Envi

Environmental and Social Management Framework
Nairobi Metropolitan Services Improvement Project
Implementer: Ministry of Nairobi Metropolitan Development (Nairobi Metropolitan Services

Improvement Project (NaMSIP)
Activity: Technical assistance for the Preparation of an Environmental and Social

Management Framework for Infrastructure Investments
Report Title: Draft Environmental and Social Management Framework for Nairobi Metropolitan
Services Improvement Project.
Name and Address of Expert:
Mr. Harrison W. Ngirigacha (MSc. WERM, BSc. Chem. NEMA Reg.)

Aquaclean Services Limited
Lead EIA Expert (NEMA Reg. No. 027)
P. O. Box 1902 – 00100,
Nairobi, Kenya
Tel. 0722 809 026, 0733 139 786

Email: ngirigacha@yahoo.com, aquaclean2008@gmail.com;
Implementing Organization:
Ministry of Nairobi Metropolitan Development,

P. O. Box 30130 – 00100
Nairobi, Kenya
Tel. 020 317246/317235.
Ministry of Nairobi Metropolitan Development Page 1 of 102 Consultant: Harrison W. Ngirigacha

NAIROBI METROPOLITAN DEVELOPMENT REGION

Table of Contents
ACRONYMS ...............................................................................................................................................................7
GLOSSARY OF TERMINOLOGIES.........................................................................................................................8
EXECUTIVE SUMMARY .........................................................................................................................................10
CHAPTER 1: INTRODUCTION .........................................................................................................................18
1.1 BACKGROUND ...................................................................................................................................................18

1.2 THE ASSIGNMENT .............................................................................................................................................18
1.3 ESMF PURPOSE...............................................................................................................................................19
1.4 ASSIGNMENT OBJECTIVES ................................................................................................................................19
1.5 SCOPE ...............................................................................................................................................................20
1.6 APPROACH ........................................................................................................................................................20
1.6.1 Basic Tasks ............................................................................................................................................20
1.6.2 Desk Studies ..........................................................................................................................................21
1.6.3 Field Visits...............................................................................................................................................22
1.7 OUTPUTS ...........................................................................................................................................................22
1.7.1 The Overall Output ................................................................................................................................22
1.7.2 Specific Outputs .....................................................................................................................................22
CHAPTER 2: THE PROJECT DESCRIPTION.................................................................................................24
2.1 THE NAIROBI METROPOLITAN AREA ................................................................................................................24

2.2 NAIROBI METROPOLITAN ZONES ......................................................................................................................25
2.2.1 Northern Zone ........................................................................................................................................25
2.2.2 Southern Zone........................................................................................................................................26
2.2.3 Eastern Zone ..........................................................................................................................................26
2.2.4 Central Zone...........................................................................................................................................27
2.3 THE METROPOLITAN SOCIAL OUTLOOK ...........................................................................................................27
2.3.1 Urban Setting .........................................................................................................................................27
2.3.2 Transitional Setting................................................................................................................................28
2.3.3 Rural Setting...........................................................................................................................................28
2.4 THE NAIROBI METROPOLITAN SERVICES IMPROVEMENT PROJECT (NAMSIP) ..............................................28
2.5 PROJECT COMPONENTS ...................................................................................................................................29
2.5.1 Component 1 (Institutional Reform and Planning)............................................................................29
2.5.2 Component 2 (Critical Local Government Infrastructure and Services) ........................................29
2.5.3 Component 3 (Critical Metro Infrastructure and Services) ..............................................................30
2.5.4 Component 4 (Project Management, Monitoring and Evaluation) .................................................30
2.6 SUB-PROJECTS ANALYSIS ................................................................................................................................30
CHAPTER 3: ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS ...............................................33
3.1 OVERVIEW .........................................................................................................................................................33

3.2 ENVIRONMENTAL SETTING ................................................................................................................................33
3.2.1 Topography.............................................................................................................................................33
3.2.2 Drainage and Hydrology .......................................................................................................................33
3.2.3 Water Resources ...................................................................................................................................34
3.2.4 Water Supply ..........................................................................................................................................35
3.2.5 Air Quality ...............................................................................................................................................37

3.2.6 Geology and Soils..................................................................................................................................38
3.2.7 Climatic Conditions................................................................................................................................38
3.2.8 Biodiversity .............................................................................................................................................39
3.3 SOCIAL AND ECONOMIC SETTING .....................................................................................................................40
3.3.1 Location...................................................................................................................................................40
3.3.2 Population Distribution and Settlement Patterns ..............................................................................40
3.3.3 Land Tenure and Land Use .................................................................................................................41
3.3.4 Encroachments Status ..........................................................................................................................41
3.3.5 Land Use.................................................................................................................................................42
3.3.6 Income and Poverty Levels ..................................................................................................................42
3.3.7 Economic Activities................................................................................................................................42
3.3.8 Infrastructure ..........................................................................................................................................43
3.3.9 Socio-cultural Profile .............................................................................................................................44
CHAPTER 4: POLICY AND LEGAL FRAMEWORK ......................................................................................45
4.1 NATIONAL POLICIES ..........................................................................................................................................45

4.1.1 The Constitution of Kenya ....................................................................................................................45
4.1.2 Kenya Vision 2030.................................................................................................................................46
4.1.3 Nairobi Metro 2030 ................................................................................................................................46
4.1.4 MoNMED Strategic Plan (2008 – 2012) .............................................................................................46
4.1.5 The Land Policy (2007).........................................................................................................................47
4.1.6 National Environmental Action Plan....................................................................................................48
4.1.7 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development .........................48
4.1.8 Forest Policy...........................................................................................................................................48
4.1.9 The National Biodiversity Strategy, 2007 ...........................................................................................49
4.1.10 National Policy on Water Resources Management and Development ..........................................49
4.1.11 Wildlife Policy .........................................................................................................................................50
4.1.12 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper
(PRSP) 50
4.2 LEGAL ASPECTS................................................................................................................................................52
4.3 W ORLD BANK SAFEGUARD POLICIES TRIGGERED BY NAMSIP......................................................................60
4.3.1 OP/BP 4.01 (Environmental Assessment) .........................................................................................60
4.3.2 OP/BP 4.04 (Natural Habitats).............................................................................................................62
4.3.3 OP/BP 4.11 (Physical Cultural Resources) .......................................................................................62
4.3.4 OP/BP 4.12 (Involuntary Resettlement) .............................................................................................62
4.3.5 OP/BP 4.36 (Forests) ............................................................................................................................63
4.4 ACTIVITIES TRIGGERING W ORLD BANK SAFEGUARDS ....................................................................................63
CHAPTER 5: INSTITUTIONAL FRAMEWORK...............................................................................................64
5.1 MINISTRY OF NAIROBI METROPOLITAN DEVELOPMENT ...................................................................................64

5.2 NAMSIP STRUCTURE .......................................................................................................................................65
5.3 SUB-PROJECTS ENVIRONMENTAL AND SOCIAL MANAGEMENT STRUCTURE ..................................................66
CHAPTER 6: ENVIRONMENTAL AND SOCIAL LINKAGES........................................................................67
6.1 PHYSICAL ENVIRONMENTAL ISSUES .................................................................................................................67

6.2 SOCIAL AND ECONOMIC LINKAGES ...................................................................................................................67
6.2.1 Social Issues ..........................................................................................................................................67

6.2.2 Economic Issues....................................................................................................................................68
6.3 SUB-PROJECTS CLUSTERS AND LINKAGES .....................................................................................................68
6.4 CROSS CUTTING ISSUES ..................................................................................................................................77
6.4.1 Gender Linkages....................................................................................................................................77
6.4.2 HIV/AIDS and other Infections .............................................................................................................77
6.4.3 Health and Safety Issues......................................................................................................................77
6.4.4 Institutional Linkages.............................................................................................................................77
6.4.5 Physically Challenged Persons ...........................................................................................................77
CHAPTER 7: ENVIRONMENTAL AND SOCIAL MANAGEMENT PRINCIPLES ........................................78
7.1 OVERVIEW .........................................................................................................................................................78

7.2 ROLES AND RESPONSIBILITIES .........................................................................................................................78
7.2.1 Stakeholders’ Clusters ..........................................................................................................................78
7.2.2 Roles and Responsibilities for Components ......................................................................................78
7.2.3 Specific Stakeholders Roles and Responsibilities ............................................................................79
7.3 CAPACITY REQUIREMENTS ...............................................................................................................................81
7.3.1 Capacity for Monitoring and Evaluation..............................................................................................81
7.3.2 Training ...................................................................................................................................................81
7.3.3 Equipment/Facilities ..............................................................................................................................82
7.3.4 Compliance Tools ..................................................................................................................................82
7.3.5 Technical Assistance ............................................................................................................................82
7.3.6 Information and Data Resources.........................................................................................................82
7.3.7 Impacts Management............................................................................................................................83
7.4 PROCEDURES AND METHODOLOGIES FOR NAMSIP .......................................................................................83
7.4.1 Sub-Project Planning and Screening ..................................................................................................83
7.4.2 Project Alternatives................................................................................................................................83
7.4.3 Sub-Project Review and Disclosure....................................................................................................84
7.4.4 Sub-Project Approval ............................................................................................................................84
7.4.5 Sub-Project Implementation.................................................................................................................85
7.4.6 Supervision of Implementation ............................................................................................................85
7.5 TIMEFRAME .......................................................................................................................................................85
7.6 MONITORING PARAMETERS ..............................................................................................................................85
7.7 ESMF FINANCING STRATEGIES .......................................................................................................................87
CHAPTER 8: ESMP PRINCIPLES....................................................................................................................88
8.1 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS (ESIA) .......................................................................88

8.1.1 Main ESIA Objectives ...........................................................................................................................88
8.1.2 ESIA Scope ............................................................................................................................................88
8.1.3 ESIA Methodology Outline ...................................................................................................................88
8.2 GENERAL ESIA APPROACH..............................................................................................................................89
8.2.1 Scoping Process ....................................................................................................................................89
8.2.2 Documentary (Literature) Review........................................................................................................89
8.2.3 Field Assessment ..................................................................................................................................89
8.2.4 Detailed ESIA Study Activities .............................................................................................................90
8.2.5 Public Consultations ..............................................................................................................................90
8.2.6 Reporting.................................................................................................................................................90
8.3 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) .........................................................................90

8.3.1 ESMP Principles ....................................................................................................................................90
8.3.2 NaMSIP ESMPs.....................................................................................................................................91
8.3.3 Management Responsibilities ..............................................................................................................92
8.3.4 Environmental Management Guidelines ............................................................................................92
8.3.5 Environmental Education and Awareness Raising ...........................................................................93
8.3.6 Decommissioning Process ...................................................................................................................93
8.3.7 ESMP Matrix...........................................................................................................................................93
CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS ...................................................................... 100
9.1 CONCLUSION ...................................................................................................................................................100

9.2 RECOMMENDATIONS .......................................................................................................................................101
REFERENCES ....................................................................................................................................................... 102
LIST OF TABLES
TABLE 1: NAIROBI METROPOLITAN SPATIAL AREA .....................................................................................................27

TABLE 2: COMPONENT SUB-PROJECTS ANALYSIS .....................................................................................................31
TABLE 3: W ATER QUALITY RESULTS (OIL/GREASE, TSS, PH, TDS) ........................................................................35
TABLE 4: AIR QUALITY RESULTS .................................................................................................................................37
TABLE 5: ADMINISTRATIVE UNITS OF THE METROPOLIS .............................................................................................40
TABLE 6: POVERTY INDICATORS OUTSIDE THE NAIROBI CENTRAL ZONE...................................................................42
TABLE 7: NOTABLE ECONOMIC ACTIVITIES .................................................................................................................43
TABLE 8: KEY ENVIRONMENTAL LEGAL SECTIONS IN KENYA .....................................................................................52
TABLE 9: OP/BP 4.01 ENVIRONMENTAL ASSESSMENT..............................................................................................61
TABLE 10: SAFEGUARDS TRIGGERING MATRIX .............................................................................................................63
T ABLE 11: SUB-PROJECT CLUSTERS LINKAGES TO ENVIRONMENT AND SOCIAL ASPECTS ..................................69
TABLE 12: STAKEHOLDERS CATEGORIES......................................................................................................................78
TABLE 13: STAKEHOLDERS RESPONSIBILITIES .............................................................................................................79
TABLE 14: SCHEDULE OF MONITORING PARAMETERS..................................................................................................85
TABLE 15: ESMP MATRIX TEMPLATE ...........................................................................................................................95
LIST OF FIGURES
FIGURE 1: NAIROBI METROPOLITAN REGION LOCATION MAP ......................................................................................24

FIGURE 2: POPULATION BY COUNTIES IN 2009 ............................................................................................................41
FIGURE 3: TRANSPORT INFRASTRUCTURES METROPOLITAN .......................................................................................44
FIGURE 4: MINISTRY ORGANIZATIONAL STRUCTURE ....................................................................................................64
FIGURE 5: NAMSIP CONCEPTUAL ORGANIZATIONAL STRUCTURE ..............................................................................65
FIGURE 6: SUB-PROJECTS ENVIRONMENT AND SOCIAL SUPERVISION STRUCTURE ...................................................66

Acronyms
ASAL Arid and Semi Arid Land

AWSB Athi Water Services Board
CBD Center Business District
EA Environmental Audit
EAPC East Africa Portland cement
EMCA Environment Management and Coordination Act
EPZ Export Processing Zone
ESIAs Environmental and Social Impact Assessments
ESMF Environmental and Social Management Framework
ESMP Environmental and Social Management Plans
GPS Geographical Positioning System
ISWM Integrated Solid waste Management
KeNHA Kenya National Highway Authority
KeRRA Kenya Rural Roads Authority
KFS Kenya Forest Service
KMP Kenya Municipal Programme
KURA Kenya Urban Roads Authority
KWFT Kenya Women Fund Trust
KWS Kenya Wildlife Service
MAVWASCO Mavoko Water & Sewerage Company
MDGs Millennium Development Goals
MONMED Ministry of Nairobi Metropolitan Development
MTS Mass Transport Systems
NaMSIP Nairobi Metropolitan Services Improvement Project
NCWSCO Nairobi City Water & Sewerage Company
NEAP National Environment Action Plan
NEMA National Environment Management Authority
NGOs Non Governmental Organizations
NMR Nairobi Metropolitan Region
NMT Non-Motorized Transport
PAPs Project Affected Persons
PM Particulate Matter
RAPS Resettlement Action Plans
SEA Strategic Environmental Assessment
SWMA Solid Waste Management Authority
THIWASCO Thika Water & Sewerage Company
ToR Terms of Reference
WRMA Water Resources Management Authority
WSPs Water Services Providers

Glossary of Terminologies
Baseline Conditions: A comprehensive description of the prevailing environmental, social,

economic and cultural setting for NaMSIP and specific sub-projects areas,
Compliance tools: documented guidelines to assist in identification of relevant legal sections to

observe and integrate into the project implementation,
Component: Refers to the segments of Nairobi Metropolitan Services Improvement Project

(NaMSIP) representing clusters of sub-project categories to be implemented by the project,
Critical Local Government Infrastructure and Services: Project initiatives to be implemented at

local government levels and jurisdictions,
Critical Metro Infrastructure and Services: Projects and sub-projects to be implemented

throughout the Metropolitan region
Influencing factors: Natural and man-made factors that drives local environmental, social ,
economic and cultural conditions for specific Metro Zones and sub-project areas,
Conditions
Decommissioning process: A formal stoppage of a facility with consideration of all environmental

social, economic and cultural aspects in the immediate neighbourhoods,
Environmental and social linkages: identifiable areas of interaction between a project and sub-
projects to the surrounding environment and social settings
Environmental and Social Safeguards: Basic principles that guides an organization in

integrating environment and social aspects into a project’s implementation process
ESMF Financing Strategies: Defined mechanisms for sourcing of funds and associated resources
for implementation and that are supported through existing organization budgeting systems
Integrated Solid Waste Management: An all round, inclusive and cross-sectoral plan for
management of solid wastes at sources, through the pathways, transfer stations, disposal
destinations and recycling points.
Kenya Vision 2030: Development blue print designed to guide Kenya towards a developed nation
by the year 2030,
Legal Register: A set of document legal sections relevant to the project and provided with
compliance monitoring parameters
Project Alternatives: Considered options for various project components and phases focusing on
locations, designs, implementation schedules, costs and potential impacts,
Project Disclosure: Forums provided to enable stakeholders and the general public appreciate a
project and present their views and opinions regard whole or sections of the projects for enhanced
participation and ownership,

Railway Commuter Trains: Railway systems designed for mass transport from residential areas
into the City Centre or other work places
River Gauging Stations: Defined locations on rivers and streams where measurements could
be undertaken and used at project and national levels,
Stakeholders: Sections of the society who are directly or indirectly involved with the project
activities
Stakeholder Clusters: Stakeholders grouped into categories depending on the nature of projects
and sub-projects with direct or indirect linkage to them,
Stakeholders’ roles and responsibilities: Specific duties and outputs expected from each
stakeholder individually of in clusters towards accomplishing specific objectioves of the project of
sub-project,
Sub-projects: Specific initiatives to be established under each major project component for
particular areas within the NMR,
Metropolitan zones: Sections of Nairobi Metropolitan Regions sub-divided along geographical and
climatic conditions for ease of baseline description
Metropolitan Social and Economic Outlook: variations on social and economic influencing factors
based on spatial areas including urban, transition and rural areas

Executive Summary
Introduction
The Ministry of Nairobi Metropolitan Development has secured assistance from the World Bank for
the implementation of a Nairobi Metropolitan Services Improvement Project (NaMSIP). The
proposed project is aimed at addressing some of the challenges faced by the metropolitan region
including inadequate solid waste collection and environmental hazardous dumping, inadequate
municipal services, such as storm water management, water supply and sanitation services,
disaster management, street lighting, etc., severe public transport problems and the need for
metropolitan wide coordination and planning strategies.
NaMSIP Components
According to the Terms of Reference, Nairobi Metropolitan Services Improvement Project has been
structured into five components with distinct areas of coverage as outlines below;
Component 1: Institutional Reform and Planning

This component will assist local governments and whatever successor institutions are brought into
being through the new constitution in among other focal areas urban planning, financial
management, including revenue enhancement, accountability citizens, through measures such as a
participatory budget planning process, a transparent automated construction-permit system, and
other measures, improving service delivery, developing land use plans to promote development in
the vicinity of new commuter rail stations. Creation and operation of ring-fenced solid waste
collection companies in local authorities is also considered which would dispose the waste into
regional landfills.
The component will also support the evolution and build the capacity of metropolitan governance
agencies including the Nairobi Metropolitan Spatial Planning Authority, the Metropolitan Water and
Wastewater Authority and solid waste companies through the formation of three key institutions,
namely Nairobi Metropolitan Spatial Planning Authority, Nairobi Metropolitan Water and Wastewater
Authority and Nairobi Metropolitan Solid Waste Companies.
Component 2: Critical Local Government Infrastructure and Services

Designed to support local authorities in critical infrastructure and improve service delivery in urban
areas and urban growth. The component will be implemented directly by Local authorities. Among
the project features will include street lighting, traffic management, markets development, public
infrastructure around commuter rail stations, improving roads under Local Authorities’ mandate,
provision of cycle tracks and foot paths development and training of Local authority staff.
Component 3: Critical Metro Infrastructure and Services

To assist in the provision of solid wastes, transport and sewerage services for the areas within the
Nairobi Metropolitan Area. For purposes of appreciation of the areas of intervention, the Component
has been split into three sub-components namely Solid Waste Management, Transport and
Sewerage Services and described as follows;
Sub-Component 3A: Solid Waste Management

(i) Development of Integrated Solid Waste Management (ISWM) for the entire metropolitan
(ii) Development of sanitary solid wastes disposal sites for metropolitan towns
(iii) Gradual decommissioning unsanitary solid waste disposal sites
(iv) Provision of sanitary solid wastes transfer stations
(v) Formation of sanitary landfill management companies

(vi) Improvement of the welfare and conditions for solid waste pickers and handlers
Sub-Component 3B: Transport

(i) Upgrading and construction of infrastructure feeding to commuter rail stations
(ii) Linking of satellite towns for pedestrians, cyclists and buses (NMT and BRT systems)
(iii) Improving routing and efficiency of mass transit system
(iv) Rehabilitation of strategic road links with Local Authorities
Sub-Component 3C: Water and Wastewater

(i) Development of wastewater collection system
(ii) Treatment systems (stabilization lagoons)
(iii) Disposal systems/drainage channels
Component 4: Project Management, Monitoring and Evaluation

Like Component1, this component is administrative in nature in addition to seeking for funding and
resources support for the project. It will, therefore, also cater for the resources and implementation
capacity of the ESMF. In terms of implementation, the component may require physical provisions
such offices and related infrastructure that may require undergoing ESIA process for approval. The
ESMF will, therefore focus on this
Identified NaMSIP Sub-Projects
It is already appreciated that NaMSIP Components will comprise a multiplicity of sub-projects to be

implemented in different locations across Metropolitan Region. While the respective sub-projects
are yet to be formulated, list below has presents potential areas of consideration as intervention
projects. However, specific zones of the Metropolitan where the projects could be implemented
would be established during the formal screening of sub-projects.
Component Sub-Projects Clusters
Component 1  Selection of physical support location

 Construction and installation of offices and facilities
Institutional Reform and  Establish capacity on Environment and social management
Development
Component 2  Installation of street lighting in pre-identified road junctions
 Markets development in collaboration with respective County Councils
Other Critical Public  Development and improvement of drainage systems in selected urban zones
Services (commercial and residential areas
 Development OR rehabilitation of sanitation facilities in collaboration with County
Councils, Athi Water Services Board and Water Services Providers
 Establishment of public parks and green spaces in collaboration with County
Council
Component 3A  Waste management Audits by Local Authorities
 Development of waste transfer stations in towns
Integrated Solid Waste  Development of engineered sanitary solid waste disposal sites
Management  Decommissioning of unsanitary disposal sites
 Capacity building initiatives (skills, institutional equipment, waste collectors
welfare
Component 3B  Construction of new link roads, upgrading and improvement of existing roads
and associated facilities (bridges, etc) within Local authority jurisdiction.
Transport Management  Construction of NMT facilities (foot bridges, under passes, footpaths, cycle
tracks, hand cart passages, Bodaboda” parking areas, etc.)
 Rehabilitation of existing railway corridors for commuter train and associated rail

Component Sub-Projects Clusters
stations.
 Installation of road provisions (traffic lights, speed bumps, signage etc.
 Capacity building including establishment of a transport master plan
Component 3C  Improvement of wastewater collection (drainage, sewer systems, etc,
 Provision of waste water treatment facilities for towns (stabilization lagoons),
Water and wastewater  Appropriate discharge systems for wastewater
management
Component 4  Selection of physical requirements
 Installation of necessary support facilities (offices, water supply, sanitation,
Project management, communication and security installations)
monitoring and Evaluation
Preliminary Findings
Following evaluation of the project components, it is observed that the Nairobi Metropolitan Services
Improvement Project (NaMSIP) initiatives have varying potential linkages and challenges in different
parts of the coverage area. It is also noted that most parts of the metropolitan area have
experienced challenges in mainstreaming physical planning requirements alongside environmental
and social management safeguards over the last decades with potential implications to the
proposed services improvement initiatives. Environmental, social and economic aspects are key
elements for consideration while undertaking social and economic intervention initiatives in urban
settings including infrastructural projects. These linkages calls for a well considered and thought-out
integration into the intervention initiatives at all levels of the NaMSIP project cycles.
Stakeholder Responsibilities
The schedule below is an outline of the diverse stakeholders classified by clusters:
Public Stakeholders Institutional Stakeholders Corporate Stakeholders Other Stakeholders
 All Local Authorities within  Main Schools,  Health Services providers  Homeowners/Residents
the Metropolitan  Universities within the  Major Manufacturing  Travelers/Commuters
 Ministry of Local Metropolitan area premises  Transporters (goods and
Government  Main Churches in the  Water Services Providers public)
 Public Hospitals region across the Metropolitan  Road Users/Motorists
 KeNHA  Main Mosques in the  Main Supermarket chains  Traders/business people
 KeRRA region  Main Office Blocks  Water Users Associations
 KURA  Hospitality facilities  Waste handlers around
 WRMA (hotels and restaurants) the Metropolitan
 NEMA  Private health facilities  Waste recyclers
 KWS around the Metropolitan  Farmers (especially for
 KFS areas outside the Central
 Kenya Police Service Zone)
 Local Administration from  Livestock keepers in
all the Counties areas outside the Central
 AWSB Zone)
 KAA  Service stations (Petrol
 Kenya Railways/Rift Stations)
Valley Railways  Organized community
 Public Health Department groups’ leaders
from the Counties  Political Leaders from all
 Lands Department Counties
Roles by Stakeholder Clusters

Each category of stakeholders has got specific roles in the implementation of the ESMF, implying
that NaMSIP will need to adopt an inclusive approach for all the sub-projects. To achieve this
objective, early consultations and collaborations will need to be initiated by NaMSIP on the projects
before the sub-projects concepts are finalized. Among the specific roles include the following;
(i) Component 2 touches on a wide range of stakeholders and so are the associated
responsibilities. Responsibilities range from the waste generators (bearing direct
responsibility of reduction and separating of the wastes) to waste handlers for collection
and transportation. Provision for ultimate waste disposal facilities (policy and regulatory
framework, engineered transfer stations and disposal sites) is mainly a responsibility of
the respective Local Authorities under the supervision of National Environmental
Management Authority (NEMA) particularly with respect to the physical locations of the
management facilities. NaMSIP is contributing into supporting provision for the
necessary infrastructure while sustainability is maintained by the sectoral responsibility,
(ii) Component 3 (transportation infrastructure) has initiatives developed by NaMSIP, but
the implementation need to be synchronized with the respective agencies within the
sector. These include KURA, KeRRA and KeNHA as well as the Ministries in-charge of
Roads and Transport. The Counties constituting the Metropolitan and the Environmental
Divisions for the respective Local Authorities will also provide policy directions on the
infrastructural development to ensure harmonization of NaMSIP sub-projects with other
initiatives,
(iii) Component 4 comprises projects from various fields and sectors including Local
Government, Ministry of Transport, the Water Sector, Public Health, etc. The
responsibilities for projects in this components, therefore, will vary from one zone of the
Metropolitan to another as well as the nature of the sub-projects.
Regulatory Local Procedures Outline
Sub-Project Planning
NaMSIP comprises various sub-projects variously located around the Metropolitan. The sub-
projects under each component will be identified on the basis of need and compatibility with
respective stakeholders among them the Local Authorities and agencies in-charge of services.
Collaborated planning will ensure harmonization with Sectoral programmes among the broad ones
being;
(i) Local Authorities initiatives particularly those under the Kenya Municipal Programme
(KMP) including waste management interventions, access roads, drainage systems and
markets development among others,
(ii) Roads’ Authorities including KeNHA, KeRRA and KURA with respect to sections of
target roads that could also be in their programmes,
(iii) Water and sanitation related sub-projects (water supply and sanitation provisions) with
various players
(iv) Involvement of the financial and procurement departments within MoNMED regarding
the availability and sustainability of financial resources within the NaMSIP.
Sub-Project Review and Disclosure

The design concepts, related drawings and recommendations from the ESIA process would require
review by NaMSIP through the Project Steering Committee as well as the specific sub-project
implementation team. The review will identify key areas with impacts to the sub-project output or
where there are potential conflicts with other initiatives or identified conflicts with the environment

and social aspects in the target areas. This review will be necessary for the Project Management to
endorse or amend the ESMP before submission to NEMA for the compliance review and approval.
The ESIA report with the comprehensive ESMP is ultimately reviewed and approved by NEMA and
a license issued for the specific sub-project. Part of the sub-project approval involves disclosure of
the sub-project details to the public and particularly to the Lead Agencies. Disclosure process takes
three forms;
(i) Public consultations forums,

(ii) The ESIA report together with the ESMP is distributed to the relevant Lead Agencies
through NEMA,
(iii) The ESIA report is also disclosed to a wider review by displaying the same in the media
accessible by all stakeholders and the public.
Sub-Project Approval
The approval of a sub-project at NEMA follows certain time lines and procedures. These timelines
need to be reflected in the sub-project scheduling to avoid conflicts or unnecessary delays during
the implementation. Basic approval process involves the following deliverables;
(i) Preparation and submission of ESIA Project Report (commonly referred to as Scoping
Report) developed on the basis of initial findings of the sub-project and the concepts
from the preliminary design,
(ii) Terms of Reference (ToR) will be submitted to NEMA upon instructions to be approved
for a full ESIA Study process,
(iii) Full ESIA Study Report will be submitted to NEMA for review, disclosure and necessary
approval.
Sub-Project Implementation
During the implementation of each sub-project, supervision is expected to be an integral part of the
works. The Contractor shall be provided with the ESMP for integration in the works. Appropriate
supervision on environmental and social management performance will be necessary throughout
the duration with the main criteria being the ESMP developed from the ESIA process. Progress
Reports in this regard will be produced on pre-agreed schedules (Mid-Term and Completion Audits
should also be produced).
ESMF Principles
The objective of developing an Environmental and Social Management Framework (ESMF), is to

provide a tool for identifying linkages from a broad perspective with a view to establishing specific
management principles for the sub-projects therein through specific Environmental and Social
Impact Assessments (ESIAs). The main purpose of developing an ESMF is to provide a reference
guide handbook for key environmental and social linkages associated with project and specific sub-
projects. This is to ensure that NaMSIP is implemented in an environmentally and socially
sustainable manner and in full compliance with Kenya’s and the World Bank’s environmental and
social policies and regulations.
The Environmental and Social Management Framework (ESMF) implementation is basically the
integration of environmental and social safeguards into the NaMSIP sub-projects. To achieve this,
there must be a systematic process backed up with specific requirements established to ensure
harmonized procedures, defined responsibilities, skills and technical capacity, assured financial
resources, logical institutional structure and information/data for background.
Physical works have direct interactions with the environment and social settings. Social and
economic linkages provide the NaMSIP projects’ relations to its externalities including other projects
within the neighborhoods. These linkages are determined in as far as impacts (positive/negative)
and co-existence is concerned especially where the projects complement each other or
supplements the benefits. The linkages could be positive or negative. Either way, it would be
necessary to establish appropriate management strategies as an integral part of the project.
ESMP Principles
Sub-projects developed under NaMSIP are geared towards enhancing social and economic
benefits to the people living in the target areas and the Metropolitan in general. The sub-projects,
however, should also observe environmental protection requirements in accordance to the
established laws and regulations to ensure sustainability. To realize this goal, acceptability by a
majority of the beneficiaries and minimal effects to the physical environment will require to be
integrated in the overall project policies through constant consultations, evaluations and review of
the design aspects throughout the project coverage.
It is recommended that guiding principles specific to each sub-project and the regulations governing
the respective sub-project fields (water resources, roads infrastructure and waste management
among other areas) be developed that will allow integration of environmental and social
management considerations in the planning, construction, operations and ultimately
decommissioning stages.
Almost all the sub-projects under NaMSIP are geared towards long term lifespan-intervention
facilities and therefore, possibly to run for many years. However, should it be necessary to remove
significant part or an entire facility under this project, a decommissioning audit will need to be
undertaken between 6 months – 1 year before the process commences following a notice to
decommission. The decommissioning process will be guided by a comprehensive decommissioning
plan developed through the decommissioning audit process.
Conclusions
The following conclusions have been drawn following on the scenarios discussed under this report;
1. The NaMSIP project addresses areas of key public interest including waste
management, water supply, access roads and markets among others as outlined in the
Project Concept Note (PCN). The intervention areas are in total agreement with the
Kenya Vision 2030 and reflected in the Nairobi Metro 2030,
2. At the time of this ESMF development, no specific sub-projects had been developed
under the project categories. It was, therefore, not possible to undertake specific
environmental and social impact assessments for any sub-project. The ESMF is a
strategic document to guide the whole project on environmental and social management
issues and a framework for sub-projects selection, design and implementation,
3. Nairobi Metropolitan Area spans a diverse environmental and social scope determined
by the varying geographical, topographical, climatic conditions, socio-cultural and
economic settings. The northern, southern and eastern zones have different
characteristics in this regard and hence varying characteristics for sub-projects linkages.

Impacts associated with sub-projects, therefore, would be assessed based on the

specific baseline environmental and social conditions.
4. Environmental and social setting in Nairobi Metropolitan Region is dynamic and likely to
change drastically over time as social and economic aspects change. This may affect
land use changes, cultural integration, resources availability and utilization, income
generation and factors affecting the physical and biological environment
5. NaMSIP components provide a range of intervention sub-projects whose mandate falls

under other institutions such as transportation, water projects, waste management, etc.
This implies there are potential conflicts during the implementation if appropriate
involvements ands and collaborations are not properly undertaken
6. With increasing demand for land in most parts of the metropolitan, social conflicts over
settlements and economic activities are likely. While appreciating the desire of the sub-
projects to minimize displacement of people, limited interference cannot be ruled out, a
situation that calls for early engagement of the affected people, creation of ownership
and prompt compensation where necessary
7. The project institutional framework is key for success of the sub-projects implementation.
While the ministerial organizational framework is clear, the grassroots structure is not
very clear to the extent where the various players get involved.
8. It is notable that budgeting process for the sub-projects has not been integrated into this
ESMF report. This is to allow adoption of the existing procedures within the Ministry of
Nairobi Metropolitan Development in this regard.
Recommendations
1. The ESMF is expected to be dynamic and likely to change over time. It is, therefore,
expected that the document will need to be reviewed at least annually to continually
address the changing environmental and social settings. This would, particularly be
important with changing legal framework as the situation is evolving with implementation
of the new Constitution,
2. Upon development and formulation of specific sub-projects, appropriate Terms of

Reference for ESIAs will need to be developed and appropriate experts engaged to
develop specific ESMPs for the sub-projects implementation. The ToRs will need to be
fully guided by the ESMF in order to address all environmental and social issues
associated with the specific sub-project. At the national level, ESIA studies are
undertaken by Experts registered and recognized by the National Environmental
Management Authority,
3. With communities being the main beneficiaries of the intervention projects, ownership is
extremely important. Stakeholders’ participation and public consultations should be
integrated across the entire project implementation process through consultation forums
and rapid interviews. Public disclosure is among the forums for involvement of the
stakeholders at all levels.
4. Having appreciated the roles of core players in the various sectors where intervention
projects are taking place, it will be necessary to incorporate the respective Agencies in
the formulation and design of the respective sub-projects and also bring them on borad
during the implementation phases. Among the key players likely to be involved include
the Road Sectors, Water Sectors Players, Local Authorities, etc.
5. As noted earlier, among the sub-projects are likely to have a multiple linkages with the
environmental and social issues. For this reason, it will be necessary to consider
integrated approach for all the intervention projects for enhanced long term sustainability
and value adding to the beneficiaries.
6. It will be necessary to establish a comprehensive and all-inclusive sub-project

implementation structure to be applied in the project components. A sample outline has
been proposed under this ESMF report.

Chapter 1: Introduction
1.1 Background
The Ministry of Nairobi Metropolitan Development (MoNMED) was constituted under the
Presidential Circular No. 1 of May 2008, with the main mandate of preparation and enforcement of
an integrated spatial growth and development strategy and of implementation of an integrated
strategic program on social, economic and infrastructural services. This would improve the core
public infrastructure in the metropolitan area, which are chief enablers in the achievement of the
economic pillar of the Kenya Vision 2030 and enhanced National Economic Development Agenda.
The Ministry's core functions inter alia include:
(i) Development of integrated Roads, bus and rail infrastructure;

(ii) Development of efficient Mass Transport System, and
(iii) Replacement of Slums with affordable low cost/rental housing – provision of adequate
housing.
Nairobi Metropolitan region covers over 15 districts in about 8 counties and spreading to about
32,000km2. It is characterized by a range of environmental, social, economic and cultural settings
that are determined by among other factors land use practices and productivity trends, traditional
lifestyles, physiological patterns, climatic conditions, ecological features, population distribution and
economic activities.
In order to effectively fulfill its mandate, the Ministry is systematically building its capacity and
undertaking major infrastructural projects to address the most immediate challenges in the
Metropolitan area. In this respect the Ministry is collaborating with various development partners
which are providing financial and technical assistance for various projects. Currently the Ministry has
secured the assistance of the World Bank for the preparation of the Nairobi Metropolitan Services
Improvement Project (NaMSIP). .
The Nairobi Metropolitan Services Project is intended to improve services in the Metropolitan area
which are critical for economic development, which include: Solid Waste Management, Transport
systems, Storm water Management, Water Supply and Sanitation, Disaster Management,
Security/Street Lighting etc. In addition, the implementation of the project will give the Ministry an
opportunity to build its Human Resource and technical capacity in carrying out Metropolitan wide-
ranging activities. The Nairobi Metropolitan Services Improvement Project is in line with
Government’s national development priorities and policies as well as ongoing public sector reform
agenda particularly the Kenya Vision 2030. The project also supports strengthening of public sector
management and accountability.
1.2 The Assignment
Development initiatives within the Metropolitan area are partially driven by the existing social and
economic needs as well as the potential opportunities identified for future economic growth and
social welfare of the people. It is upon this basis that the Ministry of Nairobi Metropolitan
Development has identified initiatives with respect to institutional development, infrastructural
development, solid waste management, water supply, transport infrastructure and management,
including commuter rails and public service stations and project management.
The Nairobi Metropolitan Services Project (NaMSIP) comprising the initiatives mentioned above
may have varying linkages and challenges in different parts of the metropolitan area. From the high
agricultural and dairy potential areas in the northern and western zones of the Metropolitan, the low
lying Arid and Semi-Arid Lands (ASAL) areas to the south and east and the highly commercialized
and industrialized Central Business District (CBD) are unique with respect to environmental setting,
social and cultural characteristics and economic activities. It is also noted that most parts of the
Metropolitan area have experienced challenges in mainstreaming physical planning requirements
over the last decades with significant implications to the proposed improvement initiatives. Among
these include mixed land use features compromising zoning, encroachments to public utility areas
(roads, services way leave, communal grounds, etc) and pressure on physical infrastructure and
basic amenities including sanitation systems, water supply, drainage, access roads and waste
management facilities.
Environmental, social and economic aspects are key elements for consideration while undertaking
social and economic intervention initiatives in urban settings including infrastructural projects.
Similarly, variations in cultural linkages are defined by the extent of the metropolitan area that cuts
across several social-cultural settings from the north to south and east to west. These linkages call
for a well-considered integration into the intervention initiatives at all levels of the NaMSIP project
cycles. An Environmental and Social Management Framework (ESMF) is a management tool for
identifying the linkages from a broad perspective with a view to establishing specific management
principles for the intervention of sub-projects therein through specific Environmental and Social
Impact Assessments (ESIAs).
1.3 ESMF Purpose
This environmental and social management framework is developed such as to reflect the policies
and strategies guiding NaMSIP initiatives specifically and the Ministry of Nairobi Metropolitan in
general. It is expected to be an integral part of the components in the consideration of projects with
clear broad issues, actions and responsibilities for implementation. Integration into specific sub-
projects will require that the issues and action plans are translated at project level management
aspects. Outline on ESMP established and structure has also been discussed.
The main purpose of developing an ESMF is, therefore, to provide a reference guide handbook for
addressing key environmental and social issues arising from associated with project and specific
sub-projects. The ESMF identifies broad impacts and establish broad management policies on the
same at ultimately lays a basis for specific management plans for each of the related sub-projects.
1.4 Assignment Objectives
The objective of the assignment was to assist the Ministry of Nairobi Metropolitan Development
(MoNMED) to develop an Environmental and Social Management Framework (ESMF) and
subsequently establish an Environmental Impact Assessment/Environmental Management Plan
(EIAs/EMPs) outline with respect to critical public infrastructural services at the local authority and
metropolitan levels regarding Solid Waste Management, Transport and other critical public
infrastructure (street lighting, markets, storm water drainage, water supply, sanitation services,
public parks and green spaces). This was to ensure that NaMSIP is implemented in an
environmentally and socially sustainable manner and in full compliance with Kenya’s environmental
regulations and the World Bank’s environmental and social Operational Policies on safeguards.
More specifically, the objectives of the assignment were:

(i) To assess the potential environmental and social impacts that may arise from the
NaMSIP initiatives, whether positive or negative, and propose appropriate mitigation
measures which will effectively address the impacts;
(ii) To inform the sub-projects’ preparation process of the potential impacts from different
alternatives and relevant mitigation measures; and
(iii) To establish clear directives and methodologies for the environmental and social
screening of sub-projects to be financed under NaMSIP Project (ESIA Guidelines).
(iv) Prepare environmental and social screening procedures for the specific sub-projects to
be undertaken under the project. This will be equivalent to developing appropriate ToRs
for the specific EIAS for the proposed sub-projects.
1.5 Scope
In accordance with the Terms of Reference, The Ministry of Nairobi Metropolitan Development
(MONMED) has established intervention initiatives in four distinct project areas (referred to as
Components under the NaMSIP). Each of the Components is expected to generate numerous sub-
projects in various parts of Nairobi Metropolitan Region touching on a cross section of inter sectoral
fields. The ESMF outlines broad environmental, social, cultural and economic linkages and
management principles for the project components as well as establishing plans of action for
specific sub-projects that subsequently guide specific ESIAs for the sub-projects implementation.
The scope of the assignment covered the following;
(i) Analysis of the components with respect to the related sub-projects clusters,
(ii) Evaluate potential linkages for each subprojects cluster to the environmental and social
aspects
(iii) Analysis of the environmental, social and economic baseline conditions of the Nairobi
Metropolitan by zones (northern, southern and central),
(iv) Establish broad impacts and mitigation measures for each environmental and social
issues per sub-project cluster,
(v) Prepare a schedule of key consideration on environmental and social as a toll for project
selection and implementation,
(vi) Prepare an outline process on ESIA for adoption by the respective sub-projects,
(vii) Develop an outline ESMP concept for adoption by the respective sub-projects.
1.6 Approach
The ESMF and ESMP tools under this assignment were developed through an interactive process
involving desk studies for literature review and discussions as well as field visits for physical
observations and information verification.
1.6.1 Basic Tasks
While an ESMF is strategic in nature such as to cover broad programmes, an ESMP is applied to
specific sub-projects with specific environmental and social features including physical locations.
For purposes of clarity in focus, the ESMF was developed first so as to constitute the criteria for
structuring the ESMP. The basic tasks in this regard involved the following;
Task 1
Appreciation of the terms of reference and interpretation of the same with respect to realities on the
ground and relevance to the project components. Appropriate documentary and literature review
was undertaken alongside consultations with the Project Management on the scope and the
expected outputs from the exercise. This also provides the background of the respective project
components.
Task 2
A rapid screening of the environmental and social setting of Nairobi Metropolitan through physical
assessment of selected locations by zones. The project programme components and the
associated potential sub-projects clusters were described under this task to enable appreciation of
the variances in baseline conditions and relevant linkages for each project category.
Task 3
Identification of environmental and social issues for each project component on zones basis as a
criteria for propositions on appropriate management actions. An evaluation of the existing capacity
and responsibilities within NaMSIP as well as technical assistance required included mode of
financing for the project implementation will be undertaken in this task. Capacity aspects would
include human skills, infrastructural provisions, logistics and financial requirements for the
intervention sub-projects. This provided the key parameters for the environmental and social
management framework.
Task 4
An analysis of the national policies, legal and regulatory structures with specific reference to the
project components and the sub-projects. The World Bank Operational Policies were analyzed with
respect to their relevance and applicability. Appropriate evaluation of compliance requirements has
been provided for each section of regulation or policy analyzed.
Task 5
Participation and inclusivity is a key element in the development and application of an ESMF.
Stakeholder identification and analysis was carried for planning of appropriate consultations through
workshops and other forums upon completion of the draft ESMF. Participation was an opportunity
not only for contribution into the ESMP but also enhanced ownership.
Task 6
Based on NEMA EIA/EA regulations and the World Bank Operational Policies for environmental
and social compliance, an ESIA guideline was developed for all sub-projects under NaMSIP were
developed. Sub-project clusters under each category identified and analyzed following the findings
from Tasks 2, 3 and 4, ESMP parameters was developed for each sub-project cluster.
1.6.2 Desk Studies
This involved documentary and literature review of among others;
(i) World Bank Website

(ii) Districts Development Plans (DDP) for selected District within the metropolitan,
(iii) Analysis of the national relevant policies, legislations and regulations. The World Bank
Environmental and Social policies and Safeguards,
(iv) The Strategic Plan 2008 – 2013 (Nairobi Metropolitan Development)
(v) Nairobi Metro 2030
(vi) The World Bank ESMF Toolkit
(vii) National population and economic reports

1.6.3 Field Visits
The consultant made rapid field verification visits of the Metropolitan Region in order to identify key
environmental and social issues on the ground and appreciate possible linkage of the potential sub-
project activities. Observations were made on among other areas;
(i) Land degradation trends

(ii) Water resources status (surface and ground)
(iii) Deforestation issues
(iv) Climatic conditions and variations across the metropolitan
(v) Biodiversity aspects and variation across the metropolitan
(vi) Economic issues and trends
(vii) Socio-cultural linkages
(viii) Environmental quality and influencing factors
1.7 Outputs
1.7.1 The Overall Output
An Environmental and Social Management Framework (ESMF) is a tool to guide the project on the
general management criteria where there is a multiplicity of sub-projects of projects with regard to
environmental and social performance. The ESMF spells out the potential environmental and social
issues during planning, design, implementation and operation of the projects components and their
sub-projects outlines the management measures required for effective management of the negative
impacts.
Consideration was taken of strategic policies with respect to project financing as well as compliance
with the national laws and regulations. Adoption of this framework shall ensure that the projects
and sub-projects meet the national environmental and social requirements and are also
consistent with the applicable safeguards policies and provisions of the World Bank.
An Environmental and Social Management Plan (ESMP) is the implementation tool of

recommendations arising from an ESIA process for a specific sub-project. It takes into
consideration specific environmental and social aspects of the target sub-projects and the
associated impacts subsequently establishing time-based actions and monitoring criteria with
identifiable responsibilities and cost estimates. Since an ESMP is project specific, it will, not be
transferable between sub-projects.
1.7.2 Specific Outputs
The following were the basic expectations from ESMF;
(i) Clear procedures and methodologies for the environmental and social planning,
review, approval and implementation of sub-projects under the NaMSIP,
(ii) Specifications of appropriate roles and responsibilities, and outline of the
necessary environmental and social reporting as well as impact management
procedures,
(iii) Determination of training, capacity building and technical assistance needed to
successfully implement the provisions of the ESMF,
(iv) Establishment of the project funding mechanism for implementation of ESMF
requirements,
(v) An organizational structure to include recognized and established environmental
and social entities (within Central and Local Government, the metropolitan
services, utilities, government agencies, NGOs, and civil society, as appropriate) to
screen and assess sub-project applications to determine their viability before
approval,
(vi) A clear delineation of the role of all stakeholders (whether they are to be informed
and/or consulted) in approval of sub-projects applications, and subsequent
implementation and monitoring of the sub-projects,
(vii) Establishment of practical information resource requirements for implementing the
ESMF.

Chapter 2: The Project Description
2.1 The Nairobi Metropolitan Area
Nairobi Metropolitan Region (NMR) covers an area of approximately 32,000km2 and is located on
the Central and Southern part of the country such as to include the jurisdiction defined by
boundaries of fifteen (15) local authorities in Nairobi, Kiambu, Machakos and Kajiado Counties.
Figure 1: Nairobi Metropolitan Region Location Map
Source: Ministry of Nairobi Metropolitan Development

The 15 Local Authorities constituting the Nairobi Metropolitan Region are as follows;
(i) City Council of Nairobi

(ii) Municipal Council of Thika
(iii) Municipal Council of Kiambu
(iv) Municipal Council of Ruiru
(v) Municipal Council of Limuru
(vi) County Council of Kiambu
(vii) County Council of Thika
(viii) Town Council of Kikuyu
(ix) Town Council of Karuri
(x) Town Council of Tala/Kangundo
(xi) Municipal Council of Machakos
(xii) County Council of Masaku
(xiii) Municipal Council of Mavoko
(xiv) Town Council of Kajiado
(xv) County Council of Olkejuado
2.2 Nairobi Metropolitan Zones
Environmental and social issues associated with intervention projects in Nairobi Metropolitan in
general are based on the prevailing environmental and social baseline conditions. On the other
hand, variations in the baseline conditions are dependent on the geographical and physical
orientation of specific zones of the metropolitan. To enable a focused and logical identification of
relevant environmental and social aspects, the Metropolitan area may be segmented into 4 distinct
zones (also adopted under Nairobi Metro 2030) as follows,
2.2.1 Northern Zone
Northern zone comprises of the following;
(i) Municipal Council of Thika

(ii) Municipal Council of Kiambu
(iii) Municipal Council of Ruiru
(iv) Municipal Council of Limuru
(v) County Council of Kiambu
(vi) County Council of Thika
(vii) Town Council of Kikuyu
(viii) Town Council of Karuri
The Zone is characterized with uneven topography featuring steep slopes and deep valleys, well-
drained and fertile soils, high rainfall, water availability and other favourable climatic conditions.
Most of the surface water sources originate from the water catchments, watersheds, and streams
flowing through this zone. It is the main catchment for the rivers and streams traversing the
metropolitan (the Aberdares, Kikuyu highlands and Ngong hills) characterized with high rainfall,
water availability; soil productivity, uneven topography featuring steep slopes and deep valleys, well
drained.
The zone is also relatively vegetated with forests (natural forests and agro-forestry forests) and
agricultural crops (tea, coffee, subsistence crops) and has high relative economic productivity due
to the availability of water resources, high rainfall, soil fertility and other favourable climatic
conditions. The zone is basically semi-urban in nature featuring high population and economic
activities, residential and institutional facilities. There is notable gradual environmental quality
decline following the increasing population with impacts such as degradation, pollution generation,
emissions and loss of vegetation. Environmental pollution seems to be increasing as settlements,
commercial and institutions shifts into the region from the city areas.
Sub-projects targeting this zone are likely to focus on improving access roads, provision of water
and improved sanitation and waste management, especially in the urban centers among them
Thika, Juja, Ruiru, Karuri, Limuru, Kikuyu, Githunguri, Ngong and associated suburbs.
2.2.2 Southern Zone
The zone comprises of;
(i) Municipal Council of Mavoko

(ii) Town Council Kajiado
(iii) County Council Olkejuado
Southern Zone is generally an ASAL area with limited water sources (including ground water), less
vegetation cover and is relatively dry. The zone is relatively flat and prone to flooding, a potential
challenge to sanitation and waste management. The zone harbours the famous Nairobi National
Park and its dispersal area spanning far to the south and southeast (within the Nairobi Metropolitan
area and beyond). There are conflicts with wildlife, drainage systems, vegetation cover,
environmental quality and demand on water resources. These are challenges to be managed
Focus areas of interest include major urban centers such as Mavoko, Kitengela, Mlolongo, Isinya,
Kiserian, Kajiado, Bisil, Namanga, and Oloilokitok. There are also notable fields and ranches that
are now being encroached upon by human development. In the recent past, there is an apparent
shift of social and economic activities into this zone creating a change in land use trends toward
urbanization. The main economic activities are industries (concentrated in Athi River), commercial
enterprises, semi-nomadic pastoralism and crop growing.
Socially, the zone is relatively homogenous being a convergence of cultures, the most dominant
being the Masai. The evolving development is also a potential area of social conflict in the long
term. Kajiado posted a population of 387,500 persons and a density of 59 persons/km2 on average
that rises to 5 persons/km2 in some towns and set to rise unless management strategies are
established. Significant settlements, commercial and institutional facilities are shifting to the area
without commensurate provision of services (drainage, sanitation, waste management, water
supply and road infrastructure). The target intervention projects in this area is likely to be drainage,
sanitation, waste management, water supply and road infrastructure
2.2.3 Eastern Zone
This zone comprises of three local authorities;
(i) Town Council of Tala/Kangundo

(ii) Municipal Council Machakos
(iii) County Council Masaku
The Zone is also an ASAL with low rainfall, limited vegetation cover, poorly drained and generally
flat with a few rocky outcrops. Like the southern zone, there is a massive immigration by developers
and land buyers into the zone extending towards Machakos Town and Tala Market. The zone is
poorly served with drainage systems, waste management services and sanitation infrastructure that
do not match the fast population growth (current population density is very low especially towards
the periphery of the NMR ranging from < 40 persons/km2 in the rural to >1,500 persons/km2 in
urban). The zone is also facing significant pressure on environmental resources and infrastructure
with increasing settlements, commercial and institutional activities shift from the City centre.
2.2.4 Central Zone
Central Zone, comprising of the main Nairobi City Central Business District (NCBD), is the
commercial and institutional hub for the NMR. It has high concentration of industrial activities,
institutions, trading facilities, transportation interchanges and settlements. The zone reflects almost
all environmental and social challenges due to ever diminishing infrastructural capacity and
increasing population (currently at 3.14 million and a density of 4,515 persons/km2) peak during the
day while majority retreat to the outer zones at night. The largest pollution loading discharging into
the water bodies (River Athi, Ngong River, Nairobi River, etc.) and emission into the air originates
from the central zone (the city centre and the industrial area).
2.3 The Metropolitan Social Outlook
The Nairobi Metropolitan area can be clustered into three spatial social and economic Urban-Rural
settings namely Urban, Transitional and Rural. There is an outward graduation from the urban to
transitional areas and to the rural areas. If the current development trends continue, both the
transitional and rural settings will be swallowed into the urban/commercial setting. The three socio-
economic settings of the Nairobi metropolis are presented in the table below:
Table 1: Nairobi Metropolitan Spatial Area
Zones Spatial Areas
Urban Transitional Rural

Northern Zone Ruiru, Juja, Thika, Kiambu, Githunguri and Karura Kiambu to Githunguri
Uthiru and Kikuyu
Southern zone Mavoko, Kitengela, Kisaju and Isinya Isinya to Kajiado and Isinya
Kajiado, Kiserian, Ngong to Oletipis and Naromoru
and Ongata Rongai
Eastern Zone Njiru, Ruai, Tala, Ruai and Lukenya Ruai-Kangundo-Mutituni-
Kangundo, Mavoko and Lukenya
Machakos
Nairobi Core All Urban Outer Suburbs -
(Central Zone)
2.3.1 Urban Setting
The urban setting consists of the central zone and various suburban ring towns that have grown as
commercial centers offering services/goods as those offered in the Nairobi city. These suburban
ring towns include Westlands, Kangemi, Uthiru, Karen, Southlands, Industrial Area, Embakasi,
Kasarani, Kahawa and Parklands among others. The urban cluster depicts the following socio-
economic features:
(i) Commercial centers with heavy to light industries

(ii) Mixed residential areas, shopping malls, convenient stores and entertainment spots.
(iii) Informal settlements on all sides (it seems the high class and informal settlement are
equally distributed around the urban area.
(iv) Very high day population and less night population.
2.3.2 Transitional Setting
The transitional setting links the urban-rural continuum and therefore depicts both rural and urban
socio-economic features. This setting consists of Kisanju, Kiambu, Ruaka, Kinoo, Waithaka, Karen,
Ongata Rongai, Mlolongo, Syokimau, Ruai, Ruiru and Gigiri among others. Following socio-
economic features
(i) Land is mostly inherited from forefathers as freehold land ownership is dominant;
(ii) Mixed land use consisting of crop growing and livestock (pigs, chicken and dairy cows)
keeping;
(iii) Rapid development into residential area consisting of apartments and single unit
bungalows and maisonettes;
(iv) Rapidly increasing population densities;
(v) Land fragmentation into small parcels;
(vi) Residents consists of mixed ethnic groups with informal social linkages
(vii) Decline in agricultural productivity as more land is getting built-up.
2.3.3 Rural Setting
These areas include Githunguri, Karuri, Limuru, Tigoni, Uplands, Kikuyu, Ngong, Kiserian, Isinya,
Kajiado, Namanga, Machakos, Athi River, Kitengela, Lukenya, Kangundo, Tala, Thika, etc. and
beyond transitional and the periphery of urban areas.
This rural setting area depicts the following socio-economic features:
(i) Ranching and subsistence crop growing

(ii) On average, land sizes are relatively extended
(iii) Low population densities with scattered settlement establishment
(iv) Residents consist of homogeneous ethnic groups consisting of amalgamation of several
clans who maintain traditional practices and organizational settings.
2.4 The Nairobi Metropolitan Services Improvement Project (NaMSIP)
NaMSIP was designed by the Ministry of Nairobi Metropolitan Development with the aim of
strengthening the public sector management, accountability and improvement of services delivery.
The implementation would take place in selected areas with specific emphasis on solid waste
management, water supply service and Transport in the Metropolitan region. The three services are
of critical importance in the social and economic development for the following reasons.
(i) There is inadequate collection and dumping of solid waste and hazardous waste from
the metropolitan area. Nairobi city alone collects only about 60% of the waste generated,
the rest being assimilated in the city environment. Provision of appropriate facilities is
low, willingness to pay private waste handlers is low, the waste pathways posses
environmental and health challenges while destinations (Dandora in Nairobi City and
locations for each town) are unsanitary and a risk to environment and health. Most other
urban centre in the NMR does not even have any organized dumping sites for their solid
wastes.
(ii) Water supply and sanitation for Nairobi Metropolitan is overstretched by the growing
population and demand for commercial and industrial development. While appreciating
the efforts by the Water Authorities, MoNMED found the need to collaborate on
intervention measures,
(iii) Transport infrastructure in Nairobi Metropolitan is at its limits. In addition to enhancing
the capacity, the status and conditions of roads in most of the metropolitan region
requires collaborated improvement.
This initiative follows among the mandates of MoNMED that is to address the challenges facing
infrastructural development and management in the Metropolitan region. NaMSIP has been
formulated to implement the initiative through 4 major components as outlined in the next section
2.5 Project Components
In addition to analysis of the overall environmental and social baseline conditions across NMR,
development of ESMF for the Nairobi Metropolitan Services Improvement Project (NaMSIP) also
evaluated the five components to which the ESMF is directed. Components 1 and 4 are meant to
provide support the project in administrative and management though they may require their own
support infrastructure, while components 2 and 3 require integration of physical actions for
implementation. The components are described as follows;
2.5.1 Component 1 (Institutional Reform and Planning)
This component will assist local governments and whatever successor institutions are brought into
being through the new constitution in among other focal areas
(i) Urban planning;

(ii) Financial management, including revenue enhancement;
(iii) Accountability citizens, through measures such as a participatory budget planning
process, a transparent automated construction-permit system, and other measures;
(iv) Improving service delivery;
(v) Developing land use plans to promote development in the vicinity of new commuter rail
stations, and
(vi) Creation and operation of ring-fenced solid waste collection companies in local
authorities which would dispose the waste into regional landfills, as supported under
Component 3.
The component will also support the evolution and build the capacity of metropolitan governance
agencies including the Nairobi Metropolitan Spatial Planning Authority, the Metropolitan Water and
Wastewater Authority and solid waste companies through the formation of three key institutions,
namely Nairobi Metropolitan Spatial Planning Authority, Nairobi Metropolitan Water and Wastewater
Authority and Nairobi Metropolitan Solid Waste Companies.
2.5.2 Component 2 (Critical Local Government Infrastructure and Services)
Designed to support local authorities in critical infrastructure and improve service delivery in urban
areas and urban growth. The component will be implemented directly by Local authorities. Among
the project features will include;
(i) Street lighting

(ii) Traffic management
(iii) Market spaces development

(iv) Public infrastructure around commuter rail stations
(v) Improving roads under Local Authorities’ mandate
(vi) Provision of cycle tracks and foot paths development
(vii) Training of Local authority staff
2.5.3 Component 3 (Critical Metro Infrastructure and Services)
To assist in the provision of solid wastes, transport and sewerage services for the areas within the
Nairobi Metropolitan Area. For purposes of appreciation of the areas of intervention, the Component
has been split into three sub-components namely Solid Waste Management, Transport and
Sewerage Services and described as follows;
Sub-Component 3A: Solid Waste Management

(i) Development of Integrated Solid Waste Management (ISWM) for the entire metropolitan
(ii) Development of sanitary solid wastes disposal sites for metropolitan towns
(iii) Gradual decommissioning unsanitary solid waste disposal sites
(iv) Provision of sanitary solid wastes transfer stations
(v) Formation of sanitary landfill management companies
(vi) Improvement of the welfare and conditions for solid waste pickers and handlers
Sub-Component 3B: Transport

(i) Upgrading and construction of infrastructure feeding to commuter rail stations
(ii) Linking of satellite towns for pedestrians, cyclists and buses (NMT and BRT systems)
(iii) Improving routing and efficiency of mass transit system
(iv) Rehabilitation of strategic road links with Local Authorities
Sub-Component 3C: Water and Wastewater

(i) Development of wastewater collection system
(ii) Treatment systems (stabilization lagoons)
(iii) Disposal systems/drainage channels
This will create collaboration with the Bank’s National Urban Transport Improvement Project
(NUTIP) currently under preparation; and sewerage services such as (a) collection systems, (b)
treatment systems and, (c) disposal systems
2.5.4 Component 4 (Project Management, Monitoring and Evaluation)
Like Component1, this component is administrative in nature in addition to seeking for funding and
resources support for the project. It will, therefore, also cater for the resources and implementation
capacity of the ESMF. In terms of implementation, the component may require physical provisions
such offices and related infrastructure that may require undergoing ESIA process for approval. The
ESMF will, therefore focus on this
2.6 Sub-Projects Analysis
It is already appreciated that NaMSIP Component comprises a multiplicity of sub-projects to be

implemented in different locations across the metropolitan. This section outlines the sub-projects
cluster against each component. This indicative list includes sub-projects that may be selected after
screening for inclusion in NaMSIP.

Table 2: Component Sub-Projects Analysis
Component Sub-Projects Clusters General Environmental and Social

Management Activities
Component 1 (i) Selection of physical support location  Review of environmental and social
safeguards implementation structures
Institutional Reform (ii) Construction and installation of offices and for all components
and Development facilities
 Institutional administration and planning
structuring and provision of coordination
(iii) Establish capacity on Environment and environmental and social linkages
social management between components
 Capacity Building for environmental and

social integration and management
Component 2 (i) Installation of street lighting in pre-  Identification of intervention area by
identified road junctions local authorities as per the component
Other Critical Public fields in collaboration with NaMSIP
Services (ii) Markets development in collaboration
with respective County Councils  Identification of sites, feasibility studies,
designs and construction accordingly
(iii) Development and improvement of
drainage systems in selected urban  Supervision and monitoring on
zones (commercial and residential areas environmental and social management
performance
(iv) Development OR rehabilitation of
sanitation facilities in collaboration with
County Councils, Athi Water Services
Board and Water Services Providers
(v) Establishment of public parks and green

spaces in collaboration with County
Council
Component 3A (i) Waste management Audits by Local  Environmental and social
Authorities considerations in the identification,
Integrated Solid design and construction of sanitary
Waste Management (ii) Development of waste transfer stations disposal sites for local authorities
in towns
 Decommissioning audits for closure of
(iii) Development of engineered sanitary unsanitary disposal sites
solid waste disposal sites
 Environmental and social aspects on
(iv) Decommissioning of unsanitary disposal collection, storage, transportation and
sites disposal of wastes from sources
(v) Capacity building initiatives (skills,  Integration of environmental and social

institutional equipment, waste collectors issues in the institutional structures for
welfare solid waste management
 Involving of the private sector in the

economic opportunities initiatives
Component 3B (i) Construction of new link roads,  Consideration of environmental and
upgrading and improvement of existing social aspects in the identification and
Transport roads and associated facilities (bridges, developing of mass rapid transit
Management etc) within Local authority jurisdiction. corridors and associated infrastructure
(ii) Construction of NMT facilities (foot  Considerations of environmental and

bridges, under passes, footpaths, cycle social aspects in the identification,
tracks, hand cart passages, Bodaboda” design and construction of NMT
parking areas, etc.) facilities.
(iii) Rehabilitation of existing railway  Installation of traffic control provision for

Component Sub-Projects Clusters General Environmental and Social

Management Activities
corridors for commuter train and enhanced flow.
associated rail stations.
 Integrating environmental and social
(iv) Installation of road provisions (traffic issues into the institutional structure
lights, speed bumps, signage etc.
(v) Capacity building including

establishment of a transport master plan
Component 3C (i) Improvement of wastewater collection  Evaluate the range and characteristics
(drainage, sewer systems, etc, of wastewater sources
Water Supply
(ii) Provision of waste water treatment  Environmental and Social Impact
facilities for towns (stabilization Assessment studies for each treatment
lagoons), system
(iii) Appropriate discharge systems for  Evaluate the impacts to the receiving
wastewater environment. (Water sources, land, air
quality, social features etc.)
Component 4 (i) Selection of physical requirements Building capacity for environmental and
social Implementation and establishment
Project (ii) Installation of necessary support of appropriate M & E system
management, facilities (offices, water supply,
monitoring and sanitation, communication and security
Evaluation installations)

Chapter 3: Environmental and Social Baseline Conditions
3.1 Overview
Nairobi Metropolitan Region spans an area with a diverse range of environmental and social
settings. The variation follows the zonal orientation with the Northern Zone presenting its unique
characteristics different form the Southern and Eastern Zones. The Central Zone is a transition
section between the northern and southern zones. The environmental and social characteristic
determines the nature of specific linkages arising from specific intervention sub-projects. In this
regard, therefore, the ESMF will address the varying issues in connection to established baseline
conditions. The following section outlines the baseline conditions by zones.
3.2 Environmental setting
3.2.1 Topography
The physiology of Nairobi Metropolitan region varies from the steep slopes valleys in the northern
zone to the mild sloppy central and flat terrain in the southern and eastern zones. The elevation
varies from 1,800m a.s.l to the north (Kiambu, Limuru, Kikuyu and Ngong) to 1,600m a.s.l. in the
south and east (Kajiado) over 50km providing reasonable slope, explaining why the upper zones of
the Metropolitan are well drained. The main features influencing the topography of the region ate
the Aberdares, Kikuyu escarpment and Ngong Hill for the Northern zone. The topography in the
southern and eastern zones is influenced by the expansive Kapiti plains that spans towards the
border with Tanzania and towards Kitui in the east. While most sub-projects are confined in small
locations, massive implications on topography of the region are not likely. However, spot
physiological change are likely for sub-projects such as road construction, development of waste
disposal sites, market development and public parks and green spaces.
3.2.2 Drainage and Hydrology
Nairobi Metropolitan general slopes northwest to the southeast with influence from Aberdares and
Ngong hill. The region falls within the Upper Athi River basin and is well drained in the north and
western parts where the area is characterized with steep slopes and valleys. The extent of surface
drainage reduces towards the south and east as the terrain gets flatter creating potential for
flooding in some area. Variation in soil type is also a factor that influences surface drainage through
infiltration. Red and sandy soils in most of north and western zones facilitates more surface
drainage compared to the south and eastern zones that are characterized with black cotton soil,
generally poorly drained. As illustrated below, any interference with the natural drainage and flow
patterns of the rivers and streams leads to serious flooding cases to the metropolitan areas during
heavy rains, especially the lower zones (southern and eastern zones). There is, however, a
component under the project that addresses drainage improvement around the Metropolitan areas.
The hydrology of the metropolitan is influenced by Athi River, flowing along the southern and
eastern edges. The river that rises from the slopes of Ngong hills as Mbagathi River constitutes the
drainage basin that runs through to the Indian Ocean. Among the key tributaries draining the
metropolitan include the following;
(i) Thika (and Chania) Rivers flowing west east on the northern edges arising from the
Aberdares. Unlike all other streams described hereunder, Thika River discharges into
Tana River basin, although most of its water is used in the Athi River and so is sewage
and wastewater discharge,
(ii) Komu, Ndarugu, Juja, Thiririka and Ruiru rivers rises from the Aberdare slops and drains
the entire northern zone of the metropolitan. The rivers are perennial and shows
significant flows to the extent of supporting water supply schemes (Ndarugu and Ruiru
rivers), though hydrological trends could not be established immediately. The rivers
discharge into Athi River,
(iii) Kamiti, Kiu, Gatharaini and Ruaka rivers are perennial streams that also arise from the
lower Aberdare slopes but with significant interference in the flow trends and water
quality from social and economic activities (settlements, farming and urban
development). The river flowsinto Nairobi river and ultimately to Athi river,
(iv) Mathari, Nairobi and Ngong rivers traverses the city rising from the west towards the
east. The streams provide the key sinks and modes of pollution transport, otherwise
without any economic value. There have been efforts on clean-u programs mainly for
Nairobi and Ngong rivers and clear results are yet to show. The rivers discharge into Athi
River.
(v) Mbagathi/Athi River and the Stony Athi are the stream draining southern zones. The
streams have notable variations over the year, with Stony Athi wholly seasonal. Athi
River ultimately determines the drainage and hydrological trends of all other streams in
the metropolitan. The river then transforms to Galana and Sabaki before discharging into
the sea. Observation have shown the effects of pollution loading from the metropolitan
for long distances downstream
The general drainage of the main city is eastward from the hill area accumulating in the low lying
ground between Parklands in the North and Nairobi south estate. The Kirichwa valley tuffs lying to
the east of the highway behave like a sponge and the contact between them and the underlying
impermeable phonolite is thus a perfect aquiver that a number of channels containing water occur
beneath Nairobi, hence the name of the place. Kenyatta Avenue follows the direction of a stream
course down which water flowed to debouch onto the plain.
Most of large streams and rivers draining in Kikuyu highlands are perennial and there is plenty of
water in the western corridor. On the lower ground to the east and south, however streams tend to
dry up during dry season. The streams are frequently fed by springs that flow out of the forest belt
of Kikuyu land, which feed the headwaters of Nairobi River and Mbagathi River. Innumerable other
small springs flow out from between lava flows with differing porosity and permeability.
3.2.3 Water Resources
The main river in the Nairobi (the Central Zone) is the Nairobi River flowing through the city. It is the
main river of the Nairobi river basin, a comprising of several parallel streams flowing eastwards. All
of the Nairobi Basin Rivers join east of Nairobi and meet the Athi River, eventually flowing to the
Indian Ocean. Nairobi River is the main influencing basin with it s tributaries including Ruiru River,
Kamiti River, Rui Ruaka, Karura River, Gitathuru River, Mathare River, Kirichwa and Motoine-
Ngong River. The Motoine River flows to the Nairobi Dam and further onwards the stream
continues as Ngong River. All these rivers suffer from contaminations by agriculture, slums and
industrial areas during rainy seasons the discharge tends to multiply, causing floods on low-lying
riverbanks. The rivers have old River Gauging Station (RGS) though some of them seem to be
active. Available flow data is old, therefore, may not provide actual current status.
The surface water in Kiambu district comprises many permanent rivers and springs such as Kamiti,
Riara, Kiu and Ruiru all are fairly well distributed in the study area. The rivers are originated in the
highlands of Aberdare range to the north of study area forming water catchments areas and number
of them flow towards the lowlands in Thika district. These rivers eventually form Tana and Athi
drainage system. The rivers in Machakos district that lay within the drainage basin of Athi River are
seasonal and dry season. The Ngong hills in Kajiado district are the catchments of the upper Athi
River. The rivers in this catchments area include Embakasi and Kitengela River. The Embakasi
River constitutes of the only perennial water source in the Upper Athi river area including Athi river
town. This river supplies water for domestic, industrial and irrigation purposes around Athi River and
Kitengela townships.
The above implies that most physical intervention sub-projects will in one way or another interact
with a water resource and hence potential impacts sample of the water resources shows that most
surface water sources have high suspended matter content and are expected to also have high
levels of organic content and bacterial contamination (the tests were not carried out under this
exercise).
Table 3: Water Quality Results (Oil/Grease, TSS, pH, TDS)
Sampling Point Description Parameter and Units Values
Ruaka Bridge on Thika Road Oil/Grease (mg/l) 0.044

Total Suspended Solids (mg/l) 20
Total Dissolved Solids (mg/l) 1,039
pH 7.6
Chania River bridge on Thika-Nairobi highway Oil/Grease (mg/l) 0.04
Total Dissolved Solids (mg/l) 49
pH 7.6
Nairobi River bridge at Museum hill Oil/Grease (mg/l) 0.256
pH 7.8
Nairobi River at Kawangware bridge Oil/Grease (mg/l) 0.232
pH 7.8
Mbagathi River at Ongata Rongai Oil/Grease (mg/l) 0.088
pH 7.9
Kiserian River Bridge Oil/Grease (mg/l) 0.236
Total Suspended Solids (mg/l) Nil
pH 8.0
Ngong River on Mombasa road bridge Oil/Grease (mg/l) 0.116
pH 8.1
Athi River at Athi River bridge Oil/Grease (mg/l) 0.148
pH 8.2
Source: MRTS Feasibility Study Report
3.2.4 Water Supply
The Metropolitan area is endowed with various water resources including surface and ground water
sources in streams as described above. The surface water streams rises from the highlands on the
west flowing towards the east traversing the metropolitan area. The water quality situation in these
streams has created notable ecological conflicts downstream with social and economic activities
that seem to convert the rivers to pollution sinks and transport media. Water quality in these rivers
is increasingly getting worse rendering it unsuitable for human use.
Other common resources include;
(i) Surface water sources other than those traversing the metropolitan, mainly river
Muranga, Kiambu and Aberdare
(ii) Ground water with boreholes in various locations on private institutional and public
premises supplying to compensate the shortfall
(iii) Rain water harvesting in a few premises, though this potential has not been fully
exploited,
The responsibility of managing water in the country was decentralized from the central government
to manageable units following the enactment of Water Act of 2002 which established Water
Resources Management Authority (WRMA) The provision of water services was decentralized and
responsibility of water resources is managed by various Water boards. Water resources in Nairobi
and its surroundings are managed by Athi Water Services Board, which delegate water provision to
several Water Service Providers (WSPs).
In the central zone, and in parts of the southern and western zones, water is provided by the
Nairobi Water and Sewerage Company( NWSC) which falls under the Athi Water Service Board.
The Northern zone and parts of western corridors are supplied by the Thika Water and Sewerage
Company THIWASCO and Ruiru Water Company. Mavoko and Kitengela and the Athi River areas
is supplied by the Mavoko Water and Sewerage Company (MAVWASCO) whereas Ngong and
Kajiado are supplied form Oloolaiser Water & Sewerage Company.
Other areas are supplied as follows;
(i) Nairobi city and neighbourhoods supplied from Sasumua Dam, Kikuyu Springs and
Thika Dam. Ground water is also abstracted at institutional and public levels
(ii) Thika and surrounding supplied from Chania river while a notable consumers abstracts
directly from ground water and surface water sources,
(iii) Juja and neighbourhoods from Ndarugu river,
(iv) Kiambu supplied from the Sasumua pipeline serving Nairobi city,
(v) Ruiru Municipality abstracting water from Ruiru river,
(vi) Githunguri town and surroundings’ served from Komothai river,
(vii) Kikuyu and its surrounding served from Kikuyu Springs.
(viii) Ngong and its surroundings including Ongata Rongai and Kiserian towns are served
from boreholes and springs streams (Olooleiser Water and Sewerage Company)
(ix) Mavoko Township and the surroundings get water from the Nairobi Water Supply system
while a section obtains their water from the Nol Turesh Water Pipelines. There are also
boreholes (Mavoko Water and Sewerage Company,
(x) Kajiado town and surroundings gets water from boreholes while a sections obtains from
the Nol Turesh Water System,
(xi) Machakos and its surroundings is served from Marumba Dam, Nol Turesh Water
Systems and boreholes under Machakos Water and Sewerage Company
(xii) Kangundo and Tala are served from boreholes and springs

All through the region the residents complain of irregular supplies of water occasioned by rationing
especially during the dry seasons of the year or during drought as happened in 2008 to 2009. To
cushion the water shortages most residents resort to private boreholes, water associations and
project, rivers and shallow wells that needs intervention as is the desire of the project. This provides
a justification of the linkages in water and sanitation interventions.
3.2.5 Air Quality
Air pollution is influenced by traffic flow in the northern zone while the southern zone it is
determined by a combination of traffic flows and industrial activities in Nairobi’s Industrial area,
Mombasa road corridor and Athi River area. Residential areas do not have significant effects to air
quality. The common air pollutants include carbon monoxide, nitrogen oxide, sulphur dioxide, lead
and particulate matter (PM). The Nairobi Metropolitan area does not have any regular air quality
management system yet and any measurements of air pollution have been done on an ad-hoc
basis, i.e. on need basis by different players.
Areas with high vegetation cover (northern zone) and less traffic congestion are expected to have
cleaner air. These include Thika, Ruiru, Limuru and Kiambu. Limuru road and Kiambu road which
share Karura forest Ngong as well as Karen area, which take advantage of the forest cover..
Kajiado, Machakos and Kangundo areas also has fresher air due to the high dispersal from windy
conditions. Dust emissions from sub-project implementation activities, waste management and
machinery discharges are among major points relating to air quality changes within the project
areas. Sample air quality from samples along main road corridors across the Metropolitan shows
that while other typical emissions (SOx NOx and CO2 are relatively low outside the central zone,
levels of particulate matter (dust and suspended solids are notable (see Table below). This is an
indication of the high number of infrastructure projects including roads works and construction
activities.
Table 4: Air Quality Results
Location Air Quality Measurements (Concentration Levels)

20m from the road
SO2 ppm NOX ppm CO2 % Vol. CO ppm PM10 mg/m3
Muthaiga Roundabout ND 0,005 0.05% ND 0.03
Thika at Thika highway ND ND 0.025% ND 0.03

interchange
Forest Road at Limuru ND ND 0.5% ND 11.05
road junction
Tigoni Shopping Centre ND ND ND ND ND
Nyayo Stadium ND ND 0.05% ND 0.2
Roundabout
Lukenya Plains at Athi ND ND 0.05% ND 0.01
River bridge
*TLV 0.191 ppm 0.5 ppm 0.1% 50 ppm 10 mg/m3
Source: MRTS Feasibility Report ND – Not Detectable

3.2.6 Geology and Soils
Geology
Basanites of which are volcanic are the most common rock types at Ngong, Kiserian and Matasia
and are generally overlain by nephrites. The soils in Ngong, Kiserian and Matasia are mainly clay
and sandy loams, friable, well drained and of high fertility with good potential for agricultural
production. The soils in both Matasia and Ngong are fit for agricultural use. Mbagathi phonolitic
trachyte rocks found mainly near Mbagathi River are encountered in Karen areas and parts of
Ngong. The rocks on the Nairobi Core area mainly comprise of a succession of lavas. The soils of
the Nairobi area are products of weathering of mainly volcanic rocks. Weathering has produced red
soils that reach more than 50 feet (15m) in thickness.
Soils
Soils in Machakos district are in general a moderate to high fertility while the dominant soils of the
upland areas are relatively low fertility. Generally, the soils in this area have a variable fertility,
especially on the hills. On the foot slopes of the hills, the soils have an increase in clay depth and
have a moderate low fertility. Over the Athi plains, the soils are black to dark grey clays
(grumosolic) comprising black cotton soils with calcareous and non-calcerous variants. These soils
mainly overlie the Nairobi and Kapiti phonolites, both lava formed impermeable strata over which ill-
drained soils in the Ngong area would also form under similar conditions due to poor drainage.
Shallow stony soils with rock outcrops also characterize the area. Reddish-brown sandy clay loams
occur in pockets and bands in the Athi River area overlying a tuff bed.
Soils in Kiambu district is characterized by soil on volcanic foot ridges. These are soils of moderate
to high fertility and are found in parts of Kiambu division and parts of kikuyu and Limuru divisions.
They are well-drained gray/red in color to dark brown friable clays. These soils cover the coffee
zones where the major cash crops like coffee tea and pyrethrum are grown. Crops such as
cabbages, tomatoes and carrots are grown. The soils in Kajiado district including the Ngong hill and
the Kitengela game conservation area are composed of sediments from the tertiary volcanic rocks
washed down the eastern slope of Rift Valley escarpment and relatively low fertility.
Ruiru-Thika areas are characterized with shallow, yellow red, friable clays overlying a laterite
horizon. They usually show a low humus layer overlying friable clay passing downwards into
massive laterite and represent soil with slight seasonal impeded drainage. Some rocks were noted
exposed due to construction works on Thika road range from volcanic tuffs, phonolites and
trachytes. Some of these tuffs are used for commercial purposes especially in Thika where there
are several companies using them. Around Clayworks area, red soils are used in the construction
industry and a thick layer of red soils is also very common in Kiambu. In the Kangundo and
Machakos areas the soil is used for bricks making.
3.2.7 Climatic Conditions
Rainfall, temperature, and winds are the principal climatic factors that serve to transport, disperse
various forms of pollution into the atmosphere and on the ground. The area has a temperate
tropical climate with two rainy seasons. Highest rainfall is received between March and April and
the short rainy season is between October and December. The mean annual rainfall ranges
between 850 – 1,050mm. The mean daily temperature ranges between 12 oC and 26°C. It is usually
dry and cold between July and August, but hot and dry in January and February. The mean monthly
relative humidity varies between 36% and 55%. The mean daily sunshine hours varies between 3.4
and 9.5 hours. The cloudiest part of the year is just after the first rainy season, when, until
September, conditions are usually overcast with drizzle.
Thika and Ruiru have a bimodal rainfall patterns with long rains occurring in the months of March
and May and short rains in the months of October and November. The area is semi-arid region and
receives low rainfall ranging from 116mm to 965mm. Thika district has a mean temperature of 20ºC
with coldest months being June, July and August. The hottest months are February, March and
April. Temperatures also vary during the year with a mean minimum of 8ºC and a mean maximum
30oC.
Kajiado district and the general area, short rains occur between October and December while the
long rains occur between March and May. The coolest period is between July and August while the
hottest months are from November to April. Machakos district has the short rain season starts at the
end of October and lasts till December while the long rain season starts at the end of March and
continues up to May. The annual average rainfall ranges between 500mm in lowland area to
1,300mm in the high altitude areas of Matungulu, Kangundo and Central divisions.
3.2.8 Biodiversity
Most of the biodiversity within the Central Business District (CBD) has been lost through social and
economic development. The upper hill and Kilimani/Lavington areas of the city formerly the leafy
suburbs and indeed most areas in the western and northern zones, the biodiversity has been
altered to pave way for development of high-rise commercial and residential buildings. However live
fences and hedges are notable accompanied by various species of exotic and ornamental trees and
shrubs. Various types of plant and animals exist on the northern zone ranging from natural forests,
planted vegetations mostly in private land, tea and coffee bushes and other agricultural vegetation.
Several rivers and wetlands also exist. Karura forest that is crossed by both Kiambu road and
Limuru road influences the vegetation species along the northern corridor. Among the key features,
include the following;
The Nairobi National Park

Nairobi National park is located about 7km from the Nairobi's City centre. It borders the South Kapiti
plains and Kitengela Migration Corridor. The park covers an area of 117.21km2 and altitude ranges
between 1,533m a.s.l. and 1,760m a.s.l. It has a diverse range of habitats and species. The park's
predominant environment is open grass plain with scattered Acacia bushes. The western uplands of
the park have highland dry forest with stands of Olea africana, Croton dichogamus, Brachylaena
hutchinsii, and Calodendrum. The lower slopes of these areas are grassland, with Themeda,
Cypress, Digitaria, and Cynodon species found in these grassland areas. There are also scattered
yellow-barked Acacia xanthophloea. There is a riverine forest along the permanent river in the
south of the park. The park has a large and diverse wildlife population, which include buffalo,
baboon, black rhinoceros, zebra, cheetah, hippopotamus, leopard, lion, gazelle, eland, impala,
giraffe, ostrich, vulture, and waterbuck and also a variety of birds.
Ngong Forest Sanctuary

Ngong Forest Sanctuary is 6km from Nairobi’s city centre. The Ngong Forest Sanctuary comprises
538ha. of forest, 80% indigenous forest and the rest exotic Eucalyptus plantations, located within
the larger Ngong Road Forest Reserve. It is home to over 120 bird species, over 35 mammals and
numerous insects, reptiles, amphibians and fish.
Nairobi Arboretum
The Nairobi Arboretum covers some 70 acres, lying between State House Gardens and the
Kirichwa River in Kileleshwa. It has a large collection of trees and shrubs from the tropics.
Indigenous trees in the arboretum are Brachylaena huillensis, Podocarpus falcatus and Markhamia
lutea and Croton megalocarpus. There are some monkey species also found in the area and a
variety of birds.
Ol Donyo Sabuk
The Ol Donyo Sabuk national park is located in the southern corridor. The ecosystem constitutes a
mountain which is entirely covered with dense mountains. Buffalo are the dominant animals others
include bushbuck, leopard, olive baboon, Columbus monkeys, velvet monkey, bush pig, reedbuck,
bush-baby, porcupine, mongoose, python and monitor lizard. The park is home to 45 species of
birds which include sparrows dove, eagle, and guinea fowls.
Karura Forest
Karura Forest is situated within 5km from the city centre off the Thika – Nairobi Highway along
Kiambu Road. The forest spanning for a couple hundred hectares is a unique features where
significant efforts by conservation groups have been invested. Like the Nairobi Arboretum, Karura
Forests has special features including plant species and small wildlife species. The forest also
influences the local climatic conditions as well as natural vegetation. It is, however, being
encroached upon by human developments including settlements and institutional facilities.
3.3 Social and Economic Setting
3.3.1 Location
The Nairobi Metropolitan consists of four zones namely Northern, Southern, Eastern and Central.
The administrative units under the Nairobi Metropolitan Zones are as represented in the table
below;
Table 5: Administrative Units of the Metropolis

Zones Proposed Counties under the Current administrative district units
new constitution
Central Nairobi Embakasi, Kasarani, Makandara, Langata,
Dagoretti, Westlands, Kamukunji
Eastern Machakos Masinga
Yatta
Kangundo
Machakos
Northern Kiambu Kiambu East
Kiambu West
Thika
Southern Kajiado Kajiado
Loitokitok
Kathiani
Athi River
3.3.2 Population Distribution and Settlement Patterns
The Nairobi Metropolitan Area is composed of four counties namely Nairobi, Machakos, Kiambu,
and Kajiado. The total population of the NMR is estimated to have increased from 4.85 million in
1999 to 6.7 million in 2009 at an average annual growth rate of 3.3%. The density of population in
the NMR stood at 207 persons per sq. km. in 2009. The population share of the NMR to the total
population in Kenya is estimated to have increased from 16.9% in 1999 to 23% in 2010. The
population of Nairobi central zone was 3.1 million 2000 and accounted for 64% of the total
population of the NMR. The population of each of these Counties is as presented in the figure
below as reported from the National Population Census report of 2009:

Figure 2: Population by Counties in 2009
Source: National population Census Report (2009)
Nairobi central zone is dominated by apartments and as well as big bungalows type housing
while the rest of the NMR is characterized by low rise residential developments. In addition,
there are slums in the heart of the city of Nairobi. Nairobi and NMR have low household size of
3.2 and 3.4 as compared to the country’s average household size of 4.4
3.3.3 Land Tenure and Land Use
Three land ownership systems exist in the Nairobi metropolitan area. These include government
(central government/local government land), privately owned (institutional, individual and
societies/company) land and communal/trust land (land held in trust by county councils for
communities). Land sizes vary from one metro to another depending on population density. In the
central zone of Nairobi districts, land has been sub-divided into plots ranging from below an eight to
over one acre depending on use and location.
In the northern zones of Kiambu and Thika districts, land has been subdivided into small pieces
except in large scale coffee and tea farms as well as society/cooperative areas and lowland zones
of Thika district. The Eastern (Machakos, Kathiani, Athi River and Kangundo districts) and Southern
zones (Kajiado and Loitokitok districts), land sizes are relatively average in the rural setting while in
the urban setting, land has been sub-divided into plots. In limited cases, there are large tracts of
land including cooperative/society and individual ranches.
3.3.4 Encroachments Status
Demand for land in the City of Nairobi and most other parts of the Metropolitan are increasingly
exposing public land to possible encroachments. The tendency is not confined in any particular
social class or region, but affects all areas where public land (road reserves, public schools, forests
and conservation areas, riverine riparian areas, rail road reserves and institutional premises) is
found. The level of encroachments cannot be described in one statement, but rapid observations
illustrates among other features kiosks, settlements, waste dumping, building structures and
garages among others. Recent events in parts of Nairobi are evidence of how serious
encroachments onto public land has become.
In view of the above situation, all space intensive sub-projects established under NaMSIP should
undergo collaborated assessment and appropriate mitigation mechanisms established to minimize
potential conflicts with landowners and land use features. Among the areas of focus include the City
of Nairobi, development along the major road corridors (Thika highway, Mombasa road, Naivasha
road, Langata road, Ngong road and Kangundo road among others. NaMSIP has a Resettlement
Policy Framework which follows World Bank Operational Policy OP 4.12 – Involuntary
Resettlement, and the Government of Kenya laws on land acquisition and compensation. In cases
of difference between the two, OP 4.12 prevails.
3.3.5 Land Use
Land use structure of the various urban centres of NMR, show that each town has some portion of
land under agricultural use which if required can be utilised for further development of the towns.
Another striking feature revealed in the land use distribution is the fact that apart from Machakos, all
other towns have very less recreational spaces.
It is noted that most local authorities including the City of Nairobi have not strictly enforced the
physical planning and land use policies and regulations. As such, there is no clear definition of the
type of development or land use, a situation that lead to mixed land use patterns in most places.
This situation is more pronounced in urban areas and transition areas where developers are
continually changing land use from either agricultural to settlement, institutional and commercial
use. The proposed sub-projects, therefore, should be well screened such as to avoid conflicts with
the other land use features, ultimately setting a leadership forum for the enforcement of physical
planning and land use regulations.
Local Authorities are expected to implement some of the sub-projects under NaMSIP and therefore,
would be expected to guide on projects and site selections criteria that take into account physical
planning and land use plans.
3.3.6 Income and Poverty Levels
Poverty levels in the Nairobi Metropolitan area vary from within individual zones and from one zone
to another. In the central zone, 48% of the population lives below the poverty line. The poor are
confined into living in slums and peri-urban areas. 28% of the population in the northern zone is
poor while in the southern and eastern zones, poverty levels are relatively high 52% and 61%
respectively. The table below analyses poverty aspects outside the Nairobi central zone
Table 6: Poverty Indicators outside the Nairobi Central Zone
District Absolute Contribution To Urban Poor Rural Poor Food Poverty

Poverty (%) National Poverty
Kajiado 52 0.45 39.4 42.7 40
Machakos 60.7 4.7 43.1 59.6 54
Kiambu 21.6 1.48 48 25.1 25.1
Thika 36.6 1.5 39 35 1.9
The NaMSIP projects will aim at reducing poverty levels through increased incomes in and beyond
areas where they will be implemented. This will be realized through direct and indirect employment
creation as well as advantageous opportunities arising from implementation of the NaMSIP project.
3.3.7 Economic Activities

The economy of Nairobi Metropolitan area ranges from the modern formal sector that includes
wages and salaried employment in the private and public sectors to the informal sector including
farming, retail trade activities that are mostly prevalent in the low class estates and consist of petty
trade (Green groceries, “juakali”, hawking). Hawking of various merchandise along the main roads
and on bus stops selling such goods as milk collected from local sources and dairies is common.
The main economic activities on each set-up are as follows:
Table 7: Notable Economic Activities
Set-up Specific areas Economic activities
Urban Nairobi CBD and its suburbs as well as  Informal and formal Employment
commercial centres along each road  Manufacturing
corridor  Services
 Trade
Rural Between:
 Kisaju and Kajiado,  Agriculture notably crop growing and
 Mavoko and Machakos pastoralism
 Ruai and Tala then Kangundo  Informal employment
 Ruiru-Thika  Business
 Karura and Kiambu  Quarrying and sand harvesting
 Uthiru and Kimende  Services (e.g. schools)
 Ngong-Kiserian then Isinya
The Central zone is the commercial and business hub of Kenya where businesses, industries and
commercial businesses dominate. The Northern zone is dominated by farming and supplies Nairobi
with almost all her food requirements especially fresh foods. In addition, there is also quarrying.
However, in the commercial towns of Thika and Kiambu among others, commercials and industries
are quite evident.
In the Eastern zone, the main economic activities is farming (subsistence crop growing and
livestock keeping) dotted with heavy industries mostly located in Athi River town and, businesses in
the commercial centers Machakos, Athi River and Kangundo among others. Other activities include
quarrying. Southern zone main economic activity is livestock keeping while crop growing takes a
lesser portion. Other economic activities include industries and commercial businesses mostly
located in the urban centers of Kitengela, Kajiado, Ngong and Loitokitok.
The NaMSIP projects will enhance economic activities within the NMR by easing transport and
access to goods and services. It will also, facilitate access to and increase per capita, social
facilities thereby enabling more people to access and enjoy facilitate.
3.3.8 Infrastructure
The Nairobi metropolitan area has three main types of transport infrastructure. These include
Roads, Railway and air. In NMR, the road system is the most predominant. While orbital roads are
missing, NMR road network takes a radial pattern where Nairobi City is the focus with a total of 9
radial roads. This has led to concentration of activities within and intense traffic to and from the city.
The main radial roads across Nairobi are Nairobi-Thika Road (A-2), Nairobi-Eldoret-Uganda) (A-
104) and Nairobi-Mombasa (A109) which area also important international trunk roads carrying
large volume of traffic. The major concentration of people and activities are along these road
corridors. Traffic of the regional towns is characterised by high intensity of walk trips, long trip
lengths by vehicles, high share of work trips and high dependence on public transport modes,
primarily the matatus (mini buses and light vehicles). In addition, there are light transport means

including motor bikes, bicycles and donkeys as well as pedestrian walking – commonly known as
route eleven. The Nairobi metropolitan area is fully covered by all service providers including
Telkom, Safaricom and Airtel and Cyber cafes are common in the urban areas.
The extent of coverage of each of these transport infrastructures is presented in the figure below:
Figure 3: Transport infrastructures Metropolitan
Source: District Development Plans
3.3.9 Socio-cultural Profile
The central zone is a cosmopolitan and multicultural area as reflected in the numerous major ethnic
groups (the Luhya, Luo, Kikuyu Indians and Europeans), and worship facilities including churches,
mosques, temples and gurdwaras
In all the other three zones (Northern, Southern and Eastern), the towns are characterized with
cosmopolitan socio-cultural profiles while the rural have distinct cultures where traditional believes
and practices dominate. The northern zone is dominated by the Kikuyu ethnic group, the southern
by the Masai and Eastern by the Kamba.

Chapter 4: Policy and Legal Framework
4.1 National Policies
Recent policy and legislative developments have been substantially directed at redefining the role
of the state with separation of policy and regulation (state responsibility) from implementation
(private sector and/or statutory bodies). At the same time, there has also been movement to
redefine the role of the state vis-à-vis the individual and/or community groups. The new constitution
and policies such as the National Land Policy have considerably strengthened the community
rights. This is critically important as developments such as the proposed project components can
create social conflicts with the affected communities or individuals effectively delaying the project.
This implies a need to engage the affected communities from the earliest stages of project planning.
4.1.1 The Constitution of Kenya
Article 42 of the Bill of Rights of the Kenyan Constitution provides that ‘every Kenyan has the right
to a clean and healthy environment, which includes the right to have the environment protected for
the benefit of present and future generations through legislative and other measures’. Under
Chapter 5 (land and Environment), Part 1 is devoted to land. It requires that land be used and
managed in ‘a manner that is equitable, efficient, productive and sustainable, and in accordance
with the following principles;
(i) Equitable access to land

(ii) Security of land rights
(iii) Sustainable and productive management of land resources
(iv) Transparent and cost effective administration of land
(v) Sound conservation and protection of ecologically sensitive areas
Part 2 of Chapter 5 of the constitution is dedicated to Environment and Natural Resources. Article
69 in Part 2 provides that the state shall;
(i) Ensure sustainable exploitation, utilization, management and conservation of the

environment and natural resources, and ensure the equitable sharing of the accruing
benefits
(ii) Work to achieve and maintain tree cover of at least ten per cent of the land area of
Kenya
(iii) Encourage public participation in the management of, protection and conservation of the
environment
(iv) Protect genetic resources and biological diversity
(v) Establish systems of environmental impact assessment, environmental audit and
monitoring of the environment
(vi) Eliminate processes and activities that are likely to endanger the environment
(vii) Utilize the environment and natural resources for the benefit of the people of Kenya
Further, Article 70 states that if a person alleges that a right to a clean and healthy environment
recognized and protected under Article 42 has been, is being or is likely to be, denied, violated,
infringed or threatened, the person may apply to a court for redress. The sub-project should ensure
compliance with the constitution in so far as equitable sharing of the resources, between the
stakeholders. Further, the project should ensure the sustainability of livelihoods and biological
resources within the project areas are protected. Any development proposals should also be

cognizant of the increased powers under the Constitution given to communities and individuals to
enforce their rights through legal redress
4.1.2 Kenya Vision 2030
Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was
developed following on the successful implementation of the Economic Recovery Strategy for
Wealth and Employment Creation which saw the country’s economy back on the path to rapid
growth since 2002. GDP growth rose from 0.6% to 7% in 2007, but dropped to between 1.7% and
1.8% in 2008 and 2009 respectively. The objective of the vision 2030 is to transform Kenya into a
middle income country with a consistent annual growth of 10 % by the year 2030”. The 2030 goal
for urban areas is to achieve “a well-housed population living in an environmentally-secure urban
environment.” This will be achieved by bringing basic infrastructure and services namely roads,
street lights, water and sanitation facilities, storm water drains, footpaths, and others.
One of the aims of the vision is to make Kenya to be a nation that has a clean, secure and
sustainable environment by 2030. This will be achieved through promoting environmental
conservation to better support the economic pillar. Improving pollution and waste management
through the application of the right economic incentives in development initiatives is critical. The
current land use practices in the country are incongruent with the ecological zones. For instance,
large portions of land in high potential areas have been subdivided into uneconomic parcels, while
some parts of land in the medium and low potential areas are rapidly being converted into
agriculture, despite the fragile environment they are located in.
4.1.3 Nairobi Metro 2030
Nairobi Metro 2030 was developed in the year 2008 to provide a guide for the NMR play its role in
the National growth strategies under the Kenya Vision 2030. It is a transitional document that brings
into focus challenges faced under urban growth and development. The document provides forum to
achieve sustained rates of economic growth necessary for successful economic and social
development. The Metro 2030 provides links with the Central Government through Kenya Vision
2030 and other development plans as well as seeking to strengthen the Local Authorities as part of
the devolvement of power and recognizing need for ensuring efficient and effective management of
resources at the grassroots.
Nairobi Metro 2030 carries the vision for Nairobi Metropolitan Region to be a World Class African
Metropolis supportive to the overall national agenda under the Kenya Vision 2030. The agenda to
achieve this vision is the need to enhance mechanisms for economic growth, employment creation,
improved lifestyles and improved infrastructure. Success in this regard is expected to show in a
number of result areas outlined under the document among them world class infrastructure and
utilities.
4.1.4 MoNMED Strategic Plan (2008 – 2012)
The Vision for the Ministry of Nairobi Metropolitan Development is “to make Nairobi Metropolis a
globally competitive region for investment and sustainable development” while the Mission is to
“facilitate development of sustainable infrastructure and policies for effective and efficient service
delivery in the Metropolitan Region” The plan aligned against the Kenya Vision 2030 whose social
pillar aims to achieve a just, cohesive and equitable social development in a clean and secure
environment, has among main objectives;

(i) Formulate and implement a policy framework for the development of Nairobi
Metropolitan,
(ii) Develop a world class infrastructure and utilities for the metropolitan region,
(iii) Enhance the quality of life and inclusiveness in the metropolitan region.
The Strategic Issue No. 8 addresses the Plan Objective No. 8 (item (iii) above - Enhance the quality
of life and inclusiveness in the metropolitan region) whose strategy is to improve the natural
environment within the Metropolis). This is perhaps the over-riding strategy guiding environmental
and social integration in NaMSIP initiatives. Other issues are various addressed through the Plan
Strategic issues such as to cover potential inter-sectoral agencies’ conflicts, security, resources
utilization and social infrastructure among others.
4.1.5 The Land Policy (2007)
Environmental management principles: To restore the environmental integrity the government shall
introduce incentives and encourage use of technology and scientific methods for soil conservation
and maintain beaches at high and low water mars and put in place measures to control beach
erosion. Fragile ecosystems shall be managed and protected by developing a comprehensive land
use policy bearing in mind the needs of the surrounding communities. Zoning of catchment areas to
protect them from further degradation and establishing participatory mechanisms for sustainable
management of fragile ecosystems will also be done. It will also develop procedures for co-
management and rehabilitation of forest resources while recognizing traditional management
systems and sharing of benefits with contiguous communities and individuals. Lastly all the national
parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are
declared fragile ecosystems.
Conservation and sustainable management of land based natural resources: The sustainable
management of land based natural resources depends largely on the governance system that
defines the relationships between people, and between people and resources. To achieve an
integrated approach to management of land based natural resources, all policies, regulations and
laws dealing with these resources shall be harmonized with the framework established by the
Environmental Management and Coordination Act (EMCA),1999.
The new land policy has a vision of ‘efficient, sustainable and equitable use of land’. It designates
all land in Kenya as Public, Community or Private; ‘Community land’ replaces the Trust Land
category. It also recognizes and protects customary land rights. Recognition of community land
(formally trust land under a County Council control) is provided under section 66(d) (ii) for restitution
of illegally acquired as part of trust land to the affected communities and (v) for governing
community land transactions using participatory processes.
Some key relevant issues;
(i) The exercise of (these) powers (compulsory acquisition and development control) should
be based on rationalized land use plans and agreed upon public needs established
through democratic processes (Section 43),
(ii) Ensure that the exercise of development control takes into account local practices and
community values on land use and environmental management (Section 51(f)),
(iii) Ensure effective public participation in the exercise of development control (Section
51(g)),

(iv) Strategies for sharing benefits should be developed taking into account the nature of the
resources involved and the contribution that diverse actors make to the management of
the resources (Section 98).
The policy also addresses land management. Key issues include Section 3.4.3.2 – ecosystem
protection (including wetlands). Measures for protection are required 134 – fragile ecosystems to
be managed and protected. 136 – Protection of watersheds, lakes, drainage basins & wetlands
shall be guided by among other principles prohibition of settlement and agricultural activities in the
water catchment areas, identification, delineation and gazettement of all water courses and
wetlands as well as integrated resource management based on ecosystem structure.
4.1.6 National Environmental Action Plan
According to the Kenya National Environment Action Plan (NEAP, 1994) the Government
recognized the negative impacts on ecosystems emanating from economic and social development
programmes that disregarded environmental sustainability. In this regard, establishment of
appropriate policies and legal guidelines, as well as harmonization of the existing ones, has been
accomplished, while some others are in the process of development. Under the NEAP process EIA
was introduced and among the key participants identified were the institutions dealing with water
resources management. Chapter 4 subsection 4.1.3, the NEAP report recommends that EIA be
made a pre-condition for approval of all projects as well as post investment impact assessment for
all related operations.
4.1.7 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development
Among the key objectives of the Sessional Paper No. 6 of 1999 on Environment and Sustainable
Development (1993) include ensuring that development policies, programmes and projects take
environmental considerations into account, ensuring that an independent environmental impact
assessment (EIA) report is prepared for any development before implementation and to ensure that
effluent treatment standards that conform to acceptable health standards. This paper provided the
basis for the environmental Policy framework that is in the process of formulation. Under this paper,
broad categories of development issues have been covered that require sustainable approach.
These issues include the waste management and human settlement sectors. The paper
recommends the need for enhanced re-use/recycling of residues including wastewater and
increased public awareness raising and appreciation of clean environment as well as the
participation of stakeholders in the management of wastes within their localities. Regarding human
settlement, the paper encourages better planning in both rural and urban areas and provision of
basic needs such as water, drainage and waste disposal facilities among others for decent housing
of every family.
4.1.8 Forest Policy
Forests provide timber, energy, food and medicines, conservation of biodiversity, and protection of
the key watersheds for water supply. The Sessional Paper No. 9 of 2005 on Forest Policy provides
guidance on the sustainable management of forests, in the face of increasing pressure on the
forests. It covers indigenous forests, farm forestry, industrial forestry, and dry land forestry. The
overall goal is enhanced contribution from the forest sector in the provision of economic, social and
environmental goods and services. Specific objectives include poverty reduction, employment,
improved livelihoods, sustainable land and water management, the participation of the private
sector and communities in forest management, promotion of farm forestry and dry land forestry,
extension and research. Key shifts from past policy include:
(i) A commitment to expanding the forest area to at least 10% of the country
(ii) A focus on sustainable management rather than utilization
(iii) Encouragement to the private sector to invest in commercial forest activities
(iv) Empowerment of local communities to participate in forest management
(v) Increased support to farm forestry
(vi) Promotion of indigenous species as opposed to exotics
(vii) Increased attention to dry land forests and woody vegetation
(viii) Allowing the free market to determine prices for forest products
(ix) Improvements in and regulation of charcoal production
(x) Promotion of non-timber forest products
(xi) Forest sector legal reforms, to strengthen the legal framework, incorporate the above
aspects (e.g. participation of communities and the private sector), and allow forest
department management outside of gazetted areas
(xii) Improved governance, notably the creation of the semi-autonomous Kenya Forest
Service (KFS)
(xiii) Recognition and protection of traditional forest user rights
4.1.9 The National Biodiversity Strategy, 2007
The overall objective of the National Biodiversity Strategy and Action Plan (NBSAP) is to address
the national and international undertakings elaborated in Article 6 of the Convention on Biological
Diversity (CBD). It is a national framework of action to ensure that the present rate of biodiversity
loss is reversed and the present levels of biological resources are maintained at sustainable levels
for posterity. The general objectives of the strategy are to conserve Kenya’s biodiversity to
sustainably use its components; to fairly and equitably share the benefits arising from the utilization
of biological resources among the stakeholders; and to enhance technical and scientific cooperation
nationally and internationally, including the exchange of information in support of biological
conservation.
4.1.10 National Policy on Water Resources Management and Development
The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of
1999) was established with an objective to preserve, conserve and protect available water
resources and allocate it in a sustainable rational and economic way. It also desires to supply water
of good quality and in sufficient quantities to meet the various water needs while ensuring safe
disposal of wastewater and environmental protection. The policy focuses on streamlining provision
of water for domestic use, agriculture, livestock development and industrial utilization with a view to
realizing the goals of the Millennium Development Goals (MDGs) as well as Kenya Vision 2030. To
achieve these goals, water supply (through increased household connections and developing other
sources) and improved sanitation is required in addition to interventions in capacity building and
institutional reforms.
While the National Policy on Water Resources Management and Development (1999) enhances a
systematic development of water facilities in all sectors for promotion of the country’s socio-
economic progress, it also recognizes the by-products of this process as wastewater. It, therefore,
calls for development of appropriate sanitation systems to protect people’s health and water
resources from institutional pollution. Development projects, therefore, should be accompanied by
corresponding waste management systems to handle the wastewater and other waste emanating
there from. The same policy requires that such projects should also undergo comprehensive EIAs
that will provide suitable measures to be taken to ensure environmental resources and people’s

health in the immediate neighbourhood and further downstream are not negatively impacted by the
emissions.
4.1.11 Wildlife Policy
The current wildlife policy and act are over thirty years old and are currently being reviewed. A new
draft policy and act is expected by the end of 2008. Until this is approved, and legislation enacted,
wildlife is governed by the existing policy and act. The main objective of wildlife policy in the past
was preservation of as many animals as possible. The policy promoted a secure export market for
products of consumptive wildlife utilization (sports hunting, sale of meat, skins and trophies), that
would not be closed through “preservationist” pressure by overseas governments and firms. The
responsible agency is the Kenya Wildlife Service, which is currently administratively responsible to
the Ministry of Tourism.
Sessional Paper No. 3 of 1975, Statement on Future Wildlife Management Policy in Kenya, The
Government’s basic policy objectives with respect to wildlife are stated in the Sessional Paper No. 3
of 1975. These include identifying the best land uses (or combinations of uses) for specific areas of
land, in terms of their land and short run benefits to people, ensuring implementation of those uses
and ensuring a fair distribution of benefits of those uses. The Sessional Paper underlines the fact
that 5% of Kenya’s area, under exclusive wildlife use, promises the highest returns, mainly from the
tourist industry and by maintaining examples of the main types of habitants found in the country.
The Government declared such areas as National Parks, National Reserves, or County Council
Game Reserves. It also allocated financial and human resources necessary to ensure that their
potentials are achieved. The Paper further observes:
(i) Maximum returns from 80% of the land can only be secured through proper utilization of
wildlife in combination with other forms of land use mainly ranching and forestry.
(ii) Wildlife management is important even in areas suitable for high-density arable
agriculture, where the policy aims at efficiently minimizing damage to crops by wild
animals. This area may, of course expand, with the introduction of new crops or
extension of irrigation schemes in the drier areas.
(iii) The main future emphasis of wildlife policy will be upon finding means to secure
optimum returns from the wildlife resources for the benefit of landowners and the nation
generally. Policing and control activities, directed to preservation of wildlife, ceased to
be the main content of policy but to continue as important components.
4.1.12 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies
Paper (PRSP)
The objective of the NPEP is to reduce the incidence of poverty in both urban and rural areas by
50% by the year 2015 as well as strengthening the capabilities of the poor and the vulnerable
groups to earn income. Also it aims to narrow gender and geographical disparities and create a
healthy, better educated and more productive population. The plan has been prepared in line with
the goals and commitment of The World Summit for Social Development (WSSD) of 1995 and
focuses on the four WSSD themes of poverty eradication, reduction of unemployment, social
integration of the disadvantaged people and creation of enabling economic, political, and cultural
environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed
in collaboration with government ministries; community based organizations, the private sector,
non-governmental organizations, and bilateral and multilateral donors.

The NPEP emphasizes the empowerment of poor people and their communities to better manage
their resources for collective advancement. The PRSP has the twin objectives of poverty reduction
and economic growth. The paper articulates Kenya’s commitment and approach to fighting poverty,
with the basic rationale that the war against poverty cannot be won without participation of the poor
themselves. Any development project that incorporates these strategies in its plans is most
welcome in Kenya.

4.2 Legal Aspects
Table 8: Key Environmental Legal Sections in Kenya
Legal Section Relevant Provisions Compliance Aspects
The Environment Part II of the Environment Management & Coordination Act, 1999 states that This applies in all aspects of the intervention project
Management and Co- every person in Kenya is entitled to a clean and healthy environment and has including among others;
ordination Act, 1999 the duty to safeguard and enhance the environment. In order to partly ensure
this is achieved, Part VI of the Act directs that any new programme, activity or  Social disruption control
operation should undergo environmental impact assessment and a report  Waste management
prepared for submission to the National Environmental Management Authority  Effluent discharge practices
(NEMA), who in turn may issue a license as appropriate.  Aerial emissions,
 Excessive noise and vibrations
Section 87 sub-section 1 states that no person shall discharge or dispose of any  Excavations and soil loss
wastes, whether generated within or outside Kenya, in such a manner as to  Adverse interference with natural resources
cause pollution to the environment or ill health to any person, while section 88 including wetlands and water resources.
provides for acquiring of a license for generation, transporting or operating waste
disposal facility. According to section 89, any person who, at the commencement The project cycle should ensure compliance with this
of this Act, owns or operates a waste disposal site or plant or generate statute all the time
hazardous waste, shall apply to the NEMA for a license. Sections 90 through
100 outline more regulations on management of hazardous and toxic
substances including oils, chemicals and pesticides.
Finally, the environmental impact assessment guidelines require that study be

conducted in accordance with the issues and general guidelines spelt out in the
second and third schedules of the regulations. 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.
Environmental Water Quality Management Regulations, 2006 (Legal Notice No. 120)
Management Regulations Applies anytime there is a discharge of effluent into
These regulations were drawn under section 147 of the Environmental the environment without meeting the established
Management and Coordination Act 1999. In accordance with the regulations, standards. This requires all time compliance through
every person shall refrain from acts that could directly or indirectly cause the project cycle.
immediate or subsequent water pollution and no one should throw or cause to
flow into water resources any materials such as to contaminate the water. The
regulation also provides for protection of springs, streams and other water
sources from pollution.
Waste Management Regulations, 2006 (Legal Notice No. 121)
The regulations are formed under sections 92 and 147 of the Environmental Will apply on disposal of solid wastes into the
Management and Coordination Act, 1999. Under the regulations, a waste environmental without complying with the established
generator is defined as any person whose activities produces waste while waste standards and procedures. Requires all time
management is the administration or operation used in handling, packaging, compliance.
treatment, conditioning, storage and disposal of waste. The regulations requires

a waste generator to collect, segregate and dispose each category of waste in
such manners and facilities as provided by relevant authorities. Regarding
transportation, licensed persons shall operate transportation vehicles approved
by NEMA and will collect waste from designated areas and deliver to designated
disposal sites.
Noise and Excessive Vibration Pollution Control Regulations, 2009
Part II section 3(I) of these Regulations states that: no person shall make or Effects of activities with noise and vibrations in
cause to be made any loud, unreasonable, unnecessary or unusual noise which excess of the established standards
annoys, disturbs, injures or endangers the comfort, repose, health or safety of
others and the environment and section 3(2) states that in determining whether
noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also
states that: except as otherwise provided in these Regulations, no person shall
(a) make or cause to be made excessive vibrations which annoy, disturb, injure
or endanger the comfort, repose, health or safety of others and the environment;
or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per
second beyond any source property boundary or 30m from any moving source.
Air Quality Regulations
Under the general prohibitions (Part II), section 5 states that no person shall act Emitting activities expected to meet the established
in a way that directly or indirectly causes immediate or subsequent air pollution. minimum levels in the air, particularly in areas
Among the prohibitions are priority air pollutants (as listed under schedule 2 of habited by human being as well as protected areas.
the regulations) that include general pollutants, mobile sources and green house
gases. Odours are also prohibited under section 9 of the regulations (offensive
emissions).
Biodiversity Regulations
Part II of Regulations, section 4 states that no person shall engage in any activity Has relevance on activities interfering with natural
that may have adverse impacts on ecosystems, lead to introduction of exotic habitats and genetic species therein.
species or lead to unsustainable use of natural resources without an EIA license.
The regulation puts in place measures to control and regulate access and The affected species need to be identified during an
utilization of biological diversity that include among others banning and ESIA process and restoration plan established before
restricting access to threatened species for regeneration purposes. It also the sub-project implementation commences
provides for protection of land, sea. Lake or river declared to be a protected
natural environmental system in accordance to section 54 of EMCA, 1999.
The Water Act 2002 Part II section 18 provides for national monitoring and information systems on The statute established to coordinate sustainable
water resources. Following on this, sub-section 3 allows the Water Resources utilization of water resources including protection of
Management Authority to demand from any person, specified information, the same from pollution and degradation (abstraction,
documents, samples or materials on water resources. Under these rules, specific use and disposal of wastewater thereof)
records may be required to be kept and the information thereof furnished to the
authority on demand. Related water rules should be applied at all times.
Water related initiatives should undergo ESIA
Section 25 of the Act requires a permit to be obtained for among others any use process/

of water from a water resources, discharge of a pollutant into any water

resource. According to section 29 of the same Act, application for such a permit
shall be subject to public consultation as well as an environmental impact
assessment as per the Environmental Management and Coordination Act, 1999.
The conditions of the permit may also be varied if the authority feels that the
water so used is causing deterioration of water quality or causing shortage of
water for other purposes that the authority may consider has priority. This is
provided for under section 35 of the Act.
Water Rules One of the outcomes of the water sector reforms has been improved regulatory Sets the standard procedures and rules to be
framework for water resource management and use. In addition to the Water Act followed in the utilization of water resources including
2002, the main document outlining the regulations is the Water Resource abstraction controls, modes of use and
Management Rules 2007. The rules set out the procedures for obtaining water responsibilities in protection of the resources
use permits and the conditions placed on permit holders. Sections 54 to 69 of including effluent treatment standards.
the Water Resources Management Rules 2007 impose certain statutory
requirements on dam owners and users in regard. The rules were established as implementation tools
for the Water Act 2002
Other sections within the rules imply that WRMA can impose water quality
sampling requirements from the water sources and impacts to the hydrology,
water chemistry and river morphology downstream basin. Section 16 of the
Water Rules requires approval from the Water Resources Management Authority
(WRMA) for a variety of activities that affect the water resources, including the
storage of water in dams and pans. Approval by WRMA is conferred through a
Water Permit. A permit is valid for five years and must be renewed.
Section 104 of the Water Resource Management Rules requires certain water
permit holders to pay water use charges. The intention of the water use charges
was to raise revenue for water resource management, raise revenue for
catchment conservation activities, improve efficiency of water resource
abstraction and provide a system of data collection on water resource usage.
Public Health Act Part IX section 115 states that no person shall cause nuisance or condition liable For all projects with direct or indirect implications on
to be injurious or dangerous to human health. Section 116 requires Local the health of the workers or the neighbouring
Authorities to take all lawful, necessary and reasonably practicable measures to communities.
maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance
or condition liable for injurious or dangerous to human health. All health and safety measures should be in place to
ensure the workers and the neighboring communities
Such nuisance or conditions are defined under section 118 as waste pipes, are not exposed to risks
sewers, drains or refuse pits in such a state, situated or constructed as, in the
opinion of the medical officer of health, to be offensive or injurious to health. Any
noxious matter or waste water flowing or discharged from any premises into
Public Street or into the gutter or side channel or watercourse, irrigation channel
or bed not approved for discharge is also deemed as a nuisance. Other
nuisances are accumulation of materials or refuse which in the opinion of the
medical officer of health is likely to harbour rats or other vermin.

On the responsibility of local authorities, Part XI section 129 of the Act states in
part “It shall be the duty of every local authority to take all lawful, necessary and
reasonably practicable measures for preventing any pollution dangerous to
health of any supply of water which the public within its district has a right to use
and does use for drinking or domestic purposes, and purifying such supply so
polluted”. Section 130 provides for making and imposing on local authorities and
others the duty of enforcing rules in respect of prohibiting use of water supply or
erection of structures draining filth or noxious matter into water supply as
mentioned in section 129.
Forest Act The Forest Act No7 of 2005 consolidates all forests under the act, and All the projects are geared towards complying with
prescribes heavy penalties for damage to forests and trees. Charcoal burning in this law. Complementation of other regulations would
a forests or farmlands without a license or permit is an offence. Section 52(1) be necessary.
deals with felling, cutting, burning, injuring or removing of any forest produce
only cover state, local authority or provisional forest. It sets heavy penalties for The sub-projects have potential to interfere with
damaging trees. This will assist farmers in maximizing benefits from growing forested areas calling for restoration measures
trees. Section 40(1) of the act sets to ensure that the forest areas under her
management are maintained for biodiversity, cultural or recreational use. In
addition it protects the concession area from destruction and encroachment by
other persons.
Section 41(1) says that all indigenous forests and woodlands shall be managed
on a sustainable basis for purposes of, Conservation of water, soil and
biodiversity, River line and shoreline protection. Cultural use and heritage.
Recreation and tourism, Sustainable production of wood and non wood
products, Carbon sequestration and other environmental services Education and
research purpose and .Habitat for wildlife in terrestrial forests and fisheries in
mangrove forests. The Act puts emphasis on the need to strengthen community-
based institutions by creation of Community Forest Associations, which gives the
public a greater participatory role to the community in the forest conservation.
Pests Products Control CAP 346, of the act says that no pest control product shall be sold without a May apply in limited aspects of NaMSIP that involve
Board label which has been approved by the board. Each label shall show name of biodiversity preservation e.g. vermin control, pest
pest control product and a description of its form and name of its active control in public parks development, etc. This is,
ingredients, the class designation of the pest control product in capital letters and however,
shall be classified as the first schedule, information detailing the nature and
degree of hazard identified by appropriate precautionary symbol, information
identifying any significant hazards in respect to handling, storage, display and
disposal of the pest control product with information that will include instructions
respecting procedures to alleviate hazards and when required by the board,
instructions respecting decontamination procedures and disposal of the pest
control product and the empty package. Pest control product is to be used only
In accordance with the directions on the label. It is an offence under the pest
control products act to use or store a pest control product under unsafe
conditions

The Penal Code (Cap. 63) Section 191 of the Penal Code states that any person or institution that This statute controls public nuisance including safety
voluntarily corrupts or foils water for public springs or reservoirs, rendering it less and security from construction activities.
fit for its ordinary use is guilty of an offence. Section 192 of the same act says a
person who makes or vitiates the atmosphere in any place to make it noxious to
health of persons/institution in dwellings or business premises in the
neighbourhood or those passing along public way, commit an offence.
Land Control Act (Cap. This law provides for the control of transactions in agricultural land, especially The statutes ensure order in the utilization of public
406) the machinery of the Land Control Boards. However of interest in this report is and private land. It serves to protect private land
the consideration in granting or refusal of consent by the Board based on the while demanding accountability on public land.
impact the transaction is likely to have on the maintenance or improvement of
standards of good husbandry within the specific agricultural area.
Government land is land owned by the government of Kenya under the

Government Lands Act (Cap. 280). This includes, for example, forests, gazetted
national parks and reserves. The Government Lands Act allows the president,
through the commissioner of lands, to allocate any un-alienated government
land to any individual. In practice, such allocations have often been made
without proper regard to social and environmental factors.
Trust land is land held and administered by various local government authorities
as trustees under the constitution of Kenya and the Trust Land Act (Cap. 288).
National reserves and local sanctuaries as well as county council forest
reserves, are in this category. Individuals may acquire leasehold interest for a
specific number of years in trust land and can (in theory) be repossessed by the
local authorities should the need arise. Local authorities should retain regulatory
powers over trust land.
Private land is land owned by private individuals under the Registered Land Act
(Cap. 300). On registration as the landowner, an individual acquires absolute
ownership on a freehold basis. The use of private land may, however, be limited
by provisions made in other legislation, such an Agriculture Act (Cap. 318). For
instance, to protect soils the clearing of vegetation may be prohibited or the
planting of trees required. Land preservation orders issued by the director of
agriculture can cover a whole range of other measures. All private land acquired
for the sake of a sub project will have to be compensated for fully as spelt out in
the RPF document.
Land Acquisition Act This Act provides for the compulsory or otherwise acquisition of land from private Applicable where compulsory land acquisition for
ownership for the benefit of the general public. Section 3 states that when the public utilities, Resettlement of PAPs is overseen by
Minister is satisfied on the need for acquisition, notice will be issued through the this law among others
Kenya Gazette and copies delivered to all the persons affected. Full
compensation for any damage resulting from the entry onto land to things such
as survey upon necessary authorization will be undertaken in accordance with
section 5 of the Act. Likewise where land is acquired compulsorily, full
compensation shall be paid promptly to all persons affected in accordance to

sections 8 and 10 along the following parameters;
 Area of land acquired,

 The value of the property in the opinion of the Commissioner of land (after
valuation),
 Amount of the compensation payable,
 Market value of the property,
 Damages sustained from the severance of the land parcel from the land,
 Damages to other property in the process of acquiring the said land parcel,
 Consequences of changing residence or place of business by the land owners,
 Damages from diminution of profits of the land acquired.
Part II of the Act allows for the temporary acquisition of land for utilization in
promotion of the public good for periods not exceeding 5 years. At the expiry of
the period, the Commissioner of Land shall vacate the land and undertake to
restore the land to the conditions it was before. Any damages or reduction of
value shall be compensated to the land owners.
Physical Planning Act Section 24 of the Physical Planning Act gives provision for the development of Any intervention sub-project is expected to be
local physical development plan for guiding and coordinating development of compatible with the existing physical plans and
infrastructure facilities and services within the area of authority of County, approved development and land use
municipal and town council and for specific control of the use and development
of land. The plan shows the manner in which the land in the area may be used.
Section 29 of the Physical Planning Act gives the county councils power to
prohibit and control the use of land, building, and subdivision of land, in the
interest of proper and orderly development of its area. The same section also
allows them to approve all development applications and grant development
permissions as well as to ensure the proper execution and implications of
approved physical development plans. On zoning, the act empowers them to
formulate by-laws in respect of use and density of development.
Section 30 states that any person who carries out development within an area of
a local authority without development permission shall be guilty of an offence
and the development shall be invalid. The act also gives the local authority
power to compel the developer to restore the land on which such development
has taken place to its original conditions within a period of ninety days. If no
action is taken, then the council will restore the land and recover the cost
incurred thereto from the developer. In addition, the same section also states
that no person shall carry out development within the area of a local authority
without development permission granted by the local authority. At the same time,
sub-section 5, re-enforce it further that, no licensing authority shall grant under
any written law, a license for commercial use for which no development
permission had been granted by the respective local authority.
Section 36 states that if in connection with development application a local

authority is of the opinion that, the proposed activity will have injurious impact on
the environment, the applicant shall be required to submit together with the
application an Environmental Impact Assessment report. The environmental
impact assessment report must be approved by the National Environmental
Management Authority (NEMA) and followed by annual environmental audits as
spelled out by EMCA 1999. Section 38 states that if the local authority finds out
that the development activity is not complying to all laid down regulations, the
local authority may serve an enforcement notice specifying the conditions of the
development permissions alleged to have been contravened and compel the
developer to restore the land to its original conditions.
Local Government Act Part XI section 168 provides that every municipal council, town council or urban Sub-projects have direct linkage with the Local
council may establish and maintain sewerage and drainage works within or Government rules and regulations on development
without its area of jurisdiction. For purposes of the land required for such and operations. Under the Local Government Act,
development, section 144 states in part “A local authority may, subject to the specific Local authorities have established their by-
approval of the Minister, apply to the government or any other authority having laws
power to acquire land required for purposes of any of its functions, to be
acquired compulsorily for and on behalf of, and at the expense of the local
authority”.
Section 160 helps local authorities ensure effective utilization of the sewerage
systems. It states in part that municipal authorities have powers to establish and
maintain sanitary services for the removal and destruction of, or otherwise deal
with all kinds of refuse and effluent and where such service is established,
compel its use by persons to whom the service is available. However, to protect
against illegal connections, section 173 states that any person who, without prior
consent in writing from the council, erects a building on; excavate or opens-up;
or injures or destroys a sewers, drains or pipes shall be guilty of an offence. Any
demolitions and repairs thereof shall be carried out at the expense of the
offender.
Section 163 allows the County Council to prohibit all business, which may be or
become a source of danger, discomfort, or annoyance due to their noxious
nature through smoke, fumes, dust, noise, or vibrations. Section 165 allows the
local authority to refuse to grant or renew any license which is empowered in this
act or any other written law on the grounds that the activity does not conform to
the requirements of any by-laws in force in the area of such local authority the
granting of the license would be contrary to the public interest.
Section 170, allows the right of access to private property at all times by local
authorities, its officers and servants for purposes of inspection, maintenance and
alteration or repairs. In addition, the municipal Council may establish and
maintain sewage farms or disposal works, and dispose of the effluent therefrom,
but shall not be liable for any nuisance or damage as a consequence of proper
and ordinary conduct of the sewage farms or disposal works (section 171). To
ensure sustainability in this regard, the local authority is empowered to make by-
laws in respect of all such matters as are necessary or desirable for the
maintenance of health, safety and wellbeing of the inhabitants of its area as

provided for under section 201 of the Act.
The Act under section 176 gives power to the local authority to regulate
sewerage and drainage, fix charges for use of sewers and drains and require
connecting premises to meet the related costs. According to section 174, any
charges so collected shall be deemed to be charges for sanitary services and
will be recoverable from the premise owner connected to the facility. Section 264
also requires that all charges due for sewerage, sanitary and refuse removal
shall be recovered jointly and severally from the owner and occupier of the
premises in respect of which the services were rendered. This in part allows for
application of the “polluter-pays-principle”.

4.3 World Bank Safeguard Policies Triggered by NaMSIP
4.3.1 OP/BP 4.01 (Environmental Assessment)
The World Bank has well-established environmental assessment procedures, which apply to its
lending activities and to the projects undertaken by borrowing countries, in order to ensure that
development projects are sustainable and environmentally sound. Although its operational policies
and requirements vary in certain respects, the World Bank follows a relatively standard procedure
for the preparation and approval of an environmental assessment study, which:
(i) Identifies and assesses potential risks and benefits based on proposed activities,
relevant site features, consideration of natural/human environment, social and trans-
boundary issues
(ii) Compares environmental pros and cons of feasible alternatives
(iii) Recommends measures to eliminate, offset, or reduce adverse environmental impacts to
acceptable levels (sitting, design, technology offsets)
(iv) Proposes monitoring indicators to implement mitigation measures
(v) Describes institutional framework for environmental management and proposes relevant
capacity building needs.
The environmental assessment evaluates a project's potential environmental risks and impacts in
its area of influence; examines project alternatives; identifies ways of improving project selection,
siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating
for adverse environmental impacts and enhancing positive impacts; and includes the process of
mitigating and managing adverse environmental impacts throughout project implementation. The
assessment takes into account: the natural environment (air, water, and land); human health and
safety) social aspects (involuntary resettlement, indigenous peoples, and physical cultural
resources); and trans-boundary and global environmental aspects. Preventive measures are
favoured over mitigation or compensatory measures, whenever feasible. This approach is
universally applied in many institutional projects.
The World Bank considers environmental impact assessment (EIA) as one among a range of
instruments for environmental assessment. Other instruments used by the World Bank include
regional or sectoral environmental assessment, strategic environmental and social assessment
(SESA), environmental audit, hazard or risk assessment, environmental management plan (EMP)
and environmental and social management framework (ESMF). The Bank undertakes
environmental screening of each proposed project to determine the appropriate extent and type of
environmental assessment. Proposed projects are classified into one of three categories,
depending on the type, location, sensitivity, and scale of the project and the nature and magnitude
of its potential environmental impacts:
 Category A: the proposed project is likely to have significant adverse environmental

impacts that are sensitive, diverse, or unprecedented. These impacts may affect an
area broader than the sites or facilities subject to physical works. For a Category A
project, the Proponent is responsible for preparing an EIA report.
 Category B: the proposed project has potential adverse environmental impacts on
human populations or environmentally important areas such as wetlands, forests,
grasslands, and other natural habitats - but these are less adverse than those of
Category A projects. These impacts are site-specific; few if any of them are irreversible;
and in most cases, mitigation measures can be designed more readily than for Category
A projects. Like Category A the environmental assessment examines the project's
potential negative and positive environmental impacts and recommends any measures
needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve
environmental performance.
 Category C: the proposed project is likely to have minimal or no adverse environmental
impacts. Beyond screening, no further environmental assessment action is required for a
Category C project.
The NaMSIP project is categorized overall as Category A, while sub-projects may be classified
either A or B, depending on their environmental impact, and the level of resettlement.
Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential
negative environmental associated with Bank lending operations. The purpose of Environmental
Assessment is to improve decision making, to ensure that project options under consideration are
sound and sustainable and that potentially affected people have been properly consulted.
Table 9: OP/BP 4.01 Environmental Assessment
Objectives Operational Principles
To help ensure the Apply the screening process for each proposed project, as early as possible, to
environmental and social determine the appropriate extent and type of environmental assessment (EA) so that
soundness and sustainability of appropriate studies are undertaken proportional to potential risks and to direct, and,
investment projects. Also as relevant, indirect, cumulative, and associated impacts. Use sectoral or regional
referred to as scoping. environmental assessment when appropriate.
To support integration of Assess potential impacts of the proposed project on physical, biological, socio-
environmental and social economic and physical cultural resources, including trans-boundary and global
aspects of projects into the concerns, and potential impacts on human health and safety.
decision making process. Assess the adequacy of the applicable legal and institutional framework, including
applicable international environmental agreements, and confirm that they provide that
the cooperating government does not finance project activities that would contravene
such international obligations.
Provide for assessment of feasible investment, technical, and siting alternatives,
including the "no action" alternative, potential impacts, feasibility of mitigating these
impacts, their capital and recurrent costs, their suitability under local conditions, and
their institutional, training and monitoring requirements associated with them.
Where applicable to the type of project being supported, normally apply the Pollution
Prevention and Abatement Handbook. Justify deviations when alternatives to
measures set forth in the handbook are selected.
Prevent, minimize, or compensate for adverse project impacts and enhance positive
impacts through environmental management and planning that includes the
proposed mitigation measures, monitoring, institutional capacity development and
training measures, an implementation schedule, and cost estimates.
Involve stakeholders, including project-affected groups and local non-governmental
organizations, as early as possible, in the preparation process and ensure that their
views and concerns are made known to decision makers and taken into account.
Continue consultations throughout project implementation as necessary to address
EA-related issues that affect them.
Use independent expertise in the preparation of EA where appropriate. Use
independent advisory panels during preparation and implementation of projects that
are highly risky or contentious or that involve serious and multi-dimensional
environmental and/or social concerns.
Provide measures to link the environmental assessment process and findings with
studies of economic, financial, institutional, social and technical analyses of a
proposed project.
Provide for application of the principles in this Table to subprojects under investment
and financial intermediary activities.
Disclose draft EA in a timely manner, before appraisal formally begins, in an
accessible place and in a form and language understandable to key stakeholders.

4.3.2 OP/BP 4.04 (Natural Habitats)
The policy is designed to promote environmentally sustainable development by supporting the

protection, conservation, maintenance and rehabilitation of natural habitats and their functions. The
policy seeks to ensure that World Bank-supported infrastructure and other development projects
take into account the conservation of biodiversity, as well as the numerous environmental services
and products which natural habitats provide to human society. The policy strictly limits the
circumstances under which any Bank-supported project can damage natural habitats (land and
water area where most of the native plant and animal species are still present). Sub-projects such
as solid waste management and wastewater disposal that may take place within the vicinity of
Nairobi National Park may not be funded from the World Bank without appropriate mitigation
measures.
4.3.3 OP/BP 4.11 (Physical Cultural Resources)
This policy is meant to assist in preserving physical cultural resources including the movable or
immovable (above or below ground, or under water) objects, sites, structures, groups of
structures, and natural features and landscapes that have archaeological, paleontological,
historical, architectural, religious, aesthetic, or other cultural significance including sites and
unique natural values. Physical cultural resources are important as sources of valuable
scientific and historical information, as assets for economic and social development, and as
integral parts of a people’s cultural identity and practices.
The objective of this policy is to avoid or mitigate adverse impacts on physical cultural resources
from development projects. As observed from the baseline conditions, there are sensitive
cultural areas in the metropolitan areas e.g. Nairobi National Park, Bomas of Kenya, Nairobi
Club, Kipande house, National Archives, Public cemeteries and private grave yards. This
policy is operationalised by undertaking the following steps:
(i) Identify Category A (any project involving significant excavations, demolition, movement
of earth, flooding, or other environmental changes) and/or B (any project located in, or in
the vicinity of, a physical cultural resources site) projects that fall under this OP policy
(ii) Identify the likely physical cultural resources issues, if any, to be taken into account by
the EA and develop the ToRs for the EA.
(iii) If the project is likely to have adverse impacts on physical cultural resources, identify
appropriate measures for avoiding or mitigating these impacts as part of the EA process.
These measures may range from full site protection to selective mitigation, including
salvage and documentation, in cases where a portion or all of the physical cultural
resources may be lost.
(iv) Develop a physical cultural resources management plan that includes measures for
avoiding or mitigating any adverse impacts on physical cultural resources and provisions
for managing chance find.
4.3.4 OP/BP 4.12 (Involuntary Resettlement)
The policy states that “Where large-scale of population displacement is unavoidable, a detailed
resettlement plan, timetable, and budget are required. Resettlement plans should be built around a
development strategy and package aimed at improving or at least restoring the economic base for
those relocated. Experience indicates that cash compensation alone is normally inadequate.
Voluntary settlement may form part of a resettlement plan, provided measures to address the
special circumstances of involuntary resettlers are included. Preference should be given to land-
based resettlement strategies for people dislocated from agricultural settings. If suitable land is
unavailable, non land-based strategies built around opportunities for employment or self-
employment may be used”.
Involuntary resettlement is triggered in situations involving involuntary taking of land and involuntary
restrictions of access to legally designated parks and protected areas. The objective of this policy is
to avoid or minimize involuntary resettlement, though participation in resettlement planning and
implementation and, where this is not feasible, to assist displaced persons in improving or at least
restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is higher. The policy
prescribes compensation and other resettlement measures to achieve its objectives and requires
that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of
proposed projects. There are potential displacements by sub-projects such as solid waste disposal
sites, wastewater treatment plants, markets and parks that are all space intensive. RAP studies are,
therefore, considered for such projects.
4.3.5 OP/BP 4.36 (Forests)
The policy on forest safeguards seeks to realize the potential of forests to reduce poverty in
sustainable manner, integrate forests effectively into sustainable economic development and
protect the vital local and global environmental services and values of forests. Among the principles
is to screen as early as possible for potential impacts on forest health and quality and on the rights
and welfare of the people who depend on them. Karura forest, Ngong forest and Kikuyu highlands
are among the areas that are potentially affected.
4.4 Activities Triggering World Bank Safeguards
Table 10: Safeguards Triggering Matrix
Policy Criteria in Discussions

NaMSIP
Projects
Environmental Yes The project components will trigger EA safeguards and is Category
Assessment A. Projects include;, water treatment works, wastewater collection,
(OP 4.01, treatment and disposal facilities, waste management, roads
BP4.01, GP construction, NMT facilities, market development, office buildings,
4.01) and public parks.
Forestry Yes With small forests within the Nairobi Metropolitan Region (Karura
(OP4.36, GP and Ngong Forest), there is a remote chance that some sub-project
4.36) could lead to encroachments into the forest ecosystems such as
firewood collection from emergent settlements, removal of
vegetation, limited disruption of biodiversity.
OP/BP 4.04 Yes Sub-projects such as solid waste management and wastewater
(Natural disposal that may take place within the vicinity of Nairobi National
Habitats) Park may not be funded from the World Bank without appropriate
mitigation measures.
Involuntary Yes Some of the sub-projects including solid waste transfer stations,
Resettlement drainage systems, market areas, small dams and any new access
(OP4.12, BP road may require extra land. This implies displacements of people.
4.12)
Physical Cultural Yes Construction works may lead to interference with historical building
Resources structures and interaction of cultural or religious site, or graves. In
(OP/BP 4.11) such cases chance finds procedures will be followed.

Chapter 5: Institutional Framework
The Ministry of Nairobi Metropolitan Development’s mandate is to ensure development of a broad

strategy and spatial framework for growing the Nairobi Metropolitan Regions and coordinating
implementation of initiatives within the Region. The key departments of MoNMED include;
(i) Metropolitan Planning and Environment,

(ii) Corporate Affairs
(iii) Social Services
(iv) Infrastructure, Transport and Utilities
(v) Metro Safety and Security
5.1 Ministry of Nairobi Metropolitan Development
This Ministry organizational structure takes the outline presented in the flow chart below;
Figure 4: Ministry Organizational Structure
The Minister
Ministry of Nairobi Metropolitan Development
Assistant Minister
Permanent Secretary
Central Planning and Finance and

Programme Secretary Internal Audit Administration
Evaluation Department
Department
Infrastructure, Metropolitan Planning

Transport and Utilities and Environmental
Department Division
NaMSIP
Project Coordinating Team
(PCT)

NaMSIP implementation will be a shared responsibility between the Infrastructure, Transport and
Utilities division on one hand and Metropolitan Planning and Environmental Division on the other
due to nature of potential sub-projects. Participation of official from the two departments would be
expected in the PCT.
5.2 NaMSIP Structure
NaMSIP falls under the department of Infrastructure, Transport and Utilities. The department is
responsible for physical infrastructure, Metropolitan transport, water and sewerage, energy and ICT
infrastructure services, policy and regulation in the NMR. The NaMSIP is generally structured as
follows;
Figure 5: NaMSIP Conceptual Organizational Structure
Secretary
Energy ICT Central Waste Water and Metropolitan Critical

Infrastructure Planning and Management Sewerage Transport Public
Programme Services
Evaluation
NaMSIP (PCT)
Component 1: Component 4: Component 3A: Component 3C Component 3B: Component 2:

Institutional Project Critical Critical Critical Critical Local
and Reform Management, Metropolitan Metropolitan Metropolitan Government
Monitoring and Infrastructural Infrastructural Infrastructural
Infrastructural
Evaluation Services Services Services
(Integrated Solid Services (Water (Transport
waste and Wastewater Services Sub-
management Management) projects)
sub-projects)
NaMSIP SUB-PROJECTS

5.3 Sub-Projects Environmental and Social Management Structure
Implementation of the sub-projects will need a lower management structure to oversee the
environmental and social performance is of the highest order. The structure below illustrates the
units proposed in this regard
Figure 6: Sub-Projects Environment and Social Supervision Structure
NaMSIP (PCT)
Project Components
(1 – 4)
Key public and  Communities

institutional  NGOs
Stakeholders  Local
Authorities
Sub-Project
Implementation
Committees
Sub-Project Supervisor
(Environmental and Social NEMA and Respective
Expert) Lead Agencies
Environment and
Social Implementation
Desk
Sub-Projects’ Contractors
(Environment and Social Sub-Projects’
Section) Stakeholders
Sub-project Sub-Project Regulatory and

Implementation Team (Administration and surveillance Triad
Triad Management Triad)

Chapter 6: Environmental and Social Linkages
6.1 Physical Environmental Issues
The intervention sub-projects identified in the previous chapter are administrative as well as
physical by nature with direct and indirect linkages to the environmental and social settings of the
affected areas. Sub-projects administration will deal more on implementation coordination and
management aspects of the various sub-projects elements. It will provide a forum for identifying
interactions with the surroundings with a view to sorting out conflicts or moderating potential
impacts or enhancing compliance. This element of the subprojects’ implementation is the link with
the receptors in the surrounding.
On the other hand, physical activities that include among others excavations and earth moving,
material mobilization, structural works, etc. Physical works have direct interactions with the
environment and social settings in the respective areas among them,
(i) Potential ecological disruptions within the project areas,

(ii) Effects on land and soil within the project areas and surroundings,
(iii) Environmental pollution from wastes generation and management,
(iv) Physical environmental disruption including hydrology, surface drainage, soil erosion,
loss of vegetation cover,
(v) Environmental issues including air pollution and noise pollution,
(vi) Social issues such as to include safety, health, security, aesthetic and general wellbeing;
(vii) Conflicts on resources is also an issue associated with the sub-projects,
(viii) Some sub-projects could also lead to full or partial displacement of people and
developments,
The linkages could be positive or negative. Either way, it would be necessary to establish
appropriate management strategies as an integral part of the project. Table 8 below illustrates the
key linkages associated with the identified sub-projects clusters.
6.2 Social and Economic Linkages
Social and economic linkages provide the NaMSIP projects’ relations to its externalities including
other projects within the neighborhoods. These linkages are determined in as far as impacts
(positive/negative) and co-existence is concerned especially where the projects complement each
other or supplements the benefits.
6.2.1 Social Issues
The social issues in as far as projects are concerned include among others:
(i) Population dynamics including settlement patterns, immigration/emigration and changes

in structure around the Metropolitan that may be influenced by among other factors
provision of public amenities and services,
(ii) Access to and changes in demand for supply of social facilities and services (schools,
recreation, water and health). As population dynamic changes, the provisions would be
expected to change in the same patterns and this may create varying pressure on
resources and required capacity
(iii) Changes in literacy and health status of the communities where the project is located.
While improved amenities and services is expected to have positive effects in this
regard, certain economic factors such as under-age labour and potential disruptions to
population settings may have a reverse impacts,
(iv) Land acquisition, compensation and resettlement is becoming a significant feature in
physical development in Kenya, especially in the urban areas where land is scarce. It
has far reaching social implications, particularly for residents with legal landownership
and those with established settlements. Formal process in approaching these situations
(Resettlement Action Plan – RAP) need to be an integral part of any project,
(v) Changes in cultural practices (potential adoption of new cultural practices and loss of
cultural traits) are significant in Nairobi Metropolitan Region owing to the cultural
variability mentioned earlier. With predominant farmers and traders in the north and
eastern zones and predominant pastoralists in the southern zone and with the Central
Zone being the main influencing factors of development across the Region, cultural
conflicts are bound to occur when any development in the region tends to interfere with
the traditional settings within the transition areas,
(vi) Public participation and involvement levels are highly influenced by among other factors
literacy levels, willingness to collaborate by stakeholders depending on interests’
compatibility as well as leadership roles (especially political). It should, however, be
affirmed that Stakeholder interactions and participation is necessary.
(vii) Provision of NaMSIP projects will have direct correlation with Community Development
as such projects are an investment into local socio-economic development. In addition,
the NaMSIP projects will be accompanied by other complementally infrastructures
including power and water which have indirect social benefits
6.2.2 Economic Issues
The economic issues in as far as the NaMSIP projects are concerned include;
(i) The economic status within and beyond the metropolitan area in as far as poverty levels
are concerned resulting from improved access to social services and exploitation of
economic opportunities arising from implementation of the NaMSIP projects in addition
to income levels/distribution variation resulting from direct and indirect employment,
expenditure patterns and poverty levels.
(ii) Displacement of dominant economic activities and modes of production currently
existing. In most cases there are linkages where agriculture is being displaced by
establishment of commercials, industries and businesses depending on returns from
each economic activity.
(iii) Local/regional/national and international linkages where the Nairobi metropolitan area is
a producer of manufactured goods that are consumed in the areas within and beyond
the region. Similarly, the metropolitan area is supplied with raw commodities and inputs
from the external areas within and outside the country.
(iv) There will be both upstream and downstream investments for inform of project inputs,
Services and Consumables.
(v) Construction of the NaMSIP projects will be on-job training ground for semi-
skilled/unskilled labour and a base for Human Resource Development and source for
technology transfer.
6.3 Sub-Projects Clusters and Linkages
The chart below is an illustration of basic environmental, social and economic issues associated
with the project components and sub-project clusters. This forms a basis for impacts and mitigation
identification as outlined under Table 11 and impacts-matrix under Table 14.
Table 11: Sub-Project Clusters Linkages to Environment and Social Aspects
Component Sub-Project Clusters Environmental Issues Social and Cultural Issues Economic Issues Remarks
Component 1: Identification and selection  Potential conflicts with  Potential for displacements  Potential land acquisition for
of locations for physical ecological aspects (removal of and developments the project and compensation
Institutional support facilities vegetation cover, of lost property (value to the
Reform and  Potential demand on public affected landowners)
Development  Potential for environmental amenities (water supply,
pollution from waste emissions power, sewers and access  Quantified economic benefits Feasibility
(dust, solid wastes, road), based on project inputs and studies, ESIAs
related outputs for sub-projects,
 Establish potential social and stakeholder
cultural interactions and consultations and
implications of the project establishment of
implementation implementation
Construction of office  Loss in vegetation covers  Limited influx of construction framework would
buildings and installation of (forests, riverine vegetation, workers into the area be undertaken
equipments (site clearance, grass, etc.) through this
earth moving, structural  Environmental pollution from project
works, etc.)  Soil loss from surface erosion the project implementation (air component
quality and elevated noise  Base for human resource
Overseeing other  Siltation of adjacent water levels) with implication to the development and technology
construction activities bodies (rivers, streams and stakeholders and transfer
associated with the project. wetlands) communities,
 Disposal of construction debris  Noise to the neighbourhoods  Employment and income

and other wastes receptors (human settlements generation opportunities
and institutional premises) during construction
 Air pollution (dust and
emissions from earth moving
activities)
 Potential elevation of noise

levels
Component Waste management audits
3A: in all Local Authorities that  Environmental pollution from  Stakeholders involvement and Impacts of waste management
include; waste management pathways, sensitization and the overall on health care costs and
Integrated acceptability expenditures
Solid Waste  Identifying areas of  Preventive measures for A provision for
Management pollution sources and environmental conflicts,  Intervention options for linkage
on-site management, reduced social impacts on Economic values in waste identification and
 Establishing current  Available management waste pathways management and areas of management
waste management alternatives compatibility with other sectors options

practices and guidelines,

 Identify current waste
management Process for
infrastructures, development of
 Identifying existing ESMPs for
ecological conflicts and respective Local
 Investigate social Authorities
challenges in infections
and comfort.
Characterization of waste Not expected to
sources and identification have a direct
of movement routes (Waste implication to
pathways characteristics) physical
environmental
 Waste holding at Identification of environmental Identification of social and Identification of economic and social setting
sources, impacts from current waste cultural impacts from current aspects on waste pathways
 Mode of waste management practices waste management practices
transportation
 Waste transit routes
 Intermediate transit
transfer stations
 Ultimate disposal sites
Capacity building initiatives
 Skills, This implies a

 Institutional and strategic policy to
 Equipments and  Modalities for social guide waste
infrastructure awareness and capacity for management
 Management policies Strategies for environmental safe handling of solid wastes. Informed initiatives for economic activities across
and guidelines protection from waste opportunities from waste the whole
 Developing appropriate management activities  Ownership and instilled management Metropolitan
waste management by- responsibility at the lowest
laws for each affected level possible Should tie with
Local Authority, existing Waste
 Establishing financial  Networking and formation of Management
resources required and groups Regulations
sources
Development of waste Ecological conflicts (removal of  Potential displacement of Potential income from
transfer stations and vegetation cover and loss of people and development at construction works
associated components general biodiversity) during selected sites
construction
 Site selection,  Potential conflicts with land
 Design and use features (commercial,
 Construction on various residential and institutional)

locations
 Provision of sanitation
and other utilities
 Guidelines on utilization
of the transfer stations,
Operations of waste Opportunities for waste reduction  Recovery and re-use It may be
transfer stations for ultimate disposal  Role of the communities and opportunities of solid waste necessary to
users in the management, materials considered
Environmental pollution from managing
waste residuals  Health risks to operators and  Income opportunities from transfer stations
surrounding communities waste recycling through
community
 Risks of hazardous waste groups
materials
Developing of engineered  Ecological conflicts at  Potential displacement of Income from construction Appropriate
sanitary solid waste identified locations (vegetation people and development) activities including employment, ESMPs will need
disposal sites removal, etc.) material supplies and other to be undertaken
 Conflicts with the culture of the services to establish site
 Site selection,  Environmental pollution from local community specific
 Design and construction emissions (dust environmental,
 Construction on various and engine exhaust gases) social and
locations economic issues
Operations of sanitary solid Potential environmental pollution  Aesthetic acceptability by the
wastes disposal sites from waste residuals; local communities, particularly Appropriate
institutional and residential  Economic opportunities at the waste
 Aerial emissions and odours, interests disposal sites including management
 Infiltration of leachates into recovery and recycling plans as well as
open drains and ground water  Health risks to the workers and specific site
 Residual solid wastes into the neighbouring communities,  Subsidiary components such management
surroundings particularly from hazardous as methane gas interception plans to be
 Effects of hazardous waste waste materials derived from
materials to the environment  Opportunity for employments Waste Audits
 Comfort to the neighbouring in the site management and ESIAs
Attraction of dependant species communities (air quality and respectively.
(e.g. birds, rodents, snakes, flies, unsightly features)  Safety of waste recyclers
etc.) with risks of environmental hence savings from medical Associated
diseases  Conflicts with local cultures attention infections could
with regard to interactions with be part of
wastes monitoring
 Vector insects breeding with

public health implications.
Decommissioning of Environmental pollution from  Long term health risks to the Loss of income opportunities for
unsanitary solid waste waste residuals neighbourhoods, sections of the dependent
disposal sites community members Other
 Aerial emissions  Anticipated improved (scavengers) Municipalities do
Main focus on  Infiltration of leachates into sanitation and hygiene around not seem to have
ground water decommissioned sites designed
(i) Dandora dumping sites  Residual solid wastes into the dumping
(ii) Thika solid waste surroundings  Possible post- locations
dumping site decommissioning use of the
(iii) Machakos dumping affected land,
sites
(iv) Kiambu solid waste
dumping site
Component Identification and
3B: development of mass rapid Appreciation of linkages to the Appreciation of social and cultural
transit corridors, Non- physical and biological issues in the transit corridors
Transport Motorized Transport environment from the projects established among them Thika Environmental
Management systems and associated along the major possible highway, Nairobi – Kangundo, and Social
and infrastructure corridors including Thika Nairobi Mombasa Highway, Appreciation of economic issues Impact
Infrastructure highway, Nairobi – Kangundo, Nairobi Langata road, Ngong associated with specific sub- Assessment
 Corridor identification Nairobi Mombasa Highway, road corridor, Nairobi – Naivasha projects. carried out at this
 Selection of transit Nairobi Langata road, Ngong highway, Limuru and Kiambu stage for any of
modes (BRTS, LRTS, road corridor, Nairobi – Naivasha roads) the sub-project
etc.) highway, Limuru and Kiambu
 Cycle/Bodaboda tracks roads)
and parking areas
Construction of new roads,  Loss of vegetation cover  Disruption of road corridors  Income opportunities from
upgrading and and access passages into employments during
improvement of existing  Disruption of surface drainage premises construction
roads and associated and hydrology of the rivers and
facilities streams  Land acquisition and  Opportunities for reasonable
displacement of people and values from acquisition of land Implementation
 Bridges and large  Pollution of surface water development of specific
culverts sources from spills, silt and  Improved accessibility to ESMPs
 Parking areas and bays construction wastes disposal  Disruption of commercial and services and premises as well established
 Bus-bays where institutional premises as goods transportation. during respective
applicable  Environmental degradation ESIA process
 BRTS lanes from construction materials  Limited influx of workers into  Attraction of new investors in
 LRTS lines extraction the project areas during transportation services
construction
 Air pollution from construction
related emissions  Attraction of more residents
into improved areas leading to
 Elevated noise and vibration higher population and hence

levels along the construction completion over resources and
areas services.
Construction and use of  Potential disruption of people Losses to the informal traders NMTs are
Non-Motorized facilities; operating along road reserves doing business on the road expected to be
No significant environmental (small scale traders and reserve confined within
 Secure Foot bridges issues anticipated normal pedestrians) existing road
 Secure Underpasses corridors and
 Secure Footpaths  Easy movements for the hence less
 Cycle tracks, residents and impacts
 Hand charts passages commuters/pedestrians
Rehabilitation and use of  Clearing of corridor from
existing railway line vegetation
corridors for commuter train  Potential risks to safety of the
services  Massive scrap metal, timber workers and neighbouring  Beneficial from employments
and to be generated (may be communities (falling into during construction Most of the
recycled) trenches, injuries from falling railway lines
objects)  Social savings anticipated traverses through
 Dirty aggregate to be from improved travel times, areas with high
generated requiring safe  Potential influx of residents population
disposal (potential into the corridors affected with  Implications on land and density and
environmental pollution) effects on higher population property appreciation in the development
and completion on resources corridors affected
 Excavations to generate and amenities
contaminated top soil from the
corridor requiring disposal  Conflicts with encroached
(potential environmental sections of the railway lines by
pollution) social and economic structures
 Emissions during rehabilitation

works (dust and machinery
emissions)
Installations of road This item has an
transport provisions; overall positive
implication to
 Traffic lights No significant environmental Improved road safety for the Reduced risks to safety and environmental,
 Speed bumps issues are anticipated users and pedestrians hence low potential chances of social and
 Signage spending economic
 Road markings, aspects
Capacity building
 Skills (public and road Levels of traffic related Public participation in road uses _ _
users) environmental pollution (vehicular practices improvement

 Traffic controls (speed spills and emissions)
and driving practices
 Regulatory provisions
and enforcement
Components 2 Site selection criteria for
Other Critical specific projects
Public Services
 Market areas, Every sub-project
 Selected drainage should undergo
systems Potential environmental impacts Potential social and cultural Identify relevant economic issues an ESIA process
 Identified water supply and appropriate mitigation impacts associated with specific associated with each sub-project and specific
locations including measures; sub-projects and appropriate for corrective actions or ESMP developed
distribution pipelines mitigation measures enhancement for integration in
 Locations for sanitation the
facilities (ablution blocks implementation
and sewerage systems) works.
 Locations for public
parks and green spaces
Installations of street Potential soil loss from  Improved safety and security
lighting excavations during installations, of road users at all times,
_
 Potential risks to safety from
accidental exposure of No direct economic issues
electrical cables and wires
 Safety risks to motorists from

additional road side street light
poles.
Construction and  Land cover clearance during  Safety risks to the workers and
occupation of markets preparation of sites for the residents during construction
market, process,
 Disruption of local drainage  Risks to health and comfort of Trends in

during construction the residents (dust emission, economic
machinery emissions, noise Potential appreciation of changes during
 Environmental pollution during elevations, etc.) commercial properties around and after
construction (emissions, spills markets and possible construction can
and waste  Influx of construction workers depreciation of residential go either way –
into the area increasing properties. need deeper
 disposal)Generation of population and competition on investigation)
additional runoff into existing resources and amenities)
drainage systems and
ultimately receiving water  Trends in risks to safety and

bodies security with higher population
into the target area
 Accumulation of solid matter
into open drainage system  Changes in land use practices
during market operations in the long term
Development and  Nature of activities in areas to  Disruption of access roads Potential specific
improvement of drainage be drained with respect to (people walks further that linkages to be
systems waste generation, usual) identified through
specific ESIAs
 Drainage systems are  Risks of outfalls onto private Economic benefits through
pollutant and waste premises employment during construction Isolation of
carriers/transporters, pollutants from
 Risks to safety of residents, drainage
 Implications on water sources especially the aged, children systems should
(pollution loading) and drunkards be considered
Development or  Nature and characteristics of  Analysis of other dependants
rehabilitation of water target water sources of the target water sources
supply systems (hydrological and water
quality) to sustain the  Alternative sources of water  Appreciated value and cost of
intended water supply system for the local communities and water by the service providers
the recipient users and the users
 Water losses at treatment Liaison with Athi
plant and transmission system  Security and safety of  Level of cost on unaccounted Water Services
treatment works, for water (UfW) in the target Board and
 Wastes generation and scheme respective Water
handling from water treatment  Appropriate sanitation and Service
process (sludge, filter media hygiene provisions for the  Affordability of water, Providers will be
and wash water) users especially by the poor as well necessary for all
as willingness to pay. sub-projects in
 Modes of provision to the this regard
users (piping, communal taps,
water kiosks, etc.)
Development or  The existing sanitation  Attitude of the users on the Areas of
rehabilitation of sanitation provisions in the target areas current mode of sanitation, attentions for
facilities against the desired enhanced
improvement concepts (pit  Any cultural barriers on compliance will
 Wastewater collector latrines, flush toilets, septic improving sanitation, Economic inputs in sewage be developed
systems tanks, conservancy tanks, treatment (normally considered through ESMP
 Treatment systems for modes of disposal)  Acceptability of proposed non-profit undertaking) developed for the
wastewater disposal sanitation improvement respective sites
 Disposal systems  Environmental pollution from
construction wastes,  Risks of diseases outbreak
from overflows and leaking

 Environmental pollution from sewage
sewage spills and overflows
(water sources and land)  Regulations and guidelines on
the re-use of sewage where
 Compliance with wastewater necessary
management and disposal
Establishment of public  Nature and characteristics of  Land use practices in the This will require a
parks and green spaces the project areas (surrounding neighbourhoods (residential, comprehensive
ecological settings, biodiversity institutional, commercial, Economic value for a site to be sensitivity
features, level of sensitivity, industrial, conservation, evaluated for both the local analysis to
etc.) forests, wetlands, etc.) communities as well as ensure
compatibility with
environmental costs associated
 Types of new species if any to  Value (social, cultural or the new features
be introduced (plants and with the facility
monetary) of the parks and
animals) – need for green spaces to the local It would be
consultations and expected that the
communities
assessments of species public park
integration
and/or green
spaces are in
harmony with the
natural
surroundings.
Component 4:
Project
management, Selection of physical Appreciation of environmental Role of the respective This is more of
monitoring and requirements standards and values with communities and stakeholders in administrative,
evaluation respect to the projects being the specific project management but appreciation
evaluated and monitoring. of environmental
and social
aspects of all the
Installation of necessary See similar activities under See similar activities under See similar activities under sub-projects
facilities Component 1. Component 1. Component 1. would be
necessary

6.4 Cross Cutting Issues
6.4.1 Gender Linkages
Participation in environmental and social management for projects implementation between men
and women is important. This is particularly at a time when the Constitution of Kenya calls for at
least 30% of opportunities reserved for women. In terms of impacts from projects, women and
children are the most affected through poor sanitation, pollution of drinking water, loss of resources,
and creation of poverty among other related issues.
6.4.2 HIV/AIDS and other Infections
Projects implementation creates a number of social scenarios with potential for enhanced
infections. Immigration of workers into the areas forming new acquaintances and interactions at
times without any levels of control. Poverty levels are also factors where workers with money attract
locals resulting in greater risk of STD transmissions. .
6.4.3 Health and Safety Issues
These issues arise from almost all projects during implementation and post-commissioning stages.
Poor appreciation of the receptors and knowledge on potential impacts and management are
among the challenges any project. Emissions, noise levels, demand on basic amenities and
physical safety elements determines the extent of health and safety expected.
6.4.4 Institutional Linkages
Stakeholders and institutions associated with every sub-project have varying interests. Involvement
and participation is the key towards ownership of the project outputs by the stakeholders where
their respective interests are mutually addressed. This achieved through consultations as well as
direct participation in the implementation for the direct agencies during implementation.
6.4.5 Physically Challenged Persons
The critical linkages are access to/or use of NaMSIP services and facilities by the physically
challenged persons (the blind, disabled, sick persons, etc.). Among the services and facilities
include foot bridges, elevated offices, access to small dams, utilization of street lights and road
crossings. It would be expected that appropriate considerations are taken on board during design
and installation of the public facilities.

Chapter 7: Environmental and Social Management Principles
7.1 Overview
The Environmental and Social Management Framework (ESMF) implementation is basically the
integration of environmental and social safeguards into the NaMSIP sub-projects. To achieve this,
there must be a systematic process backed up with specific requirements established to ensure
harmonized procedures, defined responsibilities, skills and technical capacity, assured financial
resources, logical institutional structure and information/data for background. The following sections
outline these requirements based on sub-project implementation.
7.2 Roles and Responsibilities
7.2.1 Stakeholders’ Clusters
The nature of NaMSIP sub-projects is cross-sectoral by nature while interacting with the entire
social range. The stakeholders, therefore, would also be viewed from the same perspective. There
are corporate stakeholders, public stakeholders, institutional stakeholders and members of the
general public. The schedule below is an outline of the stakeholders’ categories;
Table 12: Stakeholders Categories
Public Stakeholders Institutional Corporate Other Stakeholders

Stakeholders Stakeholders
 All Local Authorities within  Main Schools,  Health Services providers  Homeowners/Residents
the Metropolitan  Universities within the  Major Manufacturing  Travelers/Commuters
 Ministry of Local Metropolitan area premises  Transporters (goods and
Government  Main Churches in the  Water Services Providers public)
 Public Hospitals region across the Metropolitan  Road Users/Motorists
 KeNHA  Main Mosques in the  Main Supermarket chains  Traders/business people
 KeRRA region  Main Office Blocks  Water Users Associations
 KURA  Hospitality facilities  Waste handlers around
 WRMA (hotels and restaurants) the Metropolitan
 NEMA  Private health facilities  Waste recyclers
 Kenya Wildlife Services around the Metropolitan  Farmers (especially for
(KWS) areas outside the Central
 Kenya Forest Service Zone)
(KFS)  Livestock keepers in
 Kenya Police Service areas outside the Central
 Local Administration from Zone)
all the Counties 
 Athi Water Services  Service stations (Petrol
Board (AWSB) Stations)
 Kenya Airports Authority  Organized community
(KAA) groups’ leaders
 Kenya Railways/Rift  Political Leaders from all
Valley Railways Counties
 Public Health Department
from the Counties
 Lands Department
7.2.2 Roles and Responsibilities for Components
While implementation of the projects is the responsibility of NaMSIP, there are numerous roles from
various stakeholders at different levels and dependent on the nature of respective sub-project
clusters. The anticipated stakeholder roles may be viewed as follows;
(i) Component 1 and 4 are a responsibility of NaMSIP in terms of institutional structures

and monitoring mechanisms. However, Local Authorities may be called upon to provide
leadership during identification of relevant sub-projects, planning and implementation
strategies such as to be in line with their development priorities in areas falling within
their jurisdiction. This will enhance ownership not only to the Local Authorities but also to
the people of the intervention projects and long term sustainability,
(ii) Component 2 comprises projects from various fields and sectors including Local
Government, Ministry of Transport, the Water Sector, Public Health, etc. the
responsibilities for projects in this components, therefore, will vary from one zone of the
Metropolitan to another as well as the nature of the sub-projects,
(iii) Component 3 (solid waste management, transportation infrastructure and wastewater
management and disposal) has initiatives developed by NaMSIP, but the implementation
need to be synchronized with the respective agencies within the respective sectors.
NaMSIP is contributing into supporting provision for the necessary infrastructure while
sustainability is maintained by the sectoral responsibility. The Counties constituting the
Metropolitan and the Environmental Divisions for the respective. Local Authorities will
also provide policy directions on the infrastructural development to ensure harmonization
of NaMSIP sub-projects with other initiatives,
Responsibilities in solid waste management range from the waste generators (bearing
direct responsibility of reduction and separating of the wastes) to waste handlers for
collection and transportation. Provision for ultimate waste disposal facilities (policy and
regulatory framework, engineered transfer stations and disposal sites) is mainly a
responsibility of the respective Local Authorities under the supervision of NEMA
particularly with respect to the physical locations of the management facilities. These
include KURA, KeRRA and KeNHA as well as the Ministries in-charge of Roads and
Transport.
7.2.3 Specific Stakeholders Roles and Responsibilities
Each category of stakeholders has got specific roles in the implementation of the ESMF, implying
that NaMSIP will need to adopt an inclusive approach for all the sub-projects. To achieve this
objective, early consultations and collaborations will need to be initiated by NaMSIP on the projects
before the sub-projects concepts are finalized. The chart below lists among the stakeholders’
specific roles and responsibilities (not exhaustive) on identified sub-projects;
Table 13: Stakeholders Responsibilities
Stakeholder Stakeholders and Roles and Responsibility

category Intervention Areas
Public Stakeholders Local Authorities and Ministry of  Share planned activities with NaMSIP to assist in
Local Governments development and planning of new intervention sub-projects
under the categories
 Roads infrastructure,
 Drainage systems  Provide an inventory of ongoing intervention projects likely to
 Water and sanitation conflict or similar to those proposed under NaMSIP,
 Street lighting
 Traffic lighting  Assist in identifying key areas of intervention and participate
 Waste management initiatives in the implementation for the long term operations and
 Markets Development ownerships
 Public Parks
 Assist in sensitizing the public on NaMSIP initiatives for
enhanced public ownership
Roads Authorities (KeNHA,  Assist NaMSIP identify intervention areas on transport
Stakeholder Stakeholders and Roles and Responsibility

category Intervention Areas
KeRRA and KURA) infrastructure in all the Counties to avoid duplication and
enhance value to the public,
 Roads Rehabilitation and
upgrading  Assist in identifying key areas requiring intervention and
 Mass Transport Systems (rail support in design review for identified design concepts and
lines, bus lanes, etc.) drawings to ensure compliance with design guidelines and
 Bridges and culverts manuals,
 Non-Motorized Transport
 Footpaths  Advise accordingly on areas of conflicts with any of the
 Footbridges and underpasses proposed sub-projects,
 Street lighting
 Traffic lighting  Participate to the extent possible on the sub-projects
implementation for long term ownership.
Railway Commuter Trains  Advise on the long term plans of the railway lines within the
Metropolitan to enable integration of rapid passenger
 Commuter Railway lines transport,
rehabilitation
 Light Rail Line Systems  Assist in identifying appropriate areas of intervention and
provide necessary technical support if required on the
rehabilitation activities
 Participate to the extent possible in the rehabilitation process

Water Authorities (AWSB,  Advise on appropriate areas requiring interventions
WRMA)
 Review proposed sub-projects and advise on suitability
 Water Supply sub-projects including potential for conflicts with other planned, ongoing or
 Sanitation sub-projects completed projects
 Participate in the sub-projects to the extent possible and

involving the user stakeholders for enhanced ownership of the
sub-projects when completed.
Other Public Stakeholders  Review of specific ESMPs to ensure appropriate mitigation
(KWS. KFS, NEMA, WRMA, measures are integrated,
Public Health Department
Offices, Security Services, etc.)  Liaise with NaMSIP on the relevant conservation measures
for points of conflicts with the sub-projects’ implementation
 NEMA to review and guide on approval of sub-projects before

implementation
 Security Arms to provide necessary security services for the

sub-project implementation
Institutional, All identified around the  Appreciation that the intervention projects are designed for
Corporate and other Metropolitan their benefits and hence enhance ownership
Stakeholders
 Review of the sub-projects concepts and designs and provide
informed opinions and suggestions for improvement and
acceptable implementation
 Where required, provide the necessary support in processes

such as Land acquisition, Provision of labour, Patience during
construction, Available supplies and services among others

7.3 Capacity Requirements
7.3.1 Capacity for Monitoring and Evaluation
For effective evaluation and monitoring of environmental and social performance of the project,
appreciation and understanding of the linkages to specific sub-projects would be necessary. Key
issues and associated management plans established during the ESIA process would be analyzed
to reflect the reality of the sub-projects implementation. The ESMP, therefore, constitute the main
tool for environmental and social monitoring of the sub-projects.
Other capacity includes;
(i) A legal register for monitoring the level of compliance and implementation of local and
World Bank and GoK environmental and social safeguards,
(ii) Appropriate equipment for environmental sampling and measurements such as to
include air quality, water quality, soil quality, noise and vibrations, etc. Back-up from
accredited laboratories would also be necessary in this regard,
(iii) Social survey tools including questionnaires and data collection sheets for tracking the
dynamic created by the intervention sub-projects during the implementation and post-
commissioning periods.
(iv) Basic knowledge and skills on environmental and social management performance
among the sub-project implementation committees.
7.3.2 Training
Among the most important ingredients for the implementation of the ESMF is adequate human skills
capacity for the projects staff and to the extent possible the beneficiary communities. The experts
in various fields would need specific skills in environmental and social management linkages to
enable apply their knowledge in the sub-projects, though it would be established through an
intensive training needs assessments for NaMSIP. Special training may be sought for all the
professional cadres on undertaking environmental and social impact assessment studies. The
specific skills to be built into the cadres such as to cover all aspects of the sub-projects including
among others;
(i) Environmentalists to get enhanced and/or refresher training in natural resources

management, ecology, water and wastewater quality, waste management, etc.,
(ii) Hydro-geologists for training in integrating water resources management into the sub-
projects,
(iii) Engineers (Civil and Sanitation Engineering) may be trained on integrating
environmental and social aspects into design concepts of the sub-projects,
(iv) Health and safety experts to learn linkages to environmental and social aspects of the
sub-projects (waste management, dust control, occupational safety, etc.),
(v) Sociologists with respect to appreciating environmental and infrastructural development
into the social roles of the project,
(vi) Physical Planners for land acquisition and resettlement action plans (RAPs) as may be
required for some of the physical intervention sub-projects such as roads, drainage
systems, markets and other space intensive initiatives,
(vii) Economists to learn appreciating the environmental costs aspects of the sub-projects.

7.3.3 Equipment/Facilities
Equipment capacity and facilities for application variously in the implementation of ESMF need to
be selected that they match the various professional categories and varies from one sub-project to
another. Among the basic facilities include the following;
(i) Operations Offices in each County

(ii) Computer and associated software for data and information harnessing, modeling and
reporting,
(iii) Field equipment such as to include cameras, GPS, water samplers, soil samplers, etc.
(iv) Access to accredited laboratories for water and soil testing
(v) Air quality sampling and measurement tools
(vi) Approved field datasheets,
7.3.4 Compliance Tools
For enhanced compliance to the established environmental and social safeguards, a

comprehensive Legal Register need to be established to provide a tool for monitoring performance
of the sub-projects implementation in meeting the relevant regulatory provisions.
7.3.5 Technical Assistance
It is considered that not all the capacity is available with NaMSIP or MONMED to effectively
address the requirements of the sub-projects. In this regard, therefore, it would be necessary to
seek support from external sources. This would come in form of;
(i) Professional support from Consultants with experience in selected areas of the sub-
projects or the entire NaMSIP. The Consultants engaged would be required to not only
accomplish implementing the project segments but to also transfer knowledge to the in-
house staff on the various areas of the project,
(ii) Hiring or procurement of equipment for short term application would also achieve
implementing the project but also transfer the application to the staff. The process of
acquiring the equipment should also involve hand-on training programmes for the staff
by either inviting the experts to the field or sending a few staff to the suppliers (local or
overseas).
(iii) Resources support would apply where equipment and skills exists but with inadequate
financial resources for operations. Financial support would be obtained through the
normal mechanism established through the MONMED and the public institutions in
general.
7.3.6 Information and Data Resources
It is appreciated that MoNMED may not have all the necessary information and data in the areas
identified for intervention. Such information and data could be found in the core sector resource
centers, research and educational institutions and grassroots organizations and communities.
There is need, therefore, for liaisons with the relevant information and data sources to accomplish
specific sub-projects.

7.3.7 Impacts Management
Management of impacts arising from the sub-projects begins with their identification, partly through
the ESIA process and partly through actual experience during the implementation. Impacts from
sub-projects range from environmental, social, cultural and economic levels with short, medium and
long term impacts. Mitigation measures are designed to alleviate such impacts. . The management
tool for impacts from any of the sub-projects is the ESMP with clear impacts and mitigation action,
responsibilities, timeframes and estimated mitigation costs (See the ESMP outline later in this
report).
7.4 Procedures and Methodologies for NaMSIP
7.4.1 Sub-Project Planning and Screening
As already widely illustrated earlier in this document, NaMSIP comprises various sub-projects
variously located around the Metropolitan. The sub-projects under each component will be identified
on the basis of need and compatibility with respective stakeholders among them the Local
Authorities and agencies in-charge of services. Collaborated planning will be ensuring
harmonization with Sectoral programmes among the broad ones being;
(i) Local Authorities initiatives particularly those under the Kenya Municipal Programme
(KMP) including waste management interventions, access roads, drainage systems and
markets development among others,
(ii) Roads’ Authorities including KeNHA, KeRRA and KURA with respect to sections of
target roads that could also be in their programmes. Among the sub-projects falling in
this category include roads, mass transport systems and NMT initiatives among others,
(iii) Water and sanitation related sub-projects (water supply and sanitation provisions) with
players such as Athi Water Services Board, WRMA Regional Offices, Local Authorities,
respective Water Services Providers and Water Users Associations to mention the key
ones,
(iv) Involvement of the financial and procurement departments within MONMED regarding
the availability and sustainability of financial resources within the NaMSIP and
complementation with other respective players as mentioned above.
Another planning element is involvement of the local communities and users in terms of
acceptability. The users are an important player in deciding the necessity, location, magnitude and
alternatives for long term values and sustainability. Among the key community segments include
Youth Groups, Women Groups, Transport Organizations, Resident Associations, etc.
Almost all the sub-projects under NaMSIP are physical interventions (roads, waste management
infrastructure, etc.) and hence the service improvement concept. Sub-project designs will be
developed for the respective sub-projects and in consultations with other stakeholders such as to
provide specific concepts. Environmental and social impact assessment (ESIA) will then be guided
by the concepts towards establishing a logical environmental and social management plan for
integration in the implementation.
7.4.2 Project Alternatives
Analysis of alternatives systematically compares feasible alternatives to the proposed project site,
technology, design and operations (including the "No-Project" situation) in terms of their potential
environmental impacts, the feasibility of mitigating these impacts, their capital and recurrent costs,
their suitability under local conditions and their institutional, training, and monitoring
requirements. For each of the alternatives, associated environmental impacts should be quantified
to the extent possible including the economic values where feasible. The basis for selecting the
particular project design proposed should address recommended impact prevention and
approaches to pollution abatement during construction and operations thereafter.
7.4.3 Sub-Project Review and Disclosure
The design concepts, related drawings and recommendations from the ESIA process would require
to be reviewed by NaMSIP through the Project Steering Committee as well as the specific sub-
project implementation team. The review will identify key areas with impacts to the sub-project
output or where there are potential conflicts with other initiatives or identified conflicts with the
environment and social aspects in the target areas. This review will be necessary for the Project
Management to endorse or amend the ESMP before submission to NEMA for the compliance
review and approval.
The ESIA report with the comprehensive ESMP is ultimately reviewed and approved by NEMA and
a license issued for the specific sub-project. Part of the sub-project approval involves disclosure of
the sub-project details to the public and particularly to the Lead Agencies. Disclosure process takes
three forms;
(i) Public consultations forums where the project concepts are presented to the public and
stakeholders through organized forums. Upon understanding the details of the sub-
projects, the stakeholders gets an opportunity to express their fears and opinions
regarding areas that directly affects them positively or negatively. The views and
suggestions are then reflected in the ESMPs as well as in the sub-project designs and
subsequently in the implementation,
(ii) The ESIA report together with the ESMP is distributed to the relevant Lead Agencies
through NEMA. The Lead Agencies are expected to review specific areas touching on
the sectoral responsibilities and contribute towards the improvement of the designs and
implementation,
(iii) The ESIA report is also disclosed to a wider review by displaying the same in the media
accessible by all stakeholders and the public. This involved displaying in the websites
(financing institutions such as the World Bank), advertising in the local commonly read
print media and placing hard copies of the reports in public offices.
7.4.4 Sub-Project Approval
The approval of a sub-project at NEMA follows certain time lines and procedures. These timelines
need to be reflected in the sub-project scheduling to avoid conflicts or unnecessary delays during
the implementation. Basic approval process involves the following deliverables;
(i) Preparation and submission of a ESIA Project Report (commonly referred to as Scoping
Report) developed on the basis of initial findings of the sub-project and the concepts
from the preliminary design. The project may be disclose and approved at that stage but
depending on the magnitude, NEMA may call for a full ESIA Study,
(ii) Terms of Reference (ToR) will be submitted to NEMA upon instructions to be approved
for a full ESIA Study process,
(iii) Full ESIA Study Report will be submitted to NEMA for review, disclosure and necessary
approval. A project license will be issued against approval of this report and the sub-

project should commence within 24 months of the approval otherwise a re-application be

considered.
7.4.5 Sub-Project Implementation
During the implementation of each sub-project, supervision is expected to be an integral part of the
works. The Contractor shall be provided with the ESMP for integration in the works. Appropriate
supervision on environmental and social management performance will be necessary throughout
the duration with the main criteria being the ESMP developed from the ESIA process. Progress
Reports in this regard will be produced on pre-agreed schedules (a Mid-Term and Completion
Reports may also be produced).
7.4.6 Supervision of Implementation
The sub-project implementation and construction process will be supervised by a team of qualified
experts recruited by the Client. Ensuring high performance in the implementation of the
environmental and social requirements constitutes part of the supervision and is guided by the
environmental and social management plan developed during the ESIA process. The supervising
expert, therefore, would be expected to study the ESMP and update the same to reflect the reality
on the ground. The updated ESMP should also be provided to the Contractor as part of the
contractual documents so that the obligations are integrated in the works.
7.5 Timeframe
While the environmental and social management framework is an overall guiding principle for a
project based on the general principle, implementation of environmental and social safeguards for
the associated sub-projects should be guided by the project concepts. In this regard, the respective
concept development and documentation should be accomplished followed by preliminary design
preparation. The principles behind the concept and the preliminary designs would then inform on
the key environmental and social aspects and subsequently an appropriate environmental and
social statement. The timeframe for development and integration of environmental and social
aspects into a sub-project will be dependent on how long the development of the concepts will take.
However, with ESMF in place, appropriate issues are provided for early references during the sub-
project development.
On the other hand, before the final designs and implementation of the designs, a comprehensive
environmental and social management plan would need to be completed to feed into the
implementation. In addition to the design and approval schedules, allowance should also be
considered for the period required on the approval of the ESMP by NEMA.
7.6 Monitoring Parameters
As discussed earlier, sub-projects have varying linkages to environmental and social setting. The
linkages determine the monitoring parameters for application during the implementation. Following
is an outline of the monitoring parameters derived from the foregoing observations;
Table 14: Schedule of Monitoring Parameters
Component Monitoring Criteria Monitoring Parameters
Component 1 and 4 Relevance of the activities to the sub-  Sub-project concepts

projects and the overall project  Capacity (skills and access to equipment) on
environmental and social evaluation

 Financial sources and records
Level of compliance to environmental  Environmental standards (NEMA)
quality  Waste Management Regulations (NEMA)
 Wastewater Management Regulations (NEMA and
WRMA)
 Air quality standards (still in draft form)
 Noise and vibration guidelines (NEMA and World
Bank)
Component 2 Mitigation efficiency of associated  Provisions of ESMPs for respective sub-projects
impacts during construction under the category
 Conflicts with adjacent ecological features of any of
the sub-projects

Sub-Component 3A Efficiency at waste generation points  Waste generation zones’ identities
and storage facilities  Waste categories and quantities by zones
 Level of segregation at sources
 Modes of waste collection and removal
Compliance of waste handlers with  Organization and legality of waste handlers
established regulations  Registration with NEMA of the waste handlers
 Operation practices of the waste handlers
 Compliance with established waste management
regulations
Adequacy and suitability of waste  Nature and design provisions of waste handling
handling infrastructure facilities (transfer stations and ultimate disposal)
 Provision for waste segregation and recycling
 Level of participation by the stakeholders and
communities
Acceptability of ultimate disposal  Compatibility of disposal sites with adjacent land
sites to the public use patterns
 Role played by the immediate communities
 Frequency of environmental quality monitoring
including air sampling, soil testing, water quality
(surface and ground),
 Ecological effects
 Frequency of public health monitoring
 Continuous compliance with environmental
guidelines and standards (NEMA and World Bank)
Efficiency of decommissioning  Decommissioning audit outputs
 Environmental clean-up methods,
 Frequency of post-decommissioning monitoring
including air quality, soil, water resources,
 Frequency in monitoring public health effects
 Compliance with environmental guidelines and
standards (NEMA and World Bank)
Sub-Component 3B Impacts during the road construction  Status of environmental features on the road
and provision of other associated corridor before construction (drainage, rivers,
units streams, forests, wetlands, steep slopes, etc.)
 Environmental quality during construction (air
quality, water quality, soil),
 Ecological effects during construction (volume of
vegetation lost, types of animals lost, etc.)
 Waste disposal, e.g. spoil dumping, machinery
wastes (waste oils), organic materials,
 Status of social features on the road corridor before
construction (settlements, economic activities, etc.),
 Level of social disruption (displacements),
 Extent of social disturbance (elevated noise, dust,
traffic flow, accessibility to premises, etc.),
 Levels of safety and security

Usability of the new road sections  Road safety

 Travel times between points
 Opinion of road users
 Enhanced compliance with road regulations
Acceptability of the facilities/utilities Opinion of stakeholders, users and general public on
upon completion finished facilities/utilities
Sub-Component 3C Wastewater management and

disposal
7.7 ESMF Financing Strategies
Implementation of the NaMSIP initiatives requires substantial financial resources whose sources
may include Central Government, Local Partners and international development partners. The
financing strategies may differ from one sub-project to another depending on specific funding
mechanisms and implementation policies. However, the overall guideline should in line with the
budgetary procedures of the Ministry. Among the key ESMF items for financing may include the
following;
(i) Capacity building including staff training needs assessments, training programmes,
continuous skills improvements, etc.,
(ii) Equipments and facilities including offices and office equipments, transport, field
equipments, etc.,
(iii) Environmental and social impacts assessment studies and development of
environmental and social management plans
(iv) Environmental audits
(v) Preparation and implementation of resettlement action plans (RAPs)
(vi) Public awareness creation and sensitization programme

Chapter 8: ESMP Principles
8.1 Environmental and Social Impact Assessments (ESIA)
8.1.1 Main ESIA Objectives
The main objective of the ESIA is to carry out an environmental and social impact assessment
(including resettlement action plans) associated with development of the sub-projects and the
associated facilities. The is designed to comply with the current requirements of international
financing agencies (e.g. The World Bank) in addition to the EIA Regulations of 2003 as established
under the EMCA, 1999. The basic expectations from the process would include among others;
(i) A background, scope, objectives of the project with respect to environmental and social
aspects of the specific sub-project,
(ii) Review and analysis of policies, legal and institutional framework governing
environmental resources management in Kenya,
(iii) Review of documented information and data on the areas affected by the sub-project,
(iv) Examine and document the environmental and social baseline conditions of the sub-
project areas,
(v) Identify all environmental and social impacts (positive and negative) associated with the
sub-project preparation, construction, operations and decommissioning stages and
appropriate mitigation or preventive measures,
(vi) A comprehensive environmental and social management plan (ESMP) for integration
into the sub-project implementation process,
(vii) An environmental and social monitoring plan (ESMP) covering all stages of the project
lifecycle,
(viii) RAP report identifying and quantifying the Project Affected Persons (PAPs) and the
associated property and establish a resettlement action plan outline including land
acquisition and compensation factors.
8.1.2 ESIA Scope
The basic scope of the Environmental and Social Impact Assessment (ESIA) is to develop suitable
recommendations to be integrated in the project design and implementation for mitigation of
anticipated adverse impacts to the environment and social setting the sub-project and service
areas. An evaluation of public opinions and stakeholders attitude towards the sub-project is
captured through interviews and consultative forums conducted throughout the sub-project area
variously during the study period.
8.1.3 ESIA Methodology Outline
In accordance to the ESIA regulations the objectives of the study should include the following key
issues;
(i) A clear description of the proposed sub-project including its objectives, design concepts
and anticipated environmental and social impacts,
(ii) Description of the baseline conditions in the sub-project areas such as to cover the
physical location, environmental setting, social and economic issues,
(iii) A description of the legal, policy and institutional framework within which the proposed
sub-project will be implemented,
(iv) Description of the project alternatives and selection criteria,
(v) Details of the anticipated impacts to the environment, social and economic aspects of
the area covered by the project,
(vi) Appropriate mitigation and/or corrective measures,
(vii) Develop an environmental management plan (ESMP) presenting the project activities,
potential impacts, mitigation actions, targets and responsibilities, associated costs and
monitoring indicators,
8.2 General ESIA Approach
The ultimate goal of this general approach is to identify impacts resulting from the proposed sub-
project to be determined on the basis of the baseline conditions established during the field work
and information obtained from the documents reviewed. For subjective predictions of the impacts,
the site area should be subjected to environmental and social scoping process. This is a process of
evaluating the significance of the sub-project impacts and possibilities of handling the same. The
scoping process is then followed by a detailed evaluation of the project area focused on any
significant environmental issues. The communities living within the coverage area should be
interviewed during consultation and participation process during the detailed study process. Among
the tools to be used include questionnaires, self writing forms, photographs, etc. Overall, ESIA is
undertaken through the general stages below;
8.2.1 Scoping Process
This process is designed to provide a preliminary view of the environmental and social status. It
involves establishing the diversity on physical environment, climatic conditions, social and economic
trends in the area. The study team should share experiences on environment and social issues in
the project area and in particular with regard to the field of the sub-project. This would enable
determination of sub-project elements to be emphasized on.
8.2.2 Documentary (Literature) Review
Various relevant documents need to be reviewed for a clear understanding of the terms of
reference, environmental status of the sub-project area and the target natural resources, data on
social and economic trends (for the sub-project area, the beneficiary areas and the adjoining
zones), land use practices in the affected areas, development strategies and plans (local and
national) as well as the policy, legal and institutional documents.
8.2.3 Field Assessment
Field assessments are designed to address the physical and biological environment as well as the
project affected persons (PAPs). Determination of the affected environmental and social features
felt within the sub-project area and also in the neighbouring zones. The fieldwork session is focused
on establishing the anticipated positive and negative impacts in terms of physical and biological
environment, social and economic trends. Specific objectives of the field assessment included;
(i) Obtain any available information and data from the local public offices including
environment, water, lands and agriculture, etc. Public consultations are also organized
with the stakeholders,
(ii) Evaluate the environmental setting around the proposed sub-project sites. General
observations are focused on the topography, land use trends, surface water sources,
public amenities, wetlands, settlements, forests, soils, etc. Also to identify climatic and
land cover variations along the affected areas,
(iii) Evaluate social, economic and cultural settings in the entire sub-project areas,
(iv) Undertake comprehensive consultative public participation exercise such as to reach a
large section of the project affected persons as well as other stakeholders.
8.2.4 Detailed ESIA Study Activities
This involves a series of activities carried out in liaison with the Client, relevant government
departments, local authorities, community groups and other organizations in the area with a view to
sharing their experiences and information with respect to environmental resources and social
aspects. Effective evaluation of the social baseline status achieved through interviews (consultative
meetings and discussions) and physical inspection of the entire project area. The baseline
conditions provide the starting point for the impacts predictions and benchmark for the mitigation
measures.
8.2.5 Public Consultations
Interaction with the stakeholders and communities living around the sub-project area is a
continuous process. This commences immediately upon commissioning of the assignment. Among
the interactions include informal contacts on basic inquiries and engaging residents in the study
activities. Among the formal forums undertaken include sensitization sessions involving all levels of
stakeholders, social and economic surveys at household levels and public participation forums that
are open to all the residents. Addition sessions would involved the PAPs who are interviewed for
purposes of compensation on land acquisition and potential compensations.
8.2.6 Reporting
The reports (inception, draft final and final draft and final) are done at pre-agreed timeframes such
as to cover the requirements of the National Environmental Management Authority (NEMA)
guidelines. The report schedule comprises a scoping report, draft final ESIA study report and final
ESIA study report. The scoping report and the final study report are submitted to NEMA review.
Besides continuous briefings to the Client and local NEMA office would be necessary.
8.3 Environmental and Social Management Plan (ESMP)
8.3.1 ESMP Principles
A project's environmental management plan (EMP) should consist of a set of mitigation, monitoring,
and institutional measures to be taken during implementation and operation to eliminate adverse
environmental and social impacts, offset them, or reduce them to acceptable levels. The plan
should also include the actions needed to implement these measures.
An EMP is an essential element of environmental assessment reports for Category A projects while
for most of Category B projects, the environmental assessment may result in a management plan
only. The EMP includes the following components:
(i) Mitigation: The EMP identifies feasible and cost-effective measures that may reduce
potentially significant adverse environmental impacts to acceptable levels. The plan
includes compensatory measures if mitigation measures are not feasible, cost-effective,
or sufficient. Specifically, the EMP:
 Identifies and summarizes all anticipated significant adverse environmental impacts
(including those involving indigenous people or involuntary resettlement);
 Describes with technical details each mitigation measure, including the type of
impact to which it relates and the conditions under which it is required (e.g.,
continuously or in the event of contingencies), together with designs, equipment
descriptions, and operating procedures, as appropriate;
 Estimates any potential environmental impacts of these measures; and
 Provides linkage with any other mitigation plans (e.g., for involuntary resettlement,
indigenous peoples, or cultural property) required for the project.
(ii) Environmental monitoring during project implementation provides information about key
environmental aspects of the project and the effectiveness of mitigation measures. This
information allows for evaluation and corrective action to be taken when needed. The
monitoring section of the EMP provides a specific description of monitoring measures,
including the parameters to be measured, methods to be used, sampling locations,
frequency of measurements, detection limits (where appropriate), and definition of
thresholds that will signal the need for corrective actions; and monitoring and reporting
procedures to ensure early detection of conditions that necessitate particular mitigation
measures, and furnish information on the progress and results of mitigation.
(iii) Capacity Development and Training: To support timely and effective implementation of
environmental project components and mitigation measures, the EMP provides a
description of institutional arrangements - who is responsible for carrying out the
mitigatory and monitoring measures (e.g., for operation, supervision, enforcement,
monitoring of implementation, remedial action, financing, reporting, and staff training).
(iv) Implementation Schedule and Cost Estimates: For all three aspects (mitigation,
monitoring, and capacity development), the EMP provides an implementation schedule
for measures that must be carried out as part of the project; and the capital and
recurrent cost estimates for implementing the EMP.
(v) Integration of EMP with Project: The Proponent’s decision to proceed with a project, and
the Bank's decision to support it, is predicated in part on the expectation that the EMP
will be executed effectively. Consequently, the EMP needs to be specific in its
description of the individual mitigation and monitoring measures and its assignment of
institutional responsibilities, and it must be integrated into the project's overall planning,
design, budget, and implementation.
8.3.2 NaMSIP ESMPs
Sub-projects developed under NaMSIP are geared towards enhancing social and economic
benefits to the people living in the target areas and the Metropolitan in general. The sub-projects,
however, should also observe environmental protection requirements in accordance to the
established laws and regulations to ensure sustainability. To realize this goal, acceptability by a
majority of the beneficiaries and minimal effects to the physical environment will require to be
integrated in the overall project policies through constant consultations, evaluations and review of
the design aspects throughout the project coverage.
It is recommended that guiding principles specific to each sub-project and the regulations governing
the respective sub-project fields (water resources, roads infrastructure and waste management
among other areas) be developed that will allow integration of environmental and social
management considerations in the planning, construction, operations and ultimately
decommissioning stages. Among the factors that need to be considered in sub-project
implementation should include;
(i) Ensure prevention of pollutants discharge into the environment,

(ii) Enhance integration of environmental, social and economic functions in the sub-project
implementation,
(iii) Consider preventive measures towards possible social and economic disruptions that
may arise from the sub-projects implementation in accordance with the laid down
guidelines across the entire NaMSIP,
(iv) The contractors and other players in the NaMSIP activities be prevailed upon to
implement the EMP through a sustained supervision and continuous consultations,
8.3.3 Management Responsibilities
In order to implement the environmental and social management plan for every sub-project, it is
recommended that a supervisor is identified to oversee integration of environment and social
management aspects identified for the specific area. The supervisor would also be expected to co-
ordinate and monitor environmental and social performance throughout the construction period and
provide monitoring schedules for the operation phase. Other recommended participants could
include the respective District Environmental Officers (stationed in the respective Counties), Water
Authority Offices, Water Services Providers, the Physical Planning Offices as well as the respective
Local Authorities among others.
The responsibility relationship is as follows;
(i) NaMSIP will be responsible for the coordination of activities and liaisons, particularly in
regard to the identification of sub-project sites, construction and social linkages,
(ii) The Sub-Project Implementation Committees will ensure that the contractor is observing
all measures associated with water resources management rules,
(iii) NaMSIP will liaise with the respective Environment Offices on matters of environmental
and social nature. The beneficiary communities will be responsible for overseeing the
implementation of environmental and social performance with the assistance of the
informed stakeholders,
(iv) It would be recommended that a Public Relations Person from NaMSIP is selected on
the basis of ability to directly interact with the local communities on social, economic and
cultural matters for long term sustainability of the intervention projects. In this regard, a
stakeholder liaison committee could also be established for ease of communication of
concerns to the project management. Stakeholder project liaison committees will be
fully responsible for sensitizing the respective project beneficiaries and local
stakeholders on matters associated with the project
(v) The National Environmental Management Authority (NEMA) through the respective
District Environment Offices at the Counties shall be responsible of surveillance of
environmental and social aspects of the project implementation. It will be expected that
the concerns will be communicated through the public relations person for prompt
attention whenever they arise,
8.3.4 Environmental Management Guidelines
Upon completion and commissioning of the sub-projects, it will be necessary to establish

appropriate operational guidelines on environmental and social management and linkages to
enable the operators identify critical issues and institute appropriate actions towards minimizing
associated conflicts. Basically, the guidelines should cover among other areas environmental and
social management programmes, standard operation procedures, compliance monitoring schedule
and environmental audit schedules as required by law. Social harmony of the facilities and
associated component will be achieved through collaborations with the stakeholders or community
management committees at various water points and ablution blocks.
It is recommended that the beneficiary communities and stakeholders must have an accountable
structure that is in harmony with the NaMSIP and the Ministry’s organizational framework but with
clear responsibilities, documentation and record keeping as well as resource accounting.
8.3.5 Environmental Education and Awareness Raising
NaMSIP, the stakeholders and the beneficiaries will need to understand basic principles on
environmental resources, water, sanitation and hygiene issues associated with the respective sub-
projects. In this regard, therefore, the following steps will need to be considered;
(i) Creation of liaisons on all matters related to environment, utilization of environmental

resources including water, health and safety, sanitation and hygiene issues of the sub-
projects,
(ii) Encourage contribution of improvement ideas from the beneficiaries on specific issues
related to the management of the sub-projects and associated facilities say through a
questionnaires, direct interactions or other modes of communication,
(iii) Establish initiatives that would instill a sense of ownership of the facilities and related
components to all stakeholders and beneficiaries for long term sustainability and
optimum benefits,
(iv) It will also be necessary for all operators and stakeholders to be familiar with the
established relevant policies and regulatory provisions.
8.3.6 Decommissioning Process
Almost all the sub-projects under NaMSIP are geared towards long term lifespan-intervention
facilities and therefore, possibly to run for many years. However, should it be necessary to remove
significant part or an entire facility under this project, a decommissioning audit will need to be
undertaken between 6 months – 1 year before the process commences following a notice to
decommission. The decommissioning process will be guided by a comprehensive decommissioning
plan developed through the decommissioning audit process. However, the following features may
require to be decommissioned upon completion of the works for which a decommissioning plan will
be development for supervision;
(ii) Contractors’ camp sites and installations that will need to be removed without
compromising on the safety and general welfare of the immediate residents. Special
care to be given to associated wastes and dust emitted in the process,
(iii) Materials stores that will comprise fresh materials and used items. Each category will be
moved safely out of site ensuring minimal or no impacts to the related environment and
social setting,
(iv) Wastes and debris holding sites will be cleared with maximum re-use of the debris either
on surfacing the passageways or other grounds such as schools and church
compounds.
(v) Small parts of the completed sub-projects for purposes of reconstruction or
replacements.
8.3.7 ESMP Matrix
ESMP for a project will be better presented in a matrix form not only for ease of reading but also
periodical improvement. The matrix will comprise of clear outline of the specific sub-project activities
among them the key ones being following;
(i) Site selections

(ii) Planning and design concepts
(iii) Environment and social impacts assessment
(iv) Land acquisition and compensations of PAPs
(v) Clearance of project areas
(vi) Construction of works
(vii) Relocation of services where necessary
(viii) Supervision of environmental and social supervision
(ix) Environmental audits
The matrix is structured such as to address the following;
(i) Activities specific to a specific sub-project

(ii) Environmental and social impacts anticipated on each sub-project activity
(iii) Proposed mitigation actions to address each sub-project impact,
(iv) Responsibilities, showing all the parties expected to have a role in the mitigation
measures
(v) Timeframe suitable for commencement of mitigation actions and frequency thereafter,
(vi) Costs estimates for the mitigation actions established.
Table 15 below provides a general ESMP outline that could be adopted as a template matrix for
specific sub-projects.

Table 15: ESMP Matrix Template
Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes

Aspects
Sub-project  Prepare an environmental and social
development and statement on the basis of the sub-project
formulation Uncertainty of concept as part of the project formulation
compatibility to the  NaMSIP During planning prior
environment and social  Identify all compliance requirements (policy to project
acceptability of whole or and legal provisions) of the specific sub-  Experts registered with commencement
parts of the sub-project projects and prepare a compliance reference NEMA
register
 Study possible alternatives to the proposed

sub-projects and site locations
Project design,  Undertake comprehensive environmental and  NaMSIP
approval and social impact assessment (ESIA) study in
implementation accordance with the NEMA regulations as well  Registered ESIA Expert
as the World Bank environmental and social During project
safeguards,  NEMA for sub-projects planning and design
approvals stages
Potential direct, indirect,  Prepare comprehensive environmental and
temporary and social management plan
permanent impacts to Consider also
the environmental and  Illustrate impacts associated with project
social settings alternatives  Specific sub-projects
Management
 Establish the environmental and social
baseline conditions including environmental  Participation of beneficiary
measurements, social settings and economic communities
trends
 Participation by relevant
 Ensure the project passes all levels of stakeholders
approval at the local environmental Authorities
 Identify the stakeholders potentially affected  NaMSIP sub-projects
by the sub-project Implementation
Management.
 Prepare and conduct appropriate stakeholder
consultations and register their fears, views  Local Authorities
Social opinions and and opinions During sub-project

Aspects
suggestions  Community Groups planning and design
 Integrate stakeholder concerns into the sub- stages
project deigns and implementation  Local leadership
 Involve all beneficiary community in the

design and implementation of the sub-projects
Projects sites  Prepare an inventory of plant species at the
clearance, site sites of the projects
preparation and Loss of vegetation  NaMSIP sub-projects Upon
project cover including forests,  Integrate a re-vegetation programme for Management commencement of
implementation wood lots, compensation of the lost vegetation upon sub- the project
project completion  Collaboration with KFS implementation
 Undertake planting of relevant vegetation in all

sub-project locations and ensure survival of
the same
 Natural forests can only be interfered with

upon consultations and appropriate permits
obtained
Water Resources  Identify the baseline conditions of the water  NaMSIP sub-projects Initiate action upon
degradation including resources affected (flows, water quality, water Management commencement of
rivers, streams, use, etc.) the project
wetlands, etc.  Collaborations with Water
 Protect the water resources from physical Authorities (Athi Waster
encroachment of destruction from project Services Boards and
activities (road construction, waste collection Respective Water Service
and transfer, excavations for drainage Provider
construction, siltation, etc.)
 Ensure no pollutant discharge into water

sources from project activities,
 Prepare and implement a water resources

restoration plan upon completion of the sub-
project
Wetlands systems (for  No encroachments into wetland systems or  NaMSIP specific sub- All through the
projects within wetland inlet streams under any circumstances projects Management project


Aspects
areas) implementation
 Any wetland resources desired should only be  Water Resources period
used upon consultations and permits Management Authority
(WRMA) for surveillance
Soil quality and loss  Undertake soil quality baseline conditions All through the
(especially on waste through sampling and measurements  NaMSIP specific projects project
management projects) (nutrients, heavy metals, other parameters to and specifically waste implementation
be determined) management projects. period
 Provide soil erosion control for all the areas  Soil Quality Expert
affected by the sub-project.
Air Pollution (dust and  Undertake baseline air quality baseline
emissions) conditions through physical measurements
 NaMSIP projects’ During construction
 Integrate dust control in all areas covered by Managers including waste period
the sub-project management and road
construction initiatives.
 Ensure sub-project machinery are in good
working conditions at all times,  Health and Safety Expert
 Integrate compliance plans with air quality

regulations into the sub-project
implementation
Pollution from Waste  Establish waste characteristics associated  NaMSIP projects in waste
Management with specific sub-project implementation and management initiatives During project
methodologies operation construction period
 Local authorities
 Identify existing waste management systems
and mechanisms in the sub-project areas  Waste Management
Expert
 Establish waste pathways from the sub-
project areas to destinations  Waste handlers where
they exists
 Encourage waste recycling where possible
 Propose modes and prepare waste

management plan for the waste generated
from the sub-projects,


Aspects
Noise and vibrations  Establish the baseline noise levels at the sub-
projects’ areas including existing sources of All NaMSIP sub-projects will During project
noise need to observe low noise construction period
levels during construction
 Identify potential sources of noise in the sub-
project implementation Health and Safety Expert (for
advise)
 Prepare and implement a noise control plan
for the sub-project implementation
 Take stock of the social and social impacts for
all aspects of the sub-project implementation
 Undertake a review of the social impaacts

established under the ESIA process
Potential social
disruptions  Implement the social impacts mitigation  NaMSIP Sub-projects
(displacements, measures Implementation To be accomplished
economic disruptions,  Delineate the sub-project coverage and Management during the planning
institutional disruptions, affected social, economic and institutional and design stages
features affected  Local Authorities and before
implementation
 Undertake a Resettlement Action Plan  RAP Expert commences
(abbreviated or full RAP) with displacement
and compensation strategies  Beneficiary community
leadership
 Involve all affected entities (individuals and
groups - PAPs) through consultation forums
on relocation modalities
Moral values and social  Enhance social sensitization and awareness  NaMSIP Project During the project
disease infections on social morals and associated implications Management construction period
(influx of people with
different moral values,  Undertake related baseline data and  Health Agencies with
prostitution, HIV/AIDS, intervention plans for integration into the sub- respective project areas
etc.) project implementation
 Health and safety expert
 Collaborate with national HIV/AIDS control
initiatives for the sub-projects


Aspects
Cultural features (grave  Identify any cultural features in all the project  NaMSIP Sub-project During project
yards, cultural locations and the associated communities, management for initiatives construction period
conservation sites, within neighbourhoods of
traditional sites  Propose measures to deal with the cultural features and
established cultural features including sensitive areas
possible alterations to the project design and
implementation plans  Department of Culture and
Social Services for
 Consult on significant of any cultural and surveillance
traditional sites and viability of proposed
alternatives
 Undertake to meet related cost

Sub-projects Environmental clean-up  Decommission the sub-project construction
completion and camp(s)
operations  NaMSIP sub-project  Upon completion
 Clean-up the environment of wastes Management of the sub-project
associated with the sub-projects construction
Environmental and  Undertake environmental and social audit  NEMA Registered Lead
social interactions during operations in accordance with Expert  Initial operation
during operations established regulations stages
 Consult stakeholders on their opinions and

suggestions
Decommissioning Environmental and  Undertake a decommissioning audit and
Stages (all or social implications for develop a decommissioning plan at least 6  Notification to
sections of the removal or all of the months before decommissioning decommission 1
projects) sub-projects Sub-project management year prior
 Undertake decommissioning through
(Process not well supervision using the decommissioning plan  Decommissioning
addressed under the audit 6 months
national legislation)  Monitor the environmental and social process prior
on post-decommissioning monitoring plan
Note: To be reflected on the matrix for actual sub-projects will be the Clear project stages, Cost Estimates and Specific Monitoring
Indicators for success in environmental integration

Chapter 9: Conclusions and Recommendations
9.1 Conclusion
The following conclusions have been drawn following on the scenarios discussed under this report;
1. The NaMSIP project addresses areas of key public interest including waste
management, water supply, access roads and markets among others as outlined in the
Project Concept Note (PCN). The intervention areas are in total agreement with the
Kenya Vision 2030 and reflected in the Nairobi Metro 2030,
2. At the time of this ESMF development, no specific sub-projects had been developed
under the project categories. It was, therefore, not possible to undertake specific
environmental and social impact assessments for any sub-project. The ESMF is a
strategic document to guide the whole project on environmental and social management
issues and a framework for sub-projects selection, design and implementation,
3. Nairobi Metropolitan Area spans a diverse environmental and social scope determined
by the varying geographical, topographical, climatic conditions, socio-cultural and
economic settings. The northern, southern and eastern zones have different
characteristics in this regard and hence varying characteristics for sub-projects linkages.
Impacts associated with sub-projects, therefore, would be assessed based on the
specific baseline environmental and social conditions.
4. Environmental and social setting in Nairobi Metropolitan Region is dynamic and likely to
change drastically over time as social and economic aspects change. This may affect
land use changes, cultural integration, resources availability and utilization, income
generation and factors affecting the physical and biological environment
5. NaMSIP components provide a range of intervention sub-projects whose mandate falls

under other institutions such as transportation, water projects, waste management, etc.
This implies there are potential conflicts during the implementation if appropriate
involvements ands and collaborations are not properly undertaken
6. With increasing demand for land in most parts of the metropolitan, social conflicts over
settlements and economic activities are likely. While appreciating the desire of the sub-
projects to minimize displacement of people, limited interference cannot be ruled out, a
situation that calls for early engagement of the affected people, creation of ownership
and prompt compensation where necessary
7. The project institutional framework is key for success of the sub-projects implementation.
While the ministerial organizational framework is clear, the grassroots structure is not
very clear to the extent where the various players get involved.
8. It is notable that budgeting process for the sub-projects has not been integrated into this
ESMF report. This is to allow adoption of the existing procedures within the Ministry of
Nairobi Metropolitan Development in this regard.
9.2 Recommendations
1. The ESMF is expected to be dynamic and likely to change over time. It is, therefore,
expected that the document will need to be reviewed at least annually to continually
address the changing environmental and social settings. This would, particularly be
important with changing legal framework as the situation is evolving with implementation
of the new Constitution,
2. Upon development and formulation of specific sub-projects, appropriate Terms of

Reference for ESIAs will need to be developed and appropriate experts engaged to
develop specific ESMPs for the sub-projects implementation. The ToRs will need to be
fully guided by the ESMF in order to address all environmental and social issues
associated with the specific sub-project. At the national level, ESIA studies are
undertaken by Experts registered and recognized by the National Environmental
Management Authority,
3. With communities being the main beneficiaries of the intervention projects, ownership is
extremely important. Stakeholders’ participation and public consultations should be
integrated across the entire project implementation process through consultation forums
and rapid interviews. Public disclosure is among the forums for involvement of the
stakeholders at all levels.
4. Having appreciated the roles of core players in the various sectors where intervention
projects are taking place, it will be necessary to incorporate the respective Agencies in
the formulation and design of the respective sub-projects and also bring them on borad
during the implementation phases. Among the key players likely to be involved include
the Road Sectors, Water Sectors Players, Local Authorities, etc.
5. As noted earlier, among the sub-projects are likely to have a multiple linkages with the
environmental and social issues. For this reason, it will be necessary to consider
integrated approach for all the intervention projects for enhanced long term sustainability
and value adding to the beneficiaries.
6. It will be necessary to establish a comprehensive and all-inclusive sub-project

implementation structure to be applied in the project components. A sample outline has
been proposed under this ESMF report.
References
1. Republic of Kenya, Ministry of Nairobi Metropolitan Development of a Spatial Planning

Concept for Nairobi Metropolitan Region, February 2011
2. Wachira M.George Vindicating Indigenous Peoples’ Land Rights in Kenya, 2008
3. GOK, National population Census Report (2009)
4. Ministry of Nairobi Metropolitan Development, 2008; Nairobi Metro, 2030,
5. Ministry of Nairobi Metropolitan Development, 2009; Strategic Development Plan, 2009
– 1013
6. World Bank Project Concept Note
7. World Banks ESMF Tool Kit
8. Republic of Kenya, 1999; Environmental Management and Coordination Act, 1999,
9. Republic of Kenya, 2002; Water Act, 2002,
10. Various National Policies
11. World Bank Safeguards Operational Procedures
12. Republic of Kenya Vision 2030
13. Republic of Kenya, 2009, National Population Census and Economic Report
14. Republic of Kenya Environmental Management and Coordination Act 1999
15. Republic of Kenya Land Control Act
16. Republic of Kenya Local Government Act
17. Republic of Kenya Physical Planning Act
18. Republic of Kenya Public Health Act
19. Republic of Kenya Water Act 2002
20. Tchobanoglous, G.; Theisen, H.; and Vigil, S. (1993). Integrated Solid Waste
Management. New York: McGraw-Hill.
21. Municipal solid waste management challenges in developing countries – Kenyan case
study. Rotich K. Henry, Zhao Yongsheng*, Dong Jun. College of Environment and
Resources, Jilin University, Changchun 130026, China. 2005
22. World Bank Group Environmental, Health, and Safety Guidelines

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Environmental and Social Management Framework

Nairobi Metropolitan Services Improvement Project

Implementer: Ministry of Nairobi Metropolitan Development (Nairobi Metropolitan Services

Activity: Technical assistance for the Preparation of an Environmental and Social

Name and Address of Expert:

Mr. Harrison W. Ngirigacha (MSc. WERM, BSc. Chem. NEMA Reg.)

Tel. 0722 809 026, 0733 139 786

Ministry of Nairobi Metropolitan Development,

Tel. 020 317246/317235.

Ministry of Nairobi Metropolitan Development Page 1 of 102 Consultant: Harrison W. Ngirigacha

NAIROBI METROPOLITAN DEVELOPMENT REGION

Ministry of Nairobi Metropolitan Development Page 2 of 102 Consultant: Harrison W. Ngirigacha

EXECUTIVE SUMMARY .........................................................................................................................................10

CHAPTER 1: INTRODUCTION .........................................................................................................................18

1.1 BACKGROUND ...................................................................................................................................................18

CHAPTER 2: THE PROJECT DESCRIPTION.................................................................................................24

2.1 THE NAIROBI METROPOLITAN AREA ................................................................................................................24

CHAPTER 3: ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS ...............................................33

3.1 OVERVIEW .........................................................................................................................................................33

3.2.5 Air Quality ...............................................................................................................................................37

CHAPTER 4: POLICY AND LEGAL FRAMEWORK ......................................................................................45

4.1 NATIONAL POLICIES ..........................................................................................................................................45

CHAPTER 5: INSTITUTIONAL FRAMEWORK...............................................................................................64

5.1 MINISTRY OF NAIROBI METROPOLITAN DEVELOPMENT ...................................................................................64

CHAPTER 6: ENVIRONMENTAL AND SOCIAL LINKAGES........................................................................67

6.1 PHYSICAL ENVIRONMENTAL ISSUES .................................................................................................................67

6.2.1 Social Issues ..........................................................................................................................................67

CHAPTER 7: ENVIRONMENTAL AND SOCIAL MANAGEMENT PRINCIPLES ........................................78

7.1 OVERVIEW .........................................................................................................................................................78

CHAPTER 8: ESMP PRINCIPLES....................................................................................................................88

8.1 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS (ESIA) .......................................................................88

8.3 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) .........................................................................90

CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS ...................................................................... 100

9.1 CONCLUSION ...................................................................................................................................................100

REFERENCES ....................................................................................................................................................... 102

TABLE 1: NAIROBI METROPOLITAN SPATIAL AREA .....................................................................................................27

FIGURE 1: NAIROBI METROPOLITAN REGION LOCATION MAP ......................................................................................24

Ministry of Nairobi Metropolitan Development Page 6 of 102 Consultant: Harrison W. Ngirigacha

ASAL Arid and Semi Arid Land

Ministry of Nairobi Metropolitan Development Page 7 of 102 Consultant: Harrison W. Ngirigacha

Baseline Conditions: A comprehensive description of the prevailing environmental, social,

Compliance tools: documented guidelines to assist in identification of relevant legal sections to

Component: Refers to the segments of Nairobi Metropolitan Services Improvement Project

Critical Local Government Infrastructure and Services: Project initiatives to be implemented at

Critical Metro Infrastructure and Services: Projects and sub-projects to be implemented

Decommissioning process: A formal stoppage of a facility with consideration of all environmental

Environmental and Social Safeguards: Basic principles that guides an organization in

Ministry of Nairobi Metropolitan Development Page 8 of 102 Consultant: Harrison W. Ngirigacha

Ministry of Nairobi Metropolitan Development Page 9 of 102 Consultant: Harrison W. Ngirigacha

Component 1: Institutional Reform and Planning

Component 2: Critical Local Government Infrastructure and Services

Component 3: Critical Metro Infrastructure and Services

Sub-Component 3A: Solid Waste Management

(v) Formation of sanitary landfill management companies

Sub-Component 3B: Transport

Sub-Component 3C: Water and Wastewater

Component 4: Project Management, Monitoring and Evaluation

Identified NaMSIP Sub-Projects

It is already appreciated that NaMSIP Components will comprise a multiplicity of sub-projects to be

Component Sub-Projects Clusters

Component 1  Selection of physical support location

Ministry of Nairobi Metropolitan Development Page 11 of 102 Consultant: Harrison W. Ngirigacha

Component Sub-Projects Clusters