ESIA_1214 Avic International Africa HQ in Westlands report

Transcription

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED
AVICINTERNATIONAL AFRICA HEADQUARTERS IN WESTLANDS, NAIROBI COUNTY ON
PLOTL.R.NUMBERS: 209/73/1,6; 209/74/3,4,6
PROPONENT
ENVIRONMENTAL CONSULTANT
AVIC-INTERNATIONAL REAL ESTATE
(KENYA) LTD.
UNIT C2, MAKI APARTMENTS, NGONG RD.
P.O BOX 4007-00100
NAIROBI
AWEMAC
AFRICA WASTE AND ENVIRONMENT
MANAGEMENT CENTRE
TOP PLAZA 4th FLOOR, OFFICE SUITE NO. 8
KINDARUMA ROAD, OFF NGONG ROAD,
KILIMANI
P.O. Box 14365-00100, GPO,-NAIROBI.
Tel: 020-2012408/0704333166
Email: [email protected]
FIRM NEMA Reg. No. 0527
MAY 2015
AVIC International Africa Headquarters
ESIA Study Report
SUBMISSION OF DOCUMENTATION
I, Prof. Jacob K. Kibwageon behalf of Africa Waste and Environment Management
Centre submit the following Environmental and Social Impact Assessment Study
Report for the PROPOSED AVIC INTERNATIONAL AFRICA HEADQUARTERS IN
WESTLANDS, NAIROBI COUNTY ON PLOT L.R. NUMBERS: 209/73/1,6 and
209/74/3,4,6. To my knowledge, all the information contained in this report is
accurate and a truthful representation of all findings as relating to the proposed
project.
Signed at NAIROBI on this …………. Day of May 2015
Signature: ……………………………………..
Designation: Lead Environmental Consultant, NEMA Firm Reg. No.0527
SUBMISSION OF DOCUMENTATION
I, .…………………………………………............................................., on behalf of
AVICINTERNATIONAL REAL ESTATE (KENYA) LTD. submit this Environmental and
Social Impact Assessment Study Report for the PROPOSED AVIC INTERNATIONAL
AFRICA HEADQUARTERS IN WESTLANDS, NAIROBI COUNTY ON PLOT L.R.
NUMBERS: 209/73/1,6 and 209/74/3,4,6. To my knowledge, all the information
contained in this report is accurate and a truthful representation of all findings as
relating to the proposed project.
Signed at NAIROBI on this………day of May 2015
Signature: ………………………………………………………..
Designation: …………………………………………………….
©AWEMAC 2015
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ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT FOR THE PROPOSED AVIC
INTERNATIONAL AFRICA HEADQUARTERS IN WESTLANDS, NAIROBI COUNTY
ON PLOT L.R. NUMBERS: 209/73/1,6 and 209/74/3,4,6.
LIST OF PLANNING AND PARTICIPATING ENVIRONMENTAL CONSULTANTS
NAME
QUALIFICATIONS
Prof. Jacob K. Kibwage
Lead Expert, Reg. No. 0126
PhD in Environmental Studies
Mr. Dominic Munyao,
Lead Expert, Reg. No. 2203
BSc Environmental Science
Mr. John O. Aywa
Associate Expert, Reg. No. 2414
BSc Environmental Science with IT
Ms. Abida Buoro
Associate Expert, Reg. No. 2967
BSc Biology
Mr. Davis Kilonzo
Associate Expert Reg. No. 2110
B. Sc. Environmental Studies Planning and
Management
Mr. Clifford Mouti Siocha
Associate Expert Reg. No. 8173
B. Sc. Environmental Science
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SUPPORTING STAFF
NAME
QUALIFICATIONS
Ms. Grace Moraa
MA Project Planning and Management
Ms. Rachael Maithya
Bachelor of Environmental Conservation and
Resource Management.
Mr. John Oirere
BSc Water and Environmental Engineering
Mr. Amos Musyoki
Bachelor of Environmental Studies
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LIST OF OTHER PROJECT TECHNICAL AND CONTRIBUTING CONSULTANTS
NAME
QUALIFICATIONS
Mr. Tobias Keyl
Design Architect
Mr. Xia Tao
Mr. Julius Kibwage
Design Engineers - Mechanical & Electrical,
Structural & Civil
Local Architect
Ms. Cecilia Wahinya
Local Architect
Mr. Benjamin Gitoho
Local Architect
Mr. Peter Ndungu
Quantity Surveyor
Mr. I. Muhoro
Mechanical & Electrical Engineer
Mr. NanduHiran
Structural Engineer
Ms. Caroline Ray
Traffic Consultant
Mr. Andrew Mukanyima
Traffic Consultant
Ms. Jane Manasseh
Planner
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ACRONYMS
ARM
B.O.D
CCTV
CBD
CPP
EAC
EIA
EMCA
EMP
EMS
Ft
HWM
IEA
KNBS
Km2
KVA
KWS
LTI
L.R
MEAs
MDG
mm
m.a.s.l
m2
NEAP
NEC
NEMA
NCC
NGOs
NCWSC
NFP
0C
PAPs
PCs
PPG (E)
R.C
SHE
Spp
SWM
TOR
UNEP
UoN
UPS
WRMA
Athi River Mining
Biochemical Oxygen Demand
Closed Circuit Television
Central Business District
Consultation and Public Participation
East African Community
Environmental Impact Assessment
Environmental Management Coordination Act
Environmental Management Plan
Environmental Management Systems
Feet
Household Waste Management
Initial Environmental Audit
Kenya National Bureau of Statistics
SquareKilometres
Kilo Volts Amperes
Kenya Wildlife Services,
Lost Time Injuries
Land Registration
Multilateral Environment Agreements
Millennium Development Goals
millimeters
meters above sea level
Square Meter
National Environment Action Plan
National Environment Council
National Environment Management Authority
Nairobi City Council
Non-Governmental Organizations
Nairobi City Water and Sewerage Company
National Fire Policy
Degrees Celsius
Project Affected Persons
Private Companies
Personal Protective Gear (Equipment)
Reinforced Concrete
Safety Health and Environment
Species
Solid Waste Management
Terms of Reference
United Nations Environmental Programme
University of Nairobi
Uninterruptible Power Supply
Water Resources Management Authority
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TABLE OF CONTENTS
LIST OF PLANNING AND PARTICIPATING ENVIRONMENTAL CONSULTANTS................................. III
SUPPORTING STAFF ............................................................................................................................ IV
LIST OF OTHER PROJECT TECHNICAL AND CONTRIBUTING CONSULTANTS ................................... V
ACRONYMS ........................................................................................................................................... VI
TABLE OF CONTENTS ......................................................................................................................... VII
LIST OF PLATES .................................................................................................................................. XII
LIST OF TABLES .................................................................................................................................. XII
LIST OF FIGURES .................................................................................ERROR! BOOKMARK NOT DEFINED.
EXECUTIVE SUMMARY ...................................................................................................................... XIII
1
INTRODUCTION ............................................................................................................................1
1.1
SCOPE AND CRITERIA OF THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) .......................................... 2
1.1.1
Scope of the Report .................................................................................................................... 2
1.1.2
Terms of Reference (TOR) for the EIA Process ......................................................................... 2
1.1.3
Data Collection Procedures ....................................................................................................... 3
1.1.4
ESIA Organization and Structure.............................................................................................. 3
1.1.5
Reporting and Documentation .................................................................................................. 4
1.1.6
Responsibilities and Undertaking ............................................................................................. 4
1.2 METHODOLOGY OUTLINE ......................................................................................................................... 4
1.2.1
Environmental Screening .......................................................................................................... 4
1.2.2
Environmental Scoping ............................................................................................................. 5
1.2.3
Desktop Study............................................................................................................................. 5
1.2.4
Site Assessment .......................................................................................................................... 5
1.2.5
Reporting.................................................................................................................................... 5
2
DESCRIPTION OF THE PROPOSED PROJECT ...............................................................................6
2.1
INTRODUCTION .................................................................................................................................. 6
2.2
THE PROPOSED PROJECT LOCATION ..................................................................................................... 6
2.3
ACCESS TO THE PROPOSED PROJECT SITE.............................................................................................. 7
2.4
GENERAL SITE ANALYSIS .................................................................................................................... 7
2.5
PHYSICAL SITE DESCRIPTION............................................................................................................... 8
2.6
MAJOR COMPONENTS OF THE PROPOSED PROJECT .............................................................................. 10
2.6.1
Office Tower ............................................................................................................................. 10
2.6.2
Hotel Tower .............................................................................................................................. 11
2.6.3
Residential Apartment Towers ................................................................................................ 12
2.6.4
Commercial podium, Under Tunnel, Bridge and parking structures..................................... 13
2.6.5
Auxiliary Facilities ................................................................................................................... 14
2.7
GENERAL INFRASTRUCTURE AND DESIGNS OF THE PROPOSED PROJECT DEVELOPMENT .......................... 15
2.7.1
Floor plan layout ...................................................................................................................... 15
2.7.2
Façade ...................................................................................................................................... 15
2.7.3
Open space design .................................................................................................................... 17
2.7.4
Natural Ventilation .................................................................................................................. 17
2.7.5
Water Services ......................................................................................................................... 18
2.7.6
Fire fighting Systems ............................................................................................................... 18
2.7.7
Lighting Systems ...................................................................................................................... 19
2.7.8
Electricity Sub-Station and Back-up Power Supply................................................................ 19
2.7.9
Safety and Security Systems .................................................................................................... 19
2.7.10
Traffic Management ........................................................................................................... 19
2.7.11
Parking Structures and Provisions ..................................................................................... 20
2.8
GREEN BUILDING TECHNOLOGIES ...................................................................................................... 20
2.8.1
Installation of Occupation Sensors, LED and utilisation of Natural Lighting ....................... 20
2.8.2
Reduce reliance on air conditioning ....................................................................................... 20
2.8.3
Solar Provision ......................................................................................................................... 20
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2.9
DESCRIPTION OF THE PROJECT’S CONSTRUCTION ACTIVITIES ............................................................... 20
2.9.1
Pre-construction Investigations .............................................................................................. 20
2.9.2
Sourcing and Transportation of Building Materials .............................................................. 21
2.9.3
Storage of Materials ................................................................................................................ 21
2.9.4
Masonry, Concrete Work and Related Activities .................................................................... 21
2.9.5
Structural Steel Works............................................................................................................. 21
2.9.6
Electrical Work ........................................................................................................................ 21
2.9.7
Plumbing .................................................................................................................................. 21
2.9.8
Installation of Equipment ........................................................................................................ 21
2.10
DESCRIPTION OF THE PROJECT’S OPERATIONAL ACTIVITIES ................................................................. 22
2.10.1
Tenancy and Related activities ........................................................................................... 22
2.10.2
Solid Waste and Waste Water Management ..................................................................... 22
2.10.3
Cleaning ............................................................................................................................... 22
2.10.4
General Repairs and Maintenance ..................................................................................... 22
2.11
DESCRIPTION OF THE PROJECT’S DECOMMISSIONING ACTIVITIES .......................................................... 22
2.11.1
Demolition Works ............................................................................................................... 22
2.11.2
Dismantling of Equipment .................................................................................................. 22
2.11.3
Site Restoration ................................................................................................................... 23
2.11.4
Building Materials and Energy Used .................................................................................. 23
2.11.5
Solid Waste Generated ........................................................................................................ 23
2.11.6
Liquid Effluents Generated by the Project ......................................................................... 23
2.12
NEIGHBORING LANDMARKS WITHIN WESTLANDS ............................................................................... 23
2.13
OTHER SIMILAR (COMPLETED AND ONGOING) PROJECTS WITHIN NAIROBI COUNTY .............................. 24
2.14
PROJECT DESIGN AND COST ............................................................................................................... 25
3
BASELINE INFORMATION OF THE STUDY AREA....................................................................... 26
3.1
3.2
3.3
3.4
3.5
3.6
3.6.1
3.6.2
3.6.3
3.6.4
3.6.5
3.7
3.8
3.8.1
3.8.2
3.9
3.10
3.11
3.12
3.13
3.14
3.15
4
INTRODUCTION ................................................................................................................................ 26
ADMINISTRATIVE FRAMEWORK OF WESTLANDS ................................................................................. 26
DRAINAGE ....................................................................................................................................... 26
GENERAL GEOPHYSICAL AND GEOLOGY DESCRIPTION .......................................................................... 26
GENERAL GEOLOGY/SOILS ................................................................................................................ 27
GENERAL CLIMATE ........................................................................................................................... 27
Average Daily Temperatures ................................................................................................... 27
Average Humidity Values ........................................................................................................ 28
Average Rainfall Amounts ....................................................................................................... 29
Average Winds ......................................................................................................................... 29
Average Sunshine ..................................................................................................................... 29
TOPOGRAPHY ................................................................................................................................... 29
HYDROLOGICAL SYSTEMS AND DRAINAGE SYSTEMS............................................................................. 30
The Nairobi River Basin ........................................................................................................... 30
Sources of Water ...................................................................................................................... 30
WASTE WATER MANAGEMENT.......................................................................................................... 31
SOLID WASTE MANAGEMENT ............................................................................................................ 31
NATURAL ENVIRONMENT .................................................................................................................. 31
PROTECTED GREEN SPACES WITHIN NAIROBI ...................................................................................... 32
INFRASTRUCTURE ............................................................................................................................. 34
POPULATION .................................................................................................................................... 34
ECONOMIC ACTIVITIES ...................................................................................................................... 35
RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORK ................................................... 36
4.1
INTRODUCTION ................................................................................................................................ 36
4.2
ENVIRONMENTAL POLICY .................................................................................................................. 36
4.3
RELEVANT KENYA POLICIES .............................................................................................................. 36
4.3.1
Policy Paper on Environmental and Development (Sessional Paper No. 6 of 1999) ............ 36
4.3.2
Physical Planning Policy .......................................................................................................... 36
4.3.3
Public Health Policy ................................................................................................................. 36
4.3.4
The Sessional paper No.4 on Energy ....................................................................................... 37
4.3.5
The Kenya Vision 2030 ............................................................................................................ 37
4.3.6
The Kenya National Climate Change Response Strategy ....................................................... 37
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4.3.7
The National Housing Policy (Sessional Paper No. 3 of 2004) .............................................. 37
4.4
INSTITUTIONAL ARRANGEMENTS ....................................................................................................... 38
4.5
INSTITUTIONAL FRAMEWORK ............................................................................................................ 38
4.5.1
National Environmental Management Authority (NEMA) .................................................... 38
4.5.2
Public Complaints Committee ................................................................................................. 39
4.5.3
National Environment Action Plan Committee ...................................................................... 40
4.5.4
Standards and Enforcement Review Committee .................................................................... 40
4.5.5
National Environmental Tribunal (NET) ............................................................................... 41
4.5.6
National Environmental Council (NEC) .................................................................................. 41
4.5.7
National Environmental Action Plan (NEAP)......................................................................... 41
4.6
LEGAL FRAMEWORK ......................................................................................................................... 41
4.6.1
The Environmental Management and Coordination Act, 1999 ............................................. 41
4.6.1.1
The Environmental Impact (Assessment and Auditing) Regulations, 2003 ..................... 42
4.6.1.2
Environmental Management and Coordination (Environmental Impact Assessment and
Audit) Regulations, 2003 ....................................................................................................................... 42
4.6.1.3
Environmental Management and Coordination (Water Quality Regulations of 2006) .. 43
4.6.1.4
Environmental Management and Coordination (Waste Management Regulations of
2006)
43
4.6.1.5
Environmental Management and Coordination (Noise and Excessive Vibration Pollution
Control) Regulations, 2009 .................................................................................................................... 44
4.6.1.6
Environmental Management and Coordination (Air Quality Regulations, 2008) ........... 44
4.6.2
The Traffic Act, 2012 ............................................................................................................... 44
4.6.3
Public Health Act (Cap. 242) ................................................................................................... 45
4.6.4
Urban and Cities Act No 13 of 2011 ........................................................................................ 45
4.6.5
The Land Act, 2012 .................................................................................................................. 45
4.6.6
The Land Registration Act, 2012 ............................................................................................. 46
4.6.7
The Environment and Land Court Act, 2011 .......................................................................... 47
4.6.8
The National Land Commission Act, 2012 (No. 5 of 2012) .................................................... 47
4.6.9
Water Act, 2002 ....................................................................................................................... 48
4.6.10
The Energy Act of 2006 ....................................................................................................... 48
4.6.11
Building Code 2000 ............................................................................................................. 49
4.6.12
Occupational Safety and Health Act (OSHA 2007) ............................................................ 49
4.6.13
The Standards Act Cap. 496 ................................................................................................ 50
4.6.14
Physical Planning Act (Cap 286) ........................................................................................ 50
4.6.15
Employment Act No 11 of 2007 .......................................................................................... 51
4.6.16
Penal Code Cap 63 ............................................................................................................... 51
4.6.17
The Tourism Act, No. 28 of 2011 ........................................................................................ 51
4.6.18
County Governments Act, 2012........................................................................................... 51
4.7
RELEVANT MULTILATERAL INTERNATIONAL TREATIES ....................................................................... 52
4.7.1
The Rio Declaration and Agenda 21 ........................................................................................ 52
4.7.2
The World Commission on Environment and Development (The Brundtland Commission of
1987) 52
4.7.3
United Nations Framework Convention on Climate Change (UNFCC) .................................. 52
4.8
WORLD BANK ENVIRONMENTAL AND SOCIAL PERFORMANCE STANDARDS............................................ 53
4.8.1
World Bank Performance Standards, ..................................................................................... 53
5
CONSULTATIVE PUBLIC PARTICIPATION ................................................................................. 58
5.1
5.2
5.3
5.4
5.5
5.6
5.7
6
INTRODUCTION ................................................................................................................................ 58
OBJECTIVES OF THE CONSULTATION AND PUBLIC PARTICIPATION .......................................................... 58
STAKEHOLDERS’ CONSULTATION ........................................................................................................ 58
LIST OF IDENTIFIED KEY STAKEHOLDERS CONSULTED .......................................................................... 60
METHODOLOGY USED IN THE CPP...................................................................................................... 61
BACKGROUND OF CPP ...................................................................................................................... 61
ISSUES IDENTIFIED DURING THE SITE VISIT AND THE PUBLIC MEETING ................................................... 64
POTENTIAL ENVIRONMENTAL IMPACTS .................................................................................. 71
6.1 INTRODUCTION ..................................................................................................................................... 71
6.2
SITING AND CONSTRUCTION PHASE.................................................................................................... 71
6.2.1
Positive Impacts ....................................................................................................................... 71
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6.2.2
Negative Impacts ..................................................................................................................... 72
6.3
OPERATIONAL PHASE ........................................................................................................................ 76
6.3.1
6.3.2
6.4
DECOMMISSIONING PHASE ................................................................................................................ 79
6.4.1
6.4.2
7
MITIGATION MEASURES AND MONITORING PROGRAMMES .................................................. 80
7.1
INTRODUCTION ................................................................................................................................ 80
7.2
PROPOSED MITIGATION MEASURES OF THE CONSTRUCTION RELATED IMPACTS .................................... 80
7.2.1
Minimize the effect of Air quality ............................................................................................ 80
7.2.2
Minimize the effects of noise emitted and vibration from the site ......................................... 81
7.2.3
Minimise the effects of exhaust emission ................................................................................ 81
7.2.4
Hydrology and water quality degradation ............................................................................. 82
7.2.5
Worker accidents and hazards when handling hazardous wastes ....................................... 82
7.2.6
Populations of disease vectors ................................................................................................. 82
7.2.7
Increased runoff ....................................................................................................................... 82
7.2.8
Possible exposure of workers to diseases ................................................................................ 83
7.2.9
Worker accidents during construction and operation phases ............................................... 83
7.2.10
Reduction of impacts at extraction sites and efficient use of raw materials .................... 83
7.2.11
Minimization of vegetation disturbance ............................................................................ 83
7.2.12
Minimization of Traffic congestion and possible accidents .............................................. 84
7.2.13
Minimization of run-off and soil erosion ............................................................................ 85
7.2.14
HIV/AIDS ............................................................................................................................. 85
7.2.15
Minimization of construction waste ................................................................................... 85
7.2.16
Reduction of energy consumption ...................................................................................... 86
7.2.17
Minimization of water use .................................................................................................. 86
7.2.18
Controlling oil spills during construction phase ................................................................ 86
7.2.19
Public Health safety and Awareness .................................................................................. 86
7.2.20
Displacement of the current businesses on the proposed project site............................... 87
7.3
PROPOSED MITIGATION MEASURES OF THE OPERATION PHASE IMPACTS .............................................. 87
7.3.1
Ensuring efficient solid waste management ........................................................................... 87
7.3.2
Wastewater management ....................................................................................................... 87
7.3.3
Ensure efficient energy consumption ...................................................................................... 87
7.3.4
Ensure general safety within the premises ............................................................................. 88
7.3.5
Ensure efficient water use ....................................................................................................... 88
7.3.6
Increased pressure on the existing infrastructure.................................................................. 88
7.4
PROPOSED MITIGATION MEASURES OF THE DECOMMISSIONING PHASE IMPACTS ................................... 88
7.4.1
Efficient solid waste management .......................................................................................... 88
7.4.2
Reduction of Dust Concentration ............................................................................................ 88
7.4.3
Minimization of Noise and Vibration ...................................................................................... 88
8
ANALYSIS OF PROJECT ALTERNATIVES .................................................................................... 89
8.1
8.2
8.3
8.4
8.5
8.6
8.6.1
8.6.2
8.6.3
8.6.4
8.6.5
8.6.6
8.7
8.8
8.8.1
INTRODUCTION ................................................................................................................................ 89
RELOCATION OPTION........................................................................................................................ 89
NO PROJECT ALTERNATIVE ............................................................................................................... 89
THE PROPOSED DEVELOPMENT ALTERNATIVE ..................................................................................... 90
ANALYSIS OF ALTERNATIVE CONSTRUCTION MATERIALS AND TECHNOLOGY ......................................... 90
WASTE WATER MANAGEMENT ALTERNATIVES .................................................................................... 90
Alternative One - Use of stabilization ponds/lagoons ............................................................ 90
Alternative Two - Use of Constructed/Artificial wetland....................................................... 90
Alternative Four - Use of septic tanks ..................................................................................... 90
Alternative Five - Waste water treatment plant .................................................................... 91
Alternative six - Connection to the sewer line system ............................................................ 91
Alternative seven: Use of Bio-digester..................................................................................... 91
SOLID WASTE MANAGEMENT ALTERNATIVES ....................................................................................... 91
ESIA WITH/WITHOUT EMP ............................................................................................................ 91
Without EMP ............................................................................................................................ 91
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8.8.2
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With EMP.................................................................................................................................. 92
ENVIRONMENTAL MANAGEMENT/MONITORING PLAN .......................................................... 93
9.1
9.2
9.3
9.4
10.
INTRODUCTION ................................................................................................................................ 93
CONSTRUCTION PHASE ENVIRONMENTAL MANAGEMENT PLAN ........................................................... 93
OPERATIONAL PHASE EMP ............................................................................................................. 107
DECOMMISSIONING PHASE .............................................................................................................. 112
CONCLUSION AND RECOMMENDATION .............................................................................. 115
REFERENCES ...................................................................................................................................... 116
ANNEXES ............................................................................................................................................ 117
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List of Plates
Plate 1: Birds view Architectural impression of the proposed development..................... 1
Plate 2: Architectural Prospective of the proposed development .......................................... 6
Plate 3: Google Earth Map showing the dimensions and location of the proposed
project Site ............................................................................................................................................ 7
Plate 4: Old Structure of the Salisbury Hotel on the Proposed Development Site............ 8
Plate 5: The Luxurious Villa Rosa Kempinski Hotel that borders the Eastern plots to
the right .................................................................................................................................................. 9
Plate 6: On-going Construction of the Mirrage Towers bordering the Western plots to
the South West .................................................................................................................................... 9
Plate 7: Old Historical structures of the Salisbury Hotel on the Western Plots .............. 10
Plate 8: A prospective of the Proposed Office Tower ................................................................ 11
Plate 9: Vehicle Traffic and Security Gates .................................................................................... 11
Plate 10: A prospective of the Proposed Hotel Tower .............................................................. 12
Plate 11: The 4 Apartment Towers on the Western plots ....................................................... 13
Plate 12: A prospective of the Bridge across Chiromo lane .................................................... 14
Plate13: Fire lane and Security check within the facility ......................................................... 14
Plate 14: General Façade of the proposed project ...................................................................... 17
Plate 15: An architectural prospective of the facade ................................................................. 18
Plate 16: Architectural impressions of proposed and on-going construction of
Landmarks in Nairobi and its outskirts ................................................................................. 25
Plate 17: Presentation by the ESIA lead expert and the Client during the public
meeting ................................................................................................................................................ 62
Plate 18: Various stakeholders keenly following the proceedings during the public
meeting ................................................................................................................................................ 63
Plate 19: Stakeholders airing their views and concerns during the public meeting .... 64
List of Tables
Table 1: Average Daily Temperature in Nairobi City ................................................................ 28
Table 2: Mean Relative Humidity Values (%) ............................................................................... 28
Table 3: Annual mean rainfall (mm) based on the records for 50 years ........................... 29
Table 4: Characteristics and biodiversity of key protected areas in Nairobi (Source:
KWS 2006, JICA 2005) ................................................................................................................... 32
Table 5: List of members of the public consulted ...................................................................... 59
Table 6: Construction Phase Environmental Management Plan (EMP) for the
Proposed AVIC International Africa Headquarters Project ........................................... 94
Table 7: Operation Phase Environmental Management Plan (EMP) for the Proposed
AVIC International Africa Headquarters Project ..............................................................108
Table 8: Decommissioning Phase Environmental Management Plan (EMP) for the
Proposed AVIC International Africa Headquarters Project .........................................113
List of Figures
Fig 1: The Nairobi River Basin ............................................................................................................ 30
Fig. 2 Nairobi’s Historical and Projected Population, 1950-2025 (Source: KNBS 2008)
................................................................................................................................................................ 35
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EXECUTIVE SUMMARY
The Proponent, AVIC-International Real Estate (Kenya) Limited has proposed to
embark on an iconic project development to build its headquarters in Westlands area
as a flagship for the future developments within Nairobi City County. The project shall
be an upscale project that will fully showcase the urban vitality and modern
atmosphere of Nairobi while making full use of the geographic advantage, the public
interest and the profound local culture. The project, shall be composed of a 43 levels
(175.8m) Office Tower; a 35 levels (140.75m) Hotel Tower; 4 Apartment Towers
(A,B,C and D) of 24-levels (83.2m), 28 levels (93.2m), 24 levels (81.2m) and 25 levels
(86.2m) respectively; a 4-levels (20.5m) Commercial Podium on the Western side of
Chiromo Lane connected to a 5 levels (23.4m) Podium on the Eastern side of the lane
with a 2 levels bridge; and other auxiliary facilities including approximately 1479
parking units, a fire lane, roof gardens and security check.
The project is located in Westlands Constituency, approximately 2 km North West of
Nairobi CBD, in between Westlands Road and Chiromo Road (Main Nairobi-Nakuru
highway), along the Eastern and Western sides of Chiromo Lane occupying an area of
approximately 7.5 acres (30,736 m2) piece of land, on 5 parcels of land (L.R. Nos:
209/73/1,6 and 209/74/3,4,6) to be amalgamated to one block. The plots L.R. Nos:
209/74/3,4,6 are located to the West of Chiromo Lane bordering Westlands Road to
the North; Mirage Towers and Athi River Mining (ARM) (Rhino Cement)
Headquarters offices to the SouthWest. On the other hand, plots L.R. Nos.
209/73/1,6are located to the East side of Chiromo Lane, bordering Westland’s Road
to the North East, Chiromo Villa apartments and Villa RossaKempinski to the East and
Chiromo Road (Main Nairobi-Nakuru highway) to the South West as shown in the
survey plan in the attached as annex 5. The two plots (East and West) of the project
are separated by Chiromo Lane which will be widened to an 18m road in the future.
Further South West ofChiromo Road (Main Nairobi-Nakuru highway) is the Nairobi
River and the University of Nairobi- Chiromo Campus. Currently, the plots have
approximately 18 old structures/houses. The structures to East of Chiromo Lane are
in use, hosting the Shamuras Restaurant, three garages and the caretaker’s office
while the structures on the Western plots are not in use but are secured by an AVIClogo-branded iron sheet fence with two gates along Chiromo lane and one gate along
Westlands Road. Both the East and West plots also have some vegetation on them,
mainly consisting ofgravelliaspp, Jacaranda spp, acacia, eucalyptus, bushes and grass
spread in between the old structures. Part of these structures shall be
decommissioned and vegetation cleared to pave way for the development.
The Kenyan Government policy on such projects and/or activities requires that an
Environmental and Social Impact Assessment be carried out at the planning stages of
the proposed undertaking to ensure that significant impacts on the environment are
taken into consideration during the design, construction, operation and
decommissioning of such projects, programmes and/or activities. Therefore, in
compliance with the law and to avoid unnecessary conflicts that may retard
development in the country, the proponent undertook this Environmental and Social
Impact Assessment and incorporated environmental and social concerns as required.
Environmental Impact Assessment is a tool for environmental Planning and has been
identified as a key component in new projects. According to section 58 of the
Environmental Management and Coordination Act (EMCA) No.8 of 1999-second
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schedule 9 (1), and Environmental (Impact Assessment and Audit) regulation, 2003,
new projects of such magnitude must undergo Environmental Impact Assessment.
The Report of the same must be submitted to National Environment Authority
(NEMA) for approval and issuance of relevant certificates. This was necessary as
many forms of developmental activities cause damage to the environment and hence
the greatest challenge today is to maintain sustainable development without
interfering with the environment.
Scope Objective and Criteria of the Environmental and Social Impact
Assessment (EIA)
Africa Waste and Environment Management Centre, a NEMA registered and licensed
Firm of Experts in Environmental and Social Impact Assessment was contracted as
the Environmental Consultant firm to conduct the Environmental and Social Impact
Assessment for the proposed AVIC International Africa Headquarters development in
Westlands, Nairobi City County. The scope of work entailed the independent
verification of all environmental and social aspects of the project components and
identifying the gaps with applicable Performance Standards of all construction works
of the proposed development around the project site, associated facilities and
temporary activities, from ground preparation, masonry, and installation of service
lines as well as the utilities required. The output of this work was a comprehensive
Environmental and Social Impact Assessment report for the purposes of applying for
an EIA licence and ensuring sustainable development.
The consultant on behalf of the proponent conducted the study by incorporating but
not limited to the following terms of reference:












The location of the proposed development project
A concise description of the national environmental legislative and regulatory
framework, baseline information, and any other relevant information related
to the project.
The objectives of the proposed project.
The technology, procedures and processes to be used, in the implementation
of the project.
The materials to be used in the construction and implementation of the
project.
The products, by-products and waste to be generated by the project.
A description of the potentially affected environment.
The environmental effects of the project including the social and cultural
effects and the direct, indirect, cumulative, irreversible, short-term and longterm effects anticipated.
To recommend a specific environmentally sound and affordable wastewater
management system.
Provide alternative technologies and processes available and reasons for
preferring the chosen technology and processes.
Analysis of alternatives including project site, design and technologies.
An environmental management and monitoring plan proposing the measures
for eliminating, minimizing or mitigating adverse impacts on the environment,
including the cost, timeframe and responsibility to implement the measures.
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ESIA Study Report
Provide an action plan for the prevention and management of the foreseeable
accidents and hazardous activities in the cause of carrying out development
activities.
Propose measures to prevent health hazards and to ensure security in the
working environment for the employees, residents and for the management in
case of emergencies.
An identification of gaps in knowledge and uncertainties, which were
encountered in compiling the information.
An economic and social analysis of the project.
Such other matters as the Authority may require.
Anticipated Environmental and Social Impacts
Both positive and negative impacts are anticipated to be associated with the proposed
project development during the ground preparation, construction phase, operation
phase and decommissioning phase. In general, the following positive and negative
impacts are associated with the proposed project.
Positive Impacts


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


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Creation of employment opportunities,
Increased business opportunities,
Development of Westlands area by making more economic use of land,
Provision of much needed retail, apartment, office and accommodation
space,
Revenue to National and County governments amongst others,
Improving growth of the Country’s economy,
Creation of market for supply of building materials.
Improvement of areas general security
Negative Impacts

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Destruction and interference of existing vegetation cover,
Soil erosion and degeneration during construction period,
Increased runoff from new impervious areas,
Solid Waste generation,
Noise and vibration caused by heavy trucks, and construction machinery,
Dust generation and exhaust emissions,
Oil Spills,
Increased water demand,
Increased Energy Consumption,
Demand for building materials extracted from natural resource base,
Workers accidents and hazards during construction.
Traffic congestion and accidents
Work place accidents
Loss of income for businesses currently on the plot
Compromised privacy to the neighbours
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Mitigation Measures
In order to alleviate/suppress/minimize the identified negative impacts associated
with the project, the proponents shall undertake several measures, among these are;
1. Dust suppression techniques during project implementation by adopting the
following measures:

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
Watering all active construction areas when necessary.
Cover all trucks hauling soil, sand and other loose materials or require all
trucks to maintain at least two feet of freeboard.
Pave, apply water when necessary, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites.
Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites.
Re-vegetating of exposed and dust prone surfaces
2. Noise-suppression techniques will be employed to minimize the impact of
temporary construction noise at the project site by:
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Installing portable barriers to shield compressors and other small
stationary equipment where necessary.
Use quiet equipment (i.e. equipment designed with noise control
elements).
Co-ordinate with relevant agencies regarding construction activities near
the residential and commercial areas.
Install sound barriers for pile driving activity.
Limit pickup trucks and other small equipment to an idling time when
necessary, observe a common-sense approach to vehicle use, and
encourage workers to shut off vehicle engines whenever possible.
Ensure regular servicing of machines to avoid noise that may result due to
un-serviced parts.
3. Control of exhaust emissions, using the following measures during
construction:
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
Vehicle idling time shall be minimized
Alternatively fuelled construction equipment shall be used where
plausible.
Equipment shall be properly tuned and maintained.
Several measures shall be put in place to mitigate the impacts that are likely to lead to
hydrology and water quality degradation. The proponent will prepare a hazardous
substance control and emergency response plan that will include preparations for
quick and safe clean-up of accidental oil spills. The action plan will prescribe
hazardous-materials handling procedures to reduce the potential for oil spill during
construction, and will include an emergency response programme to ensure quick
and safe clean-up of accidental spills. The plan will identify areas where re-fuelling
and vehicle maintenance activities and storage of hazardous materials, if any, will be
permitted.
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Adequate collection and storage of solid waste on site and safe transportation to the
disposal sites and disposal methods at designated area shall be provided. In addition,
the proponent shall also provide covers for refuse containers and appropriate
Personal Protective Equipment (PPE).
Conclusion
It is quite evident that the proposed development by AVIC International Real Estate
(Kenya) Limited will pioneer development and bring along with it positive effects in
the project area. The positive impacts including creation of employment; improving
growth of the economy; boosting of the formal and informal sector; optimal use of
land; incorporation of collective waste management and increase in revenue among
others will in turn benefit Kenya as a Nation. However, negative impacts will also be
experienced hence the need to mitigate them in order to reduce their adverse effects
to the environment.
Considering these positive socio-economic and environmental benefits which will
accrue as a result of the development, and the ESIA study having found no major
impacts to arise from the development, it is our recommendation that the project be
allowed to proceed on the understanding that the proponent will adhere to the
mitigation measures recommended herein and will further still implement the
proposed Environmental Management and monitoring Plan (EMP) to the letter.
Kenya as a country has a big shortage of such developments hence the construction of
the proposed project goes a long way in solving part of the huge problem of
availability of office, hotel,apartments and commercial establishments.
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INTRODUCTION
The Proponent, AVIC-International Real Estate (Kenya) Limited has proposed to
embark on an iconic project development to build its headquarters in Westlands area,
approximately 2km North West of Nairobi CBD, in between Westlands Road and
Chiromo Road (Main Nairobi-Nakuru highway), along the Eastern and Western sides
of Chiromo Lane. The project shall be an upscale project that will fully showcase the
urban vitality and modern atmosphere of Nairobi while making full use of the
geographic advantage, the public interest and the profound local culture. The project,
shall be composed of a 43 levels (175.8m) Office Tower; a 35 levels (140.75m) Hotel
Tower; 4 Apartment Towers (A,B,C and D) of 24-levels (83.2m), 28 levels (93.2m), 24
levels (81.2m) and 25 levels (86.2m) respectively; a 4-levels Commercial Podium on
the Western side of Chiromo Lane connected to a 5 levels Podium on the Eastern side
of the lane with a 2 levels bridge and an underground tunnel; and other auxiliary
facilities including approximately 1479 parking units, a fire lane, roof gardens and
security check.
Plate 1: Birds view Architectural impression of the proposed
development
A total area of approximately 7.5 acres (30,736 m2) of 5 parcels of land (L.R. Nos:
209/73/1,6 and 209/74/3,4,6) to be amalgamated to one block has been acquired for
the development. The plots L.R. Nos: 209/74/3,4,6 are located to the West of Chiromo
Lane while the plots L.R. Nos. 209/73/1,6 are located to the East side of Chiromo
Lane. Further South West of the proposed project site is the Nairobi River flowing
towards the city center; and the University of Nairobi- Chiromo Campus. Both the
East and West plots also have some vegetation on them of gravelliaspp, Jacaranda
spp, acacia spp, eucalyptus spp, bushes and grass spread in between the old
structures. Part of these structures shall be decommissioned and vegetation cleared
to pave way for the development.
The Kenyan Government policy on such projects and/or activities requires that an
Environmental and Social Impact Assessment be carried out at the planning stages of
the proposed undertaking to ensure that significant impacts on the environment are
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taken into consideration during the design, construction, operation and
decommissioning of such projects, programmes and/or activities. Therefore, in
compliance with the law and to avoid unnecessary conflicts that may retard
development in the country, the proponent undertook this Environmental and Social
Impact Assessment and incorporated environmental concerns as required.
Environmental and Social Impact Assessment (ESIA) is a tool for environmental
Planning and has been identified as a key component in new projects. According to
section 58 of the Environmental Management and Coordination Act (EMCA) No.8 of
1999-second schedule 9 (1), and Environmental (Impact Assessment and Audit)
regulation, 2003, new projects of such magnitude must undergo Environmental and
Social Impact Assessment. The Report of the same must be submitted to National
Environment Authority (NEMA) for approval and issuance of relevant certificates.
This was necessary as many forms of developmental activities cause damage to the
environment and hence the greatest challenge today is to maintain sustainable
development without interfering with the environment.
This project will be one of the key projects for future developments of Nairobi. This
location as well as the functional context is well chosen to support the office, hotel
and apartments needs as well as AVIC International Africa Headquarters.
1.1 Scope and Criteria of the Environmental Impact Assessment (EIA)
1.1.1 Scope of the Report
The Kenya Government policy on all new development projects, programs or
activities of such magnitude requires that an environmental and Social impact
assessment be carried out at the implementation stage of the proposed undertaking
to ensure that significant impacts on the environment are taken into consideration
during the construction, operation and decommissioning of the facility. The scope of
this Environmental and Social Impact Assessment therefore covers:
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The baseline environmental conditions of the project area
Description of the proposed project,
Provisions of the relevant environmental laws
Identification and discussion of any adverse negative impacts to the
environment anticipated from the proposed project,
Appropriate mitigation measures,
Provision of an environmental management plan.
1.1.2 Terms of Reference (TOR) for the EIA Process
Africa Waste and Environment Management Centre, a registered Firm of Experts was
appointed by the proponent (AVIC International Real Estate (Kenya) Ltd.) as the
Environmental consultant to conduct the Environmental and Social Impact
Assessment of the proposed AVIC International Africa Headquarters. The scope of the
assessment covered the project site, neighbours and interested stakeholders. The
output of this work is a comprehensive Environmental and Social Impact Assessment
study report for the purposes of applying for an EIA licence aimed at sustainable
development.
The main objective of the assignment was to assist the proponent to prepare a study
report after carrying out an Environmental and Social Impact Assessment (ESIA) of
the proposed project, to ensure that the proposed development takes into
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consideration appropriate measures to mitigate any adverse impacts to the
environment. The study identified potential environmental and social impacts; and
possible concerns that interested and/or affected parties have with the development,
as well as the associated prevention and mitigation measures for the negative impacts
as stipulated in the Environmental Management and Monitoring Plan (EMP).
The consultant on behalf of the proponent conducted the study by incorporating but
not limited to the following terms of reference:

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
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The location of the proposed development project
A concise description of the national environmental legislative and regulatory
framework, baseline information, and any other relevant information related
to the project.
The objectives of the proposed project.
The technology, procedures and processes to be used in the implementation of
the project.
The materials to be used in the construction and implementation of the
project.
The products, by-products and waste to be generated by the project.
A description of the potentially affected environment.
The environmental effects of the project including the social and cultural
effects and the direct, indirect, cumulative, irreversible, short-term and longterm effects anticipated.
To recommend a specific environmentally sound and affordable wastewater
management system.
Provide alternative technologies and processes available and reasons for
preferring the chosen technology and processes.
Analysis of alternatives including project site, design and technologies.
An Environmental Management/Monitoring Plan proposing the measures for
eliminating, minimizing/mitigating adverse impacts on the environment,
including the cost, timeframe and responsibility to implement the measures.
Provide an action plan for the prevention and management of the foreseeable
accidents and hazardous activities in the cause of carrying out development
activities.
Propose measures to prevent health hazards and to ensure security in the
working environment for the employees, residents and for the management in
case of emergencies.
An identification of gaps in knowledge and uncertainties, which were
encountered in compiling the information.
An economic and social analysis of the project.
Such other matters as the Authority may require.
1.1.3 Data Collection Procedures
The data collection was carried out through questionnaires/standard interview
schedules, use of checklists, observations and photography, site visits and desktop
environmental studies.
1.1.4 ESIA Organization and Structure
The ESIA study report was carried out to full completion within a period of 14 days
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day functions and any related institutional support matters. Otherwise, all formal
communications were directed to NEMA through the proponent.
1.1.5 Reporting and Documentation
The Environmental and Social Impact Assessment Report from the findings was
compiled in accordance with the guidelines issued by NEMA for such works and was
prepared and submitted by the proponent for review. The Consultant ensured
constant briefing of the client during the exercise. Description project plans and
architectural drawings showing various proposed developments are attached as
Annex 4 provided in this study report, among other relevant materials related to the
proposed project as provided by the client.
1.1.6 Responsibilities and Undertaking
The Environmental Consultant undertook to meet all logistical costs relating to the
assignment, including those of production of the report and any other relevant
material. The consultant arranged for own transport and travels during the exercise.
On the site of the proposed development project, the proponent provided a contact
person(s) to provide information required by the Consultant. The proponent also
provided site plan(s) showing roads, service lines, buildings layout and the actual
sizes of the sites, details of raw materials, proposed process outline and anticipated
by-products, future development plans, operation permits and conditions, landownership documents, site history and estimated investment costs of the project,
attached as annexes to this report.The output from the consultants includes the
following:
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An Environmental and Social Impact Assessment study report comprising of
an executive summary, assessment approach, baseline conditions, anticipated
impacts and proposed mitigation measures,
An Environmental and Social Management Plan outline, which also forms part
of the report recommendations.
1.2 Methodology Outline
The general steps followed during the assessment were as follows:
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Environment screening, in which the project was identified as among those
requiring environmental and social impact assessment under schedule 2 of
EMCA, 1999,
Environmental scooping that provided the key environmental and social
issues,
Desk Stop studies and interviews,
Physical inspection of the site and surrounding areas,
Reporting.
1.2.1
Environmental Screening
This step was applied to determine whether an environmental and social impact
assessment was required and what level of assessment was necessary. This was done
in reference to requirements of the EMCA, 1999, and specifically the second schedule.
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Issues considered included the physical location, sensitive receptors in close
proximity to the site and the nature of anticipated impacts.
1.2.2
Environmental Scoping
The Scoping process helped narrow down onto the most critical issues requiring
attention during the assessment. Environmental issues were categorized into
physical, natural/ecological and social, economic and cultural aspects.
1.2.3
Desktop Study
This included documentary review on the nature of the proposed activities, project
documents, designs policy and legislative framework as well as the environmental
setting of the area among others. It also included discussions with managers and
design engineers as well as interviews with neighbors.
1.2.4
Site Assessment
Field visits were meant for physical inspections of the site characteristics and the
environmental status of the surrounding areas to determine the anticipated impacts.
It also included further interviews with neighbors, surrounding enterprises and key
stakeholders.
1.2.5
Reporting
In addition to constant briefing of the client, this environmental and social impact
assessment study report was prepared. The contents were presented for submission
to NEMA as required by law.
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DESCRIPTION OF THE PROPOSED PROJECT
2.1 Introduction
AVIC-International Real Estate (Kenya) Limited has proposed to embark on an iconic
project development to build its headquarters in Westlands area, approximately 2km
North West of Nairobi CBD, in between Westlands Road and Chiromo Road (Main
Nairobi-Nakuru highway), along the Eastern and Western sides of Chiromo Lane. The
project shall be an upscale project that will fully showcase the urban vitality and
modern atmosphere of Nairobi while making full use of the geographic advantage, the
public interest and the profound local culture. The project, shall be composed of a 43
levels (175.8m) Office Tower; a 35 levels (140.75m) Hotel Tower; 4 Apartment
Towers (A,B,C and D) of 24-levels (83.2m), 28 levels (93.2m), 24 levels (81.2m) and
25 levels (86.2m) respectively; a 4-levels Commercial Podium on the Western side of
Chiromo Lane connected to a 5 levels Podium on the Eastern side of the lane with a 2
levels bridge and a tunnel below Chiromo lane; and other auxiliary facilities including
approximately 1479 parking units, a fire lane, roof gardens and security check. The
technical index attached as annex 6 provides the summary of the area coverage and
usage of the various components of the proposed project. An architectural view of the
proposed development is as shown in the plate 2 below.
Chiromo
Lane
Chiromo Road
Plate 2: Architectural Prospective of the proposed development
2.2 The Proposed Project Location
The project is located in Westlands Constituency, approximately 2km North West of
Nairobi CBD; in between Westlands Road and Chiromo Road (Main Nairobi-Nakuru
highway), along the Eastern and Western sides of Chiromo Lane occupying an area of
approximately 7.5 acres (30,736 m2), on 5 parcels of land (L.R. Nos: 209/73/1,6 and
209/74/3,4,6) to be amalgamated to one block. The plots L.R. Nos: 209/74/3,4,6
are located to the West of Chiromo Lane bordering Westlands Road to the North;
Mirage Towers and Athi River Mining (Rhino Cement) Headquarters offices to the
Southwest. On the other hand, plots L.R. Nos. 209/73/1,6are located to the East side
of Chiromo Lane, bordering Westland’s Road to the North East, Chiromo Villa
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apartments and Villa RossaKempinski to the East and Chiromo Road (Main NairobiNakuru highway) to the South west as shown in the survey plan attached as annex 5.
Further Southwest of Chiromo Road is the Nairobi River and the University of
Nairobi- Chiromo Campus. The two plots (East and West) of the project are separated
by Chiromo Lane which will be widened in the future.
The 5 parcels of land are on the process of amalgamation, and an application for the
same has been made.
The project site’s coordinates are: -1.270210, 36809033, at an average altitude of
1724 m.a.s.l.
Chiromo Ln
Chiromo
Road (Main
highway)
Westlands Rd
Plate 3: Google Earth Map showing the dimensions and location of the
proposed project Site
2.3 Access to the Proposed Project site
The proposed project site is located approximately 2kms from Nairobi CBD. From the
CBD (via Chiromo Road (Main Nairobi-Nakuru highway), it is accessed on the first
turn to the right after Museum hill, then drive a distance of approximately 500m to
meet a left turn to Chiromo Lane (just before Villa Rosa Kempenski) . From
Westlands, the site is accessed from both Chiromo Road and Westlands Road.
2.4 General Site Analysis
From the initial analysis of the site by the project implementation team, the site was
found to be good and of pleasant weather. Wind direction was found to move North
East to West. The site has old buildings of Salisbury Hotel, most of which are no
longer in use. The site is well inter-connected to roads infrastructure in the area,
including: Westlands Road, Chiromo Road (Main Nairobi-Nakuru highway)and
Chiromo Lane. Further North East is the Muthithi road, while Forest road is far South
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East of the proposed project. The general terrain slopes gently to the South-South
West.
Westlands area, including the proposed project site is well connected to the national
electric grid (KPLC) and Nairobi City Water and Sewerage Systems. Hydro-geological
studies show potential ground water that can be utilized during the project
implementation. Approximately three (3) boreholes have been suggested to be drilled
to boost water supply to the proposed project, however their actual location have not
yet been established.
It was also found that the proposed project is in tandem with its neighbors, which are
mostly commercial and residential developments. The area has been zoned as
commercial/Offices/Residential (High Rise Flats)by the City Council of Nairobi –City
planning department. The proponent has applied change of user approval from the
NCC – City Planning Department due to the height of the buildings. A copy of the
application for change of user is attached as annex 8in this report.
Plate 4: Old Structure of the Salisbury Hotel on the Proposed
Development Site
2.5 Physical Site Description
The proposed project site has a total area of 7.5 acres, composed of 5 parcels/plots of
lands. The plots East of Chiromo Lane (Plots L.R. Nos: 209/73/1,6) of the proposed
development have old structures that houses Shamuras Restaurant on the center
while three automotive garages border Westlands Road to the North. The plots
border the luxurious Villa Rosa Kempinski Hotel, Prime steel Offices and Chiromo
Villas to the East and Chiromo Lane to the West.
The three garages have approximated 28 workers who solely depend upon the
services they render to automobile for income. The workers views on the impact of
the project to their livelihood and suggestions to the proponent (developer) are
document in Chapter 5 (Consultation and Public Participation) of this report.
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Plate 5: The Luxurious Villa Rosa Kempinski Hotel that borders the
Eastern plots to the right
The plots West of Chiromo Lane (Plots L.R. Nos: 209/74/3,4,6) have old historical
dilapidated structures that belonged to Salisbury Hotel. These three plots are secured
by iron sheets fence with two steel gates along Chromo Lane and one gate facing
Weslands road. Part of these structures has been proposed to be retainedand
renovated in order to maintain the history of the Salisbury hotel.
This part of the site is covered with grass and approximately 35 mature trees of
Jacaranda spp, cypress spp, Eucalyptus spp, Gravelliaspp, Pinuspitulaspp and other
indigenous trees. Bordering this plot are the following developments: the Imperial
Court Tower and Valle Apartments to the North West; ongoing construction project of
the Mirage Towers, Athi River Mining (Rhino Cement) Head Quarters building and
MASH Auto garage and Car Yard are to the South West.
Plate 6: On-going Construction of the Mirrage Towers bordering the
Western plots to the South West
Bordering the proposed project site to the Northern side of Westlands Road is the
Misha Office Tower, Leomar Court shops and offices, Westlands Business park, the
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Orbit Place Office Tower, Mitsumi Computer garage offices, Mount Kenya Court
residential houses and an ongoingresidential apartments project.
Plate 7: Old Historical structures of the Salisbury Hotel on the Western
Plots
On the Southern part of Chiromo Road (Main Nairobi-Nakuru highway) are the
Nairobi River and the University of Nairobi (UoN) - Chiromo Campus and Chiromo
Mortuary.
The most immediate large scale developments to the site are Villa Rosa Kempinski
and the Mirage Towers Development. The implementation of this project will boost
the business around the area.
2.6 Major Components of the Proposed Project
The design of the whole project is aimed at creating a very contemporary unit of
buildings symbolizing the open and friendly approach. At the same time the design
is distinctive and representative aimed at being one of the landmark projects for
the development of Nairobi as an important and modern city as well as Africa
headquarters for AVIC International Real Estate (Kenya) Limited. The main
components of the proposed development include:
2.6.1
Office Tower
The office tower will be the tallest iconic building, 175.8 m high with 43 levels located
at the most prominentlocation off North of Chiromo Road (Main Nairobi-Nakuru
highway) and East of Chiromo Lane, designed as cross shaped towers. The area usage
of the office facilities together with its occupancy is provided in the technical index
attached as annex 6. The staggered heights of the towers in combination with the
podium buildings create a group of landmark buildings with a distinctive skyline
when seen from the inside of the plot as well as from the surrounding area. The
access to the office tower and the conference areas of the hotel share a common drop
off and arrival plaza below the podium. In additional to the parking provided in other
area within the property, two levels of basement parking located within the hotel and
Office Tower will serve as parking for the Office Tower and Hotel Tower. As most of
the vehicles will be used by the people working in the office areas, the multilevel
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bridge connection linking the two (Eastern and Western) plots will ensure a
passage within the secured areas of the project.
Plate 8: A prospective of the Proposed Office Tower
The Hotel and Office share common two (2) main security gates, the first located on
the side facing Chiromo Lane and the second facing Westlands road as shown in plate
9 below.
Plate 9: Vehicle Traffic and Security Gates
2.6.2
Hotel Tower
The hotel tower will be 140.75m high, with 35 floors, located at the crossing of
Chiromo Lane and Westlands road in a more quiet location. The area usage of the
hotel facilities together with its occupancy is provided in the technical index attached
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as annex 6. The access to the conference areas of the hotel and the office tower share
a common drop off and arrival plaza below the podium. The location of the hotel
tower, which has been proposed to be on the Northern side of the Eastern plots, open
to Westlands road, was considered due to the calm and quiet location. The hotel
management offices will be located on the F2 while the double volume ballroom and
kitchen will be located on F3. Dining spaces will be provided on F5 served by a
kitchen located on F3. Above the dining room, there will be a tennis court flanked by
MEP equipment space.
Plate 10: A prospective of the Proposed Hotel Tower
2.6.3
Residential Apartment Towers
Four Residential Apartment Towers (A,B,C and D) of 24-levels (83.2m), 28 levels
(93.2m), 24 levels (81.2m) and 25 levels (86.2m) respectively are proposed to be
constructed on the Western plots as shown in plate 11 below. The area usage of the
apartment facilities together with their occupancy is provided in the technical index
attached as annex 6. The apartment towers are positioned in a certain distance to
each other, designed in such a way to avoid the destruction of existing mature trees
on the proposed site. In this way a more private approach to the apartment tower in
the entrance level will be granted while the spectacular views are kept unobstructed.
The staggered heights of the towers in combination with the podium buildings create
a group of landmark buildings with a distinctive skyline when seen from the inside of
the plot as well as from the surrounding areas.
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Plate 11: The 4 Apartment Towers on the Western plots
2.6.4
Commercial podium, Under Tunnel, Bridge and parking structures
A 4 level commercial podium on the Western plots interconnected to a 5 level podium
on the Eastern plots via a 2-levels bridge above Chiromo lane and a tunnel under
Chiromo lane. Parking structures will also be incorporated in the proposed project on
both sides of Chiromo Lane which shall be utilized by occupants of the office, hotel
and apartment towers. An estimated number of parking units within the proposed
development are 1479 units. Most vehicles will be parked in the two levels above
ground parking structure within the residential apartments and the two floors below
ground parking space within the office and hotel towers. As most of the vehicles will
be used by the people working in the office areas the multilevel bridge connection
linking the two plots will ensure a passage within the secured areas of the
project.
Emergency traffic will have direct access to all buildings on the plots due to the
internal road system as well as the broad walkways.
Delivery traffic would use the internal street as well as the below grade delivery
areas for a smooth delivery process without interference with the public
interface of the project. A roundabout at the junction of Chiromo lane and Westlands
road will be aimed at easing the movement of vehicles within the proposed
development.
Due to the internal green areas on the roof of the parking structures, pedestrians will
befree to walk without conflict with the vehicular traffic. A clear orientation is
archived by a simple and logical layout of the overall master plan.
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Plate 12: A prospective of the Bridge across Chiromo lane
2.6.5
Auxiliary Facilities
A fire lane and security checks have been incorporated in the design to cater for the
emergencies around the building as shown in plate 13 below.
Plate13: Fire lane and Security check within the facility
Roof gardens on the podium with direct connection to the high rise buildings provide
recreational green in connection to the apartment, office and hotel towers above.
Such large green areas within a secured environment are rarely found in
Nairobi and will be of high value to all users of the project.
Due to the height of the towers, the highest reaching 175.8m, the core is designed to
house three groups of elevators as well as escape stairs and restrooms. Additional
space for possible HVAC rooms has been reserved.
A central inner pedestrian street crossing is linking the twoplots by a shared open
space on the roof of the parking structures located on the North Western plot. This
central green core will be the backbone of a successful development for the project.
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As a connection to the history of the site of the former Salisbury Hotel, some
remains of the buildings could be kept along Westlands Road. Further special
parts of the representative buildings on the site could be stored and added into the
landscape on the parking structures of the podium as pavilion like structures. Existing
large trees on the site could be kept wherever possible in consultation with NCC and
the project’s environmental consultant.
The office facade is composed of strong vertical stone elements which create a
highly representative image for the AVIC International Africa Headquarters building.
2.7 General infrastructure and designs of the Proposed Project Development
2.7.1
Floor plan layout
The headquarters office tower located along the South side of the East plot is
designed as cross shaped tower. Due to the direction of the entrance as well as the
core layout within the foyer space, easy orientation as well as quick and effective
vertical transportation service can be granted to the different office areas.
Different elevator groups allow for a quick and efficient vertical transportation while
at the same time offering independently controlled access to the floors used by the
AVIC headquarters and the rental floors in the lower part of the tower.
Due to the height of the tower reaching 175.8m, the core is designed to house three
groups of elevators as well as escape stairs and restrooms. The space needed for
elevators within the lower parts of the high rise towers can also be used as additional
office area in the higher floors, making the core layout highly efficient.
The apartment towers are located in a shifted arrangement on site to the North of the
office towers on the West plot. The apartments are planned as a high quality
residential community framing a central green space above the parking floors.
The central core provides access to the flexible apartment floors. Two to three units
are located adjoin the core on each floor, each building has two independent cores.
Due to this configuration all apartments have windows facing in two directions
granting the opportunity for effective natural ventilation which is essential in the
climate of Nairobi. All apartments have large sized balconies which are located in a
way to screen the view from one unit to the next.
The regular floors of the Hotel tower provide standard sized 20 hotel room bays each.
A central core houses the elevators as well as escape stairs and service areas. The
podium areas of the hotel provide space for the related restaurants as well as meeting
areas required as of five star standards. The spa and swimming pool areas of the hotel
are located in the very top floors hence featuring spectacular views into the cityscape
of Nairobi.
2.7.2
Façade
The goal of the facade design is to further strengthen the common face for the whole
quarter, thus creating a strong and unique image. All facades of the plot refer to the
same combination of a certain material selection. While all facades respond to the
needs of the functional units behind, hence creating different facade typologies
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throughout the project, the vertical bright natural stone surfaces are a common
character of all three building and facade typologies.
For all facades natural ventilation is granted. Operable sashes are integrated in such a
way that direct wind pressure is strictly avoided. Therefore user controlled natural
ventilation is possible even in the higher floors of the towers adding to the overall
quality of the working and living spaces of the project.
The office facade is composed of strong vertical stone elements which create a highly
representative image for the AVIC Africa headquarters building. The depth of the
facade is not merely an architectural element, more so it functions as a highly
effective external sun shading element reducing the solar impact on the transparent
office facades. Such measures are especially necessary regarding the location of the
project just South of the equator with the solar impact on glazed facades being
extremely high.
On the top floors the tower has a fully glazed highly transparent facade which is
granting spectacular views on to the skyline of Nairobi.
The hotel facade takes up the vertical division of the office tower. While the office
tower has the stone as the most dominant material of the façade, the hotel building is
dominated by glass in the first layer.
The division of the hotel facades clearly resembles the division of the hotel rooms
inside. Each room has one large window which is clearly legible when looking at the
facade from outside. From the inside the facade appears completely glazed and no
closed elements block the spectacular view out above the roofs of Nairobi below.
The apartment facades again reflect the inner function onto the outer skin of the
buildings.
The strong vertical elements are relating to the facades of the office and hotel towers,
but the horizontal layering as well as the openings and balconies clearly relate to the
residential units behind.
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Plate 14: General Façade of the proposed project
2.7.3
Open space design
In order to strengthen the character of the plot as one unit the building geometry is
continued in the open space design as well. Different textures of plantings create a
vivid pattern of landscape especially when looked upon from the high rise towers
above.
The large roof areas of the parking podiums are activated as well. Roof gardens and
terraces are located in relation to the high-rise buildings.
The green park is zoned in different green spaces which can be developed to serve the
functions and user groups of all ages close to the particular green area. In this way
beautiful gardens, sporting courts or playgrounds for the children living on the
compounds can be integrated into the overall landscape.
2.7.4
Natural Ventilation
For all facades, natural ventilation is granted. Operable sashes are integrated in such a
way that direct wind pressure is strictly avoided. Therefore user controlled natural
ventilation is possible even in the higher floors of the towers adding to the overall
quality of the working and living spaces of the project.
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Plate 15: An architectural prospective of the facade
The building has been designed to encourage and maximize the use of natural
ventilation by providing good internal comfort conditions throughout the year. Even
where supplementary comfort cooling is installed in some areas by landlord or
tenants, to save energy the building will be designed for ‘mixed-mode’ so that the
cooling can be implemented only under very warm external conditions with natural
ventilation for the remainder of the year. Elements of the design that will be
optimized by the façade design to achieve this include glass performance, glazing
proportion, external shading components and geometry, size and position of
ventilation openings, night cooling, etc. The façades are being designed with opening
windows for natural ventilation.
2.7.5
Water Services
Portable water for consumption will be sourced from Nairobi City Water and
Sewerage Company and boosted by an onsite water borehole. This potable water will
be stored in bulk storage tanks located within the site and constructed from lined
reinforced concrete. The connections from these tanks will be directed to serve
potable water outlets throughout the building including wash hand basins, the
tenants’ wet stack, kitchens, etc. and cold water connections to MEP plant.
2.7.6
Fire fighting Systems
All floors, including the car park, will be protected by sprinklers designed in
accordance with NFP. All areas will be protected with the exception of electrical
equipment rooms, lift shafts, small washrooms and cupboards. Hose reels will be
provided for the use of occupants in event of fire. Various protection systems
including oil leak detection, local water leak detection, major water leak protection,
water supply protection and high temperature alarms will be installed for critical
installations and where required. A fire lane and security checks have also been
incorporated in the design to cater for the emergencies around the building.
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Lighting Systems
Corridor and security lighting will be managed by a lighting control system
comprising central controllers, area controllers, lighting control modules, occupation
sensors, LED Lighting, multi sensors and software. Lighting will be dimmable and be
under daylight and occupancy controls. To save energy, provision is made for lighting
controls with; daylight linked dimming, occupancy controls in spaces which are not
continuously occupied including the car park, time and daylight sensor controls on
external lighting, energy management, lamp management monitoring for failure and
integration for control and monitoring of emergency lighting.
2.7.8
Electricity Sub-Station and Back-up Power Supply
The proposed project development has a provision of a KPLC sub-station within the
Western plot of the site; on an area measuring 1010 sq. m. There is also a space
provided within the site for low voltage standby boiler and diesel generators to
support the complete building supply during power blackouts. They will be placed in
a properly ventilated area within the basement of the development. Bulk fuel storage
tank will be provided to support the generator. Landlord’s UPS systems will be
provided to protect the buildings operator’s essential equipment, including Building
Management, Security and all other associated systems.
2.7.9
Safety and Security Systems
A fully automatic fire alarm system will be installed incorporating the functions of fire
detection and alarm, voice alarm and emergency voice communication. The building
will be provided with a distributed type Fire Alarm System comprising multiple alarm
collection panels, linked into the a high integrity data collection reporting to the
building Fire Command Centre and repeater panels as agreed with the fire service. A
CCTV system will be installed with fixed and cameras monitoring the main access
points and final escape exits and additional key internal areas, including the car park,
lift lobbies/communication corridors on each floor. The system will incorporate
monitoring and recording facilities.
2.7.10
Traffic Management
Traffic has been put into consideration in the design with a clear separation of
external and internal traffic and a minimum number of entry and exit points to the
public street during and after construction phase. A roundabout to ease the
movement of vehicles has been encompassed in the designs of the proposed
development; located at the junction of Westlands road and Chiromo lane. All vehicles
and people entering the vicinity will need to pass security checks positioned
strategically within the project. Emergency traffic has direct access to all buildings on
the plots due to the internal road system as well as the brought walkways. Delivery
traffic will use the internal street for a smooth delivery process without interference
with the public interface of the project.
A tunnel under Chiromo lane will link the East and West plots, for easy movement of
vehicles from the East to the West and vice versa.
As a mitigation measure to avert traffic congestion, the developer will surrender a few
meters of land along Chiromo Road and Chiromo Lane for road expansion and for
provision of deceleration lanes.
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Parking Structures and Provisions
Most vehicles will be parked in the two (2) levels above ground parking structure in
residential apartment towers and the two floors below ground parking within the
hotel and office towers. As most of the vehicles will be used by the people working in
the office and hotel areas, the 2-levels bridge and a tunnel under Chromo lane
connection linking the East and West plots will ensure a passage within the
secured areas of the project. Approximately 1479 units of parking will be provided in
the proposed development.
2.8 Green Building Technologies
Green building (also known as green construction or sustainable building) has been
incorporated in the design of the structures, using processes that are environmentally
responsible and resource-efficient throughout a building's life-cycle: from siting to
design, construction, operation, maintenance, renovation, and demolition. Green
building has been considered to find the balance between the proposed development
and the sustainable environment. A close cooperation of the design team, the
architects, the engineers, and the client at all project stages has ensured that most the
green building technologies have been considered in the planning and design stage of
the proposed development. Some of the technologies adopted include:
2.8.1 Installation of Occupation Sensors, LED and utilisation of Natural
Lighting
In addition to switches and scheduling, further energy saving efficiency will be
increased with the installation of LED and occupancy and photo sensors. Utilizing
these LED and occupancy and photo sensors saves an average of 30-40% on energy
costs (A Meta-Analysis of Energy Savings from Lighting Controls in Commercial
Buildings). Natural lighting will be utilized during daytime to save on energy costs
and the energy consumption in the offices, hotel rooms and room apartments.
2.8.2 Reduce reliance on air conditioning
This will be achieved by utilization of the natural ventilation, through proper design
and planning of the building’s façades and direction which they will face.
2.8.3 Solar Provision
Solar provisions have been incorporated in the proposed project design, which will be
used to heat water for the occupants of the facilities. The proposed capacity per
person usage that has been designed is 1,000 liters. Heat will be recovered by the use
of chillers and other plant equipment.
2.9 Description of the Project’s Construction Activities
2.9.1
Pre-construction Investigations
The implementation of the project’s design phase started with preliminary surveys
and cost-benefit analysis to establish the need for a bigger and complex office.
Investigations also covered identification of any existing legal and regulatory
requirements that may affect the project at any stage of its implementation.
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Sourcing and Transportation of Building Materials
The proponent will source several building materials locally. The great emphasis laid
on procurement of building materials from within the local area makes both
economic and environmental senses since it reduces negative impacts of
transportation of the materials to the project site through reduced distance of travel
by the materials transport vehicles.
2.9.3
Storage of Materials
Building materials will be stored on site according to their need. Bulky materials such
as rough stones, ballast, sand and steel can be carefully piled and covered on site.
Materials such as cement, paints and glasses among others are to be stored in
temporary storage rooms conveniently within the project site for this purpose.
2.9.4
Masonry, Concrete Work and Related Activities
The construction of the building’s foundations, floors, and drainage systems among
other components of the project involves a lot of masonry work and related activities.
General masonry and related activities include reinforced structure of columns and
beams filled with stone/block walls, concrete mixing, plastering, slab construction,
construction of foundations, and erection of building walls and curing of fresh
concrete surfaces. These activities are labour intensive and are to be supplemented
by machinery such as concrete mixers. In addition, activities such as concrete mixing
and curing require large amounts of water.
2.9.5
Structural Steel Works
The building is to be reinforced with structural steel for stability. Structural steel
woks involve steel cutting, welding and erection of forms for beams and slabs.
2.9.6
Electrical Work
Electrical work during construction of the premises will include installation of
electrical gadgets and appliances including electrical cables, lighting apparatus and
sockets. In addition, there are other activities involving the use of electricity such as
welding and metal cutting.
2.9.7
Plumbing
Installation of pipe work for water supply and distribution will be carried out from
the existing supply and then to associated facilities. In addition, pipe work will be
installed to connect sanitary facilities with Nairobi City Water and Sewerage
Company, and for drainage of storm water from the rooftop into the peripheral
drainage system. Plumbing activities will include metal and plastic cutting, the use of
adhesives, metal grinding and wall drilling among others.
2.9.8
Installation of Equipment
Several equipment will be installed within the building and other facilities especially
the new extension of the offices. Equipment to be installed include air conditioning
and refrigeration equipment, firefighting equipment, alarms, lighting systems,
sanitary equipment and waste handling facilities, railings and others as needs be.
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2.10 Description of the Project’s Operational Activities
2.10.1
Tenancy and Related activities
This will be the main thrust of activities of the project as the area will have office
facilities, hotel facilities, residential apartments and a commercial center. The tenancy
terms and conditions will be determined by the proponent. Several environmental
aspects are associated with commercial and office buildings including traffic
congestion, human congestion etc. The population index is provided in annex 6 as the
summary of the projected occupants.
2.10.2
Solid Waste and Waste Water Management
The proponent will provide facilities for handling solid waste generated within the
facility. These will include dust bins and skips for temporarily holding waste within
the premises before final disposal at the municipal’s dumping site.
Sanitary waste from the premises will be discharged into N.C.W.S.C. sewerage system,
while storm water from the roof of the premises will join NCC’s storm water drainage
system.
2.10.3
Cleaning
The proponent will be responsible for regular washing and cleaning the complex
corridors, common lavatories and pavements while individual tenants will be
responsible for washing and cleaning their own premises. Cleaning operations will
involve the use of substantial amounts of water and detergents.
2.10.4
General Repairs and Maintenance
The office, hotel, apartments, commercial podium and its affiliate facilities will be
repaired and maintained regularly during its operation phase. Such activities will
include repair of building walls and floors, repairs and maintenance of electrical
gadgets and equipment, repairs of leaking water pipes, painting, maintenance of
flower gardens and grass lawns and replacement of worn out materials among others.
2.11 Description of the Project’s Decommissioning Activities
2.11.1
Demolition Works
Upon decommissioning, the project components including buildings, pavements,
drainage systems, parking areas and perimeter wall will be demolished. This will
produce a lot of solid waste, which will be reused where feasible for other
construction works or if not reusable, disposed of appropriately by a licensed waste
disposal company.
2.11.2
Dismantling of Equipment
All equipment including electrical installations, furniture, partitions, pipe work and
sinks among others will be dismantled and removed from the site. Priority will be
given to the reuse of this equipment in other projects. This will be achieved through
resale of the equipment to other building owners or contractors or donation of this
equipment to charitable institutions.
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Site Restoration
Once all the waste resulting from demolition and dismantling works is removed from
the site, the site will be restored/ rehabilitated through replenishment of the top soil
and vegetation using indigenous plant species.
2.11.4
Building Materials and Energy Used
During the construction phase, several building materials will be required. Where
possible, building materials will be sourced locally, with importation sought where
necessary e.g. finishes & fittings. Materials such as sand, ballast and hard core can be
obtained from quarrying companies in the surrounding areas.
The main sources of energy required for construction of the mixed development
complex include mains electricity and fossil fuels (especially diesel). The proponent
will promote efficient use of building materials and energy through proper planning
to reduce economic and environmental costs of construction activities.
2.11.5
Solid Waste Generated
A lot of solid waste is expected to be generated during construction of the project and
these will include metal cuttings, rejected materials, surplus materials, surplus spoil,
paper bags, empty cartons, empty paint and solvent containers, broken glass among
others. The proponent has plans to minimize the generation of such waste and to
ensure proper disposal procedures.
Where possible this waste shall be put into use within the same project.
2.11.6
Liquid Effluents Generated by the Project
During construction, liquid effluents emanating from the project site will include site
drainage and run-off. Such run-off may result from curing processes and drainage of
areas filled with storm water. The major liquid effluent during the operation of the
project will be sewage. In addition, cleaning/washing operations will lead to
generation of substantial amounts of liquid effluents.
2.12 Neighboring Landmarks within Westlands
Generally, Westlands area is experiencing an increased development of high
magnificent offices, commercial and residential towers such as the ongoing
construction of the Mirage Towers (which borders the proposed development’s West
plots to the South), ongoing construction of Le’Mac Towers, Eden Square, Imperial
Court/Capital Club, Orbit Place, Westlands Business Park, Misha Towers and the
Luxurious Villa Rosa Kempinski hotel. Other landmark developments within
Westlands area include Delta (PwC) Towers, Westgate Mall, the Sarit Centre, ABC
Place, Sankara, and Sky Park among other landmarks which are meant to
revolutionize the city space.
Westlands is home to several regional and local companies headquarters, Shopping
Malls, several branches of banks including; Equity Bank, KCB, ABC Bank of Kenya, NIC
Bank, I&M Bank, Guardian Bank, Giro Commercial Bank, First Community Bank,
Fidelity Bank, Equatorial Commercial Bank, Commercial Bank of Africa, The M.P.Shah
Hospital – A private hospital, Unga House – An office high-rise building, USAID
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Towers – The headquarters of USAID in Kenya, Embassy of Norway to Kenya,
Embassy of Sweden to Kenya, among other many institutions . The area is also home
to many government and parastatal institutions that are relocating from the city
center to Westlands and Upper hill areas.
2.13 Other Similar (Completed and Ongoing) Projects within Nairobi County
Westlands is an affluent neighborhood in the city of Nairobi, the capital and largest
city in Kenya. Westlands area is quickly becoming the prime office location in the
Nairobi Metropolitan area. Many offices and businesses have relocated to the area
from the Central Business District, with companies now building their office
headquarters with spectacular and modern skyscrapers building designs in the
outskirts of the CBD.
Buildings remained relatively short in Nairobi city until the late 1960s when the city
experienced its first skyscraper boom. From 1960 to 1980, Nairobi witnessed a major
expansion of skyscraper and high-rise construction. Hilton Nairobi (1969), the NSSF
Building (1973), and the Kenyatta International Conference Centre (KICC) in 1974 are
among the oldest tall buildings within Nairobi. Many of the city's office towers were
completed during this period, such as the New Central Bank Tower. A near twentyyear lull in building construction came after this expansion, though Nairobi has
experienced a smaller second building expansion beginning in the late 1990s and
continuing into the present. The current completed tallest tower in Nairobi is the UAP
Park Towers which is 143 m (469 ft) tall with 33 levels.
Some of the similar ongoing landmark projects within Nairobi include the Britam
Towers (38 levels) in Upper Hill, Hazina Trade Centre in Nairobi (38 levels) CBD,
Jabavu Towers in Upper Hill (45 levels), FCB Tower in Kilimani, KCB Plaza in Upper
Hill (20 levels), UAP Park Towers in Upper Hill, University of
Nairobi’sChandariaTowersamong other proposed and ongoing Large scale master
plans in the outskirts of Nairobi region including: the Konza City in Konza, Tatu city in
Ruiru, Garden City in Nairobi, Kasarani Hills,
(a) Architectural impression of (b) Prospective of the FCB Tower
Hazina Trade Centre Within within Kilimani Area
Nairobi CBD
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(c) UAP Park Towers within Upper (d)Chandaria University of Nairobi
Hill area
Towers in UoN main Campus,
Nairobi
(e) Britam Towers in Upper Hill
Jabavu Towers in Upper Hill
Plate 16: Architectural impressions of proposed and on-going
construction of Landmarks in Nairobi and its outskirts
2.14 Project Design and Cost
The Proponent, AVIC International Real Estate (Kenya) Limited has commissioned
qualified consultants to undertake detailed investigations and detailed design for the
proposed development project to prepare tender documents and determine the
project cost among other aspects as per specified project timelines. The projects’
gross cost estimates as per the Design Engineers amounts to Nine Billion, Six
Hundred and Ninety Eight Million, Twenty Three Thousand, Seven Hundred and
thirty Kenya Shillings (Kshs. 9,698,023,730). The summary of the BoQ has been
attached in this report as annex 7.
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3 BASELINE INFORMATION OF THE STUDY AREA
3.1
Introduction
The proposed project site lies within Westlands area in Nairobi City County.
Bordering Westlands to the South West is the Nairobi City CBD. Nairobi is one of the
fast growing cities in Africa. The city borders Eastern province on the East and
Central province to the west. It originated as the headquarters of the Kenya Uganda
Railway, established when the railhead reached Nairobi in June 1899. The city grew
into British East Africa’s commercial and business hub and by 1907 became the
capital of Kenya (Mitullah 2003, Rakodi 1997).
Nairobi City has experienced rapid growth both in terms of population and physical
expansion in the past decades. The physical area of Nairobi has been expanding
tremendously from 3.84 Km2 in 1900 to 696 Km2 in the year 2000 which is the current
official size.
3.2
Administrative Framework of Westlands
Westlands is a suburb of Nairobi that was until the early 1980s composed of
residential homes and a few shops which has now developed into a major commercial
and economic area outside the Central Business District of Nairobi. Apart from being
a commercial center, Westlands is also one the eight administrative divisions in
Nairobi, with the following six subdivisions (locations):
1.
2.
3.
4.
5.
6.
Parklands
Kitisuru
Highridge
Kangemi
Kilimani
Lavington
Westlands is also an Electoral Constituency. It has the same borders with
WestlandsDivision. The Constituency has a total area of 98 km². It was known as the
Nairobi NorthEast Constituency in the 1963, then as Parklands Constituency and
finally renamed as Westlands Constituency during the 1988 elections.
3.3
Drainage
Nairobi City lies in the Athi River Drainage Basin. The major rivers that cross the City
include Nairobi, Ngong and Mathare Rivers. All these drain from the West and flow
towards the Eastern direction to join River Athi downstream. As the rivers pass
through the City, industrial effluents, municipal waste and siltation heavily pollute
them. Nairobi River is approximately 500 m south of the proposed project site, flowing
to the city center.
3.4
General Geophysical and Geology Description
Nairobi’s main drainage follows the regional slope of the volcanic rocks towards the
East, while subsidiary internal drainage into the Rift region is confined to the western
part. The lava plains East of the line Ruiru-Nairobi-Ngong are underlain by a succession
of lava flows alternating with lakebeds, streams deposits, tuffs and volcanic ash. These
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plains, comprising mainly the Athi plains and the northern section of the Kapiti plain,
extend westwards, rising from 1493m at the Athi River to 1829m in the faulted region
near Ngong. The lava plains are crisscrossed with steep-walled gullies and canyon-like
gorges, such as those along the Mbagathi valley. Further East this valley widens slightly
where soft material is being actively eroded. Water draining Eastward from the hill
area accumulates on the low lying ground between Parklands in the north and Nairobi
South estate, forming a perched water table above the Nairobi phonolite. The Kerichwa
Valley Tuffs lying to the East of the highway function like a sponge and the contact
between them and the underlying impermeable phonolite thus forms a perfect aquifer,
so much so that a number of channels containing water occur beneath Nairobi.
3.5
General Geology/Soils
The soils in Nairobi are products of mainly weathering and erosion of underlying
volcanic rocks under relatively high temperatures, rainfall and poor drainage. As a
result of impeded drainage of the plains, the soils are black to dark grey clays
(Grumosolic) comprising black cotton soils with calcareous and non-calcareous
variants. The project will not cause physical change to the environment because in
terms of topography, slope and stability of the soils.
The rocks in the Nairobi area mainly comprise of a succession of lavas and Pyroclastics
of the Cainozoic age and overlying the foundation of folded Precambrian schist‟s and
gneisses of the Mozambique belt. The crystalline rocks are rarely exposed but
occasionally fragments and found as agglomerates derived from the former Ngong
volcano. The soils of the Nairobi area are products of weathering of mainly volcanic
rocks. Weathering has produced red soils that reach more than 15m in thickness in
some parts of Nairobi.
3.6
General Climate
At 1,795 meters above sea level, Nairobi experiences a moderate climate. Under the
Koppen climate classification, Nairobi has a subtropical highland climate. The altitude
makes for some cold evenings, especially in the June/July season when the
temperature can drop to 10 °C (50 °F). The sunniest and warmest parts of the year
are from December to March, when temperatures average the mid-twenties during
the day. The mean maximum temperature for this period is 24 °C (75 °F). There are
two rainy seasons but rainfall can be moderate. The long rains form the first season
and fall in the months of March to May, and the short rains forming the second rainy
season, fall between October and December. The cloudiest part of the year is just after
the first rainy season, when, until September, conditions are usually overcast with
light drizzles. The mean annual rainfall ranges between 850- 1050mm. As Nairobi is
located close to the Equator, the differences between the seasons are minimal.
3.6.1 Average Daily Temperatures
The average daily temperature throughout the year (See table 1 below) varies
slightly from month to month with average temperatures of around 170C during the
months of July and August to about 200C in March. But, the daily range is much higher,
with the differences between maximum and minimum temperatures each day around
10 degrees in May and up to 15 degrees in February. Between the months of June to
September, South East winds prevail in the coastal parts of Kenya and last up to
several days without a break. The clouds cause day temperatures to remain low and
most times the maximum temperature stay below 18 degrees Celsius. The minimum
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temperatures also remain low during cloudy nights, usually hovering around 8
degrees Celsius and sometimes even reaching 6 degrees Celsius. Clear skies in January
and February also bring colder nights. The highest temperature ever reached in
Nairobi was 32.8 degrees Celsius and the lowest was 3.9 degrees Celsius.
Table 1: Average Daily Temperature in Nairobi City
Month
Mean
0C
January
February
March
April
May
June
July
August
September
October
November
December
Year
26.8
28.0
27.4
24.6
24.1
23.1
22.3
22.7
25.3
26.2
23.6
25.1
24.9
Maximum Mean
0C
Minimum Mean Range 0C
13.1
13.7
13.4
14.6
14.4
13.0
14.3
10.3
14.2
9.9
12.6
10.5
11.5
10.8
11.8
10.9
12.2
13.1
13.7
12.5
14.4
9.2
13.8
11.6
13.3
11.6
Source: Nairobi District Development Plan 2002-2008
3.6.2 Average Humidity Values
Because of Nairobi’s location just south of the equator in combination with humid air
pumped in from the Indian Ocean, the humidity values for each day are generally on
the higher end (See table 2).
Table 2: Mean Relative Humidity Values (%)
Time Jan
Feb
Mar Apr
May Jun
Jul
Aug
Sept Oct
Nov
Dec
9.00
A.M
79
74
82
86
85
85
83
85
82
80
36
83
3.00
P.M
45
37
43
53
55
59
53
53
50
47
57
54
This is not to say that values are always high, since the Easterly winds coming off the
Indian Ocean tend to keep the temperatures standard throughout the country;
therefore the “warm sticky” feeling is usually not associated with Nairobi. In the
summer to autumn months of January to April, relative humidity values have been
known to plummet to anywhere from 10% to 20%. The typical day, humidity-wise,
starts off with nearly saturated in the morning hours, and steadily decreases
throughout the remainder of the day.
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3.6.3 Average Rainfall Amounts
With these routinely high relative humidity figures, it is not surprising that the
Nairobi climate is one that produces much rain annually. In fact, from the past 50
years, the expected amount of rain could be anywhere in the range of 500 to 1500
mm, with the average ringing in at 900 mm. The majority of these rainfall figures
crash down in Nairobi in one major and one minor monsoon seasons respectively.
The major monsoon season occurs within the months of March to May, and is called
the “Long Rains” by the locals. The minor monsoon seasons emerges within the
October to December Months, and is called the “Short Rains” by the Nairobi citizens.
That is what the meteorologists as a whole know about the monsoon seasons. What
they do not know is exactly when these seasons will start. There is usually not an
indication of when these rainy seasons will start, since it is difficult to determine
when one starts and when the other finishes. Consequently, one may think there is
only one rainy season when looking at the annual rainfall amounts (See table 3).
Table 3: Annual mean rainfall (mm) based on the records for 50 years
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
48
48
115
195
137
42
15
21
24
52
114
77
3.6.4 Average Winds
Winds along the surface are predominantly easterly throughout the entire year. They
are shifted to Northeast between October and April, and they are shifted Southeast
between May and September. Right before the “Long Rains” season, the strongest
winds occur, reaching speeds of 20 to 25 miles per hour. During the rest of the year,
winds are usually at speeds of 10 to 15 miles per hour. During the night, the winds are
calm.
3.6.5 Average Sunshine
Early mornings in Nairobi are often cloudy, but the sun peeks through by midmorning. Throughout the year, there is an average of seven hours of sunshine per day.
Thirty per cent more sunlight reaches the ground during the afternoon than in the
morning. Of course, there is more sunshine during the summer months, when the sun
is more overhead in the southern hemisphere. Infrequently during the rainy season
the sun never show through the clouds. Even in August, the cloudiest month, there is
an average of four hours of sunshine.
3.7
Topography
Nairobi lies at an average altitude of 1,680m above sea-level, but this height ranges
from 1500m (to the East) to 2300m (to the West). It is located at longitude 36o 50'East
and latitude 1o 18' South about 140 km South of the Equator and situated at an
elevation of about 5,500 feet above sea level, placing its high affect for the cooler air to
keep its temperatures moderate.
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Hydrological Systems and Drainage Systems
The drainage system in Kenya is generally dominated by the Great Rift Valley, which
runs in an approximately North-South direction, with water flowing from its flanks
westwards to Lake Victoria and Eastwards to the Indian Ocean. The project area has
very well drained soils and there is no possibility of ponding observed.
3.8.1
The Nairobi River Basin
The Nairobi River Basin consists of three major rivers (Nairobi, Ngong, and Mathare
Rivers) whose catchments are found within the Kikuyu and Limuru Hills. The three
rivers drain Nairobi city and join further East of Nairobi. Eventually, the Nairobi River
basin joins River Athi which drains the water to the Indian Ocean.
Fig 1: The Nairobi River Basin
The rivers are mostly narrow and highly polluted hence the need for rehabilitation
and restoration.
3.8.2
Sources of Water
Ndakaini, Ruiru, and Sasumua dams are the principal sources of water for Nairobi.
These dams are all on rivers emanating from the Aberdare Forest (one of Kenya’s five
“water towers”). Several factors compromise the city’s water quality, ranging from
natural phenomena such as the high fluoride content in groundwater, to
anthropogenic factors such as poor wastewater treatment and environmental
degradation both within the city and in the surrounding countryside.
The proposed project’s major source of water is the water supplied by the Nairobi
City Water and Sewerage Company. This will be boosted by an onsite borehole to
supplement water demand in the proposed development. The project area and indeed
many areas within Nairobi have a high potential for underground water use by
constructing boreholes to supplement the other sources of water supply.
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3.9
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Waste Water Management
Figure 1 above shows the Nairobi River Basin and highlights major points of organic,
solid waste, and heavy metal pollutants within the basin.
Improperly treated sewerage and uncollected garbage have contributed to a vicious
cycle of water pollution, water-borne diseases, poverty, and environmental
degradation. Water pollution carries environmental and health risks to communities
within Nairobi, especially the poor who may use the untreated water directly from
the River sources available.
Waste water from homesteads and industries is collected in Nairobi via a system of
interconnected channels and flows to Ruai Treatment works where it’s treated and
effluent released to the Nairobi River.
However, due to the higher population in the slums within Nairobi, most of the waste
water is directly released to the nearby streams and rivers, accounting for the high
level of pollution in the rivers. This is currently being addressed by the Rehabilitation
and Restoration programme by the Ministry of Environment, Water and Natural
Resources. The programme began in 2010 and is aimed at rehabilitation, restoration
and sustainable management of the Nairobi River Basin in order to provide improved
livelihoods, enhance environmental quality and values through well regulated
economic and recreational ventures.
3.10 Solid Waste Management
Out of 1,600 metric tons of solid wastes generated daily in the City by 2002, only 40
per cent was being collected (Kibwage, 2002). Out of this total the Nairobi City
Council and Private Companies combined, only manage to dispose only 47.1 per cent
of the total garbage turnover. The accumulated mess of waste collection over the
years has continued to be a bottle neck to Nairobi City administrators. By 1986, some
of the City residents, who were able and willing to pay for the refuse-collection
service, opted for Private Companies (PCs). BINS (Nairobi) Services Limited (BINS
Ltd) and Domestic Refuse Disposal Services Limited (DRDS Ltd) were the two private
companies that came into the field of Household Waste Management (HWM) in 1986
and 1987 respectively. Since then, over 70 companies have emerged in the city
targeting large waste producers like supermarkets, offices, Hotels and residential
apartments. The prevailing waste disposal need therefore calls for the need of waste
disposal facilities like an incinerator.
3.11 Natural Environment
Eastern part of Nairobi area is dominated by savanna grasslands, with mainly grass
(short) and scattered drought resisting trees. The surrounding undeveloped areas
consist largely of the following: Bushed grassland - Grassland with scattered shrubs,
the shrubs being with a canopy cover of less than 2%. Grassland are dominated by
grasses occasionally other herbs, sometimes widely scattered or grouped trees and
shrubs, the canopy cover does not exceed 2%.
The proposed project area has medium sized-mature trees (approximately 35 trees);
mostly of acacia species especially theAcacia Abyssinica, Cyprus, Gravellia, Eucalyptus,
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Jacaranda and some shrubs and grass patches. Mature trees of the above named spp
and Long green grasses are dominant along the nearby Nairobi River.
In Ngong and Muguga areas within Nairobi, isolated indigenous trees also exist and
this are theKikuyensis sp. Mugumo, Bamboo, Croton megalocarpus, Acacia
xanthopholea, Yellow oleander among others. Waste water management will be
addressed adequately during project implementation therefore eliminating the
possibility of interference with wetlands and the environment at large.
3.12 Protected green spaces within Nairobi
Nairobi has managed to retain a number of green spaces within and close to the city,
which provide its residents with shady recreation areas and visitors with a glimpse of
Kenya’s renowned wildlife and characteristic vegetation. They also help to maintain
biodiversity, filter pollutants from the air, and act as minor water catchments within
and on the outskirts of the city.
Although these green spaces have been protected, much of the natural vegetation
surrounding Nairobi was lost as the city’s boundaries were extended numerous times
to accommodate the growing population and the associated need for more land. As
the city expanded after its founding, much of the new settlement was unplanned. By
1993, informal settlements housed about 55 per cent of the city’s population. The
table below presents a summary of the biodiversity of key protected areas in Nairobi
Table 4: Characteristics and biodiversity of key protected areas in Nairobi
(Source: KWS 2006, JICA 2005)
Name
Managing
Authority
Area
(ha)
Nairobi
National
Park
(Established
in 1946)
Kenya
Wildlife
Service
(KWS)
11,721 Oleaafricana,
Croton
dichogamuscalodendrum, Themeda, Cyprus,
Digitaria, Cynodon,Acacia xanthophloea,
Euphobia candelabrum, Apodytesdimidiate
Canthiumschimperanum,
Elaeodendronbuchananii,
newtoniasp,
Ficuseriocarpa, Aspiliamossambicensis, Thus
natalensis,
Euphobiabrevitorta,
Drimiacalcarata, Murdanniaclarkeana and
Crassula sp.
Karura
Forest;
(Gazetted
1932)
Forest
1,063
Department
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Common Species
Plants
Animals
Giraffes,
lions,
gazelles,
buff aloes,
hartebeest,
wild pigs,
wildebeest,
warthogs,
crocodiles, ,
hippos, and
about 400
species of
birds
Oleaeuropeae
var.
africana,
Croton Monkeys,
megalocarpus,
Warburgiaugandansis, bush baby,
BrachyleanahuillensisUvaridendronanisatum bush bucks,
bush pigs,
porcupines,
duikers,
and genets,
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dikdik,
epauletted
bat, Africa
civet
Ngong
Forest
Farest
638.4
Department
and KWS
Ololua
Forest
Nairobi City 667
Council and
The
National
Museums of
Kenya
The Nairobi Forest
25
Arboretum; Department
(Established
in 1907)
Nairobi City Nairobi City 60
Park
Council
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Over 120
Eucalyptus, Pine, Cyprus, Croton and Cordia species of
species
birds, over
35
mammals
such as
leopards,
monkeys,
reptiles,
insects, and
amphibians
Olive
Oleaafricana,
Eleodendronbuchananii, baboons,
Akokantheraschimperi, Brancylaena species, monkeys,
Croton
megalocarpus,
Carisaedualand yellow
Rhusnatalensis. Others include aloe, Acacia baboons,
species
porcupines,
bush baby,
bush bucks,
bush pig,
dikdik,
bush bucks,
bush pig,
dikdik,
civet, and
genets,
grey
wagtail,
Eurasian
cuckoo,
willow
warbler
Chameleon,
Several collection of plant species
skunks,
butterflies,
dragonflies,
ants, bees
and
beetles,
Ayres’s
hawk eagle
Hundreds
Oleaeuropeae
var.
africana,
Croton of bird
megalocarpus and Warburglaugandansis
species,
butterflies
and
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baboons
3.13 Infrastructure
Due to rapid urban population growth, provision of basic infrastructure for all has
become an important concern of development planners in Nairobi. Basic
infrastructural services that have deteriorated due to such rapid increase in
population include: Solid Waste Management (SWM) system; Water and Sewerage
Systems; Drainage and flood protection; Roads and Rail; Mass transportation; Electric
installations; and telecommunications. Greater environmental pollution, congestion
and problems have been the result of under-provision of such basic services.
Nairobi city is well served with good telecommunication and transport network such
as air, road, and railway. It is centrally located to serve the Eastern African Countries.
Bus and train stations are within an easy walk of the City centre. The main Railway
line runs from Mombasa through Nairobi to Malaba. The latest ongoing project of the
Standard Gauge Railway intended to connect the whole of East African countries will
open up international networks and improve the ease of movement. The Network
facilitates transportation of agricultural products from Western Kenya to the Coast.
The city is a hub of road transport connection other major towns in the country. On
air transport, Jomo Kenyatta International Airport makes it easy to transport people
and goods from all over the world into the country and vice versa.
Energy in its various forms is used to varying degrees, but by far the most common is
electricity, wood fuel supplemented by fossil fuels is used in relatively very few
residents. Other sources of energy such as solar, wind and biogas are rarely used.
3.14 Population
In the year 1901, an estimate of about 8,000 people lived in Nairobi. By 1948, the
number had grown to 118,000 and by 1962, the city had a population of 343,500
people. From the 2009 census estimates, recorded city’s population had risen to
3.363 million (Source: KNBS Census). Nairobi’s early growth was fuelled by rural
migrants and an exponential growth was experienced between the years 1979 and
1989 when 772,624 rural-urban migrants moved to the city (NEMA 2003). The forces
motivating rural-urban migration to Nairobi included better economic prospects,
opportunities for higher education and higher wage employment, and the attraction
of Nairobi as a market for goods and services.
Nairobi is currently houses over 3.363 million people and an overall population
density of 3,079 people per square kilometer. A growing economy and swelling
population numbers from both in-migration and natural growth are continually
increasing the city’s population size. A significant number of commuters from satellite
towns such as Thika, Naivasha, Ngong, and Machakos commute to Nairobi daily to
work or bring goods and supplies. Daily commuters from such satellite towns
contribute an estimated additional half-million people to the city’s population.
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Fig. 2 Nairobi’s Historical and Projected Population, 1950-2025 (Source:
KNBS 2008)
Nairobi’s large and growing population is one of the main forces driving the city’s
overwhelming environmental challenges. Ongoing rural to urban migration, high
natural birth rates, and poor/inappropriate city planning conspire to continue
degrading the city’s water and air quality. In turn, environmental degradation has
impacts on human health and the economy. For the country to achieve the MDGs,
progress must be made in Nairobi, as Kenya’s capital city and its largest urban center.
3.15 Economic Activities
The major economic activities in Nairobi include businesses in formal and informal
lines. Some of the investments in the city are industries, farming and office complexes.
The city also is a home of a number of international UN organizations for example
United Nations Environmental Programme (UNEP) Agency. Due to its population,
Nairobi provides numerous opportunities for trade at various scales. Because of these
characteristics, it is considered the commercial centre for Kenya and even East Africa.
Owing to its huge economic potential, Nairobi was once the headquarters of the East
African Community (EAC). Because of these characteristics, it is considered the
commercial center for Kenya and even East Africa. Owing to its huge economic
potential, Economic activities within the proposed project site are Insurance brokers,
Media Consultancy, Estate holdings, and Academic Institutions.
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4 RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORK
4.1
Introduction
Environmental impact assessment is a tool for environmental conservation and has
been identified as a key component in new project implementation. According to
section 58 of the Environmental Management and Coordination Act (EMCA) No. 8 of
1999, second schedule 9 (I), and Environmental (Impact Assessment and Audit )
Regulation, 2003, both new and old projects must undergo Environmental Impact
assessment and Audits. The report of the same must be submitted to National
Environmental Management Authority (NEMA) for approval and issuance of the
relevant certificates.
There is a growing concern in Kenya and at global level that many forms of
development activities cause damage to the environment. Development activities
have the potential to damage the natural resources upon which the economy is based.
Environmental Impact Assessment is a useful tool for protection of the environment
from the negative effects of developmental activities. It is now accepted that
development projects must be economically viable, socially acceptable and
environmentally sound.
4.2
Environmental policy
This ESIA has been prepared to fully comply with environmental and social safeguard
policies and procedures as outlined in the World Bank Environmental and Social
Performance Standards for Projects with regional impacts and as per various
regulations by National Environment Management Authority, in Kenya.
4.3
Relevant Kenya Policies
The policies that are relevant to the proposed development project include the
following:
4.3.1
Policy Paper on Environmental and Development (Sessional Paper
No. 6 of 1999)
This policy was formulated on the basis of the National Environment Action Plan
(NEAP) process of 1994. The policy’s major objective is to harmonize environmental
and developmental concerns to ensure sustainability. Furthermore, this policy
ensures that environmental issues are taken into consideration before the
commencement of development policies, programmes, plans and projects. The
proposed project is therefore consistent with the Sessional Paper No. 6 of 1999.
4.3.2
Physical Planning Policy
The current policy governs the development and approval of all building plans as
provided for in the Physical Planning Act (Cap 286). The proposed project will be
subjected to the provisions of this policy and legislation.
4.3.3
Public Health Policy
The prevailing public health policy calls upon the project proponent to ensure that
buildings are adequately provided with utilities so that they are fit for human
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habitation. The proposed development has been designed by professional engineers
and architects and as such will have all amenities/utilities that are essential for
safeguarding public health for all people using the facilities.
4.3.4
The Sessional paper No.4 on Energy
The Sessional paper No.4 on Energy of Kenya’s vision is to promote equitable access
to quality energy services at the least cost while protecting the environment and thus
it does recognize the importance of harnessing and utilizing solar energy.
Additionally, the Sessional Paper states that, The Government recognizes the great
potential of this source of energy and will encourage the development and utilization
of appropriate technologies in attaining its vision. It is recommended that the
proponent consider harnessing solar energy that can be utilized to power common
areas within the proposed office development.
4.3.5
The Kenya Vision 2030
The Economic Pillar of Vision 2030 seeks to improve the prosperity of all regions of
the country and all Kenyans and as such the development blueprint recognizes
projects such as the Proposed AVIC international Africa headquarter building to be a
necessary prerequisite in attaining the Kenya’s Vision 2030.
Moreover, Environment’s cleanliness and security is ensured via protection and
conservation and conservation of sensitive areas such wetlands and wildlife corridors
and migratory routes which can be done by conducting project’s Environmental and
Social Impact Assessments and developing of comprehensive mapping of land use
patterns in Kenya.
4.3.6
The Kenya National Climate Change Response Strategy
The purpose of this strategy is to put in place robust measures needed to address
most of the challenges posed by climate variability and change through thorough
impact assessments and monitoring of various projects. According to Climate Change
Projections, in this country we are likely to experience hotter drier sunny seasons,
warmer wetter rainy seasons, rise in sea levels and an increase in extreme weather
events. These climactic changes will impact on our daily lives and the buildings that
we work and live in must be adapted to cope with such changes. With time both
existing buildings and the construction of new buildings will have to adapt to cope
with the conditions climate change may produce. A range of new ways to design,
construct, upgrade and occupy buildings so that they are more energy efficient as well
as resilient to threats such as flooding and drought is proposed.
In the construction sector, priority inclusion areas should include energy efficient
innovations and technologies, and utilization low-carbon appliances and tools; the
utilization of eco-friendly energy resources such as wind, solar, biogas, small hydros,
etc; as well as possible utilization of biofuels.
4.3.7
The National Housing Policy (Sessional Paper No. 3 of 2004)
This National Housing Policy is intended to arrest the deteriorating housing
conditions countrywide and to bridge the shortfall in housing stock arising from
demand that far surpasses supply, particularly in urban areas. This situation has been
exacerbated by population explosion, rapid urbanization, widespread poverty, and
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escalating costs of providing housing.The shortage in housing is manifested in
overcrowding, proliferation of slum and informal settlements especially in peri-urban
areas.
The proposed development shall provide safe, secure modern state of the art housing
intended to address in a big way the demand of such housing units in the city of
Nairobi
4.4
Institutional arrangements
Environmental and social Impact Assessment (ESIA) is a methodology used to
identify the actual and probable impacts of the projects and programmes on the
environment and to recommend alternatives and mitigating measures. The
assessment is required at all stages of project development with a view to ensuring
environmentally sustainable development for both existing and proposed public and
private sector development ventures. The National EIA regulations were issued in
accordance with the provisions of Environmental Management and Coordination Act
(EMCA) of 1999. The EIA Regulations must be administered, taking into cognizance
provisions of EMCA 1999 and other relevant national laws. The intention is to
approve and license only those projects that take into consideration all aspects of
concern to the public as they impact on health and the quality of the environment.
4.5
Institutional Framework
At present there are over twenty (20) institutions and departments which deal with
environmental issues in Kenya. Some of the key institutions include the National
Environmental Council (NEC), National Environmental Management Authority
(NEMA), the Forestry Department, Kenya Wildlife Services (KWS), Water Resources
Management Authority (WRMA) and others. There are also local and international
NGOs involved in environmental issues in the country.
4.5.1
National Environmental Management Authority (NEMA)
The objective and purpose for which NEMA is established is to exercise general
supervision and co-ordinate over all matters relating to the environment and to be
the principal instrument of the government in the implementation of all policies
relating to the environment. A Director- General appointed by the president heads
NEMA. The Authority shall:
 Co-ordinate the various environmental management activities being
undertaken by the lead agencies and promote the integration of
environmental considerations into development policies, plan,
programmes and projects with a view to ensuring the proper management
and rational utilization of the environmental resources on a sustainable
yield basis for the improvement of the quality of human life in Kenya.
 Take stock of the natural resources in Kenya and their utilization and
conservation, with the relevant lead agencies.
 Examine land use patterns to determine their impact on the quality and
quantity of the natural resources.
 Carry out surveys, which will assist in the proper management and
conservation of the environment.
 Advise the government on legislative and other measures for the
management of the environment or the implementation of relevant
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










ESIAStudy Report
international conservation treaties and agreements in the field of
environment as the case may be.
Advise the government on regional and international environmental
convention treaties and agreements to which Kenya should be a party and
follow up the implementation of such agreements where Kenya is a party.
Undertake and co-ordinate research, investigation and surveys in the field
of environment and collect and disseminate information about the findings
of such research, investigation or survey.
Mobilize and monitor the use of financial and human resources for
environmental management.
Identify projects and programmes or types of projects and programmes,
plans and policies for which environmental audit or environmental
monitoring must be conducted under EMCA.
Initiate and evolve procedures and safeguards for the prevention of
accidents, which may cause environmental degradation and evolve
remedial measures where accidents occur.
Monitor and assess activities, including activities being carried out by
relevant lead agencies in order to ensure that the environment is not
degraded by such activities, environmental management objectives are
adhered to and adequate early warning on impeding environmental
emergencies is given.
Undertake, in co-operation with relevant lead agencies programmes
intended to enhance environmental education and public awareness about
the need for sound environmental management as well as for enlisting
public support and encouraging the effort made by other entities in that
regard.
Publish and disseminate manuals, codes or guidelines relating to
environmental management and prevention or abatement of
environmental degradation.
Render advice and technical support, where possible to entities engaged in
natural resources management and environmental protection so as to
enable them to carry out their responsibilities satisfactorily.
Prepare and issue an annual report on the state of the environment in
Kenya and in this regard may direct any lead agency to prepare and submit
to it a report on the state of the sector of the environment under the
administration of that lead agency and,
Perform such other functions as government may assign to the Authority
or as are incidental or conducive to the exercise by the authority of any or
all of the functions provided under EMCA.
However, NEMA mandate is designated to the following committees:
4.5.2
Public Complaints Committee
The Committee performs the following functions:
 Investigate any allegations or complaints against any person or against
the authority in relation to the condition of the environment in Kenya
and on its own motion, any suspected case of environmental
degradation and to make a report of its findings together with its
recommendations thereon to the Council.
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Prepare and submit to the Council periodic reports of its activities
which shall form part of the annual report on the state of the
environment under section 9 (3) and
To perform such other functions and excise such powers as may be
assigned to it by the council.
National Environment Action Plan Committee
This Committee is responsible for the development of a 5-year Environment Action
plan among other things. The National Environment Action Plan shall:
 Contain analysis of the Natural Resources of Kenya with an indication
as to any pattern of change in their distribution and quantity over time.
 Contain analytical profile of the various uses and value of the natural
resources incorporating considerations of intergenerational and intragenerational equity.
 Recommend appropriate legal and fiscal incentives that may be used to
encourage the business community to incorporate environmental
requirements into their planning and operational processes.
 Recommend methods for building national awareness through
environmental education on the importance of sustainable use of the
environment and natural resources for national development.
 Set out operational guidelines for the planning and management of the
environment and natural resources.
 Identify actual or likely problems as may affect the natural resources
and the broader environment context in which they exist.
 Identify and appraise trends in the development of urban and rural
settlements, their impact on the environment, and strategies for the
amelioration of their negative impacts.
 Propose guidelines for the integration of standards of environmental
protection into development planning and management.
 Identify and recommend policy and legislative approaches for
preventing, controlling or mitigating specific as well as general diverse
impacts on the environment.
 Prioritise areas of environmental research and outline methods of using
such research findings.
 Without prejudice to the foregoing, be reviewed and modified from
time to time to incorporate emerging knowledge and realities and;
 Be binding on all persons and all government departments, agencies,
States Corporation or other organ of government upon adoption by the
national assembly.
4.5.4
Standards and Enforcement Review Committee
This is a technical Committee responsible for environmental standards formulation
methods of analysis, inspection, monitoring and technical advice on necessary
mitigation measures.
Standards and Enforcement Review Committee consists of the members set out in the
third schedule to the Environmental Management and Co-ordination Act. The
Permanent Secretary under the Minister is the Chairman of the Standard and
Enforcement Review Committee. The Director General appoints a Director of the
Authority to be a member of the Standards and Enforcement Review Committee who
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is the Secretary to the committee and who provides secretarial services to the
Committee. The Committee also regulates its own procedure. The Standard and
Enforcement Review Committee may co-opt any person to attend its meetings and a
person so co-opted shall participate at the liberations of the committee but shall have
no vote. Finally, the Committee shall meet at least once every three months for the
transactions of its business.
4.5.5
National Environmental Tribunal (NET)
This tribunal guides the handling of cases related to environmental offences in the
Republic of Kenya. If disputes to this project arise, they are supposed to be presented
here for hearing and legal direction.
4.5.6
National Environmental Council (NEC)
EMCA 1999 No. 8 Part III section 4 outlines the establishment of the National
Environment Council (NEC). NEC is responsible for policy formulation and directions
for purposes of EMCA; set national goals and objectives and determines policies and
priorities for the protection of the environment and promote co-operation among
public departments, local authorities, private sector, non-governmental organisations
and such other organisations engaged in environmental protection programmes. It
also performs such other functions as assigned under EMCA.
4.5.7
National Environmental Action Plan (NEAP)
The NEAP for Kenya was prepared in mid 1990s. It was a deliberate policy effort to
integrate environmental considerations into the country’s economic and social
development. The integration process was to be achieved through a multi-sectoral
approach to develop a comprehensive framework to ensure that environmental
management and the conservation of natural resources are an integral part of societal
decision-making.
4.6
Legal Framework
There are several legal provisions on environmental protection, which touch on and
regulate the development of infrastructure like the one under this proposal. A
summary of the various legislations relevant to the development is given hereunder.
The following pieces of legislation and regulations are applicable to the proposed of
development.
4.6.1
The Environmental Management and Coordination Act, 1999
The Act defines the legal and administrative co-ordination of the diverse sectoral
initiatives in the field of environment. The Act harmonizes the sector specific
legislations touching on the environment in a manner designed to ensure greater
protection of the environment. This Act is guided Policy wise by the national
environmental council, while the day-to-day enforcement falls under the Director
General of the National Environmental Management Authority. Thus (NEMA) enforces
the Act on behalf of the Cabinet Secretary responsible for Environment. Its functions
include:
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The coordination of various environmental management activities;
Initiation of legislative proposals;
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Research, investigations, and surveys on the field of environment.
Creation of environmental education and awareness programmes;
Advise the government on regional and international agreements to which Kenya
is party to;
Executing the Environmental Impact Assessment (EIA) under the Environmental
Impact (Assessment and Auditing) regulations, 2003, among other duties.
Under EMCA, 1999 there are a number of regulations geared towards sustainable
development. The applicable regulation to the AVIC development project are
discussed below
4.6.1.1 The Environmental Impact (Assessment and Auditing) Regulations,
2003
Environmental Impact Assessment under the Act is guided by the Environmental
Impact Assessment (Assessment and Auditing) Regulations of the year 2003, which is
given under legal notice no. 101. The regulations stipulate the ways in which
environment impact assessment and audits should be conducted. The project falls
under the second schedule of EMCA, 1999 section 58 (1), (4) that require an
Environmental Impact Assessment study report. As stipulated by the legal notice No.
101, 2003, PART V, Section 31 (3( (a) (i) and (ii) it is required that an environmental
assessment be undertaken to provide baseline information upon which subsequent
environmental control audit shall be based.
4.6.1.2 Environmental Management and Coordination (Environmental
Impact Assessment and Audit) Regulations, 2003
Environmental Impact Assessment (EIA) is a critical examination of the effects of a
project on the environment. The goal of an EIA is to ensure that decisions on
proposed projects and activities are environmentally sustainable. An EIA is conducted
in order to identify impacts of a project on the environment, predict likely changes on
the environment as a result of the development, evaluate the impacts of the various
alternatives on the project and propose mitigation measures for the significant
negative impacts of the project on the environment.
The EMCA, 1999 requires that during the EIA process a proponent shall in
consultation with the Authority seek views of persons who may be affected by the
project or activity through posters, newspaper, radio and hold at least three public
meetings with the affected parties and communities. The Project proponent pays for
the entire EIA process. The fee payable to NEMA is 0.1% of the project cost.
Environmental Audit (EA) is the systematic documentation, periodic and objective
evaluation of activities and processes of an on-going project. The goal of EA is to
establish if proponents are complying with environmental requirements and
enforcing legislation. The purpose of EA is to determine the extent to which the
activities and programs conform to the approved environmental management plan. A
comprehensive EA ensures a safe and healthy environment at all stages of project
operations and decommissioning.
An initial environmental audit and a control audit are conducted by a qualified and
authorized environmental auditor or environmental inspector who is an expert or a
firm of experts registered by the Authority. In the case of an on-going project the
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Authority requires the proponent to undertake an initial environmental audit study to
provide baseline information upon which subsequent environmental audits shall be
based.
Self-Audits are carried out after the environmental impact assessment study report
has been approved by the Authority or after the initial audit of an on-going project.
The proponent shall take all practical measure to ensure the implementation of the
environmental management plan by carrying out a self-auditing study on a regular
basis.
This Report complies with the requirements of the Environmental Regulations in the
coverage of environmental issues, project details, impacts, legislation, mitigation
measures, management plans and procedures. The Proponent shall be required to
commit to implementing the environmental management plan laid out in this report
and any other conditions laid out by NEMA.
4.6.1.3 Environmental Management and Coordination (Water Quality
Regulations of 2006)
Water Quality Regulations apply to water used for domestic, industrial, agricultural,
and recreational purposes; water used for fisheries and wildlife purposes, and water
used for any other purposes. Different standards apply to different modes of usage.
These regulations provide for the protection of lakes, rivers, streams, springs, wells
and other water sources. The objective of the regulations is to protect human health
and the environment. The effective enforcement of the water quality regulations will
lead to a marked reduction of water-borne diseases and hence a reduction in the
health budget.
The regulations also provide guidelines and standards for the discharge of poisons,
toxins, noxious, radioactive waste or other pollutants into the aquatic environment in
line with the Third Schedule of the regulations. The regulations have standards for
discharge of effluent into the sewer and aquatic environment. While it is the
responsibility of the sewerage service providers to regulate discharges into sewer
lines based on the given specifications, NEMA regulates discharge of all effluent into
the aquatic environment.
Everyone is required to refrain from any actions, which directly or indirectly cause
water pollution, whether or not the water resource was polluted before the
enactment of the Environmental Management and Coordination Act (EMCA) Gazetted
in 1999. It is an offence to contravene the provisions of these regulations with a fine
not exceeding five hundred thousand shillings.
4.6.1.4 Environmental Management and Coordination (Waste Management
Regulations of 2006)
The Minister for Environment and Natural Resources gazetted these regulations in
2006. These Regulations may be cited as the Environmental Management and Coordination (Waste Management) Regulations, 2006. Waste Management Regulations
are meant to streamline the handling, transportation and disposal of various types of
waste. The aim of the Waste Management Regulations is to protect human health and
the environment. Currently, different types of waste are dumped haphazardly posing
serious environmental and health concerns. The regulations place emphasis on waste
minimization, cleaner production and segregation of waste at source.
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4.6.1.5 Environmental Management and Coordination (Noise and Excessive
Vibration Pollution Control) Regulations, 2009
These Regulations determine that no person or activity shall make or cause to be
made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs,
injures or endangers the comfort, repose, health or safety of others and the
environment. In determining whether noise is loud, unreasonable, unnecessary or
unusual, the following factors may be considered:
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Time of the day;
Proximity to residential area;
Whether the noise is recurrent, intermittent or constant;
The level and intensity of the noise;
Whether the noise has been enhanced in level or range by any type of
electronic or mechanical means; and,
Whether the noise is subject to be controlled without unreasonable effort or
expense to the person making the noise.
These regulations also relate noise to its vibration effects and seek to ensure no
harmful vibrations are caused by controlling the level of noise. Any person(s)
intending to undertake activities in which noise is suspected to be injurious or
endangers the comfort, repose, health or safety of others and the environment, must
make an application to NEMA and acquire a license subject to payment of requisite
fees and meeting the license conditions. Failure to comply with these regulations
attracts a fine of KES 350,000 or 18 months jail term or both.
4.6.1.6 Environmental Management
Regulations, 2008)
and
Coordination
(Air
Quality
This regulation is referred to as “The Environmental Management and Coordination
(Air Quality) Regulations, 2008”. The objective is to provide for prevention, control
and abatement of air pollution to ensure clean and healthy ambient air. It provides for
the establishment of emission standards for various sources, including as mobile
sources (e.g. motor vehicles) and stationary sources (e.g. industries) as outlined in the
Environmental Management and Coordination Act, 1999. It also covers any other air
pollution source as may be determined by the Minister in consultation with the
Authority. Emission limits for various areas and facilities have been set. The
regulations provide the procedure for designating controlled areas, and the objectives
of air quality management plans for these areas. The following operations (provided
they are not used for disposal of refuse), are exempt from these regulations:
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4.6.2
Back-burning to control or suppress wildfires;
Firefighting rehearsals or drills conducted by the Fire Service Agencies
Traditional and cultural burning of savannah grasslands;
Burning for purposes of public health protection;
The Traffic Act, 2012
The Traffic Act, 2012 gives provisions and guidelines that govern the Kenya roads
transport sector. These guidelines are essential to private, public and commercial
service vehicles in ensuring safety and sanity on the roads hence ensuring the
environment; the human being a component is safeguarded. In section 41 The Act
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demands for installation and certification of speed governors for the commercial
vehicles ferrying goods adjusted to the loading condition of such vehicles to a limit of
80 KPH, registration and competence of drivers.
Moreover, the owner of commercial vehicles or trailer shall ensure clear markings on
their vehicles in English language on the right side of the vehicle showing ownership
details, tare weight of vehicle and maximum authorized weight.
Section 26 and 27 of the same discourages engines that emit exhaust gases to the
atmosphere without passing via a silencer or expansion chamber
In ensuring safety of all the persons in transit section 56 encourages that every public
and commercial vehicle be fitted with inspected and first class first aid box and fire
extinguisher.
In ensuring compliance to this Act the contractor and developer shall ensure that all
site drivers and all material suppliers to the site satisfy the provisions as stipulated
in Act.
4.6.3
Public Health Act (Cap. 242)
Part IX, section 115, of the Act states that no person/institution shall cause nuisance
or condition liable to be injurious or dangerous to human health. Section 116 requires
that Local Authorities take all lawful, necessary and reasonably practicable measures
to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or
condition liable to be injurious or dangerous to human health. Such nuisance or
conditions are defined under section 118 as waste pipes, sewers, drainers or refuse
pits in such state, situated or constructed as in the opinion of the medical officer of
health to be offensive or injurious to health.
4.6.4
Urban and Cities Act No 13 of 2011
The Act came into function with regard to Article 184 of the Constitution providing
regulations on the classification, governance and management of urban areas and
cities and further providing the criteria of establishing urban areas.
Part III of the Act gives the regulations and functions of every city or municipality
with regard to integrated development plans, which shall include but not limited to
environmental plans and disaster preparedness, within the area of jurisdiction in
achieving objects of devolved governments under section 174 of the constitution
while maintaining the socio-economic rights of the people.
Moreover, in the first schedule, the Act enlists the services the services that the any
municipality/ City shall provide to its residents which include but not limited to
traffic control and parking, water and sanitation, refuse collection, solid waste
management, pollution abatement services among others.
The Nairobi City County Planning and Environment Department have been actively
involved in the planning of this development as from its initial stages.
4.6.5
The Land Act, 2012
This is an ACT of Parliament to give effect to Article 68 of the Constitution, to revise,
consolidate and rationalize land laws; to provide for the sustainable administration
and management of land and land based resources, and for connected purposes.The
Land Act of 2012 subsection (1) states that ‘any land may be converted from one
category to another in accordance with the provisions of this Act or any other written
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law.’ it continues to state in subsection (2) that Without prejudice to the generality of
subsection (1)
a) Public land may be converted to private land by alienation
b) Subject to public needs or in the interest of defence, public safety, public order,
public morality, publichealth, or land use planning, public land may be
converted to community land
c) private land may be converted to public land by
i.
Compulsory acquisition;
ii.
Reversion of leasehold interest to Government after the expiry of a
lease; and
iii.
Transfers; or
iv.
Surrender.
(d)
Community land may be converted toeither private or public land in
accordance with the law relating to community land enacted pursuant to Article
63(5) of the Constitution.
It is important to note that any substantial transaction involving the conversion of
public land to private land shall require approval by the National Assembly or county
assembly
as the case may be.
Part I of the same Act states that title to land may be acquired through—
(a) allocation;
(b) land adjudication process;
(c) compulsory acquisition;
(d) prescription;
(e) settlement programs;
(f) transmissions;
(g) transfers;
(h) long term leases exceeding twenty-one years created out of private land; or
(i)any other manner prescribed in an Act of Parliament.
Part viii of this ACT provides procedures for compulsory acquisition of interests in
land. Section 111 (1) States that if land is acquired compulsorily under this Act, just
compensation shall be paid promptly in full to all persons whose interests in the land
have been determined. The Act also provides for settlement programmes. Any dispute
arising out of any matter provided for under this Act may be referred to the Land and
Environment Court for determination.
In ensuring that no contravention to this Act is done, the proponent acquired the land
through a 99 years leasehold and has applied for necessary approvals requisite to the
proposed development i.e. amalgamation and change of user approvals.
It will also be prudent for the proponent to ensures compliance on the Act’s
provisions on settlement matters since the site currently has a few ongoing
enterprises running: 3 juakaligarages, a kiosk and restaurant with an average number
of 50 employees who are actively dependent upon these business set ups.
4.6.6
The Land Registration Act, 2012
The Land Registration Act is place to revise, consolidate and rationalize the
registration of titles to land, to give effect to the principles and objects of devolved
government in land registration, and for connected purposes. This Act applies to
Subject to section 4, this Act shall apply to:
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Registration of interests in all public land as declared by Article 62 of the
Constitution;
Registration of interests in all private land as declared by Article 64 of the
Constitution; and
Registration and recording of community interests in land.
Section 24 states that: (a) the registration of a person as the proprietor of land shall
vest in that person the absolute ownership of that land together with all rights and
privileges belonging or appurtenant thereto; and (b) the registration of a person as
the proprietor of a lease shall vest in that person the leasehold interest described in
the lease, together with all implied and expressed rights and privileges belonging or
appurtenant thereto and subject to all implied or expressed agreements, liabilities or
incidents of the lease.
In ensuring that no contravention to this Act is done, the proponent acquired the land
through a 99 years leasehold and has applied for necessary approvals requisite to the
proposed development i.e. amalgamation and change of user approvals. The copies of
the application of change of use is attached to this report as annex 8.
4.6.7
The Environment and Land Court Act, 2011
This Act is in place to give effect to Article 162(2) (b) of the Constitution; to establish
a superior court to hear and determine disputes relating to the environment and the
use and occupation of, and title to, land, and to make provision for its jurisdiction
functions and powers, and for connected purposes.
This Act shall of great essence to the proponent, public, interested or affected party
that may want to litigate against the development on settlement issues, location of
project or even effects of the project to the public
4.6.8
The National Land Commission Act, 2012 (No. 5 of 2012)
Section 5 of the Act outlines the Functions of the Commission, pursuant to Article
67(2) of the Constitution as follows 5(1):
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to manage public land on behalf of the national and county governments;
to recommend a national land policy to the national government;
to advise the national government on a comprehensive programme for the
registration of title in land throughout Kenya;
to conduct research related to land and the use of natural resources, and make
recommendations to appropriate authorities;
to initiate investigations, on its own initiative .or on a complaint, into present
or historical land injustices, and recommend appropriate redress;
to encourage the application of traditional dispute resolution mechanisms in
land conflicts;
to assess tax on land and premiums on immovable property in any area
designated by law; and
To monitor and have oversight responsibilities over land use planning
throughout the country.
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Water Act, 2002
The Water Act, 2002 provides the legal framework for the management, conservation,
use and control of water resources and for the acquisition and regulation of right to
use water in Kenya. It also provides for the regulation and management of water
supply and sewerage services. In general, the Act gives provisions regarding
ownership of water, institutional framework, national water resources, management
strategy, and requirement for permits, state schemes and community projects. Part IV
of the Act addresses the issues of water supply and sewerage. Specifically, section 59
(4) of the Act states that the national water services strategy shall contain details of:

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Existing water services
The number and location of persons who are not being provided with basic
water supply and basic sewerage
Plans for the extension of water services to underserved areas
The time frame for the plan; and
An investment programme
Part II, section 18, of the Water Act 2002 provides for national monitoring and
information system on water resources. Following on this, sub-section 3 allows the
Water Resources Management Authority (WRMA) to demand from any person or
institution, specified information, documents, samples or materials on water
resources. Under these rules, specific records may require to be kept by a facility
operator and the information thereof furnished to the Authority.
The proponent and all the allied stakeholders to the project shall ensure proper water
use, management and conservation. In the event of borehole drilling WRMA shall be
consulted by the project hydro geologists for the purpose of attaining permits for
borehole sinking.
4.6.10
The Energy Act of 2006
The Energy Act 2006 was enacted on 2nd January 2007. The Act establishes an Energy
Regulatory Commission mandated to perform all function that pertains to energy
production, transmission, setting and enforcing of energy policies, Public education
and enforcing energy conservation strategies, prescribing the energy licensing
process and issuing of licenses that pertain to energy sector in Kenya. Section 30 of
the Act provides the factors that shall be taken into consideration prior to issuance of
license. It states the need and expression of an entity to conserve and protect the
environment and natural resources in accordance to the Environmental and
Coordination Act of 1999 (No. 8 of 1999), moreover, the Act gives provisions for the
need to protect health and safety of users of energy by providing an enabling
environment of operation that protects the health and safety of users of the service
for which the license or permit is required and other members of the public affected
by the undertaking.
The provisions of this Act have and will be enforced by the proponent in consultation
with the project EHS experts, planners and electrical consultants in ensuring the best
practices are ensured for sustainable energy use while attaining public health and
safety.
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Building Code 2000
Section 194 requires that where sewer exists, the occupants of the nearby premises
shall apply to the Local Authority for a permit to connect to the sewer line and all the
wastewater must be discharged into sewers.
The proponent will dully make the necessary application to the NCWSC for the
connection of the sewer to the proposed development.
4.6.12
Occupational Safety and Health Act (OSHA 2007)
Before any premises are occupied, or used a certificate of registration must be
obtained from the chief inspector. The occupier must keep a general register. The Act
covers provisions for health, safety and welfare.
Health
The premise must be kept clean, daily removal of accumulated dust from floors, free
from effluvia arising from any drain, sanitary convenience or nuisance and without
prejudice to the generality of foregoing provision. A premise must not be
overcrowded, there must be in each room 10 meters of space for each employee, not
counting space 14 feet from the floor and a 9 feet floor-roof height.
The circulation of fresh air must secure adequate ventilation of workrooms. There
must be sufficient and suitable lighting in every part of the premise in which persons
are working or passing. There should also be sufficient and suitable sanitary
conveniences separate for each sex, must be provided subject to conformity with any
standards prescribed by rules. Food and drinks should not be partaken in dangerous
places or workrooms.
Provision of suitable protective clothing and appliances including where necessary,
suitable gloves, footwear, goggles, gas masks, and head covering, and maintained for
the use of workers in any process involving expose to wet or to any injurious or
offensive substances.
Safety
Fencing of premises and dangerous parts of other machinery is mandatory. Training
and supervision of inexperienced workers, protection of eyes with goggles or effective
screens must be provided in certain specified processes. Floors, passages, gangways,
stairs, and ladders must be soundly constructed and properly maintained and
handrails must be provided for stairs.
Special precaution against gassing is laid down for work in confined spaces where
persons are liable to overcome by dangerous fumes. Air receivers and fittings must be
of sound construction and properly maintained. Adequate and suitable means for
extinguishing fire must be provided in addition to adequate means of escape in case
of fire must be provided.
Welfare
An adequate supply of both quantity and quality of wholesome drinking water must
be provided. Maintenance of suitable washing facilities, accommodation for clothing
not worn during working hours must be provided. Sitting facilities for all female
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workers whose work is done while standing should be provided to enable them take
advantage of any opportunity for resting.
Section 42 stipulates that every premise shall be provided with maintenance, readily
accessible means for extinguishing fire and person trained in the correct use of such
means shall be present during all working periods.
Section 45 states that regular individual examination or surveys of health conditions
of industrial medicine and hygiene must be performed and the cost will be met by the
employer. This will ensure that the examination can take place without any loss of
earning for the employees and if possible within normal working hours.
Section 55B provides for development and maintenance of an effective programme of
collection, compilation and analysis of occupational safety. This will ensure that
health statistics, which shall cover injuries and illness including disabling during
working hours, are adhered.
The proponent will ensure that safety is put first through by contacting atleast four
on-site EHS officer who will ensure adherence to proposed EHS bet practices and
ESMP recommendations on all sections of the development.
4.6.13
The Standards Act Cap. 496
The Act is meant to promote the standardization of the specification of commodities,
and to provide for the standardization of commodities and codes of practice; to
establish a Kenya Bureau of Standards, to define its functions and provide for its
management and control. Code of practice is interpreted in the Act as a set of rules
relating to the methods to be applied or the procedure to be adopted in connection
with the construction, installation, testing, sampling, operation or use of any article,
apparatus, instrument, device or process.
The developer has to comply with the provisions of the Act to ensure the overall
safety of the development by ensuring strict vetting of material to be used in the
construction. Thorough scrutiny of these material and frequents monitoring will be
done by the construction supervisory staff on site such the Resident Engineers’, EHS
and Clerk of Works office.
4.6.14
Physical Planning Act (Cap 286)
An Act of Parliament to provide for the preparation and implementation of physical
development plans and for connected purposes enacted by the Parliament of Kenya
Under this Act, no person shall carry out development within the area of a local
authority without a development permission granted by the local authority under
section 33. The local authority concerned shall require the developer to restore the
land on which such development has taken place to its original condition within a
period of not more than ninety days. If on the expiry of the ninety days’ notice given
to the developer such restoration has not been effected the concerned local authority
shall restore the site to its original condition and recover the cost incurred thereto
from the developer.
The developer has ensured this is affected and enforced at the initial stage. Attached
in the appendices as annex 8is proof of engagement with the NCC planning
department.
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Employment Act No 11 of 2007
The Act is enacted to consolidate the law relating to trade unions and trade disputes,
to provide for the registration, regulation, management and democratization of trade
unions and employers organizations and federations. Its purpose is to promote sound
labour relations through freedom of association, the encouragement of effective
collective bargaining and promotion of orderly and expeditious dispute the protection
and promotion of settlement conducive to social justice and economic development
for connected purposes. This Act is important since it provides for employer –
employee relationship that is important for the activities that would promote
management of the environment within the housing sector.
The developer, the contractor and theemployees’ relationship during the construction
and later phases of this project shall be guided by this Act.
4.6.16
Penal Code Cap 63
Section 191 of the penal code states that if any person or institution that voluntarily
corrupts or foils water from public springs or reservoirs, rendering it less 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, dwelling or business premises in the neighbourhood or those passing
along public way, commit an offence.
4.6.17
The Tourism Act, No. 28 of 2011
In the Ninth Schedule of the Act, Hotels are classified under the Class ‘A’ Enterprises
as tourist attraction areas hence governed by the provisions in the regulations
provided in the Act. The proposed development has a hotel as one of the major
components.
Part III, section 4 to 7, through the Act the Tourism Regulatory Authority was formed
with a mandate of overseeing all tourism related activities in Kenya which include but
not limited registration, licensing and developing and implementing of a code of
conduct within the tourism sector.
4.6.18
County Governments Act, 2012
This Act vests responsibility upon the County Governments in planning of
development projects within their areas of jurisdiction be it projects of importance to
the local County government or those of national importance.
Section 102 of the Act provides the principles of planning and development
facilitation which include integration of national values in county planning, protect
the right to self-fulfillment within the county communities and with responsibility to
future generations, protection of rights of minorities and marginalized groups and
communities, promotion of equity resource allocation, among others.
Section 103 of the Act outlines the prime objective of county planning which aligned
to the bill of rights and the constitution of Kenya.
Section 114 and 115 indicate and give guidelines in planning of projects of national
significance and instill the aspect of public participation in every aspect of the
planning process through that: clear strategic environmental assessments; clear
environmental impact assessment reports; expected development outcomes; and
development options and their cost implications.
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Each county assembly is tasked with the role to develop laws and regulations giving
effect to the requirement for effective citizen participation in development planning
and performance management within the county.
The project proponent has initiated the process of County Government engagement in
the initial project planning through application of essential development approvals
from NCC.
4.7 Relevant Multilateral International Treaties
4.7.1 The Rio Declaration and Agenda 21
The Rio Declaration and Agenda 2, the action plan for the 21st century are two nonlegally binding instruments adopted by the 1992 United Nations Conference on the
Environment and Development (UNCED). While the Rio Declaration contains general
principles and objectives, Agenda 21 contains detailed guidance on their practical
implementation. Principle 4 of the Rio Declaration provides that in order to achieve
sustainable development environmental protection shall constitute an integral part of
the development process and cannot be considered in isolation from it. Principle 25
accentuates this by stating that peace, development and environmental protection are
interdependent and indivisible.
.
4.7.2 The World Commission on Environment and Development (The
Brundtland Commission of 1987)
The Commission in its 1987 report dubbed “Our Common Future” focused on the
environmental aspects of development, in particular the emphasis on sustainable
development that produces no lasting damage to the biosphere and to particular
ecosystems. In addition to environmental sustainability is economic and social
sustainability. Economic sustainable development is development for which progress
towards environmental and social sustainability occurs within available financial
resources. While social sustainable development is development that maintains the
cohesion of a society and its ability to help its members work together to achieve
common goals, while at the same time meeting individual needs for health and wellbeing, adequate nutrition, and shelter, cultural expression and political involvement.
The key aspect of sustainability is the interdependence of generations.
The concept of EIA is embodied in many multilateral environmental agreements.
Principle 17 of the Rio Declaration provides that environmental impact assessment as
a national instrument shall be undertaken for proposed activities that are likely to
have a significant impact on the environment and are subject to a decision of a
competent national authority.
4.7.3 United Nations Framework Convention on Climate Change (UNFCC)
The United Nations Framework Convention on Climate Change provides the basis for
concerted international action to mitigate climate change and to adapt to its impacts.
Its provisions are far-sighted, innovative and firmly embedded in the concept of
sustainable development. With 189 Parties, the Convention has nearly a universal
membership.
According to Article 2, the Convention’s ultimate objective is “to achieve, in
accordance with the relevant provisions of the Convention, stabilization of
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greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic [originating in human activity] interference with the
climate system”. This objective is qualified in that it “should be achieved within a time
frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure
that food production is not threatened and to enable economic development to
proceed in a sustainable manner”. In stating this objective, the Convention reflects
concerns that the earth’s climate system is threatened by a rise in atmospheric
greenhouse gas (GHG) concentrations, which is caused by increased anthropogenic
GHG emissions. The Convention does not state a limit for total anthropogenic GHG
emissions which would have to be respected to reach the objective. Nor does it
indicate the level of total GHG concentrations beyond which “dangerous
anthropogenic interference with the climate system” would occur. Estimates of where
these levels lie evolve continually with scientific advances and are complicated by the
political need to take into account the changing ability of societies to adapt to climate
change. Another important factor is that stabilizing atmospheric concentrations of
GHGs near current levels would actually require a steep reduction of current
emissions. This is because, once emitted, GHGs remain in the atmosphere for a
considerable length of time: carbon dioxide, for instance, stays in the climate system,
on average, for a century or more.
4.8
World Bank Environmental and Social Performance Standards
4.8.1 World Bank Performance Standards,
The World Bank’s environmental and social performance standards are a cornerstone
of its support to sustainable poverty reduction. The objective of these policies is to
prevent and mitigate undue harm to people and their environment in the
development process. These policies provide guidelines for Bank and borrower staffs
in the identification, preparation, and implementation of programs and projects. In
essence, the performance standards ensure that environmental and social issues are
evaluated in decision making, help reduce and manage the risks associated with a
project or program, and provide a mechanism for consultation and disclosure of
information.
4.8.1.1
Performance Standard 1 (Environmental Assessment)
Performance Standard 1 underscores the importance of managing environmental and
social performance throughout the life of a project. An effective Environmental and
Social Management System (ESMS) is a dynamic and continuous process initiated and
supported by management, and involves engagement between the
developer/proponent, its workers, local communities directly affected by the project
and, where appropriate, other stakeholders. The Standard covers impacts on the
natural environment (air, water and land); human health and safety; physical cultural
resources; and trans-boundary and global environment concerns. A range of
instruments can be used to conduct Environmental Assessments i.e. EIA,
Environmental Audit, hazard or risk assessment and Environmental Management
Plan (EMP). The Borrower is responsible for carrying out the EIA.
The performance standard has the following objectives:
 To identify and evaluate environmental and social risks and impacts of the
project.
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


4.8.1.2
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To adopt a mitigation hierarchy to anticipate and avoid, or where
avoidance is not possible, minimize, and, where residual impacts remain,
compensate/offset for risks and impacts to workers, Affected Communities,
and the environment.
To promote improved environmental and social performance of project
proponent through the effective use of environmental management
systems.
To promote and provide means for adequate engagement with Affected
Communities such as the immediate neighbors and project beneficiaries
throughout the project cycle on issues that could potentially affect them
and to ensure that relevant environmental and social information is
disclosed and disseminated.
Performance standard 2 (Labour and Working Conditions)
This standard’s provisions have been guided by the International Labor Organization
(ILO) and the United Nation and it recognizes that the pursuit of economic growth
through employment creation and income generation should be accompanied by
protection of the fundamental1 rights of workers. For any business, the workforce is a
valuable asset, and a sound worker-management relationship is a key ingredient in
the sustainability of a company. Failure to establish and foster a sound workermanagement relationship can undermine worker commitment and retention, and can
jeopardize a project.
Conversely, through a constructive worker-management relationship, and by treating
the workers fairly and providing them with safe and healthy working conditions,
project proponents/developer may create tangible benefits, such as enhancement of
the efficiency and productivity of their operations.
With one of its key objectives being promotion of compliance with national
employment and labor laws it thus gives provisions in ensuring Occupational Health
and Safety of workers for any development projects.
4.8.1.3
Performance Standard 3 (Resource Efficiency and Pollution
Prevention)
This performance standard recognizes that increased economic activity and
development often generate increased levels of pollution to air, water, and land, and
consume finite resources in a manner that may threaten people and the e
environment at the local, regional, and global levels. There is also a growing global
consensus that the current and projected atmospheric concentration of greenhouse
gases (GHG) threatens the public health and welfare of current and future
generations. At the same time, more efficient and effective resource use and pollution
prevention and GHG emission avoidance and mitigation technologies practices have
become more accessible and achievable in virtually all parts of the world. These are
often implemented through continuous improvement methodologies similar to those
used to enhance quality or productivity, which are generally well known to most
industrial, agricultural, and service sector companies.
This Performance Standard outlines a project-level approach to resource efficiency
and pollution prevention and control in line with internationally disseminated
technologies and practices.
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The objectives of this standard are applicable to the Proposed AVIC International
Africa Headquarters project:
 To avoid or minimize adverse impacts on human health and the
environment by avoiding or minimizing pollution from project activities.
 To promote more sustainable use of resources, including energy and water.
 To reduce project-related GHG emission such us by use integrated Pest
Management Methods (IPM) in agriculture hence reducing use of aerosols.
4.8.1.4
Performance Standard 4 (Community Health, Safety, and Security)
The standard recognizes that project activities, equipment, and infrastructure can
increase community exposure to risks and impacts. In addition, communities that are
already subjected to impacts from climate change may also experience an
acceleration and/or intensification of impacts due to project activities. While
acknowledging the public authorities’ role in promoting the health, safety, and
security of the public, this Performance Standard addresses the developer’s
responsibility to avoid or minimize the risks and impacts to community health, safety,
and security that may arise from project related-activities, with particular attention to
vulnerable groups.
In conflict and post-conflict areas, the level of risks and impacts described in this
Performance Standard may be greater.
The risks that a project could exacerbate an already sensitive local situation and
stress scarce local resources should not be overlooked as it may lead to further
conflict.
The objectives that are in line with the Proposed AVIC International Africa
HeadquartersProject are:
 To anticipate and avoid adverse impacts on the health and safety of the
Affected Community during the project life from both routine and nonroutine circumstances.
 To ensure that the safeguarding of personnel and property is carried out in
accordance with relevant human rights principles and in a manner that
avoids or minimizes risks to the Affected Communities.
4.8.1.5
Performance Standard 5 (Land Acquisition and Involuntary
Resettlement)
Performance Standard 5 identifies that project-related land acquisition and
restrictions on land use can have adverse impacts on communities and persons that
use this land. Involuntary resettlement involves both to physical displacement
(relocation or loss of shelter) and to economic displacement (loss of assets or access
to assets that leads to loss of income sources or other means of livelihood ) as a result
of project-related land acquisition and/or restrictions on land use. Resettlement is
considered involuntary when affected persons or communities do not have the right
to refuse land acquisition or restrictions on land use that result in physical or
economic displacement. This occurs in cases of (i) lawful expropriation or temporary
or permanent restrictions on land use and (ii) negotiated settlements in which the
buyer can resort to expropriation or impose legal restrictions on land use if
negotiations with the seller fail.
To help avoid expropriation and eliminate the need to use governmental authority to
enforce relocation, clients are encouraged to use negotiated settlements meeting the
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requirements of this Performance Standard, even if they have the legal means to
acquire land without the seller’s consent.
The objectives of this standard are:
 To avoid, and when avoidance is not possible, minimize displacement by
exploring alternative project designs.
 To avoid forced eviction.
 To anticipate and avoid, or where avoidance is not possible, minimize adverse
social and economic impacts from land acquisition or restrictions on land use
by (i) providing compensation for loss of assets at replacement cost and (ii)
ensuring that resettlement activities are implemented with appropriate
disclosure of information, consultation, and the informed participation of
those affected.
 To improve, or restore, the livelihoods and standards of living of displaced
persons.
 To improve living conditions among physically displaced persons through the
provision of adequate housing with security of tenure5 at resettlement sites.
4.8.1.6
Performance Standard 7 (Indigenous People)
Performance Standard 7 recognizes that Indigenous Peoples, as social groups with
identities that are distinct from mainstream groups in national societies, are often
among the most marginalized and vulnerable segments of the population. In many
cases, their economic, social, and legal status limits their capacity to defend their
rights to, and interests in, lands and natural and cultural resources, and may restrict
their ability to participate in and benefit from development. Indigenous Peoples are
particularly vulnerable if their lands and resources are transformed, encroached
upon, or significantly degraded. Their languages, cultures, religions, spiritual beliefs,
and institutions may also come under threat. As a consequence, Indigenous Peoples
may be more vulnerable to the adverse impacts associated with project development
than non-indigenous communities. This vulnerability may include loss of identity,
culture, and natural resource-based livelihoods, as well as exposure to
impoverishment and diseases. Private sector projects can create opportunities for
Indigenous Peoples to participate in, and benefit from project related activities that
may help them fulfill their aspiration for economic and social development.
Furthermore, Indigenous Peoples may play a role in sustainable development by
promoting and managing activities and enterprises as partners in development.
Government often plays a central role in the management of Indigenous Peoples’
issues, and clients should collaborate with the responsible authorities in managing
the risks and impacts of their activities.
The major objectives these standards are:



To ensure that the development process fosters full respect for the human
rights, dignity, aspirations, culture, and natural resource-based livelihoods of
Indigenous Peoples.
To anticipate and avoid adverse impacts of projects on communities of
Indigenous Peoples, or when avoidance is not possible, to minimize and/or
compensate for such impacts.
To promote sustainable development benefits and opportunities for
Indigenous Peoples in a culturally appropriate manner.
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To establish and maintain an ongoing relationship based on Informed
Consultation and Participation with the Indigenous Peoples affected by a
project throughout the project’s life-cycle.
To ensure the Free, Prior, and Informed Consent of the Affected Communities
of Indigenous Peoples when the circumstances described in this Performance
Standard are present.
4.8.1.7
Performance Standard 8 (Cultural Heritage)
Performance Standard 8 affirms the importance of cultural heritage for current and
future generations. Consistent with the Convention Concerning the Protection of the
World Cultural and Natural Heritage, this Performance Standard aims to ensure that
developers protect cultural heritage in the course of their project activities. In
addition, the requirements of this Performance Standard on a project’s use of cultural
heritage are based in part on standards set by the Convention on Biological Diversity.
Objectives


The objectives the standards are:-To protect cultural heritage from the
adverse impacts of project activities and support its preservation.
To promote the equitable sharing of benefits
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5 CONSULTATIVE PUBLIC PARTICIPATION
5.1
Introduction
This chapter describes the process of the public consultation/participation followed
to identify the key issues and impacts of the proposed AVIC International
Headquarters development in Westlands. Views from the general public, local leaders,
surrounding institutions and development partners who in one way or the other
would be affected by the proposed project were sought were sought through oral
interviews and administering of questionnaires. Door to door public consultations
were conducted for the stakeholders neighbouring the project site. A public meeting
(baraza) was also held in order to solicit the opinion of the neighbouring community
and also ensure comprehensiveness in the ESIA study as stipulated in the
Environment Management and Coordination Act, 1999. Public consultation was
conducted by a team of qualified EIA experts between 27th February 2015 and 28th
February 2015, while the public meeting was held on 30thApril 2015 and the findings
were comprehensively analyzed. The comprehensive minutes of the public meeting is
attached in this report as annex 9. The various concerns and proposed mitigation
measures suggested by the public, neighbours and other stakeholders have been
integrated in the report.
5.2
Objectives of the consultation and public participation
The objective of the Consultation and Public Participation (CPP) as required in EMCA,
1999 was to:1. Disseminate and inform the public and other stakeholders about the proposed
AVIC International Africa Headquarter project with special reference to its key
components, location and anticipated impacts.
2. Create awareness among the public on the need for the ESIA for the proposed
project.
3. Gather comments, concerns and suggestions of the interested and, would be
affected/interested parties.
4. Ensure that the concerns of the interested and, would be affected/interested
parties were known to the decision-making bodies and the proponent at an
early phase of project development planning.
5. Establish a communication channel between the interested, would be
affected/interested parties, the team of consultants and the Government.
6. Incorporate the information collected in the study by EIA Experts.
The purpose for such a process was to identify the positive and negative impacts of
the project and subsequently suggest mitigation measures. It also helped in
identifying other miscellaneous issues which may bring conflicts during project
implementation phase.
5.3
Stakeholders’ consultation
Various stakeholders and affected parties were consulted during the ESIA process
(see list of the people/Stakeholders consulted in the table below). A comprehensive
list of the people/stakeholders who participated in the interviews and public meeting
and the respective minutes are attached as annex 9of this report. Annex 10 provides
the stakeholders comments, opinions, views and concerns.
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Table 5: List of members of the public consulted
S/N
1.
NAME
Kevin Munge
2.
3.
4.
5.
Akbar Ali Sadique
Chetan Pale
Nzinla Gran
Allan Ochieng
6.
7.
8.
9.
10.
Tom Wafula
Raphael T. Muta
John Mutai
VeronicahMuchai
Moses Khaimba
11.
12.
Dan
Stephen Mutua
13.
Boaz K.
14.
15.
Simon Mwangi
Gerald Maina
16.
Simon Mulwa
17.
18.
RakeshSethi
Alex Munyithya
19.
Kyalo P.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Eve K.
Harshes J. Patel
Mohammed Y. A.
William Rasowo
Mingja Liu
Raphael
Joseph Busienei
NehemiaLangu
SamwelWafula
Joseph Rotich
EliuGitau
Ash
Odhiambo
Benson Gitau
KiplagatRono
Moses Dennis
Victor Tanui
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DESIGNATION
Manager – Mumtaz Food
Court (Mash Auto)
Mumtaz Food Court
Manager -Prime Steel
B.M – Orbit Place
Sales Consultant - Orbit
Place
Businessman
Businessman
Shopkeeper/Businessman
Rose Wood (Orbit Place)
Employee
Shamuras
Restaurant
Shamuras Restaurant
Management
Representative - Chiromo
Villas
Employee - Crown Motors
Garage
Imperial Court Management
Land Valle Apartments
representative
ARM Cement Headquarters
representative
ARM Cement Headquarters
Westlands Business park
management
Misha
Tower
Representative
Chiromo Lane Medical
Four Greenway
Zanzibar Curio Shop
Property Caretaker
AVIC Marketer
On-site Garage employee
Villa Rosa Kempinski
Tafriro Garage employee
Tafriro Garage Employee
Orbit Place Management
Mash Auto
Mash Auto
Deilux
Viliaget Apartments
Archismart Creations Ltd.
PHONE NO.
0723045845
0722446319
0712816615
0715532071
0725826331
0720333171
0731497408
0722904377
0713407246
0717434279
0722263291
072388053
0700352002
0726253632
0722433995
0714918243
0733636433
0727776146
0710709846
0720673296
0722521625
0731403715
0720773220
0716963492
0723250771
0722862652
0700352002
0714212165
0720439164
0725589969
0722704085
0722537780
0726939324
0704020772
0721101920
0721766393
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37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
Alieada David
Daniel Shamelo
Joel Kabungi N.
Caroline Ray
M. I. Mwangi
Wang Yafang
Yang Fan
Gary Zhao
Wei Feng
Prof. Gideon Nyamasyo
John Oirere
Stephen Omondi
John Oduor
Christopher Odhiambo
Eng. Peter Mwangi
Clifford Siocha
Prof. J. K. Kibwage
JacktonMarani
Walley Tony
ShadrackTeilok
Laban Kiplimo
Afran
Nyagah Victor
Martina Aloo
LilianAnjiko
Lawrence Wachira
Eng. Raymond Karani
64.
Julius Kibwage
5.4
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ARM Cement Limited
ARUP – East Africa
KCAA
AVIC
AVIC
AVIC
AVIC
UoN – Chiromo Campus
AWEMAC
J.J. Garage – Westlands
Pestavic EHS Services
AWEMAC – ESIA Consultant
AWEMAC – ESIA Consultant
Lavington Security
Lavington Security
Lavington Security
Lavington Security
Mashallah Auto
D.S.R. – National Bank
K.U.R.A representative
National
Construction
Authority
Triad Architects
0720408247
0729824668
0721683102
0707886905
0721342456
0701943809
0717430196
0704460358
0772093617
0722874591
0722129027
0720995404
0703291882
0721835416
0722259168
0710967844
0722479061
0728744088
0720393723
0725359406
0708577479
0705921786
0722269011
0714849643
0710432228
0726220121
0722769538
0722510547
List of identified key stakeholders consulted
Neighbouring Property and Business owners
AVIC International Real Estate (K) Limited
The Design Engineers
The Environmental Consultants
Traffic Engineers
Project Planners
Nairobi City County Planning Department
Nairobi City County Environment Department
Kenya Urban Road Authority (KURA)
Nairobi City Water and Sewerage Company (NCWSC)
Kenya Civil Aviation Authority (KCAA)
National Construction Authority (NCA)
The Project Architects
Quantity Surveyors
Business Enterprises on the plot (Shamuras Restaurant, 2 kiosks and 3
juakalimotors garages)
 Project Structural Engineer
 Misha Tower Occupants
 Westlands Business park















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








5.5
ESIAStudy Report
ARM Cement Head quarters
Land Valle Apartments
Imperial Court (Capital Club) Management and Occupants
Chiromo Villas Occupants
Orbit Place Management and Occupants
Villa Rosa Kempinski Hotel
University of Nairobi
Mirage Towers Management
Westlands Business Association
Methodology used in the CPP
The Consultation and Public Participation (CPP) Process is a policy requirement by
the Government of Kenya and a mandatory procedure as stipulated by EMCA 1999
section 58, on Environmental Impact Assessment for the purpose of achieving the
fundamental principles of sustainable development. It is an environmental and social
assessment exercise which will be conducted during the project study.
The purpose for such interviews is to identify the positive and negative impacts and
subsequently promote proposals on the best practices to be adopted and mitigate the
negative impacts respectively. It will also help in identifying any other miscellaneous
issues which may bring conflicts in case project implementation proceeds as planned.
In general, the following Steps will be followed in carrying out the entire CPP
process:I. Identification of institutions and individuals interested in the processdatabase of the interested and affected parties
II. Administration of questionnaires to the different target groups and local
community members along the proposed project Site
5.6
Background of CPP
From the field work, it was apparent that the majority of the stakeholders were aware
of the proposed project development and the direct impacts. The proposed
construction of the residential, commercial, hotel and office development units was
nevertheless received with mixed reactions by the community as they anticipated
numerous impacts both negative and positive. The local communities and major
stakeholders independently gave their views, opinions, and suggestions as in the best
of their interest and in the interest of the factors that affected the circumstances,
influences, and conditions under which their organizations exist.
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Plate 17: Presentation by the ESIA lead expert and the Client during the public
meeting
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Plate 18: Various stakeholders keenly following the proceedings during the public
meeting
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Plate 19: Stakeholders airing their views and concerns during the public meeting
5.7
Issues identified during the site visit and the public meeting
This sub-section covers the views, concerns and opinions of the key stake holders
(local leaders, neighbors, institutions/organizations, interested persons or groups
and affected persons). It highlights both positive and negative socio-economic and
environmental impacts anticipated during the construction and operational phases of
the project. This is followed by suggested mitigation measures that the developer
should incorporate to minimize environmental degradation and promote sustainable
development. This section ends by highlighting the opinions and expectations of the
stakeholders.
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5.7.1
Positive issues raised
5.7.1.1
Creation of Employment Opportunities
ESIAStudy Report
The local community was optimistic that the construction of the proposed AVIC
International Africa Headquarters project will open up new fields of employment.
Despite the fact that most of the project will need skilled labour force, the people
expressed hope that they will be able to access employment once the project
commences mostly as casual workers. However, they wanted assurance that the
locals will be given the first priority for employment once the construction of the
project begins. This will be a source of income for several individuals and households
and hence is expected to boost the GDP and improve the living standards of the local
people.
5.7.1.2
Increased office, hotel and residential units
Neighbours and the general public interviewed were of the opinion that the proposed
development will come along with a gain in the general residential, office and hotel
units which are not adequate at the moment. Such facilities are limited within the
project area, and Nairobi at large, hence the implementation of the proposed project
will be beneficial.
5.7.1.3
Potential growth of the economy
Through the use of locally available materials during the construction phase of the
proposed project, material such as cement, concrete and ceramic tiles, timber, sand,
ballast electrical cables etc., the project will contribute towards growth of the
economy by contributing to the gross domestic product. The consumption of these
materials, fuel, oil and others will attract taxes including VAT which will be payable to
the government hence increasing government revenue while the cost of these raw
materials will be payable directly to the producers.
5.7.1.4
Provision of market for supply of building materials
During the construction phase of the proposed project, it was found out that the
neighbouring businesses and locals interviewed who dealt with supply of building
materials will benefit from supplying the materials and this will improve their
business opportunities. Among the identified materials which can be supplied
included cement from the neighboring ARM Cement Limited, steel from the
neighbouring Prime Steel Limited, among others.
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5.7.1.5
ESIAStudy Report
Increase in government revenue
The public and the various stakeholders interviewed expressed their optimism that
there will be an increase in revenue collection due to the fact that there will be an
increase in business opportunities within the project area and beyond.
5.7.1.6
Optimal use of land
The public interviewed were optimistic that the construction of the AVIC
International Africa Headquarter within the proposed location will lead to opening up
the area by adding more office, apartments, hotel and parking space that ensures
optimal land use as compared to the current use or any perceived future use of the
said plot.
5.7.1.7
Increased value of land
The public expressed confidence that once the project will be completely constructed;
many investors will opt to buy land near the project site. This they say is bound to
push high the demand for land along and near the site which in turn will increase the
value of land in the areas surrounding.
5.7.1.8 Increased Security in the area due to lighting provision at night
and 24 hour CCTV surveillance.
The local residents and businesses were optimistic that the establishment of the
project will lead to improved security situation in the neighbourhood due to the
lighting provisions at night and 24 hours CCTV surveillance which is currently not in
place. This will also enhance the working morale in the neighbouring businesses.
5.7.1.9
Improvement of road infrastructure
The neighbours were optimistic that once the proposed project is completed, the
nearby roads will be repaired and pathways established. The current road is narrow
and does not have a paved pathway. The proposed project encompasses the
wideningof the nearby road (Chiromo Lane)and paving walkways used by
pedestrians.
5.7.2
Negative Issues
5.7.2.1
Potential Water Pollution
From the public consultation conducted, it was found out that there will be a potential
pollution of the water resources nearby. The waste water which will emanate from
the construction activities together with the storm water runoff will all contribute to
the water pollution of the neighbouring Nairobi River.
5.7.2.2
Noise Pollution
The residents and neighbours expressed their fears over noise pollution that would
emanate from the construction works and the vehicles during the operation phase.
Sensitive neighbouring businesses like Villa RossaKempinski Hotel stated that noise
will make the hotel lose its clients due to the noise.
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The lead expert indicated that appropriate measures to minimize noise impacts will
be put in place. Construction activities that produce too much noise will be limited to
daytime. Appropriate protective equipment will be issued to construction workers to
protect them from construction noise. Proper planning will also minimize the
frequency of materials transportation. The contractor and/or the proponent should
ensure that works are carried out during daytime i.e. from 8 a.m. to 5 p.m.
5.7.2.3
Vibrations
The most immediate residents expressed fear over vibration produced by the
construction machines and other moving machines in the construction site and this
has likely effects on the strength of the buildings nearby. Most of them were worried
about the blasting activities and excessive vibrations from construction and
compaction activities that may cause buildings and structures develop cracks.
As a mitigation measure, the lead environmental said that this proposed activity is
guided by the Environmental laws and regulations which did not exist in the time of
earlier quarrying activities and hence they were now protected from unnecessary
harm from these activities. He indicated that the contractor will employ the latest
technology, which produces less vibrations as the requisite licenses may require. The
Environmental Consultant indicated that the project will employ an Environment
Health and Safety Officer to advice the contractor and monitor the activities of the
quarry to ensure compliance. He also advised the local liaison and monitoring
committee to work closely with the contractor officials to resolve such cases.
5.7.2.4
Traffic congestion and accidents due to the size of the project
Westlands is a hub of businesses where vehicular movement is high. This is usually
observed in the busy morning and late evenings. The vehicular movement during
construction phase will worsen the situation in the locality. The public sought to
know what options have been put in place to reduce the traffic snarl-ups and
accidents.
The traffic consultant informed the public that the designs have incorporated to
expand the current narrow Chiromo lane. Decelerating lanes and accelerating lanes
havealso been incorporated to reduce the piling up of traffic on major entry points to
the project site. The extension of the lanes is meant to enhance access control into the
development. The extra Lanes shall therefore hold the traffic waiting for security
checkups at the access control centers without affecting the normal traffic not leading
to the property along these roads.
5.7.2.5
Drainage within the proposed project site
The public sought a clarification to know whether in the Westlands road design
drainage has been incorporated. Whenever it rains, the drainage structures often
block leading to flooding of the roads.
The traffic consultant informed the public that drainage consideration along the roads
neighboring the property shall be incorporated to ensure proper flow of storm water.
It was also stated that proposal has been made to relevant agencies in addressing the
current inadequacies.
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Social amenities
One member from the public inquired what social amenities shall be incorporated in
the project for the residents around Westlands area.
The public was informed that the project shall have a number of social amenities
open to the public such as cafeterias, hotels, restaurants, shops largely on the office
and hotel development’ side. For the residential apartment, there shall be private
amenities for the residents alone and their visitors.
5.7.2.7
Effects of wind and sunlight
Villa RossaKempiski Hotel representative sought to know if measures have been put
in place for the reflection and temperature effect of the towering building heights
(effects of wind shadows).
The architect informed the meeting that the development will use modern building
technology in design, construction and its entire equipment hence minimal
disturbance shall be recorded to the neighborhood and normalcy in their operations
shall be ensured.
The architect further stated that adequate ventilation spaces between the roads and
neighbors and respective setbacks shall be followed and maintained. The buildings
shall use reflection reduction glasses with high specifications and reducing to a large
degree the glare, heat and reflectivity effect of the glasses.
5.7.2.8
site.
Loss of jobs for those who have businesses within the proposed
It was found out that there are businesses which are still operating on the proposed
project site. This includes Shamuras Restaurant and three juakaligarages, all located
on the Eastern plots of the proposed development and small scale kiosk. The workers
from these businesses will lose their source of livelihood when the proposed project
commences.
As a mitigation measure for this impact, the developer was requested to meet and
agree with the directly affected persons on the best form of assistance that can be
availed to them. An option for considering the persons who will lose their jobs as
employees during construction period was suggested. According to the Kenyan
Constitution and World Bank Performance Standards, squatters have to be offered
assistance to re-sustain their livelihood. Early notices should also be issued before
eviction.
5.7.2.9
Waste Management challenges
Residents in the neighbourhood expressed their concerns about the large amounts of
solid waste that will be generated during construction of the project. These includes
metal cuttings, rejected materials, surplus materials, surplus spoil, excavated
materials, paper bags, empty cartons, empty paints and solvent containers, broken
glass among others. Solid wastes if not well managed have a potential of causing
accidents and disease outbreaks as they form suitable breeding grounds for vectors of
cholera and typhoid. Malaria outbreak could also be exacerbated by the presence of
open water ditches for breeding of anopheles mosquitoes.
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Some of the excavation material will be rendered unusable and thus will have to be
disposed off. This also applies to some of the soil/rocks which may not be reusable
after excavation processes are complete.
Neighbours requested for an affirmative mitigation measures whereby all these
materials to be collected, transported and disposed of appropriately in approved
designated areas. Also, they requested that other alternative uses of these materials
should be found e.g. filling excavated areas at the site.
The lead expert reaffirmed that four (4) EHS officers will be stationed on site to
ensure the EMP and all the recommendations are adhered to during construction
period.
5.7.2.10 Dust Emissions
The neighbouring businesses and residents expressed concern over possibility of
generation of large amount of dust and fumes within the project site and surrounding
areas as a result of excavation works and transportation of construction materials.
The lead expert indicated that measures will be put in place to ensure that dust levels
at the site are minimized through sprinkling water in areas being excavated and along
the trucks used by the transport trucks and diversions within the site and use of dust
nets. These measures will be supervised by the on-site EHS officers.
5.7.2.11 Occupational, Health and Safety Issues
During construction, it is expected that construction workers are likely to have
accidental injuries and hazards as a result of accidental occurrences, handling
hazardous waste, lack or neglect of the use of protective wear etc.
The participants requested that all necessary health and safety guidelines should be
adhered to so as to avoid such circumstances during operation phase.
5.7.2.12 Increased pressure on the existing water and energy resources
Residents within Westlands expressed their concerns over energy and water
resources which will immensely be utilized during construction and operation phase.
This also includes the underground water resources available in Westlands area.
The design architect and client indicated that the project will utilize borehole water to
reduce the overconsumption of water supplied by the NCWSC. A power sub-station is
also incorporated in the proposed project as a means of ensuring the current energy
put in place is not overwhelmed by the proposed project.
5.7.2.13 Loss of vegetation
During the construction phase of the proposed project, existing vegetation on the
proposed project site will have to be cleared to pave way for the development.
Currently there are approximately 35 mature trees on the site, consisting
ofGravelliaspp, Eucalyptus spp, Jacaranda spp among other shrubs and thickets in
between old dilapidated structures of the Salisbury Hotel.
As a mitigation measure, the developer was advised by the Lead Environmental
Expert to obtain logging permits from NEMA and work closely with the NCC
Environment Department during the construction phase. The architectural plans and
designs have also been modeled in order to avoid logging of all the existing
vegetation. Green Technology Building has also been incorporated in the designs to
compensate on the cleared vegetation.
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5.7.2.14 Compromised privacy
Neighbouring residents expressed their concerns over their privacy due to the
staggering heights of the proposed development. They lamented on their privacy
which will be compromised due to the skyscrapers to be built.
5.7.2.15 Commencement of construction activities
The Public sought to know when the project is scheduled to begin.
The Architect indicated that once all the approvals have been obtained, the project
shall begin with a tentative date being July, 2015.
5.7.2.16 Effect of construction on nearby businesses
The public sought to know the economic impacts and business disruptions due to
road constructions around the AVIC property
The Lead environmental consultant indicated that a few traffic interruptions will be
experienced but since the developer is willing to surrender some land for road
expansions hence the effect shall not be much pronounced.
The road closures shall only be done during the traffic off-peak hours with provision
of alternative routes.
The contractor shall also use modern building technology which is quick hence
shortening the temporal effect of the development on traffic flows.
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6 POTENTIAL ENVIRONMENTAL IMPACTS
6.1
Introduction
The environmental baseline information and the project characteristics discussed
earlier form the basis for impact identification and evaluation. The impacts that are
expected to arise from the project could either be termed as positive, negative, direct,
indirect, short-term, long-term, temporary and permanent depending on their area of
cover and their stay in the environment. This assessment is done for all the project
phases namely; construction, operational and decommissioning phases.
6.2
Siting and Construction Phase
During the siting and construction period there may be various impacts which may
include;
6.2.1 Positive Impacts
6.2.1.1
Improved Security
With the coming up of the proposed project, cases of insecurity will reduce given that
the project will attract more people hence improving security of the area. The project
will come along with security details including night time lighting, installation of
CCTVs and employing of security guards which will be a benefit to the surrounding as
well.
6.2.1.2
Employment opportunities
The project will create a number of job opportunities especially to casual workers.
Employment opportunities are a benefit both in economic and social sense. In the
economic sense it means abundant unskilled labour will be involved in economic
production. In the social sense these young and energetic otherwise poor people will
be engaged in productive employment other than being jobless. Idleness in society
may attract the unemployed to social vices like drug abuse and other criminal
activities like robberies. Several workers including casual labourers, masons,
carpenters, joiners, electricians and plumbers are expected to work on the site for a
period that the project will start to the end. Apart from casual labour, skilled, semiskilled and unskilled labour and formal employees are also expected to be hired
during the period of construction.
6.2.1.3
Gains in the Local and National Economy
There will be great gains to the County and National economy. Through consumption
of locally available materials including: steel, concrete, tiles, timber and cement. The
consumption of these materials and others will attract taxes including VAT which will
be payable to the government. The cost of the materials will be payable directly to the
producers as income through profits gained.
6.2.1.4
Provision of Market for Supply of Building Materials
The project will require supply of large quantities of building materials most of which
will be sourced locally within Westlands and the surrounding areas such as the
expansive Nairobi City County and the immediate neighbouring counties. This
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projecttherefore provides ready market for building material suppliers such as
quarrying companies, hardware shops and individuals who sell such materials.
6.2.1.5
Improved local trade
The construction activities will involve buying of materials from both the local and
international market. Local Market will benefit from selling the construction
materials to the contractor and as a result boost the local trade. Waste products from
the construction activities will also be handled by local NEMA registered waste
handlers and this will also enhance local trade.
6.2.1.6
Increased business opportunities for the informal sector
During construction period the informal sector will benefit from the operations. This
will involve kiosk operators who will be selling food to the workers on site and
Juakali entrepreneurs in the local areas. In turn, this will considerably improve their
living standards from the income they get from their businesses.
6.2.1.7
Improved building technology/ knowledge transfer
With the commencement of the project, construction workers will gain new building
technology including the Green Building Technology that will be incorporated in the
project’s construction activities. This skill and technology gained will help them in
executing other projects they will be involved.
6.2.2 Negative Impacts
6.2.2.1
Project implementation disputes
Currently, there is Shamuras restaurant, 2 kiosks and three juakali garages operating
their businesses at the project site. These businesses have employed some labourers
who depend on them for livelihood. Abrupt eviction might spark off chaos. The
developer will issue earlier notices and offer them support wherever possible in
finding alternative places for their businesses.
6.2.2.2
Increased storm water
Paving of the ground structures and roofing will increase water collection and runoff
as opposed to the infiltration. The increased storm water runoff will as a result lead to
soil erosion if proper channels will not be put in place. Being adjacent to the Nairobi
River which located to the South of the proposed site contaminated run-offs from the
site will pose a great environmental challenge unto the already heavily polluted river.
6.2.2.3
Soil Erosion
The site slopes gently to the South towards Chiromo Road andNairobi River.
Possibilities of soil erosion occurring during construction are high especially during
rainy seasons. Lost soil will be deposited on the road as silt and downstream of
Nairobi River. The location of the run-off load will create a traffic hazard along
Chiromo Road whileits deposition could increase the Nairobi River’s turbidity,
altering downstream hydrology and even increase increasing the probability of
flooding in the event very heavy rains. It may also pose a water quality issue directly
as a result of siltation and indirectly from contaminants carried with or attached to
soil particles.
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Increased traffic congestion and possible traffic accidents
The proposed development is located in between Nairobi CBD and Westlands area
along Chromo lane, off Chiromo road and Westlands Road This area is common with
long trails of traffic jams and with the proposed construction and its associated traffic
intensity for material and staff mobilization will even exacerbate the situation. An
appropriate Traffic Management plan has been developed for the same and plausible
as a mitigation measure to ensure traffic congestion and possible accidents are kept
to minimum. This will also include limiting the number of trips made by the
construction vehicles during peak hours and this will be ensured through proper
planning on material acquisition.
6.2.2.5
Disposal of excavated soil
Site excavations shall be done and some excavated materials will be rendered as
wastes. These rejected materials will be collected as waste for disposal. Disposal of
this category of waste may have adverse impacts on the receiving environment
depending on their type and intensity. This waste may compromise the aesthetic
value, air quality and even water quality at the receiving end if not handled as per
the laid regulations and proposed ESMP as best practice.
6.2.2.6
Oil spills
The motor- powered construction machines on site will need to be regularly serviced.
This thus requires continuous oiling to minimize the usual corrosion or wear and
tear. Possibilities of such oils spilling and contaminating the soil and water on site are
real. Likewise, moving vehicles on site may require oil change. But these dangers are
contained by maintaining the machinery in specific areas designed and designated for
this purpose. In event of soil contamination it will be prudent for the service to
contact the project EHS staff for advice on how to handle such as per the ESMP
tableprovided in this report.
6.2.2.7
Increased water demand
Both the workers and the construction works will create additional demand for water
in addition to the existing demand. Water will be mostly used in the preparation of
concrete for construction works and for wetting surfaces, curing, or even cleaning
completed structures and for use in washing, bathing and in toilets.
6.2.2.8
Dust emissions
Particulate matter and fugitive dust is likely to be produced during the site clearance,
excavation, spreading of the topsoil and during construction. There is a possibility of
PM10 suspended and settle able particles affecting the site workers and even
neighbours health.
Particulate matter and dust depending on the content can pose a serious health
hazard (respiratory and even carcinogenic) unto the workers and neighbours if not
well contained and controlled.
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Faecal waste generation
The construction workers will generate faecal waste during their day-to-day
operations. The generated waste needs proper handling to prevent contamination
with water and other environmental parameters hence which may otherwise cause
diseases, such cholera, diarrhoea , typhoid and dysentery..
6.2.2.10 Destruction of existing vegetation
The proposed project site is covered with grass and approximately 35 mature trees of
Jacaranda spp, cypress spp, Eucalyptus spp, Gravelliaspp, Pinuspitulaspp and other
indigenous trees The construction process will involve clearing of some of these
existing vegetation cover. The developer intends to replace this with planting of many
indigenous and other useful trees and grass in all the gardens and strategic green
areas as proposed in the landscape plan. The project architectural designs have been
modeled in such a way to avoid clearing of all the existing vegetation, among other
green building technologies which have been adopted to replace the vegetation to be
cleared.
6.2.2.11 Generation of exhaust emissions and air pollution
Exhaust emissions are likely to be generated by the construction equipment during
the construction phase. Motor vehicles used to mobilize the work force and materials
for construction would cause a potentially significant air quality impact by emitting
pollutants through exhaust emissions. Because large quantities of building materials
are required, some of which will be sourced outside Westlands area, such emissions
can be enormous and may affect a wider geographical area. The impacts of such
emissions can be greater in areas where the materials are sourced and at the
construction site as a result of frequent gunning of vehicle engines, frequent vehicle
turning and slow vehicle movement in the loading and offloading areas.
6.2.2.12 Surface
degradation
and
ground
water
hydrology
and
water
quality
Changes in surface hydrology alter the flow of water through the landscape.
Construction of impervious surfaces such as parking lots, roads and buildings
increase the volume and rate of runoff, resulting in habitat destruction, increased
pollutant loads, and flooding. Built or paved areas and changes in the shape of the
land also influence groundwater hydrology (i.e. recharge rates, flow, conditions).
Project related excavation could lead to surface and ground water quality
degradation. Contaminated soil or ground water in the path of the project could be
disturbed by excavation resulting in a potential transfer of the contamination to
surface waters. The excavated area, if linear could act as a conduit to extend
groundwater contamination to new areas. Spills of hazardous materials in excavated
areas during construction could introduce contaminants to ground water.
Development activities such as office construction as well as the spillover effects of
development such as increased demand for drinking water and increased water use
can impact water quality by contributing sediment, nutrients, and other pollutants to
limit water supplies, increasing the temperature of the water, and increasing the rate
and volume of runoff.
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6.2.2.13 Solid waste generation
During construction solid waste will be generated. These include papers used for
packing cement, plastics and timber remains among others. Dumping around the site
will interfere with the aesthetic status of the area. This has a direct effect to the
surrounding community. Disposal of the same solid wastes off-site could also be a
social inconvenience if done in the wrong places. The off-site effects could be
aesthetic, pest breeding, pollution of physical environment, invasion of scavengers
and informal recycling communities.
6.2.2.14 Excessive energy consumption
The project will consume fossil fuels (mainly diesel) to run transport vehicles and
construction machinery. Fossil energy is non-renewable and its excessive use may
have serious environmental implications on its availability, price and sustainability.
The project will also use electricity supplied by Kenya Power (KP) Ltd. Electricity in
Kenya is generated mainly through natural resources, namely, water and geothermal
resources. In this regard, there will be need to use electricity sparingly since high
consumption of electricity negatively impacts on these natural resources and their
sustainability.
6.2.2.15 Noise and Excessive vibration
The construction works will most likely be a noisy operation due to the moving
machines (mixers, tippers, communicating workers) and incoming vehicles to deliver
construction materials and workers to site. To be affected mostly are the site workers
and immediate neighbours since noise beyond some level is itself a nuisance if not
maintained within acceptable limits (an exposure 85 Db/ 8 hours as WHO standards).
Excessive vibration also from the construction activities of blasting and excavation
can cause economic and physical damage of the neighbouring properties such as the
immediate Villa RossaKempiski Hotel.
Exposure of workers beyond the specified limits will lead to hearing complication
such as tinnitus, partial even complete hearing loss.
6.2.2.16 General Occupational Health and Safety Issues.
During construction of the proposed project, it is expected that construction workers
are likely to have accidental injuries and hazards due to human and workplace
interactions. Because of the intensive engineering and construction activities
including erection and fastening of roofing materials, metal grinding and cutting,
concrete work, steel erection and welding among others, construction workers will be
exposed to risks of accidents and injuries. Such injuries can result from accidental
falls from high elevations, injuries from hand tools and construction equipment cuts
from sharp edges of metal sheets and collapse of building sections among others. It’s
recommended an appropriate approach to ergonomics be sought PPE’s should be
issued to all workers on site.Trainings on Fire Management, First Aid, occupational
Health and Safety also be conducted occasionally.
Additionally, in ensuring workers’ safety hazard/risk assessment should be done
comprehensive hazard/ risk management plans documented and certified by DOSHS.
These plans will complement the ESMP developed and the NEMA license conditions in
managing EHS issues at the site.
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6.2.2.17 Displacement of businesses running on the site
The site currently is occupied by a number of active business enterprises namely: 3
juakali garages, two (2) kiosks and shamurasrestaurant. The approximate number of
individuals that depend upon the businesses on site is approximately fifty (50) and
upon displacement, their income generation will therefore be affected.
As a best approach, the developer shall engage the Project Affected Persons (PAPs) in
finding a common solution to re-settle them, as it iswith the Land Act (2012)
provisions and the World Bank’s Performance Social and Environmental Standards on
Involuntary Resettlement.
6.2.2.18 HIV/AIDS
Construction activities usually involve people from different regions, with different
backgrounds, whereby they interact on daily basis. If these workers are not properly
educated on HIV/AIDS, their health will be at risk. Provisions of such contraceptives
by a licensed institution and frequent trainings on prevention methods will reduce
the risks that the workers will be exposed to.
6.3
Operational phase
Some of the impacts both positive and negative that may be as a result of the
proposed project during the operation stage will include;
6.3.1 Positive Impacts
6.3.1.1
Employment creation
Employment opportunities are one of the long-term major impacts of the
development project that will be realized after construction and during the operation
and maintenance of all the towers and associated facilities. These will involve security
personnel, solid waste management staff, businesses that will be located within the
project. Other sources of employment will involve direct service provision to the
office services
6.3.1.2
Optimal use of land
Being state of the art office, hotel, apartment and commercial towers interconnected
with a bridge and podiums, the project will see optimal use of land. Land is a scarce
resource in Kenya and through implementation of the proposed project will ensure
optimal use of land to the great benefit of the country and its people.
6.3.1.3
Increase in national office, hotel and housing stock
In Kenya the housing/office space demand by far outstrips the unit supply. This has
led to the scramble for the fewer available spaces, which are usually charged
expensively. The greatest positive thing with the project is that it will contribute to
the housing stock. These will add to the supply of housing, office, hotel and parking
space which is currently a major socio-economic problem for Kenya and especially in
Nairobi’s Metropolis and its vicinity.
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Improvement in housing quality
The proposed project development is an outstanding landmark, with recent
technologies in the housing sector, integrated with green building technology. The
quality of the housing from the proposed development is as per the current National
Housing regulations.
6.3.1.5
Increased security in the area
With the installation of the CCTVs, night time lighting and recruitment of security
attendants, the general security of Westlands area will be greatly improved with the
project implementation.
6.3.1.6
Increased property value
The proposed development together with its associated facilities will enhance the
general look of the surrounding and this will have an impact on the neighbouring land
and property value. The proposed development will generally increase the property
value of the neighbouring resources.
6.3.1.7
Creation of Landmarks
The AVIC International Africa Headquarters in Westlands will itself be an Iconic
project, and once complete will be a landmark (possessing one of the tallest
skyscraper in Nairobi and East Africa). This will add value to Nairobi as a capital city
in terms of infrastructural development, and to Westlands sub-County in terms of
revenues generation.
6.3.1.8 Reduced Traffic Congestion
The design of the whole project presents a ‘smart city’ approach with few office
occupiers driving into the offices . The development presents an encouraging design
that will alllow home owners walk to their offices and into the commercial facility
hence reducing the number of vehicular movement within the facility.
6.3.2 Negative Impacts
6.3.2.1 Increased
facilities
population
without
commensurate
services
and
With development of the office, hotel, apartment and parking spaces and related
developments such as communal facilities clearly means that many people are
expected to visit and reside on the site. This will increase the density of resident
population in the area and if this population is not provided with the appropriate
services and facilities then pressure on existing facilities is bound to increase.
6.3.2.2
Air pollution from vehicles
The AVIC development has a provision for a two (2) levels basement parking within
the office and hotel towers among other parking provision within the site. Traffic is
likely to be expected from the users of this proposed developmentand this might pose
a problem to the nearby offices and residents due to the exhaust emissions if not well
contained and controlled. The Traffic management plan and Green Building
technology that the proponent will put in place is meant to ease up the problem.
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Ground Water Contamination
If the sites for dumping solid wastes are not well taken care of, they may cause
contamination to ground water sources and also form breeding areas for mosquitoes;
this may cause human diseases like malaria and cholera. Ground water contamination
might contaminate the onsite and nearby boreholes and ground water in the area.
The proponent will put in place an efficient waste management scheme that will
prevent the accumulation of uncontrolled waste, as well as an efficient collection
system and off-site disposal.
6.3.2.4
Solid waste generation
The project is expected to generate enormous amounts of solid waste during its
operation phase. The bulk of the solid waste generated during the operation of the
project will consist of paper, plastic, glass, metal, textile and organic wastes. Such
wastes can be injurious to the environment through blockage of drainage systems,
choking of water bodies and negative impacts on animal health. Some of these waste
materials especially the plastic/polythene are not biodegradable hence may cause
long-term injurious effects to the environment. Even the biodegradable ones such as
organic wastes may be injurious to the environment if not well managed. As the
organic wastes decompose, they produce methane gas, a powerful greenhouse gas
known to contribute to global warming.
6.3.2.5
Increased energy consumption
The project shall consume large amount of electricity due to the number of the
commercial office tower development units being proposed and the activities that
will take place once the project is complete. Since electric energy in Kenya is
generated mainly through natural resources, namely water and geothermal
resources, increased use of electricity will have adverse impacts on these natural
resources base and their sustainability.
6.3.2.6
Increased traffic flow
The proposed development is located in between Nairobi CBD and Westlands area.
The vehicular movement during construction phase will exacerbate the situation in
the locality. An appropriate Traffic Management plan will be adopted as a mitigation
measure to ensure traffic congestion and probable accidents are minimized. This will
also include limiting the number of trips made by the construction vehicles during
peak hours.
6.3.2.7
Increased storm water flow and water use.
The building roofs and pavements will lead to increased volume and velocity of storm
water or run-off flowing across the area covered by the units. This will lead to
increased amounts of storm water entering the drainage systems, resulting in
overflow and damage to such systems in addition to increased erosion or water
logging in the neighbouring areas.
6.3.2.8
Water use
Activities during the operation phase of the project will involve the use of large
quantities of water as a result of activities that will take place and the large number of
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people that stay there. Water shall be used for daily normal household and general
housekeeping functions.
6.3.2.9
Compromised privacy to the neighbouring developments
With the towering heights of the proposed development’s components, privacy for its
close neighbors shall be highly compromised. Neighbors and occupants of Orbit Place,
Villa Rosa Kempski hotel, Chiromo Villas, Land Valle apartments, AU offices and
Mirage Towerswill be on the receiving end of this impact.
6.4
Decommissioning Phase
Some of the anticipated impacts during the decommissioning phase of the proposed
project include;
6.4.1
Positive Impacts
6.4.1.1 Rehabilitation and restoration of the site to its original status
Upon decommissioning of the project, rehabilitation of the project site will be carried
out to restore the site to its original status. This will include replacement of topsoil
and re-vegetation which will lead to improved visual quality of the area.
6.4.1.2 Employment opportunities
Several employment opportunities will be created for the demolition staff.
6.4.2
Negative Impacts
6.4.2.1
Demolition of the project buildings and related infrastructure will result in large
quantities of solid waste. The waste will contain the materials used in construction
including concrete, metal, drywall, wood, glass, paints, adhesives, sealants and
fasteners. Although demolition waste is generally considered as less harmful to the
environment since they are composed of inert materials, there is growing evidence
that large quantities of such waste may lead to release of certain hazardous chemicals
into the environment. In addition, even the generally non-toxic chemicals such as
chloride, sodium, sulphate and ammonia which may be released as a result of leaching
of demolition waste, are known to lead to degradation of groundwater quality.
6.4.2.2
Dust emission
Large quantities of dust will be generated during demolition works. This will affect
demolition staff as well as the neighbouring residents.
6.4.2.3
Noise and Vibration
The demolition works will lead to significant deterioration of the acoustic
environment within the project site and the surrounding areas.
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7 MITIGATION MEASURES AND MONITORING PROGRAMMES
7.1 Introduction
The proponent of the proposed project acknowledges the fact that the proposed
project activities will have some impacts on the biophysical environment, health and
safety of its employees and members of the public, and socio economic wellbeing of
the local residents. Thus, the main focus will be on reducing the negative impacts and
maximizing the positive impacts associated with the project activities through a
programme of continuous improvement.
An environmental management/monitoring plan will be developed to assist the
proponent in mitigating and managing environmental impacts associated with the life
cycle of the project
7.2 Proposed Mitigation Measures of the Construction Related Impacts
7.2.1
Minimize the effect of Air quality
Controlling dust during construction is useful in minimizing nuisance conditions. It is
recommended that a standard set of feasible dust control measures be implemented
for all construction activities. Emissions of other contaminants (NOx, CO 2, SOx, and
diesel related PM10) that would occur in the exhaust from heavy equipment are also
included. The proponent is committed to implementing measures that shall reduce air
quality impacts associated with construction. All personnel working on the project
will be trained prior to starting construction on methods for minimizing air quality
impacts during construction. This means that construction workers will be trained
regarding the minimization of emissions during construction. Specific training will be
focused on minimizing dust and exhaust gas emissions from heavy construction
vehicles. Construction vehicles drivers will be under strict instructions to minimize
unnecessary trips, refill petrol fuel tanks in the afternoon, and minimize idling of
engines.
Dust emissions will be controlled by the following measures:






Watering all active construction areas as and when necessary to lay dust.
Cover all trucks hauling soil, sand and other loose materials or require all
trucks to maintain at least two feet of freeboard.
Pave, apply water when necessary, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
Sweep daily (with physical sweepers) all paved access roads, parking areas
and staging areas at construction sites.
Fast growing trees will be planted around the project area to act as a wind
breaks to reduce the uplift of particulate matter that lead to respiratory
diseases.
Project will be undertaken in phases to cushion the cumulative effects of dust
which would be great in case the project is done at once.
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Minimize the effects of noise emitted and vibration from the site
Significance of noise impacts depends on whether the project would increase noise
levels above the existing ambient levels by introducing new sources of noise. Noise
impacts would be considered significant if the project would result in the following:




Exposure of persons to, or generation of, noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable
standards of other agencies.
Exposure of persons to, or generation of, excessive ground-borne vibration or
ground-borne noise levels.
A substantial permanent increase in ambient noise levels (more than five dBA)
in the project vicinity above levels existing without the project.
A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project.
The proponents shall put in place several measures that will mitigate noise pollution
arising during the construction phase. The following noise-suppression techniques
will be employed to minimize the impact of temporary construction noise at the
project site.









Install portable barriers to shield compressors and other small stationary
equipment where necessary.
Use quiet equipment (i.e. equipment designed with noise control elements).
Co-ordinate with relevant agencies regarding all substation construction
activities in the residential areas.
Install sound barriers for pile driving activity.
Limit pickup trucks and other small equipment to a minimum idling time and
observe a common-sense approach to vehicle use, and encourage workers to
shut off vehicle engines whenever possible.
Construction/Demolition works should be done during the day when people
are away and also the outside environment is also noisy.
Adhere to the Environmental Management and Coordination (Noise and
Excessive Vibration Pollution (Control) Regulations, 2009) regarding noise
limits at the workplace.
Application of modern methods of construction that avoids excessive
vibrations
Ensuring the contractor has a good insurance policy that covers accidental
damage of neighbours’ properties.
7.2.3
Minimise the effects of exhaust emission
In order to control exhaust emissions the following measures shall be implemented
during construction:



Vehicle idling time shall be minimized.
Alternatively fuelled construction equipment shall be used where feasible.
Equipment shall be properly tuned and maintained.
This will also be achieved through proper planning of transportation of materials to
ensure that vehicle fills are increased in order to reduce the number of trips done or
the number of vehicles on the road.
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Hydrology and water quality degradation
Several measures shall be put in place to mitigate the impacts that are likely to lead to
hydrology and water quality degradation. The proponent will prepare a hazardous
substance control and emergency response plan that will include preparations for
quick and safe clean-up of accidental spills. It will prescribe hazardous-materials
handling procedures to reduce the potential for a spill during construction, and will
include an emergency response programme to ensure quick and safe clean-up of
accidental spills. The plan will identify areas where refueling and vehicle maintenance
activities and storage of hazardous materials, if any, will be permitted.
Soil sampling and trial holes digging will be conducted before construction begins and
soil information will be provided to construction crews to inform them about soil
conditions and potential hazards. If hazardous substances are unexpectedly
encountered during trenching, work will be stopped until the material is properly
characterized and appropriate measures are taken to protect human health and the
environment. If excavation of hazardous materials is required, they will be handled in
accordance with applicable regulations. If suspected contaminated groundwater is
encountered in the depths of the proposed construction areas, samples will be
collected and submitted for laboratory analysis of petroleum hydrocarbons, metals,
volatile organic compounds and semi-volatile organic compounds. If necessary,
ground water will be collected during construction contained and disposed of in
accordance with all applicable regulations. Appropriate personal protective
equipment will be used and waste management will be performed in accordance with
applicable regulations. Oil absorbent material, tarps and storage drums will be used
to contain and control any minor releases of engine and other equipment oil.
7.2.5
Worker accidents and hazards when handling hazardous wastes
Adequate collection and storage of waste on site and safe transportation to the
disposal sites and disposal methods at designated area shall be provided. In addition
the proponent is committed to adherence to the occupational health and safety rules
and regulations stipulated in Occupational Health and Safety Act, 2007 and the World
Bank’s IFC standards on Environment, Health and Safety for General Construction
Activities. In this regard, the proponent is committed to provision of appropriate
personal protective equipment, as well as ensuring a safe and healthy environment
for construction workers as outlined in the EMP.
7.2.6
Populations of disease vectors
Disease vectors such as rats, flies, and cockroaches increase where refuse is exposed
or uncollected and can be a hazard. Complete refuse collection and handling service
will be provided by the proponent so that this is not a hazard in compliance with the
Public Health Act and as also required in the Occupational Safety and Health Act, 2007
regarding hygiene at the workplace.
7.2.7
Increased runoff
Increased run off from paved grounds and expansive roofs causing extreme flooding
and overflows of drainage systems shall be mitigated. Surface runoff and roof water
shall be harvested and stored in underground reservoir for reuse. A storm water
management plan that minimizes impervious area infiltration by use of recharge
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areas and use of detention and/or retention with graduated outlet control structures
will be designed.
7.2.8
Possible exposure of workers to diseases
Possible exposure of workers to diseases from building materials at construction site
shall be mitigated by occupational health and safety standards enforcement as
required in the OSHA, 2007.
7.2.9
Worker accidents during construction and operation phases
Workers accidents especially in deep trenching operations and from gas
accumulation in sewers and other confined spaces shall be mitigated by enforcing
adherence to safety procedures and preparing contingency plan for accident response
in addition safety education and training shall be emphasized.
7.2.10 Reduction of impacts at extraction sites and efficient use of raw
materials
The proponent will source building materials such as sand, ballast and hard core from
registered quarry and sand mining firms, whose projects have undergone satisfactory
environmental impact assessment/audit and received NEMA approval. Since such
firms are expected to apply acceptable environmental performance standards, the
negative impacts of their activities at the extraction sites are considerably well
mitigated.
To reduce the negative impacts on availability and sustainability of the materials, the
proponent will only order for what will be required through accurate budgeting and
estimation of actual construction requirements. This will ensure that materials are
not extracted or purchased in excessive quantities. Moreover, the proponent will
ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the
construction site is kept minimal, as these would lead to additional demand for and
extraction or purchase materials.
In addition to the above measures, the proponent shall consider reuse of building
materials and use of recycled building materials. This will lead to reduction in the
amount of raw materials extracted from natural resources as well as reducing
impacts at the extraction sites
7.2.11 Minimization of vegetation disturbance
Clearance of part of the vegetation at the project site to pave way for construction will
be inevitable. However, the proponent will ensure proper demarcation of the project
area to be affected by the construction works. This will be aimed at ensuring that any
disturbance to flora and fauna is restricted to the actual project area and avoid
spillover effects on the neighbouring areas. In the same vein, there will be strict
control of construction vehicles to ensure that they operate only within the area to be
disturbed by access routes and other works. The clearance has been modeled in a way
that some vegetation will not be cleared.
Another important measure aimed at reducing disturbance of vegetation in the
project area will be preservation of individual trees within the site. In addition, the
proponent has committed itself to re-vegetation of some of the disturbed areas
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through implementation of a well-designed landscaping programme by utilizing the
green building technology. It is recommended that part of the topsoil excavated from
the construction site be re-spread in areas to be landscaped to enhance plant health.
The Proponent shall undertake the project in phases with areas completed revegetated as required in the site landscaping programme.
7.2.12 Minimization of Traffic congestion and possible accidents
The proponent has assigned qualified consultants to carry out Traffic Management
Plan for the proposed project. The various recommendations made by the traffic
engineers are summarized below while much detailis presented in the Traffic
Management Plan attached as annex 11:
i.
To mitigate the development of traffic, the following road upgrades are
necessary and should be negotiated between NCC, KURA and the developer for
implementation:

Chiromo Road / Chiromo Lane


Chiromo Lane / Westlands Road
Chiromo lane and Muthithi Road

Additional through lanes on
Chiromo lane;

90m short turn lane from
Chiromo Road:

Double left turn lane into
Chiromo Road;

Provide additional through lanes
on Chiromo lane;

60m shared approach lanes on
Chiromo road SB and Westlands
Road WB:

Additional receiving lane on
Westlands;

Separate 60m right turns on
Chiromo lane approaches
The upgrading of the Chiromo lane and Muthithi Road intersection is mainly as a
result of capacity constraints as a result of background traffic
ii. A 2m paved pedestrian sidewalks should be provided for the development on
Chiromo lane and Westlands Road along the property boundary.
iii. A formal public transport stopping facility must be provided downstream of
the Chiromo Road and Chiromo Lane intersection (that is at current location
next to Villa Rosa Hotel), so as to ensure the Matatu’s are able to pull off the
road to drop and pick up passengers without affecting traffic flow on the main
highway - Chiromo Road.
iv. Due to the mixed nature of the development, it should provide approximately
1,605 parking bays to accommodate the possible demand.
v. All servicing needs must be accommodated on site.
vi. A construction traffic management plan must be implemented. The plan will
take into consideration traffic accommodation, road safety, construction
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accesses and speed restrictions. The plan should be incorporated into the
contractors overall health and safety plan for the project. For the success of the
traffic management plan during the various construction processes, the
contractor should employ a number of points men to co-ordinate and direct
traffic.
7.2.13 Minimization of run-off and soil erosion
The proponent will put in place some measures aimed at minimizing soil erosion and
associated sediment release from the project site during construction. These
measures will include terracing and leveling the project site to reduce run-off velocity
and increase infiltration of rain water into the soil. In addition, construction vehicles
will be restricted to designated areas to avoid soil compaction within the project site,
while any compacted areas will be ripped to reduce run-off.
7.2.14 HIV/AIDS
During the construction phase, workers will come from different places with different
backgrounds. The workers will be at risk if proper training of HIV/AIDS is not
conducted by trained experts/individuals. The distribution of the necessary
contraceptives and training on their proper usage is highly recommended.
7.2.15 Minimization of construction waste
It is recommended that demolition and construction waste be recycled or reused to
ensure that materials that would otherwise be disposed of as waste are diverted for
productive uses. In this regard, the proponent is committed to ensuring that
construction materials left over at the end of construction will be used in other
projects rather than being disposed of. In addition, damaged or wasted construction
materials including cabinets, doors, plumbing and lighting fixtures, marbles and glass
will be recovered for refurbishing and use in other projects. Such measures will
involve the sale or donation of such recyclable/reusable materials to construction
companies, local community groups, institutions and individual residents or home
owners.
The proponent shall put in place measures to ensure that construction materials
requirements are carefully budgeted and to ensure that the amount of construction
materials left on site after construction is kept minimal.
It is further recommended that the proponent should consider the use of recycled or
refurbished construction materials. Purchasing and using once-used or recovered
construction materials will lead to financial savings and reduction of the amount of
construction debris disposed of as waste.
Additional recommendations for minimization of solid waste during construction of
the project include:i.
Use of durable, long- lasting materials that will not need to be replaced
as often, thereby reducing the amount of construction waste generated
over time
ii.
Provision of facilities for proper handling and storage of construction
materials to reduce the amount of waste caused by damage or exposure
to the elements
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iv.
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Purchase of perishable construction materials such as paints
incrementally to ensure reduced spoilage of unused materials
Use of building materials that have minimal packaging to avoid the
generation of excessive packaging waste
Use of construction materials containing recycled content when
possible and in accordance with accepted standards.
7.2.16 Reduction of energy consumption
The proponent shall ensure responsible electricity use at the construction site
through sensitization of staff to conserve electricity by switching off electrical
equipment or appliances when they are not being used. In addition, proper planning
of transportation of materials will ensure that fossil fuels (diesel, petrol) are not
consumed in excessive amounts. Complementary to these measures, the proponent
shall monitor energy use during construction and set targets for reduction of energy
use.
7.2.17 Minimization of water use
The proponent shall ensure that water is used efficiently at the site by sensitizing
construction staff to avoid irresponsible water use. The proponent will install waterconserving automatic taps and toilets. Moreover, any water leaks through damaged
pipes and faulty taps will be fixed promptly by qualified staff.
7.2.18 Controlling oil spills during construction phase
The proponent will control the dangers of oil, grease and fuel spills during
construction by maintaining the machinery in specific areas designed for this
purpose. Machinery site repair will be discouraged and repair work restricted to only
approve garages to avoid pollution from oil, grease and fuel.
7.2.19 Public Health safety and Awareness
The following measures are aimed at ensuring wellness and safety of employees
within the construction site and general safety and suitability of the development:i.
The contractor should provide a small section of the construction site with a
shed and a water stand where the food can be served to the construction
workers to promote hygiene and health of the employees.
ii.
A fully equipped first aid kit should be provided at the site.
iii.
The contractor must have workmen’s compensation cover as required by law
(The Workmen’s Compensation Act), as well as relevant ordinances, regulation
and union’s agreements.
iv.
The workers, immediate neighbour and other stakeholders should be
sensitized on the dangers and risk associated with the construction works for
enhanced self-responsibility on personal safety.
v.
The proponent should ensure that the completed buildings are fitted with
safety facilities including fire detectors, firefighting equipment, fire exits,
adequate access and buffer between the residential premises.
vi.
Disabled access features and safety signage should be placed strategically
around and within the buildings.
vii.
Appropriate sanitation conveniences should be provided at the site as required
in the OSHA, 2007 and echoed in the Public Health Act.
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7.2.20 Displacement of the current businesses on the proposed project site.
It is highly recommended that the client/developer enters into negotiations with the
PAPs on the best resettlement approach so that to ensure their economic and social
security is assured. The developer is recommended to work closely with the project’s
environmental and social consultants to come up with an all- parties acceptable
Action Plan as provided in the Land Act of 2012 and the World Bank Standards on
Involuntary Resettlement as guide.
7.3 Proposed Mitigation Measures of the Operation Phase Impacts
7.3.1
Ensuring efficient solid waste management
The proponent will be responsible for efficient management of solid waste generated
by the project during its operation. In this regard, the proponent will provide waste
handling facilities such as waste bins and skips for temporarily holding domestic
waste generated at the site. In addition, the proponent will ensure that such disposed
of regularly and appropriately. It is recommended that the proponent puts in place
measures to ensure that the occupants of the offices, hotel and apartments manage
their waste efficiently through recycling, reuse and proper disposal procedures.
A lot of solid wastes will be generated from the proposed project. An integrated solid
waste management system is recommendable. First, the proponent will give priority
to Reduction at Source of the materials. This option will demand a solid waste
management awareness programme within the management and the residents.
Secondly, Recycling, Reuse and compositing of the waste will be the second
alternative in priority. This will call for a source separation programme to be put in
place. The recyclables will be sold to authorized waste buyers. The third priority in
the hierarchy of options is combustion of the waste that is not recyclable in order to
produce energy. Finally, sanitary landfilling will be the last option for the proponent
to consider. The proponent will adhere to the Environmental Management and
Coordination (Waste Management), Regulations 2006.
7.3.2
Wastewater management
The proponent will ensure that there are adequate means for handling the large
quantities of sewage generated at the housing units. It will also be important to
ensure that sewage pipes are not blocked or damaged so that the waste can be
delivered to the Bio Box Treatment System since such vices can lead to release of the
effluent, resulting in land and water contamination. Such blockages or damages will
be fixed expeditiously. Waste water shall be disposed in compliance with the
provisions of the Environmental Management and Coordination (Water Quality),
Regulations 2006.
7.3.3
Ensure efficient energy consumption
The proponent will install energy-efficient system in the whole project energy
consuming sectors. This will contribute immensely to energy saving during the
operational phase of the project. In addition, occupants of the offices, hotel and
apartments will be sensitized to ensure energy efficiency in their operations. To
complement these measures, it will be important to monitor energy use during the
operation of the proposed estate and set targets for efficient energy use. The project
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as well shall embrace the spirit of Green Energy/Building Technology through the use
of Solar Panels for water heating.
7.3.4
Ensure general safety within the premises
A perimeter fence (Boundary Wall) will be erected round the plot, street lighting
done, a24 hour CCTV surveillance system and a security lighting system installed. A
competent security firm may be engaged to ensure the general safety and security at
all times within and around the premises.
7.3.5
Ensure efficient water use
The proponent will install water-conserving automatic taps and toilets. Moreover, any
water leaks through damaged pipes and faulty taps will be fixed promptly by qualified
staff. In addition, the occupants of the housing units will be sensitized to use water
efficiently.
7.3.6
Increased pressure on the existing infrastructure
It is recommended that the proponent should liaise closely with other development
partners and relevant Government Departments and the County Government to
upgrade the existing shared facilities including roads, water distribution systems etc.
The proponent should as well explore alternative means which are environmentally
sound like employing the Green Energy Technologies when and where applicable like
the proposed use of Solar Panels in water heating among others. This will rather
reduce the over dependence on fossils based energy sources which are arguably
presently threatened with the idea of having a private borehole in itself being a way
of relieving an existing water supply system..
7.4 Proposed Mitigation Measures of the Decommissioning Phase Impacts
7.4.1
Efficient solid waste management
Solid waste resulting from demolition or dismantling works will be managed as
described in Section 7.3.1.
7.4.2
Reduction of Dust Concentration
High levels of dust concentration resulting from demolition or dismantling works will
be minimized as described in Section 7.2.1.
7.4.3
Minimization of Noise and Vibration
Significant impacts on the acoustic environment will be mitigated as described in
Section 7.2.2.
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8 ANALYSIS OF PROJECT ALTERNATIVES
8.1 Introduction
This section analyses the project alternatives in terms of site, technology scale and
waste management options and shall involve studying design alternatives and
analyzing them based the environmental costs and benefits this shall involve studying
the technology, design, capital investments, operation and maintenance requirements
among others.
8.2 Relocation Option
Relocation option to a different site is an option available for the project
implementation. At present the landowner/developer does not have an alternative
site. This means that the developer has to look for the land. Looking for the land to
accommodate the scale and size of the project and completing official transaction on
it may take up to three (3) years although there is no guarantee that the land would
be available. The developer will spend another two years on design and approvals
since design and planning has to be according to site conditions. Project design and
planning before the stage of implementation will cost the developer millions of Kenya
shillings. Whatever has been done and paid to date will be counted as a loss to the
developer. Assuming the project will be given a positive response by the relevant
authorities including NEMA, this project would have been delayed for about two (2)
years period before implementation. This is a delay that our economy can ill afford.
This would also lead to a situation like No Project Alternative option. The other
consequence of this is that it would be a discouragement for private/local investors
especially in the business sector that has been shunned by many public and private
investors already aggravating critical business shortages in terms of office space. In
consideration of the above concerns and assessment of the current proposed site,
relocation of the project is not a viable option.
8.3 No Project Alternative
The No Project option in respect to the proposed project implies that the status quo is
maintained. This option is the most suitable alternative from an extreme
environmental perspective as it ensures non-interference with the existing
conditions. This option will however, involve several losses both to the landowner
and the community as a whole. The landowner will continue to pay rent for the plot
while the plot remains idle hence no income to the owner. The No Project Option is
the least preferred from the socio-economic and partly environmental perspective
due to the following factors:






The economic status of the Kenyans and the local people would remain
unchanged.
The local skills would remain underutilized.
Reduced investing due to lack of office space in the West Lands area where the
project is proposed.
Reduced interaction both at local, national and international levels.
No employment opportunities will be created for thousands of Kenyans who
will work in the proposed building towers developmentarea and Nairobi at
large.
Increased urban poverty and crime in Kenya.
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Discouragement for investors thus leading to reduced office space in the West
Lands area
From the analysis above, it becomes apparent that the No Project alternative is no
alternative to the local people, Kenyans, and the Government of Kenya.
8.4 The proposed development alternative
Under the proposed development alternative, the developer of the proposed AVIC
International Africa Headquarter developmentproject would be issued with an EIA
License. In issuing the license, NEMA would approve the proponent’s proposed
development project, provided all environmental measures are complied with during
the construction period and operational phases. This alternative consists of the
applicant’s final proposal with the inclusion of the NEMA regulations and procedures
as stipulated in the environmental impacts to the maximum extent practicable.
8.5 Analysis of Alternative Construction Materials and Technology
The proposed project will be constructed using modern, locally and internationally
accepted materials to achieve public health, safety, security and environmental
aesthetic requirements. Equipment that saves energy and water will be given first
priority without compromising on cost or availability factors. The concrete pillars and
walls will be made using locally sourced stones, cement, sand (washed and clean),
metal bars and fittings that meet the Kenya Bureau of Standards requirements.
8.6 Waste water management alternatives
The following locally available technologies are discussed below:8.6.1
Alternative One - Use of stabilization ponds/lagoons
This refers to the use of a series of ponds/lagoons which allow several biological
processes to take place, before the water is released to the outside environment. The
lagoons can be used for aquaculture purposes and irrigation. However, they occupy a
lot of space but are less costly. No chemicals are used/heavy metals sink and
decomposition processes take place. They are usually a nuisance to the public
because of smell from the lagoons/ponds. This option is not preferable in the area
because the required space is not available and the area is a cosmopolitan area.
8.6.2
Alternative Two - Use of Constructed/Artificial wetland
This is one of the powerful tools/methods used in raising the quality of life and health
standards of local communities in developing countries. Constructed wetland plants
act as filters for toxins. The advantages of the system are the simple technology, low
capital and maintenance costs required. However, they require space and a longer
time to function. Long term studies on plant species on the site will also be required
to avoid weed biological behavioral problems. Hence it is not the best alternative for
this kind of project.
8.6.3
Alternative Four - Use of septic tanks
This involves the construction of underground concrete-made tanks to store the
sludge with soak pits. It is expensive to construct and regular empting in large
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discharge points especially with the large projects like the proposed AVIC
International Africa headquarters building. Given the kind of liquid waste emanating
from the proposed project this option is not preferred since it will be uneconomical.
8.6.4
Alternative Five - Waste water treatment plant
This involves the construction of a plant and use of chemicals to treat the effluents to
locally/internationally accepted environmental standards before it is discharged into
the river nearby. It is usually expensive to construct and maintain, but it is the most
reliable, efficient and cost-effective in the long term.
8.6.5
Alternative six - Connection to the sewer line system
Connection to the sewer line option is a viable option since Westlands area is served
by existing sewer line.
8.6.6
Alternative seven: Use of Bio-digester
Bio digester is an on-site sanitation unit that utilizes anaerobic technology for the
disposal of toilet (black) wastewater as well as of kitchen and bathroom (grey) water,
in a closed system. This is an incredibly ethical sanitation technology which treats
wastewater in an environmentally friendly manner, facilitating its use for irrigation or
its return to water bodies without polluting them. The process also generates organic
fertilizer and biogas (a form of fuel) by allowing naturally occurring bacteria to break
down solid waste. From the analysis and economic as well as environmental;
considerations use of bio digester system is a viable option for the proponent to adopt
in order to supplement connection to the sewer system.
8.7 Solid waste management alternatives
A lot of solid wastes will be generated from the proposed development. An integrated
solid waste management system is recommendable. First, the proponent will give
priority to Reduction at Source of the waste materials. This option will demand a solid
waste management awareness programme in the management and the workers.
Notices for proper waste management/handling may be posted at strategic places for
the sake of visitors. Secondly, Recycling, Reuse and compositing of the waste will be
the second alternative in priority. This will call for a source separation programme to
be put in place especially in the kitchen section. The recyclables will be sold to waste
buyers within Nairobi City. The third priority in the hierarchy of options is
combustion of the waste that is not recyclable. Finally, sanitary land filling will be the
last option for the proponent to consider.
8.8 ESIA With/Without EMP
8.8.1
Without EMP
This scenario was based upon the assumption that the proposed development would
go ahead without any environmental management plan/options being implemented.
The total project impact for the scenario is on the appreciably adverse side. This
shows that if the project goes ahead without EMP, the adverse impact on the existing
environment would be several times that of the impact without the project. Thus, this
assumption is disqualified and not applicable since the greatest challenge worldwide
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presently is geared towards sustainable developments and sustainable use of natural
resources.
8.8.2
With EMP
If the environmental management strategies discussed in Chapter 9 is fully
implemented, the adverse impact of the project would be reduced, and there will be
an overall improvement in physical, chemical, biological and socioeconomic
environment of the region. Therefore, the proposed activity will be beneficial for the
environment of the area, provided the EMP is in place. It is clear from the above, that
the proposed office tower project would have negative effect without implementing
certain environmental management strategies. If EMP, as discussed in Chapter 9, is
adopted and implemented, the adverse impacts will be reduced and the overall
environmental quality of the area would improve hence this remains a preferred
option.
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9 ENVIRONMENTAL MANAGEMENT/MONITORING PLAN
9.1 Introduction
The proponent of the proposed project acknowledges the fact that the proposed
project activities will have some impacts on the biophysical environment, health and
safety of its employees and members of the public and socio-economic wellbeing of
the local residents. Thus, the main focus will be on reducing the negative impacts and
maximizing the positive impacts associated with the project activities through a
programme of continuous improvement.
An Environmental Management/Monitoring Plan has been developed to assist the
proponent in mitigating and managing environmental impacts associated with the life
cycle of the project. The EMP has been developed to provide a basis for an
Environmental Management System (EMS; ISO 14001 principles) for the project. It is
noteworthy that key factors and processes may change through the life of the project
and considerable provisions have been made for dynamism and flexibility of the EMP.
As such, the EMP will be subject to a regular regime of periodic review.
Tables 6, 7 and 8 form the core of this EMP for the construction, operational and
decommissioning phases of the proposed project respectively. In general, the tables
outline the potential safety, health and environmental risks associated with the
project and detail all the necessary mitigation measures, their financial costs, as well
as the persons responsible for their implementation and monitoring. The EMP will be
used as checklist in future environmental audits.
9.2 Construction Phase Environmental Management Plan
The necessary objectives, activities, mitigation measures, and allocation of costs and
responsibilities pertaining to prevention, minimization and monitoring of significant
negative impacts and maximization of positive impacts associated with the
construction phase the proposed project are outlined in Table 6 below.
©AWEMAC 2015
Page 93
ESIAStudy Report
Table 6: Construction Phase Environmental Management Plan (EMP) for the Proposed AVIC International Africa
Headquarters Project
RESPONSIBLE
EXPECTED NEGATIVE
COST
RECOMMENDED MITIGATION MEASURES PARTY
TIME FRAME
IMPACTS
(KSHS)
1. Curb project associated conflicts and Lost Time Injuries (LTI) e.g. land ownership disputes.
Sufficient planning for adequate resources
Proponent
& Project planning
required i.e. financial, personnel and
Contractor
phase
equipment
Land transfer agreements should be
Project
implementation
Proponent/Govern Project planning
formalized before the project start as per the
Done
disputes
ment of Kenya
phase
laws of the land
Community
support
mobilization
and
Proponent
Project planning
sensitization through consultative forums or
Done
& ESIA Experts
phase
questionnaire methods
2. Minimize extraction site impacts and ensure efficient use of raw materials in construction
Source building materials from local suppliers
Throughout
Project Manager &
who use environmentally friendly processes in
construction
Contractor
their operations
period
Ensure accurate budgeting and estimation of
Throughout
actual construction material requirements to Project Manager &
construction
10,000
ensure that the least amount of material Contractor
period
High Demand of Raw
necessary is ordered
material
Ensure that damage or loss of materials at the
Throughout
Project Manager &
construction site is kept minimal through
construction
8,000
Contractor
proper storage.
period
Use at least 5%-10% recycled, refurbished or
Throughout
Project Manager &
salvaged materials to reduce the use of raw
construction
0
Contractor
materials and divert material from landfills
period
3. Minimize vegetation disturbance at and or around construction site
©AWEMAC 2015
Page 94
EXPECTED NEGATIVE
IMPACTS
Vegetation disturbance
ESIAStudy Report
RESPONSIBLE
Ensure proper demarcation and delineation of Contractor, Civil
the project area to be affected by construction engineer & Project
works.
Manager
Specify locations for trailers and equipment, Civil Engineer,
and areas of the site which should be kept free Architect and
of traffic, equipment, and storage
Project Manager
Civil Engineer,
Designate access routes and parking within the
Architect and
site
Project Manager
TIME FRAME
COST
(KSHS)
1 month
10,000
1 month
5,000
1 month
5,000
Introduction of vegetation (trees, shrubs and Architect
& Monthly
grass) on open spaces and their maintenance Landscape specialist Annually
Design and implement an appropriate
landscaping programme to help in re- Architect
&
2 months
vegetation of part of the project area after Landscape specialist
construction
4. Reduce traffic congestion and possible accidents
Minimize the haulage and transportation of
construction of materials during peak hours
using public roads
Adopt a Traffic Management Plan to enhance Contractor,
Civil Throughout
Traffic Congestion
the traffic movement within the site and the engineer & Project construction
public road
Manager
period
Use of signs for diversion and to warn
motorists against dangers at or near
construction site
©AWEMAC 2015
Page 95
to
8,000
7,000
10,000/
Month
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
TIME FRAME
Employ traffic marshals to control the
movement of vehicles during the construction
phase of the project.
Adopt a Traffic Management Plan to enhance
the traffic movement within the site and the Contractor,
Civil Throughout
Traffic Accidents
public road
engineer & Project construction
Use of signs for diversion and to warn Manager
period
motorists against dangers at or near
construction site
Use of reflective jackets among other PPEs to
avoid accidents
5. Reduce storm-water, runoff and soil erosion
A storm water management plan that
The Civil Engineer,
minimizes impervious area infiltration by use
Mechanical
of recharge areas and use of detention and/or
1 month
Engineer
and
retention with graduated outlet control
Project Manager
structure will be designed
Apply soil erosion control measures such as The Civil Engineer,
leveling of the project site to reduce run-off Mechanical
1 months
velocity and increase infiltration of storm Engineer
and
Increased
storm
water,
water into the soil.
Project Manager
runoff and soil erosion
The Civil Engineer,
Ensure that construction vehicles are
Throughout
Mechanical
restricted to existing graded roads to avoid soil
construction
Engineer and
compaction within the project site
period
Project Manager
The Civil Engineer,
Ensure that any compacted areas are ripped to Mechanical
2 months
reduce run-off.
Engineer
and
Project Manager
©AWEMAC 2015
Page 96
COST
(KSHS)
10,000/
Month
15,000
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
TIME FRAME
Throughout
Civil Engineer
construction
period
6. Minimize solid waste generation and ensure efficient solid waste management during construction
Use of an integrated solid waste management
Throughout
system i.e. through a hierarchy of options: 1. Project Manager &
construction
Source reduction 2. Recycling 3.Composting Contractor
period
and reuse 4. Combustion 5. Sanitary land filling
Through accurate estimation of the sizes and
quantities of materials required, order
Project Manager &
materials in the sizes and quantities they will
One-off
Contractor
be needed rather than cutting them to size, or
having large quantities of residual materials
Ensure that construction materials left over at
Project Manager &
the end of construction will be used in other
One-off
Contractor
projects rather than being disposed off.
Increased
solid
waste
Ensure that damaged or waste construction
generation
materials including cabinets, doors, plumbing
Project Manager &
and lighting fixtures, marbles and glass will be
One-off
Contractor
recovered for refurbishing and use in other
projects
Donate recyclable/reusable or residual
materials to local community groups, Project Manager &
One-off
institutions and individual local residents or Contractor
homeowners.
Use of durable, long-lasting materials that will
Throughout
not need to be replaced as often, thereby Project Manager &
construction
reducing the amount of construction waste Contractor
period
generated over time
Open drains all interconnected will
provided on site
©AWEMAC 2015
be
Page 97
COST
(KSHS)
5,000
unit
10,000
0
0
0
0
_
per
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Provide facilities for proper handling and
storage of construction materials to reduce the Project Manager &
amount of waste caused by damage or Contractor
exposure to the elements
Purchase of perishable construction materials
Project Manager &
such as paints should be done incrementally to
Contractor
ensure reduced spoilage of unused materials.
Use building materials that have minimal or no
Project Manager &
packaging to avoid the generation of excessive
Contractor
waste
Use construction materials containing recycled
Project Manager &
content when possible and in accordance with
Contractor
accepted standards.
Project Manager,
Reuse packaging materials such as cartons,
Mechanical
cement bags, empty metal and plastic
Engineer &
containers to reduce waste at the site
Contractor
Project Manager,
Dispose waste more responsibly by dumping Mechanical
at designated dumping sites or landfills only. Engineer &
Contractor
Project Manager,
Waste collection bins to be provided at Mechanical
designated points on the site
Engineer &
Contractor
Project Manager,
Private waste disposal company to be
Mechanical
contracted to transport and dispose the solid
Engineer &
waste from site
Contractor
©AWEMAC 2015
TIME FRAME
COST
(KSHS)
One-off
20,000
Throughout
construction
period
Throughout
construction
period
Throughout
construction
period
0
0
0
Throughout
construction
period
0
Throughout
construction
period
10,000/
Month
Throughout
construction
period
Throughout
construction
period
Page 98
15,000
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Project Manager,
Running an educational campaigns amongst
Mechanical
employees, e.g. through use of posters, to
Engineer &
encourage reuse or recycling of the solid waste
Contractor
TIME FRAME
COST
(KSHS)
Throughout
construction
period
7. Reduce dust emissions
Ensure strict enforcement of on-site speed Project Manager &
limit regulations/ Installation of dust nets
Contractor
Avoid excavation works in extremely dry Project Manager &
weathers
Contractor
Dust emission
Sprinkle water on graded access routes when
Project Manager &
necessary to reduce dust generation by
Contractor
construction vehicles
Personal Protective equipment to be worn
Project Manager
always when at work place
Throughout
construction
period
Throughout
construction
period
Throughout
construction
period
Throughout
construction
period
15,500
8. Minimization of exhaust emissions
Vehicle idling time shall be minimized
Project Manager &
Contractor
Alternatively fuelled construction equipment
Project Manager &
shall be used where feasible equipment shall
Exhaust emission
Contractor
be properly tuned and maintained
Sensitize truck drivers to avoid unnecessary
racing of vehicle engines at loading/offloading Project Manager &
points and parking areas, and to switch off Contractor
vehicle engines at these points
9. Minimization of noise and vibration
©AWEMAC 2015
Throughout
construction
period
Throughout
construction
period
Throughout
construction
period
Page 99
0
0
0
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
TIME FRAME
COST
(KSHS)
Throughout
construction
period
0
Throughout
construction
period
0
Ensure that construction machinery are kept Project Manager &
in good condition to reduce noise generation Contractor
Throughout
construction
period
25,000
Ensure that all generators and heavy-duty
Project Manager &
equipment are insulated or placed in
Contractor
enclosures to minimize ambient noise levels
Throughout
construction
period
10,000
The noisy construction works will entirely be
Project Manager &
planned to be during daytime when most of
all site foremen
the neighbours will be at work.
Comply with the provisions of Noise
Prevention and Control Rules 2005, Legal Project Manager &
notice no. 24 regarding noise limits at the all site foremen
workplace
10. Minimization of energy consumption
Throughout
construction
period
0
Throughout
construction
period
0
Sensitize construction vehicle drivers and
Project Manager &
machinery operators to switch off engines of
Contractor
vehicles or machinery not being used.
Sensitize construction drivers to avoid
gunning of vehicle engines or hooting
Project Manager &
especially when passing through sensitive
Contractor
areas such as churches, residential areas and
hospitals
Noise and vibration
Increased energy
consumption
Ensure electrical equipment, appliances and Project Manager &
lights are switched off when not being used
Contractor
Install energy saving fluorescent tubes at all
Project Manager &
lighting points instead of bulbs which consume
Contractor
higher electric energy
©AWEMAC 2015
Throughout
construction
period
Throughout
construction
period
Page 100
0
5,000
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Ensure planning of transportation of materials
Project Manager &
to ensure that fossil fuels (diesel, petrol) are
Contractor
not consumed in excessive amounts
Monitor energy use during construction and Project Manager &
set targets for reduction of energy use.
Contractor
TIME FRAME
Throughout
construction
period
Throughout
construction
period
COST
(KSHS)
5,000
5,000
11. Minimize water consumption and ensure more efficient and safe water use
High water demand
Install water conserving taps that turn-off Project Manager &
automatically when water is not being used
Contractor
One-off
10-40 %
higher
Promote recycling and reuse of water as much Project Manager &
as possible
Contractor
Throughout
construction
period
2,000
One-off
2,000
Install a discharge meter at water outlets to Project Manager &
determine and monitor total water usage
Contractor
Project Manager &
Promptly detect and repair water pipe and
Contractor
tank leaks
Project Manager &
Sensitise staff to conserve water by avoiding
Contractor
unnecessary water use
Ensure taps are not running when not in use
Project Manager &
Contractor
Throughout
construction
period
Throughout
construction
period
Throughout
construction
period
12. Minimize release of liquid effluent
Ensure that liquid effluent generated by Mechanical
Generation of wastewater
construction workers is directed to the Engineer & Project One-off
existing sewerage treatment plant.
Manager
©AWEMAC 2015
Page 101
5000
per
month
0
1,500
15,000
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
TIME FRAME
Conduct regular checks for pipe blockages or Mechanical
Throughout
damages since such vices can lead to release of Engineer & Project construction
the effluent into the land and water bodies
Manager
period
Monitor effluent quality regularly to ensure Mechanical
Throughout
that the stipulated discharge rules and Engineer & Project construction
standards are not violated
Manager
period
13. Minimize occupational health and safety risks
Ensure that all building plans are approved by
Approval of building plans the Local Authority and the local Occupational Developer
Health and Safety Office
Registration of the premises under the
Registration of the premises Occupational Safety and Health Act, 2007 Developer
Laws of Kenya is mandatory
A general register should be kept within the
Project Manager &
General register
facility as stipulated in Sec 122&123 of the
Contractor
Occupational Safety and Health Act, 2007.
There shall be displayed at prominent places
Posting of abstract of Act, within the site the prescribed abstract of the Project Manager &
rules and notices
OSHA and the relevant notices as stipulated in Contractor
section 121 of the OSHA, 2007.
Ensure that provisions for reporting incidents,
accidents and dangerous occurrences during Project Manager,
construction
using
prescribed
forms Developer &
obtainable from the local Occupational Health Contractor
Incidents, accidents and
and Safety Office (OHSO) are in place.
dangerous occurrences.
Enforcing adherence to safety procedures and
The Contractor,
preparing contingency plan for accident
Project Manager&
response in addition safety education and
Site Safety Officer
training shall be emphasized.
©AWEMAC 2015
COST
(KSHS)
3,000/
Month
3,000/
Month
One-off
5,000
One-off
5,000
One-off
0
One-off
2,500
Continuous
5,000/
Month
Continuous
11,600
Page 102
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Ensure that the premises are insured as per
Insurance
statutory requirements (third party and Developer
workman’s compensation)
Develop, document and display prominently Project Manager,
Safety, health and
an appropriate SHE policy for construction Developer &
environment (SHE) policy
works
Contractor
Provisions must be put in place for the
formation of a Health and Safety Committee, in
Health and safety committee
Project Manager
which the employer and the workers are
represented
Suitable, efficient, clean, well-lit and adequate
Sanitary conveniences
sanitary conveniences should be provided for Project Manager
construction workers
Arrangements must be in place for the medical
Project Manager,
examination of all construction employees
Medical examination
Developer &
before, during and after termination of
Contractor
employment
Ensure that machinery, equipment, personal
protective equipment, appliances and hand
Project Manager,
tools used in construction do comply with the
Developer &
prescribed safety and health standards and be
Contractor
appropriately installed maintained and
safeguarded
Machinery/equipment
safety
Ensure that equipment and work tasks are Project Manager,
adapted to fit workers and their ability Developer &
including protection against mental strain
Contractor
All machines and other moving parts of Project Manager
equipment must be enclosed or guarded to
protect all workers from injury
©AWEMAC 2015
TIME FRAME
COST
(KSHS)
Annually
_
One-off
2,300
One-off
5,500
One-off
9,000
Continuous
500 per
examinatio
n
One-off
_
Continuous
_
One-off
_
Page 103
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Arrangements must be in place to train and Project Manager
supervise inexperienced workers regarding
construction machinery use and other
procedures/operations
Equipment such as fire extinguishers must be Project Manager
examined by a government authorized person.
The equipment may only be used if a
certificate of examination has been issued
Reports of such examinations must be Project Manager
presented in prescribed forms, signed by the
examiner and attached to the general register
Ensure that materials are stored or stacked in Project Manager
such manner as to ensure their stability and
prevent any fall or collapse
Storage of materials
Ensure that items are not stored/stacked Project Manager
against weak walls and partitions
All floors, steps, stairs and passages of the Project Manager &
premises must be of sound construction and Contractor
properly maintained
Project Manager &
Securely fence or cover all openings in floors
Contractor
Provide all staircases within the premises with Project Manager &
Safe means of access and
suitable handrails on both sides
Contractor
safe place of employment
Ensure that construction workers are not Project Manager &
locked up such that they would not escape in Contractor
case of an emergency
All ladders used in construction works must be Project Manager &
of good construction and sound material of Contractor
adequate strength and be properly maintained
©AWEMAC 2015
TIME FRAME
COST
(KSHS)
Continuous
5,000 per
training
Continuous
5,000 per
examinatio
n
Continuous
3,000 per
examinatio
n
Continuous
5,000
Continuous
_
Continuous
_
One-off
_
One-off
Continuous
_
One-off
_
Page 104
EXPECTED NEGATIVE
IMPACTS
ESIAStudy Report
RESPONSIBLE
Design suitable documented emergency Project Manager &
preparedness and evacuation procedures to be Contractor
used during any emergency
Such procedures must be tested at regular Project Manager &
intervals
Contractor
Ensure that adequate provisions are in place to Project Manager &
immediately stop any operations where there Contractor
Emergency
preparedness in an imminent and serious danger to health
and evacuation procedures and safety and to evacuate workers
Ensure that the most current emergency Project Manager &
telephone numbers posters are prominently Contractor
and strategically displayed within the
construction site
Provide measures to deal with emergencies Project Manager &
and accidents including adequate first aid Contractor
arrangements
Well stocked first aid box which is easily Project Manager &
available and accessible, should be provided Contractor
within the premises
First Aid
Provision must be made for persons to be Project Manager &
trained in first aid, with a certificate issued by Contractor
a recognized body.
14. Ensure the general safety and security of the site and surrounding areas
Architect, Project
Coordinate with other planning goals and
Manager, Contactor
objectives for the region
and the Developer
Increased Pressure on
Infrastructure
Architect, Project
Upgrade existing infrastructure and services,
Manager, Contactor
where feasible.
and the Developer
©AWEMAC 2015
TIME FRAME
COST
(KSHS)
One-off
4,000
Every 3 months
4,000
One-off
6,000
One-off
2,000
Continuous
5,000
One-off
5,000
One-off
5,000
Continuous
Continuous
Page 105
18,000
ESIAStudy Report
Ensure the general safety and security at all Security Officer,
Continuous
times by providing day and night security Project Manager &
guards and adequate lighting within and Police
around the construction site.
Body-search the workers on entry, to avoid Security Officer
Continuous
Insecurity
getting weapons on site, and leaving site to
ensure nothing is stolen.
Ensure only authorized personnel get to the Security Officer
Continuous
site
Security alarms will be installed
Security Officer
Continuous
15. Displacement of current business enterprises on site
Proponent in
One-off
Economic Displacement of
consultation with
Development an acceptable settlement plan for
current business enterprises
the Environmental
the business enterprises and the depandants
on site
and Social
Consultants
16. Environmental monitoring of the project
Due to the magnitude of the project the
proponent will liaise with the environmental Proponent,
Throughout
Environmental concern during
consultants throughout the construction phase Contractor
and construction
the construction phase
and ensure that the conditions of approval are AWEMAC
phase
adhered to.
©AWEMAC 2015
Page 106
15,000
10,000,000
ESIAStudy Report
9.3 Operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and
responsibilities pertaining to prevention, minimization and monitoring of significant
negative impacts and maximization of positive impacts associated with the operational
phase of the Proposed AVIC International Africa Headquarters in Westlands are outlined in
Table 7 below
©AWEMAC 2015
Page 107
ESIAStudy Report
Table 7: Operation Phase Environmental Management Plan (EMP) for the Proposed AVIC International Africa
Headquarters Project
Recommended Mitigation
Measures
Expected Negative impact
Responsible Party
Time Frame
COST
(KSHS)
1 Minimization of solid waste generation and ensuring more efficient solid waste management
Use of an integrated solid waste
management system i.e. through a
hierarchy of options: 1. Source Proponent/Property
reduction 2. Recycling 3.Composting Managers
and reuse 4. Combustion 5. Sanitary
landfilling.
Provide solid waste handling
Proponent/Property
facilities such as waste bins and
Managers
skips
Ensure that solid waste generated is
Proponent/Property
regularly disposed of appropriately
Managers
at authorized dumping sites
Donate redundant but serviceable
Proponent/Property
equipment
to
charities
and
Managers
institutions
Comply with the provisions of
Environmental Management and Proponent/Property
Co-ordination
(Solid
Waste) Managers
Regulations 2006
One-off
5,000/Month
One-off
10,000
Continuous
10,000/month
Continuous
0
Continuous
0
2 Minimize risks of liquid waste release into environment
Provide adequate and safe means of
Liquid waste release into
Proponent/Property
handling liquid waste at the
One-off
the environment
Managers
premises
©AWEMAC 2015
Page 108
ESIAStudy Report
Responsible Party
Measures
Conduct regular inspections for pipe
Proponent/Property
blockages or damages and fix them
Managers
appropriately
Ensure regular monitoring of the
sewage discharged from the project
Proponent/Property
to ensure that the stipulated
Managers
sewage/effluent discharge rules and
standards are not violated
Comply with the provisions of
Environmental Management and Proponent/Property
Co-ordination
(Water
Quality) Managers
Regulations 2006
Time Frame
COST
(KSHS)
Continuous
500
per
inspection
Continuous
500/paramete
r
Continuous
0
Continuous
_
3 Minimize energy consumption
Energy Use
Switch off electrical equipment, Proponent/Property
appliances and lights when not in Managers
use
Install occupation sensing lighting Proponent/Property
at various locations such as the Managers
parking areas which are not in use
all the time
Install energy saving fluorescent Proponent/Property
tubes at all lighting points within Managers
the building instead of bulbs which
consume higher electric energy
Monitor energy use during the Proponent/Property
operation of the project and set Managers
targets for efficient energy use
Sensitize workers on how to use Proponent/Property
energy efficiently
Managers
©AWEMAC 2015
One-off
One-off
10-40
%
higher
than
ordinary
lighting
10-40
%
higher
than
ordinary
lighting
Continuous
5,000/month
Continuous
500/month
Page 109
ESIAStudy Report
Responsible Party
Measures
4 Minimize water consumption and ensure more efficient and safe water use
Promptly detect and repair water Proponent/Property
pipe and tank leakages
Managers
Workers/visitors to conserve water Proponent/Property
e.g. by avoiding unnecessary toilet Managers
flushing
Ensure taps are not running when Proponent/Property
Water management
not in use
Managers
Install water conserving taps that Proponent/Property
turn-off automatically when water Managers
is not being used
Install a discharge meter at water Proponent/Property
outlets to determine and monitor Managers
total water usage
5 Minimization of health and safety impacts
Implement all necessary measures
to ensure health and safety of
workers
Health and safety impacts
and the general public during Proponent/Property
operation of the offices as Managers
stipulated in the
Occupational Safety and Health
Act,2007
6 Ensure the general safety and security of the premises and surrounding areas
©AWEMAC 2015
Time Frame
COST
(KSHS)
Continuous
5,000/month
Continuous
500/month
Continuous
500/month
One-off
10-40
%
higher
than
ordinary taps
One-off
5,000
Continuous
_
Page 110
ESIAStudy Report
Ensure the general safety and
security at all times by providing
day and
Proponent/Property
General safety and security
night security guards and adequate Managers
lighting within and around the
premises
7 Ensure environmental compliance
Africa Waste and
Undertake an environmental audit
Environment
Environmental compliance
within 12 months after operation
Management Centre
commences as required by law
Firm of Experts
©AWEMAC 2015
Continuous
10,00
0/month
12 months after
operation
40,000
commences
Page 111
ESIAStudy Report
9.4 Decommissioning Phase
In addition to the mitigation measures provided in Tables 6 and 7, it is necessary to outline
some basic mitigation measures that will be required to be undertaken once all operational
activities of the project have ceased. The necessary objectives, mitigation measures,
allocation of responsibilities, time frames and costs pertaining to prevention, minimization
and monitoring of all potential impacts associated with the decommissioning and closure
phase of the proposed project are outlined in table 8 below
©AWEMAC 2015
Page 112
ESIAStudy Report
Table 8: Decommissioning Phase Environmental Management Plan (EMP) for the Proposed AVIC International
Africa Headquarters Project
Expected Negative Impacts
Recommended
Measures
Mitigation Responsible
Party
Time Frame Cost (KShs)
1. Demolition waste management
Use of an integrated solid waste
management system i.e. through a
hierarchy of options: 1. Source Project Manager &
reduction 2. Recycling 3.Composting Contractor
and reuse 4. Combustion 5. Sanitary
land filling.
All buildings, machinery, equipment, Project Manager &
structures and partitions that will not Contractor
be used for other purposes must be
removed and recycled/reused as far as
possible
All foundations must be removed and Project Manager &
recycled, reused or disposed of at a Contractor
licensed disposal site
Where
recycling/reuse
of
the Project Manager &
machinery, equipment, implements, Contractor
structures, partitions and other
demolition waste is not possible, the
materials should be taken to a licensed
waste disposal site
Donate reusable demolition waste to Project Manager &
charitable organizations, individuals Contractor
and institutions
Demolition waste
Once-off
Once-off
15,000
Once-off
7,000
Once-off
0
Once-off
0
2. Rehabilitation of project site
©AWEMAC 2015
5,000
Page 113
Expected Negative Impacts
ESIAStudy Report
Recommended
Measures
Mitigation Responsible
Party
Implement
an appropriate
revegetation programme to restore the
site to its original status
Consider use of indigenous plant
species in re-vegetation
Trees should be planted at suitable
locations so as to interrupt slight lines
(screen planting), between the
adjacent area and the development.
Site degradation
©AWEMAC 2015
Time Frame Cost (KShs)
Project Manager &
Contractor
Once-off
Project Manager &
Once-off
Contractor
Project Manager &
Contractor
Once-off
Page 114
0
0
0
ESIAStudy Report
10. CONCLUSION AND RECOMMENDATION
The ESIA study has established that the proposed development project by AVIC
International Real Estate (Kenya) Limited is a worthy investment by the proponent and
broadly with no doubt will contribute significantly to the economic development of the
country. This will be achieved through the prior discussed positive impacts namely; growth
of the economy, boosting of the informal sector during the construction phase, provision of
market for supply of building materials, employment generation, increase in government
revenue and optimal use of land.
However, the ESIA study has established that the proposed project will also come along
with some negative impacts. The negative environmental impacts that will result from
establishment of the proposed project which include pressure on the existing traffic and
parking facilities, hydrology and water quality degradation, noise pollution, dust emissions,
solid waste generation, increased water demand, increased energy consumption,
generation of exhaust emissions, workers accidents and hazards during construction,
possible exposure of workers to diseases, increased storm water among others can
however be sufficiently mitigated.
The proponent of the proposed project shall be committed to putting in place several
measures to mitigate the negative environmental, safety, health and social impacts
associated with the life cycle of the project. It is recommended that in addition to this
commitment, the proponent shall focus on implementing the measures outlined in the EMP
as well as adhering to all relevant national and international environmental, health and
safety standards, policies and regulations that govern establishment and operation of such
projects. It is expected that the positive impacts that emanate from such activities shall be
maximised as much as possible as exhaustively outlined within the report. These measures
will go a long way in ensuring the best possible environmental compliance and
performance standards.
It is our recommendation that the project be allowed to go on provided the mitigation
measures outlined in the report are adhered to, Environmental Management Plan (EMP) is
implemented and the developer adhere to the conditions of approval of the project.
©AWEMAC 2015
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ESIAStudy Report
REFERENCES
Environmental Management and Coordination (Noise and Excessive Vibration Pollution)
(Control) Regulations, 2009, government printer, Nairobi
Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act
Number 8 of 1999. Government printer, Nairobi
Kenya gazette supplement number 56. Environmental Impact Assessment and Audit
Regulations 2003, Government Printers, Nairobi
Kenya gazette supplement Acts Building Code 2000, Government Printers, Nairobi
Kenya gazette supplement Acts Local Authority Act (Cap. 265), Government Printers,
Nairobi
Kenya gazette supplement Acts Penal Code Act (Cap.63) Government Printers, Nairobi
Kenya gazette supplement Acts Physical Planning Act, 1999, Government Printers, Nairobi
Kenya gazette supplement Acts Water Act, 2002, Government Printers, Nairobi
Kenya gazette supplement Acts Public Health Act (Cap. 242) government printer, Nairobi
Kenya gazette supplement number 57, Environmental Management and Coordination
(Controlled Substances) Regulations, 2007, Government printer, Nairobi
(Water Quality) Regulations, 2006, Government printer, Nairobi
(Waste management) Regulations, 2006, Government printer, Nairobi
Noise Prevention and Control Rules 2005, Legal Notice no. 24, Government Printers,
Nairobi
Noise Prevention and Control Rules 2005, Legal Notice no. 24, government printer, Nairobi
Pollution prevention and abatement handbook – Part III, (September, 2001)
National Development Plan, 2002-2008; Effective Management for Sustainable Economic
Growth and Poverty Reduction, Government Printers, Nairobi
World Bank (1991), Environmental Assessment sourcebook volume I: Policies, procedures
and cross-sectoral issues. World Bank, Washington.
©AWEMAC 2015
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ESIAStudy Report
ANNEXES
1. Copy of Land Ownership Documents/Title Deeds/Lease Documents.
2. AVIC International Real Estate (K) Limited Certificate of Incorporation
3. AVIC International Real Estate (K) Limited KRA PIN Certificate
4. Approved Architectural Drawings
5. Site survey plans
6. Technical Index
7. Bill of quantities for the proposed project
8. Change of User Application Letter
9. Minutes of the Consultative Public Meeting and list of attendants
10. Sample of Public Consultation Questionnaires
11. Traffic Management Plan
12. AWEMAC EIA License – 2015
13. Sample Public Meeting Notice
©AWEMAC 2015
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ESIA_1214 Avic International Africa HQ in Westlands report

Transcription

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