barsaloi-earth-dam-esia.pdf - African Development Bank

Proposed Iimba Earth Dam in Mwala Sub County; Machakos County

1 Comprehensive Project Report (CPR); IIMBA EARTH DAM

COMPREHENSIVE PROJECT REPORT (CPR)

ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORT FOR

THE PROPOSED BARSALOI GRAVITY DAM

Prepared by:

Eng. Josphat N. Omari,

Lead Environmental Expert

Registration No: 7645,

P.O. Box 1500-0600

TEL 0770255566

Nairobi, Kenya

[email protected]

Erick O. Orwa

Associate Environmental Expert

Registration No. 8226

P.O. Box 10137-20100

TEL +254 721 178 524

Nairobi, Kenya

[email protected]

Drought Resilience and Sustainable Livelihoods Program (DRSLP)

Ministry of Agriculture, Livestock, Fisheries and Cooperatives;


mailto:[email protected]

Proposed Gravity Dam in Barsaloi Location, Samburu North Sub County

i Comprehensive Project Report (CPR); Barsaloi Gravity Dam

FACT SHEET

Project Name 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

Assignment Name Environmental and Social Impact Assessment (ESIA)

Location Basalin Village, Barsaloi Location, Ang’ata Nanyekie

Ward in Samburu North Sub County; Samburu County

GPS Coordinates Latitude 1.340892° S and Longitude 36.819764°, 1220 m

above sea level

Project Description • Excavation of the dam, clearing of overburden materials

and the top soil

• Fencing of the dam and construction of embankment and

draw off works

• Construction of auxiliary facilities (Toilet, cattle

watering trap and community water site)

Main Water Source The proposed dam will be placed right across a lagga

through which runoff and superficial groundwater would

recharge the dam.

Proponent BARSALOI COMMUNITY CONSERVATION PROJECT

Address of the

Proponent

BARSALOI COMMUNITY CONSERVATION PROJECT

P.O. Box 3-20601,

Tel: 0727042451

Baragoi, Samburu

CONTACT PERSON:

Moses Lenkupae

0727042451

[email protected]

ESIA Consultants

Lead Expert

Eng. Josphat N. Omari,


P.O. Box 1500-0600

TEL 0770255566

Nairobi, Kenya

Email: [email protected]

Associate Expert

Erick O. Orwa


P.O. Box 10137 - 00200,

Tel: 0721178524

Nakuru, Kenya

Email: [email protected]




ii Comprehensive Project Report (CPR); Barsaloi Gravity Dam

CERTIFICATION

For and on Behalf of:

The BARSALOI COMMUNITY CONSERVATION PROJECT

Ward: Ang’ata Nanyekie

Sub County: Samburu North

In Liaison with the Project Coordination Unit (PCU)


Samburu County Office.

This Environmental Impact Assessment (ESIA) report was prepared in accordance with the

Environmental Management and Coordination Cap 387 and the Environmental Impact Assessment

and Audit (Amendment) Regulations 2019, AfDB's Environmental Policy and the Environmental

Impact Assessment and Audit Regulations 2003 in order to meet the statutory requirements for

implementation of projects under schedule ii.

I, the undersigned, confirm that the contents of this report are a true representation of the ESIA

process for the Proposed Construction of the Proposed Barsaloi Gravity Dam (Height 5m) in

Basalin Village, Barsaloi Location, Samburu North Sub County; Samburu County

LEAD ESIA/ EA EXPERT

JOSPHAT OMARI

NEMA REG. No. 7645

P. O. BOX 1500-600

NAIROBI, KENYA

Lead Expert: ………………………………….…………. Date: ……………………………..

Signature

Name: …………………………………………………. Date: ……………………………………

Community Group Chairman

29 March, 2021

29 March, 2021


iii Comprehensive Project Report (CPR); Barsaloi Gravity Dam

TABLE OF CONTENT

FACT SHEET .................................................................................................................................. i

CERTIFICATION .......................................................................................................................... ii

LIST OF FIGURES ....................................................................................................................... vi

LIST OF TABLES ......................................................................................................................... vi

LIST OF ACRONYMS AND ABBREVIATIONS ..................................................................... vii

EXECUTIVE SUMMARY ........................................................................................................... ix

INTRODUCTION ................................................................................................................1

1.1 Project Background ....................................................................................................................... 1

1.2 Project Objective ........................................................................................................................... 2

1.3 Terms of Reference for the ESIA ................................................................................................. 2

1.4 Study Approach and Methodology ............................................................................................... 2

1.5 ESIA Steps Followed .................................................................................................................... 3

1.5.1 Environmental Screening ......................................................................................................................... 3

1.5.2 Desk Study ............................................................................................................................................... 4

1.5.3 Field Assessment ..................................................................................................................................... 4

1.5.4 Study of Baseline Conditions................................................................................................................... 4

1.5.5 Public Consultations ................................................................................................................................ 4

1.6 ESIA Scope ................................................................................................................................... 5

PROJECT DESCRIPTION ...................................................................................................6

2.1 Project Location ............................................................................................................................ 6

2.2 Water Situation in Samburu .......................................................................................................... 7

2.2.1 Water Resources ...................................................................................................................................... 8

2.2.2 Water Supply Schemes around the Project Area ..................................................................................... 8

2.2.3 Water management (Institutions, Measures for Sustainable Use etc.) ................................................... 10

2.3 Current Water Needs by Various Sectors in Samburu County ................................................... 10

2.4 Water harvesting situation in Samburu ....................................................................................... 11

2.5 Project Design Details ................................................................................................................. 11

2.5.1 Design of the retaining wall wall ........................................................................................................... 11

2.5.2 Design Drawings ................................................................................................................................... 13

2.6 Water Requirement ..................................................................................................................... 16

2.7 Project Input ................................................................................................................................ 17

2.8 Project Cost ................................................................................................................................. 18

2.9 Project Output ............................................................................................................................. 18

2.10 Project Site and Land Ownership ................................................................................................ 19

2.11 Cultural and Historic Sites .......................................................................................................... 19

2.12 Local Land Uses ......................................................................................................................... 19

BASELINE CONDITIONS ................................................................................................20

3.1 Physical Environment ................................................................................................................. 20

3.1.1 Climate and Hydrology .......................................................................................................................... 20

3.1.2 Flora ....................................................................................................................................................... 21

3.1.3 Fauna ..................................................................................................................................................... 22

3.1.4 Physical and Topographic features ........................................................................................................ 22


iv Comprehensive Project Report (CPR); Barsaloi Gravity Dam

3.1.5 Soils and Geology .................................................................................................................................. 22

3.1.6 Drainage Pattern .................................................................................................................................... 24

3.1.7 Land Use ................................................................................................................................................ 24

3.1.8 Ranches .................................................................................................................................................. 24

3.1.9 Main Wildlife ......................................................................................................................................... 24

3.1.10 Main Tourist Attractions ................................................................................................................... 25

3.2 Socio-Economic Survey .............................................................................................................. 25

3.3 Demographics Data ..................................................................................................................... 25

3.4 Education Levels ......................................................................................................................... 28

3.5 Housing Structure ....................................................................................................................... 29

NATIONAL POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK .....................30

4.1 General Overview ....................................................................................................................... 30

4.2 The Constitution of Kenya, 2010 ................................................................................................ 30

4.3 Key Policies, Plans and Strategies relevant to the Environmental Impact Assessment .............. 31

4.4 Legal Framework / Laws and Key relevant Regulations ............................................................ 34

4.5 World Bank Environmental Safeguards...................................................................................... 41

4.6 Multilateral Environmental Agreements/Treaties ....................................................................... 44

4.7 Institutional Framework .............................................................................................................. 45

ANALYSIS OF PROPOSED SUB-PROJECT ALTERNATIVES ...................................48

5.1 Introduction ................................................................................................................................. 48

5.2 The ‘No Project’ alternative ........................................................................................................ 48

5.3 The ‘Yes Project’ alternative ...................................................................................................... 49

5.4 Alternative Location ................................................................................................................... 49

5.5 Alternative Design and Technology ........................................................................................... 49

PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATIONS .....................50

6.1 Overview ..................................................................................................................................... 50

6.2 Objectives of Public Consultation ............................................................................................... 50

6.3 Methodology ............................................................................................................................... 51

6.3.1 Public consultation questionnaires ......................................................................................................... 51

6.3.2 Public consultation meetings ................................................................................................................. 51

6.3.3 Consultation and Disclosure Outputs ..................................................................................................... 52

6.4 Suggestion made by the Participants .......................................................................................... 54

6.5 Community and Stakeholder Engagement .................................................................................. 54

ANTICIPATED IMPACTS AND MITIGATION MEASURES .......................................56

7.1 Introduction ................................................................................................................................. 56

7.2 Positive Environmental and Social Impacts ................................................................................ 56

7.3 Negative Environmental Impacts ................................................................................................ 58

7.4 Pre-construction and construction Phase: Project Impacts and Mitigation Measures................. 58

7.4.1 Potential loss of tree species .................................................................................................................. 58

7.4.2 Temporary land interference .................................................................................................................. 59

7.4.3 Encroachment into the catchment environment ..................................................................................... 59

7.4.4 Influx of workers from other areas ........................................................................................................ 59

7.4.5 Health Impact – Spread of COVID-19 amongst construction workers .................................................. 59

7.4.6 Social risk - Spread of COVID-19 amongst community members during consultations ...................... 61


v Comprehensive Project Report (CPR); Barsaloi Gravity Dam

7.4.7 Gender Based violence and Sexual Harassment .................................................................................... 62

7.4.8 Sexual Exploitation and Abuse (SEA) ................................................................................................... 63

7.4.9 Gender-based Violence (GBV) at the community level ........................................................................ 64

7.4.10 Dust emissions ................................................................................................................................... 65

7.4.11 Disturbances to existing stream ......................................................................................................... 65

7.4.12 Solid waste generation ....................................................................................................................... 66

7.4.13 Noise and Vibrations ......................................................................................................................... 66

7.4.14 Occupational health and safety issues ............................................................................................... 66

7.4.15 Negative cultural impacts .................................................................................................................. 67

7.5 Operation Phase: Project Impacts and Mitigation Measures ...................................................... 67

7.5.1 Downstream flow variations .................................................................................................................. 67

7.5.2 High reservoir carbon content ................................................................................................................ 67

7.5.3 Low hypolimnetic oxygen concentration ............................................................................................... 68

7.5.4 Long-term reservoir nutrient build-up ................................................................................................... 68

7.5.5 Potential risk of other reservoir disease vectors ..................................................................................... 68

7.5.6 Risk of dam failure ................................................................................................................................ 69

7.5.7 Potential water use conflicts .................................................................................................................. 69

7.5.8 Risk of increased water pollution from additional wastewater occasioned by increased water supply . 69

7.5.9 Increased agricultural activity ................................................................................................................ 69

7.5.10 Effect of the dam on climate change ................................................................................................. 70

7.6 Decommissioning Phase: Project Impacts and Mitigation Measures ......................................... 70

ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) .........................71

8.1 Introduction ................................................................................................................................. 71

8.2 Environmental and Social Management Plan (ESMP) ................................................................ 72

8.3 Environmental and Social Monitoring Plan ................................................................................ 89

CONCLUSION AND RECOMMENDATIONS ...............................................................91

9.1 Conclusion .................................................................................................................................. 91

9.2 Recommendations ....................................................................................................................... 91

REFERENCES ...................................................................................................................93

APPENDICES ...............................................................................................................................94

Appendix 1: Minutes of Consultative Meeting Held at the Child Fund Compound - Basalin Village,

Barsaloi Location ........................................................................................................................ 94

Appendix 2: List of Attendance .............................................................................................................. 98

Appendix 3: Key Stakeholders Consulted ............................................................................................ 100

Appendix 4: Sample of Filled Household Questionnaires .................................................................... 101

Appendix 5: Relevant Land Documents ............................................................................................... 133

A-5.1: Community Land Resolution/ Consent Form .................................................................................. 133

A-5.2: Chief’s Consent on Offer of Agricultural Land ............................................................................... 137

Appendix 6: Lead Expert’s 2021 Nema Practicing License ................................................................. 138

Appendix 7: Associate Expert’s 2021 Nema Practicing License .......................................................... 139

Appendix 8: Group Registration Certificate ......................................................................................... 140

Appendix 9: Group Pin Certificate ....................................................................................................... 141

Appendix 10: Approved Design Layout Drawings ............................................................................... 142

Appendix 11: NEMA License for Approval ......................................................................................... 146


vi Comprehensive Project Report (CPR); Barsaloi Gravity Dam

LIST OF FIGURES

Figure 2.1: Geographical location of Barsaloi Gravity Dam .......................................................... 6

Figure 2.2: Google earth insert of the project location ................................................................... 7

Figure 2.3: Potential periods for water harvesting and use within the year .................................. 10

Figure 2.4: The proposed design of the dam................................................................................. 13

Figure 2.5: The proposed layout of the dam ................................................................................. 14

Figure 2.6: The proposed structural components of the dam ........................................................ 15

Figure 3.1: Average rainfall and temperature distribution in Samburu County .......................... 20

Figure 3.2: Shrubs and trees.......................................................................................................... 21

Figure 3.3: Soil Types in Samburu County (European Soil Data Centre (ESDAC), 2019) ........ 23

Figure 3.4: Respondents Gender Distribution .............................................................................. 26

Figure 3.5: Age of Respondents.................................................................................................... 26

Figure 3.6: Respondents Age Distribution (years) ....................................................................... 26

Figure 3.7: Respondents Marital Status ........................................................................................ 27

Figure 3.8: Respondents with children below 18 years ................................................................ 27

Figure 3.9: Highest level of education attained by respondents ................................................... 28

Figure 3.10 Distance to the nearest school ................................................................................... 29

Figure 6.1: Public Participation Meeting - Barsaloi Location ...................................................... 52

Figure A.1: Mr. Lembara addressing the community in a public participation forum ................. 95

LIST OF TABLES

Table 2.1: Project Location ............................................................................................................. 6

Table 2.2: Water Sources Used by SAWASCO to Supply its Coverage ........................................ 9

Table 2.3: Water Sources and Access (Distance to the Nearest Water Points by Sub-County) ..... 9

Table 2.4: Calculated crop water requirement .............................................................................. 16

Table 2.5: Water requirement table .............................................................................................. 16

Table 2.6: Project Input................................................................................................................. 17

Table 2.7: Proposed Project Cost estimates .................................................................................. 18

Table 4.1 Policies, Plans and Strategies........................................................................................ 31

Table 4.2 Laws and Regulations relevant to the proposed project ............................................... 34

Table 4.3 Analysis of applicable World Bank safeguard policies ................................................ 41

Table 4.4 Multilateral Environmental Agreements ...................................................................... 44

Table 4.5 Key National Institutions in relation to proposed project ............................................. 45

Table 5.1: Dam selection criteria .................................................................................................. 49

Table 6.1: Stakeholder Consultative meeting key concerns ......................................................... 53

Table 7.1:Projected negative impacts at decommissioning stage ................................................. 70

Table 8.1: Environmental and Social Management Plan .............................................................. 72

Table 8.2: Environmental and Social Monitoring Plan ................................................................ 89

file:///C:/Users/user/Desktop/Barsaloi%20Dam/ESIA_CPR%20for%20the%20Proposed%20Barsaloi%20Earth%20Dam%20in%20Samburu%20County_29-03-2021.docx%23_Toc68453014






vii Comprehensive Project Report (CPR); Barsaloi Gravity Dam

LIST OF ACRONYMS AND ABBREVIATIONS

AfDB African Development Bank

AIDS Acquired Immune Deficiency Syndrome

ASAL Arid and Semi-Arid Lands

CIDP County Integrated Development Plan

CMS Convention on Migratory Species

COVID 19 Corona Virus disease 19

CPCU County Project Coordination Unit

CSA Climate Smart Agriculture

CSR Corporate Social Responsibility

DRSLP Drought Resilience and Sustainable Livelihoods Program

EAs Environmental Assessments

EIA Environmental Impact Assessment

EMCA Environmental Management Coordination Act

EMP Environmental Management Plan

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan

FGD Focused Group Discussion

GBV Gender Based Violence

GDP Gross Domestic Product

GHG Greenhouse Gases

GoK Government of Kenya

HIV Human Immunodeficiency Virus

IFC International Finance Corporation

KCSA Kenya Climate Smart Agriculture

Km Kilometers

Km2 Square Kilometers

KTBH Kenya-Top-Bar-Hive

m Meters

M Million


viii Comprehensive Project Report (CPR); Barsaloi Gravity Dam

m3 Cubic Meter

MEA Multilateral Environmental Agreements

MM Millimeters

mm Millimeter

MoALF&C Ministry of Agriculture, Livestock, Fisheries and Cooperatives

NEAP National Environmental Action Plan

NEMA National Environment Management Authority

PEPB Pest Control Products Board

PPE Personal Protective Equipment

RCC Reinforced Cement Concrete

SEA Sexual Exploitation and Abuse

SESA Strategic Environmental and Social Assessment

SH Sexual Harassment

SOP Standard Operating procedure

TIMPs Technology Innovation Management Practices

TOR Terms of Reference

UNFCCC United Nations Framework Convention on Climate Change

WHO World Health Organization

WRA Water Resources Authority

WSB Water Service Board


ix Comprehensive Project Report (CPR); Barsaloi Gravity Dam

EXECUTIVE SUMMARY

Introduction

This Comprehensive Project Report has been prepared to initiate the ESIA process of the

Construction of the Proposed Barsaloi Gravity Dam in Basalin Village, Barsaloi Location,

Samburu North Sub County; Samburu County. The proposed project is located in Basalin Village,

Barsaloi Location, Ang’ata Nanyekie Ward in Samburu North Sub County; Samburu County

The proposed dam will be placed right across a lagga through which runoff and superficial

groundwater would recharge the dam at Latitude 1.340892° S and Longitude 36.819764°, 1220

m above sea level.

The report presents the assessment findings in accordance with the Environmental Management

and Coordination act (EMCA) 1999, Environmental (Impact Assessment And Audit) regulations

and the EIA and audit guidelines. Water Pans are listed under schedule 2 of EMCA, 1999 (Revised

2015) and in legal notice no. 31 of April 30, 2019, that categorized water pans as low risks projects

among projects requiring an ESIA. The EIA Assessed the baseline environment condition and

predicated the possible negative impacts and mitigation measures and an environmental

management plan for the proposed project.

Project Justification

The proposed dam is informed by the need to address perennial water supply challenges the

surrounding community has been going through. Ground water has been deemed not sustainable

and also not environmentally friendly because it dries the underground (aquiver) thereby

destabilizing the recharge and discharge capacity of the area. Growth and development in the area

has been limited by lack of reliable source of water.

ESIA Methodology

Desk study and field investigations were conducted. The process included: collection of baseline

data to describe the status of the project site before project implementation commences; data

analysis and evaluation; public participation to the neighbouring communities and person that are


x Comprehensive Project Report (CPR); Barsaloi Gravity Dam

likely to be affected by the proposed project; and preparation of an ESIA Comprehensive project

report encompassing the details specified in the Environmental Impact Assessment/Audit

Regulations (2003) revised in 2015 and its subsequent amendments in 2019 vide legal notice No.

30 and 31.

Policy, Legal and Regulatory Framework

The Environmental Management and Co-ordination Act 1999 Revised in 2015, is the legislation

that governs ESIA preparation in Kenya. The Act is also supported by the AfDB's Environmental

Policy and standards on AfDB-funded projects, especially on community displacement and

resettlement. According to the 2nd schedule of Environmental Management and Coordination Act

(EMCA Cap 387) – amendment via legal notice no. 31 – April 2019, the proposed Barsaloi Gravity

Dam project lies within Category (1) Low Risk Projects which requires the development of

Comprehensive Project Report. Other key laws that have been reviewed include Water Act 2016,

Water Resources Management Rules 2006, Public Health Act 2012, Occupational Health and

Safety Act of 2007, Physical and Land Use planning act of 2019 among other national laws that

govern the management of environmental resources in the country have been discussed in this

report.

Public Consultation and Participation

Consultation and public participation have been undertaken to gather environmental data,

understand likely impacts, determine community and individual preferences, select project

alternatives and design viable and sustainable impact mitigation measures. More so the study also

collected views from the vulnerable groups within the project location, including women and

youth.

The consultant conducted key informant interviews with various stakeholders from the both the

County and National Government agencies as well as from the respective communities. Public

consultations with local community were held between 9th and 13th November 2020. Members of

the public were consulted through public participation meeting in order to gather their views on

various aspects as well as creating awareness on the proposed project. The members in attendance

were mainly the from Barsaloi community members surrounding the Proposed Gravity Dam in


xi Comprehensive Project Report (CPR); Barsaloi Gravity Dam

Barsaloi Location, Ang’ata Nanyekie Ward in Samburu North Sub County comprising elders,

women, youth and the local administration. The issues captured during this consultation have been

incorporated in chapter 6 and minutes attached in Appendix 1.

Project Impacts and Mitigation Measures

The main negative impacts include; human-wildlife conflicts, disturbance to the natural/hydrology

flow of water, risk of dam failure, occupational hazards of the dam posing risk to children/animals,

Air Quality Degradation/ Dust Emissions during construction, Spread of COVID-19, Loss of Flora

and Fauna, Effects on Landscape & Visual Intrusions among others.

The suggested mitigation measures include planting of trees near the earth dam embankment,

erection of a fence around the gravity dam, sensitization of residents to use toilets/improve

sanitation, provision of PPEs especially during construction, observing COVID-19 protocols,

adherence to occupational health and safety measures, contractor to ensure proper repair and

maintenance of vehicles and equipment to minimize exhaust gases and accidental spilling of oils

and lubricants observing community policing among others.

Environmental and Social Management Plan

The cost of implementing the Environmental and Social Management Plan (ESMP) will be Ksh,

945,000.00. Implementation of the pre-construction and construction Phase of the ESMP will cost

Ksh. 405,000 and should be included as part of construction cost and loaded into the contract. For

the annual operations a cost estimate of Ksh. 95,000.00 should be set aside for monitoring and

trainings, this should be spearheaded by the Barsaloi Community Conservation Project Group

and an estimated cost of Ksh. 445,000 for decommissioning phase is projected. Details of the

ESMP are in chapter 8 of this CPR.


xii Comprehensive Project Report (CPR); Barsaloi Gravity Dam

Conclusion and Recommendation

There was upmost acceptability and goodwill from the community living in the project area for

the proposed project. Some of the positive impacts identified by the community included; access

to clean water for domestic and irrigation purposes, Employment, increased development in the

area, capacity building and awareness campaigns benefits, improved skills from local workers,

Increased local incomes and Economic growth. Their key concerns were; opportunity for

employment for local labourers, water borne diseases, accidents, earth dam safety and associated

social immorality. Mitigation measures have been proposed for every negative impact raised in

construction, operation and decommissioning under the environmental and social management

plan (ESMP) for consideration in this various stage of the proposed project. The following are

some of the recommendations for the proposed project.

a) The mitigation measures proposed should be followed by the proponent as it is highlighted

in this comprehensive project report.

b) The design, construction and operation should be carried out in accordance to the specific

report for the proposed project.

c) A complete audit be undertaken by the proponent and submitted to NEMA every year after

commissioning of the project to ensure that all the proposed mitigation measures have been

complied with.

d) The social impacts raised during community participation should be followed.

In conclusion, the positive impacts outweigh the negative impacts. The listed negative impacts can

be corrected with the proposed mitigation measures and it is our recommendation that the proposed

project be allowed to proceed.


1 Comprehensive Project Report (CPR); Barsaloi Gravity Dam

INTRODUCTION

1.1 Project Background

The County Government of Samburu, through the Drought Resilience and Sustainable Livelihoods

Program(DRSLP), a project funded by the African Development Bank (AfDB), intends to support

resilience building in order to improve food security and nutrition of communities in ASAL areas

by helping the most vulnerable people strengthen their capacities to absorb, adapt, and transform

in the face of shocks and long-term stressors. A sustainable food system (SFS) is a food system

that delivers food security and nutrition for all in such a way that the economic, social and

environmental bases to generate food security and nutrition for future generations are not

compromised. This means that:

a) It is profitable throughout (economic sustainability);

b) It has broad-based benefits for society (social sustainability); and

c) It has a positive or neutral impact on the natural environment (environmental

sustainability).

The Proposed Barsaloi Gravity Dam project is part of the Drought Resilience and Sustainable

Livelihoods Program(DRSLP) in Samburu County. The proposed project site is located Basalin

Village, Barsaloi Location, Samburu North Sub County; Samburu County and targets to benefit

the community, livestock and wild animals living near the proposed dam location.

This ESIA project report presents the assessment findings in accordance with the Environmental

Management and Coordination Cap 387 and the Environmental Impact Assessment and Audit

(Amendment) Regulations 2019, AfDB's Environmental Policy and the Environmental Impact

Assessment and Audit Regulations 2003. The ESIA assessed the baseline environment condition

and predicated the possible negative impacts and mitigation measures and an Environmental and

Social Management Plan for the proposed project. Further, it has highlighted the relevant

legislation for the project and documented evidence-based baseline data on the project.



1.2 Project Objective

The main objective of the Barsaloi Gravity Dam is to provide a water reservoir aimed at improving

livelihoods of the Barsaloi Community through the provision of domestic drinking water,

enhanced small-scale irrigation, improved livestock farming through provision of access to water

for doestic and livestock use within the project location. The community’s objectives will be to

effectively contribute to the regional and national social-economic development in line with the

AfDB’s objectives.

The proposed dam will be placed across a lagga through which runoff and superficial groundwater

would recharge the dam.

1.3 Terms of Reference for the ESIA

The ESIA was undertaken in accordance with the requirements of the Government of Kenya in

conformity with the National Environment Management Authority (NEMA) guidelines following

the requirements of the Environmental Management and Coordination Act (EMCA), 1999

(Revised 2015 and 2019) which makes it mandatory for such projects to undergo ESIA process.

1.4 Study Approach and Methodology

The study approach and methodology for this exercise were structured such as to cover the

requirements under EMCA, 1999 (Revised 2015) as well as the ESIA/Audit regulations as

stipulated under the Gazette Notice No. 56 of 13th June 2003.

The expert reviewed the available project documents including the detailed design documents, to

understand the project background and its context. It involved largely an understanding of the

project background, the preliminary designs, and the implementation plan as well as

commissioning. Besides, baseline information was obtained through physical investigation of the

site and the surrounding areas, public consultation (which included FDGs with local

administration, community, and elders; see Appendix 1 for Minutes of Consultative Meetings

which was held in Basalin Village and Appendix 2 for Attendance List During Public

Participation). The consultant also held discussions with the Proponent among other key



informants. Ten questionnaires were administered and all were filled and returned. Sample of the

filled questionnaires have been attached in Appendix 4 of this report.

The key activities undertaken during the assessment include:

a) Literature Review: A detailed review of available documentation;

b) Consultations with the Proponent regarding the proposed project details, the site planning

and implementation plan;

c) Interviews and consultations (Public Participation) with the local community

surrounding the water pan as well as representatives of various organizations;

d) Site inspections/observation/analysis of the proposed site;

e) Evaluation of the activities around the site and the environmental setting of the wider

area through physical observations as well as from existing information in literature; and

f) Reporting, review and submissions.

1.5 ESIA Steps Followed

Below is a typical outline of the basic ESIA steps that were followed during this assessment:

1.5.1 Environmental Screening

This is the first stage when the proposed project was evaluated guided by EMCA 1999 (Revised

2015). In screening, we checked whether or not a particular project falls within a category that

requires an ESIA before commencement. According to schedule 2 of EMCA, 1999 (Revised 2015)

and in legal notice no. 31 of April 30, 2019 (1c), community water projects are categorized as low

risks projects among projects requiring an ESIA.

In addition, screening was done in accordance with the World Bank environmental and social

safeguards which informed the ESIA process. Some considerations during the screening process

included physical site location, environmental sensitivity of the areas surrounding the proposed

site, nature of community and social activities in the project area.



1.5.2 Desk Study

Documentation review provided an understanding of the terms of reference, environmental and

social status, demographic trends, land-use practices, development strategies and plans as well as

the policy and legal documents.

1.5.3 Field Assessment

With the background obtained from preliminary visits, discussions and documentation, the

proposed project site was comprehensively evaluated and the stakeholders, local and regional

administration and the community were interviewed. The proposed development was evaluated to

establish the physical environment status, social and economic trends. The field assessment was

also designed to establish potential positive and negative impacts through interviews, discussions

and physical observation.

1.5.4 Study of Baseline Conditions

Physical inspections and observations constitute the exercise for collecting baseline information.

Fifteen Household Questionnaires were also administered.

1.5.5 Public Consultations

Two key approaches were used for the public consultation process entailing public meetings and

key informant interviews with identified key stakeholders. A public meeting was successfully held

on 3rd November 2020 at Basalin Village where 19 participants attended (see Appendix 2).

Meetings with relevant key stakeholders and consultations with the local community were

undertaken on 4th Novermber 2020 through administration of key informant interviews (KIIs) in

their respective offices in Maralal - Samburu County to establish the general public opinion with

respect to the project, however, due to the Covid-19 regulations, some interactions were only

limited to phone call discussions. The final approach was the admission of questionnaires where

ten were successfully filled and returned.



Among the major issues addressed included social, economic benefits, values of the project and

compatibility with other undertakings in the area as well as any other perceived impacts of the

project to the welfare of the people.

1.6 ESIA Scope

The scope of activities for this assessment entailed the following:

i. Description of the proposed project

ii. Description of the physical, biological and social environment

iii. Description of pertinent Legislative and Regulatory Considerations

iv. Determination of the Potential Environmental Impacts of the Proposed Project

v. Analysis of the occupational health and safety concerns

vi. Development of environmental and social management plan to mitigate negative impacts

with a decommissioning plan

vii. Development of the ESIA monitoring plan



PROJECT DESCRIPTION

2.1 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



Figure 2.2: Google earth insert of the project location

2.2 Water Situation in Samburu

The government has been trying to promote water availability through establishment of large-scale

water projects. Most of these projects target to supply water to the main towns and cities, any other

water project-initiated targets domestic use. Water supply projects in Kenya have involved the

collaboration of national government, county government, donors, private sector as well as

individuals. The government has allowed other development partners to chip in, with the

government providing a more conducive environment. This has led to new ideas being adopted

where the mostly accepted has been the rainwater harvesting currently being incorporated in water

supply systems. There is an experience of sufficient water during rainy season and scarcity during

dry period. To address this rain water harvesting is providing a greater potential.

Adoption of 50 liters per person per day as basic water requirement is fundamental (Gleick, et al,

1996). Since WHO/UNICEF also confirms that though they recommended 20 liters per person per

day from a source within one kilometer (Horward et al, 2003), they did not mean this amount is

sufficient. From the above and basing on 2015 population which has been growing at the rate of

6% per annum in Samburu County, current water demand stands at 15,985.4 m3 per day. The

population of the livestock is equally high. One sheep needs 2 liters, goat needs 2.2 liters, camels

need 20 liters and cattle need 20 liters per day (King, 1983; McGregor, 2004 and Markwick, 2007).

Per unit livestock is slightly high (Peden, et al, 2007).



Samburu County has one major river, which is found to the south eastern side, this is river Ewaso

Nyiro, and the rest are seasonal rivers mainly stretching from the upper areas of the County to the

lowlands. Leroki plateau is drained by Amaya stream through Baringo area. Most natural springs

which dry up in few Kilometers originate from mountain ranges and rock outcrops. They are

common in Tuum, South-Horr, Ngilai, Lulu, Arsim, Wamba. Kitich, Amaya, Suguta-Marmar,

Margwet, and Baawa areas. As at present Samburu has serious water deficit with very few water

reservoirs in place. All these yields amount of water which cannot support the entire population

especially when it comes to incorporating irrigation demands and other water users. Table 2.1

shows water demand by livestock and households in Samburu currently. From the Water

Resources Management rule of (WRMA, 2012); it is demanded that water for irrigation is exposed

to efficient use as per crop water requirements in the area, otherwise referred as water saving

techniques.

2.2.1 Water Resources

Samburu is generally a water scarce County. The county has two permanent rivers. There are 35

protected springs and 104 boreholes. Households with piped water are 17,133 while 5,500

households have access to potable water. There are many dams and many surface dams. The

county also depends on shallow wells, unprotected springs and as well as roof catchment.

However, in the entire county, only 13.5% of the population has piped water. Water quality in the

county is generally poor with most surface water and shallow wells not protected hence

contamination may occur. Human habitation is common along Catchment areas, lack of proper

sanitation and sewerage services in the major urban centres are the main causes of water

contamination. The county has inadequate data for both domestic and agricultural use.

2.2.2 Water Supply Schemes around the Project Area

Water in major urban centres in the County is supplied and managed by the Samburu Water and

Sanitation Company (SAWASCO) in collaboration with the county water directorate. The major

urban Water Supply Schemes are; Maralal, Suguta Marmar, Kisima, Baragoi, Wamba and Archers

Post. The number of households connected with piped water has increased from 2,451 to 3,069



since the year 2013. In order to supply water to its target population in urban centres, SAWASCO

relies on the following water sources: One Earth Dam, Three Springs, and 6 Boreholes, which

serves and estimated population of 75,214 people. The table below shows water sources used by

SAWASCO to Supply its coverage area include;

Table 2.2: Water Sources Used by SAWASCO to Supply its Coverage

S.NO. Centre Demand (M3

/D)

Current

Supply (M3/D)

Deficit (M3/D) Connections

1 Maralal 4,500 1000 3,500 1200

2 Wamba 2,500 700 1,800 500

3 Archers Post 3,000 700 2,300 700

4 Baragoi 1,500 200 1,300 155

5 Suguta Marmar 500 100 400 110

6 Kisima 500 100 400 500

Totals 12,500 2,800 9,700 2,765

Source – SAWASCO

Table 2.3: Water Sources and Access (Distance to the Nearest Water Points by Sub-County)

Information Category Statistics

Households with access to piped water 2,765

%age population with access to safe water 39.48%

No. of permanent to semi-permanent rivers 2

No. of shallow wells 141

No. of protected springs 35

No. of unprotected springs 37

No. of dams 215

No. of earth dams 5

No. of boreholes 186

Households with roof catchment systems 9,800

Mean distance to nearest permanent water point ( 5 Km



2.2.3 Water management (Institutions, Measures for Sustainable Use etc.)

Major rehabilitation and augmentation were carried out in all the water supplies now under

SAWASCO and are currently operational with minimum setbacks. Rural water supplies across the

County are managed by respective water management committees. Water resource management

at the national level is the responsibility of Water Resource Authority (WRA) as stipulated in the

reviewed Water Act of 2016. The Act also established a local community institution, Water

Resource User Associations, which will work with WRA to manage water resources at the grass-

root level. The county in partnership with WRA has established Eight (8) WRUA’s to support

management of water resources

2.3 Current Water Needs by Various Sectors in Samburu County

Proper management is important to help augment rainfall. In Samburu, water has been used for

crop production in extremely low amounts with few irrigation projects coming up. To increase

land under production, rain water harvesting can be done in the months of April to July and again

in the months of October to December. In the month of January to March Samburu county

experiences dry spell, which reoccur again in the month of August to October though mild. In this

period, the stored water becomes handy. Fig. 2.3 shows rainfall distribution in Samburu and the

potential months for water harvesting.

Figure 2.3: Potential periods for water harvesting and use within the year



2.4 Water harvesting situation in Samburu

80% of Kenya is arid and semi-arid (Marshall, 2011) thus, reliable supply of water has constrained

development and therefore securing reliable fresh water supply is critical. This need prompted the

establishment of water bill 2014 in Kenya which sought to establish national water harvesting and

storage authority to address the challenges (Kenya Gazette Supplement No. 27, 2014). Rainwater

harvesting from runoff is being practiced in some arid and semi-arid counties of Kenya which

include Machakos, Makueni, Laikipia, Kajiado, Narok, Kilifi, Kitui and Northern Kenya counties;

with good results observed in Machakos. Some Counties do rock catchment, roof catchment,

ground catchment and Gravity dams (Maingi, 2001), all of which are used either for domestic,

livestock consumption, tree nurseries or small-scale irrigation. In-situ water harvesting as well as

conservation tillage has also been adopted. This is used either in form of supplemental, spate or

in-situ water irrigation systems (Malesu et al, 2007).

2.5 Project Design Details

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.

2.5.1 Design of the retaining wall wall

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 4.5m

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.



2.5.2 Design Drawings

Figure 2.4: The proposed design of the dam



Figure 2.5: The proposed layout of the dam



Figure 2.6: The proposed structural components of the dam



2.6 Water Requirement

Working with red loamy soil, the following water requirement is found, and considering tomato as a

reference crop.

Table 2.4: Calculated crop water requirement

Month Decade Stage Kccoeff ETc

mm/day

ETc

mm/dec

Etc Eff rain

mm/Dec

Irr.

Req.

mm/Dec

Sep 1 Init 0.4 1.54 12.3 12.3 9 1.1

Sep 2 Init 0.4 1.49 14.9 29.8 7.3 7.6

Sep 3 Deve 0.48 1.64 16.4 49.2 15.5 0.8

Oct 1 Deve 0.72 2.17 21.7 21.7 27.2 0

Oct 2 Deve 0.95 2.56 25.6 51.2 35.2 0

Oct 3 Mid 1.1 2.56 28.2 84.6 33.8 0

Nov 1 Mid 1.1 2.16 21.6 21.6 32.5 0

Nov 2 Mid 1.1 1.76 17.6 35.2 32.8 0

Nov 3 Mid 1.1 1.62 16.2 48.6 27.1 0

Dec 1 Late 0.93 1.25 12.5 12.5 19.9 0

Dec 2 Late 0.56 0.67 6.7 13.4 14.4 0

Dec 3 Late 0.35 0.46 0.5 1.5 1.2 0.5

Total 194.2 381.6 255.9 10

Calculating for livestock and human, the water demand is as shown in the table below

Table 2.5: Water requirement table

Consumer

Population

Water

requirement

Total per day in liters

Human 2,313 50 115,650

Cattle 7,720 20 154,400

Sheep 5,790 2 11,580



Goats 7,720 2 15,440

Camel 1,930 20 38,60

Total water day demanded per 335,670

In a day a total of 335.7m3, assuming 20% of this will be extracted from the area since the grazing area is

far from the site, which gives 67.14m3 per day for livestock and human. Total water required per day=

(15.9+67.14) m3 = 83.04m3

2.7 Project Input

The material input for construction of the proposed concrete gravity water dam is as indicated on the table

below.

Table 2.6: Project Input

Component Activities Materials Equipment

Site

Preparation

Site clearing (removing of

vegetation)

none Tractors, loaders,

Shovels,

Excavation

Works

Excavation works to desired

depth

none Excavator, shovels,

tippers

Levelling and compaction none Soil Compactor

Embankment (optional) Soils and other materials

to engineer’s

specification

Excavator, tippers

Weir (Dam

wall)

Erecting concrete wall fitted

with necessary water

infrastructure (spillway and

intake pipes)

-Reinforced Concrete to

engineer’s specification

-Steel bars, Sand, cement,

ballast

Manual Equipment

Walkway Constructing 2-meter

walkway at the

(Crest/Topside of the weir)

Guard rails Manual equipment

and tools &

Welding machines

Pipe Network Installing pipes Intake pipe- DN200 steel

pipe

Manual equipment,

lifting crane/

tractor



Perimeter

fence

Erecting a fence securing the

dam site

Poles, Barbed wires, nails Manual equipment

Landscaping Rehabilitating the project

site, levelling, planting of

vegetation (trees, flowers)

Jembes, pangas, tree and

flower seedlings,

pavements blocks-cabro

Manual equipment

2.8 Project Cost

This project is estimated to cos Kenya shillings forty-three million (KSh 43,000,000), and is

broken down as shown in the table below:

Table 2.7: Proposed Project Cost estimates

S/N Summary Cost

1. Bill No. 1 Preliminaries 2,500,000.00

2. Bill No 2: Sub Structures 760,000.00

3. Bill No 3. Superstructure 35,333,800.00

4. Bill No. 4: Water Abstraction 454,000.00

Total 39,047,800.00

5. CONTINGENCY-10% Of Total 3,904,780.00

Grand Total 42,952,580.00

2.9 Project Output

The following will be the main outputs resulting from implementation of the proposed project:

a) Waste Output

i. Site clearance wastes;

ii. Domestic waste/ Waste associated with workers;

iii. Metallic wastes;

iv. Containers (plastic/papers);

v. Wooden pallets;

vi. Broken culverts; and Concrete wastes mortar among others

b) Other Outputs Include

i. Noise emissions from construction machinery, motor vehicles, among others; and



ii. Air emissions from machinery (Carbon Dioxide (CO2), Carbon Monoxide (CO), Nitrogen

Oxide (NOx), Nitrogen Dioxide (NO2), PPM etc.)

2.10 Project Site and Land Ownership

The community owns the project land.

2.11 Cultural and Historic Sites

There are no cultural or historically important sites within the project influence area and therefore

the proposed dam is bound to have no adverse impacts on the cultural aspects of the neighboring

community.

2.12 Local Land Uses

The project area lies on a piece of land located on a community land on a near-semi-arid region.

The proposed project is compatible with the local land uses because there are other existing small-

scale farming and irrigation activities in the area. There have not been recorded any negative

impact from the prevailing irrigation activities. Secondly, it is important to note the water path is

a dry valley that drains water during the rainy season from the hills. There are no major water

bodies downstream and the watercourse remains dry during the dry months (9 months in a year).

Adequate safety measures have been proposed to secure the dam and walkway that will be at the

crest/ atop the weir. The foundation area is by a big percentage rocky. The concrete wall would also

bond well with the rock as well as provide an overflow spillway without incurring huge costs and

this was attested by design engineers.



BASELINE CONDITIONS

3.1 Physical Environment

3.1.1 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 3.1: 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.

3.1.2 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 3.2: Shrubs and trees



3.1.3 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.

3.1.4 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

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.

3.1.5 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).

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



3.1.6 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.

3.1.7 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.

3.1.8 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.

3.1.9 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.

3.1.10 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.

3.2 Socio-Economic Survey

The objective of the project is to provide the community with water for domestic and livestock

use. The proposed project will have a direct impact on people’s life since there is no reliable

water source nearby.

During the ESIA study, questionnaires were filled and returned. This section gives an analysis

of the findings from the socio -economic data surveyed.

3.3 Demographics Data

a) Gender

Majority (80%) of the respondents interviewed were male whereas 20% were females. In terms

of age, most respondents 38% were aged between 46-60yrs followed by 36-45 years who were

33%. Those aged between 26 -35 were 14% while those above 60 years were 10%. Only 5% of

the respondents were aged between 18 -25 years. Figure 3.4 and 3.5 below shows gender and

age distribution respectively.



b) Age

Figure 3.5: Age of Respondents

Figure 3.6: Respondents Age Distribution (years)

Figure 3.4: Respondents Gender Distribution



d) Marital Status

When the respondents were asked to state their marital status, majority of the respondents 85%

stated married, 10% of the remaining respondents had never married while the rest 5% had were

divorced. None of the respondents indicated having been separated or widowed. Figure 3.7

shows the respondents marital status.

Figure 3.7: Respondents Marital Status

From socio-economic data analysis, majority of the married respondents (75%) had children below

18 years while the rest 25% had no children in the bracket of age. Figure 3.8 below shows the

percentage of those with children below 18 years.

Figure 3.8: Respondents with children below 18 years



3.4 Education Levels

Education is essential for development and plays a key role in the realization of our national

goals. Our findings on education levels of the people are presented in Figure 3.9. Majority of

respondents 67% had attained high school education, 13% had attained basic primary education

followed by 10% attaining college. It was also observed that 5% had attended pre-primary

where the 3% had attended adult education and the rest 2% had never received any form of

education.

When the respondents were asked to state how much time they take to access the nearest school

from their homesteads, a majority 60% indicated less than 20 minutes. This indicates that the

schools were less than a kilometer away. It was however observed that 30% of the respondents

took between 21 to 40 minutes while the remaining 10 % took between 41-60 minutes to get to

the nearest school. This is presented in Figure 3.10.

Figure 3.9: Highest level of education attained by respondents



3.5 Housing Structure

The standard and quality of dwelling places are manifestations of economic growth and

development. The types of houses in the proposed project area comprised of temporary/semi-

permanent houses mostly with mud walls and iron roofed.

It was observed that the 70% of the respondents lived in semi-permanent houses followed

closely with 25% of the residents living in permanent houses. Only 5% of the respondents live

in temporary houses.

In terms of housing materials, majority (71%) of respondents had wood and mud walls, 19%

had stones and cement done, while 10% had done their walls on iron sheet. This figure indicates

why most houses were semi-permanent.

Figure 3.10 Distance to the nearest school



NATIONAL POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

4.1 General Overview

Sustainability is achieved through a well-managed environment. This is achieved by the Kenya

Government’s (GOK) environmental policy. The policy highlights and gives a clear sustainable

environmental development that seeks to achieve sound environmental management without

compromising the future resource. There is a growing concern in Kenya and at a global level that

many forms of development activities cause damage to the environment and the community.

This chapter highlights the Constitution of Kenya, relevant National Environmental Policies,

National Strategic Plans, Legislations and pertinent regulations and Multilateral Environmental

Agreements (MEAs) relevant to the proposed project in Samburu North Sub-County, Samburu

County.

4.2 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.

4.3 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 4.1 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:

➢ 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

Strategy 2010-

2020

Agricultural Sector Development Strategy 2010-2020 is the overall

national policy document that guides all agricultural stakeholders and

ministries in Kenya. It outlines the characteristics, challenges,

opportunities, vision, mission, strategic thrusts and the various

interventions that the ministries will undertake to propel the agricultural

sector to the future.

The policy document advocates for improved management of the

environment and natural resources, improved environmental conservation

and improved pollution and waste management.

The proposed 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.

4.4 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 4-2).

Table 4.2 Laws and Regulations relevant to the proposed project

Laws and

Regulations

Key areas of application / Permit / license Requirements

Environmental

Management

and

Coordination

Act (EMCA,

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

▪ Environmental Impact Assessment under the EMCA Cap 387 Act is

guided by the Environmental Impact Assessment (Assessment and



(Assessment

and Auditing)

Regulations,

2003 and

subsequent

amendments

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

Environmental

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 gravity

dam will be confined.

Environmental

Management

and

Coordination

(Waste

Management)

Regulations,

2006

▪ These Regulations are meant to streamline the handling, transportation

and disposal of various types of waste.

▪ The aim of the Waste Management Regulations is to protect human

health and the environment. Currently, different types of waste are

dumped haphazardly posing serious environmental and health concerns.

The regulations place emphasis on waste minimization, cleaner

production and segregation of waste at source.

The Proponent shall observe the guidelines as set out in the environmental

management plan laid out in this report as well as the recommendation

provided for mitigation /minimization /avoidance of adverse impacts arising

from the Project activities.

Environmental

Management

and

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 ESM&MP, to ensure noise reduction.

Environmental

Management

and

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

▪ 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.

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.

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,

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



4.5 World Bank Environmental Safeguards

The following World Bank environmental safeguards (Operational Policy (OP) /Bank Procedure

(BP)) will guide the proposed project (table 4-3).

Table 4.3 Analysis of applicable World Bank safeguard policies

World Bank Safeguard Policy / brief Applicable Remarks

Environmental Assessment (OP4.01)

The objective of this policy is to ensure that Bank-

financed projects are environmentally sound and

sustainable, and that decision-making is improved

through appropriate analysis of actions and of

their likely environmental impacts.

Yes Project must undergo an

environmental impact

assessment.

The Proposed Gravity Dam

project falls under Category

B hence the need to prepare

an Environmental and Social

Impact Assessment.

Natural Habitats (OP 4.04)

OP 4.04 prohibits projects, which would lead to

significant loss or degradation of any critical

natural habitats, whose definition includes those

natural habitats, which are legally protected,

officially proposed for protection, or unprotected

but known to have high conservation value.

They comprise many types of terrestrial,

freshwater, coastal, and marine ecosystems

including areas slightly modified by human

activities, but retaining their ecological functions

and most native species

No Project does not interact

with Natural Habitats areas.

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.



Forestry (OP 4.36)

This policy is applicable whenever any Bank-

financed investment project (i) has the potential to

have impacts on the health and quality of forests or

the rights and welfare of people and their level of

dependence upon or interaction with forests; or (ii)

aims to bring about changes in the management,

protection or utilization of natural forests or

plantations

No Project does not affect

forests

Pest Management (OP 4.09)

In assisting borrowers to manage pests that affect

either agriculture or public health, the Bank

supports a strategy that promotes the use of

biological or environmental control methods and

reduces reliance on synthetic chemical pesticides.

In Bank-financed projects, the borrower addresses

pest management issues in the context of the

project's environmental assessment

No Project has no known

interaction with OP 4.09. No

pesticides are anticipated to

be used.

Physical Cultural Resources (OP 4.11)

This policy provides guidelines for the

preservation of cultural property and seeks to

avoid their elimination, otherwise mitigation

activities should be undertaken to limit the adverse

impacts as far as possible. The objective of this

policy is to assist countries to avoid or mitigate

adverse impacts of development projects on

physical cultural resources. The cultural interest

may be at the local, provincial or national level, or

within the international community.

No Site visits and inventories

have not identified any

presence of any cultural

(historical, archaeological)

sites in the project area.

Project will not affect areas

of cultural and religion

importance.

Indigenous Peoples / Vulnerable and

Marginalised Groups - IPs/VMGs (OP4.10)

These principles of OP4.10 align well with those

enshrined in Kenya’s policy instruments regarding

the VMGs. It contributes to the World Bank’s

mission of poverty reduction and sustainable

development by ensuring that development

processes fully respect the dignity, human rights,

No There are no indigenous

communities identified

within the project site. The

main ethnic group in the area

are the Samburu who are not

categorized as IPs.



economies, and cultures of indigenous people.

Before lending, the World Bank requires that the

borrower engages the IP/VMGs in free prior and

informed consent (FPIC) to secure broad

community support to the project by the affected

IP. This ensures that financing is inclusive of

measures to avoid potentially adverse impacts on

the indigenous communities and that benefits

accruing from the projects are gender sensitive,

inter-generationally inclusive and culturally

appropriate.

Involuntary Resettlement (OP 4.12)

The objective of this policy is to:

▪ Avoid or minimize involuntary resettlement

where feasible, exploring all viable

alternative project designs;

▪ Assist displaced persons in improving their

former living standards, income earning

capacity, and production levels, or at least

in restoring them;

▪ Encourage community participation in

planning and implementing resettlement;

and

▪ Provide assistance to affected people

regardless of the legality of land tenure.

No The sub project site is on

the Barsaloi Community

Conservation Project’s land

reserved for the dam

project.

The land set aside for the sub

project is not inhabited thus

the project will not result in

any displacement.

Safety of Dams (OP 4.37)

The safeguard policy on dams’ states that, for the

life of any dam, the owner is responsible for

ensuring that appropriate measures are taken and

sufficient resources provided for the safety of the

dam, irrespective of its funding sources or

construction status.

Yes Project will involve

construction of a gravity

dam

Projects on International

Waters (OP 7.50)

No Project activities do not

involve International Waters



As early as possible during identification, the Bank

advises the state proposing the project on an

international waterway (beneficiary state) that, if

it has not already done so, it should formally notify

the other riparian’s of the proposed project giving

available details.

Projects in Disputed Areas

(OP 7.60)

The presence of any territorial dispute affecting a

proposed Bank project is ascertained as early as

possible and described in all project documents

starting with the initial Project/Program

Information Document

No There are no internationally

disputed sites in the project

area.

4.6 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 4-4).

Table 4.4 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.

The proposed project should ensure all activities and development plans

are undertaken in line with the provisions of the Convention aimed at

stabilizing greenhouse gas concentrations in the atmosphere.

Rio Declaration

on Environment

and

Development

▪ The Rio Declaration on Environment and Development, often shortened

to Rio Declaration, was a short document produced at the 1992 United

Nations "Conference on Environment and Development" (UNCED),

informally known as the Earth Summit.



▪ The declaration aimed at establishing a new and equitable global

partnership through the creation of new levels of co-operation among

States, key sectors of societies and people, working towards

international agreements which respect the interests of all and protect

the integrity of the global environmental and developmental system,

recognizing the integral and interdependent nature of the Earth, our

home.

▪ The Rio Declaration consisted of 27 principles intended to guide

countries in future sustainable development. It was signed by over 170

countries.

Principle 17 of the Rio Declaration provides key relevance to the proposed

project; the principle denotes that environmental impact assessment as a

national instrument shall be undertaken for proposed activities that are

likely to have a significant impact on the environment and are subject to a

decision of a competent national authority.

Sustainable

Development

Goals (SDGs)

▪ The Sustainable Development Goals (SDGs) are a new, universal set of

goals, targets and indicators that UN member states will be expected to

use to frame their agendas and political policies over the next 15 years.

The SDGs include 17 Sustainable Development Goals and 169 targets.

In specific, the project will help significantly in the realization of a number

of Sustainable Development Goals including SDG 1 (No poverty) SDG 2

(Zero Hunger) and SDG 8 (Productive employment and economic growth)

by opening new employment opportunities in the area. The project will also

support SDG 13 (Climate action) by reducing agricultural GHG emission.

4.7 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 4-5

below.

Table 4.5 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.

➢ 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 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.



ANALYSIS OF PROPOSED SUB-PROJECT ALTERNATIVES

5.1 Introduction

The environmental management plans proposed for the entire project cycle are considered

adequate to mitigate the identified potential negative environmental and social impacts. However,

it is important to analyze the possible alternatives to the project to inform decision making by

relevant government agencies and improve the environmental performance of the project. For the

proposed project, four alternatives are feasible as follows;

• The ‘No Project’ alternative

• The ‘Yes Project’ alternative

• Alternative Location

• Alternative Design and Technology

5.2 The ‘No Project’ alternative

Under this alternative the project will not be implemented and hence the status quo will be retained.

This alternative represents the ideal mitigation measure for the negative environmental and social

impacts as they will not occur as a result of the project. The No-Project option will also lead to

negative and long-term impacts to Barsaloi community including:

• Lack of water for domestic use;

• Lack of water for livestock leading to low productivity, low income and increased levels

of poverty;

• Conflict due to limited water resources;

• Human-wildlife conflicts

• Lack of water for crop irrigation;

• No employment and business opportunities will be created and;

• Development of infrastructural facilities (roads and associated infrastructure) will not be

undertaken.

The No Project alternative is therefore not a viable alternative as the proposed Barsaloi Gravity

Dam will provide water for domestic use, livestock watering and used for irrigation purposes.

These will improve the livelihoods of the community and reduce poverty at the same time.



5.3 The ‘Yes Project’ alternative

This alternative envisions that the proposed project will be implemented as proposed in its entirety.

It is the best alternative in mitigating the potential loss of benefits to the proponent, the community

and the Government of Kenya. In addition, the project will improve the development to Barsaloi

Community and Samburu North Sub County at large.

5.4 Alternative Location

An alternative site could be considered for the proposed gravity dam if the proposed project would

present serious environmental challenges that cannot be reasonably and effectively managed.

However, the proposed mitigation measures are considered adequate to minimize the impacts to

levels that do not warrant significant environmental damage. Additionally, the proposed site is

considered suitable as it has sufficient and substantial bedrock and contributing catchment area.

Hence, this alternative is not considered viable.

5.5 Alternative Design and Technology

The proponent would also have opted to adopt alternative quarrying dam methods and technology.

Quarrying methods are classified differently. There are various alternatives to gravity dams that

were considered to include but not limited to concrete dams, rock-fill dams, sand dams and sub-

surface dams. The table 5-1 below shows some of the criteria employed in selecting the proposed

option.

Table 5.1: Dam selection criteria

Selection criteria Gravity

dam

Concrete

dam

Sand dam Sub-surface

dams

Availability of local materials +++ + + +

Handling of construction material +++ + + +

Foundation condition +++ ++ ++ +

Cost of construction +++ + ++ +

Total 12 5 6 4 Key; + is a comparative score where; each + is a positive core.

From the selection criteria in Table 5.1, the best alternative appeared to be the gravity dam for the

proposed project site owing to its comparably lower cost, ease of obtaining construction material

and its ability to be applied on non-rocky foundation.



PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATIONS

6.1 Overview

Public consultation is not only one of the most effective means of encouraging and obtaining

community input and feedback, it also serves to inform the community members and key

stakeholders on the proposed projects. One public participation meeting was held around

proposed project area and its environs to discuss the proposed project (see appendices 1 and 2

for consultation minutes and attendance list). Key stakeholders were also consulted through key

informant interviews (See Appendix 3). The aim of the consultation was to ensure that the views

of stakeholders and the interests of the communities were identified and taken into account at

the earliest during the ESIA study. Local communities were mobilised with the help of the

National, County and local administration. The public meetings brought together

representatives from the larger community including women and youth (see appendices 1 and

2 for minutes and list of stakeholders consulted respectively) This chapter summarizes the

feedback on the consultations undertaken with other governmental and non-governmental

organizations including the Ministry of Agriculture, Livestock & Fisheries (MOALF), National

Environment Management Authority (NEMA), Water Resources Authority (WRA) and the

local Administration.

6.2 Objectives of Public Consultation

The objective of the public consultation was to ensure that stakeholder and community interests

were identified during the ESIA process and that stakeholder and community views were taken

into account. The key objectives of such consultations were to.

• Inform the community members and key stakeholders on the proposed project activities.

• Receive community and key stakeholders’ comments/ feedbacks/ questions about the

proposed project.

• Solicit their views and inputs on the possible adverse environmental and social impacts,

and possible mitigation measures. Additionally, it also aims to identify community

concerns and provide a forum to discuss and address these.



6.3 Methodology

Public participation for the proposed project was conducted through the public consultative

meetings and admission of questionnaires to allow for systematic understanding and interaction of

the project beneficiaries, neighbours, local community members/surrounding enterprises and any

other would be affected/interested parties.

6.3.1 Public consultation questionnaires

ESIA questionnaires were administered, to gather information from key stakeholders and the

members of the public. This was done using structured questionnaires to assess the environmental

and socio-economic views of the respondents. A total of 10 questionnaires were administered in

the project area. Filled questionnaires administered in the project area are appended to this report

(Appendix 5)

6.3.2 Public consultation meetings

In seeking the views of the key stakeholders, and any other would be affected/interested parties

the consultant organized a consultative meeting targeting mainly Barsaloi Community

Conservation Project Group and community members surrounding the Proposed Gravity Dam in

Barsaloi Location comprising elders, women, youth and the local administration. The

Environmental Lead Experts and the Sub County Environmental Officer were in attendance during

the meetings that took place on 3rd November 2020. The meeting was used to publicize the

proposed the Proposed Barsaloi Gravity Dam and the anticipated effects and benefits. Prior to the

meeting, a stakeholder mapping was carried out to identify key stakeholders to be invited for the

meeting. Stakeholders that were directly affected by the proposed project were critically analysed

in consultation with the proponent.

The table 5-1 below presents a summary of the participants of the public consultative meetings.

The list of participants is appended to this report (Appendix 2).



Presentation of the project scope was outlined, after which an open discussion forum followed

during which all pertinent issues were raised and agreed upon with all stakeholders. During the

public participation meeting, stakeholders had a chance to interact with the proponent represented

by the EIA expert and ministry of agriculture officials at county and sub-county level. The findings

are incorporated into this report and captures the issues, suggestions, concerns and

recommendations from public meetings on site. The meetings were well attendend and the

attendees participated actively during the meetings (Figure 6-1).

Figure 6.1: Public Participation Meeting - Barsaloi Location

6.3.3 Consultation and Disclosure Outputs

The Appendices present the information on the public consultations undertaken under the

environmental impact assessment for the proposed pigeon peas value addition project. This

information includes selected responses as detailed in the minutes (Appendix 1 and 2). It was

noted that members lauded the project and were eager to see the start of the project. However,

there were a few areas that the members sought clarity. A summary of the key concerns raised by

the participants is provided in table 6-2 below:



Table 6.1: Stakeholder Consultative meeting key concerns

Comments Stakeholder

1. Positive Impacts Anticipated

Nadaad David Lenanyekie:

• The project would provide drinking water for livestock.

• Improved income through farming/small farms. Animal

production would also be boosted.

• Availability of water would ensure time conservation for

the project beneficiaries reducing time taken to fetch for

water.

Samuel Lesiyempo:

• Projected that the construction dam will greatly reduce the

human-wildlife conflict in the area, since at the moment the

few available water sources in the area are prone to such

conflicts.

• The project would make it possible for the establishment

of kitchen gardens and this would promote sustainability

and improved nutrition.

• During construction and operation of the project, a lot of

youth would be given some casual jobs and also be able to

sell water to those far from the water source thereby

creating employment.

Longidal Lolgemi:

• Agreed with Lenanyekie and Lesiyempo the community

really needed water and the presence of the dam would reduce

human-wildlife conflict since there would be no need for

wildlife coming to fetch water from their homesteads.

Plenary comments



2. Negative Impacts anticipated from the project


• Possibility of drowning both for livestock and children

Michael Lenanyekie

• The last of adequate/ proper sanitary facilities around the

dam would be a major health hazard

Plenary comments

6.4 Suggestion made by the Participants

• Nadaad David Lenanyekie: Pipe the water to nearby villages to avoid people living

near the lagga/dam.

• Samuel Lesiyempo: Provide water point outside the dam e.g., a cattle trough and water

points. This would also assure that the water is clean and more secure. Also fence the

dam with an independent gate.

• Michael Lenanyekie: Put out some sanitary facilities i.e., latrines and bathrooms to

avoid dam water contamination. He also added that the youth from the community be

given priority to casual labour.

6.5 Community and Stakeholder Engagement

While this ESIA reports on the consultation and disclosure undertaken as part of the ESIA, it is

acknowledged that consultation is an ongoing process and forms part of the life cycle of the project

and social corporate governance of the sponsor. Environmental Management Plan (EMP) will

therefore, ensure that the people in the community and stakeholders continue to be informed during

construction and, where appropriate, during operation of the dam. Community and Stakeholder

Engagement are covered in the Environmental Management Plan section.

Summary of issues raised during public participation;



• Pre-construction and construction phase

o Occupational health and safety hazards

o Interference with the physical setting through soil stripping

o Noise and air pollution

o Solid waste generation from workers

o Possible increased siltation and pollution of water resources from grease and oils

• Operational Phase

o Risk of dam/embankment collapse

o Interference with the natural flow of water

o Greenhouse gas emission from decaying plant matter

o Risk of water borne diseases

o Ground and surface water pollution

o Water use conflicts

o Pollution of Water along the stream/dry river bed

o Soil erosion and Siltation of Surface water resources

o Health and Safety Hazards especially from children and animals

• Decommissioning Phase

o Loss of reliable source of water for domestic and irrigation purposes

o Effects on landscape & loss of scenic beauty

o Noise and dust pollution during decommissioning from plant and machinery

o Generation of solid and liquid waste



ANTICIPATED IMPACTS AND MITIGATION MEASURES

7.1 Introduction

The proposed project will have both socio-economic benefits and associated negative

environmental impacts. The purpose of the ESIA process is to therefore systematically assess the

value of the benefits against the environmental concerns and provide measures to either avoid,

prevent or reduce the magnitude of the impacts. The mitigation measures are based on the

underlying principle of EIA that everyone is entitled to a clean and healthy environment and a duty

to enhance and safeguard the environment.

7.2 Positive Environmental and Social Impacts

The following are the positive impacts of the proposed development.

a) Employment

Construction and maintenance of the Proposed Barsaloi Gravity Dam will require both skilled

and unskilled labour. The short-term employment opportunities during the construction phase

will be of benefit to the local communities living around the project location. The community

members will provide labour for bush clearing, loading and offloading of construction materials

and deliveries, record keeping and provision of security at active sites and temporary campsites

and stores. Indirect job opportunities for the locals such as provision of goods and services such

as catering and kiosks, barber shops etc. to the construction crew are anticipated

b) Improved water supply

The proposed dam will improve the general water supply in the area and encourage both

domestic and commercial water uses. This will directly improve the livelihood of the village

residents and promote irrigation around the dam location.

c) Reduction in water fetching time

It was noted during focused group discussions that the average water fetching time around the

area was up to 6 hours, this will significantly reduce for most residents within the area.



d) Reduction in waterborne diseases

The commissioning of the Proposed Barsaloi Gravity Dam Project will significantly reduce the

health problems associated with the current reliance on raw, untreated and occasional

contaminated water. This includes the problem of intestinal worms and other related diseases.

e) Enhancement of Tree Species Diversity

Environmental management good practices demand that the proponent ensures environmental

restoration on construction completion. Through afforestation with noninvasive indigenous

species and landscaping activities – which would involve the local community – the proponent

could improve the biodiversity of the project area. Continuous audit of this activity would

ensure sustainability of the initiative

f) Capacity Building and Awareness Campaigns Benefits

Capacity building and continuous awareness creation in the project area are important in

ensuring smooth achievement of the project’s goals. The proponent will ensure that the both

skilled and unskilled construction crew is well trained in health, environment and safety

management procedures. Local residents will also benefit from awareness campaigns relating

to the proposed project. Continuous awareness will ensure that the affected persons and

residents are well conversant and knowledgeable on the project activities and its anticipated

effects – both positive and negative

g) Provision of services and construction materials

The project will require lease services from machines and equipment suppliers and supply of

construction materials such as fencing poles and wires. Most of the materials and machinery

will be sourced locally within the project surrounding areas. This will provide ready market to

the suppliers such as companies and individuals with such materials and equipment.

h) Increased local incomes

The local community may get extra income from the sale of construction materials from their

firms and also renting spaces for camp sites and any material sites required such are borrow pits

and quarries.



i) Economic growth

Through the use of locally available materials and equipment during the construction phase; the

project will contribute towards growth of the country‘s economy by contributing to the gross

domestic product. The consumption of these materials, oil, fuel and others will attract taxes

including VAT which will be payable to the government hence increasing government revenue

while the cost of these raw materials will be payable directly to the project beneficiaries.

j) Fishery support

The residents of Barsaloi location are hopeful that the proposed dam project will provide a

reservoir within which they can introduce fish species. The reservoir after attaining ecological

stability will become a fish breeding habitat for species such as tilapia (Tilapia Spp.) and

common carp (Cyprinus carpio) which will enrich downstream fishing areas.

k) Increase in Land Value

The dam will encourage people to invest and stay within the area due to availability of water

and improved infrastructure, the value of land will also appreciate as many people get

encouraged to stay within the project location.

7.3 Negative Environmental Impacts

Alongside the project benefits, there will are potential negative environmental impacts at the three

phases of the project cycle. These are pre-construction and construction, operational and possible

decommissioning phases. The proceeding sections discuss each of these phases’ impacts on the

environmental and the livelihoods of the local community.

7.4 Pre-construction and construction Phase: Project Impacts and Mitigation

Measures

7.4.1 Potential loss of tree species

The proposed project site has trees and shrubs that are likely to be cleared during construction.

This loss will be permanent but necessary due to the need to increase the per capita water

availability for people in Samburu County. This is in line with SDG 6 of ensuring availability and

sustainable management of water and sanitation for all. Access to water and sanitation are basic

human rights and are critical sustainable development challenges. These challenges will only



worsen and the impacts on people will only increase as competing demands for clean fresh water

(agriculture, households, industrial use, and ecosystems) are exacerbated by the effects of climate

change putting more pressure on water quality and availability. These conditions will create

increasing risk for businesses, governments, communities and the environment. To mitigate

against loss of trees, the proponent will issue tree seedlings and encourage residents to plant around

the location.

7.4.2 Temporary land interference

The Proposed Gravity Dam in Barsaloi is likely to cause temporary interference with the current

state of environment in the area due to the establishment of a temporary camp. The camp site will

however be temporally hence this effect won’t necessarily affect the residents of Barsaloi.

7.4.3 Encroachment into the catchment environment

Normally construction of dams is usually preceded with the construction of temporary roads and

thereafter utilities such as pipelines for water supply. These constructed facilities have the potential

of opening up river valleys to development ‘or other forms of exploitation by farmers and others

previously denied access due to the lack of the roads. For the case of Barsaloi Gravity Dam the

area already has some roads / foot paths that were used by the community for crossing from one

valley to the other. During construction, such roads may increase as the residents try opting for

alternative paths. The contractor will provide alternative routes for such residents during

construction and it was also proposed that fencing would also be done.

7.4.4 Influx of workers from other areas

The project area might experience an influx of workers from other areas. This will directly affect

the normal social set up of communities living in the project area thereby possible decay of

morality, increase in school drop-outs due to available unskilled labour, possible child labour, petty

thieves and increased HIV/AIDS incidence and communicable diseases. Proper sensitisation and

public awareness should be encouraged to mitigate these effects.

The contractor will give preference to local residents for unskilled jobs where necessary.

7.4.5 Health Impact – Spread of COVID-19 amongst construction workers

The World Health Organization declared COVID-19 a global pandemic after assessing both its

alarming levels of spread and severity, and the alarming levels of inaction. Consequentially, WHO

issued various guidance and measures to prevent the spread of the virus. The measures have been



adopted worldwide. Similarly, the Kenyan government has since then issued several guidance and

directives after the first case was registered on March 13th 2020. These included complete

cessation of movement to and from areas considered hot spots and night curfew, social distancing

guidelines, closure on non – critical and essential enterprises, closure of places of worship and

public gatherings, mandatory use of masks in public places, among others. During project

execution (civil works), large numbers of workers will be required to assemble together in

meetings, toolbox talks and even at work sites; varied number of workforce including suppliers of

material and services are also expected to come in from various places in the country which may

be COVID-19 hot spots; and interaction of workers with the project host community will happen

as workers find accommodation close to work sites, and/or return to their homes after works. The

potential for the spread of any infectious disease like COVID-19 by projects is high. There is also

the risk that the project may experience large numbers of its workforce becoming ill and will need

to consider how they will receive treatment, and whether this will impact on local healthcare

services including the project host community. The presence of international workers, especially

if they come from countries with high infection rates, may also cause social tension between the

foreign workers and the local populations. Recently, the WHO has warned that the virus is here to

stay for a long time and might persist and become our new way. The Government of Kenya has

also lifted some of the initial movement controls and allowed the resumption of business, with

certain industry specific guidelines being enforced.

The duty of care has now been transferred to individual citizens and enterprises. Recognizing the

potent risk this may present, it is difficult to clearly outline exhaustive mitigation measures under

the mitigation impacts. As such, there is need for the client and the contractor to develop and adopt

COVID-19 Standard Operating Procedure (SOPs) in line with the World Bank guidance, Ministry

of Health Directives and site-specific project conditions. These SOPs need to be communicated to

all workers and enforced to the latter without fail. In addition to the requirement of the SOPs, the

following mitigation measure shall also be adopted:

COVID-19 – Mitigation Measures against spread of COVID-19 amongst workers:

(i) The Contractors will develop SOPs for managing the spread of Covid-19 during project

execution and submit them for the approval of the Supervision Engineer and the Client



before mobilizing to site. The SOPs shall be in line with the World Bank guidance on

COVID-19, Ministry of Health Directives and site-specific project conditions;

(ii) Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall

be required for all project personnel including workers and visitors;

(iii) Avoid concentration of more than 15 workers at one location. Where there are two or

more people gathered, maintain social distancing of at least 2 meters;

(iv) All workers and visitors accessing worksites every day or attending meetings shall be

subjected to rapid Covid-19 screening which may include temperature check and other

vital signs;

(v) The project shall put in place means to support rapid testing of suspected workers for

covid-19;

(vi) Install handwashing facilities with adequate running water and soap, or sanitizing

facilities at entrance to work sites including consultation venues and meetings and

ensure they are used;

(i) Raise awareness on the need to take COVID-19 vaccine,

(ii) Ensure routine sanitization of shared social facilities and other communal places

routinely including wiping of workstations, door knobs, hand rails etc.;

7.4.6 Social risk - Spread of COVID-19 amongst community members during

consultations

During implementation of the ESIA, various consultative activities will be undertaken. For

efficient and meaningful engagement, a wide range of individual participants, groups in the

local community and other stakeholders will be involved. The types of consultations to be used

to pass information shall be through public barazas, electronic means shall be used where

possible and one-on-one basis meetings while observing the COVID-19 mitigation measures

to ensure safety stakeholders involved, the community at large and the client. The consultations

will involve verification of PAPs covering the occupants of the affected area and vulnerable

persons and groups; awareness raising, sensitization of PAPs and gauging attitude to the

project; training and capacity building for livelihoods restoration, grievance redress, and

execution of site - specific surveys among others. If carried out conventionally, these activities

would lead to close interaction between the proponent and the community members leading to



a high risk of spreading COVID- 19 amongst community members during the consultation

process. To minimize the risk of spread of COVID-19 amongst community members,

alternative means of consultation will be required as mitigation measures to ensure social

distancing and appropriate communication measures. The mitigation measures will be

supervised by a communications/stakeholder engagement / social safeguards expert in the

project proponent’s team.

Mitigation measures against spread of COVID-19 amongst community members

i. Electronic means of consulting stakeholders and holding meetings shall be encouraged

whenever feasible. One-on-one engagements for the PAPs while observing social

distance and adhering to PPE wearing shall be enforced;

ii. Avoid concentrating of more than 15 community members at one location. Where two

or more people are gathered, maintain social distancing of at least 2 meters;

iii. The team carrying out engagements within the communities on one-on-one basis will be

provided with appropriate PPE for the number of people they intend to meet;

iv. Use traditional channels of communications (TV, newspaper, radio, dedicated phone

lines, public announcements and mail) when stakeholders do not have access to online

channels or do not use them frequently. Allow participants to provide feedback and

suggestions.

v. Hold meetings in small groups, mainly in form of FGDs if permitted depending on

restrictions in place and subject to strict observance of physical distancing and limited

duration.

vi. In situations where online interaction is challenging, disseminate information through

digital platform (where available) like Facebook and WhatsApp & Chart groups.

vii. Raise awareness on the need to take COVID-19 vaccine,

viii. Ensure online registration of participants, distribution of consultation materials and

share feedback electronically with participants.

7.4.7 Gender Based violence and Sexual Harassment

This impact is triggered during Project Construction Phase when the Contractor fails to comply

with the following provisions;



(i) Gender inclusivity requirements in hiring of workers and entire project management as

required by Gender Policy 2011 and 2/3 gender rule.

(ii) Failure to protect human risk areas associated with, disadvantaged groups, interfering with

participation rights, and interfering with labour rights.

Mitigation Measures of Human Rights and Gender Requirements

• Ensure clear human resources policy against sexual harassment that is aligned with national

law

• Integrate provisions related to sexual harassment in the employee COC

• Ensure appointed human resources personnel to manage reports of sexual harassment

according to policy

• The Contractor shall require his employees, sub-contractors, sub-consultants, and any

personnel thereof engaged in construction works to individually sign and comply with a

Code of Conduct with specific provisions on protection from sexual exploitation and abuse

• The contractor will implement provisions that ensure that gender-based violence at the

community level is not triggered by the Project, including:

✓ Effective and on-going community engagement and consultation, particularly with

women and girls;

✓ Review of specific project components that are known to heighten GBV risk at the

community level, e.g. compensation schemes; employment schemes for women

etc.

• The contractor shall develop specific plan for mitigating these known risks, e.g.

sensitization around gender-equitable approaches to compensation and employment; etc

• The contractor will ensure adequate referral mechanisms are in place if a case of GBV at

the community level is reported related to project implementation.

7.4.8 Sexual Exploitation and Abuse (SEA)

This impact refers to sexual exploitation and abuse committed by Project staff against

communities and represents a risk at all stages of the Project, especially when employees

and community members are not clear about prohibitions against SEA in the Project.



Mitigation Measures to Risk of SEA

• Develop and implement a SEA action plan with an Accountability and Response

Framework as part of the C-ESMP. The SEA action plan will follow guidance on the

World Bank’s Good Practice Note for Addressing Gender-based Violence in Investment

Project Financing involving Major Civil Works (Sept 2018).

• The SEA action plan will include how the project will ensure necessary steps are in place

for:

o Prevention of SEA: including COCs and ongoing sensitization of staff on

responsibilities related to the COC and consequences of non-compliance; project-

level IEC materials;

o Response to SEA: including survivor-centered coordinated multi-sectoral referral

and assistance to complainants according to standard operating procedures; staff

reporting mechanisms; written procedures related to case oversight, investigation and

disciplinary procedures at the project level, including confidential data management;

o Engagement with the community: including development of confidential

community-based complaints mechanisms discrete from the standard GRM;

mainstreaming of PSEA awareness-raising in all community engagement activities;

community-level IEC materials; regular community outreach to women and girls

about social risks and their PSEA-related rights;

o Management and Coordination: including integration of SEA in job descriptions,

employments contracts, performance appraisal systems, etc.; development of

contract policies related to SEA, including whistle blower protection and

investigation and disciplinary procedures; training for all project management;

management of coordination mechanism for case oversight, investigations and

disciplinary procedures; supervision of dedicated PSEA focal points in the project

and trained community liaison officers.

7.4.9 Gender-based Violence (GBV) at the community level

This impact refers to gender-based violence that women and girls may experience as a result

of Project implementation. This includes, for example, an increase in intimate partner

violence (IPV) when compensation schemes that share funds equally among husband and



wife at the household level do not provide adequate sensitization and safety measures to

reduce potential for increased tensions due to females receiving funds. This also refers to

other GBV-related risks incurred as a result of water and sanitation projects that do not

adequately consult women and adolescent girls in the community about safety and security

issues related to the delivery of water and sanitation services.

Mitigation Measures to Risk of GBV at the community level

• Develop and implement provisions that ensure that gender-based violence at the

community level is not triggered by the Project, including:

o Effective and on-going community engagement and consultation, particularly with

women and girls;

o Review of specific project components that are known to heighten GBV risk at the

community level, e.g., compensation schemes; employment schemes for women;

delivery of water supplies; etc.

o Specific plan for mitigating these known risks, e.g., sensitization around gender

equitable approaches to compensation and employment; water services; etc

Ensure adequate referral mechanisms are in place if a case of GBV at the community level

is reported related to project implementation.

7.4.10 Dust emissions

Limited air pollution will occur mainly due to fugitive emissions and dust generation from

various construction activities. Particulate matter pollution is likely to occur during the site

clearance, excavation, loading and transportation construction materials. However, the site

is not inhabited and will therefore have no key receptors except the construction workers

who will have the necessary PPEs such as dust masks.

7.4.11 Disturbances to existing stream

The dam construction will cut across existing unnamed stream which could affect the

environmental status of rivers through limited siltation. It is expected that the engineering

works will ensure that soils within the site are well stabilized.



7.4.12 Solid waste generation

Some solid waste will be generated from construction waste including remnant packaging

materials such as cement bags. Domestic waste from the construction base camp could also

lead to environmental pollution. It is expected that the contractor should ensure full

compliance with the EMCA Waste Management Regulations of 2006 as well as the

following measures: -

✓ Use of integrated solid waste management system through the following options: i)

waste source reduction, ii) material reuse and recycling, and, iii) combustion,

✓ Disposing waste more responsibly in appropriate designated dumping sites,

✓ Using construction materials that have minimal or no packaging to avoid the

generation of excessive packaging waste, and providing waste collection sites and

facilities within the site.

✓ Use of licensed waste handlers

7.4.13 Noise and Vibrations

Increased noise levels will be experienced from the use of heavy construction equipment.

Increased vibrations during construction by equipment movement, excavations and blasting

may transform the calm and quiet conditions in the area. Noise during the project

construction will mainly be caused by construction machinery, such as bulldozers,

excavators, pile drivers, concrete mixer trucks, and transport vehicles among others could

exert noise impact. The vibration effect during the construction period will mainly result

from the operation of machinery and equipment. However, the site is set aside for the dam

construction works and it was observed that the site is not inhabited, the construction process

will therefore have no key receptors except for the construction workers who will have the

necessary PPEs such ear plugs.

7.4.14 Occupational health and safety issues

During the construction of the proposed project, it is expected that construction workers are

likely to have accidental injuries as a result of accidental occurrences, neglect of the use of

protective gears among others. Accidents may also occur to members of public, livestock



and wildlife from open trenches, but they will be reduced by fencing of the construction site

and restricting access to the site.

7.4.15 Negative cultural impacts

Construction workers will come from communities with different cultural and welfare

backgrounds. There is therefore possibility that the local community could be affected

negatively by presence of migrant communities. For example, the construction workers may

not necessarily be accompanied by their spouses and as such young girls and women from

the local community could be lured to engage in promiscuous behaviors by the workers with

serious implications on the health of the local community.

7.5 Operation Phase: Project Impacts and Mitigation Measures

7.5.1 Downstream flow variations

Downstream flow variations may be either beneficial or harmful. Releasing of water to simulate

normal flood conditions can be beneficial in that it can lead to fish migration and create enabling

environment for trees to set seed and germinate. On the other hand, low flow variations can affect

fish migration and their breeding patterns. Similarly, low flow variations can affect downstream

community who depend on the river for their domestic and livestock water use. For the case of the

Proposed Barsaloi Gravity Dam the downstream flow variation will be beneficial to the local

community.

7.5.2 High reservoir carbon content

The carbon content in the bottom sediments of in the Proposed Barsaloi Gravity Dam could be

quite high at the beginning due to the submergence of a section of natural vegetation in the sub

merged area. The submergence will generate a lot of debris, which accumulated in the reservoir.

The flushing of allochthones organic matter from the forest undergrowth will initially increase

biochemical demand and reduce the dissolved oxygen concentration below critical levels. The

average level of oxygen for most aerobic life in water is 8 mgO/l. This may affect downstream

aquatic life in the river section immediately below the dam. However, water mixing as a result of

the river current will improve the DO levels to normal in the lower sections. These conditions are

normal for all new dams in the world.



7.5.3 Low hypolimnetic oxygen concentration

Proposed Barsaloi Gravity Dam is likely to suffer from hypolimnetic oxygen depletion during

the rainy season because large amounts of fresh oxidizable matter which are likely to be washed

into the reservoir and settle at the bottom. However, this will only happen during the initial

period of a few years after dam commissioning due to the expected submergence of natural

vegetation. The environmental impact of this to the aquatic fauna will be minimal because the

reservoir ecosystem will still be at the formative stage and very few species will have

established in the area.

7.5.4 Long-term reservoir nutrient build-up

Improper catchment land-use in the agricultural area above the proposed Barsaloi Gravity Dam

if unchecked could eventually lead reservoir nutrient build-up which will affect the quality of

drinking water. According to Meybeck (1982) the global levels of total phosphorus and nitrogen

have increased by a factor of between 2 to 50 due to changes in watershed landuse. Nitrogen is

likely to be anthropogenically transferred diffusely from the farming areas and pastures

especially through the movement of fertilizer residue and animal excrement. According to

Meybeck (1982) the recent increase of nitrogen in world waterways by a factor of 2-50 has been

found to be directly proportional to the catchment population. High total-P content is likely to

occur in Barsaloi Gravity Dam especially at the onset of the long rains through soil movement

into the waterbody. High leakage of fertilizer from the agricultural land to the reservoir is likely

to occur due to land ploughing in the planting season due to the high rainfall erodibility and soil

erosivity levels. Reservoir nutrient build-up is likely to create the problem of eutrophication

hence needs mitigation

7.5.5 Potential risk of other reservoir disease vectors

Standing water bodies such as reservoirs attract people to settle nearby and provide the habitat

and circumstances for water related problems. For the case of Barsaloi dam the commonly

expected problems will be that of diseases related to mosquitoes and intestinal worms. These

are considered to be major and negative impacts and appropriate mitigation measures have been

considered.



7.5.6 Risk of dam failure

The Proposed Barsaloi Gravity Dam Project belongs to the Class B Category thus classified as

medium risk dam with Maximum Depth of Water at NWL being 5 m according to the Water

Resource Management Rules (2007) and the MWI Practice Manual for Small dams in Kenya

(GoK, 2015). However, any impoundment of water by a dam forms a hazard so due consideration

is required to the nature of the hazard, the risk of harm and/or damage, and mitigation measures

that can be undertaken to minimize the risks. The typology of failure could include hydraulic,

seepage, structural or operational failure which could lead to downstream flood hazards.

7.5.7 Potential water use conflicts

Currently the local community taps water for domestic and livestock use from the seasonal rivers.

This means that communities living downstream of the proposed dam could lose their rights of

using the river, if measures are not taken during the design stage to guarantee minimum regulated

flow downstream to local community since this is usually taken for granted. However, the national

water resources authority WRA management strategy shall determine the requirements of the

reserve for each water resource.

7.5.8 Risk of increased water pollution from additional wastewater occasioned by increased

water supply

Barsaloi and surrounding location/ do not have formal wastewater disposal system. Provision of

additional water to the surrounding location is expected to spur economic growth of the area

leading to additional wastewater which will unlikely be managed by use of septic tanks. This can

cause pollution of surrounding rivers besides increasing cases of water related diseases which are

already significantly affecting the local community. Suitable mitigation measures have been

proposed.

7.5.9 Increased agricultural activity

The establishment of the dam will not only increase water availability within the project area but

also accelerate other economic activities, there are all possibilities that the outcome of the

increased economic activities within the supply area will ultimately exert pressure on the limited

forested catchment areas and agricultural activities both upstream as well as downstream of the

water reservoir. This may then lead to the following negative impacts: -



• Increased siltation rates due to increased farming activities upstream of the reservoir

with potential of shortening the working life of the reservoir

• Changes in the hydrological regime of the upper river due to changes in vegetation cover

and consequently impairment of the base flows of the river with adverse effects on water

supplies.

7.5.10 Effect of the dam on climate change

The initial filling of a reservoir floods the existing plant material, leading to the death and

decomposition of the carbon-rich plants and trees. The rotting organic matter releases carbon into

the atmosphere albeit in very small quantities given the small nature of the dam. The decaying

plant matter itself settles to the non- oxygenated bottom of the reservoir, and the decomposition–

unmitigated by a flow pattern that would oxygenate the water –produces and eventually releases

dissolved methane. All these are greenhouse gases that can contribute to global warming and

climate change.

7.6 Decommissioning Phase: Project Impacts and Mitigation Measures

The impacts during dam decommissioning phase relates to flooding of downstream areas, erosion

and loss of scenery due to excavation and damping of excavated materials as detailed in Table 7.1.

These are considered to be major and negative and suitable mitigation measures have been

considered

Table 7.1:Projected negative impacts at decommissioning stage

Phase Activity Impact

ESIA

Design

Dam decommissioning ESIA

Dam decommissioning design

None

None

Dam Removal Notch Excavation, armouring and channel

restoration

Flooding downstream

Erosion

Excavation Excavation of the dam Loss of scenery due to dumping

of excavated material

Disposal Disposal of materials Loss of scenery

Clean Up Clean up and rehabilitation of site Restoration of original scenery

Landscaping • Afforestation shall be done for all the

areas inundated

• Indigenous trees shall be preferred in the

afforestation of all landscaped areas

Restoration of the site to pre-

construction conditions



ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

8.1 Introduction

The preceding section has analyzed and identified the potential environmental and social impacts

of the proposed Barsaloi Gravity Dam as well as the mitigation measures to address the impacts.

Under this section three ESMPs are proposed to guide the proponent in implementing the

mitigation measures. These are ESMPs for construction, operational and possible

decommissioning phases. Each of the ESMP is organized into six sections comprising of the

environmental potential impact, mitigation/ enhancement measures, responsible persons/ body,

monitoring means / frequency, verifiable indicators and a budgetary estimate for mitigating each

identified impact. The strategies for mitigation include preventing the impact from occurring in

the first place, minimizing the impact, taking corrective action where impact occurs among others.

The overall focus is to ensure that the project complies with the substantive ESIA Principle of

ensuring the right to a clean and healthy environment during the entire project cycle. The ESMP

also establishes a monitoring plan with the relevant and institutional arrangements to support its

implementation.

The ESMP highlighted for appropriate action shall be availed to the contractor for this project. The

contractor should adhere to the proposed mitigation measures and a quarterly report on ESMP

progress submitted to the proponent. The contractor will factor the costs of implementing the

ESMP into their budget. The project proponent will take the necessary steps to ensure that the

ESMP is fully implemented.



8.2 Environmental and Social Management Plan (ESMP)

Table 8.1: Environmental and Social Management Plan

Potential Impact

Mitigation/ Enhancement Measures Responsibility Monitoring

means/ Frequency

Verifiable Indicators Estimated

Costs (Ksh.)

Construction Phase

Interference with the physical

setting

• Adequate surveys should be done on the

dam location and its extent

• Anyone, whose property is affected to be

compensated for disturbance

• Engagement shall be to assess whether

there are grievances.

• Landscaping and tree planting

AfDB Prior to project implementation

• No. of person affected

• No. of properties

destroyed

100,000

Noise pollution

and vibration

• Noise maintained in accordance to EMCA

specification standards.

• Equipment Operators to wear PPEs to

prevent direct noise from the machinery

• Machines with minimal vibrations to be

used

• Time restrictions for high vibrating

machines (avoid working during the night

for such machines)

Contractor During construction • State of machines used

• Type of machines used

for compaction

10,000



Potential Impact


means/ Frequency


Costs (Ksh.)

Air Quality

Degradation/ Dust

Emissions

• Supply and construction vehicles will only

use the designated transport routes. The

drivers will also be advised to stick to

prescribed speed limits

• The contractor will ensure proper repair

and maintenance of vehicles and

equipment to minimize exhaust gases

• The contractor shall ensure the appropriate

speed limits are observed at along all road

sections that will be used by construction

vehicles on a needs basis to eliminate the

creation of dusts

• Construction workers will be provided

with dust masks to mitigate

Contractor Daily Monitoring • Records of speed limits

signs erected

• Records of machine

and vehicle service

• Evidence of use of dust

masks by workers on

site

10,000



Potential Impact


means/ Frequency


Costs (Ksh.)

Workers Accidents

a n d Hazards

during

Construction

• Contractors to adhere to Occupational

Health and Safety rules and regulations as stipulated in the Occupational Safety Act of

Kenya of 2007 and revised in 2010 by adopting preventive and protective

measures to ensure that under all conditions

of their intended use, the employees are safe and without risk to health. The

employer is also required to take immediate steps to stop any operation or

activity where there is an imminent and serious danger to safety and health and to

evacuate all persons employed as appropriate

• The Project Contractor will be required

to provide appropriate personal

protective equipment and a safe and

healthy environment for construction

workers;

• There should be a crisis management team to administer First Aid to injured

persons;

• The Project Contractor should test and approve equipment before use;

• The Project Contractor should train

workers on how to use various PPE and

safe use of machinery.

Contractor Daily Monitoring • No of persons

injured

• Type of injury

experienced

20,000



Potential Impact


means/ Frequency


Costs (Ksh.)

Extraction and use

of Construction

Materials

• The construction extraction site should be

backfilled to help retain the value of the

land resource

• Fencing to be done before backfilling to

prevent accidents of humans and livestock.

Putting a sign to warn people

Contractor After extraction of

construction

materials

• No. of open sites

• Type of fencing

required

30,000 part of

the Contractors

cost

Generation of

Liquid and Solid

Waste

• The Project Contractor to comply with

NEMA’s Waste Management

Regulations of 2006 by contracting a

licensed waste collector to regularly

collect and dispose accumulated wastes

• Sensitization of construction workers

on proper disposal of solid wastes

• Temporary latrines will be provided on

site to be used by construction workers

• Oils and greases emanating from repair

and maintenance activities will be

collected in containers to avoid entry

into local drainage channels

• Water from cleaning of equipment will

be utilised within the project site and

will not be discharged into watercourses.

Contractor Daily Inspection • Presence/ absence of

scattered solid wastes

at sites

• Availability of waste

receptors

• No. of sensitization

meetings held with

workers

30,000 part of

the Contractors

cost



Potential Impact


means/ Frequency


Costs (Ksh.)

Loss of Flora and Fauna

• Cutting of trees should be done only where

necessary.

• The proponent shall ensure that clearing of

vegetation clearing is limited to the pipeline

trench area (i.e. 0.5 meters width) within the

road reserve

• Transportation of construction materials to

be done through the existing local roads

• Avoidance of vegetation clearing along

riparian land

• Sensitization of construction work-force on

environmental conservation and ecological

protection

Proponent and

Contractor

Routine inspections

• No. and type of

vegetation cleared

• No. and type of

indigenous species re-

planted Size of area

cleared

• Size of area re-

vegetated

30,000

Influx of workers

from other areas

• Preference is given to local residents for

unskilled jobs where necessary.

Contractor At least 70% of the

unskilled labourers are

locals

• Staff registry reports Routine

project

activity

Occupation Health

and Safety

• Continuous supervision of occupational,

health and safety management to ensure

compliance

AfDB Routine

Inspection

• HSE inspection reports 50,000 for awareness

• Occupational Safety and Health Training for

contractor’s staff

Contractor Throughout

construction phase

• Training reports

• Training attendance

sheets

50,000 part

of contractors cost

• Conduct orientation talks and visits Contractor At employment of

new staff • Orientation report 5,000



Potential Impact


means/ Frequency


Costs (Ksh.)

• Conduct toolbox talks (safety meetings) Contractor On a daily basis • No. of toolbox talks

conducted

5,000

Spread of COVID-

19 amongst

workers

• The Contractors will develop a SOPs for

managing the spread of Covid-19 during

project execution and submit them for the

approval of the Supervision Engineer and

the Client before mobilization. The SOPs

shall be in line with the World Bank

guidance on COVID-19, Ministry of Health

Directives and site- specific project

conditions;

• Mandatory provision and use of

appropriate Personal Protective Equipment

(PPE) shall be required for all project

personnel including

• Avoid concentrating of more than 15

workers at one location. Where there are

two or more people gathered, maintain

social distancing at least 2 meters. All

workers and visitors accessing worksites

every day or attending meetings shall be

subjected to rapid Covid-19 screening and

other vital signs;

•

•

•

• which may include temperature check


construction phase

• Availability of SOP(s),

Training material,

PPE, sanitizing

facilities etc.

50,000



Potential Impact


means/ Frequency


Costs (Ksh.)

• The project shall put in place means to

support rapid testing of suspected workers

for covid-19;

• Install handwashing facilities with

adequate running water and soap, or

sanitizing facilities at entrance to work

sites including consultation venues and

meetings and ensure they are used;

• Ensure routine sanitization of shared

social facilities and other communal

places routinely including wiping of

workstations, door knobs, hand rails etc.

Spread of COVID-

19 amongst

community

members during

consultations

processes

• Electronic means of consulting

stakeholders and, holding meetings,

whenever possible, shall be encouraged

whenever feasible. One-on-one

engagements for the PAPs while

observing social distance and adhering to

PPE wearing shall be enforced;

• Avoid concentrating of more than 15

community members at one location.

Where there are two or more people

gathered, maintain social distancing at

least 2 meters

•


construction

phase

• Availability of SOP(s),

Training material, PPE,

sanitizing facilities etc.

10,000



Potential Impact


means/ Frequency


Costs (Ksh.)

• The team carrying out engagements

within the communities on one-on-one

basis will be provided with appropriate

PPE for the number of people they

intend to meet;

• Use traditional channels of

communications (TV, newspaper, radio,

dedicated phone-lines, public

announcements and mail) when

stakeholders do not have access to online

channels or do not use them frequently.

Ensure to provide and allow participants to

provide feedback and suggestions

• Hold meetings in small groups, mainly

in form of FGDs if permitted depending on

restrictions in place and subject to strict

observance of physical distancing and

limited duration.

• In situations where online interaction is

challenging, disseminate information

through digital platform (where available)

like Facebook and WhatsApp & Chat

groups.

Ensure online registration of participants,

distribution of consultation materials and

share feedback electronically with

participants



Potential Impact


means/ Frequency


Costs (Ksh.)

Gender-based

violence at the

community

level

• The contractor will implement

provisions that ensure that gender-based

violence at the community level is not

triggered by the Project, including:

• Effective and on-going community

engagement and consultation,

particularly with women and girls;

• Review of specific project

components that are known to

heighten GBV risk at the

community level, e.g.,

compensation schemes for women,

employments schemes for women,

etc.;

• Specific plan for mitigating

these known risks, e.g., sensitization

around gender- equitable approaches

to compensation and employment

Contractor Continuous • Mitigation plan

for GBV occurring at

the community level as

a result of project

implementation

• Number of GBV cases

happening at the

community level that

receive survivor-

centered referral and

care

-

• The contractor will ensure

adequate referrals mechanisms are in

place if a case of GBV at the

community level is reported related to

project implementation



Potential Impact


means/ Frequency


Costs (Ksh.)

Sexual

Exploitation and

Abuse by project

workers

against

community

members

• Develop and implement a SEA action

plan with an Accountability and

Response Framework as part of the C-

ESMP. The SEA action plan will follow

guidance on the World Bank’s Good

Practice Note for Addressing Gender-

based Violence in Investment Project

Financing involving Major Civil Works

(Sept 2018).

• The SEA action plan will include how

the project will ensure necessary steps

are in place for:

o Prevention of SEA: including

COCs and ongoing

sensitization of staff on

responsibilities related to the COC

and consequences of non-

compliance; project-level IEC

materials;

o Response to SEA: including survivor-centered coordinated multi-sectoral

Contractor Continuous • SEA Action Plan

• Code of Conduct

• Number of staff

trainings

• SEA FP

• Community Liaison

trained in PSEA

• IEC materials for

workers’ sites and

community

• Discrete SEA

reporting

pathway

• Relevant policies, e.g.,

investigations and

discipline and

whistleblower

protection

• Monthly minutes

from SEA

coordination

meetings

5,000



Potential Impact


means/ Frequency


Costs (Ksh.)

referral and assistance to

complainants according to standard

operating procedures; staff reporting

mechanisms; written procedures

related to case oversight,

investigation and disciplinary

procedures at the project level,

including confidential data

management;

o Engagement with the community:

including development of

confidential community-based

complaints mechanisms discrete

from

the standard GRM;

mainstreaming of PSEA awareness-

raising in all community

engagement activities; community-

level IEC materials; regular

community outreach to women and

girls about social risks and their

PSEA-related rights;

o Management and

Coordination: including

integration of SEA in job



Potential Impact

Mitigation/ Enhancement Measures Responsibility Monitoring means/

Frequency


Costs (Kshs.)

descriptions, employments contracts,

performance appraisal systems, etc.;

development of contract policies related

to SEA, including whistle blower

protection and investigation and

disciplinary procedures; training for all

project management; management of

coordination mechanism for case

oversight, investigations and

disciplinary procedures; supervision of

dedicated PSEA focal points in the

project and trained community liaison

officers.

Sub-Total of Cost Estimates for Construction Phase Kshs405,000

Operation Phase

Increase in

Waterborne

Diseases

• Training on efficient home-based

irrigation system that is efficient in water

use

• Removal of any stagnant water

• Sensitization on the use of nets at homes

close to site

• Use of gumboots in the irrigation field

• AfDB

• Farmers

On need basis • Amount of stagnant water 10,000

Water use conflicts • Water abstraction laws followed

• Farmers training on water use

• Enforcement of water Act, 2016

• WRA

• IWUA

• Farmers

During water

abstraction and use

• Amount of water

abstracted

5,000



Potential Impact


Frequency


Costs (Kshs.)

• Number of

• farmers plots

Irrigation

• frequency per plots

Pollution of Water • Machines such as tractors for ploughing used

during operation maintained in good

condition

• Oils and greases emanating from repair and

maintenance activities will be collected in

containers to avoid entry into local drainage

channels

• All polluted water treated before discharging

to water bodies

• Proponent

• Farmers

All farming

operations

• Number of

machines e.g., tractors used

• Number of farmers

sensitized on the proper

use of pesticides and

fertilizers

Proponent’s cost

Soil erosion and

Siltation of Surface

water resources

• Use excavated earth materials for backfilling

• Sprinkling of backfilled trenches with water

• Compaction of backfilled trenches

• Re-vegetation of excavated areas

• Channeling of surface water runoff away

from irrigation channels and pipelines

• Proponent

• Farmers

On a needs-basis • No. of wash points

installed

• No. of silt traps installed

• No. of surface drains

constructed

• Number of people

sensitized on soil and

water conservation

Part of

landscaping cost

(30,000)



Potential Impact


Frequency


Costs (Kshs.)

Health and Safety

Hazards

• Fence the dam to avoid drowning of

livestock and even human beings especially

children

• Train all workers on Health, Safety

and Environment (HSE) with an aim of improving awareness

• The proponent will erect appropriate safety

signage during repair and maintenance

activities

• The proponent shall provide first- aid

facilities for staff

• Proponent’s staff and visitors will be

required to use PPEs all the time

Proponent On a needs-basis • Training on HSE

conducted

• Prominently erected safety

signage during R&M

work

• Availability of first-aid kit

during O&M work

Proponent’s

costs as per the

quotation

(50,000)

Sub-Total of Cost Estimates for Operation Phase Kshs95,000

Decommissioning Phase

Reduced availability of

livestock water

irrigation water to

users

• The community to prepare project

beneficiaries for a transition strategy when

de-commissioning

• Develop alternative livelihood strategies.

Proponent During and after the

decommissioning phase

• Customer complaints

• Alternative sources of

water provided

150,000 (Future

estimates)



Potential Impact


Frequency


Costs (Kshs.)

Soil erosion and

Siltation of Surface

water resources

• Use excavated earth materials for backfilling

• Sprinkling of backfilled trenches with water

• Compaction of backfilled trenches

• Re-vegetation of excavated areas

• Channeling of surface water runoff away

from the pipeline route

Contractor Daily Inspection • Presence/ absence of

stockpiled excavated earth

material

• No. of silt traps installed

• No. of surface drains

constructed

150,000

(integrated in the

works costs)

Air Quality

Degradation/ Dust

Emissions

• Evacuation vehicles will only use the

designated transport routes. The drivers will

also be advised to stick to prescribed speed

limits

• The contractor will ensure proper repair and

maintenance of vehicles and equipment to

minimize exhaust gases

• The contractor shall ensure recommended

speeds on road sections that will be used by

construction vehicles are adhered to on a

needs basis to reduce the creation of dusts

• Construction workers will be provided with

dust masks to mitigate

Contractor Daily Monitoring • Records of water sprinkling

• Number of speed limit

signs erected

• Evidence of use of dust

masks by workers on site

30,000



Potential Impact


Frequency


Costs (Kshs.)

Loss of Flora and Fauna

• The proponent shall ensure minimal

clearing of vegetation

• Transportation of decommissioning

wastes to be done through the existing local roads

• Sensitization of decommissioning work-

force on environmental conservation and

ecological protection

• Re-vegetation of cleared areas with

indigenous vegetation species

• Proponent

• Contractor

Routine inspections

• No. and type of vegetation

cleared

• No. and type of

indigenous species re-

planted

• Size of area cleared

• Size of area re- vegetated

30,000

Increased Vehicular and

Human Traffic

• Transportation of decommissioning wastes to specific sites will be done through the

existing local roads

• The contractor will rehabilitate the local

roads that will be damaged during

decommissioning activities

• Consultation with the local communities

on planned road diversions

• Restriction of Vehicular and Human Traffic

to the road reserve where possible

• Sensitization of drivers to comply with

prescribed speed limits

Contractor Routine inspections

• No. of accidents

involving project vehicles

• Transportation

control logs

• No. of road spots rehabilitated

• Community complaints

5,000



Potential Impact


Frequency


Costs (Kshs.)

Generation of Solid

and liquid waste

• Provision of solid waste collection facilities

(waste bins)

• Contracting licensed solid waste handlers

• Sensitization of construction workers on

proper disposal of solid wastes

• The contractor will maintain all site vehicles

and equipment is a serviceable state.

• Oils and greases emanating from repair and

maintenance activities will be collected in

containers to avoid entry into local drainage

channels

• Water from cleaning of equipment will be

utilised within the project site and will not

be discharged into watercourses.


decommissioning

phase

• Presence/ absence of scattered solid wastes at

sites

• Availability of waste

receptors

• No. of sensitization

meetings held with

workers

• Evidence of oil leaks and greases on site

• Evidence of waste

• water flowing through

local drainage channels

50,000

Health and Safety • Continuous supervision of occupational,

health and safety management to ensure

compliance

MOAI Routine

Inspection • HSE inspection reports 30,000.00

• Occupational Safety and Health Training for

contractor’s staff

Contractor Throughout decommissioning

phase

• Training reports

• Training attendance

sheets

20,000.00

• Orientation talks and visits Contractor At employment of

new staff

• Orientation report 5,000

• Toolbox talks (Safety meetings) Contractor On a daily basis No. of toolbox talks

conducted

5,000

Sub-Total of Cost Estimates for Decommissioning Phases 445,000.00



8.3 Environmental and Social Monitoring Plan

Table 8.2: Environmental and Social Monitoring Plan

Key

Component

Parameters to be

monitored

Points to be

monitored

Frequency

of

monitoring

Samplin

g Points

Total

samples

Total

Cost

Lab Materials

and

Equipment/Othe

r Requirements

Responsibil

ity

Relevant

legislation/gui

delines

Water

Quality

pH, Total Suspended

Solids (TSS) and Total

Dissolved Solids (TDS),

heavy metals, oils and

grease

(Upstream of

the project site

and

downstream)

Quarterly 2 2 16,000

Sampling bottles,

cooler box,

Access to a

NEMA

accredited

laboratory

Contractor

and

Proponent

EMCA (Water

Quality)

Regulations

,2006

Sedimentati

on

Sediment Load

Siltation level

Upstream and

downstream of

the dam

Quarterly 3 3 20,000

Water level

meter, sediment

sand box

Contractor

and

Proponent

EMCA (Water

Quality)

Regulations

,2006

Erosion/Soil

System

Changes in soil structure

Soil texture, aggregate

stability, hydraulic

conductivity

Heavy metals

Along Pipeline

route

At the intake

site

Biannually 2 2 20,000

Access to

physical and

chemical soil test

laboratory

Contractor

Proponent

EMCA (Water

Quality)

Regulations

,2006

Tree Cover

loss

No of trees fell

Total area of tree cover

lost

Regeneration rate

Number of trees planted

Along the earth

dam

embankment

buffer zone

Quarterly

Within

30

meters

from the

embank

ment

- 20,000 Physical

assessment

Proponent

Contractor

Forest

Conservation

and

Management

Act, 2016



Solid waste

Quantities Per

day/month

Composition

Equipment used

Waste reduction and

recovery at source

Project site

Monthly

during

construction

Waste

Holding

yard

1 10,000

Waste sampling

bins, plastic bags,

boxes, weighing

machine

Contractor

EMCA (Waste

Management)

Regulations,20

06

Storm

water/runoff

physical and

biochemical

composition and

Quantity

(Upstream and

downstream of

the earth dam)

Quarterly

during rain

events

2 4 16000

Access to NEMA

Accredited

Laboratory

Contractor

EMCA (Water

Quality)

Regulations

,2006

Social Issues

Employmen

t

Number of youth

employed

Number of employees

from local community

Project Site During

construction

During

employm

ent

- 10,000 Employee

registry

Contractor

and

proponent

Employment

Act, 2007

WIBA, 2007

Health and Safety Issues

Health

and Safety

No of accidents, incidents

and fatalities

No of trainings conducted

Risk assessments done

Number of persons trained

Number of HSE meetings

carried out

Project site continuous Construct

ion site - 30,000

Trainings (Fire,

First Aid, EHS)

Safety

Inspections

Incident Register

Contractor

& proponent

Occupational

Health and

Safety Act,

2007

Proposed Gravity Dam in Barsaloi Location, Samburu North Sub

County


CONCLUSION AND RECOMMENDATIONS

9.1 Conclusion

There was upmost acceptability and goodwill from the community living in the project area

for the proposed project. There are major environmental and social issues both positive and

negative associated with the construction, operation and decommissioning of the proposed

project. Mitigation measures have been proposed in every negative impact raised in

construction, operation and decommissioning under the environmental and social

management plan (ESMP) for consideration in these various stages of the proposed

project.

The ESIA and preparation of this comprehensive project report was carried out to fulfil

legal requirements, as outlined in the Environmental Management and Co-ordination Act

(1999), and the Environmental (Impact Assessment and Audit) Regulations (2003) revised in

2015&2019. Mitigation measures for the potentially significant and/or adverse

environmental and social impacts and safety risks have been provided as an integral part of

this ESIA report.

There is need for rigorous implementation of the Environmental Management and

Monitoring Plan will facilitate the mitigation and/or prevention of potentially adverse

environmental impacts.

The proposed ESMP should be followed fully by the contractor with the supervision from the

proponent and environmental and social monitoring progress report be submitted quarterly.

This will help to ensure success of EMP and that the recommended mitigation is implemented

throughout construction, operational and decommissioning phases in order to avert any

negative impacts.

9.2 Recommendations

The following are some of the recommendations for the avoidance and mitigation measure

for the adverse environmental and social impacts from the proposed gravity dam.

(i) The mitigation measures proposed should be followed by the proponent as it is

highlighted in this ESIA report.


County


(ii) The design, construction and operation should be carried out in accordance to the

specific report for the proposed project.

(iii) The proponent to undertake Environmental Impact Assessment Studies for all

the proposed borrow pits and areas of construction materials

(iv) A complete audit be undertaken and submitted to NEMA every year after

commissioning of the project to ensure that all the proposed mitigation measures have

been complied with.

(v) The social impacts raised during community participation should be followed.

In conclusion, the positive impacts outweigh the negative impacts. The listed negative impacts

can be corrected with the proposed mitigation measures and it is also economically viable

therefore the project should be allowed to proceed

.


County


REFERENCES

County government of Samburu (2018): Samburu County Integrated Development Plan II (2018-

2022)

County Government of Samburu (2019). Project Design Document and Bill of Quantities. Design

Report for the Proposed Barsaloi Gravity Dam

Gleick P. H., Iera M., (1996); Basic water requirements for human activities: meeting basic needs.

Water international 21 (1996) 83-92.

GoK, Environmental Impact Assessment/Audit Regulations 2003 revised 2019, (Legal Notice

No.31 and 32) Government Printer, Nairobi.

GoK, Environmental Management and Coordination Act (EMCA, 1999) revised 2015,

Government Printer, Nairobi.

GoK, Factory and Other Places of Work Act, CAP 514. Government Printer, Nairobi.

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APPENDICES

Appendix 1: Minutes of Consultative Meeting Held at the Child Fund

Compound - Basalin Village, Barsaloi Location

Date: 3rd November 2020; Basalin Village, Ang’ata Nanyekie Ward in Samburu North

Subcounty

Attendance

(See attached signed attendance list – Appendix 2)

Agenda

1. Opening remarks

2. Team & Project Introduction and Background

3. Comments, Questions and Answers

4. A.O.B

Min 1: Opening Remarks

The meeting was called to order by the Sub County Environmental Officer Mr. Lembara

Timothy Satiki who had mobilized the members for the meeting at 3:05 pm. He then invited a

volunteer to officially open the meeting with a word of prayer. Mr. Lembara then recognized

the members who were present including the Ward Administrator, followed by a brief session

of self-introduction. After the introductions, the ESIA Expert took over the meeting introducing

the need for the ESIA process and the possible issues and associated project benefits. The

photos below are part of a series of pictures that captured different moments as the meeting

progressed.



Figure A.1: Mr. Lembara addressing the community in a public participation forum

Team & Project Introduction and Background

The ESIA Expert introduced the project and the ESIA study for the Proposed Barsaloi Gravity

Dam in Barsaloi Location, Samburu North Sub County in Samburu County. He then gave a

brief description of the project to the community members in attendance and explained the dam

design, importance of fencing, and issues related to the prevention of livestock eroding the dam

edges and fouling the water, or becoming bogged and drowning. He also emphasized on the

dam safe use i.e., the community and livestock should not have direct access to the dam by

putting up cattle troughs and water points outside the dam.

During the discussions, the following points were noted;



Positive Impacts Related to the Dam Project:


• The community are facing a major challenge in getting water for their livestock. The area

is ASAL and they don’t have water for their livestock. Mr. Lenanyekie observed that the

project will help provide water for livestock since it’s located along the pastoral lands.

Samuel Lesiyempo:

• Projected that the construction dam will greatly reduce the human-wildlife conflict in

the area, since at the moment the few available water sources in the area are prone to

such conflicts.

• The project would make it possible for the establishment of kitchen gardens and this

would promote sustainability and improved nutrition.

• During construction and operation of the project, a lot of youth would be given some

casual jobs and also be able to sell water to those far from the water source thereby

creating employment.

Longidal Lolgemi:

• Agreed with Lenanyekie and Lesiyempo the community really needed water and the

presence of the dam would reduce human-wildlife conflict since there would be no need

for wildlife coming to fetch water from their homesteads.

Negative Impacts Related to the Dam Project:


• Possibility of drowning both for livestock and children



Michael Lenanyekie

• The last of adequate/ proper sanitary facilities around the dam would be a major health

hazard

Recommendations from the community

• Nadaad David Lenanyekie: Pipe the water to nearby villages to avoid people living near

the lagga/dam.

• Samuel Lesiyempo: Provide water point outside the dam e.g., a cattle trough and water

points. This would also assure that the water is clean and more secure. Also fence the

dam with an independent gate.

• Michael Lenanyekie: Put out some sanitary facilities i.e., latrines and bathrooms to

avoid dam water contamination. He also added that the youth from the community be

given priority to casual labour.

Other key recommendations:

• The project should observe community membership and provide more sensitization of

dam safety use.

• Put up toilets on surrounding homesteads to prevent contamination.

Vote of THANKs.

Mr. Lembara Timothy Satiki then thanked the project committee members, the area Ward

Admin who attended the meeting before closing with a word of prayer.

Adjournment:

The meeting was later ended with a word of prayer from a community volunteer at 4:15 pm



Appendix 2: List of Attendance





Appendix 3: Key Stakeholders Consulted



Appendix 4: Sample of Filled Household Questionnaires

































































Appendix 5: Relevant Land Documents

A-5.1: Community Land Resolution/ Consent Form









A-5.2: Chief’s Consent on Offer of Agricultural Land



Appendix 6: Lead Expert’s 2021 Nema Practicing License



Appendix 7: Associate Expert’s 2021 Nema Practicing License



Appendix 8: Group Registration Certificate



Appendix 9: Group Pin Certificate



Appendix 10: Approved Design Layout Drawings









Appendix 11: NEMA License for Approval









