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 REPORT FOR THE PROPOSED ADURKOIT IRRIGATION SCHEME IN KANYARKWAT LOCATION, WEST

POKOT SUB- COUNTY IN WEST POKOT COUNTY

SEPTEMBER 2021

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GENERAL INFORMATION

Project PROGRAM TO BUILD RESILIENCE FOR FOOD AND

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

Project Environmental and Social Impact Assessment Executive Summary for The Proposed Adurkoit Irrigation Scheme in Kanyarkwat Location, West Pokot Sub- County in West Pokot County

Title of the document Environmental and Social Impact Assessment Executive Summary for the Proposed Adurkoit Irrigation Sheme

Nature of the Project Small-scale Irrigation scheme Target County West Pokot County

Project Location Kanyarkwat Location, Riwo Ward

Date September 2021

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CERTIFICATION

Project Title: Environmental and Social Impact Assessment Executive Summary for Adurkoit Irrigation Scheme in Riwo Ward, West Pokot Subcounty; West Pokot 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 ... 19

Table 3-2 Laws and Regulations relevant to the proposed project ... 21

Table 3-3 Analysis of applicable Africa Development Bank safeguard Standards ... 27

Table 3-4 Key National Institutions in relation to proposed project ... 29

Table 4-1: Impact Scoping Matrix ... 32

Table 5-1 Summary of Public Consultative Meeting ... 46

Table 5-2: Stakeholder Consultative meeting key concerns ... 46

Table 6-1: A summary of the ESMP ... 52

Table 6-2: Environmental and Social Management Plan ... 62

LIST OF FIGURES

Figure 2-1: Administrative location (political boundaries) ... 10

Figure 2-2: Project Intake Site ... 11

Figure 2-3: Project layout ... 12

Figure 2-4: Topography of Riwo Ward ... 14

Figure 2-5: Geology and soils ... 15

Figure 2-6: Climate of the project area ... 16

Figure 6-1: Institutional Arrangements ... 64

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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

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 Adurkoit Irrigation scheme 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 Riwo ward in Pokot West 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 Adurkoit Irrigation scheme 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 scheme in Riwo ward, Pokot West Sub-County in West Pokot County. A preliminary design has been developed and will be taken forward for detailed design and implementation. This 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 scheme 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 scheme 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 scheme 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 will be prepared in the projects ESIA study report.

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2 PROJECT DESCRIPTION

Project Location

The proposed Adurkoit Irrigation scheme is located in Riwo Ward, approximately 47km from Kapenguria town. The project is anticipated to cover approximately 130 Ha (about 250 acres) in Riwo ward. The project will benefit a number of locations including Kanyarkwat, Serewo, Kongelai and Kabulo location in North Pokot. The project intake site will be located about 4.5km to the south west of Prinda centre which is the nearest market centre at the location accessible by road.

Figure 2-1: Administrative location (political boundaries)

The coordinates of Prinda Centre (within irrigation command area) are 1° 20.799'N and 34°

53.422'E. The project intake will be located on GPS coordinates 1° 19.506'N and 34° 51.800'E at the confluence of Suam River and Lokalchir Stream (Figure 2-2).

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Figure 2-2: Project Intake Site Project Layout Design

The components of the proposed project, according to the terms of reference (TOR), shall comprise, but not limited to, the following components:

• Intake works

• Irrigation water transmission through GCI and HDPE mainline

• Water distribution to the farm level.

• Water application systems.

• Ancillary works.

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Figure 2-3: Project layout

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

Land use patterns Riwo Ward feature nomadic pastoralism, livestock rearing, subsistence agriculture and sparse settlements. The bulk of the population in the area practice nomadic pastoralism owing to the dry weather conditions. The main livestock types reared include cows, goats and sheep. Subsistence agriculture is carried out in small areas along rivers and springs.

The plate 2-1 below shows the major land use activity of Riwo Ward.

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Plate 2-1: Livestock grazing at the command area 2.3.2 Vegetation

The area has a variety of vegetation including a mixture of exotic and natural vegetation.

Vegetation includes moist forest, dry woodland, bushland, and desert scrub. The highland areas are covered by forests, but deforestation owing to population pressure outpaces the designation of forest reserves; to increase forest cover, which is critical to water retention. The plate 2-2 below shows a section of the vegetation cover of Riwo Ward.

Plate 2-2: Scattered trees and shrubs

Notably, the dominant vegetation include the Golden Duranta shrubs and Acacia species. The project site is likely to experience temporal vegetative disturbance more so during the construction phase. This will however be replaced by landscaping on completion.

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2.3.3 Topography

The area has a hilly terrain, in general terms the topography can be said to be undulating with small open valleys and ridges slanting gently southwest. The ward generally slopes from the South East to the North West. The ward is characterized by high gradient hills and ridges at the high altitude areas and plains at the low altitude areas. The Adurkoit irrigation intake will be located at an altitude of around 1410 metres above sea level (m.a.s.l) while the irrigation command area lies at an altitude of about 1378 metres above sea level. The highest elevation at the ward is 2132 m.a.s.l while the lowest point stands at 1212 m.a.s.l (Figure 3-1).

Figure 2-4: Topography of Riwo Ward 2.3.4 Geology and soils

The Western parts of Riwo Ward have igneous rocks (of volcanic origin) which are found at the surface while on the eastern part sedimentary rocks are found at the surface. Flood zones near the river banks have alluvial deposits which are scattered and unconsolidated. The soils, derived primarily from metamorphic rocks of the Precambrian Basement System, are willow, rocky, and prone to erosion in some areas; deep, fertile, and well-drained in others. The area has loose porous silt-sandy soils.

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Figure 2-5: Geology and soils 2.3.5 Rainfall and Climate

The area experiences a hot semi-arid climate with an average temperature of 24.4ºC and average rainfall precipitation of 508mm per annum. The driest month is January in which there is 11mm of precipitation. Most of the precipitation in the area falls in April, averaging 96 mm. March is the warmest month with an average temperature of 25.4ºC while July is the coldest month averaging 23.3ºC

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Figure 2-6: Climate of the project area

2.3.6 Water resources and Hydrology

The county has three main catchment zones; the Turkwel, Kerio and Nzoia catchments. The Kerio and Turkwel catchments are channelled towards Lake Turkana while the Nzoia catchment drains its waters into Lake Victoria. The proposed Adurkoit Irrigation scheme will be served by surface water from Suam river. Suam river catchment starts from the slopes of Mt.

Elgon at Riwo hills and Bukwo and drains to Turkwel Dam which eventually is drained to Lake Turkana. The proposed intake will be situated at about 1410 m.a.s.l on GPS coordinates 1°

19.506'N and 34° 51.800'E within 5oo metres after the confluence confluence of Suam River and Lokalchir Stream. The low flow period starts in the month of January through to April where there are onsets of rains.

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Plate 2-3: Proposed intake site at Suam River

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 Adurkoit Irrigation Scheme. The water will be obtained from Suam River. 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 Infrastructure and Access.

The road network in the County is predominantly earth and gravel surface which makes up 87 percent of the road network. The gravel surface roads cover a distance of 349 km while the earth surface roads cover 697 km. The total length of bitumen surface (tarmac) road is only 151 km. This means that for every 60.7 km2, there is 1 Km of a tarmac roadand for every 1 Km of the same tarmac road, we have 4,180 persons. (West Pokot County Integrated Development Plan 2018-2022).

2.5.2 Housing

The main housing types in the county are grass thatched houses, semi-permanent and permanent houses. In overall, there are 88,026 grass thatched houses, 5,129 permanent and semi-permanent houses mainly found in the urban/town centres. Traditional manyattas are found in some parts of Pokot North and Pokot Central Sub-Counties. The county housing sector is characterized by inadequacy of affordable and decent housing, low investment, extensive and inappropriate dwelling units.

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In West Pokot Central County where the project area is situated, the dominant roofing material for a majority of the of the households are roofed with grass/twigs, followed by iron sheet roofing while the remaining use dung/mud roofing (KNBS 2019). At the project site and its surrounding, the dominant roofing material is grass.

2.5.3 Agriculture

The main food crops produced include maize, beans, sorghum, fingermillet, Adurkoit Irrigation, Irish potatoes, sweet potatoes and bananas. The farmers also grow horticultural crops which include fruits (mangoes, pawpaw, oranges, tree tomato and passion fruit) and vegetables both exotic and local (onions, cabbages, kales, pumpkins, sucha, cowpeas, saga, peas and carrots among others). The fruits and vegetables contribute immensely to food security as farmers use it for food as well as generate income to the households. Members of community from the project area practice livestock farming and rainfed farming where crops fail from extended droughts.

2.5.4 Energy Access

The main source of energy in the county is fuel wood which accounts 90 per cent of the energy needs of the county population. Petroleum energy is another source accounting for 5 per cent energy needs. Despite the presence of Turkwel Dam, which generates electricity, connection is still low with only 2 per cent of the population accessing electricity and only 10 trading centres connected with power. Electricity power outages are also prevalent in the county. Paraffin, which is another source of energy, is used by 8 per cent of population. Other sources of energy in the county include charcoal and solar. The county has a high potential for solar energy which remains untapped. The project area is not connected to the grid and community uses solar energy.

2.5.5 Health Access and Nutrition

The county has numerous gaps in most of the health system blocks. Most notably in Human Resources for Health an In terms of levels of care under Tier One (community health 26 services) there have 60 community units spread across the sub counties. Under Tier Two (dispensaries and health centres) we have 105 health facilities 10 being Health Centres. There are also five county hospitals under Tier Four. Currently there are no Tier five facilities but plans are underway to upgrade the county referral hospital to level five. In addition we have 6 private clinics and one mobile clinic under the Beyond Zero initiative. Nutritional status is very low especially in the rural arid and semi-arid areas of the County.

According to the 2014 Kenya Demographic and Health Survey stunting was at 45.9%, those underweight stood at 38.5% and wasting were at 14.3%. All these levels were above the WHO thresholds. The project will contribute to attainment of government’s big four agenda on food and nutrition security.

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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 scheme in Riwo Ward, West Pokot Sub-County, West Pokot 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 Adurkoit Irrigation scheme will be guided by the spirit of the Kenyan constitution considering environmental protection and conservation. The proponent will strive to ensure that the rights of the marginalized and vulnerable groups are considered in the project. The proponent will take advance measures to make sure that the irrigation scheme contributes to a clean and healthy environment for the community in Riwo 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.

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

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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 Riwo Ward, through the design and construction of the irrigation scheme. This initiative is part of the process in achieving the goals of Vision 2030 for residents within these locations. The proponent endeavours to protect the environment in supporting the economic pillar of the vision.

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

▪ The policy seeks to provide the framework for an integrated approach to planning and sustainable management of natural resources in the country.

▪ Some key objectives relating to the project include:

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

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

The proposed project will be climate smart to ensure the activities does not lead to degradation of environment. This will be achieved by ensuring the proposed project activities does not contribute to increased GHG emissions during its project cycle.

Sessional Paper No. 1 of 2017 on National Land Policy

▪ The overall goal of the national land use policy is to provide legal, administrative, institutional and technological framework for optimal utilization and productivity of land related resources in a sustainable and desirable manner at national, county and community levels.

▪ Amongst the key principles envisioned by the policy include;

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

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

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 irrigation scheme 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.

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

The proposed Adurkoit Irrigation scheme at Riwo 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 erosion. Additionally, the Adurkoit Irrigation scheme 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 Adurkoit Irrigation scheme project at Riwo 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;

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Laws and Regulations

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 Environment

al

Management and

Coordination (Water Quality) Regulations, 2006

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

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

The regulations have standards for discharge of effluent into the sewer and aquatic environment.

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

(b) abstract ground water or carry out any activity near any lakes, rivers, streams, springs and wells that is likely to have any adverse impact on the quantity and quality of the water, without an Environmental Impact Assessment license issued in accordance with the provisions of the Act; or (c) Cultivate or undertake any development activity within a minimum of six meters and a maximum of thirty meters from the highest ever recorded flood level, on either side of a river or stream, and as may be determined by the Authority from time to time.

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

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Environment al

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.

Environment al

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

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

➢ Time of the day;

➢ Proximity to residential area;

➢ Whether the noise is recurrent, intermittent or constant;

➢ The level and intensity of the noise;

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

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

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

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

Environment al

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

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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

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

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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 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

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The development and implementation of the Adurkoit Irrigation scheme at Riwo Ward will contribute towards the stated objectives of the climate change act and enhance the adaptation of the Riwo ward community to drought particularly through the access to reliable water source from Adurkoit Irrigation scheme 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.

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,

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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.

▪ 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 scheme 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

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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 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 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.

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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.

Institutional Framework

At present there are over twenty (20) institutions and departments under the umbrella of different ministries albeit others being semi-autonomous; which deal with environmental issues in Kenya. Some of the key institutions which are relevant to the proposed project are discussed in table 3-5 below.

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

Departments

Key Mandate National

Environmental Tribunal

▪ The National Environment Tribunal (NET) created under Section 125 of EMCA Cap 387 has the following functions:

➢ To hear and determine appeals from NEMA’s decisions and other actions relating to issuance, revocation or denial of (EIA) licenses or amount of money to be paid under the Act and imposition of restoration orders;

➢ To give direction to NEMA on any matter of complex nature referred to it by the Director General; and

If the proponent or any other stakeholder disagree with NEMA decisions in exercising the above-mentioned functions, then they may lodge a case at the NET to seek to overturn the decision. Should this avenue not lead to a favourable ruling from the NET, an appeal may be lodged in the Environment and Land Court.

National Environment Complaints Committee

▪ The National Environment Complaints Committee performs the following functions:

➢ Investigate any allegations or complaints against any person or against the authority in relation to the condition of the environment in Kenya and on its own motion, any suspected case of environmental degradation and to make a report of its findings together with its recommendations thereon to the Cabinet Secretary.

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Institutions / Departments

Key Mandate

➢ Prepare and submit to the Cabinet Secretary periodic reports of its activities which shall form part of the annual report on the state of the environment under section 9 (3) and

➢ To undertake public interest litigation on behalf of the citizens in environmental matters.

This committee will act as a safeguard for members of the public who feel aggrieved by actions taken under the proposed producer organisation project and can exercise their constitutional rights to launch a complaint should they have exhausted all other grievance redress mechanisms available to them.

National Environment Management Authority (NEMA)

▪ The National Environment Management Authority (NEMA) exercises general supervision and, co-ordination of all matters relating to the environment.

▪ NEMA is also the principal instrument of the government in the implementation of all policies relating to the environment.

▪ NEMA is also the Designated National Authority for certain Multilateral Environmental Agreements.

The Authority reviews EIA comprehensive project report for the proposed project, visits the project sites to verify information provided in the report and issues EIA licenses if it considers that all the issues relevant to proposed project have been identified and mitigation measures to manage them have been proposed.

The Directorate of Occupational Safety and Health Services (DOSHS)

▪ The Directorate of Occupational Safety and Health Services (DOSHS) is one of departments within the Ministry of Labour and East African Community Affairs, whose primary objective is to ensure safety, health and welfare of all workers in all workplaces.

DOSHS is a key stakeholder based on the role they play regarding safety, health and welfare of all workers in all workplaces and in registration of all workplaces which are envisioned in the proposed project.

Water Resources Authority (2016)

WRA is a state corporation established under Section 11 of the Water Act, 2016. The objective of the new WRA is to protect, conserve, control and regulate use of water resources through the establishment of a national water resource strategy. In addition, the WRA is responsible for formulation and enforcement of standards, procedures and regulation for the management and use of water resources, policy development, planning and issuing of water abstraction permits and setting and collecting permits and water use fees.

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Institutions / Departments

Key Mandate County

Environment Committee

This replaced the Provincial and District Environmental Committees which was repealed with the amendment in EMCA 2015. County Environment Committee also contribute to decentralized environmental management and enable the participation of local communities.

▪ The County Environment Committee is charged with the responsibility to

▪ be responsible for the proper management of the environment within the county for which it is appointed;

▪ develop a county strategic environmental action plan every five years;

and

▪ Perform additional functions that are prescribed by this Act or as may, from to time, be assigned by the Governor by notice in the Gazette.

The committee will be on hand to participate in decision making on the project’s environmental performance should that be necessary in the future.

National

Gender &

Equality Commission (NGEC)

The National Gender Equality Commission is a successor commission to the Kenya National Human Rights and Equality Commission pursuant to Article 59 of the Constitution. The over-arching goal for NGEC is to contribute to the reduction of gender inequalities and the discrimination against all; women, men, persons with disabilities, the youth, children, the elderly, minorities and marginalized communities

Ministry of Public Service, Youth and Gender Affairs

The Ministry has a directorate of Youth to represent youth concerns in Kenya. This was necessary against the reality that despite their numerical strength, youth were not well represented in the national, political and socio- economic development processes.

The state department of Gender is mandated to promote gender mainstreaming in national development processes and champion socio- economic empowerment of women. Gender rights and gender equality are entrenched in the Constitution of Kenya 2010, and the department has the responsibility of expanding credit financing to women for enterprise development and ensure equality in gender representation in all public appointments

SEPTEMBER 2021

MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES AND COOPERATIVES

EXECUTIVE SUMMARY REPORT FOR THE PROPOSED ADURKOIT IRRIGATION SCHEME IN KANYARKWAT LOCATION, WEST

POKOT SUB- COUNTY IN WEST POKOT COUNTY

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