ESIAESIA PROJECT REPORT PROJECT REPORTdocuments.worldbank.org/curated/en/... · ESIAESIA PROJECT REPORT PROJECT REPORT SFG3691 V12 Public Disclosure Authorized Public Disclosure Authorized

ESIAESIA PROJECT REPORTPROJECT REPORT

SFG3691 V12

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

ESIA Project Report for the proposed construction of Nakuru Law Courts ii October

CONTENTS Chapter Description Page

1 INTRODUCTION 1-1 1.1 General project overview 1-1 1.2 Project Location 1-2 1.3 Objective of the consultancy Services 1-4 1.4 Project Justification 1-4 1.5 Objectives of the ESIA Study 1-5 1.6 ESIA Methodology 1-5 1.6.1 Desk Study 1-5 1.6.2 Field Study 1-5 1.6.3 Data Analysis and Impact Prediction 1-7 1.6.4 Identification of mitigation measures 1-7 1.6.5 Incorporating public views into the ESIA report 1-8 1.7 Structure of the ESIA Project Report 1-9

2 POLICY, LEGAL AND REGULATORY FRAMEWORK 2-1 2.1 General Overview 2-1 2.2 Policy Frameworks 2-1 2.2.1 Environmental Policy 2-1 2.2.2 Land policy 2-4 2.2.3 Kenya’s Vision 2030 2-5 2.2.4 The National Biodiversity Strategy, 2007 2-5 2.2.5 Sustainable Development Goals (SDGs) 2-5 2.3 Legal framework 2-6 2.3.1 The Constitution of Kenya 2-6 2.3.1 Building Code, 1968 (Reprinted 1997) 2-7 2.3.2 The National Museums Act (Cap216) 2-7 2.3.3 The Environment Management and Coordination (Amended) Act, 2015 2-7 2.3.4 The Lands Act, 2012 No. 6 of 2012 2-11 2.3.5 The Water Act 2016 2-11 2.3.6 Inter-Governmental Relations Act 2012 2-12 2.3.7 The Public Health Act (Cap. 242) 2-13 2.3.8 The County Governments Act, 2012 2-13 2.3.9 Urban Areas and Cities Act, 2011 2-14 2.3.10 The Traffic Act, Cap 403 2-14 2.3.11 Physical Planning Act, 1996 2-15 2.3.12 Employment and Labour Relations Court Act. No. 20 Of 2011. Revised Edition 2014 2-15 2.3.13 Work Injury Benefits Act (WIBA) 2-16 2.3.14 The Occupational Safety and Health Act, 2007 2-16 2.4 Institutional framework 2-18 2.4.1 The Land and Environment Court Act, 2012 2-18 2.4.2 The National Environment Council 2-19

ESIA Project Report for the proposed construction of Nakuru Law Courts iii October

2.4.3 The National Environment Management Authority 2-19 2.4.4 Nakuru County Government 2-19 2.5 World Bank policy on Environmental protection 2-20 2.5.1 World Bank policy on Environmental protection OP 4.01 2-21 2.5.2 World Bank policy on Physical Cultural Resources OP 4.11 2-21 2.6 International Conventions 2-21 2.6.1 The 1985 Vienna Convention for the protection of the Ozone Layer 2-22 2.6.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer 2-22 2.6.3 The United Nations Convention on Climate Change (“1992 UNFCCC”) 2-22 2.6.4 The Kyoto protocol 2-22 2.6.5 Convention on Biological Diversity 2-23

3 DESCRIPTION OF THE PROJECT ENVIRONMENT 3-1 3.1 Physical environment 3-1 3.1.1 Land Use Pattern and Neighbourhood Analysis 3-1 3.1.2 Climate 3-2 3.1.3 Seismology 3-3 3.1.4 Geology and soils 3-3 3.1.5 Topography and Drainage 3-4 3.1.6 Hydrology and drainage 3-6 3.1.7 Air Quality 3-6 3.1.8 Noise levels 3-6 3.2 Biological Environment 3-7 3.2.1 Fauna 3-7 3.2.2 Flora 3-8 3.3 Socio-Economic Environment 3-8 3.3.1 Administrative boundaries and governance 3-8 3.3.2 Population Distribution 3-8 3.3.3 Gender and inequality 3-9 3.3.4 Labour Force 3-9 3.3.5 HIV and AIDS 3-10 3.3.6 Education 3-10 3.3.7 Health profile 3-11 3.3.8 Water supply 3-11 3.3.9 Sanitation 3-12 3.3.10 Energy 3-12 3.3.11 Transport and Communication 3-12 3.3.12 Economic activities 3-13

4 PROJECT DESCRIPTION 4-1 4.1 Existing Law court 4-1 4.2 Proposed building design 4-1 4.2.1 Lower ground floor 4-1 4.2.2 Upper ground floor 4-2 4.2.3 First floor 4-2 4.2.4 Second floor 4-3 4.2.5 Third floor 4-3 4.3 General construction specifications 4-3 4.3.1 Site Clearance 4-3 4.3.2 Foundation Excavations 4-3 4.3.3 Filling Under Surface Beds in Buildings 4-3

ESIA Project Report for the proposed construction of Nakuru Law Courts iv October

4.3.4 Anti-Termite Treatment 4-4 4.3.5 Polythene Sheeting 4-4 4.3.6 Existing Services 4-4 4.4 Concrete work 4-4 4.4.1 Codes of Practice 4-4 4.4.2 Supervision 4-4 4.4.3 Cement 4-5 4.4.4 Aggregates 4-5 4.4.5 Concrete Mixes 4-5 4.4.6 Steel Reinforcement 4-5 4.4.7 Fabric Reinforcement 4-5 4.4.8 Fixing Steel Reinforcement 4-6 4.4.9 Formwork 4-6 4.5 Walling 4-6 4.5.1 Cement and lime 4-6 4.5.2 Sand 4-6 4.5.3 Stone 4-6 4.5.4 Reinforced walls 4-6 4.5.5 Wall ties 4-6 4.5.6 Fair Face 4-7 4.5.7 Pointing 4-7 4.5.8 Bricks 4-7 4.5.9 Damp-proof Course 4-7 4.6 Roofing 4-7 4.6.1 Sheet roofing generally 4-7 4.6.2 Steel Sheet and aluminium Sheet Roofing 4-7 4.7 Utilities 4-8 4.7.1 Water 4-8 4.7.2 Wastewater: 4-8 4.7.3 Solid waste; 4-8 4.7.4 Fire safety 4-8 4.7.5 Security 4-8 4.7.6 Source of Labour 4-8

5 PROJECT ALTERNATIVES 5-1 5.1 “No-action alternative” 5-1

6 PUBLIC CONSULTATION AND DISCLOSURE 6-1 6.1 General 6-1 6.1.1 Introduction 6-1 6.1.2 Objectives of the Public consultation program 6-1 6.2 Stakeholder Identification 6-1 6.2.1 Issues arising from consultations from questionnaires 6-2

7 POTENTIAL IMPACTS AND MITIGATION MEASURES 7-1 7.1 Evaluation of environmental and social impacts 7-1 7.2 Positive construction impacts 7-3 7.2.1 Employment opportunities 7-3 7.2.2 Opportunity for employment of women 7-4 7.2.3 Increase in economic activities in the area 7-5 7.2.4 Marketing of tourist destination sites in the county 7-5

ESIA Project Report for the proposed construction of Nakuru Law Courts v October

7.2.5 Skills acquisition 7-6 7.3 Negative impacts during construction phase 7-6 7.3.1 Soil erosion and drainage 7-6 7.3.2 Occupational Safety and Health Hazards 7-7 7.3.3 Visual Impacts 7-9 7.3.4 Air Pollution 7-9 7.3.5 Water pollution 7-10 7.3.6 Noise Pollution 7-11 7.3.7 Solid waste generation and disposal 7-11 7.3.8 HIV and AIDS 7-12 7.3.9 Spread of communicable diseases 7-13 7.3.10 Labour influx 7-14 7.3.11 Resource Consumption 7-14 7.3.12 Oil Spills 7-14 7.3.13 Traffic disruption on Adjacent Roads 7-15 7.4 Positive Impacts during Operation phase 7-16 7.4.1 Improved judicial performance 7-16 7.4.2 Decongestion of the court 7-16 7.4.3 Improved infrastructure of the Court Cells 7-16 7.4.4 Improved conditions for handling the vulnerable groups in the Criminal Justice System 7-17 7.4.5 Creation of market for goods and services 7-18 7.5 Negative impacts during operation phase 7-18 7.5.1 Noise pollution 7-18 7.5.2 Additional demand for water and electricity 7-19 7.5.3 Generation of solid and hazardous wastes 7-19 7.5.4 Increased risk of fire 7-20 7.5.5 Increased surface runoff 7-20

8 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN 8-1 8.1 Environmental and Social Management and Monitoring Plan 8-1 8.2 Purpose and objectives of ESMP 8-1 8.3 Auditing of the ESMMP 8-1 8.4 Responsibilities of the ESMMP 8-2 8.4.1 Judiciary 8-2 8.4.2 National Environment Management Authority 8-2 8.4.3 Supervising consultant / Project Engineer 8-2 8.4.4 Contractor 8-3 8.4.5 Nakuru County Government 8-3 8.5 Environmental and Social Monitoring 8-1 8.5.1 Internal monitoring 8-1 8.5.2 External monitoring and evaluation 8-1 8.5.3 Monitoring during construction and operation 8-2 8.5.4 Grievance Redress Mechanism 8-2

9 CONCLUSION AND RECOMMENDATIONS 9-1 10 REFERENCES 10-1 11 APPENDICES 11-1

ESIA Project Report for the proposed construction of Nakuru Law Courts vi October

LIST OF TABLES Chapter Description Page Table 2-1: Health and Safety Requirements for Engineering Construction Works 2-17 Table 2-2: Safeguard Policies Triggered by the JPIP Project 2-20 Table 3-1: Rainfall distribution 3-2 Table 3-2: Population in Nakuru East and West sub-counties 3-9 Table 4-1: Volume batching for non-structural concrete mixes 4-5 Table 4-2: Volume batching for structural concrete mixes 4-5 Table 6-1: Stakeholder groups 6-2 Table 6-2: Issues raised during focus Group Discussions with various stakeholders 6-3 Table 7-1: Criteria for assessing significance 7-2 Table 7-2: Significance rating matrix 7-3 Table 7-3: Mitigation ratings 7-3 Table 7-4: Maximum permissible intrusive noise levels 7-18 Table 8-1: ESMP During Construction Phase for the development of Nakuru County Law Courts 8-1 Table 8-2: Operation ESMP for the development of Nakuru County Law Courts 8-13

ESIA Project Report for the proposed construction of Nakuru Law Courts vii October

LIST OF FIGURES Chapter Description Page Figure 1-1: Location Map showing the existing Nakuru law court ....................................................... 1-3 Figure 3-1: Nakuru CBD Land use Map ............................................................................................... 3-1 Figure 3-2: Maximum, minimum and average monthly temperatures ................................................. 3-3 Figure 3-3: Population density of the project county ............................................................................ 3-9

ESIA Project Report for the proposed construction of Nakuru Law Courts viii October

LIST OF PLATES Chapter Description Page Plate 3-1: Topography of Project area ................................................................................................. 3-5 Plate 3-2: Noise levels around the project site..................................................................................... 3-7 Plate 3-3: Flora in Lake Nakuru National park ..................................................................................... 3-8 Plate 3-4: Schools around the project area ........................................................................................ 3-11 Plate 3-5: Good drainage along Moses Mudavadi road from which the site is accessed. ................ 3-12 Plate 4-1: Existing Nakuru Law Courts ................................................................................................ 4-1

ESIA Project Report for the proposed construction of Nakuru Law Courts ix October

ACRONYMS AND ABBREVIATIONS B.S British Standard CBO Community Based Organization CBR Cement Ballast Ratio CCTV Closed Circuit Television CIDP County Integrated Development Plan EMCA Environmental Management and Co-ordination Act ESIA Environmental & Social Impact Assessment ESMP Environmental and Social Management Plan GoK Government of Kenya ICT Information Communication technology JPIP Judicial Performance Improvement Project JTF Judiciary Transformation Framework KURA Kenya Urban Roads Authority MS Mild Steel NEMA National Environmental Management Authority NGO Non- Governmental Organization OD Operational Directives OP Operational Policies ToR Terms of Reference WB World Bank WC Water Closet WHB Wash Hand Basin WRMA Water Resource Management Authority

ESIA Project Report for the proposed construction of Nakuru Law Courts x October

EXECUTIVE SUMMARY E1 Project background and components The Judicial Performance Improvement Project (JPIP) is a World Bank funded project to the Judiciary. In line with the new Constitution in which the judicial reforms are anchored, Judiciary Transformation Framework (JTF) 2012 – 2016, and the Judiciary Strategic Plan, 2014-2018, considered earlier viable reforms and the spirit of the new constitution highlighted infrastructure development as major pillar in implementing the SJT. It proposed to have the over 100 court construction and rehabilitation works initiated in the first phase of Judiciary Transformation, Tremendous progress has been made in this regard with several projects completed while others are at various stages of completion. Under the SJT, all the construction works started under JTF will be completed and emphasis will be placed on concluding these constructions within time and within budget. New infrastructure projects will be commenced guided by the long-term Judiciary Infrastructure Development Plan. The SJT also proposes to accelerate establishment of High Courts in all counties, use formulated criterion to establish and operationalise mobile courts and to Leverage the efficiencies of the decentralised Court of Appeal. The overall project has been divided into four key components namely: Access to courts and new information -> Construction of new courts is in this

component Timeliness of Judicial services -> Rehabilitation of courts is in this component Performance and quality of decision making Project Management Out of the four components of the JPIP, the Court Infrastructure component is likely to generate environmental and social impacts that requires environmental and social safeguards monitoring. This component aims to overcome obstacles Kenyans face in obtaining access to justice, including access to courts. Under this component, with the World Bank financing the Judiciary shall rehabilitate 30 existing courts and construct eight (8) new High Courts and two (2) Magistrate Courts in Kenya. Kenya’s Judiciary faces significant challenges in achieving effective access to justice for the population due to geographical and physical barriers. The Judiciary Case Audit and Institutional Capacity Survey, 2014, indicated that there is inadequate infrastructure at the Judiciary as a priority area. The case audit found that 74 per cent of all the Court stations had five (5) or less court rooms each while 26.50 per cent had more than five (5) court rooms. Further results of the case audit indicated that in some courts, the judicial officers outnumber the court rooms thus denoting a shortage of court rooms and consequently impacting negatively on case clearance. About 25.64 per cent of the courts stations had more judicial officers than court rooms while 70 per cent of the court stations had inadequate chambers for judicial officers. Nakuru town is located 160 km North West of Nairobi, along Nairobi- Nakuru- Eldoret Highway. The town lies at an average altitude of approximately 1840 meters above the sea level. It lies between latitudes 0˚15' and 0˚31'S, and longitude 36˚00' and 36˚12'E, with an average altitude of 1859 meters above sea level. It borders Menengai Crater to the North, Bahati Escarpment to the North East and Lake Nakuru National Park to the South. It is at the floor of the Rift Valley and is centrally located within Nakuru County. The coordinates of the corners of the proposed Law Court is as below:

1. Point A 0°17'17.10"S, 36° 4'12.33"E; 2. Point B 0°17'13.99"S 36° 4'11.35"E; 3. Point C 0°17'15.28"S 36° 4'7.53"E; 4. Point D 0°17'18.22"S 36° 4'8.46"E.

and the google map of the location shown.

ESIA Project Report for the proposed construction of Nakuru Law Courts xi October

Location Map showing the proposed Nakuru law court

ESIA Project Report for the proposed construction of Nakuru Law Courts xii October

E2 Methodology To meet the study objectives, the study team undertook desktop review of literature relevant to the project including the design reports as well as the legislative and regulatory framework applicable to the project.

The field study was conducted by DR. Romanus Opiyo from September to October 2014 and report reviewed and updated by Mr. George Goro Owuor ESIA Lead Expert on behalf of JPIP. The physical evaluation of the project area was carried out with specific focus on landform trends, land use patterns, biodiversity, natural resources, hydrology and climatic variations through the route. This was also an evaluation of the current environmental status with respect to physical, biological and socio-cultural perspectives and involved the following: E3 Policy legal and regulatory frameworks This study has reviewed all the policies, legal and regulatory frameworks relevant to the project. Key amongst the policies reviewed includes the Environmental Policy, Land Policy. The key laws reviewed include The Environment Management and Coordination Act, 1999, its amendments and regulations, The National Museums Act (Cap 216), Building Code, 1968 (Reprinted 1997) and the Lands Act 2012. The proposed court infrastructure component of the JPIP has been classified as a Category B project under the World Bank environmental assessment level. The World Bank Safeguard Operational Policies that are relevant or are triggered by the JPIP include the Environmental Assessment (OP/BP 4.01). However, OP/BP 4.11 could be triggered in the event of chance find during construction. The OP 4.01 requires the ESIA study to develop an ESMP for the project which should be implemented to mitigate the resulting impacts during the construction and implementation phases of the project.

International laws and conventions that have relevance to the implementation of this project have also been highlighted. In addition, this study has reviewed international conventions that Kenya has ratified regarding environmental management. E4 Environmental setting The rainfall is moderately high with average rainfall between 950mm -1500m per annum. The area has bimodal pattern of rainfall although distributed throughout the year. There is thought precipitation even during the driest month. The project area receives its long rains in March, April and May with the highest rainfall being received in April. The short rains occur in August to November. January is the driest month while April is the wettest. With the good rainfall pattern and good roofing, this project provides a good opportunity for rain harvesting which can greatly reduce the costs incurred in water bills by the judiciary. The hottest months are January, February and March where temperatures go up to 19 0C with the month of March being the hottest. The cold season is experienced in July and August with an average ESMP temperature of 16.50C. The temperatures indicate that the area experiences good sunshine period which can be harvested using solar panels and used for lighting and other purposes hence reducing greatly the expenditure on electricity bill. The Seismic Zoning VI that the project site falls under refers to the intensity of damage according to the Modified Mercalli. In that scale the intensity is defined as causing difficulty in walking, windows; crockery and glass break; knick-knacks, books etc. fall off shelves; pictures falling from walls; furniture moves or is overturned; weak plaster on walls cracks etc The rocks of the project area are limited to the Tertiary and Pleistocene volcanic suite of central Kenya and are largely pyroclastic in origin and lava flows. Within the study area, the geological formation encountered range from grey and bleached agglomerates with Eutaxitic welded tuffs

ESIA Project Report for the proposed construction of Nakuru Law Courts xiii October

and sediments, Mau ashes with basal tuffs and are underlain at relatively shallow depths by Kericho Phonolites and Phonolitic nephnelites. The project site has a moderately flat land thus does not pose any challenges to do with gradient. As a result, cases of flooding and or need for cut and fill during construction which is expensive are not anticipated. The main topographic features in the area are the Mau Escarpment covering the western part of the area, the Rift Valley floor, Menengai crater with its drainage and relief system and Lake Nakuru located on the floor of the Rift Valley. The area falls under the great Lake Nakuru Drainage Basin, which is a closed drainage basin. All the water in the region flows into the Lake which is a salt water lake. It is a closed basin sandwiched between the Menengai crater, Bahati escarpment, Mau Escarpment, Eburru crater and the gentle grasslands between Lake Nakuru and Elementaita basins. In the wider Nakuru urban context there, are four main rivers namely River Njoro/ Ndarugu, Lamuriak, Enderit and Meroroni. During the survey, it was noted that the proposed project site is within the stipulated acceptable noise levels by EMCA noise regulations. The project site has noise levels of 66.2 Db(A). The lowest noise (45 DbA) was recorded by a point at 62 m east of the project site. The project area is occupied by human settlement. Very few animal and plant species were observed during the field survey due to loss of the initial habitat following removal of primary vegetation to pave way for human developments. The project site is 3.4 Km from the Lake Nakuru National park that is located in the Eastern Rift Valley. No species listed as endangered in the IUCN Red List of endangered species were found within the project site. The contractor should ensure that there is minimal cutting of vegetation and that which has to be cut has to be replanted as some of the vegetation acts as shelters for the fauna. Nakuru is rated 7th among the high burden counties and 10th among high incidence counties (Kenya HIV prevention revolution roadmap). According to KAIS 2012, the prevalence for the County stands at 5.3% with a total number of 66,295 PLHIV with 58,397 being adults and 7,898 being Children. In the year 2014, the County had about 4,127 new HIV infections with 199 HIV infections being among children. Pregnant women living with HIV are estimated to be 2,583, with AnC Positivity at 3.4 % (Kenya HIV County Profiles, 2014). There are about 16 educational institutions around the project area but are not expected to be affected by the project. From the 16 institutions, there are 3 tertiary institutions and 13 primary Schools. E5 Project Description

Lower Ground Floor The ground floor has been designed to have four security cells (2No. ordinary security cells and 2 No. special cells) on for each gender. The floor will also have one male and female prison for adults. There will be a prison office and a prison desk to handle matters relating to prisoners and a similar one for police officers (office and a desk). There will be four separate washrooms for the women and three for men adjacent to each other on the right rear end of the building. The men`s washroom will have an inclusion of a urinal. These washrooms will be equipped with four wash hand basins. Security will be manned in a CCTV monitoring and audio-Visual room. The floor will have access to one lift, one of prison circulation stairway for the prisoners. This will be located near the UPS/power room adjacent to the parking area. There will be a parking designated for the judicial officers in the lower basement that will be accessed via a ramp made of reinforced concrete. There will be 16 parking spaces for the Judicial staff.

ESIA Project Report for the proposed construction of Nakuru Law Courts xiv October

Upper ground floor The Upper Ground floor will have access through 9 stairs ways, 4 ramps and one elevator, a fire exit fire has also been provided on the right wing of the building. The building has provision for ramps to cater for persons with disabilities. Stair cases have also been provided for the ordinary persons. There will be five court rooms (Court 1- 5) located side by side that will have witness protection room. A registry has been provided to keep the files for the ongoing cases; the registry has been separated as follows: Land registry; Industrial registry; Environment registry; Traffic registry; Criminal registry; and Civil registry. At the main entrance of the building will be a service hall that will have an information desk, 6 service counters for the service registries. A cashier where all the payments to the courts can be has also been provided for in the service hall. Other rooms that will be on this floor include: Witness protection room; ICT room; Audio Visual monitoring room Server room; CCTV monitoring room. The public will have access to washrooms (3 WC for men with a urinal and 3 WC for women) all the washrooms will be fitted with a wash hand Basins provided for in the toilet. An additional water closet provided for the persons with disabilities. First floor The access to the first floor is has been provided for through 9 stair ways, 4 ramps and one elevator, a fire exit fire has also been provided on the right wing of the building. The building has provision for ramps to cater for persons with disabilities. Stair cases have also been provided for the ordinary persons. There will be five court rooms (Court 6- 10) located side by side that will have witness protection room. Like the upper ground floor, the 1st floor (appeals courts) will have to keep the files for the ongoing cases. The advocates will have a lounge on the western side of the floor near the entrance lobby, it will have a kitchenette and their own washrooms separated for both genders. Other utility rooms provided for within the building are: Prosecutors lounge; Prosecutor`s office; probation office; transcription room; and Dry cleaners store. Second Floor This floor will have 8 high court judge chambers with an allowance of 1 secretary each. These offices will be self-contained with water closet (WC) and a Wash Hand Basin (WHB). There will be a judicial lounge, a library and a security desk situated on this floor. There will be two separate washrooms for the women and men adjacent to each other on the right rear end of the building. The men`s washroom will have a inclusion of a urinal. These washrooms will be equipped with two wash hand basins and one water closet. Access to the floor can be through 2 ramps, 5 staircases or one available lifts on the floor. Third floor This floor will be similar to the second floor with regards to the Judge`s chambers with their secretaries. The difference between the 2 floors is that the third floor will have two boardrooms and a covered terrace but will lack a judicial lounge, a library and a security desk situated. This floor will have 7 high court judge chambers with an allowance of 1 secretary each. These offices will be self-contained with water closet (WC) and a Wash Hand Basin (WHB). Access to the floor can be through 2 ramps, 5 staircases or one available lifts on the floor. E5 Public consultations and Stakeholder Engagement

The stakeholders are categorised into two groups; that is, the primary stakeholders, and secondary stakeholders. Primary stakeholders are those who are directly affected by the

ESIA Project Report for the proposed construction of Nakuru Law Courts xv October

developmental intervention either positively or negatively. They consist of the project proponent, the local population in the project’s primary zone of influence or impact. Secondary stakeholders are those who influence a development intervention or those that are affected indirectly by the proposed project. They include the proponent, the line ministries, County Government, and the Civil Society Organizations. The consultation programme was developed and implemented considering the project areas of influence. Table below outlines the stakeholders to be consulted.

Stakeholder category Stakeholder Consultations

Primary

Project proponent A consultative meeting was held with the Executive Court Officer, Nakuru Law Court

Members of the public Advocates at Nakuru Law Courts Construction site manager

Neighbouring business owners

Members of the public who use Nakuru Law Court were consulted in two phases as attached on Annex 1: A questionnaire was used to gather the public’s interactions with the court and how the proposed developments would affect their activities, access to court services and any foreseen environmental impacts

Secondary

Governments Agencies The following line ministries were consulted Judiciary staff Probation officer Children officer Police commander,

Nakuru police station Prosecution counsel Administration police

The stakeholders were consulted on one on one meetings and their views, concerns and comments on the proposed projects were gathered using a questionnaire that will be appended in the ESIA Project Report.

Issues arising from consultations Consultations were held with members of the public (a consultation matrix is annexed) in 2014. A questionnaire was used to gather their views and comments as enumerated below. Court rooms: The new court building will house the Court of Appeal and the High court. There is no permanent court of appeal in Nakuru currently. Once or twice a month a visiting Court of appeal Judge comes from Nairobi or Nyeri. When they visit, they come with their own support staff. This leads to a displacement of the resident judge and magistrates and their staff to create room for the visiting judges. This over the years has created congestion and displacement f staff in the existing offices. The new building will ease this problem. Presence of the new building means that the new Judges and magistrates will be posted to Nakuru. This is expected to reduce the backlog of cases that currently have to wait to be heard in Nairobi or Nyeri. This means better and more effective service delivery to citizens. It will also lead to cutting down on expenses to transport witnesses and suspects to the respective courts in Nairobi and/or Nyeri. Congested office space: Due to congestion in the current court buildings, the court basement was refurbished to host ICT, Library, cash office, exhibit store and archives. The basement is very cold and staff are not comfortable to work from the basement since it does not have heating facilities. These basement offices will be moved to new office building. This will create a conducive and spacious work environment for the Judiciary staff.

ESIA Project Report for the proposed construction of Nakuru Law Courts xvi October

Holding cells: The old court building does not have sufficient holding cells for the prisoners and suspects from police cells. It is crowded and lacks sufficient sanitary facilities. Ventilation and housekeeping inside the holding cells is very poor. The new building offers separate cells for: adult males and females, and juveniles males. This separation of cells will be a big improvement in the security of prisoners and adherence to court holding cells requirements as guided by the law and human rights. It also make it less likely for prisoners to escape from lawful custody as they are designed with stairs that lead directly to court rooms and Judge chambers. Provision of an ablution block: Current court building had two toilets that are used by court users: staff, and the public visiting the courts. The new building design offers separate toilets for the visiting public with a separate ablution block, court staff within their offices and for the prisoners in the holding cells. This will greatly improve hygiene standards and health risks associated with lack of proper sanitation facilities. No Incinerator: During the site visit, we noted that solid waste from existing court building are collected and burned at the back of the court building. The collection point is not secured hence the backyard is littered with waste paper. The court staff expressed d concern that it is difficult to keep the compound clean and when it rains it is difficult to burn the papers due to wetness. An incinerator is important for the destruction of exhibits that are meant to be destroyed. There is need for an incinerator or a disposal pit to destroy drugs (bhang) and any other form of court evidence that needs to be destroyed. Fire safety: The existing court building is fitted with fire safety equipment; smoke and fire detectors, fire blankets and fire extinguishers. Sections heads were trained on fire safety; however, the other staff have not been trained near faire drills performed. Staffs recommend that the new building be fitted with fire equipment upon completion and all staff trained. Noise pollution: Construction activities affect court sessions due to the noise. This has two effects: i. Communication within the court is interfered. This causes a communication barrier during court proceedings, between witnesses and litigants. Sometimes it calls for the suspension of construction activities to allow court to proceed. This in the long run may increase the construction period if proper compensation measures are not put in place. E7 Assessment of impacts and mitigation measures The project will have both positive and negative impacts during construction and operational phases. Positive construction phase impacts The project will have the following key positive impacts during construction phase. Table E-2: Positive impacts during construction phase

Environmental and Social issue

Impact Enhancement / mitigation Employment opportunities:

Labour will be sourced locally in the town. During construction, approximately 100-200 casual labour will be needed and based on the existing unemployment situation as reported in the CIDP 2013-2017

All construction workers should be employed and remunerated in accordance with the provisions of Kenyan labour laws and best international practices as contained in ILO Labour and Working Conditions; Capacity building and training of men, women and youth on specialised labour that will be required during construction; Gender mainstreaming should be implemented during the recruitment process of workers

ESIA Project Report for the proposed construction of Nakuru Law Courts xvii October


Impact Enhancement / mitigation to work in the construction process; Inclusion of availability of jobs for the project and process for recruitment into the communications plan.

Increase in economic activities in the area:

This will be an opportunity for the suppliers of construction materials and other utility suppliers to gain additional market and sell their goods in the project area. In turn, this may boost their profit margin which is an advantage to their businesses. The spill-over effect because of tax remittance will contribute towards economic development of the nation.

Use the locally available materials as far as feasible.

Negative construction phase impacts The project will have the following key negative impacts during construction phase. Table E-2: Negative impacts during construction phase

Project Activity/ environmental concern

Possible Impacts Mitigation Measures

Soil Erosion The topography of the site is undulating and therefore there is a risk of soil erosion during excavation/ construction works, or if inadequate measures for storm water management is not put in place

Excavation meant for disposal should be deposited in areas defined for their disposal to reduce risks of being washed away by elements of weather and spillover effects to neighboring lands or the river Project implementation plans should be developed such that section excavated are worked on and completed before moving to other areas.

HIV/AIDS The proposed Nakuru law courts construction will improve the economic status of the people employed thus increasing the disposable income with the probability of indulgence in substance abuse and using the money to solicit for sex.

Conduct regular health screening for all workers including contractors and subcontractors in line with Kenyan legislation. Develop and implement at HIV/AIDS Policy to promote awareness of HIV/AIDS and access to treatment. Employees contractors and subcontractors will be required to follow, and will be trained in, the Worker Code of Conduct which includes context specific guidelines on worker-community interactions, worker-worker interactions and alcohol and drug use.

Solid waste The proposed project is expected to generate wastes such as fugitive soil, debris, cement bags, plastic containers, vehicles spare parts, waste oil, old tyres, obsolete equipment, metal end cuts especially at still section, iron sheet at the camp site, stripped off

Provide suitable and well labelled solid waste containers; Proper segregation of solid waste; Reduce generation of solid waste at the source; Reuse of top soil for landscaping of the site; Empty packaging materials like cartons and cement bags should be piled in a safe place and sold to waste paper recyclers; Other solid waste to be disposed at

ESIA Project Report for the proposed construction of Nakuru Law Courts xviii October

Project Activity/ environmental concern

Possible Impacts Mitigation Measures

vegetation, glass materials, and packaging materials

designated sites;

Positive operation phase impacts The project will have the following positive impacts during operational phase. Table E-3: Positive impacts during Operational phase Environmental and Social issue

Impact Enhancement / mitigation Improved judicial performance

It has been noted that insufficient court rooms to handle cases has led to increased case backlogs in the Kenyan judiciary. By building the new courts with the facilities, it is expected that the 4 magistrate courts will increase the ability of the county court clearing the case backlogs.

Implement all the components of the JPIP; The building should be built to specification to avoid constant repair work that will cause inconveniences; and Proper site planning to improve.

Employment Creation:

Operation and maintenance of the proposed High court will create jobs. This may result in a net increase in the number of employed people, or merely a shift of workers from one job or sector to another.

Ensure that the gender and youth provision is considered during employment.

Court decongestion The new court replaces the old dilapidated infrastructure currently being used by the court. This will lead to improved Hygienic conditions conducive for human

habitation; Adequate light, toilet and washing facilities and outdoor area.

The contractor should build the Court as specified in the drawings

Increased demand for goods and services

The court is expected to require several goods and services during its operation such as grounds men cleaners, printing paper, among others. The suppliers to these goods and services are expected to gain market for their goods and services. Photocopying and banking services are highly associated with court system due to bail or bond payment and

Tender of services should be open and transparent; Services should be procured from the local community; Preference should be given to the local suppliers; and Space should be provided for banking agents;

ESIA Project Report for the proposed construction of Nakuru Law Courts xix October

Negative operation phase impacts Table E-4: Negative impacts during Operational phase


Impact Enhancement / mitigation Noise pollution The project site is located next to the

sensitive areas such as: University of Nairobi Nakuru

campus; Nakuru Central police station; Nakuru teachers training college; Nyayo gardens Hotel Cathay; and Nakuru County Government Offices;

Construction activities will generate noise from vehicles used for transportation of material and workers to site, operation of heavy equipment and machinery for site preparation and facility erection and diesel generators used for on-site power generation. It is expected that the court will have a high capacity to handle cases which would mean more people within the project site. More vehicles are also expected to be accessing the site. This is expected to increase the ambient noise levels of the area. Given the facilities neighbouring the site are institutional offices and staff quarters, high noise levels within the court will affect the operation of people near the court.

The court rooms should have sound proofing mechanisms; There should be no hooting within the court area; Undertake a baseline noise survey to establish existing noise levels; and The generators should be maintained and serviced per manufacturers’ standards to ensure minimal vibrations & noise emissions;

Resource consumption

The court is designed to have facilities that will require a high consumption of water and electricity. Though the power demand by the building has not been determined as at the time of carrying out the study, it is expected that the building facilities such as hot showers, lifts, artificial lighting among will burden the power supply.

The court facilities should be modern and of high water efficiency; The natural lighting proposed for the building should be used as much as possible; Electrical gadgets should be of the energy saving quality to reduce power consumption;

Increased waste generation

The high human traffic within the court facility is expected to come with it waste generation. The court facilities should therefore have waste collection and management facilities. The washrooms will be a source of waste water that will need to be properly channelled.

Runoff collected from the rooftops will be harvested into water storage tanks for use in court cleaning; Build storm water drains that join up with the town’s storm water drainage system; and Broken and leaking liquid waste facilities should be repaired as soon as the break.

ESIA Project Report for the proposed construction of Nakuru Law Courts xx October

E8 Environmental and Social Management Best practice in construction environmental management will be achieved through implementation of a detailed Environmental and Social Management Plan (ESMP). The contractor will be responsible for environmental management and related social components during the construction and will be monitored by the supervising engineer. The ESMP covers all necessary steps to mitigate negative impacts. These include measures during construction to mitigate risks of: a) Traffic congestion;(b) air and noise pollution;(c) Water and Soil contamination on work sites and around work camps (including littering and waste disposal); (f) Generation of dust during construction;(g) HIV/AIDS awareness programs for construction workers; and (h) Risk of accidents and occupational safety of workers on construction sites. Environmental and Social Management Plan (ESMP) shall constitute part of specifications for the contractor to ensure that the mitigation measures are implemented. E9 Conclusion The demand for improved judicial courts infrastructure in Kenya by far outstrips supply. Problems of access to courts are compounded by their physical distance for many Kenyans, such that physical difficulties and travel costs alone prohibit access to the formal justice system. The court houses and associated facilities (also referred to as project area) that are proposed to be constructed are expected to generate environmental and social impacts that require mitigation. The project poses no significant threat to the environmental aspects of the project area. The predicted negative environmental impacts from the implementation of the project can be readily mitigated with implementation of the measures designed in this report. The following recommendations are made with respect to the project: All the required approvals are sought before commencement The Contractor hires competent staff to supervise the implementation of this report The construction of the law Court should utilise the locally available labour and

materials; Ensure the reported sentiments expressed by the community are integrated in the implemented plan of the project, especially where aspects of social interest are concerned; JPIP implementation Unit and the contractor should rehabilitate all sites that are used for construction activities such as sites for storage of materials and any access that may be established during the construction phase;

ESIA Project Report for the proposed construction of Nakuru Law Courts 1-1 October

1 INTRODUCTION 1.1 General project overview The Judicial Performance Improvement Project (JPIP) is a World Bank funded project to the Judiciary. In line with the new Constitution in which the judicial reforms are anchored, Judiciary Transformation Framework(JTF) 2012 – 2016 and the Judiciary Strategic Plan, 2014-2018, considered earlier viable reforms and the spirit of the new constitution highlighted infrastructure development as major pillar in implementing the SJT. It proposed to have the over 100 court construction and rehabilitation works initiated in the first phase of Judiciary Transformation, tremendous progress has been made in this regard with several projects completed while others are at various stages of completion. Under the SJT, all the construction works started under JTF will be completed and emphasis will be placed on concluding these constructions within time and within budget. New infrastructure projects will be commenced guided by the long-term Judiciary Infrastructure Development Plan. The SJT also proposes to accelerate establishment of High Courts in all counties, use formulated criterion to establish and operationalise mobile courts and to Leverage the efficiencies of the decentralised Court of Appeal. The overall project has been divided into four key components namely: Access to courts and new information -> Construction of new courts is in this

component; Timeliness of Judicial services -> Rehabilitation of courts is in this component; Performance and quality of decision making; Project Management. The proposed rehabilitation of existing courts and the construction of new Magistrates and High Courts and associated facilities are intended to promote “Access to Justice”. The court infrastructure development has involved the following activities: Site selection and acquisition; Court design; Application and acquisition local area permits and licenses for construction; Clearing of vegetation at the site area to pave way for court construction; Soil excavation activities; Temporary storage of excavated materials; Transportation of excavated materials away from site and building materials to site; Court construction activities’; Court operation activities; and Court operation monitoring and evaluation;

Out of the four components of the JPIP, the Court Infrastructure component is likely to generate environmental and social impacts that requires environmental and social safeguards monitoring. This component aims to overcome obstacles Kenyans face in obtaining access to justice, including access to courts. Under this component, with the World Bank financing the Judiciary shall rehabilitate 30 existing courts and construct eight (8) new High Courts and two (2) Magistrate Courts in Kenya. The ESIA study was conducted by DR. Romanus Opiyo from September to October 2014 and report reviewed and updated by Mr. George Goro Owuor ESIA Lead Expert on behalf of JPIP. Updating of the ESIA as undertaken by the Consultant has focused on addressing the gaps identified following a gap analysis, by the world Bank and JPIP.


1.2 Project Location Nakuru town is located 160 km North West of Nairobi, along Nairobi- Nakuru- Eldoret Highway. The town lies at an average altitude of approximately 1840 meters above the sea level. It lies between latitudes 0˚15' and 0˚31'S, and longitude 36˚00' and 36˚12'E, with an average altitude of 1859 meters above sea level. It borders Menengai Crater to the North, Bahati Escarpment to the North East and Lake Nakuru National Park to the South. It is at the floor of the Rift Valley and is centrally located within Nakuru County The coordinates of the corners of the proposed Law Court is as below:

1. Point A 0°17'17.10"S, 36° 4'12.33"E; 2. Point B 0°17'13.99"S 36° 4'11.35"E; 3. Point C 0°17'15.28"S 36° 4'7.53"E; 4. Point D 0°17'18.22"S 36° 4'8.46"E.

A Google map showing the location of the existing law court and proposed project, obtained from the Google Maps, is presented in Figure 1-1.


Figure 1-1: Location Map showing the existing Nakuru law court

Source: Google Earth


1.3 Objective of the consultancy Services The primary objective of this short-term consultancy is to review and update the draft ESIA report which was prepared by DR. Romanus Opiyo and their associated Environmental and Social Management Plans (ESMP), to ensure they (as appropriate) and update in line with the World Bank Standards. The specific Objectives are as below: Identify nearest sensitive receptors; Incorporate a social baseline assessment (including, but not limited, to Gender Inequality status and current HIV/Aids status of the county the court is in); Ensure World Bank safeguards policies are properly identified; Identify the fire and life safety designs requirements from the EHS guidelines; Address construction waste disposal; Identify the likelihood of labor influx because of construction and, if likely, suggest

measures to mitigate any risks of adverse impacts on communities; Include the institutional arrangements for safeguard implementation and reporting during construction; Make appropriate reference to the Project grievance redress mechanism; Ensure that World Bank EHS Guidelines are taken to account; Update the Environmental and Social Management Plan (ESMP) to reflect the changes made in the report.

1.4 Project Justification Kenya’s Judiciary faces significant challenges in achieving effective access to justice for the population due to geographical and physical barriers. The Judiciary Case Audit and Institutional Capacity Survey, 2014, indicated that there is inadequate infrastructure at the Judiciary as a priority area. The case audit found that 74 per cent of all the Court stations had five (5) or less court rooms each while 26.5 per cent had more than five (5) court rooms. Further results of the case audit indicated that in some courts, the judicial officers outnumber the court rooms thus denoting a shortage of court rooms and consequently impacting negatively on case clearance. About 25.64 per cent of the courts stations had more judicial officers than court rooms while 70 per cent of the court stations had inadequate chambers for judicial officers. Within regards to facilities associated with courts, the audit survey found that 14 per cent of the court stations had adequate registries, 23 per cent had adequate cells and holding facilities and 12 per cent had provisions for accessibility by persons with disabilities. The courts Stations (22%) were found to lack public washrooms while 90 per cent of the court stations had no special facilities for children. In addition to this, 80 per cent of the court stations had no adequate public waiting area while some courtrooms were in a deplorable state some to the extent of operating in condemned buildings. The proposed Court Infrastructure component of the JPIP will offer significant benefits to social welfare through improvement of access to court facilities and significant reduction in travel time and cost to access courts.


The component will focus on developing the necessary infrastructure for the Judiciary to hold trials and provide access to courts by providing the physical space necessary. It will help to address a multitude of infrastructure related issues in the country, including the shortage of courts; building deterioration and structural problems affecting functionality, health, and safety; inadequate security, particularly around internal building circulation for judges, public, and defendants in remand; lack of public amenities, such as handicapped accessibility and restrooms, great distances and travel times to courts for many citizens, etc. 1.5 Objectives of the ESIA Study The main objectives of the environmental and social impact study are to: To comply with the Environmental (Impact Assessment and Audit) Regulations, 2003, Regulations; Determine the sustainability of the project on World Bank`s environmental and social

safeguard policies; Provide a baseline description of bio-physical and socio-cultural environment of the project area; Assess potential impacts of the project on the bio-physical and socio-cultural environment; Assess the project’s impact to HIV/AIDs status of the project area; Assess impact of the project on the gender inequality issues exist or that might occur as a result implementing the project; Assess the compatibility of the project to the County Integrated Development Plan; Design appropriate cost based mitigation, management and monitoring measures.

1.6 ESIA Methodology

1.6.1 Desk Study Desktop studies were carried out to provide a detailed description of the, project area`s bio physical, socio cultural, and socio-economic environment, proposed court features and its associated infrastructure. This was done to determine the anticipated impacts of the proposed project. The desktop review was conducted before and after the site visit involving review of the following documents: Draft ESIA Study Report, by DR. Romanus Opiyo; Judiciary Strategic Plan, 2014-2018, Judiciary Case Audit and Institutional Capacity Survey, 2014; Nakuru County Integrated Development Plan 2013-2017 Environmental Management and Co-ordination(Amended) Act, 2015 and EIA/EA

Regulations 2003; The Kenyan Constitution 2010; and Other relevant laws, regulations and policy documents.; World Bank operational safeguard policies relevant to the Project 1.6.2 Field Study

The initial field study was conducted by DR. Romanus Opiyo from September to October 2014. The physical evaluation of the project area was carried out with specific focus on landform trends,


land use patterns, biodiversity, natural resources, hydrology and climatic variations through the route. This was also an evaluation of the current environmental status with respect to physical, biological and socio-cultural perspectives. It is a systematic field inspection backed with available documentation and direct interviews. Field evaluation was planned to enable determination of the exact physical environmental features to be affected within the proximity of the project site. In addition to identifying the potential positive and negative impacts, field assessments contributed towards selection of suitable alternative sites and components of the proposed court building. The study tools applied during the field study are: Transect walks; Vegetation survey Noise measurements; Stakeholder consultations which included; Public meetings, key informant interviews and

Focus Group Discussions with women. Key informant interviews. (a) Equipment and tools used to collect important data in this Report Field equipment and machines mentioned here below were used to acquire important data during the Nakuru law courts field work survey; 1. Garmin 12 Global Positioning System (GPS) to get the coordinates and altitude of the law court. 2. Suuto Clinometer Height Meter, to get the percentage slope of the land/area on which the court

is located and to estimate the heights of tree currently in the compound of the law courts. 3. Silver campus, to determine the directions of the law courts in relations to other developments

structures etc. 4. Sony Cyber-shot digital camera to acquire photographs and images of relevant features etc. 5. Shears for plant/tree specimen collection. The specimens collected during the field work were

then taken to the National Botanical Herbarium at the National Museums of Kenya, followed by literature review their suitability in where they were noted to be growing. Their overall silvicultural behaviours formed an interest and hence the recommendations below at what stem diameter at breast height (DBH) they should be felled and replaced.

6. Tree diameter tape, to measure tree diameters always determined at 1.3 meters from the ground level. Some indigenous and exotic tree species tend to rot from their birth outwards as they approach their silvicultural rotation (life cycle), and at that age of diameter size, they are susceptible to wind falls hence making them dangerous to be left standing due to their vulnerability to fall with potential destructive consequences.

(b) Transect walks During the visit, a site walk survey of the project area was undertaken by the project team and involved the following: Transect walks including participatory transect walks with key informants from the project

area; Conduct of an inventory of site observations including photographs to record and document existing site conditions. Undertake rapid vegetation survey on the proposed site for development

Based on the site visit and discussions held with the project team, observations relevant to project and which could influence the ESIA were identified.


(c) Stakeholder Engagements Public consultations were undertaken during the Environment and Social Impact Assessment study to document disclose the perceived Environmental and Social impacts to the Community leaving nearby and the public who are expected to use the services of the proposed development during construction and operational phases of the project. In general, the following steps were followed in carrying out Stakeholder engagement process: - Identification of institutions and individuals interested in the process and compiling a

database of the interested and affected parties; Administration of questionnaires to different target groups and local community members within the proposed project site. The stakeholder engagement exercise was conducted in two ways, namely; Key Informant Interviews with institutional heads with relevant to the Court process; Focus Group Discussions with selected institutional representatives. Consultations with the people living and working within the project areas was conducted in the project area with the help of the local administration including the Deputy County Commissioners (DCC), Assistant County Commissioners (ACC), chiefs and assistant chiefs. Key stakeholders within the court process were identified as National Police Service, Prisons Department, Children Office, Probation Department, Ministry of Health and Kenya Revenue Authority. The discussions during these public meetings were centred on key emerging issues relating to the project as well as its likely impacts on the people working or living within the project area. To ensure proper dissemination of information, the public was informed through public consultation/stakeholder engagements forms that contained a brief project description.

(d) Key Informant Interviews One-on-one interviews was held with different representatives of the civil, government agencies and other institutions in the project area, from, Judiciary, National Administration and County Government to assist in identification and analysis of impacts to the people and institutions in the project area. These interviews were conducted to augment and confirm data and information obtained using the other tools and methodologies.

1.6.3 Data Analysis and Impact Prediction

Upon data analysis, potential environmental impacts (both positive and adverse) were predicted based on available tools. Impact prediction in this study drew heavily on the Reference Guidelines for Environmental Assessments developed by USAID/ REDSO/ WCA – Abidjan. The magnitude, significance, and acceptability of predicted impacts were evaluated with a view to determining whether observed adverse impacts are significant enough to warrant mitigation. To achieve this, predicted impacts were described in both quantitative and qualitative terms through application of existing body of knowledge, checklists, flow charts, monographs and input from diverse stakeholders. Impacts were further screened for occurrence and significance of residual (those which cannot be mitigated satisfactorily) and cumulative impacts with a view to providing a basis of making recommendations on the way forward for the construction of the Nakuru law Courts. 1.6.4 Identification of mitigation measures Measures or interventions necessary to minimise, reduce, avoid or offset identified adverse impacts were evaluated and presented in form of an Impact Mitigation Plan for the proposed development.


1.6.5 Incorporating public views into the ESIA report Views of those affected by or interested in the project informed identification and evaluation of both social and environmental impacts and was considered in the formulation of mitigation measures and preparation of the environment management plan.


1.7 Structure of the ESIA Project Report This report has been prepared under the following chapters: Executive This section presents a summary of the significant findings and Summary recommended actions, with an emphasis on expected impacts and

management measures. Chapter 1: Introduction: This chapter presents the project background, its location,

objectives of the study, project justification, the methodology, the ESIA team, Project implementing Agency and the structure of the full study report.

Chapter 2: Policy, legal and institutional / administrative framework: This chapter outlines the policy, legal and institutional / administrative requirements from Kenya and other international regulations relevant to this project.

Chapter 3: Description of the project environment: This chapter gives a description of the Physical, Biological and Socio-economic environmental setting of the project area.

Chapter 4: Project description: This chapter gives description of the project location,

project design and proposed engineering works. Chapter 5: Project alternatives: This section discusses the alternatives to the project

including ‘the No action’ alternative Chapter 6: Public Consultation and Disclosure: This chapter presents introduction to

public consultation and the results of the consultation process. Chapter 7: Potential impacts and mitigation measures: This chapter presents the

analysis of beneficial and adverse impacts of the project on the biophysical and human (social, cultural and economic) environments.

Chapter 8: Environmental and Social Management and Monitoring Plan: This chapter presents the proposed Environmental and Social Management Plan prepared for the project. It gives a summary of the impacts highlighting the type of impact, how it will be mitigated, the responsibility, timeframe and cost of implementing the mitigation measure.

Chapter 9: Conclusions: The conclusion briefly presents the environmental and social acceptability of the project, considering the impacts and measures identified during the assessment process.

Chapter 10: References: The chapter presents all the reference material used during the study.


2 POLICY, LEGAL AND REGULATORY FRAMEWORK 2.1 General Overview Regulation 18 (1) (b) of the Environmental (Impact Assessment and Audit) Regulations, 2003 requires an environmental assessment study report to, among others; include a concise description of national environmental legislative and regulatory framework. This Chapter presents a review of the current policy, legal and regulatory framework applicable to environmental management of the proposed Nakuru Law Courts. 2.2 Policy Frameworks Recent policy and legislative developments have been substantially directed at redefining the role of the state with separation of policy and regulation (state responsibility) from implementation (private sector and/or statutory bodies). At the same time, there has also been movement to redefine the role of the state vis-à-vis the individual and/or community groups. The new constitution and policies such as the National Land Policy have considerably strengthened the community rights. This is critically important as developments such as the proposed project components can create social conflicts with the affected communities or individuals effectively delaying the project. This implies a need to engage the affected communities from the earliest stages of project planning.

2.2.1 Environmental Policy Environment is a broad term representing the totality of the surrounding such as plants, animal’s microorganisms, socio economic and cultural factors. It includes the physical factors of the surroundings of human beings such as land, water, atmosphere, sound, odour, taste, the biological factors of animals and plants and the social factors of aesthetics and includes both the natural and the built environment. Kenya is blessed with mega biodiversity and enjoys a unique tropical climate with varying weather patterns due to differing topographical dimensions. The country has a wide variety of ecosystems namely mountains, forests, arid and semi-arid areas (ASALs), freshwater, wetlands, coastal and marine all offering many opportunities for sustainable human, social and economic development. These ecosystems are natural capitals which provide important regulatory services (such as forests and mountains serving to regulate water flow, sustain biodiversity), provision services (such as forests providing timber and fuel wood), cultural services (such as aesthetic, recreational or spiritual values and uses) and supporting services (such as soil formation, nutrient cycling and primary production). The survival and socio-economic wellbeing of Kenyans is ultimately intertwined with the environment. Most Kenyan citizens depend directly or indirectly on environmental goods and services. In addition, Kenya’s environmental resources contribute directly and indirectly to the local and national economy through revenue generation and wealth creation in such productive sectors as agriculture, fisheries, livestock, water, energy, forestry, trade, tourism and industry. That is why the environment has been an essential feature of Kenya’s development policy. Environmental imperatives were initially captured through periodic development planning cycles. Whole sections or chapters of successive National Development Plans have dealt with the environment since independence. But modern-day environment management and planning in Kenya can be traced to the Rio Earth Summit of 1992, which helped a great deal in raising the understanding of the link between environment and development. Following the Summit, Kenya initiated the National Environment Action Plan (NEAP)process. This was completed in 1994. It recommended the need for a national policy and law on the environment. It is significant therefore that the global environment body UNEP is in Nairobi.


The making of this policy culminated into the Sessional Paper No. 6 of 1999 entitled Environment and Development. The legislative process gave forth the Environmental Management and Coordination Act (EMCA)No. 8 of 1999 as Kenya’s first framework environmental law. Both the Sessional Paper and the Act added to many existing sectoral laws and policies on various facets of the environment such as water, forest and minerals. This has created a diffuse system of environmental laws and policies, some of whose provisions are not in harmony making them ill-suited to aid the pursuit of sustainable development objectives as set out in the Vision 2030. This backdrop provides the justification for this Environment Policy. It gives the framework to guide the country’s efforts in addressing the ever-growing environmental issues and challenges such as: Environmental governance: Many sectoral policies and laws are not harmonised with each other and with the Constitution. These include policies and laws concerning agriculture, land, water, forests, trade and industry, which have significant implications on the environment. The sectoral rather than integrated and ecosystem approach to management of natural resources has proved inadequate in addressing environmental challenges. In addition, weak enforcement of laws and weak implementation of policies remain a major issue of concern in Kenya’s environment sector. Loss of biodiversity: Kenya continues to lose her biodiversity due to habitat destruction, overgrazing, deforestation, pollution, unsustainable harvesting of natural resources, bio piracy and introduction of invasive and alien species, among others. Invasive and alien species are a major threat to the environment. They threaten indigenous species through the effects of predation, alteration of habitat or disruption of ecosystem processes. The challenge of dealing with loss of biodiversity becomes even more complicated when one is dealing with shared resources where laws and policies of respective countries are not harmonised. Valuation of environmental and natural resources: The value of environmental resources is hardly reflected in pricing of marketed goods and services. Environmental and natural resources are largely considered as public goods. This is symptomatic of market failure. Integrating environmental considerations into the behaviour of enterprises and consumers would reflect a change in consumption and production patterns. Prioritisation of environment and natural resources remains low among policy makers partly due to inadequate appreciation of the total economic value of the sector. Thus, there is less public investment in the sector. Rehabilitation and restoration of environmentally degraded areas: There are several degraded areas in Kenya which require rehabilitation and restoration. These include wetlands, riverbanks, deforested areas, eroded shoreline, hilltops and disused quarries and mines. Urbanisation, waste management and pollution: Increasing rates of urbanisation is caused by natural growth of the urban population and rural-urban migration. Urbanisation often leads to destruction of sensitive ecosystems. Poor waste management causes urban pollution and poor health. Thus, many urban environmental problems are the result of poor management, planning and absence of coherent urban policies. Climate change, energy, security and disaster management: Climate change poses significant environmental challenges for Kenya as evidenced by the frequent droughts and water shortages that even affect power supplies. This is happening at a time when power demand is on the rise and utilisation of renewable energy sources exclusive of hydro remains relatively low. Other adverse impacts of climate change can be seen in the form of frequent and severe natural disasters such as floods, landslides and prolonged droughts. Increased frequency and intensity of extreme climatic conditions continue to undermine the country’s sustainable development. Managing climate-related disasters remains significant challenge. Public participation, environmental education and awareness: Broad public participation in decision making processes is one of the fundamental preconditions for sustainable development. This presupposes access to timely and accurate information on the environment.


Sound environmental management must be based on openness and participation at all levels. Therefore, it is imperative that environmental education and public awareness is promoted at all levels. Data and information: Inadequate and disaggregated data is a challenge for integrated planning and management of the environment and undertaking total economic valuation. Poverty: Rising poverty levels have impacted negatively on the environment. Poverty is a major cause and consequence of environmental degradation and resources depletion because of lack of alternatives. The poor rely heavily on the environment and natural resources for their livelihoods. Chemicals Management: Chemicals are an important contributor to national development across all sectors. They form an important input to agriculture, manufacturing, energy, leisure and as ingredients to commonly used materials such as plastics, electronics, refrigerators and air-conditioning. They improve the quality of life as medicines, cosmetics, foods, leisure etc. Unfortunately, they can also be dangerous because of their toxic and hazardous nature. Chemicals can be flammable, explosive and carcinogenic directly or through air, water, food and materials. These inherent risks need to be managed at production, use, transport and when it turns to waste disposed in an environmentally sound manner. The objectives of this Policy are to:

a) Provide a framework for an integrated approach to planning and sustainable management of Kenya’s environment and natural resources.

b) Strengthen the legal and institutional framework for good governance, effective coordination and management of the environment and natural resources.

c) Ensure sustainable management of the environment and natural resources, such as unique terrestrial and aquatic ecosystems, for national economic growth and improved livelihoods.

d) Promote and support research and capacity development as well as use of innovative environmental management tools such as incentives, disincentives, total economic valuation, indicators of sustainable development, Strategic Environmental Assessments (SEAs), Environmental Impact Assessments (EIAs), Environmental Audits(EA) and Payment for Environmental Services (PES).

e) Promote and enhance cooperation, collaboration, synergy, partnerships and participation in the protection, conservation, sustainable management of the environment and natural resources.

f) Ensure inclusion of cross-cutting and emerging issues such as poverty reduction, gender, disability, HIV&AIDS and other diseases in the management of the environment and natural resources.

g) Promote domestication, coordination and maximisation of benefit from Strategic Multilateral Environmental Agreements (MEAs).

Implementation of this Policy is guided by the following principles:

a) Environmental Right: Every person in Kenya has a right to a clean and healthy environment and a duty to safeguard and enhance the environment.

b) Right to Development: The right to development will be exercised taking into consideration sustainability, resource efficiency and economic, social and environmental needs.

c) Ecosystem Approach: An integrated ecosystem approach to conserving environmental resources will be adopted and enhanced to ensure that all ecosystems are managed in an integrated manner while also providing arrange of benefits to the citizenry.

d) Total Economic Value: The benefits that ecosystems generate will be integrated into the national accounting system, programmes and projects.

e) Sustainable Resource Use: Environmental resources will be utilised in a manner that does not compromise the quality and value of the resource or decrease the carrying capacity of supporting ecosystems.


f) Equity: The management of the environment and natural resources will ensure equitable access to resources for present and future generations.

g) Public Participation: A coordinated and participatory approach to environmental protection and management will be enhanced to ensure that the relevant government agencies, county governments, private sector, civil society and communities are involved in planning, implementation and decision-making processes.

h) Subsidiary: The management of the environment and natural resources will be through decentralisation and devolution of authority and responsibilities to the lowest level possible.

i) Precautionary Principle: Where there are credible threats of serious or irreversible damage to key environmental resources, lack of full scientific certainty will not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

j) Polluter Pays Principle: The polluter and users of environmental and natural resources shall bear the full environmental and social costs of their activities.

k) International Cooperation: MEAs and regional instruments will be domesticated and implemented cooperatively for better environmental management of shared resources.

l) Good Governance: Rule of law, effective institutions, transparency and accountability, respect for human rights and the meaningful participation of citizens will be integrated in environmental management.

m) Benefit sharing: Where benefits will accrue from utilisation of biodiversity, these will be shared to promote conservation and sustainable use of biodiversity.

n) Community Empowerment: Communities will be involved in decision-making and empowered in the implementation of such decisions.

Relevance This ESIA study has developed an ESMP for the project which should be implemented to mitigate the resulting impacts during the construction and operational phases of the project. This will ensure that the sensitive ecosystems are not destabilised by the subsequent project activities. This policy document is the principal guiding document in all matters of environmental management. The Contractor is required to understand the principle (g, i and j,) above.

2.2.2 Land policy The principles stated in the policy, reflect a reaction to the emphasis over the last 50 years on individual ownership of land. It adopts the position that individual tenure and customary tenure should co-exist and benefit from equal guarantees of tenure security. In section 3.2, land policy is linked to constitutional reforms; regulation of property rights is vested in the government by the Constitution with powers to regulate how private land is used to protect the public interest. The Government exercises these powers through compulsory acquisition and development control. Compulsory acquisition is the power of the State to take over land owned privately for a public purpose. However, the Government must make prompt payment of compensation. Section 3.6 under land issues requiring special intervention assert that “Land rights of minority communities shall be protected through a law to be passed specifically to secure their rights as individuals and groups and recognition of their resource management systems to ensure sustainability.” It further states, “Land rights of vulnerable groups (namely subsistence farmers, pastoralists, hunters and gatherers, agricultural labourers, unskilled workers, unemployed youth, persons with disabilities, persons living with HIV and AIDS, orphans, slum and street dwellers and the aged.) shall be addressed by creating a system for identifying, monitoring and assessment, resettling them, facilitating their participation in decision making over land and land based resources, and protecting their land rights”. Relevance This policy document will come in handy in terms of land ownership of the project area.


2.2.3 Kenya’s Vision 2030

Kenya Vision 2030 is the country’s new development blueprint covering the period 2008-2030. It aims to transform Kenya into a newly industrialised, ‘’middle income country providing a high quality of life to all its citizens by the year 2030’’. The vision was developed through an all-inclusive and participatory stakeholder consultative process, involving Kenyans from all parts of the country The Vision 2030 is based on 3 key pillars; Economic Pillar, Social Pillar, and Political Pillar. The economic, social and political pillars of Kenya Vision 2030 are anchored on the following foundations: macroeconomic stability; continuity in governance reforms; enhanced equity and wealth creation opportunities for the poor; infrastructure; energy; science, technology and innovation, land reform; human resources development; security and public-sector reforms. The vision of the infrastructure section is “to provide cost-effective world-class infrastructure facilities and services in support of Vision 2030”. Poor infrastructure was identified as a major constraint to doing business. It was repeatedly cited as a necessity to improving the livelihoods of people in consultation held in farming and pastoral districts. Infrastructure is also important in improving our security. Successful transition to Vision 2030 calls for a considerable shift in the way Kenya deploys her resources to acquire the necessary capacity and access to infrastructure services (transport, telecommunications, energy, water, sewerage and sanitation and meteorological services) by firms and citizens in their wealth-creation efforts. Relevance Kenya Vision 2030 is anchored on 3 pillars one of them being the social pillar, construction of the court is expected to improve the efficiency of the courts in handling court cases which will strengthen the social pillar. Provision of employment to the construction workers and the additional staff to work in the courts is expected to strengthen the Economic pillar.

2.2.4 The National Biodiversity Strategy, 2007 The overall objective of the National Biodiversity Strategy and Action Plan (NBSAP) is to address the national and international undertakings elaborated in Article 6 of the Convention on Biological Diversity (CBD). It is a national framework of action to ensure that the present rate of biodiversity loss is reversed and the present levels of biological resources are maintained at sustainable levels for posterity. The general objectives of the strategy are to conserve Kenya’s biodiversity to sustainably use its components; to fairly and equitably share the benefits arising from the utilization of biological resources among the stakeholders; and to enhance technical and scientific cooperation nationally and internationally, including the exchange of information in support of biological conservation. Relevance The project falls where there is little biodiversity but with a few mature trees typical of the project area. Therefore, the contractor should ensure that clearance of vegetation is only made to the areas that need clearance and they also employ best environmental management practices, to retain the biodiversity.

2.2.5 Sustainable Development Goals (SDGs) The SDGs provide a framework for the entire international community to work together towards a common end making sure that human development reaches everyone, everywhere. If these goals are achieved, world poverty will be cut by half, tens of millions of lives will be saved, and billions more people will have the opportunity to benefit from the global economy. Up to 2015, the development agenda was centred on the Millennium Development Goals (MDGs), which were officially established following the Millennium Summit of the United Nations in 2000. The MDGs were supposed to be achieved by 2015, so a further process was needed


to agree and develop development goals from 2015-2030. Discussion on the post-2015 framework for international development began well in advance. On 19 July 2014, the UN General Assembly's Open Working Group on Sustainable Development Goals (SDGs) forwarded a proposal for the SDGs to the Assembly. The proposal contained 17 goals with 169 targets covering a broad range of sustainable development issues one of which is to ensure availability and sustainable management of water and sanitation for all”. This is goal number 6 in the SDG. Kenya has made great strides in achieving goal number 7 in the MDG`s. these efforts will be carried on into the new era of SDG. SDG 16 talks about Peace, justice and effective, accountable and inclusive institutions are at the core of sustainable development. Kenya has enjoyed increased and sustained levels of peace and security but many areas still face protracted armed conflict and violence, and far too many people struggle because of weak institutions and the lack of access to justice, information and other fundamental freedoms. Sexual violence is one of the most unsettling of women and children’s rights violations. Yet underreporting and the lack of comparable data limit understanding of the full extent of the problem. Low- and middle-income countries suggest that the proportion of women aged between 18 and 29 who experienced sexual violence for the first time before the age of 18. Relevance Improvement of the justice system in Kenya especially in Nakuru County to reduce the backlogs experienced due to inadequate facilities to improve the expedition of judicial services. The construction of the law courts is therefore expected to straighten the Sustainable Development Goal 16. 2.3 Legal framework

2.3.1 The Constitution of Kenya In the Constitution of Kenya, 2010 Part II (Environment and Natural Resources), (I) the State clearly undertakes to carry out the following: Ensure sustainable exploitation, utilization, management and conservation of the

environment and natural resources, and ensure the equitable sharing of the accruing benefits; Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; Encourage public participation in the management, protection and conservation of the environment; Protect genetic resources and biological diversity; Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; Eliminate processes and activities that are likely to endanger the environment; and Utilize the environment and natural resources for the benefit of the people of Kenya.

(II) “Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Chapter 5 on land and environment emphasizes on the following: Land use and management shall by law benefit local communities; Community land is protected from encroachment by state;


Rivers, forests and water bodies shall be protected by law; Equitable access to land; and All lawful land rights are secured; only someone who has stolen land needs to worry; County Governments will manage land in trust of the people in accordance with the constitution.

Relevance The Contractor and the Project Proponent should observe the above stated conditions in as far as environmental protection is concerned to ensure non-infringement on the rights of the people within the project area to a clean environment.

2.3.1 Building Code, 1968 (Reprinted 1997) The Local Government (Adoptive By-Laws) (Building) order 1968 – Legal Notice No. 15 has different requirements on developers as far as development is concerned. In Section 3(1), a person who erects a building or develops land or changes the use of a building or land, or who owns or occupies a building or land shall comply with the requirement of these By-Laws. Per section 4, a person who intends to erect a building shall submit a written application to the council. Section 5 requires a person who intends to erect a building or materials, change the use of a building or part of a building shall furnish the council with building plans. Section 194 requires that where sewer exists, the occupants of the nearby premises shall apply to the local authority for a permit to connect to the sewer line and all the wastewater must be discharged into sewers. Relevance The Contractor and the design team must ensure that all the building complies with the building code. JPIP must submit a copy of the building plans to the Nakuru County planning office for approval.

2.3.2 The National Museums Act (Cap216) This Act provides for control, management and development of national museums and the identification, protection, conservation and transmission of the cultural and natural heritage of Kenya. Under Section 30. Where a person discovers a monument or object of archaeological or paleontological interest, the person shall, within seven days, give notice thereof, indicating the precise site and circumstances of the discovery, to the National Museums, and in the case of an object, shall deliver the object to the National Museums or to the District Commissioner to keep it for any purpose or for any purpose or for any period. Under Section 31 Subjects to section 27, no person shall move a monument or object of archaeological or paleontological interest from the place where it has been discovered otherwise than in such manner and to such place as may be allowed by an exploration license, or by written permit from the Minister after consultation with the National Museums. The Act by notice in the Gazette, prohibit or restrict access thereto or any development thereof, or the use thereof for agriculture or livestock, or activity thereon of protected areas. Relevance Where the Contractor encounters or discovers a monument or object of archaeological or paleontological interest during construction of the courts, he will be required to comply with this Act by reporting such findings to the museums of Kenya.

2.3.3 The Environment Management and Coordination (Amended) Act, 2015 The Environment Management and Coordination (Amended) Act, 2015 provides the main legal and institutional framework under which the environment in general is to be managed. EMCA


is implemented by the guiding principle that every person has a right to a clean and healthy environment and can seek redress through the High court if this right has been, is likely to be or is being contravened. Section 58 of the Act makes it a mandatory requirement for an EIA study to be carried out by proponents intending to implement projects specified in the Second Schedule of the Act. Such projects have a potential of causing significant impacts on the environment. Similarly, section 68 of the same Act requires operators of existing projects or undertakings to carry out Environmental Audits (EA) to determine the level of conformance with statements made during the EIA study. The proponent is required to submit the EIA and EA reports to NEMA for review and necessary action. Relevance The proposed Nakuru Law Court is expected to generate impacts that might affect the environment and therefore must be subjected to an ESIA study as outlined in the second Schedule Section 58 of the EMCA (Amended) Act, 2015. This report therefore fulfils the requirement of the Act and provides guidelines for environmental management of construction and operation of the Court. The Act has also lead to the preparations of the regulations described below:

(a) Environmental (Impact Assessment and Audit) Regulations, 2003 The EIA and Audit Regulations state in Regulation 3 that “the regulations should apply to all policies, plans, programmes, projects and activities specified in Part IV, Part V and the Second Schedule of the Act. Part II of the Regulations indicates the procedures to be taken during preparation, submission and approval of the full study report Relevance The magnitude of the project is expected to lead to impacts that could generate several negative impacts thereby necessitating the need for an ESIA study. This report has been compiled in compliance with the above regulations. The Judiciary will also be expected to carry out environmental audit of the project during the construction stage and annually thereafter the completion of the project. The Judiciary will also be required to undertake annual Environmental Audits for its operation as prescribed in this regulation.

(b) Conservation of Biodiversity Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 Kenya has a large diversity of ecological zones and habitats including lowland and mountain forests, wooded and open grasslands, semi-arid scrubland, dry woodlands, and inland aquatic, and coastal and marine ecosystems. In addition, a total of 467 lake and wetland habitats are estimated to cover 2.5% of the territory. To preserve the country’s wildlife, about 8% of Kenya’s land area is currently under protection. Kenya has established numerous goals, as well as general and specific objectives that relate to these issues, among others: environmental policies and legislations; involvement of communities; documentation of national biological resources; sustainable management and conservation of biodiversity; fair and equitable sharing of benefits; technical and scientific cooperation; biodiversity assessment; dissemination of information; institutional and community capacity building; and integration of biodiversity concerns into development planning.

Relevance The contractor will need to abide by the regulations to ensure conservation of Biodiversity within the project area and therefore not to use raw materials, from the nearby forest without prior approval from all the regulatory bodies dealing with the reserve (KWS, KFS, NEMA and County Government).


(c) The Environmental Management and Co-ordination (Water Quality) Regulations, 2006)

This regulation was published in the Kenya Gazette Supplement No. 68, Legislative Supplement No. 36, and Legal Notice No. 120 of 29th September 2006. The regulation provides for sustainable management of water resources including prevention of water pollution and protection of water sources (lakes, rivers, streams, springs, wells and other water sources). It is an offence under Regulation No. 4 (2), for any person to throw or cause to flow into or near a water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as to cause pollution. Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permit the dumping or discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge into the environment. Relevance The proposed project is expected to generate solid and liquid waste from construction machinery and materials which may maybe a source of point or non-point pollution or the water sources. Therefore, the waste water discharge during construction and operations must comply with the standards specified in this regulation. During operation, the Court is expected to generate waste from exhibits from alcoholic drinks and other liquid wastes, the Court Management is expected to ensure they abide by this regulation

(d) The Environmental Management and Co-ordination (Waste Management) Regulations,

2006

This regulation was published in the Kenya Gazette Supplement No. 69, Legislative Supplement No. 37, and Legal Notice No. 121 of 29th September 2006. The regulations provide details on management (handling, storage, transportation, treatment and disposal) of various waste streams including:

Domestic waste; Industrial waste; Hazardous and toxic waste; Pesticides and toxic substances; Biomedical wastes; and Radioactive waste. Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle. Regulation 5 (1) provides categories of cleaner production methods that should be adopted by waste generators to minimize the amount of waste generated and they include:

(i) Improvement of production process through

Conserving raw materials and energy; Eliminating the use of toxic raw materials and wastes; and Reducing toxic emissions and wastes.

(ii) Monitoring the product cycle from beginning to end by Identifying and eliminating potential negative impacts of the product; Enabling the recovery and re-use of the product where possible, and Reclamation and recycling; and Incorporating environmental concerns in the design and disposal of a product.


Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-hazardous waste for appropriate disposal. Regulation 15 prohibits any industry from discharging or disposing of any untreated waste in any state into the environment. Regulation 17 (1) makes it an offence for any person to engage in any activity likely to generate any hazardous waste without a valid Environmental Impact Assessment license issued by NEMA. Relevance The proposed project, during construction phase will generate wastes such as soil debris, cement bags, plastic containers, vehicles spare parts, waste oil, old tyres, obsolete equipment, metal end cuts especially at still section, iron sheet at the camp site, stripped off vegetation, glass materials, medical wastes which will need to be disposed as per the guidelines in the regulations. The Contractor will be expected to appoint a licensed waste transporter during construction and the Court Management will also be required to use only approved waste management methods as per this regulation.

(e) The Environmental Management and Coordination Act (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 These regulations were published as legal Notice No. 61 being a subsidiary legislation to the Environmental Management and Co-ordination Act, 1999. The regulations provide information on the following: i. Prohibition of excessive noise and vibration beyond defined thresholds; ii. Provisions relating to noise from certain sources; iii. Provisions relating to licensing procedures for certain activities with a potential of emitting

excessive noise and/or vibrations; and iv. Noise and excessive vibrations mapping.

Per regulation 3 (1), no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. Regulation 4 prohibits any person to: (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source. Regulation 5 further makes it an offence for any person to make, continue or cause to be made or continued any noise more than the noise levels set in the First Schedule to these regulations, unless such noise is reasonably necessary to the preservation of life, health, safety or property. Regulation 12 (1) makes it an offence for any person to operate a motor vehicle which- (a) produces any loud and unusual sound; and (b) exceeds 84 dB(A) when accelerating. Per sub-regulation 2 of this regulation, no person shall at any time sound the horn or other warning device of a vehicle except when necessary to prevent an accident or an incident. Regulation 13 (1) provides that except for the purposes specified in sub-regulation (2) there under, no person shall operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work to emit noise more than the permissible levels as set out in the Second Schedule to this regulation. Regulation 19 (1) prohibits any person to carry out activities relating to fireworks, demolitions, firing ranges or specific heavy industry without a valid permit issued by the Authority. Per sub-regulation 4, such permit shall be valid for a period not exceeding three months. Relevance The excessive noise and vibrations during construction are likely to be produced from haulage of materials from the source (batching site, borrow pits, quarrying) to construction areas. The contractor /sub-contractor for civil works will be required to ensure compliance with the above regulations to promote a healthy and safe working environment throughout the construction


phase. This shall include regular inspection and maintenance of equipment and prohibition of unnecessary hooting of vehicles.

(f) The Environmental Management and Coordination Act (Air Quality) Regulations, 2014

These Regulations were published in the Kenya Gazette Supplement No. 41, Legislative Supplement No. 15, and Legal Notice No. 341 of 11 April 2014. The purpose of the regulations is to provide for the prevention, control and abatement of air pollution to ensure clean and healthy ambient air. Section 5, Part I of these regulations mandates the Authority in consultation with relevant lead agencies to formulate the National Emissions Standards for air pollutants such as for those stipulated under the Third Schedule. The regulations prohibit emission of liquid solid or gaseous substance either directly or indirectly in levels exceeding those set out in the First Schedule of these regulations. On Vehicular Emissions, the regulations in Section 25 (1) states that no person shall cause or allow emission of visible air pollutants from a stationary vehicle more than the limits set out under the prescribed standards. Part VIII of these regulations forbid any person operating construction equipment or handling construction materials to emit particulate matter that exceeds the limits set out in the First schedule of these regulations. This applies to activities during construction; demolition of structures, buildings; stockpiling or other storage of materials likely to cause ambient air quality and waste incinerator. Relevance The project will generate dust and fumes emission during construction phase. This will arise during excavation, demolition of structures and use of construction vehicles. Thus, the contractor should adhere to the Air quality regulations.

2.3.4 The Lands Act, 2012 No. 6 of 2012

Part II Section 8 provides guidelines on management of public land by National Land Commission (NLC) on behalf of both National and County Governments. This law in Section 8(b) stipulates that the Commission shall evaluate all parcels of public land based on land capability classification, land resources mapping consideration, overall potential for use, and resource evaluation data for land use planning. Section 8(d) stipulates that the Commission may require the land to be used for specified purposes subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or another instrument. In managing public land the Commission is further required in Section 10(1) to prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use. In these guidelines, management priorities and operational principles for the management of public land resources for identified uses shall be stated. This means that the Commission shall take appropriate action to maintain public land. As well the Commission shall identify ecologically sensitive areas that are within public lands and demarcate or take any other justified action on those areas and act to prevent environmental degradation and climate change Relevance The Act also seeks to preserve and direct management of fragile public land held by the various public bodies for sustainable development. NLC is the custodian of public land.

2.3.5 The Water Act 2016 This Act provides for the regulation, management, and development of Water resources and water and sewerage services in line with the 2010 Constitution. Section 21 provides for national


monitoring and information systems on water resources. Following on this, sub-section 2 allows the Water Resources Management Authority to demand from any person, specified information, documents, samples or materials on water resources. Under these rules, specific records may be required to be kept and the information thereof furnished to the authority on demand. Section 36 of the Act requires a permit to be obtained for among others any use of water from a water resources, discharge of a pollutant into any water resource. Per section 40 of the same Act, application for such a permit shall be subject to public consultation as well as an environmental impact assessment as per the Environmental Management and Coordination (Amended) Act, 2015. The conditions of the permit may also be varied if the authority feels that the water so used is causing deterioration of water quality or causing shortage of water for other purposes that the authority may consider has priority. This is provided for under section 46 of the Act. Section 63 of the Act accords every person in Kenya right to clean and safe water in adequate quantities and to reasonable standards of sanitation as stipulated in Article 43 of the constitution. Section 91 states that a water service provider shall be responsible for the effective and economical provision of water services to fulfil the rights to water and any other conditions specified in the license. Section 143 states that a person shall not, without authority conferred under this act, interfere with, divert or obstruct water from any water resource. They shall also not cause pollution to the water resource in any way. In section 145 (d) no person shall without lawful authority, wilfully let off or discharge water from the works of any permit holder so that the permit holder loses the use of that water. Relevance The proposed project will require water for use at various stages especially during construction period and operations. The Contractor will be required to use water from licensed water providers.

2.3.6 Inter-Governmental Relations Act 2012 The Intergovernmental Relations Act of Parliament to establish a framework for consultation and cooperation between the national and county governments and amongst county governments; to establish mechanisms for the resolution of intergovernmental disputes pursuant to Articles 6 and 189 of the Constitution, and for connected purposes. The objects and purposes of this act are to: Provide a framework for consultation and cooperation between the national and county

governments; Provide a framework for consultation and cooperation amongst county governments; Establish institutional structures and mechanisms for intergovernmental relations; Provide a framework for the inclusive consideration of any matter that affects relations between the two levels of government and amongst county governments; Give effect to Articles 187 and 200 of the Constitution, in respect of the transfer of functions and powers by one level of government to another, including the transfer of legislative powers from the national government to the county governments; and Provide mechanisms for the resolution of intergovernmental disputes where they arise.

Relevance The JPIP and the County Government and other government ministries are expected to work together.


2.3.7 The Public Health Act (Cap. 242) This is an Act of Parliament that makes provision for securing and maintaining health. Section 115 of this Act prohibits causing nuisance or other condition liable to be injurious or dangerous to health. Section 118 provides a list of nuisances which includes any noxious matter or waste water, flowing or discharged from any premises, wherever situated, into any public street, or into the gutter or side channel of any watercourse, irrigation channel or bed thereof not approved for the reception of such discharge. The Public Health (Drainage and Latrine) Rules Rule 85 provides that every owner or occupier of every workshop, workplace or other premises where persons are employed shall provide proper and sufficient latrines for use by employees. Rule 87 requires every contractor, builder or other person employing workmen for the demolition, construction, reconstruction or alteration of any building or other work in any way connected with building to provide in an approved position sufficient and convenient temporary latrine for use by such workmen. Rule 91 provides that no person shall construct a latrine in connection with a building other than a water closet or a urinal, where any part of the site of such building is within 200 feet of a sewer belonging to the local authority which is at a suitable level, and where there is sufficient water supply. Relevance This Act is applicable to the project since the contractor for civil works will be required to provide toilets for use by workers and visitors to the site during construction phase of the proposed project.

2.3.8 The County Governments Act, 2012 The Act states that there shall be a ten-year county GIS based database system spatial plan for each county, which shall be a component part of the county integrated development plan providing the spatial plan. The spatial development framework for the county shall contain strategies and policies regarding the way the objectives referred to in Section 110 subsection (2) paragraph (b), which strategies and policies shall contain a strategic assessment of the environmental impact of the spatial development framework. Section 114 of this act, sub sections (1) and (2) require that a project of national significance in a County be preceded by mandatory public hearings for approval. (1) Development of nationally significant development projects within Counties shall be preceded by mandatory public hearings in each of the affected Counties. (2) Projects under, (1) shall, after the mandatory public hearings, be considered and approved or rejected by the County assembly. In addition, Section 115, sub section (1) Public participation in the county planning processes shall be mandatory and be facilitated through provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including clear strategic environmental assessments and clear environmental impact assessment reports. The Act further states in Section 108 under County Integrated Development Plan, (2) (b) requires each County Integrated Development Plan to at least identify (as informed by the strategies and programs set out in the plan); Any investment initiatives in the County; Any development initiatives in the County, including infrastructure, physical, social,

economic and institutional development; All known projects, plans and programs to be implemented within the County by any organ of state; and The key performance indicators set by the County.

The project will per the County Government Act of 2012 (section 135 subsection (1) The Cabinet Secretary may make regulations for the better carrying out of the purposes and


provisions of this Act and such Regulations may be made in respect of all County Governments and further units of decentralization generally or for any class of County Governments and further units of decentralization.) comply to the set regulations and by laws. Relevance The County Government and will supervise that activities of the court in terms of environmental management and housekeeping issues.

2.3.9 Urban Areas and Cities Act, 2011 This is an Act of parliament (No. 13 of 2011) that came into operation after the repeal of the Local Government Act (Cap. 265). Section 36, sub section (1) Every city and municipality established under this Act shall operate within the framework of integrated development planning which shall—(d) be the basis for—(i) the preparation of environmental management plans;(vi) overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management. In addition, section 37, sub section (1) A city or urban area integrated development plan shall be aligned to the development plans and strategies of the county governments. According to section 26 (c) the council is expected to exercise control over land use, land sub-division, land development and zoning by public and private sectors for any purpose including; agriculture, industry, commerce, markets, employment centers, residential, recreational parks, entertainment, passenger transport freight and the transit stations within framework of spatial and master plans for the city and municipality. Section 44 provides for the council to form partnership on provision of social infrastructural services with companies within and outside the country. This includes; construction of roads, environment conservation and preservation, construction of health centers and promotion of tourism and cultural events. Relevance The construction of the new court is expected to comply with County Governments plan to control land use and to know the compatibility of different developments within the County.

2.3.10 The Traffic Act, Cap 403 This Act empowers police officers to stop and remove from the road vehicles producing noxious emissions or to charge owners in a court of law. Under the traffic rules every motor vehicle shall be constructed, maintained and used such that no avoidable smoke or visible vapour is emitted. Pollution of the air occurs on the highway either by use of adulterated petroleum products or un-roadworthy vehicles. The traffic act requires that the vehicles shall only use fuel specified in the vehicles license. The Traffic Act prohibits the operation of motor vehicles that emit fumes that pollute the air and cause visibility problems. The Act has not specified the standard measures or definition of what constitutes black fume or visibility problem. In addition, it does not address specific pollutants that are particularly harmful, such as lead and carbon monoxides. Relevance The contractor should ensure that his construction vehicles abide by the traffic rules such as having valid insurance, properly maintained, and ensure only licensed drivers operate the machines. The proposed project during construction and operation phase should implement the requirements of the Act.


2.3.11 Physical Planning Act, 1996 This is the main Act that governs land planning and all proposed developments must be approved by the respective local authority and certificate of compliance issued accordingly. Under the Act, the director of physical planning advises the commissioner of lands on land alienation issues that fall under Government Lands Act and Trust Land Act. The director also advises the commissioner of lands and local authorities on land use, sub-division and or amalgamation of land; prepares regional and local physical development plans. At the County level, this is yet to be aligned to conform to the County Government structure and the new constitution of Kenya. The County physical planning liaison committee comprises heads of the various departments and is chaired by the County Commissioner. One of the major functions of the liaison committee is to determine development applications for change of user or sub-division of land that could have significant impact on adjacent land and or breach registered conditions in each title deed; and, industrial location which could have negative impact on the environment and adjoining land. The director is required to publish the regional physical development plan and notify the local authority within whose jurisdiction the plan is to be affected. Section 36 states that if about a development application a local authority is of the opinion that proposals for industrial location, dumping sites, sewerage treatment, quarries or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an Environmental Impact Assessment report. Section 30(1) requires a developer in any local authority to be granted development permission by the respective local authority, failure to which heavy fines will ensue; and the land registrar shall decline to register such a document. No sub-division of private land shall take place within a local authority unless the sub-division is in accordance with the requirements of an approved local physical development plan. Relevance The Judiciary will be required to discuss and get approval its development plans (Building designs) with the Nakuru County Physical Planning Officers for approval.

2.3.12 Employment and Labour Relations Court Act. No. 20 Of 2011. Revised Edition 2014 This is an Act of parliament that applies to all employees employed by any employer under a contract of service. Employment of children in the following forms is prohibited in the following sections of the Act: 53. (1) notwithstanding any provision of any written law, no person shall employ a child in any activity which constitutes worst form of child labour. 56. (1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking.

(2) A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is

(a) Not likely to be harmful to the child’s health or development; and (b) Not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by Minister for labour or his capacity to benefit from the instructions received.

Relevance The Contractor will need to understand all the requirements of the Act during employment such as ensuring that employees are of the right age, entitlement to leave, protection from discrimination and sexual harassment among others.


2.3.13 Work Injury Benefits Act (WIBA) It is an Act of Parliament to provide for compensation to workmen for injuries suffered during their employment. It outlines the following: Employer’s liability for compensation for death or incapacity resulting from accident; Compensation in fatal cases; Compensation in case of permanent partial incapacity; Compensation in case of temporary incapacity; Persons entitled to compensation and methods of calculating the earnings; No compensation shall be payable under this Act in respect of any incapacity or death

resulting from a deliberate self-injury; and Notice of an accident, causing injury to a workman, of such a nature as would entitle him for compensation shall be given in the prescribed form to the director.

Relevance The contractor will need to abide by all the provisions of WIBA in managing hazardous environment and according injured persons their dues in terms of shouldering the medical expenses or compensation of the families should there be loss of life.

2.3.14 The Occupational Safety and Health Act, 2007 This is an Act of Parliament to provide for the safety, health and welfare of all workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. It applies to all workplaces where any person is at work, whether temporarily or permanently. The purpose of this Act is to: Secure the safety, health and welfare of persons at work; and Protect persons other than persons at work against safety and health arising out of, or

regarding the activities of persons at work. The scope of OSHA 2007 has been expanded to cover all workplaces including offices, schools, academic institutions, factories and plantations. It establishes codes of practices to be approved and issued by the DOSHS for practical guidance of the various provisions of the Act. The provisions of the Act relevant to building operations and engineering construction works are contained in the Abstract of the Act for Building Operations, and Works of Engineering Construction Rules. These are summarised in Table 2-1 below:


Table 2-1: Health and Safety Requirements for Engineering Construction Works Legal Requirements Description

General Requirements Give notice of particular operations or works:

Notice should be sent in writing to the Occupational Health and Safety Officer, not later than seven days after commencement of construction and building works except where the construction works will be complete in less than six weeks or notice had already been given to the Occupational Health and Safety Officer (Section 60 of the Act).

General Register: A general register of every person undertaking building operations or construction works should be kept in adherence to the prescribed form L.D.B.C.R.2. This register is kept at the site of operations or at the office of the person undertaking the operations or works. The register should contain: The certificate of registration of the workplace; Every other certificate issued by the Chief Inspector under this

Act; The prescribed particulars as to the finishing (washing, white washing, colour washing, painting or varnishing) of the facility; The prescribed particulars as to every accident and case of occupational disease occurring in the workplace of which a notice is required to be sent to a labour officer under the provisions of any law for the time being in force; All reports and particulars required by any other provision of this Act to be entered in or attached to the general register; Such other matters as may be prescribed (Section 62 of the Factories and Other Places of Work Act).

Special rules and welfare: Printed copies or prescribed Abstracts of the Factories and Other Places of Work Act must be kept posted at the site of operations or works (Section 61 of the Factories and Other Places of Work Act).

Safety Requirements Air receivers:

These should be of sound construction and be properly maintained. They should be thoroughly examined by a competent person at intervals of 24 months and the reports of such examinations attached to the General Register (Section 39 of the Factories and other Places of Work Act).

Cylinders for compressed, liquefied and dissolved gases:

Such cylinders should be of good construction, sound material, and adequate strength and free from patent defect. The cylinders should conform to standards specified under the Standards Act or to a prescribed standard specification, approved in writing, by the Director, Kenya Bureau of Standards. They should be thoroughly examined by a competent person at regular intervals and a maintenance register kept (Section 39A of the Amendment of the Factories and Other Places of Work Act).

Notification of accidents:

The particulars of an accident causing death or disablement of a worker for more than three days from earning full wages at the work place where he was employed must be sent in the prescribed form (L.D.B.C.R 6) to the Occupational Health and Safety Officer and entered in the General Register. Certain dangerous occurrences must also be reported whether or not they cause disablement (Section 62 of the Factories and Other Places of Work Act).

Health Requirements Sanitary accommodation: Sufficient and suitable sanitary conveniences must be available for

persons employed. These must be kept clean and well lit (Sections 16 and 18 of the Factories and Other Places of Work Act).

Miscellaneous Requirements


Legal Requirements Description

Prohibition of deduction from wages:

The occupier must not make a deduction from wages in respect of anything he has to do or provide in pursuance of the Factories Act or permit any person in his employment to receive payment from other employees for such services (Section 66 of the Factories and Other Places of Work Act).

Duties of persons employed: An employee must not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the Act for securing health, safety or welfare provided for the employee’s use under the Act. The employee must not wilfully and without reasonable cause do anything likely to endanger himself or others (Section 65 of the Factories and Other Places of Work Act).

Inspection: The Occupational Health and Safety Officer have the power to inspect every part of the premises by day or by night. The Officer may require the production of registers, certificates and other papers, may examine any person alone or in the presence of any other person as he thinks fit and may require the person to sign a declaration of truth of the matters about which the person is examined. Every person obstructing an Occupational Health and Safety Officer is liable to a penalty (Section 69 of the Factories and Other Places of Work Act).

Relevance The contractor and Judiciary will be required to comply with all the provisions of the Act throughout the project cycle such as registration of construction site as a workplace, management of hazards, forming health and safety committees and reporting all the accidents and near misses. 2.4 Institutional framework In 2001, the Government established the administrative structures to implement the Environmental Management and Co-ordination 2015 (amended) Act. The main administrative structures are described in the following sections.

2.4.1 The Land and Environment Court Act, 2012 This is an Act of Parliament to give effect to Article 162(2) (b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected purposes. The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act. Section 13 (2) (b) of the Act outlines that in exercise of its jurisdiction under Article 162 (2) (b) of the Constitution, the Court shall have power to hear and determine disputes relating to environment and land, including disputes: • Relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; • Relating to compulsory acquisition of land; • Relating to land administration and management; • Relating to public, private and community land and contracts, chooses in action or other instruments granting any enforceable interests in land; and • Any other dispute relating to environment and land. Section 24 (2) also states that the Chief Justice shall make rules to regulate the practice and


procedure, in tribunals and subordinate courts, for matters relating to land and environment. Section 30 (1) states that all proceedings relating to the environment or to the use and occupation and title to land pending before any Court or local tribunal of competent jurisdiction shall continue to be heard and determined by the same court until the Environment and Land Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar. Any land or/and environmental cases arising from the project will be handled in accordance with the provisions of this Act. Relevance Land is a basic factor of production for any development. The above requirements should be adhered to during project implementation

2.4.2 The National Environment Council The National Environmental Council is responsible for policy formulation and directions for the purposes of the Act. The Council also sets national goals and objectives, and determines policies and priorities for the protection of the environment. Relevance The Judiciary should ensure that the project abides by the set goals and objectives of the council.

2.4.3 The National Environment Management Authority The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment. In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by the Cabinet Secretary in consultation with the Authority, which will govern the discharge, limits to the environment by the proposed project. Relevance NEMA must approve the project before implementation and also participates in subsequent stages of construction environmental management and annual audits review.

2.4.4 Nakuru County Government The Nakuru County Government is the creation of the Constitution of Kenya 2010 and successor of the defunct Municipal Council of Nakuru. It operates under the auspices of the Cities and Urban Areas Act, The Devolved Governments Act and a host of other Acts. The Nakuru County Government is charged with the responsibility of providing a variety of services to residents within its area of jurisdiction. These include the services that were hitherto provided by the defunct County Council and the ones that have been transferred from the national government. The former includes Physical Planning, Public Health, Social Services and Housing, Primary Education Infrastructure, Inspectorate Services, Public Works, Environment Management while the latter include Agriculture, Livestock Development and Fisheries, Trade, Industrialization, Corporate Development, Tourism and Wildlife, Public Service Management and Water services.


Relevance The County Government has role to ensure sound waste management and control of the environmental degradation within its jurisdiction, so they will also act to ensure that the Contractor and JPIP manages its environment well. 2.5 World Bank policy on Environmental protection Environmental concerns have been at the leading edge of a movement to reform the World Bank over the past 30 years. The bank has come under fire for financing a series of environmentally damaging projects in developing countries. In response to criticism voiced by environmental advocates and amplified through the U.S. Congress, the World Bank adopted policies and procedures in the late 1980s and early 1990s to assess and mitigate the adverse environmental impacts of individual projects. These reforms included mandatory environmental assessment procedures and the public disclosure of these assessments in advance of project approval. The World Bank Safeguard Policies are a set of instruments to ensure that the Bank supported lending operations minimize any adverse impacts on local people, their livelihoods, culture and the environment. There are ten (10) Safeguard Policies as outlined in Annex 7 World Bank Safeguards Likely to be Triggered by JPIP: The proposed court infrastructure component of the JPIP has been classified as a Category B project under the World Bank environmental assessment level. It has the potential for minimal impacts on human populations or environmentally important areas which are site-specific, mostly reversible, and in most cases capable of reasonable straightforward mitigation. The Bank funding portion will support the construction of 6 New High Courts, 2 New Magistrate Courts, buying demountable (temporary structures) and rehabilitation of 30 Courts (High Courts and Magistrate Courts). The Court Infrastructure component of the JPIP are for may trigger three World Bank Safeguard Policies as shown in Table 2-2below. The safeguards instruments prepared for any project will address the requirements of any applicable policies. Table 2-2: Safeguard Policies Triggered by the JPIP Project

Nr Safeguard Policies Triggered Yes No 1. Environmental Assessment (OP/BP 4.01) ♦ 2. Physical Cultural Resources (OP/BP 4.11) ♦ 3. Involuntary Resettlement (OP/BP 4.12) ♦ 4. Natural Habitats (OP/BP 4.04) ♦ 5. Forests (OP/BP 4.36) ♦ 6. Projects in Disputed Areas (OP 7.60) ♦ 7. Projects in International Waters (OP 7.50) ♦ 8. Safety of Dams (OP/BP 4.37) ♦ 9. Projects in International Waters (OP 7.50) ♦ 10. Pest Management (OP 4.09) ♦


2.5.1 World Bank policy on Environmental protection OP 4.01 As per OP 4.01 sub section 8(b) “Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas including wetlands, forests, grasslands, and other natural habitats are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects” Based on the review of the major constraints and opportunities facing sustainable development in Africa, and considering, key principles underlying environmental sustainability and the overall objectives of the Policy, several key environmental issues have been identified. WB’s policy principles relevant to the project include: Reversing Land Degradation and Desertification; Biodiversity Convention; Improving Urban Environmental Management; Institution and Capacity Building; Increasing Awareness; and Stakeholder Participation.

Relevance The OP 4.01 requires the ESIA study to develop an ESMP for the project which should be implemented to mitigate the resulting impacts during the construction and implementation phases of the project. This will ensure that the sensitive ecosystems are not destabilised by the subsequent project activities.

2.5.2 World Bank policy on Physical Cultural Resources OP 4.11 OP 4.11 on Physical Cultural Resources, was revised on April 2013 to takes into account the recommendations in Investment Lending Reform: Modernizing and Consolidating Operational Policies and Procedures, given that cultural resources may not be known or visible, it is important that a project’s potential impacts on cultural resources are considered at the earliest possible stages of project processing. The assessment of impacts to cultural heritage has been based on identified aboveground features and known sites of archaeological interest, this is because, there is no archaeological cultural and settlement inventory covering where the drains pass throughout the history of human occupation. However, as the policy requires, in case of find Relevance Even though not presently triggered the contractor will be required to follow chance find Procedures and contact the National Museums of Kenya (NMK) should an archeological site or artifact be stumbled upon during excavation of foundation. 2.6 International Conventions A treaty is a binding agreement under International Law concluded by subjects of International Law, namely states and international organizations. Treaties can be called by many names including; International Agreements, Protocols, Covenants, Conventions, Exchanges of Letters, Exchanges of Notes, etc. However, these are equally treaties and the rules are the same regardless of what the treaty is called. Treaties can be loosely compared to contracts; both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held legally liable for that breach. The central principle of treaty law is expressed in the maxim pacta sunt servanda, translated as "pacts must be respected."


Kenya has ratified the following Project-relevant international conventions:

2.6.1 The 1985 Vienna Convention for the protection of the Ozone Layer The Vienna Convention for the Protection of the Ozone Layer, 1985 was adopted after consensus was reached on 22nd March 1985. Kenya Ratified the convention on November 9th 1988. The overall objective of the Vienna Convention is to protect human health and the environment against the effects of ozone depletion. As a framework convention, it does not establish any specific controls on ozone depleting substances. Instead, it establishes a general obligation upon the parties to protect the ozone layer (article 2) and emphasizes the need for international cooperation. For instance, Green House Gases might be released from the asphalt fumes at the asphalt plants. Relevance The Judiciary and the contractor will be required to observe the above convention in all its operations throughout the project cycle in reducing emission of Greenhouse Gasses.

2.6.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer The Montreal Protocol on Substances that Deplete the Ozone Layer was adopted on December 7th 1944 and is a significant milestone in international environmental law. It can into force on April 4th 1947 and ratified by Kenya on May 1st 1964. It establishes firm targets for reducing and eventually eliminating consumption and production of a range of ozone depleting substances. These substances are enumerated in Annexes A-E to the Protocol and are to be phased out within the schedule given in article 2A-2I. Relevance The Judiciary and the contractor will be required to observe the above convention in all its operations throughout the project cycle in reducing emission of Ozone Depleting Substances (ODS).

2.6.3 The United Nations Convention on Climate Change (“1992 UNFCCC”) The objective of the 1992 UNFCCC is to tackle the negative effects of climate change. The Conventions’ stated aim is to stabilize greenhouse gas concentrations at a level that allows ecosystems to adapt naturally to climate change so that food production is not threatened, while enabling economic development to proceed in a sustainable manner (article 2). Kenya signed the UNFCCC on 12 July 1992, ratified it on 30 August 1994 and started enforcing it on 28th November 1994. Relevance The Judiciary and the contractor will be required to observe the above convention in all its operations throughout the project cycle in reducing emission of Greenhouse Gasses leading to climate change.

2.6.4 The Kyoto protocol The Kyoto Protocol was adopted in December 1997 at the Third Conference of the Parties held in Kyoto. The Kyoto Protocol requires stronger commitments from Annex 1 parties to achieve quantified emission reductions within a specific timeframe. These commitments cover the six Green House Gases (GHGs) listed in Annex A of the Kyoto Protocol (Carbon dioxide, Methane, Nitrous oxide, Hydro chlorocarbons, Perfluorocarbons and Sulphur hexafluoride). Each Annex 1 party particular ‘quantified emission reduction target’ is listed in Annex B. Kenya’s accession was presented on 25th February 2005 and the Protocol acceded on 26th May 2005.


Relevance The contractor will be required to carry out regular inspection and maintenance of construction equipment to reduce the levels of GHGs emissions into the atmosphere.

2.6.5 Convention on Biological Diversity The Convention entered into force on 29 December 1993, which was 90 days after the 30th ratification. The first session of the Conference of the Parties was scheduled for 28 November – 9 December 1994 in the Bahamas. Kenya is a signatory of the convention which has three main goals; namely; Conservation of biological diversity (or biodiversity) Sustainable use of its components; and Fair and equitable sharing of benefits arising from genetic resources Relevance Although the proposed project is in an urban ecosystem, the contractor and the Judiciary should look out for species of conservation importance if established in the baseline environmental study in liaison with National Museums.


3 DESCRIPTION OF THE PROJECT ENVIRONMENT 3.1 Physical environment

3.1.1 Land Use Pattern and Neighbourhood Analysis The proposed project is located within the Central Business District of Nakuru town. The site is neighboured with government land as follows: To the North: this side of the project has both the County Commissioner’s Offices and

those of IEBC. Across Government road is a public open space (Nyayo Gardens). To the East of the park are the County offices which border land and buildings belonging to the Postal corporation of kenya; To the East: the site is bordered by the Nakuru County Headquarters, which has the Governor’s office. Next to it is the Ministry of lands, housing and urban development building, Ardhi house. On the same stretch along Moi Road are the offices to the ministries of Labour and Trade. Opposite these, across Moi road are both KPLC Central Rift Headquarters and the former Rift Valley Province Headquarters and CID Nakuru Division offices; To the south: the southern of the site sits the Nakuru Divisional Police Headquarters along the Oginga Odinga Road; The west: the west of the project site is comprised of mixed developments ranging from commercial enterprises, car shows, institutions and hotels. Figure 3-1: Nakuru CBD Land use Map

Source: Author,2015 The impacts to the sites has been covered in various sections in Chapter 7.


3.1.2 Climate Nakuru has a mild and generally warm temperature climate. It is mainly influenced by the high altitude and its location within the Rift Valley floor. (a) Rainfall The rainfall is moderately high with average rainfall between 950mm -1500m per annum. The area has bimodal pattern of rainfall although distributed throughout the year. There is thought precipitation even during the driest month as shown in Table 3-1. Table 3-1: Rainfall distribution

Month: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Rainfall in (mm)

29 45 69 141 130 79 92 105 89 70 70 44 Rainy days

6 6 9 17 15 11 12 14 11 12 13 6 Rain probability (%)

19.4 21.4 29.0 56.7 48.4 36.7 38.7 45.2 36.7 38.7 43.3 19.4

Source:www.weather-and-climate.com The project area receives its long rains in March, April and May with the highest rainfall being received in April. The short rains occur in August to November. January is the driest month while April is the wettest. With the good rainfall pattern and good roofing, this project provides a good opportunity for rain harvesting which can greatly reduce the costs incurred in water bills by the judiciary. (b) Temperature and humidity The hottest months are January, February and March where temperatures go up to 19 0C with the month of March being the hottest. The cold season is experienced in July and August with an average ESMP temperature of 16.50C as seen in the figure 8. The temperatures indicate that the area experiences good sunshine period which can be harvested using solar panels and used for lighting and other purposes hence reducing greatly the expenditure on electricity bill. Figure 3-2 shows the maximum, minimum and average monthly temperatures within the project area


Figure 3-2: Maximum, minimum and average monthly temperatures

Source: www.weather-and-climate.com Precipitation and Evapo-transpiration Mean annual evaporation rates from free water surfaces range in the country vary from 1250 mm to 3120 mm, with few areas having rates below 100 mm per month.

3.1.3 Seismology The Seismic Zoning VI that the project site falls under refers to the intensity of damage according to the Modified Mercalli. In that scale the intensity is defined as causing difficulty in walking, windows; crockery and glass break; knick-knacks, books etc. fall off shelves; pictures falling from walls; furniture moves or is overturned; weak plaster on walls cracks etc.

3.1.4 Geology and soils The rocks of the project area are limited to the Tertiary and Pleistocene volcanic suite of central Kenya and are largely pyroclastic in origin and lava flows. Within the study area, the geological formation encountered range from grey and bleached agglomerates with Eutaxitic welded tuffs and sediments, Mau ashes with basal tuffs and are underlain at relatively shallow depths by Kericho Phonolites and Phonolitic nephnelites. Nakuru Zone is part of the Rift Valley, a tectonic structure that makes up the main geological feature of Central Eastern Africa. The Rift Valley system has faults with a variety of orientations, and the principal structures adjacent to Nakuru. There is no direct evidence of any tectonic episodes prior to the tertiary period rift faulting. The tertiary and quaternary periods contain extensive faulting, where the main feature is normal faults characterized by steep hades, commonly near the vertical and as low as 60 degrees. The geology of the project county is characterized by three main geological units, these being volcanic rocks, the Bukoban system and alluvium. The Bukoban system, which is further divided into andesites, rhyolites, basalts and the volcanic rocks, which include phonolites, trachites and tuffs. The soil typology follows closely the underlying geology. The soils that are appearing in the volcanic foot ridges in the upper reaches as well as in the upper middle level uplands include: humic Nitosols; and mollic Andosols and Humic Ferralsols. On the lower level uplands, Rankers with Lithosols and rock outcrops occur. On the lower middle uplands, eutric Cambisols occur. In some places, these soils aregravelly and stratified and referred to as ferralic Arenosols, and in other placesorthic Luvisols.

2945

69

141 130

79 92 10589

70 7044

Jan Feb March April May June July Aug Sep Oct Nov Dec

Average rainfall in mmAverage rainfall in mm


The geology of the catchment area was reported on in 1971 (Jennings, 1971). This confirms that the entire catchment area on the Molo Plateau overlies Miocene Phonolites and Pliocene Phonolitic nephelinites with the former appearing as elongated outcrops fingering up the river valleys. The residual soils covering the basin were found to extend to depths of about 4.0 meters in some places. Initial investigations classified these as Silty clayey sands of intermediate plasticity. Generally, materials from these sources are dispersive, have high compacted permeability (in the order of 10-3 mm/sec), and are gravelly.

3.1.5 Topography and Drainage The Nakuru urban and peri-urban is fairly diverse from steep slopes to flat areas. Areas around the Menegai Crater have the steepest slopes and are not suitable for human settlement. The edges of the Menegai Crater have the cliff exceeding 470 m which has often proved to be a hazard as many incidences of suicide have been reported there. The Menengai forest area and the Lion hill within the park have moderately steep slopes while the Milimani and Kiamunyi area has fairly moderate slopes offering different growth opportunities. The town’s central business district and adjacent area located on gently sloping land with gradient of 0-2 degrees and hence quite conducive for urban development. Fairly flat areas include areas such as Kabatini, Wanyororo, and modern, Ndege, Mbaruk, and Pipeline. The flattest area is the lake floor, at an elevation of 1759. The project site has a moderately flat land thus does not pose any challenges to do with gradient. As a result, cases of flooding and or need for cut and fill during construction which is expensive are not anticipated. The main topographic features in the area are the Mau Escarpment covering the western part of the area, the Rift Valley floor, Menengai crater with its drainage and relief system and Lake Nakuru located on the floor of the Rift Valley.


Plate 3-1: Topography of Project area

Source: Google Earth

Project site


3.1.6 Hydrology and drainage The area falls under the great Lake Nakuru Drainage Basin, which is a closed drainage basin. All the water in the region flows into the Lake which is a salt water lake. It is a closed basin sandwiched between the Menengai crater, Bahati escarpment, Mau Escarpment, Eburru crater and the gentle grasslands between Lake Nakuru and Elementaita basins. In the wider Nakuru urban context there, are four main rivers namely River Njoro/ Ndarugu, Lamuriak, Enderit and Meroroni. Presence of ground water is evident in the area due to the numerous boreholes sunk for substitute water supply. There are aquifers in the area which are mostly layered discontinuous aquifers of variable potential. This drainage system has great impacts on developments with respect to foundations and other underground drilling/excavations. Based on the location of the proposed project, no adverse hydrological impacts are anticipated a part from more short term demand on water during construction.

3.1.7 Air Quality Three were no previous air quality studies in the project area available for review. However, given the dominance of agricultural land use with no major industrial establishments, save from few small-scale tea factories, there are currently no concerns of air quality deterioration within the project area. Potential impacts on air quality will depend on how effectively the contractor manages the suppression of dust during the construction phase. The potential impact of the proposed projection local air quality will be much localised and will only pose a risk to immediate neighbours if not handled efficiently. Specialist assessment of the potential impact of dust was not prescribed but the potential impacts have been addressed in the EMP.

3.1.8 Noise levels During the survey, it was noted that the proposed project site is within the stipulated acceptable noise levels by EMCA noise regulations. The project site has noise levels of 66.2 Db(A). The lowest noise (45 DbA) was recorded by a point at 62 m east of the project site as shown in Plate 3-2. The highest noise measurement recorded around the project site (71.3 Db (A)) is north of the project site that has a commercial building and close to a tarmac road. The road has fast moving cars and trucks, over the four-day period the noise levels were above the noise levels for the indoor or outdoor living areas but within the acceptable EMCA levels for moving traffic.


Plate 3-2: Noise levels around the project site

Source: Google Earth 3.2 Biological Environment

3.2.1 Fauna The project area is occupied by human settlement. Very few animal species were observed during the site field survey due to loss of the initial habitat following removal of primary vegetation to pave way for human developments. The project site is 3.4 Km from the Lake Nakuru National park that is located in the Eastern Rift Valley. The Park is the second most visited protected area in Kenya. It hosts the world's largest concentration of flamingos, as well as many of the animal species that make Kenya a highly valued tourism destination, including lions, leopards, rhinoceros, and water buffalo. In its total area of 188 km² there are over 450 bird species and 56 mammal species. Recognized as a wetland of international importance, Lake Nakuru was declared a Ramsar Site in 1990. The area of the lake and its adjacent park is secured by a fence. The National Park’s terrestrial area serves as the buffer. No species listed as endangered in the IUCN Red List of endangered species were found within the project site. The contractor should ensure that there is minimal cutting of vegetation and that which has to be cut has to be replanted as some of the vegetation acts as shelters for the fauna.


3.2.2 Flora The proposed project scope will not significantly affect vegetation but within a scope that allows for natural re-vegetation. The vegetation around the site is scanty as the entire site is built up. In the greater county, Mau Forest which is characterised with thick indigenous vegetation. The typical tree species found in Mau Forest include Cedar, Podo, Olive and Bamboo trees. The Nakuru and Salgaa areas has vegetation which is mainly wooded and bushy grassland with a wide ecological diversity and characteristic habitats that range from the lake waters to the escarpment and ridges. The area is predominantly agricultural area with maize, wheat and other cash crops being planted. The following is a discussion of plant species encountered at the project sites. No species listed as endangered in the IUCN Red List of endangered species were found within the project site. The contractor should ensure that there is minimal cutting of vegetation and that which has to be cut has to be replanted as some of the vegetation acts as shelters for the fauna. Plate 3-3: Flora in Lake Nakuru National park

Acacia trees inside Lake Nakuru National Park

Withered trees partly submerged by Lake Nakuru

3.3 Socio-Economic Environment

3.3.1 Administrative boundaries and governance Nakuru town is a major agricultural hub in Kenya. In addition, the town has a considerably huge potential in commerce, industrial development, tourism and mining. The town’s fast-growing population, implies a projected increase in the demand for services, products, infrastructure, employment opportunities among others. Where a high density of interactions exists cases of conflicts either civil or otherwise are inevitable. These cases will thus need an accommodative judicial system that is swift and efficient. This development will positively promote functions of the court so that the affected get justice in time and resume to endeavours of economic essence and more importantly improve the general work environment for the judiciary services and all court users.

3.3.2 Population Distribution The project area lies within the CBD of Nakuru town. Administratively, the CBD is covered by both Nakuru East and West sub-counties. These two sub-counties constitute the area covered by the former municipality, which is the project scope. The population of this area is as shown in table 2 below.


Table 3-2: Population in Nakuru East and West sub-counties Sub-County 2015 Nakuru West 188,330 Nakuru East 187992 TOTAL

Source: Adopted from KNBS, 2009 This population forms part of the people who shall be directly or indirectly affected by the proposed project socially or environmentally or both. Jobs created during construction ought to target the local skilled and unskilled persons for purposes of positive economic implications of the project. Thus, there is need to anticipate and determine the sphere of influence of the project and put measures in place curb the negative ones but enhance the positives in the social and economic dimensions. Figure 3-3: Population density of the project county

3.3.3 Gender and inequality

The County gender development index stands at 0.64 compared to the national indicator which is 0.55. This is attributed to empowerment of the girl child and promotion of women rights in the county and the fact most parts of the County is urbanised and cosmopolitan.

3.3.4 Labour Force The working-age population in 2012 (15-64 years) in the county was 968,745 accounting for 55.1 per cent of the total population of whom 484,378 are male while 484,366 are female. The primary working-age population comprises the employed and the unemployed. It is expected to increase from 968,745 persons in 2012 to 1,128,338 persons in 2017. Given a labour force population which is more than half of the total population, measures will need to be put in place to provide adequate employment opportunities. Based on the forgoing information, of the total labour force of 968,745 in the year 2012, the employed are 740,608 while the unemployed are 228,137 representing 24 per cent of the total labour force. The female accounts for 46 per cent of the unemployed population. In order to enhance the growth of the economy in the county, there is need to enhance measures aimed at creating employment activities both in the formal and informal sectors to absorb the unemployed. The strategies should focus more on the women and youth population. There is therefore need to boost youth and women enterprise development funds that have contributed


to the empowerment of these groups. Further, community based projects like development of cottage industries that make use of local resources should be promoted.

3.3.5 HIV and AIDS Nakuru is rated 7th among the high burden counties and 10th among high incidence counties (Kenya HIV prevention revolution roadmap). According to KAIS 2012, the prevalence for the County stands at 5.3% with a total number of 66,295 PLHIV with 58,397 being adults and 7,898 being Children. In the year 2014, the County had about 4,127 new HIV infections with 199 HIV infections being among children. Pregnant women living with HIV are estimated to be 2,583, with AnC Positivity at 3.4 % (Kenya HIV County Profiles, 2014). The proposed Nakuru law courts construction will improve the economic status of the people employed thus increasing the disposable income with the probability of indulgence in substance abuse and using the money to solicit for sex. Researches have indicated that HIV prevalence rates are higher in areas where there is high disposable income as will be the case during construction of the law courts. The impact of the HIV and AIDS pandemic has been felt at all levels of the county’s economic and social circles. The county has a significant percentage of HIV and AIDS orphans, majority of who are in the urban centres. There are various children homes to take care of such children while in rural areas they are being taken care by their grandparents or older siblings of school age. This has increased dependency and has a negative impact on the labour force. HIV/AIDS has also affected children’s participation in education due to inadequate parentage for the affected and truancy for those infected A number of sentinel surveillance centres have been set up in the county in order to enhance the capacity of the county to monitor the trends of the pandemic. The county will hold joint HIV/AIDS Program Reviews annually which brings together all the stakeholders in the fight against the pandemic. Collaboration between CSOs, CBOs, FBOs, Private sector and the government through the County Technical Committee (yet to be established) will ensure that there is increased awareness as well as improved uptake of V.C.T services across the county. Currently, all the Sub-Counties in the county enjoy the services of V.C.T sites located in various parts of the County. The National AIDS Control Council (NACC) has continued to carry out its coordination role of the multi sectoral war against the pandemic through the Constituency AIDS Control Committees (C.A.C.C). HIV and AIDS also increase the pressure on the already overstretched health services. In addition to diverting productive time to caring for the sick particularly for women, HIV and AIDS contributes to an increase in school dropout rates and or irregular school attendance as affected children look after ailing parents thus lowering education quality. An increase in orphans is expected to raise the dependency ratio in the county. All these ultimately negatively affect the social and economic development of the county.

3.3.6 Education There are about 16 educational institutions around the project area but are not expected to be affected by the project. From the 16 institutions, there are 3 tertiary institutions and 13 primary schools as shown in Plate 3-4.


Plate 3-4: Schools around the project area

Source: Google Earth In the greater Nakuru County is Egerton University, a large public university situated near Njoro town, Kabarak University (aprivate university), Rift Valley Institute of Technology, Kenya Industrial Training Institute (KITI) and many other institutions of higher learning. Based on 2009 census data, about 90.17% of the population in the project area((Nakuru, Nakuru north and Molo Districts) have attended school (source KNBS),While 9.8% of the population have never attended school. Urban areas have registered high number of school attendance than the rural areas.

3.3.7 Health profile There are several health facilities within the County, ranging from Provincial Hospital to Maternity/Nursing Homes. Just 37% of them are government-run. The largest hospital is the Ministry of Health’s- Rift Valley Provincial General Hospital located in Nakuru Town East Constituency with a bed capacity of 620. The common diseases in order of prevalence include diseases of the respiratory system (71 per cent), Clinical Malaria (70.0 per cent), Pneumonia (9per cent), Diarrhoea (8per cent) and Typhoid Fever (7per cent). HIV prevalence rate in the county is estimated at 4.7per cent and has greatly contributed to the increase of tuberculosis cases.

3.3.8 Water supply Nakuru town is strategically located to serve its hinterland. Its central location coupled with well-developed transport corridors to other urban centres, places it in an advantageous position over other towns in the province. In addition, the town has a relatively well developed urban infrastructure. Nakuru County is endowed with natural water resources including four major lakes, Nakuru, Naivasha, Solai and Elementaita. In addition, there are rivers, shallow wells, springs, dams, pans and boreholes spread all over the county especially in drier parts of Naivasha, Gilgil, Molo, Njoro and Rongai. The boreholes have boosted water supply in the county. Some of the major rivers include, Malewa, Njoro, Molo and Igwamiti. The county is also endowed with springs found


in Subukia, Nakuru North, Molo and Kuresoi areas. Rain water is another major source of water in the county with about 80 per cent of households harvesting rain-water.

3.3.9 Sanitation Solid waste collection is done partly by the County Government using the facilities/vehicles available. Solid waste is also managed through public-Private Partnership where the County Government has sub contracted Community Based Organizations (CBOs), to collect and dispose solid waste. There is only one dumpsite, Kyoto, in the town, which is poorly managed. Recycling companies based in the town recycle some of the waste. The town already lacks a capacity to effectively and efficiently handle solid waste management. With the proposed project forthcoming, more waste is anticipated in the line of debris, metals and empty cement bags among others. This thus calls for effective measures to not only reduce waste generation but also collect, transport and dispose it appropriately. As Per the CIDP 2013-2017, The 2009 Population and Housing Census indicated that 85 per cent of the residents had access to private improved sanitation. In rural areas, open defecation was estimated to be still practiced by 0.03 per cent of the population. Lack of affordable housing in the major towns in the county has led to mushrooming of informal settlements (slums) in these urban areas resulting in poor spring protection project in parts Mau forest, Olenguruoni, Kuresoi South Sub County, Nakuru County Integrated Development Plan, 2013 57 sanitation and poor management of both solid and liquid waste. There will be need therefore, for enhanced measures to ensure proper physical planning and management of waste disposal in the county.

3.3.10 Energy The area is well connected with electricity. The proposed development will be connected to the existing power lines and is not expected to overload the lines.

3.3.11 Transport and Communication The project site and general area is well served with good infrastructure which comprises of electricity supplied by KPLC, tarmac roads, water, good drainage system and telecommunication/ICT. The images below indicate some of these services. Plate 3-5: Good drainage along Moses Mudavadi road from which the site is accessed.

Source: Field survey, 2015


Nakuru town has a good number of avenues and streets. The Kenya Uganda railway line passes through the towns of Nakuru, Njoro, Elburgon and Molo, with a railway station in each town. This has facilitated the movement of agricultural products from Molo, Elburgon and Njoro, and the industrial manufactured goods from industries located in Nakuru town. Njoro – Molo road connects the three towns of Njoro, Elburgon and Molo and it ends at the B1 road. Communication sector in the area has tremendously improved since the emerging of the mobile phone. The mobile service providers in Kenya have provided the entire necessary infrastructure up to rural areas making it possible for people to use their mobile phones. The major towns have post offices and a number of internet access points.

3.3.12 Economic activities The major economic activity in the project area is agriculture. Agriculture contributes 48 per cent of income. Rural self-employment contributes 8 per cent, wage employment 19per cent, urban self-employment 23 per cent and other sectors 2per cent. The number of unemployed in 2002 was 294,195 (15 per cent). Average farm size ranges from (small scale) is 2.5-acre (10,000 m2) to (large scale) is 1,100-acre (4.5 km2). The main food crops produced include maize, beans, Irish potatoes and wheat. The types of fruits and vegetables grown are tomatoes, peas, carrots, onions, French beans, citrus, peaches, apples, cabbages, strawberries, asparagus and leeks.


4 PROJECT DESCRIPTION 4.1 Existing Law court The existing Nakuru law court has 12 lower courts and the Kadhis court. With regards to the staff, the court has thirteen (13) magistrates seven (7) high court and seven (7) judges. In addition to the above, the Nakuru Law courts also have children’s court that are presided over by two (2) children magistrates. The facility also has 6 holding cells. The offices are crowded often requiring a displacement of the chief magistrate when there are appeal cases are scheduled to be heard. The court staff often have to take rotating shifts (half day or whole day) in order to be accommodated by the available space within the courts facilities. The basement has been converted to office space with crowded public corridors as a result of there being no waiting bay. 4.2 Proposed building design The proposed Nakuru law courts is proposed to have a 5 level (lower ground, upper ground, first floor, second floor and third floor) floor and first floor as shown in Plate 4-1. Plate 4-1: Existing Nakuru Law Courts

The existing Court Building at Nakuru Law Courts

Crowded prison officers desk at the holding cells

Source: Field survey, 2015 The facilities proposed for the building on the 2 levels that is nearing completion are as follows:

4.2.1 Lower ground floor The ground floor has been designed to have four security cells (2No. ordinary security cells and 2 No. special cells) on for each gender. The floor will also have one male and female prison for adults. There will be a prison office and a prison desk to handle matters relating to prisoners and a similar one for police officers (office and a desk). There will be four separate washrooms for the women and three for men adjacent to each other on the right rear end of the building. The men`s washroom will have an inclusion of a urinal. These washrooms will be equipped with four wash hand basins. On the rear end of the building near consultation rooms, 2 additional washrooms with WHB will be provided.


Security will be manned in a CCTV monitoring and audio Visual room. The floor will have access to one lift, one of prison circulation stairway for the prisoners. This will be located near the UPS/power room adjacent to the parking area. There will be a parking designated for the judicial officers in the lower basement that will be accessed via a ramp made of reinforced concrete. There will be 16 parking spaces

4.2.2 Upper ground floor The access to the floor has been provided for through 9 stair ways, 4 ramps and one elevator, a fire exit fire has also been provided on the right wing of the building. The building has provision for ramps to cater for persons with disabilities. Stair cases have also been provided for the ordinary persons. There will be five court rooms (Court 1- 5 ) located side by side that will have witness protection room. A registry has been provided to keep the files for the ongoing cases; the registry has been separated as follows: Land registry; Industrial registry; Environment registry; Traffic registry; Criminal registry; and Civil registry At the main entrance of the building will be a service hall that will have a information desk, 6 service counters for the service registries. A cashier where all the payments to the courts can be has also been provided for in the service hall. Other rooms that will be on this floor include: Witness protection room; ICT room; Audio Visual monitoring room Server room; CCTV monitoring room; The public will have access to washrooms (3 WC for men with a urinal and 3 WC for women) all the washrooms will be fitted with a wash hand Basins provided for in the toilet. An additional water closet provided for the persons with disabilities.

4.2.3 First floor The access to the first floor is has been provided for through 9 stair ways, 4 ramps and one elevator, a fire exit fire has also been provided on the right wing of the building. The building has provision for ramps to cater for persons with disabilities. Stair cases have also been provided for the ordinary persons. There will be five court rooms (Court 6- 10) located side by side that will have witness protection room. Similar to the upper ground floor, the 1st floor (appeals courts) will have to keep the files for the ongoing cases; the registry has been separated as follows: Land registry; Industrial registry; Environment registry; Traffic registry; Criminal registry; and Civil registry


The advocates will have a lounge on the western side of the floor near the entrance lobby, it will have a kitchenette and their own washrooms separated for both genders. Other utility rooms provided for within the building are: Prosecutors lounge; Prosecutor`s office; probation office; transcription room; and Dry cleaners store;

4.2.4 Second floor This floor will have 8 high court judge chambers with an allowance of 1 secretary each. These offices will be self-contained with water closet (WC) and a Wash Hand Basin (WHB). There will be a judicial lounge, a library and a security desk situated on this floor. There will be two separate washrooms for the women and men adjacent to each other on the right rear end of the building. The men`s washroom will have a inclusion of a urinal. These washrooms will be equipped with two wash hand basins and one water closet. Access to the floor can be through 2 ramps, 5 staircases or one available lifts on the floor.

4.2.5 Third floor This floor will be similar to the second floor with regards to the Judge`s chambers with their secretaries. The difference between the 2 floors is that the third floor will have two boardrooms and a covered terrace but will lack a judicial lounge, a library and a security desk situated. This floor will have 7 high court judge chambers with an allowance of 1 secretary each. These offices will be self-contained with water closet (WC) and a Wash Hand Basin (WHB). Access to the floor can be through 2 ramps, 5 staircases or one available lifts on the floor. 4.3 General construction specifications

4.3.1 Site Clearance The project shall involve site clearance by the cutting down of all trees, stumps, bushes, vegetation and rubbish, burning the debris arising in approved locations and carting remaining material to a tip provided by the contractor. The contractor shall consult the Architect before cutting down or pruning any tree on the Site.

4.3.2 Foundation Excavations The foundation trenches and column bases shall be excavated to the widths and depths of the concrete foundations shown on the drawings or to such widths and depths as the Engineer may instruct after examination of the excavations. Excavation in excess of that shown on the drawings, or defined by the latest edition of the standard Method of Measurements of Building Works will be backfilled at the Contractor’s expense with concrete as specified for the foundations to the satisfaction of the Engineer.

4.3.3 Filling Under Surface Beds in Buildings (a) Murram Filling


Murram for filling as base course shall be from an approved source and of the highest quality. It shall be laid in layers not less than 150mm thick and not greater than 225mm thick prior to compaction. Water will be applied to O.M.O. and each layer will be thoroughly compacted by at least 8 passes of a 10-tonne smooth wheeled roller or a 2-tonne vibrating roller until all movement ceases and 100% C.B.R. is obtained. (b) Hardcore Filling Hardcore filling shall be crushed rock, broken concrete or other approved granular materials broken to pass not greater than a 150mm ring or to be 75% of the finished thickness of the layers being compacted whichever is the less and graded so that it can be easily and thoroughly compacted by rolling. The filling is to be laid in the layers each of a consolidated thickness not exceeding 225mm.

4.3.4 Anti-Termite Treatment

The top surface of the filling shall be treated with gladiator T C pesticides to be supplied and applied by Rentokil Ltd. or other equal and approved firm strictly in accordance with the satisfaction of the Architect. The contractor must destroy any termite nests found within the perimeter of the building and within 20meters from the building externally and take out and destroy queens, impregnate holes and tunnels with approved insecticide and backfill with hard material, well rammed and consolidated. The specialist shall be required to issue a ten year guarantee to the employer.

4.3.5 Polythene Sheeting

Polythene sheeting to be used will be from an approved manufacturer. The Joints on sheeting shall be treble folded with a 150mm fold and taped at 300mm intervals with 50mm wide black plastic adhesive tapes. The sheeting shall not be stretched but shall be laid loose with sufficient wrinkles to permit shrinkage by up to 15%. The contractor shall ensure that the membrane is not pierced during laying and concreting.

4.3.6 Existing Services Before commencing works the Contractor shall ascertain from the relevant local authorities and all other public bodies, companies and persons who may be affected, the position and the depths of their respective ducts, cables, mains, or pipes and appurtenances. He shall thereupon search for and locate such services. Active existing services shall be adequately protected from damage or relocated as directed by the architect. Inactive services shall be removed or sealed off in accordance with the direction of the Architect. 4.4 Concrete work

4.4.1 Codes of Practice All workmanship, materials, tests and performances in connection with reinforced concrete shall be in conformity with the latest edition of the British Standard for Concrete Works - B.S. B110 parts 1&2, B.S. 8004, B.S. 8007.

4.4.2 Supervision A competent person approved by the Engineer shall be employed by the Contractor whose duty will be to supervise all stages in the preparation and placing of the concrete. All cubes shall be made and site tests carried out under his direct supervision in consultation with the Engineer.


4.4.3 Cement Cement, unless otherwise specified, shall comply with the requirements of K.S.02-21. A manufacturer’s certificate of test in accordance with this standard shall be supplied for each consignment delivered to the site.

4.4.4 Aggregates Aggregate shall conform to the requirement K.S. 02-95 and shall be from approved sources. And shall be delivered to the site in their prescribed sizes or gradings and shall be stock-piled on paved areas to the boarded platforms in separate units to avoid intermixing. The aggregates shall not be stock-piled on the ground.

4.4.5 Concrete Mixes The quantity of cement shall be measured by weight. Where delivered in bags each batch of concrete is to contain one or more bags of cement in accordance with the proportions specified. For non-structural concrete, volume batching is as indicated below: Table 4-1: Volume batching for non-structural concrete mixes

Class of concrete Grade 10 Grade 15 Nominal mix by volume 1:4:8 1:3:6 Cubic meters of fine aggregate per 50-kg bag of cement 0.16 0.12 Cubic meters of coarse aggregate per 50-kg bag of cement 0.32 0.24 Max. size of coarse aggregate 40mm 40mm

Table 4-2: Volume batching for structural concrete mixes

Class of concrete Grade 20 Grade 25 Nominal mix by volume 1:2:4 1 1.5:3 Cubic meters of fine aggregate per 50-kg bag of cement 0.07 0.50 Cubic meters of coarse aggregate per 50-kg bag of cement 0.14 0.10 Max. size of coarse aggregate 20mm 20mm

4.4.6 Steel Reinforcement

The steel reinforcement shall comply with the latest requirements of the following Standards: Hot rolled MS for the Reinforcement of concrete KS 02-22 Hot rolled MS for the Reinforcement of concrete KS 4449 Cold worked H.Y. steel for the Reinforcement of concrete BS 4461 Hard drawn steel wire BS 4482

4.4.7 Fabric Reinforcement Fabric reinforcement shall be electrically cross-welded steel wire mesh reinforcement to B.S. 4483 and of the size and weight specified and made of wire to B.S.4482


4.4.8 Fixing Steel Reinforcement Reinforcement shall be accurately bent to the shapes and dimensions shown on the drawings and schedules and in accordance with B.S 4466 and B.S. 8810. Reinforcement must be cut and bent cold and no welded joints will be permitted unless as detailed or directed by the Engineer.

4.4.9 Formwork Formwork shall be subsequently and rigidly constructed of timber, steel, plastic, precast concrete or other approved material. All timber framework shall be good, sound, clean, sawn, well-seasoned timber free from warps and loose knots and of scantlings and strong for their purposes. 4.5 Walling

4.5.1 Cement and lime Cement used for making mortar shall be as described in concrete work. The lime for making mortar shall be obtained from an approved source and shall comply with BS 890 Class for non-hydraulic lime. The lime to be run to putty in an approved lined pit or container. The water to be first run into the pit or container and the lime to be added until it is completely submerged, stirred vigorously until all lumps are disintegrated and shall be kept constantly covered with water and regularly stirred for at least four weeks. the resulting milk-lime then to be run through a fine sieve and run into a pit or other container and kept clean and moist for less than two weeks before being used in the works.

4.5.2 Sand Sand used for making mortar shall be clean well graded siliceous sand of good sharp hard quality equal to samples which shall be deposited with an approved by the architect. It shall be free from lumps of stone, earth, loam, dust, salt, organic matter and other deleterious substances, passed through a fine sieve and washed with clean water if so directed by the architect.

4.5.3 Stone All stone shall comply with the requirements of CP 121. 202 for masonry and rubble walls respectively except where amended or extended by the following clauses.

4.5.4 Reinforced walls Steel reinforcing bars in walls shall be carefully placed and spacers used to ensure that a minimum of 20mm cover is given to the reinforcement unless otherwise specified. Horizontal reinforcement in mortar joints shall be laid such that the reinforcement is not in contact with the blocks or stone.

4.5.5 Wall ties 20-Gauge wall ties, size 25 x 450mm long, shall be provided to connect walls to steel or concrete columns and beams and to connect two unbounded leaves of wall. Wall ties shall be provided at 450mm centers both vertically and 900mm centers horizontally and shall be staggered when used to connect two leaves of unbounded wall. Wall ties shall be embedded into each material by a minimum of 75mm


4.5.6 Fair Face All concrete and hollow block work described shall be finished with a fair face is to be built to a true and even face with the joints finished s specified hereinafter.

4.5.7 Pointing Pointing walls shall be prepared for pointing by raking out all loose or friable material to a minimum of 15mm to form a square recess. The joints shall then be wetted and new mortar shall be forced into the joints and finished as directed.

4.5.8 Bricks Bricks for construction work must conform to B. S. 3921 and be hard, square, well-fired and free from deep cracks, pebbles or visible lime particles. Unless otherwise stated, common bricks will be in nominal size 225 x 113 x 75mm

4.5.9 Damp-proof Course Damp-proof courses shall be hessian based bituminous felt to B. S. 743 weighing not less than 3.8 kg per square meter. 4.6 Roofing

4.6.1 Sheet roofing generally All sheet coverings shall be laid away from the prevailing weather i.e. the exposed edge of the top most sheet to be on its leeward side.

4.6.2 Steel Sheet and aluminium Sheet Roofing Corrugated steel sheets are to conform to KS06-02 Part 1 and are to be galvanized after formation and of the gauges specified, laid with 11/2 corrugation side laps and 150mm end laps. Sheets are to be properly stacked on battens and if kept in the open are to be stacked inclined to facilitate run-off of rainwater. Fixing corrugated steel sheeting is to be by means of 14 gauge drive screws in the case of a timber roof supporting structure, and 6mm galvanized hook bolts in the case of a steel supporting structure. Both types of fixing to incorporate a bituminous felt washer backed by a cranked diamond shaped aluminum washer immediately below the screw head or nut whichever the case may be. Each sheet is to have a minimum of two fixings and the holes for the bolts or screws are to be drilled through. The crown of corrugation will be of such size to give a 0.80mm clearance on the bolt or screw. Pre-painted roofing sheets are to be finished with coating of an approved color sprayed on and oven cured at the works. care will be taken to avoid damage to the finish and small scratches and blemishes are to be touched up on site with paint supplied by the manufacturer of the sheets.


4.7 Utilities

4.7.1 Water During construction water will be used for mixing concrete shall be from an approved source, clean, fresh and fee from harmful matter and comply with the requirements of B.S.3148. The Contractor is expected to use water from its borehole and to augment with existing supplies from local Water Supplies and Sanitation Company. The Contractor is expected to us approximately 120m3/per day during construction. During operation water will be mainly used for sanitation purposes, the amount to be used is expected to come down to less than 10m3

4.7.2 Wastewater: Wastewater during construction is expected to be drained into holding tank and the wastewater during operations will be challenged in the Nakuru Water and Sanitation Company sewerage lines (NAWASCO). Storm water from the planned buildings will be channelled to the storm drains.

4.7.3 Solid waste; Solid waste should be collected and stored in Bins and later will be collected from the facility by a licensed waste collector during construction. During all the wastes will be incinerated. Currently, the existing facility has no solid waste management facility and have resorted to open dumping of wastes.

4.7.4 Fire safety Indoor hose reels (a radius of 30m, water discharge volume of 44litres/min/point and a discharge distance of 11.43m at 2 bar) and fire extinguishers will be provided at specific points as outlined below: 2.3kg CO2 extinguisher and a pair of water extinguishers will be provided along the

corridor of each floor; Water extinguisher in common spaces such as corridors of the building; A fire blanket (5m by 5m) will be provided. Exit route lights will be installed at strategic points to ensure safe evacuation in the event of power outage. The following fire alarm system has been planned: A fire warning at the alarm panel in the gate house; Fire detectors in common areas and in each floor; Push buttons near each stair case and every 30m of walking distance.

4.7.5 Security Burglar bars will be installed at each opening i.e. doors and windows and security lights on the walls.

4.7.6 Source of Labour

Labour will be sourced locally in the town. During construction, approximately 100-200 casual labourers will be needed and based on the existing unemployment situation as reported in the CIDP 2013-2017 and consultation with key informants the required labour will be easily available in the town. The Labour will include skilled labour from the contractor’s team which will form approximately 10% of the total work force, both gender will be considered for semi-skilled and


unskilled labour (casual laborer’s). It is not expected that the presence of contractor’s team in the area will bring alarm to the area and the construction of the court is also not expected to bring influx into the town.


5 PROJECT ALTERNATIVES An ESIA should identify and assesses alternatives to the proposed project. Only the best alternative should be selected based on less negative impacts and cost-benefit analysis. An important alternative to be analysed is the “no project” alterative. This is a very important analysis because it helps the proponents measure the impacts from the project against those which would have taken place without the project. 5.1 “No-action alternative” The No action alternative refers to the option of maintaining the existing courts remain in usable condition. The maintenance strategy may involve any of the following options: Increase case backlog due insufficient court rooms; Loss of data due poor storage facilities an ICT services to back-up court files; Continue hearing cases in the dilapidated court rooms; and Continue storing files on the floor of the registry office; For ‘’No-action alternative “, it is assumed that similar interventions will continue in the future that the maintenance strategy will be to ensure that the courts remain in usable. This is economically and environmentally expensive and therefore not an alternative option.


6 PUBLIC CONSULTATION AND DISCLOSURE 6.1 General

6.1.1 Introduction The Constitution of Kenya (2010) makes Consultation and Public Participation (CPP) a central part of governance. CPP is also a mandatory procedure as stipulated by EMCA (Amended) Act, 2015 Section 58, on ESIA for achieving the fundamental principles of sustainable development. This chapter describes the consultation and public participation process followed by the Consultant in identifying key issues, concerns and possible impacts that can arise due to the proposed project as raised by the stakeholders. Consultations were held with the local leadership, residents, institutions, and different development partners and their views sought through interviews and public meetings.

6.1.2 Objectives of the Public consultation program The overriding objective of this consultations process was to disseminate information, and to provide a feedback mechanism from these stakeholders to inform the design and construction processes of the proposed Nakuru Law courts project. The specific objectives of the Consultations are therefore; To facilitate open and inclusive approach to consultation that provided timely and

transparent information to the stakeholders; To provide an opportunity for stakeholders to provide feedback on the project and raise their concerns; To reduce conflict through the early identification of contentious issues; and To aid in project planning and development of mitigation measures and monitoring plans to address issues raised.

6.2 Stakeholder Identification The stakeholders are categorised into two groups; that is, the primary stakeholders, and secondary stakeholders. Primary stakeholders are those who are directly affected by the developmental intervention either positively or negatively. They consist of the project proponent, the local population in the project’s primary zone of influence or impact. Secondary stakeholders are those who influence a development intervention or those that are affected indirectly by the proposed project. They include the proponent, the line ministries, County Government, and the Civil Society Organizations. User participation at the planning and design stages, as well as the provision of extension, marketing, and credit services, can minimize negative impacts and maximize positive ones. Consultations with NGOs can be particularly helpful in minimising adverse socio-economic impacts. The consultation programme was developed and implemented considering the project areas of influence. Table 6-1 outlines the stakeholders to be consulted.


Table 6-1: Stakeholder groups Stakeholder category Stakeholder Consultations

Primary

Project proponent A consultative meeting was held with the Executive Court Officer, Nakuru Law Court

Members of the public Advocates at Nakuru Law Courts Construction site manager

Neighbouring business owners

Members of the public who use Nakuru Law Court were consulted in two phases as attached on Annex 1: A questionnaire was used to gather the public’s interactions with the court and how the proposed developments would affect their activities, access to court services and any foreseen environmental impacts

Secondary

Governments Agencies The following line ministries were consulted Judiciary staff Probation officer Children officer Police commander,

Nakuru police station Prosecution counsel Administration police

The stakeholders were consulted on one on one meetings and their views, concerns and comments on the proposed projects were gathered using a questionnaire that will be appended in the ESIA Project Report.

6.2.1 Issues arising from consultations from questionnaires

Consultations were held with members of the public, judiciary staff and government line ministries to include: Senior Principal Magistrate, District Water Officer, Sub-court Children‘s Officer, Nakuru Town Disabled Self-help Group, Private Business owners and members of the court visiting the court. The following comments were gathered: All respondents indicated that the project will have no environmental impacts; Some members were concerned that construction activities and ferrying of construction

material will have a negative effect on the existing road network and proposed that the court should repair and expand the road leading to the court;

Members of the public were concerned about the waste water and effluent disposal. They recommended a septic tank to be constructed;

There is water scarcity in Nakuru town: recommends for water harvesting and drilling a borehole;

There will be job creation for the locals during the construction period and requested for locals to be considered for employment by the contractor;

The community will have better judicial services; and The building would increase the land value of the area


Table 6-2: Issues raised during focus Group Discussions with various stakeholders Issue Comments Court rooms The new court building will house the Court of Appeal and the High court. There is no permanent court of appeal in Nakuru currently. Once or twice a

month a visiting Court of appeal Judge comes from Nairobi or Nyeri. When they visit, they come with their own support staff. This leads to a displacement of the resident judge and magistrates and their staff to create room for the visiting judges. This over the years has created congestion and displacement for staff in the existing offices. The new building will ease this problem. Presence of the new building means that the new Judges and magistrates will be posted to Nakuru. This is expected to reduce the backlog of cases that currently have to wait to be heard in Nairobi or Nyeri. This means better and more effective service delivery to citizens. It will also lead to cutting down on expenses to transport witnesses and suspects to the respective courts in Nairobi and/or Nyeri.

Congested office space

Due to congestion in the current court buildings, the court basement was refurbished to host ICT, Library, cash office, exhibit store and archives. The basement is very cold and staff are not comfortable to work from the basement since it does not have heating facilities. These basement offices are hoped to be moved to new office building. This will create a conducive and spacious work environment for the Judiciary staff.

Holding cells The old court building does not have sufficient holding cells for the prisoners and suspects from police cells. It is crowded and lacks sufficient sanitary facilities. Ventilation and housekeeping inside the holding cells is very poor. The new building offers separate cells for: adult males and females, and juveniles males. This separation of cells will be a big improvement in the security of prisoners and adherence to court holding cells requirements as guided by the law and human rights. It also make it less likely for prisoners to escape from lawful custody as they are designed with stairs that lead directly to court rooms and Judge chambers.

Provision of an ablution block

Current court building had two toilets that are used by court users: staff, and the general public visiting the courts. The new building design offers separate toilets for the visiting public with a separate ablution block, court staff within their offices and for the prisoners in the holding cells. This will greatly improve hygiene standards and health risks associated with lack of proper sanitation facilities.

No Incinerator During the site visit, we noted that solid waste from existing court building are collected and burned at the back of the court building. The collection point is not secured hence the backyard is littered with waste paper. The Mr Evelyne Wafula, expressed d concern that it is difficult to keep the compound clean and when it rains it is difficult to burn the papers due to wetness. An incinerator is important for the destruction of exhibits that are meant to be destroyed. There is need for an incinerator or a disposal pit to destroy drugs (bhang) and any other form of court evidence that needs to be destroyed.

Fire safety: The existing court building is fitted with fire safety equipment; smoke and fire detectors, fire blankets and fire extinguishers. Sections heads were trained on fire safety, however, the other staff have not been trained near faire drills performed. Staffs recommend that the new building be fitted with fire equipment upon completion and all staff trained.

Noise pollution Construction activities affect court sessions due to the noise. This has two effects: i. Communication within the court is interfered. This causes a communication barrier during court proceedings, between witnesses and litigants.

Sometimes it calls for the suspension of construction activities to allow court to proceed. This in the long run may increase the construction period if proper compensation measures are not put in place.


7 POTENTIAL IMPACTS AND MITIGATION MEASURES 7.1 Evaluation of environmental and social impacts The purpose of the Environmental and Social Impact Assessment (ESIA) of the proposed Law Court project is to improve decision making and to ensure that the project progresses in a sustainable approach. The ESIA identifies ways of improving the project environmentally and socially by preventing, minimising, mitigating, or compensating for adverse impacts. These measures will help to avoid potentially costly remedial measures. To alleviate negative impacts emanating from the implementation of the Law Court project, relevant mitigation measures have also been proposed in this Chapter. Economic, social and environmental change is inherent to development. Whilst the Law Court project aims to bring about positive change it is expected to lead to range of impacts ranging from minor to significant impacts. In the past, the promotion of economic growth as the motor for increased well-being was the main development thrust with little sensitivity to adverse social or environmental impacts. The need to avoid adverse impacts and to ensure long-term benefits led to the concept of sustainability. This has become accepted as essential feature of development if the aim of increased well-being and greater equity in fulfilling basic needs is to be met for the current and future generations. The Environmental and Social Impact Assessment (ESIA) has been systematically conducted to determine whether the proposed project will have a diverse impact on the environment. The Environmental Management and Co-ordination Act (EMCA) No.8 of 1999 and Amended in 2015 provide the legal and statutory guidelines for the Environment and Social Impact Assessment process in Kenya. The ESIA thus has three main functions: To predict problems/ impacts; To find ways to avoid/minimize/compensate for negative impacts; To enhance positive effects / impacts. The impacts in this chapter have been generated based on the analysis of the proposed law courts visa vi the baseline environment of the project area. To this end, the focus of this Chapter is:

To identify and analyse the extent of the environmental and social impacts from the project; To assess the environmental impacts of the operation and maintenance activities; To assess the social impacts from the project; and To discuss the decommissioning of the project.

7.1.1 Definition and classification of environmental and social impacts

An environmental impact is any change to the existing condition of the environment caused by human activity or an external influence. Impacts may be: Positive (beneficial) or negative (adverse); and Direct or indirect, long-term or short-term in duration, and wide-spread or local in the

extent of their effect. Impacts are termed cumulative when they add incrementally to existing impacts. In the case of the project, potential environmental impacts would arise during the construction and the operations phases of the project and at both stages positive and negative impacts are anticipated.


7.1.2 Impact significance Significant impacts are defined, not necessarily in order of importance, as being those which: * Are subject to legislative control; * Relate to protected areas or to historically and culturally important areas; * Are of public concern and importance; * Are determined as such by technically competent specialists; * Trigger subsequent secondary impacts; * Elevate the risk to life threatening circumstances; and * Affect sensitive environmental factors and parameters.

7.1.3 Impact Assessment Scoring

To systematically identify, predict, evaluate and determine the significance of impacts resulting from the project construction and operation, a generic criterion developed by Hauget al (1984) was adopted as presented in Table 7-1. Precautionary principle was used to establish the significance of impacts and their management and mitigation i.e. where there is uncertainty or insufficient information, the Environmentalist erred on the side of caution. Table 7-1: Criteria for assessing significance SEVERITY OF IMPACT RATING

CONS

EQUE

NCE

Insignificant / non-harmful / less beneficial -1/ +1 Small/ Potentially harmful / Potentially beneficial

-2/ +2 Significant / slightly harmful / Significantly beneficial

-3/ +3 Great/ harmful / beneficial -4/ +4 Disastrous/ extremely harmful / extremely beneficial

-5/+5 SPATIAL SCOPE OF IMPACT RATING Activity specific -1/ +1 Right – of – way specific (within right – way) -2/ +2 Local area (within 5km of the project) -3/ +3 Regional -4/ +4 National -5/+5 DURATION OF IMPACT RATING One day to one month -1/ +1 One month to one year -2/ +2 One year to ten years -3/ +3 Life of operation -4/ +4 Post closure -5/+5 FREQUENCY OF ACTIVITY / DURATION OF ACTIVITY

RATING

LIKEL

IHOOD

Annually or less / low -1/ +1 6monthly / temporary -2/ +2 Monthly / infrequent -3/ +3 Weekly/ life operation/ regularly / likely -4/ +4 Daily / permanent / high -5/+5 FREQUENCY OF IMPACT RATING Almost never/ almost impossible -1/ +1 Very seldom / highly unlikely -2/ +2 Infrequent / unlikely/seldom -3/ +3 Often / regularly/ likely/ possible -4/ +4 Daily / highly likely/ definitely -5/+5


Table 7-2: Significance rating matrix CONSEQUENCE (Severity+ Spatial Scope + Duration)

LIKEL

IHOOD

(Fr

eque

ncy o

f acti

vity

+ Freq

uenc

y of

impa

ct)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 4 8 12 16 20 24 28 32 36 40 44 48 52 56 60 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 6 12 18 24 30 36 42 48 54 60 66 72 78 84 90 7 14 21 28 35 42 49 56 63 70 77 84 91 98 105 8 16 24 32 40 48 56 64 72 80 88 96 104 112 120 9 18 27 36 45 54 63 72 81 90 99 108 117 126 135 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150

Table 7-3: Mitigation ratings

Significance Ratings

Value Negative Impact Management Recommendation

Positive Impact Management Recommendation

Very High 126-150 Improve proposed management Maintain proposed management High 101-125 Improve proposed management Maintain proposed management Medium - High 76-100 Improve proposed management Maintain proposed management Low - Medium 51-75 Maintain proposed management Improve proposed management Low 26-50 Maintain proposed management Improve proposed management Very low 1-25 Maintain proposed management Improve proposed management

The following is a detailed assessment of impacts anticipated to stem from implementation of Project. The proposed law court construction is expected to have significant positive and negative impacts on the bio-physical and socio-economic environment of the project area. Below is a discussion of some of the potential impacts that will emanate from implementation of the proposed project. 7.2 Positive construction impacts Anticipated positive impacts from implementation of the Law Court project will include but not limited to:

7.2.1 Employment opportunities The existing unemployment situation as reported in the CIDP 2013-2017 for Nakuru County, the total labour force in the year 2012 was 968,745, the employed were 740,608 while the unemployed were 228,137 representing 24 per cent of the total labour force. The female accounts for 46 per cent of the unemployed population. In order to enhance the growth of the economy in the county, the CIDP proposes the need to enhance measures aimed at creating employment activities both in the formal and informal sectors to absorb the unemployed. The strategies should focus more on the women and youth population. There is therefore need to boost youth and women enterprise development funds that have contributed to the empowerment of these groups. Further, community based projects like development of cottage industries that make use of local resources should be promoted. There will be job opportunities especially to casual workers. Labour will be sourced locally in the town. During construction, approximately 200 casual labourers will be needed and based on the existing unemployment situation as reported in the CIDP 2013-2017 and consultation with key informants the required labor will be easily available in the town. Employment opportunities are a benefit both in economic and social sense. In the economic sense, it means abundant unskilled labour will be used in economic production. In the social sense, these young and energetic otherwise poor people will be engaged in productive employment other than remaining idle. The Labour will include skilled labour from the contractor’s team which will form approximately 10%


of the total work force, both gender will be considered for semi-skilled and unskilled labour (casual laborer’s). Remaining idle may attract them into social ills like drug abuse and other criminal activities like robberies. Several workers including casual laborers, masons, carpenters, joiners, electricians and plumbers are expected to work on the site for a period that the project will start to the end. Apart from casual labor, semi-skilled and unskilled labor and formal employees are also expected to obtain gainful employment during the period of construction. It is expected that women will also be employed during the construction phase. It is not expected that the presence of contractor’s team in the area will not bring alarm to the area. The Construction activities will also offer indirect employment especially for women which includes food vendors who will have more buyers for their food and thus improved income for the locals. This will also have a similar effect to traders operating around the project area. Impact Analysis Matrix

Impact without Mitigation Severity of impact +3 Spatial scope of impact +3 Duration of impact +3 Frequency of activity / duration of activity +3 Frequency of impact +5 Result + 72 Low - Medium

The proponent should emphasize the use of local unskilled labour by any engaged contractor as far as feasible to enhance benefits for the local population. Enhancement measures All construction workers should be employed and remunerated in accordance with the

provisions of Kenyan labour laws and best international practices as contained in ILO Labour and Working Conditions; Capacity building and training of men, women and youth on specialised labour that will be required during construction; Gender mainstreaming should be implemented during the recruitment process of workers to work in the construction process; Inclusion of availability of jobs for the project and process for recruitment into the communications plan.

7.2.2 Opportunity for employment of women

The CIDP 2013-2017 for Nakuru County reorganises that women, children, female headed households, and the elderly people significantly bear the brunt of poverty. It is also acknowledged that most of the women in the county contribute more labour than men in agricultural sector while proceeds mainly go to men as the family heads. In the urban areas the most affected are slum dwellers. To address the unemployment and poverty problem, there is need to create an enabling environment for creation of opportunities through; provision and maintenance of essential infrastructure, investment in human development and basic welfare; and where necessary guarding against human exploitation and environmental degradation. To nurture business confidence, the government will maintain a stable political and economic climate; private property rights and upholding the rule of law; and administration of justice. Traditional ideas about the roles of girls and women restrict their contributions to development activities especially construction as this is normally being pro men. These ideas hold women back from contributing to important development goals; especially in the areas of economic growth, nutrition and food security. This project amongst others provides the opportunity for disadvantage local community to be employed during construction phase as semi-skilled and unskilled labour. This will therefore increase their economic and hence give them an opportunity to make decisions. Even though the project is not expected to bring a significant change at the start but provision of this


opportunities will open the eyes of the women and make know that they are also capable of handling some of the work that men do. Impact Analysis Matrix

Impact without Mitigation Severity of impact +2 Spatial scope of impact +2 Duration of impact +2 Frequency of activity / duration of activity +2 Frequency of impact +3 Result +21 Low

Enhancement measures Capacity building and training of men, women and youth on specialised labour that will

be required during construction; Gender mainstreaming should be implemented during the recruitment process of workers to work in the construction process; Insisting that certain quarter of unskilled jobs is left for women.

7.2.3 Increase in economic activities in the area

With the construction of the proposed court, it is expected that new forms of economic activities will crop up thus reducing the losses suffered during droughts. Economic activities bordering on material sourcing within the county will improve the sales of commodities services such as: Cement; Sand; Petrol; Motor vehicle related spares and services; and Increased number of people seeking services of from recreational facilities. This will be an opportunity for the suppliers of construction materials and other utility suppliers to create market and sell their goods in the project area. In turn, this will boost their profit margin which is an advantage to their businesses. The spill-over effect because of tax remittance will contribute towards economic development of the nation. Impact Analysis Matrix

Impact without Mitigation Severity of impact +4 Spatial scope of impact +4 Duration of impact +5 Frequency of activity / duration of activity +4 Frequency of impact +5 Result +81 Medium - High

The project seeks to acquire aggregate from commercial quarries and which will improve business for the traders in the sector. It is expected that cumulatively; the project will have a great improvement on the economy of the project area.

7.2.4 Marketing of tourist destination sites in the county There are three national parks within Nakuru County and other tourist attraction sites. In addition, there are private wildlife that makes Nakuru one of the best tourist destination sites. It is therefore expected that during the construction phase the senior project team coming from other towns to work in the project may be attracted to the tourist attraction sites and the nature trails thereby promoting the local tourism.


Recommendation The project team should encourage the staff to visit the tourist sites within the county; Partake in environmental conservation exercises organised by KWS, KFS, NEMA or

any other environmental protection and conservation agency. Impact Analysis Matrix


7.2.5 Skills acquisition

The employees in the project will have a chance to interact with people of different skills and levels thereby learning new skill. Apprenticeship is also expected to be a form of skill transfer especially for the casual labourers during construction phase. It is expected some of the casual workers will be able to gain experience which they will use to work in other projects. Impact Analysis Matrix


Recommendation Jobs that do not require skills acquired through institutional training such as concrete

mixing, making formworks can allow for on job experience for new employees; Specialist training should be incorporated within the project implementation targeting local personnel for O&M implementers, occupational safety and health instrumentation and associated fields.

7.3 Negative impacts during construction phase The potential negative social and environmental impacts during construction phase are those associated with the following aspects: Removal of vegetation, dust, noise, elevated and overhead work, indiscriminate disposal of waste, general health and safety aspects, increased traffic and spillage of hazardous materials on the ground surface as discussed in the subsections but not limited to:

7.3.1 Soil erosion and drainage

The soils in Nakuru town are silty and loosely held and thus are prone to erosion, it is therefore paramount that the contractor puts in place measure to control soil erosion. The project site also sits in between Menengai crater and Lake Nakuru which increases the probability of sheet erosion on the site that will pollute the sensitive lake Nakuru. The natural drains around the project area are expected to receive the eroded soil which could end polluting the streams


nearby. There is likely going to be flooding within and around the project area. This can cause severe damages and contamination of the environment if sanitation facilities are also flooded. This impact is high and could extend up to during operation stage. Impact analysis matrix

Impact without Mitigation Severity of impact -4 Spatial scope of impact -4 Duration of impact -4 Frequency of activity / duration of activity -4 Frequency of impact -4 Result -96 High

Mitigation measures include:

Practice selective vegetation clearing where necessary; Excavation meant for disposal should be deposited in areas defined for their disposal to reduce risks of being washed away by elements of weather and spill over effects to neighbouring lands or the river Project implementation plans should be developed such that section excavated are worked on and completed before moving to other areas; Proper channels for waste water drainage should be developed within the project site to reduce washing away of soils and other loose materials; Re-vegetation of exposed areas around the site should be carried out as soon as possible to mitigate against erosion of soil through surface water runoff and wind erosion. Improve economic efficiency of public drainage lines to manage stormwater

7.3.2 Occupational Safety and Health Hazards

The project site is located close to institutions All construction sites are inherently unsafe and for those employed on the project the risks are varied and omnipresent. They are however well understood and documented, and providing normal, accepted Health and Safety procedures are followed they are easily minimized. Risk of accidents and incidents will be heightened with the construction activities. Construction workers will be in direct contact with heavy machinery and equipment; however, this risk is activity specific and will only be within the construction area. Heavy ground vehicles (HGVs) such as excavators might be of risk while; Moving and strikes a pedestrian, particularly while reversing; Slewing trapping a person between the excavator and a fixed structure or vehicle; or Working when the moving bucket or other attachment strikes a pedestrian or when the

bucket inadvertently falls from the excavator.

Health, safety, and security are important aspects through all the stages of the proposed project. Specific mitigation measure to HGVs Exclusion: People should be kept away from areas of excavator operation by the

provision of suitable barriers. Most excavator related deaths involve a person working near the excavator rather than the driver. Bunting or fencing can be used to create and maintain a pedestrian exclusion area; Clearance: When slewing in a confined area the selection of plant with minimal tail swing is preferred. Clearance of over 0.5m needs to be maintained between any part of the machine, particularly the ballast weight, and the nearest obstruction;


Visibility: Excavators with the best view around them directly from the driver position should be selected. Excavators should be equipped with adequate visibility aids to ensure drivers can see areas where people may be at risk from the operation of the machine; Signaller: A signaller should be provided in a safe position to direct excavator operation and any pedestrian movements; Bucket attachment: Quick hitches can be used to secure buckets to the excavator arm. Several deaths have occurred in recent years when the bucket has fallen from the machine Drivers: should be trained, competent and authorised to operate the specific excavator. Training certificates from recognised schemes help demonstrate competence and certificates should be checked for validity; Signallers: should be trained, competent and authorised to direct excavator movements and, where possible, provided with a protected position from which they can work in safety; and Pedestrians: should be instructed in safe pedestrian routes on site and the procedure for making drivers aware of their presence.

Impact Analysis Matrix

Impact without Mitigation Severity of impact -5 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -2 Frequency of impact -3 Result -45 Low

Mitigation measures: The Contractor should ensure registration of the workplace by the Director, Directorate

of Occupational Safety and Health (DOSH) forming the basis of his work statistics; The Contractor must ensure establishment of a Health and Safety Committee for the project team as per the Health and Safety Committee Rules 2004 of the OSHA Act The Contractor should contract a qualified Health and Safety auditor to conduct annual Health and Safety (H&S) and a registered Fire Auditor to undertake a fire audit and develop relevant policy for the site; The Contractor should ensure provision of appropriate Personal Protective Equipment (PPE) for project; All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the Project Manager. If appropriate, symbolic warning signs must be erected; Maintain an incident/accident register, in accordance with the Occupational Safety and Health Act 2007 and report incidences to the Nakuru Safety Officer and Directorate of Occupational Safety and Health (DOSH); The Project Manager should ensure that the Contractor is instructed in the use of all materials that may have negative environmental (including health) effects; The Project Manager should ensure that if any material or substance is used that is at any point in the future deemed to be deleterious to health, and then it must be replaced with an acceptable alternative; The Project Manager should ensure strict safety management through close attention to design, work procedures, materials and equipment. Public sensitisation on safety issues around the project site should be adopted; JPIP implementation unit and the contractor should adopt strict construction practices to ensure safety of local communities and construction workers; The community should be notified in advance of possible activities that may cause disturbance. In addition, construction should follow a schedule, and the contractor must adhere to that schedule, so that the public can know when to expect disturbances;


Warning/informative signs should be erected at the fence, indicating that construction works are in progress, and possible disruption to pedestrian or vehicular traffic. Signs should indicate when works are likely to begin and end, and what alternatives are available for access; Safety concerns, review incidents, and determine actions needed to implement job safety.

7.3.3 Visual Impacts The proposed site is covered in colourful vegetation; the proposed construction will result to a short-term impact to the aesthetics of the project site. Construction activities would require the use of heavy equipment and storage of materials at construction sites. During construction, vegetation clearance, excavated areas, stockpiled soils, iron sheet barriers and other materials within the construction site and staging areas would constitute negative aesthetic elements in the visual landscape. Impact Analysis Matrix

Impact without Mitigation Severity of impact -3 Spatial scope of impact -3 Duration of impact -3 Frequency of activity / duration of activity -2 Frequency of impact -4 Result 54 Low- Medium

Recommendation: The contractor shall implement the final landscape design (urban landscape) of the

proposed facility after the construction of each phase; The contractor should build a temporary perimeter wall to avoid littering the sites near the project area.

7.3.4 Air Pollution The project site is close to office building that are sensitive receptors and are most likely to be affected by the pollution arising from the construction works. These areas include institutions such as: University of Nairobi Nakuru campus; Nakuru Central police station; Hotel Cathay; and Nakuru County Government Offices; Air Pollutants will be in the form of solid particles, liquid droplets, or gases essentially PM 2.5 and PM 10 during excavation and VOCs emitted by moving vehicles and machinery. In addition, they may be natural or man-made. People living within particulate matter air pollution are predisposed to an increased risk of pulmonary exacerbations and decrease in lung function. During construction, excavation would lead loosening of the soil that would eventually lead to the production of dust that would pollute the air. However, this will be expected to be at minimal. Impact Analysis Matrix



Mitigation measures include: Establish regular inspection program for equipment; Workers should be sensitized on management of air pollution from vehicles and

machinery; Regular and thorough vehicular and equipment maintenance. Activities generating dust (excavation, handling and transport of soils) will be carried out in calm weather. The resident engineer shall suspend earthworks operations wherever visible dust is affecting communities near the work sites; The removal of vegetation shall be avoided until clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as it’s practically possible; Procedures to limit the drop height of falling materials (soil, sand and cement) should be adopted; A speed limit approved in the traffic management plan should be adopted; Enclose the construction site with a solid perimeter fence; Concrete mixer to be positioned away from existing buildings and access roads; Provide personal protective equipment including dust masks, eye goggles and coveralls.

7.3.5 Water pollution

The Liquid wastes generated may include unmanaged wastewater from cleaning of equipment and spills from oils and other liquids used during construction. Impact Analysis Matrix


Mitigation measures Storage areas or secondary containment should be constructed of waterproof

reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; Waste from the sanitation facilities should be collected and transported by a licensed waste transporter; Oil and grease traps should be built where the contractor services/fuels his vehicles; All grey water runoff or uncontrolled discharges from the site/working areas (including wash-down areas) to the ocean should be contained and properly channelled; Install oil interceptors along the storm water drainage channels from the workshop; Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from construction site; Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered; Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including surface water bodies) are not polluted; The contractor must act promptly on remedying any pollution incidents on site; and Storage areas or secondary containment should be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; Ensure compliance with the Water Act 2002 and the Water Quality Regulations.


7.3.6 Noise Pollution The project site is located next to the sensitive areas such as: University of Nairobi Nakuru campus; Nakuru Central police station; Nakuru teachers training college; Nyayo gardens Hotel Cathay; and Nakuru County Government Offices; Construction activities will generate noise from vehicles used for transportation of material and workers to site, operation of heavy equipment and machinery for site preparation and facility erection and diesel generators used for on-site power generation. It is likely that construction workers will be exposed to some increased noise levels at certain locations close to the noise sources within the work site which might be in excess of 85dB(A) but this disturbance will be restricted to daylight hours. According to the Factories and Other Places of Work (Noise Prevention and Control) Rules, 2005 Rule No.4, no worker shall be exposed to noise levels in excess of: The continuous equivalent of 90dB(A) in 8 hours within any 24 hours’ duration; 140dB (A) peak sound level at any given time; Noise transmitted from workplace shall not exceed 55dB(A) during the day and 45dB(A)

during the night; Anybody working in an area involving exposure to noise, needs Audiometric examination and internal examination (pre-employment and annual) to determine deafness, cases with deterioration of hearing loss of 20dBA or more in two successive examinations within two weeks.

The current criteria for noise, Threshold Limit Value (TLV) which is allowed is 85 dB (A) as the first action level, 90 dB (A) second action level and 140 dB (A) being the third action level hourly. Impact Analysis Matrix

Impact without Mitigation Severity of impact -2 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -5 Frequency of impact -4 Result -54 Low - Medium

Mitigation measures include: Use of ear protectors by workers when performing noisy operations; Recondition engine exhaust systems and engine tune-up; Establish inspection and a regular and thorough maintenance program for equipment; Post appropriate notices to warn drivers against unnecessary hooting of vehicles; Switch off engines or reduce idling time when not in use; Keep machinery covers and panels closed and well fitted. Bolts/fasteners done up

tightly avoids rattles; The Contractor must confine activities between 8.00 am and 5.00 pm; Locate noisy machines like concrete mixers away from the main work areas.

7.3.7 Solid waste generation and disposal

The proposed project is expected to generate wastes such as fugitive soil, debris, cement bags, plastic containers, vehicles spare parts, waste oil, old tyres, obsolete equipment, metal end cuts especially at still section, iron sheet at the camp site, stripped off vegetation, glass materials,


and packaging materials which will need to be disposed as per the guidelines in the waste regulations. Solid waste has the potential of causing aesthetic degradation and nuisance to employees and visitors to the site. Impact Analysis Matrix

Impact without Mitigation Severity of impact -5 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -5 Frequency of impact -2 Result -63 Low - Medium

Mitigation measures Provide suitable and well labelled solid waste containers; Proper segregation of solid waste; Reduce generation of solid waste at the source; Reuse of top soil for landscaping of the site; Empty packaging materials like cartons and cement bags should be piled in a safe place

and sold to waste paper recyclers; Other solid waste to be disposed at designated sites; Install oil interceptors along the storm water drainage channels; Provision of sanitary facilities for use by workers; The contractor should comply with the requirements of the OSHA Act 2007 and Building Rules on storage of construction materials. The Contractor must comply with NEMA waste management regulations

7.3.8 HIV and AIDS Nakuru is rated 7th among the high burden counties and 10th among high incidence counties (Kenya HIV prevention revolution roadmap). According to KAIS 2012, the prevalence for the County stands at 5.3% with a total number of 66,295 PLHIV with 58,397 being adults and 7,898 being Children. In the year 2014, the County had about 4,127 new HIV infections with 199 HIV infections being among children. Pregnant women living with HIV are estimated to be 2,583, with AnC Positivity at 3.4 % (Kenya HIV County Profiles, 2014). The proposed Nakuru law courts construction will improve the economic status of the people employed thus increasing the disposable income with the probability of indulgence in substance abuse and using the money to solicit for sex. Researches have indicated that HIV prevalence rates are higher in areas where there is high disposable income as will be the case during construction of the law courts. Impact Analysis Matrix

Impact without Mitigation Severity of impact -3 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -5 Frequency of impact -4 Result -63 Low- Medium

Mitigation measures include: Conduct pre-employment screening protocols for all employees including contractors

and subcontractors in line with Kenyan legislation. Voluntary testing for additional


diseases should also be offered to workers. Workers choosing not to undergo any voluntary testing will not be discriminated against. Conduct regular health screening for all workers including contractors and subcontractors in line with Kenyan legislation. Develop and implement at HIV/AIDS Policy to promote awareness of HIV/AIDS and access to treatment. Employees contractors and subcontractors will be required to follow, and will be trained in, the Worker Code of Conduct which includes context specific guidelines on worker-community interactions, worker-worker interactions and alcohol and drug use. Employees, contractors, and subcontractors will be trained and educated to improve awareness of transmission routes and methods of prevention of sexually transmitted infections, communicable diseases and vector borne diseases, notably malaria, prior to working on the Project site. Other diseases will be covered as appropriate. Work with NGOs or the Ministry of Health to develop and implement a community sensitisation programme on HIV/AIDs and communicable diseases.

7.3.9 Spread of communicable diseases During the construction phase there is a risk of spread of communicable diseases such as tuberculosis, diarrhoea, Upper respiratory tract infections and pulmonary infections. Aspects of the physical environment that promote transmission of diseases include: inadequate housing, disposal of wastes and ventilation which are likely to occur during the construction phase of the project. In addition to the above, most parts of the project area and neighbouring villages do have proper sanitation facilities but require improvement. The influx of people could also increase the likelihood of increase in diseases such as typhoid, tuberculosis, diarrhoeal diseases, malaria, respiratory diseases, dysentery and cholera. The project area of influence is already affected by these pandemic diseases. Impact Analysis Matrix


Recommendations The Contractor should organize for community and workers training programs in

conjunction with the Sub-County Public Health Officer. This will facilitate development of more sanitation facilities within the community and increase usage; Avoid stagnation of water to prevent breeding of mosquitoes that spread malaria.


7.3.10 Labour influx The proposed project may attract labour influx to the project area during the construction phase of the project due to the high unemployment levels in the area. However, this is expected to be minimal as the construction period is short. Impact Analysis Matrix


Mitigation: Monitor the trend of migration during the project implementation and adjust the required

utilities accordingly. Use the local administration to inform the community of available opportunities; Consider locals in unskilled job opportunities.

7.3.11 Resource Consumption Obtaining granular materials and water, and disposing of any excess spoil and other waste materials will necessitate haulage, and hence the consumption of fuel. Significant quantities of granular material will be used in the project for construction works and as the primary constituent of concrete. It is expected that this material will be supplied from commercial quarries and borrow pits. Impact Analysis Matrix

Impact without Mitigation Severity of impact -3 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -5 Frequency of impact -5 Result -70 Low- Medium

Mitigation measures Recycle and reuse materials that can be salvaged; Ensure provision of adequate water storage facilities on the construction site to meet

project needs during periods of high demand externally and refill of storage tanks during periods of low demand (e.g. late at night); Monitor water consumption and utilisation in co-ordination with the building contractor through strict supervision of construction works involving water use; The Contractor should sensitise construction workers on the importance of proper water management; and Obtain aggregates from licensed quarries and dealers.

7.3.12 Oil Spills

The proposed project site is about 3.4Km from lake Nakuru National Park, it is expected that should there be a spill, the stormwater through the natural drains may find its way into the the lake leading to pollution. Oil spills may be accidental oil spills from construction machinery and vehicles through refuelling and the construction of permanent and temporary fuel storage


facilities. The most likely impact will be contamination of soil and surface and groundwater. Contaminated soil is injurious to plant growth and must be removed. Contamination of water is potentially more serious since pollutants may move fast destroying aquatic life and rendering water unsafe for domestic and livestock use. Impact Analysis Matrix

Impact without Mitigation Severity of impact -2 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -2 Frequency of impact -2 Result -24 Very- Low

Mitigation measures Vehicle maintenance should be done on purpose-built impervious concrete platforms

with oil and grease traps; Ensure that all equipment is in good condition, clean and free from leaks; Oil spill containment and clean-up equipment should be kept at the contractor's camp. Vehicle maintenance should be done on purpose-built impervious concrete platforms with oil and grease traps; Standard operating practices for refuelling mobile equipment such as a minimum 15m from any water channel should be practiced; Operator training is an important aspect of preventive approach and should be put into use before assignment or during duty; Ensure that all equipment is in good condition, clean and free from leaks; Oil spill containment and clean-up equipment should be kept at the contractor's camps.

7.3.13 Traffic disruption on Adjacent Roads

The project road is on the served by the following roads; Government Road; Moses Mudavadi; Oginga Odinga Avenue; and Court road The above roads might be affected by the construction traffic. The number of vehicles within the area is likely to increase due to vehicles supplying materials to the site and this may lead to congestion and road accidents along the adjacent access road. Impact Analysis Matrix

Impact without Mitigation Severity of impact -1 Spatial scope of impact -1 Duration of impact -3 Frequency of activity / duration of activity -2 Frequency of impact -2 Result -20 Very- Low

Mitigation measures The Judiciary will be required to implement the following measures to control flow of traffic during operational phase.


Obtain approval of the access road design from the local Nakuru Town administration Appropriate traffic warning signs instructing occupants and visitors to reduce speed, 'should be placed at the vicinity of the entrance to the site Security guards should be instructed to control traffic along the private road leading to the site and assist vehicles as they enter and exit the project site efficiently. Security guards should maintain a record of incidents and accidents at the site Contacts of emergency service providers including ambulance, breakdown recovery vehicle and traffic police, should be displayed at the main entrance area

7.4 Positive Impacts during Operation phase

7.4.1 Improved judicial performance It has been noted that insufficient court rooms to handle cases has led to increased case backlogs in the Kenyan judiciary. By building the new courts with the facilities described in chapter 4 of this report, it is expected that the 4 court rooms will increase the ability of the county court clearing the case backlogs. In the existing law courts, the prisoner holding cells had no special rooms from juvenile prison holding cells. The new courts have inclusion of separate prisoner holding cell for male and females and that of juveniles and adults. The washrooms within the existing law courts are shared among the judges and court staff, these toilets were found to be in a poor state of operation and hygiene. The new law courts are proposed to have washroom for the public, general court staff and self-contained washrooms for the magistrates. Impact Analysis Matrix

Impact without Mitigation Severity of impact +5 Spatial scope of impact +3 Duration of impact +5 Frequency of activity / duration of activity +4 Frequency of impact +5 Result +117 High

Recommendations

Implement all the components of the JPIP; The building should be built to specification to avoid constant repair work that will cause inconveniences; and Proper site planning to improve.

7.4.2 Decongestion of the court

The current court and its surroundings is seriously congested, the staff office, prosecution, court rooms all the areas are congested to an extent the at times the magistrates operate court sessions while surrounded by accused and witnesses. Infact, the existing situation does not meet minimum standards for occupational health standards. The indoor air circulation is generally poor. The proposed new building will have enough space making the place the access to judicial system easier and friendly.

7.4.3 Improved infrastructure of the Court Cells The new court replaces the old dilapidated infrastructure currently being used by the court. This


will lead to improved Hygienic conditions conducive for human habitation; Adequate light, toilet and washing facilities and outdoor area. Impact Analysis Matrix

Impact without Mitigation Severity of impact +3 Spatial scope of impact +2 Duration of impact +5 Frequency of activity / duration of activity +3 Frequency of impact +3 Result +60 Low-Medium

7.4.4 Improved conditions for handling the vulnerable groups in the Criminal Justice System

According, to SJT any holding cells and area for detaining arrested persons must meet the following specifications: Men and women will be kept separately; Juveniles and children will be kept separately from adults; and The current court does not meet the above, however with the proposed new building all the above has designed and therefore will meet the international requirements for holding cells. Child offenders Special protection is accorded to vulnerable groups, such as children, when they encounter the Criminal Justice System. The Constitution provides, in Article 53(1)(f) that every child has a right ‘not to be detained, except as a measure of last resort, and when detained, to be held - (i) for the shortest appropriate period; and(ii) separate from adults and in conditions that take account of the child’s sex and age’. Article 53(2) further entrenches the need for the protection of children by emphasizing that the best interest of the child is the paramount principle in dealing with any matter concerning children. The proposed new court provides for separate holding cells with the adult’s offenders and thereby work to protect them according, to the Constitution. Women Female offenders in Kenya make up to 18% of the prison population annually with the cumulative annual turn-over increasing from 10,857 in 2004 to 18,112 in 2012. In line with international standards, female offenders in Kenya are supposed to be separated from male offenders for several reasons i.e potential rape, violence etc. The current does not provide clear separation; however, with the proposed new building this is provided and will therefore increase the safety of female offenders being held at the holding cells. Impact Analysis Matrix

Impact without Mitigation Severity of impact +3 Spatial scope of impact +2 Duration of impact +5 Frequency of activity / duration of activity +3 Frequency of impact +3 Result +60 Low-Medium


7.4.5 Creation of market for goods and services The court is expected to require several goods and services during its operation such as grounds men cleaners, printing paper, among others. The suppliers to these goods and services are expected to gain market for their goods and services. Photocopying and banking services are highly associated with court system due to bail or bond payment and Impact Analysis Matrix

Impact without Mitigation Severity of impact +1 Spatial scope of impact +1 Duration of impact +5 Frequency of activity / duration of activity +3 Frequency of impact +2 Result +35Low-

Recommendations Tender of services should be open and transparent; Services should be procured from the local community; Preference should be given to the local suppliers; and Space should be provided for banking agents; 7.5 Negative impacts during operation phase The major potential negative impact during operation phase of the project is associated with accidents, general safety, noise pollution and waste disposal as discussed below:

7.5.1 Noise pollution It is expected that the court will have a high capacity to handle cases which would mean more people within the project site. More vehicles are also expected to be accessing the site. This is expected to increase the ambient noise levels of the area. Given the facilities neighbouring the site are institutional offices and staff quarters, high noise levels within the court will affect the operation of people near the court. The project site is expected to have a backup generator to provide power backup during power outages. These diesel generators are known to be noisy and must have a proper silencing mechanism. Table 7-4: Maximum permissible intrusive noise levels Sound Level Limits

dB(A) (Leq,14 h) Noise Rating Level (NR) (Leq,14 h) Day Night Day Night

A. Silent Zone 40 35 30 25 B Places of worship 40 35 30 25 C. Residential:

Indoor Outdoor

45 50

35 35

35 40

25 25

D. Mixed residential (with some commercial and places of entertainment)

55 35 50 25

E. Commercial 60 35 55 25


Time Frame Day: 6.01 a.m. – 8.00 p.m. (Leq, 14 h) Night: 8.01 p.m. – 6.00 a.m. (Leq, 10h) Impact Analysis Matrix


Mitigation measures: The court rooms should have sound proofing mechanisms; There should be no hooting within the court area; Undertake a baseline noise survey to establish existing noise levels; and The generators should be maintained and serviced per manufacturers’ standards to

ensure minimal vibrations & noise emissions; 7.5.2 Additional demand for water and electricity

The court is designed to have facilities that will require a high consumption of water and electricity. Though the power demand by the building has been determined it is expected that the building facilities such as hot showers, lifts, artificial lighting among will burden the power supply. However, this not expected to create an overload. Water closet and wash hand basin are also expected to increase consumption of water in the project area. However, the project is expected to drill and construct a borehole therefore itis not likely to compete with local supplies. Impact Analysis Matrix Impact without Mitigation Severity of impact -1 Spatial scope of impact -2 Duration of impact -2 Frequency of activity / duration of activity -2 Frequency of impact -2 Result -20 Low

Mitigation measures: The court facilities should be modern and of high water efficiency; The natural lighting proposed for the building should be used as much as possible; Electrical gadgets should be of the energy saving quality to reduce power consumption; The court staff should be sensitized on the need to use resources efficiently; and Undertake a baseline noise survey to establish existing noise levels; and Repairs to electrical and water facilities should be done as soon as they occur.

7.5.3 Generation of solid and hazardous wastes

The Court is expected to receive general and hazardous waste inform waste paper, drugs, chemicals, hydrocarbons, expired alcohol and oil which may be brought to court as EXHIBITS. The impact of the destruction of this waste is expected to be high since the court has not factored in a sound waste disposal method.


Impact Analysis Matrix Impact without Mitigation Severity of impact -4 Spatial scope of impact -4 Duration of impact -4 Frequency of activity / duration of activity -4 Frequency of impact -3 Result -84 High

Mitigation measures: JPIP must include sound waste disposal methods like incinerator; The Court management must work with the County Government to ensure sound

disposal method; The Court management should provide suitable and well labelled solid waste containers; The Court management should provide Proper segregation of solid waste; The Court management should encourage waste reduction at the source; Empty packaging materials like cartons should be piled in a safe place and sold to waste paper recyclers; Provision of sanitary facilities for use by the staff working at the court and provide sound disposal of the same; The Court management must understand and comply with the requirements of the OSHA Act 2007. The Court management must understand and comply with NEMA waste management regulations.

7.5.4 Increased risk of fire

Fire risks during operation may arise predominantly due to electrical works and during incineration. Impact Analysis Matrix Impact without Mitigation Severity of impact -2 Spatial scope of impact -1 Duration of impact -1 Frequency of activity / duration of activity -1 Frequency of impact -2 Result -12 Low-Medium

Mitigation measures Ensure quality assurance in electrical installation works; Install and regularly maintain portable fire extinguishers at suitable locations; Development of fire emergency procedures and pinning them up in a place where all

residents can access them; Designate and clearly label an emergency assembly point; and Clearly marking fire exits. 7.5.5 Increased surface runoff

The existing plan has not factored in the storm water that has led to the court compound flooding during heavy rains. Construction of a cut off drain may ease the problem of flooding. The paved surface of the compound will also increase the runoff that might lead to flooding of the nearby buildings.


Impact Analysis Matrix Impact without Mitigation Severity of impact -1 Spatial scope of impact -2 Duration of impact -2 Frequency of activity / duration of activity -2 Frequency of impact -2 Result -20 Low

Mitigation measures Construction of a cut off drain; and Paving the walkways only leaving space for green spaces to allow for natural filtration

of water


8 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN 8.1 Environmental and Social Management and Monitoring Plan The Environmental and Social Management and Monitoring Plan (ESMMP) is prepared to show how site specific concerns and mitigation measures are addressed through the construction, operation and decommissioning phase of the Law Court project. The ESMMP has been developed with project knowledge and information available to date. Some of the Project’s final details, such as proposed locations of construction camps, actual locations of borrow areas to be used by the Contractor, disposal areas for construction debris among other issues, are unknown now. As project designs and plans are developed the components of the ESMMP will require updating. This is therefore a working document, which can be updated whenever new information is received or site conditions change. 8.2 Purpose and objectives of ESMP The ESMMP describes the range of environmental and social issues associated with the project and outlines corresponding management strategies that will be employed to mitigate potential adverse environmental impacts. It conveys the Project's environmental and social constraints. The project will comply with all local laws and regulations, which seek to ensure that the construction work does not adversely affect the environment and social community resources. The Supervising team may periodically revise the ESMMP in consultation with the Contractor, and subject to the approval from JPIP implementation Unit and the National Environment Management Authority (NEMA) revisions may be made to accommodate changes in work, weather and site conditions. The ESMP should be made available to all the project staffs. The objectives of the ESMMP are:

To serve as a commitment and reference for the project planners and implementers including conditions of approval from NEMA; To serve as a guiding document for the environmental and social monitoring activities for future studies for JPIP implementation Unit, on requisite progress reports; To provide detailed specifications for the management and mitigation of activities that have the potential to impact negatively on the environment; To provide instructions to relevant project personnel regarding procedures for protecting the environment and minimizing environmental effects, thereby supporting the project goal of minimal or zero incidents; To document environmental concerns and appropriate protection measures; while ensuring that corrective actions are completed in a timely manner; To address capacity building requirements within JPIP implementation Unit such as project Environmental and Social monitoring and Health and Safety.

8.3 Auditing of the ESMMP JPIP implementation Unit and the contractor shall conduct regular audits to the ESMMP to ensure that the system for implementation of the ESMMP is operating effectively. The audit shall check that a procedure is in place to ensure that:


The ESMMP being used is the up to date version; Variations to the ESMMP and non-compliance and corrective action are documented; Appropriate environmental training of personnel is undertaken; Emergency procedures are in place and effectively communicated to personnel; A register of major incidents (spills, injuries, complaints) is in place and other documentation related to the ESMMP; and Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued.

8.4 Responsibilities of the ESMMP To ensure the sound development and effective implementation of the ESMMP, it will be necessary to identify and define the responsibilities and authority of the various persons and organisations that will be involved in the project. The following entities will be involved in the implementation of the ESMMP:

Judiciary; National Environment Management Authority; Supervising Consultant / Project Engineer; Contractor; Nakuru County Government;

8.4.1 Judiciary Judiciary Transformation Steering Committee (JTSC) will be responsible for: providing strategic and policy guidance for Project implementation; review and approve annual work plans for the Project; and Payment of statutory fees to NEMA; Implementation of the ESMMP; and Ensuring that during construction and operations, the NEMA license conditions are

adhered to since it is the principle holder of NEMA license. Review project financial reports. JPIP Technical Committee (JPTC) led by a technical specialist will oversee the technical aspects and quality control of the implementation of the project activities. Project Management Unit (PMU) and Project Coordinator (PC) will be responsible for promoting effective implementation, oversight and coordination of the project.

8.4.2 National Environment Management Authority The responsibility of NEMA is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment and to ensure that all mitigation measures proposed are implemented. The project must first be approved by NEMA before construction commences. During construction, NEMA approval conditions must be adhered to.

8.4.3 Supervising consultant / Project Engineer The Supervising Consultant / Project Engineer will be required to oversee the construction programme and construction activities performed by the Contractor, in compliance with the present ESMMP. The Consultant will have an Environmental and Social Officer (ESO) in its team to co-ordinate all aspects of the environment during project implementation. This will include following the construction to monitor, review and verify the implementation of the project’s ESMMP.


It is recommended that prior to commencement of actual construction; the Consultant should submit a work site plan that complies with environmental guidelines and an updated ESMMP for the different phases of the work. During construction, the ESO will be responsible for the following tasks:

Updating environmental aspects (not covered in the EIA/ESMMP) during project implementation; Auditing environmental and safety aspects at the work sites; S/He shall participate in the definition of the no working-areas and the location of campsite, borrow pits, quarries and other areas; Recommending solutions for any emerging environmental problems; S/He shall facilitate the creation of Community Liaison Groups and shall monitor the compliance of the social clauses of the Contract, in terms of local labour force and HIV/AIDS campaign; Overseeing strategies for sensitising the local population on health and safety problems; Attending consultations held at key stages of the project with the community and interested parties; S/He will be required to liaise with the respective Environmental Authorities on the level of compliance with the ESMMP achieved by the Contractor on a regular basis for the duration of the contract; Controlling and supervising the implementation of the ESMMP; Preparing quarterly environmental and social progress or “audits” reports on the status of implementation of measures and management of work sites and annual audit reports for submission to NEMA.

8.4.4 Contractor

The contractor will be required to comply with the requirements of the EIA/ ESMMP and the Standard Specifications for construction works in Kenya, which include specifications for environmental protection and waste disposal, borrow pit and quarry acquisition and exploitation, landscaping and grassing among others. The contractor must have an Environmental Health and Safety (EHS) officer responsible for to oversee the implementation of the construction ESMMP. To ensure this, the proponent should include the construction environmental management plan in the contractor’s tender documents ensuring that they are adequately budgeted for.

8.4.5 Nakuru County Government The relevant departmental officers in the County Government should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers. Some of the areas for which the officers will be required include:

Liaising with the JPIP implementation Unit, contractor, Department of public health and the consultant in the project area to assist in the sensitisation campaigns for HIV/ AIDS and public health to the workforce and the local community; Issuing permits for tree felling, vegetation clearing, exploitation of quarries and borrow sites (whenever necessary); Identifying locations for disposal of construction debris; Issuing permits or relevant documentation for health and safety monitoring in accordance with local health and safety legislation and / or ILO standards.


Table 8-1: ESMP During Construction Phase for the development of Nakuru County Law Courts Environmental and Social Impact

Mitigation Measures/Actions Responsibility Implementation Criteria

Monitoring Indicator

Verification Estimated Cost (KShs)

Creation of Employment opportunities

All construction workers should be employed and remunerated in accordance with the provisions of Kenyan labour laws and best international practices as contained in ILO Labour and Working Conditions; Capacity building and training of men, women and youth on specialized labour that will be required during construction; Inclusion of availability of jobs for the project and process for recruitment into the communications plan.

Project Engineer / Contractor

Job allocation criteria (skilled & unskilled), Contractors workers & Locals

Satisfaction of Job allocation by Locals, few complaints by locals

List of Workers containing Contractors Workers and Locals

Cost of engaging Local Labour and Training

Opportunity for employment of women

Gender mainstreaming should be implemented during the recruitment process of workers to work in the construction process; Capacity building and training of men, women and youth on specialised labour that will be required during construction; Insisting that certain quarter of unskilled jobs is left for women.

Project Engineer / Contractor

Job allocation criteria for women (semi-skilled & unskilled) for locals.

Number of women

List of Women employed

Cost of engaging Local Women and Training

Increase in economic activities in the area

Ensures suppliers for local materials are residence of Nakuru County

Contractor Number of supplies given to locals

Satisfaction from local community

Number of locals given tenders for supplies

Total cost of supplies

Marketing of tourist destination sites in the county

The project team should encourage the staff to visit the tourist sites within the county; Partake in environmental conservation exercises organised by KWS, KFS, NEMA or any other environmental protection and conservation agency;

Contractor Visits Records of visits

List of workers of have visited tourist sites

Cost of visits


Environmental and Social Impact




Skills acquisition Jobs that do not require skills acquired

through institutional training such as concrete mixing, making formworks can allow for on job experience for new employees; Specialist training should be incorporated within the project implementation targeting local personnel for O&M implementers, occupational safety and health instrumentation and associated fields.

Project Engineer/ Contractor

Job allocation criteria (skilled & unskilled), Contractors workers & Locals

Satisfaction of Job allocation by Locals, few complaints by locals

Workers containing Contractors Workers and Locals

Cost of engaging Local Labour and Training

Soil erosion and drainage Excavation meant for disposal should be

deposited in areas defined for their disposal to reduce risks of being washed away by elements of weather and spillover effects to neighboring lands or the river Project implementation plans should be developed such that section excavated are worked on and completed before moving to other areas; Proper channels for waste water drainage should be developed within the project site to reduce washing away of soils and other loose materials; Re-vegetation of exposed areas around the site should be carried out as soon as possible to mitigate against erosion of soil through surface water runoff and wind erosion.


Site Construction Management Plan EMP

Stable soil at project site area

Evidence of stable soil at site Landscaped disturbed areas Presence of Drainage Lines Presence of grass

500,000/=

Labour influx Monitor the trend of migration during the project implementation and adjust the required utilities accordingly. Use the local administration to inform the community of available opportunities;


Labour record Number of People requesting for jobs

Regions and location of job seekers based on National

Cost of recruitment.






Consider locals in unskilled job opportunities.

Identification Numbers

Occupational Safety and Health Hazards

ensure registration of the workplace by the Director, Directorate of Occupational Safety and Health (DOSH) forming the basis of his work statistics; ensure establishment of a Health and Safety Committee for the project team as per the Health and Safety Committee Rules 2004 of the OSHA Act contract a qualified Health and Safety auditor to conduct annual Health and Safety (H&S) and a registered Fire Auditor to undertake a fire audit and develop relevant policy for the site; ensure provision of appropriate Personal Protective Equipment (PPE) for project; All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the Project Manager. If appropriate, symbolic warning signs must be erected; Maintain an incident/accident register, in accordance with the Occupational Safety and Health Act 2007 and report incidences to the Muranga Safety Officer and Directorate of Occupational Safety and Health (DOSH); The Project Manager should ensure that the Contractor is instructed in the use of all materials that may have negative environmental (including health) effects; The Project Manager should ensure that if


Site Safety Plan Enforcement of Safety Rules EMP

Health and Safety records

500,000/= site During Construction






any material or substance is used that is at any point in the future deemed to be deleterious to health, and then it must be replaced with an acceptable alternative; The Project Manager should ensure strict safety management through close attention to design, work procedures, materials and equipment. Public sensitisation on safety issues around the project site should be adopted; JPIP implementation unit and the contractor should adopt strict construction practices to ensure safety of local communities and construction workers; The community should be notified in advance of possible activities that may cause disturbance. In addition, construction should follow a schedule, and the contractor must adhere to that schedule, so that the public can know when to expect disturbances; Warning/informative signs should be erected at the fence, indicating that construction works are in progress, and possible disruption to pedestrian or vehicular traffic. Signs should indicate when works are likely to begin and end, and what alternatives are available for access; Safety concerns, review incidents, and determine actions needed to implement job safety.

Visual Impacts The contractor shall implement the final landscape design (urban landscape) of the proposed facility after the construction

Project Engineer/ Contractor Judiciary

Records of site architectural concepts-

Site information and Site

Evidence of Records and samples;

Cost of Site Selection






of each phase; The contractor should build a temporary perimeter wall to avoid littering the sites near the project area.

Selection and Surveys

Evidence of landscaping.

Air Pollution Establish regular inspection program for equipment; Workers should be sensitized on management of air pollution from vehicles and machinery; Regular and thorough vehicular and equipment maintenance. Activities generating dust (excavation, handling and transport of soils) will be carried out in calm weather. The resident engineer shall suspend earthworks operations wherever visible dust is affecting communities near the work sites; The removal of vegetation shall be avoided until clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as it’s practically possible; Procedures to limit the drop height of falling materials (soil, sand and cement) should be adopted; A speed limit approved in the traffic management plan should be adopted; Enclose the construction site with a solid perimeter fence; Concrete mixer to be positioned away from existing buildings and access roads; Provide personal protective equipment including dust masks, eye goggles and coveralls.


Construction Management Plan Vehicle and Machinery Maintenance Plan

Review of vehicle machinery Maintenance Plan Execution Recorded complaints

Internal/self check Recorded noise levels exceeding 85 dBA for a continuous 8 hours exposure

50,000/= per month






Water Pollution Storage areas or secondary containment should be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; Waste from the sanitation facilities should be collected and transported by a licensed waste transporter; Oil and grease traps should be built where the contractor services/fuels his vehicles; All grey water runoff or uncontrolled discharges from the site/working areas (including wash-down areas) to the ocean should be contained and properly channelled; Install oil interceptors along the storm water drainage channels from the workshop; Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from construction site; Potential pollutants of any kind and in any form, shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered; Wash areas shall be placed and constructed in such a manner to ensure


Construction Management Plan EMP

Compliance with design facility operation records

Presence of functional Sewage disposal system.

200,000/= during Construction






that the surrounding areas (including surface water bodies) are not polluted; The contractor must act promptly on remedying any pollution incidents on site; and Storage areas or secondary containment should be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; Ensure compliance with the Water Act 2002 and the Water Quality Regulations.

Noise Pollution Use of ear protectors by workers when performing noisy operations; Recondition engine exhaust systems and engine tune-up; Establish inspection and a regular and thorough maintenance program for equipment; Post appropriate notices to warn drivers against unnecessary hooting of vehicles; Switch off engines or reduce idling time when not in use; Keep machinery covers and panels closed and well fitted. Bolts/fasteners done up tightly avoids rattles; The Contractor must confine activities between 8.00 am and 5.00 pm; Locate noisy machines like concrete mixers away from the main work areas.


Construction Management Plan Vehicle and Machinery Maintenance Plan

Review of vehicle machinery Maintenance Plan Execution Recorded complaints

Internal/self check Recorded noise levels exceeding 85 dBA for a continuous 8 hours exposure

50,000/= per month






Solid waste generation and disposal

Provide suitable and well labelled solid waste containers; Proper segregation of solid waste; Reduce generation of solid waste at the source; Reuse of top soil for landscaping of the site; Empty packaging materials like cartons and cement bags should be piled in a safe place and sold to waste paper recyclers; Other solid waste to be disposed at designated sites; Install oil interceptors along the storm water drainage channels; Provision of sanitary facilities for use by workers; The contractor should comply with the requirements of the OSHA Act 2007 and Building Rules on storage of construction materials. The Contractor must comply with NEMA waste management regulations


Construction Management Plan Waste Management Plan

Number of solid waste bins Waste Disposal records

Daily/Weeklycheck by Contractor and Judiciary

50,000/=per month

HIV and AIDS Develop and implement at HIV/AIDS Policy to promote awareness of HIV/AIDS and access to treatment. Employees contractors and subcontractors will be required to follow, and will be trained in, the Worker Code of Conduct which includes context specific guidelines on worker-community interactions, worker-worker interactions and alcohol and drug use. Employees, contractors, and subcontractors will be trained and


Site Health Plan Promotion of regular health training

During construction Records of sick persons

1,000,000/= per quarter.






educated to improve awareness of transmission routes and methods of prevention of sexually transmitted infections, communicable diseases and vector borne diseases, notably malaria, prior to working on the Project site. Other diseases will be covered as appropriate. Work with NGOs or the Ministry of Health to develop and implement a community sensitisation programme on HIV/AIDs and communicable diseases. Continue to implement a programme of stakeholder engagement including a grievance mechanism in communities in the Project Area. Provide all workers with primary health care and basic first aid at construction camps / worksites during construction and operation, in line with Kenyan legislation. Monitor health trends during Project construction (and operations) to be aware of and respond appropriately to any negative health trends that may be linked to the Project and its workers. Monitor the emergence of major pandemics/ epidemics through WHO alerts and in the event of a pandemic review Emergency Response Plans. Provide access to free condoms at all worker sites and accommodation. Implement measures to reduce the presence of standing water during construction through environmental controls and source reduction to avoid the creation of new breeding grounds.






Implement measures such as the installation of screens or nets on windows and at doors, in worker accommodation, office space and other buildings to reduce the potential for mosquito-human interactions.

Spread of communicable diseases.

Provide all workers with primary health care and basic first aid at construction camps / worksites during construction and operation, in line with Kenyan legislation. Monitor health trends during Project construction (and operations) to be aware of and respond appropriately to any negative health trends that may be linked to the Project and its workers. Monitor the emergence of major pandemics/ epidemics through WHO alerts and in the event of a pandemic review Emergency Response Plans. Provide access to free condoms at all worker sites and accommodation. Implement measures to reduce the presence of standing water during construction through environmental controls and source reduction to avoid the creation of new breeding grounds. Implement measures such as the installation of screens or nets on windows and at doors, in worker accommodation, office space and other buildings to reduce the potential for mosquito-human interactions.


Site Health Plan Promotion of regular health training

During construction Records of sick persons

500,000/= per quarter.

Resource consumption Recycle and reuse materials that can be

salvaged; Project Engineer/ Contractor

Bill of Quantities Records of Materials

Quantities Cost included in BOQ






Liaise with the local WRMA for permits to abstract water for construction to realise satisfactory management of water supply issues; Liaise with CG if there are any regulations on sand harvesting; Ensure provision of adequate water storage facilities on the construction site to meet project needs during periods of high demand externally and refill of storage tanks during periods of low demand (e.g. late at night); Monitor water consumption and utilisation in co-ordination with the building contractor through strict supervision of construction works involving water use; The Contractor should sensitise construction workers on the importance of proper water management; Obtain aggregates from licensed quarries and dealers.

Oil Spills Vehicle maintenance should be done on purpose-built impervious concrete platforms with oil and grease traps; Ensure that all equipment is in good condition, clean and free from leaks; Oil spill containment and clean-up equipment should be kept at the contractor's camp. Vehicle maintenance should be done on purpose-built impervious concrete platforms with oil and grease traps; Standard operating practices for refuelling mobile equipment such as a minimum 15m from any water channel should be


Spill Contingency Plan

Specified area allocated for maintenance of construction plant and equipment. Provision of proper contained facility constructed for storage of

Procedures for proper storage, handling and disposal of oil products Procedure for spill response and treatment of contaminated soil

500,000.00






practiced; Operator training is an important aspect of preventive approach and should be put into use before assignment or during duty; Ensure that all equipment is in good condition, clean and free from leaks; Oil spill containment and clean-up equipment should be kept at the contractor's camps.

oil and oil products.

Traffic disruption on adjacent roads

Obtain approval of the access road design from the local Nakuru Town Management Appropriate traffic warning signs instructing occupants and visitors to reduce speed, 'should be placed at the vicinity of the entrance to the site Security guards should be instructed to control traffic along the private road leading to the site and assist vehicles as they enter and exit the project site efficiently. Security guards should maintain a record of incidents and accidents at the site Contacts of emergency service providers including ambulance, breakdown recovery vehicle and traffic police, should be displayed at the main entrance area


Traffic control Traffic Management Plan

Presence of the Plan

No additional cost.


Table 8-2: Operation ESMP for the development of Nakuru County Law Courts Environmental / social aspect

Impact Recommended mitigation, monitoring and/ or management measure

Responsibility for implementation

Frequency of monitoring

Cost estimates (KES)

Improved Court infrastructure Improved judicial

performance; Decongestion of the court; Improved hygienic conditions of the court cells Improved handling of vulnerable group

Implement all the components of the JPIP; The building should be built to specification; Proper site planning to improve. Ensuring all the facilities are soundly maintained during operations to avoid decay.

Proponent Every six months

As per Operations & Maintenance Budget

Noise pollution High noise levels

affecting the nearby sensitive sites like government offices and schools

There should be no hooting within the court area; The generators should be maintained and serviced per manufacturers’ standards to ensure minimal vibrations & noise emissions;

Judiciary Undertake daily monitoring; Comply with NEMA Regulations and OSHA 2007.

As per Operations & Maintenance Budget


Additional demand for water and electricity

Straining of existing supply leading outages

Ensure quality assurance in electrical installation works; Install and regularly maintain portable fire extinguishers at suitable locations within each block; Development of fire emergency procedures and pinning them up in a place where all residents can access them; Designate and clearly label an emergency assembly point; and Clearly marking fire exits for each residential block.

Proponent

Monthly 50,000

Generations of solid and hazards wastes

Degradation of the environment which may lead to health and social impacts.

JPIP must include sound waste disposal methods like incinerator; The Court management must work with the County Government to ensure sound disposal method; The Court management should provide suitable and well labelled solid waste containers; The Court management should provide Proper segregation of solid waste; The Court management should encourage waste reduction at the source; Empty packaging materials like cartons should be piled in a safe place and sold to waste paper recyclers; Provision of sanitary facilities for use by the staff working at the court and provide sound disposal of the same; The Court management must understand and comply with the requirements of the OSHA Act 2007. The Court management must understand and comply with NEMA waste management regulations.

Judiciary

Monthly 150,000


Fire risks Fire risks during operation arise predominantly due to electrical and household works.

Ensure quality assurance in electrical installation works; Install and regularly maintain portable fire extinguishers at suitable locations within each block; Development of fire emergency procedures and pinning them up in a place where all residents can access them; Designate and clearly label an emergency assembly point; and Clearly marking fire exits for each residential block.

Judiciary Quarterly 500,000 (annually)

Increased surface runoff

Flooding, nuisance, erosion and blockage of drainage.

Construction of a cut off drain; and Paving the walkways only leaving space for green spaces to allow for natural filtration of water

Judiciary Quarterly 100,000 (annually)


Table 8-3: Decommissioning ESMP for the development of Nakuru County Law Courts Environmental / social aspect





Noise pollution

Activities likely to produce noise during decommissioning include cutting and demolition of structures.

Schedule noisy activities during the day time period only; Use silencers on noisy machines where possible; Ensure machinery is well maintained to reduce noise emitted Use of personal protective equipment by staff exposed to prolonged noisy conditions.

Contractor Weekly 200,000

Air/dust pollution

This is expected to result from demolishing of structures

Practice dust management techniques, including watering down dust; Minimise the period for machinery idling; Set up dust barriers/ screens at strategic locations; Provide and enforce the appropriate use of Personal Protective Equipment (PPE) against dust.

JPIP implementation Unit and Contractor

Weekly 370,000

Solid Waste It is expected that large amounts of solid waste material arising during demolition will include stone, wood, glass, metal, paper, plastic, equipment, vegetation, etc. The proper disposal of these materials is critical.

Disposal of solid waste in compliance with EMC (Waste Management) regulations 2006; Segregation of waste to encourage re-use and recycling where feasible; Ensuring that the contracted waste collector is registered with NEMA and KCG to collect and dispose wastes.

JPIP implementation Unit and Contractor

Weekly 700,000

Social impacts During operation of the property development, a variety of small business enterprises will be attracted to the area by the development, including cafes, fruit vendors, and petty traders, among others. These businesses will be

Provide earlier notice to all affected parties concerning the development

JPIP Implementation Unit

Once before decommissioning

No additional cost to preparation of decommissioning plan


Environmental / social aspect





lost/adversely affected during decommissioning

Occupational health and safety issues

Occupational Health and Safety hazards such as falling objects, open pits, sharp objects lying around, and dust may all be a health risk to construction workers. Risk of accidents and incidents will be heightened during the demolition activities as construction workers will be in direct contact with heavy machinery and equipment.

The Contractor should ensure registration of all workplaces by the Director, Directorate of Occupational Health and Safety (DOHSS) forming the basis of work statistics; The Contractor should ensure preparation and implementation of Site safety management plan. The contents of which should include: Identification, provision and enforcing use of

appropriate Personal Protective Equipment (PPE) for staff such as:

emergency procedures Training all staff on safety procedures; Designate and mark an emergency assembly

point on site; Maintain an incident/accident register, in

accordance with the Occupational Safety and Health Act 2007 and report incidences to the Directorate of Occupational Health and Safety Services (DOHSS).

The contractor must ensure that workers are not allowed to use equipment before receiving instructions;

The contractor must ensure that all workers vacate the premises before closure on a daily basis.

Contractor Weekly 800,000


8.5 Environmental and Social Monitoring The overall objective of environmental and social monitoring is to ensure that mitigation measures are implemented and that they are effective. Environmental and social monitoring will also enable response to new and developing issues of concern. Environmental monitoring is also carried out to ensure that all construction activities comply and adhere to environmental provisions and standard specifications, so that all mitigation measures are implemented. The contractor shall employ an officer responsible for implementation of social/environmental requirements. This person will maintain regular contact with JPIP implementation Unit Environmental Safeguards Officer and the Nakuru County Environmental Officers. The contractor and JPIP implementation Unit have responsibility to ensure that the proposed mitigation measures are properly implemented during the construction phase. The environmental monitoring program will operate through the pre-construction, construction, and operation phases. It will consist of a number of activities, each with a specific purpose with key indicators and criteria for significance assessment. Monitoring includes:

Visual observations; Selection of environmental parameters; Sampling and regular testing of these parameters. Periodic on-going monitoring will be required during the life of the Project and the level can be determined once the Project is operational.

Monitoring will be done in three fronts: Physical monitoring; Biological monitoring; and Social monitoring.

8.5.1 Internal monitoring

It is the responsibility of the JPIP implementation Unit to conduct regular internal monitoring of the project to verify the results of the Contractor and to audit direct implementation of environmental mitigation measures contained in the ESMMP and construction contract clauses for the Project. The objective of internal monitoring and audit will be: To find out any significant environmental hazards and their existing control systems in

place; Meeting the legal requirements as stipulated in the Environmental Management & Coordination Act, EMCA-2015 (Amended.)

8.5.2 External monitoring and evaluation

NEMA has the overall responsibility for issuing approval for the Project and ensuring that their environmental guidelines are followed during Project implementation. Its role therefore is to review environmental monitoring and environmental compliance documentation submitted by the implementing authorities and they would not normally be directly involved in monitoring the Project unless some specific major environmental issue arose. JPIP implementation Unit through the consultant will therefore provide NEMA with reports on environmental compliance during implementation as part of their progress reports and annual


environmental auditing reports. Depending on the implementation status of environmentally sensitive project activities, NEMA will perform annual environmental reviews in which environmental concerns raised by the project will be reviewed alongside project implementation.

8.5.3 Monitoring during construction and operation Not all impacts on the environment can be foreseen during the design and construction phases. For this reason, it is proposed that a component of environmental monitoring and auditing be included in both the construction and operation phases of the Projects. During the construction phase, it is particularly important to ensure that all the features of the designs as presented in the design reports and drawings are implemented. Environmental and social monitoring during construction and operation helps to predict unforeseen environmental and social impacts and allows measures to prevent or avert adverse impacts to be developed or introduced in a timely manner. During the construction and operation phase, monitoring will be undertaken to ensure that proposed mitigation measures for negative impacts and enhancement measures for positive impacts are implemented.

8.5.4 Grievance Redress Mechanism Any disputes or disagreements between role players on the site (with regard to environmental and social management) will be referred to the JPIP PMU. A worker and community grievance procedure will be implemented which will ensure fair and prompt resolution of problems arising from the Project. The grievance procedures will be underpinned by the following principles and commitments:

Implementation of a transparent grievance procedure, and dissemination of key

information to directly impacted stakeholders; Implementation and maintenance of a complaints register; Seek to resolve all grievances timeously; and Maintenance of full written records of each grievance case and the associated process of resolution and outcome for transparent, external reporting.

The responsibility for resolution of grievances will lie with JPIP PMU. This Chapter details the procedure that will be followed by the Contractor for processing and addressing of community and environmental grievances during the construction of the Law Court. Step 1: Receiving and Reviewing Grievances To begin the Grievance procedure process, a grievance form must be submitted formally

to the Contractors by the grievant. To formally register a grievance, the grievance form provided must be filled out; Completed grievance forms collected by the Contractors representative must be forwarded to the Supervising Consultant upon receiving, as soon as possible; On receipt of the grievance form, the Contractors representative and the Supervising Consultant will record the details of the grievance form into the grievance registry and ensure that the appropriate authorities such as the JPIP PMU have received copies of the grievance form; The Supervising Consultant and the Contractors representative then review all grievance forms for completeness of information.

Step 2: Grievance Response Development The contractor will develop a formal written response within 7 days of the date on which

the grievance form was recorded in the grievance registry.


The verbal and written grievance response will be provided to the grievant. The reasons for the response will be explained to the grievant. If the grievant accepts the Contractors’ formal response, this decision will be documented with the grievant signature on the grievance response form, and then the grievance response form will be returned to the Supervising Consultant for recording into the grievance registry. If the grievant rejects formal response, the Supervising Consultant will have to inform the JPIP PMU. This grievance will then have to go through a second review process to review the merits of the rejection and determine whether other avenues could be approached by the JPIP PMU together with the grievant, such as third-party conciliation or consultation with community or other appropriate stakeholder groups. During this second review process either another formal written response will be provided to the grievant in 14 days or it may be decided to hold a meeting with contractor and the grievant. Formal notes documenting the meeting will be issued and signed by the attending representatives. The outcomes of this meeting will be recorded, and if agreement is reached between the contractor and the grievant, the agreement will be captured on the grievance form with signature of the grievant. If no agreement can be reached, then the grievant can pursue other avenues (such as administrative or legal) at his/her discretion.

Step 3: Completing Actions, Grievance Closeout & Community Feedback Following the completion of action specified in the grievance response form, photos and/or

other documentary evidence will be collected by the Supervising Consultant to form a comprehensive record of the grievance and how it was resolved. Where the formal written response identified action that needed to be taken to resolve the grievance, the grievant will confirm the work has been completed by signing the grievance response. If no agreement can be reached with the grievant, the Supervising Consultant will record the rationale and close-out decision into the grievance registry. The Supervising Consultant will prepare on a quarterly basis a summary grievance report to determine if there are any recurring grievances that point to a need for changes in contractor’s policies, procedures or activities. The Supervising Consultant will periodically review the adequacy of the grievance process procedure and agree modifications following consultation with JPIP PMU. The purpose of this review is to determine if there are any recurring grievances that point to a need for changes in contractors or activities.


9 CONCLUSION AND RECOMMENDATIONS The demand for improved judicial courts infrastructure in Kenya by far outstrips supply. Problems of access to courts are compounded by their physical distance for many Kenyans, such that physical difficulties and travel costs alone prohibit access to the formal justice system. The court houses and associated facilities (also referred to as project area) that are proposed to be constructed are expected to generate environmental and social impacts that require mitigation. The project poses no significant threat to the environmental aspects of the project area. The predicted negative environmental impacts from the implementation of the proposed Nakuru law Courts can be readily mitigated with implementation of the measures designed in this report. The following recommendations are made with respect to the project: All the required approvals are sought before commencement; The Contractor hires competent staff to supervise the implementation of this report The construction of the law Court should utilise the locally available labour and

materials; Ensure the reported sentiments expressed by the community are integrated in the implemented plan of the project, especially where aspects of social interest are concerned; JPIP implementation Unit and the contractor should rehabilitate all sites that are used for construction activities such as sites for storage of materials and any access that may be established during the construction phase; Minimal clearing and disruption of vegetation within the proposed site; Movement of heavy construction traffic should be planned appropriately through formulation and implementation of construction phase traffic management plan; Provide safety warnings for workers and the general public during construction; and ensure adherence to OSHA, 2007 provisions; Uphold the needs of a sustainable project development to ensure minimum impacts are transferred to the environment throughout its life cycle. This can be adequately achieved by involving other government department for technical advice e.g. Social Service, Water, health, Environment


10 REFERENCES Environment Management and Co-ordination Act, 1999. Legal Notice No. 101 of June 2003. In: Kenya Gazette Supplement No. 56 of 13th June 2003. FAO (Food and Agriculture Organization of the United Nations), 1995: Environmental Impact Assessment of Irrigation and Drainage Project. FAO Irrigation and Drainage Paper No. 53. FAO Hqs, Rome Italy. Local Government Act Cap 265. Town Planning Act Cap 134. Public Health Act Cap 242 GoK, 1988: Rainfall Frequency Atlas of Kenya. GoK, 2003: Economic Recovery Strategy for Wealth and Employment Creation. 2003-2007 Kenya Meteorological Department Technical Memorandum No. 24, 1977. - Monthly Distribution of Water Balance components in Kenya. World Bank (The), 1999: Operation Manual OP 4.01: Operational Policies. World Bank’s Operation Manual Annex A. The WB HQs, Washington DC.


11 APPENDICES Appendix 1: Sample questionnaire used for interviews Appendix 2: Drawings of the proposed court

Documents

ESIAESIA PROJECT REPORT PROJECT REPORTdocuments.worldbank.org/curated/en/... · ESIAESIA PROJECT REPORT PROJECT REPORT SFG3691 V12 Public Disclosure Authorized Public Disclosure Authorized