EXECUTIVE SUMMARY

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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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EXECUTIVE SUMMARY

SEPTEMBER 2021

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September 2021 Page i/37

GENERAL INFORMATION

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

Project Environmental and Social Impact Assessment Executive Summary for The Proposed Barsaloi Gravity Dam in Basalin Village, Barsaloi Location, Samburu North Sub County; Samburu County

Title of the document Environmental and Social Impact Assessment Executive Summary for the Proposed Barsaloi Gravity Dam in Basalin Village, Barsaloi Location, Samburu North Sub County; Samburu County

Nature of the Project Construction of a water reservoir aimed at improving livelihoods of the Barsaloi Community through the provision of domestic drinking water, enhanced small-scale irrigation and improved livestock farming through provision of access to water for domestic and livestock use within the project location

Target County Samburu County

Project Location Ang’ata Nanyekie Ward, Samburu North Sub-County

Date September 2021

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CERTIFICATION

Project Title: Environmental and Social Impact Assessment (ESIA) for the Construction of the Proposed Barsaloi Gravity Dam in Basalin Village, Barsaloi Location, Samburu North Sub County; Samburu 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 (Environmental Expert): 8226

Erick O. Orwa

NEMA Environmental Expert Registration No. 8226

P.O. Box 10137-20100 TEL +254 721 178 524 Nairobi, Kenya

[email protected]

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

State Department for Crop Development and Agricultural Research.

Nairobi, Kenya

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LIST OF TABLES

Table 2.1: Project Location ... 13

Table 3.1 Policies, Plans and Strategies... 21

Table 3.2: Laws and Regulations relevant to the proposed project ... 23

Table 3.3 Analysis of applicable Africa Development Bank safeguard Standards ... 30

Table 3.4 Multilateral Environmental Agreements ... 32

Table 3.5 Key National Institutions in relation to proposed project ... 33

Table 3.6 Key National Institutions in relation to proposed project ... 35

Table 4.1: Impact Scoping Matrix ... 39

Table 4.2:Projected negative impacts at decommissioning stage ... 53

Table 5.1: Stakeholder Consultative meeting key concerns ... 56

Table 6.1: A summary of the ESMP during the construction, operation and maintenance of the project ... 62

Table 6.2: Environmental and Social Management Plan ... - 72 -

Table 6.3: Estimated Overall budget for ESMP ... - 80 -

LIST OF FIGURES

Figure 2.1: Geographical location of Barsaloi Gravity Dam ... 13

Figure 2.2: Google earth insert of the project location ... 14

Figure 3.1: Average rainfall and temperature distribution in Samburu County (Source: Climate data.org) ... 15

Figure 3.2: Shrubs and trees... 16

Figure 3.3: Soil Types in Samburu County (European Soil Data Centre (ESDAC), 2019) ... 18

Figure 6.1: Public Participation Meeting - Barsaloi Location ... 56

Figure 6-1: Institutional Arrangements ... 74

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ACRONYMS AND ABREVIATIONS

CBO Community Based Organisation

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

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. 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 Barsaloi Gravity Dam 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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10 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 Barsaloi Gravity Dam 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, The Program to Build Resilience for Food and Nutrition Security in The Horn Of Africa-Kenya has commissioned environmental consultant to conduct an ESIA having identified the need for a Gravity Dam in Barsaloi Location, Samburu North Sub County in Samburu County. A preliminary design has been developed and will be taken

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11 forward for detailed design and implementation. This executive summary to the ESIA report forms part of the conceptual design.

Currently, The Program to Build Resilience for Food and Nutrition Security in The Horn Of Africa-Kenya 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 proposed project will entail construction of a Concrete Gravity Dam. The proposed dam will be for livestock, agricultural as well as domestic purposes and is expected to supply water to a population in the surrounding communities. The main construction materials will be Concrete and this was informed by the following reasons:

i. In order to minimise the area occupied by the dam wall and maximize on storage area;

ii. The foundation is rocky hence attracting better bond with concrete than earth embankments; and

iii. For safety reasons concrete would allow for a wide spillway without incurring huge costs and additional area.

Civil works would then start but will not be limited to Site Preparation, Excavation Works, Weir (Dam wall), Walkway, Pipe Network, Perimeter fence and Landscaping.

1.4.3 Operation and Maintenance

• Failure and Emergency Actions

The proponent and the operating and maintenance personnel knowledgeable of the potential problems that could lead to failure of a dam must always be alert at all times. They should regularly view the structure and, therefore, be able to recognize the potential problems so that failure can be avoided. If a problem is noted early enough, an engineer experienced in dam design, construction, and inspection will be contacted to recommend corrective measures, and such measures should be implemented. IF THERE IS ANY QUESTION AS TO THE SERIOUSNESS OF AN OBSERVATION, AN ENGINEER EXPERIENCED WITH DAMS SHOULD BE CONTACTED.

• Maintenance Of Embankments

It will be important for the proponent and dam users to establish and control the presence of proper vegetation along the dam embankments as an important part of dam maintenance.

Properly maintained vegetation will help prevent erosion of embankment and earth channel surfaces, and aid in the control of groundhogs and muskrats. The uncontrolled growth of vegetation can damage embankments and concrete structures and make close inspection difficult. Grass vegetation is an effective and inexpensive way to prevent erosion of embankment surfaces. If properly maintained, this will enhance the appearance of the dam and

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12 provide a surface that can be easily inspected. Roots and stems tend to trap fine sand and soil particles, forming an erosion-resistant layer once the plants are well established. Grass vegetation is least effective in areas of concentrated runoff, such as the contact of the embankment and abutments, or in areas subject to wave action.

• Maintenance Of Spillways and Control Structures

Dams have pipes (or conduits) that serve as principal spillways. These conduits are required to carry normal stream and small flood flows safely past the embankment throughout the life of the structure. Pipes through embankments are difficult to construct properly, can be extremely dangerous to the embankment if problems develop after construction, and are usually difficult to repair because of their location and size. Maximum attention should be directed to maintaining these structures.

• Operation

The operation of Barsaloi Gravity Dam will not require a full-time operator, but should be checked on a regular basis. The following are some of the pertinent parameters to consider during operation; proper records kept, ensuring public safety, controlling litter, and opening and closing valves. Proper operational procedures are extremely important in maintaining a safe structure. Special operational procedures will be followed during an emergency and should be reported in case it happens.

1.4.4 Decommissioning

Dam removal can range from partial removal of the dam alone to full removal of the dam and appurtenant facilities. For partial removal, the dam height and storage capacity should be reduced to the point that the structure no longer meets the statutory definition of a dam or no longer presents a downstream hazard. A dam decommissioning project would include all necessary activities associated with the full or partial removal of a dam and restoration of the river, from project planning through design and implementation. The decision to remove a dam should be based on the careful evaluation of a wide range of alternatives to solve a specific problem at an existing facility, including dam safety concerns, high repair costs, high operation and maintenance costs, or significant impacts

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, Barsaloi Gravity Dam is located in Basalin Village, Ang’ata Nanyekie Ward of Samburu County. The site is 32km North West from Maralal Town. The project location can be well described as shown in Table 2.1 below.

Table 2.1: Project Location

Area Project Location

County Samburu

Sub County Samburu North

Ward Ang’ata Nanyekie

Location Barsaloi

Village Basalin

The proposed is located on Latitude 1.340892° S and Longitude 36.819764°, 1220 m above sea level above mean sea level. Figure 2.1 and 2.2 below shows an administrative and google earth image of the project area.

Figure 2.1: Geographical location of Barsaloi Gravity Dam Source ArcGIS

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14 Figure 2.2: Google earth insert of the project location

Project Layout Design

The proposed project will entail construction of a concrete gravity dam. The proposed dam will be for livestock, agricultural as well as domestic purposes and is expected to supply water to a population in the surrounding communities.

The wall from the survey work will be 4.5m in height considering earth fill will have 1600kg/m³ and masonry material of 2200kg/m³ and since angle internal friction for sand ⏀ is 30o and coefficient of friction 𝞵 is 0.5. Taking maximum allowable shear stress of 35t/m2, we test for the following dimensions:

• Top width =1m

• Bottom width = 4m

• Height is 4m

The above parameters were tested and analysed with the following result:

• The wall is safe against sliding because the horizontal pressure p acting on the wall is less than the resisting force 𝜇𝑊

• The wall will not be safe against crushing because the maximum shear stress in more than allowable shear stress of the masonry material and hence reinforcement was recommended, and was effected.

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15 Baseline physical environmental conditions

2.3.1 Climate and Hydrology

The area receives rainfall in two seasons. The long rain season starts in the month of March to June while the short rain season starts in the month of October to December. An average rainfall distribution ranges between 400mm and 450 mm annually. The area is moderately hot during the day and cold at night. The temperature ranges between 8.6°C (average minimum) to 23.5°C (average maximum).

Figure 2.3: Average rainfall and temperature distribution in Samburu County (Source: Climate data.org)

Samburu lies in the arid and semi-arid parts of Kenya, with a total area of 21,022.2 square kilometers. The county is made up of; Tropical alpine, Upper highlands zones, Lower highlands zones, Lower midland zones, Lowlands zones which covers about 80% of the county. The height above sea level ranges from 600 m in lowlands to 2600 m in high altitude zones, though some hills can extend up to over 3000 m above sea level. These are; Mathew ranges, Mount Nyiro and Ndoto Mountains.

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16 2.3.2 Flora

The area is inhabited by different types of vegetation. The dominant vegetation identified included grass and shrubs. Herbaceous plants were also identified. Aquatic plants were also noticed on the existing water dams (upper and lower dam). Plant species identified in the area included Trees (different acacia species with yellow back acacia being predominant); Shrubs (acacia species); Grass; Papyrus; Epiphytes (climbers); Aloe Vera and Sisal species.

Figure 2.4: Shrubs and trees 2.3.3 Fauna

The study identified animal life in the project influence area. There were insects, signs of grazers (antelopes), rodents, birds and the area is good habitat for snakes and other invertebrates.

2.3.4 Physical and Topographic features

The County falls on the northern interface between highlands and lowlands. To extreme west is Suguta Valley which is bounded on both sides by fault escarpments and floored by red clays, boulders and gravel fans. In the East of Suguta Valley, the County is characterized by repeated extensive high-level plateaus which have been built by repeated floods of lava from the Rift

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17 valley. The highest parts of these plateaus are the Kirisia Hill, rising to 2000m above sea level.

In the North of Baragoi - Tuum and South –Horr axis, the area rises to Mount Nyiro tapers northwards and falls steeply southwards. South and west of Mount Nyiro are peneplains which have been eroded to plains of lower levels ranging from 1000-1,350 m above sea level. These are noticeable at Kawap and the area between Lodungokwe and Wamba continuing eastwards and southwards. These plains are covered by red soils and sands derived from the adjacent slopes by sheet erosion. East of the central plains are the Mathew Ranges and the Ndoto mountains forming discontinuous ranges tending towards north-south of the eastern side of the county. Apart from the Lorroki plateau and the mountain ranges of Nyiro and Mathews, the rest of the County is a continuous basin which slopes northwards to Lake Turkana and east of Mathew Ranges. The high altitude of the plateau and the mountain ranges has resulted in indigenous forests which are all gazetted and preserved for rain catchments.

The topography of the catchment area is characterized with gentle slopes, with one main drainage area. The proposed pan will collect run off from the catchment area upstream of the reservoir.

2.3.5 Soils and Geology

Different types of soils were identified within the project influence area. The predominant soil type is mainly sandy loam and has a high depth which is generally good for excavation of the pan. Other soils noticed included Black clay soils near the lower dam; and Patches of red volcanic soils.

In the western parts of the county, the soil is mostly Sandy loam soils. Kirisia area has sandy loam and sandy clay soils, which are lithosol (shallow stony soils) and cambisols. In the areas covered by lithosols water run-off is common and erosion quite prevalent. Just as Kiriasia, Lorroki has loam soils as the dominant one. These soils are mostly well-drained phaezems.

However, some parts of it is covered by shallow lithosols, including the surrounding of Suguta Marmar where the risk of flooding is classified as medium. The lithic phase of the soils encourages run-off during periods of high precipitation.

In the northern part of the County consisting of Baragoi and Nyiro areas, the predominant soil covers are bouldery cambisols and lithosol. The soils are particularly more stoney and rocky on the southern slopes of Mt Nyiro and Ndoto mountains. These soils are shallow and have a lithic (stoney) phase, a characteristic that makes the soils prone to run off. On the eastern side that include Wamba and Waso areas, is significantly covered by weakly developed soils, mostly sandy and low in organic matter and in some places in Waso Division the soils are saline and sodic (mostly cambisols and solonetz).

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18 Figure 2.5: Soil Types in Samburu County (European Soil Data Centre (ESDAC), 2019) 2.3.6 Drainage Pattern

The physiography of the region influences the drainage pattern. The County fall in drainage areas number two (Kerio Valley) and number five (Ewaso Nyiro). Main water sources in the county constitute surface and ground water. The Ewaso Ng‘iro River flows northwards about 30 km, then changes the direction to flow eastwards. After turning sharply east through the gap between the Mukogodo hills in the south and the Karissa hills in the north, the river flows through a 70m deep gorge for about 60 km in Barselinga. There are several seasonal riverbeds or "laggas" which during rainy seasons are filled with runoff water, making roads impassable and often leaving the area cut- off from the rest of the country.

2.3.7 Land Use

Land ownership in Samburu falls into four categories namely; Communal, Public/ Government and Private. Communal land is managed by the communities while private land encompasses group ranches. The bulk of the land is not registered a situation that affects its full potential exploitation. The primary land use practices are pastoralism and wildlife conservation. These practices account for over 90 percent of the total land holding in the county. Farming is also undertaken in favourable areas like Poro in Kirisia Division, Baragoi and South Horr and Tuum in Nyiro divisions. Gazetted forests occupy 15% of land area. These forests provide habitat and foliage for both wildlife and livestock.

The proposed project site is on a communal land.

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19 2.3.8 Ranches

There are 37 registered group ranches in the entire county which occupies 37,000 acres. The main activity carried out in these ranches is livestock grazing. However, the main challenge is interclan conflict in these ranches leading to delay of land adjudication process. It is only around Mararal town, Porror area, and Kisima where the land adjudication has taken place and title deed issued.

2.3.9 Main Wildlife

The County boasts of having the largest amount of wildlife outside the game reserve. Some of the wild animals found in the County include; Reticulated Giraffe, the endangered bevy zebra, Besia Oryx, Grater and Lesser Kudu, Gerenuk, Somali ostrich, Pun cake tortoise, Wild Dog, lions, elephants, and buffalos in addition to the small wildlife.

2.3.10 Main Tourist Attractions

The County is endowed with a variety of natural sceneries like the plateaus, escarpments, valleys and wildlife which could be tapped to promote tourism in the county. Currently, Samburu National Reserve hosts various lodges and game sites which are mainly in Samburu East and is the greatest revenue earning to Samburu County. The locals also have indigenous knowledge and cultural artefacts that could be tapped to promote cultural tourism. The annual camel derby tourist promotion event in the county.

There are thirteen (13) tourist class hotels in the county with a total bed capacity of five hundred and sixty-six (566). Most of these hotels are located near attraction centres such as Samburu Game reserve and Maralal Game sanctuary.

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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 Barsaloi Gravity Dam, Samburu 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.

Article 42: Every person has the right to a clean and healthy environment which includes: - a) To have the environment protected for the benefit of present and future generations

through legislation and other measures, particularly that contemplated in article 69.

b) To have an obligation relating to the environment fulfilled under article 70.

Section 69 states that: The state shall;

a) Encourage public participation in the management, protection and conservation of the environment.

b) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment.

c) Eliminate processes and activities that are likely to endanger the environment.

It is anticipated that establishment of the Proposed Gravity Dam in Barsaloi location 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. By this ESIA report and the ESMP the proponent has taken advance measures to make sure that the sub project contributes to a clean and healthy environment for the community in Barsaloi.

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21 Key Policies, Plans and Strategies relevant to the Environmental Impact Assessment

Some of the key policies, Plans and Strategies relevant to the Environmental Impact Assessment for the proposed project are discussed below (Table 4-1)

Table 3.1 Policies, Plans and Strategies Policies, Plans

and Strategies

Key areas of application

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.

The proposed project will result in water retention through the Proposed Gravity Dam in Barsaloi 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 of irrigation and livestock use in Barsaloi Location, through the design and construction of the gravity dam. 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:

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➢ 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 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 gravity dam 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

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,

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23 Strategy 2010-

2020

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 Gravity Dam in Barsaloi 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 erosion. Additionally, the Proposed Gravity Dam’s beneficiaries will be encouraged to plant 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 Proposed Gravity Dam in Barsaloi location. 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

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24 Laws and

Regulations

Key areas of application / Permit / license Requirements

Environmental Management and

Coordination Act (EMCA, Cap 387) 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 Low-Risk Project for which a comprehensive project report (CPR) would 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 Low-Risk Project.

This Comprehensive Project Report (CPR) has been prepared for submission pursuant to Regulation 7 (1) of 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

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.

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▪ 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 gravity dam 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 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:

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26 Pollution

Control) Regulations, 2009

➢ 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 ESM&MP, 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.

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

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▪ 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 Gravity Dam in Barsaloi project has potential pollution risks related to water siltation of nearby water streams/rivers. 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.

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28 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 Proposed Gravity Dam in Barsaloi will contribute towards the stated objectives of the climate change act and enhance the adaptation of the Barsaloi community to drought particularly through the access to reliable water source from the Proposed Gravity Dam and irrigation 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.

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29 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.

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

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30 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 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 3-8).

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.

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.

▪ 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.

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31 The Operational

Safeguards

Rationale

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

Displacement and Compensation

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 those requirements.

The proposed project will not lead to displacement of persons and no RAP will be required

OS3: Biodiversity and Ecosystem Services

This safeguard aims to conserve biological diversity and promote the sustainable use of natural resources. It also translates the commitments in the Bank’s policy on integrated water resources management into operational requirements.

Based on the screening conducted during project preparation and consideration of the scale of the proposed activities, the project does not pose any danger to the conservation of biodiversity and sustainable management of living resources. However, beneficiary communities shall be sensitized about prohibited practices that interfere with the functioning of ecologically sensitive areas. For the overall project, MOALF & C will utilize the AfDB guidelines in the treatment of ecologically and ergonomically sensitive areas and this may also be incorporated in the project IPMP.

OS4: Pollution Prevention and control hazardous materials and resource efficiency

This safeguard covers the range of key impacts of pollution, waste, and hazardous materials for which there are agreed international conventions, as well as comprehensive industry-specific and regional standards, including greenhouse gas accounting, that other multilateral development banks follow.

The project will support livelihood activities, it is possible for the smallholder farmers, and agro-pastoralists to procure synthetic to manage

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32 The Operational

Safeguards

Rationale

pests and diseases on their farm/rangelands. Community beneficiaries have a duty to prevent waste, avoid contamination and deal responsibly with the waste, residues and empty pesticide containers. Improper use of knapsack sprayers during typical application could lead to ingestion of agrochemicals by farmers or minors, livestock, and contamination of the environment.

OS5: Labour

conditions, health and safety

This establishes the Bank’s requirements for its borrowers or clients concerning workers’ conditions, rights and protection from abuse or exploitation. It also ensures greater harmonization with most other multilateral development banks. Project implementation involve the use of workers that may include consultants, contracted workers in the construction of minor civil works and liaison with Government civil servants in the management and supervision of project activities. The Project may prepared Labor Management Procedures (LMP) to supplement this ESMF. LMP shall be applied to all project workers and volunteers whether fulltime, part-time, temporary or seasonal. During Implementation of project activities, the respective Contractors shall prepare Occupational Health and Safety Plans (OHS) and the Community Health Management Plans to manage related risks.

Multilateral Environmental Agreements/Treaties

There are a number of Multilateral Environmental Agreements (MEAs) that are relevant to the Proposed Gravity Dam in Barsaloi reviewed in detail (table 3-4).

Table 3.4 Multilateral Environmental Agreements Multilateral

Environmental Agreements

Key areas of application

United Nations Framework Convention on Climate Change (UNFCC)

▪ UNFCCC has near universal membership and is the parent treaty of the 1997 Kyoto Protocol. The Kyoto Protocol has been ratified by 192 of the UNFCCC Parties.

▪ The ultimate objective of both treaties is to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human interference with the climate system.

EXECUTIVE SUMMARY

MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES AND COOPERATIVES

E

S

E

A

S

I

A

R

F

T

P

B

G

D

I

B

V

, B

L

, S

N

S

C

; S

C

EXECUTIVE SUMMARY

SEPTEMBER 2021

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