Language: English

Original: English

PROJECT: EAST AFRICAN COASTAL CORRIDOR

DEVELOPMENT PROJECT: BAGAMOYO –
TANGA – HOROHORO/ LUNGA LUNGA –
MALINDI ROAD PROJECT: PHASE 1
COUNTRIES: KENYA AND TANZANIA

ESIA SUMMARY FOR THE PROPOSED UPGRADING OF

MOMBASAMTWAPA – KWA KADZENGO-KILIFI (A7) SECTION, KENYA

Date: May 2019

Team Leader: Z. TESSEMA, Chief Transport Engineer, RDGE.3

Preparation
Team
E&S Team Member: E.B. KAHUBIRE, Social Development Officer, RDGE4
/SNSC

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 Contents
1. INTRODUCTION ............................................................................................................................... 3
2. SCOPE OF THE ESIA STUDY ......................................................................................................... 3
3. PROJECT DESCRIPTION AND JUSTIFICATION ...................................................................... 4
4. POLICY AND LEGAL FRAMEWORK .......................................................................................... 7
5. DESCRIPTION OF PROJECT ENVIRONMENT ......................................................................... 9
6. PROJECT ACTIVITIES ..................................................................................................................10
7. STAKEHOLDER AND COMMUNITY ENGAGEMENT ...........................................................11
8. MAJOR BENEFICIAL AND ADVERSE IMPACTS....................................................................12
9. MAJOR MITIGATION MEASURES .............................................................................................17
10. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ................................................20
11. SUMMARY AND CONCLUSION ..............................................................................................21
12. REFERENCES AND CONTACTS..............................................................................................22

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1. INTRODUCTION
1.1. The Government of the Republic of Kenya, through its implementing agency, the Kenya National
Highways Authority (KeNHA) and support of the African Development Bank (AfDB) is upgrading of the
Mombasa – Mtwapa – Kwa Kadzengo - Kilifi Section of the Multi National A7 Highway. Towards this,
KeNHA has commissioned a Consultancy Study to Review the Feasibility Study, Environmental and Social
Impact Assessment, Resettlement Action Plan and Detailed Engineering developed under auspices of the wider
Multinational Malindi – Lunga Lunga/Tanga–Bagamoyo Road Corridor Development.

1.2. As part of the contract, and in line with existing national legislation and international practice, the
Consultant is expected to undertake Review of the Environmental and Social Impact Assessment (EIA) Report
previously prepared for the wider Project as specified in the Terms of Reference. This Report highlights salient
social and environmental issues associated with the design, construction and operational aspects of the Project.
The Report has been prepared under contract by Lead Experts from Repcon Associates, an Environmental
Firm of Experts duly registered and licensed by NEMA (NEMA Registration No. 0002) and other Government
of Kenya (GoK) agencies.

2. SCOPE OF THE ESIA STUDY

2.1. The ESIA Study covers the alignment of the proposed road in Mombasa and Kilifi counties details of
which are outlined in Chapter two below. Detailed scope of the ESIA is captured in the TORs for the Broader
Study as follows:-
• Detailed engineering design through all necessary data collection, field surveys and analysis to cover
all aspects of detailed design; including consideration of alternative routes and pavement options, road
safety and land acquisition,
• Environmental and Social Impact Assessment (ESIA) in accordance with Kenyan legislation, NEMA
guidelines; and AfDB guidelines for Integrated Social Safeguards (ISS).
• RAP Report to be in line with the current status of the road to ensure all issues regarding ROW are
addressed. Prepare a full Resettlement Action Plan (RAP) and associated surveys to identify and value
of property that will be affected by the road upgrading works along the road reserve
• Carrying out of gender analysis in relation to the proposed project as outlined in the detailed Terms of
Reference.
• Design of geometrics and pavement and all other aspects of the design in accordance with the
applicable Kenyan Road Design Manuals and current international engineering practices

2.2. The ESIA Report previously prepared for Multinational Malindi – Lunga Lunga Road was reviewed
against set standards namely:-
• Kenyan Standards: EMC(A) 2015 and LN 101 of 2003 ( of EMCA); other Kenyan legislation.
• AfDB Standards: Operational Safeguards for Integrated Social Safeguards (ISS).

Upon review of the existing ESIA Report, a full stand-alone Supplementary ESIA Study was mounted to bridge
all existing gaps. The decision to mount full supplementary ESIA Study was informed by findings that:-
The EIA License previously issued for the Multinational Malindi – Lunga Lunga Road had lapsed and hence
required to be updated. As well, and from the gap analysis undertaken of Malindi-Lunga Lunga ESIA process
as summarised in Tables 1 sustainable environmental and social management for the proposed dualling of the
Mombasa – Mtwapa – Kwa Kadzengo - Kilifi inclusive of the proposed Second Mtwapa Bridge.

Other reasons that would warrant a full cycle study include the following:-
• Culturally sensitive sites: The section of the A7 highway targeted for upgrading traverses several
sites of cultural interest including the Kisauni Bell Tower (Kengeleni Tower) gazetted as a National

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 Monument by the NMK since 1983, the Frere Town Community Church among others which required
clear mapping for preservation as part of the ESIA process.
• Ecologically Sensitive sites: Sites that will require focused attention during an ESIA process include
Bamburi Forest Block and its Haller Park, the Mtwapa Creek Ecosystem, seasonal lakes (marshlands)
such as Kadzengo, water courses such as Mtopanga among others. The Kadzengo marshland is habitat
for 5 AEWA Bird Species.
• Drainage challenges: On account of a largely flat, sometimes internally draining topography, the
entire A7 highway section between Kongowea and Mtwapa Bridge suffers a huge drainage problem
which spills over into sections of the Nyali Estate.
• The Question of economic displacement: The A7 Road between Mombasa and Mtwapa is an
Economic Corridor. There are many citizens deriving livelihoods through trading in the reserve of the
A7 Highway and their potential displacement in road upgrading is currently a major concern. As well,
Mtwapa is a dormitory town which houses labour for Mombasa Town and the latter is transported
through the A7 Road. Any disruption in passenger transport is likely to cause economic shocks in
Mombasa.

3. PROJECT DESCRIPTION AND JUSTIFICATION

3.1 Project Components: Fig 1 provides a geographic overview of the Mombasa-Mtwapa-Kadzengo-
Kilifi pass Road Project. The Project comprises of two sections amounting to 55.8 km as follows:-

• Linear Profile: Detailed components of the Project deemed to have displacement impact and which
is the subject of the RAP Study are summarized in Table 1 below while Figure 1. below traces the
entire traverse of the Project. The Project is packaged into two lots as follows:-
Table 3.1: Dimensions of the Road
Project
Linear extension Length (Km)
Lot

One Nyali Bridge to Mtwapa Bridge 13.5 km

Two Mtwapa Bridge to Kwa Kadzengo 7.3 km

Kwa Kadzengo to Kilifi bridge 35.0 km

Total road length 55.8 km

• Lot 1 starts from Mombasa (Nyali Bridge) and runs through Bombolulu, Bamburi and Shanzu to
terminate at the beginning of the Mtwapa Bridge (excluding the bridge) with a total length of 13.5 km.
• Lot 2 starts from Mtwapa Bridge (Including Bridge) through Mtwapa Township, Kikambala,
Kanamai, Kazdengo all through to Kilifi Town, with a total length of 42.3km. The scope for this lot
will include preliminary and detailed engineering design of a dualed Mtwapa Bridge (long span
bridge).

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 Figure 1: Map of the Project Area

3.2 Dimensions of the Project: In selecting road alignment and capacity, key considerations were made as
follows:-
• Maximised utilisation of existing A7 Road Reserve
• Adequate capacity for projected traffic volume
• Control of access into dual carriageway – grade separation
• Circulation of Local Traffic
• Provisions of NMT facilities

3.3 Width of road reserve and land requirement: The Mombasa-Mtwapa-Kadzengo-Kilifi Road has
been designed to Class A and will attract a reserve of 37m.

3.4 Structures of the Project: The main structures of the dualling project are shown in Figure 2 below.
The main objectives in providing structures are as follows:-

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 Figure 2: Typical Cross Section

 Vehicular traffic requirement in order to improve traffic flow, traffic safety and level of service;
 Pedestrian traffic in order to enable pedestrians navigate across highway safely and efficiently;
 Hydrology and hydraulic requirement in order to facilitate storm water be conveyed safely and
efficiently without impeding traffic flow;
 General safety requirement to ensure all users of the road or highway do so safely and cost effectively;
 Socio-economic impact to consider minimization or mitigate adverse socio economic impact on
potential Project Affected Persons (PAPs).

Junctions: The project has 9 main junctions as shown in the table below. Additionally, box culverts will be
provided wherever the Bypass intersects with an existing road.

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3.5 Drainage Structures: The main drainage feature within the Project Road is the Mtwapa Bridge with
Mtopanga and Bongolo being the other minor structure. A new bridge across Mtwapa will be provided.

3.6 Project Justification: Mombasa is the second largest city in Kenya and the major gateway to East and
Central Africa, therefore, serving a great hinterland with both export and import needs. The current road
network was originally designed for low traffic, with the main purpose of facilitating movement of vehicles
from the mainland to the islands CBD and the port of Mombasa. Most of the road network has not been
improved and cars and human traffic have continually increased over the years leading to congestion.

3.7 The proposal to upgrade the Mombasa-Mtwapa-Kadzengo-Kilifi Project is driven by the desire to ease
traffic flow between Mombasa and Mtwapa especially in the wake of development of Project Road. Further,
connection of Project Road to the Southern Bypass Road which links Mombasa to Tanzania through the Lunga
Lunga border will complete the Mombasa Western Bypass thus providing a functional bypass to traffic
destined for South Coast from North Coast and the vice versa thus freeing Mombasa and by extension, the
Likoni Ferry the agony of traffic congestion.

4. POLICY AND LEGAL FRAMEWORK

4.1. The Important Policies include the following
• The National Poverty Eradication Plan
• The Poverty Reduction Strategy Paper (1999)
• Sessional Paper No. 3 of 2009 on National Land Policy
• The Mombasa County Integrated Development Plan 2013-2017
• The Kilifi County Integrated Development Plan 2013-2017
4.2. The important legal framework that was reviewed for environmental management include the
following:
• Constitutional Provisions
• Under Cap 387, NEMA has gazetted legal tools that govern conduct of EIAs and general
environmental protection. The Proposed Road project by the KeNHA has been screened against these
tools with results that (Table 4.1) all nine tools will be triggered.

Table 4.1: project screening

Regulation Focus Status

Legal Notice 101 of June 2003 - Environmental (Impact This is the tool that gives legal foundation to conduct Triggered
Assessment and Audit) Regulations, 2003 of ESIA Studies in Kenya.

Legal Notice 160 of 1st Dec 2006- Environmental This legislation requires full measures be taken to Triggered
Management and Co-ordination Act (Conservation of prevent introduction of alien/ invasive species of flora
Biological Diversity) Regulations 2006 and fauna and is important because of the Prosopis
menace in the coast.

Legal Notice 19 (Wetlands, River Banks, Lake Shores Regulation 17 requires special measures to be taken to Triggered
and Sea Shore Management) Regulations, 2009 prevent siltation of the seashore.

Legal Notice 61 of 22nd May 2009- Environmental Sets standards for noise levels Triggered
Management and Co-ordination Act (Noise, and
Excessive Vibration Pollution)(Control) Regulations,
2009

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 Regulation Focus Status

Legal Notice 120 of 29th Sept 2006- Environmental Regulation 24 prohibits any kind of pollution of water Triggered
Management and Co-ordination Act (Water Quality meant for fisheries, recreation or any other use and sets
Standards) Regulations 2006 quality standards for diverse waters.

Legal Notice 121 of 29th Sept 2006- Environmental Sets standards for waste management Triggered
Management and Co-ordination Act (Waste
Management) Regulations 2006

Prevention of Pollution in Coastal Zone and other Regulation 3 prohibits discharge any hazardous Triggered
segments of the environment regulations, 2003 substance, chemical, oil or oily mixture into the
territorial waters of Kenya or any segment of the
environment.

National Sand Harvesting Guidelines, 2007 Sets guidelines for sustainable sand harvesting in Triggered
Kenya

Legal Notice 73 of 31st May 2007 - Environmental Sets guidelines on handling and use of controlled Triggered
Management and Co-ordination Act (Controlled substances. There will be need to screen investments
Substances) Regulations under the Master Plan for controlled substances

4.3. Inter-Sectoral Coordination in Environmental Protection: In recognition that Cap 387 is an

umbrella law coordinating diverse sectoral statutes all of which are still in force, Legal Notice 101 requires
that the respective sectors be consulted as Lead Agencies in making decisions pertaining to environmental
assessment for projects in respective sectors. This is to ensure that NEMA does not approve projects that
contradict sector policies and legislation. In conformity with this requirement, we have screened the proposed
development against most relevant statutes to map out the potential triggers. And in sections below, we
highlight such sectoral laws and policies likely to be triggered by the Proposed Road project.

• Roads Act 2007:

• The County Government Act 2012
• The Urban Areas and Cities Act 2011
• The Occupational Health and Safety Act of 2007
• The Water Act 2002:
• The Physical Planning Act (Cap 286):
• The Wildlife Management and Coordination Act 2013:
• The Forest Conservation and Management Act, 2016
• The Coast Development Authority Act No 6 of 1989 (Cap 444)
• The Public Health Act (Cap. 242)
• The Penal Code (Cap. 63)
• The Traffic Act, Cap. 403
• The Lands Act No. 6 of 2012:
• The Environment and Land Court Act No.19 of 2011:
• The Agriculture Act, Cap 318:
• The Agriculture (Farm Forestry) Rules, 2009
• Public Procurement and Disposal Act 2005:
• The National Museums and Heritage Act-Cap 216 (2006):

4.4. Codes, Specifications and Standards

• The Ministry of Roads - Environmental and Social Unit: The Ministry of Roads has established an
Environmental and Social Unit (ESU) in the Roads Department whose objectives is to achieve a
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 comprehensive policy in terms of environmental management in the road sub-sector and to strengthen
the capacity within the Ministry to be able to handle environmental and social issues.
• Standard Specification for Road and Bridge Construction Guidelines for Prevention and Control of
Soil Erosion in Road Works, 2010
• Environmental Guidelines for Roads and Bridges, 2010.

4.5. National legal provisions on gender equity and mainstreaming

• The National Constitution of August 2010
• National Gender and Development Policy (2000):
• The Sexual Offences Act (No. 3 of 2006)
• Other Policy/legal provisions for Gender mainstreaming:
i. Vision 2030 Flagship projects
ii. The Presidential Directive of 2006 on 30% women's’ appointments to all positions of
leadership employment and promotions
iii. MTPs handbook has gender outcome indicators
iv. Sessional Paper No.2 of 2006
v. Gender Department in the Ministry for Gender Children and Social Development.
vi. The National Commission on Gender and Development
vii. A National Framework on Gender-based Violence:

4.6. Institutional framework under Cap 387: In 2001, the Government established administrative
structures to implement EMCA, 1999 (now Cap 387) as follows:-The National Environment Council: The
National Environmental Management Authority: Public Complaints Committee: In the capacity of
Employer, KeNHA has administrative jurisdiction over the EIA process and will also act custodian of the
ESMP emanating from this study.

5. DESCRIPTION OF PROJECT ENVIRONMENT

5.1. Flora: The Coastal Plains area traversed by the Project Road falls within the catchment of the Tudor
and Mtwapa Creeks of the Indian Ocean in Mombasa which receive inflow from three sources namely as
follows: The Tudor Creek: The Tudor creek is a multiple channel drainage system receiving inflow from
numerous streams of which the Kombeni River is the longest and most dominant. The Kombeni originates in
the Nyika plateau in Maji ya Chumvi area as the Magambo and Madzimbo which join at Mariakani to form
the Kombeni stream to be joined by Mwangata just upstream of the C111 (Mazeras-Kaloleni) Road bridge
then flowing to enter Tudor Creek at Kisauni. Other tributaries to the Tudor Creek are the Mleji/Tsalu which
originates in the Coast Ridge at Kaloleni to join the Tudor Creek to the east of Bwagamoyo. The Mtsapuni
originates from the Kalliangombe/Kokotoni area as the Darajani which flows southwards to cross the C111 at
Mazeras, draining the coastal ridge into the coastal plateau where it is joined by other rivulets before joining
the Tudor Creek at Jomvu.

5.2. The Mtopanga River is a small stream that originates from the Nguu Tatu Hills area and drains the
Bamburi Settlement to cross the A7 near Bamburi Police Station just upstream of its Indian Ocean Mouth.
The Mtwapa Creek is a single valley served by the Mto Mkuu river which comprises numerous tributaries:-
Dzibana, Tsunguni, Lwondonyi all originating from the Kaloleni landmass and join downstream to form the
Mto Mkuu tributary of Mtwapa Creek.

5.3. Fauna: A total of 81 bird species were recorded in diverse habitats traversed with the highest count
of 41 birds being recorded around the Kadzengo marshlands. In terms of conservation status, a total of 81-bird
species were counted within the traverse area. All the 81 avian species recorded were screened for conservation
status against the IUCN RED LIST data and AEWA checklist with outcome that 8 birds are of concern in that
three species namely;- the Gray Parrot, Fisher’s Lovebird and Wooly necked Stork feature in the IUCN RED
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List Data (Table 6.4) on account of being Endangered, Near Threatened and Vulnerable while 5 species
namely;- the Zanzibar Somber Greenbul, Cattle Egret, Grey Heron, Sacred Ibis and the Three-banded Plover
are listed in the AEWA (Agreement on the Conservation of African-Eurasian Migratory Water Birds). All the
AEWA species are found in the seasonal Kwa Kadzengo marshland (WL) habitat which makes this marsh and
surrounding farmland very important habitat for migratory water birds.

5.4. Air Quality and Noise Baseline: Of all the six pollutants monitored, only ozone was not detected 1.
Prevalence of other pollutants was recorded. Particulate matter (PM 10)2 was detected in all the five sites but at
concentrations way below both the Kenyan and WHO specifications. Sulphur dioxide was detected at only
one site, near Bamburi in concentrations that are below the Kenyan threshold but way above the WHO limit
possibly on account of close proximity to the Cement manufacturer. Carbon monoxide was detected in all the
five sites but at concentrations much lower than the Kenyan and WHO thresholds. The concentration at Port
Reitz was however much higher than elsewhere. Nitrogen oxides (NOx) in the ambient air consist primarily of
nitric oxide (NO) and nitrogen dioxide (NO 2). These two forms of gaseous nitrogen oxides are significant
pollutants of the lower atmosphere. Another form, nitrous oxide (N 2O), is a greenhouse gas. At the point of
discharge from man-made sources, nitric oxide, a colourless, tasteless gas, is the predominant form of nitrogen
oxide. Nitric oxide is readily converted to the much more harmful nitrogen dioxide by chemical reaction with
ozone present in the atmosphere. Nitrogen dioxide is a yellowish-orange to reddish-brown gas with a pungent,
irritating odour, and it is a strong oxidant. A portion of nitrogen dioxide in the atmosphere is converted to nitric
acid (HNO3) and ammonium salts.

5.5. Of the 3 known oxides of nitrogen, only Nitrogen Dioxide was detected in the study area at
Bamburi but at concentrations below both the WHO and Kenyan limits. It is acknowledged that the major
sources of nitrogen dioxide are burning of fossil fuels which produce about 50% of all emissions from
anthropogenic sources and the location of Port Reitz near the Cement Manufacturer may explain the higher
prevalence of sulphur dioxide in the local air. This notwithstanding, levels of NO2 measured in Mombasa are
apparently quite low as annual mean concentrations of nitrogen dioxide in urban areas throughout the world in
the range of 20–90 μg/m3 have been reported (www.ifc.org). Maximum half-hour values and maximum 24-
hour values of nitrogen dioxide can approach 850 μg/m3 and 400 μg/m3, respectively while hourly averages
near very busy roads often exceed 1,000 μg/m3. The 26 μg/m3 measured for Port Reitz area is thus low by
international standards but nearer the threshold prescribed by the WHO thus meriting both monitoring and
mediatory action.

6. PROJECT ACTIVITIES
The project shall have three major activities namely construction, operation and decommissioning; these are
essentially the activities likely to account for all social and environmental impacts ensuing from the project.

6.1. Construction of Resident Engineer and Contractor Camps: This will include setting up of a
complex comprised of Offices, laboratory, accommodation, maintenance unit, material storage yard, fuel
dump, parking, messing area among others for both the RE and Contractor. Ordinarily and, depending on scope
of construction, one camp is adequate to meet such needs but, given logistical challenges posed by physical
barriers, there may be need to set up 3 camps to cater for Lot One and Two separately. Among other

1 Ground-level ozone also known as ‘bad ozone’ has no direct emission sources; it is entirely a secondary pollutant, formed when
nitrogen oxides and HC react in the presence of heat and sunlight (photochemical reactions in the atmosphere). These two pollutants
are often referred to as ozone precursors. Ozone destroys the photo-chemical smog. Its impacts include: Irritation of the respiratory
system leading to chest pain, coughing, anorexia, nausea and lung inflammation. Prolonged exposure can cause Permanent/chronic
lung damage.

2 PM10 represents the particle mass that enters the respiratory tract and it includes both the coarse (particle size between 2.5 and
10µm) and fine particles, those below 2.5µm in size.

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implication, such camps will require additional land acquisition.

6.2. Road forming Stage: This will entail activities such as stripping of top soil and Relocation of services:
Civil works will be preceded by relocation and repair of all utilities mainly power and water mains to ensure
uninterrupted supply. The utilities targeted specific action include numerous 132kV power transmission lines
and water supply mains (Malindi to North Coast).

6.3. Cut and Fill Activity: Road formation will entail earthworks by cutting to spoil, cutting to fill and
where necessary borrowing to fill. The bulk cutting will account for the bulk (61%) of earthwork estimated at
1.4 million cubic meters with filling accounting for the reminder 39% equivalent to 0.9 million cubic metres.
Essentially, a net surplus of 0.52 million cubic metres of cut soil will be generated and therefore in need of
safe disposal. All fill soil will be processed in layers by watering, mixing and compacting with heavy
equipment to the required compaction strength.

6.4. Material borrowing: Gravel (Murram) and hard stone material for construction of both sub
base and subgrade will be quarried from designated material sites and transported to the construction/material
bulking sites. Quantities of materials to be sourced will be analysed once the Materials Report is available.
Gravelling will also extend to detours, deviations, junction and accesses.

6.5. The Bituminous Surface: This will entail application of bituminous spray coat to the road,
spreading chippings on top and rolling the layer. The process is repeated for two layers.

6.6. Construction of Drainage Structures: Second to road formation and construction of bridges
and other drainage structure; - Culverts, headwalls for culverts and improvement of other drainage and soil
erosion protection works comprise the most costly aspect of road development. Considering the terrain around
the project area the project design has also included a storm drain culverts.
6.7.

6.8. Road Furniture: This will entail provision and erection of new road furniture (guardrails,
road signs, marker posts and speed bumps).

6.9. Landscaping works: This target restoration/ stabilization of exposed slopes through grassing
followed by restocking of displaced trees. Activities will include top-soiling, grass planting and watering until
growth are ensured and tree planting and watering until growth is ensured.

6.10. The Contractor will be required to maintain the road for a period of 24 months during
which, the main items of work will include:-
• Repair of any defects on the road and road furniture;
• Cleaning and de-silting culverts and road side drains;
• Regular road markings;
• Grass and bush clearing within the road reserve;
• Removal of construction camps, removal of un-used material stockpiled on the road, tidying
and general cleanness of the road and construction sites.

7. STAKEHOLDER AND COMMUNITY ENGAGEMENT

7.1 Stakeholder identification in the ESIA applied three core criteria as follows.
• Fundamental Right Holders (FRH): These may hold fundamental rights to strategic
resources in the traverse and receiving area.

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 a. Stakeholders to land: This category includes individual, corporate and other
categories of owners and occupants to land and land based resources in the traverse
area.
b. Residents along the traverse: These is the category who will have their lives
changed either on account of displacement of private or common property, intensified
pressure from land speculators, exposure to traffic accidents, imposition of barriers to
movement and access to resources, among others.
• Operators of capital resources: This category includes utility providers owning water, power
supply and oil pipelines which may be affected by the road,
• Legal Mandate Holders (LMH) within target jurisdiction: Stakeholders identified under
this category include those in National Government, County Government and State
Corporations whose mandates confer jurisdiction over areas traversed by the project road.

7.2 Stakeholder engagement is a continuous process, during the preparation of the project a total of 603
persons and there was general support for the project. The keys issues that have been integrated in the design
include the following:
• Issues to integrate in the design
• Issues to integrate in the RAP implementation process
• Issues to integrate in the ESMP implementation process
• Guidance on scheduling of relocation of utilities
• Issues relating to ecological sensitive sites and proposed mitigation
• General mitigation measures.
It is expected that more stakeholder comments will be received to further shape and further inform project
development

8. MAJOR BENEFICIAL AND ADVERSE IMPACTS

8.1 In predicting the potential impacts likely to ensue from implementation of project activities impacts, a
checklist of environmental impacts developed by diverse authorities (FAO, 1986; EU 1993) has been
employed. Interpretation of impacts was based on a ranking system of high, moderate and low depending on
the nature, scope (temporal and geographical) and resilience of the impacts. Impacts can be positive or
negative, direct or indirect. The magnitude of each impact is described in terms of being significant, minor or
negligible, temporary or permanent, long-term or short-term, specific (localized) or widespread, reversible or
irreversible. Generally, temporary impacts having no obvious long-term consequences are regarded as being
minor. But those with long-term repercussions are classified as significant. Significant positive impacts are
usually associated with improved access, which is the prime objective of the roads construction project.
Potential impacts on various environmental components due to different project activities during pre-
construction, construction and Operation stages have been identified Table 8.1 below outlines impacts
anticipated from the Project Road.

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 Table 8.1: Project Beneficial and Negative Impacts

Source of Potential for

Project Severity
Serial Potential Impact Persistence secondary
Phase Impact *3
impacts

1.1 Creation of temporary 2P Short-term

opportunities for gainful
employment

1.2 Generation of additional site- P Long-term

Design Stage Design specific data /study reports
(1) Studies,
field 1.3 Capacity building and P Long-term
surveys
( sensitization
and 1
inventories
) 1.4 Minor site disturbances from N Short-term Reversible None
dredging, bush clearing etc. during
survey work

1.5 Minor accidents during survey N Short-term Reversible Minor

work

2.1 Business opportunities in supply 2P Short term

and transport of construction
materials

2.2 Opening access to remote areas 2P Long-term

through construction of access
routes
Supply of
2.3 Generation of GHG in the N Short-term Reversible Climate change
materials
transportation of construction and impacts
materials

2.4 Road hazards in material N Short-term Reversible Irreversible

transportation impacts

2.5 Degradation along material 2N Long-term Reversible Social and

sourcing and transport economic costs

Construction 2.6 Short-term opportunities for 2P Long-term

Phase (2) business and employment in
construction

2.7 Revenue to GoK and Local P Short-term

Authorities through taxes

2.8 Opportunity for change P Long-term

Constructi 2.9 Cash income in land acquisition 2P Long-term

on work and compensation

2.10 Displacement of people and 2N Long term Reversible Escalating

property from ROW corridor poverty

2.11 Displacement from livelihoods 2N Long-term Reversible Escalation of

poverty

2.12 Opportunity costs on land taken by 2N Long-term Reversible Economic costs

ROW

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Assignment of a severity and likelihood factor for each potential impact to determine the residual risk rating (residual
risk ranking = severity factor multiplied likelihood factor) and its significance as either low, minor, moderate, major or
critical. In this case N refers to Negative and P refers to Positive.
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 Source of Potential for
Project Severity
Serial Potential Impact Persistence secondary
Phase Impact *3
impacts

2.13 Potential impact on cultural sites 2N Long-term Irreversible Loss of

and monuments heritage

2.14 Slope destabilization in riparian 2N Long-term Reversible Economic costs

areas

2.15 Alteration of the physical 2N Long-term Irreversible Loss of identity

landscape

2.16 Sediment deposition in mangrove 2N Long-term Reversible Weakened

and tidal flat areas ecological
control

2.17 Destroyed habitat for macro 2N

benthic fauna in mangrove and
tidal flat areas through siltation

2.18 Risk of fire hazards N Short-term

reversible

2.19 Loss of carbon sinks in destroyed 2N Long-term Reversible GHG concerns

cover vegetation

2.20 Introduction of invasive/ alien 2N Long-term Irreversible Weakened

species in construction materials ecological
control

2.21 Nuisances-dust, fumes, vibrations 2N Short-term Reversible Health risks

from operation of plant and
equipment

2.22 Socio-impacts of construction N Short-term Reversible Hazards to

crew and labour camps public health

2.23 Occupational health and safety N Short-term Reversible Impacts of

concerns for construction crew injuries and
occasional
death

2.24 Disruption of village life by 2N Short-term Reversible Social costs

construction activity

2.25 Disruption of existing N Short-term Reversible Economic costs

infrastructure (Water mains,
Power transmission and data
cables)

2.26 Destruction of biodiversity held in N Long-term Reversible Loss of

undisturbed sites biodiversity

2.27 Loss of carbon sink from loss of 2N Long-term Reversible GHG build-up
7200 trees

2.27 Sanitation concerns from N Short-term Reversible

construction crew

2.28 Pressure on water resources N Short-term Reversible

2.29 Pollution from construction waste, N Short-term Reversible

waste oils and spares

Operation 3.1 Benefits from decommissioned 2P Long-term

Operation
Phase (3.0) contractor and Engineers Camp
of the

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 Source of Potential for
Project Severity
Serial Potential Impact Persistence secondary
Phase Impact *3
impacts

completed 3.2 Provision of a function road 2P Long-term

highway connection to North Coast

3.3 Opening up of rural areas to 2P Long-term

development and investment

3.4 Enhanced delivery of services in 2P Long-term Irreversible

Medicare, education, admin,
telecommunication, etc.

3.5 Enhanced passenger and cargo 2P Long-term Irreversible

movement

3.6 Enhanced visitor access to the P Long-term

North Coast Tourist attractions

3.7 Reduced traffic congestion on new 2P Long-term Reversible

road

3.8 Opportunity for self-employment 2P Long-term Irreversible

in public transport

3.9 Enhanced value of property along 2P Long-term Irreversible

upgraded road

3.10 Pressure on resources and services 2N Long term Irreversible

from emerging urban settlements
attracted by the new road

3.11 Pollution of Tudor and Mtwapa 2N Long-term Irreversible Ecological

creeks from road runoff risks

3.12 Curtailed access and ease of 2N Long-term Irreversible Disruption of

movement in villages by the social
physical barrier coherence

3.13 The hazard of traffic accidents 2N Long-term Irreversible Economic costs

from speeding vehicles

3.14 Reduced productivity of N Long-term Reversible Weakened

vegetation shaded by new bridge ecological
control

3.15 Curtailed movement of reptiles 2N Long-term Irreversible

and small mammals by the road
embankment

3.16 Alteration of local hydrology and 2N Long-term Irreversible Land

drainage by paved road surface degradation
from erosion

3.17 Loss of biodiversity from N Long-term Reversible Reduced

settlements along new road habitat for
avian fauna

3.19 Increased atmospheric pollutants N Long-term Irreversible Will compound

and noise from motor vehicles an existing
problem

60 31P (31 positive outputs, mainly long-term), Some adverse impacts area
Net environmental worth of
irreversible
the project pre-mitigation 54N (54 adverse outputs, 22 long-term, 19 irreversible),

15
 Source of Potential for
Project Severity
Serial Potential Impact Persistence secondary
Phase Impact *3
impacts

Net score=23N (Overwhelming net negative impact before

mitigation)

16
 9. MAJOR MITIGATION MEASURES
9.1 The Impact Mitigation Plan summarized in Table 9.1 below reflects respective action at the design, construction and operation phases of the
Project Road. Site disturbance during field surveys have been minimized through use of existing tracks to access sites of interest and always to avoid
crop damage. As well, for field work, sober and serious-minded survey teams were selected and sensitized on the need to observe safety requirements
during enumeration and site surveys and this has greatly mitigated incidence of accidents.
Table 9.1. Matrix for Mitigation Measures
Post
Source of Severity
Project Phase Serial Potential Impact Mitigation Legal provision mitigation
Impact *
severity
Design 1.1 Creation of temporary opportunities for gainful employment 2P
Studies, field 1.2 Generation of additional site-specific data /study reports P
surveys and 1.3 Capacity building and sensitization P
Design Stage inventories 1.4 Minor site disturbances from dredging, bush clearing etc during 0 Rehabilitation EMCA 1999 0
survey work
1.5 Minor accidents during survey work 0 Safety precautions OSHA 2007 0
Supply of 2.1 Business opportunities in supply and transport of construction 2P
materials materials
2.2 Opening access to remote areas through construction of access 2P
routes
2.3 Generation of GHC in material transport and road construction N Minimize distance travelled EMCA 1999 0
2.4 Road hazards in material transportation N Follow traffic code Traffic Act 0
2.5 Degradation along material sourcing and transport N Source from existing quarries/subject new EMCA 1999 0
quarries to EIA process
Construction 2.6 Short-term opportunities for business and employment in 2P
work construction
2.7 Revenue to GoK and Local Authorities through taxes P
2.8 Opportunity for change P
2.9 Cash income in land acquisition and compensation 2P
2.10 Displacement of people and property from ROW corridor 2N Just and fair compensation Kenya p
Construction Constitution 2010
Phase
2.11 Displacement of livelihoods N Provide alternatives and compensation for Ditto P
lost income
2.12 Opportunity costs on land taken by ROW N Compensated for by opportunities for p
investment
2.13 Loss of cultural assets N Realign to avoid displacement Cap 261 0
2.14 Slope destabilization in the Creek areas N Soil stabilization works EMCA 1999 0
2.15 2N Irreversible EMCA 1999 2N
2.16 Interference with habitat for avifauna N Minimize disturbance EMCA 1999 0
2.17 Impact on fishing due to sediment deposition N Adopt controlled blasting EMCA 1999 0
2.18 Destroyed habitat for macro benthic fauna in mangrove and N Use of viaduct structures P
tidal flat areas
2.19 Sediment generation into Tudor and Mtwapa Creeks N Recovery for debris for safe disposal 0
2.20 Loss of carbon sinks in destroyed cover vegetation N Recreation of mangrove stands P
2.21 Introduction of invasive/ alien species in construction materials 2N Screening of material source areas N

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 Post
Source of Severity
Project Phase Serial Potential Impact Mitigation Legal provision mitigation
Impact *
severity
2.22 Impact on endangered flora species 2N Mapping out distribution of the species for N
conservation
2.23 Nuisances-dust, fumes, vibrations from operation of plant and N Prudent phasing of civil works to minimize 0
equipment disturbance
2.24 Socio-impacts/ public Health concerns from construction crew N Implement an aggressive HIV/ AIDS 0
and labour camps control programme-Appendix 10.1
2.25 Occupational health and safety concerns for construction crew N Follow Contractors Code- Appendix 10.1 N
2.26 Disruption of village life by construction activity N Facilitate participatory management P
2.27 Disruption of existing infrastructure (MAWASCO pipeline, Oil N Prompt replacement/ upgrading of damages p
pipeline, etc.)
2.28 Destruction of biodiversity held in non-disturbed sites N Soil recovery and re-use P
2.29 Loss of carbon sink from loss of 7200 trees N Recreate all lost cover P
2.30 Sanitation concerns from construction crew N Provide adequate-gender friendly toilets 0
2.31 Pressure on water resources N Provide additional sources P
2.32 Pollution from construction waste, waste oils and spares N Apply 3 Rs principle P
Operation of 3.1 Benefits from decommissioned contractor and Engineers Camp 2P
upgraded 3.2 Provision of a function road connection to South Coast 2P
highway 3.3 Opening up of rural areas to development and investment 2P
3.4 Enhanced delivery of services in Medicare, education, admin, 2P
telecommunication, etc.
3.5 Enhanced passenger transiting Ex North Coast 2P
3.6 Enhanced visitor access to the Rabai Kayas P
3.7 Reduction of accidents P
3.8 Reduced congestion at Mombasa CBD P
3.9 Reduced traffic congestion along B8 highway 2P
3.10 Opportunity for self-employment in public transport 2P
3.11 Enhanced value of property prices in South Coast and along 2P
Bypass
3.12 Opening up of Mtwapa hinterland 2P
3.13 Pollution of Mtwapa and Tudor creeks from road runoff N Pollution threat from bridges quite small, 0
Operation Phase install filter in weighbridge station alone
3.14 Impact on Tourism on Mtwapa Creek 2N Review of project design to explore other 0
alternatives
3.15 Curtailed access and ease of movement in villages by the N Provide adequate functional crossings N
physical barrier
3.16 The hazard of traffic accidents along bypass 2N Ditto but fence out all school compounds N
3.19 Reduced productivity of mangroves covered by the bridge N MRP to expand areas under mangrove P
cover
3.20 Curtailed movement of reptiles and small mammals by the road N Provide functional tunnels N
embankment
3.21 Alteration of local hydrology and drainage by paved road N Harnessing of runoff for water supply P
surface
3.22 Loss of biodiversity to increased settlement 2N Massive reforestation with locally Forests Act 2005 P
important spp
3.23 Increase in atmospheric pollutants and noise N Planting of shelter wood belts and noise EMCA 1999 N
abatement measures

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 Post
Source of Severity
Project Phase Serial Potential Impact Mitigation Legal provision mitigation
Impact *
severity
Net environmental worth of the 28N (61N, 33P) 28N 41P (51P,10N)
project

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10. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN
10.1 Modalities for mitigation of impacts and their phasing are presented in the Environmental Mitigation and
Management Plan. However, planning for the mitigation will take place at design stage (this stage) to ensure that
such mitigation is incorporated and allocated for in the project design. Thus, the first action in mitigation will be a
thorough scrutiny of the Design Report to ensure that the ESMP provided in this report has been fully incorporated
and allocated for. Further, all mitigation to be implemented during civil works will be allocated for in the Bills of
Quantities and captured in the Contract for Construction. KeNHA will hire a qualified Resident Engineer to ensure
full implementation of contractual tasks in mitigation.

10.2 Majority of impacts have readily available means for mitigation while some of the negative impacts will
acquire positive effects after mitigation. Thus, upon application of the Impact Mitigation Programme, majority of
the impacts are dispensed with and the project is likely to achieve an overwhelming net positive effect. It is expected
that there will be no land acquisition within the scope of the proposed work.

10.3 Mitigation of impacts associated with civil works has been planned in the design and allowance has been
made in the Bills of Quantities (BOQs). Also, the contract for civil works bears several relevant clauses binding the
contractor to implement environmental and social mitigation as outlined in Table below.

10.4 The Compliance Monitoring Strategy: This activity is essential to ensure implementation of recommended
mitigation measures and to thus secure the overall environmental quality of any project. The monitoring activities
should primarily target implementation of recommended mitigation measures in addition to surveillance for new
impacts. Table 10.1 provides an M&E matrix for the Project Road with a full complement of criteria and indicators.
In addition to specification of impacts and required mitigation activities, the plan also identifies key players in each
activity and the recommended timing of interventions. The Environmental and Social Action Plan for the Roads
Project also essentially constitutes its compliance monitoring program. Key features of the compliance monitoring
programme are as follows:-

10.5 The Monitoring Authority: The burden of implementing impact mitigation will fall on the Project
Contractor under supervision by KeNHA in the capacity of Employer. Through the Supervisor of Works (SOW),
KeNHA will monitor activities of the Contractor to ensure compliance with contractual requirements including
implementation of this EMP. Where issues not anticipated in this report do arise, the SOW will notify KeNHA for
action.

10.6 Need for NEMA to participate in Site Meetings: NEMA is the body charged under Cap 387 with overall
coordination of environmental management in Kenya. While NEMA coordinates this by regulating the EIA process
for projects, there is need for NEMA to follow-up further on implementations of ESMPs as prepared for this project.
This ESMP therefore, recommends that the County Environmental Officers for Mombasa and Kilifi be invited to
site meetings on this project and is facilitated to attend the same under the project. By being represented in site
meetings, NEMA will enjoy an excellent opportunity to monitor implementation of the ESMP and to keep track on
any emerging issues. In order to enhance impact mitigation and monitoring at local level, alongside NEMA, the
District Roads Engineer should participate in the Site Meetings.

10.7 Costs in implementing the ESMP: A sum of KShs 3,312,742,369 will be required in environmental and
social mitigation as detailed in Table 10.4 below. Of this, land acquisition will account for 92.35% as illustrated
below.

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 Table 10.1: Costs in implementing the ESMP
Item Cost (KShss) % allocation

Env. and social mitigation 69,826,600 2.11

RAP 3,059,354,500 92.35

Contingencies and Operation Costs 183,561,270 5.54
Total 3,312,742,370 100

11. SUMMARY AND CONCLUSION

11.1 The core outcome of the ESIA Study is an ESMP developed to guide resolution of adverse impacts
occasioned by development of the road project. The ESMP comprises four core elements namely: - the Impact
Mitigation Plan, the Monitoring Plan, a budget for implementation and modalities for institutional coordination and
role play.

11.2 The core mitigation strategy in the project was to review and adopt a route alignment that served to
avoid, reduce and manage environmental and social concerns as follows:-

• Design decision to include viaducts in heavily settled sections so as to cut down on physical displacement.
• Design options which include preservation of the culturally sensitive Kengeleni Bell Tower, the Frere
Community Church etc both of which are monuments associated with descendants of survivors of the slave
trade.
• Selecting an alignment that avoided most of the Haller park and Bamburi Nature trail
• Selecting an alignment that could affect the least number of PAPs.
• Selecting an alignment that avoided by passing Mtwapa which would have displaced vast interests
including assets of the Kenya Agriculture and Livestock Research Organization (KALRO).

11.3 To the largest extent possible, the strategy and action plan in formulating the ESMP is to prevent impact
occurrence, then move to mitigate inevitable occurrence-a position secured by ensuring that recommendations made
here-in are incorporated into and influence final outcome of the project design process in which case, the latter
process also becomes part of the mitigation programme. In pursuit of this strategy, all mitigation will be sealed at
Detailed Design Stage by adopting measures as follows:-
✓ The Environmental and Social Management Plan unveiled in Chapter Twelve below will be integrated into
the Final Design Report- as a standalone chapter and also to moderate design decisions
✓ The will provided for in the BOQs to ensure funding allocation for environmental and social mitigation
✓ Clauses binding parties to affirmative action on the ESMP will be integrated into Contracts for Construction
to ensure that the contractor is legally bound to implement impact mitigation.
The burden of mitigation largely lies with the Project Contractor under supervision by KeNHA through the
Supervising Consultant. Key observations are that most adverse impacts are short-term and will disappear once
civil works ends while residual impacts will require careful monitoring and coordination with relevant Lead
Agencies.

11.4 A sum of KShs 3,312,742,370 will be required in environmental and social mitigation of which, 92.35%
will go to land acquisition with the rest being available to the Contractor for purposes of environmental restitution.
The core monitoring strategy for this project will be through site meetings, in which case, it is recommended that

21
respective County Environmental Coordinators for Mombasa and Kilifi be invited to such meetings. Other
stakeholders such as the County Labour Officer should also initially attend such meetings to ascertain that measures
towards securing the health and safety of workers have been put in environmental and quality audits during the
Defect Liability Period and the Contractor will be liable to repair all defects including those pertaining to
environmental mitigation.
11.5 Overall, it is the impression of this study that, the proposed road upgrading project is a major economic
undertaking to which national and regional development targets are tied. It is a vital transport artery and, subject to
adoption of mitigation measures and proposal made here-in, it should be supported by all.

12. REFERENCES AND CONTACTS

12.1 Reference

GOk (2019) Environmental and Social Impact Study for Proposed Upgrading of MOMBASA – MTWAPA – KWA
KADZENGO-KILIFI (A7) SECTION

12.2 Contacts
For more information, please contact:
FOR AfDB
1. Z. TESSEMA: [email protected]
2. E.B. KAHUBIRE, Social Development Officer: [email protected]

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