SEPTEMBER 2021

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MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES AND COOPERATIVES

STATE DEPARTMENT FOR CROP DEVELOPMENT AND AGRICULTURAL RESEARCH

PROGRAM TO BUILD RESILIENCE FOR FOOD AND NUTRITION SECURITY IN THE HORN OF AFRICA-KENYA

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SEPTEMBER 2021

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GENERAL INFORMATION

Project PROGRAM TO BUILD RESILIENCE FOR FOOD AND NUTRITION

SECURITY IN THE HORN OF AFRICA-KENYA (DRSLP II)

Project Environmental and Social Impact Assessment Executive Summary for The Proposed Bori Flood Based Irrigation Scheme in Butiye Ward, Moyale Sub- County in Marsabit County

Title of the document Environmental and Social Impact Assessment Executive Summary for the Proposed Bori Flood Based Irrigation Scheme

Nature of the Project Small-scale Irrigation Project Target County Marsabit County

Project Location Bori, Butiye Ward, Moyale Sub-County

Date September 2021

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CERTIFICATION

Project Title: Environmental and Social Impact Assessment Executive Summary for Bori Flood Based Irrigation Scheme in Butiye Ward, Moyale Sub-County; Marsabit County.

Declaration by the Consultant

I hereby certify that the information contained herein are true to the best of my knowledge and belief.

Signature of the EIA Registered Expert

NEMA Registration No (Lead Environmental Expert): 6994

Boaz Bett

Nema Reg. No. 6994 P. O. Box 20171-00200 Nairobi, Kenya

Tel: +254 721514803

Declaration by Proponent

I hereby certify that the information contained herein is true to the best of my knowledge and belief.

Signature of Proponent Janet Achieng Oyuke Project Coordinator

Drought Resilience and Sustainable Livelihood Project (DRSLP II) State Department for Crop Development and Agricultural Research.

Nairobi, Kenya

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LIST OF TABLES

Table 3-1 Policies, Plans and Strategies ... 12

Table 3-2 Laws and Regulations relevant to the proposed project ... 15

Table 3-3 Analysis of applicable Africa Development Bank safeguard Standards ... 21

Table 3-4 Key National Institutions in relation to proposed project ... 23

Table 4-1: Impact Scoping Matrix ... 26

Table 5-1 Summary of Public Consultative Meeting ... 34

Table 6-1: The ESMP Matrix ... 37

Table 6-2: Environmental and Social Monitoring Matrix ... 45

Table 6-3: Estimated Overall budget for ESMP ... 51

LIST OF FIGURES

Figure 2-1: Guinea Fowls visible at the project Site... 9

Figure 2-2: Main Crops ... 10

Figure 2-3: Main Cash Crops in Marsabit County... 10

Figure 6-1: Institutional Arrangements ... 48

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ACRONYMS AND ABREVIATIONS

CBO Community Based Organization

CIDP County Integrated Development Plan

CMS Convention on Migratory Species

CPCU County Project Coordination Unit

CSR Corporate Social Responsibility

DRLSP II Drought Resilience and Sustainable Livelihoods

Programme Phase II

EAs Environmental Assessments

EMCA Environmental Management and Coordination Act,

1999 Revised, 2015

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan

FGD Focused Group Discussion

GDP Gross Domestic Product

GHG Greenhouse Gases

IFC International Finance Corporation

KCSAP Kenya Climate Smart Agriculture Project

Km Kilometers

Km² Square Kilometers

m Meters

M Million

m³ Cubic Meter

MEA Multilateral Environmental Agreements

mm Millimeter

MOALF Ministry of Agriculture, Livestock and Fisheries

NEAP National Environmental Action Plan

NEMA National Environment Management Authority

PEPB Pest Control Products Board

PPE Personal Protective Equipment

RCC Reinforced Cement Concrete

SESA Strategic Environmental and Social Assessment

SHG Self-Help Group

UG Underground

UNFCCC United Nations Framework Convention on Climate

Change

WRA Water Resources Authority

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1 PROJECT OVERVIEW

Preface

Government of Kenya (GoK) through the Ministry of Agriculture, Livestock, Fisheries and Cooperatives (MOAL&C) sought financing from the African Development Bank for the Program to build resilience for food and nutrition security in the horn of Africa-Kenya (DRSLP II). The project will assist MOALF&C to prevent and respond to the threat to community livelihoods posed by the Drought and vagaries of weather and strengthen Kenya’s system for preparedness. Poor farmers and pastoralists are particularly vulnerable to livelihood loss and income shocks from drought as they are the least able to save their income and smooth consumption in times of crisis; hence the need for targeted mechanisms in sustainable livelihoods as spelt out in the project documents. The proposed Bori Flood Based Irrigation project includes carrying out the Environmental and Social Impact Assessment (ESIA). This report presents the ESIA Executive Summary (ES)

Project Background

Recurrent droughts and unpredictable rainfall patterns are characteristic of arid and semi-arid lands (ASALs), which receive less than 600 mm of annual rainfall and comprise more than 70%

of the Horn of Africa region, where the eight IGAD member countries (Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan and Uganda) are located. As a result of the negative impact of drought on the lives and livelihoods of several million people and the resulting suffering and loss of human and animal life. The program aims to contribute to poverty reduction, food security and accelerated sustainable economic growth in the Horn of Africa through improved rural incomes. Specifically, it aims to improve the drought resilience of arid and semi-arid land communities. Project interventions cover water supply for people, livestock, irrigation and sanitation as well as the effective management of head-waters and basic water sources; improvement of plant and animal production, marketing and disease management. The new and upcoming second phase of the DRSLP titled; Program for Building Resilience for Food and Nutrition Security in the Horn of Africa, follows the decision of the African Development Bank at the February 2019 roundtable on financing the Climate Investment Plan for the Sahel region.

The Project is expected to benefit all the farmers and pastoralist in the impacted and selected counties in Kenya. The areas under intervention are situated in the seven counties of arid and semi-arid area of Kenya namely, Baringo, Marsabit, Samburu, Turkana, West Pokot, Isiolo and Garissa. The target study area for this study is Bori, Butiye ward in Moyale sub-county, Marsabit County.

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Overall Goal

The proposed project has the overall objective of ensuring sustainable food security and nutrition to community of Bori and the Marsabit county at large. In this areas rainfall unreliability has been a major challenge whereas drought and food insecurity are prevalent. One of the challenges facing the locals in food production is scarcity of water. Water is the key element in economic, social and cultural development of any society. The general project area is faced with challenges of food production and increasing population that needs to be fed. One possible solution to this problem is to increase water availability for use in the proposed flood- based irrigation. To improve the welfare or livelihood implies that land resources must be developed and utilized for viable agricultural production through irrigation. Proper irrigation farming in addition to water management is necessary for full exploitation of the area’s agricultural potential. The irrigation potential for the area is great but only a few areas have been used under subsistence dry land farming. The project will bring optimal utilization of local irrigation potential, attainment of food self-sufficiency through sustainable production and security, improvement of income generation, employment and wealth creation. This will be in line with country’s vision 2030 and the Big four agenda. Food security in Marsabit County is not assured because of the over-reliance on rain fed agriculture. The rain -fed agriculture practiced in the hinterland gives low and unreliable performance due to unfavourable climatic conditions in the area. The rains regime in the area is unreliable and poorly distributed to sustain a meaningful crop production system.

In the past, nomadic pastoralism has been the main economic mainstay in the area and the local population has been relying on it entirely for food production and income generation. However pastoral production is characterized with declining production attributed to a host of many factors, key among them being a weak early warning systems and poor disaster preparedness.

Irrigation farming has been identified as major boost to communities in terms of food production and income supplementation. This is the most appropriate intervention towards improving household nutritional status, alleviations of poverty (through improved community managed disaster preparedness) and cushioning pastoralists against the impact of drought by building their resilience. To guarantee food security, proper management of water resources is absolutely necessary. This encompasses taking all deliberate human action designed to optimize the available resources and utilization of water for agricultural purpose. This includes practices such as rain water harvesting through water pan excavation and flood based irrigation. This project is aimed at making flood water available for agricultural production along the Bori dry- river bed that receives high volumes of flood water from Ethiopian highlands and thus building resilience in food security and nutrition.

General Project Objectives/Components

The program aims to contribute to poverty reduction, food security and accelerated sustainable economic growth in the Horn of Africa through improved rural incomes.

Specifically, it aims to improve the drought resilience of arid and semi-arid land communities through the following four key components:

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Component 1: Strengthening the resilience of drought prone areas and Pastoral and Agro-Sylvo-Pastoral Production systems to Climate Change:The component comprise:

• Support for Sustainable Management of Agro-pastoral land

• Development of Climate Resilient Infrastructure

• Promotion of Climate-smart innovations and technologies

Component 2: Supporting Agribusiness Development through the following:

• Access to advisory services, financing and markets;

• Supporting Development of Entrepreneurship

• Promoting Domestic Bio-digesters and Solar Energy

Component 3: Strengthening Adaptive capacity to Climate Change by means of:

• Development of Climate Services

• Building capacity of main stakeholders in the agro-pastoral sectors in the drought prone areas for mainstreaming and monitoring Climate Change

• Strengthening the Operational Capacity for resilience Component 4: Program Coordination and Management

The proposed Bori Flood Based Irrigation project falls within Component 1 under strengthening the resilience of drought prone areas particularly development of Climate Resilient agricultural Infrastructure which includes rehabilitation/construction of small irrigation schemes.

Main Project Activities

The proposed projects’ activities can generally be divided into four stages, namely:

preconstruction/project design; construction; operation; and eventual decommissioning of the Irrigation scheme as described below.

1.5.1 Pre-construction/Project Design

As part of the pre-construction stage, DRSLP II has commissioned environmental consultant to conduct an ESIA having identified the need for an irrigation project in Butiye ward, Moyale Sub-County in Marsabit County. A preliminary design has been developed and will be taken forward for detailed design and implementation. This executive summary to the ESIA report forms part of the conceptual design.

Currently, DRSLP II is in the process of applying for various permits and licenses including application of water abstraction permit from WRA. The procurement of the various goods and services and contracting of the construction firm and other consultants is anticipated to begin after the completion of the ESIA process and development of the detailed design for the project site.

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1.5.2 Construction

The construction of the Irrigation project may require the creation of some temporary access roads to the construction sites. The construction of project will also require localised vegetation clearance at farm preparation level and for laying the pipeline. Materials arising from the excavation of pipeline trenches and ponds (soil, rock etc.) would either be spread in appropriate areas surrounding the line or disposed off appropriately after considering the necessary permits.

The construction of the Irrigation project will require the creation of permanent access roads connecting to the local / national road network. The sites will first need to be cleared of vegetation and excavated to create ponds. Civil works would then start including creation of onsite roads, drainage, digging of foundations, pouring of concrete and creation of areas of hard standing. Site buildings for housing instrumentation, storage and staff residence would then be constructed. The Irrigation project will also be fitted with the necessary machinery for pressurized water distribution and allow the necessary tests.

1.5.3 Operation and maintenance

Once constructed, the Conveyance System will require minimal maintenance. Annual visual inspection of the line is expected. After a period that will be established in the operation and maintenance manual, the entire system would need a detailed survey and overhaul. There may be a requirement for occasional visits to remove tree or branches where they start to grow too close conveyance corridor and affect maintenance activities. Access rights may need to be retained to allow for maintenance works in the future.

The intake works will require periodic maintenance of the intake chamber and of the site infrastructure (screens, gates, roadways etc) resulting in the generation of minimal waste.

1.5.4 Decommissioning

The transmission system and distribution system are planned to serve the irrigation water requirements, local human and animal population. Even after the design period, the project could be expanded to increase its operational life. As such, the precise year of decommissioning may not be precisely defined at this stage. As such, decommissioning could be triggered by a range of factors which will be determined through a study at the appropriate time. Nonetheless, decommissioning works would include dismantling the irrigation system and farm restoration.

The process of decommissioning would ensure that it restores the affected environment to conditions acceptable to NEMA. Environmental and Social impacts associated with the decommissioning process would be minimised through the implementation of an environmental and social management plan (ESMP) that that has been highlighted in this executive summary.

The ESMP was prepared in the projects ESIA report.

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2 PROJECT DESCRIPTION

Project Location

The proposed Bori flood-based irrigation project is located in Butiye ward of Moyale Sub- County in Marsabit County approximately 10 kilometres off Bori junction along Marsabit- Moyale A2 road. Marsabit County is located in Northern Kenya, whose vast area lie in extreme dry climatic conditions and covers a total area of 70,961.2 Km2. It’s bordered by Ethiopia to the North, marking Kenya’s territorial boundary, Wajir County to the East, Isiolo County to the South East, Samburu County to the South and Turkana County to the West. The County lies between latitudes 02ô 45ô and 04ô 27ô North and longitude 37ô 57ô and 39ô 21ô East. Moyale Sub- County covers an area of 9,390.3 km². It borders the Republic of Ethiopia to the North, Chalbi District to the South West and Wajir North District to the Southeast. It lies between latitude 02⁰11^’ North and 02⁰4^’ North and longitude 38⁰16^’ East and 39⁰21^’ East. The area is also inhabited by Borana community whose main economic activity is livestock production.

The area is dominated by acacia-comephorid woodlands and riverine vegetation. it receives seasonal floods from Ethiopian highlands thus suitable for flood-based irrigation

The total Irrigation land acreage anticipated to be under flood-based irrigation is 18.67acres at Bori location of Butiye ward in Moyale sub-county. The project site can be accessed through an earthen road approximately 8 kilometers off Marsabit-Moyale highway.

Project Layout Design

The siting, design concept and criteria was developed in accordance with the general guidelines and standards used in the design of similar projects in Kenya and are in line with international standards and for best practices. The design adopted best practices and experiences drawn from past. Flood based farming can be described as the use of often unpredictable and occasional destructive water from the impermanent/seasonal, semi-perennial and even perennial river through spate irrigation (direct diversion of flashy floods) or flood inundation and recession (rivers overflow their embankments and flood adjacent areas and through flood spreading weirs and flood harvesting dams for multiple use such as crop, rangeland and agro-forestry production, domestic and livestock water supply and recharge of ground water.

The proposed flood-based irrigation will help utilize the flood amount that comes from Ethiopian highlands as maximum as possible in order to sustain the livelihoods of inhabitants of the project area rather than its devastating and wasteful nature.

2.2.1 Bush clearing

There will minimal selective bush clearing to create access road and the site of the farms. The main type of vegetation in project site is Prosopis juliflora and other encroaching bushes.

2.2.2 Canal Alignment/Layout

The main canal of the system will be laid along the high edge of the irrigable area in order for the largest possible area to be commended for irrigation. In most cases, the canal will closely

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following the line of highest elevation in each unit so as to maximize the area served by each secondary canal. Tertiary canals, or field channels, will then be laid out from the secondary schools to deliver water throughout the unit.

2.2.3 Bed slope

On flat sloping, non-undulating lands, canals will generally have the same slope as the terrain.

In steeply sloping lands, canals will be given a slope which is less than the terrain to avoid high flow velocities. In such cases, drop structures will have to be installed to connect the canal sections. When a canal crosses a depression or a gully, it cannot follow the terrain and should be constructed in fill, and if a ridge in the terrain has to be crossed the canal will have to be constructed in cut.

2.2.4 Canal Embankments

Canals in fill are constructed above ground level by building embankments with soil brought from other locations or scraped from the adjacent field. For small canals, sometimes only one large embankment will be constructed, then the canal cross-section is excavated in the middle.

Before an embankment is to be constructed, its elevation and its width have to be calculated.

The elevation of the top of the embankment (ETE) can be calculated as follows:

• For a canal with a bed elevation higher than the field ETE = h + bed elevation

• For a canal with a bed which is lower than the field ETE = h - bed elevation

ETE is the Elevation of the Top of the Embankment in metres; h is the Height of the canal cross-section (relative to bed elevation) in metres; and Bed elevation is the elevation of the canal bed in relation to the adjacent field, in metres.

2.2.5 Steps in construction of an embankments

The following steps can be used as guidance for the construction of an embankment.

Based on the canal layout, locate the alignment of the canal and plough a strip in the terrain where the embankment is planned. A strip in the field is ploughed to clear all vegetation and roots. The material removed can be used to dress the sides and top of the completed embankment before planting grass. The width of the strip should be larger than the total width of the future canal embankment.

Hammer pegs in the soil every 50 m in a line to mark the centre line of the embankment and its final level.

Every 10 m, mark the outer line of the body of the embankment to be constructed. The top level of the embankment has been marked in Step 2. The outside slope of the embankment must be stable and depends on the material which is used. As a rule of thumb, a slope of 1:2 (1 vertical to 2 horizontals) may be taken.

Construct the embankment. The embankment is constructed by adding soil in 5 cm thick layers, with each layer compacted moist.

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Baseline physical environmental conditions 2.3.1 Topography, Geology and Soils

Marsabit County generally lies in four main ecological zones: The Ecological Zone II (Forest Zone, Sub-Humid) is characterized by high rainfall amounts of up to 1000mm per annum, low evapo- transpiration and high suitability for agricultural activities. The soils are suitable for agricultural production. The zone includes parts of Mt. Marsabit above 1500m and Mt. Kulal above 1700m which supports dense evergreen forests. It’s an important water catchment area covering an area of just about one percent of the county. The Ecological Zone IV (Woodland, Semi-Arid) is semi-arid with medium potential. The zone has become an area of sedentarized agro-pastoral activities. It constitutes the lower slopes of Mt Marsabit, the middle slopes of Mt Kulal and the top of Huri hills. Also included are areas of Sololo and Moyale. The Ecological Zone V (Bushland – Arid) includes the lower slopes of volcanic and basement piles lying between 700 and 1000m.

The soils are shallow and stony with rock outcrops as well as clay loams. The flatter areas are covered by grass. The zone consists of the plains of Dida Galgallo, Bure Dera, Milgis and parts of the slope of Mt Marsabit and Huri hills. These areas are characterized by steeper slopes which may favour greater surface runoff and hence may experience greater sheet wash erosion. The Ecological Zone VI (Dwarf Scrubland, Very Arid) is the most extensive zone in the county.

The typical vegetation is dwarf-shrub grassland or a very dry form of bushed grassland. In the very dry areas it may be properly termed as "bushed stoneland". It includes all the hills and plains below 700m. Grazing season in these areas is extremely short, lasting not more than two months after the rains. When the rain fails, the only vegetation available in this area is dwarf- shrub which supports goats and camel but not cattle. There are varied geological soil forms, texture and moisture holding capacity, salinity and fertility. This variation in soils means that saline soils are barren while others support vegetation ranging from grass and bush land to evergreen tropical mountain forests.

The soils in Moyale Sub- County can be divided into two major categories. These are the black cotton soils and the rocky stony lava soils. The Sololo-Moyale escarpments mainly consist of black cotton soils which are rich in organic and inorganic materials and have alluvial accumulations which are ideal for crops like maize, millet, fruits and vegetables. The rest of the district consists of rocky and stony lava plains which cannot support agricultural production.

These areas have scattered shrubs and bushes which are suitable for livestock especially sheep, goats and camels

2.3.2 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.

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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.

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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.

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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

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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.

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3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

Introduction

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.

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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.

Sessional Paper No. 10 of 2014 on the National Environment Policy

▪ The policy seeks to provide the framework for an integrated approach to 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.

Sessional Paper No. 1 of 2017 on National Land Policy

▪ The overall goal of the national land use policy is to provide legal, 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;

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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

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.

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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 Management and

Coordination Act (EMCA, 1999

(Amended 2015) and relevant amendments

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, various regulations have also been gazetted which the proponent is expected to abide as discussed below;

The

Environmental Impact

(Assessment and Auditing) Regulations, 2003 and subsequent amendments

▪ 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

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Laws and Regulations

Key areas of application / Permit / license Requirements

Coordination (Water Quality) Regulations, 2006

▪ 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.

Coordination (Waste Management) Regulations, 2006

▪ These Regulations are meant to streamline the handling, transportation and 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

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Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009

▪ 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;

➢ Proximity to residential area;

➢ Whether the noise is recurrent, intermittent or constant;

➢ The level and intensity of the noise;

➢ Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and,

➢ Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise.

▪ These regulations also relate noise to its vibration effects and seek to ensure that the level of noise causes no harmful vibrations.

Noise is expected during construction and operational phase albeit minimal, therefore, contractor and the proponent is required to implement the provisions of the ESMMP, to ensure noise reduction.

Coordination (Air Quality) Regulations, 2014

▪ The objective this regulation is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air.

▪ It provides for the establishment of emission standards for various sources, including as mobile sources (e.g., motor vehicles).

▪ Emission limits for various areas and facilities have been set.

▪ The regulations provide the procedure for designating controlled areas, and the objectives of air quality management plans for these areas.

Although impacts on air pollution is listed minor, the Proponent shall observe policy and regulatory requirements and implement the mitigation measures proposed in this document to comply with the provisions of these Regulations on abatement of air pollution.

Irrigation Act 2019

▪ The Act provides that each county government shall, for purposes of ensuring uniformity and national standards in the irrigation sub-sector, through its legislative and administrative action, implement and act in accordance with the national policy guidelines issued by the Cabinet Secretary and approved by both Houses of Parliament.

▪ (3) The county irrigation development units established under subsection (1) shall have the following functions among others:

o identify community-based smallholder schemes for

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o mainstream irrigation related statutory obligations such as those that relate to the environment, water and health;

o provide capacity building for farmers and support establishment of viable farmer organizations, and in particular irrigation water users associations to develop and manage irrigation schemes including actively participating in conflicts resolution within irrigation scheme

The DRSLP II through the County government will support capacity building for Bori Flood Based Irrigation farmers and support establishment of viable farmer organizations, and in particular irrigation water users associations to develop and manage Bori Flood Based irrigation scheme.

Occupational Safety and Health Act, No. 15 of 2007;

▪ The Occupational Safety and Health Act 2007 applies to all workplaces where any person is at work, whether temporarily or permanently.

▪ The purpose of the act is to secure the safety, health and welfare of persons at work and protect persons other than persons at work against risks to safety and health arising out of, or regarding, the activities of persons at work.

▪ Section (3) Every occupier shall carry out appropriate risk assessments in relation to the safety and health of persons employed and, on the basis of these results, adopt preventive and protective measures

▪ Section 9. (1) Every occupier shall establish a safety and health committee at the workplace in accordance with OSH Committee regulations.

▪ Section 16 provides that no person shall engage in any improper activity or behaviour at the workplace, which might create or constitute a hazard to that person or any other person.

▪ Section 44. (1) requires before a person occupies or uses any premises as a workplace, he shall apply for the registration of the premises by sending to the Director a written notice containing the particulars set out in the Fourth Schedule

It is thus recommended that all Sections of the Act related to this project, such as provision of protective clothing, clean water, and insurance cover are observed to protect all workers from work related injuries or other health hazards.

Physical and Land Use Planning Act, 2019;

▪ The Physical and Land Use Planning Act, 2019 provides for the preparation and implementation of physical development plans.

▪ The third schedule section 4 of the act specifically highlights that planning authorities shall require applications for major developments to be subjected to environmental and social impact assessment.

The proponent should obtain all the relevant approvals for the sub-project development from respective authorities at county and national level

Public Health ▪ The Public Health Act (Chapter 242) is an Act of Parliament that provides for

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▪ The Act contains directives that are focused on ensuring protection of human health. There are provisions within the Act that deal with water, air and noise quality as they pertain to human health.

▪ An environmental nuisance includes the emission from premises of waste waters, gases and smoke which could be regarded as injurious to health.

The construction of the proposed irrigation has potential pollution risks related to water siltation near Suam River. The proponent will need to ensure that water pollution is controlled and does not affect the public. In the light of COVID-19 pandemic, the proponent and contractor will need to ensure COVID-19 preventive and mitigative measure are implemented.

Climate

Change Act, 2016;

▪ The Act provide for a regulatory framework for enhanced response to climate change; to provide for mechanism and measures to achieve low carbon climate development, and for connected purposes.

▪ The Act should be applied for the development, management, implementation and regulation of mechanisms to enhance climate change resilience and low carbon development for the sustainable development of Kenya.

▪ The Act should be applied in all sectors of the economy by the national and county governments to—

➢ Mainstream climate change responses into development planning, decision making and implementation;

➢ Build resilience and enhance adaptive capacity to the impacts of climate change;

➢ Mainstream the principle of sustainable development into the planning for and decision making on climate change response; and

➢ Integrate climate change into the exercise of power and functions of all levels of governance, and to enhance cooperative climate

The development and implementation of the Bori Flood Based Irrigation project at Butiye Ward will contribute towards the stated objectives of the climate change act and enhance the adaptation of the Butiye ward community to drought particularly through the access to reliable water source from Bori Flood Based Irrigation project activities. The project promotes climate smart agricultural projects thus in line with the provisions of the act.

Employment Act, No 11, 2007;

▪ The Employment Act, 2007 defines the fundamental rights of employees including the basic conditions of employment of workers. It also regulates employment of children.

▪ The contractor on site will have to employ casual labourers from Machakos County.

The basic conditions of employees should be observed to avoid unnecessary conflicts during the construction works. The Contractor should pay the entire

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CERTIFICATION

TABLE OF CONTENTS

LIST OF TABLES

LIST OF FIGURES

ACRONYMS AND ABREVIATIONS

1 PROJECT OVERVIEW

2 PROJECT DESCRIPTION

3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK