Preliminary Study Report for Grant Aid Project

Transcription

1 Preliminary Study Report for Grant Aid Project 1. Title of the ooperation Project and Name of the Project Proponent The Project for Improvement of Water Supply System in Embu and the Surrounding Areas in the Republic of Kenya efore the Preliminary Study started, Kenyan side requested to include sewerage system improvement as well as water supply in the proposed project and the title of the project was the Project for Improvement of Embu Water Supply and Sanitation in the Republic of Kenya. However, as the result of discussion and field survey in the project areas, JIA Preliminary Study Team and the Kenyan side agreed that the requested components were focused only on the water supply system. 2. ategorization and its reason 2.1 ategorization: ategory 2.2 Reason (1) Several adverse impacts are expected due to the project for improvement of water supply system in planning, construction and operation phase on environmental items such as land acquisition and involuntary resettlement, land use and utilization of local resources, water rights, water pollution, waste, etc. (2) In the Second Schedule of the Environmental Management and o-ordination Act, 1999 (EMA) Projects to undergo EIA are specified for plans of developments and activities for the project in relation to water transport, water distribution systems and water resources development. Thus the proposed project is required to be subject to EIA. 3. Outline of the Location (Maps, Environmental and Social ondition, Problems and so on) 3.1 The Project areas Planned water service areas are composed of following Divisions and Municipality: (1) Embu District: Embu Municipality and a part of Nembure Division (2) Mbeere District: Gachoka Division However, in view of Environmental and Social onsiderations, the Project areas correspond to not only planned water service areas but also the areas where all the project activities including water intake, water treatment bring about and may cause some impacts. Thus, in addition to the above areas, Manyatta Division of Embu District and Siakago Division of Mbeere District should be included. Therefore the Project areas are composed of both Embu District (Manyatta Division, Embu Municipality and Nembure Division) and Mbeere District (Gachoka Division and Siakago Division) in Eastern Province as shown in Figure 1, 2 and 3. 1

2 Figure 1 Map of the Project area Figure 2 Map of Embu District Figure 3 Map of Mbeere District 3.2 Embu District Embu District lies between latitudes 0 8 and 0 35 south and longitudes and east. It occupies a total of 729km 2. (1) Topographic and natural conditions Highlands (higher than 1,500m above sea level) and midlands (1,200m to 1,500m above sea level) and other topographical features like hills and valleys typical of Kenya s Eastern Highlands characterize the landscape of the District. Highlands cover parts of Manyatta Division and midlands dominate most areas of Embu Municipality and part of Nembure Division. Four major rivers, namely Rupingazi, Thuci, Kii and Ena, all following a southeast direction, drain the District. Annual rainfall averages 1,500 mm and the rainfall is bimodal with two distinct rainy seasons. The long rains fall between March and June while the short rains come in October to December. Temperature range from 12 in July to a maximum 0f 27.1 in March with a mean of The physical features along with the climatic conditions create a very favorable environment for growing high value crops like coffee, tea and pyrethrum. Other crops are maize, beans, cereals and horticultural crops such as cabbages, potatoes, avocadoes etc. 2

3 (2) Settlement patterns Out of the total area, about 70% is cultivable, while 30% is occupied by forest. In general, the District is characterized by a rural settlement pattern except central town area of Embu Municipality. According to the 1999 Population and Housing ensus, the District had a population of 278,196 and a population growth rate of 1.7%. 3.3 Mbeere District Mbeere district lies between latitudes 0 20 and 0 50 south and longitudes and east. It occupies a total of 2,092km 2. (1) Topographic and natural conditions The District slopes from the northwest to southwest direction. Its altitude ranges from 500m on the Tana River basin to 1,200m above sea level. The sloppy nature of the district causes transportation problems more specifically during rainy seasons where roads are virtually impassable due to the slippery terrain and numerous gullies formed by run off water on the steep sides of the hills and valleys. Five major rivers are namely Tana, Rupingazi, Thiba, Thuci and Ena. The District has a bimodal pattern of rainfall similar to that of Embu District and the temperatures ranges from 20 to 32. Annual average rainfall is about 550mm which enables the cultivation of cash crops like tobacco and cotton, and livestock farming is also a significant economic activity. (2) Settlement patterns The District had a population of 278,196 and a population growth rate of 2.3% in The District is sparsely populated with majority of the population concentrated around major market centers like Gachoka, Kiritiri. Gachoka is the least populated in the District with 79 persons per km2. Generally the District is an arid and semi-arid area and the majority of the population is poor, with about 60% of its population living below poverty line. 3.4 Population and area of the Project area According to the estimation by District Development Plan ( ), the Project area had a population of 292,323 people in Out of that, the population of areas corresponding to Embu District and Mbeere District contribute about 64% and 36%, respectively as shown in Table 1. In the Project area, Embu Municipality has the smallest area of 70.6km 2 and the highest population density of 706persons/km 2, while Gachoka Division has the largest area of 800.3km 2 and the lowest population density of 83persons/km 2. 3

4 District Embu Table 1 Area, population and population density in the Project area Division Area Population Area (km 2 ) (%) Population (2001) (%) Population density (person/km 2 ) Manyatta , Nembure , Embu Municipality , Mbeere Sub-total , Gachoka , Siakago , Sub-total , Total , Note 1: Formerly entral Division Note 2: Projected population based on 1989 Population ensus. Division-wise data based on 1999 ensus were not available. Source: 1) Embu District Development Plan ( ) and ( ), 2) Mbeere District Development Plan ( ) and ( ) 3.5 Major problems in the Project area According to the Embu Municipality Local Physical Development Plan, the followings are major problems to ensure the Municipality environmentally habitable, economically viable and socially acceptable: (i) Inadequate water supply (potable water), (ii) Poor road conditions and networks, (iii) Uncontrolled development, (iv) Inadequate sewerage coverage, (v) Insecurity, (vi) Inadequate social infrastructure, (vii) Environmental degradation (solid waste management, regular solid waste collection and land proper management of disposal site) Municipal ouncil of Embu and Provincial Physical Planning Team of the Ministry of Lands & Housing (2005): Embu Municipality Local Physical Development Plan (Long term) The above mentioned problems are also found in common with other Project area. 4. Legal framework of Environmental and Social onsiderations (Laws and regulations, Projects subject to EIA, Procedures, Information Disclosure and Stakeholder Participation) 4.1 Laws and regulations Environmental Management and onservation (in general) - The onstitution of Kenya - Environmental Management and o-ordination Act, 1999 (EMA) - Water Act, Wildlife (onservation and Management) Act, Forests Act, Lakes and Rivers Act, Public Health Act, Occupational Safety and Health Act, Local Government Act, etc. 4

5 4.1.2 Environmental Regulation and Standards - Environmental Management and oordination (Water Quality) Regulations, Environmental Management and oordination (Waste Management) Regulations, Environmental Impact Assessment - Environmental Management and o-ordination Act, 1999 (EMA) - Environmental (Impact Assessment and Audit) regulations, 2003 (EIARR) - Environmental Impact Assessment Guidelines and Administrative Procedures (draft) Land tenure and land use - Land ontrol Act, Government Land Act, Registration of Titles Act, Registered Land Act, Trust Land Act, Physical Planning Act, Land Acquisition Act, Wayleaves Act, etc. 4.2 Projects subject to EIA In the Second Schedule of the EMA Projects to undergo EIA are specified for plans of developments and activities for 15 sectors. Among them an EIA is required for the project of water transport, presumably water distribution systems and water resources development. 4.3 Procedures and requirements for Environmental Assessment According to the EIAAR, the project proponent should obtain the Environmental Impact Assessment (EIA) License from the National Environment Authority (NEMA) through two steps. The first step is by applying a Project Report to the NEMA. The second step is by conducting EIA Study and by submitting an EIA Study Report to the NEMA, if the NEMA is not satisfied with the result of the Project Report. EIA studies and reports required under the EMA shall be conducted or prepared respectively by individual experts or a firm of experts authorized in that behalf by the NEMA. The general procedures in both steps are shown in Figure 4. 5

6 Process of applying and obtaining Environment Approval Plan of the Project (Activities, Programmes) Proponen t NEMA Lead ertified Agency EIA (Ministry Expert etc.) Scoping process (like IEE) Making "Project Report (PR)" Submit PR to NEMA (Within 45 days) Review & omment Decision of Approval (1) (Yes) (No) Approval (Environment Licence) To implement the Project Plan Initial Environmental Audit Self Environmental Audit Full EIA is required (Agree) (Disagree) Appeal to Environment Tribunal onduct EIA Study Public onsultation Submit EIA Study Report to NEMA Review & omment (Within 3 months) Public Hearing Decision of Approval (2) (No) (Yes) (Agree) EIA Licence To implement the Project Plan Redesign EIA or Project Plan (Disagree) Appeal to Environment Tribunal Initial Environmental Audit Self Environmental Audit Note1: asically information disclosure and public partcipation are required for entrire process. Note2: Mostly involved organizations Note 3: In terms of calendar days/months from receiving PR or EIA Study Report Figure 4 Procedure of Obtaining EIA License 6

7 4.4 ompetent Agency ompetent agency to evaluate, review the Project Report and the EIA Study Report and issue EIA License is National Environment Management Authority (NEMA). It was established under the EMA as the principal agency of government in all matters of environmental management and a parastatal of the Ministry of Environment and Mineral Resources as shown in Table 5. Ministry of Environment and Mineral Resources National Environment Management Authority (NEMA) Directorate Finance & Administration Department Planning & Research Department Environmental Education & Awareness Department ompliance & Enforcement Department oastal, Marine and Freshwater Subdepartment Provincial Director of Environment District Director of Environment Source: Result of an interview and NEMA website. Figure 5 Organization chart of National Environment Management Authority (NEMA) 4-5 Information Disclosure and Public Participation According to the EIAAR, the public consultation is a pre-requisite to all the projects to provide different stakeholders with an opportunity to raise their concerns from the project scoping stage to the approval of EIA License. Provision of intense public participation and consultation has been made mandatory for EIA through public consulting during scoping and public hearing after draft report preparation. Such participation of the related stakeholders takes place through entire period of preparation and reviewing of both the Project Report and EIA Study Report 5. Outline of relevant Agency and Institution which implement Project, EIA so on. 5.1 Name of the Project Proponent -The Responsible Agency (Lead Agency) is the Ministry of Water and Irrigation (MWI). -The Implementing Agencies (Proponent) are the Tana Water Service oard (TWS) and Embu Water and Sanitation ompany Ltd. (EWASO).TWAS is in charge of coordinating the project and EWASO is in charge of operation and maintenance of the facilities to be conducted under the Project. 7

8 AUDIT OMMITTEE OARD OF DIRETORS EO INTERNAL AUDITOR EXEUTIVE SERETARY FINANE AND ADMINISTRATION MANAGER TEHNIAL SERVIES MANAGER PULI RELATIONS & ORPORATE PLANNING MANAGER Figure 6 Organization hart of Implementation Agency (TWS) OARD OF DIRETORS MANAGING DIRETOR FINANE/ADMINISTRATION MANAGER TEHNIAL MANAGER (vacant) INTERNAL OMPANY FINANE MANAGER AUDITOR SERETARY OPERATIONS MANAGER PLANNING MANAGER (vacant) DEPUTY FIN. MANAGER PROUREMENT SYSTEMS HUMAN RESOURE (AOUNTS) MANAGER ADMINISTRATOR ADMINISTRATOR (vacant) WATER DIST ENG. ASSISTANT SUPERINTENDENT QUALITY AS. OFF. AST FINANE MAN. PROUREMENT AST. SYSTEMS OMMUNITY WORKER TEHNIIAN 1 REVENUE OFFIER ADMINISTRATOR & USTOMER ARE ENTRAL DIV (vacant for community worker) TEH 1 PRODUTION REVENUE AST. A EXPENDITURE AST. A ILLING SUPERVISOR OFFIE ASSISTANT ENTRAL DIVISION TEH. 2 GAHOKA DIV. RAPID RESP TEAM TEH. 2 ONSTRUTION TEH 2 METERING TEH 2 PRODUTION TEH. 2 SEWAGE (vacant) (vacant) AOUNTS LERK 1 AOUNTS LERK 1 STORES LERK 1 METER READER SUP ILLING LERK 1 DRIVER & SEURITY OFFIER ARTISAN 1 ARTISAN 1 ARTISAN 1 ARTISAN 1 ARTISAN 1 OPERATOR 1 SEWAGE OPERATOR1 AOUNTS LERK 2 AOUNTS LERK 2 STORES LERK 2 ILLING LERK 2 METER READERS DRIVERS ARTISAN 2 ARTISAN 2 ARTISAN 2 ARTISAN 2 ARTISAN 2 OPERATOR 2 SEWAGE OPERATOR 2 (vacant) ARTISAN 3 ARTISAN 3 ARTISAN 3 HEMIAL ATTENDANT SEWAGE ATTENDANT MESSENGER ATTENDANT ATTENDANT ATTENDANT Dept. & sections related to the Project Figure 7 Organization hart of EWASO 6. Outline of the Project and Analysis of Alternatives 6.1 Outline of the Project The objective of the proposed Project is to improve the water supply conditions in Embu ity and the surrounding areas through the construction and operation of water supply and related facilities. Proposed water supply and related facilities relevant to the Project are as follows. (1) New intake facility for water from Rupingazi River. (2) New water supply facilities with capacity of 11,000m 3 /day at the place close to existing Mukangu water supply facilities. (3) New water storage facilities with a combined capacity of 11,000m3/day at existing Kangaru water supply facilities. (4) Weather-drying bed of sludge generated from water treatment processes. (5) onveyance, transmission and distribution water pipelines (main and branch) under the ground (6) Pressure breaking tanks and pressure reducing valves Activities for the Project are shown in Table 2. 8

9 Table 2 Activities for the Projects Phase Planning Phase Activities for the Projects Land acquisition and/or involuntary resettlement hange of plan for use of lands and local resources Extraction and transportation of construction materials from quarries and borrow pits Engineering works for earthmoving, cutting and filling Operation of construction plants, machines and vehicles onstruction Phase Installation of plants, warehouse and worker's camps onstruction of weir and related facilities for river water intake onstruction work of water treatment plant and related facilities onstruction of water storage tank onstruction of conveyance, transmission and distribution pipelines (main and branched) Operation Phase Operation of water supply and related facilities and provision of tap/portable water Space occupancy of water supply and related facilities 6.2 Examination of Alternatives No project (without the Project) Lack of a reliable, safe and sufficient water service in the Project area is one of the main obstacles to ensure the area to be sustainable, i.e., environmentally habitable, economically viable and socially acceptable. Therefore, without the Project, water supply, one of essential and urgently required basic infrastructures, will not be realized and problems such as lack of drinking water, prevailing water-bone diseases, hard work load of women and children for water collection are left unsolved and worsened. onsequently, development of the Project area will be delayed significantly Implementation of the Project Provision of safe water supply is one of the top priority issues based on the Goal for 2012 of the 1 st Interim Plan (2012) of the Vision 2030 and the Embu Municipality is one of the most prioritized areas among over 200 urban centers. New water supply project will bring about easy access to safe and sufficient amount of drinking water to people in unserved area. In addition, beneficial impacts are expected on local economy; (a) creation of employment opportunity for public works during construction, (b) Easier access to drinking water will contribute to the reduction of burden of women and children to collect water and improvement of livelihood, and (c) Reduction of outbreak of water-borne diseases. 9

10 6.2.3 Alternative sites for water intake from Rupingazi River The Kenyan side proposed three points of the new water intake which are located upstream of existing Mukangu intakes as shown in Figure 1. ased on site survey, the upper two of the proposed points (No.1 and No.2) are inappropriate for the intake in view of difficulties in construction, future operation & maintenance and environmental conservation of forest and wildlife reserve area, and lower one (No.3) is a possible site. In addition, the Team proposed improvement of existing Mukangu intake as one of alternative (No.4). Finally two options of water intake point (No.3 and No.4) were selected as candidate sites for water intake and subjected to further examination at asic Design stage Water abstraction from other water resources other than Rupingazi River (1) Abstraction of Kapingazi River water Kapingazi River flowing east area of Embu ity is a tributary and the river water is mostly used for irrigation, is considered as other source for Embu water supply. However, water of Kapingazi River is polluted and has higher turbidity. Thus more extensive sedimentation and filtration process is necessary for use of domestic water supply. In addition, the water treatment plant constructed about 60 years ago is too old for work. Therefore, considerable rehabilitation and extension of the facility is required and it will also be necessary to secure additional land and water right. (2) Groundwater Although data on groundwater source is few, groundwater is thought to be not suitable to satisfy water supply demand of the Project area in both water capacity and water quality. 7. Adverse Environmental and Social Impacts Envisioned adverse environmental and social impacts due to the Project are identified, predicted and evaluated with rating for 31 items of social environment, natural environment and environmental pollution according to the scoping procedure of JIA Guidelines for Environmental and Social onsiderations, and summarized in Table 3. The project is classified as category according to categorization of the JIA Guidelines because some adverse impacts are expected for environmental items of Involuntary resettlement (and/or Land Acquisition), Land use and utilization of local resources, Water rights, Water Pollution, Waste etc. 10

11 Social Environment Natural Environment Environmental Pollution Table 3 Result of Scoping Environmental Items Rating Reasons Involuntary Resettlement (and/or Land Acquisition) Local economy such as employment and livelihood etc. Land use and utilization of local resources Social institutions such as social infrastructure and local decision-making institutions Existing social infrastructures and services The poor, indigenous of ethnic people Misdistribution of benefit and damage 8 Local conflict of interests 9 ultural property and heritage 10 Fishing Rights, Water Rights and Rights of ommon 11 Public health and Sanitation Infectious diseases such as HIV/AIDS Hazard (cyclone, high waves, drainage patterns) 1) Land acquisition and involuntary resettlement are expected for the site of water supply and related facilities, 2) In some part of the water service area license of wayleaves and/or easement are required to secure carrying pipelines of conveyance, transmission and distribution under the land. eneficial impacts such as creation of employment opportunity for public works during construction and easier access to drinking water. However, extent of adverse impact is unknown at the present stage. Additional share of the water rights to Rupingazi River for increase in amount of water supply. There is little information on social institutions which often represent opinion of people in unserved area about requirement and acceptability of water supply. Water supply is an infrastructure urgently required and basic human needs. Easier access to safe drinking water may result in reduction of work load of water drawing by women and children. Little information about vulnerable group such as the poor, women and children, who have hard work load to draw drinking water. There is some possibility of misdistribution of benefit and damage depending on the procedures such as priority of water service and route selection of distribution network. There is some possibility of local conflict depending on the procedures such as priority of water service and route selection of distribution network. There are many churches which are spiritual places of communities in the project area, although the property value is not so precious. 1) Additional share of water rights to Rupingazi River is necessary. 2) No information on fishing rights. Supply of safe drinking water will contribute to health and sanitation situation, resulting in reduction of water-bone diseases. However, extent of adverse impact is unknown due to construction work. During construction stage some possibility of infection with HIV/AIDS and venereal disease at worker's camp. Steep hills and valleys characterize the Embu District and poor drainages are typical of Mbeere District. Thus flash flood and inundation are common during rainy season. However, extent of impact is unknown at the present stage. 14 Accidents (Risk) Some possibility of increase in accidents due to construction work. 15 Topography and Geology No anticipated major infrastructure development or reclamation. However, extent of impact is unknown at the present stage. 16 Soil erosion Steep hills and valleys which characterize the some part of the Project area, are susceptible to soil erosion. However, extent of impact is unknown at the present stage. 17 Groundwater No anticipated exploitation of groundwater. However, little information on groundwater conditions at the present stage. 18 River water flow of Rupingazi river likely to be decreased somewhat due to increase in Movement of water abstraction from the river, especially in low flow conditions during dry season. water/hydrological situation However, extent of impact is unknown at the present stage. 19 oastal zone D The Project area is not located in coastal zone. 20 Flora, Fauna and iodiversity 21 Landscape No rare, endangered or endemic terrestrial plant species and no special vegetation were observed during the site visit. However, extent of impact is unknown at the present stage. Sites for water supply facilities are mostly surrounded by farmland and pipelines are buried in the ground. However, extent of impact is unknown at the present stage. 22 Meteorology D No anticipated major infrastructure development and reclamation. 23 Global Warming D Generation of greenhouse gases from vehicles and other sources are expected to be negligible. 24 Air pollution Emission of air pollutants from vehicles and equipments during construction phase. 25 Water pollution 1) Generation of wastewater and sludge from water treatment plant, 2) Generation of wastewater from construction work and worker' camps. 26 Soil contamination Some possibility of penetration waste and wastewater containing toxic chemicals to soil during construction phase and in operation phase. 27 ottom sediment Some possibility of spilling waste and wastewater containing toxic chemicals into river and ponds during construction phase and in operation phase. 28 Waste (1)Generation of spoil and construction waste during construction phase at quarry, borrow pits and cement plant, worker's camp, etc. (2) Generation of sludge from water treatment plants in operation phase. 29 Noise and Vibration (1)Generation of noise and vibration from construction machines and vehicles during construction, (2) Generation of noise and vibration from water treatment plant in operation phase. 30 Ground Subsidence No anticipated major earth moving or reclamation. However, extent of impact is unknown at the present stage. 31 Offensive odor Generation of chlorine gas vapor from disinfection process of water treatment plant is expected. Note 1: Environmental items in the scoping matrix is prepared based on the JIA Guidelines for Environmental and Social onsiderations (2004.4) with some modifications as refer to the JIA Guidelines on Environmental onsideration VII Sewerage, IX Water Supply (JIA, ) Note 2: Regarding the impacts on "Gender" and "hildren's Right" might be related to all criteria (items) of Social Environment Note 3: Rating; In general, both beneficial and adverse impacts are expected due to the project activities. However, adverse impacts only are the subject of considerations according to the JIA Guidelines. A-Serious impact is expected, - Some impact is expected, - Extent of impact is unknown or not clear (Further examination is needed. It should be taken into consideration that impacts may become clear as study progresses. ), D- Negligible or No impact is expected. IEE/EIA is not necessary. 11

12 8. Mitigation and Monitoring for Key Impacts The above mentioned envisioned adverse impacts should be fully taken into considerations to conduct further necessary baseline survey and examine the mitigation measures including avoidance and monitoring as much as possible as shown in Table 4. aseline survey will be done to make further understanding of existing environment and the effects caused by the project activities. Mitigation measures will minimize the adverse impact to an acceptable level through the planning, construction and operation phases. Monitoring is required to ensure that the specified mitigation measures are properly carried out through construction and operation phases. Table 4 Necessary baseline survey and mitigation measures and monitoring Environment item Rating Necessary baseline study Envisioned mitigation measures and monitoring Social Environment Involuntary Resettlement (and/or Land Acquisition) Local economy such as employment and livelihood etc. Land use and utilization of local resources Social institutions such as social infrastructure and local decision-making institutions Existing social infrastructures and services The poor, indigenous of ethnic people Misdistribution of benefit and damage 8 Local conflict of interests ultural property and heritage Water usage or Water rights and Rights of ommon Public health and Sanitation Infectious diseases such as HIV/AIDS Hazard (cyclone, high waves, drainage patterns) 14 Accidents 1) Survey on living condition, livelihood of project affected people (PAPs) and structure of the community due to land occupancy by water supply facilities. 2) Examine procedure and condition of land acquisition and involuntary resettlement based on both relevant laws in Kenya and JIA guidelines. Survey on present employment condition and sources of income/livelihood in the Project area. Survey on existing land & resources use and regulation. Survey on community structures, procedure of decision-making and opinion leaders relevant to water supply in the Project area. Survey on present situation and urgent needs of social infrastructures and services in relation to water supply in the Project area. 1) Survey on living conditions and water supply needs of vulnerable social groups such as the poor, women and children and indigenous ethnic people in the Project area. Survey on past experiences and causes which may give rise to the misdistribution of benefit and damage in the communities. Survey on the causes and solutions of local conflicts of interests in the Project area. Inventory survey on cultural, historical and religious property in the Project area. Survey on water rights, fishing rights and rights of common in the Project area. Survey on public health including prevalence and cause of water-borne diseases, and sanitary condition in the Project area. Survey on existing cases and cause of HIV/AIDS in the Project area. Survey on flash water, flood and inundation during rainy season ollect and analyze accidents data due to construction work. 1) Re-examine the plan to avoid and/or minimize the occurrence of land acquisition and involuntary resettlement, 2) Sufficient compensation should be provided to Project Affected Peoples (PAPs) based on not only Kenyan laws but also JIA guidelines, if land acquisition is unavoidable, 3) Relocated area should be selected by taking into account the PAPs, 4) Restoring living condition and livelihood after resettlement, 5) From early stage of the plan, provide adequate information to PAPs and consult with stakeholders including PAPs to make agreement or thorough understanding of the issues as much as possible, 6)If there is any difference of involuntary resettlement policy between Government of Kenya and JIA, that of JIA should be fully considered. 1) Promote cooperation with other District development projects, 2) Give local residents preference to have a chance to construction work. 1) Promote an adequate land and water resource development plan, 2) Manage compatible use of Rupingazi river for water supply and fishery activities. Information disclosure and public participation should be fully considered for all the stakeholders from early stage of planning for obtaining thorough understanding and consensus of the people and communities. Promote cooperation with other District development plan of other social infrastructure and services. If the poor and indigenous of ethnic people are expected to become PAPs, their rights in relation to land and resources must be respected and efforts should be made to obtain the consent of them with fully considerations to compensate properly or support to restore the present living condition. onsultation with stakeholders including PAPs and community organization, should be planned from early stage to obtain understanding and consent among the stakeholders in order to share equal benefit and damage. onsultation with stakeholders including PAPs and community organization, should be planned from early stage to obtain understanding and consent among the stakeholders in order to avoid or minimize local conflict of interests. 1) Avoid the route close to the cultural and historical property in the plan, 2)Promote campaign for protection of cultural property and heritage. Promote participation of those who have the rights and making consent to additional abstraction of Rupingazi river water in the course of the stakeholder meeting. In addition of the proposed water supply project, to promote public sewer system which covers the entire area for improvement of sanitary conditions.. 1) Monitoring cases of HIV/AIDS before and after the construction phase, 2) Enlightenment and campaign of prevention and cure of HIV/AIDS. Suitable planning and management of construction work and operation of water supply facilities to prevent and minimize the hazard and disasters. Suitable planning and management of construction work and operation of water supply facilities to prevent and minimize the accidents. 12

13 Environment item Rating Necessary baseline study Envisioned mitigation measures and monitoring Natural Environment Environmental Pollution 15 Topography and Geology 16 Soil erosion 17 Groundwater 18 Hydrological situation/drainage pattern 19 oastal zone D 20 Fauna, Flora and iodiversity 21 Landscape 22 Meteorology D 23 Global Warming D 24 Air pollution 25 Water pollution 26 Soil contamination 27 ottom sediment 28 Waste 29 Noise and Vibration 30 Ground Subsidence 31 Offensive odour 1) Survey on the area of unstable ground conditions, 2) Detailed survey on ground conditions (stability, strength, etc.) of sites for water supply facilities. Survey on the area of susceptible to soil erosion Detailed survey on groundwater (capacity, quality, aquifer materials etc.) Detailed survey on hydrological features of the Rupingazi rivers and streams (flow rate, water level, water quality etc.). Detailed survey on protected and/or precious plant and animal species in the Project area. Survey on important landscape in the Project area. 1) Inventory survey on major air pollution sources, 2) ollect data of complaint about air pollution 1) Inventory survey on major water pollution sources along Rupingazi river, 2) Survey on water quality of Rupingazi rivers and streams in both dry and rainy season. Survey on present situation of soil contamination in the Project area. Survey on present situation of bottom sediment pollution in the Project area. 1) Survey on present situation and institutional structures of waste management system in the Project area, 2) Establish proper management system of waste during construction stage, 3) Estimation of sludge generation from water treatment plant. 1) Inventory survey on source of noise and vibration, 2) ollect data of complaint about noise and vibration. Survey on complaint on ground subsidence in the Project area Survey on complaint on offensive odour in the Project area. 1) Avoid the area of unstable ground conditions, 2) Measures for prevention of landslide at the construction site 1) Avoid the site of susceptible to soil erosion, 2) Measures for prevention of soil erosion at construction site. Measures to prevent penetration of polluted water to underground. Monitoring water flow and quality of Rupingazi rivers. Formulate environmental management plan for conservation of natural environment in the Project area. 1) Regulation to preserve important landscape, 2) Measure for greening water supply facilities to harmonize surrounding landscape. ontrol of emission of air pollutants (dust, NOx etc.) from construction machines and vehicles due to construction work. 1) Proper treatment of water pollutants generated from construction work to comply with water quality regulation, 2) Proper treatment of wastewater and sludge from water treatment plant in operation phase, 3) Water quality monitoring of Rupingazi river. 1) Prevent to accumulate of toxic materials in soil during construction and operation phase. 2) Monitoring of soil contamination around the sites of earth moving and construction work sites. 1) Prevent to accumulate toxic materials in bottom sediment. 2) Monitoring of bottom sediment pollution in Rupingazi river and other water bodies. 1) areful planning and management for construction work to minimize waste generation. 2) Proper treatment and disposal of wastes generating from construction work, 2) Proper disposal of sludge generated in water treatment in operation phase. 1) Use low-noise and vibration equipment, 2) Examine construction schedule and avoid working in night time, 3) Installation of soundproof walls and buffer zones. Monitoring the occurrence of ground subsidence. 1) Use of calcium hypochlorite (alo) for disinfection process in stead of chlorine gas in water treatment plant, 2) Prevent to leakage chlorine gas from disinfection process, if chlorine gas is used. Note 1: Environmental items in the scoping are prepared based on the JIA Guidelines for Environmental and Social onsiderations (2004) with some modifications as referred to the Environmental Guidelines for Infrastructures Projects IX Water Supply (JIA, ) Note 2: Regarding the impacts on "Gender" and "hildren's Right" might be related to all criteria (items) of Social Environment. Note 3: Rating; In general, both beneficial and adverse impacts are expected due to the project activities. However, adverse impacts only are the subject of considerations according to the JIA Guidelines. A-Serious impact is expected, - Some impact is 9. Whether another Environmental and Social onsiderations Study is required at the stage or not? It depends on the results of EIA License application to NEMA through the Project Report of proposed water supply project. If NEMA requests EIA Study further, another Environmental and Social onsiderations Study will be necessary. 10. onsultation (1) The Preliminary Study Team explained that the Kenyan side should observe the requirement of the laws and regulations on environmental and social considerations and also JIA Guidelines for Environmental and Social onsiderations. The Kenyan side promised to obtain necessary approval and/or agreement with organization concerned and stakeholders. 13

14 (2) Through the meeting with the implementing agencies and an expert who is certified to conduct EIA by NEMA, following matters were discussed and confirmed. 1) Envisioned adverse impacts due to the Project and mitigation measures. 2) Undertaking to satisfy necessary conditions such as securing additional land for water supply facilities and additional water right prior to applying EIA License to NEMA. 3) Revision of the present TOR for EIA in accordance with the proposed project plan. 4) Finalizing the Project Report and/or full EIA Study Report and submitted to NEMA for obtaining EIA License as early as possible. 11. Social Acceptability in case of involuntary Resettlement and Land Acquisition 11.1 Legal frame work of land acquisition and involuntary resettlement A legal framework for land acquisition and involuntary resettlement in Kenya is mainly by the Land Acquisition Act, which provides a formal procedure for acquisition and compensation for privately owned property. According to the Act, Government and/or public organizations can do compulsory acquisition of private land for public purposes. In addition to this, setting apart of land is in a way a process of compulsory acquisition of unregistered Trust Land, if the Government or a ounty ouncil wishes to acquire land for a public purpose Gaps between Kenyan laws and donor s policy However, there are found gaps between Kenyan laws and donor s policy including the JIA Guidelines about land acquisition and involuntary resettlement. For example, cash compensation is based upon market value and illegal encroachers are not entitled to compensation in Kenyan law, while compensation is based on replacement cost and Project Affected Persons (PAPs) are entitled to some forms of compensation whatever the legal/illegal recognition of the occupancy in donor s policy Social Acceptability In case of land acquisition and/or involuntary resettlement, following matters should be taken into considerations to facilitate social acceptability. (1) Sufficient compensation should be given to PAPs with taking the above mentioned gap between Kenyan laws and JIA Guidelines into consideration. If there is any difference of involuntary resettlement policy between Government of Kenya and JIA, that of JIA should be fully considered. (2) Participation by PAPs and their communities must be promoted in the planning, implementation, and monitoring of involuntary resettlement plans and measures against the loss of their means of livelihood via the disclosure of information from an early stage. (3) If PAPs are vulnerable social groups such as the poor, women, children, elderly and ethnic minority appropriate consideration should be given. 14

15 12. Important Notice on asic Design Research efore deciding the dispatch of the asic Design Team, it is necessary to confirm the following matters to the Kenyan sides. (1) Additional land acquisition and/or involuntary resettlement to secure enough land space for new water treatment facilities. (2) Additional license of wayleaves and easement to secure carrying pipelines of conveyance, transmission and distribution under lands, if necessary. (3) Approval of additional water right (3,100m3/day) from Water Resources Management Authority. (4) Securing a proper site for sludge disposal (5) Finalizing the Project Report and/or full EIA Study Report and submitted to NEMA (6) Result of examination for issuing EIA License by NEMA. 13. Other relevant Information 13.1 References (1) Office of the Vice-President and Ministry of Planning and National Development (1996): Embu District Development Plan ( ) (2) Ministry of Planning and National Development (2001): Embu District Development Plan ( ) (3) Office of the Vice-President and Ministry of Planning and National Development (1996): Mbeere District Development Plan ( ) (4) Ministry of Planning and National Development (2001): Mbeere District Development Plan ( ) (5) Ministry of Lands & Housing and Embu Municipality (2005): Local Physical Development Plan (Long term) (6) Republic of Kenya (2007.7) Water Supply and Sanitation Service Improvement Project (Wassip) Proposed Follow-up on apital Investment Program, Resettlement Policy Framework (RPF) - End - 15