Environmental and Social Impact Assessme

Kurrent Technologies Ltd
Environmental and Social Impact

Assessment Study for the Proposed Nithi
Small Hydro Project, Tharaka Nithi, Kenya
Report prepared for
Nithi Hydro Power Ltd

ESIA Report- Nithi Hydro Power Project
Environmental and Social Impact Assessment Study for the

Proposed Nithi Small Hydro Project, Tharaka Nithi, Kenya
Prepared for:
Nithi Hydropower Ltd
6th Floor West End Towers, Off Waiyaki Way
Nairobi, Kenya.
aiw@frontier.dk
Prepared by:
Kurrent Technologies Ltd.
Hass Plaza, 4th Floor,
Lower Hill Road,
P. O. Box 16989 – 00620
Nairobi, Kenya
Tel: (+254) 20 273 0308/10
Fax: (+254) 20 273 0296
E-mail: info@kurrent.co.ke
August 2015
Reviewed by:
Compiled by:
Sanjay Gandhi – COO Aurecon
NEMA Lead Expert – Registration No. 0119
Approved by
Frontier Investment Management
Kurrent Technologies Ltd, August 2015 Page 1

Non-technical Summary
Overview
Nithi Hydro Power Ltd (NHPL) intends to develop a run-of-the river small
hydro plant with a capacity of 5 Megawatts (MW) on the Nithi River in Maara
Constituency, Tharaka Nithi County.
NHPL is a Special Purpose Vehicle (SPV) owned by Frontier Investment

Management Africa Limited. It is proposed that the components of the project
will be built within the Mount Kenya Forest Reserve (MKFR) and on the
southern bank of the Nithi River. Power will be evacuated using an overhead
transmission line to the nearest substation, located approximately 10 km from
the project site.
Aurecon was appointed by NHPL to perform a feasibility study on the

proposed Nithi hydropower project. Aurecon appointed Kurrent Technologies
Ltd (KTL) to complete the Environmental and Social Impact Assessment
(ESIA) and Environment and Social Management Plan (ESMP) for necessary
environmental authorisations in accordance with the Environment
Management and Coordination Act, 1999.
Additionally, based on the International Finance Corporation (IFC) project

categorisation for environmental assessment, the Nithi Hydro Project (NHP)
falls in category B projects, which have modest risk and will have potentially
adverse environmental impacts on human populations or environmentally
important areas, including wetlands, forests, grasslands, and other natural
habitats.
Project description
The project will be located on the lower eastern slopes of Mount Kenya on the
Nithi River in Maara Constituency, Tharaka Nithi County, approximately
7.5 km from Chuka town and roughly 150 km from Nairobi.
The proposed project would consist of the following components
 An intake structure;
 A low pressure pipeline, which will follow the contour;
 A de-sanding structure;
 A buffer tank;
 A steel penstock;

 A power station; and

 A power transmission line.
Public/stakeholder consultation
A comprehensive public/stakeholder consultation process was carried out at

the National and County level with the various Government ministries and
departments, regulatory lead agencies and members of the various
communities. A consultative-participatory approach was adopted to shed
more light on the project components, implementation activities, and to
explain the likely impacts from the project as a part of the ESIA Study. The
consultations were in form of one-on-one meetings, workshops and barazas.
The scoping consultations meetings were held from May 2014 to December
2014 at both national level and county level. These meetings were organised
through official letters, emails and phone calls two weeks prior to their
commencement. A further series of community and key stakeholder meeting
was held in May 2015.
Specialist studies
The following specialist studies were undertaken over the course of the EIA
process:
 Social impact assessment (SIA);

 Ecological impact assessment;
 Archaeology and cultural heritage assessment; and
 Geology and soil assessment.
Key findings of the specialist studies

Social Impact Assessment
The SIA was conducted based on public/stakeholder consultations with the

political leadership in Tharaka Nithi County (Deputy Governor, Mitheru ward
MCAs), Lead Agencies, Council of Elders and communities living around the
vicinity of the project site, as well as a comprehensive social survey. The
format of the consultation included meetings, forums and public meetings
(barazas).
Based on the comments received from various stakeholders, it is envisaged

that the proposed NHP will have both positive and adverse social impacts.
Most people are looking for job opportunities, which is a positive social impact

in the area. The development of the NHP will also trigger other socio-
economic activities such as provision of goods and services to those that will
be working within the NHP. It is further envisaged that with additional
disposable income, there could potentially be negative effects such as
increase in the prevalence of sexually transmitted diseases, changes in moral
behaviour, etc.
In general, the potential social impacts associated with the proposed NHP are
listed below.
 It is anticipated that there will be a net economic benefit to the community,

County and Kenya. Employment opportunities will be available during the
construction and operational phase; additionally, there will be business
opportunities available for persons to supply goods to the NHP
construction workers.
 Based on the combined positive and adverse impacts identified, the

project will not cause social unrest;
 The negative impacts identified through the social impact assessment can
be mitigated through regular communications from NHPL on the status of
the project coupled with implementation of the ESMP.
Ecological Impact Assessment
An environmental assessment was carried out within the project foot-print on

the general assessment of the flora and fauna species. The assessment
involved undertaking ecological survey during dry and wet seasons
(September and June). Both primary and secondary data on flora and fauna
were used to identify endemic and threatened species of flora and fauna.
Impacts were identified on ecological processes (aquatic systems);
movement of species (aquatic and terrestrial); human-wildlife conflict;
distribution of the species of conservation importance (e.g. Vitex keniensis)
and forest habitats and alien invasive species.
The most significant impacts were assessed to be the following:
 The diversion of river water would potential deprive part of the river with
water that provides ecological services;
 Movement of elephants would be affected by constructed trenches and
construction activities;
 Human-wildlife conflict (especially regarding elephants) is likely during
construction;
 The distribution of Vitex keniensis and Ocotea Keniensis which are
currently vulnerable under IUCN red list of threatened species, could be
affected if vegetation is cleared; and

 Construction vehicles and other equipment can act as a source of

propagules of the alien invasive plant species.
Mitigation measures are proposed for the above significant impacts on the
environment. Environment management plan is designed in order to ensure
the potential impacts are managed during the construction and operational
phase of the project. This brings into action the potential players in the
management and research on biodiversity and environmental issues, general
biodiversity issues, nature of the project and environment impact assessment;
Kenya Wildlife Service, National Museums of Kenya and the Kenya Forest
Service (KFS).
Cultural Heritage Assessment
No stone tools, pottery or bone fragments were seen or collected from the
surface. The absence of archaeological artifacts may be attributed to the fact
that the area was permanently inhabited fairly recently, so prehistoric artifacts
have not had time to accumulate. The thin soils on the mountainous slopes
are not good for farming, and although some crop production is carried out, it
is apparent that soil erosion has carried away most of the topsoil, and there is
evidence of massive landslides. What small objects would have been left on
the surface would have long since been swept downstream. There are no
exposed sections in the area so it was not possible to establish if there are in
situ artifacts beneath the surface.
There are no religious or cultural values or objects that are located in the
project footprint and the development will not have a negative impact to the
accessibility of the cultural sites within the forest. As no special areas have
been found within the project footprint, there is no danger that they may be
damaged in the course of construction. All trees with medicinal value will
remain accessible to the community. The few people who still engage in
traditional forms of worship go deep into the forest, and there is also no
danger of interfering with their activities or destroying their sacred spaces.
However, there are a number of graves within the project footprint close to the
penstock.
There will be no compulsory acquisition of the land, hence farmers will not be
affected apart from few (less than 10) who sold their land to the developer on
a willing buyer - willing seller basis. The following was also observed from the
community settlement area;
 Medicinal patches- These were traditionally found in many places, but

most of them have been lost due to clearing land for cultivation.
Shrines: No religious shrines are still in use. There are reports of
existing spots previously used for this purpose, but all of them are out

of use. No shrines, in use or otherwise, exist in the AOI.
Sacred groves: Many years ago there were many sacred groves used
for a variety of purposes but all those have disappeared now. This was

partly due to land consolidation and loss of use when Christianity was

introduced.
Monuments: there are no monuments that the community considers

important in terms of rites and beliefs.
Cave dwellings: although there are reported caves in the forest, they

are not within the proposed development area.
There are no natural features or sites, geological and physiographical
sites of outstanding cultural value from a historical, aesthetic,
ethnological or anthropological point of view.
Although it is apparent that the project does not pose any danger to existing
objects of cultural importance, it is important that visitors pay attention to
unwritten rules that govern life for this community. No concerns on
interference with ritual or religious functions were mentioned by community
representatives in the public barazas attended or by other residents within the
area.
Geology and Soils
A geology and soil study of the area was undertaken by a Kenyan registered
geologist. Aurecon in its feasibility study of the project also undertook a
geotechnical study. The results of the studies indicate that the project foot
print lies on lithology soil up to 10m and has a underlying Pleistocene lavas
and volcanic rocks. The upper sub-surface geology is vulnerable to the
infiltration in the event of the spillage of contaminants and that in the event of
leakage and of seepage; the regional surface and groundwater is likely to be
contaminated.
 The study found that the construction phase of the proposed NHP may
have potentially adverse impacts on the local soils and geology, due to
the potential spillage of oils and fuels that will be used for machinery

during construction.
The topography of the area is steep and therefore construction activities
can lead to erosion and landslides.
The study recommends installation of soil erosion control measures and

monitoring of the quality of groundwater and surface water during the
construction phase to ensure that the proposed works do not adversely affect
water quantity or quality.
Impact assessment
For the biophysical and social environment, KTL assessed potential

environmental and social impacts associated with the activities envisaged at
the proposed NHP.

Each potential impact was then assessed using the matrix below before and
after applying mitigation measures.
EXTENT MAGNITUDE
Localized (at localized scale and 1 Will have no effect on the environment 0
a few hectares in extent)
Study area (the proposed site and 2 Minor and will not result in an impact 2
its immediate environs) on the existing/baseline natural or
social processes
Regional (County level) 3 Low and will cause a slight impact on 4
natural or social processes
National (Country) 4 Moderate and will result in natural or 6
social processes continuing but in a
modified way
International (Beyond Kenya) 5 High and results in natural or social 8
processes being altered to the extent
that they temporarily cease
Very high and results in complete 10
destruction of patterns and permanent
cessation of natural or social the
processes

DURATION PROBABILITY
Very short (0 – 1 Years) 1 Highly improbable (<20% chance of 1
occurring)
Short (1 – 5 Years) 2 Improbable (20 – 40% chance of 2

occurring)
Medium-term (5 – 15 years) 3 Probable (40% - 70% chance of 3

occurring)
Long-term (>15 years) 4 Highly probable (>70% - 90% chance 4

of occurring)
Permanent 5 Definite (100% chance of occurring) 5
Method used to determine the environmental risk or impact
Consequence is defined as a combination of extent, duration and magnitude

i.e. the values for these three criteria are added. Risk (or impact significance)
is a combination of the consequence and probability, as indicated in the
equation below.
Risk (Significance) = Consequence (Extent + Duration + Magnitude) x

Probability
The resulting significance values determine whether the impact is regarded to

be of low, medium and high significance, as indicated in the tables below.
CONSEQUENCE (Extent+Duration+Magnitude)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
PROBABILITY
2 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40
3 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60
4 4 8 12 16 20 24 28 32 36 40 44 48 52 56 60 64 68 72 76 80
5 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
Significance:
Significance Value Effect on decision-making

Low <30 Where this impact would not have a direct influence on
the decision to develop
Medium 30-60 Where the impact could influence the decision to develop
unless it is effectively mitigated
High >60 Where the impact must have an influence on the decision
process to develop
Based on the above methodology, each potential impact was assessed for its
significance during the construction and operational phases. For adverse
impacts, practical mitigation measures were proposed in order to reduce the

impact to as low as reasonably practical (ALARP). For positive impacts,

enhancements were proposed to promote the impact.
Environment and social management plan
The purpose of the Environmental and Social Management Plan (ESMP) is to

ensure that social and environmental impacts, risks and liabilities identified
during the EIA process are effectively managed during the construction,
operation and closure of the proposed NHP. The ESMP specifies the
mitigation and management measures to which NHPL is committed, and
shows how the project will mobilise organizational capacity and resources to
implement these measures. It also shows how management measures aimed
at mitigation and enhancement will be scheduled.
Best practice principles require that every reasonable effort be made to

reduce and preferably to prevent negative impacts, while enhancing positive
benefits, especially within the communities most directly affected by the
proposed project. These principles have guided the ESIA process. For the
proposed NHP, potential negative impacts will be avoided through careful
design.
The ESMP is a key product of the ESIA process and is generated based on
management and/or mitigation measures that will be taken into consideration
to address impacts during the planning and design, pre-construction and
construction activities, and operations, as necessary.
The ESMP is a living document that will be periodically reviewed and

updated. It may be necessary to update the version presented in this ESIA
Study (See Section 11) during the detailed design phase, prior to the
commencement of construction.
Responsibility for the implementation of the ESMP will reside in the

Environment, Health and Safety (EHS) functions of NHPL, but there will be
links with other functions in areas such as operation and maintenance
services.
Conclusions and recommendations
The proposed NHP is essential for NHPL in order to enable them generate
power using renewable sources of energy. The power generated will be fed
into the national electricity grid through Mitheru power sub-station.
Based on the assessment of impacts, the following conclusions can be made:

 The NHP will enable production of power from the Nithi River, which is
sustainable source of energy. This will assist to meet the Kenyan
government’s aim of boosting electricity supply and thus meeting national
economic and social development goals.
 There are no impacts of such high significance that they should prevent
the project from being implemented.
 The key negative biophysical impacts are:
• Biophysical impacts on the MKFR, including potential impacts on
flora and the movement of African Elephants. There are two
protected species of trees that occurs in the project footprint, but
their distribution is sparse in the affected area, either due to natural
factors or due to illegal harvesting. Therefore, impacts on these
species can be mitigated.
• Elephants have diurnal and seasonal movement patterns in the
affected area, being more abundant in this area between June and
August and from early evening to the morning. This implies that
human-wildlife conflict during construction can be minimised by
scheduling of construction.
 Key positive social impacts of the projects during construction include
the employment opportunities and associated economic benefits, such as
the opportunity for providing goods and services to the contractors.
 Key negative social impacts of the impact during construction include
the potential for increasing social tensions and decreased social cohesion
and increased social pathologies such as STDs.
 A key positive social impact during operation is the improved reliability
of water supply to the Kamwene Water and Sanitation Project, which
supplies water to the communities close to the project
The negative biophysical impacts will be of relatively short duration and,

provided that revegetation commences during and directly after construction,
the forest cover will re-establish within a few years and habitat fragmentation
and visual impacts will be mitigated.
It is concluded that the environmental and social impacts of the proposed

NHP are of such a nature that mitigation will prevent irreversible and long-
term-damage to the biophysical environment. As far as social impacts are
concerned, the key negative impacts are typical of construction projects.
Provided there is adequate and open communication and co-operation with
all stakeholders, these impacts can be mitigated. The negative impacts also
need to be viewed in the context of the improved water supply to the local
community, which is a significant benefit.

Contents
Non-technical Summary ............................................................................................... 2
Overview...................................................................................................................... 2
Project description ....................................................................................................... 2
Public/stakeholder consultation ................................................................................... 3
Specialist studies ......................................................................................................... 3
Key findings of the specialist studies .................................................................................. 3
Impact assessment ...................................................................................................... 6
Environment and social management plan .................................................................. 9
Conclusions and recommendations ............................................................................. 9
Acronyms and abbreviations ..................................................................................... 25
1. Introduction and background ............................................................................... 0
1.1 Project Location ................................................................................................. 0
1.2 Overview of the proposed development ............................................................. 1
1.3 Need and justification for the proposed project .................................................. 2
1.4 IFC Project categorization .................................................................................. 2
1.5 Legal requirements pertaining to the proposed project ...................................... 4
1.5.1 Environment Management and Coordination Act, 1999 ....................................... 4
1.5.2 EMCA EIA Regulations, 2003 ............................................................................. 5
1.5.3 Other legislation affecting the NHP ...................................................................... 6
1.6 Objectives of the ESIA process .......................................................................... 6
1.7 Details of the Firm of Experts ............................................................................. 7
1.8 Approach to the ESIA ......................................................................................... 8
1.9 Structure of the ESIA report ............................................................................. 10
2. Description of the project .................................................................................... 13
2.1 Introduction ...................................................................................................... 13

2.2 Proposed facilities and land requirements ....................................................... 13
2.3 ESIA programme.............................................................................................. 15
2.4 Project alternatives ........................................................................................... 16
2.4.1 Intake weir alternatives .......................................................................................16
2.4.2 Construction material for the low pressure pipeline ............................................18
2.4.3 Low pressure pipeline construction alternatives .................................................18
2.4.4 Buffer tank alternatives .......................................................................................21
2.4.5 Above-ground vs. below ground penstock alignment..........................................21
2.4.6 Penstock routes and power station positions ......................................................21
2.5 The do-nothing alternative ............................................................................... 24
2.6 Main project activities ....................................................................................... 24
2.7 Overview .......................................................................................................... 24
2.8 Acquisition of Permits/approvals ...................................................................... 25
2.9 Construction phase .......................................................................................... 26
2.10 Operational phase......................................................................................... 27
2.11 Decommissioning phase ............................................................................... 27
2.12 Description of the Project components ......................................................... 29
2.12.1 Intake structure ..................................................................................................29
2.12.2 De-sanding structure ..........................................................................................29
2.12.3 Low pressure pipeline ........................................................................................30
2.12.4 Buffer tank ..........................................................................................................30
2.12.5 Penstock ............................................................................................................31
2.12.6 Powerhouse .......................................................................................................32
2.12.7 Transmission line ...............................................................................................33
3. Relevant legislation and ESIA process .............................................................. 34
3.1 Constitution of Kenya, 2010 ............................................................................. 34

3.2 Environmental policy framework ...................................................................... 35
3.2.1 National Environmental Policy, 2013 ..................................................................35
3.2.2 National Water Policy, 2012 ...............................................................................35
3.2.3 Fisheries Policy, 2005 ........................................................................................36
3.2.4 National Energy Policy 2004 (Revised, 2012).....................................................36
3.2.5 Kenya’s Least Cost Power Development Plan 2011-2030 ..................................37
3.2.6 National Environment Action Plan (NEAP) 2007 ................................................37
3.3 Environment Management and Coordination Act ............................................. 38
3.3.1 L.N. 101: EIA/EA Regulations 2003....................................................................38
3.3.2 L.N. 120: Water Quality Regulations, 2006 .........................................................38
3.3.3 L.N. 121: Waste Management Regulations, 2006 ..............................................39
3.3.4 L.N. 61: Noise and Excessive Vibration Control Regulations, 2009 ....................40
3.3.5 Licenses and permits required under the EMCA ................................................41
3.4 Occupational Safety and Health Act, 2007 ....................................................... 42
3.4.1 L.N. 31: The Safety and Health Committee Rules, 2004 ....................................44
3.4.2 L.N. 24: Medical Examination Rules, 2005 .........................................................44
3.4.3 L.N. 25: Noise Prevention and Control Rules, 2005............................................45
3.4.4 L.N. 59: Fire Risk Reduction Rules, 2007 ...........................................................46
3.5 Public Health Act, Cap 242 .............................................................................. 47
3.6 Water Act, 2002 ............................................................................................... 47
3.7 Wildlife Conservation and Management Act, Cap 376, 2013 ........................... 49
3.8 The Forest Act, 2005 ........................................................................................ 49
3.9 Energy Act, revised 2012 ................................................................................. 50
3.10 The Way Leaves Act Cap 292 ...................................................................... 51
3.11 The Land Acquisition Act, Chapter 295 Laws of Kenya, 2012 ...................... 51
3.12 International standards and guidelines ......................................................... 52

3.12.1 IFC Performance Standards ...............................................................................52
3.12.2 IUCN Advice Note on EIA...................................................................................55
3.12.3 International protocols, agreements and treaties ................................................56
4. Approach to undertaking the ESIA Study .......................................................... 59
4.1 Objectives of the ESIA ..................................................................................... 59
4.2 Approach to the ESIA ....................................................................................... 59
4.3 Scoping ............................................................................................................ 60
4.4 Baseline Data Collection .................................................................................. 60
4.5 Public/stakeholder engagement ....................................................................... 61
4.6 Key issues raised during stakeholder consultations ......................................... 61
4.7 Impact Assessment .......................................................................................... 62
4.8 Mitigation .......................................................................................................... 62
4.9 Environment and Social Management Plan (ESMP) ........................................ 63
4.10 Reporting and Disclosure .............................................................................. 63
5. Assumptions, limitations and gaps in knowledge ............................................ 65
5.1 Assumptions..................................................................................................... 65
5.2 Limitations ........................................................................................................ 66
5.3 Gaps ................................................................................................................ 66
6. Public/stakeholder consultation process .......................................................... 68
6.1 Identification of interested and affected persons .............................................. 68
6.2 Notification of the project .................................................................................. 71
6.3 Background Information Document .................................................................. 71
6.4 Public meetings ................................................................................................ 71
6.5 Submission of final EPR ................................................................................... 72
6.6 Submission and Approval TOR ........................................................................ 73
6.7 Summary of comments and responses ............................................................ 73

7. Description of the affected baseline environment ............................................ 79
7.1 Site location and surrounding land use ............................................................ 79
7.2 Biophysical environment .................................................................................. 79
7.2.1 Physiography .....................................................................................................79
7.2.2 Climate ...............................................................................................................80
7.2.3 Geology and soils ...............................................................................................82
7.2.4 Hydrology ...........................................................................................................83
7.2.5 Biological Environment .......................................................................................87
7.2.6 Species of Conservation importance ..................................................................97
7.3 Socio-economic profile ................................................................................... 100
7.4 Tharaka Nithi County profile ........................................................................... 102
7.4.1 Geographic context ..........................................................................................102
7.4.2 Administration ..................................................................................................102
7.4.3 Population Density and Distribution ..................................................................104
7.5 Land and land use .......................................................................................... 105
7.6 Infrastructure and services ............................................................................. 107
7.6.1 Housing ............................................................................................................107
7.6.2 Transport..........................................................................................................108
7.6.3 Posts and Telecommunications ........................................................................109
7.6.4 Water ...............................................................................................................109
7.7 Health and sanitation ..................................................................................... 112
7.8 Education and Literacy ................................................................................... 115
7.9 Economic activities and employment ............................................................. 116
7.9.1 Employment .....................................................................................................119
7.9.2 Coffee factory ...................................................................................................121
7.9.3 Tea buying centres ...........................................................................................121

7.9.4 Tourism ............................................................................................................122
7.9.5 Mining ..............................................................................................................122
7.9.6 Forestry and Agro-forestry................................................................................123
7.10 Energy ........................................................................................................ 123
7.11 Community structures ................................................................................. 124
7.11.1 Cooperative societies .......................................................................................124
7.11.2 Community-based organisations/non state actors ............................................125
7.11.3 Youth groups ....................................................................................................126
7.11.4 Self Help Groups ..............................................................................................126
7.12 Religion and traditional culture .................................................................... 128
8. Significance of the Mount Kenya World Heritage Site (MKWHS) ................... 131
8.1 Introduction .................................................................................................... 131
8.2 Significance of the MKWHS ........................................................................... 134
8.2.1 Criteria(vii) Superlative natural phenomena or natural beauty and aesthetic

importance: .....................................................................................................................134
8.2.2 Criteria (ix): Ecosystems / communities and ecological / biological processes..134
8.2.3 Integrity ............................................................................................................135
8.2.4 Protection and management ............................................................................136
9. Assessment of potential impacts ..................................................................... 138
9.1 Introduction .................................................................................................... 138
9.2 Methodology................................................................................................... 138
9.2.1 Identification of environmental and social aspects and impacts ........................138
9.2.2 Description of aspects and impacts ..................................................................139
9.2.3 Method of assessing the significance of impacts ..............................................142
9.2.4 Significance determination ...............................................................................142
9.3 Biophysical impacts ........................................................................................ 144
9.3.1 Sedimentation and erosion ...............................................................................144

9.3.2 Water Quality impacts ......................................................................................145
9.3.3 Hydrology and hydro-geological impacts ..........................................................147
9.3.4 Air quality impacts ............................................................................................148
9.3.5 Poaching and logging during construction ........................................................149
9.3.6 Impacts on terrestrial flora ................................................................................151
9.3.7 Habitat fragmentation and changing forest species composition ......................153
9.3.8 Impacts on terrestrial fauna ..............................................................................156
9.3.9 Impacts on freshwater ecology .........................................................................158
9.3.10 Pollution of soil and ground water.....................................................................162
9.3.11 Pollution due to incorrect handling of solid waste .............................................163
9.3.12 Landslides ........................................................................................................164
9.4 Social Impacts ................................................................................................ 166
9.4.1 Social impacts during construction ...................................................................166
a) Creation of temporary employment opportunities .............................................166
b) Transfer of skills ...............................................................................................168
c) Business opportunities .....................................................................................170
d) Impacts associated with the upgrading of the access roads .............................171
e) Impacts on social cohesion and integration ......................................................172
f) Health and safety impacts ................................................................................175
g) Noise and vibration impacts .............................................................................176
h) Impact on social pathologies, including the spread of HIV/AIDS .......................177
i) Possible interruption of existing community water supply .................................179
9.4.2 Social impacts during operation........................................................................180
a) Permanent employment opportunities ..............................................................181
b) Business and investment opportunities ............................................................182
c) Improved reliability of water supply to the community .......................................183
d) Visual Impacts on the landscape ......................................................................184

e) Reduced economic activity after construction ...................................................186
f) Loss of archeological and cultural heritage resources ......................................187
9.5 Optimisation of positive social impacts ........................................................... 189
9.5.1 Social investment opportunities ........................................................................189
9.5.2 Community Development Plan (CDP) ..............................................................190
9.6 Impacts on the MKWHS ................................................................................. 196
9.7 Cumulative impacts ........................................................................................ 201
10. Environmental and social management plan ................................................ 203
10.1 Objectives of the ESMP .............................................................................. 203
10.2 ESMP roles and responsibilities ................................................................. 204
10.2.1 Project Manager ...............................................................................................204
10.2.2 Environmental Manager ...................................................................................205
10.2.3 NHPL’s Contractor ...........................................................................................205
10.2.4 Environmental management responsibilities.....................................................206
10.3 Environmental monitoring ........................................................................... 209
10.3.1 Compliance with the ESMP and associated documentation .............................209
10.3.2 Training and Awareness ...................................................................................209
10.4 ESMP requirements for the pre-construction phase ................................... 210
10.5 ESMP requirements for the construction phase .......................................... 211
10.5.1 Site preparation ................................................................................................211
10.5.2 Establishment of the construction materials yards ............................................211
11. Conclusions and recommendations .............................................................. 235
12. References ....................................................................................................... 238

List of Tables
Table 1: Approximate location of project components ..................................................... 1
Table 2: The four IFC categories of project classification ................................................ 3
Table 3: Table showing timing of the ESIA Study for Phase 1 activities........................ 15
Table 4: Matrix of alternatives/permutations .................................................................. 24
Table 5 : Maximum permissible noise levels - construction phase ................................ 40
Table 6: Maximum permissible noise levels - operational phase .................................. 41
Table 7: Summary of applicability of IFC performance standards ................................. 54
Table 8: International environmental agreements relevant to Kenya ............................ 56
Table 9: International Labour Organisation (ILO) fundamental and other conventions . 58
Table 10: Table showing meeting dates venues and stakeholders ............................... 72
Table 11: Summary of Issues and responses during the stakeholder consultations ..... 73
Table 12: Flow characteristics at the downstream flow gauge on the Nithi River .......... 84
Table 13: Water quality analysis results ........................................................................ 86
Table 14: Area and administrative units by Sub County .............................................. 104
Table 15: Population distribution and density by constituency .................................... 104
Table 15: Significance Assessment Matrix .................................................................. 142
Table 17: Mitigation Ratings Table .............................................................................. 143
Table 18: Rating of sedimentation and erosion impacts .............................................. 144
Table 19: Rating of water quality impacts .................................................................... 146
Table 20: Rating of hydrological and geo-hydrological impacts .................................. 148
Table 21: Rating of air quality impacts ........................................................................ 149
Table 22: Rating of impact – poaching and logging during construction ..................... 150
Table 23: Rating of impact on terrestrial flora .............................................................. 152
Table 24: Rating of impact – habitat fragmentation and changing forest species
composition ................................................................................................................. 155

Table 25: Rating of impact on terrestrial fauna ............................................................ 157
Table 26: Rating of impact on aquatic ecology ............................................................ 160
Table 27: Rating of construction phase impact - pollution of soil and groundwater ..... 162
Table 28: Rating of impact - incorrect handling of waste ............................................. 163
Table 29: Rating of construction phase impact- Landslides ........................................ 165
Table 30: Rating of construction phase impact- creation of temporary employment

opportunities ................................................................................................................ 167
Table 31: Rating of construction phase impact- transfer of skills ................................ 169
Table 32: Rating of construction phase impact- business opportunities ...................... 170
Table 33: Construction phase impact- upgrading of the access roads ........................ 172
Table 34: Rating of construction phase impact: social cohesion and integration ........ 174
Table 35: Rating of construction phase impact- health and safety .............................. 175
Table 36: Construction phase impacts-noise and vibration ......................................... 176
Table 37: Construction phase impact-social pathologies including spread of HIV/AIDS

.................................................................................................................................... 178
Table 38: Construction phase impact- community water infrastructure ....................... 179
Table 39: Rating of operation phase impact- creation of permanent employment

opportunities ................................................................................................................ 181
Table 40: Rating of construction phase impact- business and investment opportunities
.................................................................................................................................... 182
Table 41: Rating of operation phase impact- improved reliability of water supply to the
community ................................................................................................................... 183
Table 42: Rating of operation phase impact- visual impact on the landscape ............. 185
Table 43: Rating of operation phase impact-reduced economic activity...................... 186
Table 44: Rating of operation phase impact - Loss of Archeological and cultural heritage
resources .................................................................................................................... 187
Table 45: List of CBOs in the project area................................................................... 191
Table 46: Assessment of impacts of the NHP against WHS criteria............................ 198

Table 47: Rating of cumulative impacts ....................................................................... 202
Table 48: Proposed ESMP for the NHP ...................................................................... 212

List of Figures
Figure 1: EIA process ...................................................................................................... 9
Figure 2: Locality of the proposed NHP......................................................................... 14
Figure 3: View of the existing community weir looking upstream along the Nithi River.
Pipelines for the existing community–based Kamwene Water supply scheme are visible
in the foreground. .......................................................................................................... 16
Figure 4: View of Intake (B) looking north across the Nithi River .................................. 17
Figure 5: Typical section of trenched pipeline conveyance ........................................... 19
Figure 6: Typical section of buried pipeline conveyance ............................................... 20
Figure 7: Photo of a “bobcat” machine, showing its small size ...................................... 20
Figure 8: Map showing various penstock and power station options under consideration
...................................................................................................................................... 22
Figure 9: Photo of a Tyrolean weir ................................................................................ 29
Figure 10: Isometric illustration of the proposed desanding structure ........................... 30
Figure 11 : Isometric illustration of the preferred buffer tank design .............................. 31
Figure 12: Isometric illustration of a typical power station design .................................. 33
Figure 13: The Environmental Impact Assessment Process ......................................... 64
Figure 14: Transmission line options and substation in relation to the power station
location .......................................................................................................................... 70
Figure 15: Average monthly rainfall (mm) from three weather stations near the project
site................................................................................................................................. 81
Figure 16: Chuka region climatic map showing the variation of climatic zones with
altitude and location of weather stations ....................................................................... 82
Figure 17: The Nithi Catchment area upstream of the proposed power house ............. 84
Figure 18: Ecological survey points used during fieldwork in the project area .............. 88
Figure 19: A graph showing the distribution of plants within the AoI ............................. 90
Figure 20: A graph showing the distribution of birds within the AoI ............................... 91
Figure 21: Elephant spurs observed on the tracks ........................................................ 92

Figure 22: “Omunyamu” Tree bark peeled by elephants ............................................... 92
Figure 23: Amphilius uranoscopus caught in the Nithi River ......................................... 95
Figure 24:Top of the waterfall in the Nithi River close to the powerhouse ..................... 95
Figure 25: A graph showing the distribution of butterflies within the AoI ....................... 96
Figure 26: Achatina sp.Figure 27: Snail (Indet2) ........................................................... 96
Figure 28: Neptis sp. .................................................................................................... 97
Figure 29: Leptotis pirithous? ........................................................................................ 97
Figure 30: Villages in the project area ......................................................................... 101
Figure 31: Muthenge town centre, about 4 km from the forest edge ............................ 106
Figure 32: A typical dwelling in the project area .......................................................... 108
Figure 33: Boda boda (motorcycle) transport commonly used by the community ....... 109
Figure 34: The water tank for the Kamwene Water and Sanitation Project ................. 111
Figure 35: Leaking pipe of the Kamwene Water and Sanitation Project ..................... 111
Figure 36: Kini Health Centre ...................................................................................... 113
Figure 37: Minugu Mission clinic ................................................................................. 113
Figure 38: Disease prevalence in the area .................................................................. 114
Figure 39: Kiirigu is one of the private dispensaries near the project site.................... 114
Figure 41: Mountain Academy is one of the private schools in the project area .......... 116
Figure 42: Kiini High School is one of the public schools found in the project area ..... 116
Figure 43: Business enterprise .................................................................................... 118
Figure 44: Business location ....................................................................................... 118
Figure 45: A retail shops in the town center selling fast moving consumer goods ...... 119
Figure 46: grocery store among the businesses in the project area ............................ 119
Figure 47: Tungu is one of the 5 quarries in the project area ..................................... 120
Figure 48: Bwee Coffee Factory in the project area .................................................... 121
Figure 49: Mitheru Tea buying centres in the project area .......................................... 122

Figure 50: Firewood ready for sale along the roadside in the project area ................. 124
Figure 51: Mitheru farmers’ cooperative society ......................................................... 125
Figure 52: Social networks of the household members ............................................... 128
Figure 53: A signboard to one of the churches in the project area ............................. 129
Figure 54: A traditional shrine used for special prayers .............................................. 130
Figure 55: The NHP in relation to World Heritage Site boundaries (Source: GIS
department, KWS headquarters, Nairobi. Issued by Dr Njogu, then Head of
Conservation). ............................................................................................................. 133
Figure 56: A gap in the forest canopy in the Nithi River valley along the proposed low
pressure pipeline route caused by the falling of a large canopy tree ........................... 154
Figure 57: View of a typical “Tyrolean weir” design, which fills up with rock on the
downstream side ......................................................................................................... 160
Figure 58: Organizational reporting chart (construction phase) ................................... 207
Figure 59: Organizational reporting chart (operational phase) .................................... 208

Acronyms and abbreviations
BS British Standard
CAAC Catchment Area Advisory Committee
CAPEX Capital Expenditure
CBO Community-based Organisation
CFA Community Forest Association
DHP Designated health practitioner
DOSHS Directorate of Occupational Safety and Health Services
EHS Environment, Health & Safety
EMCA Environment Management and Coordination Act
EPR Environmental Project Report
ERC Energy Regulatory Commission
ESIA Environmental and Social Impact Assessment
ESS Environmental and Social Sustainability
FIM Frontier Investment Management
FIT Feed-in-Tariffs
GOK Government of Kenya
GWh Gigawatt hour
ha Hectares
HV High Voltage
IFC International Finance Cooperation
I&AP Interested and affected party
IPP Independent Power Producer
IUCN International Union for Conservation of Nature and Natural
Resources
IWRM Integrated Water Resource Management
JSA Job Safety Analysis
KFS Kenya Forest Service
KNBS Kenya National Bureau of Statistics
KP Kenya Power
KPLC kenya Power and Lighting Company
KS Kenya Standards
KTDA Kenya Tea Development Agency
KTL Kurrent Technologies Limited
KURA Kenya Urban Roads Authority
kV Kilovolts
KWS Kenya Wildlife Service
LCPDP Least Cost Power Development Plan
LN Legal Notice
masl meters above sea level
mamsl Meters above mean sea level
MKE Mount Kenya Ecosystem
MKEPP Mount Kenya East Pilot Project

MKFR Mount Kenya Forest Reserve

MKWHS Mount Kenya World Heritage Site
MOA Ministry of Agriculture
MOE Ministry of Energy
MPa Mega Pascal
MSDS Material Safety Data Sheet
MW Megawatt
NE North east
NEMA National Environment Management Authority
NHP Nithi Hydro Power
NHPL Nithi Hydro Power Limited
NMK National Museum of Kenya
OPEX Operational Expenditure
OSHA Occupational Safety and Health Act
OTL Overhead Transmission Line
OUV Outstanding Universal Value
PAP Project Affected Person
PPE Personal Protective Equipment
PS Performance Standard
PVC Polyvinyl Chloride
RAP Resettlement Action Plan
S&H Safety and Health
SPSS Statistical Package for Social Science
SPV Special Purpose Vehicle
STD Sexually Transmitted Disease
TL Transmission Line
UNDP United Nations Development Programme
UNEP United Nations Environmental Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
WRMA Water Resource Management Authority
WRUA Water Resources Users Association
WSSP Water Sector Strategic Plan

1. Introduction and background
The vision of the Ministry of Energy and petroleum in Kenya is to provide

affordable quality energy for all Kenyans and its mission is to facilitate the
provision of clean, sustainable, affordable, competitive, reliable and secure
energy services at least cost while protecting the environment (National
Energy and Petroleum Policy– Jan 2015). Subsequently this policy identifies
green energy as the only source of energy that can supply current energy
needs and those of future generations in a sustainable way if effectively
harnessed through careful planning and advanced technology. In addition,
green energy has the potential to enhance energy security, mitigate climate
change, generate income, create employment and generate foreign exchange
savings.
According to the Energy and Petroleum Policy (Jan 2015), it is anticipated

that electricity demand will rise sharply as new county governments take
shape and numerous energy-intensive economic activities such as mining,
production of iron and steel products from local iron ore deposits, agro-based
industries and other energy-intensiver activities are established. These
activities are expected to transform the economy and therefore a roadmap to
increase the installed generation capacity from 2173 MW as at December
2014 to 6,762MW by 2017 has been proposed and is being implemented with
a core intention of providing affordable electricity. Through this plan, the
generation cost is projected to reduce from US¢ 11.30 to US¢ 7.41, while
indicative end-user tariffs are projected to reduce from US¢ 14.14 to US¢ 9
for commercial/industrial customers and from US¢ 19.78 to 10.45 for
domestic customers. The proposed capacity increase will be developed from
a mix of sources including geothermal, natural gas, wind, hydropower and
coal through IPPs under the PPP framework.
The developers of these power plants will be expected to negotiate and

execute power purchase agreements with Kenya Power and Lighting
Company (KPLC), which shall remain the single buyer during the project
period. The government of Kenya has in this course created a platform to
entice investors in the energy sector, FIM being one of them.
1.1 Project Location
FIM expressed an interest in generating hydropower and was granted a

concession on a portion of the Nithi River by the GoK to establish a
hydropower plant. It is proposed that the components of the project will be
constructed on the southern bank of the Nithi River on the lower slopes of the
eastern side of Mount Kenya. The upper portion of the development will be
located within the Mount Kenya Forest Reserve (MKFR) and the lower portion
within a farming zone outside the boundary of the MKFR. Power will be
evacuated using an overhead transmission line to the nearest substation,
located approximately 10 km from the project site.
The NHP scheme will involve construction of the following structures:
• An intake weir;
• A low pressure pipeline, which will follow the contour;
• A de-sanding structure;
• A buffer tank;
• A penstock (high-pressure pipeline); and
• A power station and transmission line.
Aurecon has considered the most viable locations for the various project
structures. The coordinates for the possible structure sites is as summarised
in the Table 1 below. It must be noted that these locations are approximate,
as the locations differ between alternative layouts
Table 1: Approximate location of project components
Structure Latitude Longitude Elevation

0 16’03.2” S 37 34’05.7” E
o o
Intake A 1682 masl
0 16’09.4” S 37 34’13.3” E
o o
Intake B 1676 masl
0 16’54.0” S 37 36’07.3” E
o o
Buffer Tank 1675 masl
0 16’53.2” S 37 36’28.0” E
o o
Power Station A 1410 masl
0 16’57.0” S 37 36’33.0” E
o o
Power Station B 1397 masl
1.2 Overview of the proposed development
The proposed project will be developed under NHPL, a Special Purpose

Vehicle (SPV) owned by FIM Africa Limited. The proposed NHP will have an
installed capacity of 5MW, with an expected annual energy output of 22 GWh.
This will involve harnessing the hydropower potential of the Nithi River at a
location approximately 5 km inside the Mount Kenya Forest Reserve. The
water will be discharged through a conveyance system consisting of a 3km
long, 1.5 m diameter low pressure pipe and a mild steel penstock of
approximately 1 km long to run the turbine located in a power house. The
power generated by the plant will be stepped up to 33 kV and transmitted
approximately 10 km to connect to the existing 33 kV line at the existing
Marima substation in Mitheru.

1.3 Need and justification for the proposed project
The proposed NHP is in line with Kenya Vision 2030, which identifies energy
and electricity as a key element of Kenya’s sustained economic growth and
transformation. The country aims at enhancing and diversifying national
power generation by identifying new and “environmentally friendly” generation
sources. The existing generation capacity is barely able to keep up with
demand. Given that more than 50% of Kenya’s electricity comes from large
hydropower plants, the situation is particularly difficult during the dry months,
when water levels in the dams are low. Capacity gaps are then compensated
by expensive thermal generation based on fossil fuels.
Increasing economic activities and a rising national population lead to a

higher domestic energy demand in Kenya, which is mostly satisfied by
imports of foreign energy. The high cost of energy imports significantly slows
economic growth in the country. Imported crude petroleum, for instance,
accounts for about 25% of the national import bill. The problem of high energy
costs is supplemented by the unreliability of energy supply infrastructure. On
average, Kenyan companies lose nearly 10% of their production because of
power outages and fluctuations. Sustainable, affordable and reliable domestic
energy for all citizens is, therefore, a priority in national policy.
Small hydro potential is estimated at 3,000 MW, of which it is estimated that

less than 30 MW has been exploited and only 15.3 MW is currently supplied
to the national grid. Run-of-river small hydro projects such as the NHP
provide an ideal solution to the energy demand in the country owing to the
fact that they don’t rely on huge water reservoirs that are prone to water level
fluctuations and they have marginal environmental impacts compared to fossil
fuel-based power generation (Gaul, et al., 2010).
1.4 IFC Project categorization
The Policy on Environmental and Social Sustainability of the International

Finance Corporation (IFC) (IFC, 2012) requires initial screening and
categorization of each proposed project to determine the appropriate extent
and type of environmental assessment needed. The resulting category also
specifies IFC’s institutional requirements for disclosure in accordance with
IFC’s access to information policy. Projects can be placed into one of four
categories, depending on the type, location, sensitivity, and scale of the
project, as well as the nature and magnitude of its potential environmental
impacts. The different categories are listed in Table 2.

Table 2: The four IFC categories of project classification
Category Description
Category A Business activities with potential significant adverse
environmental or social risks and/or impacts that are diverse,
irreversible, or unprecedented.
Category B Business activities with potential limited adverse

environmental or social risks and/or impacts that are few in
number, generally site-specific, largely reversible, and
readily addressed through mitigation measures.
Category C Business activities with minimal or no adverse environmental

or social risks and/or impacts.
Category FI Business activities involving investments in FIs or through

delivery mechanisms involving financial intermediation. This
category is not applicable to the Project being considered
here.
The NHP has the potential to cause adverse environmental or social risks
and/or impacts that are few in number, generally site-specific, largely
reversible, and readily addressed through mitigation measures. Therefore this
project is considered to be a Category B project. It is considered feasible to
mitigate and manage the majority of impacts associated with the project
through appropriate environmental and social management together with the
monitoring to be specified in the ESMP and related plans that will be the
outcome of this ESIA process.

1.5 Legal requirements pertaining to the proposed project
The environmental legislation that is applicable to the authorisation of the

proposed NHP is summarised below.
1.5.1 Environment Management and Coordination Act, 1999

The Environment Management and Coordination Act, 1999 (EMCA) is
framework legislation for management and coordination of environmental
issues in Kenya. Part II of the Act establishes a set of General Principles that
apply to all activities within Kenya that may significantly affect the
environment. The general principles include the following:
a) Every person in Kenya is entitled to a clean and healthy environment and

had the duty to safeguard and enhance the environment;
b) The entitlement to a clean and healthy environment includes access by
any person in Kenya to various public elements or segments of the
environment for recreational, educational, health, spiritual and cultural
purposes;
c) If a person alleges that the entitlement of a clean and healthy environment
has been, is being or is likely to be contravened in relation to him, then
that person may apply to the High Court for redress and the High Court
may take such orders, issue such writs or give such directions as it may
deem appropriate to remedy the situation.
Section 58(1) of the Act states:
“Notwithstanding any approval, permit or license granted under this Act or any
other law in force in Kenya, any person, being a proponent of a project, shall,
before financing, commencing, proceeding with, carried out, executing or
conducting or causing to be financed, commenced, proceeded with, carried
out, executed or conducted by another person any undertaking specified in
the Second Schedule to this Act, submit a project report to the Authority, in
the prescribed form, giving the prescribed information and which shall be
accompanied by the prescribed fee.”
The Second Schedule of the Act states that an ESIA Study is required for
among others, the following types of activities:
 An activity out of character with its surrounding;

 Any structure of a scale not in keeping with its surrounding;
 Major changes in land use.

Legal requirements for this project
The proposed NHP may be characterised as an activity out of character with

its surrounding and therefore an ESIA Study is mandatory. Subsequently,
NHPL is obliged to comply with the principles set out in the EMCA and its
subsidiary legislation and specifically Section 58(1) of the Act.
1.5.2 EMCA EIA Regulations, 2003

Section 147 of the EMCA empowers the Minister in charge of environmental
affairs in Kenya to promulgate regulations to give effect to the provisions of
the Act based on recommendations from NEMA and consultation with
relevant lead agencies.
In 2003, the Minister in charge of Environment promulgated EIA regulations to

operationalize Part IV – Environment Impact Assessment and Part V –
Environmental Audit and Monitoring of the EMCA. These regulations were
titled Legal Notice 101: Environment (Impact Assessment and Audit)
Regulations, 2003.
These regulations lay out the process to be followed for undertaking an ESIA
of a project. The regulations contain the requirements for an Environmental
Project Report (EPR), public consultation, detailed environmental
assessment, etc.
The regulations stipulate that:
 Public participation must be undertaken at various stages of the

assessment process;
 The assessment must be conducted by a NEMA registered Firm of
Experts or Lead Expert;
 The relevant authorities respond to applications and submissions within
stipulated time frames; and
 The proponent or any other interested and affected party can appeal
decisions taken by NEMA.
Legal requirements for this project
The proposed NHP invokes activities in terms of the EIA Regulations 2003
and as such is subject to an EPR Study and ESIA process in accordance with
stipulated procedures stipulated in the regulations, prior to commencing the
construction work.

These activities include:
 Ecology- Construction activities with a potential to impact biological

diversity and natural ecosystem of MKFR, which is a gazetted
conservation area.
 Water - Construction and operation phases that can potentially affect
the water quality and environmental flow of Nithi River;
 Landscape- Change of land use and compatibility wth surrounding
areas;
 Social - Construction and operation activities with social economic
impacts such as population influx, economic impacts and effect on
culture.
1.5.3 Other legislation affecting the NHP

Other pieces of legislation that affect the proposed NHP are discussed in
Section 3 of this report. Some of them include:
 The Constitution of Kenya, 2010;

 The Occupational Safety and Health Act, 2007 and its subsidiary
legislation;
 The Public Health Act, 2012; and
 National Museums & Heritage Act, 2006 - Cap 216.
1.6 Objectives of the ESIA process
The EPR Study phase is used to identify those elements of the bio-physical
and social environment that are most likely going to be affected by a
proposed activity. This enables a Firm of Experts to focus on those elements
of relevance that need to be studied during the detailed environmental
assessment phase including defining the extent of studies required.
For the NHP, this was achieved through an evaluation of the proposed project
in order to identify and assess potential environmental impacts. The scoping
phase included inputs from NHPL, Aurecon (the project engineer), specialists
from the Kenya Wildlife Service (KWS), KFS and the National Museum of
Kenya (NMK) and public/stakeholder consultation with key stakeholders that
included national and county governments, politicians from Tharaka Nithi
County constituencies and interested and affected parties (I&APs).
The detailed environmental assessment addresses those identified potential

negative and positive environmental and social impacts associated with all

phases of the project including design, construction, operation and

decommissioning, and recommends appropriate mitigation measures for
potentially significant environmental and social impacts. The ESIA report aims
to provide the environmental authorities with sufficient information to make an
informed decision regarding the proposed project.
The release of the ESIA report provides stakeholders with an opportunity to

verify issues that they have raised through the ESIA process to ensure that
they have been correctly captured and adequately considered. The ESIA will
go through an iterative process to address the comments and concerns of all
stakeholders and once satisfied, NEMA will be requested to make a decision
on ther licensing of the project.
1.7 Details of the Firm of Experts
Kurrent Technologies Ltd. (KTL) has been appointed by Aurecon as the

independent consultant to undertake the ESIA process required in terms of
the EMCA and its subsidiary legislation.
Kurrent Technologies Ltd. (KTL) is a leading integrated Engineering, Health,

Safety, Social, Environment and Training consulting company in East and
Central Africa. The company was established in December 2001 and
consistently provides professional consulting services to the energy and
manufacturing sectors.
KTL prides itself in delivering end-to-end solutions to its clients in a cost-

effective manner through a combination of advanced technologies, proven
processes and outstanding personnel. The firm has completed more than 200
assignments including the engineering design and project management of
several petroleum terminals and depots, service stations and LPG plants.
KTL has successfully completed several large EIA studies in the energy
sector for projects associated with wind energy, solar energy, petroleum
exploration, petroleum pipelines, bulk petroleum storage and petroleum retail
facilities.
The company’s independence is ensured by the fact that it does not hold
equity in any project, nor do any of its its staff or associates serve as directors
in any company to whom consultancy services are provided. This enables our
staff and associates to provide clients with conflict-free advice and objective
support on critical issues.
KTL works in accordance with the Equator Principles and has met the
requirements of projects that are funded by:

 The World Bank Group (WBG), which the includes International Finance
Corporation (IFC); and
 The African Development Bank (AfDB).
1.8 Approach to the ESIA
The ESIA Study has been guided by the requirements of the EIA Regulations
in Kenya, the International Finance Corporation’s (IFC’s) environmental and
social performance standards and IUCN World Heritage Advice Note on
Environmental Assessment (IUCN, 2013).
The ESIA phase consists of two phases, namely scoping and detailed
assessment as shown in Figure 1. The overall aim of the scoping phase was
to determine whether there are environmental issues and impacts that require
further investigation in an ESIA. More specifically, the objectives of the
scoping phase were to:
 Develop a common understanding of the proposed project with the

authorities and I&APs;
 Identify stakeholders and notify them of the proposed activity, alternatives
and processes;
 Provide stakeholders with the opportunity to participate in the process and
identify issues and concerns associated with the proposed activity;
 Identify potential environmental impacts that will require further study in
the impact assessment phase of the EIA process; and
 Develop terms of reference for the studies that will be conducted in the
impact assessment phase.

Figure 1: EIA process
The activities that have been conducted so far as part of the ESIA are as
follows:
 Presentation of the project to the Tharaka Nithi County Leadership in

county headquarters in order to solicit their comments about the
project;
 Presentation of the project to the lead agencies in Chuka in order to
seek their comments about the project;

 Preparation of an EPR for submission to NEMA and other lead

agencies for review, comments and approval;
 Conducting public meetings at the project site. The public meetings
included focus group discussions to enable informed consultation and
participation;
 Stakeholder consultation with KWS, KFS, the Water Resources
Management Agency (WRMA), NEMA and Non-Governmental
Organisations (NGOs) within the project area;
1.9 Structure of the ESIA report
This ESIA report has been undertaken in accordance with the requirements of
Rule 18(1) of the Kenyan EIA Regulations 2003, which describes the content
of an ESIA. This report incorporates the information as required in Rule 18(1)
namely:
 The proposed location of the project;

 A concise description of the national environmental legislative and
regulatory framework, baseline information, and any other relevant
information related to the project;
 The objectives of the project;
 The technology, procedures and processes to be used, in the
implementation of the project;
 The materials to be used in the construction and implementation of the
project;
 The products, by-products and waste generated project;
 A description of the potentially affected environment;
 The environmental effects of the project including the social and
cultural effects and the direct, indirect, cumulative, irreversible, short
term and long-term effects anticipated;
 Alternative technologies and processes available and reasons for
preferring the chosen technology and processes;
 Analysis of alternatives including project site, design and technologies
and reasons for preferring the proposed site, design and technologies;
 An environmental management plan proposing the measures for
eliminating, minimizing or mitigating adverse impacts on the
environment including the cost, time frame and responsibility to
implement the measures;

 Provision of an action plan for the prevention and management of

foreseeable accidents and hazardous activities in the cause of carrying
out activities or major industrial and other development projects;
 The measures to prevent health hazards and to ensure security in the
working environment for the employees and for the management of
emergencies;
 An identification of gaps in knowledge and uncertainties which were
encountered in compiling the information; and
 An economic and social analysis of the project.
The report is divided into thirteen sections namely:
Section 1 Executive Summary
A non-technical summary of the ESIA Study
Section 2 Introduction and background
Introduces the EPR Study and the legal context of the ISB
Section 3 Description of the project
Describes the various elements of and the motivation for

development of the NHP
Section 4 Relevant legislation and ESIA process
A concise description of the national environmental and

legislative framework for the ISB project
Section 5 Public/stakeholder consultation process
Describes the public participation process followed and the

issues and concerns that have been raised by the I&APs
Section 6 Nature of the affected environment
Provides an overview of the affected biophysical and socio-

economic environment in the project area
Section 7 Potential Impacts on the Outstanding Universal Values of

MKWHS
Describes the potential impacts of the project to the Mount

Kenya World Heritage Site (MKWHS)
Section 8 Potential social & environmental impacts

Describes the potential environmental and social impacts

identified through various processes
Section 9 Assessment of environmental impacts
Describes the assessment of environmental and social impacts

associated with the project
Section 10 Environmental and social management plan
Stipulates environmental management guidelines that should

be implemented in the planning, design, pre-construction,
construction and operational stages of the project
Section 11 Conclusions and Recommendations
Concludes and summarises the findings and recommendations

of the ESIA
Section 12 References
Provides references used to compile the report

2. Description of the project
2.1 Introduction
The proposed project would be a run-of-river hydropower scheme with an

estimated maximum capacity of 5 MW of electricity. Run-of-river schemes use
conventional hydropower technology to produce electricity by using the
natural flow and drop in elevation of a river and do not consume water but
instead divert a portion of the flow by bypassing a section of the river. These
schemes divert the flow of water and pass it through turbines that spin
generators. The turbines utilize the kinetic energy from the flowing water to
generate electricity. Run-of-river hydropower schemes provide consistent
clean (non-pollution-generating) renewable energy without the significant
social and environmental costs associated with the other forms of non-
renewable power generation during operation.
Unlike large-scale hydropower schemes, there would be no storage of water

and the power station would thus be subject to seasonal variations in river
flow. Various studies have been undertaken to guide the preliminary design
and assist in siting the elements of the hydropower project and the associated
infrastructure. The aim is to achieve optimum power generation while
minimising environmental impacts.
2.2 Proposed facilities and land requirements
A preliminary layout of the NHP is shown in Figure 2. The NHP will be

constructed in one phase and will consist of the following elements of
infrastructure:
• An intake structure;
• A low pressure pipeline, which will follow the contour;
• A de-sanding structure;
• A buffer tank;
• A penstock (high-pressure pipeline); and
• A power station and transmission line.
The intake structure; low pressure pipeline, de-sanding structure and buffer
tank will be constructed within the MKFR while the penstock and the power
station will be constructed within the farming zone outside the MKFR
boundary.

Figure 2: Locality of the proposed NHP
Penstock
Proposed
weir location
Proposed power
station location
Proposed low Proposed buffer

pressure pipeline tank
route (includes de-
sanding structure)

2.3 ESIA programme
The program shown in Table 3is currently envisaged for the Nithi Hydro
Project.
Table 3: Table showing timing of the ESIA Study for Phase 1 activities
Completed or
Activity planned date Duration
Undertaking ESIA Commenced July 6 months
2014
Submission of EPR to NEMA April 2015
Review and approval of EPR by NEMA June 2015 45 days
Submission of draft Terms of June 2015

Reference for EIA to NEMA
NEMA review and approval of Terms of June 2015 1 week

Reference for EIA
Submission of final ESIA report to June 2015

NEMA
Authority decision August 2015 27-45 days
Detailed planning and design Dec. 2016
Construction phase April 2017 Approx. 14

months
Operational phase August 2018

2.4 Project alternatives
2.4.1 Intake weir alternatives

Intake (A)
Intake (A) site is located at the position of an existing community abstraction

weir, which is used to supply water to the local community, on the Nithi River.
The primary reason for considering the existing community abstraction weir
as an intake site is that this would allow for a diminished impact on the natural
environment than if the intake were positioned at a new site. The existing
footpath offers an already established access way to the site.
Figure 3: View of the existing community weir looking upstream along the Nithi River.
Pipelines for the existing community–based Kamwene Water supply scheme are
visible in the foreground.

Intake (B)
Intake (B) is located approximately 300 m downstream of the existing

community abstraction weir. Positioning of the intake structure downstream of
the community abstraction weir will mean that the existing weir can function
as a silt or rock trap for the proposed intake works. The disadvantage of
locating the intake structure at this position is that the proposed hydropower
scheme would not benefit from the additional gross hydraulic head offered at
Intake (A).
Figure 4: View of Intake (B) looking north across the Nithi River
Locating the intake outside the MFKR
Locating the intake structure outside the forest area was considered as
alternative but it was but found technically unfeasible due to the low hydraulic
head that it would have produced.
Intake (C)
Further intakes outside the forest were also investigated, with the aim of
reducing the ecological impacts of the project. However, these intakes were
found to be technically unfeasible, since the available locations outside the
forest are at a much lower altitude than either intakes (A) or (B). The resultant
loss of hydraulic head would have resulted in a very low production of
electricity, which would make the project unfeasible.

2.4.2 Construction material for the low pressure pipeline

Two alternative materials have been considered for the low pressure pipeline:
mild steel and polyethylene.
Although mild steel is the material usually used for construction of low
pressure pipelines, it was not considered feasible for the Nithi hydropower
scheme for the following reasons:
 High costs associated with the material;

 Heavy weight of the material will require additional lifting and
transportation machinery (e.g. cranes) along the pipeline route. This
will result in the need for a wider access road, thereby increasing the
construction footprint within the MKFR; and
 The heavy weight of the material will decrease factors of safety against
slope failure, which will be a concern due to the steep slopes along the
pipeline route.
A flexible polyethylene pipe is considered feasible and preferable for the

NHP’s low pressure conveyance system for the following reasons:
 Lower costs associated with the material;

 Lighter weight of the material enables it to be transported by manual
labour. The access road does therefore not need to cater for heavy
transport vehicles and lifting equipment;
 Water will be conveyed at low pressure from the intake to the fore bay /
buffer tank structure. A polyethylene pipe will be capable of
withstanding this low internal pressure; and
 The flexibility of the polyethylene pipe will allow for the horizontal
pipeline alignment to be adjusted in order to pass well-established
trees in the forest, thereby avoiding the removal of these trees.
2.4.3 Low pressure pipeline construction alternatives

Two possible arrangements considered for the low pressure pipeline are a
trenched pipeline and buried pipeline, as indicated below:
Trenched pipeline
A trenched pipeline would require a working platform to be excavated into the

slope and then a pipe trench would be excavated into this working platform
for placing of the pipework. The trench will then be backfilled level with the
top of the working platform. The working platform will be used by small

construction machinery and labour for the installation of the pipework. After
backfilling of the trench, the platform will be used as an access road to the
intake works. A typical section of this arrangement is shown in Figure 5
below. This method would result in a very wide construction footprint, as there
would be a wide excavation upslope of the pipeline and spoiling of excavated
material below the excavation, resulting in significant removal of trees and a
possible wide gap in the forest canopy. The ecological impact of such an
alternative would be unacceptable.
Figure 5: Typical section of trenched pipeline conveyance
Buried Pipeline
As for the trenched pipeline, this arrangement would require a working

platform to be excavated into the abutment. The pipework would then be
placed on plinths, which are constructed above the working platform. A low
gabion structure would then be placed adjacent to (downslope of) the pipeline
and the area behind the gabion structure will be backfilled to cover the
pipeline. A road would be constructed on top of the backfill, on top of the
pipeline. This arrangement is shown in Figure 6. During construction of the
pipeline, the working platform will be used to provide access to small
construction machinery (nothing larger than a “bobcat”) and labour. After
construction, the platform above the pipe will be used as an access road to
the intake works. This arrangement would result in a much narrower
construction footprint than a trenched pipeline, since there would be minimal
excavation into the slope above the pipeline route.

Figure 6: Typical section of buried pipeline conveyance
Figure 7: Photo of a “bobcat” machine, showing its small size

2.4.4 Buffer tank alternatives

A concrete buffer tank is considered for all alternatives. However, two
alternative designs were considered.
The first option utilises a roof-less tank, which requires higher side walls to
accommodate the free water surface elevation and surges at the tank. The
second option for the buffer tank would utilise a pressurised circular concrete
structure, which does not require high side walls. Inclusion of both buffer tank
options in the alternatives would have resulted in 32 different permutations,
which were considered excessive for the feasibility study.
Some of the alternatives would require a reject spillway to allow water to flow
back down to the Nithi River in the case of the power station tripping. Such a
reject spillway would result in further disturbance of the forest. However, the
chosen alternative (a pressurised circular concrete structure) does not require
a reject spillway, thereby lessening the impact on the forest.
2.4.5 Above-ground vs. below ground penstock alignment

A buried steel penstock and an above-ground steel penstock were considered
as alternatives for the penstock.
The capital cost of an above-ground penstock is slightly lower than that of a

below-ground penstock, but the operational costs of an above-ground
penstock is slightly higher than that of a below-ground penstock.
From an environmental perspective, an above-ground penstock is preferred.

The steepness of the slope would make stabilisation of the soil placed on top
of a buried penstock very difficult, and it can be anticipated that significant
erosion would occur along the penstock route if it is placed below ground.
Furthermore, excavations for a buried penstock would create a wide corridor
of disturbance, as digging machinery would require access to the entire
penstock route. By contrast, an above-ground penstock would be placed on a
limited number of concrete plinths, each of which would have a very limited
footprint, and soil erosion could therefore be expected to be much less for an
above-ground penstock.
2.4.6 Penstock routes and power station positions

Options for the positioning of infrastructure for the proposed hydro power
scheme were identified during a walk-over survey of the site in May 2014.
Two positions were identified for the Intake site i.e. Intake A and Intake B,
and three positions were identified for the Power Station structure i.e. Power
Station A, Power Station B and Power Station C. The Power Station C

position was subsequently removed from consideration due to evidence of

slope instability at the valley abutments at that location.
Figure 8: Map showing various penstock and power station options under
consideration
Based on the remaining two intake positions and two power station positions,
four alternatives exist for the proposed hydro power scheme infrastructure
arrangement:
 Alternative AA: Intake A, low pressure pipeline, buffer tank and Power
Station A;
 Alternative AB: Intake A, low pressure pipeline, buffer tank and Power
Station B;
 Alternative BA: Intake B, low pressure pipeline, buffer tank and Power
Station A; and
 Alternative BB: Intake B, low pressure pipeline, buffer tank and Power
Station B.
Each of the four alternatives as provided above were analysed with the four
different flow rates. This resulted in a total of 16 permutations. The matrix for
these permutations is shown in

Table 4 below. The low-pressure pipeline alignment and buffer tank positions
were the same for all the alternatives, however the sizes of the pipeline and
buffer tank vary with each alternative. The cost of the power station is
constant across all alternatives.

Table 4: Matrix of alternatives/permutations
Alternative Intake Penstock Power Flow (m3/s)

Position Station
Route 1 2 3 4
Position
AA A A A AA1 AA2 AA3 AA4
AB A B B AB1 AB2 AB3 AB4
BA B A A BA1 BA2 BA3 BB4
BB B B B BB1 BB2 BB3 BB4
There is very little difference in environmental impacts between the alternative

penstock route alternatives. Both feasible penstock routes cover similar very
steep terrain, which is used for subsistence agriculture and farming. There
are no dwellings along either of the alternative penstock routes and all the
land has already been bought by NHPL.
2.5 The do-nothing alternative
The do-nothing alternative is the option of not constructing the NHP on the
Nithi River. This alternative would result in no environmental impacts in the
project area. Whilst this would without doubt result in complete avoidance of
impacts, this needs to be balanced with the strategic need for the
development of new electricity generation capacity in Kenya.
Through the ongoing feasibility study of the project, the potential of the Nithi
River to produce electricity is being established and the proponent proposes
to construct the Nithi Small Hydro project. The do-nothing alternative will not
assist the Kenyan Government in reaching its targets for renewable energy.
Subsequently, the do-nothing alternative is not a preferred alternative and will
not be assessed in further detail during the ESIA phase.
2.6 Main project activities
2.7 Overview
The proposed activities for the construction of NHP will mainly entail the
following processes:

 Clearing of vegetation cover during site excavation for the pre-

construction and construction activities;
 Ground leveling and slope stabilisation for the construction camp;
 Establishment of temporary structures like sanitary facilities, stores,
fencing, among others;
 Upgrade to existing access roads to support delivery of equipment to
site;
 Delivery of materials to site and removal of spoil from site to
recommended areas;
 construction of other related infrastructure such access routes to the
power station site, water and energy supply, foul water and sewerage
disposal systems, as well as waste storage, office and transportation
infrastructure;
 Construction of appropriate structures and utilities for the hydropower
station;
 Procuring of hydropower equipment and machinery;
 Installation of hydropower equipment and machinery; and
 Restoration of land features within the project site by landscaping, and
replanting with expert recommended species..
2.8 Acquisition of Permits/approvals
There are a number of permits and approvals that will have to be secured
before the construction commences to ensure compliance. They include the
following:
 An EIA licence;
 Permit to generate power;
 Construction Permit;
 Surface water abstraction permit;
 Permit to access the MKFR;
 Permits from the KFS for removal / felling of trees;
 Waiver to excavate, drill, tunnel or disturb a river bed; and
 Waste discharge permit.

2.9 Construction phase
All contractors working at the NHP site will mandatorily comply with the
requirements of applicable Kenyan EHS related legislation and any conditions
in the ESIA License issued by NEMA.
The project site has steep gradient slopes which will require measures to
stabilize slopes and control erosion during excavation and other earth works.
General construction activities will include site preparation (clearing of
vegetation, excavation, backfilling and compaction of common areas),
stabilizing the slopes, establishment of internal access roads, equipment
parking yard, trench works, fencing of the contractor’s work areas,
excavations for reinforced concrete foundations for the penstock, and
construction of reinforced concrete slabs. Construction works within MFKR
will involve minimal use of machinery to reduce impacts on the existing
vegetation and creation of access routes within the area of conservation
importance.
The following structures will be constructed:
 Concrete gravity weir;

 De-sanding structure;
 Low pressure headrace pipe;
 Buffer tank;
 Penstock;
 Power house & tail race canal;
 Power line; and
 Access roads.
During construction, water for mixing of concrete will be sourced from the
Nithi River. Storm water will be controlled to minimize the risk of erosion and
sedimentation and prevent water contamination. Contaminated storm water
will be treated before being released.
Construction will only take place during daylight hours and there will be 24-
hour security onsite and no workers will be allowed to stay overnight within
the MKFR. Job opportunities will be generated through the construction of the
various facilities. Skilled, semi-skilled and unskilled labor will be required in
technical fields as well as in NHP operation and management.
Construction materials such as sand, gravel and murram will be sourced from
existing and approved local quarries close to the site. The project proponent
will liaise with the Tharaka Nithi County government in the identification of
quarry sites for use. It is the project proponent’s intention that only approved
quarries be used and assessments of these quarry areas do not form part of

the current ESIA. It is assumed that assessments for existing quarries have
already been conducted by their respective operators. Other construction
materials such as cement and iron bars, will be sourced from authorized
distributors within Kenya with the first priority being given to local dealers.
Sophisticated equipment such as turbines will be imported.
2.10 Operational phase
The operation phase of NHP will involve generation of power. The operational
lifespan of the hydropower plant is estimated to be approximately 50 years.
The turbines are designed to operate continuously and with minimal
maintenance intervention throughout the operational lifespan of the facility.
Staff would undertake routine maintenance activities. However, the operation
of the facility would be done remotely. Consequently there would be no need
for ancillary buildings to accommodate permanent site personnel.
It is estimated that the operational phase will result in between six and 10
permanent job opportunities. Vehicles would use the available access roads
to travel to the power chamber for work. On occasion, maintenance activities
would be required on all areas of the project, which may require light
construction equipment and tools whose operations would have negligible
impact on the environment. It is envisaged that the forest cover within the
project footprint will not be affected by maintenance operations of the project
structures.
Small hydro projects like the NHP have relatively simple and straightforward
monitoring requirement. Daily reporting will provide an overview of operational
performance and variations in power generation can be identified.
The developer will manage the facility in an environmentally sustainable

manner. Sewerage and waste will be required to be dealt with in accordance
with Legal Notice 121: Environment Management and Coordination (Waste
Management) Regulations, 2006. Storm water runoff from project areas must
be dealt with in a similar manner and in accordance with Legal Notice 120:
Environment Management and Coordination (Water Quality) Regulations,
2006. Security measures will be stringent during the operation of the NHP.
On-site security of the premises will be engaged to maximise safety.
2.11 Decommissioning phase
It is anticipated that the hydropower station facilities will be continuously

maintained and repaired, and will be operated for several decades. Because
of its long useable life, the circumstances under which they might ultimately

be decommissioned are difficult to foresee at this stage. Thus, only a site

construction decommissioning approach can be considered at this stage in
the study. As a result, the practical decommissioning after completion of
construction will for now involve the following:
 Restoration of sites through leveling and re-vegetation measures;

 Removal of obsolete equipment and associated equipment parts;
 Demobilisation and return of imported labour force after the project;
 Grievance management mechanisms with the host communities before
site closure;
 Repairs of damaged roads and restoration of access routes and route
deviations; and
 Removal of construction debris and unused materials.
Furthermore, it would be environmentally preferable to leave certain

infrastructure in place at the end of the operational lifespan rather than
remove it, as removal would cause further avoidable damage to the
environment. For instance, it would be preferable not to decommission the
low pressure pipeline and buffer tank, since their removal within the MKFR
would cause further disturbance to the forest.

2.12 Description of the Project components
This section provides general and typical construction details of the proposed
project as the design is still at preliminary design stage. The project
component descriptions, dimensions and associated footprints provided
below currently relate to the preliminary layout alternatives presented in the
(Aurecon, Bankable Technical Feasibility Study of the Proposed Nithi
Hydropower Site, Nov 2014)
2.12.1 Intake structure

The intake structure will include a weir and a collection canal that will be
designed and constructed to allow the required flow volumes to be diverted.
According to the pre-feasibility study by Aurecon (2014) it is proposed that a
Tyrolean weir will be used. A Tyrolean weir allows for the transport of
boulders in the river to take place without blockage of the intake. The
proposed weir will have a canal built and sloped in the direction of the
overflow section to discharge into the conveyance system. Steel bars or fine
screen screens will be laid in the flow direction and inclined downstream to
ensure course particles, boulders and debris are kept out of the intake.
Figure 9: Photo of a Tyrolean weir
2.12.2 De-sanding structure

A de-sanding structure will be constructed close to the intake structure along
the low pressure pipeline. The design objective of the de-sanding structure is

to remove the sediment particles equal to or larger than target size that can
be harmful to the penstock and turbine components.
Figure 10: Isometric illustration of the proposed desanding structure
2.12.3 Low pressure pipeline

The low pressure pipeline transports the water from the intake structure to the
buffer tank. In the case of the proposed project, the pipeline is proposed to
consist of a flexible PVC pipe with a diameter between 0.8m and 1.5 m and a
length of approximately 6km.
2.12.4 Buffer tank

The buffer tank (Figure 11) located at the downstream side of the
conveyance system, will provide the transition between the conveyance line
and the penstock. The purpose of the buffer tank will be to provide for
adjustment of flow towards turbine discharge according to load demand and
to provide a volume of stored water to regulate water levels during turbine
operation. As indicated in Figure 11, the buffer tank will include an offtake
pipe that will supply water to the community, to compensate for the loss of the
existing community water supply scheme located on the site. The developer
will install water pipelines from the buffer tank to the community’s existing
water reservoir.

According to Aurecon (2014), the storage volume of the buffer tank varies
between 530 m3 and 2,080 m3 for varying penstock diameters between 0.8 m
to 1.4 m for flow rates varying between 2 m3/s and 4 m3/s.
Figure 11 : Isometric illustration of the preferred buffer tank design
Isolation
Valve
Isolation
Valve
Supply to
community
2.12.5 Penstock
The penstock is an enclosed steel pipe used to convey water from the buffer
tank to the powerhouse under high pressure. The penstock will be designed
to bear the maximum internal pressure due to the water flow during normal
and abnormal operation conditions. The water flow is normally regulated by
an intake structure comprising of mechanical gates at the upstream end. The
gates would operate in an emergency to shut off flow into the penstock, or to
allow maintenance of the penstock to occur. For the NHP, It is proposed that
the maximum velocity in the penstock would be approximately 3.0m/s and the
penstock would be above ground.
From an environmental perspective, an above-ground penstock is preferred.

The steepness of the slope would make stabilisation of the soil placed on top
of a buried penstock very difficult, and it can be anticipated that a lot of
erosion would occur along the penstock route if it is placed below ground.
Furthermore, excavations for a buried penstock would create a wide corridor

of disturbance, as digging machinery would require access to entire penstock

route. By contrast, an above-ground penstock would be placed on a limited
number of concrete plinths, each of which would have a very limited footprint,
and soil erosion could therefore be expected to be much less for an above-
ground penstock.
2.12.6 Powerhouse
A two floor levels building will be erected to accommodate the plant, loading
bay and office space. The lower floor will house turbine and generator
components while the upper floor will house the control equipment, store and
the loading bay. In the loading bay an overhead crane will be provided to
erect the equipment into position and its final height will depend on the size of
the turbine and generators. Construction of the power house will comprise of
structural steel trusses, brickwork walling and 25mpa reinforced concrete
slabs.
Valves – A main inlet valve will be mounted before the turbine and will be
designed to close under emergency conditions.
Turbines and generators - The flowing water applies pressure on the turbine
blades, rotating the shaft, which in turn is connected to an electrical
generator. This converts the motion of the shaft into electrical energy. The
turbines to be used at the proposed Nithi project would be the type that is
best suited for the head and flow characteristics of this particular site so as to
optimize the best generation return in the form of electricity produced.
Tailbay - Water would be released from the power chamber via a tailbay back
to the river.

Figure 12: Isometric illustration of a typical power station design
Columns Loading bay

for crane
Generator
Turbine
2.12.7 Transmission line

It is proposed that the Nithi Hydropower plant will connect to the Kenya Power
network at the Marima Substation, located approximately 10 km east of the
proposed site. Marima is the nearest substation to the proposed NHP and is
in the process of being upgraded from its capacity of 2.5 MVA to 7.5 MVA. It
is further proposed that an Overhead Transmission Line (OTL) of 33 kV will
be constructed to Marima Substation. Two proposed route options to this
substation connection have been identified and are being discussed further in
the design of the project.

3. Relevant legislation and ESIA process
This section provides the policy, legislative, and regulatory framework to

which the proposed NHP and power transmission lines should comply.
National regulations are discussed along with IFC performance standards,
IUCN advice notes on environmental assessment for developments in World
Heritage Sites and international conventions to which Kenya is a party. Kenya
champions sustainable development and recognizes the need for sustainable
environment. This is in line with the Millennium Development Goals and
Vision 2030.
Kenya’s environmental policy and legislation are scattered in a multiplicity of

resource-specific and sector-specific laws and policy papers. The institutions
and departments that deal with environmental issues are equally numerous.
Sector-specific laws are deficient in that they are characterized by fragmented
and uncoordinated sectoral legal regimes that are developed to facilitate
resource allocation and to deal with environmentally adverse effects of
resource exploitation.
3.1 Constitution of Kenya, 2010
Environment and social sustainability is covered explicitly in the Constitution

of Kenya, 2012. Clause 42 under the Bill of Rights of the Constitution of
Kenya, 2010 provides inter alia that every person has a right to a clean and
healthy environment. Clause 43 of the Constitution provides that every person
in Kenya has economic and social rights.
Chapter 5 of the Constitution provides for the sustainable management of

land and the environment in Kenya. Specifically, Clauses 69 – 72 deals with
environmental management in Kenya and the proposed project will be
conducted in accordance with these Clauses.
Clause 69(1)(f) of the Constitution requires the State to develop systems for
environmental impact assessment. The State already has a system for
environmental impact assessment in the form of the Environment
Management and Coordination Act, 1999 (EMCA) and its subsidiary
legislation titled Legal Notice 101: Environment (Impact Assessment and
Audit) Regulations, 2003 (L.N. 101).
The Constitution of Kenya is applicable to the NHP as every person living in

the country is entitled to a clean and health environment and the principle of
public participation is a bill of right.

3.2 Environmental policy framework
3.2.1 National Environmental Policy, 2013

The National Environmental Policy proposes a broad range of measures and
actions responding to key environmental issues and challenges. It seeks to
provide the framework for an integrated approach to planning and sustainable
management of natural resources in the country. It recognizes the various
vulnerable ecosystems and proposes various policy measures not only to
mainstream sound environmental management practices in all sectors of
society throughout the country but also recommends strong institutional and
governance measures to support the achievement of the desired objectives
and goal.
One of the objectives of the policy is to promote and support research and
capacity development as well as use of innovative environmental
management tools such as incentives, disincentives, total economic
valuation, indicators of sustainable development, Strategic Environmental
Assessments (SEAs), Environmental Impact Assessments (ESIAs),
Environmental Audits (EA) and Payment for Environmental Services (PES).
3.2.2 National Water Policy, 2012

The National Water Policy of 2012 (NWP 2012) has been developed in
response to the mandate, vision and mission of the ministry responsible for
water affairs in Kenya. It is informed by the gains made during the past
decade of implementation of reforms in the water sector anchored on the
National Water Policy of 1999 (NWP 1999) also referred to as Sessional
Paper No. 1 on National Policy on Water Resources Management and
Development, the Water Act 2002, existing related policy documents, and the
globally recognised Integrated Water Resources Management (IWRM)
approach. These reforms have culminated into the development of the Water
Sector Strategic Plan (WSSP 2010 – 2015, which is designed to
institutionalize a stakeholder and participatory approach to the management
of water affairs in the country.
The policy aims at ensuring a comprehensive framework for promoting

optimal, sustainable, and equitable development and use of water resources
for livelihoods of Kenyans. The policy seeks to:
 Ensure increased per capita water availability above the international

benchmark of 1000 m³ by 2030;
 Ensure progressive restoration and protection of ecological systems
and biodiversity in strategic water catchments;

 Maximize use of trans-boundary water resources in coordination with

other riparian countries;
 Enhance storm water management and rainwater harvesting;
 Enhance inter-basin water transfer in Kenya as a strategic intervention
for optimized used of water resources;
 Enhance pollution control;
 Establish sound research and development in the water sector;
 Enhanced enforcement of regulation and other IWRM actions;
 Improve effluent waters treatment and recycle for use;
 Ensure sustainable groundwater resources for present and future
generations;
 Sufficient funds for sustainable development and management of
water resources;
 Resolve conflicting mandates by better cross-sectoral coordination;
and
 Develop a water management system, which contributes to the
protection of the environment.
The NWP outlines the need for promoting optimal, sustainable, and equitable
development and use of water resources in Kenya. Since NHP will rely on
water to produce power, the ESIA will have to address this issue in order to
acquire the necessary permits of its operation.
3.2.3 Fisheries Policy, 2005

The overall objective of this policy is to create an enabling environment for a
vibrant fishing industry based on sustainable resource exploitation providing
optimal and sustainable benefits, alleviating poverty, and creating wealth,
taking into consideration gender equity.
This policy seeks to discourage any fishing or related land activities in

catchments, which will have negative impact on biodiversity, including the
introduction of alien invasive species and degradation of the aquatic
environment. This is accomplished through comprehensive reviews of ESIAs
for such activities.
3.2.4 National Energy Policy 2004 (Revised, 2012)

The overall objective of the energy policy is to ensure affordable, competitive,
sustainable, reliable supply of energy to meet national and county
development needs at least cost, while protecting, and conserving the
environment. This policy has important repercussions for total national
greenhouse gas emissions, particularly as Kenya depends widely on the use
of fuel wood and charcoal in rural and urban populations. Impacts of energy

production and consumption include atmospheric pollution, deforestation,

climate change, soil erosion and siltation of reservoirs and river systems,
among others. This policy ensures the relevant ministries and organisations
address environmental problems associated with energy, and the related Act
supports the promotion and development of renewable sources of energy,
especially through agroforestry and the conservation of energy through
appropriate technologies.
The Energy Policy and Energy Act of 2006 encourage the implementation of
indigenous renewable energy sources to enhance the country’s electricity
supply capacity. The Energy Act provides for mitigation of climate change,
through energy efficiency and promotion of renewable energy. In addition, the
Feed in Tariffs (FiTs) Policy of 2008 (revised 2012) promotes generation of
electricity from renewable sources. It applies to geothermal, wind, small
hydro, solar and biomass.
The policy aims at developing and implementing environmental impact

assessment (ESIAs) and other guidelines for the energy sector. It also seeks
to monitor their implementation through Environmental Management Plans.
This policy is relevant to the project since permit for power generation will be
issued upon receipt of a NEMA license.
3.2.5 Kenya’s Least Cost Power Development Plan 2011-2030

The government of Kenya (GoK) has identified nine projects as key pillars to
the successful implementation of Vision 2030. These are expected to
increase the country’s energy requirements by about 890 MW, with the
highest demand expected from the Konza City ICT Park (440 MW) and
Meru’s iron and steel smelting industry (315 MW). The Least Cost Power
Development Plan (LCPDP) is the power implementation plan of the Ministry
of Energy for delivering the power sector targets outlined in Vision 2030.
KPLC’s Updated Retail Tariff Application on 7 February 2013 (the Tariff

Application) also identifies an additional 851 MW of generation capacity
expected to be developed by independent power producers (IPPs) (private
companies that generate and sell electricity). IPPs account for about 26% of
the Kenya’s installed capacity, thereby bridging the demand gap.
The plan is relevant to the project in that it will be a guide to the various
processes of engagement with the Ministry of Energy.
3.2.6 National Environment Action Plan (NEAP) 2007

The NEAP provides a framework for the implementation of the Environment
Policy and realisation of the National Millennium Development Goals and
Vision 2030. It outlines methods to combat climate change including

mitigation and adaptation, improving inter-sectoral coordination,

mainstreaming sustainable land management into national planning, policy
and legal frameworks and undertaking research on the impact of climate
change on environmental, social and economic sectors.
3.3 Environment Management and Coordination Act
The proposed project will be undertaken in accordance with relevant sections

of the Environment Management and Coordination Act, 1999 (EMCA),
specifically Clauses 58 – 63. These sections of the Act are operationalised by
subsidiary legislation promulgated under the Act and specifically L.N. 101:
Environment (Impact Assessment and Audit) Regulations, 2003.
The EMCA is a framework environmental law in Kenya. This Act (assented to

on January 14, 2000) provides a structured approach to environmental
management in Kenya. With the coming into force of the EMCA, the
environmental provisions within the sectoral laws were not superseded;
instead the environmental provisions within those laws were reinforced to
better manage Kenya’s ailing environment.
3.3.1 L.N. 101: EIA/EA Regulations 2003

On June 13th 2003, the Minister for Environment and Mineral Resources
promulgated Legal Notice 101: Environment (Impact Assessment and Audit)
Regulations, 2003 as provided for under section 147 of the EMCA. These
regulations provide the framework for undertaking EIAs and EAs in Kenya by
NEMA licensed Lead Experts and Firms of Experts.
An EIA or EA Study in Kenya is to be undertaken by a firm duly licensed by

the NEMA. The EIA/EA Regulations also provide information to project
proponents on the requirements of either an EIA or EA as required by the
EMCA.
The proposed project is subject to relevant provisions of these regulations

and subsequently, this ESIA has been undertaken in accordance with the
requirements.
3.3.2 L.N. 120: Water Quality Regulations, 2006

This regulation was promulgated on September 4 th 2006 and became
effective on July 1st 2007. The regulation provides for the sustainable
management of water used for various purposes in Kenya. For industries in
Kenya, the regulation requires that proponents apply for an “Effluent
Discharge License” annually for discharging process wastewater either into
the environment, aquatic environment or public sewers.

For effluent discharges into the environment and aquatic environment, a

Proponent needs to apply directly to the NEMA. For discharges into public
sewers, a Proponent needs to apply for the license to the relevant county.
The regulation contains discharge limits for various environmental parameters
into public sewers and the environment.
These regulations will apply to the proposed project during the construction
and operational phases. Each contractor will be required to ensure that all
effluent from construction activities is treated in accordance with the above
regulations prior to discharge into the environment.
3.3.3 L.N. 121: Waste Management Regulations, 2006

The Waste Management Regulations were promulgated on 4 September
2006 and became effective on 1 July 2007. These regulations are
comprehensive and cover the management of various kinds of waste in
Kenya. Generally it is a requirement under the regulations that a waste
generator segregates waste (hazardous and non-hazardous) by type and
then disposes the wastes in an environmentally acceptable manner.
Under the regulation, it is a requirement that waste is transported using a

vehicle that has an approved “Waste Transportation License” issued by
NEMA. Wastes generated in Kenya must be disposed of in a licensed
disposal facility. Such a facility will require annual environment audits to be
undertaken by NEMA registered Lead Experts.
It is further a requirement under the regulation for a Proponent to install at

their premises anti-pollution equipment for treatment of various types of
wastes. The treatment options shall be approved by the NEMA in consultation
with the relevant lead agency.
The regulation contains definitions of hazardous wastes in the Fourth

Schedule. The regulation requires that prior to generating any hazardous
waste, a proponent shall undertake an EIA Study and seek approval from the
NEMA.
Labeling of hazardous wastes is mandatory under the regulation and the

specific labeling requirements are provided in Rule 18. The treatment options
for hazardous waste disposal provided in Rule 19 include incineration or any
other option approved by the NEMA.
During the construction phase, the proposed project may generate various
types of wastes. For the most part, it is expected that the wastes will be non-
hazardous in nature and can be disposed of in accordance with the above
regulations.

3.3.4 L.N. 61: Noise and Excessive Vibration Control Regulations,

2009
In May 2009, the Minister for Environment and Mineral Resources
promulgated the above regulations for management of environmental noise
and excessive vibration as shown in Table 5. The general prohibition states
that no person shall make or cause to be made any loud, unreasonable,
unnecessary or unusual noise, which annoys, disturbs, injures or endangers
the comfort, repose, health or safety of others and the environment.
The regulations further provide factors that will be considered in determining

whether or not noise and vibration is loud, unreasonable, unnecessary or
unusual. For fixed installations, excessive vibration under these regulations is
defined as any vibration that exceeds 0.5cm/s at 30m from the source.
Rules 13 and 14 of the regulations define the permissible noise levels for
construction sites and are reproduced below. These noise limits will be
applicable to the proposed project.
Table 5 : Maximum permissible noise levels - construction phase
Facility Maximum noise level permitted (Leq) in

dB(A)
Day Night
i). Health facilities, educational 60 35

institutions, homes for the
disabled, etc.
ii). Residential 60 35
iii). Areas other than those in (i) and 75 65

(ii) above
Time frame:
Day: 6.01 am – 8:00 pm (Leq, 14 hours)
Night: 8:01 pm – 6:00 am (Leq, 10 hours)
Rules 5 and 6 of the regulations define noise levels for various types of
activities that generate noise. The First Schedule to the regulations defines
permissible noise levels to be complied with during the operational phase of a
project and is reproduced in Table 6 below.

Table 6: Maximum permissible noise levels - operational phase
Zone Sound Level Limits Noise Rating

(dBA) Level (NR)
(Leq, 14h) (Leq, 14h)
Day Night Day Night
A. Silent Zone 40 35 30 25
B. Places of Worship
40 35 30 25
C. Residential
Indoor 45 35 35 25
Outdoor 50 35 40 25
D. Mixed residential (with some
commercial and places of 55 35 50 25
entertainment)
E. Commercial
60 35 55 25
Time frame:
Day: 6:01 am – 8:00 pm (Leq, 14 hours)
Night: 8:01 pm – 6:00 am (Leq, 10 hours)
The regulation further stipulates that a permit will be required during the
construction and operational phase of a project if there will be equipment that
will produce noise during this phase of the project.
Based on the nature of activities at the NHP, it is not envisaged that noise
levels will exceed the limits given in this regulation. However, if any appointed
contractor expects to generate noise levels in excess of the limits given in the
table above, that contractor shall apply for a noise permit from NEMA for the
duration of exceedance. The fourth schedule of the regulations contains
details of the application for a noise license while the fifth schedule provides a
description of the noise permit that the NEMA will grant the main contractor.
3.3.5 Licenses and permits required under the EMCA

The subsidiary legislation under the EMCA is partially monitored through the
use of permits and licenses. Subsequently all licenses and permits required
during the construction phase shall be the responsibility of the individual
contractors and their agents working on behalf of NHPL. During the

operational phase, all permits and licenses required to operate the project will
be the responsibility of the proponent.
The subsidiary legislation under the EMCA requires some or all of the
following types of permits to be available for inspection during the
construction and operational phases of the project:
 Effluent Discharge License under Legal Notice 120: The Environment

Management and Coordination (Water Quality) Regulations 2006;
 Waste Transport License under Legal Notice 121: The Environment

Management and Coordination (Waste Management) Regulations 2006
for disposal of all types of wastes; and
 Noise Permit under Legal Notice 61: The Environment Management and
Coordination (Noise and Excessive Vibration Pollution) (Control)
Regulations, 2009.
3.4 Occupational Safety and Health Act, 2007
The OSHA was enacted to provide for the health, safety and welfare of
persons employed in workplaces, and for matters incidental thereto and
connected therewith.
Part II of the Act provides the General Duties to which the occupier must
comply with respect to health and safety in the workplace. Such duties
include undertaking safety and health (S&H) risk assessments, S&H audits,
notification of accidents, injuries and dangerous occurrences, etc. A number
of sections under this part shall be applicable to the proposed project.
Part IV deals with the enforcement provisions that Directorate of Occupational

Safety and Health Services (DOSHS) has under the Act. It discusses the
instances when Improvement and Prohibition Notices can be issued as well
as the powers of Occupational S&H officers. This part of the Act will be
mandatory for the occupier to comply with for the proposed project.
Part V of the Act requires all workplaces to be registered with the DOSHS.
This part will be applicable for the proposed project as the Occupier will have
to apply for registration of their project with the DOSHS on completion of the
construction phase and before the operational phase of the project.
Part VI of the Act lists the requirements for occupational health provisions
which include cleanliness, ventilation, overcrowding, etc. This section of the
Act will apply to the Occupier during the operational phase of the project.

Part VII of the Act contains provisions for the safe operation of machinery and
includes all prime movers and transmission equipment. Additionally this part
includes the safe operation of cranes, chains, ropes, lifting tackles, pressure
vessels and their statutory examination by DOSHS Approved Persons. This
part of the Act will apply to the proposed project during the construction and
operational phases respectively.
Part VIII of the Act contains provisions for general safety of a workplace
especially fire safety. This part of the Act will apply to the proposed project
during the design, construction and operational phases respectively of the
project.
Part X of the Act deals with the General Welfare conditions that must be
present during the construction and operational phase of the project. Such
conditions include first aid facilities, supply of drinking water, accommodation
for clothing, ergonomics, etc.
Part XI of the Act contains Special Provisions on the management of health,

safety and welfare. These include work permit systems, PPE requirements
and medical surveillance. Some sections of this part of the Act will be
applicable to the proposed project during the construction and operational
phase.
Part XIII of the Act stipulates various fines and penalties associated with non-
compliance with the Act. It includes those fines and penalties that are not
included in other sections of the Act and will be important for the Occupier to
read and understand the penalties for non-compliance with S&H provisions.
Part XIV of the Act is the last section of the Act and contains miscellaneous
provisions which are not covered elsewhere in the Act. Some sections under
this part of the Act will apply to the proposed project and it is in the interest of
the occupier to read, understand and ensure compliance with it.
The proposed project will be undertaken in compliance with the 2007 (OSHA)
during the construction and operational phases.
During the construction phase, the contractors will be required to fully comply
with the requirements of Legal Notice 40 titled: Building Operations and
Works of Engineering Construction Rules, 1984 (BOWEC). Each contractor
will develop and implement a formal construction health and safety plan for
the entire construction phase duration in alignment with the OSHA and
international health and safety best practices.
Some of the important subsidiary legislation which operationalizes the Act

and is applicable to the proposed project is described below.

3.4.1 L.N. 31: The Safety and Health Committee Rules, 2004
These rules came into effect on 28 April 2004 and require that an Occupier
formalise a S&H Committee if there is a minimum of 20 persons employed in
the work place. The size of the S&H Committee will depend on the number of
workers employed at the place of work.
For the Proponent and Contractor, the OSHA and the S&H Committee Rules
2004 are important as they require compliance with the following measures:
 Posting of an Abstract of the Factories and Other Places of Work Act in

key sections of each area of the factory or other workplace;
 Provision of first aid boxes in accordance with Legal Notice No. 160 of
1977;
 Ensuring that there are an appropriate number of certified first aiders

trained by an approved institutions and that the certification of these first
aiders is current;
 Provision of a General Register for recording amongst other things all

incidents, accidents and occupational injuries;
 Appointment of a S&H Committee made up of an equal number of

members from management and workers based on the total number of
employees in the workplace;
 Training of the S&H Committee in accordance with these rules;
 Appointment of a S&H management representative for the Proponent;
The S&H Committee must meet at least quarterly, take minutes, circulate key
action items on bulletin boards and may be required to send a copy of the
minutes to the DOSHS provincial office.
Appropriate recordkeeping including maintenance of all current certificates

related to inspection of critical equipment such as cranes, air compressors,
lifts, pulleys, etc. Such inspections need to be undertaken by an approved
person registered by the Director of the DOSHS.
3.4.2 L.N. 24: Medical Examination Rules, 2005

These rules provide for Occupiers to mandatorily undertake pre-employment,
periodic and termination medical evaluations of workers whose occupations
are stipulated in the Second Schedule of the OSHA and the First Schedule of
the above Regulation. Workers that fall under the above two schedules are

required to undergo medical evaluations by a registered medical health

practitioner duly registered by the DOSHS.
It will be incumbent on the Contractor to ensure that Material Safety Data

Sheets (MSDSs) for chemicals used in the construction phase are studied for
toxicological and epidemiological information and workers trained on their
safe handling, use and disposal. If any of these products present negative
impacts to human health, the workers exposed to the chemicals will be
required to undergo medical examinations in accordance with the above
Rules.
3.4.3 L.N. 25: Noise Prevention and Control Rules, 2005

These rules were promulgated on 10 March 2005 for occupational noise
exposure and apply to workplaces in Kenya. The regulation is applicable to
the project as noise potentially generated by construction equipment may
exceed the permissible occupational noise levels given below.
The rules set the permissible level for occupational noise in any workplace
(which includes construction sites) as follows:


90 dB(A) over an 8-hour TWA period over 24-hours; and
140 dB(A) peak sound level at any given time.
Additionally the rules set permissible limits for community noise levels
emanating from a workplace as follows:


50 dB(A) during the day; and
45 dB(A) at night.
If noise levels exceed the above permissible levels, the Occupier is required
to develop, rollout and implement a written hearing conservation program
which should include the following sections as a minimum:


Undertaking a Noise Level Survey;

Education and training of persons affected by excessive noise;

Engineering noise control methods;

Hearing protection requirements;

Posting of notices in noisy areas;
Audiometric testing methods and frequencies for those exposed to high

noises; and
Annual program review.
The Proponent is to ensure that any equipment brought to a site in Kenya for
use shall be designed or have built-in noise reduction devices that do not
exceed 90 dB(A). The Proponent shall request the supplier of the machines
or equipment for to also indicate their noise characteristics.

There is also a requirement for a Proponent to medically examine those

employees that may be exposed to continuous noise levels of 85 dB(A) as
indicated in Regulation 16. If found unfit, the occupational hearing loss to the
worker will be compensated as an occupational disease.
It is expected that during the construction phase of the project, there may be
plant and equipment that exceed the threshold levels of noise stipulated
under the Rules. It will therefore be incumbent on the contractor and his / her
sub-contractors to ensure that their equipment is serviced properly and/or use
equipment that complies with the threshold noise values given above.
Alternatively each contractor will be required to develop and implement a
written hearing conservation programme during the construction phase.
3.4.4 L.N. 59: Fire Risk Reduction Rules, 2007

These rules were promulgated by the Minister for Labour on 16 April 2007
and apply to all workplaces. A number of sections of the rules apply to the
proposed project as enumerated below.
Regulation 5 requires Proponents to ensure that fire resistant materials are

used for construction of new buildings. A number of minimum specifications of
materials are provided in this rule.
Regulation 6 requires that all flammable materials be stored in appropriately

designed receptacles.
Regulation 7 requires that all flammable storage tanks or flammable liquid

containers be labeled with the words “Highly Flammable” in English or
Kiswahili. It is therefore practical for the Proponent to use a system similar to
the Hazardous Material Identification System (HMIS) of labeling their product
containers. The regulation requires a Proponent to consult the product’s
MSDS for appropriate labeling requirements.
Regulation 8(3) requires a Proponent to have a Spill Prevention, Control and

Countermeasures (SPCC) plan. This may be important if there will be
chemicals stored at the refueling area.
Regulation 16 requires Proponents to ensure that electrical equipment is

installed in accordance with the respective hazardous area classification
system. It is also a requirement that all electrical equipment is inspected 6-
monthly by a competent person and the Proponent is required to keep
records of such inspections.
Regulation 22 provides a description of the functions of a fire-fighting team.

Regulation 23 requires Proponents to mandatorily undertake fire drills at
least once a year.

Regulation 33 requires Proponents to have adequate fire water storage

capacity. As a minimum this regulation requires Proponents to have at least
10m3 of dedicated fire water storage capacity.
Regulation 34 requires Proponents to develop and implement a

comprehensive written Fire Safety Policy. This policy should contain a Fire
Safety Policy Statement signed by the CEO, a Fire Safety Policy Manual and
a brief summary of the Fire Safety Policy of the company.
Regulation 35 requires a Proponent to notify the nearest Occupational S&H

area office of a fire incident within 24 hours of its occurrence and a written
report sent to the Director of DOSHS within 7 days.
3.5 Public Health Act, Cap 242
The Public Health Act was promulgated for securing the health of workers
and communities working around projects. It came into force on 6 September
1921 and has been revised several times with the latest revision being done
in 1986.
Part IV-A: General Provisions of the Act deals with the prevention and
suppression of infectious diseases and certain sections of this part will be
applicable to the project.
Part IX of the Act deals with the governance of sanitation and housing
associated with a project. Certain sections of this part will be applicable to
the project during the construction phase of the project.
3.6 Water Act, 2002
The Water Act, which came into force in 2003, has the following objectives:
 to differentiate the roles of various actors in water sector i.e. the

government, local government, the private sector and the public into
two main areas, water resources management and water services and

supply
establish public participation and involvement in water services and

water resources management
define water rights and legislate ways in which water resources can be
utilised
The Water Act, 2002 is the main legislation that regulates the water sector in
Kenya. All policies, regulations and by-laws, directives and administrative

actions from the ministry of Environment, Water and Natural Resources

strategic plans and all activities by water sector institutions must be done in
accordance with and be consistent with the provisions and content of the
Water Act.
The Water Act introduced new water management institutions to govern water
and sanitation.
 The Water Services Regulatory Board (WASREB) to set standards and

regulate the sub-sector;

the Water Appeal Board (WAB) to arbitrate on disputes;
eight Water Services Boards (WSBs), to be responsible for the
management of efficient and economical provision of water and

sewerage services;
Water Services Providers (WSPs) to act as agents of the Water
Services Boards (WSBs) in the actual provision of water and sewerage

services;
the Water Services Trust Fund (WSTF), to finance pro-poor

investments;
the Water Resources Management Authority (WRMA), to manage and
protect Kenya’s water resources;
 Catchment Area Advisory Committees (CAAC) support the WRMAs at

the regional Level; and
Water Resource Users Associations (WRUA) established as a medium
for cooperative management of water resources and conflict resolution
at sub-catchment level.
The Ministry of Environment, Water and Natural Resources is vested with the
responsibility for overall sector oversight including policy formulation,
coordination and resource mobilisation.
One of the functions of the WRMA is to regulate and protect water resources
quality form adverse impact. The Act also provides for the classification of
water resources quality objectives in order to preserve the water quality of
each resource. The Act makes it an offence for a person to in any way cause
pollution in a water course or water resource by throwing, conveying or
permitting to be thrown any rubbish, dirt, refuse, effluent, trade waste or other
offensive material into the river or water resource. This controls the pollution
of water resources and ensuring effective disincentives and penalties for
pollution. The Act further provides that a licensee may construct and maintain
drains, sewers and other works for intercepting, treating or disposing of any
foul water arising or flowing upon such land or otherwise for preventing water
from being polluted. WRUAs and CAACs are mandated to monitor the
pollution of water resources in their areas.
Under the Water Act, the principle requirement for the Proponent will be to
apply for a water abstraction permit from the relevant water services board

and pay the requisite licensing fees. This will be applicable as the project will
require water for construction and operational purposes.
3.7 Wildlife Conservation and Management Act, Cap 376,

2013
This Act provides for the protection, conservation and management of wildlife
in Kenya. The provisions of this Act should be applied in the management of
the project. Part III Section 13 subsection (I) stipulates that any person who,
not being an officer of Kenya Wildlife Service hunts any animal in a National
Park, shall be guilty of a forfeiture offence and liable to a fine or
imprisonment. Subsection 2 of the Act likewise provides that any person who,
without authorisation conveys into a National Park, or being within the area
thereof, in possession of, any weapon, ammunition, explosive, trap or poison,
shall be guilty of a forfeiture offence. The Act provides that no person is
allowed to use any aircraft, motor vehicle or mechanically propelled vessel in
such a manner as to drive, stampede or unduly disturb any protected animal
or game animal. Therefore it will be prudent that the construction workforce is
conversant with the provisions of this Act when working within the MKFR.
3.8 The Forest Act, 2005
The Forests Act 2005, in the context of its general principles, provides for the
establishment, development and sustainable management, including
conservation and rational utilisation of forest resources for the socio-
economic development of the country. The Act recognises the importance of
forests for the benefits of soil and ground water regulation, agriculture and
their role in absorbing greenhouse gases.
The Act also recognises Community Forest Associations (CFAs), which

participate in forest conservation and management under the KFS. The Act
has specific provisions related to access rights and benefit-sharing
arrangements, which provide a role for communities in the utilisation of forest
resources and protection of forests. The Act has four priority areas related to
the management of forests, including 1) reducing pressure to clear forests for
agriculture and other uses 2) promoting the sustainable utilisation of forests 3)
improving governance in the forest sector and 4) the enhancement of carbon
stocks and reforestation of degraded lands.
Community participation as provided for under Section 46 of the Act should

be encouraged. The most appropriate would be initiation of participatory
forest management in these forest reserves so that the local community and

organization such as the NHP can have a significant input, with the KFS
playing a coordinating and guiding role.
3.9 Energy Act, revised 2012
The Energy Act of 2006 replaced the Electric Power Act of 1997 and the
Petroleum Act, Cap 116. The Energy Act, amongst other issues, deals with all
matters relating to all forms of energy including the generation, transmission,
distribution, supply and use of electrical energy, as well as the legal basis for
establishing the systems associated with these purposes. The Energy Act
also established the Energy Regulatory Commission (ERC), whose mandate
is to regulate all functions and players in the energy sector. One of the duties
of the ERC is to ensure compliance with environmental, health and safety
standards in the energy sector, as empowered by Section 98 of the Energy
Act, 2006. In this respect, the following environmental issues will be
considered before approval is granted:
 The need to protect and manage the environment, and conserve

natural resources; and
The ability to operate in a manner designated to protect the health and
safety of the project employees, the local and other potentially affected
communities.
An Environmental Impact Assessment Report (ESIA) approved by NEMA

must support licensing and authorisation to generate and transmit electrical
power.
Part IV Section 80(1) provides that a person shall not conduct a business of
importation, refining, exportation, wholesale, retail, storage or transportation
of petroleum, except under and in accordance with the terms and conditions
of a valid license.
Part IV Section 90 (1) stipulates that a person intending to construct a

pipeline, refinery, bulk storage facility or retail dispensing site shall before
commencing such construction, apply in writing to the ERC for a permit to do
so. The application shall specify the name and address of the proposed
owner, be accompanied by three (3) copies of plans and specifications and
be accompanied by an ESIA Report.
Part IV section 91(1) stipulates that the ERC shall, before issuing a permit
take into account all relevant factors including the relevant government
policies and compliance with Environment Management and Coordination
Act, 1999 and in particular the ESIA report as per Impact Assessment and
Audit Regulations 2003, the Physical Planning Act, 1996 and the Local
Government Act.

3.10 The Way Leaves Act Cap 292
According to the Way Leaves Act cap 292 Section 2, private land does not
include any land sold or leased under any Act dealing with government lands.
Section 3 of the Act states that the government may carry any sewer, drain or
pipeline into, though, over or under any lands whatsoever, but in so doing
may not interfere with any existing building. Section 8 further states that any
person who, without the consent of the Permanent Secretary to the Ministry
responsible for works (which consent shall not be unreasonably withheld),
causes any building to be newly erected over any sewer, drain or pipeline the
property of the Government, shall be guilty of an offence and liable to a fine of
one KSh 150, and a further fine of KSh 60 for every day during which the
offence is continued.
The Principal Secretary in the ministry may cause any building erected in
contravention of this section to be altered, demolished or otherwise dealt with
as he may think fit, and may recover any expense incurred by the
Government in so doing from the offender.
The developer will be expected to undertake the process of construction of

various structures of NHP in compliance with this Act.
3.11 The Land Acquisition Act, Chapter 295 Laws of

Kenya, 2012
The Act provides for the compulsory or otherwise acquisition of land from
private ownership for the benefit of the general public. Section 3 states that
when the Minister is satisfied of the need for acquisition, notice will be issued
through the Kenya Gazette and copies delivered to all the persons affected.
Full compensation for any damage resulting from the entry onto land to do
things such as survey upon necessary authorisation will be undertaken in
accordance with section 5 of the Act. Likewise, where land is acquired
compulsorily, full compensation shall be paid promptly to all persons affected
in accordance to sections 8 and 10 along the following parameters:
i. Area of land acquired;

ii. The value of the property in the opinion of the Commissioner of land
(after valuation);
iii. Amount of the compensation payable;
iv. Market value of the property;
v. Damages sustained from the severance of the land parcel from the
land;

vi. Damages to other property in the process of acquiring the said land
parcel;
vii. Consequences of changing residence or place of business by the land
owners; and
viii. Damages from diminution of profits of the land acquired.
Part II of the Act allows for the temporary acquisition of the land for utilisation
in promotion of the public good for periods not exceeding five years. At the
expiry of the period, the Commissioner of Land shall vacate the land and
undertake to restore the land to the condition it was before. Any damages or
reduction of value shall be compensated to the landowners.
Land for construction of the power plant and penstock will be acquired from
the community members, the developer will be required to adhere to the
requirements of this act during land acquisition.
3.12 International standards and guidelines
3.12.1 IFC Performance Standards

IFC’s Sustainability Framework articulates the IFC strategic commitment to
sustainable development, and is an integral part of IFC’s approach to risk
management. The Performance Standards provide guidance on how to
identify risks and impacts and are designed to help avoid, mitigate, and
manage risks and impacts as a way of doing business in a sustainable way,
including stakeholder engagement and disclosure obligations of the developer
in relation to project-level activities.
In the case of its direct investments (including project and corporate finance
provided through financial intermediaries), the IFC requires its borrowers to
apply the Performance Standards to manage environmental and social risks
and impacts so that development opportunities are enhanced.
Together, the eight Performance Standards established for the developer to

meet throughout the life of an investment are:
1) Performance Standard 1: Assessment and Management of Environmental

and Social Risks and Impacts
Performance Standard 1 highlights the importance of managing

environmental and social performance throughout the life of a project by
developing and implementing an effective Environmental and Social
management System (ESMS). It provides guidelines on the contents and
process of developing an effective ESMS.

2) Performance Standard 2: Labour and Working Conditions
Performance Standard (PS) 2 stresses on labour management as a key

component in any project. It offers guidelines in relation to employment
creation and income generation in a manner that protects the rights of the
workers.
3) PS 3: Resource Efficiency and Pollution Prevention
Due to increased economic activity and urbanisation, which often generate

increased levels of pollution to the environment, PS3 requires that any
developer should incorporate approaches that will help minimise pollution and
enhance resource efficiency throughout the life cycle of a project.
4) PS 4: Community Health, Safety, and Security
PS 4 stresses the protection of the affected people from the project activities.
Any developer should identify the risks the project poses to the community
and mitigate them.
5) PS 5: Land Acquisition and Involuntary Resettlement1
PS 5 recognises that project-related land acquisition and restrictions on land

use can have adverse impacts on communities and persons that use this
land. Involuntary resettlement refers both to physical displacement (relocation
or loss of shelter) and to economic displacement (loss of assets or access to
assets that leads to loss of income sources or other means of livelihood) as a
result of project-related land acquisition and/or restrictions on land use.
6) PS 6: Biodiversity Conservation and Sustainable Management of Living

Natural Resources
PS 6 stresses the need to protect and conserve biodiversity, maintain

ecosystem services and sustainably manage living natural resources for
sustainable development.
7) PS 7: Indigenous Peoples2
PS 7 applies to communities or groups of indigenous peoples who maintain a

collective attachment, i.e., whose identity as a group or community is linked to
distinct habitats or ancestral territories and the natural resources therein. This
PS would not be applicable to the NHP as there are no such communities
within the project’s sphere of influence.
1
Involuntary resettlement is not applicable to this project
2
Not applicable to this project

8) PS 8: Cultural Heritage
PS 8 recognises the importance of cultural heritage for current and future

generations. Consistent with the Convention Concerning the Protection of the
World Cultural and Natural Heritage, this Performance Standard aims to
ensure that clients protect cultural heritage in the course of their project
activities.
The Performance Standards provides NHPL with guidance on how to identify

risks and impacts and how to avoid, mitigate, and manage risks in all phases
of the NHP implementation. All the performance standards apart from PS 7
will be applicable in case of the NHP.
A summary of the applicability opf the IFC performance standards is

contained in
Table 7.
Table 7: Summary of applicability of IFC performance standards
Performance Standard Applicability

1. Assessment and Management Applicable. The project requires an environmental and social impact
of Environmental and Social assessment (ESIA) according to the Kenyan Environment (Impact
Risks and Impacts Assessment and Audit) Regulations, 2003 as provided for under
section 147 of the EMCA and similarly requires an ESIA under the
IFC PS 1.
2. Labour and working conditions Applicable, since locally resident people may be employed by the
project, particularly during construction. The contractor will probably
import workers and the employment of such workers would also be
subject to IFC PS 2.
3. Resource efficiency and Applicable, in so far as the choice of alternative construction

pollution prevention materials and construction methods may have a bearing on the level
of impact on the natural ecosystem/
4. Community health, safety and Applicable, since there are human settlements in close proximity to
security the proposed construction site. Construction traffic will use public
roads that traverse the settlements and the safety of local people who
will be employed on the project needs to be considered.
5. Land acquisition and Not applicable (see paragraph 6 under PS 5), since land to be used
involuntary resettlement by the project was acquired through voluntary land transactions with
the former owners.

6. Biodiversity conservation and Applicable, since the upper portion of the project (buffer tank, low
sustainable management of pressure pipeline, desanding structure and weir) will be situated in a
living resources natural forest and within the Mt. Kenya Forest Reserve, and since thr
project could potentially influence protected species such as the
African Elephant.
7. Indigenous peoples Not applicable, since there are no indigenous peoples in the project
area
8. Cultural heritage Applicable, since grave sites have been identified within the project’s
area of influence.
3.12.2 IUCN Advice Note on EIA

The World Heritage Advice Note on Environmental Assessment (IUCN, 2013)
is intended to provide states and other stakeholders with guidance on
integrating assessment of the impacts on natural world heritage sites within
Environmental Assessments. Effective integration of World Heritage Sites in
these processes is critical to ensuring that the potential adverse impacts of
development proposals on a site’s outstanding universal value and
alternatives to these proposals are fully considered in decision-making.
It advises that all development proposals and/or concessions that could lead
to development proposals, which may affect the Outstanding Universal Value
(OUV) of a World Heritage Site should be submitted by states Parties to the
World Heritage committee via the UNESCO World Heritage Center before a
decision on their funding, permitting or implementation is taken by the state
Party in line with the UNESCO Operational Guidelines (IUCN, IUCN World
Heritage Advice Note (draft), 2013).
Some components of the NHP will be constructed within MKFR, which is a

buffer zone of the MKWHS. Therefore, the proponent will be required to
submit the project proposal to the UNESCO World Heritage Center via the
KWS. This project proposal will be submitted together with the ESIA report
The advice note also offers a guideline on World Heritage Assessment

through eight principles, where Environmental Assessments failing to meet
these principles are unlikely to constitute an adequate basis for decision-
making.

3.12.3 International protocols, agreements and treaties

Kenya is a party to various international environmental and social
development agreements that advocate for environmental conservation and
better working conditions. Table 8 Table 9below identifies relevant
international environmental and social development agreements to which
Kenya is a party. Kenya is also a signatory to a range of International Labour
Organisation fundamental (and other) conventions, which are summarised in
Table 9.
Table 8: International environmental agreements relevant to Kenya
Issue Convention and Objective Summary
Biodiversity International Plant Protection To prevent the spread and

Convention - new revised text introduction of pests of plants and
approved by Resolution 12/97 of plant products and to promote
the 29th Session of the FAO measures for their control.
Conference in November 1997 –
Declaration
Convention on Biological To ensure the conservation of

Diversity biological diversity; the sustainable
use of its components and the fair
and equitable sharing of the benefits.
Convention on the Conservation To protect migratory species of wild

of Migratory Species of Wild animals and their habitat.
Animals (Bonn Convention)
Convention on International To ensure that international trade in

Trade in Endangered Species of specimens of wild animals and plants
Wild Flora and Fauna does not threaten their survival.
Climate Kyoto Protocol to the UN To reduce or limit the emission of

Change Framework Convention on gases contributing to the
Climate Change "greenhouse effect" and causing
climate change in the industrialised
countries
United Nations Framework To achieve stabilisation of

Convention on Climate Change greenhouse gas concentrations.
Cultural UNESCO Convention concerning To ensure that effective and active

the Protection of the World measures are taken for the

Issue Convention and Objective Summary

Cultural and Natural Heritage protection, conservation and
presentation of the “cultural and
natural heritage" on its territories.
UNESCO Convention for the To safeguard and ensure respect for

Safeguarding of the Intangible the world’s Intangible Cultural
Cultural Heritage Heritage, including raising
awareness of the importance of
intangible heritage and encouraging
international cooperation and
assistance.
Democracy Partnership agreement between To promote and expedite economic

the members of the African, growth with a view to contributing to
Caribbean and Pacific (ACP) peace and security and to promoting
Group of States of the one part, a stable and democratic political
and the European Community environment.
and its Member States, of the
other part, signed on 23 June
2000 - Protocols - Final Act -
Declarations
Desertificati United Nations Convention to To combat desertification and

on Combat Desertification in mitigate the effects of drought with a
Countries Experiencing Serious view to achieving sustainable
Drought and/or Desertification, development.
Particularly in Africa
Ozone Amendment to the Montreal To ensure effective protection of the

Protocol on substances that ozone layer by regulating trade in
deplete the ozone layer, adopted substances that depletes it.
at the ninth meeting of the
Parties
Waste Basel Convention on the control To lay down obligations with regard
of trans boundary movements of to ensuring that the trans-boundary
hazardous wastes and their movement of wastes is reduced to
disposal the minimum consistent with the
environmentally sound and efficient
management of such wastes.

Table 9: International Labour Organisation (ILO) fundamental and other

conventions
Issue Convention Summary Application in Kenya
Women’s International Labour Organisation These conventions set The principles and
Rights (ILO) Convention No. 89 on out basic principles rights set out in these
Women’s Rights and Working and rights at work in conventions are
Conditions regard to gender generally adopted in
equality. the 2010 Constitution
ILO Discrimination (Employment and in Kenya’s
and Occupation) Convention 1958 Employment Law,
(No. 111) 2007, plus the
Industrial Relations
United Nations Convention on the Act, 2007, the
Elimination of all Forms of Workers’ Injury
Discrimination Against Women Benefit Act, 2007; and
the Occupational
ILO Worst Forms of Child Labour Safety and Health Act,
Convention, 1999 (No. 182) 2007.
ILO Child Rights and Working

Conditions Convention No. 90
ILO Forced Labour Convention,

1930 (no. 29)
ILO Abolition of Forced Labour

Convention, 1957 (No. 105)
Labour ILO Right to Organize and These conventions set

Rights Collective Bargaining Convention, out basic principles
1949 (No. 98) and rights at work in
regard to
ILO Freedom of Association and representation.
Protection of the Right to Organize
Convention, 1948 (no. 87)*3
Occupationa ILO Occupational Safety and These conventions set

l Health and Health Convention, 1981 (No. 155) out basic principles
Safety and rights at work in
regard to workplace
health and safety
management.
3
Kenya has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (no.87).

4. Approach to undertaking the ESIA Study
4.1 Objectives of the ESIA
Under the Second Schedule of the EMCA, an ESIA is mandatory for a project
that is outside the character of its surroundings. The purpose of an ESIA is to
provide information to regulators, the public and other stakeholders to aid the
decision-making process. The objectives of an ESIA are to:
 Define the scope of the project and the potential interactions of project

activities with the environment (natural and social);
Identify relevant national and international legislation, standards and
guidelines and to ensure that they are considered at all stages of project

development;
Provide a description of the proposed project activities and the existing
environmental and social conditions that the project activities may interact

with;
Predict, describe and assess impacts that may result from project
activities and identify mitigation measures and management actions to
avoid, reduce, remedy or compensate for significant adverse effects and,
where practicable, to maximize potential positive impacts and

opportunities; and
Provide a plan for implementation of mitigation measures and
management of residual impacts as well as methods for monitoring the
effectiveness of the plan.
4.2 Approach to the ESIA
The study has been guided by the requirements of the EIA Regulations set
out in terms of the Environment Management and Coordination Act, 1999
(EMCA).
The ESIA process consists of two phases, namely the Environment Project
Report (EPR) phase and the detailed Environment and Social Impact
Assessment phase. In undertaking this ESIA Study, the approach adopted
has taken cognizance of the following:
 The regulatory requirements and need for authorization from the NEMA
prior to commencing the project;
 The involvement of regulatory authorities as follows:
o Invitations to and meetings with key authorities;

o Notification of stakeholders during the consultation stage of the project;

and
o Submission of the EIA Study to the NEMA for consideration.
 The need for a flexible and appropriate public involvement program; and
 The need for an assessment of environmental and social impacts and
development of recommendations for management of impacts.
4.3 Scoping
The overall aim of the Environment Project Report (EPR) phase (scoping
study) was to determine whether there are environmental issues and impacts
that require further investigation in the EIA. The proposed project was
registered by submitting the EPR Study to NEMA on 27 March 2015. NEMA
issued registration number NEMA/PR/5/2/13570 to the project. NEMA
approved the EPR on 27 May 2015.
The objectives of the EPR phase were to:
 Develop a common understanding of the proposed project with the

authorities and stakeholders;
Identify stakeholders and engage them on the proposed project and

processes;
Provide stakeholders with the opportunity to participate in the process and

identify issues and concerns associated with the proposed project;
Identify potential environmental impacts that will require further study in

the impact assessment phase of the EIA process; and
Develop a terms of reference (TOR) for conducting the EIA Study.
The range of specialist studies undertaken during the EIA phase were
informed by the issues identified in the final Environment Project Report
(EPR) Study. Results from these studies have been incorporated into the EIA
Study, particularly into the description of the affected environment and impact
assessment.
4.4 Baseline Data Collection
For the EIA, baseline data was obtained from the following sources.
 Aurecon project related information from the pre-feasibility reports; and

 Appropriate baseline surveys conducted between August and December
2014 to characterise the baseline environment.

4.5 Public/stakeholder engagement
A total of sixteen stakeholder consultation meetings were held between June

and October 2014. The meetings were held in Nairobi, Chuka Town and
within villages affected by the project. A further series of meetings with the
public and key stakeholders was held in May 2015, during which the findings
of ESIA and specialists studies were disclosed.
Issues and response reports were generated for each of the meetings and
have been incorporated in the environmental and social impact assessment
section of this report.
The public/stakeholder meetings were conducted to ensure that stakeholder

engagement was undertaken in an inclusive manner and provided important
input to the EIA process. The objective of engagement is to ensure that
sources of existing information and expertise are identified, legislative
requirements are met and that stakeholder concerns and expectations are
addressed.
4.6 Key issues raised during stakeholder consultations
Public/stakeholder meetings form an integral part of the ESIA process.

Various types of meetings were held with respect to the proposed project.
These included stakeholder meetings with politicians and other community
members, focus group meetings with the youth and women and one-on-one
meetings.
The most common issues raised by the public include:
 Economic issues (employment, economic benefits, etc.);

 Ecological issues (impacts on terrestrial ecology);
 Health, safety and security arising from the operation of the new project;
 Maintenance of water supply currently provided by the Kamwene Water
Supply Project within the project’s area of influence; and
 Social issues (conflicts over job opportunities, disruption of infrastructure
and services, etc.).
These issues informed the specialist studies and the detailed environmental
assessment.

4.7 Impact Assessment
The impact assessment process followed four steps namely:
(1) Identification and prediction of potential environmental and social impacts

as a consequence of project activities;
(2) Evaluation of the importance and significance of the impact using a matrix;
(3) Development of mitigation measures to manage significant impacts, where
practicable; and
(4) Evaluation of the significance of the residual impact.
The impact assessment considered both predictable and unpredictable

impacts (such as accidents). Impacts were assessed as either significant or
not significant; those that were assessed as significant were further rated as
being of minor, moderate or major significance. For significant impacts,
mitigation measures were developed to reduce the residual impacts to as low
as reasonably practicable (ALARP) levels. This approach took into account
the technical and financial feasibility of mitigation measures.
The purpose of impact assessment is to assign relative significance to

predicted impacts associated with the project, and to determine the manner in
which impacts are to be avoided, mitigated or managed. The potentially
significant environmental impacts were identified based on the nature of the
receiving environment, a review of the proposed activities, and the issues
raised in the public participation process.
4.8 Mitigation
Measures to avoid, reduce or manage impacts consistent with best practice

will be proposed and the effectiveness of such measures assessed in terms
of their ability to avoid, remove an impact entirely, render it insignificant or
reduce its magnitude.
In assessing the significance of the impact, natural and existing mitigation will
be taken into account. Natural and existing mitigation measures are defined
as natural conditions, conditions inherent in the project design and existing
management measures that alleviate (control, moderate or curb) impacts. In
addition, the significance of impacts will be assessed taking into account any
mitigation measures that are proposed.

4.9 Environment and Social Management Plan (ESMP)
An Environmental and Social Management Plan (ESMP) has been prepared

and is provided in Section 10 of this report. This plan specifies the methods
and procedures for managing the environmental aspects of the proposed
development. Monitoring requirements are also detailed within the plan,
particularly for those environmental aspects that give rise to potentially
significant impacts.
The purpose of the EMP is to ensure that social and environmental impacts,
risks and liabilities identified during the EIA process are effectively managed
during the construction, operation and closure of the proposed project. The
EMP specifies the mitigation and management measures to which the
proponent must be committed, and shows how the project will mobilize
organisational capacity and resources to implement these measures. It also
shows how management measures aimed at mitigation and enhancement will
be scheduled.
The ESMP is a living document that will be periodically reviewed and

updated. It may be necessary to update the version presented in this ESIA
Study during the detailed design phase, prior to the commencement of
construction.
Responsibility for the ESMP will reside in the proponent’s Resident Engineer
for the project, but there will be links with other functions in areas such as
operation and maintenance.
4.10 Reporting and Disclosure
The EIA process and outcomes are drawn together into an ESIA Study, which
will be submitted to NEMA for review. In accordance with Kenyan EIA
requirements, NEMA is expected to disclose the ESIA Study to the public for
review and comment for a period of 30 days. NEMA will base the decision to
grant or deny the EIA License for the project on the outcome of the review
process.
Figure 13 schematically illustrates the various elements of the EIA process

for the proposed project and the sequence in which they occur.

Figure 13: The Environmental Impact Assessment Process
Project Initiation Phase
Environment Project Report (EPR)

Phase
Reconnaissance visit
Public/stakeholder meetings
PUBLIC STAKEHOLDER CONSULTATION

Final EPR Study Report
REVIEW BY NEMA
Decision to proceed with the ESIA
Develop TOR for ESIA
ESIA Phase
Specialist studies
We are here Final ESIA Study Report
Kenya Gazette/Newspaper Adverts
NEMA approval of ESIA Study (30

days)
Issuance of EIA License

5. Assumptions, limitations and gaps in knowledge
A gap analysis was done in order to determine the assumptions made in the
process of ESIA and the limits of the available project information. The
feasibility was complete by the time this ESIA was compiled. However the
ESIA was undertaken in parallel with the feasibility study, and this had a
number of benefits, such as integrating environmental aspects into the layout
and design and therefore ultimately encouraging a more environmentally
sensitive and sustainable project.
5.1 Assumptions
The planning for the proposed project is at a feasibility level and therefore
some of the specific details are not available at this stage of the ESIA
process. Consequently, the following assumptions were made;
 The Client has provided the Firm of Experts with sufficient information

regarding the project after settling on the final design.
Design features will be implemented to minimise the risks from
external factors that could threaten the integrity of the proposed
project. For example, the design will include measures to minimize the
threat of damage to the project through accidental and malicious third

party activity.
The public consultation process is still on-going and is focused on
identifying the critical issues that need to be addressed through
specialist investigations. Specialist input has thus been appropriately

scoped to investigate the critical issues.
The Proponent and their selected main contractor will implement the
measures contained in the ESMP. The ESMP will be revised as
necessary prior to construction and/or operational activities to include

written plans, method statements and operational procedures.
A monitoring and evaluation system including auditing will be
established and operationalized to track the implementation of the
EMP. This will assist in ensuring that management measures are
effective to avoid, minimize and mitigate impacts and that corrective
action is being taken to address shortcomings and/or non-
performances.

5.2 Limitations
The key issues pertaining to the project including surface water,

hydrogeology, ecology, air quality and socio-economics have been assessed
and presented in this ESIA Study. ESIA is an iterative process and the
Proponent and its consultants will adopt a process of continual improvement
in managing and/or mitigating adverse environmental impacts arising from the
project. The ESMP will be used as a basis of environmental management and
will be improved and refined periodically.
5.3 Gaps
Current gaps in knowledge at the EIA phase include the following:
 The volumes of cut and fill are currently estimated and may change as
designs are refined.
o The total volumes of cut and fill for the access road to the power
house are approximated at 97,000m3 and 13,200m2
respectively, with approximately 84,000m3 being proposed to be
spoiled. It is estimated that approximately 15,000 m3 of the
spoiled material will be used for rockfill gabions along the low
pressure pipeline, leaving a net amount of 70,000m 3 for spoil
below the access road (this would be seeded with appropriate
vegetation to avoid erosion);
o The total excavation required for the low pressure pipeline is
estimated at 33,750m3, based on a length of 4,500m, width of
2.5m and depth of 3m;
o The estimated total wearing course for the access road over the
low pressure pipeline is 2,700m3 (based on a length of 4,500m,
width of 4m and thickness of 150mm). This material will come
from existing borrow pits outside the project’s immediate area of
influence; and
o The estimated total wearing course for the access road to the
buffer tank is 1,250m3 (based on a length of 1,500m, width of
5.5m and thickness of 150mm). This material will come from
existing borrow pits outside the project’s immediate area of

influence.
Construction of the project is yet to begin and therefore specific details
of certain activities such as number of employment opportunities

created may be subject to change;
While the development is designed to significantly mitigate risks
through compliance with the latest electrical and building safety

standards, the possibility of incidents resulting in fires and failure of

structures cannot be ruled out.

6. Public/stakeholder consultation process
In order to ensure that the interests of the community, the Project Affected
Persons (PAPs) and the public at various levels, are addressed and
incorporated into the design of the project, a consultative-participatory
approach was adopted to shed more light on the project components,
implementation activities, and to explain the likely impacts from the project.
As part of the ESIA Study, a comprehensive public/stakeholder consultation
process was carried out at national and county levels with the various
government ministries and departments, regulatory lead agencies and
members of the various communities. The consultations were in form of one
on one meetings, workshops and barazas.
In June 2014, KTL undertook a comprehensive stakeholder mapping exercise

using a power/interest matrix and classified the stakeholders based on their
level of interest and the power. A list of the potential stakeholders was drawn
for both the national and county level.
The scoping consultations meetings were held from May 2014 to the
December 2014 at both national level and county level. These meetings were
organised through official letters, emails and phone calls two weeks prior to
their commencement.
The consultations that were held at national level in Nairobi were with the
various government lead agencies such as NEMA, KWS, WRMA, ERC and
Kenya Power. At the county level meetings were held with the various county
lead agencies such as NEMA, KFS, KWS and the Kenya National Bureau of
Statistics (KNBS). Subsequent to this, several one on one meetings and
workshops were held with other key stakeholders such as the Deputy
Governor, MCAs and CBOs, e.g. Kamwene Water Project.
Full records of the views and concerns aired by the stakeholders were
captured and recorded in minutes and an issues and response report (IRR).
6.1 Identification of interested and affected persons
As part of its processes, KTL undertook a Social Assessment of the study

area in June 2014. The process involved meetings with area local authorities
who are in charge of the area such as The Governor, County Commissioner,
Chief and Assistant Chief, village headmen and elders as well as the relevant
lead agencies to the proposed project such as Physical Planner, NEMA
official and Public Health Officer.

The above process yielded that there are about 16 villages within the project
area and eight that lie within the proximity of the project that are defined as
interested and affected parties (I&APs).

Figure 14: Transmission line options and substation in relation to the power station location
PROPOSED LOCATION OF
POWER STATION
TRANSMISSION LINE
OPTIONS
MARIMA
SUBSTATION

Draft ESIA Report- Nithi Hydro Power Project
6.2 Notification of the project
The communities were notified of the project through various stakeholder

meetings with the various community representatives. Diagrammatic
presentations were used during the presentations in form of maps, power
point presentations and videos.
NHPL has employed a CLO who works closely with the community to ensure
that there is a strong link between the community and the proponent and that
all concerns raised by the community in regards to the project are addressed.
6.3 Background Information Document
KTL produced a hard copy Background Information Document (BID) in

English and distributed it to all I&APs that were interested in receiving it. The
BID briefly describes the proposed project and explains the EIA process. The
BID is provided in Appendix 1 of the SIA report
6.4 Public meetings
A number of public/stakeholder consultation meetings were held from 15 May

to 3 October 2014. Further meetings during the EIA phase were held from 26
to 29 May 2015. The meetings held are summarised in Table 10.

Table 10: Table showing meeting dates venues and stakeholders
Meeting date Description of stakeholder and venue

May 15th, 2014 One-on-one meeting with NEMA in Chuka
May 16th, 2014 One-on-one meeting with NEMA in Nairobi
May 29th, 2014 One-on-one meeting with KWS in Nairobi
June 6th 2014 One-on-one meeting with KWS in Nairobi
July 4th 2014 One-on-one meeting with WRMA in Nairobi
July 8th, 2014 One-on-one meeting with ERC in Nairobi
July 15th, 2014 Workshop with various lead agencies at Chuka
September 5th 2014 One-on-one meeting with KPLC in Nairobi
September 29th 2014 One-on-one meeting with the MCAs at Chuka
September 30th 2014 Public meeting with community representatives at Chuka
October 1st 2014 Public meeting with community representatives at Mitheru
October 2nd 2014 One-on-one meeting with the Deputy Governor at Tharaka
Nithi
Date? Meeting with Kamwene Water board members at Chuka
October 3rd 2014 One-on-one meeting with the KFS at Chuka
May 26th 2015 Public meeting with community members at Giampampo
May 27th 2015 A workshop with Chuka area lead agencies at Mitheru
(Nithi Gerish Hotel)
May 28th 2015 Public meeting with community members at
Karingagankoru
May 29th 2015 Public meeting with community members at Mitheru
At each meeting, the presentation introduced the project to those in

attendance, enabled I&APs the opportunity to discuss their perceptions about
the potential environmental and social impacts and I&Aps were provided with
an opportunity to discuss/highlight/raise any concerns or issues that they
have with regards to the project with the ESIA team.
6.5 Submission of final EPR
The Final EPR Study was submitted to NEMA for a decision on whether the
project may proceed to the Assessment Phase on 27 March 2015. NEMA,
after reviewing the EPR, advised the developer to undertake a full ESIA
study.
Kurrent Technologies Ltd, March 2015. Page 72

6.6 Submission and Approval TOR
After the approval of EPR by NEMA, a TOR for the study was developed and
submitted to NEMA on 8 June 2015. NEMA approved the TOR on 11 June
2015.
6.7 Summary of comments and responses
The key stakeholder views captured during the stakeholder consultations are
summarised in Table 11 below.
Table 11: Summary of Issues and responses during the stakeholder consultations
Subject Issue Response

1. Employment and Number of employment There will be about 150-250 employment opportunities
income generating opportunities during the during the construction phase and about 15 during the
activities construction and operation operational phase. The available opportunities will
stage and what will be done include labourers, security guards, cleaners, welders
to ensure those employed and electric engineers among others.
earn a fair wage.
2. Resettlement What will be done to There would be no physical resettlement of people as
compensate those who may no dwellings exist within the proposed footprint on the
be resettled? project.
3. Community water Whether the community water The current proposal is for a water offtake point to be
infrastructure infrastructure will be repaired provided at the buffer tank. This will supply a reliable
or replaced. source of water to the members of the community that
are currently reliant on the Kamwene Water and
Sanitation Project. From the buffer tank, the NHP will
provide a pipe to the existing reservoir of the Kamwene
Water Supply and Sanitation Project.


4. Community Whether the community will Electricity will be taken to the national grid as the power
electrification be supplied with electricity. purchase agreement will require the project developer
to supply electricity to the national power grid. The
developer is not permitted to supply electricity directly
to the community4
5. Permit Whether all permits have A schedule and timetable is set in place to ensure
applications been processed. timely applications and processing of permits. The
various permits relevant to the project will be processed
in adequate time to avoid delays and stoppages. This
report includes a list of relevant authorisation that need
to be obtained in section 4.
6. Land acquisition Whether there are those who Due process was followed through mutual agreements
will lose their land as a result with land owners for the purchase of land that will be
of the project. affected by the project. There will be a need to acquire
parcels of land for constructing some of the elements of
project infrastructure such as the penstock and power
house.
7. Impact on wildlife How the project will impact on The most significant potential impact on wildlife with be
wildlife the disruption to the movement of elephants through
the forest. The construction activities will cause noiase,
will disturbed them and the trentch for the pipeline will
act as a barrier to their movement during construction.
Mitigation measures relating to the timing of
construction have been recommended. It isd also
recommendeds that the least possible length of
excavation for the pipeline be left open at any one time.
4
Up until now, according to the law, KPLC was the sole distributor of power. The new Energy Act now allows
other energy distributors to operate in the country, but it has been difficult, if not impossible, to break KPLC’s
monopoly.


8. Impacts on the will be any loss of trees and Some clearance of trees may be required for the low
trees and forest forest cover as a result of the pressure pipeline, desanding structure and buffer tank,
cover project. as all these will be located within the MKFR. However,
the choice of construction method for the low pressure
pipeline (see section 2.4.3) ensures that the minimum
clearance of trees will be required, since the proposed
construction servitude will be limited to a width of 15m.
The proposed low construction material for the low
pressure pipeline (see section 2.4.2) further ensures
that the pipeline alignment can be adapted to avoid
large trees. It is recommended that a full botanical
survey of trees must be done prior to construction and
that no trees with trunk diameters of more than 30cm at
waist height may be removed without KFS approval.
9. Stakeholders How the stakeholders were A stakeholder mapping exercise was undertaken to
engagement identified. identify all relevant stakeholders based on power and
progress interest (power/interest matrix). All relevant
stakeholders have been identified and consulted as
part of the ESIA process. Consultation will be on going
through the lifetime of the project.
10. Noise and What will be done to address The noise generated during operation of the turbine is
vibration impacts the issue of noise during the expected to be insignificant. The power station will be
operation phase? located at the bottom of the valley, approximately 300
meters from the closest residences. The distance and
topographical position will diminish the noise.
Furthermore, the turbine will be housed inside a closed
structure.
11. Air pollution What will be done to address During the construction phase there will be minimal air
impact the issue of air pollution? pollution arising from dust generated by the moving
vehicles, excavation process and transport of
construction materials. The proponent will ensure the
contractors adhere to the National Environment
Management Authority (NEMA) regulations and IFC
guidelines on air emission and ambient air quality.
There will be negligible air pollution during the
operational phase.


12. Impacts on the How the project will affect the An assessment regarding the water use and the impact
aquatic aquatic environment on aquatic ecology in the river has been carried.
environment Project design will be based on a suitable
environmental flow that takes into consideration
prevailing socio-environmental water uses and
demand. The diversity of aquatic organisms in the Nithi
River is very low. There is a waterfall of 3-4m
approximately 200m upstream of the position of the
proposed powerhouse. This waterfall acts as an
impenetrable barrier to the upstream migration of fish in
the river. Thus, the project will not result in a hitherto
non-existent impact as far as fish migration is
concerned.
13. Impacts on How the project will affect NHPL has acquired former agricultural land for the
agriculture agriculture construction of the power house and penstock on a
willing-buyer, willing seller basis.
The proposed access road to the power house will
result in the loss of some agricultural land, as a road
wayleave / right of way will be established on this land.
Landowners will be compensated for this loss of land in
accordance with legal requirements.
14. Archeological and What will be done to ensure Archeological studies have been undertaken and the
cultural heritage the project does not tamper findings reveal that there will be no destruction of any
resources with any archeological and archeological and cultural heritage sites within the
cultural heritage resources? project footprint.
The only resources that could be potentially be
disturbed are graves, which occur within the area
that may be disturbed by the penstock. The first
priority will be to avoid these graves. Should it not
be possible to avoid them, arrangements will be
made with the next of kin to move the remains in
accordance with legal requirements and religious /
cultural traditions.
15. Upgrading of the Whether the access road to A narrow access road on top of the low pressure
access road the pipeline will be upgraded. pipeline is proposed to reduce the footprint on the
environment. The existing dirt road within the forest will
be upgraded up to the position of the buffer tank, but
will not be significantly widened or tarred.


16. Safety during the How the occupational Proponent will ensure adherence to OSHA 2007 and
construction stage hazards will be addressed IFC Performance Standard 2 relating to labour and
during the construction stage. working conditions. Workers will receive training on
safety requirements and will be required to use
appropriate personal protective equipment appropriate
to the type of hazard theyt will encounter in their work.
The local community will also be sensitised about
hazards related to the construction project, including
the spread of sexually transmitted disseases and traffic
safety hazards.
17. Commencement Duration and commencement The project is expected to commence once all the
and duration of of the project regulatory approvals have been obtained e.g. NEMA
the project EIA approval. Construction is expected to take two
years from the time of commencement.
18. Use of explosives Whether there will be It is proposed that crushed stone will be obtained from
for stone explosives used during the existing commercial sources outside the project’s
extraction construction stage footprint and transported to the project. No new borrow
pits are proposed to be established as part of the
project.
There may be limited blasting along the low-pressure
pipeline route during construction, should there be rock
outcrops or hard excavations that require this. Should
this be necessary, low-impact blasting methods (e.g.
blasting blankets) will be used. This involves blasting
with a covering of soil or sock, such that no flying rock
generated and such that noise is kept to an absolute
minimum. Other methods such as micro-charges can
also be used. The contractor will be required to develop
a method statement and this method statement will
have to be approved by an independent environmental
monitor prior to any blasting taking place.
19. Health and safety Measures that will be put in The contractor will ensure all employees are provided
place to ensure the health with and use the appropriate Personal Protective
and safety of the construction Equipment (PPE) and are well trained on Health and
workers Safety
20. Location of the Whether the will a be a The contractor will have a site office on the project land
site office project site office acquired by the proponent.
21. Opportunities for Whether the disabled people The contractor will abide by all the statutory labour laws
the disabled will also be considered for the which ensure there are safeguards against any form of
job opportunities discrimination.


22. Fish breeding Measures should be taken to A fish survey was undertaken as part of the ecological
sites ensure the project does not studies and appropriate mitigations recommended. See
interfere with the fish response to point 12 above.
breeding sites
23. Power generation Whether the power will still be Energy output modeling was done as part of the
during the dry generated during the dry feasibility studies to ensure optimum power generation
spells spells of water possible during wet and dry seasons. However, the
project cannot guarantee that it will produce power
under circumstances of very low flow during an
extreme drought.
24. Department of Proposal that a department of The request has been noted and will be forwarded to
extension services extension services be formed NHPL for its consideration.
to work with the community in
promoting farmers and value
addition to their agricultural
products
25. Fish farming Proposal that a fish pond be The request has been noted and will be forwarded to
constructed for the NHPL for its consideration.
community as part of
Corporate Social
Responsibilities (CSR)
activities

7. Description of the affected baseline

environment
7.1 Site location and surrounding land use
The proposed project will be developed along Nithi River which is in Maara
Constituency, Tharaka Nithi County. The project site is approximately 7.5 km
from Chuka town and the intake will be located approximately 5km into the
Mount Kenya Forest Reserve (MKFR).
The core project structures will stretch from the point of intake structure which
is within the MKFR) to where the power station will be located i.e. in the
community settlement area. The OTL will extend 10km eastwards towards the
Marima sub-station.
Aurecon is in the process of considering the most viable locations for the
various project structures. The coordinates for the possible structure sites is
as was summarised previously in Table 1 above. It must be noted that these
locations are approximate, as the locations differ between alternative layouts.
7.2 Biophysical environment
As indicated above, some sections of the proposed project will be constructed

within the MFKR, while a section will be located within the community
settlement area. Therefore, this section will describe the biophysical
environment of both the MFKR and the community area.
7.2.1 Physiography
The highest altitude of Tharaka Nithi county is 5,200m in
Chuka/Igambang'ombe and Maara while the lowest is 600m eastwards in
Tharaka. The main physical feature of the county is the 360 km2 of Mt. Kenya,
distributed between Maara and Chuka/Igambang'ombe constituencies.
Tharaka Nithi County has two distinct physiographic units; the slopes of Mt.
Kenya in the west and the Basement System terrain in the east. Part of these
slopes on the west is the Chuka area, which ascends up to about 2000 m,
with dissected slopes, which are classified as mountain footridges. The

mountain footridges are strongly dissected by perennial streams and rivers

such as the Nithi, Thuchi, Tungu, and Naka descending from Mt. Kenya.
Towards east the volcanic deposits become thinner and closely reflect the flat
landscape over which they spread widely. They form so-called uplands as a
transition from the mountain footridges to the Basement System area. The
Thuchi valley is the northern boundary of this plateau. The Basement System
terrain forms a dissected, rolling landscape, with slopes of 30% or more
forming into hills. Major hills found in the county landscape include Kiera,
Munuguni and Njuguni in Maara constituency and Kijege and Ntugi in
Tharaka constituency.
The project will be located on the western side of the county, which is
characterised by mountainous terrain and steeply sloping valleys.
7.2.2 Climate
Chuka County is located near the equator, which accounts for the minor
variations in monthly temperature and the occurrence of two rainy seasons,
which coincide with the passing of the Inter Tropical Convergence Zone.
There is a difference in altitude between east and west of about 1500 metres
and the altitude has a pronounced effect on the climate. With increasing
altitude, the amount of rainfall increases, and both temperature and
evaporation decrease. Annually four different seasons can be distinguished,
notably a short dry season in January and February, a long rainy season from
March to May, a long dry season from June to September and a short rainy
season from October to December. At higher altitudes the rainy periods start
20 to 30 days earlier than in the lower parts of the area. During the long dry
season, especially in July, the area tends to have a persistent cloud cover,
which results in a relatively low temperature and evaporation.
The rainfall varies from an annual average of almost 2200 mm in the very
western part of the area to less than 750 mm near the Tana River in the
eastern part of the area. During the long rains, from March to May, most rain
falls in April. The short rains, from October to December, have November as
its wettest month. Most of the precipitation, during all seasons, falls in
showers of short duration and high intensity.
Average temperatures in the highland areas of Tharaka Nithi County range

between 14oC to 30oC, while those of the lowland area range between 22oC
to 36oC. Tharaka ((MPA), 2011), which lies at a lower altitude, experiences
temperatures of up to 400C.

Figure 15: Average monthly rainfall (mm) from three weather stations near the project site
500
450
400
Jan
Feb
350
Mar
Apr
300
May
250 Jun
Jul
200 Aug
Sep
150
Oct
Nov
100
Dec
50
0
Chogoria Chuka Ishiara

Figure 16: Chuka region climatic map showing the variation of climatic zones with
altitude and location of weather stations
Chogoria
Chogoria
Project
Projectsite
site
Chuka
Chuka
Ishiara
Ishiara
Upper eastern moist zone Eastern moist intermediate Eastern Warm Zone
zone
7.2.3 Geology and soils

Soils in the Chogoria sector of Mount Kenya are related to plant distribution
and they are have a sandy clay loam texture, are acidic with low
exchangeable cations, except at the forest edge, where they are more clayey.
The topsoil are acidic with pH ranging from 3.4 to 5.7 and there is an
altitudinal increase of pH (Kenya Wildlife Service, 2009).
The relatively high sand content of the soil samples (averages about 50
percent) means the soil permeability is quite high, thus making them
vulnerable to pollution in case of any petroleum leak or spill at the proposed
site during construction or in its operational stage.

The soils and geological data from geology and soil study indicate that the
area in which the Nithi Mini Hydro power facility has humic Nitisols, having
a dark (umbric) topsoil relatively rich in acid humic material. Also a large
area is covered by dystric Nitisols, having a more red topsoil with less
organic matter. The humic Nitisols are also found in the area covered by
MKFR where they have a high organic matter content in the B-horizon.
The volcanic deposits of the NHP area are closely related to the Rift Valley
development. The rocks below the project area comprises of the phonolite,
Kenyte, Trachyte, basalts and agglomerates. A fracture cuts across the
proposed weir site and care should be taken during construction of the
foundation.
The upper sub-surface geology of the project is vulnerable to erosion and

infiltration in the event of the spillage of contaminants and that in the event of
leakage or seepage, the groundwater is likely to be contaminated.
7.2.4 Hydrology
Aurecon assessed the hydroelectric power potential of Nithi River and
analysed its catchment characteristics and the discharge patterns including its
low and high flows. The results of this analysis are an important input into the
design process of the proposed Hydro-electricity facility and provide an
indication of its safe ability and hydrological consistency.
Nithi River Catchment Characteristics
As indicated in section 7.2.2 above the section of MKE where NHP will be
located has a typical equatorial mountain climate, with two wet and two dry
seasons caused by the Inter-Tropical Convergence Zone (ITCZ). The first wet
season extends from October to December, which is the dryer of the two wet
seasons, while March, April and May constitutes the second, wetter wet
season.
Nithi River flow Characteristics
The flow data for the Nithi River and other rivers/stream within the vicinity was
sourced from regional WRMA offices. In addition, the flow data at the Nithi
stream flow gauge station by NHPL was reviewed together maps compiled by
The World Health Organisation (WHO) and WRMA.
A gauge on the Nithi River is sited approximately 11 km downstream of the

proposed intake site. The catchment area at this gauge is 129 km2, which is

slightly larger than the powerhouse catchment area of 113 km2 and the intake
catchment area of 107 km2.
Table 12: Flow characteristics at the downstream flow gauge on the Nithi River
Station Catchment Flow Longitude Latitude Low Flow Mean

2
ID area (km ) Record Discharge Annual
3
(m /s) Discharge
3
(m /s)
4EBO1 129 1953- 37.6458 -0.2875 1.2 3.8

2003
Figure 17: The Nithi Catchment area upstream of the proposed power house
Environmental Flow
The flow regime of a river can be divided into base flows (low flows), small
floods that occur every year, and occasional large floods. Different regimes

maintain different parts of the aquatic ecosystem. The loss or degradation of

one component of a flow regime will affect a system differently than the loss
of some other component. The timing of the flow components within a year is
also important, since temperature and other cues play an important part in
ecosystem functioning. Temporal characteristics of the flow regime also have
an important influence on the overall character of a river ecosystem.
Fluctuations between low flows and small and large floods change conditions
through each day and season, creating mosaics of areas inundated and
exposed for different lengths of time. The more diverse the physical
conditions, the higher the biodiversity and the greater the resilience of the
ecosystem to disturbance.
Environmental flows are the water that is left in a river ecosystem, or released
into it, for the specific purpose of managing the condition of that ecosystem. It
is primarily concerned with the direct effects of flow on ecological functioning
of rivers and the management of water quantity. The Kenyan national water
policies and laws call for protection of a reserve in all aquatic ecosystems.
The reserve is generally defined as the minimum water levels that must be
left in the system in order to sustain, as a first priority, basic human needs
and aquatic ecosystems The Kenya Water Resources Management Act
(2002, defines the reserve “in relation to a water source, [as] that quantity and
quality of water required (a) to satisfy basic human needs for all people who
are or may be supplied from the water resource; and (b) to protect aquatic
ecosystems in order to secure ecologically sustainable development and use
of the water resource”. The Water Resources Rules of 2007 indicate that the
reserve quantity for streams and rivers, shall not be less than the flow value
that is exceeded 95% of the time as measured by a naturalised flow duration
curve at any point along the water course. Subsequently, where water
resource records are not available, the Water Resource Management
Authority shall establish the reserve guided by:
o Ecological vulnerability;
o Vulnerability of local populations dependent on that water resource;
o Local observations with respect to the naturalised flows or water levels
of minimum values observed during periods of prolonged droughts;
o In all instances where water flow is known to be normally perennial,
then the Reserve Quantity shall be sufficient to ensure perennial flow;
o Consultations with the water resource users associations, if such exist.
Approximately 4km pf the Nithi River will be bypassed by the project, of which
more than 3km will be within the MKFR and thus not accessible to people.

Based on the ecological assessment done in the project area, the main uses
of the Nithi River are irrigation and domestic use by the community (through
the Kamwene Water and Sanitation Project), but there is no evidence of water
intake structures or abstraction for any other use between the current
Kamwene project intake and the power station. Thus, no human water needs
would be affected by the diversion. No livestock were observed in the affected
stretch of river either, as they are kept close to human settlement, which are
on the tops of ridges. No fish farming or recreation activities were found within
the project area, but cold fingerings are reared upstream and tilapia fish
farming is practiced downstream. The ecology report indicates that there is
only one species of fish (Amphilius uranoscopus). Due to the shallowness
and high velocity of the river, pelagic fishes and other aquatic animals are
very rare in the Nithi River and the macro-invertebrate diversity is very low.
Through implementation of environmental flow, the proposed project can

achieve a flow regime, or pattern, that provides for human uses and maintains
the essential processes required to support a healthy aquatic ecosystem
between the weir and the power house.
Water Quality
A sample of water from the Nithi River was taken at the existing community
abstraction weir. The water sample was taken to Aurecon’s Aspirata
Microbiological and Chemical Laboratory in Pretoria for testing. The results
indicate that the water quality is good with a balanced pH and low electrical
conductivity, low sulphate and low nitrate content. The specification and
results of the testing are shown in Table 13.
Table 13: Water quality analysis results
Property & abbreviation Unit Specification Result
pH - 5.0 to 9.7 at 7.40 at 21.00c

250c
Conductivity (EC) mS/m ≤170 at 250c 4.57 at 250c
Total Dissolved Solids (TDS) Mg/L ≤1200 29.25
Turbidity NTU ≤1 0.583

Nitrate (NO3-N) Mg/L ≤11.00 0.36

Sulphate Mg/L ≤250 <1.00
Ortophosphate (PO4) Mg/L - <0.05

Suspended Solids (SS) Mg/L - 8
7.2.5 Biological Environment

Mount Kenya Ecosystem
The Mt. Kenya Ecosystem (MKE) consists of Mt. Kenya National Park, Mt.
Kenya Forest Reserve (MKFR) / National Reserve, and adjacent environs
including Ngare Ndare Forest and the Lewa Wildlife Conservancy. The MKFR
was gazetted in 1932 and placed under the jurisdiction of the Forest
Department (currently Kenya Forest Service), with the aim of forest
conservation and development, which included establishing plantations in the
place of harvested indigenous stands, regulating access to resources and
sustaining a forest industry (Kenya, 2010).
In 1978, the MKE was designated a Biosphere Reserve under the UNESCO’s
Man and Biosphere programme. In December 1997, the National Park and
most of the undisturbed natural forest were inscribed as a Natural World
Heritage Site under UNESCO’s World Heritage Site programme. In 2000,
through a government notice, the entire MKFR was gazetted as a National
Reserve under the management of KWS, but the earlier Forest Reserve
status was not revoked. This implies that the Forest Reserve/National
Reserve is legally managed jointly by KWS and KFS. Error! Reference
source not found. below shows the location of the project in relation to
MKWHS boundaries (Kenya, 2010).
Baseline Ecological Survey Methods
Two field surveys were conducted by a team of ecologists from 17 26 August

2014 and 16 to 19 June 2015 on terrestrial and aquatic systems.
The survey covered the aquatic macro-benthic invertebrate and wetland

birds. Terrestrial survey covered birds, invertebrates, mammals, herpetiles
(reptiles and amphibians). Fisheries survey was conducted by setting fishing
nets and additional information documented through discussion with the local
inhabitants.

Figure 18: Ecological survey points used during fieldwork in the project area

Vegetation
The Mount Kenya Ecosystem (MKE) is the main physical feature of

Tharaka Nithi County, covering approximately 360 km2 and distributed
between the Maara and Chuka/ Igambang'ombe constituencies. Although
the MKE is distributed across other counties, its management is not
specific to the respective counties.
Due to the vast and difficult terrain and the distances between various
outposts in the MKE,it is divided into four sectors i.e..Naromoru, Sirimon,
Chogoria, and Kamweti sectors. Tharaka Nithi falls within the Chogoria
sector and therefore, this section will focus on the bio-physical features
within Chogoria sector.
The sector has a well-developed altitudinal structure, including a Montane

Forest belt, Ericaceous belt and Alpine belt.
The Montane Forest Zone extends from 1650 to 3360m on the drier
western and southern slopes and up to 3050 m on the eastern and
northern slopes. It is characterised by broad-leafed and coniferous trees.
The NHP, occurring within an altitudinal belt between 1680 m a.s.l. and
1400 m a.s.l, would potentially influence this zone only.
The Ericaceous and Alpine Belts are found at altitudes of 2900-4500

ma.s.l. and 3900 and 4500ma.s.l respectively and are not further
discussed in this report as it is not relevant to the project’s potential
footprint area.
The Montane Forest Zone includes two communities that occur within the
altitudinal zone potentially affected by the NHP:
a) Strombosia-Syzygium community: This occurs between 1850 and 1950

m. a.s.l. It is a low stature community with thick undergrowth of ferns.
b) Podocarpus-Tabarnaemontana-Macaranga community: This occurs

between 2000 and 2200 m.a.s.l. The dominant species are Podocarpus
sp., Tabarnaemontana sp. and Macaranga spp. The undergrowth is thick
and dominated by ferns.
A total of 92 plant species were recorded in the survey area. The plant
habitats were divided into ridge (14 species), steeply sloping areas of the
forest (29 species), low gradient areas (19 species), riverine forest (15
species), riverine farmlands (near the forest) (10) and riverine farmlands
(below the bridge) (22 species).
Very few plant species recorded overlap in the above-mentioned habitats.

For instance; Albizia gummifera is common near the riverine areas in the
forest and farmlands. Bridelia micrantha is common in riverine areas of the
farmlands near the waterfall areas and below the bridge. Croton
macrostachyus occurred in the steeply sloping area, riverine areas in the
forest and in the farmland near the waterfalls. Dracaena studneri occurs in
the steeply sloping and shallow gradients in the forest. Impatiens and
Isoglosa sp. are common herbaceous perennials on the forest floor in
sleeply sloping areas and low gradient areas near riverine areas along
forest tracks. Lantana camara, an invasive alien weed, is common in the
riverine areas in farmland near the waterfall areas and below the bridge.
Macaranga capensis was common in the low gradient areas near the
riverine in the forest and the riverine habitats near the waterfall and below
the bridge. Newtonia buchananii is a conspicuous tree species in the
riverine areas in the farmland near the waterfall (power station) and below
the bridge. Piper capense is common as an understorey shrub in the
forest. Syzygium guineense was observed mostly in the steeply sloping
areas of the forest and riverine areas in the forest. Tabanaemontana
staffiana is common in on the ridge, steeply sloping forest areas and low
gradient areas in the forest. Trema orientalis was recorded in the ridge and
low gradient areas adjacent to the riverine area. Trumpheta sp. was
observed in the open (sunlit) areas in the forest; along tracks in the forest
and open riverine areas. Xymolos monospora is a common forest species
near the ridge area.
Figure 19: A graph showing the distribution of plants within the AoI
Birds
The MKE is classified as an Important Bird Area according to Birdlife

International. A Technical Report of December 2009 on the Mt. Kenya
Forest Biodiversity Assessment by KWS and National Museums of Kenya
recorded 126 bird species within the Chogoria sector. According to this
report the Yellow-whiskered Greenbul was the most common species in
both the regenerating forest zone and the Podocarpus forest zone on the
windward side of the mountain. Three species (Hartlaub’s Turaco,
Chestnut-throated Apalis and Brown Woodland Warbler) are common in
four different habitat types (Kenya Wildlife Service, 2009).

A total of 19 species of birds were recorded in area of the survey. Nine

species of birds were recorded in the forest area (terrestrial and riverine
areas); five species were recorded in riverine farmlands, and six species
recorded in riverine farmlands downstream of the Chuka-Meru bridge.
Habitats were distinct in bird species distribution: of all the species Grey-
Backed Camaroptera was recorded in the forest and the riverine farmland
areas. Common Bulbul was recorded in the riverine farmlands near the
forest and far away downstream of the bridge.
Figure 20: A graph showing the distribution of birds within the AoI
Mammals
Large Mammals: Twenty-five large mammal species are known to exist in

the MKE. The Chogoria Sector has between 5 and 8 % of the 3,800
elephants estimated to be in the entire MKE. Compared to other three
sectors within the MKE, the Chogoria sector has the highest density of
Cape Buffaloes, although they only occur in the higher altitude bamboo
zone about the project’s footprint. Other mammals found within the sector
include Bushbucks, Waterbucks, Zebra, Duikers, Elands, Olive Baboons,
Giant Forest Hogs and Serval Cats.
The ecological survey of the project area indicates that African Elephants
(Loxodonta africana) presence is noticeable in the forest by their
droppings and damage to trees. They occur on the ridges, steeply sloping
areas and gentle gradients areas where they have created tracks.
Members of the local community account that elephants are common near
the forest boundary during the period of June/July and early August. The
observation coincides with the experience of the cold season in the area.
Also, during this season, most of the cows from various areas migrate to
the area to give birth.

The herds move higher September at the start of the warm season.
Favourite foraging plants are Macaranga sp, Trumpheta sp. and
Omunyamu (Meru Oak ). Elephants prefer the bark of Omunyamu, which
has caused the death of many individuals of this species.
Figure 21: Elephant spurs observed on the tracks
Figure 22: “Omunyamu” Tree bark peeled by elephants

Other large mammal species that were not observed but which local
inhabitants and forest guards have encountered are Leopard (Panthera
pardus), Forest Duiker (Cephalophus natalensis), Bongo (Tragelaphus
eurycerus) and Bushbuck (Tragelaphus sylvaticus). Buffaloes occur in the
moorlands but occasionally venture lower.
Small Mammals: Habitat type and altitude influences species distribution

in the ecosystem. The indigenous forest of the Chogoria Sector has the
highest number of small mammals and diversity. Bats are found only in the
low altitude indigenous forests. The ecosystem is rich in shrews such as
Surdisorex polulus, a species endemic to Mt. Kenya. The genus
Lophuromys (brush-furred mice) is the most abundant one in the
ecosystem.
During the the ecological survey, White and Black Abyssinian Colobus
Monkeys (Colobus guereza) were observed in the tree canopies. Brushed
furred rat (Lophuromys flavopuntatus) was spotted away for the current
water pipe. From literature there are several rodents species recorded,
however they were not observed due to the rapid assessment and method
employed for the survey.
Aquatic fauna
Five genera of fish have been recorded within the Chogoria sector of the
MKE. These include tilapia (Oreochromis sp.), rainbow trout
(Onchorynchus sp.), catfish (Chiloglanis sp.), Amphilius spp, Barbus sp.
and Labeo sp. However, only one species (Amphilius uranoscopus) was
recorded in the Nithi River during the ecological survey for the NHP.
The aquatic life within the project spatial scope has a low level of less
diversity, with the only established presence of the freshwater crabs
through remains of claw eaten by either Otter or Mongoose. Stones on
river beds were turned upside down to check on any benthic macro-
invertebrates and very little was found.
The Nithi River does not have high population of fish species and it takes
time to catch an individual. During the initial survey, a seine net of 10 mm
mesh size was used in the region upstream of waterfall but it was not
successful. Experienced local resident advised that species in the river are
easily caught by baited hook but not fishnets. The only fish species caught
with baited hook was Amphilius uranoscopus downstream of the waterfall (

Figure 23). Due to the shallowness and high velocity of the water flow,
pelagic fishes appear to be rare in the Nithi River.

Figure 23: Amphilius uranoscopus caught in the Nithi River
An important feature affecting the movement of fish in the Nithi River is a

waterfall with a vertical drop of 3-4m (position indicated in Error!
Reference source not found.) approximately 200m upstream of the
proposed powerhouse position. Downstream of the waterfall, the river
enters a very narrow and deep gorge.
Figure 24:Top of the waterfall in the Nithi River close to the powerhouse5
Herpetofauna
In total 19 species of amphibians and reptiles are recorded in the Chogoria

Sector. The amphibian and reptile species richness differ among the
vegetation zones and most species are found where there are pure stands
of bamboo.
5
It would not be possible to safely photograph this waterfall from below without roped access to the bottom of the
gorge, which the river enters downstream of this point.

Invertebrates
Twenty-seven species of spider, 54 species of butterflies and 12 bee

species are known to exist in the Chogoria sector of the MKE. The
invertebrates observed within the project footprint includes 22 species of
butterflies. Forest areas had low butterfly species compared to farmland-
riverine areas. Farmland-riverine areas had 12 species of butterflies while
forest had six and riverine open forest areas registered five species. None
of the species observed in the forest were recorded in the riverine open
forest areas and riverine farmlands. Eurema hapale was the only common
species in the riverine open forest areas and the riverine farmland areas.
Figure 25: A graph showing the distribution of butterflies within the AoI
Figure 26: Achatina sp.Figure 27: Snail (Indet2)

Figure 28: Neptis sp.
Figure 29: Leptotis pirithous?
7.2.6 Species of Conservation importance

IUCN Listing of species
According to the IUCN Red List a species is Extinct (EX) when there is no
reasonable doubt that the last individual has died, or; Extinct In The Wild
(EW) when it is extinct in the wild and it is known only to survive in
cultivation, in captivity or as a naturalised population (or populations) well
outside the past range; Critically Endangered (CR) when it is facing an
extremely high risk of extinction in the wild in the immediate future, as
defined by any of the criteria (A to E in the IUCN Red List Categories);
Endangered (EN) when it is not Critically Endangered but is facing a very
high risk of extinction in the wild in the near future, as defined by any of the
criteria (A to E in the IUCN Red List Categories); Vulnerable (VU) when it
is not Critically Endangered or Endangered but is facing a high risk of

extinction in the wild in the medium-term future, as defined by any of the

criteria (A to E in the IUCN Red List Categories), and; Lower Risk (LR)
when it has been evaluated, does not satisfy the criteria for any of the
categories Critically Endangered, Endangered or Vulnerable. Species
included in the Lower Risk category are separated into three
subcategories:
 Conservation Dependent (CD). Taxa which are the focus of a

continuing taxon-specific or habitat-specific conservation
programme targeted towards the taxon in question, the cessation of
which would result in the taxon qualifying for one of the threatened

categories above within a period of five years.
Near Threatened (NT). Taxa which do not qualify for Conservation

Dependent, but which are close to qualifying for Vulnerable.
Least Concern (LC). Taxa which do not qualify for Conservation
Dependent or Near Threatened.
A species would be given status of “DATA DEFICIENT” (DD) when there

is inadequate information to make a direct, or indirect, assessment of its
risk of extinction based on its distribution and/or population status. Lastly,
a species is given status “NOT EVALUATED” (NE) when it is has not been
assessed against the IUCN criteria.
Species of Conservation interest within the Chogoria Sector and

potentially within the project’s are of influence include the following:
Abbott’s Starling (Pholia femoralis) - This species is listed as globally

vulnerable in IUCN’s Red list of threatened species (IUCN, 2008). It is a
regional endemic, found in only a few montane forests in Kenya and
Northern Tanzania. Its main threat is the loss and degradation of forest
habitat. Removal of dead trees (which is its preferred nesting site) severely
affects its breeding (Kenya Wildlife Service, 2009). The species is
recorded on the eastern side of Mt. Kenya (Chogoria Sector) in the mixed
indigenous forest.
African Crowned Eagle (Stephanoaetus coronatus) - A powerful raptor

and a true forest species. This species is listed as regionally vulnerable
(Kenya Wildlife Service, 2009). Its numbers are decreasing alarmingly due
to destruction of its forest habitat throughout its range. The species is
recorded in the Chogoria Sector in the indigenous forest and therefore
occurs within the NHP’s potential area of influence.
Martial Eagle (Polemaetus bellicosus) - One of the largest and most

powerful raptors in Africa. It is listed as regionally threatened in East Africa
(Kenya Wildlife Service, 2009)and globally near threatened (IUCN, 2009).
Though it is widely distributed in Kenya, conservationists believe it
numbers are steadily declining due to conversion of its habitat to
agriculture and settlements.

African Green Ibis (Bostrychia olivacea) - A very rare species in Kenya,

where it is now confined to the Aberdare forests (including the Kikuyu
escarpment forest) and Mt. Kenya forests only (Kenya Wildlife Service,
2009). This species therefore occurs within the NHP’s potential area of
influence.
Mt. Kenya Mole Shrew (Surdisorex polulus) - categorized as vulnerable

to become endangered in IUCN 2008. It is endemic to MKE and inhabits
the mixed indigenous forest of the ChogoriaSector and therefore occurs
within the NHP’s potential area of influence.
Species of Conservation importance observed within the project’s

AoI
Only three species of conservation importance were confirmed to occur

within the project’s potential footprint. Based on the ecological survey
undertaken, these are the following:
 African Elephant (Loxodonta africana) - Vulnerable A2a

 Meru Oak (Vitex keniensis)6 - Vulnerable A1cd+2cd
 Camphor (Ocotea keniensis) - Vulnerable A1cd+2cd
Another tree species endemic to Kenya is Polycias kikukyuensis (Parasol
Tree), but although this species is known to occur on Mt. Kenya, it was not
observed in the NHP’s potential area of influence. This tree has a very
distinctive form and would not have been missed, had it occurred in the
affected area.
6
Endemic to Kenya

7.3 Socio-economic profile
The proposed development is situated within the area of jurisdiction of

Gatua Sub Location which falls under Mitheru Ward or Location. Gatua
Sub-location is located in Tharaka Nithi County, Gatua sub-location which
is the project area has 16 villages within it namely:
1. Ngogu;
2. Kaunju;
3. Gacugu;
4. Kiini;
5. Kiaibio;
6. Kiamuchumbi;
7. Kiini;
8. Muguru;
9. Kamatumu;
10. Ikame;
11. Mugona;
12. Giakanja;
13. Kamachere;
14. Mitheru;
15. Karimba; and
16. Chamu.
The site area in which the proposed power station will be located is called
Ngogu Village, which is categorised as a rural/informal settlement. The
other structures such as the weir, low pressure pipeline and desanding
structure, will all be located in the Mount Kenya Forest Reserve (MKFR)
on the southern side of the Nithi River and are about 6 km from Ngogu
village. The existing substation called Mirima is located in Mitheru village.
The activities of the proposed project will be primarily situated in the

Administrative Unit of Gatua-Sub Location, which is made up of 5 wards,
which have designated County Assembly ward numbers as follows:
(a) Mitheru – County assembly Ward No. 0296;

(b) Muthambi- County assembly Ward No. 0297;
(c) Chogoria- County assembly Ward No. 0300;
(d) Ganga - County assembly Ward No. 0299; and
(e) Mwimbi- County assembly Ward No. 0298.
Gatua (Project area) is one of the sub locations under Mitheru County
Assembly of ward Number 0296. According to the 2009 Census, the total
population of Mitheru is 15,309.

Figure 30: Villages in the project area
Kurrent Technologies Ltd, May 2015. Page 101

7.4 Tharaka Nithi County profile
7.4.1 Geographic context

Tharaka-Nithi County is the general area of the project and borders the
Counties of Embu to the south and south west, Meru to the north and north
east, Kirinyiga and Nyeri to the west and Kitui to the east and south east. The
County lies between latitude 000 07’ and 000 26’ and between longitudes 370
19’ and 370 46’. The total area of the county is 2,662.1 km 2, including Mt
Kenya, which is estimated at 360 km2.
7.4.2 Administration
 Tharaka North;
The county is divided into 4 administrative sub-counties, namely:
 Tharaka South;
 Meru South; and
 Maara.
There are 15 wards, 63 locations7 and 164 sub-locations in the county.

Tharaka North sub-county is the largest, covering an area of 803.4 km 2
followed by Tharaka South with 766.1 km 2. Meru south is third in size with an
area of 624.4 km2. Maara is the smallest sub-county covering an area of
468.2 km2. There are three constituencies in the county namely, Tharaka,
Chuka/Igambang’ombe and Maara.
7
A location is an administrative region in Kenya. It is a third level sub-division that falls below a county and sub-county

Table 14 shows the total area of the county by sub counties and the number
of Wards, locations and sub-locations in each constituency.

Table 14: Area and administrative units by Sub County

2
Constituency Sub County Area (km ) No of No of No. of sub-
wards locations locations
Tharaka Tharaka 803.4 2 7 18
North
Tharaka 766.1 3 31 70
south
Chuka/ Meru 624.4 5 17 45
Igambang’ombe south
Maara Maara 468.2 5 8 31
Total 2662.1 15 63 164

Source: County Commissioners Office, Tharaka-Nithi, 2013
The county has an annual population growth rate of 3%, which is equal to the
national average growth rate. The county has a total population of 365,330 as
per the 2009 population and housing census. In 2015, the population was
estimated at 437,379, comprising of 213,645 males and 223,735 females.
This is projected to increase 478,568 by 2017. (2013, p. 9)
7.4.3 Population Density and Distribution

The average population density of the county is 150 persons per km 2. Table
15 shows the population densities of the three constituencies in the county.
Maara Constituency is the most densely populated with 252 persons / km 2,
while Tharaka constituency is the least densely populated with 109 persons
per square km based on the 2015 population projections.
Table 15: Population distribution and density by constituency
Constituen 2009 2012 2015 2017
cy (Census) (projections) (projections) (projections)
Pop. Density Pop. Density Pop. Density Pop. Density

(km2) (km2) (km2) (km2)
Tharaka 130098 83 142350 91 155756 99 170424 109
Chuka 128107 205 140171 224 153371 245 167816 269
Maara 107125 230 117214 252 128,282 275 140330 301
Total 365330 137 399735 150 437379 164 478570 179
Source: Kenya National Bureau of statistics, 2013

7.5 Land and land use
The major land use in the county is mainly agricultural activities with 1,449.63
km2 considered as arable land. About 360 km2 of land is used for game parks.
Other uses include construction, cultural uses and forestry conservation. A
majority of the county residents are small scale farmers with an average of
2.9 ha each, mostly used for food and cash crop farming. Large scale farmers
own an average of 6.7 ha. The mean holding size in the county is 4.8 ha
(2013, p. 21).
The lower parts of the county, which include Tharaka constituency and
Igambang’ombe ward of Chuka constituency, have only 30% of its land
successfully adjudicated, while 70% is trust land. The adjudication process is
ongoing and is funded by the GoK. The problem of the adjudication process is
low funding, which has greatly contributed to border disputes in the larger
Meru sub-counties. The upper part of the county, which lies squarely in
Chuka, has 75% of the land adjudicated successfully.
The slow adjudication of land, boundary disputes and conflict over grazing
land has been a consistent source of uncertainty of land ownership right
disputes. The squatter problem is a major challenge in Tharaka Constituency
and has been a major source of conflict with communities from neighboring
counties. Many people have to wait for many years to get legal ownership
documents for their property. A number of Chuka residents live without proper
housing due to landlessness. Several slums have been established within the
county and especially in town centres. (2013, p. 22)
The county has strong market linkages. Concentrations of business moves

from one market to another as traders move in search of produce/products to
purchase. This has contributed to the growth of some of the markets as the
business increases. The main market areas in the county are Chuka,
Chogoria and Marimanti. However, many small trade centres are developing
rapidly due to enhanced business activities that are creating backward and
forward linkages. The growth of some markets is curtailed by lack of
infrastructure. Chuka and Chogoria are situated along the main Nairobi-Meru
highway, thus these towns are endowed with developed infrastructure in
terms of transport and other social amenities like hospitals, schools and
banking facilities. The settlement patterns are highly influenced by two major
livelihood zones: farming zones in the rural areas and business zones in
trading centres (2013, p. 20).

The closest shopping centre is Muthenge Shopping Centre (Figure 31),

which is about 4 km form the forest edge. There are several businesses
operating in the town Centre including groceries, tailors, hardware stores,
mini hotels and small shops. The shops mostly sell fast moving household
items such as milk bread, oil, cooking flour, etc. There is no specific market
day in the town. However, most of the traders go to Chuka town (about 4 km
away) on Tuesdays and Fridays to source for the goods and other wares to
sell in Muthenge.
Electricity was supplied to Muthenge in the beginning of 2014 and as a result

many other businesses such as barber shops, salons and welding workshops
have been established. Many of the traders have also been able to operate
until late at night. Towards the outskirts of the town is Muthenge tea collecting
centre where many local people bring their tea, which is then taken to Weru
Tea factory about 20 km away for processing, packaging and sale.
Figure 31: Muthenge town centre, about 4 km from the forest edge

7.6 Infrastructure and services
7.6.1 Housing
The main material used for housing in the area is wood and corrugated iron
sheets for roofing. The project is in a rural area and is characterized by
sparse population of settlements. Figure 32 shows a typical dwelling in the
project area.
Most houses in the rural areas are mud-walled or wooden with earth or
cement floors, while in urban centers houses are mainly made of stones with
corrugated iron sheets for roofing. The main material used for walls is in the
county is: stone (13.4%), brick/block (5.6%), mud/wood (42.1%), mud/cement
(4.0% ), wood only (33.5% ), corrugated iron sheet (0.3% ), grass straw (0.3%
), and other (0.7% ). The main floor materials for housing in the county are:
cement (32.9% ), tiles (0.3% ), wood (0.9% ), earth (65.7% ) and others (0.1%
) while the main roofing material in the County are corrugated iron sheets
(87.6% ), tiles (0.7% ), concrete (0.3%) ,asbestos (2% ), grass (9.1% ), Makuti
(0.2% ), tin (0.1% ) and mud/dung (0.1% ) (2013, pp. 21, 125).
The level of housing in the market centers and the main urban areas has
recently increased owing to the increased demand and number of businesses
being established. The growth of tertiary institutions has also contributed to
the demand for decent housing to accommodate students, lecturers and other
staff. The ready availability of sand and hardcore and affordable building
materials especially in Chogoria make the cost of construction relatively low
(2013, p. 21).

Figure 32: A typical dwelling in the project area
7.6.2 Transport
The main mode of transport to Tharaka Nithi County is by road, using
Matatus, buses, private vehicles and motor bikes. There is no railroad or
commercial air transport. The county is easily accessible by road from Nairobi
and other neighbouring towns. Currently the county has only 48 km of tarmac
road, of which 30 km is road B6 along the Nairobi-Meru highway from
Kathegeri-Chuka-Chogoria to Keria and 18 km along the Ishiara-Kathwana-
Marimanti or the Mate road. The other roads are mainly earth surfaces and
impassable especially during the rainy season, discouraging serious and
sustainable economic activities within and without the county (2013, p. 18).
The form of transport mostly used in the town is Boda boda (motorcycles) as
shown in Figure 33 which is a source of employment for many youth in the
area. There are about 50 boda boda operators in the town and the traders
mostly use them to carry fruits such as Bananas, Mangoes, Cabbages and
Tomatoes which they source from Chuka Town on average twice a week. The
boda bodas have also been a common cause of road traffic crashes, injuries
and deaths in the area and this is attributed to the lack of proper training for
the riders, failure to wear protective gear and disregard for traffic rules.

Figure 33: Boda boda (motorcycle) transport commonly used by the

community
7.6.3 Posts and Telecommunications

Most of the area in the county is covered by mobile phone networks:
Safaricom, Airtel, Yu and Telkom. Cyber cafes are being set up in the towns
and trading centres through private traders to cater for the high demand of
internet-based information. Some areas, especially in Tharaka, have poor
network coverage because of the hilly terrain. Most of the community
members rely on radio as the major source of information.
The advent of mobile phone communication has led to stalled growth of post
offices and landline connections in the county as people are able to exercise
flexibility in communication. It is estimated that over 70% of the population
own mobile phones, while the majority of those who own and use television
are in the urban areas. (2013, p. 18).
7.6.4 Water
The county is well endowed with water, which is available through numerous
rivers originating from Mt. Kenya. In the drier part of the county, boreholes,
water pans, earth dams and shallow wells provide water for the community.
During the dry months of the year there is a lot of water abstraction upstream,
thus priority should be geared towards water and soil conservation structures
in the upper catchment areas of the rivers, otherwise the flow of the river

downstream will be seriously curtailed. The Thuci, Mara, Nithi, Mutonga,

Naka and Ruguti Rivers are the main rivers in the western side of the county
where the project site is located. The drier eastern side of the county has the
Mutonga, Thingithu, Kathita, Thanantu, Thangatha, Kithinu and Ura Rivers,
which are mainly used to provide water for irrigation.
The Tana Water Service Board, water river users association through the Mt.
Kenya East Pilot Project (MKEPP) and Nithi Water and Sanitation Company
are the main water developers and supplier schemes in the county. Most of
the water projects are started through community initiative supported by
donors and the government. There is a high demand for irrigation water due
to unreliable rains.
A majority of the county population accesses its water from rivers, wells,
springs, dams and boreholes. A number of households, mostly in the county’s
urban areas have piped water. Over 50% of the population takes 15 minutes
to 1 hour to access water from the nearest water source, with over 23% of the
county’s population spending over 1 hour collecting water. This clearly shows
that the population is about 5 km from water sources and emphasizes the
need for implementation of more water projects in the county in order to
address the needs of the marginalised areas (2013, pp. 34-35).
The main piped water supply in the area is the Kamwene Water and
Sanitation Project, which is a water service trust fund project that serves a
population of around 4000 people. The pipe leads from the existing
community weir that was constructed around 2011. One of the main
challenges faced by Kamwene Water services is the loss of water through
leakages from damaged pipes due to the poor hydraulic design. Figure 34
and Figure 35 show some of the Kamwene water infrastructure.
There is also another water tank Gatua and Kiringa, located approximately
1.2 km from the forest edge. This facility sources its water from the Tungu
River.

Figure 34: The water tank for the Kamwene Water and Sanitation Project
Figure 35: Leaking pipe of the Kamwene Water and Sanitation Project

7.7 Health and sanitation
Tharaka Nithi County has a significant health facilities network. Notable

among them are the over 88 government run health facilities: Sub-District
Hospitals, Dispensaries, Health Centers, Medical Clinics and other private
facilities. Among the big hospitals are the Tharaka District Hospital, Magutuni
Hospital, PCEA Chogoria Hospital and Chuka District Hospital. The Clive
School of Nursing is also found here. The nearest health facility to the project
site is Minugu Mission Dispensary, which is less than 1 km away. Over 87.7%
of the county population use pit latrines. Most farmers, who form the majority
of the population in the county, use farm gardens for waste disposal. Those in
urban areas make use of garbage pits. The county requires measures to
address sanitation issues (2013, p. 33).
The County government through the Department of Urban Development

acquired a new dumping site at Kathigiririni which is at Karingani Ward,
Chuka. The dumping site is about 9 km from the project site and was
relocated from Rukindu Ward, near the entry to the Chuka Referral hospital.
There are various private and public dispensaries, a clinic and a Health center
in the project area that offer a variety of medical services such as ante-natal
services, testing, immunisation, blood tests, etc.
The dispensaries that were found in the area include the Kiirigu Methodist
Dispensary, Muragara Public Dispensary and Magundu Dispensary.
Kiini Health Centre is the main health center in the project area and is located
about 4.5 km from the forest edge. It was established in the 1970s as a
dispensary and gazette as a Health Centre in 2012. It has one clinical officer,
two nurses and one pharmacy technician. The range of medical services it
offers include curative, child welfare services, family planning services,
antenatal and post-natal services, HIV testing and testing, prevention of
mother to child transmission (PMTCT), TB screening and treatment, lab
services and youth friendly services.
The common ailment cases treated include common worms, Amoeba and
respiratory infections. Based on the baseline information acquire during an
interview with the Nurse incharge of the Health centre it revealed that the
facility receives an average of 30 patients per day and the cases that cannot
be handled are referred to the Chuka District Hospital. There were often many
cases of Malaria but because of intensive Malaria campaigns and more Test
kits available there has been a drastic reduction in the past few months.

There is one ambulance allocated to the Health center. The main challenge
faced by the Health center is understaffing in which the County government
has been taking steps to address.
Figure 36: Kini Health Centre
The nearest clinic to the forest edge is Minugu Mission Clinic shown in Error!
Reference source not found. about 3.5 km from the forest edge. The clinic is
sponsored by the PCEA and it is able to handle a range of medical services
such as emergency stitching and first aid, immunizations, antenatal services
and referrals. It also has an ambulance for emergencies. Kiirigu (Figure 37)
dispensary is also one of the private dispensaries near the project site.
Figure 37: Minugu Mission clinic
Based on the findings of the household survey as shown in Figure 38, one of
the most common ailments in the project area was Malaria with 51% who said

they had suffered from it in the past 12 months. This was despite the various
Malaria campaigns that were actively being conducted in the area.
Furthermore 38% had suffered from respiratory illnesses such as cough and
this is likely as a result of the climatic conditions and dust in the area. The
prevalent water borne diseases in the area were Typhoid with at least 9%
having suffered from it in the past 12 months and Diarrhea with at least 2%.
The averagely low levels of waterborne diseases may be as a result of the
introduction of piped water projects in the area such as Kamwene and Gatua
water projects.
Figure 38: Disease prevalence in the area
Typhoid 9
TB 0
Respiratory illnesses 38
Malaria 51
Cholera 0
Diarrhoeah 2
0 10 20 30 40 50 60
%
Figure 39: Kiirigu is one of the private dispensaries near the project site

7.8 Education and Literacy
There are over 24,000 children in pre-school education. The ratio of boys to
girls is 1:1. A total of 451 pre-school centres have been established in the
county with a total of 561 teachers. The teacher: student ratio is 1:43. Private
pre-schools are also being established. County has a total of 470 primary
schools. The number of children attending primary schools is 30,550 (15,363
female and 15,187 male). There are 2,548 primary school teachers in the
county. The county has a total of 111 secondary schools with a total of 17,353
students (8,532 female and 8,821 male). The number of secondary school
teachers in the county is 970. There are two universities in the county: one is
Chuka University (established by the Kenyan government) while the other is a
private university established by the Methodist Church in Kenya (2013, pp.
34-35).
The household survey discussed indicates the low levels of education in the
households, with most of the members having obtain only primary level
education. This limited educational achievement has led to high levels of
unemployment.
There are about 20 both public and private primary schools in the project
area. The public and private primary schools include:
Kamachuka, Kiini day, Giampampo, Gituntu, Kagongogachoke, Ruguta,
Mugona, Ikame, Magundu, Minugu, Gaketha, Muragara, Kaganjo, Ndubini,
Kiini girls boarding, Karimba, Mikuu, Kathangawe, St. Theresa primary
(private) and the Mountain Academy ECDE Centre. Figure 40 and Figure 41
show some of the learning institutions located within the project
Based on the findings of the household survey that are presented later in this
report, a high number of the household members stopped their education at
primary level. Access to secondary and tertiary education is likely limited by
financial challenges

Figure 40: Mountain Academy is one of the private schools in the project area
Figure 41: Kiini High School is one of the public schools found in the project
area
7.9 Economic activities and employment
Although Tharaka Nithi County lies in the semi-arid area of the larger Meru
region, agriculture is the major economic activity. There is small scale

production of different crops including millet, sorghum, cowpeas, maize,

cassava and vegetables. The county also relies on tea, coffee and
horticulture for income. There is commercial trout fish farming sponsored by
the Tharaka Fisheries initiative. The fish is reared in the Nithi, Thuci and
Mutonga Rivers. Tharaka Nithi is also known for the community power
generation scheme located at the Kamanyaki Great Falls Dam. This dam also
supports irrigation in some areas of the county. Tharaka Nithi fruit farmers
also rely on processing of herbal medicine in the Meru Herbs Plant located
along the Chokariga-Nkubu Road. The plant has brought in over 100 million
shillings to farmers since 2009 (2013, p. 23).
The key economic activities revolve around crop farming. According to the
2009 national census, 98.2% of households in the county engage in crop
farming. Coffee, tea and horticultural crops are the major produce in high
altitude areas, while drier low altitude areas are known for livestock
husbandry such as cattle, goats, sheep and honey production. There is also
small-scale production of different crops including millet, sorghum, cowpeas,
maize, cassava and vegetables. ((MPA), Meru Professionals Association,
2011)
The main livestock in the county include dairy and Zebus cattle, sheep, goats
and chicken. The development of dairy farming is on the increase, thus the
expansion of their market across the border and their value addition is crucial
for the farmers to reap maximum benefits from these proceeds. The
vegetation cover favours honey production, which is marketed locally with
little value addition taking place, but with the construction of the honey
refinery in Tharaka constituency there will be value addition within the county
(2013, p. 24).
Fish rearing is also becoming popular since the start of the economic stimulus
programme where farmers are being motivated to adopt fishing. The
presence of many rivers in the county promotes fishing activities. The Ministry
of Fisheries has been supporting farmers in the county to establish fish
ponds. Over 1000 farmers have benefited. The main types of products
produced are catfish, crabs, trout and tilapia (2013, p. 25).
There are several businesses that are located mostly within the main town
centre, Muthenge. Such businesses include barber shops, salons, welding,
tailoring, retail shops that sell fast moving consumer goods, food kiosks and
groceries. The supply of electricity in the town centre has led to better lighting
and improved security, thus many businesses can operate for longer working
hours

As shown in Figure 42 below, 26% of the respondents had at least a member

of the household who ran a small business while 74% did not.
Figure 42: Business enterprise
26%
Yes
74%
No
Figure 43 below further shows that of the 26% who ran a business, 13%
operated the business from home while 8% operated from a business
premise within the community and 5% operated the business premise in a
nearby town or village.
Figure 43: Business location
80 74
70
60
50
% 40
30
20 13
8 5
10
0
From home Local business Business premises in No business
premises a nearby town
Business location
Error! Reference source not found.Figure 45 show some of the retail outlets
for groceries and related consumables.

Figure 44: A retail shops in the town center selling fast moving consumer
goods
Figure 45: grocery store among the businesses in the project area
7.9.1 Employment
A huge percentage of the county population is self-employed. The majority
are in the rural areas where they do businesses and other forms of income

generating activities. The number of people on waged employment in the

county is estimated to be 9,188 based on the 2009 census8. These are
people working for the government institutions and other private institutions
such as financial institutions and retail shops. There are a few public and
private hospitals in the county, which serve as a source of employment. The
County has a total of 202,887 people in the labour force category. Majority of
these people are concentrated in the urban areas working in government
(County Government of Tharaka Nithi) offices and businesses. About 72% of
the county’s population is between 0 and 35 years of age of which 29% are
aged 18 to 35 years. The majority of this group is youth who have completed
their education but are unable to access employment (2013, p. 31)
There is a high level of unemployment among the youth in the area, which is
mostly attributed to low levels of formal education. Most of the youth in the
area seek casual employment in area such welding, masonry and carpentry.
The majority of the youth seek employment at the quarries, which are the
most readily available jobs that require minimal qualification or experience.
There are five quarries in the project area, which are a source of employment
for about 300 people, primarily youth. Figure 46 shows one of the quarries
(Tungu) located in the project areas.
Figure 46: Tungu is one of the 5 quarries in the project area
8
The 2014/15 socio-economic data was not yet available and hence the use of 2009 Kenya Population Census
figures

7.9.2 Coffee factory

The two main coffee factories in the project area are Bwee that is located at
Muthenge and Kanjikero located at Mugona. Bwee factory processes an
average of 80 tonnes per annum while Kanjikero processes an average of 30
tonnes per annum. Figure 47 shows the external sections of Bwee coffee
factory.
Figure 47: Bwee Coffee Factory in the project area
7.9.3 Tea buying centres

There are several tea buying centres in the project area which include the
Mitheru-Figure 48, Kaunju, Kiambio, Karingagankoru, Ikame and Mugona Tea
Buying Centres.

Figure 48: Mitheru Tea buying centres in the project area
7.9.4 Tourism
In the tourism sub-sector the county has great tourism infrastructure potential
and a big resource base for the county. Besides wildlife the county is
endowed with other physical features like mountains and hills, for instance the
Kijege Hills and small water falls along the Kathita and Tana Rivers. The
magnificent scenery also attracts film production and site-seeing. The main
attractions include expansive landscapes of great scenic beauty, rich botanic
wildlife diversity and mountain climbing, cultural sites and the Tana River
Basin. It also boarders Meru National Park, which provides high potential of
tourism activities. There is also the presence of Mt. Kenya and various other
places that may be suitable for site-seeing. These include water falls,
mountain climbing and water sports tourism, especially in the Tana River
Basin. Other recreational activities like restaurants are available in Chuka,
Chogoria and Marimanti (2013, p. 29).
The main tourism attraction site in the area is the Mt. Kenya National Park
which about 20 km from the project site. Around it there are several hotels
and Logdes frequented by tourists such as; Castle Forest Lodge, Fairmount
Mt. Kenya Safari Club, Sweetwaters Serena Camp, Sportsman’s Arms Hotel,
Falcon’s Height Hotel, Treetops Lodge among others (Trip Advisory Mt.
Kenya National Park, 2015)
7.9.5 Mining
The county is not well endowed with mineral resources, with sand and clay for
bricks being the most common minerals under exploitation. In Tharaka

constituency, sand harvesting is over exploited where traditional methods of

harvesting are used. Extreme exploitation of this resource has led to serious
environmental degradation with serious threats to soil erosion (2013, p. 29).
To date no minerals of economic value have been found in the project area.
7.9.6 Forestry and Agro-forestry

The forest cover in the county is gradually improving due to interventions
introduced by government agencies to improve both gazetted and non-
gazetted forests through tree planting and nurturing programmes. However,
the efforts to increase the forest cover are being hindered by lack of
community support in reforestation. The main indigenous forest is found in the
upper zone of Mt. Kenya and other small forests are found in the lower parts,
especially on gazetted hills. The size of gazetted forests within the county
stands at 44,617 ha and 3,344 ha for non-gazetted forests (2013, p. 25)
The main products that are in both the gazetted and non-gazetted forests in
Tharaka Nithi county are timber, firewood, poles, charcoal, herbs, fodder,
beeswax and honey. Some of the activities that are undertaken are not
sustainable and it is important to introduce measures that will curb the
destructive uses of resources. (2013, p. 26).
7.10 Energy
The main sources of energy in the area include firewood, kerosene and
charcoal. Increased demand for firewood and charcoal has contributed to
rapid deforestation. Most of the firewood is sourced from the forest which is
then cut into small planks and sold by the road side as shown in Figure 49.

Figure 49: Firewood ready for sale along the roadside in the project area
Rural electrification has been implemented in about 15 trading centres in the

county. There is a need to invest in alternative renewable energy sources to
enhance reliability of power supply in the county, especially hydro-electric
power generation, solar, wind and biogas energy. The main sources of
energy in the county are firewood, paraffin and charcoal. There is an increase
in usage of solar energy, especially by health and education institutions that
do not have access to the electricity lines. Plans are underway to construct
the High Grand Falls multipurpose dam, which will be key to hydropower
generation for the nation. (2013, p. 19)
7.11 Community structures
7.11.1 Cooperative societies

The cooperative development in the county, especially in Maara and Chuka
constituencies has a strong base, anchored on the increase demand for
cooperative societies in the constituency, where the existing by-laws have
guided their management. Community organizations within the county include
community based organizations, faith-based organizations and self-help
groups. The majority of the cooperatives in the county have a membership of
50 to 100. (2013, p. 22)

7.11.2 Community-based organisations/non state actors

The county has over 200 community-based organisations (CBOs). Some of
the initiatives are water projects and Income generating activities (IGAs).
There are more than 10 faith-based organizations like the Catholic Diocese of
Meru, Methodist, Pentecostal Church of East Africa (PCEA) and Seventh Day
Adventist (SDA), which are actively involved in education, health and IGAs to
address both immediate and future needs of the community. There are also
six active NGOs that are focused on and have assisted children in the county
for several years to access education and healthcare. These are: Child Fund,
Compassion, Save the Children Canada, Rural Initiatives Development
Programme (RIDEP) and German International Cooperation (GIZ) Germany.
Some of the NGOs like Plan International, Rural Initiatives Development
Programme (RIDEP), Baptist Aids Response Agency In Africa (BARAA) and
Village Hope Core International (VHCI) have been involved in community
development projects to improve and uplift the living standards of the
community (2013, pp. 22-23).Farmers’ Co-operative Societies
There are two main farmers’ co-operative societies in the project area that
provide marketing and credit services to the members, namely Kiini and
Mitheru Farmers’ Cooperative Societies as shown in Figure 50 below. Mitheru
farmers co-operative society is made up of about 500 members and the main
office is at Mitheru. There are four main tea factories that came together to
form the Kanjikeru co-operative society (located at Muguna), Bwee (located at
Muthenge(, Iriani (located at Magundu village) and Njaini (located across the
Tungu River).
Figure 50: Mitheru farmers’ cooperative society

7.11.3 Youth groups

The youth in the area of Ngogu , Giampampo and Kiambio villages have
come together to form the Yes we can youth group, which focuses on
generating income from selling fish. The other activity it engages in include
the area of environmental management, in which they focus on forestation by
having regular tree planting activities in the various areas of the community.
There are also sanitation projects where, toilets are constructed for the
various members of the community and cleaning of markets.
7.11.4 Self Help Groups

There are several self-help groups that were identified in the project area.
Most of these groups engage in table banking activities and generate their
income through projects like animal farming and agriculture. Below is a
summary of some of the Self-Help groups found in the project area;
(a) Ikame Self-Help Group

It is made up of 24 members who engage in poultry farming and they sell
poultry to generate income for its members.
(b) Kiamutamo Self-Help Group

It has a water project in which it supplies to 25 members for domestic use.
(c) Kimogore Self-Help Group

It has 50 members and their main activity is rabbit and poultry farming which
they sell to raise income for its members.
(d) Kiamachimbi Dorep Self-Help Group

It is a table banking group with 27 members who engage in animal and
poultry farming which they sell to generate income for its members.
(e) Umoja Young Men Self Help group

This is a group made up of 20 members who have come with a project to
supply water for irrigation to its member.
(f) Kamweretho Self-Help Group

It is made up of 15 members who engage in poultry farming and sell poultry to
generate income for its members.
(g) Mitheru Nkuru Self Help Group

It is made up of 15 members who engage in table banking activities
(h) Mwiria Youth Group

It is made up of 55 members who engage in tree planting and chicken rearing
which they sell to generate income for its members
(i) Mt. Kenya Integrated Community development Organisation

Engage in table banking, environmental preservation activities, health and
nutrition with primary focus on educating the community on plant medicine.
(j) Gatugi women Group

Made up of 15 members who generate income from goat rearing which they
sell to generate income.
(k) Mitheru United Group

It is made up of 25 members who engage in poultry farming to generate
income for its members.
(l) Kiini Wamama Self Help Group

It has 15 members who engage in poultry farming to generate income for its
members.
(m) Mugai welfare Association

It has 300 members who have formed a trust fund to support one another
during funerals.
(n) Muti Wa Ngai Group

It is made up of 30 members who engage in poultry farming to generate
income for its members.
(o) Kaimenyi Self Helf Group

It is made up of 23 members who engage in poultry farming and goat rearing
to generate income for its members.
(p) Gatua Greenbelt Self Help Group

It has 6 nursery groups that engage in tree planting activities and fish farming
within the forest and public areas.
(q) Mitheru Greenbelt Self Help Group

Engage environmental conservation activities such as tree planting within the
forests.
(r) Mitheru Baraka Disabled Group

It is made up of 15 physically disabled members who engage in goat rearing

to generate income for its members.
(s) Jubilee Women Group

It is made up of 22 members who engage in table banking activities.
(t) Ruguta/Mitheru OVC

This is a group that supports over 210 Orphans and Vulnerable Children
(OVCs) in the project area.
Apart from the self-help groups, the findings of the household survey revealed
that there were other social networks groups in which members of the
community belonged to. As shown in Figure 51 majority of the community
members (51 percent) belong to church groups while 19% belong to
agricultural and livestock groups. Furthermore 12% belong to the traditional
council groups while 8% belong to the women groups. Another 7% belong to
the water committee and 3% belong to the NGOs and CBOs. The household
survey further revealed that from those sampled, none belonged to cultural
groups, sports clubs or town or county council
Figure 51: Social networks of the household members

60
50 51
40
30
20 12 19
10 0 7
0 8
0 0
3
7.12 Religion and traditional culture
Over 80% of the population of Tharaka Nithi County are Christians. Notable
among Christian faith is the Methodist, Roman Catholic, Baptist, Presbyterian

and Anglican denominations. Culturally, Tharaka people are a sub group of

the larger Ameru tribe. They speak the Kitharaka sub-dialect of the Meru
language. They believed in one supernatural being: Murungu. The Tharaka
and Chuka people who live here are descendants of their ancestral father,
Ciambugi, and his two wives, Ciabandi and Ciangoi. The wives split and
Ciabandi moved east and bore the Tharaka people, while Ciangoi is believed
to be the mother of the Chuka (2013).
Traditional religion is also still practiced by the community on a small scale.

There is a shrine that is approximately 4 km from the proposed power station
site called ‘The Shrine Hoero’ (Figure 53) in which the elders from the different
communities in the project area occasionally come together to hold special
prayer for cleansing the communities and during catastrophies or natural
disasters such as drought or floods. Most of the prayers during these times
are held for more than one day and animal sacrifices are offered facing Mt.
Kenya, where the community believes that God (Ngai/Murungu) lives. There
are plans by the county government of Tharaka Nithi to enlist all the caves
and shrines in national heritages and tourists attraction sites.
Figure 52: A signboard to one of the churches in the project area

Figure 53: A traditional shrine used for special prayers

8. Significance of the Mount Kenya World Heritage

Site (MKWHS)
8.1 Introduction
The World Heritage Convention of 1972 offers the concepts of nature

conservation and the preservation of cultural properties. The Convention
defines the kind of natural or cultural sites that can be considered for
inscription on the World Heritage List. The Convention also sets out the duties
of States Parties in identifying potential sites and their role in protecting and
preserving them. By signing the Convention, each country pledges to
conserve not only the World Heritage Sites situated on its territory, but also to
protect its national heritage. The States Parties are encouraged to integrate
the protection of the cultural and natural heritage into regional planning
programmes, set up staff and services at their sites, undertake scientific and
technical conservation research and adopt measures to give this heritage a
function in the day-to-day life of the community. Kenya became a state party
in 5th may 1991 and has a list of three9 natural properties and three10 cultural
properties inscribed on the World Heritage list.
UNESCO considers a natural property as having Outstanding Universal Value

(OUV) if the property meets one or more of the following criteria:
 Criterion (vii): contains superlative natural phenomena or areas of

exceptional natural beauty and aesthetic importance;
Criterion (viii): be outstanding examples representing major stages
of earth's history, including the record of life, significant on-going
geological processes in the development of landforms, or significant

geomorphic or physiographic features;
Criterion (ix): be outstanding examples representing significant on-
going ecological and biological processes in the evolution and
9
The three natural World Heritage Sites in Kenya and their years of inscription are the Kenya Lake
System in the Great Rift Valley (2011), Lake Turkana National Park (1997) and Mount Kenya National
Park/ Natural Forest (1997).
10
The three actual World Heritage Sites in Kenya and their years of inscription are Fort Jesus, Mombasa
(2011), Lamu Old Town (2001) and the Sacred MijiKenda Kaya Forests (1997).

development of terrestrial, fresh water, coastal and marine ecosystems

and communities of plants and animals; and
Criterion (x): contain the most important and significant natural habitats
for in-situ conservation of biological diversity, including those
containing threatened species of Outstanding Universal Value from the
point of view of science or conservation.
To be deemed to have OUV, a property must also meet the conditions of

integrity and/or authenticity and must have an adequate protection and
management system to ensure its safeguarding.
Mount Kenya National Park/ Natural Forest is one of the natural properties
inscribed on the World Heritage List. This WHS includes the Lewa Wildlife
Conservancy and Ngare Ndare Forest Reserve (LWC-NNFR) to the north of
Mt. Kenya. The two component parts of the property are connected via a
wildlife corridor, which is part of a buffer zone for the property, and which
provides vital connectivity for elephants moving between Mount Kenya and
the larger conservation complex of the Somali/Maasai ecosystem. The LWC-
NNFR extension incorporates the forested foothills and steep valleys of the
lower slopes of Mount Kenya and extends northwards onto the relatively flat,
arid, volcanic soils supporting grassland and open woodland communities on
the Laikipia plain.
For the purposes of effective protection, a buffer zone is created as an area

surrounding the nominated property. This zone has complementary legal
and/or customary restrictions placed on its use and development to give an
added layer of protection to the Mt. Kenya WHS. The NHP will be developed
in the buffer zone (Figure 54).

Figure 54: The NHP in relation to World Heritage Site boundaries (Source: GIS department, KWS headquarters, Nairobi. Issued by Dr
Njogu, then Head of Conservation).

8.2 Significance of the MKWHS
Nomination of Mount Kenya World Heritage Site (MKWHS) to World

Heritage Status was based on criterion (vii) and criterion (ix). The
application of these criteria is explained below.
8.2.1 Criteria(vii) Superlative natural phenomena or natural

beauty and aesthetic importance:
Mt Kenya is the second highest peak in Africa at 5,199 masl. It is an
ancient extinct volcano, which during its period of activity (3.1-2.6 million
years ago) is thought to have risen to 6,500 m. There are 12 remnant
glaciers on the mountain, all receding rapidly, and four secondary peaks
that sit at the head of the U-shaped glacial valleys. With its rugged glacier-
clad summits and forested middle slopes, Mount Kenya is one of the most
impressive landscapes in East Africa. The outstanding natural beauty in
the visual contrast and diversity of landscapes between the Kenyan
Highlands with Mount Kenya looming over the flat, arid, grassland and
sparse wooded plains of Lewa Wildlife Conservancy and Ngare Ndare is
of outstanding aesthetic importance.
8.2.2 Criteria (ix): Ecosystems / communities and ecological /

biological processes
The evolution and ecology of the afro-alpine flora of Mount Kenya provides
an outstanding example of ecological processes in this type of
environment. Vegetation varies with altitude and rainfall and the property
supports a rich alpine and subalpine flora.
The evolution and ecology of its afro-alpine flora provide an outstanding

example of ecological and biological processes. Through the Lewa Wildlife
Conservancy and Ngare Ndare Forest Reserve, the property also
incorporates lower lying scenic foothills and arid habitats of high
biodiversity, situated in the ecological transition zone between the
mountain ecosystem and the semi-arid savanna grasslands. The area also
lies within the traditional migrating route of the African elephant population.
The lower forest and bamboo zone mammals include giant forest hog, tree
hyrax, white-tailed mongoose, elephant, black rhinoceros, suni, black-
fronted duiker and leopard. Moorland mammals include the localized
Mount Kenya mouse shrew, hyrax and common duiker. The endemic
mole-rat is common throughout the northern slopes and the Hinder Valley
at elevations up to 4,000 m. Lewa Wildlife Conservancy and Ngare Ndare
Forest Reserve enhance the species diversity within the property,

including being home to the largest resident population of Grevys’ Zebra in

the world. An impressive array of birdlife includes green ibis (local Mount
Kenya race); Ayres hawk eagle; Abyssinian long-eared owl; scaly
francolin; Rüppell's robin-chat and numerous sunbirds.
8.2.3 Integrity
The serial property comprises Mount Kenya National Park managed by the
Kenya Wildlife Service (KWS) and parts of the MKFR managed by the
Kenya Forest Service (KFS). Both these protected areas are designed to
protect the main natural values and the watershed of the mountain above
the 2,000 - 2,500m elevations. To the north, the property is connected via
a 9.8 km elephant corridor to the Lewa Wildlife Conservancy and Ngare
Ndare Forest Reserve (LWC-NNFR), which adds drier lowland
ecosystems and habitats and a suite of additional species to the property.
The corridor is within the buffer zone but critical to maintain ecological
connectivity between the two components of the property. Despite a
number of threats to the property, wildlife populations, though reduced
from the years prior to the first inscription of the property on the World
Heritage List, are still considered healthy.
The boundaries of the property on the main area of Mount Kenya are
limited to the upper reaches of the mountain above the montane forest
zone and most of the forest destruction, illegal grazing, poaching and other
human activities which impact the broader ecosystem are occurring
outside the property, in the area of forest/national reserve that serves as a
‘buffer zone’. Understanding and mitigating these threats to the broader
ecosystem is important because they affect the long-term viability of the
property.
Climate change is probably one of the most serious long-term threats to

the site. Glaciers are melting fast and appear destined to disappear
altogether within a few decades. As the climate warms, the vegetation
zones can be expected to shift higher up the mountain. For example, the
lower parts of the bamboo zone (which occur at the lower limit of the
property) will likely gradually be replaced with mixed montane forest. It is
essential that the threat of climate change is buffered through enhanced
connectivity and ensuring that natural habitats covering the full range of
altitude are maintained as a continuum, thus providing ecosystem
resilience and allowing for adaptation to the inevitable change. The LWC-
NNFR corridor and regional linkages via several conservancies to
Samburu National Park, Shaba National Reserve and Buffalo Springs to
the north and beyond to the Matthew’s Range is a significant proactive
intervention to mitigate climate change impacts on the biodiversity of this
region of East Africa, providing mobility for biodiversity to adapt to

changing temperature and rainfall regimes. Source (

http://whc.unesco.org/en/list/800).
8.2.4 Protection and management

The legislative framework that protects MKWHS is generally sound and
provides for adequate protection of the site. The most relevant legislation
is provided by the Wildlife Act, the Environment Management and
Coordination Act (2013), the Water Act (2002), and the Forest Act (2005).
The Government of Kenya, through KWS, has promoted the formation of
wildlife conservancies of large tracks of land, especially amongst local
communities, as a long-term strategy to increase the range for biodiversity
conservation and management in the country. LWC is managed for the
conservation of biological diversity. In addition, the National Land Policy of
the Ministry of Lands supports the establishment of corridors for
biodiversity conservation.
Three institutions require close coordination to manage the MKWHS.

These include KWS, KFS and Lewa Wildlife Conservancy (managed
through a Board of Trustees). KWS and KFS are signatories to the Mount
Kenya Ecosystem Management Plan, which provides an overarching
management planning framework. It is essential that the separate
management plans applying to the components of the property are
harmonised in terms of management approaches and timeframes.
More sustainable management of various sections of the forest has been

supported through the establishment of Community Forestry Associations
(CFAs) and the production of operational forest management plans and
related agreements signed between the KFS and the CFAs.
There is a major problem with crop damage caused by elephant, buffalo

and other large mammals moving into fields along the lower boundary of
the Mount Kenya National Park/MKFR. Various attempts have been made
to mitigate this human-wildlife conflict problem by fencing and construction
of other barriers to stop animals moving out of the reserve. These have
had mixed results, nevertheless, as experience has shown elsewhere,
effective and well considered fencing is likely to be the best option for
mitigating human/wildlife conflict in such a densely populated landscape.
At the time of writing this report, elephant-proof electric fencing was being
installed along the boundary of the MKFR in the NHP’s area of influence.
Threats from illegal logging, grazing, poaching and tourism are being
managed and appear to be stable, notwithstanding on-going issues.
Continued monitoring and effective management of these issues will be
needed. Fire is a major threat, especially in the high altitude moorlands.
The threat is exacerbated by the increasing number of people living

around the periphery of the forest, and making daily incursions up the
mountain to graze livestock and collect non-timber forest products.
Stakeholders have jointly developed a Mount Kenya Hotspot Strategic Fire
Plan to guide future fire preparedness within the ecosystem
(http://whc.unesco.org/en/list/800).

9. Assessment of potential impacts
9.1 Introduction
This section describes the method used to assess the biophysical and
social impacts associated with the establishment of the NHP. The purpose
of impact assessment is to assign relative significance to predicted
impacts associated with the project, and to determine the manner in which
impacts are to be avoided, mitigated or managed. The potentially
significant environmental impacts were identified based on the nature of
the receiving environment, a review of the proposed activities, and the
issues raised in the public participation process.
9.2 Methodology
In the impact assessment stage of an EIA, identified issues are analyzed

and expected impacts are defined. This analysis assessed the following:
 The types of impact;

 magnitude of the impact;
 Probability of occurrence of the impact;
 Extent of the impact; and
 the overall significance (importance) of the impact.
9.2.1 Identification of environmental and social aspects and

impacts
The outstanding environmental issues identified as having significance will
be assessed using the methodology described below.
First, the issues raised were described, giving consideration to the

associated activity and the aspect of that activity that is likely to result in an
impact. The nature of the impact has also been described. Once this was
undertaken, the significance of the impact was determined. The following
definitions apply:
 An activity is a distinct process or task undertaken by an organization

for which a responsibility can be assigned. Activities also include
facilities or pieces of infrastructure that are possessed by an
organization.

 An environmental/ social aspect is an element of an organizations

activities, products and services which can interact with the Bio
physical or social environment. The interaction of an aspect with the

environment may result in an impact.
Environmental/ Social impacts are the consequences of these
aspects on environmental resources or receptors of particular value or
sensitivity, for example, disturbance due to noise and health effects
due to poor air quality. Receptors can comprise, but are not limited to,
people or human-made systems, such as local residents, communities
and social infrastructure, as well as components of the biophysical
environment such as aquifers, flora and paleontology. Impacts on the
environment can lead to changes in existing conditions; the impacts
can be direct, indirect or cumulative. Direct impacts refer to changes in
environmental components that result from direct cause-effect
consequences of interactions between the environment and project
activities. Indirect impacts result from cause-effect consequences of
interactions between the environment and direct impacts. Cumulative
impacts refer to the accumulation of changes to the environment
caused by human activities.
Aspects and impacts associated with the proposed development have

been differentiated into construction and operational phases of the project.
9.2.2 Description of aspects and impacts

The accumulated knowledge and the findings of the environmental
investigations form the basis for the prediction of impacts. Once a potential
impact has been determined during the scoping process, it is necessary to
identify which project activity will cause the impact, the probability of
occurrence of the impact, and its magnitude and extent (spatial and
temporal). This information is important for evaluating the significance of
the impact, and for defining mitigation and monitoring strategies. The
aspects and impacts identified have been described according to the
definitions below.
Extent
The extent for each aspect, receptor and impact will be defined. The
geographical coverage (spatial scope) description takes account of the
following factors:
 The physical extent/distribution of the aspect, receptor and proposed

impact; and
The nature of the baseline Bio physical and social environment within
the area of impact.

For example, the impacts of noise are likely to be confined to a smaller

geographical area than the impacts of atmospheric emissions, which may
be experienced at some distance. The significance of impacts also varies
spatially. Many will be significant only within the immediate vicinity of the
site or within the surrounding community, whilst others may be significant
at a local (project) or regional (county) level.
The extent of the impact will be rated on the following scale:
Localised (At localised scale and a few hectares in extent) 1
Study area (The proposed site and its immediate environs) 2
Regional (County level) 3
National (Country) 4
International (Beyond Kenya) 5
Duration
Duration refers to the length of time that the aspect may cause a change,
either positively or negatively, on the bio-physical and social environment.
The environmental assessment will distinguish between different time

periods by assigning a rating to duration based on the following scale:
Very short (0 – 1 Years) 1
Short term (1 – 5 Years) 2
Medium term (5 – 15 years) 3
Long term (>15 years) 4
Permanent 5
Magnitude
The magnitude of an environmental aspect is determined by the degree of

change to the baseline environment, and includes consideration of the
following factors:


The reversibility of the impact;
The sensitivity of the receptor to the stressor;

 The impact duration, its permanency and whether it increases or

decreases with time; Whether the aspect is controversial or would set a

precedent; and
The threat to environmental and health standards and objectives.
The magnitude of each of the impacts has been rated on the following
scale:
Small and will have no effect on the environment 0
Minor and will not result in an impact on the processes 2
Low and will cause a slight impact on the processes 4
Moderate and will result in process continuing but in a modified 6

way
High (processes are altered to the extent that they temporarily 8

cease)
Very high and results in complete destruction of patterns and 10

permanent cessation of the processes
Probability of impact
The probability of the impact occurring refers to the likelihood of the

occurrence of a particular event or outcome (impact). Probability is
indicated on the following scale:

Highly improbable (<20% chance of occurring) 1
Improbable (20 – 40% chance of occurring) 2
Probable (40% - 70% chance of occurring) 3
Highly probable (>70% - 90% chance of occurring) 4
Definite (100% chance of occurring) 5
9.2.3 Method of assessing the significance of impacts

The purpose of impact evaluation is to assign relative significance to
predicted impacts associated with the project, and to determine the
manner in which impacts are to be avoided, mitigated or managed. The
information presented above in terms of identifying and describing the
aspects and impacts will be summarized in a tabular form and a
significance rating is assigned with supporting rationale. Significance is
determined before and after mitigation, taking into consideration all the
factors described above.
A definition of a “significant impact” for the purposes of the study is: “An
impact which, either in isolation or in combination with others, could in the
opinion of the specialist, have a material influence on the decision-making
process, including the specification of mitigating measures.”
9.2.4 Significance determination

The environmental significance rating is an attempt to evaluate the
importance of a particular impact, the consequence and likelihood of which
has already been assessed by the relevant specialist. The description and
assessment of the aspects and impacts undertaken is presented in a
consolidated table (Table 16) with the significance of the impact assigned
using the process and matrix detailed below. The sum of the first three
criteria (extent, duration and magnitude) provides a collective score for the
CONSEQUENCE of each impact. The last criterion determines the
PROBABILITY of the impact occurring. The product of CONSEQUENCE
and PROBABILITY leads to the assessment of the SIGNIFICANCE of the
impact, shown in the significance matrix below.
Table 16: Significance Assessment Matrix
CONSEQUENCE (Extent + Duration + Magnitude)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
PROBABILITY
2 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40
3 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60
4 4 8 12 16 20 24 28 32 36 40 44 48 52 56 60 64 68 72 76 80
5 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
In order to evaluate the mitigation threshold, the ratings table below is

used.
Table 17: Mitigation Ratings Table
Low <30 Where this impact would not have a direct influence on the
decision to develop
Medium 30-60 Where the impact could influence the decision to develop,
unless it is effectively mitigated
High >60 Where the impact must have an influence on the decision
process to develop

9.3 Biophysical impacts
This section describes and evaluates the potential impacts associated with
the project on the bio-physical environment.
9.3.1 Sedimentation and erosion

Most of the project construction activities will be undertaken on the project
components located on the banks of the Nithi River and the adjoining
steep valley slopes. The construction activities include clearing of the
vegetation cover, excavation of the trench, excavation of foundations and
movement of equipment. Construction of the access road along the
proposed pipeline route, construction of a weir and construction of power
house will also lead to soil disturbances. These activities may lead to
significant soil erosion if the soil is not appropriately protected, causing
degradation of the affected area and sedimentation of the Nithi River.
These sources of increased sediment load will affect water quality, with
consequent impacts on aquatic habitat and species composition. During
operation, the quality of water downstream of the powerhouse will improve
as suspended solids and silt will be settled out in the desanding structure.
The significance of the predicted impacts on sedimentation and soil

erosion is tabulated below.
Table 18: Rating of sedimentation and erosion impacts
Without mitigation
Extent Duration Magnitude Probability
Study area Short-term Moderate Highly Probable

2 2 6 4
Result: Medium negative (-40)

Comments/Mitigation

Install soil erosion control structures like gabions and check dams;
Install and regularly empty sediment traps in surface drains of the
construction areas. The contractor should construct sediment traps along
the pipeline route on the steep slopes to prevent and/or arrest any falling
debris, soil or rocks from reaching the river and other smaller

watercourses.
Proper design for storm water drainage facilities and maintenance during

the construction phase are critical for mitigation;
Disposal of excavated/cut soil should be undertaken outside fragile
ecosystems and water sources, under the direction of the resident

 Construction during heavy rains should be avoided as much as is possible

engineer who should approve disposal sites;
 Labour-intensive methods of excavation should be applied on the steep

as water logged soils are easily eroded;
slopes, where necessary, to minimise disturbance of the soil by

construction machinery. This may need to be applied particularly on very
 Revegetation of areas where construction has been completed must

steep slopes;
happen as early as possible and progressively as the construction front for
 Soil erosion control measures that have been installed during construction
the low pressure pipeline moves;
must be maintained and/or altered during operation to ensure that they

remain effective.
With mitigation
Localized Short-term Minor Improbable
1 2 2 2
Result: Low negative (– 10)
9.3.2 Water Quality impacts

Sizable construction activities will be undertaken on and along Nithi River
and this will pose some risk to the water quality of the river. The likely
sources of pollution include spillage of fuels, lubricants, cement and other
toxic materials at the construction site; discharge of silt laden run off, and
the disposal of waste and wastewater. During operation, water quality
along the bypassed section of the river will improve slightly due to silt
being trapped by the weir, while water being discharged into the river
through the tailrace will also have a reduced concentration of suspended
solids due to their removal by the desanding structure.
Construction materials such as oil, diesel fuel, concrete additives, and

solvents are likely to be stored and used at the construction sites and lay
down areas. Storage and handling of these materials could lead to spills
on site, along roads and in surrounding areas. Contaminated run-off from
spillages could adversely affect soils and vegetation and subsequently
have an adverse impact on both surface water and underground water
quality.
Depending on the location of the accommodation for construction workers,

there could be inappropriate disposal of waste and wastewater that can
potentially have negative effects on water quality. Pollution of water quality
at the project area will have negative impacts on water quality downstream
which include; reduction in dissolved oxygen levels, nutrient loading

causing increased algal growth, and the spread of pathogenic disease

vectors, which could affect public health downstream, since the Nithi River
is an important source of domestic and irrigation water.
During operation water quality along the bypassed section of the river will
improve slightly due to silt being trapped by the weir, while water being
discharged into the river through the tailrace will also have reduced
concentration of suspended solids.
Table 19: Rating of water quality impacts
Without mitigation

2 2 6 4

Comments/Mitigation
NHPL and the contractor must establish and implement a site construction
waste and wastewater management plan to avoid water impacts from
construction activities. The plan should include regular refresher training
sessions for construction workers as pertains to safe and proper storage,
handling, use, cleanup, and disposal of oils, fuels and other chemicals and
the implementation of a comprehensive spill response plan including

equipment and training;
Detailed and effective design of spillways to manage the temperature and
oxygenation of releases to the river including preventing anoxic

discharges;
The construction worker’s camp must be located away from the steep

river banks;
Install treatment facilities and/or oil/water separators to remove oil and

grease from drainage water prior to discharge to adjacent water courses;
Install secondary containment measures in areas where fuels, oils,
lubricants etc. are stored and loaded or unloaded, including filling points.
All contractor fuel storage facilities must be bunded on an impermeable

base to ensure that potential leakages from containers are contained;
In case of oil pollution, sedimentation and siltation, the contractor should
halt construction activities immediately and recover the pollutant before it

reaches any receiving water sources.
The contractor must avoid washing construction equipment at the water

pump or transfer station to avert pollution of receiving water sources;
Wastewater treatment facilities must be installed to treat wastewater from
the workers’ accommodation and other construction facilities;
 Provide disposal facilities for wastes at the campsite and properly allocate
the dumping site;

 Undertake regular water quality monitoring in the reservoir, and water

body downstream to include dissolved oxygen, nutrients (N & P),
pesticides and nuisance plants.
With mitigation
1 2 2 2
Result: Low negative (-10)
9.3.3 Hydrology and hydro-geological impacts

Construction of the proposed intake structure would have an impact on the
hydrology and hydrogeology of the project area as it will involve
excavation work on the bedrock. The de-sanding structure site and power
station site are also in proximity to the river bank and their construction will
involve sizable excavation activities.
Surface runoff from the surrounding areas makes a sizable contribution to

the hydrology of the Nithi River. The surroundings are characterised by
deep vegetation cover and very steep valley slopes. Construction activities
at the intake and power station could affect the flow of water in the Nithi
River, as the weir will be constructed by diverting one half of the river,
constructing the weir on the diverted half, and then changing the diversion
and constructing on the other side. Rock debris, excavated soil and
construction materials, if not properly controlled, have the potential to be
transported down the river and causing siltation.
The proposed project activities will require construction of a water conduit

parallel to the river, through which the river water will be diverted. The
diversion will result in reduced river flow along a 4km stretch between the
intake and the outlet. The depth, cross sectional area and velocity will be
changed. The impacts will be most pronounced in the dry season, when
there is a reduced water flow in the Nithi River, and only the environmental
flow is being released.

Table 20: Rating of hydrological and geo-hydrological impacts
Without mitigation
Study Short term Moderate Highly Probable

1 2 6 4
 To prevent sedimentation of streams during construction of the weir and

Comments/Mitigation
low pressure pipeline, the contractor should construct barriers (sediment

traps) along the low pressure pipeline (between the pipeline and the river)
to prevent and/or arrest any falling debris, soil or rocks from reaching the
 Disposal of cut soil and all the debris trapped by the sediment traps
river;
should be undertaken outside wetlands, road reserves and fragile
 There should be controlled clearance of vegetation, and this should be

ecosystems
 Disturbed areas should be rehabilitated using suitable indigenous

strictly limited to only the footprint of the project;
vegetation. This vegetation should be planted along the drainage
 The contractor should manage operations to avoid rapid fluctuations in

channels to reduce the scouring effect of water;
 There should be periodic monitoring of water flow downstream.

downstream flow.
With mitigation
1 2 2 2
Result: Low negative (- 10 )
9.3.4 Air quality impacts

The project area has a murram road from the main Embu-Meru Highway,
which then forks into several earth roads, one of which enters the MKFR.
During the dry season, movement of construction vehicles and equipment
will lead to increased dust generation that has a potential to affect other
road users and communities by the roadside. The main road users are the
motorbikes (boda boda), whose riders are exposed to environmental
conditions. Excess dust on banana plants, napier grass, tea and other
crops by the road side can affect their health and quality of the produce.

The settlement pattern of the area is such that most households are
located near the road and therefore increased frequency of heavy trucks
will generate more dust that will pose a nuisance to residents or a health
risk to sensitive receptors. The shopping centers within the area are also
located near the roads and therefore increase in traffic movements during
the dry season will add more dust consequently, potentially affecting
businesses.
Table 21: Rating of air quality impacts
Without mitigation
Project Area Short term Moderate Probable

2 2 6 3
Result: Low Negative (-30)
 To prevent generation of excess dust by the moving trucks, the developer

Comments/Mitigation
should develop and implement a journey management plan to include

speed limits, as trucks moving at a low speed will generate less dust.
Speed bumps must be installed at selected locations in order to reduce
traffic speed, particularly near sensitive receptors such as schools and
 Dust in areas with sensitive receptors must also be controlled by regularly

clinics.
 The existing access track will be upgraded to an all-weather standard up

(at least daily) sprinkling water during dry periods.
to the position of the buffer tank – thus, dust–generation in the MKFR

during the dry season will be reduced.
With mitigation
1 2 2 2
Result: Low Negative (- 10 Low)
9.3.5 Poaching and logging during construction

Development of access routes and increased presence of people within
the project footprint within the MKFR will lead to increased accessibility to
the wildlife within the forest, making them more vulnerable to poaching.
Clearing of vegetation will lead to relocation of animals, exposing them to
the local inhabitants. Animals that are likely to suffer from poaching include

elephants for ivory, hares and other rodents for meat, Colobus Monkeys
for skin, etc.
Table 22: Rating of impact – poaching and logging during construction
Without mitigation
Project Area Medium term High Highly Probable
2 3 8 4
 Incorporate wildlife awareness training/sensitisation programmes into the

Comments/Mitigation
Contractor’s ESMP to address possible pressure on wildlife;

 Implement education programmes for construction workers on, inter alia:
respect for wildlife and vegetation, avoidance of fires and accidental
damage, and generally restricting the footprint of the construction camp
 The existing access road into the forest must be upgraded only as far as
and work areas to that which is required;
the proposed position of the buffer tank. The only other road that may be
constructed is the road along the low pressure pipeline route (on top of the
 The contractor and all other related personnel must be accompanied by a

pipeline). No other roads may be constructed inside the MKFR.
KFS–appointed guard at all times when entering the MKFR and must
 Apart from the KFS guard that will accompany the construction team, no
have appropriate identification as agreed with the KFS;
 The developer must develop and implement a site access plan to

firearms may be taken into the MKFR;
prohibit/control public access into the MKFR. This plan must be developed
in collaboration with the KWS and KFS to establish effective regulation of
entry to the MKFR.
With mitigation
Localized Short-term High Improbable
1 2 8 2

9.3.6 Impacts on terrestrial flora

The proposed weir, low-pressure pipeline and desanding will require
clearing to pave the way for the construction activities. This will result in
the direct loss of vegetation, terrestrial habitats and disruption of ecological
integrity in general. Based on a construction servitude with an estimated
width of 15m for the pipeline and a length of approximately 3km through
the MKFR, approximately 4.5 ha of area would be affected, although
vegetation would not be completely removed from such a large area. The
ecological survey of the project footprint within the MKFR indicates the
presence of the endangered Meru Oak (Vitex kiniensis) and medicinal
trees like Camphor / Northern Stinkwood (Ocotea keniensis) and Elgon
Teak (Olea capensis ssp. welwitschii). Accessibility of the MFKR to the
outside world, if not well managed, may result in the escalation of illegal
logging of trees or illegal harvesting of medicinal plants. The Red Data
categories for both V. keniensis and O. kenyensis are “Vulnerable”.
The potential spatial distribution of V. keniensis and O. kenyensis was

assessed on the ground and mapped. Both species potentially occur along
the ridge (alongside the existing road) within the forest, and on flatter
areas within the MKFR. Both young and old plants of the two species were
observed within the area while felled trees were also observed in some
areas. However, the abundance and density of both these species on
steep slopes is very low. Vulnerable species are not supposed to be
subjected to stress that may cause their population to decrease.
Construction may affect the population of these species if activities are
directed to their distribution and potential recruitment areas. However, it is
a firm recommendation of this ESIA that detailed mapping of these species
along the potential footprint of the low pressure pipeline, desanding
structure and buffer tank must be undertaken in order to confirm whether
there are any specimens of these species present Should they be found
within the potential footprint, they must be avoided. HDPE, which is the
chosen alternative construction material for the low pressure pipeline,
allows sufficient flexibility or the pipeline to be routed to avoid these trees.
Given the implementation of these mitigation measures, impact on these
species can be avoided.
In addition to the loss of vegetation, construction activities may lead to

entry of invasive species within MFKR, which have the potential of
colonizing the disturbed areas and thus altering the existing natural
ecosystem. Construction activities along the steep river banks may
weaken the slope and in turn result in weakening of the plant cover,
leading to toppling and uprooting of the trees.

The requirements of Criteria (ix) of IUCN will be compromised since the

MFKR is characterised by important and unique ecological and biological
processes.
Table 23: Rating of impact on terrestrial flora
Without mitigation
Study area Short term High Probable

2 2 8 3
Result: Medium Negative (-36)
 The location of specimens of V. keniensis and O. kenyensis should be

Comments/Mitigation
identified and mapped prior to the commencement of construction to
 During construction, habitat disturbance should be minimised by

ensure total avoidance during construction and operation.
 Large canopy trees must be mapped and the low pressure pipeline route
restricting the project activities to only the minimum area required;
 The low pressure pipeline must preferably be routed around trees with
must be aligned to avoid them.
 Where routing of the pipeline around trees that have a trunk diameter of
trunk diameters at waist height of more than 30cm.
more than 30cm at waist height is not possible, these trees must be
identified by a botanist or suitably qualified person and shall only be cut
 The cutting of vegetation within the MKFR must be restricted to only those
after authorisation by the KFS.
trees that need to be removed along the low pressure pipeline path and at
the buffer tank and de-sanding structure. No other trees may be removed,
cut or damaged in any way. Fines for any form of damage will be imposed
on transgressors and individuals who are guilty of causing such damage
 No borrow pits will be created within the MKFR. All construction material
may be sent off-site;
 No fires will be allowed within the MKFR. The contractor shall provide
will be obtained from existing sources outside the MKFR.
 Regular education and awareness programmes will be maintained for

other forms of fuel for cooking e.g. gas or paraffin.
construction workers throughout construction on, inter alia: respect for

wildlife and vegetation, avoidance of fires, waste management, conflict
 The contractor must avoid locating temporary project infrastructure such

with wildlife, etc.
as access roads, quarries, construction camps and storage areas in the
 NHPL should endeavour to plant trees within and around the project area
natural forest and other sensitive ecosystems;
as a biodiversity offset and to support afforestation activities within the

 The sites should be re-vegetated/rehabilitated as soon as the construction

project area and beyond.
works are completed. Following the construction phase, the affected areas
should be restored and indigenous vegetation must be replanted.
Restoration using exotic plant species should be avoided since they may
 The contractor should install slope stabilization and soil conservation

interfere with the ecological processes within the area.
 The footwear of those undertaking the construction should be cleaned

measures while working on the steep areas.
thereafter to the stop spread of these invasive species to other areas by
 The tyres of construction vehicles must be washed with a high pressure

seeds.
hose before they enter the forest to remove the propagules of invasive
alien species. Project design must therefore include such a facility outside
 Movement of equipment (vehicles, contractors and the entire construction

the park boundary.
crew) must only follow designated pathways or agreed upon access

routes.
With mitigation
1 2 2 2
Result: Low negative (- 10)
9.3.7 Habitat fragmentation and changing forest species

composition
The forest vegetation community will be altered to a limited extent due to
the selected clearance of trees along the route of the low pressure
pipeline. However, the NHP is not expected to cause significant
fragmentation of habitats, like isolated islands. The disturbed area along
the low pressure pipeline will be a narrow strip of land, with a width of
approximately 15m. If trees are removed indiscriminately from this strip,
the impact would be significant, but with careful and selective clearance of
trees, the forest canopy can be maintained and only smaller understory
trees need to be removed. This may alter the floral and faunal species
composition (mammals, birds, reptiles and insects), may lead to the entry
of invasive plant species and possibly render the disturbed ecosystems
unable to support the species assemblages found in undisturbed
ecosystems. However, it would also increase the diversity of indigenous
plant species and their dependent animal species in the disturbed areas.

Construction of the low pressure pipeline will also lead to pioneer11 forest
trees establishing themselves along this disturbed corridor over the short-
term. Although the source of this change is artificial, this process is a
repetitive and regular natural process in a forest ecosystem, as larger
trees fall over due to lightning strikes or other causes of mortality (see
example in (Figure 55). This creates gaps in the forest canopy that get
populated by pioneer trees, which are usually shorter-lived than the larger
canopy trees and eventually get shaded out by the larger and longer-lived
species. The disturbance along the low pressure pipeline will in effect
create a long and narrow strip of pioneer forest vegetation. With judicious
planting of a combination of pioneer and climax trees, the succession to a
climax forest community can be accelerated.
Figure 55: A gap in the forest canopy in the Nithi River valley along the proposed
low pressure pipeline route caused by the falling of a large canopy tree
11
Pioneer plant species are the first adaptable and vigorous flora species to colonise disturbed or
damaged ecosystems.

Table 24: Rating of impact – habitat fragmentation and changing forest

species composition
Without mitigation
Project Area Short term Moderate Probable
2 3 6 4

Comments/Mitigation
The working areas for the weir, low-pressure pipeline and buffer tank must
be clearly demarcated with fencing and danger tape prior to the
commencement of construction to prevent the clearance of trees outside

this area.
Large canopy trees must be mapped and the low pressure pipeline route

must be aligned to avoid them.
The low pressure pipeline must preferentially be routed around trees with

trunk diameters at waist height of more than 30cm.
Where routing of the pipeline around trees that have a trunk diameter of
more than 30cm at waist height is not possible, these trees must be
identified by a botanist or suitably qualified person to confirm their
conservation status and shall only be removed after authorisation by the

KFS;
The vegetation clearing exercise should be controlled and limited to only

that which is required for the project;
The sites should be re-vegetated/rehabilitated as soon as the road
construction on top of the low pressure pipeline and around the other

elements of infrastructure are completed;
The contractor should avoid locating temporary project infrastructure such
as access roads, construction camps and storage areas in woodlands and
other sensitive ecosystems. All such infrastructure must be located
outside the MKFR;
With mitigation
1 3 4 2

9.3.8 Impacts on terrestrial fauna

Construction work is anticipated to have significant negative impacts on
mammals, birds, reptiles and insects including butterflies in the vicinity of
the proposed project. Construction of the weir and low-pressure pipeline
within MKFR will lead to destruction of some habitats thus affecting the
animal species that show preference to such habitats. It was observed that
several species of insects and rodents were living inside the fallen and
decomposing wood found along the proposed pipeline route and they will
be affected negatively by the removal of these logs during construction.
The proposed weir will drastically reduce the water speed and the small
impoundment behind the weir can restrict animal movement across the
river of even drown small animals during the operational phase.
Possibly the most significant impact faunal impact is that on the seasonal
and diurnal movement of the African Elephant. As already indicated, they
are known to move through this area. According to the KWS survey of
elephants, the Chogoria Sector has between 5 % and 8 % of the 3,800
elephants estimated to be in the entire MKE. This translates to
approximately 250 elephants migrating to the Chogoria sector mainly
between mid-June and Mid-August, when temperatures become colder
and they seek warmer temperatures low down on the mountain.
Based on the ecological survey undertaken for Nithi, it was evident that
these elephants transect the project footprint mainly from 3pm to 6am daily
in search of forage and water and they also visit the populated areas
outside the forest. However, they will no longer be able to visit populated
areas as an elephant–proof electrified fence was under construction during
May 2015. Two river crossing points for elephants were observed within
the project footprint. Anecdotal information from the well-informed local
inhabitants and KFS officers indicate that the also have a “nursery area”
within the MKFR where female elephants give birth to young, but that this
is far outside the NHP’s area of influence.
It is virtually certain that construction within the MKFR will cause some
impact on the movement of elephants, primarily by restricting and altering
their paths of movement. However, based on the timing of the elephant’s
movement, both diurnally and seasonally, it is possible to programme
construction activities to have as little impact as possible. This implies that
construction activities must end by latest at 4pm in the afternoons
(especially during June to August) and that construction of the weir, low
pressure pipeline, and desanding structure must preferably be completed
between mid-August and the beginning of June. The buffer tank position,
although also within the forest, is close to the edge of the forest and will
therefore not have a significant impact on elephants. Excavation work and

laying of the low pressure pipeline also needs to be undertaken in such a

manner that the minimum length of excavation is open at any one time.
Where possible, the pipeline should be placed in the excavation and it
should be covered as soon as possible after excavation, to allow
elephants to move over the pipeline.
Table 25: Rating of impact on terrestrial fauna
Without mitigation
Study area Short term Moderate Highly Probable
2 2 6 4

Comments/Mitigation
During construction, terrestrial fauna habitat disturbance should be
minimised by restricting the project activities to only the maximum area

required;
When excavating the low pressure pipeline the contractor should work in
bits to avoid long exposure of open trench to wild animal and in addition
pits should be well barricaded overnight or during other work-off hours.
Any borrow pits or geotechnical survey pits dug inside the national park

should be restored to avoid animal injuries and death;
To minimise death of fauna, vegetation clearance should always be
undertaken first, as this scares away most of the fauna, as opposed to
direct use of graders to clear routes for access road construction, or direct

dumping of construction materials and excavated soils;
The Developer should engage KWS and KFS supervisory construction
crew should work closely with KWS and KFS officials to ensure no

Hunting
The construction crew should be encouraged and sensitized not to harass

amphibians and reptiles;
Structures to be constructed within MFKR (a part from the weir) should be
buried to minimise visual intrusion and danger to terrestrial fauna
With mitigation
1 2 2 2

Result: Low negative (- 10)
9.3.9 Impacts on freshwater ecology

Weir construction will alter the essential hydrology and aquatic ecology
within the estimated construction area. There will be short-term effects
downstream during construction of the weir, low pressure pipeline, surge
tank and penstock as a result of possible sedimentation caused by soil
disturbance and erosion. Construction activities may increase sediment
loads downstream, particularly during the wet season, leading to increased
turbidity and sedimentation, which could affect aquatic habitats by
covering coarse substrate providing habitat for laying eggs by fish, filling
shallow water refuges for small fish, and smothering aquatic vegetation.
Increased turbidity can also damage fish gills and accumulate in gill
chambers, leading to fish mortality or morbidity.
With the diversion of water, the water level in the 4km stretch of diverted
river channel will reduce, which will potentially affect the foraging
behaviour and general movement of the aquatic species. When the water
level is low, the fish population will be more exposed to predators and
therefore, the diverted stretch of river might be a potential area for fish
predators that forage along the stretch.
During operation, there will be fluctuations in the overall range of water

levels experienced under average flow conditions in the river. Aquatic
benthic habitats support a macro-benthic invertebrate community. This
habitat relies on detritus, fallen leaves and nutrients for benthic algal
growth. During operation, a reduction of the water level would reduce
transportation of food material and cause a reduction in the growth of
benthic algae. Thus, the feeding behaviour of most aquatic macro-benthic
invertebrates such as the freshwater crabs would be affected. This would
also affect other organisms in the food chain, such as otters, that are
dependent on the aquatic ecology.
The impact on fish migration mentions special attention. The weir design is
a typical “tyrolean weir” (see Figure 56), which allows for the movement of
coarse particles and boulders over the weir and their deposition on the
downstream side of the weir. This means, in effect, that there is very little
level difference between the top of the weir and the riverbed on the
downstream side of the weir. Therefore, during high flow events, the level
difference will be low enough for fish to continue to migrate upstream. It is
recommended that the stream channel immediately downstream of the
weir should in any event be filled with rocks directly after construction to

ensure that the level difference is as small as possible, instead of waiting

for rocks to fill up naturally.
Regarding the mitigation of impacts through the release of an

environmental flow, the following must be noted: As indicated in the
Kenyan Water Resources Rules of 2007, a guideline for the environmental
reserve is that it should not be less than the flow value that is exceeded
95% of the time, as measured by a naturalised flow duration curve at any
point along the water course. In the instance of the Nithi River, this would
imply an environmental reserve of 0.88 m3/s. A release of this volume
would make the proposed NHP unviable. The project developers have
applied for an environmental flow of 30% of Q95 (30% of the flow value
that is exceeded 95% of the time), which works out at 0.2 m3/s.
Although this is only 22% of the recommended volume according to the

Kenya Water Resources Rules, this is considered ecologically and socially
acceptable in this instance, for the following reasons:
 Between the intake and the power station, where the full volume of
water is returned to the river12, there is no social or domestic use of
water from the river or use by livestock. The main human uses of
the Nithi River are irrigation and domestic use through the
Kamwene Water and Sanitation Project. This project will continue to
receive water from a offtake at the NHP’s proposed buffer tank, and
the reliability of water supply to the Kamwene project will in fact

improve if the NHP supplies water to it (see section 9.4.2 c)).
There is a waterfall of 3-4m high in the course of the Nithi River,
which acts as a natural barrier to upstream fish migration.
Therefore, maintaining water in the portion of the river between the
powerhouse and the weir would serve no purpose to maintain

upstream connectivity for fish species.
The ecological survey found only one species of fish (Amphilius
uranoscopus) in the Nithi River and further concluded that the

macro-invertebrate diversity in the river is is very low.
There are a number of tributaries feeding the Nithi River between

the weir and powerhouse.
Based on the hydrological modelling of the river (Kimani, 2015),
flooding in the river would naturally overtop the weir at least 4
months of the year during the rainy seasons. Therefore, flood
events would continue to occur in the diverted portion of the river to
flush out sediments and maintain river health.
With the exception of the water used by the Kamwene Water and Sanitation Project – an existing water use
12

Based on these factors, it is concluded that an environmental flow of

0.2 m3/s would continue to maintain the aquatic ecosystem in a suitable
state, and would not have any impact on social and livestock watering
needs.
Figure 56: View of a typical “Tyrolean weir” design, which fills up with rock
on the downstream side
Table 26: Rating of impact on aquatic ecology
Without mitigation
Study area Long term High Highly Probable

term
2 4 8 4

Comments/Mitigation

 During construction, aquatic fauna habitat disturbance should be

minimised by restricting the project activities to only the specific areas of
 Implement soil erosion control measures and reduce soil disturbance

the river required;
 Install and regularly empty sediment traps in surface drains in and around
during construction activities by constructing sediment traps;
 Proper design for storm water drainage facilities and maintenance during
roads and construction areas;
 Disposal of cut soil should be undertaken outside fragile ecosystems and

the construction phase are critical for mitigation;
water sources downstream, under the direction of the resident engineer
 Design and implement an compensational flow regime during operation.

who should approve disposal sites;
 Manage operations to avoid rapid fluctuations in downstream flow;

This amounts to 200 l/s and / or 15% of incoming flow;
 There should be periodic monitoring of water flow, quality and temperature
 Conduct a periodic monitoring of water flow, quality and temperature

downstream to ascertain the right aquatic ecosystem conditions.
downstream to ascertain the extent to which aquatic ecosystem conditions
 The construction of fish ladders across the weir is not considered to be

may have been changed.
necessary. However, the riverbed on the downstream side of the weir

should be filled with large rocks immediately following construction so that
the level difference on the downstream side of the weir is made as small
as possible, to allow upstream fish migration.
With mitigation
Localized Short-term Low Improbable
1 2 4 2

9.3.10 Pollution of soil and ground water

The banks of the Nithi River within the MKFR have numerous springs that
discharge groundwater into the Nithi River. This, plus the high rainfall,
implies that any soil pollutant has the potential to quickly pollute
underground water, subsequently polluting the Nithi River.
The construction of the NHP will involve the use of materials and
chemicals that have potential to pollute soil. Some construction activities
like mixing of concrete and handling of construction materials and fuel may
lead to the discharge of chemicals and construction material to the soil
surface. The operation of construction vehicles and equipment can
potentially result to discharge of used oil and other petroleum products to
the soil surface.
Table 27: Rating of construction phase impact - pollution of soil and

groundwater
Without mitigation
Localized Medium term Moderate Highly Probable

1 3 4 4

Comments/Mitigation
The contractor should undertake routine maintenance of motorised

equipment to avoid any fuel leakage and spills;
Storage of fuels and oils should be undertaken in a manner that does not
allow leakage to the soil as the fuel can readily infiltrate the soils polluting

the soils, ground and surface water;
Develop a spill contingency plan for all chemicals used during

construction including oil and hazardous chemicals;
Collect and dispose of all waste generated from project activities in
accordance with Tharaka Nithi county guidelines, Waste Management
Regulations 2006 and international best practice especially PS 3 of IFC

standards.
NHPL will be required to discourage the disposal of construction waste
into water bodies and wetlands as part of a dilute and dispersal option for
dealing with waste as this would have a negative impact on soil and
water quality and reticulation channels.
With mitigation

1 2 2 2
Result:- Low negative (-10)
9.3.11 Pollution due to incorrect handling of solid waste

During construction of the NHP, several operations will generate different
types of waste. The waste include concrete, HDPE, iron sheet cuttings,
metal cuttings, stones, sand, waste water, woodcuttings, paint cans,
packaging papers and plastics. The construction workers will generate
waste such as sanitary waste, domestic waste, paper bags and
wastewater. Material and equipment handling points will generate wastes
such as used oil, grease, packaging materials and pallets, oily cloths, jerry
cans and wastewater.
Poor handling of the waste may lead to pollution of soil, vegetation and
watercourses in the project area. This pollution of soil, water and
vegetation could contribute to the destruction of several terrestrial and
aquatic habitats within the MFKR. Sanitary waste can lead to water borne
diseases to the workers and the communities living downstream of the
project area.
Table 28: Rating of impact - incorrect handling of waste
Without mitigation
Localized Medium term Moderate Highly Probable

1 3 4 4

Comments/Mitigation

 In line with NEMA’s Waste Management Regulations, waste generated

during construction and operation should be sorted (biodegradable, non-
biodegradable, Metals, Glasses) by the contractor and disposed of
 NHPL should ensure that all wastes generated during construction

appropriately at designated waste disposal sites.
activities such as conductors, steel and metallic bars, insulators and

other accessories associated with transmission lines, are collected and
disposed of appropriately at designated sites by a NEMA licensed waste
 All organic waste generated by the Contractor will be composted.

handler;
 All sanitary waste generated at labour campsites shall be collected and

transported by the contractor to designated landfills/dumping sites within
 All plastic waste generated at campsites and in the course of undertaking

the project area;
works such as mineral water bottles, polyethylene bags, jerry cans,

should be collected and sold either to the local people for re-use or taken
for recycling in respective factories. NHPL must ensure that non-
 Human excreta should be managed using a mobile toilet and then

biodegradable waste is not disposed of in water bodies;
disposed in pit latrines. Human waste must not be littered in bushes and
water bodies.
With mitigation
1 2 2 2
Result:- Low negative (-10)
9.3.12 Landslides
Some of the proposed NHP components will be located on the extensive
steep slopes of Nithi River.in Ngogu village Mitheru Sub-county. Several
scars of minor landslides on the community area and uprooting of
vegetation on the steep areas within MKFR indicate that the project area is
prone to landslides. Landslides result from the cumulative effect of many
interrelated factors, including underlying geology, geomorphology and high
levels of precipitation, and blasting activities. Landslides cause significant
damage, which include loss of property, loss of life and other
environmental damages. Therefore, landslides will pose a significant risk
to the proposed structures like penstock, weir and power station.

Table 29: Rating of construction phase impact- Landslides
Without mitigation
Study area Long term high Improbable

2 4 8 2
 The slopes formed after excavation and other construction work should
Comments/Mitigation
be reinforced with gabion boxes and other geo materials, where
 The sections of the hills which are prone to landslides should be cut to
necessary;
 The cut benches and spoil material below the low pressure pipeline and
attain stable angles of natural repose which retain the soils;
the access road to power house should be planted with vegetation,
 Appropriate and a sufficient number of drainage structures such as

preferably a mix of grass and trees to prevent erosion;
 Identify areas prone to landslides within the project site and establish a
culverts and other drainage systems should be put in place;
notification system (sign boards) to inform people to stay clear of these
 Prior to any blasting taking place, the Contractor must do a proper risk
areas;
assessment to determine the risk of landslides. If unsuitable conditions

exist (e.g. during a period following very heavy rain), blasting should not
 A programme of public education that emphasises the key aspect of

take place.
landslide mitigation should be developed in order to provide information
 The preliminary geotechnical assessment found that there are no serious

on triggering mechanisms; and
geotechnical constraints, but that designs and construction methods

must follow the findings of more detailed geotechnical investigations,
which are to follow.
With mitigation
Localized Short-term Minor Highly
Improbable
1 4 2 1

9.4 Social Impacts
The aim of this section is to identify the social economic impacts that are
likely to arise because of the proposed developments.
9.4.1 Social impacts during construction

Positive impacts associated with this phase include:


Creation of temporary employment opportunities

Transfer of skills to local people;

Business opportunities; and
Impacts associated with the upgrading of the access roads.
Negative impacts associated with this phase include:



Impacts on social cohesion and integration;

Health and safety impacts;

Noise and vibration;

Increased social pathologies including the spread of HIV/AIDS; and
Impacts on community water infrastructure.
These impacts are discussed in greater detail below
a) Creation of temporary employment opportunities

Based on the findings of the household survey presented in section 7.3,
only 16% of the household heads in the project area were employed while
6% of the household members were in formal employment. Because of the
high levels of unemployment in the project area most of the community
members are self-employed and do small businesses and other forms of
income generating activities. This situation is also reflected at the County
level as shown in section 5.6 of this report which shows that a huge
percentage of the county’s population is self-employed. During the public
stakeholder meetings held in the project area, the issue of employment
opportunities associated with the project was frequently mentioned
The construction phase is likely to generate between 150-250 temporary

skilled and semi-skilled employment opportunities which will include
electrical engineers, operators (local technicians), riggers, welders,
general labourers, security guards and cleaners.
Sourcing for the construction workers from the local labour pool is likely to
be limited to the unskilled and semi-skilled workers. This limitation is likely
as a result of the low education level attainment in the area as shown in

the survey findings shown in section 7.4 which revealed that majority of
the household heads and members had only attained some primary
education
Even though the job opportunities during this phase are going to be
temporary, it will bring about economic benefits for the local communities
and eventually a multiplier effect as a result of the project activities. It
important however, that the community is well prepared in advance in
order to manage expectations and build their capacity in taking up the
available jobs. There should also be a transparent process from the
advertisement to the recruitment exercise so as to avoid any discontent for
the community.
Table 30: Rating of construction phase impact- creation of temporary

employment opportunities
Without enhancement
Study area Very short Minor Probable
2 1 2 3
Result: Low Positive(+15)
Comments/enhancement

 NHPL and its contractors should prioritize the local community/residents

for the job opportunities arising from the project. Prior and transparent
communication to the community of the available employment and

business opportunities (direct and indirect).
Establishment of a “local labour desk” at the chief/local administrator or
contractor offices and working with the community to identify a local labour

pool.
The proponent should ensure that the contractor complies with IFC PS 2

(Labour and working conditions) while rolling out the project.
NHPL should ensure sufficient capacity building is afforded to the local
communities to position them for the available employment opportunities

during the construction and operational phases of the project.
Job advertisements should be made through easy to reach media such as
Chief’s noticeboards, CLO’s, local radio etc. for the benefit of the local

communities.
When sourcing for expertise, locals should be given priority unless certain

specific expertise demands outstretch the available local capacities.
NHPL should strive to be sensitive gender equality in the recruitment and

selection process as appropriate as possible.
Management and enhancement measures for local employment should be
included in the company’s labor and human resources plan.
 Recruitment of locals should be done in consultation with the local
authorities in the area.
With enhancement
Regional Short-term High Highly probable
3 2 8 4
Result: Medium Positive (+52)
b) Transfer of skills
During the construction phase of the project there will be enhanced
interaction between the experts and hired locals people in their areas of
expertise. Such interactions are likely to result in skills transfer or
enhancement.
As discussed in section 7.9 the finding of the survey in the project area
revealed that the community members in the area had a range of skill sets

in various fields including driving, operating various machinery equipment,

mechanical, electric, plumbing, brick laying/ masonry, carpentry,
warehousing/ storekeeping, administrative/ clerical, security, and computer
skills. However, due to the high unemployment rate in the area, the
majority of local people are not able to utilise these skills. The project will
offer many of the community members an opportunity to improve on their
skill, which will enable them to be more viable for employment in other jobs
even after the construction phase of the project.
Table 31: Rating of construction phase impact- transfer of skills
Without enhancement
Study area Short-term Minor Improbable
2 2 2 2
Result: Low Positive (+12)
Comments/Mitigation
 NHPL should institute programmes aimed at promoting and
enhancing skills transfer between project experts and the local

employees.
NHPL should establish a standard requirement for contracted
firms to ensure transfer of skills. Such effort will promote local

capacity development and offer viable employment opportunities.
Ensure sponsorships for both general trainings and on-job training
for the locals. The trained locals will benefit the project by offering

technical services in the areas trained on.
NHPL should envision strong collaboration with local institutions to
ensure effective capacity building affordable to the local

communities.
In collaboration with the County government and other non-state
actors, NHPL should consider supporting infrastructural

development for local learning institutions as part of the CSR.
NHPL and its contractors should effectively and continuously
communicate the specific skills/expertise requirements to the local
community prior to the construction and operational phases. In
doing this, NHPL should utilize easy to reach mediums for local
community such as CLOs, community noticeboards, local
administrator forums, local radio, etc.

With enhancements
Study area Long-term Moderate Probable
2 4 6 3
c) Business opportunities
During the construction phase there will be a need for certain materials
such as coarse and fine aggregates and sand for the diversion structures
and power station, bedding material for the pipes, and bricks for the
building works. Many of these materials will be sourced locally. Local
people will have an opportunity to benefit by supplying these materials.
Many of the local businesses will be boosted and this will have a ripple
effect on the general economic welfare of the area.
There will also be indirect business opportunities, especially during the

construction phase. These opportunities include transport services for
workers to the site, local accommodation provision for the contractor and
other suppliers, and catering and hospitality services.
Table 32: Rating of construction phase impact- business opportunities
Without enhancement
1 2 2 2
Result: Low Positive (+10)
 There should be a well-structured and transparent bidding process for

those who are willing to supply material.
The contractor should comply with the National and county government
regulatory regulations related to procurement from local suppliers.

 The contractor should ensure that the suppliers of the material are well

informed on the expected standards and quality of the material.
The contractor should ensure there is a balanced approach when
sourcing for material. For example sourcing from different suppliers

within the project area.
The contractor should assess transport arrangements the project site

from their extraction sites.
Use construction materials from licensed suppliers and quarries.
With enhancement
Regional Long-term Moderate Highly probable
3 4 6 4
d) Impacts associated with the upgrading of the access

roads
Access roads to all structures will need to be provided to ensure that
maintenance on all structures is possible at all times. NHPL plans to
provide an access road to the power house and also along the entire low
pressure pipeline route for maintenance at the intake weir.
However, the pipeline to the weir will have minimal impacts since a narrow
access road on top of the pipeline will be used. The routing for the
proposed access road to the power house site partially follows an existing
road that was developed in the 1970s for deforestation. It is recommended
that NHPL consider upgrading and using this road during the construction
phase since it is has minimal bends, which in turn reduces the
environmental footprint that would be associated with snaking a road to
the powerhouse from the top of the penstock. Snaking a road would
require a large number of bends and cutbacks and in order to allow for the
large vehicles, which have wide turning circles. This would result in large
unvegetated scars on the slopes.
Once upgraded, the access roads will help local inhabitants with their
farming activities, for example enhanced accessibility to the farms and
ease of transporting the farm produce to the market.

Table 33: Construction phase impact- upgrading of the access roads
Without enhancement
Study area Very short Minor Improbable
2 1 2 2
Result: Low positive (+10)
 NHPL should comply with the Public Road and access Act (Cap 399)
that relates to the dedication, conservation and alignment access

roads adjacent to land from the nearest part of a Public Road.
Consult with the Tharaka Nithi County on road development within the

project area.
Assess changes in traffic in the area and develop a traffic

management plan; and
All areas disturbed by road construction must be rehabilitated.
With enhancement
Study area Long-term Moderate Highly probable
2 4 6 4
Result: Medium positive (+48)
e) Impacts on social cohesion and integration

During the construction phase there will likely be in-migration, which may
have an impact on the social cohesion and integration. Only 7% of the
community members in the project area were migrant workers, compared
to 82% who lived within the community. If there would be a rapid and
sustained growth of an in-migrant population within the project area, this
could cause significant economic and social impacts, which in turn may
have an impact on the social cohesion and integration within the
community.

Since migrant groups vary according to the origin, language, cultural

group, and religious affiliation among other characteristics, a sufficiently
large number of this group may have the potential to become powerful
new stakeholders within the project area and eventually oblige the project
to recognize, engage and consult with them to develop specific
programmes associated with their activities. Moreover, with the formation
of a new stakeholder group, competition for project benefits may become
fierce, causing tension and perhaps violence between the new in-migrant
groups and the local communities. There may also be conflict between in-
migrants and local communities for access to the benefits of CSR activities
and programmes.
The project activities will also promote interaction between local people
and outsiders and if this is not properly managed it may negatively affect
the existing cultural, social and traditional norms within the community.
NHPL should ensure that an all-inclusive approach is used to ensure that

there will be minimal interruption of social cohesion and integration. For
example, if one community feels that they are being sidelined in terms of
the planned CSR activities at the expense of another community, this may
be a source of conflict. It is important therefore that any benefits the
community may receive in terms of economic opportunities should be
done in a transparent and all-inclusive manner.

Table 34: Rating of construction phase impact: social cohesion and

integration
Without mitigation
Study area Long-term High Highly Probable
2 4 8 4
Comments/Mitigation
 NHPL should develop a strong communication strategy which should

entail working with local leaders among others in a bid to counter stereo-

types and other negative practices.
There should be community empowerment through participation and

engagement through a bottom-up consultation process.
Promoting and development meaningful interaction and “bridging”

activities such as education, sports, recreational leisure activities
Mapping communities to ensure allocation of resources are done

appropriately and equitably.
NHPL must have a grievance redress mechanism in place to resolve

conflicts and prevent anticipated problems;
Ensure that response to crises are done in a timely manner to averts
adverse effects. This can be achieved through putting in place a

community intelligence monitoring system; and
NHPL must have a disaster preparedness and conflict prevention and
management strategy in place.
With mitigation
1 2 2 2

f) Health and safety impacts

The construction phase will involve a number of activities, operations and
machinery that could injure workers. Potential accidents at site may
include but are not limited to cuts by machinery, workers struck and injured
by falling material, workers falling from heights, electrical accidents, etc.
These may be caused by inexperience, improper use of Personal

Protective Equipment (PPE), mechanical faults in equipment or vehicles,
health of workers, lack of team coordination and third party interference,
among others. Injuries could range from those which are minor to possible
loss of life.
The likelihood of accidents during operations will be less intense than the
construction phase. During the construction phase, due to the nature of
activities involved, as well as the equipment that will be on site during this
time, it is likely that accidents during this phase of the project may be even
fatal.
Table 35: Rating of construction phase impact- health and safety
Without mitigation
Study area Medium-term High Highly Probable
2 5 8 4
Result: High negative (-60)
Comments/Mitigation
 All workers, including Sub-contractors and casual labourers should

undergo an Environment, Health and Safety (EHS) induction before
commencing work on site, which should include a full briefing on site

safety and rules;
OHS audits of the construction site should be carried out in line with

OSHA requirements;
Personnel should only undertake tasks for which they are trained/qualified
and a formal permit to work’ system will be in place;
 Routine toolbox talks should be conducted on different topics for all

workers prior to the start of the construction phase;
All accidents, near misses and incidents should be recorded and such
records maintained as part of a health and safety management


programme;

The required PPE should be provided and will be worn by personnel;
Local community members will be requested to suspend their activities
within the project footprint during the construction phase. This is mainly for

their safety.
A detailed construction schedule with associated activities will be
developed and communicated to all affected individuals.
With mitigation
1 2 2 2
g) Noise and vibration impacts

An increase in noise pollution would be expected during the construction
phase due to the operation of heavy machinery, increased traffic levels
and rock blasting. Excessive on-site noise may be an occupational hazard
for workers, while off-site noise such as from quarry sites may
affect neighboring communities.
No noise, apart from the operation of the turbine (which will be housed in a
closed structure), is anticipated during operation. Owing to the location of
this structure, at least 300m away from any houses and at the bottom of a
steep-sided valley, noise impact during operation is expected to be
insignificant.
Table 36: Construction phase impacts-noise and vibration
Without mitigation
Localized Short-term Low Probable
1 2 4 3

Comments/Mitigation
 Compliance with LN 61 of EMCA on noise and excessive vibration

pollution control rules; and
Perform noise sampling during noisy operations at the closest receptors to
confirm whether noise levels are within legal limits and take appropriate
remedial action if they do not conform to legal limits.
With mitigation
1 2 2 2
h) Impact on social pathologies, including the spread of

HIV/AIDS
During the construction phase physical and social interactions between
the construction workers and local people may negatively affect public
health. Usually, due to increased disposable income among the workers,
coupled with negative recreational activities such as alcohol and drug
abuse and high poverty levels in the community, there is a high chance of
an increase in prostitution, with an inevitable increase in the spread of
sexually transmitted infections (STIs), in particular HIV/AIDS.
Another potential impact would be conflict between the incoming job

seekers from the outside or neighboring communities and the local
communities. The conflict would most likely result from the perception that
the outsiders are taking up the jobs that are supposed to go to the local
community. This influx of job seekers will also have the potential of
increasing crime levels in the area.

Table 37: Construction phase impact-social pathologies including spread of

HIV/AIDS
Without mitigation
Regional Permanent High Highly Probable
3 5 8 4
Result: High negative (-64)
Comments/Mitigation
 Special specifications in the contract documents should stipulate the need

for HIV/AIDS Awareness and sensitisation campaigns. The HIV/AIDS
awareness trainer will be expected to collaborate with local NGOs, CBOs
and Public Health Officers for sustainability and integration of activities

into the existing structures of the local health institutions;
Provide the workforce with access to primary health care on site,
insecticide-treated mosquito nets, prescriptions, prophylactics and

condoms, and basic testing for TB, STDs and HIV/AIDS;
Engage an NGO to prepare community institutions for any influx of in-

migrants;
Support local healthcare facilities through training of local healthcare
professionals, regular supply of medical supplies and up to date

equipment;
Workers with the exception of local workers, who will return to their
homes, will be housed in the workers camp and will have access to health

services like HIV/AIDs counseling; and
In line with the IFC standards and local legislation, workers will be
inducted in relevant codes of conduct that minimise exposure to risky life
styles including unsafe sex practices such as developing workplace
HIV/AIDS programmes, standards of behavior between employers and
employees, positions regarding HIV testing, employee benefits,
performance management and procedures to be followed to determine
medical incapacity and dismissal.
With mitigation

2 1 2 3
i)Possible interruption of existing community water supply

If proper mitigation is not put in place, the existing community water supply
may be affected by the proposed construction activities. One of the
proposed alternative sites for the weir is the same location as where the
community weir built around 2011 is located. If this site is used, the
community water supply could be interrupted during construction.
However, as part of CSR activities, NHPL intends to improve water supply

to the community by installing a pipe to transport water from the buffer
tank to the existing Kamwene reservoir tank adjacent to the tea plantation.
In addition, it must be kept in mind that the contractor would probably be
dependent on the same water supply for their domestic water needs, so it
would be in their interest not to interrupt the existing water supply.
If the existing water supply is interrupted, the damaged pipes must be

repaired or replaced as soon as possible.
Table 38: Construction phase impact- community water infrastructure
Without mitigation
Localized Short-term Moderate Highly Probable
1 2 6 4
Comments/Mitigation
 Construction must be planned and programmed to prevent interruption of


water supply to the community;
Co-operate with the Kamwene Water Supply and Sanitation Project
(KWSSP) and the community to ensure minimal interruption of water
supply during construction and operation.13
 The community should be well informed and notified in advance of any

disruption of water supply during the upgrading process
Alternative sources of water supply should be made available for the
community for example using of water bowsers, in case of extended

supply interruption.
Develop and implement a community water supply plan and MOU
stipulating how far NHPL will supply water to the community so as to
manage expectations.
With mitigation
1 2 2 2
9.4.2 Social impacts during operation

Positive socio-economic impacts associated with the operation phase of
the project include:


Permanent employment opportunities;

Business Investment opportunities;

Social investment opportunities; and
Improved reliability of water supply for the community.
Negative impacts associated with this phase include:



Visual impacts on the landscape;

Reduced economic activity; and
Loss of archeological and cultural heritage resources.
13
Consultations have been ongoing between NHPL and Kamwene Water Supply and Sanitation Project through
this ESIA process.

a) Permanent employment opportunities

As discussed in section 7, there is a high level of unemployment in the
project area. During the operational phase it is expected that there will be
about 15 permanent employment opportunities, which will include
cleaners, security guards maintenance operators, amongst others. Even
though these job opportunities will be few compared to those generated
during construction, the existing poor socio-economic conditions suggest
that provision of employment opportunities will have a significant impact on
the local community and eventually have a multiplier effect as a result of
the project activities.
It is also equally important that the community is well prepared in advance

in order to manage expectations and build their capacity in taking up the
available jobs during operations. There should be a transparent process
from the advertisement to the recruitment exercise so as to avoid any
community discontent, especially since these opportunities will be less
than those that were available during the construction phase.
Table 39: Rating of operation phase impact- creation of permanent employment

opportunities
Without enhancement
2 1 2 3


Maximise local employment through training and capacity building;
Recruitment of locals should be done in consultation with the local

authorities and other authority structures in the area;

Ensure there is transparency in the recruitment process; and
Ensure that the community is well informed in advance on the number
of available opportunities so as to manage expectations.
With enhancement

Regional Long-term High Highly probable
3 4 8 4
Result: High positive (+60)
b) Business and investment opportunities

In addition to the creation of temporary employment opportunities, during
the construction phase there will likely be several business and investment
opportunities as a result of increased disposable income and local
expenditure by the employees in the project area. The local expenditure
will likely have a multiplier effect in other sectors of the economy, for
example opening of new markets for products and services, increased
demand for consumer goods and price increases can all have a positive
outcome since the profits will be reinvested in the local economy.
Only 26% of the community members in the project area currently have a
business. This low number of businesses may be attributed to lack of
financial capital. There will likely be an increase in the number of business
and investments as an indirect result of the project.
Table 40: Rating of construction phase impact- business and investment

opportunities
Without enhancement
localized Short-term Minor Improbable
1 2 2 2


Promote the local suppliers in order to boost their financial base;
Prepare the local community in advance regarding the required
materials, supplies and services needed.

With enhancement
Regional Long-term Moderate Highly probable
3 4 6 4
c) Improved reliability of water supply to the community

The upgrading of the community water infrastructure will improve the
reliability of the water supply to the community. The existing piped water
supply to the community is from the Kamwene Water and Sanitation
Project, which has a tank with a capacity of 100,000 liters but is currently
supplying only 300 members due to the poor hydraulic design. Most of the
pipes are damaged due to poor maintenance and sabotage, which has led
to a lot of water wastage along the way.
NHPL proposes to install a water offtake pipeline from the buffer tank. The
pipe that will supply water to the community will be approximately 300 DN
(12 inches), which is twice the size of the existing one and this will improve
the quantity and reliability of supply to the community, allowing it to reach
more households in the community.
Table 41: Rating of operation phase impact- improved reliability of water

supply to the community
Without enhancement
Study area Short-term Minor Probable
2 2 2 3
Result: Low positive (+18)



Proper synchronization of the upgraded system with KWSSP;
Put in place a water services monitoring programme to regulate the supply

and demand needs of the community; and
Offer technical expertise to the KWSSP to ensure a smooth transition
during the upgrading process.
With enhancement
Study area long-term Moderate Highly Probable
2 4 6 4
d) Visual Impacts on the landscape

The impact of this project will depend on its design and “fit” with the
surrounding landscape and its height, form and materials. This will also be
influenced by whether the intake is visible and/or audible as this will attract
attention.
If a structure restricts or traverses a water body it may appear obtrusive

and create a strong artificial edge, which appears very dominant as an
element preventing natural flow of water and views. Debris and sediments
may collect where there is restriction of surface flow, highlighting the
presence of an obstruction and creating a negative image.
Any structure that cuts across a natural water channel will become a new
focal point in the landscape, as a consequence of the structure itself, any
impoundment behind it and the altered flow regime downstream. Adverse
landscape and visual effects will particularly arise where the form and
scale of the intake structure contrast sharply with the dominant natural
forms of the river channel and adjoining landforms.
It is also expected that there would be some visual change once the
project components are put in place. The most significant visual change in
the area will be the low pressure pipeline and the penstock, and power
station due to the disturbance and clearing of trees within the natural forest
and the excavation along a steep slope caused by these elements

respectively. The aboveground penstock will remain visible throughout the

operation of the project.
The overhead transmission line will also have a visual impact in the area,
although limited, as it will traverse a developed area and will entail small
pylons and will not include large lattice steel structures.
Table 42: Rating of operation phase impact- visual impact on the landscape
Without mitigation
Study area Long-term High Highly probable
2 4 8 4
Comments/Mitigation
 Project site areas within MKFR should be re-vegetated/rehabilitated as

soon as the construction works are completed;
Labour intensive methods of construction and delivery of material will be

applied to minimise destruction of the existing areas of visual beauty;
During construction, project activities should be restricted only to the

areas required;
The design of the various structures should be kept as simple as
possible with the form of the weir for example relating to prevailing
landforms and the finish being of a texture and colour that relates to
local ground cover, e.g. outcropping rock/vegetation.
With mitigation
Localized Long term Minor Probable
1 4 1 3

e) Reduced economic activity after construction

During the operational phase there will be a reduction of economic activity.
Since the project will be in operation the demand for raw material and
other services that were associated with the construction activities will no
longer be there. The local service providers will not benefit from the
expenditure from the workers for example, purchasing of goods and
services such as food, accommodation and clothing.
During the operational phase the number of those employed will be

approximately 15 as compared to between 150 and 250 during
construction. This reduction will likely have the cumulative effect of
reducing the economic activity in the area. If those who were employed
during the construction phase do not invest in positive ventures, they could
further exacerbate social ills such as drug, alcohol abuse, crime and
prostitution which may be as a result of the temporary availability of
additional income. It is therefore important that the appropriate mitigation
measures be put in place to address this matter.
Table 43: Rating of operation phase impact-reduced economic activity
Without mitigation
Study area Medium-term High Highly Probable
2 3 8 4
Comments/Mitigation
 Manage expectations by preparing the community of the expected

reduction phase of the project; and
Promote investment and diversification through promoting skills training in
areas such as agriculture and business.
With mitigation

Study area Short-term Low Probable
2 2 4 3
f) Loss of archeological and cultural heritage resources

From the desktop study and fieldwork carried out at the project area, it was
apparent that there were no prehistoric objects or features above the
ground and therefore no significant impacts are expected. The impact on
such objects can therefore be said to be negligible. There is however a
chance that objects buried in the ground may be uncovered in the course
of construction, even in areas where no scatters appear on the surface.
The Chance Finds Procedures developed in accordance with the National
Museums and Heritage Act (2006) and other International Guidelines
outlines the actions to be taken if such objects are found, and a Chance
Finds form should be filled to record the details.
Table 44: Rating of operation phase impact - Loss of Archeological and

cultural heritage resources
Without mitigation
Study area Long-term Moderate Highly Probable
2 4 6 4
Comments/Mitigation
 The proponent closely with a cultural heritage expert and community

members to identify, mark and protect any object of cultural value within

the project footprint.
The construction, location and operations of the Hydro power plant and
associated infrastructure should aim to avoid destruction of cultural,

archeological, and historic resources.
The proponent should collaborate with National Museum of Kenya to
conduct cultural resource recovery and efficient ‘chance-finds’
management in accordance to the Excavation National Museums and


Heritage Act (2006)
The proponent should foster consultations and engagement of local
communities in identifying and managing sites of cultural, archeological,

ceremonial or historic significance
The proponent should develop and implement a cultural resource
management plan which will include:
- NHPL procedures, policies and responsibilities in managing cultural
heritage matters
- Employee and contractor education on significance of cultural
heritage, identification of cultural, archaeological and historical
resource, and procedures for chance finds
- Employee, contractor and general public sensitization of legal
provisions on cultural heritage and collection of artifacts
- Collaborate with the authorities to conserve and monitor cultural,
archeological, ceremonial and historic within and proximate to the

Power Plant to prevent degradation.
Cessation of construction activities on sites of discovered resources of
cultural, archeological, ceremonial or historic significance and the
subsequent management of such resources by authorised professionals
in line with legal provisions under the National Museums Heritage Act,
Chapter 216, 2009.
With mitigation
1 2 2 2

9.5 Optimisation of positive social impacts
As indicated above, there are a number of potential positive impacts of the

project. This section of discusses opportunities for NHPL to channel its
energies into a Corporate Social Responsibility (CSR) programme to
optimise or maximize these benefits.
It must be noted that there a huge number of needs has been articulated
by the community and the NHPL cannot possibly address all these needs.
It needs to determine which of the range of possible projects it should
support, based on a number of considerations, including (amongst others):


social need;
alignment with NHPL’s goals and resources;
 organisational capacity of the groups involved with the projects or

interventions;

potential actual benefit that will accrue to the target groups; and
long-term sustainability of the projects.
It must be stressed that this section does not impose any obligations on
NHPL, but provides it with a range of choices in order to maximize its use
of available resources.
9.5.1 Social investment opportunities

The villages in the project area are marked by a low level of access to
basic services. As indicated by the household survey, at least 87% of the
community members in the area felt that access to water was a big
problem, followed by 83% who felt that access to health care was a big
problem to them.
The public meetings with the communities in the project area also
revealed that water was one of the most pressing needs in the
community, followed by health and education. Because the majority of the
community members in the project area are farmers, the availability of
water would play a key role in improving agricultural production, which
can be used for domestic needs or sold and income.
As part of its CSR programme, NHPL can improve the access to water
among those communities where such services are limited. It is important
that such the social investment programmes be integrated with existing
ones and in collaboration with the local service providers to ensure
maximum positive impacts. For example, the Kamwene Water and
Sanitation Project is one of the main water service providers in the project

area that has been supplying water to about 300 households, which is
way below its capacity of about 4,000 households.
Based on the information gathered from the public meetings with the
community members in the project area, most of them are not able to
access the water service because of the high costs associated with
connections. On average it costs about Kshs 16,000 to have a piped
connection from the Kamwene Water Project for those who are registered
as member and Kshs 62,000 for non-members. Many of the community
members are registered by are not connected to the water service.
There are also challenges faced by the Kamwene Water and Sanitation
Project, such as water loss and wastage along the pipes, which is
attributed to the poor hydraulic design of the system and the quality of
material used. As part of CSR activities, NHPL can consider upgrading
the Kamwene water infrastructure or subsidising the costs associated
with water connection and this can go a long way towards helping the
community.
9.5.2 Community Development Plan (CDP)

As part of long term social investment NHPL can consider developing a
well laid out Community Development Plan (CDP), which aims to work
with individuals and groups within the project area to plan and implement
projects or activities that improve or expand vital social services and come
up with new ways to solve difficult problems and challenges faced by the
community. Most of the community groups that exist in the project area are
made up of members who come together with an aim of generating
income through investing in activities such as poultry rearing or agriculture.
It is important to note that the CDP does not seek to take on the
government’s role as a service provider but will be anchored within the
context of empowerment and sustainable community development for
example by helping the community develop their social capital, increase
the knowledge and skills, encourage participation and network between
the community and local government
As discussed in section 6.6 several Self Help Groups were identified in the
project area during the public meetings held between 26 th to 29th May
2015. A summary of the main thematic area these groups operated in is
shown in the Error! Reference source not found.:

Table 45: List of CBOs in the project area
Name of Group Designation Activity Area of interest

1. Ikame Self-Help Group Poultry Micro finance,
farming Table banking
2. Kiamutamo Self-Help Group Water Micro finance,
Table banking
3. Kimogore Self-Help Group Animal and Micro finance,
poultry Table banking
farming
4. Kiamachimbi Self-Help Group Poultry Micro finance,
5. Kimachimbi Self-Help Group Poultry Micro finance,
Dorep farming Table banking
6. Umoja Young Self-Help Group water Supply water to
Men members
7. Kamweretho Self-Help Group Poultry Micro finance,
8. Mitheru Nkuru Self-Help Group Poultry Micro finance,
9. Mwiria Youth Group Poultry Micro finance,
10. Mt. Kenya Self-Help Group Health, Community
Intergrated Nutrition welfare, micro
finance table
banking
11. Gatugi Women Group Poultry Micro finance,
12. Mitheru United Self-Help Group Poultry Micro finance,
13. Kiini wamama Self-Help Group Poultry Micro finance,
14. Mugai Welfare Funeral Micro finance,
Association support Table banking
15. Muti wa Ngai Self-Help Group Poultry Micro finance,
16. Kaimenyi Self-Help Group Poultry Micro finance,

17. Gatua Self-Help Group Tree Environment

Greenbelt planting
18. Mitheru Self-Help Group Tree Environment
Greenbelt planting
19. Mitheru Disabled group Poultry Micro finance,
Baraka farming Table banking
20. Jubilee Women Group Poultry Micro finance,
21. Ruguta OVC Self-Help Group Food, Supporting
education, OVCs
health
Potential areas of collaboration and Partnership with

CBOs/NGO’s/self-help groups
Based on the findings of the household survey as summarized in section 7

and through public consultations with the communities in the project area,
the main thematic areas that NHPL can consider working with the
communities as part of CSR activities include the following;


Agricultural training;

Health awareness campaigns e.g. Malaria, HIV/AIDS;

Demonstrations farms on agriculture and animal husbandry;

Training on the use of natural medicine;

Training on business skills;
Provision of water;
From the list of 21 NGOs/CBOs and self-help groups identified, most of

them were focused on table banking activities in which all members in the
group paid regular contributions and were entitled to borrow money from
the joint account. These groups tend to be less active in terms of general
community welfare activities. There were however 3 main groups identified
that could potentially be beneficial for partnership should NHPL choose to
implement a Community Upliftment Project (CUP). These three groups
were identified based on their proactive nature, focus of the community
welfare and alignment to some the key thematic areas of interest within the
community as identified during the stakeholder engagements. Below is a
brief summary of these groups, their activities and relevance in terms of
community upliftment and CSR activities.

1. Ruguta Orphans and Vulnerable Children Self-Help Group

Ruguta/Mitheru Orphans and Vulnarable Children (OVC) is a self-help
group /project in the project area registered under the Ministry of Gender,
Children and Social Development (registration certificate annex 8) It was
registered in 11th July 2012 but was formed in the year 2000 and was
supporting 46 OVCs. By the year 2009 the group was supporting 90 OVCs
and by 2010 they were supporting 210 children. Currently, the group
supports about 250 OVCs in the area. About 26 children being supported
are HIV positive. The group is composed of 7 committee members and
including: chairperson, Treasurer, Nurse security and Patron
Because of the high number of children and limited resources they seek
support from donors and currently they have partnered with Food for the
Hungry (FH) which is an International Organisation that operates in 25
countries in Asia, Africa and Latin America. The Organisation seeks to work
with most vulnerable people so that they can overcome hunger and poverty
through integrated self-development programmes such as agricultural
training, micro-enterprise, health, economic and community development.
Ruguta OVC receives support in form of food, school uniforms, blankets,

mattresses, sanitary towels and other basic essentials that go towards
supporting the children. The group is however faced with several
challenges which include:
Lack of adequate support: this is due to the limited number of

partners/collaborators as compared to the high number of OVCs in the
project. Currently they only get support from FH and a few well-wishers.
Lack of a children’s home: The group does not have a children’s home to
accommodate the 250 children and as a result most of these OVCs are
living with their grandparents where the support is given. This poses a
challenge as it becomes difficult to properly monitor the welfare of these
children. Currently the group has acquired a public land at Ruguta Dip
where they intend to set up a children’s home in the near future.
Based on the assessment and interactions with the local community in the
project area, it is clear that poverty levels are high and this has had a
bearing on the health and education of the community with the children
having the greatest impact. As revealed in the assessment in section 7.6,

there is a relative low education levels in the area with many dropping out
before completing their primary education
Projects that will be geared towards supporting the welfare of these

children in terms of health and nutrition will have a positive bearing on their
education since there will face minimal interruption. Some of the proposed
areas that NHPL can consider that will go toward improving the education,
health and welfare of these children include:
 Construction of a children’s home at the land acquired at

Ruguta;
 Agricultural projects and training specifically aimed to supply
food and generate income that will go towards supporting the
OVCs;
 Providing of scholarships and bursaries;
 Provision of medical services in collaboration with health centres
e.g. regular checkups, counseling and testing, medical supplies
etc.;
 Provision of sanitary towels for the girls; and
 Provision of uniforms and clothing.
In order to ensure the sustainability of project/programmes, collaboration

with the local government is important. For example the Ward administrator
who is also a Patron in the group can be used as a link or representative
between the self-help group and local administration to ensure the
synchronization of the group’s activities and local government projects.
There may also be need to have a more comprehensive database of the

OVCs in order to monitor their progress and welfare on a regular basis.
2. Mt. Kenya Integrated Community Development Organization (MKICDO)

Mount Kenya Integrated Community Development Organization (MKICDO)
is an umbrella NGO with various projects that focus on environmental
preservation, education, health and nutrition with an overall aim of helping
the communities to improve their living conditions. One of the projects in the
area focuses on promoting of good health by educating the community
members of plant medicine.

Based on the finding of the assessment and interaction with the community
in the project area, access to health is a major challenge for the community
members and as a result there is a high prevalence of diseases such as
common worms, amoeba and respiratory infections as discussed in section
6.3. Projects that are geared toward promoting health and nutrition can have
a positive impact on the well-being of the community As part of CSR
activities it is recommended NHPL can consider promoting the health of the
community members by partnering with MKICDO on the following specific
areas;
 Working together in listing and documenting the various trees and

plants of medicinal importance that are found in the project area;
 Promoting and rolling out of education programmes in the
community on the use of plant medicine; and
 Promoting of agricultural activities to cultivate and conserve plants
and trees for medicinal importance.
Another area where NHPL can consider partnering with MKICDO is on the
area of environmental conservation. As discussed in section 6.19 and 7.15
the main source of energy in the community is firewood which has led to
rapid deforestation. The Kenya Forest Service (KFS) has been in the
process of rolling out several projects such as putting up a fence in the
forest area so as to control the movement of the community members and
protect the trees and animals within MKFR. Despite this efforts, there is
however still continuous illegal logging of trees due to the high demand of
firewood. The specific area in which NHPL can partner with MKICDO as
part of environmental conservation includes:
 Rolling out of education programmes on environmental
conservation such as awareness campaigns;
 Promoting of alternative sources of energy such as solar
systems;
 Promoting of tree planting projects for example by supplying of
seed;
 Raising of tree nurseries; and
 Promoting alternative livelihood sources.
3. Mitheru Baraka Disabled Self-Help Group

This is a self-help group that was formed in 2009 and registered under the
Ministry of Gender, Children and Social development (registration
certificate annex 7). It aims to promote the welfare of the disabled
members within the community by enabling them to have sustainable
source of livelihood. It has a chairman, secretary and treasurer and is
made up of 15 members all of whom are disabled. The group has a goat
project called Kaunju milk goat project that keeps high-quality dairy goats
which are then sold to raise income. They also rear rabbits and have a
nursery where they grow the animal feed. The government provided initial
funding during the formation of the group and sent experts to train them on
animal husbandry and agriculture.
During the stakeholder consultations, one of the issues that was regularly
raised by the community members was how the project would cater for the
needs and interests of the disabled groups within the community.
As part of the community upliftment programme NHPL can consider

partnering with this group as a platform to promote the interests of the
disabled groups in the community. Some of the key areas that can be
considered include:
 Promote expansion of the animal rearing projects in order to

raise more income. For example, increasing the number of
goats and rabbits with an aim of increasing the groups capacity

to reach more members;
Promote diversification of activities for example, include
agricultural activities for cash crop farming; and
Provide education and training on agriculture and animal husbandry.
9.6 Impacts on the MKWHS
This section presents the potential project impacts on the OUV of the
KWHS. Four elements of the proposed project (weir, low pressure
pipeline, buffer tank and de-sanding structure) fall within the MKFR and
MKWHS.
The impact assessment on OUV and biophysical issues in this ESIA

follows the IFC PS 6 (Biodiversity Conservation and Sustainable
Management of Living Natural Resources) (IFC, 2012). The objectives of
this PS are:



To protect and conserve biodiversity;

To maintain the benefits from ecosystem services; and
To promote the sustainable management of living natural resources
through the adoption of practices that integrates conservation
needs and development priorities.
As part of PS 6, it is a requirement that a conservation value is allocated to

the ecological features (protected areas, habitats and species) that are
likely to be directly or indirectly affected by the project. Under the IFC
guidance, the requirements of PS6 apply to projects in all habitats,
whether or not those habitats have been previously disturbed and whether
or not they are legally protected. Specifically a project is required to:
 Assess the significance of project impacts on all levels of

biodiversity as an integral part of social and environmental

assessment process;
Take into account differing values attached to biodiversity by

specific stakeholders;

Identify impacts on ecosystem services; and
Assess major threats to biodiversity, especially habitat destruction
and invasive alien species.
Habitat destruction is recognised as a major threat to maintenance of

biodiversity and to assess likely significance of impacts, PS 6 makes the
following recommendations depending on habitat status (“modified habitat”
is not mentioned here, as it is not applicable to this project within the MKR
/ MKWHS):
Natural Habitat: the developer will not significantly convert or degrade

such habitat unless no financial/technical feasible alternatives exist, or
overall benefits outweigh cost (including those to biodiversity), and
conversion or degradation is suitably mitigated. Mitigation measures need
to achieve no net loss of biodiversity where feasible. This should be
according to a mitigation hierarchy, with residual significant impacts being
addressed through offsettsing and/or set asides of areas managed for
biodiversity.
Critical Habitat: in areas of critical habitat the developer will not

implement project activities unless there are no measurable adverse
impacts on the ability of the critical habitat to support established
populations of species described or on the functions of the critical habitat;
no reduction in population of a recognised critically endangered or
endangered species and lesser impacts mitigated as per natural habitats.
Developers must achieve a net gain in biodiversity if critical habitats are
affected.

As defined by PS 6, a ‘critical’ habitat is a subset of both natural and

modified habitat that deserves particular attention. Critical habitats include
areas with high biodiversity value, including:
 habitat required for the survival of critically endangered species

(IUCN red list);
areas having special significance for endemic or restricted-range

species; sites that are critical for the survival of migratory species;
areas supporting globally significant concentration or numbers of

individuals; areas with unique assemblages of species; and
areas having biodiversity of significant social, economic or cultural
importance to local communities.
The PS 6 guidance recognises the importance of ecosystem services. If a

project is likely to adversely impact on ecosystem services, as determined
by the impact assessment process, a systematic review to identify priority
ecosystem services must be undertaken any impacts on affected
communities must be avoided and impacts on ecosystem services must
be minimised. Ecosystem services are addressed within PS6. However, it
is a multi-disciplinary topic and cross-cutting issue, which is relevant to
several performance standards.
To assess the impact of the project on the Mt. Kenya WHS, the impacts
have been compared to the criteria that were applied to nominate Mt.
Kenya as a WHS in Table 46.
Table 46: Assessment of impacts of the NHP against WHS criteria
Criterion NHP impact on criterion

(vii) contains superlative natural The proposed NHP will affect the outer periphery of the
phenomena or areas of exceptional Mt. Kenya WHS, being situated partly within the buffer
natural beauty and aesthetic zone of the WHS. As such, the NHP will not affect the
importance aesthetically significant glaciated high altitude regions
or any of the other regions above the forest. Although
the NHP will cause removal of trees along the low
pressure pipeline, with resulting aesthetic impacts on a
local scale, these impacts will be of a temporary nature
(during construction and c. 5 years after construction).
Once vegetation has re-established along the route of

the low pressure pipeline, the impact will be much
reduced. Thus, given the local nature of the impact and
its short-lived nature, the effect on overall aesthetic
value and natural beauty of Mt. Kenya is not regarded
to be significant.

Criterion NHP impact on criterion

(viii) outstanding examples representing The NHP is situated at a low altitude on the periphery
major stages of earth's history, of the MKWHS, and as such has a very low level of
including the record of life, significant on- impact on the unique geological features such as the
going geological processes in the snow-capped peaks, glaciers and glaciated valleys in
development of landforms, or significant Mt. Kenya’s high altitude regions.
geomorphic or physiographic features
(ix) examples representing significant Three species of conservation importance have been
on-going ecological and biological confirmed to occur or potentially occur within the NHP’s
processes in the evolution and area of influence: African Elephant and two tree
development of terrestrial, fresh water, species.
coastal and marine ecosystems and
communities of plants and animals Although two threatened and protected tree species do
occur within the project’s area of influence, their density
(x) contain the most important and is very low due. This is due to a combination of factors,
significant natural habitats for in-situ including illegal harvesting that has taken place in this
conservation of biological diversity, portion of the forest and due to the area being in such
including those containing threatened close proximity to populated areas. Furthermore,
species of Outstanding Universal Value mitigation measures can avoid impacts on these
from the point of view of science or species. For instance, a flexible pipeline material is
conservation proposed to be used, so that the low pressure pipeline
can be routed around conservation-important groups of
trees or individuals. The pipeline alignment can be
varied both vertically and horizontally to avoid impacts
on important species.
The Chogoria sector, within which the NHP occurs,

contains a very small proportion of the total elephant
population of Mt. Kenya. Impacts on elephants that
move through this area can be mitigated by appropriate
scheduling of construction activities, which in any event
would be of short enough duration that it would affect
only a single season during which elephants move
through this area.
Of the other conservation-important species identified

in the Environmental Project Report, none have been
found in the NHP’s area of influence.
Of all the criteria mentioned above, the NHP would arguably have the
greatest effect on (xii) (aesthetic importance) and (x) (biological diversity).
This is because the removal of trees for the low pressure pipeline and the
establishment of the pipeline (and associated access road on top of it), the
desanding structure and weir will involve a short-term and localised but
significant change in the appearance of the forest. This will be most
pronounced during construction and shortly thereafter, but will lessen as

vegetation re-establishes itself around these elements of infrastructure

within a short time span.
The most significant effect on the criterion (x) would be the impact on
movement of African Elephants. Due to the relatively short duration of
construction, this impact would last for only one season during which the
elephants move down to low altitudes close to the forest boundary.
When the scale and temporal nature of these impacts within the NHP’s
area of influence are compared to the scale of the affected resources
within the wider Mt. Kenya ecosystem, these impacts cannot be
considered to cause a substantive or permanent reduction of the OuV of
the Mt. Kenya WHS.

9.7 Cumulative impacts
Cumulative impacts are changes to the environment that are caused by an

action in combination with other past, present and future human actions.
IFC PS 1 states that environmental assessment should include consideration

of “… cumulative impacts of existing projects, the proposed project and
anticipated future projects.” For the purposes of this report, cumulative
impacts are defined as ‘direct and indirect impacts that act together with
current or future potential impacts of other activities or proposed activities in
the area/region that affect the same resources and/or receptors’. Projects that
may have a cumulative impact include those for which authorisations have
already been granted, that are currently subject to authorisation applications
or that have been identified in regional plans.
Cumulative Impacts Assessments (CIA) are typically expected to:
 Assess impacts over a larger (i.e. “regional") area that may cross
jurisdictional boundaries (includes impacts due to natural perturbations
affecting environmental components and human actions).
 Assess impacts during a longer period of time into the past and future;
 Consider impacts on Valued Ecosystem Components (VECs) due to
interactions with other actions, and not just the impacts of the single
action under review;
 Include other past, existing and future (e.g., reasonably foreseeable)
actions; and
 Evaluate significance in consideration of other than just local, direct
impacts.
As already indicated, a section of the proposed project is to be located in the

MKFR. The total footprint of the project within the MFKR during construction
(covering the weir, low pressure pipeline, access road and construction
corridor) will be approximately 8 ha, while the residual footprint after
construction will be 0.5 ha, comprising only the weir and desanding structure.
Even though the proposed project footprint is small and will fall in the buffer
zone of the MKWHS, the change in land use and improved access due to
opening up a new access road into the park may increase the already existing
impacts such as poaching, illegal logging and disturbance of wildlife habitats.
These impacts will occur beyond the proposed project footprint.
Cumulative impacts may also arise from a collection of small-scale run-of-

river schemes along a particular water body, and could also be relevant to
two or more storage schemes in catchments in close proximity and of equal
Kurrent Technologies Ltd, May 2015 Page 201

importance to particular species (e.g. within bird feeding range) or a particular

viewpoint. Possible cumulative impacts could include:
 Pressure on available local water resources;

 Landscape and visual impacts from particular viewpoints e.g. within
National Scenic Areas or along Rights of Way) both from the structure and
any ancillary developments;
 Disruption to migratory/ feeding areas for species within a catchment area
and subsequent knock on effects on the feeding areas of terrestrial
species.
Cumulative effects can also occur between small hydro schemes and other
forms of development such as roads and industrial developments. The
environmental effects of individual activities (or projects) can combine and
interact with other activities in time and space to cause incremental or
aggregate effects. Effects from disparate activities may accumulate or interact
to cause additional effects that may not be apparent when assessing the
individual activities one at a time.
Table 47: Rating of cumulative impacts
Without mitigation
2 2 6 4
Result: Medium (-40)
 Compliance with the IFC PS1 “Cumulative Impact Assessment and

Comments/Mitigation
 Identify different project design changes to avoid cumulative impacts

Management
 Project mitigation to minimize cumulative impacts, including adaptive

(location, timing, technology).
 Fostering collaborative protection and enhancement of regional areas to

management approaches to project mitigation
 Collaborative engagement in other areas cumulative impact management

preserve biodiversity
 Participation in regional monitoring programs to assess the realized

strategies.
cumulative impacts and efficacy of management efforts.

With mitigation
1 2 2 2
Result:- 10 Low

10. Environmental and social management plan
This Environmental and Social Management Plan (ESMP) seeks to manage

and keep to a minimum the negative impacts of the proposed Nithi Hydro
Power project and at the same time, enhance the positive and beneficial
impacts.
10.1 Objectives of the ESMP
The objectives of the ESMP are to:
 Identify a range of mitigation measures which could reduce and mitigate

the potential impacts to minimal or insignificant levels;
 To identify measures that could optimize beneficial impacts;
 To create management structures that address the concerns and

complaints of stakeholders with regards to the development;
 To establish a method of monitoring and auditing environmental

management practices during all phases of development;
 Ensure that the construction and operational phases of the project

continues within the principles of Integrated Environmental Management;
 Detail specific actions deemed necessary to assist in mitigating the

environmental impact of the project;
 Ensure that the safety recommendations are complied with;
 Propose mechanisms for monitoring compliance with the ESMP and

reporting thereon; and
 Specify time periods within which the measures contemplated in the final
environmental management plan must be implemented, where
appropriate.
 To ensure that the legal requirements applicable to the project are

complied with.

10.2 ESMP roles and responsibilities
Several professionals will form part of the construction team. The most
important from an environmental perspective is the Project Manager, the
Project EHS Officer and the Contractors that NHPL will engage.
The Project Manager is responsible for ensuring that the ESMP is

implemented during the pre-construction and construction phases of the
project.
The Project EHS Officer is responsible for monitoring the implementation of

the ESMP during the design, pre-construction and construction phases of
the project.
Each of NHPL’s appointed Contractors is responsible for abiding by the

mitigation measures of the ESMP which are implemented by the Project
Manager during the construction phase.
The Project Manager is responsible for ensuring that each of the Contractors
complies with the mitigation measures and ESMP requirements during the
design, pre-construction and construction phases of the project.
NHPL and its contractors will be responsible for implementation of the ESMP
during the operational and decommissioning phases of the project.
Decommissioning will however entail the appointment of a new professional
team and responsibilities will be similar to those during the design, pre-
construction and construction phases. It is unlikely that the NHP will be
decommissioned for several years.
10.2.1 Project Manager

The Project Manager is responsible for overall management of the project
and ESMP implementation. The following tasks will fall within his/her
responsibilities:
 Be aware of the findings and conclusions of the Environmental and Social

Impact Assessment and the conditions stated within the EIA License
issued by NEMA;
 Be familiar with the recommendations and mitigation measures of this

ESMP, and implement these measures;
 Monitor site activities on a daily basis for compliance;
 Conduct internal audits of the construction site against the ESMP;

 Confine the construction site to the demarcated area; and
 Rectify transgressions through the implementation of corrective action(s).
10.2.2 Environmental Manager

The NHPL Environmental Manager will be responsible for the implementation
of the ESMP during the construction phase as well as liaison and reporting to
NHPL, appointed Contractors and Authorities. The following tasks will fall
within his/her responsibilities:
 Be aware of the findings and conclusions of the Environmental and Social

Impact Assessment and the conditions stated within the EIA License;
 Be familiar with the recommendations and mitigation measures of this

ESMP;
 Conduct periodic (e.g. monthly) audits of the construction site according to

the ESMP and EIA License conditions;
 Educate NHPL’s Contractors about the management measures of the

ESMP and EIA License conditions;
 Regularly liaise with the FIM’s Contractors and the Project Manager on the
ESMP implementation;
 Recommend corrective action for any environmental non-compliance

incidents on the construction site; and
 Compile a regular report highlighting any non-compliance issues as well

as good compliance with the ESMP.
10.2.3 NHPL’s Contractor

Each NHPL appointed contractor is responsible for the implementation and
compliance with recommendations and conditions of the ESMP. The
Contractor will:
 Ensure compliance with the ESMP at all times during construction;
 Maintain an environmental register which keeps a record of all incidents

which occur on the site during construction. Examples of such incidents
include:
o Public involvement/complaints;
o Health and safety incidents;

o Incidents on site; and
o Non-compliance incidents.
10.2.4 Environmental management responsibilities

The following are the environmental management responsibilities of the
various parties during construction and operational phases. Unless otherwise
stated the ESMP will be adhered to as follows:
 The Contractor’s EHS Officer will be accountable for compliance with this
ESMP during the construction phase as it applies to their work area;
 The monitoring party will be NHPL’s Environmental Manager;
 The method of record keeping will be regular inspections depending on

the stage of the project;
 The inspection technique will include a review of records that will be kept
on site by the Contractor EHS Officer and/or site inspections;
 NHPL will bear ultimate responsibility for environmental management.

Figure 57: Organizational reporting chart (construction phase)

NITHI HYDRO POWER LTD
CONSTRUCTION PHASE
Lenders
Frontier ESG Frontier Board

External Stakeholders
Manager of Directors
Regulatory Authorities
Local Authorities
CONTRACTOR
NHP Financial NHP Technical Contractor's
Manager Manager Project Manager
Social
Office NHP Site Contractor's Site
Accountant Development
Manager Manager Manager
officer
Legend:
Organisational lines
Contractor's
Contractor's E&S Community/
Main E&S reporting lines Contractor's XX
Representative Workforce
Relations Officer
Linkages
NHP Community
Community
Liaison Officer

Figure 58: Organizational reporting chart (operational phase)
NITHI HYDRO POWER LTD

OPERATION PHASE
Lenders
Frontier ESG Frontier Board

Manager of Directors
External Stakeholders
Regulatory Authorities
Local Authorities
NHP Project NHP Project

Coordinator Engineer
Office Comm Liaison NHP Site

Accountant
Manager Officer Operator/ ESMS
Rep
Community
Legend:
Organisational lines
Main E&S reporting lines
Linkages

10.3 Environmental monitoring
An monitoring program will be implemented for the duration of the

construction phase of the project. This program will include:
 Monthly environmental inspections to confirm compliance with the ESMP

and EIA License conditions. These inspections can be conducted
randomly and do not require prior arrangement with the Project Manager;
 Compilation of an inspection report complete with corrective actions for

implementation;
 Monthly EHS committee meetings to be held to ensure compliance with

the OSHA and its subsidiary legislation.
The EHS Officer shall keep a photographic record of any damage to areas
outside the demarcated site area. The date, time of damage, type of damage
and reason for the damage shall be recorded in full to ensure the responsible
party is held liable.
During the pre-construction, construction and operational phases, NHPL will

implement its Grievance Mechanism. Each NHPL appointed Contractor shall
be responsible for acquiring all necessary permits during the construction
phase of the project. Such licenses include any abstraction of water permits,
local authority approvals for camp site locations and operations, extraction of
aggregates from borrow pits and their rehabilitation, etc.
10.3.1 Compliance with the ESMP and associated documentation

A copy of the ESMP must be kept on site during the construction period at all
times. The ESMP will be made binding on all contractors operating on the site
and must be included within the Contractual Clauses. It should be noted that
in terms of the principles of environmental management espoused through
the EMCA, those responsible for environmental damage must pay the repair
costs both to the environment and human health measures to reduce or
prevent further pollution and/or environmental damage (the polluter pays
principle).
10.3.2 Training and Awareness

Training of Construction Workers
The construction workers must receive basic training in environmental

awareness, including the storage and handling of construction materials and
substances, minimization of disturbance to sensitive areas, management of

waste, and prevention of water pollution. They must also be appraised of the
ESMP’s requirements.
Contractor Performance
The NHPL appointed Contractor must ensure that the conditions of the ESMP
are adhered to. Should the Contractor require clarity on any aspect of the
ESMP, the Contractor must contact the Project Manager for advice.
10.4 ESMP requirements for the pre-construction phase
The requirements that need to be fulfilled during the pre-construction phase of

the project are as follows:
 There should be continuous liaison between NHPL, its appointed

Contractor and the community to ensure all parties are appropriately
informed of construction phase activities at all times;
 The community should be informed of the starting date of construction as

well as the phases in which the construction will take place;
 The NHPL appointed Contractor must adhere to all conditions of contract

including the ESMP;
 The NHPL appointed Contractor should plan its construction program

taking cognizance of climatic conditions especially wet seasons and
disruptions that can be caused by heavy rains;
 The Community Liaison Officer must keep a proper record of all

complaints received and actions taken to resolve the complaints;
 The Environmental Manager and Contractor’s EHS officer should

implement this ESMP;
 Internal environmental inspections and audits should be undertaken

during and upon completion of construction. The frequency of these audits
should be quarterly;
A formal communications protocol should be set up during this phase. The

aim of the protocol should be to ensure that effective communication on key
issues that may arise during construction be maintained between key parties
such as the Project Manager, Environmental Manager, Social Performance
Manager and the contractors. The protocol should ensure that
concerns/issues raised by stakeholders are formally recorded and considered
and where necessary acted upon. If necessary, a forum for communicating
with key stakeholders on a regular basis may need to be set up. The

communications protocol should be maintained throughout the construction

phase.
10.5 ESMP requirements for the construction phase
10.5.1 Site preparation

Site clearing will be limited to the area required by each contractor allocated
work area. No site facilities likes camp, offices and stores shall be constructed
within the MKE. Site clearing must take place in a phased manner, as and
when required. Areas which are not to be constructed on within say one
month of time must not be cleared to reduce erosion risks. The area to be
cleared must be clearly demarcated and this footprint strictly maintained.
10.5.2 Establishment of the construction materials yards

NHP contractors will establish their work area in an orderly manner and all
required amenities shall be installed at its work area before the main
workforce move onto site. The area shall have the necessary ablution
facilities with chemical toilets at commencement of construction. The
Contractor shall inform all site staff to make use of supplied ablution facilities
and under no circumstances shall indiscriminate sanitary activities be allowed
other than in supplied facilities.
The Contractor shall supply waste collection bins and all solid waste collected
shall be disposed of using NEMA approved waste handlers. A Waste
Tracking Sheet required by Legal Notice 121: Waste Management
Regulations, 2006 will be obtained by the Contractor and kept on file. The
disposal of waste shall be in accordance with the Waste Management
Regulations, 2006. Under no circumstances may any form of waste be burnt
on site.

Table 48: Proposed ESMP for the NHP
Environmental/ Mitigation Measure Monitoring Entity Frequency of Unit Cost

Social Issue Indicators Responsible/ Monitoring (US$)
Supervising
Agency
Preconstruction  Train site staff on conservation of ecological  Number of NHPL Once per quarter $ 2500 for training
issues habitats within MKE, , environmental sensitization and of 200 people
awareness, prevention of accidental spillage of trainings meetings

chemicals and oil, pollution of water resources held. $ 2500 for
sensitisation of

and identification of archaeological artifacts Minutes of
Train and sensitize the machinery operators on sensitization 200 people

any potential hazards associated with their meetings.
tasks Availability of a

sensitization
programme.
 Demarcate clearly (e.g. using fencing and  Demarcated Contractor Hoarding cost to
danger tape) all areas to be developed before construction site be included in the
construction commences; BOQ
 Provide as much as possible opportunities for  Establishment of local NHPL Before

employment to persons from the local areas labour desk Contractor commencement of
within Mitheru Sub-county; the construction
work
 All movements and operations within MKE  A specific and project NHPL
should be monitored and well regulated to based program of KFR
avoid illegal activities within the forest. access to the MKFR KWS


Supervising
Agency
Increased soil  Install soil erosion control structures like  Number of gabions NHPL Continuous The unit cost of
erosion and gabions and check dams; and check dams Contractor gabions will be
landslides installed to prevent County incorporated in
erosion Environment the engineering
Officer costs of the
project.
 Install and regularly empty sediment traps in  Presence of sediment Contractor Continuous The unit cost of

surface drains of the construction areas. The traps. sediment traps will
contractor should construct sediment traps Sediment traps be incorporated in
along the pipeline route on the steep slopes to effective at removing the construction
prevent and/or arrest any falling debris, soil or sediments costs of the
rocks from reaching the river and other smaller project

watercourses.
Proper design for storm water drainage
facilities and maintenance during the
construction phase are critical for mitigation;
 Disposal of excavated/cut soil should be  A rehabilitation plan NHPL and Continuous The cost of
undertaken outside fragile ecosystems and must be developed to Contractor dealing with spoil
water sources, under the direction of the deal with stabilisation will be included in
resident engineer who should approve of cut and fill slopes the engineering

disposal sites; caused by cost of the project.

Construction during heavy rains should be construction.
avoided as much as is possible as water Contractor method

logged soils are easily eroded; statements developed
Labour-intensive methods of excavation to specify how
should be applied on the steep slopes, where erosion control
necessary, to minimize disturbance of the soil measures will be
by construction machinery. implemented.


Supervising
Agency
 Revegetation of areas where construction has  Tree planting NHPL Monthly $ 30,000 for a

been completed must happen as early as programme in place Contractor tree planting
possible and progressively as the construction Disturbed areas programme

front for the low pressure pipeline moves; rehabilitated (based on 3,000
Soil erosion control measures that have been (vegetation trees at $10 per
installed during construction must be established and tree, including
maintained and/or altered during operation to stable after end of the labour and
ensure that they remain effective. first growing season materials)
following the end of
construction)
Water quality  establish and implement a site construction  Construction site NHPL Continuous $ 3000 for the
impacts waste and wastewater management plan to waste management Contractor HSE training
Training should be program for 200

avoid water impacts from construction programme
activities. The plan should include regular Number of health and Registered done during workers.
refresher training sessions for construction safety induction DOSHS trainer induction

workers as pertains to safe and proper trainings undertaken
storage, handling, use, cleanup, and disposal
of oils, fuels and other chemicals and the
implementation of a comprehensive spill
response plan including equipment and
training;


Supervising
Agency
 The construction worker’s camp must be  Maintenance records Contractor. Continuous The cost of

located away from the steep river banks; of Motorized NHPL signage will be

Install treatment facilities and/or oil/water equipment. included in the
separators to remove oil and grease from Good housekeeping NEMA engineering cost
drainage water prior to discharge to adjacent at the fuel
 
water courses; storehouse.
Install secondary containment measures in Flagging and

areas where fuels, oils, lubricants etc. are appropriate signage.
stored and loaded or unloaded, including filling A spill contingency
points. All contractor fuel storage facilities must plan.
be bunded on an impermeable base to ensure
that potential leakages from containers are

contained.
In case of oil pollution, sedimentation and
siltation, the contractor should halt construction
activities immediately and recover the pollutant

before it reaches any receiving water sources.
The contractor must avoid washing
construction equipment at the water pump or
transfer station to avert pollution of receiving
water sources;


Supervising
Agency
 Wastewater treatment facilities must be  Waste segregation Contractor Continuously $ 1000 will be the
installed to treat wastewater from the workers’ into biodegradable unit cost for the
accommodation and other construction and non- mobile toilet and
appropriate

facilities; biodegradable waste
signage

Provide disposal facilities for wastes at the types
campsite, properly allocate the dumping site Presence of a mobile

and provide mobile toilets toilet and waste water

Undertake regular water quality monitoring in treatment facilities
the reservoir, and water body downstream to Water quality tests
include dissolved oxygen, nutrients (N & P), undertaken by NEMA

pesticides and nuisance plants. accredited specialists
Hydrology and  construct barriers (sediment traps) along the  Presence of metallic NHPL Continuous
hydrogeological low pressure pipeline (between the pipeline barriers (sediment Contractor
impacts

and the river) to prevent and/or arrest any traps).
falling debris, soil or rocks from reaching the

river;
Disposal of cut soil and all the debris trapped
by the sediment traps should be undertaken
outside wetlands, road reserves and fragile
ecosystems


Supervising
Agency
 There should be controlled clearance of  Presence of cut soil Continous $ 30,000 for the
vegetation, and this should be strictly limited to along road reserves, tree planting

only the footprint of the project; wetlands and fragile programme (as

Disturbed areas should be rehabilitated using ecosystems. indicated above)

suitable indigenous vegetation. This vegetation
should be planted along the drainage channels Tree planting program $ 300 is the unit
cost of water
 
to reduce the scouring effect of water; in place
NHPL operations should be managed to avoid Disturbed areas quality analysis
 
rapid fluctuations in downstream flow. rehabilitated
There should be periodic monitoring of water
flow downstream  Water quality results
 

Air quality Implement a journey management plan to Presence of JMP Contractor Continuous The cost of
impacts include speed limits, as trucks moving at a low Transport safety access road
speed will generate less dust. Speed bumps Training to be Dust arrest should construction will

training done
must be Installing speed bumps at selected Rehabilitation of done during be done during dry be included in the
locations in order to reduce traffic speed, access tracks and induction of weather Project BOQ
particularly near sensitive receptors such as dust arrest activities drivers

schools and clinics. $200 unit cost of
Dust in areas with sensitive receptors must water and
also be controlled by regularly (at least daily) sprinkling services
using a 13 m3

sprinkling water during dry periods.
The existing access track will be upgraded to water bowser
an all-weather standard up to the position of
the buffer tank – thus, dust–generation in the
MKFR during the dry season will be reduced.


Supervising
Agency
Poaching and  Incorporate wildlife awareness  Number of NHPL Continous $ 2500 for training
logging training/sensitisation programmes into the sensitization and Contractor 200 people
Contractor’s ESMP to address possible trainings meetings Training to done
 
pressures on wildlife; held. KFS to be during the $ 2500 for
Implement education programmes for Minutes of updated regularly induction of sensitization of
construction workers on, inter alia: respect for sensitization workers 200 people

wildlife and vegetation, avoidance of fires and meetings.
accidental damage, and generally restricting Availability of a
the footprint of the construction camp and work

sensitization
areas to that which is required;

Programme
Memorandum of
understanding
between KFS and
NHPL on carrying out
operations within
MKFR
 The existing access road into the forest must  Acces route NHPL To be included in
be upgraded only as far as the proposed constructed in Contractor the engineering
position of the buffer tank. The only other road accordance with cost of the project.
that may be constructed is the road along the project design
low pressure pipeline route (on top of the
pipeline). No other roads may be constructed
inside the MKFR.


Supervising
Agency
 The contractor and all other related personnel  Number of KFS NHPL Continuous $ 10 / day (unit

must be accompanied by a KFS–appointed officer involved Contractor cost of hiring an
guard at all times when entering the MKFR Memorandum of armed KFS
and must have appropriate identification as understanding KFS to be officer)
updated regularly

agreed with the KFS; between KFS and
Apart from the KFS guard that will accompany NHPL on carrying out
the construction team, no firearms may be operations within

taken into the MKFR; MKFR
The developer must develop and implement a .
site access plan to prohibit/control public

access into the MKFR. This plan must be
developed in collaboration with the KWS and
KFS to establish effective regulation of entry to
the MKFR.
Impacts on  The location of specimens of V. keniensis and  A map showing the NHPL Continous $ 2500 for training
terrestrial flora O. kenyensis should be identified and mapped location of the Contractor of 200 people
prior to the commencement of construction to identified vulnerable

ensure total avoidance during construction and species Tree planting to $ 2500 for
be done in sensitization of

operation. Programme on
During construction, habitat disturbance should conservation of consultation with 200 people
KFS and

be minimised by restricting the project vulnerable species.
community forest $ 30,000 for the

activities to only the minimum area required; Number of
Large canopy trees must be mapped and the sensitization and organizations tree planting
low pressure pipeline route must be aligned to trainings meetings programme (as
indicated above)
 
avoid them. held.
The cutting of vegetation within the MKFR Minutes of
must be restricted to only those trees that need sensitization

to be removed along the low pressure pipeline meetings.
path and at the buffer tank and de-sanding Availability of a
structure. No other trees may be removed, cut

sensitization
or damaged in any way. Fines for any form of Tree planting
damage will be imposed on transgressors and programme and


Supervising
Agency
individuals who are guilty of causing such number of trees

damage may be sent off-site; planted
No borrow pits will be created within the
MKFR. All construction material will be
obtained from existing sources outside the

MKFR.
No fires will be allowed within the MKFR. The
contractor shall provide other forms of fuel for

cooking e.g. gas or paraffin.
Regular education and awareness
programmes will be maintained for
construction workers throughout construction
on, inter alia: respect for wildlife and
vegetation, avoidance of fires, waste

management, conflict with wildlife, etc.
avoid locating temporary project infrastructure
such as access roads, quarries, construction
camps and storage areas in the natural forest

and other sensitive ecosystems;
plant trees within and around the project area
as a biodiversity offset and to support
afforestation activities within the project area

and beyond.
The sites should be re-vegetated/rehabilitated
as soon as the construction works are
completed. Following the construction phase,
the affected areas should be restored and
indigenous vegetation must be replanted.
Restoration using exotic plant species should
be avoided since they may interfere with the

ecological processes within the area.
The contractor should install slope stabilization


Supervising
Agency
and soil conservation measures while working

on the steep areas.
The footwear of those undertaking the
construction should be cleaned thereafter to
the stop spread of these invasive species to

other areas by seeds.
Movement of equipment (vehicles, contractors
and the entire construction crew) must only
follow designated pathways or agreed upon
 
access routes.
Habitat The working areas for the weir, low-pressure A fence/ demarcation Contractor Monthly Cost of fencing,
fragmentation and pipeline and buffer tank must be clearly before construction demarcation and
changing species hoarding to be

demarcated with fencing and danger tape prior begins
composition to the commencement of construction to A map of the large included in the
prevent the clearance of trees outside this canopy trees as NHPL engineering cost.

area.

identified by botanist
Large canopy trees must be mapped and the Tree planting
low pressure pipeline route must be aligned to programme and

avoid them. number of trees
The low pressure pipeline must preferentially planted
be routed around trees with trunk diameters at

waist height of more than 30cm.
Where routing of the pipeline around trees that
have a trunk diameter of more than 30cm at
waist height is not possible, these trees must
be identified by a botanist or suitably qualified
person to confirm their conservation status and
shall only be removed after authorisation by

the KFS;
The vegetation clearing exercise should be
controlled and limited to only that which is
required for the project;


Supervising
Agency
 The sites should be re-vegetated/rehabilitated
as soon as the road construction on top of the
low pressure pipeline and around the other

elements of infrastructure are completed;
avoid locating temporary project infrastructure
such as access roads, construction camps and
storage areas in woodlands and other
sensitive ecosystems. All such infrastructure

must be located outside the MKFR;
Impacts on  During construction, terrestrial fauna habitat  Clear working site NHPL Before Cost of fencing,
terrestrial fauna disturbance should be minimised by restricting and working area construction demarcation and

the project activities to only the maximum area boundaries Contractor hoarding to be

required; Open pits left continuous included in the
engineering cost.

Working in bits to avoid long exposure of open uncovered for long
trench to wild animal and in addition pits A map showing the
should be well barricaded overnight or during location of the $ 2500 for a
other work-off hours. Any borrow pits or identified vulnerable sensitization of
geotechnical survey pits dug inside the 200 people

species
national park should be restored to avoid Number of
$ 30,000 for the

animal injuries and death; sensitization meetings
tree planting

To minimise death of fauna, vegetation held.
clearance should always be undertaken first, Minutes of programme (as
as this scares away most of the fauna, as sensitization indicated above)
opposed to direct use of graders to clear

meetings.
routes for access road construction, or direct Tree planting
dumping of construction materials and programme and

excavated soils; number of trees
The Developer should engage KWS and KFS planted
supervisory construction crew should work
closely with KWS and KFS officials to ensure
no Hunting


Supervising
Agency
 The construction crew should be encouraged
and sensitized not to harass amphibians and

reptiles;
Structures to be constructed within MFKR (a
part from the weir) should be buried to
minimise visual intrusion and danger to
 
terrestrial fauna
Impacts on During construction, aquatic fauna habitat Number of gabions NHPL Bi-monthly The unit cost of
freshwater disturbance should be minimised by restricting and sediment traps Contractor gabions and
ecology the project activities to only the specific areas installed to prevent County sediment traps will

of the river required; erosion Environment be incorporated in
Implement soil erosion control measures and Officer the engineering
reduce soil disturbance during construction costs of the
project.

activities by constructing sediment traps;
Install and regularly empty sediment traps in
surface drains in and around roads and

construction areas;
Proper design for storm water drainage
facilities and maintenance during the

construction phase are critical for mitigation;
Disposal of cut soil should be undertaken
outside fragile ecosystems and water sources
downstream, under the direction of the
resident engineer who should approve
disposal sites;


Supervising
Agency
 Design and implement an agreed
compensational flow regime (with WRMA)

during operation;
Manage operations to avoid rapid fluctuations

in downstream flow;
There should be periodic monitoring of water
flow, quality and temperature downstream to
ascertain the right aquatic ecosystem

conditions.
Conduct a periodic monitoring of water flow,
quality and temperature downstream to
ascertain the extent to which aquatic
ecosystem conditions may have been changed
Waste handling  In line with NEMA’s Waste Management  Waste management Contractor Weekly $ 200 Daily unit
cost of hiring

Regulations, waste generated during program
construction and operation should be sorted Waste handler waste handler
(biodegradable, non-biodegradable, Metals, approval documents services
Glasses) by the contractor and disposed of

from NEMA.
appropriately at designated waste disposal Waste segregation $ 1000 will be the
unit cost for the

sites. into biodegradable
NHPL should ensure that all wastes generated and non- mobile toilet and
during construction activities such as biodegradable waste appropriate
conductors, steel and metallic bars, insulators signage

types
and other accessories associated with Presence of a mobile
transmission lines, are collected and disposed toilet and waste water
of appropriately at designated sites by a NEMA

treatment facilities

licensed waste handler; Water quality tests
All sanitary and food waste generated at undertaken by NEMA
labour campsites shall be collected and

accredited specialists
transported by the contractor to designated


Supervising
Agency
landfills/dumping sites within the project area;

Some domestic waste will be
All plastic waste generated at campsites and in
the course of undertaking works such as
mineral water bottles, polyethylene bags, jerry
cans, should be collected and sold either to the
local people for re-use or taken for recycling in
respective factories. NHPL must ensure that
non-biodegradable waste is not disposed of in

water bodies;
Human excreta should be managed using a
mobile toilet and then disposed in pit latrines.
Human waste must not be littered in bushes
 
and water bodies
Creation of Prioritize the local community/residents for the Records showing NHPL Continuous Unit cost of
temporary job opportunities arising from the project. Prior details of those training 50 people
employment Contractor

and transparent communication to the employed is $ 1000
opportunities community of the available employment and Existence of a local
Unit cost of
 
business opportunities (direct and indirect). labour desk
Establishment of a “local labour desk” at the Evidence of placing adverts at
chief/local administrator or contractor offices compliance with the local media is
and working with the community to identify a national and $ 200

local labour pool. international
Ensure that the contractor complies with IFC legislation and Unit cost of
PS 2 (Labour and working conditions) while standards reflected in developing and
placing job

rolling out the project. the employment
adverts at the

Ensure sufficient capacity building is afforded contracts
to the local communities to position them for Number of existing public places is $
50

the available employment opportunities during CBOs trained
the construction and operational phases of the Records of the

project. number of training
Job advertisements should be made through programmes


Supervising
Agency
easy to reach media such as Chief’s

workshops held
noticeboards, CLO’s, local radio etc. for the Records showing the

benefit of the local communities. medium, dates and
When sourcing for expertise, locals should be location where job
given priority unless certain specific expertise advertisements were

demands outstretch the available local done

capacities. Records showing the
Strive to be sensitive gender equality in the tendering and
recruitment and selection process as shortlisting
 
appropriate as possible. procedures followed
Management and enhancement measures for Evidence of
local employment should be included in the stakeholder
company’s labor and human resources plan.

consultations through
Recruitment of locals should be done in minutes of the
consultation with the local authorities in the meetings held and
area. types of stakeholders

consulted
List of positions held

by expatriates
Existence of a labour
and human resource

plan
Transfer of skills  Institute programmes aimed at promoting and  Total number of job NHPL During induction of Unit of induction
enhancing skills transfer between project induction training new employees training for 200
Contractor
 
experts and the local employees. undertaken people is $ 3000
Establish a standard requirement for List of employees
contracted firms to ensure transfer of skills. undertaking on the

Such effort will promote local capacity job training
development and offer viable employment Number of

opportunities. Infrastructural support
Ensure sponsorships for both general trainings projects proposed or


Supervising
Agency

and on-job training for the locals. The trained being undertaken
locals will benefit the project by offering List of communication

technical services in the areas trained on. methods and
Envision strong collaboration with local mediums being used
institutions to ensure effective capacity building to sensitize the

affordable to the local communities. community on
In collaboration with the County government skills/expertise
and other non-state actors, should consider requirements
supporting infrastructural development for local

learning institutions as part of the CSR.
Effectively and continuously communicate the
specific skills/expertise requirements to the
local community prior to the construction and
operational phases. In doing this, utilize easy
to reach mediums for local community such as
CLOs, community noticeboards, local
 
administrator forums, local radio, etc.
Business There should be a well-structured and Documented bidding NHPL Monthly
opportunities

transparent bidding process for those who are process used Contractor

willing to supply material. List of local suppliers
Compliance with the National and county that contractor has

government regulatory regulations related to identified

procurement from local suppliers. List of purchased
Ensure that the suppliers of the material are material from the local

well informed on the expected standards and suppliers

quality of the material. Evidence of quality

Ensure there is a balanced approach when checklist records
sourcing for material. For example sourcing Evidence of a

from different suppliers within the project area. documented
Assess transport arrangements the project site communication plan
 
from their extraction sites. with the suppliers
Use construction materials from licensed


Supervising
Agency
suppliers and quarries.
Community land  Comply with the Public Road and access Act  Evidence of NHPL Monthly The cost
take for the (Cap 399) that relates to the dedication, compliance Contractor conducting and
upgrading of the

conservation and alignment access roads certificates implementing a
access road to adjacent to land from the nearest part of a Meeting log sheets of RAP is to be
the power station reflected in the

Public Road. the meetings with the
Consultation with the Tharaka Nithi County on various key project cost
 
road development within the project area. stakeholders
Assess changes in traffic in the area and Evidence of a traffic

develop a traffic management plan; and all management plan
altered areas caused by road construction Evidence of a

must be rehabilitated. thorough and detailed

Consultation with the community members to RAP
identify whether there would be a need to A land survey and
carry out a Resettlement Action Plan (RAP)
 
valuation undertaken
Social cohesion Develop a strong communication strategy Workshop NHPL Continuous Unit cost of key
and integration which should entail working with local leaders stakeholder logs with Local leaders stakeholders and
among others in a bid to counter stereo-types the various local Contractor public consultation
meeting is $ 2000
 
and other negative practices. leaders in the area
There should be community empowerment Evidence of an Unit cost of
through participation and engagement through existing programme community
resources

a bottom-up consultation process. and timetable for
Promoting and development meaningful consultations with the mapping $ 500
interaction and “bridging” activities such as

community

education, sports, recreational leisure activities Identified recreational
Mapping communities to ensure allocation of activities and facility


Supervising
Agency
resources are done appropriately and centres that can be
 
equitably. used
There should be a conflict resolution planning An existing map

to preventing anticipated problems. showing the location
Ensure that response to crisis are done in a and distribution of
timely manner averts a lot of adverse effects. various facilities and

This can be achieved through putting in place communities

a community intelligence monitoring system. Existence of a
Proponent should have in place a disaster grievance mechanism

preparedness and conflict prevention and procedure
management strategies in place. Existence of a
community monitoring

plan
Existence of a
disaster management
 
plan
Health and safety All workers, including Sub-contractors EHS induction NHPL Monthly The unit cost of

and casual labourers should undergo an conducted undertaking EHS
Contractor
Environment, Health and Safety (EHS) Qualifications of the training for 200
induction before commencing work on site, personnel people is $2000
which should include a full briefing on site undertaking various
Cost of
 
safety and rules; activities
Personnel should only undertake tasks for Records of the appropriate PPE,
which they are trained/qualified and a formal Number of toolbox firefighting
permit to work’ system will be in place; equipment and
 
talks held
Routine toolbox talks should be conducted on Monitoring database first aid kit is
different topics for all workers prior to the start showing the number $ 2000

of the construction phase; of accidents and near

All accidents, near misses and incidents misses
should be recorded and such records Total number and
maintained as part of a health and safety type of PPEs
management programme; distributed


Supervising
Agency
 The required PPE should be provided and will  Stakeholder logs

be worn by personnel; detailing the
Local community members will be requested to consultations held
suspend their activities within the project with the various
footprint during the construction phase. This is communities in the

mainly for their safety. project area on the
A detailed construction schedule with issues of health and

associated activities will be developed and safety
communicated to all affected individuals. Dates of construction

schedules and plans
Occupation Health
and Safety Policy and

plan in place
Evidence of First Aid
Services on site e.g.
First Aid Box and
some personnel

trained in First Aid.
Hazardous and
different warning and

danger signs in place
Social  Special specifications in the contract  Number of HIV/AIDS NHPL Monthly Cost of
pathologies, documents should stipulate the need for sensitization service Local mobilization and

including HIV/AIDS Awareness and sensitisation providers in place. Administration sensitization is
HIV/AIDS campaigns. The HIV/AIDS awareness trainer HIV/AIDS intervention Contractor $ 2500
transmission will be expected to collaborate with local NGOS

programme in place.
NGOs, CBOs and Public Health Officers for Level of awareness CBOs
sustainability and integration of activities into among workers and
the existing structures of the local health the local communities,

institutions; records of HIV/AIDS
Provide the workforce with access to primary sensitization in place.


Supervising
Agency
health care onsite, insecticide-treated  Records that pre-
mosquito nets, prescriptions, prophylactics and employment medicals

condoms, and basic testing for TB, STDs and were undertaken.

HIV/AIDS; Schedules of HIV
Prepare community institutions for any influx of testing and
 
in-migrants; awareness campaigns
Support local healthcare facilities through
training of local healthcare professionals,
regular supply of medical supplies and up to

date equipment;
Establish a community health programme
including providing support to existing or new
local programmes such as mother and child
nutrition, community health awareness,
HIV/AIDS awareness, hygiene and
immunisation, malaria control measures
(indoor spraying of insecticides, personal
protection measures, and control of mosquito
larvae), and local Voluntary Counselling and

Testing (VCT) programmes.
Put in place an STI and HIV/AIDS awareness
campaign and services for the construction
crew to promote safe sex practices and other
control measures in order to reduce this

anticipated negative outcome;
Workers with the exception of local workers,
who will return to their homes, will be housed
in the workers camp and will have access to

health services like HIV/AIDs counseling; and
In line with the IFC standards and Local
legislation workers will be inducted in relevant
codes of conduct that minimise exposure to


Supervising
Agency
risky life styles including unsafe sex practices
such as developing workplace HIV/AIDS
programmes, standards of behavior between
employers and employees, positions regarding
HIV testing, employees benefits, performance
management and procedures to be followed to
 
determine medical incapacity and dismissal
Community water Construction must be planned and Identified water NHPL Monthly Cost to be

infrastructure programmed to prevent interruption of water supply alternatives KWSSP included in the
Contractor engineering cost

supply to the community; Consultation logs with

Co-operate with the Kamwene Water Supply the KWSSP
and Sanitation Project (KWSSP) and the Consultation logs
community to ensure minimal interruption of showing the dates
water supply during construction and and times of the

operation. meetings with the
The community should be well informed and various communities

notified in advance of any disruption of water in the project area

supply during the upgrading process Existance of a signed
Alternative sources of water supply should be MoU between the
made available for the community for example community and

using of water bowsers proponent
Develop and implement a community water
supply plan and MOU stipulating how far will
supply water to the community so as to
 
manage expectations.
Loss of Working with a cultural heritage expert and Record of any Contractor Continuous Unit cost of hiring
archeological and community members to identify, mark and archeological and NHPL an archeologist is
cultural heritage protect any object of cultural value within the cultural heritage Local leaders $ 200 per day
 
resources project footprint. within the project area
The construction, location and operations of Documented chance
the Hydro power plant and associated finding procedures
infrastructure should aim to avoid destruction and protocols to be


Supervising
Agency

of cultural, archeological, and historic followed

resources. Report on a guided
collaborating with National Museum of Kenya tour for the contractor

to conduct cultural resource recovery and in place
efficient ‘chance-finds’ management in Artefacts recorded

accordance to the Excavation National and stored

Museums and Heritage Act (2006) Stakeholder
Foster consultations and engagement of local consultation logs with
communities in identifying and managing sites the various
of cultural, archeological, ceremonial or historic communities in the
 
significance project area
Develop and implement a cultural resource Existence of a cultural

management plan which will include: and resource
Education on significance of cultural heritage, management plan
identification of cultural, archaeological and
historical resource, and procedures for chance

finds
Public sensitization of legal provisions on

cultural heritage and collection of artifacts
Collaborate with the authorities to conserve
and monitor cultural, archeological, ceremonial
and historic within and proximate to the Power

Plant to prevent degradation.
Cessation of construction activities on sites of
discovered resources of cultural, archeological,
ceremonial or historic significance and the
subsequent management of such resources
by authorized professionals and in line with
legal provisions under the National Museums
Heritage Act, Chapter 216, 2009.


Supervising
Agency
Social investment  Consultations with communities regarding their  A well-documented NHPL Monthly Unit cost of

as part of CSR needs and priorities as part of the Community CDP Local mobilization and

activities Development Plan (CDP). Identified thematic administration training on
Having a well laid out CDP in consultation with areas of CSR CBOs/NGOs/Se agriculture, health,
lf Help Groups demonstration
 
active CBOs and NGOs in the project area. activities
Careful coordination and collaboration with Timetable of carrying farms and
business skills

other community service providers in order to out the CSR activities
maximize the benefits and avoid overlaps and List of CBOS/NGOs $ 3500

duplications of services. to partner with
Strategic partnerships with other key
stakeholders.

11. Conclusions and recommendations
The proposed NHP is essential for NHPL in order to enable them generate
power using renewable sources of energy. The power generated will be fed
into the national electricity grid through Mitheru power sub-station.
Based on the assessment of impacts, the following conclusions can be made:
 The NHP will enable production of power from the Nithi River, which is a
sustainable source of energy. This will assist to meet the Kenyan
government’s aim of boosting electricity supply and thus meeting national
economic and social development goals.
 There are no impacts of such high significance that they should prevent
the project from being implemented.
 The key negative biophysical impacts are:
• Biophysical impacts on the MKFR, including potential impacts on
flora and the movement of African Elephants. There are two
protected species of trees that occurs in the project footprint, but
their distribution is sparse in the affected area, due to natural
factors, illegal harvesting, use by elephants and or a combination of
these factors. The chosen pipeline construction material and
construction method will ensure that there is minimal impact on
these species. Therefore, impacts on these species can be
mitigated.
• Elephants have diurnal and seasonal movement patterns in the
affected area, being more abundant in this area between June and
August and from early evening to the morning. This implies that
human-wildlife conflict during construction can be minimised by
appropriate scheduling of construction.
 Key positive social impacts of the projects during construction include
the employment opportunities and associated economic benefits, such as
the opportunity for providing goods and services to the contractors.
 Key negative social impacts of the impact during construction include
the potential for increasing social tensions and decreased social cohesion
and increased social pathologies such as STDs.
 A key positive social impact during operation is the improved reliability
of water supply to the Kamwene Water and Sanitation Project, which

supplies water to the communities close to the project.
The negative biophysical impacts will be of relatively short duration and,

provided that revegetation / rehabilitation commences during and directly after
construction, the forest cover will re-establish within a few years and habitat
fragmentation and visual impacts will be mitigated.
It is concluded that the environmental and social impacts of the proposed

NHP are of such a nature that mitigation will prevent irreversible and long-
term-damage to the biophysical environment. However, given the sensitive
nature of the forest ecosystem, and in view of its being located within the
buffer zone of a World Heritage Site, it is essential that the mitigation
measures and ESMP are strictly adhered to.
As far as social impacts are concerned, the key negative impacts are typical
of similar construction projects. Provided there is adequate and open
communication and co-operation with all stakeholders, these impacts can be
mitigated. The negative impacts also need to be viewed in the context of the
improved water supply to the local community, which is a significant benefit.
In terms of alternatives, the following are recommended:
 Intake weir: There will be little difference in ecological impact between

the alternative weir positions. The proposed lower intake weir
alternative is therefore acceptable from an environmental perspective.
 Construction materials: The low pressure pipeline must be constructed
from HDPE in order to allow flexibility so that the pipeline can be
aligned around important and large canopy trees, protected species
and other ecologically valuable features;
 Low pressure pipeline alternatives: a buried pipeline with the access
road being constructed on top of the pipeline is recommended. It is a
key recommendation that this option be used, as limiting the
construction footprint requires on the forest requires that the
access road must not be constructed parallel to the pipeline.
 Buffer tank alternatives: a pressurised circular concrete tank without
a reject spillway is recommended, to ensure that further disturbance
of the forest downslope of the buffer tank is avoided.
 Access roads to the power house: of the alternative access roads to
the powerhouse, the alternative that follows a straight (but now
disused) track from the settlements to the east of the powerhouse is
preferred, since this would result in the least cut and fill of the road
alternatives.

 Penstock and powerhouse alternatives: There is little difference in

environmental impact between the penstock route alternatives and
powerhouse locations. An above-ground penstock is strongly
recommended in preference to a below-ground penstock in order to
minimise erosion impacts associated with excavation.
The following key recommendations are made:
 A license should be issued for the proposed NHP, subject to the

recommended alternatives and mitigation measures being made
conditions of the license.
 The only permanent or temporary infrastructure to be allowed inside
the MKFR will be the buffer tank, low pressure pipeline, weir and
desanding structure.
 The location of the laydown area and construction workers’ camp
must be carefully chosen to minimise environmental and social
impacts and must be outside the MKFR / MKWHS.
 The contractor and all sub-contractors must be bound by the ESMP.
This must be achieved through inclusion of the ESMP in tender and
other procurement documents.
 Each contractor must demonstrate to NHPL that they have
endeavoured to use the hierarchy of hazard control to design,
construct and operate a world class operation.

12. References
Aurecon. (2013). Desktop Study for the Determination of Hydropower Potential at the
Proposed nithi Site, Kenya. South Africa.
Aurecon. (2013, October 24). Draft Scoping Report for the proposed Run of River
Hydropower Station and Associated Infrastructure on the Orange River, near
Onseepkans, - SAHRA. Retrieved July 23, 2014, from http://www.sahra.org.za
Aurecon. (2014). Bankable Technical Feasibility study of the proposed Nithi Hydro
Power Site Optios Analysis. South africa.
Crafford, R. S. J. (2012). The Role and Contribution of Montane Forests and Related
Ecosystem Services to the Kenyan Economy. Nairobi: United Nations
Environment Programme (UNEP).
Digby Wells Environmental (2014a). Stakeholder Engagement Plan for the New Liberty
Gold Mine, Liberia. Liberia.
Digby Wells Environmental. (2014b). Environmental and social assesment for the
Second River Niger Bridge Project. Nigeria.
Gaul, M, Köllig, F & Schröder, M. (2010). Policy and regulatory framework conditions for
small hydro power in Sub-Saharan Africa. EU Energy Initiative. Retrieved 11 4,
2014, from http://www.euei-pdf.org
Government of Kenya. (2010). Mt. Kenya Lewa Nomination Dossier. Nairobi.
IUCN. (2013). World Heritage Advice Note: Environmental Assessment. Retrieved

December 2, 2014, from IUCN World Heritage Advice Note:
https://cmsdata.iucn.org
IUCN. (2014). The IUCN Red List of Threatened Species. Retrieved December 3, 2014,
from The IUCN Red List of Threatened Spices: http://www.iucnredlist.org/
Kenya Wildlife Service. (1999). Aerial Survey of the destruction of Mt. Kenya, Imenti and
Ngare Ndare Forest Reserves. Nairobi.
Kenya Wildlife Service. (2009). Mt. Kenya Forest Biodiversity Assessment Technical
Report. Nairobi.
Kenya Wildlife Service. (2010). Mt. Kenya Ecosystem Management Plan, 2010 - 2020.
Nairobi.
Kimani. 2015. Hydrological assessment report for Nithi Hydropower Project. Abridged

version of Aurecon’s Hydrological Analysis Report (October 2014). Unpublished

report for Frontier Investment Management.
Kurrent Technologies Limited. (2014). Fatal Flaw Analysis. Nairobi.
Liu, H. M, Masera, D and Esser, L. (eds). (2013). World Small Hydropower

Development Report 2013. Retrieved 9 18, 2014, from www.smallhydroworld.org
Ministry of Devolution and Planning (2013). Tharaka Nithi County Development Profile.
Nairobi.
Penche, C. (ed.) (1998). Layman's Guidebook on how to develop a small hydro site
(Second Edition). Bruselas: Commission of the European Communities
(Directorate General for Energy, DG XVII.

Environmental and Social Impact Assessme

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Kurrent Technologies Ltd

Environmental and Social Impact

Report prepared for

Nithi Hydro Power Ltd

Environmental and Social Impact Assessment Study for the

Sanjay Gandhi – COO Aurecon

NEMA Lead Expert – Registration No. 0119

Frontier Investment Management

Kurrent Technologies Ltd, August 2015 Page 1

NHPL is a Special Purpose Vehicle (SPV) owned by Frontier Investment

Aurecon was appointed by NHPL to perform a feasibility study on the

Additionally, based on the International Finance Corporation (IFC) project

The proposed project would consist of the following components

Kurrent Technologies Ltd, August 2015 Page 2

 A power station; and

A comprehensive public/stakeholder consultation process was carried out at

 Social impact assessment (SIA);

Key findings of the specialist studies

The SIA was conducted based on public/stakeholder consultations with the

Based on the comments received from various stakeholders, it is envisaged

Kurrent Technologies Ltd, August 2015 Page 3

 It is anticipated that there will be a net economic benefit to the community,

 Based on the combined positive and adverse impacts identified, the

Ecological Impact Assessment

An environmental assessment was carried out within the project foot-print on

The most significant impacts were assessed to be the following:

Kurrent Technologies Ltd, August 2015 Page 4

 Construction vehicles and other equipment can act as a source of

Cultural Heritage Assessment

 Medicinal patches- These were traditionally found in many places, but

Kurrent Technologies Ltd, August 2015 Page 5

Geology and Soils

The study recommends installation of soil erosion control measures and

For the biophysical and social environment, KTL assessed potential

Kurrent Technologies Ltd, August 2015 Page 6

Kurrent Technologies Ltd, August 2015 Page 7

Short (1 – 5 Years) 2 Improbable (20 – 40% chance of 2

Medium-term (5 – 15 years) 3 Probable (40% - 70% chance of 3

Long-term (>15 years) 4 Highly probable (>70% - 90% chance 4

Permanent 5 Definite (100% chance of occurring) 5

Method used to determine the environmental risk or impact

Consequence is defined as a combination of extent, duration and magnitude

Risk (Significance) = Consequence (Extent + Duration + Magnitude) x

The resulting significance values determine whether the impact is regarded to

Significance Value Effect on decision-making

Kurrent Technologies Ltd, August 2015 Page 8

impact to as low as reasonably practical (ALARP). For positive impacts,

Environment and social management plan

The purpose of the Environmental and Social Management Plan (ESMP) is to

Best practice principles require that every reasonable effort be made to

The ESMP is a living document that will be periodically reviewed and

Responsibility for the implementation of the ESMP will reside in the

Conclusions and recommendations

Based on the assessment of impacts, the following conclusions can be made:

Kurrent Technologies Ltd, August 2015 Page 9

The negative biophysical impacts will be of relatively short duration and,

It is concluded that the environmental and social impacts of the proposed

Kurrent Technologies Ltd, August 2015 Page 10

Non-technical Summary ............................................................................................... 2

Project description ....................................................................................................... 2

Public/stakeholder consultation ................................................................................... 3

Specialist studies ......................................................................................................... 3