1.
0 INTRODUCTION
1.1 General Overview, Justification, and Rationale for EIA
The proponent has proposed to develop a modern student hostel at the current junior staff
quarters location inside the Multimedia University of Kenya. The proposed site is within the
school compound and thus is compliant with planning policy. The proposed project is
collaborated by the ever-growing student population coupled with overpopulated hostels that are
currently available, thus the need for an increase in modern hostel units. Besides, the project
brings forth various advantages as discussed elsewhere in this report.
The rationale for the EIA Study Report is to integrate environmental aspects in the planning and
implementation processes of the proposed project to mitigate adverse impacts and enhance the
positives. Besides, environmental impact assessment (EIA) for such projects is now a legal
requirement. The ultimate objective of an EIA is to provide decision-makers, relevant
institutions/organizations, proponents, and other stakeholders with the foreseeable environmental
impacts of a proposed activity and therefore enable planning ahead taking into account all
predictable outcomes and adequately providing for them for sustainability.
The purpose of the study is to identify foreseeable potential impacts (physical, ecological, and
cultural/socioeconomic) to enhance the benefits and at the same time avoid negative impacts
(costs) or provide appropriate cost-effective measures to remedy the negative impacts that cannot
be completely avoided. The study is expected to raise both the potential positive and negative
impacts likely to emanate from the proposed project. Integrating Sustainable Environmental
Management principles in the planning, implementation, and throughout the project cycle is vital
in reducing/mitigating conflicts and enhancing environmental conservation.
1.2 Objectives
The main objective of this EIA Study Report was to establish the baseline conditions of the
proposed site, evaluate the existing and anticipated impacts, and propose measures to enhance
the positive impacts and measures to attenuate the effects of the significant negative impacts.
1.3 Terms of Reference (TOR)
This Environmental Impact Assessment involved the generation of baseline information,
establishing the
current status of the proposed site and its environs, identification of predictable effects of the
development on the environment (including infrastructure, occupational health and safety issues)
and direction & magnitude of the changes, analysis of the compatibility of the proposed project
with the surrounding land uses (as per the prevailing policy and legal framework) and the
proposition of potential mitigation measures to be undertaken throughout the project cycle; and
development of an environmental management plan with proposed mechanisms for monitoring
and evaluating the compliance and environmental performance.
1.4 Scope of EIA
The study has been conducted as per the above TOR and as set out in EMCA, CAP 387, and the
Environmental (Impact Assessment and Audit) Regulations, 2003. i.e. to evaluate the potential
and the foreseeable impacts of the proposed project, generation of baseline information
evaluation and recommendation of the best alternatives from the options available (if any), the
nature, order of magnitude, extent, duration, and reversibility of the potential changes. The
geographical scope is limited to the direct and indirect physical extent as may be foreseeably
affected by the proposed project.
1.5 Methodology
The methodology involved visits to the proposed site for data collection, relevant desktop study,
analysis and interpretation of data collected, analysis of proposed designs, activities and
schedules, public participation, and consultation with professionals and other stakeholders.
2.0 ENVIRONMENTAL SETTING OF THE PROJECT AREA
AND ITS ENVIRONS
2.1 PHYSICAL ENVIRONMENT
2.1.1 Climate
The climate of Nairobi is pleasant for most of the year experiencing a double (bi-modal) seasonal
rainfall pattern (which peaks during the months of April and November) with high to moderate
rainfall from April-May and November-December. Mean annual rainfall range is
500-1000mm/year. Relative humidity mean values range from 70 to 80%. The temperature
fluctuates between 15oC and 32oC in most areas. Areas to the north and west of the city center
(CBD) tend to enjoy cooler temperatures and are relatively wet while dry conditions prevail
further to the east and south. The proposed project site is to the west of the CBD.
2.1.2 Geology, Soils, and Topography
The subject proposed site is flat and the general area in the environs is in some places
characterized by steep slopes. It has an underlying rock of tuff and trachytes and soils vary in
depth, red soils.
2.2 BIOLOGICAL ENVIRONMENT
2.2.1 Flora
The general area is planted with vegetation (trees) mostly along the roads, plot boundaries, and
in designated gardens within the respective plot boundaries. The proposed site has planted
vegetation but none is of special conservation or cultural importance.
2.2.2 Fauna
The site is situated within an area zoned for residential use where human activities have altered
the natural habitat for wildlife over the years. Consequently, there are no major animals in the
environs except maybe some baboons and monkeys from the nearby national park, birds, insects,
and small rodents. Therefore there is no fauna threatened by the proposed project.
2.2.3 Sensitive ecosystems
There are no sensitive ecosystems like rivers and wetlands near the proposed site.
2.3 SOCIO ECONOMIC ENVIRONMENT
The proposed project site is within a parastatal and therefore almost every other plot in the
neighborhood is commercial-related activities. The location is well accessible via good roads
from several routes. All social amenities (hospitals, classes, religious places, shopping areas etc.)
are within easy reach. All major urban infrastructures (water, electricity, sewer, roads, and
landline telephony) are connected to the proposed project site. All emergency facilities (fire
brigade, ambulances, etc) are within easy reach from the various providers. There are no sites of
cultural, historic, or traditional significance in the immediate neighborhood. The area is within
the County Government of Nairobi’s jurisdiction and therefore served by the NCC’s
infrastructure and is also bound by the NCC’s by-laws.
2.3.1 Roads and Accessibility
The immediate access road is unnamed and is well-networked with other several roads therefore
the site is well-accessible.
2.3.2 Sewer system
The proposed site is served by NCC sewer and is and shall remain connected to the same. The
sewer system reticulation has been effectively designed in the proposed plans and will be
connected to each unit and to the existing NCC sewer system with approval from the
NCC/NCWSC.
2.3.3 Water resources
The proposed project site is connected and shall remain connected to the NCC water supply
network. It is proposed that the proposed development will have cold-water storage tanks to the
specifications of the mechanical engineer. It is recommended that the proponent explore
harnessing rainwater for general use to minimize pressure on the existing water supply.
2.3.4 Surface Drainage
There is no drainage system along the access road, which drains the area.
2.3.5 Solid waste Management
The area is within the jurisdiction of the Nairobi City County, which has the responsibility of
disposal of waste. However, the proponent/contractor has an option of contracting a private
garbage collecting company. The proposed project has included dustbin cubicles (protected from
rain and animals) but this cannot handle construction solid waste - arising from the demolition
debris, vegetation materials to be cleared, and construction material wastes (wooden, glass,
plastics, sanitary litter e.t.c.). This calls for sound waste management system especially during
construction. All solid wastes should be dumped in approved dumpsites and in accordance with
the regulations.
2.3.6 Energy
The site is connected to the national grid but may require to be upgraded subject to approval by
the KPLC to cater for the increased demand. Fossil fuels will power some machinery/equipment.
2.3.7 Communication
The area is well covered by all communication facilities such as landline and mobile services.
All these will facilitate communication throughout the project cycle.
3.0 RELEVANT LEGISLATIVE AND REGULATORY
FRAMEWORK
3.1 The Environment Management and Coordination Act, CAP 387
The Act entitles every person in Kenya to a clean and healthy environment and aims to safeguard
and enhance the environment. Though there are other sectoral laws on environmental
conservation, this is the supreme Act. It provides guidelines on issues of the environment and
stipulates offenses and penalties. The Act also lists the type of projects, which must be subjected
to the EIA process and establishes NEMA. The proponent appointed experts to conduct the EIA
study report to seek approval from the National Environment Management Authority, NEMA.
3.2 The Environment (Impact Assessment and Audit) Regulations, 2003
These are entrenched under section 147 of the EMCA. The regulations provide the framework
for carrying out EIAs and EAs in Kenya. This EIA study Report is conducted in conformity with
these regulations and EMCA, CAP 387.
3.3 The Environmental Management and Co-ordination (Water Quality)
Regulations, 2006
These regulations set the standards of domestic water and wastewater. The regulations are meant
for pollution control and prevention and provides for protection of water sources. The proposed
project has no chance of significantly affecting this since the project will connect to the NCC
supply, sewer and the proponent shall take appropriate measures as provided in the regulations.
3.4 Environmental Management and Co-ordination (Waste Management)
Regulations, 2006
These regulations define the responsibilities of waste generators and define the duties and
requirements for the transportation and disposal of waste. It provides for mitigation of pollution
and provides for hazardous and toxic wastes. The regulations require a waste generator to
dispose of waste only to a designated waste receptacle. The proponent shall adhere to the
regulations and proposes to contract a NEMA-registered waste transporter.
3.5 The world commission on environment and development–the Brundtland
Commission of (1987)
The Brundtland Commission addresses the environmental aspects of development. It has
emphasized on sustainable development that produces no lasting damage to the biosphere and to
particular ecosystems. In addition to environmental sustainability is the economic and social
sustainability. Economic sustainable development is development for which progress towards
environmental and social sustainability occurs within available financial resource. The proponent
is committed to adhere to the proposed EMP to ensure environmental enhancement and this
would first be monitored through the initial environmental audit.
3.6 National Policy on Water Resources Management and Development
It enhances a systematic development of water facilities in all sectors for the promotion of the
country’s socioeconomic progress, and also recognizes the by-products of these processes as
wastewater. It calls for development of appropriate sanitation systems to protect people’s health
and water resources from pollution. The proponent has provided for sewer reticulation in the
design and will connect to the NCC sewer on being authorized.
3.7 The Occupational Safety and Health Act, 2007
The Act makes provision for the health, safety and welfare of persons employed in factories and
other places of work. The provisions require that all practicable measures be taken to protect
persons in places of work from dust, fumes or impurities originating from any process within the
workplace. The provisions of the Act are also relevant to the management of hazardous and non-
hazardous wastes, which may arise at a project site. The Act provides for all necessary safety
precautions to ensure the health and safety of workers. The proponent will appoint a reputable
contractor who will be responsible in enforcing the requirements during construction and
subsequent repairs and maintenance after project completion.
3.8 The Physical Planning Act of 1996
This is the principle Act governing land planning and the project proponent is required to acquire
a certificate of Compliance or approval letter from the relevant institutions as set out in the Act.
The sole objective of the Act is to harmonize development. The drawings (plans) of the
proposed project have been approved by NCC as an indication of compliance.
3.9 County Governments Act, 2012
The Act empowers county governments to make by-laws in respect of suppression of nuisances,
imposing fees for any license or permit issued in respect of trade or charges for any services.
County governments are given the power to control or prohibit all developments which, by
reason of smoke, fumes, chemicals, gases, dust, smell, noise, vibration or other causes, may be or
become a source of danger, discomfort or annoyance to the neighborhood, and to prescribe the
conditions subject to which such developments shall be carried on. In compliance, the EIA Study
Report has proposed potential mitigation measures (in the EMP and monitoring plan; and the
environmental management Framework in the report.
3.10 Building code 2000
This provides the basic rules, guidelines and standards for construction. It is a comprehensive
document, which every developer/proponent/ contractor should have. All approvals will be
sought before commencement of the work and regular monitoring will follow to ensure
compliance with set standards and conditions.
3.11 Public Health Act- (Revised 1986)
The Act demands the adoption of practicable measures to prevent injurious and unhealthy
conditions on the site. The Act requires the proponent to enhance effective management of
Nuisances i.e. noxious matter or wastewater as will be discharged from the proposed project
throughout the project cycle. To achieve this, systems on the management of both solid and
liquid waste (effluent) will be adopted as proposed in the report. For instance, the effluent will
be discharged into a public sewer line. The solid waste shall be handled by a professional
garbage collector on a regular basis and disposed appropriately as per the waste regulations.
Sanitary facilities shall be in conformity with MOH standards and installation of standard
fittings.
3.12 The Water Act, 2016
Part III section 21 (1) of this Act provides for national monitoring and geo-referenced
information systems on water resources to be effected by the Water Resources Management
Authority. Following this, sub-section 2 allows the Authority to demand from any person or
institution, within a reasonable time or regularly, specified information, documents, samples, or
materials on water resources. Under these rules, specific records may be required to be kept by a
site operator, and the information thereof furnished to the authority. Part IV Section 63 states that
“every person in Kenya has a right to clean and safe water in adequate quantities and to
reasonable standards of sanitation as stipulated in Article 43 of the Constitution” Section 110 of
the Act allows a person with a license (licensee) to supply water to make regulations for
purposes of protecting against degradation of water sources. Section 107 and sub-section 1 allow
the licensee to construct and maintain drains, sewers, and other works for intercepting, treating,
or disposing of any foul water arising or flowing upon such land to prevent pollution of water
sources within his/her jurisdiction. Section 108 subsections 2 and 3 states that a person shall not
discharge any trade effluent from any trade premises into the sewers of a licensee without the
consent of the licensee upon application indicating the nature and composition of the trade
effluent, the maximum quantity of effluent to be discharged on any one day, the highest rate of
discharge and any other information deemed necessary. The consent shall be issued on
conditions including payment of rates for the discharge as may be provided under section 109 of
the same Act. Section 143 subsections 1 (b) of the Act makes it an offense to throw, convey,
cause, or permit to be thrown or conveyed, any rubbish, dirt, refuse, effluent, trade waste, or
other offensive matter or thing into or near to any water resource in such a manner as to cause, or
be likely to cause, pollution of the water resource. The proponent shall connect to the Nairobi
City Water and Sewerage Company for water and sewerage services.
3.14 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009
The regulations seek to control noise and vibration pollution generated from various sources.
Regulation 13 prohibits any person from carrying out construction activities at night if such
activities are likely to generate noise above the levels set under the second schedule of these
regulations. Regulation 14(3) requires that any person carrying out construction, demolition,
mining, or quarrying work shall ensure that the vibration levels do not exceed 0.5 centimeters per
second beyond any source property boundary or 30 meters from any moving source.
