Eia - 1430 For Farm Extension at Aquila

ENVIRONMENTAL IMPACT ASSESSMENT PROJECT REPORT FOR THE PROPOSED
FARM EXTENSION (OPEN FIELD AND WATER RESERVOIR CONSTRUCTION) AT

AQUILA DEVELOPMENT COMPANY LIMITED.
THIS REPORT HAS BEEN PRODUCED IN ACCORDANCE WITH THE

ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AMENDMENT) ACT,
2015 AND THE ENVIRONMENTAL IMPACT ASSESSMENT AND AUDIT
REGULATIONS, 2003
BY
PAUL ONANA
NEMA Reg. No. 1853
NOVEMBER 2017
CERTIFICATION
This Environmental Impact Assessment Study was commissioned by the management of

Aquila Development Company Limited in fulfillment of requirements of the Environmental
Management and Coordination (Amendment) Act, 2015 and all applicable rules.
Occupier:
………………………………… ……………………………….
Name of Officer Designation
……………………………….
Signature / Date / Official Stamp
Lead Expert: PAUL ONANA License No. 1853
Signature / Date
………………………..
NEMA Acknowledgement:
………………………………….. ………………………………
Name of NEMA Officer Signature / Date / Stamp
ii
This is to certify that the environmental experts hereunder as per the requirements of the
National Environment Management Authority (NEMA) Kenya carried out an Environmental
Impact Assessment (EIA) for the Proposed Project and declare that the information given
herein is true to the best of our knowledge.
EIA/EA EXPERTS
Name of expert Details Signature
Mr. PAUL ONANA EIA/EA Lead Expert
Expert Registration No. 1853
Mobile phone No: 0720343403

E-mail address: paulonanah@yahoo.com
MR. DAVID MACHARIA EIA/EA Associate Expert

E-mail address: mashdavie@gmail.com
MR.PETER MUTAVA EIA/EA Associate Expert

E-mail address: petermmutava@gmail.com
MR.JAMES MUCHEMI EIA/EA Associate Expert

NEMA/EIA/ER/8837
E-mail address: muchemijames0@gmail.com
PROPONENT
Name Contact person and telephone Signature
AQUILA DEVELOPMENT COMPANY
Ms. Lilian
LIMITED
iii
ABREVIATIONS
CDM Clean Development Mechanisms
EIA Environmental Impact Assessment
EMCA, 2015 Environmental Management and Coordination Act 2015
EMMP Environmental Monitoring and Management Plan
EMP Environmental Management Plan
Ha Hectares
KM Kilo Meters
KPLC Kenya Power and Lighting Company
NEAP National Environmental Action Plan
NEMA National Environmental Management Agency
PPE Personal Protective Equipment
PR Project Report
TBD To Be Determined
TOR Terms of Reference
iv
CONTENTS
CHAPTER ONE ............................................................................................................................... 1
1.0 INTRODUCTION ........................................................................................................................ 1
1.1 SCOPE. .................................................................................................................. 1
1.2 OBJECTIVES ....................................................................................................... 1
1.3 TERMS OF REFERENCE .................................................................................. 1
1.4METHODOLOGY AND CRITERIA .................................................................. 2
CHAPTER TWO ............................................................................................................................... 5
2.0 POLICY LEGAL AND ADMINISTRATIVE FRAMEWORK ........................................................ 5
2.1 LEGAL FRAMEWORK ...................................................................................... 7
2.2 INTERNATIONAL OBLIGATIONS ............................................................... 13
2.3 ADMINISTRATIVE FRAMEWORK .............................................................. 14
CHAPTER THREE ......................................................................................................................... 16
3.0 BASELINE INFORMATION OF THE STUDY AREA ............................................................... 16
3.1 PHYSICAL ENVIRONMENT .......................................................................... 16
3.1.1 BACKGROUND INFORMATION OF THE PROJECT AREA ......... 16
3.1.2 LOCATION ................................................................................................ 16
3.1.4 GEOGRAPHICAL CONDITIONS ......................................................... 16
3.1.5 SOIL AND GEOLOGY .......................................................................... 17
3.1.6 SOCIO-ECONOMIC PROFILE ........................................................... 17
4.0 PROJECT PROCESS AND IMPLEMENTATION ....................................... 19
4.1 CONSTRUCTION ACTIVITIES AND INPUTS ............................................ 19
4.2 PROJECT ALTERNATIVES CONSIDERED................................................ 20
4.3 Project Description ............................................................................................. 22
4.4 The Proposed Location of the Project ......................................................... 24
5.1Project design considerations for the open field farming........................... 25
5.2.1 Dam ................................................................................................................... 25
Design of the Dam ............................................................................................... 25
v
Project design considerations for the dam........................................................ 25
5.3 Impact Assessment Project Report ............................................................. 26
5.4Part VI – environmental impact assessment ............................................... 26
5.5 Site Location .................................................................................................. 28
CHAPTER SIX ............................................................................................................................... 29
6.0 PUBLIC CONSULTATION ....................................................................................................... 29
CHAPTER SEVEN ......................................................................................................................... 31
7.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES ..................... 31
POTENTIAL IMPACTS FROM THE GREEN HOUSE PROJECT ................. 31
7.1 Preparation Phase ......................................................................................... 31
7.2 OPERATIONAL PHASE ............................................................................ 35
7.3 DECOMMISSIONING PHASE .................................................................. 39
CHAPTER EIGHT .......................................................................................................................... 42
8.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES ..................... 42
POTENTIAL IMPACTS FROM THE DAM PROJECT..................................... 42
8.1 CONSTRUCTION PHASE................................................................................ 42
8.1.1Positive Impacts .......................................................................................... 42
8.2 OPERATIONAL PHASE .................................................................................. 45
8.2.1Positive Impacts .......................................................................................... 45
8.2.3Negative Impacts and Mitigation Measures ............................................. 45
8.3 DECOMMISSIONING PHASE ........................................................................ 47
8.3.1 Positive impacts .......................................................................................... 47
8.3.2 Negative Impacts and Mitigation Measures ............................................ 48
CHAPTER NINE ............................................................................................................................. 49
9.0 ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS.......................................... 49
CHAPTER TEN .............................................................................................................................. 57
10.0 ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS........................................ 57
vi
ACKNOWLEDGEMENT
We would like to acknowledge the management of Aquila Development Company Limited for
providing all the necessary support to facilitate the undertaking of this EIA of the proposed
farm extension in Aquila Development Company Limited.
We also express our gratitude to the Company’s Management and staff for their cooperation
and responses during on-site assessment activities at the company and the immediate neighbors
consulted for their candid and invaluable comments. This goes a long way in showing a high
level of commitment by Aquila Development Company Limited in protecting and maintaining
a healthy and sustainable environment.
Table 1: PROPONENTS INFORMATION
Name AQUILA DEVELOPMENT COMPANY LIMITED.
i. County: NAKURU
Situation of Workplace
ii. Town: NAIVASHA
Postal Address: 357
Contact Details Code: 20117
Town: NAIVASHA
Type of Industry FLORICULTURE
Date of the Assessment 28TH NOVEMBER 2017
Project FARM EXTENSION
vii
EXECUTIVE SUMMARY
In Kenya, an EIA must be carried out prior to any project that is likely to have an impact(s) on
the environment and on social and economic well-being of the community involved. The two
projects (farm extension and water reservoir construction) to be undertaken are among such
developments that require the critical and strategic assessment as stipulated in the
Environmental Management and coordination (amendment) Act, 2015 and Environmental
Impact Assessment and audit regulation (2003). This is done so as to ensure sustainable
environmental management.
The project involves the extension of farming land to 40 acres plus construction of 5000m3
water reservoir. Environmental experts who are registered by the National Environment
Management Authority (NEMA) conducted the EIA study and prepared this report for approval
by the same.
For a long time, the world over, policy makers directed all the efforts in economic development
without due regard to the resource base on which the economic development depend on. As a
result, there has been unprecedented environmental degradation due to lack of environmental
conservation resulting to unsustainable development. More recently investors and developers,
spurred on by regulators world over, have recognized the need for change in order to safeguard
the environment.
In reference to the above, environmental concerns have now been integrated in the planning an
implementation processes of any proposed project in Kenya. The key objective is to mitigate
conflicts with the EIA to be undertaken on projects of such nature and magnitude; to enhance
Sustainable Environmental Management as well as controlling and revitalizing the much
degraded environment. The environmental management is coordinated by NEMA in Kenya.
Pursuant to the prevailing legal requirements as envisaged in the EMCA,2015 and to ensure
sustainable environmental management, the project proponent commissioned undertaking of
the EIA study for the proposed project; and incorporated substantial environmental aspects as
advised by NEMA.
viii
CHAPTER ONE
1.0 INTRODUCTION
The main objective of the EIA study is to evaluate the effects/impacts of proposed development
in relation to the general environmental aspects i.e. physical, biological, and socio-economic
environments. It aims at influencing g the protection and coexistence of the development with
the surroundings as well as the compatibility of the proposed development to the area; to ensure
and enhance sustainable environmental management during implementation and operational
phases.
1.1 SCOPE.
The scope of the assessment study covered the physical extent of the project’s site and its
immediate environs, construction works of the proposed development, installation of basic
utilities and services as required by the physical planning act. The output of the study was the
production of an EIA project report for submission to NEMA for the purposes of seeking
approval and subsequent acquisition of an EIA license to proceed with the project.
1.2 OBJECTIVES
The environmental Impact Assessment Study of the developments was conducted in order to:
 Determine the Impacts the project may have on the Environment.
 Assist decision makers arrive at a decision whether to grant or deny a license for
the proposed project.
 Propose cost-effective mitigation measures for the significant negative impacts of
the project on the environment.
 Coming up with an Environmental Management Plan (EMP) to address
environmental and social impacts of the project to the affected population during
construction, operational and decommissioning phases of the project.
1.3 TERMS OF REFERENCE

 A critical look into project objectives.
 Assessment of the proposed location of the project.
 A concise description of the baseline information, national environmental legislative
and regulatory framework, and any other relevant information related to the project.
1
 Evaluation of the technology, procedures and processes to be used, procedures and
processes to be used in the implementation of the project.
 Evaluation of the materials to be used in the construction and implementation of the
project and their extended sources.
 Description, evaluation and analysis of the foreseeable potential environmental effects
of the project broadly classified into physical, ecological/biological and socio-
economic aspects (direct, indirect, cumulative, irreversible, short-term and long-term
effects anticipated)
 Evaluation of waste management.
 Evaluation and analysis of alternatives including the proposed project, no project
alternative, project site, design and technologies.
 An Environmental Management Plan (EMP), proposing the measures for eliminating,
minimizing or mitigating adverse impacts on the environment.
 Propose measures to prevent health and safety hazards and to ensure security in the
working environment for the employees and the management in case of emergencies.
This encompasses prevention and management of the foreseeable accidents and during
both the construction and operational phases.
 Such other matters as NEMA may require.
1.4METHODOLOGY AND CRITERIA

METHODOLOGY
The E.I.A methodology involved:
 Discussions with site representatives
 Site survey and observation
 Documents and data review
 Public Consultation
 Reporting
Discussions/Meeting with Site Representatives
Opening and Closing meetings were held between the farm representatives and the auditor.
The opening meeting was to brief the site representatives on the objectives and scope of the
Environmental Impact Assessment Study. At the end of the site assessment, a closing meeting
was held to point-out assessment findings.
2
Site Survey and Observation
This was done during the Aquila Development Company Limited visit. The expert was allowed
to personally scrutinize, identify environmental concerns that may arise from the project,
interpret the situation on the ground and make judgment.
Documents and Data Review

Literature review on relevant documentation related to the study was carried out. The
proponent provided upon request, the land ownership documents, certificate of work
registration, Layout plans and architectural designs of the proposed project.
Public Consultation
This was carried out to gather the opinion of the neighbors and relevant stakeholders
concerning the proposed greenhouse extension and dam construction project at Aquila
Development Company Limited. The general trend was that consulted persons were made to
understand that the consultants were not speaking on behalf of Aquila Development Company
Limited, but that the meeting was part of the data gathering process for an EIA study. Both
closed and open ended questionnaires were administered to the business neighbors (Copies
attached).
Reporting
All the findings of the assessment have been documented in this report as per the provisions
of NEMA stated in the Environmental Management and Coordination (Amendment) Act 2015
and as stipulated in the Legal Notice No. 101, Environmental (Impact Assessment and Audit)
Regulations of 2003.
Criteria
EIA Regulations stipulates the general criteria for undertaking EIA studies. The
Environmental Impact Assessment criteria are further enhanced through endorsement of recent
EHS and related legislations.
Subsequently, the criteria for the EIA focused on the:
(a) Applicable Environmental Regulations which include:

 Environmental Management and Coordination (Amendment) Act, 2015
3
 Environment Management and Coordination (Environmental Impact and
Assessment) Regulations, 2003
 Environment Management and Coordination (Water Quality)
Regulations, 2006
 Environment Management and Coordination (Waste Management)
Regulations, 2006
 OSHA 2007
 Local Government Act
 Water Act
(b) Aquila Development Company Limited EHS Policy which the farm is required to
comply with.
4
CHAPTER TWO
2.0 POLICY LEGAL AND ADMINISTRATIVE FRAMEWORK
According to the Kenya National Environment Action Plan (NEAP, 1994) the Government
recognized the negative impacts on ecosystems emanating from economic and social
development programs that disregarded environmental sustainability. Following on this,
establishment of appropriate policies and legal guidelines as well as harmonization of the
existing ones have been accomplished or is in the process of development. The NEAP process
introduced environmental assessments and auditing in the country culminating into the
enactment of the Policy on Environment and Development under the Sessional Paper No. 6 of
1999. An EA is a tool used on ongoing development projects commenced prior to the coming
into force of the EIA/EA regulations and new projects undertaken after completion of an EIA.
It is a legal requirement in Kenya and provided for under section 47 of EMCA 2015.
The following is a summary of some laws and regulations that protect the environment from
environmental degradation. The Sectoral acts are still applicable, however, for the purpose of
this report, special attention should be given to the provisions in EMCA. According to Kenya
subsidiary legislation, 2003 Part V of the EIA and EA regulations, Environmental Audit and
Monitoring is mandatory. This mainly covers;
 On-going Projects commenced prior to the coming into force of these regulations; or
 New projects undertaken after completion of an Environmental Impact Assessment
study report.
The policy recommends the need for enhanced re-use/recycling of residues including
wastewater, use of low non-waste technologies, increased public awareness raising and
appreciation of a clean environment. It also encourages participation of stakeholders in the
management of wastes within their localities.
The key national laws governing the compliance for Environmental Management of Aquila
Development Company Limited are;
 Environmental Management and Co-ordination(Amendment) Act, 2015

 Environmental Management and Coordination (Waste Management) Regulation, 2006.
 Environmental Management and Coordination (Water Quality) Regulation, 2006
5
 Environmental Management and Coordination (Controlled Substances) Regulation,
2007
 The Public Health Act (Cap. 242)
 The Occupational Safety and Health Act (OSHA), 2007
 The Factories and Other Places of Work (Medical Examination Rules), 2005
 The Factories and Other Places of Work (Fire Risk Reduction Rules), 2007
 The Factories and Other Places of Work (Safety and Health Committee Rules), 2004
 The Factories and Other Places of Work (First Aid Rules), 1977
 The air quality standards by the World Health Organization (WHO) and World Bank
 The County Governments act
 The Water Act, 2002 (Cap 372) including the Water Quality Regulation (2006) and the
Wetland Regulation (2009)
 Energy Act, 2006
 Energy Management Regulations (2012).
 Environmental Management and Coordination (Noise and Excessive Vibration
Pollution Control) Regulations, 2009
Under the general provisions (PART I) of these rules:
Noise pollution means the emission of uncontrolled noise that is likely to cause damage to
human health or damage to the environment, Excessive vibration means the presence of
vibrations which: -
 Is of such intensity, duration, frequency or character as to annoy, disturb, or cause or
tend to cause adverse psychological effects on persons, or to damages or tend to damage
personal or real property; and
 Exceed 0.5 centimeters per second beyond any source property boundary or 30 meters
from any moving source.
NATIONAL POLICY AND LEGAL FRAMEWORK
Kenya Government's environmental policy aims at integrating environmental aspects into

national development plans. The broad objectives of the national environmental policy include:
 Optimal use of natural land and water resources in improving the quality of human
environment
 Sustainable use of natural resources to meet the needs of the present generations while
preserving their ability to meet the needs of future generations
6
 Conservation and management of the natural resources of Kenya including air, water,
land, flora and fauna.
 Promotion of environmental conservation through the sustainable use of natural
resources to meet the needs of the present generations while preserving their ability to
meet the needs of future generations
 Meeting national goals and international obligations by conserving bio-diversity,
arresting desertification, mitigating effects of disasters, protecting the ozone layer and
maintaining an ecological balance on earth.
2.1 LEGAL FRAMEWORK

Adherence to national statutes and regulations on environmental conservation suggest that the
proponent has a legal duty and social responsibility to ensure that the ongoing development
safeguard the status of the environment, natural resources, public health and safety.
Environmental management activities were previously implemented through a variety of
instruments such as policy statements and sectoral laws as well as through permits and licenses.
Most of these statutes are sector-specific, covering issues such as public health, soil erosion,
protected areas, endangered species, water rights and water quality, air quality, noise and
vibration, cultural, historical, scientific and archaeological sites, land use, resettlement, etc.
Some of the key national laws that govern the management of environmental resources in the
country are hereby discussed however it is worth noting that wherever any of the laws
contradict each other, the Environmental Management and Co-ordination (Amendment)Act,
2015 prevails.
Environment Management and Co-ordination (Amendment) Act, 2015

This Act provides for the establishment of appropriate legal and institutional framework for
the management of the environment and its related matters. Part II section 3 of the Environment
Management and Co-ordination (Amendment) Act, 2015 states that every person in Kenya is
entitled to a clean and healthy environment in accordance with the Constitution andrelevant
laws and has the duty to safeguard and enhance the environment. In order to partly ensure this
is achieved, section 43 of the Act directs that the proponent of any project specified in the
Second Schedule shall undertake a full environmental impact assessment study and submit an
environmental impact assessment study report to the Authority prior to being issued with any
license by the Authority. Section 47 gives provision on Environmental Auditing.
7
Environmental (Impact Assessment and Audit) Regulations, 2003
The Regulation provides the guidelines that have been established to govern the conduct of
environmental assessments and environmental audits in Kenya. The guidelines require that the
EIA study be conducted in accordance with the issues and general guidelines spelt out in the
Second and Third schedules. These include coverage of the issues on schedule 2 (ecological,
social, landscape, land use and water considerations) and general guidelines on schedule 3
(impacts and their sources, project details, national legislation, mitigation measures, a
management plan and environmental auditing schedules and procedures).
Conservation of Biological Diversity and Resources, Access to Genetic Resources and

Benefit Sharing Regulations, 2006
The Act states that no person shall engage in any activity that may have an adverse impact on
any ecosystem lead to the introduction of any exotic species, or lead to unsustainable use of
natural resources, without an Environmental License issued by the Authority.
Wetlands, River Banks, Lake Shores and Sea Shore Management Regulation, 2009
This Act applies to all wetlands in Kenya whether occurring in private or public land. It
contains provisions for the utilization of wetland resources in a sustainable manner compatible
with the continued presence of wetlands and their hydrological, ecological, social and
economic functions and services.
Noise and Excessive Vibration Pollution Control Regulations, 2009

These Regulations determine that no person or activity shall make or cause to be made any
loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers
the comfort, repose, health or safety of others and the environment. In determining whether
noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered:
 Time of the day;
 Proximity to residential area;
 Whether the noise is recurrent, intermittent or constant;
 The level and intensity of the noise;
 Whether the noise has been enhanced in level or range by any type of electronic or
mechanical means; and,
8
 Whether the noise is subject to be controlled without unreasonable effort or expense to
the person making the noise.
These regulations also relate noise to its vibrational effects and seek to ensure no harmful
vibrations are caused by controlling the level of noise. Any person/s intending to undertake
activities in which noise suspected to be injurious or endangers the comfort, repose, health or
safety of others and the environment must make an application to NEMA and acquire a license
subject to payment of requisite fees and meeting the license conditions.
Waste Management Regulations (2006)

The Waste Management Regulations are meant to streamline the handling, transportation and
disposal of various types of waste. The aim of the Waste Management Regulations is to protect
human health and the environment. The regulations place emphasis on waste minimization,
cleaner production and segregation of waste at source.
Air Quality Regulations, 2009

The objective of these Regulations is to provide for prevention, control and abatement of air
pollution to ensure clean and healthy ambient air. The general prohibitions state that no person
shall cause the emission of air pollutants listed under First Schedule (Priority air pollutants) to
exceed the ambient air quality levels as required stipulated under the provisions of the Seventh
Schedule (Emission limits for controlled and non-controlled facilities) and Second Schedule
(Ambient air quality tolerance limits).
The Constitution of Kenya, 2010

 Article 42 states that everyone has a right to a clean and healthy environment.
 Article 69 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.
 Article 70 provides avenue for redress on infringement of the rights covered under
article 42
 Article 72 provides that the Parliament shall enact legislations giving effect to the
provisions of the constitution.
9
Occupational Health and Safety Act, 2007
This is an Act of Parliament to provide for the safety, health and welfare of 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. The Act has the
following functions among others:
 Secures safety and health for people legally in all workplaces by minimization of
exposure of workers to hazards (gases, fumes & vapors, energies, dangerous
machinery/equipment, temperatures, and biological agents) at their workplaces
 Prevents employment of children in workplaces where their safety and health is at risk.
 Encourages entrepreneurs to set achievable safety targets for their enterprises.
 Promotes reporting of work-place accidents, dangerous occurrences and ill health with
a view to finding out their causes and preventing of similar occurrences in future.
 Promotes creation of a safety culture at workplaces through education and training in
occupational safety and health.
Failure to comply with the OSHA, 2007 attracts penalties of up to KES 300,000 or 3 months
jail term or both or penalties of KES 1,000,000 or 12 months jail term or both for cases where
death occurs and is in consequence of the employer.
Water Act, 2002

The new Water Act (2002) of the Laws of Kenya seeks to make better provisions for the
conservation, control of pollution; apportionment and use of the water resources in Kenya, and
for purposes they are incidental thereto and connected therewith. The Act vests ownership and
control of water in government subject to any rights of user. Under this provision the
responsibility to regulate access, use and control of water resources is vested in the Water
Resources Management Authority(WRMA). The Water Act protects water bodies and sources
from pollution and controls their use. It will ensure that the proposed project requirements can
be provided by the existing water system and that the project design will work to conserve the
available water both during construction and the operation phase of any project.
Public Health Act (Cap. 242)

This Act provides for the impetus for a healthy environment and gives regulations to waste
management, pollution and human health. This Act controls the activities of the project with
10
regard to human health and ensures that the health of the surrounding community isn’t
jeopardized by the activities of the project.
Physical Planning Act (Cap. 286)

The Act provides for the preparation and implementation of physical development plans and
for related purposes. It gives provisions for the development of local physical development
plan for guiding and coordinating development of infrastructure facilities and services within
the area of authority of County, municipal and town council and for specific control of the use
and development of land. The Act also promotes public participation in the preparation of plans
and requires that in preparation of plans proper consideration be given to the potential for socio-
economic development needs of the population, the existing planning and future transport
needs, the physical factors which may influence orderly development in general and
urbanization in particular, and the possible influence of future development upon natural
environment. Any change of use of the actual development without authority constitutes an
offence. Similarly, anyone who deposits refuse, scrap or waste materials in a designated area
without the consent of the planning authority or the relevant local authority shall be guilty of
an offense under the regulations. The general sentence under the regulations is a fine of not
exceeding five thousand shillings or imprisonment not exceeding six months, or to both, such
fine and imprisonment. This Act gives precedence for the need of undertaking an
environmental impact assessment on all projects, inviting public participation and taking into
account possible influence of the future development upon natural environment.
The penal code

The chapter on “offences against health and convenience” contained in the penal code enacted
in 1930 strictly prohibits the release of foul air into the environment which affects the health
of the other person. Any person who voluntarily violates the atmosphere at any place to make
it noxious to the health of persons in general, dwelling or carrying of business in the
neighborhood or passing along public ways is guilty of a misdemeanor, i.e. imprisonment not
exceeding two years with no option of fine.
Local Government Act (Cap. 265)
This law empowers a local authority to apply through the Minister of Lands to meet its different
development purposes. Such requests and purposes are deemed to be public purposes within
the meaning of the Land Acquisition Act (cap 295). Such a local authority may, within such
11
land, establish and maintain a conservation area. This project has met the above- mentioned
Acts’ requirements one of which is the undertaking of this study. Others include the permits
issued by the local authority.
Forest Act, 2005
The Forest Act, 2005 was enacted in November 2005 to repeal the Forest Act, Cap 385. The
Act provides for the establishment, development and sustainable management, including
conservation and rational utilization of forest resources so as to enhance their role in the
stabilization of soils, ground water, protecting water catchments, moderating climate by
absorbing greenhouse gases, provide the main locus of Kenya’s biological diversity and a
major habitat for wildlife. Its provisions apply to all forests and woodlands on state, local
authority and private land of the country declared as provisional forest by the Minister. The
administration of forests is headed by the established Kenya Forest Service managed by a
board, regional forest conservation committees work under and community participation is
integrated through forest community associations and forest user associations. The Act also
establishes the forest management and conservation fund headed by a finance committee. The
Act requires formulation of forest management plans for use in management of state, local and
provisional forests, joint management of forests is allowed but governed by management
agreement with the forest service. Indigenous forests and woodlands shall be managed on a
sustainable basis and presidential decree for protection of trees can be issued. Variation of
forest boundaries or revocation of state or local authority forests and state forest concession are
subject to an independent EIA and public consultation. Director of Kenya Forest Service (KFS)
is required to maintain register of all licenses issued under the Act. Provisions of part VI and
part XII of EMCA’99 shall apply mutatis mutandis to and in respect of a license under this Act
and any EIA as well as reference to the National Environment Tribunal required under this Act.
The provisions of EMCA’99 regarding reference to the Tribunal established under that Act
shall apply to the settlement of disputes arising under Forest Act, 2005. Offences under the Act
are punishable under the law and citizens can petition High court for a declaration of
contravention of the Act provisions. Thus the Act directs, regulates and harmonizes
development and use of forests in the country. In addition, the Act provides a vital link with
the Environment Management and Coordination Act.
Land Control Act, Cap. 302
The proposed project will be carried out on private land. It is worth noting that the
Government can compulsorily acquire private land for public interest.
12
National Construction Authority Act 2011.
The national construction act is set to streamline, overhaul and regulate the construction
industry in Kenya for sustainable development. The NCA establishes the authority and confers
on its power to register contactors within the construction industry. The act requires all the
contractors, both foreign and local contractors to be registered with the authority. The act also
regulates the practices of foreign contractor by limiting their work to only tender work. The
foreign contractors are licensed for only a specific period and once they satisfy they are in
Kenya for that specific time. The foreign contractors must also produce a certificate of
compliance. Furthermore, they must lodge an affidavit with the NCA that once the project they
have been licensed is over, they shall wind up their business. This prevents them from engaging
in any other construction in the country.
The Agriculture Act CAP 318
This is the principle law governing agricultural production in Kenya and the proponent must
adhere to all the provisions of this Act in his day to day operations.
4.3.16 Wildlife Conservation & Management Act Cap 376 (Amended, 2010)
The Act and its related amendments regulate wildlife conservation within the country. The Act
also created the Kenya Wildlife Service in 1997 and gives the agency the power to oversee the
establishment and management of the Parks and reserves in Kenya and undertake to protect the
fauna and flora within the National parks including entering into agreements with organizations
of person to ensure that wildlife corridors continue to be provided for migration of wildlife.
Alienation of any park can only be undertaken by a resolution from parliament. The Act gives
KWS the powers to maintain an armed wing and pro-vides the sweeping powers for the
organization to enter into premise search and arrest anybody handling live or dead animal or
part of animal and prosecute in a court of law.
2.2 INTERNATIONAL OBLIGATIONS
Kenya is party to a number of Multi-Lateral Environmental Agreements (MEAs) on
environmental protection. Aquila Development Company Limited must therefore comply with
these agreements. These include;
 African Convention on the Conservation of Nature and Natural Resources,
1968(revised in 2003.
 Convention on Wetlands (Ramsar convention)1971
13
 UNESCO Convention Concerning the Protection of the World Culture and Natural
Heritage (1972)
 Kyoto Protocol
 Vienna Convention for the Protection of the Ozone Layer Supplemented by The 1987
Montreal Protocol on Substances that Deplete The Ozone Layer(1985)
 Basel Convention on the Control of Trans-Boundary Movement of Hazardous Wastes
and Their disposal (1989)
 Bamako Convention on the Ban of the import into Africa and the Control of Trans-
Boundary Movement and Management of Hazardous Wastes within Africa (1991)
 Convention on Biological Diversity (1992) Biodiversity
 United Nations Framework Convention on Climate Change (UNFCCC, 1992)
 Rotterdam Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade (1998)
2.3 ADMINISTRATIVE FRAMEWORK

County Environment Committees
County Environmental Committees also contribute to decentralized environmental
management and enable the participation of local communities. These environmental
committees consist of the following:
 Representatives from all the ministries;
 Representatives from local authorities within the County;
 Two representatives from Public benefit organizations involved in environmental
management in the County;
 A representative of each regional development authority in the County.
National Environment Management Authority (NEMA)

The responsibility of NEMA is to exercise general supervision and co-ordination over all
matters relating to the environment and to be theprincipal instrument of government in the
implementation of all policies relating to the environment.
Standards and Enforcement Review Committee (SERC)

In addition to NEMA, EMCA 2015 provides for the establishment and enforcement of
environmental quality standards to be set by a technical committee of NEMA known as the
14
SERC. A work plan was set up by SERC to include committees to draw up standards; these
include the following:
 Water Quality Regulations
 Waste Management Regulations
 Controlled Substances Regulations
 Conservation of Biological Diversity
 Noise Regulations
 Air quality Regulations
 Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulation, 2009
15
CHAPTER THREE
3.0 BASELINE INFORMATION OF THE STUDY AREA
3.1 PHYSICAL ENVIRONMENT
3.1.1 BACKGROUND INFORMATION OF THE PROJECT AREA
Aquila Development Company Limited is located in Nakuru County, Naivasha Sub county.
Nakuru County is one of the counties found in the former Rift Valley Province. It is bordered
by Baringo and Laikipia counties to the North, Nyandarua and Kiambu counties to the West,
Kajiado and Narok counties to the South and Kiricho and Bomet Counties to the East. It lies
between 0°34’ South and 1° 07’South and longitudes 0°30 ‘S and 36°0 ‘East
3.1.2 LOCATION
Aquila Development Company Limited is located in Ndabibi village, Kongoni Division in
Nairobi Subcounty. The farm can either be accessed either through Nairobi-Naivasha-Moi
South Lake road or Nairobi-Mai Mahiu- South Lake road. The farm lies North of Lake
Naivasha, South of Gathonia residential village, West of Shalimar, Bila Shaka, Butyline farms
and East of Rainforest farms.
3.1.3 PHYSICAL FEATURES AND CLIMATIC CONDITIONS
There are several geographic features in the Nakuru County namely Lake Naivasha and Lake
Nakuru. These features have an adverse effect on the climatic and weather patterns experienced
in the county however climate change and global warming also affects the weather components
in the region. The average altitude of the county is approximately 1850 metres above the sea
level and this explains the temperature regimes experienced in the county. The average
temperatures range between 10 degrees Celsius and 20 degrees Celsius, the cold season is
experienced in July and August while the hot season is experienced in January and March. The
rains are received in two seasons whereby the long rains are experienced in April, May and
August while the short rains are experienced between October and December. The average
annual rainfall is approximated to be 850mm per year and this enables the farmers in Nakuru
County to practice crop farming. The predominant soil type is loam and contains all the plant
nutrients required for plant growth. Due to the good soil cover in the region, soil erosion is not
major problem here.
3.1.4 GEOGRAPHICAL CONDITIONS
The County’s total area is 2,325.8 km², a total population density of 1,603,325 as per the year
2009 National population census. It has eleven constituencies: Nakuru town West, Nakuru
town East, Kuresoi South, Kuresoi North, Molo, Rongai, Subukia, Gilgil, Bahati, Njoro and
Naivasha Constituencies.
16
3.1.5 SOIL AND GEOLOGY
The geology of Nakuru county comprises mainly of volcanic soils and rocks (lava and
pyroclastics) of Tertiary – Quaternary age, which has been affected by a series of faulting, and
are overlain by recent sediments. The most extensive soils in the area are volcanic soils with
few thin layers of organic soils in few places. The landscape is of tectonic origin resulting from
tectonic volcanic activity and erosion. The soils in the county vary in both fertility and
distribution. Shallow soils are formed in hilly areas while deep well drained soils are found on
the slopes and plateaus.
3.1.6 SOCIO-ECONOMIC PROFILE
3.1.6.1 Population and human settlements
Nakuru County is home to 1, 603, 325 people (male - 50.2% and female - 49.8%), according
to the 2009 National Census. It is a cosmopolitan county, with its population originating from
all the major tribes of Kenya.
The population density in Nakuru County has been increasing in the last 40 years. The density
was 52 persons per Km2 in 1969. It increased to 69 persons per Km2 in 1979 and then to 102
and 145 persons in 1989 and 1999 respectively.
The current settlement patterns have historical origin from colonial times. The pattern is
dichotomous in nature i.e. urban and rural with difference in both economic and spatial
characteristics. The rural settlements are generally homogenous and engage in primary
production with agriculture as the dominant economic activity. Urban settlements are
heterogeneous, densely populated and engage in non-agriculture economic activities such as
commerce and industry and also service delivery.
The settlement schemes in Nakuru County were initiated in 1960’s and 1970’s. One of the
factors that have had a major impact in settlement development in the county is the rapidly
growing population without corresponding development of off-farm economic opportunities.
Roads network also attracts a lot of settlements along the main highways and all weather roads.
Agriculture is the backbone of Nakuru's economy. The county's weather is conducive for large-
scale farming, horticulture and dairy farming. Food crops grown in Nakuru County include
maize, wheat, beans, peas, cabbages, tomatoes, kales and carrots. The produce is consumed
locally and sold to consumers in neighboring towns and cities.
There are 898 primary schools and 334 secondary schools in Nakuru County, serving 358,556
pupils and 25,475 students respectively. The county's Teacher to Pupil Ratio is 1: 49 for public
primary schools and 1:36 for public secondary schools.
17
3.1.7 FOREST DIVERSITY
The County falls in the highland Savannah zone, characterized by few scattered trees with
expansive grass cover. Most of the natural vegetation has been cleared giving way to manmade
environmental hazards. There are four gazetted forests, which have both natural and planted
strips
18
CHAPTER FOUR
4.0 PROJECT PROCESS AND IMPLEMENTATION

The farm extension project will involve addition of open field farming land and construction
of a water reservoir(dam) that will serve the farm. Since a lot of water can be harvested during
rainy seasons as surface run off, the 5000m3 dam will be constructed to serve as reservoir for
the harvested water. In addition, water from an existing borehole will be channeled to the
reservoir. The development will be done on an area of 40 acres.
The entire farming extension project will incorporate environmental guidelines as well as
health and safety measures.
4.1 CONSTRUCTION ACTIVITIES AND INPUTS

The project inputs
 Construction raw materials
The construction of the water reservoir will include polyethylene paper, sand, cement,
water pipes and impermeable plastic material for laying on the base of the reservoir.
The construction of the pump house will include bricks, sand, cement and rood
materials. All these will be to the approved standards and shall be obtained from
licensed dealers and especially those that have complied with the environmental
management guidelines and policies.
 Construction machinery.
Include but not limited to excavators, trucks, concrete mixers and other relevant
construction equipment. These will be used for the transportation of materials, and in
the construction activities. Some of the machinery will use petroleum products to
provide propulsion energy.
 A construction labor force of both skilled and non-skilled workers who will require
services such as water supply, washing and sanitation facilities.
 Water for construction purposes. This will be obtained from the current water supply
system within the farm.
Construction activities
 Procurement of construction materials from approved dealers.
 Appropriate storage of the construction materials.
 Site preparation i.e. Excavation of the dam.
19
 Disposal of the resulting debris/ waste materials.
 Electrical, civil, mechanical engineering and sanitary works: to be done by
professionals.
 Excavation at the of the water reservoir.
 Fixing of the lining polyethylene paper.
4.2 PROJECT ALTERNATIVES CONSIDERED

4.2.1 ALTERNATIVES FOR THE OPEN FIELD FARMING
The Proposed Project Alternative

Under this alternative, the project report will be presented to NEMA. This report will evaluate
and examine the impacts of the project on the environment. After the evaluation, an EIA
License would be issued, signifying NEMA’s approval of the project’s implementation.
However, the development will ensure that all environmental measures are complied with
during the construction period and during operation.
The alternative consists of the proponents with the inclusion of NEMA guidelines and
regulations and procedures. This is as stipulated in EMCA 2015, which aims at the reduction
environmental impacts associated with development.
The No Action Alternative

Under this alternative, NEMA would decline approval of the proposed development. In
addition, there would be no alternative site for the same development. This would mean that
the proposed development would not take place. The socio-economic impacts resulting from
the proposed project would not be realized. On the other hand, the anticipated insignificant
environmental impacts resulting from the construction would not occur.
The comparisons of alternatives

Under the proposed project alternative, the development would provide a standard environment
for the Aquila Development Company Limited workers, occupants and visitors. This would
be done with respect to the Public Health Act, OSH Act, 2007, the Local Government Act and
other relevant legislation.During the construction and operation phases, the project will provide
employment opportunities and create a positive impact on the economy. Provided the
mitigation measures are implemented, including sound farm management practices, impacts
on soils and drainage, good air and water quality are anticipated under this alternative.
20
Commitment associated with this alternative would ensure that potential negative impacts are
avoided or reduced to levels of insignificance.
4.2.2ALTERNATIVES FOR THE DAM
Prior to the choice of the proposed project, the following alternatives were considered and these
include:
No Project Alternative
This was rejected as it counters development, since the farm needs more water to cater for its
increasing demand for the resource. In addition, the socio-economic impacts resulting from the
proposed project would not be realized and the other hand, the anticipated insignificant
environmental impacts resulting from the construction would not occur.
Exploitation of groundwater
This is not feasible as investigations revealed that further exploitation of groundwater was
much expensive as compared to dam construction. In addition, the ground water will reduce
faster than the rate of recharge. Therefore, use of the dam will be more logical since it will
depend on harvested rain water from the green houses and storm water.
Reservoir Construction
This is the proposed project in which the project report will be presented to NEMA. This report
will evaluate and examine the impacts of the project on the environment. After the evaluation,
an EIA License would be issued, signifying NEMA’s approval of the project’s implementation.
However, the development will ensure that all environmental measures are complied with
during all stages of the project.
This option was considered the best option since it shall guarantee sustainable water supply to
the flower farm, utilize rain water that would otherwise be wasted.
The comparisons of alternatives

Under the proposed project alternative, the development would provide a standard environment
for the Aquila Development Company Limited’s workers, occupants and visitors. This would
be done with respect to the Public Health Act, OSH Act, 2007, the Local Government Act and
other relevant legislation. During the whole project cycle, the project will provide employment
opportunities and create a positive impact on the economy. Provided the mitigation measures
are implemented, including sound construction management practices, impacts on soils and
drainage, good air and water quality are anticipated under this alternative. Commitment
21
associated with this alternative would ensure that potential negative impacts are avoided or
reduced to levels of insignificance.
4.3 Project Description

The proponent- Aquila Development Company Limited- is proposing to construct a dam and
extend its open field farming to 40 acres. The dam will be excavated in the middle of the
proposed open field in the area as highlighted in the figure below.
22
Figure1. Project Drawing
23
4.4 The Proposed Location of the Project
The proposed location of the two projects is within the Aquila Development Company Limited
vicinity. The portion of land to be developed measures approximately 40 acres. The land is
owned by Aquila Development Company Limited. The certificate of title is as annexed. The
area is covered with grass and small bushes. The fauna observed on site were insects, birds,
camels, antelopes and zebras. The type of soil is volcanic soil. Drainage issues and soil
conservation will therefore be highly addressed during the planning and design of the proposed
project.
24
CHAPTER 5
PROJECT DESIGNS
5.1Project design considerations for the open field farming
5.1.1General considerations
The design considerations incorporate aspects of modern architecture, and modern open field
farming activities including:
- Clearing of the vegetation on the site (these include the thickets currently on site and
grasses).
- Ground leveling and earth moving and excavations for the construction works of the
site proposed offices, Power room, main store and pump room.
- Transportation of construction materials
- Construction of the pump house, landscaping, paving and fittings of finishes and other
utilities in the facilities of the farm
- Cultivation and harrowing of the farm
- Barbed wire perimeter fencing
- Laying of drip pipes for the drip irrigation
- Planting of the proposed produce
5.2 CONSTRUCTED DAM DESIGN
5.2.1 Dam
Design of the Dam
Project design considerations for the dam
25
General considerations
In the realization of the designs for the proposed project, the following was considered:
1. Excavation of the site to the desired length, width, depth and elevation.
2. Construction of embankment and related facilities;
3. The construction of spillway and related facilities;
4. Construction of drains to harvest storm water and
5. Construction/installation of Pump House, pump assemblage and pipeline for
transporting water to the greenhouses for irrigation
5.3 Impact Assessment Project Report

“Environmental impact assessment” means a systematic examination conducted to determine
whether or not a programme, activity or project will have any adverse impacts on the
environment;
“Project report” means a summary statement of the likely environmental effect of a proposed
development referred to in section 58;
“Proponent” means a person proposing or executing a project, programme or an undertaking

specified in the Second Schedule;
5.4Part VI – environmental impact assessment

58.(1) Notwithstanding any approval, permit or license granted under this Act or any other law
in force in Kenya, any person, being a proponent of a project, shall, before financing,
commencing, proceeding with, carried out, executing or conducting or causing to be financed,
commenced, proceeded with, carried out, executed or conducted by another person any
undertaking specified in the Second Schedule to this Act, submit a project report to the
Authority, in the prescribed form, giving the prescribed information and which shall be
accompanied by the prescribed fee.
 The proponent of a project shall undertake or cause to be undertaken at his own expense
and environmental impact assessment study and prepare a report thereof where the
Authority, being satisfied, after studying the project report submitted under subsection
(1), that the intended project may or is likely to have or will have a significant impact
on the environment, so directs.
26
 The environmental impact assessment study report prepared under this subsection shall
be submitted to the Authority in the prescribed form, giving the prescribed information
and shall be accompanied by the prescribed fee.
 The Minister may, on the advice of the Authority given after consultation with the
relevant lead agencies, amend the Second Schedule to this Act by notice in the Gazette.
 Environmental Impact Assessment studies and reports required under this Act shall be
conducted or prepared respectively by individual experts or a firm of experts authorized
in that behalf by the Authority. The Authority shall maintain a register of all individual
experts or firms of all experts duly authorized by it to conduct or prepare environmental
impact assessment studies and reports respectively. The register shall be a public
document and may be inspected at reasonable hours by any person on the payment of a
prescribed fee.
 The Director-General may, in consultation with the Standards Enforcement and Review
Committee, approve any application by an expert wishing to be authorized to undertake
Environmental Impact Assessment. Such application shall be made in the prescribed
manner and accompanied by any fees that may be required.
 Environmental impact assessment shall be conducted in accordance with the
environmental impact assessment regulations, guidelines and procedures issued under
this Act.
 The Director-General shall respond to the applications for environmental impact
assessment license within six months.
 Any person who upon submitting his application does not receive any communication
from the Director-General within the stipulated time may within nine months of such
submission start his undertaking.
59.(1) Upon receipt of an environmental impact assessment study report from any proponent
under section 58(2), the Authority shall cause to be published in each of two successive weeks
in the Gazette and newspaper circulating in the area or proposed area of the project once at
least in each of two successive weeks in some one and the same a notice which shall state: -
 A summary description of the project;

 the place where the project is to be carried out;
 the place where the environmental impact assessment study, evaluation or review
report may be inspected; and
27
 a time limit of not exceeding ninety days for the submission of oral or written
comments by any member of the public on the environmental impact assessment
study, evaluation or review report.
(2) The Authority may, on application by any person extend the period stipulated in sub-
paragraph (d) so as to afford reasonable opportunity for such person to submit oral or written
comments on the environmental impact assessment report.
5.5 Site Location
Plate 1: Proposed site for the Project
28
CHAPTER SIX
6.0 PUBLIC CONSULTATION
This was carried out to gather the opinion of the neighbors and relevant stakeholders
concerning the proposed project at Aquila Development Company Limited. The general trend
was that consulted persons were made to understand that the consultants were not speaking on
behalf of Aquila Development Company Limited, but that the meeting was part of the data
gathering process for an EIA study.
Considering the benefits that neighbors have got from the flower farm, more than 95% of the
respondents were in favor of the proposed project. Most people in the area are employed in
Aquila Development Company Limited and have benefited from different projects by the farm
such as the road connecting the farm to the Naivasha –Maai mahiu highway. The consultation
was done through administering of questionnaires to the residents around the farm and copies
of the same are attached. The respondents were in agreement that the following would be the
benefits of the project to the community;
 Employment opportunities
 Creation of income for investors, contractors, professional, technicians, artisans and
manual workers.
 Increase in cultural and social interactions.
 Better land utilization.
 Increased business shall be realized.
 Improvement of infrastructural systems within the neighborhood.
 Transfer of skills to the locals.
 Reuse of water resources for irrigation.
However, the respondents were concerned with the following issues;
 The health and safety of workers may be compromised due to accidents, pollution and
general disturbance.
 Increased waste materials during construction phase.
 Health and safety issues of the workers during all the stages.
 Pollution of the nearby river.
 Exhaust emission.
29
 Oil leaks
 Waste generation.
 Impact to soil especially when laying the foundation (earthworks) of such development.
 Increased noise and vibration mostly during construction phase.
 Irrigation and soil drainage can cause soil acidification and increased PH whilst the use of
chemical fertilizers and pesticides contributes to reducing soil capillarity (runoff) as well
as its consistency
 Impact/pressure to the existing infrastructure i.e. water, power and drains and access roads.
 Air pollution as a result of dust particles emanating from demolition, earthworks and
construction activities. Exhausts from the involved machinery will lead to increased levels
of hazardous gases such as carbon dioxide and nitrogen oxides.
However, it was made clear that mitigation measures would be proposed to deal with all the
negative issues identified.
30
CHAPTER SEVEN
7.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES

POTENTIAL IMPACTS FROM THE GREEN HOUSE PROJECT
This Section identifies both positive and negative impacts associated with the proposed project.
These impacts are hereby identified at three distinct phases of the project i.e. -Construction
Phase, Operation Phase and Decommissioning Phase.
7.1 Preparation Phase
7.1.1 Positive Impacts
 Creation of employment opportunities-Some people in the Project area and the

neighboring areas will be employed to render both manual and skilled labor during the
implementation of the proposed farm Project. As a result, many will benefit from
improved livelihood and increased income from employment in the farm.
 Provision of market for construction materials-The project will require supply of
materials for the construction of some of the facilities required in the farm such as the
pump houses among others. Some of these construction materials will be sourced locally
and from the surrounding areas. These include sand, stones, cement, hardcore, etc. This
will provide a ready market for such construction material suppliers including hardware
shops.
 Increased revenue to the county and national government-the implementation of the
project will lead to improved government revenue from the acquisition of statutory
licenses.
manual workers.
31
7.1.2 Negative Impacts
The following negative impacts are associated with the implementation of the proposed
Project.
Loss of biodiversity-In the implementation phase, vegetation mainly grass and thickets will
be cleared to pave way for the proposed farm. The disturbance and destruction of vegetation in
the site will negatively affect the biophysical environment. In addition, most organisms will
lose their habitats. These include antelopes, zebras, warthogs and buffaloes. This impact is
moderate as the farm will require removal of much of the thickets.
Mitigation
 The proponent is committed to replanting more grass in the unused areas of the farm and
planting of more indigenous trees and also living 15% of the farm under tree cover.
 Create protected areas for conservancy of affected animals.
Increased energy Demand

During the construction Phase of the project, Electricity will be used for welding, metal
cutting/grinding and provision of light. Diesel will run material transport vehicles and building
equipment/machinery.
Mitigation Measures
 Minimize energy consumption by switching off electrical equipment, appliances and
lights when not being used.
 Monitor energy use during the construction of the project and set targets for efficient
energy use.
Increased water demand-During the implementation phase water will be used for dust
suppression, drinking by the workers, washing of machinery and the construction works. This
will increase demand for water in addition to the existing demand. Water will be mostly used
in the preparation of concrete for construction works.
Workers accidents and hazards during construction
Construction workers are likely to have injuries and be exposed to hazards as a result of the
construction of some of the proposed Project components. The construction works unavoidably
expose workers to occupational health and safety risks. Use of manual labor is expected to take
place resulting in increased occupational safety risks.
32
Mitigation Measures
 Implement all necessary measures to ensure health and safety of the workers and the
general public during construction phase as stipulated in OSHA, 2007.
 PPEs should be provided.
 First Aid boxes be provided and trained first aiders be available in case of an accident.
 Have a general register for recording of accidents and incidents.
Extraction sites and use of construction materials -Construction materials that will be used
in the construction such as; hard core, stones, cement and sand will be obtained from quarries,
hardware shops and sand harvesters who extract such materials from natural resource banks
such as rivers and quarries. Since substantial quantities of these materials will be required for
the construction of the facilities, the availability and sustainability of such resources at the
extraction sites will be negatively affected as some are not renewable in the short term. In
addition, the sites from which the materials will be extracted may be significantly affected in
several ways including landscape changes, clearance of vegetation and opening of depressions
on the surface leading to human and animal health impacts.
Noise, dust and exhaust emissions- noise pollution is likely to occur due to offloading of
construction materials at the proposed site, site preparation by use of tractors and earth moving
machines. Potential impacts on the air quality during implementation phase will be due to
exhaust emissions, noise and dust on site caused by the earth moving machines and offloading
trucks. These will cause a potentially significant air quality impact by emitting pollutants
through exhaust emissions and dust since most of the access roads are murram roads. Dust
emission is also likely to occur during site clearance and spreading of top soil during
implementation of the proposed Project.
Mitigation:
 The workers involved in the site preparation and construction will be required to wear
personal protective equipment such as nose masks and ear plugs to reduce the impacts of
dust and air emissions on their health.
 Proper and prompt maintenance of construction plants and equipment to control emission
of hazardous fumes and noise emanating from machines.
 Ensure that machines are switched off when not in use.
33
 Workers need to be in their respective PPEs during working hours.
 Sprinkle water on graded access routes when necessary to reduce dust generation by
construction vehicles.
 Avoid excavation works during extremely dry weather if possible.
Waste management -Construction activities create solid wastes that need to be disposed. Such
wastes include: plastic containers, cement bags and other packaging materials; and Metal,
glass, plastic containers and other unwanted materials. These wastes may have a direct impact
on the neighboring areas, residents and domestic animals. Disposal of the same solid wastes
off-site could also be a social inconvenience if done in wrong places. The off-site effects could
be un-aesthetics view, pest breeding, unhygienic conditions and pollution of physical
environment.
Mitigation
Solid waste generation
 Provide solid waste handling facilities such as waste bins.
 Ensure that solid waste generated is regularly disposed of appropriately at authorized
dumping sites.
 Ensure that the waste is managed efficiently through recycling, reuse and proper
disposal procedures.
 Proper waste management will be taken into consideration and proper dumping done
according to the Environmental Management and Coordination (Waste Management)
Regulations, 2006.
General safety and security of the premises and surrounding areas

Ensure the general safety and security at all times by providing day and night security guards
and adequate lighting within and around the premises.
Mitigation Measures
 Ensure the general safety and security at all times by providing day and night security
guards and adequate lighting within and around the premises.
Increased Motor traffic-during implementation phase of the project, there will be increased
traffic on the existing roads and this may lead to damage to the road.
34
Mitigation Measures
 It imperative for the proponent to take this into consideration and repair any road that gets
damaged by the implementation vehicles to avoid conflict with the people neighboring the
project site.
Oil spills and leaks-these are prevalent in such construction activities and in areas where
petroleum products are used. Such products contain damaging elements to the environment
since they contain traces of heavy metals such as lead and mercury among others.
Mitigation Measures
 Machines that utilize oil and petroleum products should be adequately serviced to ensure
they do not leak.
 In case of any leak the affected soil should be collected and burned to get rid of the waste.
7.2 OPERATIONAL PHASE
7.2.1 Positive Impacts
Positive Impacts
manual workers.
 Increase in the government revenue.
 Reuse of water resources for irrigation.
 The proposed farm will act as a catalyst to improve livelihoods among the community
members thereby alleviating poverty through provision of employment.
 Increased income to the central and county governments through payment of various
taxes.
 Improved horticultural production and contribution to food security.
 Increased market for goods and services around the area
 It will also improve the value of the land around the site.
35
7.2.2 NEGATIVE IMPACTS
Increased water usage
Horticultural production is a water intensive venture, thus with the operation of the proposed
Project there will be increased water use. The following activities among others will lead to
increased water usage: irrigation of the farm, Cleaning and drinking and cleaning of vehicles.
Mitigation:
Minimize water consumption and ensure more efficient and safe water use
 Promptly detect and repair water pipe and tank leaks

 Ensure taps are not running when not in use
 Install water conserving taps that turn-off automatically when water is not being used.
 Install a discharge meter at water outlets to determine and monitor total water usage.
 The workers in the farm need be sensitized to use water efficiently.
Waste Management
During the operation of the farm, different kinds of waste will be generated. This will mainly
include organic waste from the plant remains and chemical waste through the spraying of the
plants. This will require a proper waste management system in order to minimize the impact
of the waste on the environment.
Mitigation
Solid waste generation
 Provide solid waste handling facilities such as waste bins
 Ensure that solid wastes generated in the farm are regularly disposed of appropriately at
authorized dumping sites.
 Ensure that the wastes are managed efficiently through recycling, reuse and proper
disposal procedures
waste water disposal
Liquid waste is likely to be generated from the irrigation activities in the farm. Wastewater
treatment method for the proposed project is the use of a septic tank and wetland respectively.
The effluent in the wetland will be biologically treated and be reused for irrigation where
possible.
36
Mitigation
 Incorporation of collective liquid waste management. The project is designed such that
there will be provision of a designated spot for the waste water which is well protected
from rain and animals. This wastes will thus be channeled to the dam through drainage
channel from the site in bulk and as one unit such that the careless disposal and hence
proliferation of wastes within the surrounding areas will be curbed.
 Conduct regular inspections for drainage pipe blockages or damages and fix appropriately
Increased energy Demand

During the operational Phase of the project, more energy will be needed more especially for
lighting. As a result, the company will have to pay more electricity bills.
Mitigation Measures
 Monitor energy use during the operation of the project and set targets for efficient
energy use.
 Investing in solar energy as an environmental best practice so that the company saves
on electricity bills.
Pollution
Activities such as adding of fertilizers and pest and weed control will lead to pollution of the
soil, Water bodies that are nearby and ground water.
Mitigation Measures
 Polyculture. Research has proved that, growing different kinds of plants in one piece of
land reduces the susceptibility of pests and herbs. For instance, planting of different
varieties of flowers or herbs will see to it that less chemicals are used for pest or weed
control.
 Crop rotation
 Introduction of Biological pest control, such as Pheromones. Entomopathogenic fungi.
Bacteria and viruses. The release of other organisms, such as natural pest predators and
parasites. Genetic engineering practices, such as insect breeding interference.
 Introduction of trap crops, which attract pests away from the valuable crops (flowers and
herbs)
37
 Organic farming such as use of manure is highly encouraged to reduce chances of soil
contamination.
Minimization of health and safety impacts by implement all necessary measures to ensure
health and safety of the workers and the general public during operation of the project as
stipulated in OSHA, 2007.
Mitigation Measures
general public during operation of the project as stipulated in OSHA, 2007.
General safety and security of the premises and surrounding areas
Ensure the general safety and security at all times by providing day and night security
Mitigation Measures
 Ensure the general safety and security at all times by providing day and night security
Increased energy use
The proposed Project will require energy for lighting, and even pumping water. These could
be in the form of using generators, electricity. Energy from manual labor will also be needed.
In addition, transportation will also require use of fuel. This will eventually have an effect on
the amount of money spent on energy.
Mitigation Measures
 Monitor energy use during the operation of the project and set targets for efficient
energy use.
 Investing in solar energy as an environmental best practice so that the company saves
on electricity bills.
38
Oil spills
The machinery used in the farming and operation of the project may lead to accidental oil spills
and contamination of the environment.
Mitigation Measures
 Machines that utilize oil and petroleum products should be adequately serviced to ensure
they do not leak.
 In case of any leak the affected soil should be collected and burned to get rid of the waste.
Increased soil Erosion and pollution
Intensive agriculture and tillage reduces the soil organic matter, making soils less able to
absorb and retain water and thus more prone to erosion and run off.
Workers accidents and hazards during construction
The operation of the farm may lead to increased occupational accidents to the workers and also
lead to health and safety problems.
Mitigation Measures
general public during construction phase as stipulated in OSHA, 2007.
 PPEs should be provided.
 First Aid boxes be provided and trained first aiders be available in case of an accident.
 Have a general register for recording of accidents and incidents.
7.3 DECOMMISSIONING PHASE
7.3.1 Positive impacts
Rehabilitation
Upon decommissioning of the proposed project, rehabilitation of the project site will be carried
out to restore the site to its original status or to a better state than it was originally. This will
include replacement of topsoil and re-vegetation which will lead to improved visual quality of
the area.
39
Employment Opportunities
For demolition to take place properly and in good time, several people will be involved. As a
result, several employment opportunities will be created for the demolition staff during the
demolition phase of the proposed project.
Revenue Generation
Useful materials such as metal frames can be recovered and sold thereby generating revenue.
The materials can also be reused in other projects and as a result saving on the cost that would
otherwise be used to purchase these materials.
Noise and Vibration

The demolition works will lead to significant deterioration of the acoustic environment within
the project site and the surrounding areas. This will be as a result of the noise and vibration that
will be experienced as a result of demolishing the proposed project.
Mitigation Measures
 Such noise emissions should be minimized as much as possible from the source point
while workers should be provided with appropriate personal protective wear especially
if the levels exceed 85dB for a continuous eight hours exposure.
Solid Waste Generation

Demolition of the building and related infrastructure will result in large quantities of solid
waste. The waste will contain the materials used in construction including concrete, metal,
drywall, wood, etc. Although demolition waste is generally considered as less harmful to the
environment since they are composed of inert materials, there is growing evidence that large
quantities of such waste may lead to release of certain hazardous chemicals into the
environment.
Mitigation measures
A comprehensive waste management plan shall be put in place during this phase. The plan
shall, as much as possible utilize the principle of waste reduction, reuse, recycling, and
recovery.
Dust
40
Large quantities of dust will be generated during demolition works. This will affect demolition
staff as well as the neighboring residents.
Mitigation Measure
41
CHAPTER EIGHT
8.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES

POTENTIAL IMPACTS FROM THE DAM PROJECT
This Section identifies both positive and negative impacts associated with the proposed project.
These impacts are hereby identified at three distinct phases of the project i.e. -Construction
Phase, Operation Phase and Decommissioning Phase.
8.1 CONSTRUCTION PHASE

8.1.1Positive Impacts
manual workers.
 Rain water harvesting for irrigation.
8.1.2.1 Health and Safety of Workers
During construction there will be a risk of injuries from machines, inhalation of dust during
excavation and risk of falling in the excavated area.
Mitigation Measures
 Workers should be provided with full personal protective equipment (PPE) to beef up
their health and safety standards.
 Well stocked first aid boxes should be availed in case of any incidents or accidents
and a general register should be available to record such occurrences.
 The area should be fenced off to keep away unwanted persons.
42
8.1.2.2 Generation of Waste
During excavation, a lot of soil will be excavated. Some of the excavation material will be
rendered unusable and thus will have to be disposed of. This also applies to some of the
soil/rocks which may not be reusable after excavation processes are complete. All these
materials need to be collected, transported and disposed of appropriately in approved
designated areas. It is encouraged that other alternative uses of these materials should be found.
Mitigation Measures
 The soil generated will be used to level the area of land around the dam as well as
landscaping some areas in the farm.
 Waste bins need to be provided for collection of wastes such as cement packaging
bags.
8.1.2.3 Noise pollution
The construction works on site will most likely have noise emission due to the moving
machines and other normal construction activities. This may prove to be a potential source of
disturbance to the surrounding neighbors and a health hazard to the workers themselves.
Mitigation Measures
 Such noise emissions should be minimized as much as possible from the source point
while workers should be provided with appropriate personal protective wear especially
if the levels exceed 85dB for a continuous eight hours exposure.
8.1.2.4 Generation of exhaust emissions
Exhaust emissions are likely to be generated during the construction period by the various
construction machinery and equipment. Motor vehicles used to mobilize the work force and
materials for construction would cause a potentially significant air quality impact by emitting
pollutants through gaseous exhaust emissions.
Mitigation Measures
 Proper and prompt maintenance of construction plants and equipment to control
emission of hazardous fumes and noise emanating from machines.
43
8.1.2.5 Storm water
Storm water runoff either from the site or from the neighboring compounds may run into the
site thereby causing interference to the construction operation.
Mitigation Measure
 Drainage channels should be dug on the area lying on the upper side if the dam to ensure
storm water does not enter the excavated area in case of rain
8.1.2.6 Dust emissions
Particulate matter pollution is likely to occur during the site clearance, excavation and loading
and transportation of the construction waste.
Mitigation Measure
8.1.2.7Oil leaks and spills
These are prevalent in such construction activities and in areas where petroleum products are
used. Such products contain detrimental elements to the environment since they contain traces
of heavy metals such as lead, mercury and sulphur among others.
Mitigation Measures
 Machines that utilize oil and petroleum products should be adequately serviced to
ensure they do not leak.
 In case of any leak the affected soil should be collected and burned to get rid of the
waste.
8.1.2.8 Enhanced erosion / changes in topography due excavation.
The excavation works will make soil loose hence making it prone to being eroded by wind or
water.
Mitigation measures
 Compacting the embankment so as to reduce chances of erosion
44
 The excavated soil to be deposited around the dam area also needs to be compacted to
reduce erosion.
 Have soil erosion prevention mechanisms in place
8.1.2.9 Increased pressure on infrastructure
The project will lead to increased pressure on existing infrastructure such as roads, service lines
etc. due to the increased number of people who will be using these facilities which will directly
translate into increased in volume of the relevant parameter.
Mitigation Measures
 Have designated routes for people and vehicles so as to reduce the conflict that may
arise such as pressure on soil.
 Sprinkle water in the specific routes to reduce erosion and air pollution.
8.1.2.10 Impacts on Flora and Fauna
There will be minimal impacts on Flora since the proposed site has only grass on it.
8.2 OPERATIONAL PHASE

8.2.1Positive Impacts
 Employment opportunities.
 Increased production for the company due to availability of more water for irrigation.
 Opportunity for fish farming.
8.2.3Negative Impacts and Mitigation Measures
8.2.3.4 Breeding Site for Mosquitoes
During operation of the dam, there is a possibility of mosquitoes breeding in some parts of
the dam.
Mitigation Measures
 Monitor and control the possible creation of mosquito breeding site.
45
8.2.3.5 Accumulation of Aerobic and Anaerobic Waste.
Wastes would find their way in the dam either through run-off or by being carelessly dumped.
Aerobic wastes would undergo decomposition and trigger growth of algae and loss of dissolved
oxygen in the dam which would not favor fish farming. Anaerobic wastes will accumulate in
the dam and occupy space that would otherwise be occupied by water.
Mitigation Measures
 Ensure no wastes enter the dam especially due to run-off by having a point to sieve
all incoming wastes.
 Wastes that find their way in the dam should be removed.
8.2.3.6 Soil Erosion
During rain seasons, water will flow towards the direction of the dam considering the gradient
of the area. If water overflows from the dam, it may erode the embankment and the adjacent
area.
 Ensure that the dam has a spillway/Outlet to drain excess water especially during rain
seasons so that the embankment is not tempered with.
8.2.3.7 Risk of Drowning
During the operational stage of the dam, if the area is left accessible to everyone, it would
pose a risk of someone falling in it or acts of suicide.
 Fencing off the dam to ensure it is only accessible to the required personnel.
 Put warning signs (written in English and Kiswahili languages) at strategic sites.
 Have floaters available in case of accidental entry into the dam
8.2.3.8 Opportunistic growth of aquatic macrophytes
Some plants may grow in the dam and can either be on the surface or submerged. They would
include water lily etc. Such plants are important in removing nitrates and phosphates in water.
However, in this case, if at all the water has such wastes due to surface run-off from
greenhouses, the water can still be reused since its only purpose is irrigation.
Mitigation measures
 Monitor for any unusual floral species.
46
 Remove such species when seen.
8.2.3.9 Increased pressure on infrastructure
The project will lead to increased pressure on existing infrastructure such as roads, service lines
etc. due to the increased number of people who will be using these facilities which will directly
translate into increased in volume of the relevant parameter.
Mitigation Measures
 Have designated routes for people and vehicles so as to harmonize the conflict that may
arise.
8.2.3.10 Siltation
When it rains the run-off will contain particles of soil etc. There is therefore a need for having
a mechanism of removing such sediments before entering the dam so that no space in the dam
will be occupied by unwanted material other than water.
8.2.3.11 Impacts on Hydrology
There will be minimal impacts on ground water since an impermeable plastic paper will be laid
at the base and embankment of the earth dam to prevent water loss to the ground. However
once the dam is full and the excess water is released, it should be collected at a common point
to be tested before being released to the immediate environment. If the water will be found to
contain such parameters such as pH, color, odour, suspended solids etc that are not up to
required standards, it should be treated before release.
8.3 DECOMMISSIONING PHASE

At the end of the design life, the dam shall be decommissioned and abandoned. A
comprehensive plan shall be prepared for the restoration and subsequent protection of the land.
8.3.1 Positive impacts

 Revenue Generation from of sale of recovered material such as the impermeable
paper.
 Reuse of the pumping machine which see the company saving on resources.
47
8.3.2 Negative Impacts and Mitigation Measures
8.3.2.1 Noise and Vibration
The refilling works will lead to significant deterioration of the acoustic environment within the
project site and the surrounding areas. This will be as a result of the noise and vibration that
will be experienced as a result of depositing the soil in the dam and compacting the soil.
Mitigation Measures
 Ensure the workers are in their PPEs to reduce effects of noise to their health.
8.3.2.2 Solid Waste Generation
Demolition of the wire fence will result in large quantities of solid waste. Other waste will
include the impermeable paper laid at the base of the dam.
Mitigation measures
 A comprehensive waste management plan shall be put in place during this phase. The
plan shall, as much as possible utilize the principle of waste reduction, reuse, recycling,
and recovery.
8.3.2.3 Dust
Large quantities of dust will be generated during refilling of the dam. This will affect the
workers as well as the neighboring residents.
Mitigation measures
 The workers should be provided with respirators to counter the effect of dust.
48
CHAPTER NINE
9.0 ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS
TABLE 3: ENVIRONMENTALMANAGEMENT PLAN DURING CONSTRUCTION OF THE DAMS
Expected Mitigation Measure Responsibility Time Frame Cost

Negative Impacts
Health and Safety  Workers should be provided with full Contractor/ Aquila Throughout the 5,000
of Workers Development Construction
personal protective equipment (PPE) to
Company Limited’s Period
beef up their health and safety standards. Management
 Well stocked first aid boxes should be Contractor/ Aquila Throughout the 5,000
Development Construction
availed in case of any incidents or
accidents and a general register should be Management
available to record such occurrences.
 The area should be fenced off to keep Contractor/ Aquila Throughout the 20,000
away unwanted persons.
Management
Generation of  The soil generated will be used to level Contractor/ Aquila Throughout the None
Waste the area of land around the dam as well
as landscaping some areas in the farm. Management
 Waste bins need to be provided for
One-off
collection of wastes such as cement
packaging bags.
49 | P a g e www.kaileysconsortium.com
Noise Pollution  Such noise emissions be Contractor/ Aquila
should Throughout the None
minimized as much as possible from the
source point while workers should be Management
provided with appropriate personal
protective equipment especially if the
levels exceed 85dB for a continuous eight
hours exposure.
 Ensure that machines are switched off Contractor/ Aquila Throughout the None
when not in use.
Management
Generation of  Proper and prompt maintenance of Contractor/ Aquila Throughout the 5,000 per
Development Construction Month
exhaust emissions construction plants and equipment to
control emission of hazardous fumes and Management
noise emanating from machines.
 Ensure that machines are switched off Contractor/ Aquila None
Development
when not in use.
Company Limited’s
Management
Storm water  Drainage channels should be dug on the Civil Engineer 2 Months 5,000
Mechanical engineer
area lying on the upper side if the dam to
and Aquila
ensure storm water does not enter the Development
excavated area in case of rain Company Limited’s
Management
Dust emissions  Workers need to be in their respective Contractor/ Aquila 2 Months TBD
Development
PPEs during working hours.
Company Limited’s
Management
 Sprinkle water on graded access routes Contractor/ Aquila Throughout the 2,000 per
Development Construction Month
when necessary to reduce dust generation
by construction vehicles. Management
 Avoid excavation works during extremely Contractor/ Aquila Throughout the None
dry weather if possible.
Management
Oil spills and  Machines that utilize oil and petroleum Contractor/ Aquila Throughout the 5,000 per
Development Construction month
Leaks products should be adequately serviced to
ensure they do not leak. Management
 In case of any leak the affected soil should Contractor/ Aquila None
Development
be collected and burned to get rid of the
Company Limited’s
waste. Management
Enhanced erosion /  Have soil erosion prevention mechanisms Contractor/ Aquila 1 Month None
Development
changes in in place, such as compaction of soil on
Company Limited’s
topography due the base of the reservoir and its Management
excavation. embankment to reduce chances of
erosion.
TABLE 4: ENVIRONNMENTAL MANAGEMENT PLAN DURING OPERATION OF THE DAMS

Negative Impacts
Breeding Site for  Monitor and control the possible creation Aquila Throughout the TBD
Mosquitoes Development operation Period
of mosquito breeding site.
Company Limited’s
Management
Accumulation of  Ensure no wastes enter the dam especially Aquila Throughout the TBD
Aerobic and Development operation Period
due to run-off by having a point to sieve
Anaerobic Waste. Company Limited’s
all incoming wastes. Management
 Wastes that find their way in the dam Aquila Continuous TBD
Development
should be removed.
Company Limited’s
Management
Soil Erosion  Ensure that the dam has a spillway/Outlet to Aquila 2 Months None
Development
drain excess water especially during rain
Company Limited’s
seasons so that the embankment is not Management
tempered with as well as the immediate
environment.
Risk of Drowning  Fencing off the dam to ensure it is only Aquila 2 Months 50,000
Development
accessible to the required personnel.
Company Limited’s
Management
 Put warning signs (written in English and Aquila One-Off None
Development
Kiswahili languages) at strategic sites.
Company Limited’s Throughout the TBD
 Have floaters near the area. Management. operation Period
Opportunistic  Monitor for any unusual floral species. Aquila Throughout the None
Development operation Period
growth of aquatic
Company Limited’s
macrophytes. Management
 Remove such species when seen. Aquila Throughout the None
Company Limited’s
Management
Increased pressure  Have designated routes for vehicles and Aquila 2 Months None
Development
on infrastructure human in the site to avoid the conflict that
Company Limited’s
is likely to arise. Management
Health and Safety  Workers should be provided with full Aquila Throughout the TBD
of workers personal protective equipment (PPE) to
Company Limited’s
beef up their health and safety standards. Management
 Well stocked first aid boxes should be Aquila Throughout the 2,000
availed in case of any incidents or
Company Limited’s
accidents and a general register should be Management
available to record such occurrences.
Siltation  The drains leading to the direction of the The Civil Engineer Throughout the TBD
and Aquila operation Period
dam are cemented so that no soil is carried
Development
with it. Management.
 Soil that would be deposited in the dam Aquila Continuous TBD
Development
should be removed.
Company Limited’s
Management.
Impacts on  Have a common point to collect excess Aquila Throughout the TBD
Hydrology water from the dam so that it is tested and
Company Limited’s
treated before being released to the river Management.
TABLE 5: ENVIRONNMENTAL MANAGEMENT PLAN DURING DECCOMMISSIONING OF THE DAMS.

Negative Impacts
Noise and  Ensure the workers are in their PPEs to Contractor/Aquila Continuous TBD
Vibration Development
reduce effects of noise to their health.
Company Limited’s
Management
 Switch of Machines when not in use. Contractor/Aquila Continuous None
Development
Company Limited’s
Management
Solid Waste  Waste that will be recovered need to Contractor/Aquila One-off None
Development
Generation be reused since it will comprise of
Company Limited’s
plastic and metal waste from the Management
fencing wire.
Dust  The workers should be provided with Contractor/Aquila Continuous TBD
Development
respirators to counter the effect of
Company Limited’s
dust. Management
Health and Safety Workers should be provided with full Contractor/Aquila Throughout the TBD
Development Cycle
of workers personal protective equipment (PPE) to beef
Company Limited’s
up their health and safety standards. Management
Well stocked first aid boxes should be availed Contractor/ Aquila Throughout the
Development Cycle
in case of any incidents or accidents and a
Company Limited’s
general register should be available to record Management
such occurrences.
Rehabilitation Of Implement An Appropriate Re-Vegetation Contractor/Aquila One-off TBD
Development
The Project Site. Programme To Restore The Site To Its
Company Limited’s
Original Status And Consider Use Of Management
Indigenous Plant Species In Re-Vegetation
Trees should be planted at suitable locations Contractor/Aquila One-off TBD

Development
so as to interrupt slight lines (screen planting),
Company Limited’s
between the adjacent residential area and the Management
development.
CHAPTER TEN
10.0 ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS
TABLE 6: ENVIRONNMENTAL MANAGEMENT PLAN DURING IMPLEMENTATION PHASE OF OPEN FIELD
activity Mitigation Measure Time Frame Responsibility Cost
Impact on -Design a landscape plan that enhances During Proponent/ Implementation

Biodiversity landscape aesthetic value using local and construction engineer budget
and soil native vegetation.
erosion - Ensure proper demarcation of the project
area to be affected by the project works in
order to restrict any disturbance of flora and
fauna only on the actual project area and to
avoid spillover effects on the neighboring
areas.
- Have strict control of vehicles to ensure that
they operate only within the area to be
disturbed by access routes and other works.
- Minimize soil erosion and associated
sediment release from the project site.
-Excavated materials should be controlled
and properly disposed to avoid blocking of
storm water drainage system and subsequent
soil erosion
-Create a migratory corridor for wild animals
as they move to and from grazing fields.
Management -Segregate waste by separating hazardous During Contractor/ Implementation
of waste from non-hazardous waste for construction proponent budget
waste & use of appropriate disposal
raw materials - Provide adequate and suitable solid waste
collection containers
- Containers for storing hazardous waste
including used oil should be securely banded,
labeled and disposed as required by Waste
Management Regulations, 2006
- Contract a NEMA licensed waste collection
company to collect solid waste from the site
for appropriate disposal at approved sites.
-Accumulate scrap metals in a scrapping yard
and contract a scrap metal dealer with a valid
license for appropriate disposal/recycling
- Minimize waste generated by adopting
cleaner operation methods such as
conserving materials, enabling recovery and
re-use of the waste product where possible
-Use durable, long- lasting materials which
will not need to be replaced as often, thereby
reducing the amount of construction waste
generated over time.
-Provide facilities for proper handling and
storage of materials to reduce the amount of
waste caused by damage or exposure to the
elements of nature i.e. sunshine, wind, rain
etc.
-Use materials that have minimal packaging
to avoid generation of packaging waste
- -Have an accurate budget & estimation of
actual material requirements in order to
ensure that
materials are not extracted or purchased in
excessive quantities.
-Consider reusing materials and use of
recycled ones in order to reduce the amount
of raw materials extracted from natural
resources as well as reducing impacts at the
extraction sites
Noise pollution - Minimize noise and vibration in the project During Contractor/ Implementation
& excessive site and surrounding areas through construction proponent budget
vibrations sensitization of drivers to switch off vehicle
engines while offloading materials.
- Instruct the drivers to avoid unnecessary
gunning of vehicle engines or hooting
especially
when passing through sensitive areas such as
residential areas, wildlife areas and hospitals.
- Insulate all generators & heavy duty
equipment or place them in enclosures to
minimize high noise levels
Minimization -All excavations, shafts, pits or openings During site Contractor Implementation
of accidents & more than two meters deep should be covered preparation budget
hazards or barred by suitable means when access is
not needed.
- No materials should be stored near such
excavations.
- All excavation walls over 1.2 meters deep
should be reinforced with timber to prevent
collapse to persons working inside.
Traffic impacts -The contractor shall take all possible During site proponent Implementation
precaution to safe guard the safety of preparation budget
wheeled traffic and pedestrian.
- Ensure strict enforcement of on and off -
site speed limits as well as limiting
unnecessary traffic within the project site
- Provide parking areas for the trucks.
- Provide entry and exit points into the site.
-Erect proper warning signs at a safe
distance on the access roads to warn
motorist of heavy vehicles turning.
-Ensure trucks do not damage the road
structures and drainage systems.
- Ensure only serviceable trucks are used
during transportation hence less break
downs.
-Ensure that transportation of the materials
take the shortest period possible.
-Transport most of the materials during off
peak hours when the traffic is low.
Occupational -Ensure that the contractor adheres to the During proponent Implementation
Health and occupational health and safety rules and operations budget
Safety regulations stipulated in the Occupational
Safety and Health Act 2007 and the
Factories(Building Operations and Works of
Engineering Construction) Rules of 1984.
- Provide workers with insurance cover such
as workmen’s compensation.
-First aid facilities should be availed at the
site office. These include properly stocked
first ad boxes & trained personnel to handle
first aid.
- Provide proper scaffolds for construction at
high level
- Document and display on-site emergency
procedures
- Use appropriate signage to direct and
control flow of traffic
-The construction site should be registered as
per OSHA 2007 and the DOHSS should be
notified of the construction works before
commencement.
- A general accidents register should be kept
on- site.
-Provide and enforce use of PPEs including
overalls, helmets, safety boots & gloves
among
others where necessary.
-Ensure proper storage of materials and
equipment to avoid accidents occurring from
falling.
-Provide temporally sanitary facilities during
construction.
- Water surfaces before and during
excavation and construction to reduce dust
generation.
- Restrict un-necessary movement of public
to the site in order to avoid accidents. All
access to the hazardous areas should be
secured with a fence and warning notices.
- Ensure portable fire extinguishers are
provided and in working condition near
probable
ignition sources
Oil spills - Ensure that all equipment is in good During site Contractor/ Implementation
serviceable condition. preparation proponent budget
- Ensure that no fuels or oils are stored on
site but procure them when needed.
Dust -Dust emissions from piles of soil or from During site Contractor/ Implementation
generation & any other material during earthwork, preparation proponent budget
exhaust excavation, & transportation should be
emissions controlled by wetting.
-Piles and heaps of soil should not be left over
after site preparation is completed.
-Excavated sites should be covered with
suitable solid material and vegetation planted
around the compound.
-Minimize dust through strict enforcement of
onsite speed controls as well as limiting
unnecessary traffic within the project site.
- Ensure that traffic routes on site are
sprinkled with water regularly to reduce
amount of dust generated by the vehicles.
- Sensitize truck drivers to avoid unnecessary
racing of vehicle engines at
loading/offloading areas, & to switch off or
keep vehicle engines at these point
TABLE 7: ENVIRONMENTAL MANAGEMENT PLAN FOR THE OPERATION OF OPEN FIELD
Activity Mitigation Measure timeframe responsibility Cost

Waste water - Construct an adequate wetland for waste Continuous proponent TBD
disposal water treatment.
- Ensure that drainage channels are not
blocked or damaged since such vices can
lead to release of the effluent, resulting in
land (soil) and water pollution
Efficient waste -Provide proper waste handling facilities Continuous proponent -
Management such as waste storage chamber
/receptacles for temporarily holding solid
waste generated.
- Contract a NEMA licensed waste
company for proper waste disposal
-Raise awareness among workers about
waste management
Energy -Switch off equipment and lights when not Continuous proponent -
consumption being used.
- Consider the possibility of using
alternative sources of energy especially
renewable ones such as solar
-Install energy-efficient lighting systems
within the farm.
- Sensitize farm workers on energy
conservation through efficiency use of
energy.
Efficient water - Dispose waste more responsibly by Continuous proponent -
use dumping at designated sites only
-Put in place measures for quick detection
and repair of pipe and tank leaks
-Sensitize staff and visitors to use water
more efficiently
-Ensure taps are not running when not in
use.
Occupational -Educate the staff on the occupational During proponent implementation
Health and health & safety rules and regulations operation budget
Safety stipulated in the
Occupational Safety and Health Act 2007
and the Factories Rules of 1984.
- Provide workers with insurance cover
for such as workmen’s compensation.
-First aid facilities should be availed at the
site office and strategic places in the farm.
These include properly stocked first aid
boxes & properly trained personnel to
handle first
aid.
- Provide ear muff, dust masks and other
PPEs to staff working in dusty and noisy
areas.
- Document and display emergency
procedures
- Use appropriate signage to direct and
control flow of traffic
- A general accidents register should be
maintained and all incidences and
accidences
recorded and reported as appropriate.
-Provide and enforce use of personal
protective equipment
-Ensure proper storage of materials,
products and equipment to avoid
accidents.
-Provide adequate sanitary facilities to the
staff and visitors
- Ensure portable fire extinguishers are
provided and in working condition near
probable ignition sources
-Adequate and clean water supply for
drinking.
Emergency/ -There must be a well-designed and Continuous proponent -
hazard response/ documented emergency preparedness
plans including fire emergency procedures.
preparedness -signage around the farm warning the staff
plan of possible danger and educate them on
how to respond to emergencies.
- installation and regular inspection and
servicing of fire extinguishers should be
undertaken by a reputable service provider
and records of such inspections
maintained
Fire protection - Fire safety signs should be prominently During proponent -
displayed within the buildings operation
-Have a designated fire assembly point.
Electrical Safety -Circuits must not be overloaded Continuous proponent -
-Distribution board switches must be
clearly marked to indicate respective
circuits
-There should be no live exposed
connections
- Electrical fittings near all potential
sources of ignition should be flame proof
- All electrical equipment should be
earthed
Chemical -these need to be applied in the required During proponent -
fertilizers quantities and at the appropriate time to operation
reduce the amounts that seep into the soil
and potentially to nearby water bodies
Oil and grease -All servicing and maintenance of farm During proponent -
spills machinery must be done at the designated operation
garage and oil interceptors provided to
minimize the occurrence of such
accidental spills
Poisoning -All poisonous chemicals to be properly During proponent Project
protection stored and issued only to the people implementation budget
authorized to use them and only in the
required quantities. and operation
-Label all poisonous chemicals to reduce
the chances of ingestion.
-All people manning the chemical stores
must wear personal protective equipment
TABLE 8: ENVIRONNMENTALMANAGEMENT PLAN DURING DECCOMMISSIONING OF THE OPEN FIELD

Negative Impacts
Noise and  Ensure the workers are in their PPEs to reduce Contractor/Aquila Continuous TBD
Vibration Development
effects of noise to their health.
Company Limited’s
Management
 Switch of Machines when not in use. Contractor/Aquila Continuous None
Development
Company Limited’s
Management
Solid Waste  Waste that will be recovered need to be reused Contractor/Aquila One-off None
Development
Generation since it will comprise of plastic and metal
Company Limited’s
waste from the fencing wire. Management
Dust  The workers should be provided with Contractor/Aquila Continuous TBD
Development
respirators to counter the effect of dust.
Company Limited’s
Management
Health and Safety  Workers should be provided with full Contractor/Aquila Throughout the TBD
Development Cycle
of workers personal protective equipment (PPE) to beef
Company Limited’s
up their health and safety standards. Management
 Well stocked first aid boxes should be availed Contractor/ Aquila Throughout the TBD
Development Cycle
in case of any incidents or accidents and a
Company Limited’s
general register should be available to record Management
such occurrences.
Rehabilitation of Contractor/Aquila Continuous TBD
the project site.  Implement an appropriate re-vegetation Development
Company Limited’s
programme to restore the site to its original Management 2 M
o
status and Consider use of indigenous plant n
species in re-vegetation t
h
s
 Trees should be planted at suitable locations Contractor/Aquila Continuous TBD
Development
so as to interrupt slight lines (screen planting), Company Limited’s
between the adjacent residential area and the Management
development.
CHAPTER ELEVEN
11.0 RECOMMENDATION AND CONCLUSION
The development of new projects is now preceded by critical analysis and assessment of the proposed
activities through the conduct of an EIA, as required by NEMA. An EIA identifies both positive and
negative impacts of the proposed development towards the environment and community, and provides
easing methods for the latter.
The analysis of this report has evidenced that the implementation and operation phases of the proposed
project will have positive impacts to the proponent and the community at large. These impacts will
include creation of jobs and business opportunities, compliance with the Public Health Act and Local
Government Act and general development of the site. However, there are some environmental
concerns associated with this development such as increased pressure on existing infrastructure (water,
drainage system, etc.), interference with air and soil quality mostly during the construction phase,
increased solid waste generation, among others. The report has therefore included a comprehensive
EMMP to mitigate these impacts effectively. The strategy will ensure sustainable execution of the
proposed activities and protection of the environment and the community.
The expert’s recommendation is that the project should be subjected to the outlined mitigation
measures and they should be strictly adhered to. The project proponent shall work closely with
NEMA, the County government and the general public to achieve these goals and embrace clean
production/development mechanisms (CDM)in the aim of realizing the 2030 agenda on Sustainable
development.
On the basis of the mitigation measures developed, the project will have no adverse effects to the
environment and on social welfare of the surrounding community. The licensing authority is therefore
urged to issue a license for the commencement of the project.
CHAPTER TWELVE
12.0 REFERENCES
1. Republic of Kenya (2015), The Environmental Management and Coordination (Amendment) Act
2. Republic of Kenya (2003), The Environmental (Impact Assessment and Audit) Regulations
3. Republic of Kenya (2009), Wetlands, River Banks, Lake Shores and Sea Shore Management
Regulation,
4. Republic of Kenya (2010), The Constitution of Kenya
5. Republic of Kenya (2009), The Noise and Excessive Vibration Pollution Regulations
6. Republic of Kenya (2005, The Noise Prevention and Control Rules
7. Republic of Kenya (2007), The Occupational Safety and Health Act
8. Republic of Kenya (2006), The Waste Management Regulations
9. Republic of Kenya (2006), The Water Quality Regulations
10. Aquila Development Company Limited. - policies and documents relating to safety, health and
environment.
ANNEXES
1. Evidence of Public Participation

2. Land Ownership Documents
4. Site Layout plans
5. Project Designs
6. EIA Expert License.
7. Certificate of Workplace Registration
.
70

Eia - 1430 For Farm Extension at Aquila

Uploaded by

Copyright:

Available Formats

Eia - 1430 For Farm Extension at Aquila

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Eia - 1430 For Farm Extension at Aquila

Uploaded by

Copyright:

Available Formats

ENVIRONMENTAL IMPACT ASSESSMENT PROJECT REPORT FOR THE PROPOSED

FARM EXTENSION (OPEN FIELD AND WATER RESERVOIR CONSTRUCTION) AT

THIS REPORT HAS BEEN PRODUCED IN ACCORDANCE WITH THE

NEMA Reg. No. 1853

This Environmental Impact Assessment Study was commissioned by the management of

Name of Officer Designation

Signature / Date / Official Stamp

Lead Expert: PAUL ONANA License No. 1853

Name of NEMA Officer Signature / Date / Stamp

Mr. PAUL ONANA EIA/EA Lead Expert

Expert Registration No. 1853

Mobile phone No: 0720343403

MR. DAVID MACHARIA EIA/EA Associate Expert

MR.PETER MUTAVA EIA/EA Associate Expert

MR.JAMES MUCHEMI EIA/EA Associate Expert

CHAPTER ONE ............................................................................................................................... 1

1.0 INTRODUCTION ........................................................................................................................ 1

1.1 SCOPE. .................................................................................................................. 1

1.2 OBJECTIVES ....................................................................................................... 1

1.3 TERMS OF REFERENCE .................................................................................. 1

1.4METHODOLOGY AND CRITERIA .................................................................. 2

CHAPTER TWO ............................................................................................................................... 5

2.0 POLICY LEGAL AND ADMINISTRATIVE FRAMEWORK ........................................................ 5

2.1 LEGAL FRAMEWORK ...................................................................................... 7

2.2 INTERNATIONAL OBLIGATIONS ............................................................... 13

2.3 ADMINISTRATIVE FRAMEWORK .............................................................. 14

CHAPTER THREE ......................................................................................................................... 16

3.0 BASELINE INFORMATION OF THE STUDY AREA ............................................................... 16

3.1 PHYSICAL ENVIRONMENT .......................................................................... 16

3.1.1 BACKGROUND INFORMATION OF THE PROJECT AREA ......... 16

3.1.2 LOCATION ................................................................................................ 16

3.1.4 GEOGRAPHICAL CONDITIONS ......................................................... 16

3.1.5 SOIL AND GEOLOGY .......................................................................... 17

3.1.6 SOCIO-ECONOMIC PROFILE ........................................................... 17

4.0 PROJECT PROCESS AND IMPLEMENTATION ....................................... 19

4.1 CONSTRUCTION ACTIVITIES AND INPUTS ............................................ 19

4.2 PROJECT ALTERNATIVES CONSIDERED................................................ 20

4.3 Project Description ............................................................................................. 22

4.4 The Proposed Location of the Project ......................................................... 24

5.1Project design considerations for the open field farming........................... 25

5.2.1 Dam ................................................................................................................... 25

Design of the Dam ............................................................................................... 25

5.3 Impact Assessment Project Report ............................................................. 26

5.4Part VI – environmental impact assessment ............................................... 26

5.5 Site Location .................................................................................................. 28

CHAPTER SIX ............................................................................................................................... 29

6.0 PUBLIC CONSULTATION ....................................................................................................... 29

CHAPTER SEVEN ......................................................................................................................... 31

7.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES ..................... 31

POTENTIAL IMPACTS FROM THE GREEN HOUSE PROJECT ................. 31

7.1 Preparation Phase ......................................................................................... 31

7.2 OPERATIONAL PHASE ............................................................................ 35

7.3 DECOMMISSIONING PHASE .................................................................. 39

CHAPTER EIGHT .......................................................................................................................... 42

8.0 DESCRIPTION OF ANTICIPATED IMPACTS AND MITIGATION MEASURES ..................... 42

POTENTIAL IMPACTS FROM THE DAM PROJECT..................................... 42

8.1 CONSTRUCTION PHASE................................................................................ 42

8.1.1Positive Impacts .......................................................................................... 42

8.2 OPERATIONAL PHASE .................................................................................. 45