ENVIRONMENTAL IMPACT ASSESSMENT FOR THE PROPOSED

REHABILITATION OF BORROW PITS AT WERU GROUP RANCH

NO.19 IN SOSONI VILLAGE, LANGO BAYA, KILIFI COUNTY
GPS: S 30 12’13.428”, E 390 46’ 0.0912”

PROPONENT

LEE CONSTRUCTION LIMITED

P.O BOX 28969-00200

NAIROBI
CERTIFICATION

Certification by EIA Experts

We certify that this Environmental Impact Assessment project report has been done
under our supervision and that all due diligence has been taken in t h e assessment criteria,
methodology and report writing and that it conforms to the requirements of the
Environmental Management and Coordination Act, 1999 and Legal Notice No. 101 of
June 2003 (Environmental Impact Assessment and Audit Regulations).
EIA EXPERTS:
ELLY OKEYO OBOTE RAEL NELLY NYANCHAMA
Practicing License No: 6170 Practicing License No: 8644
0724 954 732 0727 432 345

Signature: __________________________ Signature: __________________________

Date: ___________________________ Date: ___________________________

Certification by the Proponent/Contact Person

On behalf of;

LEE CONSTRUCTION LIMITED

P.O BOX 28969-00200

NAIROBI

Name: ______________________________________

Signature: ______________________________________

Date: ______________________________________

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ACRONYMS
EA Environmental Audit
EIA Enviromental Impact Assessment
EMCA Environment Management and Coordination Act
EMP Enviromental Managment Plan
KPLC Kenya Power and Lighting company
NEMA National Environment Management Authority
OHMP Occupational Hazards Management Plan
OHS Occupational health and safety
PPE Personal Protective Equipment
RMP Rehabilitation Management Plan.

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EXECUTIVE SUMMARY
Introduction

This report is prepared in fulfillment of Section 58 of the Environmental Management and

Coordination Act, No. 8 of 1999 (Rev 2015) and under Legal Notice No. 101 of 2003. The
assessment findings are presented in terms of the environmental and socio-economic
considerations and observations recorded during project report preparation.

Project site

The proposed rehabilitation of open borrow pits is to be undertaken at Sosoni village next to
Charo Mwende homestead within Weru Group ranch No. 19 in Lango Baya Location, Ganze
Sub-county, Kilifi County. The proposed site is accessed approximately 6km off Tsavo road at
Bao Lala at the road leading to Malindi Solar site. The borrow pits that will be rehabilitated
cover an area of approximately 4 acres, those that are unexploited will be left. The proposed
site lies along georeferenced points Latitude 3° 12´ 13.428´´ South and Longitude 39°
46´0.0912´´ East.

Project’s benefits

The project’s direct benefits include but are not limited to the following;

 Employment creation
 Rise in the living standards and the education levels
 Business opportunities
 Increased Vegetation
 Reduced Accidents
 Reduced Crime Rates
 Reduced Breeding Grounds for Mosquitoes
 Improved Aesthetic Value

Negative impacts of the project

Air pollution

The rehabilitation process will lead to the generation of dust impacting on the air quality of
the project site as well as the neighbourhood.

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Occupational injuries and accidents

The process of rehabilitation will expose the workers to various health and safety risks. These
include the risk due to dust inhalation and exposure to moving parts of machinery.

Effluent disposal

The presence of workers at the site will demand for sanitation. Thus, the effluent produced
will need to be effectively disposed so as to avert impacts it may have on the environment
including the pollution of both surface and groundwater.

Noise and Vibration

The use of machinery in the rehabilitation project coupled with the presence of workers will
contribute to high levels of noise and vibrations within the site and the surrounding areas.

Oil leaks

The operation of trucks and other machinery in the rehabilitation project has the potential to
impact on the soil and groundwater in the area in case there are oil leaks. Oil leaks will affect
the various forms of organisms which live in the soil and can also lead to pollution of
groundwater.

Mitigation measures of the project’s negative impacts

The following mitigation measures are recommended to address the negative environmental
impacts:
Air pollution
 Covering the top soil and vegetation on the trucks with canvas
 Ensuring strict enforcement of onsite speed limit regulation
 Sprinkling of water on open surfaces and dusty grounds
Occupational injuries and accidents
 Provision of documented systems of work and safe working procedures to ensure that
people can work safely and without risk to their health
 Provision of appropriate induction and training for employees, contractors and visitors

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 Provision of a safe and healthy working environment and development of safe methods of
working;
 Provision of PPEs to workers
 Regular maintenance of equipment’s and machinery
Effluent disposal
 The proponent should provide means for meeting workers’ sanitation needs at the site.
Noise and Vibration
 Sensitize vehicle drivers to switch off engines of vehicles at the site especially during
loading
 The project activities shall entirely be planned to be during the day when most of the
neighbours shall be away at work and children at school
 The machinery and vehicles to be used should be frequently maintained so as to reduce the
noise which they may produce
Oil leaks
 No service work of the trucks should be done within the site. Service works within the site
will increase chances of oil dropping on the surface
 Inspection of vehicles for oil leaks should be done regularly
 The machinery should be regularly inspected and maintained so as to prevent the
occurrence of oil leaks
 Vehicles having oil leaks should not be allowed to continue operations

The proponent having accepted to fulfill the conditions and/or proposed mitigation measures
as outlined in the environmental management plan, should be granted the opportunity to
rehabilitate the open borrow pits.

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TABLE OF CONTENTS
CERTIFICATION ........................................................................................................................................ ii
ACRONYMS ............................................................................................................................................... iii
EXECUTIVE SUMMARY ................................................................................................................................. iv
TABLE OF CONTENTS ............................................................................................................................. vii
BACKGROUND INFORMATION ...................................................................................................................... 1
1.1 Introduction ............................................................................................................................................ 1
1.2 Project and Environmental Impact Assessment (EIA) Objectives ........................................................... 1
1.3 Project location ....................................................................................................................................... 2
1.4 Scope ....................................................................................................................................................... 2
1.5 Issues Analyzed ...................................................................................................................................... 3
BASELINE INFORMATION .............................................................................................................................. 4
2.1 Introduction ............................................................................................................................................ 4
2.2 Physical features and Natural resources ................................................................................................ 4
2.2.1 Geology, Climate and the Natural resources: .................................................................................. 4
2.3 Underground water ................................................................................................................................ 5
2.5 Cultural heritage/historical sites. ............................................................................................................ 5
2.6 The Human Environment ........................................................................................................................ 5
2.6.1 Land use ........................................................................................................................................... 5
2.6.2 Infrastructure ................................................................................................................................... 6
2.7 Socio-Economic ....................................................................................................................................... 6
PROJECT DESCRIPTION.................................................................................................................................. 7
3.1 Introduction ............................................................................................................................................ 7
3.3 Project Location ...................................................................................................................................... 7
3.4 Project Activities ..................................................................................................................................... 8
3.4.1 Excavation Works ............................................................................................................................. 8
3.4.2 Loading and transportation ............................................................................................................. 8
3.4.4 Levelling ........................................................................................................................................... 8
3.4.5 Planting of Indigenous trees ............................................................................................................ 8
3.5 Main hazards ........................................................................................................................................... 9
3.6 Main solutions recommended ................................................................................................................ 9

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3.7 Project facilities, design and potential environmental issues ................................................................ 9
3.7.1. Buildings .......................................................................................................................................... 9
3.7.2. Water Supply................................................................................................................................... 9
3.7.3. Solid waste disposal ........................................................................................................................ 9
3.7.4. Fossil fuels use .............................................................................................................................. 10
LEGISLATION AND REGULATORY FRAMEWORK ......................................................................................... 11
4.1 Introduction .......................................................................................................................................... 11
4.2 Environmental Management and Coordination Act, EMCA (No. 8 of 1999) ........................................ 11
4.2.1 The Environment Impact (Assessment and Auditing) Regulations, 2003 .................................. 11
4. 2.2 Water Quality Regulations ............................................................................................................ 12
4.2.3 Waste Management Regulations, 2006, Legal Notice No.121 ...................................................... 12
4.2.4 Air Quality Regulations, 2014 ........................................................................................................ 13
4.2.5 The Noise and Excessive Vibration Pollution Control Regulations, 2009 ................................. 13
4.3 Physical Planning Act (Chapter 286) ..................................................................................................... 14
4.4 The Occupational Health and Safety Act, 2007 .................................................................................... 14
4.5 Work Injury Compensation Benefit Act 2007 ....................................................................................... 14
4.6 The Employment Act, 2007 ................................................................................................................... 15
4.7 The Labour Institutions Act, 2007 ......................................................................................................... 15
4.8 The Standards Act, Cap 496 .................................................................................................................. 15
4.9 Public Health Act Cap 232 ..................................................................................................................... 15
4.10 Land Planning Act Cap 303.................................................................................................................. 15
4.11 Conservation of Biodiversity ............................................................................................................... 16
PUBLIC CONSULTATION .............................................................................................................................. 17
5.0. Introduction ......................................................................................................................................... 17
5.1 Mode of consultation............................................................................................................................ 17
5.1.1 Informal Interviews and discussions .............................................................................................. 17
5.1.2 Questionnaire Survey..................................................................................................................... 17
ANALYSIS OF THE PROJECT ALTERNATIVES ................................................................................................ 20
6.1 The No Action Alternative ..................................................................................................................... 20
6.2 The Proposed Action Alternative .......................................................................................................... 20
6.3 Relocation Alternative .......................................................................................................................... 21

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6.4 Conclusion ............................................................................................................................................. 21
ANTICIPATED ENVIRONMENTAL IMPACTS ................................................................................................. 22
7.1 Introduction .......................................................................................................................................... 22
7.2 Positive Impacts .................................................................................................................................... 22
7.2.1 Employment creation..................................................................................................................... 22
7.2.2 Rise in the living standards and the education levels .................................................................... 23
7.2.3 Business opportunities................................................................................................................... 23
7.2.4 Increased Vegetation ..................................................................................................................... 23
7.2.5 Reduced Accidents ......................................................................................................................... 23
7.2.6 Reduced Crime Rates ..................................................................................................................... 23
7.2.7 Reduced Breeding Grounds for Mosquitoes.................................................................................. 23
7.2.8 Improved Aesthetic Value .............................................................................................................. 24
7..3 Negative Impacts ................................................................................................................................. 24
7.3.1 Air pollution ................................................................................................................................... 24
7.3.2 Occupational injuries and accidents .............................................................................................. 24
7.3.3 Effluent disposal............................................................................................................................. 25
7.3.4 Noise and Vibration ....................................................................................................................... 25
7.3.6 Oil leaks .......................................................................................................................................... 26
ENVIRONMENTAL, HEALTH AND SAFETY (EHS) .......................................................................................... 27
8.1 Introduction .......................................................................................................................................... 27
8.2 EHS Guidelines .................................................................................................................................. 27
8.3 Obligations in Environment, Health and Safety ................................................................................ 27
ENVIRONMENTAL MANAGEMENT PLAN .................................................................................................... 29
9.1 Significance of Environmental Management Plan ................................................................................ 29
9.2 EMP for Rehabilitation ...................................................................................................................... 30
CONCLUSION AND RECOMMENDATIONS................................................................................................... 34
10.1 Conclusion ........................................................................................................................................... 34
10.2 Recommendations .............................................................................................................................. 34
11.0 REFERENCES ........................................................................................................................................ 35
12.0 ANNEXES ............................................................................................................................................. 36

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BACKGROUND INFORMATION
1.1 Introduction
The proponent intends to rehabilitate open borrow pits at Sosoni village on Weru Group
Ranch No. 19 in Lango Baya Location, Ganze sub-county, Kilifi County. The proponent has
been contracted by Sterlin and Wilson to execute civil works for Malindi solar plant. In the
process of the civil work one of the wastes will be the top soil and shrub vegetation hence need
to dump it in an environmentally sustainable way.
As required by the Environmental Management and Coordination Act of 1999 as well as the
Environmental (Impact Assessment and Audit Regulations, 2003, the proponent contracted a
team of experts registered by NEMA to carry out an Environmental Impact Assessment (EIA)
on the proposed project so as to identify, analyze and describe the negative and positive
impacts of the project and also come up with ways in which the negative impacts can be
mitigated and the positive impacts can be maximized.

1.2 Project and Environmental Impact Assessment (EIA) Objectives

The project objective is to ensure proper disposal of top soil and shrub vegetation from the
solar plant facility. This project will also directly benefit the local community; the local
authority and will generally improve the rural economy which is in line with vision 2030 and
the MDGs.
On the other hand, the EIA objectives for the proposed project were:
 To identify and assess potential environmental impacts, both direct and in
direct occasioned by implementation of the proposed project. This is based on
analysis of baseline conditions of the proposed site, evaluation of the rehabilitation
process and projecting of envisaged impacts
 To propose preventive, mitigating and compensative measures for the significant
negative impacts of the project on the environment

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  To generate baseline data for monitoring and evaluation of how well the
mitigating measures are being implemented during the project cycle
 To present information on impact of alternative
 To present the results of the EIA that can guide informed decision making
 To make appropriate recommendations for legislative compliance for the
development
 To seek opinions of the public and neighbours on the impacts of the project
 Develop a decommissioning plan for the proposed project

1.3 Project location

The proposed rehabilitation of open borrow pits is to be undertaken at Sosoni village next to
Charo Mwende homestead within Weru Group ranch No. 19 in Lango Baya Location, Ganze
Sub-county, Kilifi County. The proposed site is accessed approximately 6km off Tsavo road at
Bao Lala at the road leading to Malindi Solar site. The borrow pits that will be rehabilitated
cover an area of approximately half an acre. The proposed site lies along geographic
coordinates, 30 12’13.428” S, 390 46’ 0.0912” E.

1.4 Scope
This EIA was prepared in compliance with the provisions of Environmental Management and
Co-ordination, Amendment Act of 2015 (EMCA), the specifications of the Environment
Council and NEMA. These institutions were interested in maintaining Environmental Quality.
This EIA is undertaken to cover the proposed project site. Impacts related to the project
activities shall be realized in the neighbouring area. Mitigation of adverse impacts would
safeguard the community around the project site and the general environment within the
confluence of the project site.

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Some impacts such as dust spread and effects on access roads to site go beyond the project site
and could affect a greater region. Mitigation is also meant to safeguard on areas far beyond the
project site.

1.5 Issues Analyzed

The proposed action could have issues related to environmental components such as those
enlisted below:-
 Air quality
 Geology and soils
 Public safety
 Water quality
 Flora
 Fauna
 Cultural and archaeological resources
 Noise
 Soil quality versus hazardous materials and waste
 Land use and recreation
However, no samples were collected for analysis purposes.

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BASELINE INFORMATION
This is a summary of the existing baseline structure that has a critical bearing on the propose
project.

2.1 Introduction
The proposed rehabilitation of open borrow pits is to be undertaken at Sosoni village next to
Charo Mwende homestead within Weru Group ranch No. 19 in Lango Baya Location, Ganze
Sub-county, Kilifi County. The area of low population density.

2.2 Physical features and Natural resources

2.2.1 Geology, Climate and the Natural resources:

a) Geology and Soils

The soil type within the District is composed of well drained, very deep, yellowish red, very
friable, fine sandy loam to fine sandy clay loam.

b) Climate
The County has a monsoon type of climate with hot and humid conditions all year round. It
is hot and dry from January to April while June to August is the coolest period. Average annual
temperatures range from 22.3˚C to 26.6˚C in the coastal lowlands, while the hinterland
temperatures range from 30˚C to 34˚C. Average temperature ranges from 21˚C in July to 24˚C
in August.

The rainfall pattern has two distinct seasons: the long rains which occur between the months
of March of June, with 60% reliability; and the short rains which start towards the end of
October and last until December or January. The mean annual rainfall is about 1,100mm, with
the months of May and June recording the heaviest rains. The month of May has the highest
precipitation with a mean monthly rainfall of about 375.44 mm, although these long rains
decrease gradually after May.

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c) Coral Reefs
Coral reef and their associated biodiversity and beaches support the hospitality industry,
particularly tourism. The site is not located close to the beach.

d) Mangrove forests and swamps

They are found in creeks that have potential for Mari-culture. They are not available in the
proposed project site.

e) Dead coral rock

Dead coral are found along the coastal belt. They provide a suitable area for coral block mining
which are used for building.

2.3 Underground water

There exist some boreholes in the neighborhood. The proximate depth to the underground
water is about 80 feet beneath the surface. Such boreholes supplement the KIMAWASCO
supply due to some shortages which are presently being experienced. There is no borehole
within the proposed site.

2.5 Cultural heritage/historical sites.

Coastal towns are well known for existence of historical sites. The proposed project site and its
immediate environs has no historical/cultural sites hence poses no risk to cultural heritage.

2.6 The Human Environment

2.6.1 Land use

The proposed site is in an area that is scarcely populated and people are mainly involved in
farming activities.

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2.6.2 Infrastructure

The area is well served with physical infrastructure. This has strong implications on the socio-
economic development activities.
a) Roads
Most rural areas at the coast are served with a dilapidated and narrow road network contrary
to most urban centers such as Mombasa, Kilifi and Kwale which are well served by both
classified and non-classified roads. The road networks are greatly influenced by existence of
important industrial, tourism and commercial centers. The area is served with an earth road
off Tsavo road at Bao Lala.

b) Water
The project area relies on piped water from MAWASCO with storage tanks within the site.

c) Energy
The main source of energy is electricity from the Kenya Power and Lighting Company.

d) Waste Management
The project is located in a place that is served by the Kilifi county government in terms of solid
waste disposal. Due to inconsistency in garbage collection the proponent has to put in place
alternative ways of garbage collection and disposal should the need arise.

2.7 Socio-Economic
The area supports a wide range of economic activities such as fishing, tourism, trade and
commercial activities, agriculture including crop and animal husbandry, mining and
quarrying, forestry and industrialization.
The project site is unsettled and unutilized for economic benefits.

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PROJECT DESCRIPTION
3.1 Introduction
The proponent has proposed to rehabilitate open borrow pits.

3.3 Project Location

The proposed rehabilitation of open borrow pits is to be undertaken at Sosoni village next to
Charo Mwende homestead within Weru Group ranch No. 19 in Lango Baya Location, Ganze
Sub-county, Kilifi County. The proposed site is accessed approximately 6km off Tsavo road at
Bao Lala at the road leading to Malindi Solar site. The borrow pits that will be rehabilitated
cover an area of approximately 4 acres. Unexploited borrow pits will be left for exploitation by
the community. The proposed site lies along geographic coordinates, 30 12’13.428” S, 390 46’
0.0912” E. Project activities had already started at the time of the assessment.

The borrow pits

Already stripped area

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3.4 Project Activities
3.4.1 Excavation Works

This will involve top soil stripping and removal of vegetation comprising mainly of shrubs and
some grasses. The stripped soil and vegetation will then be heaped together awaiting loading.
There will be intense use of machinery and human labour making operations partly manual
and partly machinery. A dozer will be used to move heap the waste as it awaits haulage to the
burrow pits. During dry season water will be used to minimize dust dispersion. Excavations
shall also be minimized to the project are to minimize disturbance.

3.4.2 Loading and transportation

The loading of the stripped top soil and vegetation into trucks will be done manually by
personnel with their protective gears on such as the overalls, gloves, dust masks, helmets and
safety shoes.

There is already a motorable route from the Malindi solar site to the open borrow pits which
will be used by the trucks to transport the top soil and vegetation to the open borrow pits. The
trucks will be covered by canvas to prevent falling off of the waste and minimize dust emissions
during the process.
The proponent also plans to acquire an additional way leave from the clearing site to the
borrow pits. This will be shorter than the existing county road. The new route is already
existing and is used by community members as an access road to the plots. The route will be
graded to make it suitable for driving.
3.4.4 Levelling

Once the top soil and vegetation has been offloaded at the open borrows, the material will be
levelled. While offloading the top soil a water boozer will be used to sprinkle water to reduce
dust emissions.
3.4.5 Planting of Indigenous trees

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Indigenous trees will then be planted on the filled borrow pits.

3.5 Main hazards

Dangers can be experienced during the excavations, transportation, levelling, repairs or any
other operation on the site. Dangers include injuries from flying material, cuts, fall of material,
high noise levels and dust emissions. Dust generated during excavation and loading may
interfere with the respiratory system and visibility. Accidents may arise from the use
machinery. Noise from the machinery may damage the ears and hearing capacity.

3.6 Main solutions recommended

 Danger tapes and warnings in local language, English and Kiswahili or a permanent
security fence around excavated area.
 Basic protective clothing should be applied. These should include overalls, helmets,
safety shoes, dust masks and ear muffs.
 Maintenance of machinery.

3.7 Project facilities, design and potential environmental issues

3.7.1. Buildings

There is a site office at the Malindi solar facility from where the top soil is stripped. The
proponent has also put in place facilities for sewage disposal. The toilet waste will be treated
and stored in plastic septic tank.
3.7.2. Water Supply

Water supply for drinking purposes will be obtained from KIMAWASCO.

3.7.3. Solid waste disposal

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Major solid waste from the project activities will include earth material such as vegetation,
dust, clippings, rejected stones and soil cover. Hazardous materials include waste oil and
wrappings.
3.7.4. Fossil fuels use

The main fossil fuels to be used for the operations will be diesel, which is required for the
operation of the excavators and other machinery. Oil and lubricants are also required for the
purposes of maintaining the machinery.

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LEGISLATION AND REGULATORY FRAMEWORK
4.1 Introduction
Environmental regulations and standards in Kenya are determined and enforced through
various levels of statutes, the majority of which are sector specific. The EMCA is the governing
law for the protection of the environment in Kenya, and is considered the base for various
environmental regulations and guidelines.

4.2 Environmental Management and Coordination Act, EMCA (No. 8 of 1999)

This project report has been undertaken in accordance with the Environment (Impact
Assessment and Audit) regulations 2003, which operationalize the Environment Management
and Coordination Act, 1999. The report is prepared in accordance with the second schedule of
the Environmental Management and Coordination Act no. 8 of 1999 and the Environmental
Impact Assessment and Audit Regulations 2003, regulation 7(1). Part II of the said act states
that every person is entitled to a clean and healthy environment and has the duty to safeguard
the same. In order to achieve the goal of a clean Environment for all, new projects listed under
the second schedule of Section 58 of EMCA No. 8 of 1999 shall undergo an Environmental
Impact Assessment. This includes development activities such as this project report. In
additional to the legal compliance above, the following legal aspects have also been undertaken
into consideration.
4.2.1 The Environment Impact (Assessment and Auditing) Regulations, 2003
The EIA/EA regulations came into force in 2003 through a Legal Notice No. 101. EIA is
utilized as decision making tool by the National Environment Management Authority to
determine the issuance of EIA licenses to new projects. On the other hand, environmental
audits are used a tool for compliance monitoring and evaluation to determine how on-going
projects conform to environmental protection and conservation measures. The regulations
require that on-going projects with a potential to impact negatively on the environment to
undertake an initial environmental audit and thereafter annual self-audits for the lifetime of
the project. The regulations further stipulate the ways in which environmental experts should

11
conduct the environment audits and content reporting in conformity to the required
standards.
4. 2.2 Water Quality Regulations

Water quality regulations were gazette in 2006 as legislative supplement to mainly address the
challenges of pollution of water resources as well as their conservation. It consists of VI parts
and eleven schedules dealing with protection of sources of water to miscellaneous provision.
Effluent discharge and water for industrial use are dealt with under part III which sets out the
following among others.
 Compliance with industrial standards
 Discharge into the aquatic environment
 Discharge into the environment
 Discharge monitoring
 Review of records
 Application for effluent discharge license
Relevance to facility: The proponent will have to adhere to these regulations to ensure the
project operations do not lead contamination of the ground water, whose water table is very
low in the area and protection of marine water.

4.2.3 Waste Management Regulations, 2006, Legal Notice No.121

In pursuit of the provisions of the Environmental Management and Coordination Act, Revised
2015, NEMA, in 2006 gazette the waste management regulations focusing on management of
solid wastes, industrial wastes, hazardous wastes, pesticides and toxic substances and
radioactive substances. The regulations are aimed at addressing the following concerns;
Reduction of waste through adoption of cleaner methods of production
 Responsibilities for waste generators and obligations for disposal
 Proper transportation and disposal of wastes
 Management of waste disposal sites

12
  Waste treatment requirements
 Requirements for Environmental Impact Assessments (EIA’s) and Environmental
Audits (EAs) in management of waste
 Application of existing regulations in relation to waste management
 Licensing of waste handlers and disposal sites
 Licensing fees and procedures for waste handlers and pollution penalties
Relevance: The proponent to ensure that waste is separated, recycling and reused. Further
ensure that solid wastes are managed and collected in accordance to the Legal Notice by NEMA
licensed waste collectors.

4.2.4 Air Quality Regulations, 2014

It aims to provide prevention, control and abatement of air pollution to ensure clean and
healthy ambient air. It provides emission standards for various sources such as mobile sources
(e.g. motor vehicles) and stationary sources (e.g. industries). It also covers any other pollution
source as may be determined by the minister in consultation with the authority. The
regulations provide the procedure for designating controlled areas, and the objectives of air
quality management plans for these areas.
Relevance: The proponent should ensure control of air pollution.

4.2.5 The Noise and Excessive Vibration Pollution Control Regulations, 2009
The EMCA noise and excessive vibration pollution control regulations -2009 regulations,
control excessive noise and vibration. The regulation prohibits making or causing any loud,
unreasonable, unnecessary or unusual noise which annoys, disturbs injures or endangers the
comfort repose health or safety of others and the environment. The regulation also prohibits
excessive vibration, which annoy and disturb.

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4.3 Physical Planning Act (Chapter 286)
This is the main Act that governs land planning. The respective local authority must approve
developments and issue a certificate of compliance. Section 29 of this Act gives powers to local
authorities to reserve and maintain all land planned for open spaces, parks, urban forests and
green belts.

4.4 The Occupational Health and Safety Act, 2007

The act applies to all workplaces where any person is at work, whether temporarily or
permanently. The objective of this Act is to secure the safety, health and welfare of persons at
work; and protect persons other than persons at work against risks to safety and health arising.
Under Section 16 of this Act, it is mentioned that no person shall engage in any improper
activity or behavior at the workplace, which might create or constitute a hazard to that person
or any other person. This Act repealed the Factories and Other Places of Work Act and
provides general duties of occupiers of work places. The act provides for safe use of plant
machinery and equipment states that all plant, machinery and equipment whether fixed or
mobile for use either at the workplace, shall only be used for work, which they are designed
for and be operated by a competent person.
Relevance: The proponent should ensure a safe working environment for the workers, through
provision of appropriate PPE, adequately equipped first aid kits, fire safety apparatus, training
on use of the above, emergency response mechanisms and health schemes as required in
addition to the establishment of a Safety and Health Committee.

4.5 Work Injury Compensation Benefit Act 2007

The work injury compensation benefit act- 2007 provides guidelines for compensating
employees on work related injuries and diseases contacted in the course of employment and
for connected purposes. The act includes compulsory insurance for employees.

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4.6 The Employment Act, 2007
The Employment Act, 2007, declare and define the fundamental rights of employees, to
provide basic conditions of employment of employees, to regulate employment of children,
and to provide for matters connected with the foregoing mining project.

4.7 The Labour Institutions Act, 2007

The labour institutions act establishes institutions and bodies involved in the administration
of management of labour relations. It provides for the functions, powers and duties, and other
related matters relevant with labour. The act establishes and strengthens institutions, which
deal with labour administration and management of labour relations.

4.8 The Standards Act, Cap 496

The bureau of standards is the authority responsible for implementation of this act. The
standard act cap 496 provides standards on the requirements of equipment’s.

4.9 Public Health Act Cap 232

The act makes provisions for securing and maintaining health. It consists of directives that
affect human health. Under part IX section 115 of this act, it is stated that no person or
institution shall cause nuisance or condition liable to be injurious or dangerous to human
health. Any noxious matter or waste water flowing or discharged into a watercourse is deemed
as nuisance and the proponent will be compliant to this provision.

4.10 Land Planning Act Cap 303

The act provides guidelines for land planning. Under this section9 of the subsidiary legislation
(The development and Use of Land Regulations, 1961) under this act requires that before the

15
local authorities submit any plans to the minister for approval, steps should be taken as may
be necessary to acquire the owners of any land affected by such plans. Particular of comments
and objections made by the landowners should be submitted.

4.11 Conservation of Biodiversity

Kenya has a large diversity of ecological zones and habitats including lowland and mountain
forests, wooded and open grasslands, semi-arid scrubland, dry woodlands, and inland aquatic,
and coastal and marine ecosystems. In addition, a total of 467 lake and wetland habitats are
estimated to cover 2.5% of the territory. In order to preserve the country’s wildlife, about 8%
of Kenya’s land area is currently under protection.
Kenya has established numerous goals, as well as general and specific objectives that relate to
these issues, among others: environmental policies and legislations; involvement of
communities; documentation of national biological resources; sustainable management and
conservation of biodiversity; fair and equitable sharing of benefits; technical and scientific
cooperation; biodiversity assessment; dissemination of information; institutional and
community capacity building; and integration of biodiversity concerns into development
planning.
Relevance: The proponent should put into consideration biodiversity when selecting tree
species for rehabilitation.

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PUBLIC CONSULTATION
5.0. Introduction
Consultation with the neighbours especially those drawn from the proposed project site and
the immediate neighbourhood on the proposed project was conducted. The consultation was
vital and served to: -
 Inform local community especially those drawn from the proposed project site of the
proposed development within their locality;
 Explain to the local community the nature of the proposed project, its objectives and
scope;
 Give local community especially those drawn from the proposed project site an
opportunity to present their views, concerns and issues regarding the proposed project;
and
 Obtain suggestion from the local community and other stakeholders on possible ways
potential negative impacts can be effectively mitigated and how local community can
be part of the proposed project.

5.1 Mode of consultation

The consultation was twofold namely;
 Informal interviews and discussions; and
 Questionnaire survey.
5.1.1 Informal Interviews and discussions

Informal interviews and discussions were carried out in the neighbourhood. The aim was to
first inform the neighbours on the proposed rehabilitation in the area and to get their views,
comments and concerns concerning the project.
5.1.2 Questionnaire Survey

Questionnaire survey was carried out to collect views from neighbours on the proposed
project. Each respondent was required to state among other things how the proposed project

17
is likely to affect them positively and negatively, to suggest what can be done to reduce possible
negative effects and enhance positive effects and to enumerate any other concerns.

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Summary of the responses

Name Contact Likely Positive Impacts Likely Negative Mitigation Measures to the Negative Impacts
Details Impacts

Grace Kanze 0799 245005 Improved visual appearance None None

Magret Kalume 0758 578614 Destruction of breeding Dust emissions Sprinkling of water among other measures that
grounds for mosquitoes will be found suitable
Reduced accidents as a result
of the open borrow pits

Rehema Mangi 0790 034218 Reduced crime rates since None None
the open borrow pits were
used as hiding places
Destruction of mosquito
breeding grounds

Ngala Chome 0725 276936 Reduced incident of Dust pollution in Sprinkling of water to reduce the dust
accidents the dry season
The open pits that had not
been exhausted will not be
filled up

Eunice Katana 0726 755 833 Not sure None None

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ANALYSIS OF THE PROJECT ALTERNATIVES
6.1 The No Action Alternative
This alternative will imply that the project will not be undertaken. This means that the
proposed rehabilitation project be halted.

Disadvantages of the ‘No’ Alternative

 Unimproved aesthetic natural value of the site
 Loss of job opportunities for the youth within the periphery of the proposed site
 Loss of development opportunity in the area
 Loss of anticipated benefits to the proponent of Weru Group Rand No. 19
 Loss of money in terms of costs already incurred for the purpose of acquiring the
proposed rehabilitation site
 Continuity in the challenges as a result of the open borrow pits. As a result, mosquitoes
will have a breeding ground during the rainy season, crime rates will persist and the
open borrow pits will be a potential cause of accidents.
 An alternative site may have different environmental conditions. It is a challenge for
the proponent to acquire a similar site with the same environmental conditions as
Malindi Solar facility.

Advantages of the ‘No’ Alternative

 Potential negative impacts from the proposed rehabilitation project will not be a
concern especially dust emissions.

6.2 The Proposed Action Alternative

This alternative implies that the proponent will undertake the rehabilitation project as
intended.
Advantages of the ‘Yes’ Alternative
 There will be employment opportunities during the rehabilitation

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  The proposed project will contribute to improved aesthetic natural value of the site
 The project will reduce mosquito breeding ground
 The proposed project will increase vegetation cover
 The development will attract other investments in the area
 The county and national governments will earn revenue from the proposed project
Disadvantages of the ‘Yes’ Alternative
 Dust emissions
 Noise pollution
 Prevalence of accidents and injuries

6.3 Relocation Alternative

This alternative implies that the proponent will undertake the rehabilitation project in a
different site. This means that the proponent has to look for land if relocation is proposed and
land with the same environmental conditions is not easily available and if available it may be
expensive for the proponent.

6.4 Conclusion
The Proposed Action Alternative is the most viable option.

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ANTICIPATED ENVIRONMENTAL IMPACTS
7.1 Introduction
The purpose of the EIA is to identify the significant impacts of the project or activity under
consideration and then to propose appropriate mitigation measures and develop a management
plan that will guide the activities of the project in protecting and managing the environment.
The EIA process also provides suitable means for the project to be implemented to realize
positive results.

The significant impacts are those which;

a) are subject to legislative control

b) relate to protected areas or historical and culturally important areas

c) are of public concern and importance

d) elevate the risk to life threatening circumstances

e) trigger subsequent secondary impacts

f) affect sensitive environmental factors and parameters

The proposed rehabilitation project will have both positive and negative impacts to the
physical, ecological and social environment. The impacts will be related to the activities to be
carried out during the rehabilitation process.

7.2 Positive Impacts

7.2.1 Employment creation

The proposed rehabilitation project will generate employment opportunities especially for the
youths in the area. The youths will be busy in the project and hence will not be involved in
vices such as drug abuse and other crimes.

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7.2.2 Rise in the living standards and the education levels

Through the employment opportunities created, workers will earn an income which will help
them raise their standards of living. Parents will also be able to afford fees for their school
going children and hence will contribute to a rise in the education levels in the area.

7.2.3 Business opportunities

The proposed project will provide various business opportunities. This will be through the
sourcing of goods and services such as environmental consultancy services, machinery
maintenance and provision of diesel. The workers will also provide a market for the local food
vendors and house owners hence boost the local economy

7.2.4 Increased Vegetation

The proposed rehabilitation project will increase the tree cover since they will plant
indigenous trees once the open borrow pits are filled up.

7.2.5 Reduced Accidents

The open borrow pits are potential sources of injuries and accidents especially to kids who go
there to play. Filling up the exploited pits will therefore reduce accidents.

7.2.6 Reduced Crime Rates

The open borrow pits are sometimes used by people as hiding places from where they attack
community members. Rehabilitating the open borrow pits will therefore reduce the crime
rates.

7.2.7 Reduced Breeding Grounds for Mosquitoes

The open borrow pits are filled with water during the rainy season that then act as breeding
ground for mosquitoes. This is likely to increase malaria cases.

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7.2.8 Improved Aesthetic Value

The rehabilitation of the open borrow pits will create a better aesthetic landscape and the
trees that will be planted will maintain the biological activity in the soil and safeguard the
ecosystem

7..3 Negative Impacts

7.3.1 Air pollution

The rehabilitation process will lead to the generation of dust impacting on the air quality of
the project site as well as the neighbourhood. Exhaust emissions from trucks ferrying the top
soil and vegetation remains as well as machinery used for loading will also contribute to air
pollution.
Mitigation measures
 Covering the top soil and vegetation on the trucks with canvas
 Ensuring strict enforcement of onsite speed limit regulation
 Sprinkling of water on open surfaces and dusty grounds
 Provision of personal protective equipment such as dust masks to workers
 Vehicle engines should be switched off when at the site

7.3.2 Occupational injuries and accidents

The process of rehabilitation will expose the workers to various health and safety risks. These
include the risk due to dust inhalation and exposure to moving parts of machinery. The dust
can lead to a number of respiratory ailments as well as aggravating others such as asthma. Sharp
moving parts can lead to cuts and other injuries including fatalities.

Mitigation measures
 Provision of documented systems of work and safe working procedures to ensure that
people can work safely and without risk to their health
 Provision of appropriate induction and training for employees, contractors and visitors

24
 Provision of a safe and healthy working environment and development of safe methods of
working;
 Provision of PPEs to workers
 Regular maintenance of equipment’s and machinery
 Provision of sign boards in danger zones
 Provision of a well-stocked first aid kit so that in the event of injury or illness occurring,
workers can get appropriate assistance for full recovery as soon as possible.

7.3.3 Effluent disposal

The presence of workers at the site will demand for sanitation. Thus, the effluent produced
will need to be effectively disposed so as to avert impacts it may have on the environment
including the pollution of both surface and groundwater. This will be through surface run off
and infiltration. Thus, if these water sources are polluted by effluent, emergence of waterborne
diseases such as typhoid, cholera and dysentery among others.
Mitigation measures
The proponent should provide means for meeting workers’ sanitation needs at the site.

7.3.4 Noise and Vibration

The use of machinery in the rehabilitation project coupled with the presence of workers will
contribute to high levels of noise and vibrations within the site and the surrounding areas.
These noise and vibrations will affect the workers, residents, passers-by and other persons
within the vicinity.
Mitigation measures
 Sensitize vehicle drivers to switch off engines of vehicles at the site especially during
loading
 The project activities shall entirely be planned to be during the day when most of the
neighbours shall be away at work and children at school

25
 The machinery and vehicles to be used should be frequently maintained so as to reduce the
noise which they may produce
 Workers should be provided with protective gears such as ear plugs and ear muffs
 Management to ensure effective use of PPEs provided

7.3.6 Oil leaks

The operation of trucks and other machinery in the rehabilitation project has the potential to
impact on the soil and groundwater in the area in case there are oil leaks. Oil leaks will affect
the various forms of organisms which live in the soil and can also lead to pollution of
groundwater.
Mitigation measures
 Spill kits and drip trays shall be provided for machines to prevent oil leaks
 No service work of the trucks should be done within the site. Service works within the
site will increase chances of oil dropping on the surface
 Inspection of vehicles for oil leaks should be done regularly
 The machinery should be regularly inspected and maintained so as to prevent the
occurrence of oil leaks
 Vehicles having oil leaks should not be allowed to continue operations

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ENVIRONMENTAL, HEALTH AND SAFETY (EHS)
8.1 Introduction
EHS focuses on the state of working environment, tools/equipment’s and the biotic
environment. The main aim of EHS in the proposed project is to develop guidelines for
protecting, managing and responding to processes, situations/conditions that might
compromise health, safety and security of workers and the ecological wellbeing. It aims at:
 Prevention of occupational injuries
 Ensuring a safe and healthy working environment for workers
 Limiting loss or damage to ecological resources
 Promoting environmental sustainability

8.2 EHS Guidelines

In order to effectively achieve EHS goals, the proponent and workers will do the following:
 Commit themselves to promoting and maintaining high levels of safety and health
standards
 Ensure that project activities protect the environment and natural resources
 Be vigilant and track significant changes occurring to the environment and ecosystem
health for prompt actions
 Employees will be expected to take personal responsibility for their safety, safety of
colleagues and of the general public as it relates to the EHS management plan

8.3 Obligations in Environment, Health and Safety

8.3.1 The Proponent

The proponent will ensure
 Safe means of entry and exit at the proposed project site
 Adequate briefing of job at hand on the safe system of work before commencement of
work

27
  Provision of quality and sufficient personal protective gears and ensuring that they are
worn when working
 Ensure qualified first aid is provided to injured workers at all times
 Ensure there is ample supply of portable drinking water to all workers
 Ensure sanitation available at the project site
 Implementation of appropriate national and internationally recognized OHS
(Occupational Health and Safety) standards codes and guidelines
 Inclusion of meaningful participation of employees in implementation and
maintenance of procedures and processes
 Implementation of a program to change employee culture and attitudes regarding
health and safety
 Planning, implementing and monitoring programs and systems required to ensure OHS
at the site

8.3.2 Workers
Workers carrying out rehabilitation will ensure that:
 All health and safety issues are reported to the supervisors promptly
 Equipment’s and machineries are in good operating condition
 The activities do not lead to any accidents or injuries

8.3.3 Drivers
Within the project site, the following rules will be observed:
 Observe speed limits and all other signs and obey traffic rules
 Use the vehicle for the purpose to which it is intended only

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ENVIRONMENTAL MANAGEMENT PLAN
9.1 Significance of Environmental Management Plan
The significance of this EMP has been determined in terms of context and intensity of an
action. Context refers to geographical scale; local, national or global while intensity is defined
by the severity of the impact; i.e. the magnitude of deviation from background conditions, the
size of the area affected, the duration of the effect, violation of legal compliance and the
overall likelihood of occurrence.
The plan allows measures to be implemented that will avert/prevent negative impacts. The
project proponent must ensure that all the proposed mitigation measures are implemented in
time. Simple monitoring tools will involve a checklist to record information relating to any
environmental occurrence.

The EMP in the following table shows the impacts, mitigation measures, implementation
period and estimates of the required resources and the responsible persons.

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 9.2 EMP for Rehabilitation

Anticipated Mitigation Measure Responsibility Estimated Time Frame

Impact Cost

Noise emission and  Sensitize vehicle drivers to switch off Proponent 50 000 Throughout the
vibration engines of vehicles at the site especially project
during loading
 The project activities be planned to be
during the day
 Machinery and vehicles to be used should
be frequently maintained so as to reduce
the noise which they may produce
 Workers should be provided with
protective gears such as ear plugs and ear
muffs
 Management to ensure effective use of PPEs
provided

30
Air pollution  Ensuring strict enforcement of speed limit Proponent 20 000 Throughout the
regulation project
 Sprinkling of water on open surfaces and
dusty grounds
 Provision of personal protective equipment
such as dust masks to workers
 Vehicle engines should be switched off
when at the rehabilitation site

Occupational  Provision of documented systems of work Proponent 30 000 During

injuries and and safe working procedures to ensure that rehabilitation
accidents people can work safely and without risk to
their health
 Provision of appropriate induction and
training for employees, contractors and
visitors
 Provision of a safe and healthy working
environment and development of safe
methods of working
 Provision of PPEs to workers

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  Regular maintenance of equipment’s and
machinery
 Provision of sign boards in danger zones
 Provision of a well-stocked first aid kit so
that in the event of injury or illness
occurring, workers can get appropriate
assistance for full recovery as soon as
possible.

Effluent disposal  The proponent has provided means for Proponent 20 000 Throughout the
meeting workers’ sanitation needs at the project cycle
site.
 The proponent should ensure proper
sewage disposal

Oil leaks  Inspection of vehicles for oil leaks should Proponent 40 000 Throughout the
be done frequently project cycle

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  The machinery should be regularly
inspected and maintained so as to prevent
the occurrence of oil leaks

Soil Erosion  Embark on intensive planting of trees to Proponent 100 000 Throughout the
restore and conserve the nature history project
 Undertake landscaping in order to restore
destroyed areas, conserve soil and safeguard
the ecosystem

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CONCLUSION AND RECOMMENDATIONS
10.1 Conclusion
In conclusion, the proposed project is suitable for the site due to its proximity to the Malindi
Salt site where the civil works are being undertaken.
It is worth noting that the implementation of the proposed project will spur positive effects in
the project area including increase in vegetation cover, creation of employment, improved
aesthetic, reduction in crime and accidents. However, negative impacts will also be
experienced hence the need to mitigate them. The negative impacts can be effectively
mitigated if the proposed mitigation measures and rehabilitation plan is implemented to the
latter.

10.2 Recommendations
We recommend the following:
 Priority should be given to indigenous trees while undertaking landscaping.
 Ensure trucks transporting the top soil and vegetation remain are covered by canvas
and sprinkling of water on the sites in an effort to reduce dust emissions.
 The machinery and vehicles to be used should be frequently maintained so as to reduce
the noise which they may produce
 Workers should be provided with protective gears such as ear plugs, ear muffs, dust
masks, helmets, gloves and boots
The proponent having accepted to fulfill the conditions and/or proposed mitigation measures
as outlined in the environmental management plan, should be granted the opportunity to
rehabilitate the open borrow pits.

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11.0 REFERENCES
Environmental Management and Coordination Act,1999, Government Press, Nairobi
Environmental Management and Coordination Act (Water Quality Regulation 2006),
Government Press, Nairobi
Government of Kenya (2003). The Environmental (Impact Assessment and Audit) Regulations
2003: Legal Notice No.101

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12.0 ANNEXES
Certificate of Incorporation

KRA PIN

Contract Agreement

Weru Group Ranch Letters

Environmental Policy

Rehabilitation Plan

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