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

EXECUTIVE SUMMARY FOR THE PROPOSED ANONA FLOOD BASED IRRIGATION SCHEME IN MARSABIT

COUNTY

SEPTEMBER 2021

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G

ENERAL

I

NFORMATION

Programme 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 Anona Flood Based Irrigation Scheme in Sololo Ward, Moyale Sub- County in Marsabit County

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

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

Project Location Sololo Ward, Moyale Sub-County

Date September 2021

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CERTIFICATION

Project Title: Environmental and Social Impact Assessment Executive Summary for Anona Flood Based Irrigation Scheme in Sololo 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 ... 9

Table 3-2 Laws and Regulations relevant to the proposed project ... 12

Table 3-3 Analysis of applicable Africa Development Bank safeguard Standards ... 18

Table 3-4 Key National Institutions in relation to proposed project ... 20

Table 4-1: Impact Scoping Matrix ... 23

Table 5-1 Summary of Public Consultative Meeting ... 31

Table 6-1: A summary of the ESMP during the construction, operation and maintenance of the project... 36

Table 6-2: Environmental and Social Management Plan ... 44

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

LIST OF FIGURES

Figure 2-1: Project Site ... 4

Figure 2-2: Main Crops ... 7

Figure 2-3: Main Cash Crops in Marsabit County... 8

Figure 6-1: Institutional Arrangements ... 46

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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 Anona 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 Sololo ward in Moyale sub-county.

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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:

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 Anona 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.

1.4.1 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 Sololo 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.

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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 will begin after the completion of the ESIA process and development of the detailed design for the project site.

1.4.2 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.

1.4.3 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.

1.4.4 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 project areas are located in Moyale Sub-county that borders the republic of Ethiopia to North, Chalbi desert to the South West and Wajir North to the South East. Anona is located in Sololo ward, approximately 2 kilometers North West of sololo town. The project area is surrounded by hills and receives floods from sololo-Moyale escarpements. The area is inhabited predominantly borane community whose economic activity is mainly pastoral production with pockets of farming during the raining season and along the dry river beds.

The GPS coordinates for the site is N 03.550140 and E 038.645710. Its altitude is 694Metres above sea level.

Figure 2-1: Project Site

The total Irrigation land acreage is 100 Ha of land contributed by the 80 members of the community. The average irrigation area per farmer will be 1.2 Ha.

Project Layout Design

An engineering team who are County officials carried out the assessment for possible abstraction site identified an intake site. The Community through project implementation unit intend to produce horticultural crops for local market and may be for export such as kales, tomatoes, etc.; fruit trees including, bananas and avocadoes etc. as well as complement the irrigated farms with livestock keeping. The main components of the project will be-

• Construction of weir at the water abstraction point on the stream,

• Construction of Intake Box and the sedimentation chamber,

• Stream bank protection upstream and downstream of the weir

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Baseline physical environmental conditions 2.3.1 Land use patterns and socio-economic activities

Livestock and crop production are the major economic activities with maize, sorghum, millet, beans, fruits and vegetables being the main crops. The highlands areas in the county include Mt. Marsabit, Mt. Kulal and Ol Donyo Mara Range which have moderate rainfall and productive agricultural soils. The area below 700m above sea level is a low potential range land and forms about 75 per cent of the total land area. As a result of low, unreliable rainfall and high rates of evaporation, the soils are shallow and poor. The areas at the foot of the mountains comprise of Moyale-Sololo escarpment, the slopes of the Hurri Hills, the lower slopes of Mt. Marsabit and the middle slope of Mt. Kulal. It also includes the plains of Dida Galgallu, Bure Dera, Kaisut and Milgis. These areas receive moderate rainfall of about 700mm annually.

Most of the land in the county is owned communally except few adjudication sections in Saku constituency. The mean holding size of adjudicated sections is 0.8 Ha but plans are underway and on-going to adjudicate land in Moyale constituency

Less than one per cent of land is registered in the county. Among the registered sections are those in the mountains, Marsabit Township and Dakabaricha in Saku Constituency, where 1,200 title deeds have been issued.

2.3.2 Topography

Most of the county constitutes an extensive plain lying between 300m and 900m above the sea level, sloping gently towards the southeast. The plain is bordered to the west and north by hills and mountain ranges and is broken by volcanic cones and calderas. The most notable topographical features of the county care: Ol Donyo Ranges (2066m above sea level) in the South West, Mt. Marsabit (1865m above sea level) in the Central part of the county, Hurri Hills (1685m above sea level) in the North Eastern part of the county, Mt. Kulal (2235m above sea level) in North West, and the mountains around Sololo-Moyale escarpment (up to 1400m above sea level) in the North East.

The main physical feature is the Chalbi Desert, which forms a large depression covering an area of 948 Km². This depression lies between 435m and 500m elevation. The depression is separated from Lake Turkana, which is 65-100m lower in elevation, by a ridge that rises to 700m. There are no permanent rivers in the county, but four drainage systems exist, covering an area of 948 Km². Chalbi Desert is the largest of these drainage systems. The depression receives run-off from the surrounding lava and basement surfaces of Mt. Marsabit, Hurri Hills, Mt. Kulal and the Ethiopian plateau. The seasonal rivers of Milgis and Merille to the extreme south flow eastward and drain into the Sori Adio Swamp. Other drainage systems include the Dida Galgallu plains which receive run-off from the eastern slopes of Hurri hills, and Lake Turkana into which drain seasonal rivers from Kulal and Nyiru Mountains.

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2.3.3 Geology and soils

Most predominant geological formation in the county is volcanic rocks. They extend both westward and eastward from the eastern part of the Rift Valley to Ethiopia border. These volcanic rocks are interrupted in a few areas by pockets of quaternary sediments and Mozambique belt. Other geological formations are associated with the old lakebeds of Lake Turkana and Lake Chalbi. The south western and north eastern parts of the county are underlain by old, metamorphic rock of pre-Cambrian origin. These are covered by tertiary and Pleistocene sheets and cones of volcanic rock in the Central and North Eastern parts, especially in and around the central volcanic centres of Mt. Kulal, Hurri Hills and Mt.

Marsabit.

The South Western plains are covered by quaternary sediments washed out from the higher areas in more recent geological times. Between the hills of Mt. Marsabit, Mt. Kulal, Hurri Hills, the bed of the seasonal Lake Chalbi is also covered by recent sediments. The rest of the county is covered by rocky, stony and rugged lava plains with poor soil development. Some of these soils in the western part of the district have acidic moisture and are saline as in Chalbi Desert.

2.3.4 Rainfall and Climate

Most parts of the county are arid, with the exception of high potential areas around Mt.

Marsabit such as Kulal, Hurri Hills and the Moyale-Sololo escarpment. The county experiences extreme temperatures ranging from a minimum of 10.1⁰ C to a maximum of 30.2^o C, with an annual average of 20.1⁰ C. Rainfall ranges between 200mm and 1,000mm per annum and its duration, amount and reliability increases with increase in altitude. North Horr (550m) has a mean annual rainfall of 150mm; Mt. Marsabit and Mt. Kulal 800mm while Moyale receives a mean annual rainfall of 700mm.

Baseline biological environmental conditions

There are no environmentally sensitive areas within the project location. There are no sensitive ecosystems that will be affected by the proposed Anona Flood Based Irrigation Scheme. The water will be obtained from Anona Stream. There are no protected areas in close proximity to the proposed project. Additionally, there were no known flora or fauna listed in IUCN red list that are likely to be affected by the proposed project.

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

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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 cooperative 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.

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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

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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 Sololo 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 Anona 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 marginalised 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 Sololo 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 Anona 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 Sololo 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 endeavors 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;

The proposed project will need to be consistent with the provisions of this Policy in order to avoid conflicts. Among the issues that will have to be addressed, is land use planning and resource management for sustainable development to

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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 Anona Flood Based Irrigation project at Sololo 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.

The proposed project will be set up in an area with limited water resources. The project implementation will ensure sustainable use of land and water resources through efficient water use and protection of the project area from effects of

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erosion. Additionally, the Anona 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 Anona Flood Based Irrigation project at Sololo 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 High Risk Project for which an Environmental and Social Impact Assessment Study report would be prepared, and accordingly, this ESIA study will be prepared. 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

Laws and Regulations

Key areas of application / Permit / license Requirements Environmental

Management and

Coordination (Water Quality)

▪ 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.

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Key areas of application / Permit / license Requirements Regulations,

2006

▪ 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 Management and

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 Project activities.

Coordination (Noise and Excessive Vibration

▪ 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;

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Key areas of application / Permit / license Requirements Pollution

Control) Regulations, 2009

➢ 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 implementation in line with national guidelines;

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

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Key areas of application / Permit / license Requirements

The DRSLP II through the County government will support capacity building for Anona Flood Based Irrigation farmers and support establishment of viable farmer organizations, and in particular irrigation water users associations to develop and manage Anona 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 Act (Cap 242);

▪ The Public Health Act (Chapter 242) is an Act of Parliament that provides for securing and maintaining good health of citizens.

▪ 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

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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 Anona Flood Based Irrigation project at Sololo Ward will contribute towards the stated objectives of the climate change act and enhance the adaptation of the Sololo ward community to drought particularly through the access to reliable water source from Anona 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 amount of the wages earned by or payable to the workers. The Contractor should also ensure that all statutory deductions are submitted without delay to appropriate government agencies e.g., Kenya Revenue Authority, NSSF, NHIF, among others.

Water Act, 2016;

▪ The Water Act No. 43 of 2016 repealed the water Act 2002. The enactment of this law aimed at aligning national water management and water services provision with the requirements of the Constitution of Kenya 2010 particularly on the clauses devolving water and sanitation services to the county governments.

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During the entire project lifecycle, regulations and guidelines as per the Water Act provision should be considered including protection of Suam river riparian zone

HIV and AIDS Prevention and Control Act, 2006;

▪ Section 3 of The Act indicated the purpose of the legislation including public awareness and rights to people living with HIV/AIDS.

▪ Public awareness shall be achieved through education, public campaigns even at workplaces.

This Act’s provisions then give the guidelines unto which the contractor should follow in educating workers and staff and providing of incentives to combat HIV/AIDs. The proposed project should adopt the guidelines as set in the provisions of the act to enhance public awareness and rights to people living with HIV/AIDS

The Sexual Offences Act, 2006 and its amendment 2012

▪ The act of Parliament makes provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes.

▪ The act emphasis on observing a standard work ethic to ensure persons from both genders are not subjected to sexual offences.

➢ Evidence of surrounding circumstances and impact of sexual offence.

Ample working environment should prevail in all workplaces in the project, to be enhanced through implementation of a Sexual Misconduct Policy.

Persons with Disabilities Act, 2003;

▪ This Act protects the rights of people with disabilities ensuring they are not marginalized and that they enjoy all the necessities of life without discrimination.

▪ The Act guarantees that;

➢ No person shall deny a person with a disability access to opportunities for suitable employment.

➢ A qualified employee with a disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as qualified able-bodied employees.

➢ An employee with a disability shall be entitled to exemption from tax on all income accruing from his employment.

A person with disability is entitled to exemptions which apply with respect to exemptions and deductions as described in Schedule 42 subsection (2) of the act, among other provisions within this act that should be complied with all parties involved.

The National Gender and Equality Act, 2011

▪ National Gender Equality Commission is a constitutional Commission established by an Act of Parliament in August 2011, as a successor commission to the Kenya National Human Rights and Equality Commission pursuant to Article 59 of the Constitution.

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▪ NGEC derives its mandate from Articles 27, 43, and Chapter Fifteen of the Constitution; and section 8 of NGEC Act (Cap. 15) of 2011, with the objectives of promoting gender equality and freedom from discrimination.

Gender mainstreaming in projects ensures that the concerns of women and men form an integral dimension of the project design, implementation, operation and the monitoring and evaluation ensures that women and men benefit equally, and that inequality is not perpetuated.

Africa Development Bank Safeguards

The proposed Irrigation Project will be will be financed by Africa Development Bank (AfDB) or with financial participation of the Bank, through the Program to Build Resilience for Food and Nutrition Security in the Horn of Africa-Kenya (DRSLP II) hence environmental and social safeguards as defined in the Bank's Operational Safeguards (OS) have been considered.

The following Africa Development Bank environmental safeguards (Environment and Social Safeguards (ESS) /Bank Procedure (BP)) will guide the proposed project (table 4-3).

Table 3-3 Analysis of applicable Africa Development Bank safeguard Standards The Operational

Safeguards

Rationale

OS1: Environmental

and Social

Assessment

This safeguard governs the process of determining a project’s environmental and social category and the resulting environmental and social assessment requirements. The HoA Program has been proposed as a category 2 Program, implying that there will be need for ESIAs to be undertaken during the program execution level.

The potential negative environmental and social risks and impacts associated with the activities include, soil erosion, air and water pollution (including ground water), generation of solid waste, occupational health and safety risks related to minor construction activities that include the proposed construction of grain and seed storage facilities etc.

Most of the project activities are to be implemented in both Arid and semi- arid counties, many of which have been prone to social tensions and inter/intra communal conflicts over natural resources and boundary demarcations. Furthermore, there is a risk that local community dynamics may result in attempts to capture the benefits of the project for a particular group. These challenges shall be included in the social assessment to be prepared during project implementation.

OS2: Involuntary Resettlement, Land acquisition,

Population

This safeguard consolidates the policy commitments and requirements set out in the Bank’s policy on involuntary resettlement, and incorporates a number of refinements designed to improve the operational effectiveness of

SEPTEMBER 2021

MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES AND COOPERATIVES

EXECUTIVE SUMMARY FOR THE PROPOSED ANONA FLOOD BASED IRRIGATION SCHEME IN MARSABIT

COUNTY

SEPTEMBER 2021

SEPTEMBER 2021

G

I

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