REPUBLIC OF KENYA

MINISTRY OF ROADS AND TRANSPORT

CONSTRUCTION OF KENOL-SAGANA- MARUA HIGHWAY IMPROVEMENT

PROJECT
LOT 1: DUALLING OF KENOL- SAGANA (A2) ROAD
CONTRACT NO.: KeNHA/Cs/D/3023/2020
ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN MONITORING

JUNE 2023

i
 DECLARATION

PROJECT TITLE: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

MONITORING FOR THE CONSTRUCTION OF KENOL-SAGANA- MARUA HIGHWAY
IMPROVEMENT PROJECT

This ESMP Monitoring report has been prepared in accordance with the provisions and
requirements of the Environmental Management and Coordination Act (EMCA) (Amended) 2015,
Cap 387 and Subsidiary Regulation-Environmental (Impact Assessment and Audit) Regulations,
2003.

Report Prepared by: -

Njoki Githaiga Lead EIA/Audit Expert, NEMA Reg. No. 7901
Richard Mogesi Lead EIA/Audit Expert, NEMA Reg. No. 0926

This report has been signed by: -

NAME NEMA REG. NO SIGN DATE

Adams Muriithi Lead Expert-1769

This report has been submitted by: -

Walter Nyatwang’a
Deputy Director, Environment and Social Safeguard Department
Directorate of Highway Planning and Design

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

For and on behalf of:-

Kenya National Highways Authority,

Barabara Plaza, Block A&C, JKIA, Off Airport South Road, along Mazao Road,
P.O. Box 49712-00100,
NAIROBI.

ii
 TABLE OF CONTENTS

DECLARATION...........................................................................................................................................ii
LIST OF TABLES........................................................................................................................................iv
LIST OF FIGURES.......................................................................................................................................v
LIST OF PLATES........................................................................................................................................vi
ABBREVIATION AND ACRONYMS.......................................................................................................vii
EXECUTIVE SUMMARY.........................................................................................................................viii
CHAPTER ONE: INTRODUCTION..........................................................................................................1
1.1 Project Background.............................................................................................................................1
1.2 Scope of Works....................................................................................................................................2
1.3 Requirement for this Environmental Monitoring.............................................................................4
1.3.1 Criteria for this Environmental Monitoring...............................................................................5
1.3.2 Objectives of the Environmental Monitoring.............................................................................5
1.4 Environmental Monitoring Organization and Structure..................................................................5
CHAPTER TWO: FINDINGS AND RECOMMENDED CORRECTIVE ACTION..............................7
2.1 Introduction.........................................................................................................................................7
2.2 Key Observations.................................................................................................................................7
2.2.1 Statutory Compliance Obligation Status.....................................................................................7
2.2.2 Common Property Resources....................................................................................................30
CHAPTER THREE: CONCLUSION........................................................................................................31
CHAPTER FOUR: RECOMMENDATIONS...........................................................................................33
CHAPTER FIVE: ANNEXURES..............................................................................................................34
Annex 5.1 Minutes...................................................................................................................................34
Annex 5.1.1 Entry Minutes.................................................................................................................34
Annex 5.1.2 Exit Minutes....................................................................................................................36
Annex 5.2 Sample evidence of status of compliance for the road project............................................40
Annex 5.2.1 NEMA license for the Road Project...............................................................................40
Annex 5.2.3 Attendance list for the Entry Meeting...........................................................................41
Annex 5.2.4 Attendance list for the Exit Meeting..............................................................................42
Annex 5.3 Sample Material Sites............................................................................................................42
Annex 5.4 Sample Site Plates captured during the inspection.............................................................54

iii
 LIST OF TABLES

Table 2-1: Status of Licenses, Permits and Other Documents......................................................................8

iv
 LIST OF FIGURES

Figure 1-1: Overall route map of Lot 1: dualling of Kenol-Sagan (A2) Road .............................................2

v
 LIST OF PLATES

Plate 1-1: Open air pit containing mixture of wastes within Gachika campsite.........................................54
Plate 1-2: Burning of waste in the open at the Asphalt and Batching plant site.........................................54
Plate 1-3: Trees planted at the asphalt and batching plant site...................................................................54
Plate 1-4: Sample waste bins provided within the project............................................................................54
Plate 1-5: HIV/AIDs IEC materials and an empty condom dispenser provided within contractor’s
premises........................................................................................................................................................55
Plate 1-6: Hand wash sections provided within contractor’s premises......................................................55
Plate 1-7: Cautionary signage cautioning against electrical hazard within Gachika campsite..................56
Plate 1-8: OSHA abstract displayed within Gachika campsite....................................................................56
Plate 1-9: IEC materials regarding Covid-19 Pandemic management onsite.............................................56
Plate 1-10: Workers noted working at Km 4 along road 6 where an access culvert was under construction
devoid of helmet, overall, safety boots and hand gloves...............................................................................56
Plate 1-11: Chauff cutter on a bench at the Asphalt and Batching plant site.............................................56
Plate 1-12: Generators used within contractor’s premises..........................................................................56
Plate 1-13: A waste bitumen dumped outside the laboratory area within Gachika campsite....................57
Plate 1-14: Incinerator used to burn biomedical waste...............................................................................57
Plate 1-15: A faulty socket that is in need of repair.....................................................................................57
Plate 1-16: Concreted and unbunded bitumen holding yard at the Asphalt and Batching plant site.........57
Plate 1-17: Massive spillage of waste oil and grease at the Asphalt and Batching plant site.....................57
Plate 1-18: Unsecured sedimentation pond at the Asphalt and Batching plant site....................................57
Plate 1-19: Enclosed housing together with an improvised chute for collection of fine dust at the Asphalt
and Batching plant site.................................................................................................................................58
Plate 1-20: Entangled cables next to the compressor exacerbating the trip and fall hazard.....................58
Plate 1-21: Fire safety management strategies (strategically and fully serviced fire extinguishers and
sand) in place within the project site............................................................................................................58
Plate 1-22: Various cautionary signages regarding various hazards at the Asphalt and Batching plant site
.......................................................................................................................................................................58
Plate 1-23: Messaging promoting safe and healthy culture on site.............................................................59
Plate 1-24: Road safety signage at Km 4 along road 6 where an access culvert was under construction
safety boots....................................................................................................................................................59
Plate 1-25: Cautionary signage against excessive heat hazard at the hotmix area.....................................60
Plate 1-26: Informatory signage showing the designated escape routes in the event of an emergency......61
Plate 1-27: Warning signage against falling hazard at the Batching plant................................................60
Plate 1-28: Cautionary signage against electrical hazard at the asphalt plant conveyor belt and the switch
board.............................................................................................................................................................61

vi
 ABBREVIATION AND ACRONYMS

DOSHS Directorate of Occupational Safety and Health Services

EIAs Environmental Impact Assessments
EMCA Environmental Management and Coordination Act
EPRA Energy and Petroleum Regulatory Authority
ESIA Environmental and Social Impact Assessment
ESMP Environmental and Social Management Plan
GIIP Good International Industry Practices
HIV/AIDs Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome
KeNHA Kenya National Highways Authority
NEMA National Environment Management Authority
OSHA Occupational Safety and Health Act
PPE Personal Protective Equipment
WRA Water Resources Authority

vii
 EXECUTIVE SUMMARY

The Government of the Republic of Kenya received loan from African Development Bank (AfDB)
and Africa Growing Together Fund (AFTF) and intends to utilize part of the proceeds towards the
cost of Kenol – Sagana – Marua Highway Improvement Project Lot 1: Dualling of Kenol – Sagana
(A2) Road. The project is implemented by Kenya National Highways Authority. The project road
traverses through Murang’a, Machakos, Embu and Kirinyaga Counties and starts at A2/B25
(former C71) junction and runs northwards through the River Sagana (Tana) Bridge Crossing at
Km 27+900, A2/B24 (former B6) junction at Km 31+700 and terminates at Sagana, approximately
700m beyond the A2/B25 (former C71) junction.
The overall objective of the project is to decrease capacity constraints with uninterrupted traffic
flow, by upgrading of the existing 2-lane carriageway to a dual 4-lane dual carriageway separated
by a median. To enhance safety and capacity, speed change lanes have been provided at all major
accesses and junctions as well as a grade separated intersection at Makutano junction. To segregate
high-speed traffic from slow moving traffic and local traffic, urban sections will be provided with
service roads. One footbridge will be provided at Ch. 0+123 at Kenol.

Road transport is the primary mode of transportation for both passenger and cargo traffic in Kenya.
The improved road project is expected to ameliorate the road transport industry within the Country
and also serve as an enabler for other industries. The road project’s enhanced operational
efficiency , improved safety and service level will result in smooth traffic flow are some of the
factors that will promote economic growth within the region. The new road will also improve the
region’s road network ,attract diverted traffic that will foster regional growth, reduce travel time
along and across the roads. The upgraded road will also help improve the safety and mobility of
residents. It will allow provide employment opportunities to local inhabitants, enable safe and
easier access to health facilities among other benefits.

The project’s preparation and packaging included the carrying out of Environmental and Social
Impact Assessment (ESIA) studies within the larger ESIA Study Report, 2019 for the construction
of the proposed dualling of Kenol-Sagana-Marua Road (A2).The assessments were then reviewed
by National Environment Management Authority (NEMA) and the license for the project, License
No. NEMA/EIA/PSL/7794 was issued on 24th April 2019 to the implementing agency, KeNHA.

It is the responsibility of the contractor to ensure that the conditions of the NEMA ESIA license are
implemented in tandem with road’s construction activities from the onset. This aims to create
synergy among various operations and enhance the environment sustainability. As obligated by
law, KeNHA carried out Environmental and Social Monitoring Plan (ESMP) monitoring for the
on-going road projects for the project to review the performance of the contractor in implementing
viii
the various aspects of the project that affect the environment. The report also provides an
evaluation of the effectiveness of the various mitigation strategies that were suggested during the
design stage as well as their implementation status. Further, the inspection sought to evaluate the
Contractor’s implementation of NEMA road project license conditions and any other Good
International Industry Practices (GIIPs) that exist.

The Terms of Reference for this ESMP monitoring are based on the Environmental monitoring as
the systematic measurement of key environmental indicators over time within a particular
geographic area. The overall approach to the final ESMP monitoring report follows the NEMA
guidelines and where appropriate GIIPs. The final Environmental and Social Audit Study
comprised of the following stages: -

 Review of the legal and regulatory framework in Kenya, as applicable;

 Review of existing information, data, documents and maps; and
 Site visit to observe, discuss further with the site staff and record the project progress as
well as compliance with respect to established legal, regulatory and best practice
frameworks covering environmental, social, health and safety issues.

The inspection methodology involved; an evaluation of compliance against the projects statutory
licenses and permits, construction management plans, including the ESMP and sub plans, site
inspections, stakeholders’ interviews, and a review of safeguard documentation. Site evidence
collected during previous inspections formed part and parcel of the documents reviewed.

During the inspection, it was observed that the project had a good systematic filling system,
serviced fire extinguishers, provision of waste bins at various sections of the campsite which but
the waste bins needed to be clearly labeled to identify which type of waste should be disposed off
at what bin. The lab was clean, well ventilated and sufficient lighting was noticed which shows
good housekeeping of the premise. There is a nuclear gauge at the campsite which is well housed
but was devoid of a warning signage to indicate a radioactive material in that area. The clinic at the
contractor’s campsite had recoded incident of ophthalmological injuries by a carpenter which
shows non conformity to the use of PPEs specifically safety googles. She indicated that such
incidents can be avoided by not only providing PPEs but also enforcement of use. The OSH
abstract was not pinned because it was worn out due to rain thus they need to expedite the
acquisition of the OSH abstract and also ensure it pinned. The bulk fuel storage area was well
paved to contain any spillage, fire extinguishers and proper signage were also in place but the
station lacked a bucket of soil and a shovel to help in fire mitigation practice thus ensure to enforce
this measure. At the garage the workers were requesting for provision of PPEs so use the risk
assessment guidelines in order to identify what PPEs are appropriate for their kind of work. At the
waste holding area there was lack of waste segregation because the hazardous waste was mixed up
with the general waste. At the bitumen holding area there was a lot of bitumen spill and the floor
was unpaved but the area was covered with some aggregates. Thus, the bitumen spills need to be
excavated disposed off appropriately and ensure that the bitumen holding area is paved to prevent
contamination of the soil. There is also overgrown vegetation and litter at the contractor’s campsite
thus ensure proper housekeeping.

ix
Under social aspect three suggestion boxes were noticed, posters on HIV/AIDS and COVID 19
safety measures were in place. However, whistle blower policy was not in place in order for
workers to be able to freely express their grievances. There was also a bus for transporting workers
At the asphalt mixing plant various dust suppression measures were noticed such as wet crushing
and sprinkling of water on the road which was impressive. However, it was noticed that some
workers were not wearing their face masks even though they had them, so this goes back to
enforcement of the use of PPEs. There were also measures in place for the explosive and detonators
area which was remarkable.
A vast majority of workers at the Makutano interchange bridge at Km 7 had sufficient PPEs but
some lacked safety shoe so the contractor should ensure provision of safety shoes to workers. The
safeguards team also noticed that a vast majority of material site were well rehabilitated and have
acquired the NEMA compliance certificate. However there are a few which are a bit problematic
such as borrow pit at Km 32 RHS which was deeply excavated over 7m deep and pounded and was
next to a wetland which is a very sensitive ecosystem. In addition to this the borrow pit is next to a
homestead which increase the risk of an accident occurring thus immediate rehabilitation of the
borrow pit needs to be put in place.
The borrow pit at Km 32 +400 LHS which is situated next to River Sagna has the top soil
excavated pushed past the riparian reserve and next to the river bank, this will result in to siltation
of the river and thus, the contractor needs to push back the materials and leave a 60m riparian
reserve from the river bank.
At Km 29 +000 A RHS the land has been handed over to the owner and the site was not well
leveled thus the contractor to ensure that the area is well leveled. At Km 29 +000 B RHS, the site
was exhausted but there was no rehabilitated done thus the contractor need to expedite
rehabilitation of that borrow pit. The natural water pan at Km 18 RHS should be desilted so that the
community can continue to use the water pan

The following suggestions have been put forth focused on improving the conformity of the
project:-
 Clearly label the waste bin for ease segregation or waste at the REs campsite.
 Proper warning signage need to be put in place at the nuclear gauge and at the circuit panel.
 Ensure not only provision of PPEs to workers but also enforce the usage as well.
 Ensure to pin the OSH abstract as per the law.
 At the bulk fuel storage area ensure to have a bucket of sand in place for fire safety
management practices
 Waste segregation for general and hazardous waste need to be put in place.
 Bitumen spill at the contractor’s campsite need to be properly disposed off with NEMA
licenses waste handler and the area needs to be paved to ensure that the bitumen spill do not
come in contact with the soil.
 Proper housekeeping of the contractor’s campsite needs to be put in place by clearing of the
overgrown vegetation and proper disposal of waste to avoid littering
 Develop and implement a Whistle blower policy.

The elaborate mitigation measures for the issues observed are highlighted in the report for the
Contractor to implement with a view of ensuring the project is delivered sustainably
x
xi
 CHAPTER ONE: INTRODUCTION

1.1 Project Background

The Kenol – Sagana – Marua Highway Improvement Project (KSMHIP) is 84 km in length,

encompassing two segments i.e., Lot 1 and Lot 2. The road traverses four counties namely
Muranga, Machakos, Embu, Kirinyaga and Nyeri. The section under this contract is Lot 1 which
entails the Dualling of Kenol – Sagana (A2) road.
The project road forms a significant section of the corridor connecting the Port of Mombasa to
Addis Ababa, through Nairobi, Isiolo and Moyale. The corridor is key road in supporting regional
and international trade.

The project road forms the first 48 km of the KSMHIP from Kenol – Sagana. The road traverses
Muranga, Machakos, Embu and Kirinyaga Counties and starts at A2/B25 (former C71) junction at
Kenol in Muranga County, approximately 57 Km north of Nairobi City, and runs northwards
through the River Sagana (Tana) Bridge Crossing at Km 27+900, A2/B24 (former B6) junction at
Km 31+700 (Makutano) and terminates at Sagana, approximately 700m beyond the Kagio
(A2/B25) junction.

The existing road is a tarmacked two-way single carriageway road with a cross section of 7.0
carriageway and 1.5m shoulders on both sides.

1
Figure 1-1: Overall route map of Lot 1B: Kiambu County Road section and associated feeder roads

1.2 Scope of Works

The projects scope of work includes
a) Provision of accommodation facilities to the Engineers representatives
b) Maintenance of the existing roads
c) Site clearance
d) Milling of the existing bituminous layers
2
 e) Preparation of the sub grade including improved subgrade in some sections to receive the
pavement layers as per the standard specifications
f) Provision of 150 mm thick cement stabilized crushed stone sub base
g) Provision of 125-150 mm thick Dense Bitumen Macadam base
h) Provision of 50 mm thick Asphalt Concrete surfacing to carriageway and 35mm to
shoulders
i) Provision of single surface dressing 10/14mm pre-coated chippings to carriageway
j) Provision of vehicular access and access culverts from road side properties
k) Provision of installation of road furniture as specified
l) Construction of new box/pipe culverts with appropriate inlet and outlet structures scour
protection works.
m) Installation of erosion control and erosion protection works
n) Construction of new bridges in reinforced concrete and structural steel works and
rehabilitation of existing ones.
o) Construction of grade Separated junction (interchange) at Makutano as per drawings.
p) Construction of access roads, service roads and other selected social amenities in selected
town sections (Sagana Trauma Centre, Boda-Boda sheds and Roadside Markets).
q) Installation of street lights along main towns
r) Construction of footbridges at selected sections.
s) Provision of road safety campaigns, Accident prevention and training
t) COVID-19, HIV/ AIDS Awareness campaigns
u) Onsite and offsite Environmental Management and monitoring
v) Maintenance works during construction and 12 months’ defect liability period
Table 1-1: Scope of Main Works
Bill Work Description Unit Original Appraised
No. Quantity Quantity-
Jan 22
4. Site Clearance and Top Soil Stripping Ha 118 241
5. Earthworks Fill in Soft Material m3 1,200,000 804,066
Improved Sub Grade m3 810,000 955,000
Spoil in Soft Material m3 650,000 1,367,000
Compaction below formation m3
250,000 250,000
level
7. Excavation Excavation in Soft material m3 14,700 39,000
and Filling Selected Granular fill material m3 20,520 31,000
for structures Stone pitching m3 23,000 23,400
8. Culverts and Excavation in Soft Material m3 7,500 9,600
Drainage Selected Backfill Material m3 6,600 6,300
3
 1,200mm Dia Pipes m 460 -
900mm Dia Pipes m 3,100 -
600mm Dia Pipe m 4,500 -
Concrete class 15/20 m 5,500 1,100
Concrete class 25/20 m 2,000 9,200
9. Passage of Construction of sealed 8m Km
49 49
Traffic deviations
12. Natural Material base and Subbase m3 17,000 5,000
3
13. Graded Crushed Stone Subbase and Base m 180,000 178,000
14 Cement and Lime Treated Materials T 18,000 13,300
15. Bituminous K1-70 Tack Coat Litre 1,650,000 1,620,000
Surface MC-70 Prime Coat Litre 1,300,000 1,300,000
Treatment 80/100 Pen Bitumen Litre 1,100,000 945,000
and Surface
10/14 mm Precoated Chippings m3 13,500 10,050
Dressing
16 Asphalt 50mm thick super-pave m3 38,000 39,440
Concrete 35mm thick super-pave m3
12,000 14,738
surfacing
Dense 150mm thickness DBM 153,000 154,000
Bitumen PR plastic anti-rutting polymer m 3
135,000 135,000
Macadam agent or similar
17. Concrete Class 30/20 m3 10,300 13,100
Works Prestressed Class 50/20 m3 1,100 635
3
Class 15/40 m 360 360
3
Class 40/20 m 940 4,100
The appraised quantities are as per Appraisal No.1. Appraisal No. 2 has been submitted to the
client awaiting approval.

Main Alignment
The Design Speed for the main alignment varies from 80-100 km/h albeit reduced to 50 km/h in
urban areas. The new road shall be a dual carriageway consisting of four lanes (two lanes each of
3.5m width on either side separated by median island) with 2 m shoulder on the outer side and 0.5-
1m shoulder on the inner side. The new pavement construction shall include:
Table 1-2: Pavement Structure
Layer Description
Wearing course 10/14 Single surface dressing
50mm Superpave Asphalt Concrete on carriageway + inner shoulder
35mm Superpave Asphalt Concrete on outer shoulder
Base course 150mm Dense Bitumen Macadam from Km 0 to 32
125mm Dense Bitumen Macadam from Km 32 to 48
Subbase course 150mm Cement stabilized Graded Crushed Stone
Subgrade 2 course 350mm natural gravel
Subgrade 1 course 300mm – 425mm natural gravel

4
Service Roads
To compliment mobility on the main road in urban areas, 5.5m wide service roads have been
provided in Kenol town and Sagana town measuring 3.6 Km and 1.9 Km as shown in the table
below.
Table 1-3: Service Roads
S/No Service Road Chainage Side on the main Length
alignment (Km)
1 Kenol Service Road 0+483-2+070 LHS 1.6
(1)
2 Kenol Service Road 3+820-4+300 LHS 0.5
(2)
3 Kenol Service Road 0+192-2+055 RHS 1.9
4 Sagana Service Road 45+800-46+900 LHS 1.1
5 Sagana Service Road 46+200-47+000 RHS 0.8
Total 5.9

Walkways
Designated detached 2.0 -2.5m paved walkways have been provided in all urban and market areas
as shown in the table below:
Table 1-4: Walkways
LHS RHS
Section Ch. To Ch. Fro. Length Ch. To Ch. Fro. Length
Kenol 0+000 2+400 2,400 0+000 2+400 2,400
Kenol 3+800 4+300 500 - - -
Makuyu 8+960 9+840 880 8+960 9+840 880
Mungetho 14+900 15+200 300 - - -
Kitini - - - 16+800 17+200 400
Kambiti 20+400 21+200 800 20+400 21+200 800
Makutano On B24 (Former B6) Road 1,100 On B24 Road 1,100
Sagana 45+800 47+000 1,200 45+800 47+000 1,200
TOTAL - - 7,180 - - 6,780
Other NMT considerations include raised crossings, walkways,1 footbridge at Km 0+123, 3 no.
Underpasses/box culverts (Km 5+039, 7+537, 27+091) and 1 Box Culvert serving as a cattle
crossing (Km 23+968), widened medians and other associated road furniture.

Structures

The project road has several drainages, a railway and animal crossing structures as well as an
interchange at A9/B24 junction.
Five (5) bridges, one (1) foot bridge, twelve (12) box culverts and One hundred and seventy-four
(174) cross pipe culverts are to be constructed.

5
Feeder/ Access Roads

The project also entails the engineering design and construction of an additional 20 Km of feeder/
access roads that will enhance the local road network around the project. The location of these
access roads has been attached to Appendix No. 13

Social Amenities

The project also entails provision of the following social amenities to enhance the project benefits
to the local community
 Design and Construction of a low-rise Trauma Centre in Sagana
 Construction of modern road side markets and sheds, including sanitary facilities
 Construction of additional market stalls on the existing markets
 Construction of modern motorcycle sheds
 Construction of modern sanitary facilities – eco toilet or their equivalent – on existing
markets
 Improvement of the road networks at Kenol offices in Murang’a County, which host the
Deputy County Commissioner (DCC) offices and Murang’a Sub-County Offices, to
cabro standards.
 Planting of approved indigenous trees in two forest blocks, in Murang’a County and
Kirinyaga County.

1.3 Requirement for this Environmental Monitoring

Monitoring shall focus on the most significant impacts identified in the ESIA. The main aim of
ESIA monitoring is to provide the information required to ensure that project implementation has
the least possible negative environmental impacts on the people and environment. Various types of
monitoring activity are currently in practice. During the ESIA study baseline monitoring on basic
environmental parameters in the project area of influence was conducted. Subsequent monitoring
would help assess the changes in those parameters over time against the baseline. The main types
of environmental monitoring that will be conducted in this exercise encompass:-

 Impact Monitoring
The biophysical and socio-economical (including public health) parameters within the project area,
must be measured during the project construction and operational/ utilization phase in order to
detect environmental changes, which may have occurred as a result of project implementation e.g.,
air emission, dust, noise, water pollution etc. (European Commission, 1999).

 Compliance Monitoring
This form of monitoring employs a periodic sampling method, or continuous recording of specific
environmental quality indicators or pollution levels to ensure project compliance with
recommended environmental protection standards. This type of monitoring should be regular and

6
performed over a long period of duration so as to gather sufficient data to draw accurate conclusion
concerning project impact.

1.3.1 Criteria for this Environmental Monitoring

The criteria used in the Audit are the compliance level with: -
 Relevant legislation, in particular, the Environmental Management and Coordination Act
(EMCA), Cap 387 and regulations as well as international standards on Environment,
Health and Safety, and sustainable use of natural resources;
 The ESMP, monitoring programmers and procedures in place for control and corrective
actions taken in case of emergencies;
 Contractor’s knowledge and awareness of relevant legislation, responsibilities and
adherence to the ESMP;
 Existing project documentation related to infrastructural facilities and designs;
 Contractor’s policies and codes of practice; and
 Contractor’s records of incidents and accidents and the likelihood of future occurrences of
the incidents and accidents.

As well as:-

 Inspection of the camp as well as materials storage and disposal sites and possible
associated significant environmental risks;
 Inspection of the quarry, crusher, concrete batching and asphalt plant site and operations;
 Identification of health and environmental concerns;
 Views on health and safety issues from the project employees, the local and other
potentially affected communities; and
 On-going road works.

1.3.2 Objectives of the Environmental Monitoring

The Environmental Monitoring was carried out in accordance with the requirement of the
Government of Kenya, governed by the NEMA guidelines following the requirements of the
Environmental Management and Coordination Act, cap 387 of the Kenyan Constitution and the
Environmental (Impact Assessment and Audit) Regulations, 2003.

The specific Terms of Reference (ToRs) were as follows: -

 Deliver an Environmental Monitoring Report associated with the on-going construction

operations;
 Assess the extent to which the Environmental and Social Management Plan for the road
construction has been implemented and recommend remedial action; and
 Continue to provide advice on license issues from the regulatory authority (NEMA).

1.4 Environmental Monitoring Organization and Structure

Based on the existing information, the Environmental and Social Audit was carried out to full
completion and thereafter culminated in the production of this Audit Report designed to ensure that

7
the proposed development complies with the EMCA(Amended) 2015, Cap 387). The report is
organized in chapters as outlined below: -

Executive Summary:- This section presents a summary of the entire report

with key emphasis on significant findings and recommended actions

Chapter 1 Introduction:-This chapter gives description of:-

 Background of the road project;
 Project Description;
 Scope of Works;
 Requirement for the Environmental Monitoring; and
 Objective of the Environmental Monitoring.

Chapter 2 Findings and Recommended Corrective Action:- This chapter presents

findings obtained during the Environmental Monitoring of [Contractor’s
campsites, Material sites and active Construction sites].

Chapter 3 Conclusion:-This chapter present the summary of the audit report

Chapter 4 Recommendations:- Presents the proposed way forward on the project and key
deliverables

Chapter 5 Annexures:- Attendance lists, Minutes and Sample evidence of statutory

compliance

8
 CHAPTER TWO: FINDINGS AND RECOMMENDED CORRECTIVE ACTION

2.1 Introduction
The objective of the environmental monitoring was to review the Kenol-Sagana-Marua highway
improvement project, Lot 1: Dualling of Kenol-Sagana (A2) road environmental impact. It was
also sought to check on the project’s compliance with the ESMP, which provided the framework
for the management of the project’s social and environmental aspects as outlined in the ESIA
Study report . The results of the exercise will be used to inform future project reviews.

at A2/B25 (former C71) junction at Kenol in Muranga County, approximately 57 Km north of

Nairobi City, and runs northwards through the River Sagana (Tana) Bridge Crossing at Km
27+900, A2/B24 (former B6) junction at Km 31+700 (Makutano) and terminates at Sagana,
approximately 700m beyond the Kagio (A2/B25) junction.

The audit team traveled across the project area from A2/B25 (former C71) junction at Kenol in
Muranga County up to Sagana approximately 700m beyond the Kagio (A2/B25) junction. The
safeguard teams also undertook visits to the contractor’s campsite, borrow sites and active
construction sites. The environmental monitoring team focused on compliance with the
regulations and environmental issues such as Statutory Compliance Obligation Status, Waste
Management, Water Quality Management, Air Quality Management, Noise and Excessive
Vibration Management, Material Sites Management, Occupational, Health and Safety, Radiation
Control Measures, Road Safety Management and Cross Cutting Issues. They also identified areas
of concern that need improvement and proposed practical recommendation.

2.2 Key Observations

2.2.1 Statutory Compliance Obligation Status

The GIIP and EMCA, Cap 387 require contractors to follow certain statutory and environmental
rules and regulations in order to maintain a safe and healthy work environment. To comply with
these requirements, the contractor must seek all necessary licenses/permits and ensure they are
available on site.

The Table 2-1 below indicates observations made after site inspections of various project
operational areas against required legal obligations. An action plan/recommendations section has
been provided to assist the Supervision Engineer and the Contractor in taking steps to rectify any
non-compliance, or make general improvements in a particular area.

7
 Table 2-2: Status of Licenses, Permits and Other Documents
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
Statutory -The GIIP and EMCA, Cap 387 -The Road Project has been  The road project,  Expedite acquisition of
Compliance (Amended, 2015) makes it a screened against these tools and is contractor’s EPRA permit

mandatory requirement for an EIA
study to be carried out by proponents
intending to implement projects
specified in the Second Schedule of
the Act. The proponent is required to
submit the EIA and EA reports to
NEMA for review and necessary 372
action; and
-EMCA, Cap 387 goes on to stipulate
legal tools that govern conduct of
environment and social audits and
general environmental protection.
Ecological The Environmental Management
Management and Co-ordination (Conservation of
Biological Diversity and Resources,
Access to Genetic Resources and
Benefit-Sharing) Regulations, 2016
provides that no person shall engage
in any activity that may have an
adverse impact on any ecosystem or
lead to the unsustainable use of natural
resources. The conservation of
biological diversity applies to any area
of land, lake or river, which the
Minister has declared to be a protected
classified under the second schedule
and specifications of these
guidelines have been captured in the
Contracts for Construction to ensure
that Contractor’s legally bound to
undertake mitigation alongside
general construction work; and
-To comply with these
requirements, the contractor must
seek all necessary licenses and
permits.
Part II- Any disturbance of flora and fauna,
V vegetation disturbance and removal,
and the disturbance of soil, surface
and groundwater, and aquatic
environment within the precincts of
the road corridor should be done in
line with these regulations to
maintain biological diversity in the
project corridor.
8
campsite ,Asphalt and
batching plant were covered
by EIA license;
 Workplace registration
certificate for contractor’s
Mirira Campsite, ,Asphalt,
Crusher and batching plant
and the road project have
been acquired.
 The CESMP was available;
and
 Energy and Petroleum
Regulatory Authority
(EPRA) permit was not yet
acquired.
 The area traversed by the  Incorporate tree planting
road section does not have as part of rehabilitation
any protected area; process of the borrowed
 Flora disturbance occurred sites;
at material source areas;
 The road project cuts
through River Sagana, River
and River Rwamuthambi
and other ephemeral stream
crossings. Appropriate
drainage structures have
been incorporated as part of
the design;
Environmental
Act
/Social Aspect
natural environment system for
purposes of promoting and preserving
biological diversity in accordance with
section 54 of the parent Act
(Regulation 8).
Forest act, 2005
The Act provides that if mining,
quarrying or any other activity carried
out in the forest, shall, where activity
concerned is likely to result in forest
cover depletion, the person
responsible shall undertake
compulsory re-vegetation immediately
upon the completion of the activity.
To ensure community participation in
forest management, the Kenya Forest
Service(KFS) collaborates with other
organizations and communities in the
management and conservation of
forests and for the utilization of the
biodiversity.
Waste In accordance to the Environmental
Management Management and Co-ordination
(Waste Management Regulations of
2006) provides guidelines for the
management of all categories of waste
including solid waste, industrial waste,
hazardous waste, pesticides and toxic
substances, biomedical wastes and
radioactive substances.
Compliance Status Recommendation
Cap Relevance To The Project
 The contractor has a tree
planting and inspection
report and rapid vegetation
analysis done along Kenol-
Sagana road
 There is also a tree planting
The Forest Act aims at encouraging in public institution and
the proponent Kenya National some rehabilitated borrow
Highways Authority to engage pit carried out by the
Community Based contractor.
Organization(CBO’s) and
Community Forest
Associations(CFA’s) in the
management of forest roads.
Section
43
Part II It is the responsibility of the  Waste Management Plan  Engage a NEMA licensed
Contractor(producer) to manage all was in place general and hazardous
the wastes produced i.e. form  Waste handler for general wastes handler to collect,
woodwork, empty bitumen drums, and hazardous wastes is yet transport and dispose all
excavated spoil material, wrappers, to be engaged; wastes related to project
plastic containers, cuttings  Waste segregation was not activities;
(plastic/metal), used vehicle tyres practiced at the contractor’s  Construct an enclosed
etc. within the construction sites. campsite; lockable waste holding
 Wastewater is channeled and storage receptors at
9
Environmental
Act
/Social Aspect
These Regulations also prescribe
responsibility of Waste generators.
Water Quality EMCA, Cap 387 (Amended, 2015)
Management stipulates that nobody is allowed to
discharge or dispose of hazardous
materials in the environment whether
intentional or accidental.
The Water Act 2016 provides for the
management, conservation, use and
control of water resources and for
acquisition and regulation of rights to
use water; to provide for the
regulation and management of water
supply and sewerage services.
Compliance Status
Cap Relevance To The Project
Article This Act provides guidelines for the
93(1) implementation of all the projects
that may have any form of
interactions with water resources in
the country. Various permits from
Water Resources Authority (WRA)
will be required for proposed water
abstraction methods, whether
surface or ground water. In
consideration that the project is
located in a rural setting, the
Contractor’s will be required to
employ strategies aimed at
preserving the water quality during
construction.
These Regulations guard against
pollution of water resources and
require individuals to take the
necessary precautions in an attempt
to avoid water pollution. The road
project also generates waste water
from vehicles oil, asphalt plant,
10
Recommendation
into the provided septic
tanks; and
 Waste bins were provided
within contractor’s premises
but were not labeled.
 Water quality test from
nearby rivers was carried
out;
 Water for construction is
abstracted from Kakuzi
Dam and Maragua River via
permits issued by Kakuzi
PLC and WARMA
respectively.
 The fueling yard at the
contractor’s camp site was
well bunded and with no
evidence of spillages;
 The service bay at the
garage area contained a
mixer of stagnant waste oil
and water;
 There were pockets of waste
bitumen from the laboratory
within REs campsite, and at
the Contractor’s Campsite.
the contractor’s campsite;
 Clearly label all waste
bins for easy sorting of
waste
Waste bins at all active
project sites to facilitate
effective collection of
wastes.
 Institute corrective
measures in relation to the
findings obtained from
the periodic water test
 Ensure waste oils/grease
contained within the
service bay are
continuously clean up and
appropriately disposed
 Ensure bitumen are
cleaned up on the go and
disposed off by a NEMA
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
asphalt products and at the batching  The waste oil and grease licensed waste handler;
site. In addition, the camp sites was well stored in a closed
produce waste water inform of premise which was paved .
effluents and kitchen waste water.
Pollution of water resource along
the road corridor should therefore
be avoided.
Air Quality In accordance to the Environmental Part II- The emissions/pollution likely to  Air monitoring management
Management Management and Coordination (Air VII result from road construction strategies were in place to
Quality) Regulations of 2014, the activities (such dust and exhaust help guide the management
Contractor is prohibited from causing emissions from running vehicle and of dust along the road
air pollution directly or indirectly equipment engines) have the section and crusher site.
through the release of liquid, solid or potential of polluting the immediate  The Ambient Air Quality
gaseous pollutants into the atmospheric environment. Bush Measurements was carried
atmosphere. clearing, earthworks and bulk out;
The objective of this regulation is to delivery of construction material, if  Water bowser logs for dust
provide for prevention, control and unmanaged may result in generation suppression was carried out
abatement of air pollution to ensure of dust. Thus, there is need for strict and the implementation of
clean and healthy ambient air. adherence to these Regulations by wet crushing at the crusher
The regulation also provides the Proponent in order to abate air site was also observed.
guidelines on use of clean fuels, use of pollution and thus ensure clean and  The stock pile materials at
catalysts and inspection procedures for healthy ambient air. the contractor’s campsite
engines and generators. were well covered to
387
prevent them from being
blown away by the wind.
This can help minimize the
air pollution in the area.
Petroleum These regulations are triggered in  Contractor heavily  Contractor is encouraged
products The Environmental Management that the proponent will use vehicles consumes fossil fuel by his to regularly maintain his
management and Co-ordination (Fossil Fuel and equipment that depend on fossil machines, plants and equipment to achieve
emission control) Regulation, 2006 fuel as their source of energy. As vehicles. Efficient
11
Environmental
Act
/Social Aspect
aims at eliminating or reducing
emissions generated by internal
combustion engines to acceptable
standards. The Regulations provides
guidelines on use of clean fuels, as
well as use of catalysts and inspection
procedures for engines and generators.
Noise and The Environment Management and
Excessive Co-ordination (Noise and Excessive
Vibration Vibration Pollution) (Control)
Management Regulations, 2009 aim at ensuring the
maintenance of a healthy environment
for all people in the County.
The Regulations provide thresholds
within specified environments for
noise and excessive vibrations. It
includes provisions on noise from
related sources such as vibration of
machinery, motor vehicles, blasting
activities, and construction at night.
The Factories and Other Places of
Work (Noise Prevention and
Control) Rules L.N 25 of 2005
provides for the noise levels that a
worker should be subjected to at the
workplace. Further, the Rules provide
Compliance Status Recommendation
Cap Relevance To The Project
such, it is recommended the functionality of the plants, efficient consumption of
requirements of the regulation be machines and vehicles fuel; and
implemented in order to eliminate schedule was available.
or reduce negative air quality  There was also evidence of
impacts. All equipment that will be servicing records of the
used in the project should be kept to project’s equipment; and
manufacturers’ specifications to  There were inspection
reduce any incomplete combustion. records of the project
vehicles including dumpers.
All noise incidences within the  Noise and excessive  Undertake Noise and
project corridor should comply with vibration mapping of active excessive vibration
the provisions of these regulations. sections of the project was mapping and
Trenching, compaction, and other yet to be carried out; consequently develop
construction activities that may  Work zones with expected Noise and Excessive
generate noise and vibration should high noise levels such as Vibration Management
be carried out during the day in workshop and generator at Plan for the entire project
order to reduce likelihood of noise the Asphalt and Batching site;
pollution to those within the project Plant were appropriately
vicinity. Sensitive areas such as marked with warning signs
mosques, schools that may occur regarding high noise levels
along the project road may be within the area;
affected by aforementioned noisy  Maintenance schedule for
activities during road construction plants and equipment was
phase. available;
 Workers at the workshop
Consequently, the contractor should area and plant operators did
put in place measures aimed at had ear defenders.
ensuring the permissible noise
levels by the NEMA regulation are
not exceeded by the project road
12
Environmental
Act
/Social Aspect
for noise prevention program where
noise levels exceed 85 dB (A) at the
workplace. In situations where the
noise levels exceed permissible levels,
the occupier is required to develop,
rollout and implement a written
hearing conservation program.
Compliance Status Recommendation
Cap Relevance To The Project
implementation activities.
The Contractor is required to carry
out regular noise measurement on
areas prone to high noise levels such
as the GCS batching plant in
accordance to the regulations.

Noise and Excessive Vibration

Pollution (Control) Regulations of
2007. Legal Notice No. 61 provides
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. In Part II,
determining whether noise is loud, Section
unreasonable, unnecessary or unusual; 3
various factors including time of the
day; proximity to residential area;
whether the noise is recurrent,
intermittent or constant; and the level
and intensity of the noise among
others may be considered. Any person
who contravenes the provisions of this
Regulation commits an offence.
Material Sites Integrated National Land use The Contractor was required to  The contractor has been
Management Guidelines 2011(INLUG) acquire NEMA license, lease utilizing one (1) commercial
The INLUG is meant to support and agreements with landowners for the quarry and crusher at
13
Environmental
Act
/Social Aspect
promote the implementation of the
general goals laid down in the EMCA
(Amended, 2015) The guidelines are
meant to avert various quarrying
disasters associated with quarrying
activities brough about by the creation
of deep pits, dust emission, noise and
excessive vibration generation and the
possible ponding at the sites.
Compliance Status
Cap Relevance To The Project
quarry site and borrow pits as well Gakindu. The site lease and
as NEMA clearance certificate for ESIA license agreements for
all the rehabilitated material sites. the quarry were acquired.
 Thirty four (34) borrow pits
have been utilized so far.
Out of the sites, thirty (30)
were covered by the ESIA
license and site lease
agreements;
 Presently, there are still five
(6) active borrow pits;
 Some borrow sites have
deep and vertical cliffs
while others were ponded.
For instance, borrow pit at
Km 32 +900 RHS borrow
pit was approximately over
7m deep pounded and
situated next to a wetland .
borrow pit at KM 34 +400
LHS had excavated stock
pile is pushed past the
buffer zone thus moved very
close to River Sagana which
will result in to siltation of
the river and raise
grievances downstream;
 Clearance letters from the
NEMA for the three (3)
decommissioned borrow
pits had been secured from
NEMA;
 Majority of the reinstated
borrow pits are well
backfilled and some have
14
Recommendation
 Expedite the acquisition
of NEMA license for the
remaining three borrow
pits.
 All material sites must be
secured and guarded;
 Avoid vertical
excavations which
compromise rehabilitation
process and community
safety;
 Drain off ponded material
sites and undertake
progressive rehabilitation
is encouraged to preserve
public safety and check
on the cost of restoration ;
 Guidelines provided in
INLUG on siting of
quarries and borrow pits
must be adhered to. In
addition, siting of material
sites next to homesteads is
discouraged due to safety;
 All dumping places
Environmental
Act
/Social Aspect
Workplace The Occupational Health and Safety
Occupational Act (OSHA), of 2007 provides for the
Health and safety, health and welfare of workers
Safety and all persons lawfully present at
workplaces.
Provisions on health include
cleanliness, overcrowding, ventilation
and lighting. Those on welfare are
supply of drinking water, washing
facilities. Machinery safety includes
safe use of plant, machinery and
equipment whereas chemical safety
covers handling, transportation and
disposal of chemicals and other
hazardous substances including waste
Compliance Status
Cap Relevance To The Project
Part II During the implementation of the
project road, the project Contractor
will occupy construction camps,
mobilize equipment and hire
construction workforce. The
employer as well as the employee
have the duty of care to one another.
The occupier must undertake Safety
and Health (SH) risk assessments,
SH audits, notification of accidents,
injuries and dangerous occurrences.
Specific health, safety and welfare
measures to be installed include: -
Avail required Personal Protective
Equipment (PPE) at workplaces
15
Recommendation
been handed over to the should be covered by
owner, however some have legally signed
be not been satisfactorily agreements to avoid
rehabilitated yet handed
complains from land
over to the owner such as
borrow pit at Km29 +000 owners.
RHS needs more dumping
to create a gentle landscape
of the area.
 Some of the reinstated
borrow pits had successfully  Develop and implement
been revegetated. Others Quarry excavation
were being utilized for methodology and mining
farming; and plans;
 Quarry excavation
methodology and borrow
pits mining plans were
developed;
 Occupational Safety and
Health (OSH) plan,
Emergency Response Plan,
OSH Risk Assessments and
Personal Protective
Equipment (PPE) Policy
were in place;
 OSHA abstract was not  Display the OSHA
displayed on the notice abstract at strategic points
board within contractor’s within contractor’s
premises for awareness premises for awareness
creation; creation;
 PPE schedule was in place  Ensure the workers are
however workers were also provided with suitable
noted not wearing the and sufficient PPE as per
Environmental
Act
/Social Aspect
that may be generated at the
workplace. Further, the Act states that
before any premises are occupied, or
used a certificate of registration must
be obtained from the Director. The
occupier must also keep a general
register.
Compliance Status
Cap Relevance To The Project
such as hand gloves, safety boots,
reflective jackets, nose mask and
helmet; and
Inspection of construction
equipment to ensure that they are in
good working condition before
beginning a job. In addition, the
Contractor/proponent will ensure
that regular inspections and
maintenance of the equipment are
conducted accordingly.
To maintain a safe and healthy
workplace, contractor should ensure
good housekeeping, provide
workers with clean drinking water,
sanitary restrooms, and washing
facilities to clean up.
16
Recommendation
proper equipment while the risk exposure. In
they were at work at Mirira addition, ensure
Quarry, Makutano compliance of PPEs for
Interchange and Sagana the workers ;
Trauma Centersuch. This
included PPEs such as
safety shoes, reflectors,
helmets and hand gloves;
 Generally, housekeeping  Improve housekeeping
was not well maintained at standards by maintaining
the Victoria Engineering a clean and orderly
Cooperate limited campsite environment, ensure that
as evidenced by overgrown the lawn is well groomed
vegetation and litter; and that there is no litter
 There were fully-equipped on site;
First Aid kits at various
sections of the project.
 Mandatory Generally, the
contractor had provided the
workers with adequate
sanitary facilities in good
working condition as
observed at the contractor’s
campsite;
 audits such as OSH and fire
audits were regularly carried
out;
 There was proper
ventilation at all workplaces
in accordance to Sec. 49 of
the Occupational Safety and
Environmental
Act
/Social Aspect
Incident and The Work Injury Compensation
Accident Benefit Act 2007 provides guideline
Reporting for compensating employees on work-
related injuries and diseases contacted
during employment. The Act also
requires provision of compulsory
insurance for all employees.
The Act also stipulate that written or
verbal notice of any accident provided
for in section 22 which occurs during
employment shall be given by or on
behalf of the employee concerned to
the employer and a copy of the written
notice or a notice of the verbal notice
shall be sent to the Director.
The Special Conditions of Contract
requires the Contractor to prepare and
submit to the Resident Engineer for
approval a safety plan concurrent with
the program of works. Further, as per
the Special Conditions provides that
the Contractor shall, without limiting
his or the Employer’s obligation and
responsibilities insure, in the joint
names of the Contractor and the
Employer, against liabilities for death
Compliance Status Recommendation
Cap Relevance To The Project
Health Act, 2007;
 There was evidence of an
emergency assembly point.
Part The Client/proponent should make a  Incident and accident  Sustain measures aimed at
IV, written or verbal notice of any register in place; minimize road and
Section accident to the Director DOSHS  WIBA Policy is up to date; occupational incidences
21 within twenty-four hours of its  The project has recorded a and strive to achieve zero
occurrence in the case of a fatal total of two (2) fatality ; fatality
accident;  There is also a total of
The Contractor must ensure that all eleven (11) major injury and
workers contracted during the one hundred and ten minor
project implementation phase are injury recorded under
covered by appropriate insurance WIBA.
covers to facilitate their  There was no recorded
compensation in case of any injuries injury as per the month of
acquired while working; the inspection visit.
In case of a fatal accident, the
Client/proponent to be notified by
the Contractor within twenty-four
hours of its occurrence;
Compensation for temporary partial
disablement incurred during project
implementation shall consist of a
proportionate amount of the
periodical payment calculated as
specified in sub-Section (1); and
All OSH committee secretaries in
health facilities shall establish and
maintain records of OSH events in
the facility. The OSH documents
17
Environmental
Act
/Social Aspect
or permanent disablement, in part or
total, of or injury or illness to any
person (other than is provided) or loss
of damage to any property.
The Act also stipulates that an
employee who suffers temporary total
disablement due to an accident that
incapacitates the employee for three
days or longer is entitled to receive a
periodical payment equivalent to the
employee’s earnings, subject to the
minimum and maximum amounts
fixed by the Minister from time to
time, after consultation with the
Council.
Training In accordance with the Occupational
Safety and Health Act 2007, the
employer is charged with the
responsibility of providing instruction,
training and supervision as is
necessary to ensure health and safety
at work of his workers.
The Factories and Other Places of
Work (Safety and Health
Committees) rules of 2004 require the
employer to establish and train a
safety and health committee consisting
of representatives from the
management and the workers.
The Factories and Other Places of
Work (Fire Risk Reduction) Rules
Compliance Status Recommendation
Cap Relevance To The Project
shall include the following: -
 Accident reporting and
follow up reports;
 Dangerous occurrences;
 Incidents and near misses;
and Occupational diseases;
and
 The OSH committee shall
maintain a register for
Part V, accident reporting,
Section dangerous occurrences,
28 incidence/ near misses and
reported occupational
diseases.
Cap 514 The employer is duty bound to  The workplace has  Sustain this measures
ensure that all safety representatives constituted and trained
undertake a prescribed basic Safety and Health
training course in occupational Committee in compliance to
health and safety, first aid and fire Sec 9 of the Health & Safety
safety within a period of six months Committee Rules, 2007.
from the date of appointment or  Fire safety and first aid
election, as the case may be, and training are carried out;
thereafter refresher training from  There was evidence of
time to time. safety induction carried out
It will be important for the selected for new employees; and
project Contractor to abide by this  Tool box talks were carried
law in order to provide effective out frequently and records
first aid services during incidences. maintained.
Training and evaluation can help
ensure selected controls are
18
Environmental
Act
/Social Aspect
L.N.59/2007 give guidelines on
training in fire safety.
The Factories and Other Places of
Work (First Aid) rules of 1977
stipulates that employer is charged
with the responsibility of providing
first-aid materials /equipment at all
places of work where working
conditions require as stipulated in the
Rules.
Fire Safety The Factories and Other Places of
Work (Fire Risk Reduction) Rules
L.N.59/2007 give guidelines on
prevention of fire incidents at the
workplace and means of protection of
property and injury to persons at the
workplace and its surroundings in case
of any eventuality.
Its implementation seeks to promote
fire safety measures at every
workplace, process and operations
by:-
-Vesting some responsibilities to the
occupier which include among others;
-Recommendations on flammable
substances on storage, marking and
labelling, handling, monitoring
(flammable substances), ventilation;
-Housekeeping as well as removal of
products and waste;
-Machinery/equipment layout as well
Compliance Status Recommendation
Cap Relevance To The Project
successful. Employers should
correctly train workers and
supervisors on how to use controls.
Cap 514 The employer/Contractor is required  There was a fire prevention
to comply with these regulations by plan and emergency
conducting annual fire audits (site numbers displayed at
offices, camps and establishments), prominent locations in the
acquiring fire safety certificates, and workplace.
conduct of annual fire drills of the  Annual fire drill are carried
resident workforce will have more out;
than 100 staff including the  There was well serviced
employer’s representative; the fire extinguishers mounted
Contractor is expected to form on the walls at least 2 feet
representative SHE committees to from the ground at the
perform their roles in accordance laboratory, workshop,
with the Rules. Asphalt and Batching plant
and at the contractors and
the RE office section; and
 There was no designated
Designate and clearly mark out a
smoking zone at the smoking zone at the contractor’s
contractor’s campsite. campsite.
19
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
as Fire escape exits; Control of spread
of smoke; Means of evacuation;
-Formation of fighting teams;
-Functions of firefighting team; Fire
detection system; and
Maintenance inspection and testing of
cylinders.
Medical The Factories and Other Places of Workers stationed at work areas  Pre and periodic medical  Undertake medical
Assessments Work (Medical Examinations Rules) involving exposure to tar pitch, examinations for workers examination for plant
Rules L.N.24 of 2005 provide for the bitumen, creosote and noisy are yet to be carried out. operators and workers at
conducting of medical exams on workplaces shall undergo medical high noise producing
various occupations including work examination. equipment and plants.
involving exposure to noise. The
occupier is required to carry out Pre-
employment and periodic medical
examinations where abnormal
examination results are noted. These
examinations are to involve clinical
examinations, biological monitoring
and other necessary tests depending
on the type of exposure.
Such assessment mitigates future
health and safety risks, safeguarding
the long-term overall health of the
company. Employers stand to gain
quite a bit with pre-employment
medicals. In addition to reducing
health and safety risks, pre-
employment medicals increase general
wellbeing and illustrate to your
employees and the public that you
20
Environmental
Act
/Social Aspect
care about your workforce.
Road Safety The Traffic Act of 2014 consolidates
Management the laws relating to traffic on all
public roads. The Act also prohibits
encroachment on and damage of roads
including land reserved for roads. The
act also spells out conditions for use
of roads by motorists, among others.
Machinery The occupier is required to ensure
Safety machine safety In line with section 55
to 62 of OSHA 2007
Most machinery accidents occur
during an unsafe intervention during a
work process. Access to dangerous
machinery parts should be prevented
and safeguards applied according to a
hierarchy of control measures. It is
Compliance Status
Cap Relevance To The Project
The Contractor’s vehicles shall
comply with all the traffic rules in
Kenya.
The safety of roadworkers and
motorists is a high priority due to
the substantial risks involved in
undertaking construction and
maintenance in close proximity to
moving traffic, and compromises
between traffic flow, acceptable risk
Cap 403
exposure levels, and equipment and
& 408
resource levels associated with such
tasks.
Safety polies shall be developed to
manage road safety issues at the
construction zone.
The project is under the provision of
the Act addressing road safety
issues to prevent and check road
accidents.
21
Recommendation
 Traffic Management Plan  Sustain this measures
was in place;
 Along the project road, the
contractor had installed
sufficient temporary safety
signages and crash barriers
to control traffic through the
road. This was evidenced by
Advance and spot warning
signs on works sections,
constricted roadways, deep
roadside excavations,
uneven surface and
information signs directing
traffic on diversion routes,
alternative and rerouting of
traffic and kilometer makers
on various works sections;
 Various types of machines
and plants have been
utilized by the workplace,
such as wheel loader,
generators, GCS plant and
laboratory equipment. Most
of the machines used in the
workplace are well-guarded
and do not seem to pose a
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
often necessary to restrict the use of hazard. The equipment and
work equipment to competent machines’ start and stop
operators only. Information, switches are conveniently
instruction and training should be placed and in good working
provided for equipment users, condition. The machines
managers and maintenance staff. were installed correctly and
Work equipment should be maintained there were adequate
in safe working order and carried out working areas provided; and
safely.  Some of the equipment used  Ensure that plants and
Routine inspection of equipment is at the workplace, such as air machines used in the
sometimes necessary to ensure its safe receivers, compressors, and workplace are maintained
condition. Equipment controls should LPG cylinders, have not properly. Also, ensure
be clearly labelled and accessible, been inspected by an that operators are trained
particularly important for stop controls approved person. on machinery safety and
and emergency stops. Work other basic machinery
equipment should be adequately safety procedures while
marked with appropriate warning using the machines.
signs, and devices and environmental
factors, such as lighting and space
should be managed. Operators must
obey rules for the safe use of work
equipment.
Electrical The Factories (Electric Power)  There was lack of  Ensure to provide
Safety (Special) Rules, 1979 sets forth safety cautionary signage display cautionary signage at
standards for the construction, at various power sources various power sources.
installation and maintenance of cautioning of imminent
electrical fixtures and apparatus in electrical hazards therein;
factories. According to the OSHA and
2007, electrical hazards in the  There exists a socket  Ensure all electrical
workplace pose significant risk that mounted in place with a components are
could potentially cause injuries or maintained in good
22
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
deaths to workers. rope at the laboratory working conditions and
within REs campsite inspected as per the law
Electrical accidents, when initially
studied, often appear to be caused by
circumstances that are varied and
peculiar to the particular incidents
involved. However, further
consideration usually reveals the
underlying cause to be a combination
of three possible factors: work
involving unsafe equipment and
installations; workplaces made unsafe
by the environment; and unsafe work
practice.
HIV and AIDs The HIV and AIDs Prevention and This Policy shall give guidance on  The HIV/AIDs Sub-  The HIV/AIDS sub-
Programming Control Act of 2006 requires HIV and matters pertaining HIV/AIDS Contractor, Farii Africa contractor should also
and COVID-19 AIDs education to be conducted in the throughout the project life. Counselling Consultancy establish a collaboration
Pandemic work place. Road construction works Consequently, the project appointed Services Ltd, was engaged with the National
Mainstreaming by their nature increase risks of HIV sub-Contractor is expected to and has ensured that the Syndemic Diseases
and AIDs spread between workers and institute HIV and AIDs awareness project IEC materials have Control Council
host communities and even among and prevention plan among his staff been approved. (NSDCC) regional office
workers themselves in camps. and the host communities through  Awareness and testing has in Murang’a, Kiringyaga,
The Act also advocates for promotion service providers approved by the been on going at a slow Embu and Machakos to
of public awareness about the causes, local public health departments. pace; and support the
modes of transmission, consequences,  There were condoms implementation of the
means of prevention and control of available at the provided project's interventions;
HIV and AIDS and extend to every dispensers, at the REs and
person suspected or known to be campsite washrooms, but  This collaboration will
infected with HIV and AIDS full there was an empty condom ensure that the various
protection of his human rights and dispenser at the contractor’s approaches are
civil liberties. campsite. complementary and that
23
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
the project’s maximum
impact is achieved. The
HIV/AIDs sub-contractor
should also develop a
comprehensive work plan
that will allow them to
carry out their tasks on
site efficiently.
 Ensure to refill the
condom dispenser at the
contractor’s campsite.
Vulnerable The Gender Policy of 2011 was In his requirement to hire the local  Sexual Exploitation and
Groups, established with an over-arching goal labour, the road Contractor will be Abuse Strategy, Child
Gender of contributing to the reduction of obligated to hire his workforce in a Protection Strategy, Gender
Mainstreaming gender inequalities and the gender sensitive way that includes Mainstreaming and Gender-
, Gender Based discrimination against all; women, and promotes equal opportunities Based Violence Plan were
Violence and men, persons with disabilities, youth, for both men and women and also in place; and
Sexual children, the elderly, minorities and ensuring inequality is not  The project labor force as of  Contractors is urged
Harassment marginalized communities. perpetuated. April 2023 had 751 male adopt policies and
The 2010 Constitution of Kenya and 19 female workers. This procedures that are in line
recognizes the right of all children to Article translates to 97.4% men and with the country’s Gender
be protected from abuse, neglect, 53 2.47% women. This Policy to attract more
harmful cultural practices, all forms of indicates that the contractor female workers to work
violence, inhumane treatment and still has a long way to go in on the road project; and
punishment, and hazardous or attaining the 30% gender  Continuously advertising
exploitative labour. ratio that’s required by law for vacant positions both
in Kenya. internally and externally,
at the chief's office, at the
main campsite gate, in the
ward administrator’s
office, at the social hall,
24
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
in the markets, and in
various other areas.
Through the
aforementioned
procurement procedures,
the contractor shall be
able to provide
information to more
regarding job
opportunities within the
project.
Employment The Labour Relations Act of 2007 The contractor is expected to  Labour Influx Management
Creation, consolidates laws relating to trade comply with the provisions of the Plan is in place; and
Labor Influx unions and trade disputes, to provide Act when their employees exercise  Internal mechanisms for
Management for the registration, regulation, these rights. resolving labour related
and Labour management and democratization of In addition, the contractor to ensure concerns include
Conditions trade unions and employers that all employees receive equal channeling of employee
organizations or federations, to remuneration for equal value of grievances through the
promote sound labour relations work in line with section 5(4) of the Labour Grievance
through the protection and promotion Employment Act of 2007. Committee which comprises
of freedom of association, the of the RE, the safeguards
encouragement of effective collective team and the employee’s
bargaining and promotion of orderly representative (worker’s
and expeditious dispute settlement, union or other as the
conducive to social justice and employee may decide)..
economic development and for
connected purposes.
The Act also provides for worker’s
freedom of association, procedures for
establishment and registration of trade
unions and employers’ organizations
25
Environmental
Act
/Social Aspect
and related mechanisms.
Further, the Act provides for the
establishment of Labor Committees
(e.g., the Work Permits Committee
among others. The applicable
minimum wage requirements in
Kenya classified by urban, per-urban
and rural areas are usually gazetted
every year or every other year as
regulations under this Act.
Grievance Grievance Redress Mechanism is a
Redress tool through which
Mechanism complaints/grievances are channeled
and solution sought in the project. It
involves receiving of complaints from
the community on how they are
affected by the project, finding
community-based solutions and
implementing the solutions. This
enhances opportunity for stakeholder
engagement and promote transparency
in resolving conflicts within the
community.
Stakeholder The Access to Information Act of
Compliance Status
Cap Relevance To The Project
Involuntary resettlement and road
construction activities will
inevitably result in grievances
relating to property compensation
and relocation while ensuring that
the project is delivered as planned.
This necessitates formation of GRC
to facilitate speedy resolution of
disputes and grievances, build
positive rapport between PAPs and
Project implementing agencies.
Complaints and grievances may also
be from individuals or host
community not directly affected by
the project which may be handled
through dialogue or negotiations to
arrive at consensus.
Article KeNHA, the project implementing
26
Recommendation
 The Grievance Redress  Operationalize the
Mechanism Strategy is in projects GRC to assist in
place; the management of
 GRC training and launched project related grievances.
done 10th March 2022;
 No GRC sittings done; and
 As April 2023, a cumulative
total of 205 grievance have
been lodged and assessed.
Out of this number, 51 have
been resolved while 155 are
pending. This translate to
68.29% success rate in
terms of grievance
resolution which is quite
inefficient. The major issues
that trigger the complaints
cut across cracking houses
due to blasting activities and
compensation issues.
 The project Stakeholder
Environmental Compliance Status Recommendation
Act Cap Relevance To The Project
/Social Aspect
Management 2016 upholds the right to information agency, is expected to share the Engagement Plan was
Engagement and enables citizens to access project information with general developed;
information from the state and private public and other stakeholders as  One-on-one engagements  Endeavour to maintain
companies. appropriate within the law. were carried out with continuous engagements
The Constitution of Kenya provides project affected persons. with the community
that National values and principles of The minutes of these neighboring the project,
governance include public engagements were also kept. key project stakeholders,
participation.  Fourteen (14) stakeholder and the project staff with
engagement meetings have the view of improving the
been held since the project project ownership.
inception and proper record
maintained. This sessions
have facilitated the
10
disclosure of Information
related to the Project.
Minutes of the meetings and
attendance register have
been documented; and
 Through the discussions
with the land owners and
with support of the local
administration such as the
Area chief, the project may
be able to get required
support from the
neighboring community.

27
2.2.2 Common Property Resources
The Common Property Resources (SPRs) are resources owned and managed collectively by a
community or society rather than by individuals. Some of the SPRs constitute cultural
resources and provide evidence of past human activity such as pioneer homes, buildings or old
roads; structures with unique architecture; pre-historic village sites; historic or pre-historic
artifacts or objects; rock inscription; human burial sites; earthworks, such as battlefield
entrenchments, pre-historic canals, or mounds among others. These non-renewable resources
often yield unique information about past societies and environments, and provide responses
for modern day social and conservation problems. Although many have been discovered and
protected, there are numerous forgotten, undiscovered, or unprotected cultural resources in
Africa at large.

Based on the foregoing, there is need to consider systems of SPRs management which often
exist in a context of close institutional overlap with state institutions to avoid triggering
grievances from the beneficiaries of SPRs users.

Compliance/ Non-conformity with the Law

 There is a natural water pan situated at Km 18 that belongs to the county government but
utilized by the community nearby, were during the road construction the culvert near the
natural water pan lead to increased siltation thus resulting to shallowing and disrupt
ecosystem dynamics in the water pan.

Recommended Corrective Actions

 Distillation of the water pan to be carried out by the contractor

30
 CHAPTER THREE: CONCLUSION

On completion of Construction of Lot 1: Dualling of Kenol-Sagana (A2) road roads will play a
critical role in improving the living standards of the project area. This will be characterized by
among others, spring up of numerous businesses, reduction in the cost of transportation and
repair for motor vehicles and boda-bodas, improvement in the access to health facilities, enhanced
mobility and security due to ease of doing patrols for the security personnel. The accrued
numerous positive effects will trickle down not only to the community living within the project
area but also boost the economic potential of the entire region.

The ESMP Monitoring findings builds up the prediction by ESIA study that the road project shall
elicit medium to low impacts that can be avoided or mitigated through application of mitigation
measures before or wherever they occur. During the inspection, it was observed that the project
had a good systematic filling system, serviced fire extinguishers, provision of waste bins at
various sections of the campsite which but the waste bins needed to be clearly labeled to identify
which type of waste should be disposed off at what bin. The lab was clean, well ventilated and
sufficient lighting was noticed which shows good housekeeping of the premise. There is a nuclear
gauge at the campsite which is well housed but was devoid of a warning signage to indicate a
radioactive material in that area. The clinic at the contractor’s campsite had recoded incident of
ophthalmological injuries by a carpenter which shows non conformity to the use of PPEs
specifically safety googles. She indicated that such incidents can be avoided by not only
providing PPEs but also enforcement of use.

The OSH abstract was not pinned because it was worn out due to rain thus the contractor needs to
expedite the acquisition of the OSH abstract and also ensure it pinned. The bulk fuel storage area
was well paved to contain any spillage, fire extinguishers and proper signage were also in place
but the station was devoid of buckets of soil and a shovels to help in fire mitigation practice thus
ensure to enforce this measure. At the garage the workers were requesting for provision of PPEs
so use the risk assessment guidelines in order to identify what PPEs are appropriate for their kind
of work. At the waste holding area there was lack of waste segregation because the hazardous
waste was mixed up with the general waste. At the bitumen holding area there was a lot of
bitumen spill and the floor was unpaved but the area was covered with some aggregates. Thus, the
bitumen spills need to be excavated disposed off appropriately and ensure that the bitumen
holding area is paved to prevent contamination of the soil.

There is also overgrown vegetation and litter at the contractor’s campsite thus ensure proper
housekeeping. Under social aspect three suggestion boxes were noticed, posters on HIV/AIDS
and COVID 19 safety measures were in place. However, whistle blower policy was not in place in
order for workers to be able to freely express their grievances. There was also a bus for
transporting workers to the asphalt mixing plant various and dust suppression measures were
noticed such as wet crushing and sprinkling of water on the road which was impressive. However,
it was noticed that some workers were not wearing their face masks even though they had them,

31
so this goes back to enforcement of the use of PPEs. There were also measures in place for the
explosive and detonators area which was remarkable. A vast majority of workers at the Makutano
interchange bridge at Km 7 had sufficient PPEs but some lacked safety shoe so the contractor
should ensure provision of safety shoes to workers. The safeguards team also noticed that a vast
majority of material site were well rehabilitated and have acquired the NEMA compliance
certificate. However there are a few which are a bit problematic such as borrow pit at Km 32 RHS
which was deeply excavated over 7m deep and pounded and was next to a wetland which is a
very sensitive ecosystem. In addition to this the borrow pit is next to a homestead which increase
the risk of an accident occurring thus immediate rehabilitation of the borrow pit needs to be put in
place.

The borrow pit at Km 32 +400 LHS which is situated next to River Sagna has the top soil
excavated pushed past the riparian reserve and next to the river bank, this will result in to siltation
of the river and thus, the contractor needs to push back the materials and leave a 60m riparian
reserve from the river bank.

At Km 29 +000 A RHS the land has been handed over to the owner and the site was not well
leveled thus the contractor to ensure that the area is well leveled. At Km 29 +000 B RHS, the site
was exhausted but there was no rehabilitated done thus the contractor need to expedite
rehabilitation of that borrow pit. The natural water pan at Km 18 RHS should be desilted so that
the community can continue to use the water pan

32
 CHAPTER FOUR: RECOMMENDATIONS

Suggestions below can help improve the contractor’s level of compliance. Doing so will ensure
that the road project is carried out in a sustainable manner. Summarized recommendation are
highlighted below: -
 Clearly label the waste bin for ease segregation or waste at the REs campsite.
 Proper warning signage need to be put in place at the nuclear gauge and at the
circuit panel.
 Ensure not only provision of PPEs to workers but also enforce the usage as well.
 Ensure to pin the OSH abstract as per the law.
 At the bulk fuel storage area ensure to have a bucket of sand in place for fire safety
management practices
 Waste segregation for general and hazardous waste need to be put in place.
 Bitumen spill at the contractor’s campsite need to be properly disposed off with
NEMA licenses waste handler and the area needs to be paved to ensure that the
bitumen spill do not come in contact with the soil.
 Proper housekeeping of the contractor’s campsite needs to be put in place by
clearing of the overgrown vegetation and proper disposal of waste to avoid littering
 Develop and implement a Whistle blower policy.
 The borrow pit which were deeply excavated and pounded need to be adequately
rehabilitated and handed over to the land owner as per the land lease agreement.

33
 CHAPTER FIVE: ANNEXURES

Annex 5.1 Minutes

Annex 5.1.1 Entry Minutes

MINUTES OF THE ENTRY MEETING FOR THE ENVIRONMENTAL AND SOCIAL

MANAGEMNT PLAN (ESMP) MONITORING OF THE CONSTRUCTION OF KENOL-
SAGANA-MARUA HIGHWAY IMPROVEMENT PROJECT LOT 1: DUALING OF
KENOL-SAGANA (A2) ROAD HELD ON 5TH JUNE 2023 AT THE RESIDENT
ENGINEER’S BOARDROOM

In Attendance (Attached Annex 5.2.3)

Agenda
1. Introduction
2. Opening remarks
3. Objective of the exercise
4. Closing remarks

Min Description

1.0 Introduction

The meeting was called to order at 9.00am by Eng. Dalyong Kwon (Resident
Engineer). He welcomed all the members and provided an opportunity for them to
introduce themselves.
2.0 Opening Remarks

Njoki Githaiga gave her opening remarks by first introducing the safeguards team
and shared a brief introduction as to why the monitoring exercise is been conducted
by the safeguards team.
3.0 Objective of the Exercise

According to Njoki Githaiga, the KeNHA’s audit team leader, the objective of the
exercise was to ensure that the project's operations did not adversely affect the
environment. She highlighted the law that provides the framework for carrying out

34
 the audit.

she emphasized the importance of conducting the exercise was to identify gaps in the
contractor's work and ensure that they are in full compliance with environmental
regulations. She stated that the audit team was focused on the various areas of
interest of the project, such as the main camp site, quarry, and material sites.
The team leader stated that the inspection would look into the various techniques that
the contractor has employed in the management of the project's environmental,
social, and occupational health conditions. Some of these include the establishment
of an effective environmental management system and the adherence to the license
conditions as set forth by the ESIA study report.
4.0 Closing Remarks

The KeNHA team urged all the members to work together with a view of delivering
the project in a sustainable manner. There being no other business, the meeting was
adjourned at 10.00 am.

The minutes of the meeting are enclosed and signed by the members as indicated below:-

Minutes Prepared by: Mercy Githaiga

Signature:
Date:

Minutes Confirmed by: Richard Mogesi

Signature:
Date:

35
Annex 5.1.2 Exit Minutes

MINUTES OF THE EXIT MEETING FOR THE ENVIRONMENTAL AND SOCIAL

MANAGEMNT PLAN (ESMP) MONITORING OF THE CONSTRUCTION OF KENOL-
SAGANA-MARUA HIGHWAY IMPROVEMENT PROJECT LOT 1: DUALING OF
KENOL-SAGANA (A2) ROAD HELD ON 6 th JUNE 2023 AT THE RESIDENT
ENGINEER’S BOARDROOM

In Attendance (Attached Annex 5.2.4)

Agenda
1. Introduction
2. Remarks from field observations
3. Closing Remarks

Min Description

1.0 Introduction

The meeting was called to order at 5:00pm by Eng. Dalyong Kwon. Nelson started
off the meeting with a word of prayer then the floor was passed on to audit team to
brief on the finding from the monitoring exercise.
2.0 Remarks from field observations

The KeNHA’s team leader, Njoki Githaiga, thanked the members for their
cooperation and availability during the audit. She stated that during the inspection, it
was observed that the project had good systematic filling system, serviced fire
extinguishers, provision of waste bins at various sections of the campsite which was
good but the waste bins needed to be clearly labeled to identify which type of waste
should be disposed off at what bin. The lab was clean, well ventilated and sufficient
lighting was noticed which shows good housekeeping of the premise. There is a
nuclear gauge at the campsite which is well housed but lacks a warning signage to
indicate a radioactive material in that area. The clinic at the contractor’s campsite had
recoded incident of ophthalmological injuries by a carpenter which shows non

36
conformity to the use of PPEs specifically safety googles. She indicated that such
incidents can be avoided by not only providing PPEs but also enforcement of use.
The OSH abstract was not pinned because it was worn out due to rain thus they need
to expedite the acquisition of the OSH abstract and also ensure it pinned. The bulk
fuel storage area was well paved to contain any spillage, fire extinguishers and proper
signage were also in place but the station lacked a bucket of soil and a shovel to help
in fire mitigation practice thus ensure to enforce this measure. At the garage the
workers were requesting for provision of PPEs so use the risk assessment guidelines
in order to identify what PPEs are appropriate for their kind of work. At the waste
holding area there was lack of waste segregation because the hazardous waste was
mixed up with the general waste. At the bitumen holding area there was a lot of
bitumen spill and the floor was unpaved but the area was covered with some
aggregates. Thus, the bitumen spills need to be excavated disposed off appropriately
and ensure that the bitumen holding area is paved to prevent contamination of the
soil. There is also overgrown vegetation and litter at the contractor’s campsite thus
ensure proper housekeeping.
Under social aspect three suggestion boxes were noticed, posters on HIV/AIDS and
COVID 19 safety measures were in place. However, whistle blower policy was not in
place and thus the sociologist should look in to this matter in order for workers to be
able to freely express their grievances. There was also a bus for transporting workers
Which is also good.
At the asphalt mixing plant various dust suppression measures were noticed such as
wet crushing and sprinkling of water on the road which was impressive. However, it
was noticed that some workers were not wearing their face masks even though they
had them, so this goes back to enforcement of the use of PPEs. There were also
measures in place for the explosive and detonators area which was remarkable.
A vast majority of workers at the Makutano interchange bridge at Km 7 had
sufficient PPEs but some lacked safety shoe so the contractor should ensure
provision of safety shoes to workers. The safeguards team also noticed that a vast
majority of material site were well rehabilitated and have acquired the NEMA
compliance certificate. However there are a few which are a bit problematic such as
borrow pit at Km 32 RHS which was deeply excavated over 7m deep and pounded
and was next to a wetland which is a very sensitive ecosystem. In addition to this the
borrow pit is next to a homestead which increase the risk of an accident occurring
thus immediate rehabilitation of the borrow pit needs to be put in place.
The borrow pit at Km 32 +400 LHS is situated next to River Sagna and the top soil
excavated has pushed past the riparian reserve and next to the river bank. Thus,
ensure to push back the materials and leave a 60m riparian reserve from the river
bank.
At Km 29 +000 A RHS the land has been handed over to the owner and the site was
not well leveled thus the contractor to ensure that the area is well leveled. At Km 29
+000 B RHS, the site was exhausted but there was no rehabilitated done thus the

37
 contractor need to expedite rehabilitation of that borrow pit. The natural water pan at
Km 18 RHS should be desilted so that the community can continue to use the water
pan

According to the audit findings, the Resident Engineer made the following
suggestion on how to improve the sustainability of the project: -
 Ensure that all workers are provided with the necessary protective equipment
(PPE) in accordance with the risk exposure guidelines and to enforce the use
as well.
 Rehabilitation of the water pan will be done in due time when the weather
condition is suitable since distillation of the water pan at that moment has led
to vehicles getting stuck while excavating the silt.
 Housekeeping of the campsite will be done with due diligence
 Any other information on improvement notified on the ESMP report will be
noted and implemented.

Eng. Kwon appreciated the entire team from KeNHA and gave an assurance that he
will make sure all proposed recommendations are well accomplished

3.0 Closing Remarks

There being no other business, the meeting was adjourned at 5.45 pm .

This is to confirm that these were the discussed minutes.

Minutes Prepared by: Mercy Githaiga

Signature:
Date:

Minutes Confirmed by: Richard Mogesi

Signature:
Date:

38
Annex 5.2 Sample evidence of status of compliance for the road project
Annex 5.2.1 NEMA license for the Road Project

39
40
Annex 5.2.2 Attendance list for the Entry Meeting

Annex 5.2.3 Attendance list for the Exit Meeting

41
Annex 5.4 Sample Material Sites

42
No. Location Current status/ concerns Plates Action
1 Borrow pit at Km 28 +150  License not acquired  Expedite the
LHS  Active acquisition of NEMA
 Unsecured licenses
 Decommissioning and  Fence off the site to
rehabilitation plan was avoid unauthorized
yet to be developed access
 Develop
Decommissioning and
rehabilitation plan and
thereafter submit it
NEMA for
concurrence

2 Borrow pit at Km 47 +200  License acquired  Drain the stagnant

RHS  Partially rehabilitated waters at the site
 Light ponds observed  Fence off the site to
following the high avoid unauthorized
rainfall experienced in access
the area  Backfill and level the
 Unsecured site to satisfactory
condition

2 Borrow pit at Km 42 +800  The excavation was  Fence off the site to
RHS stopped due to land avoid unauthorized
ownership wrangles. access
 Restoration plan has  Undertake water test
been developed and to ascertain the
submitted to NEMA. ongoing borrowing
 Situated next to River activities do not
Rwamuthambi contaminate the
 Unsecured waters from the
 Steep edges nearby Rivers
Rwamuthambi

43
  Gentle the sharp cliffs

4 Borrow pit at Km 42 +500 A  Rehabilitation was  Fence off the site to

RHS done and handed over avoid unauthorized
to owner but is access
currently used as a  Drain the stagnant
quarry site waters at the site
 Restoration plan has  Gentle the sharp cliffs
been developed and
submitted to NEMA
 Unsecure
 Steep cliff edges
 Deep ponds observed
following the high
rainfall experienced in
the area

5 Borrow pit at Km 42 +500 B  Fully rehabilitated  Expediate the

RHS  NEMA clearance letter acquisition of NEMA
not acquired clearance certificate
 Land handed over to
the owner

44
6 Borrow pit at Km 42 +300 B  Active  Gentle the sharp cliffs
RHS  Unsecure  Fence the borrow pit
 Steep cliff edges area

7 Borrow pit at Km 42 + 300 A  Fully rehabilitated Secure the Land

RHS  NEMA compliance handover agreement
certificate acquired
 Secured

8 Borrow pit at Km 41 +060  License not acquired  Undertake water test

LHS  River Rukanga is to ascertain the
located downstream ongoing borrowing
 Active activities do not
contaminate the
waters from the
nearby Rivers
Rukanga down stream

45
9 Borrow pit at Km 41 +200
LHS
 Partially rehabilitated 
 Land acquisition case
within the owner is
ongoing
 Exhausted
 Heap of silt on site is
not flattened

10 Borrow pit at Km 39 +640  Fully rehabilitated  Secure the Land

LHS  Fenced handover agreement
 Gully blocking
measures were in place
to avoid soil erosion
 Tree planting was also
done along the gully
blocks
 Situated along River
Sagana River
 Maize growing was
also noticed in the land
area.

46
11 Borrow pit at Km 36 +200 (B)  Partially rehabilitated  Ensure full
RHS  Unsecured rehabilitation of the
 Part of the borrow pit borrow pit area
area was already in use
for maize growing

12 Borrow pit at Km 36 +200 (A)  Fully rehabilitated  Secure the Land

LHS  Land handed over to handover agreement
land owner
 Presence of grown
vegetation was noted
 Land handed over to
the owner

47
13 Borrow pit at Km 32 +800  Fully rehabilitated  Secure the Land
RHS  Situated near a handover agreement
tributary river for
River Mlango
 Land handed over to
the owenr

14 Borrow pit at Km 32 +900  Deep excavation  Gentle the sharp cliffs

RHS  Inactive  Fence the borrow pit
 Unrehabilitated area
 Situated on a wet land  Ensure to drain off the
 Pounded water in the pound
 Situated next to  Soil backfilling need
homestead and owner to be done to create a
has raised complaint gently sloping terrain
on cracking of his
house

48
15 Borrow pit at Km 32 +400  Active  Ensure to push back
LHS  The excavated stock the excavated top soil
pile is pushed past the at the river bank
riparian reserve and leaving behind a 60 m
moved very close to riparian reserve from
River Sagana that may the river bank.
result to extensive
siltation of the river
 Flora along the fiver
back have also being
filled with the
excavated top soil

16 Quarry site and borrow pit at  Active 

Km29 +700  Owned by Atlatis
Coperate Limited and
is used by the
contructor to excavate
borrow pit material.

49
17 Borrow pit at Km 29 +000 A  Partially rehabilitated  Soil backfilling need
RHS  Steep cliff edge at the to be done to create a
homestead area and gently sloping terrain
uneven land surface
 Land hand over was
done

18 Borrow pit at Km 29 +000 B  Unrehabilitated  Gentle the sharp cliffs

50
 RHS  Exhausted  Fence the borrow pit
 Unsecure area
 Steep cliff  The contractor to
 There was a complaint expedite payment of
regarding nonpayment the land owner as per
of the lease amount as the land lease
agreed agreement.

19 Borrow pit at Km 27 +000 A  Fully rehabilitated  Secure the Land

RHS  NEMA clearance handover agreement
certificate not acquired
 Land hand over to
owner was done

51
20 Borrow pit at Km 27 +000 B  Fully rehabilitated Secure the Land handover
RHS  There was a grivace agreement
raised by the land
owner that the land
once traversed by a
public road, now bore
the marks of erasure,
leaving behind a
puzzling landscape
where the path’s
previous existence was
no longer clear.

52
21 Borrow pit at Km 22 +300  Fully rehabilitated  Secure the Land
RHS  Unsecure handover agreement
 Steep edges
 Land handed over to
the owner

22 Natural water pan at Km 18  Construction of culvert  Distillation of the

near the natural water water pan to be
pun lead increased carried out by the
siltation thus contractor
increasing shallowing
and disrupt ecosystem
dynamics
 The area belongs to the
county government

53
23 Borrow pit at Km 17 +200  Fully rehabilitated  Secure the Land
RHS  Acquired NEMA handover agreement
compliance letter

24 Borrow pit at Km 16 +600  Exhausted  Ensure to create a

RHS  Partially rehabilitated proper level and space
 Complaint of the for the walking path
neighboring land during rehabilitation.
owner was raised over
a small path left after
exhaustion of materials

54
25 Borrow pit at Km 16 +000  Satisfactorily  Secure the Land
LHS rehabilitated handover agreement
 NEMA compliance
certificate acquired
 Land handed over to
the owner

26 Borrow pit at Km 9 +000 RHS  Satisfactorily  Secure the Land

rehabilitated handover agreement
 NEMA compliance
certificate acquired
 Land handed over to
the owner

55
27 Borrow pit at Km 9 +600 C  Satisfactorily  Secure the Land
RHS rehabilitated handover agreement
 NEMA compliance
certificate acquired
 Land handed over to
the owner
 Secured

28 Borrow pit at Km 9 +600 B  Situated next to a Dam  Secure the Land

RHS  Satisfactorily handover agreement
rehabilitated
 NEMA compliance
certificate acquired
 Land handed over to
the owner

56
29 Borrow pit at Km 9 +600 A  Satisfactorily  Secure the Land
RHS rehabilitated handover agreement
 NEMA compliance
certificate acquired
 Land handed over to
the owner

30 Borrow pit at Km 9 +600 D  Satisfactorily  Secure the Land

RHS rehabilitated handover agreement
 NEMA compliance
certificate acquired
 Land handed over to
the owner


31  
32  
33  
34  
35  
QUARRY SITE

57
1 Mirira Quarry andc  License acquired; 
rusher site  Land lease agreement
acquired
 Commercial site
 Dust suppression
measures were in place
such as use of wet
crushing and sprinkling
of water to suppress
the dust.

 
 
 
 
 
 

58
59
Annex 5.4 Sample Site Plates captured during the inspection

Plate 1-1: HIV/AIDs IEC materials and a full condom dispenser provided within contractor’s premises

Plate 1-2: IEC materials regarding Covid-19 Pandemic management at REs campsite.

54
Plate1-3: General overview of REs premises

Plate 1-4:Trash bins devoid of signages at the REs campsite

Plate 1-5: Firefighting equipment deployed at different points within contractor’s campsite

55
Plate 1- 6: Proper housekeeping, adequate lighting and well-ventilated laboratory at REs Campsite.

Plate 1-7: General code of conduct posted in the laboratory section at the REs campsite

Plate 1- 8: Waste bitumen dumped on bare ground increasing the risk of soil contamination at the REs
campsite

56
Plate 1-9: Poor electrical safety were an electrical socket is mounted to the pole with a rope and devoid of
electrical signage

Plate 1- 10: Nuclear gauge devoid of a warning signage

Plate 1-11: Clearly marked gender sensitive washrooms and hand washing point at REs campsite

57
Plate 1-12: Paved and well bunded fuel storage area within contractor’s campsite but devoid of signages at
the fuel pump area.

Plate 1- 13: Clear warning signage for the generator at the contractor’s campsite

58
Plate 1- 14:General overview of contractor’s garage area

Plate 1-15: Lack of proper housekeeping at the garage area within contractor’s campsite

Plate 1- 16: Prompt cleanup of the service pit should be done for the oil and grease spills

59
Plate 1- 17:Oil and grease spill at the air compressor pressure gauge.

Plate 1- 18: Workers at the garage site with insufficient PPEs such as safety shoes

Plate 1- 19: Poor waste management practices as evidenced by unplanned waste holding point at the
contractor’s campsite

60
Plate 1-20: Overgrown vegetation and litter at the contractor’s camp site

Plate 1-21: An empty condom dispenser at the contractor’s campsite

Plate 1-22: Bitumen spills at the Contractor’s campsite

61
Plate 1-23: Materials adequately covered up to avoid air pollution by wind

Plate 1-24: Poor housekeeping at the contractor’s campsite

Plate 1-25: A proper signage of an emergency assembly point

62
Plate 1-26: Fire action plan posted in various sections of the contractor’s campsite

Plate 1-27: : HIV/AIDs IEC material at the contractor’s campsite

Plate 1-28: Poor waste management practices at the contractor’s campsite.

63
Plate 1--29: No cautionary signage at the circuit panel

Plate 1-30: Suggestion box within Contractor’s campsite

Plate 1-31: Dust suppression mechanism in place at Mirira campsite

Plate 1- 32: Worker at the batching plant with insufficient PPEs such as helmet and reflector.

64
Plate 1- 33: Secured detonator and explosive storage area devoid of warning signage and labels.

Plate 1-34: overview of the batching plant area at Mirira quarry site.

Plate 1- 35: No signage on the water pan at the Mirira quarry site

65
Plate 1- 36: No signage for the generator in the quarry site

Plate 1- 37: A wet crusher in the Mirira quarry helping to suppress and control dust during the crushing
process

Plate 1-38: A water pump installed in place to drain out water in the water ponds in the quarry site

66
Plate 1- 39: Proper fencing at Mirira Quarry site

Plate 1-40: Workers laying AC on the Road devoid of safety shoes, hand gloves, helmet and respirators

Plate 1-41: Sagana Bridge at a Km 27 were one case of fatality was recorded

67
Plate 1-42: A flag marshal directing traffic to ensure smooth flow and prevent accident in the construction
zone

Plate 1-43: workers at Makutano interchange with insufficient PPEs such as safety shoes and helmets

Plate 1-44: Warning and safety signages at the Sagana Trauma Center entrance

68
Plate 1-45: workers at Sagana Trauma Center construction site with insufficient PPEs such as hand gloves,
safety goggles and safety shoes

Plate 1-46: Concreate barriers and signages placed at different active sections of the road to enhance road
safety

69
Plate 1-47: Grievance redress mechanism process flow chat

Plate 1-48: Opening and closing meeting at REs boardroom

70