Climatic Conditions

The project area is generally hot with temperatures varying from 20⁰C to 36⁰C. The project area is fairly hot between September and March, while the months of June to July have the lowest temperatures averaging 24⁰C. Moyale and Sololo towns are the wettest points in the district, these areas receive much rains due to proximity to the Ethiopian Highlands.

reliance on relief food throughout the year. However, high potential areas like Moyale-Sololo escarpment receive about 700mm of rainfall. This is sufficient to support appropriate agricultural activities in the respective areas. On average rainfall is less than 50mm and is unreliable making Moyale sub-county one of the dry regions in Kenya.

The sub-county has inadequate water for domestic, livestock, crop and industrial use. The rainfall is inadequate and unreliable. The ground water resources are low and saline because of the basement rock systems. The degree of salinity ranges from low to high depending on the rock type. Where the rocks are deeply weathered, the ground water tends to be more saline.

This has greatly affected agricultural and livestock production since most farmers depends on the rains for production. The majority of the populations depend on surface and sub-surface dams for water, which often do not hold sufficient water due to high evaporation rates during the dry seasons

The project area has harsh climatic condition with low rainfall patterns, high temperatures and sporadic prolonged droughts only favorable for camel and goat rearing. The communities are mainly nomadic and sedentary pastoralists, keeping camels, cattle, goats and sheep both for milk and meat which are their main sources of livelihood.

Baseline biological environmental conditions

The proposed project area and Moyale Sub County at large is endowed with a variety of flora and fauna species. The area is dominated by Acacia-comiphora woodlands and riverine vegetation when the area receives seasonal floods from Ethiopian highlands thus suitable for flood-based irrigation. Wild birds such as ostriches, guinea fowls, smaller flamingos, humming birds and several others use the flood plain as their foraging grounds as it is an area of high productivity and more efficient nutrient cycles. Disadvantages associated with flood plain areas include emergency of diseases such as typhoid, malaria, cholera, amoebic dysentery and bilharzias. Besides, several people may be displaced by floods and turned into internal refugees.

Other environmental risks associated with flooding include damage to water and sanitation facilities, damage to health facilities leading to disruption of the delivery of quality health care services. Siltation of dams and pans along the project area during the flooding season show that siltation is an expensive problem than can be shown. Disruption of road communication during flooding events result in increased cost of living.

Figure 2-1: Guinea Fowls visible at the project Site .

Baseline socioeconomic environmental conditions 2.5.1 Markets and Urban Centres

Main traded goods in the urban centres and local markets are livestock, fruits, vegetables, maize, beans, wheat, teff and millets. Majority of maize and beans come from other counties whereas some fruits and vegetables come from Ethiopia through Moyale, which is the border town.

2.5.2 Cooperative Societies

Co-operatives societies in the county are not very vibrant. There are 55 registered co-operative societies out of which only 32 are active. Majority of these are involved in marketing livestock products.

2.5.3 Self- Help, Women and Youth Groups

There are 480 self-help groups, 310 women groups and 504 youth groups in the county. Out of these only 60 per cent of the youth groups are active, 40 per cent of the self-help groups are active and 55 per cent of women groups are active. Most of these groups are involved in social economic activities like Goat keeping, Bee keeping, Poultry rearing and small micro enterprises.

2.5.4 Non- Governmental Organizations

There are about 20 Non-Governmental Organizations (NGO’s) operating in the county who supplement the government in offering services to the community. These NGO’s have programs in water and sanitation, agriculture and food security, pastoral livelihoods program, health and nutrition, HIV/AIDS, conflict mitigation and peace building, advocacy and more importantly drought mitigation and emergency relief. There are also several Community Based Organizations (CBOs) and Faith Based Organizations (FBOs) operating in the county.

2.5.5 Crop, Livestock Fish Production 2.5.5.1 Main Crops Produced

Crop farming in the county does not thrive well because of erratic climatic conditions. There are however some regions around Mt. Marsabit and Moyale where crop farming does well during rainy season.

Figure 2-2: Main Crops

The population working in agriculture is estimated to be about 2 per cent. Main cash crops grown in the county include vegetables and fruits whereas food crops include maize, wheat, teff, beans and millet.

2.5.5.2 Acreage under Food crops and Cash crops

Only two per cent of the county population practice crop farming. The total area under food and cash crop production is 5,060 Ha. However the county has great potential of crop production with an area of 1,582,750 Ha being arable. Much of the area is underutilized due to erratic climatic condition. Agriculture Potential in the County: farmers tending maize and beans crops in around Marsabit town

Figure 2-3: Main Cash Crops in Marsabit County

2.5.5.3 Average Farm Sizes

The average farm size in the county is 0.8 Ha while farms with title deeds are approximately one per cent. The farms are concentrated on mountain regions of Saku and Moyale constituencies. The rest of the land is communally owned.

2.5.5.4 Main Livestock Bred

Livestock keeping is the main economic activity in the county. The main livestock bred include Cattle, which are approximately 424,603, Goats 1,143,480, Sheep 960,004, Camels 203,320, Donkeys 63,861, and Poultry 50,690. There are 2,691 beehives/apiaries in the entire county.

The main Livestock products are Milk, beef, mutton and camel meat.

2.5.6 Number of Ranches

There are no registered group or company ranches, however different communities have their own grazing areas. This contributes to resource-based conflicts especially in drought season where community competes for grazing fields.

2.5.7 Main Fishing Activities

Lake Turkana is the main source of fish in the county supporting 1,400 of fishermen and 400 fish farming families. The main species of fish caught are Tilapia, Labeo and Nile Perch. The county has 10 landing beaches but only four are gazetted. There are 2,000 fishing nets, 500 hooks, 10 motor boats and 20 canoes

Land Ownership

Land is a very important factor of production in the economy. It is mostly used for agriculture, livestock keeping, ranching, industrialization, mining, forestry, government reserve, housing and urban development. The absence of a county spatial planning framework in Marsabit county has led to the proliferation of informal settlements, congestion, environmental degradation, unplanned urban centres, pressure on agricultural land and land use conflicts. The proposed project however is communally owned and a full land consent has been approved for proposed implementation of flood-based irrigation at Bori location.

Project cost

The project is estimated to cost approximately 10,000,000(Ten Million shillings) depending on cost variation as demanded. The proposed flood-based irrigation will benefit approximately 500 Households in Bori located in Moyale sub-county with 47,850 people as per 2019 Kenya national housing and population census.

3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

This chapter highlights the Constitution of Kenya, relevant National Environmental Policies, National Strategic Plans, Legislations and pertinent regulations and Multilateral Environmental Agreements (MEAs), Africa Development Bank Environmental and Social Safeguards relevant to the proposed Irrigation project in Butiye Ward, Moyale Sub-County, Marsabit County.

The Constitution of Kenya, 2010

The Constitution is the supreme law of the land. It lays the foundation on which the wellbeing of Kenya is founded. The constitution’s provisions are specific to ensuring sustainable and productive management of land resources; transparent and cost-effective administration of land;

and sound conservation and protection of ecologically sensitive areas.

Article 21 (3) provides that all State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.

It is anticipated that establishment of the Bori Flood Based Irrigation project will be guided by the spirit of the Kenyan constitution considering environmental protection and conservation.

The proponent will strive to ensure that the rights of the marginalized and vulnerable groups are considered in the project. The proponent will take advance measures to make sure that the irrigation project contributes to a clean and healthy environment for the community in Butiye ward. Are required by the Constitution, the local community will be consulted on the project and the ESIA and their views taken into account.

Key Policies, Plans and Strategies

Some of the key policies, Plans and Strategies relevant to the Environmental Impact Assessment for the proposed project are discussed below (table 3-1)

Table 3-1 Policies, Plans and Strategies Policies, Plans

and Strategies

Key areas of application Kenya National

Youth Policy 2006

▪ This Policy aims at ensuring that the youth play their role alongside adults in the development of the Country. The National Youth Policy visualizes a society where youth have an equal opportunity as other citizens to realize their fullest potential

The Big Four Agenda

▪ The Big Four Agenda (GOK, 2017) launched in December 2017 elaborates the specific agenda and measures the Jubilee administration will focus on over the period 2018-2022.

▪ The areas of focus set out are -food security, affordable housing, manufacturing and universal healthcare.

Policies, Plans and Strategies

Key areas of application

The proposed project will result in crop production through Bori Flood Based Irrigation project that will be used to increase food production which will contribute to attainment of food security in the country.

Kenya Vision 2030

▪ The Vision 2030 aims at transforming Kenya into a globally competitive, newly industrialized, middle income and prosperous country. The growth objectives underpinning the Vision 2030 require a sustainable annual economic growth rate of more than 10% supported by industry, agriculture and services.

▪ In the blueprint’s vision and strategy, the country aims to add value to its products and services. The country envisions adding value to agricultural products through processing before they reach the market.

The proposed project is in line with the vision 2030 as it intends to improve the supply of water for irrigation and livestock use in Butiye Ward, through the design and construction of the irrigation project. This initiative is part of the process in achieving the goals of Vision 2030 for residents within these locations. The proponent endeavours to protect the environment in supporting the economic pillar of the vision. planning and sustainable management of natural resources in the country.

▪ Some key objectives relating to the project include:

➢ To conserve natural resources such that the resources meet the needs of the present without jeopardizing future generations in enjoying the same.

➢ To integrate environmental conservation and socio-economic aspects in the development process.

The proposed project will be climate smart to ensure the activities does not lead to degradation of environment. This will be achieved by ensuring the proposed project activities does not contribute to increased GHG emissions during its project cycle. administrative, institutional and technological framework for optimal utilization and productivity of land related resources in a sustainable and desirable manner at national, county and community levels.

▪ Amongst the key principles envisioned by the policy include;

➢ Land use planning, resource allocation and resource management for sustainable development to promote public good and general welfare;

➢ Environmental management and sustainable production in the utilization of land resources;

Policies, Plans and Strategies

Key areas of application

land use planning and resource management for sustainable development to promote public good and general welfare.

National Policy on Gender and Development (NPGD), 2019

▪ The Policy spells out a policy approach of gender mainstreaming and empowerment of women and clearly states that it is the right of women, men, girls and boys to participate in and benefit equally from the development process.

▪ The NPGD provides a framework for mainstreaming gender in all policies, planning and programming in Kenya and puts in place institutional mechanisms to ensure effective implementation.

The proposed irrigation project should hence ensure gender concerns are mainstreamed into the development to ensure that the needs and interests of each gender are addressed.

Agricultural Sector Development Strategy 2010-2020 is the overall national policy document that guides all agricultural stakeholders and ministries in Kenya.

It outlines the characteristics, challenges, opportunities, vision, mission, strategic thrusts and the various interventions that the ministries will undertake to propel the agricultural sector to the future.

The policy document advocates for improved management of the environment and natural resources, improved environmental conservation and improved pollution and waste management.

The proposed Bori Flood Based Irrigation project at Butiye Ward must ensure sustainable management of waste generated from agricultural produce during the construction and operation phases.

HIV/AIDS Policy of 2009

▪ The policy identifies HIV/AIDS as a global crisis that constitutes one of the most formidable challenges to development and social progress.

▪ The Pandemic heavily affects the Kenyan economy through loss of skilled and experienced manpower due to deaths, loss of man hours due to prolonged illnesses, absenteeism, reduced performance, increased stress, stigma, discrimination and loss of institutional memories, among others.

It is anticipated that there will be influx of workers, albeit on a smaller scale involved in the proposed project. HIV/AIDS has been considered as one of the proposed impacts for projects of such a scale, hence adequate mitigation measures will require to be proposed to that effect.

The National Climate Change Response Strategy (NCCRS), 2010

▪ NCCRS has the following key recommendations: adaptation and mitigation measures in key sectors; necessary policy, legislative and institutional adjustments; enhancing climate change awareness, education and communication in the country; capacity building requirements; enhancing research and development as well as technology development and transfer in areas that respond to climate change, among many others.

Policies, Plans and Strategies

Key areas of application

through efficient water use and protection of the project area from effects of erosion. Additionally, the Bori Flood Based Irrigation project beneficiaries will be encouraged to plant trees alongside the vegetables for instance Mango and Avocado trees.

Legal Framework/Laws and Key relevant Regulations

There are several legal provisions on environmental protection, which touch on and regulate the development of infrastructure like producer organization Bori Flood Based Irrigation project at Butiye Ward. A brief review of the various legislations relevant to the development is given hereunder (Table 3-2).

Table 3-2 Laws and Regulations relevant to the proposed project Laws and

Regulations

Key areas of application / Permit / license Requirements

Environmental

EMCA Cap 387 applies to all policies, plans and programs as specified in part IV, part V and the Second Schedule of the Act. A number of legislations are in place to ensure the provision of a healthy and clean environment but EMCA Cap 387 takes precedence. It is the principal law that governs the use, management and regulation of environmental resources in Kenya.

This project is listed under Medium Risk projects for which an Environmental and Social Impact Assessment Study report would be prepared, and accordingly, this ESIA executive summary will be prepared from the ESIA. An EIA License will need to be obtained prior to commencement of the project. Through EMCA,

▪ Environmental Impact Assessment under the EMCA Cap 387 Act is guided by the Environmental Impact Assessment (Assessment and Auditing) Regulations of the year 2003, which is given under legal notice no. 101 and (Amendment) Regulations, 2016 (L.N 149) & 2019 (L.N 32)

▪ The regulations stipulate the ways in which environment impact assessment and audits should be conducted. Under the second schedule, amended vide legal notice number 31 of 2019, the proposed project is categorized as a Medium risk project

This executive summary follows development of ESIA which has been prepared for submission pursuant to the Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2019. Additionally, the proponent will be required to undertake annual Environmental Audit (EA) of the project during operation

Laws and Regulations

Key areas of application / Permit / license Requirements

Environmental

▪ These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. The objective of the regulations is to protect human health and the environment. The effective enforcement of the water quality regulations will lead to a marked reduction of water-borne diseases and hence a reduction in the health budget.

▪ The regulations also provide guidelines and standards for the discharge of poisons, toxins, noxious, radioactive waste or other pollutants into the aquatic environment in line with the Third Schedule of the regulations. The regulations have standards for discharge of effluent into the sewer and aquatic environment.

▪ Part II section 6 (b) and (c) of the regulations on protection of Protection of Lakes, Rivers, Streams, Springs, Wells and other water sources states that No person shall

(b) abstract ground water or carry out any activity near any lakes, rivers, streams, springs and wells that is likely to have any adverse impact on the quantity and quality of the water, without an Environmental Impact Assessment license issued in accordance with the provisions of the Act; or

(c) Cultivate or undertake any development activity within a minimum of six meters and a maximum of thirty meters from the highest ever recorded flood level, on either side of a river or stream, and as may be determined by the Authority from time to time.

Everyone including the proposed project proponent is required to refrain from any actions, which directly or indirectly cause water pollution, whether or not the water resource was polluted before the enactment of the Environmental Management and Coordination Act (EMCA) Gazetted in Cap 387. The regulations also required no development to be done within the riparian zone a minimum of six meters and a maximum of thirty meters from the highest ever recorded flood level, on either side of a river or stream – In this case need for protection of unnamed stream within which the irrigation project will be confined.

Environmental disposal of various types of waste.

▪ The aim of the Waste Management Regulations is to protect human health and the environment. Currently, different types of waste are dumped haphazardly posing serious environmental and health concerns. The regulations place emphasis on waste minimization, cleaner production and segregation of waste at source.

The Proponent shall observe the guidelines as set out in the environmental management plan laid out in this report as well as the recommendation provided for mitigation /minimization /avoidance of adverse impacts arising from the

Environmental

▪ These Regulations determine that no person or activity shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. In determining whether noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered:

➢ Time of the day;

➢ Time of the day;