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ATHI WATER SERVICES BOARD WATER AND SANITATION SERVICE IMPROVEMENT PROJECT (WASSIP) DETAILED DESIGN, BID DOCUMENTATION AND WORKS SUPERVISION FOR WASSIP-INFORMAL SETTLEMENTS WORKS CONTRACT NO. AWSB/WASSIP/COMP 1/CS-10/10 PHASE 1 – STAGE A

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT PROJECT REPORT

DECEMBER, 2013

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Client Athi Water Services Board Africa-Re Centre, Hospital Road, Upper Hill P.O. Box 45283 - 00100 (GPO) Nairobi, Kenya

Name Prof. J.I. Kinyamario

Consultant Runji & Partners Consulting Engineers Ltd P.O. Box 68058 – 00200 Nairobi, Kenya

Compiled by Qualification

Signature

Registered Lead EIA Expert No. 0134 _________________________

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Document Authentication This report is prepared for and on behalf of: Athi Water Services Board Africa-Re Centre, Hospital Road, Upper Hill P.O. Box 45283 - 00100 (GPO) Nairobi, Kenya Tel: +254-20-2724292/3, 2711342, 2727238/439/440/441/442, 2727616 Fax: +254-20-2724295 Email: [email protected] Signed by…………………………………………...........………… Position…………………………………….....……………………. Signature…………………………………………………………... Date…………………………………….....……………………….. I, Prof. Jenesio I. Kinyamario, a registered Lead EIA Expert by the National Environment Management Authority (License No. 0134), confirm that the contents of this report are a true representation of the Environmental Impact Assessment of the proposed Water and Sanitation Service Improvement Project, Nairobi. Signed by the Lead of EIA Expert: Name: Prof. Jenesio I. Kinyamario (License No. 0134)

Signature: …...…………………………………………… Date:……………11/7/2013……………………………….

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ACRONYMS AND ABBREVIATIONS AMCEN - African Ministerial Conference on the Environment AWSB - Athi Water Services Board (AWSB) and CBD - Convention on Biological Diversity CBOs – Community Based Organisations CDF – Constituency Development Fund CITES - Convention on International trade in Endangered Species of Wild Fauna and Flora CMS - Convention on Migratory Species CMS - Convention on Migratory Species o C – degree Celsius DC – County Commissioner DO – County Officer EAC - East Africa Community EMCA - Environmental Management and Coordination Act EMP – Environmental Management Plan ERS - Economic Recovery Strategy ESIA – Environmental and Social Impact Assessment ESMF - Environmental and Social Management Frameworks EU - European Union GHGs – greenhouse gases GI – galvanised iron GoK – Government of Kenya HIV/AIDS IBAs - Important Bird Areas IRR - Internal Rate of Return KES – Kenya Shilling KWS – Kenya Wildlife Service MDGs – Millennium Development Goals NCC - Nairobi City Council NCWSC - Nairobi City Water and Sewerage Company NEAP - National Environment Action Plan NEC – National Environment Council NEPAD - New Partnership for Africa's Development NGOs – non-governmental organisations NISWASIP - Nairobi Informal Settlements Water and Sanitation Improvement Programme NPEP - National Poverty Eradication Plan NWSC - Nairobi Water and Sewerage Company NWSS - National Water Services Strategy PPIP - Pro-Poor Implementation Plan PVC - Polyvinyl chloride RPF - Resettlement Policy Framework SHG - Self – Help Groups SPAs - Service Provision Agreements TB - Tuberculosis TOR – Terms of Reference UfW - un-accounted for water UNCCD - United Nations Convention to Combat Desertification UNFCC - United Nations Framework Convention on Climate Change UN-HABITAT USD – US Dollar VCT - voluntary counselling and testing WASREB - Water Services Regulatory Board WaSSIP - Water and Sanitation Service Improvement Project WB – World Bank Water & Sanitation Service Improvement Project (WaSSIP)

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WRMA - Water Resources Management Authority WSB – Water Service Board WSPs – Water Services Providers WSSD - World Summit for the Social Development WSTF - Water Services Trust Fund

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TABLE OF CONTENTS PAGE 9

EXECUTIVE SUMMARY................................................................................................... CHAPTER 1: PROJECT BACKGROUND ........................................................................ 1.1 Introduction ................................................................................................................ 1.1.1 Characteristics of Informal Settlement ..................................................... 1.2 Overview of Social Economic Dimensions of Informal Settlements .............................. 1.3 Project Area ..................................................................................................................... 1.4 Project Objectives ........................................................................................................... 1.5 General Introduction on the Informal Settlements ........................................................... 1.6 Water Sector Reforms ...................................................................................................... 1.7 Objectives of the EIA ....................................................................................................... 1.8 Methodology .................................................................................................................... 1.8.1 Sampling ...................................................................................................................... 1.9 Relevance of the policy interventions to the target groups ............................................. 1.9.1 Mailisaba ............................................................................................................... 1.9.2 Matopeni and Spring Valley ......................................................................... 1.9.3 Kahawa Soweto .......................................................................................... 1.9.4 Greater Mathare ...........................................................................................

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1.9.5 Huruma ......................................................................................................... 1.10 Consultancy Services........................................................................................... 1.10.1 Stage A: Design and Bid Documents ........................................................... 1.10.2 Stage B: Construction Supervision (Covered by a Separate Contract) ....... 1.11 Governance Structure in the Informal Settlements Visited .......................................... 1.11.1 Greater Mathare .......................................................................................... 1.11.2 Spring Valley and Matopeni ......................................................................... 1.11.3 Kahawa Soweto ..........................................................................................

14 14 14 15 15 17 18 18 19 19 20 20 20 20 20 21 21 21

21 21 22 25 25

1.11.5 Huruma ...................................................................................................... 1.11.5 Mailisaba .................................................................................................. 1.12 ESIA Justification ....................................................................................................... 1.12.1 Terms of Reference for the ESIA .................................................... 1.12.2 ESIA Objectives ........................................................................................ 1.12.3 Overview ................................................................................................... 1.12.4 Approach ................................................................................................... 1.12.5 No Project Alternative …………………………………………………….. 1.12.6 ESIA Team ............................................................................................... 1.12.7 Budget ………………………………………………………………………

26 26 27 27 27 28 28 28 28 29

CHAPTER 2: INSTITUTIONAL SETUP, POLICY AND LEGAL FRAMEWORK.......... 2.1 Athi Water Services Board ............................................................................................. 2.2 AWSB Mandate ......................................................................................................... 2.2.1 AWSB Vision and Mission ........................................................................... 2.3 Policy Objective ................................................................................................................... 2.3.1 The Project in Context .................................................................................... 2.4 Policy and Legal Issues ................................................................................................. 2.4.1 Need for an ESIA ........................................................................................ 2.4.2 Policy Provisions ............................................................................................ 2.4.3 Legal Framework ........................................................................................ 2.5 National Policies.................................................................................................... 2.6 National Environmental Acts ................................................................................ 2.7 National Guidelines and Regulations ................................................................... 2.8 Administrative Framework ........................................................................................

30 30 30 30 30 30 31 32 32 33 34 35 39 40

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2.9 Multilateral Environmental Agreements .............................................................. 2.10 World Bank Safeguard Policies ................................................................................ 2.11 Institutional Structure of the Water Sector ................................................................. 2.12 NEMA Compliance .................................................................................................. 2.13 Sectoral Integration .......................................................................................................

41 43 44 45 46

CHAPTER 3: SCOPE OF WORKS ..................................................................................... 3.1 Ablution Blocks and Water Kiosks ................................................................................. 3.2 Sewer Lines ..................................................................................................................... 3.3 Water Lines ....................................................................................................................

47 47 49 49

CHAPTER 4: ENVIRONMENTAL SETTING ................................................................... 4.1 Geology and Soils ........................................................................................................... 4.1.1 Geology .......................................................................................................... 4.1.2 Soils ............................................................................................................... 4.2 Climatic Conditions ....................................................................................................... 4.3 Air Quality ..................................................................................................................... 4.4 Environmental Setup ...................................................................................................... 4.5 Business and Trade ......................................................................................................... 4.6 Employment .................................................................................................................... 4.7 Livestock Keeping .......................................................................................................... 4.8 Crop Growing ................................................................................................................. 4.9 Poverty ............................................................................................................................ 4.10 Major Diseases in Nairobi City ..................................................................................... 4.11 Education ................................................................................................................... 4.12 Cross-Cutting Issues ..................................................................................................... 4.12.1 HIV/AIDS ........................................................................................................ 4.12.2 Gender Aspects ........................................................................................... 4.13 Detailed Socioeconomic Survey Findings .................................................................... 4.13.1 Kayole Soweto ................................................................................................ 4.13.2 Kahawa Soweto ............................................................................................... 4.13.3 Matopeni/Spring Valley ................................................................................... 14.3.4 Mailisaba ......................................................................................................... 4.13.5 Greater Mathare ............................................................................................... 4.13.6 Riverbank Informal Settlement ........................................................................ 4.13.7 Huruma ............................................................................................................. 4.14 People’s Attitude Towards Development In Informal Settlements ..............................

50 50 50 50 50 50 50 52 52 53 53 53 54 54 54 54 55 55 55 70 83 96 106 120 132 146

CHAPTER 5: CONSULTATIVE PUBLIC PARTICIPATION .......................................... 5.1 Overview ..................................................................................................................... 5.2 Public Consultations ...................................................................................................

149 149 149

CHAPTER 6: IDENTIFICATION AND ASSESSMENT OF IMPACTS .......................... 6.1 Overview ......................................................................................................................... 6.2 Positive Impacts .............................................................................................................. 6.3 Impacts from Construction Activities (Environment) .................................................... 6.3.1 Waste Disposal ............................................................................................... 6.3.2 Drainage and Hydrology ................................................................................. 6.3.3 Noise and Vibrations ...................................................................................... 6.3.4 Emissions and Air Quality .............................................................................. 6.3.5 Health and Safety ............................................................................................ 6.3.6 Water Quality .................................................................................................. 6.4 Impacts from Construction Activities on Social and Economic Environment ............... 6.4.1 Social Issues .................................................................................................... 6.4.2 Economic Issues .............................................................................................

151 151 151 152 152 152 152 152 153 153 153 153 153

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6.5 Land Acquisition Issues .................................................................................................. 6.6 Impacts from Operations the Receiving Environment .................................................... 6.6.1 Water Kiosks Operations ................................................................................ 6.6.2 Ablution Blocks Operations ............................................................................ 6.6.3 Sewer Lines ..................................................................................................... 6.6.4 Water Pipelines ............................................................................................... 6.7 Impacts from Operations on Social and Economic Environment ................................... 6.7.1 Social Issues .................................................................................................... 6.7.2 Economic Issues .............................................................................................

153 154 154 154 154 154 154 154 154

CHAPTER 7: MITIGATION MEASURES AND MANAGEMENT PROGRAMMES…… 7.1 Waste Disposal ………………………………………………………………………….. 7.2 Soil Erosion ……………………………………………………………………………... 7.3 Drainage and Hydrology ………………………………………………………………… 7.4 Noise and Vibrations ……………………………………………………………………. 7.5 Emissions and Air Quality ………………………………………………………………. 7.6 Health and Safety ……………………………………………………………………….. 7.7 Water Quality …………………………………………………………………………… 7.8 Social Issues …………………………………………………………………………….. 7.9 Economic Issues ………………………………………………………………………… 7.10 Water Kiosks Operations ………………………………………………………………. 7.11 Ablution Blocks Operations ……………………………………………………………. 7.12 Sewer Lines ……………………………………………………………………………. 7.13 Water pipelines ………………………………………………………………………….

159 159 159 159 159 159 159 159 160 160 160 160 161 161

CHAPTER 8: ANALYSIS OF PROJECT ALTERNATIVES ………………………………

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CHAPTER 9: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) .... 9.1 Management Plan Principles ........................................................................................... 9.2 Specific Management Issues ........................................................................................... 92.1 Management Responsibilities ......................................................................... 9.2.2 Environmental Management Guidelines ........................................................ 9.2.3 Environmental Education and Awareness Raising Process ............................ 9.2.4 Decommissioning Process ..............................................................................

163 163 163 163 164 164 164

CHAPTER 10 CONCLUSIONS AND RECOMMENDATIONS ....................................... 10.1 Conclusions ................................................................................................................... 10.2 Recommendations .........................................................................................................

168 168 168

REFERENCES .................................................................................................................

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ANNEXES ......................................................................................................................

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EXECUTIVE SUMMARY Most urban areas in Kenya are characterized by informal settlement arising from high population and poverty in addition to various other factors that vary from one town to another. It is estimated that about 90% of informal settlements residents pay rent for their houses that are of poor quality and owned by very few landlords. It has not been possible to provide appropriate sanitation, water supply, drainage and solid waste disposal further worsening the environmental conditions. These conditions, coupled with the level of housing are considered poor and are part of the intervention targets under Nairobi Informal Settlements Water and Sanitation Improvement Programme (NISWASIP). Characteristics of Informal Settlement The following are the characteristics of an informal settlement (slum) are: lack of basic services, unplanned and underserved neighbourhood typically settled by squatters without legal recognition or rights, overcrowding and high density, poor and impermanent housing conditions structure and insufficient living area (three or more people per room), inadequate access to: improved water at affordable prices and without extreme effort; improved sanitation to a private or public toilet shared with a reasonable number of people; and other infrastructure services. Project Area The informal settlements of Nairobi cover about 5% of the total residential land area but they are inhabited by over 50% of the city’s total population. The project is located in informal settlements within the Nairobi County. It covers some of the many informal settlements situated in Starehe, Mathare and Embakasi constituencies. These informal settlements are: a) Greater Mathare (4B, Gitathuru, Kiamutisya, Mabatini, Mashimoni, Bondeni, 3C, and Kosovo), b) Mailisaba, Matopeni and Spring Valley in Njiru, c) Huruma (Mahiira, Kambi Moto, Ghetto, Gitathuru, Redeemed and Grogon), and d) Kahawa Soweto in Kahawa West Methodology The ESIA applied both qualitative and qualitative research methods to collect relevant data and information. A participatory approach that recognizes the importance of all stakeholders, and seeks to incorporate opinions and suggestions of all, especially the intended beneficiaries was adopted. The methodology comprised field visits and data collection from the project area, data analysis and report writing. ESIA Justification In accordance with the EMCA, 1999, all new projects must undergo environmental impact assessment such as to comply with the EIA Regulation, 2003. In addition the National Policy on Water Resources as well as the Water Rules established under the Water Act, 2002 calls for environmental impact assessment on water related projects for long term sustainability and acceptability by the beneficiaries. Water related project including sewage disposal are listed in the 2nd schedule of EMCA, 1999 as among project that should undergo EIA. Terms of Reference for the ESIA The main objective of the project will be to improve the quality of life in Nairobi informal settlement and redress the existing inequalities through provision of reliable, affordable and sustainable clean water and basic sanitation services to the poor. This ESIA process was commissioned to review and subsequently implement environmental impact assessment report for the proposed project. Scope of Works Facilities planned for construction include the following: ablution blocks and water kiosks, sewer lines, and water lines. Potential Environmental and Social Impacts from the Proposed Project These impacts include the following and will need mitigation: Waste Disposal, Drainage and Hydrology, Noise and Vibrations, Emissions and Air Quality Health and Safety, Water Quality, Water & Sanitation Service Improvement Project (WaSSIP)

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Economic Issues, Water Kiosks Operations, Ablution Blocks Operations, Sewer Lines, and Water Pipelines. Positive Impacts: Positive impacts will include the following: improved and reliable access to potable water will directly improve the living standards of communities in the target informal settlements; cases of water borne diseases in the informal settlement areas are likely to reduce with improved accessibility of potable water; improved state of sanitation and hygiene in the target informal settlement with the overall effects of acceptable habitation; reduction in pollution to surface water sources running within the project areas; noting that the proposed water kiosks and ablution blocks will be public facilities, idle public land usually set aside for sanitation and other uses of social common interest will now be available for productive utilization; provision of any infrastructure is an additional value for properties and property including land values will appreciate because of improved access to potable water and sanitation facilities; improved sanitation will lessen burdens on women and children and also ensure enhanced family health and construction labour will be provided by the local communities (mainly the youth and women) contributing a direct economic benefit to the residents. Negative Impacts 1. Waste Disposal: Excavations and site clearing in most locations of the informal settlement areas will remove solid waste materials accumulated over many years, comprising of contaminated earth, decaying organic matter (garbage), non-biodegradable materials (plastics, polythenes and scrap metals), papers and cartons, wood as well as associated leachate wastewater. Disposal of these materials poses a serious health challenge to the handlers and an environmental pollution risks and health of residents at the destinations. Mitigation Measures: All materials excavated or removed from the areas shall be disposed off as soon as possible to approve dumping sites and in accordance with the waste management regulations, and the Contractor shall undertake to comply with waste management regulations and the environmental management plan developed under this report. 2. Drainage and Hydrology: There may be potential but temporary disruptions of surface runoff and micro-hydrology around the construction sites due to possible blockage of existing local drains around the sites. This could directly affect the immediate residential houses, access roads schools and commercial spots that might get flooded during rains. Mitigation Measures: Encourage the construction to take place during the dry conditions to lessen the risks of flooding during the rainy seasons, provide alternative surface drainage at any location with associated disruptions for temporally evacuation of surface runoff from sources and storm water in case of rains, and attempt to control sources of discharge around the site of construction (leaking water pipes, discharging toilets, domestic points, etc.) during the works. 3. Noise and Vibrations The construction machines are potentially noise emitters, though the ambient noise levels are expected to be generally higher than the anticipated levels from construction activities during the day. The situation, however, could be different during the night. Noise and vibrations effects expected to be low as hand labour is desired (with low noise generation) and all works will be undertaken during the day. Mitigation Measures: All construction machinery (whenever necessary such as earth moving and excavations) shall comply with the established noise and vibrations regulations, construction shall only be undertaken during the daytime and the extent possible be hand done, where necessary, the construction workers shall be provided with personal protective equipment for occupational safety and application ensured at all times,.

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4. Emissions and Air Quality Aerial emissions from the construction (that is likely to be much lower than the ambient levels) will include: disruption of the decaying organic matter accumulated over many years emitting foul smell to the surrounding areas (methane, sulphides and ammonia associated with decaying organic matter), dust arising from excavations in dry sites and movement of associated spoil materials could be significant at the local areas, dust could also arise from dry material mixing (sand and cement) used for construction. This, however, might be insignificant, and in the event of limited application of machinery, limited smoke could get emitted. Mitigation Measures: All point sources of aerial emissions shall comply with the air quality guidelines. The contractor shall maintain dry material and excavated spoil dump to the extent possible. 5. Health and Safety Due to the high population and inadequate sanitation infrastructure in the informal settlement areas, the construction activities will have potential temporary negative impacts to health and safety of the residents including: disruption of accumulated waste materials could expose the residents to risks of environmental health problems during the period of construction, handling of the waste materials and contaminated surface runoff has direct health implications to the workers and the residents who gets into contacts, especially children, and any trenches and open excavated areas are potentially risky. Mitigation Measures: Waste materials shall be removed immediately for disposal to reduce chances of local environmental contamination and risks of environmental health problems, provide construction workers with appropriate personal protection equipment and ensure application to minimize contact opportunities. Isolate the materials from children to the extent possible, and provide barriers and reflective signage along excavated areas and trenches to keep off residents from potential dangers of falling. 6. Water Quality Construction activities will mobilize pollutants at site with possible contamination of water sources enroute to disposal areas through transit spillages. This will be in addition to surface transport to the nearest water bodies. During construction, there is a possibility of contamination of water in the existing water pipes near excavated areas, especially during low pressure. This situation, however, will have minimal effects, Mitigation Measures: Control spillage of wastes on transit, especially near water bodies, avoid damage to water pipes at construction sites or corridors, and damaged water reticulations at construction areas should be repaired immediately. Impacts from Construction Activities on Social and Economic Environment 1. Social Issues: Temporal population increase from the project construction staff, improvement of skills among those involved as casual workers, the project could, therefore, act as training and capacity building and therefore a transitional stage from unskilled to semi-skilled labour force, and interaction with the construction workers may increase the chances for contraction of diseases notably HIV/AIDS among others. Mitigation Measures: Engage local residents for manual labour where necessary. This would reduce the need for migration into the area, integrate HIV/AIDS initiatives into the project implementation targeting the workers and the local communities, and institute social engineering, i.e. awareness raising and sensitization on the intervention facilities to enhance ownership and wise utilization at all times. 2. Economic Issues: Employment opportunities will be created where casual labourers will be absorbed. In addition, there will be indirect employment in terms of opportunities arising from catering, transport among others and Provision of these infrastructures will have an overall impact of Water & Sanitation Service Improvement Project (WaSSIP)

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improved water and sanitation services which will in effect have spiral impacts of increasing the land values as well as rent. Mitigation Measures: The Contractor shall provide employment opportunities to the local residents, especially youth for some direct economic gain to the area that will also enhance ownership, initiate a process of sensitization on benefits and values of improved water kiosks in a process to stop the illegal water connections and vending and the communities should appreciate the values for internal support in eradicating illegal connections. Impacts from Operations to the Receiving Environment 1. Water Kiosks Operations: Operations of water kiosks will portray similar features in all the project areas that will include high demand for water, water quality handling and drainage aspects. The following impacts are anticipated from the operations of the water kiosks; surface runoff from water kiosks could be a local aesthetic nuisance and pollution transfer to surface water sources (rivers traversing the project areas), dumping of solid wastes at the water kiosk locations could be a risk to the local sanitation and hygiene, accessibility and order to the water kiosk locations, and Potential compromise of hygiene conditions by the water users. Mitigation Measures: All water kiosks must be provided will clear drainage systems discharging into the nearest main drains, provide a solid waste holding bin at each water kiosk and the same emptied on regular basis for disposal, and integrate hygiene management in the operations of each water kiosk and engage the users on the same. 2. Ablution Blocks Operations: Operations of ablution blocks calls for efforts on maintaining cleanliness at all times. Among the anticipated impacts from the operations include the following: potential overflow of sewage from the immediate manholes into open drains risks contamination of surface runoff and hence peoples’ health, surface runoff arising from wash water at the ablution blocks could have a direct environmental and health pollution, solid waste generated from operations (plastic and polythene materials, wood, fabrics, etc.) are environmental hazards, communal ablution blocks normally become a nuisance to the immediate neighbourhoods from undesirable odours and influx of people, potential for blockage of flushing systems and sinks leading to unhealthy conditions. Mitigation Measures: Maintain all sewers and manholes serving the ablution blocks clear and covered at all times, isolate floor washings at the ablution blocks from surface runoff in the immediate neighbourhoods, provide a solid waste holding bin at all ablution blocks and ensure regular removal for safe disposal, maintain high levels of cleanliness, sanitisation and disinfection at all ablution blocks, all ablution blocks should be provided with running water (they should perhaps be closed when there is no water) for flushing the toilets and urinals as well as hand washing bay by the users, and create appropriate sense of responsibility to all the users on keeping the facilities clean and functional at times. 3. Sewer Lines: The sewer lines are not expected to have significant impacts to the environment once commissioned, a part of when blocked or damaged by the development activities along the corridor. Mitigation Measures: Mark clearly the sewer line corridors and delineate the same to prevent developments from interfering with them, ensure all manholes are covered (apply heavy concrete covers to reduce vandalism) to prevent dumping of solids wastes that may lead to blockage, and create appropriate sense of responsibility to all the users on keeping the facilities clean and functional at times. 4. Water Pipelines: Once commissioned, water pipelines are not expected to create any negative impacts apart from there is burst section that may cause damage to road and structures around the locations (they are easily mitigated. Water & Sanitation Service Improvement Project (WaSSIP)

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Mitigation Measures: Mark clearly the water pipeline corridors and delineate the same to prevent developments from interfering with them, damaged pipe sections should be attended without unnecessary delay, and Intensify monitoring to ensure no illegal connections take place on the new pipelines as well as eliminating the existing ones. Impacts from Operations on Social and Economic Environment 1. Social Issues: The overall social impact of the project is anticipated to be positive. Among the key benefits would be improved health status of the general population with resultant significant savings from medical bills and improved social relations among neighbours who would now be sharing the same facilities. These benefits will, therefore, need to be enhanced and sustained. However, there could be social conflicts on the management of water kiosks and the ablution blocks with respect to employment, financial management, water pricing and accessibility. These conflicts are manageable. There is a potential conflict in use of the ablution blocks with possible losses and breakages of fixtures such as taps, flushing handles, toilet seats, door handles and lighting bulbs. This would result from both negative attitude of the users, criminal acts and inappropriate use of the facilities. Sharing the ablution blocks units with children could bring a social withdrawal linked to cultural values, especially considering the influx of children in high numbers particularly on the gents sides. Mitigation Measure: The project sites should be placed under the ownership or trusteeship of the AWSB alongside the community groups for a long term public good, streamline the water pricing at the water kiosks in line with the NWSC tariffs such as to provide adequate financial reserves to run the facilities and a profit for the community groups sustainability and satisfaction, review the tariff schedule intended for the ablution blocks for affordability by the majority of the residents, the management structures and skills of the community groups may require to be reviewed for harmony and social harmony, there is need for enhanced sense of ownership and collective responsibility of all the users and members of the community towards the intervention facilities. The communities should, therefore, instil a “self-policing attitude”, and it would be necessary to have a dedicated unit for children in each ablution block that would then get constant attention for cleaning, 2. Economic Issues: The overall economic impacts from the project will be positive. Employment opportunities will be created inform of water kiosk and ablution blocks operations. There will also be opportunities for raising incomes from repairs of the infrastructures. In addition, provision of these infrastructures will have an overall impact of improved water and sanitation services which will in effect have spiral impacts of increasing the land values as well as rent. On the other hand, the existing water vending points and pay toilets in the areas will lose their business and the informal employment opportunities or even attract higher numbers on costs basis. Utilisation of ablution blocks may have serious economic implications to families who need to pay for all children (with some children using the facilities more than thrice a day). There is a potential socio-economic conflict on the collections from the ablution blocks and water kiosks, especially if services do not match the anticipated resources. Mitigation Measures: Undertake a social awareness and sensitization to encourage users to obtain clean water from the water kiosks. This could gradually reduce attraction to the illegal vendors, moderate the price of water and access to the ablution blocks to attract a larger catchment and discourage use of the illegal installations, the communities may apply mechanisms of cushioning the families from excessive costs of accessing the facilities. Consider either exempting children of certain ages or provide fixed access fees for whole families with appropriate modes of identification, the community management structures responsible of the facilities will need to be reviewed to facilitate enhanced transparency and trust from the beneficiaries, it will be necessary to initiate appropriate awareness and training programme for the communities and the managers early as an integral component of the intervention programmes.

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CHAPTER 1: PROJECT BACKGROUND 1.1 Introduction The current access to clean water in Kenya is estimated at about 90% in urban areas and approximately 44% in the rural areas while the national average stands at about 57%. At the same time, provision for safe sanitation stands at a national average of 80% (95% urban and 77% rural). To achieve the millennium development goals (MDGs), that is to halve the population without access to water and sanitation by the year 2015, water supply (through increased household connections and developing other sources) and sanitation requires to be improved in addition to interventions in capacity building and institutional reforms. Most urban areas in Kenya are characterized by informal settlement arising from high population and poverty in addition to various other factors that vary from one town to another. Coupled with high levels of unemployment and low income per household, there is little saving to invest in suitable housing. It is estimated that about 90% of informal settlements residents pay rent for their houses that are of poor quality and owned by very few landlords (only 10% of the residents owns the houses. There is low incentive for the landowners in the informal settlements to invest in good houses. Likewise, it has not been possible to provide appropriate sanitation, water supply, drainage and solid waste disposal further worsening the environmental conditions. These conditions, coupled with the level of housing are considered poor and are part of the intervention targets by the European Union under Nairobi Informal Settlements Water and Sanitation Improvement Programme (NISWASIP). The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of 1999) was established with an objective to preserve, conserve and protect available water resources and allocate it in a sustainable rational and economic way. It also aims at supplying water of good quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of wastewater and environmental protection. The policy focuses on streamlining provision of water for domestic use, agriculture, livestock development and industrial utilization with a view to realizing the following goals (that are also in line with the United Nations Millennium Development Goals (MDGs) as well as Kenya’s Vision 2030 (improved social wellbeing of the populace, enhanced performance of the economy and promotion of national economic development and a properly conserved ecosystem). Based on the policy, the Water Act 2002 was formulated and in effect implemented recommendations of the policy. Among the notable aspect was to delegate water resources management to Water Resources Regulatory Authority and the Water Services Boards (WSB) with support of other statutory outfits among them being the Water Services Providers (WSPs). 1.1.1 Characteristics of Informal Settlement The socio-economic survey is coherent with the National Water Strategy and the Water Act 2002. The Act provides for formulation of a national water services strategy to design a programme to ensure the progressive extension of water and sanitation services to everyone in Kenya and ensure that all areas in the country are adequately serviced. The survey is further embedded in the Pro-Poor Implementation Plan (PPIP) for Water Supply and Sanitation published by the Kenya Government in 2007. Under the pro poor approach, the focus with respect to water and sanitation means that the poor, for example, those living in informal settlements are given priority in extending water and sanitation services. According to UN-Habitat (2003)1, the following are the characteristics of an informal settlement (slum):  Lack of basic services

1

The challenges of Slums, Global Report on Human Settlements. 2003, United Nations Human Settlements Programme

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 Unplanned and underserved neighbourhood typically settled by squatters without legal recognition or rights  Overcrowding and high density  Poor housing conditions as reflected in hazardous location, impermanent structure and insufficient living area (three or more people per room);  Inadequate access to: improved water at affordable prices and without extreme effort; improved sanitation to a private or public toilet shared with a reasonable number of people; and other infrastructure services.  The inhabitants organize themselves into vigilante groups to ward off would be criminals 1.2

Overview of Social Economic Dimensions of Informal Settlements

The current population of Nairobi stands at 2,143,254 and is estimated to reach (2727584/2680759 persons) 5 million by 2015 as per the Population and Housing Census Report (2009). This estimation is based on the current growth of Nairobi is currently at 4.1%/3.8% per year, (Kenya Central Bureau of Statistics 2009).The report estimates that 60% of the population live in the informal settlements with the number of people expected to rise even more with the creation of new counties by the new constitution. It is estimated that there are over 100 informal settlements in Nairobi alone. These can be categorized into two; squatter settlements and those that arise out of illegal sub-divisions of either government or private land. In the country, most of these settlements are characterized by lack of access to water and sanitation, insecure tenure, lack of adequate housing, poor environmental conditions, and high crime rates (UN Habitat, 2008).

Rapid growth of informal slum settlements in the city of Nairobi can be attributed to a number of factors among them increasing income inequalities and urban poverty, increasing rates of rural urban migration, inefficient land delivery systems, high costs of urban living and poor investment in low income housing, among other factors. Like in many other parts of the world, slum settlements in Nairobi are situated in areas that are unsuitable for construction, such as riparian reserves, steep hill sides, abandoned quarry sites and marshy areas. Others are located next to areas that can offer employment opportunities to the residents. Several studies indicate that 56 to 80 per cent of the slum households rent from private-sector landlords (who, in the past, often had the political connections that helped them to protect their investments). This notwithstanding, most of the inhabitants earn low incomes and have limited assets. Employment is largely low skill (domestic help, waiter, bar maid, guard), often on a casual basis (construction labour), small business owners (kiosk owner, newspaper seller) and other income-generating activities. In recent times, discrimination especially along ethnic line has been highly experienced in some areas, with most ethnic groups living in (sub) communities of their own ethnic background. Even though clashes between ethnic groups have in the past been experienced it can be stated that slums themselves are not a major source of urban unrest, although they constitute areas with a higher concentration of crime, violence and victimization. Whereas residents can organize to tackle some of the challenges currently experienced in the informal settlements, the ESIA noted weak social cohesion as a factor making organizing for community action challenging.

For effective implementation of intervention in the settlements, the need to explore opportunities for bridging cultural and ethnic difference, especially where the latter in the wake of the 2007 postelection violence in Kenya, continues to threaten development is vital. In the past, residents identified needs and solutions together regardless of their ethnic origin; this does not apply to date as tribes continue to be suspicious of each other. To diffuse these, agencies working in the settlements need to identify and work through the formal and informal power structures or other established community groups in order to overcome cultural and social differences within the settlement. 1.3 Project Area The Athi River Services Board area of jurisdiction covers the City of Nairobi, and the surrounding Sub Couties of Kiambu East, Kiambu West, Gatundu, and Thika (see Figs. 1 and 2). Nairobi has a population of over 3.1 million people with 880,000 of them living below the poverty line. Divisional poverty levels range from 32 per cent in Westlands to 59 per cent in Makadara. Nairobi’s poorest 20 per cent in 110 sub-Locations account for one-half of its poor population. Detailed review of the settlements has revealed that coverage of water supply and latrines is below 20% overall and below Water & Sanitation Service Improvement Project (WaSSIP)

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5% in some areas. The informal settlements of Nairobi cover about 5% of the total residential land area but they are inhabited by over 50% of the city’s total population. Nairobi has over 110 slums and informal settlements spread on various directions since there is no strict enforcement on control of informal development. Nairobi’s informal settlements are characterized by inadequate social services, poor housing conditions and overcrowding characterize environment in the informal settlements. These poor environmental conditions pose a lot of hazardous conditions to human health. Hence there is continued recurrence of diseases the common ones being diarrhoea, cholera, malaria, boils, scabies and tuberculosis. Drainage is very poor leading to stagnant waters. In places where drainage is present, it is largely inform of open earth drains that are frequently chocked with refuse and garbage piles.

Fig. 1: Area of jurisdiction of the Athi River Services Board

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Fig. 2: Location within Nairobi of the informal settlements project areas (in yellow) Following the signing of the Contract between Runji & Partners Consulting Engineers & Planners Ltd and the Athi Water Services Board on 12th October 2010 the Contract became effective 2 weeks later on 27th October, 2010 and the Consultant started the collection and review of data and information and mobilised his experts for the Inception works on 27th October 2010. After an initial meeting with AWSB, the officials of Nairobi Water and Sanitation Company and those of the World Bank the field reconnaissance commenced with visits to local stakeholders in the project areas of Mathare, Huruma, Njiru and Kahawa West Locations.

1.4 Project Objectives The Athi Water Services Board (AWSB) which under Water Act 2002 is responsible for the provision of Water services in Nairobi County under which the project falls. The IDA financed Water and Sanitation Improvement Project (WaSSIP) is being undertaken to make intervention in the level of service of the water and sanitation in specific informal settlements in the City of Nairobi. A portion of the WaSSIP budget has been earmarked for the Informal Settlements. In addition to the cost of the works, this budget also includes provision for consultancy services for undertaking detailed design, bid documentation and supervision of the construction works, for the intended interventions. The consultant is expected to advice on the appropriate levels of services for both water and sanitation in each target area. AWSB has already selected the specific settlements to be covered in both Phase 1 and Phase 2. According to the terms of reference (TOR) settlements to be covered in Phase 1 are those with processes underway that will facilitate infrastructure improvements and the likelihood that investments will be sustainable. These processes include: (i) mobilization and organization of communities (with the support of local NGOs and CBOs); (ii) physical planning processes which are complete or underway; and/or (iii) land tenure issues have been resolved (in coordination with the Nairobi City Council).

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In conceptualizing the appropriate levels of intervention, the consultant is to take note of the method to be adopted for the construction. Local NGOs will be contracted separately and competitively to (i) involve and train the target communities; and (ii) mobilize local labour for construction of kiosks, ablution blocks and water lines (a conventional contractor will be responsible for all sewer lines).

1.5 General Introduction on the Informal Settlements The consultancy services for this assignment cover a detailed socioeconomic survey for selected informal settlements five settlements among them Embakasi, Kahawa West, Njiru, Mathare and Huruma as shown below: Table 1-1: Socioeconomic Survey Coverage Settlement Village No. HHs Population Mailisaba 1,966 7,862 Njiru Matopeni & Spring Valley 3,805 15,219 River Bank 750 3000 Embakasi Kayole Soweto 22,400 89,600 Kahawa West Kahawa Soweto 1,199 4,797 4B 1,236 4,942 Gitathuru 1,206 4,823 Mashimoni 1,000 4,000 Mabatini 2,263 9,054 Mathare Kosovo 2,021 8,084 Kitathuru 2,218 8,872 Ghetto* 591 2,365 Kambi Moto* 310 1,241 Redeemed* 199 798 Huruma Grogon* 227 906 Total 41,491 165,563 The assignment involved carrying a social economic survey to provide Athi Water Services Board (AWSB) and other stakeholders with a good understanding of the socioeconomic conditions of the selected informal settlements in Nairobi. Information gathered will assist the Athi Water Services Board (AWSB) and Nairobi City Water and Sewerage Company (NCWSC) with valuable insights on how to plan and implement the construction of water and sanitation infrastructure within the selected informal settlements. The report was informed by emerging issues from various consultation meetings held with key stakeholders within the five settlements as well as information gathered from household questionnaires and literature on previous work done in some of the settlement by other development partners. 1.6 Water Sector Reforms It is estimated that approximately 80% of the hospital attendance in Kenya is due to preventable diseases; 50% of these diseases being water, sanitation and hygiene related2. Access to safe water and adequate sanitation is therefore the foundation of health and a key step out of poverty. In recognition of the vital role of safe water provision and adequate sanitation for development, the United Nations Millennium Development Goal 7 include target 10: to halve, by 2015, the proportion of people without access to sustainable safe drinking water and basic sanitation. Several constraints in realization of this goal in Kenya include inadequate financial resources to develop water supply and sanitation services especially in the informal settlements. As a result, water supply and sanitation has been characterized by low levels of access by many as well as poor service quality in the form of intermittent water supply. The Nairobi Water and Sewerage Company are 2

Abstract from Ministry of Public Health and Sanitation, Division of Sanitation and Hygiene

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unable to provide a continuous supply of water with the residents of the informal settlement receiving the supply through rationing. The Kenyan water sector underwent important reforms through the Water Act 2002. Previously service provision used to be under the responsibility of the Ministry of Water and Irrigation, its parastatal the National Water Conservation and Pipeline Corporation, Urban Councils under the Ministry of Local Government as well as local utilities established since 1996. The passage of the Act culminated into decentralization of service provision to Water Services Boards through various Water Service Providers (WSPs). The WSPs are contracted by the 8 regional Water Services Boards (WSBs) in charge of asset management through Service Provision Agreements (SPAs). The Act also created a national regulatory board Water Services Regulatory Board (WASREB) that carries out performance benchmarking and is in charge of approving SPAs and tariff adjustments. The Ministry of Water and Irrigation is in charge of policies for water supply and the Ministry of Public Health and Sanitation in charge of policies for sanitation. Within Nairobi and its environs, Athi Water Services Board (AWSB) has delegated the mandate of service provision to Nairobi City Water and Sewerage Company (NCWSC). Currently, Kenya does not have a clear policy on service provision in the informal settlements. However, Nairobi City Water and Sewerage Company are guided by the Athi Water Services Board (AWSB) Pro-Poor Policy of 2007 and the Strategic Guidelines for Improving Water and Sanitation Services in Nairobi’s Informal Settlements of 2009. In regard to sanitation, the National Environmental Sanitation of July 2007 by the Ministry of Health puts much emphasis on investing resources towards sanitation and hygiene to break the cycle of poverty and disease in both rural and urban areas 1.7 Objectives of the ESIA The socioeconomic survey was guided by the following objectives:  To understand key social economic conditions/dynamics in the project target areas  Provide data to inform the design of the proposed interventions  To understand the expectations and concerns of the various stakeholders within the target areas  To document the current situation in regard to water and sanitation service levels  To benchmark social economic indicators to assist the AWSB in the future to access the effectiveness and impact of the interventions 1.8 Methodology The ESIA applied both qualitative and qualitative research methods to collect relevant data and information. A participatory approach that recognizes the importance of all stakeholders, and seeks to incorporate opinions and suggestions of all, especially the intended beneficiaries was adopted. The methodology comprised field visits and data collection from the project area, data analysis and report writing. The main tools applied included:  Household questionnaire for collecting information from heads of households on the situation of water supply and sanitation services and hygiene practices.  Focused group discussions with communities groups and area leaders  Key informants interviews  Field observations Data collected were then entered in into SPSS 17.0 for analysis and interpretation. The combination of these approaches ensured triangulation and crosschecking accuracy of data/information collected from different sources. Some of the key stakeholders consulted during the ESIA included women groups, youth groups, community leaders, pit latrine emptiers, water vendors as well as landlords and tenants. Existing literature further enriched the ESIA findings. In total, 1064 households participated in the household Water & Sanitation Service Improvement Project (WaSSIP)

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survey while a total of 7 focus group discussions comprised of 20 community representatives were conducted in the settlements targeted by the survey. 1.8.1 Sampling Given the total combined population of the target villages to be 94,263 distributed in 23,490 households, as per 2009 population census and the terms of reference ,a total of 1064 households is considered a representative sample and has been calculated using the following formula: n = K2 NS2 / K2 S2 + E2 N Within the villages a systematic sampling procedure was applied where every 5th household was selected for interview. An attempt was made to achieve 50% representation of both male and female respondents. 1.9 Relevance of the policy interventions to the target groups If the project is implemented, the people living in these informal settlements will have access to clean and safe water for their domestic use. They will also have access to basic sanitation and sewerage services. This is a basic human right and the provision of these services will reduce incidence of diseases save time, improve security, and contribute in poverty reduction. The informal settlements assessments indicate that the average cost of water is estimated to be 260 KES per cubic meter (about 3.7 USD per m3). Household surveys in Kenya reveal that poor households spend 45 minutes on average collecting water every day while non-poor spend only 18 minutes. The average number of users per latrine in informal settlements is estimated at 150 persons per latrine. This leads to lack of privacy, security, hygiene, poor structural condition and filled pits. The practical solution is the dumping of human waste in alleys and ditches using plastic bags (referred figuratively as “flying toilets”). The project is located in informal settlements within the Nairobi County. It covers some of the many informal settlements situated in Starehe, Mathare and Embakasi constituencies. These informal settlements are: a) Greater Mathare (4B, Gitathuru, Kiamutisya, Mabatini, Mashimoni, Bondeni, 3C, and Kosovo) b) Mailisaba, Matopeni and Spring Valley in Njiru c) Huruma (Mahiira, Kambi Moto, Ghetto, Gitathuru, Redeemed and Grogon) d) Kahawa Soweto in Kahawa West In the above areas of intervention the water supply and sanitation profiles for each of the areas can be summarized as follows: 1.9.1 Mailisaba

The village of Mailisaba is planned but water and basic sewerage infrastructure is lacking. The residents have been issued with plot cards as survey on plot sub-division has been carried out pending issuance of title deeds. 1.9.2 Matopeni and Spring Valley Matopeni and Spring Valley Settlement are both planned. Nairobi City Council has provided titles to individual plot owners and there are no obstacles posed by the NCC in upgrading and infrastructure improvements. The area too does not have water and sewerage facilities. 1.9.3 Kahawa Soweto Kahawa Soweto is located off Thika Road near Kahawa West estate and Farmers Choice Factory, and is a planned settlement with individual allotments. Nairobi City Council has provided titles to individual plot owners and there are no obstacles posed by the NCC to upgrading and infrastructure improvements as water and sewerage infrastructure is lacking 1.9.4 Greater Mathare

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Mathare is the second largest or perhaps the largest informal settlement in Nairobi. There is no risk of eviction in any of the Mathare villages, with the exception of those living in riparian zones. The villages to be considered are 4B, Gitathuru, Kiamutisya, Mabatini, Mashimoni, Bondeni, 3C and Kosovo. The water mains feeding Mathare is located along Thika Road. There are also two sewer trunks serving Mathare namely the new sewer along the Mathare River and coming from Parklands and the older sewer from the Mlango Kubwa area. The old Mathare sewer is in disrepair but currently being rehabilitated by AWSB with assistance of French Development Agency while new Mathare sewer is operational. The Nairobi Water Company disconnected all spaghetti water lines in Sept 2007 and provided free water standpipes at the periphery of the settlement, but illegal connections are still common. There is need to provide proper water and sanitary facilities in the villages.

1.9.5 Huruma Huruma consists of six villages: Mahiira, Kambi Moto, Ghetto, Gitathuru, Redeemed and Madoya. The Huruma informal settlements are on public land under the trusteeship of Nairobi City Council. The five villages that have been surveyed are Mahiira, Kambi Moto, Ghetto, Gitathuru and Redeemed settlements. The structures in Huruma are mainly semi-permanent; only 15% of the buildings can be accessed by loose surface roads, while the rest are accessed by footpaths. Nairobi Water Company disconnected all “spaghetti” lines in 2007 and provided free standpipes at the periphery of the settlement, but illegal connections are still common. Toilet facilities in the settlements are inadequate. 1.10 Consultancy Services The objective and the extent of the needed consultancy services are well defined in Sections 3 of the TOR and while it is not necessary to repeat the whole section, it can be summarized as below: 1.10.1 Stage A: Design and Bid Documents

a) The Consultant will review the available literature on the project and in general on slum upgrading. The TOR has given some titles that the consultant is expected to study in the effort to the collection of relevant data. Review of data will be done in parallel with Site visits to the settlement themselves. Data collection and review is necessary in order to form the basis of writing a Feasibility Study Report. b) Carry out a Feasibility Study for different water and sanitation options in each site, including kiosks, house connections, bio-latrines, eco-sanitation, septic tanks, sewerage, blend (on-site and off-site) and make recommendations for optimal facility in each site based on social, economic, environmental and technical considerations as well as AWSB leadership and community consultations. The recommendations should also include the financial analysis of the recommended services. Financial Impact Analysis of the recommended option shall be undertaken, indicating revenues over a 5 year period, expected break-even point, the Internal Rate of Return (IRR) for each of the Villages and for the sub-project. Out of the Feasibility Study, the optimum interventions shall have been identified and once reviewed by the Employer and accepted, detailed design in the following section will be based on the recommended option. c) Undertake detailed design for Water supply and Sanitation Infrastructure in targeted Informal Settlements, based on the recommended Scenario, and prepare Bid Documents for procumbent of contractors. In compiling the documents, the consultant is expected to bear in mind the creation of work for the youth in the catchment areas - Kazi kwa Vijana and therefore split the documents in such a way as to create opportunities for the target community. The consultant will liaise with AWSB while carrying out his duties. After the detailed design is completed, consultant will ensure that the proposals of the detailed design are approved by the Local Authority. d) Although the Detailed Design normally has a chapter dealing with financial analysis, TOR seems to prefer a standalone financial report and therefore this will be extracted and submitted on that basis. e) Undertake an ESIA of the recommended option for each settlement and issue an ESIA Report in accordance with the Environmental Management and Coordination Act (EMCA) 1999 and World Bank environmental safeguards requirements. The consultant shall assist AWSB in submission of the ESIA report to NEMA and subsequent discussions with NEMA and other agencies as required during the assessment procedure to ensure a permit/license is granted. The Water & Sanitation Service Improvement Project (WaSSIP)

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environmental and social impacts will be addressed in line with World Bank and NEMA environmental and safeguard requirements. Specifically the WaSSIP Environmental and Social Management Frameworks (ESMF) and the Resettlement Policy Framework (RPF). The RPF will guide the preparation of a Resettlement Action Plan acceptable to the World Bank. f) Prepare Contract Packages for the construction works with aim to benefit those working and living in the target informal settlements by creating jobs and only minimally disrupting their lives during the construction phase. The Consultant shall also prepare corresponding bidding documents including specifications, bills of quantities, conditions of contract and the construction drawings based on the World Bank guidelines for procurement of works. g) Assistance to the Employer on Tender Formalities, including tendering procedures, evaluation of the Tenders and recommendation of award. 1.10.2 Stage B: Construction Supervision (Covered by a Separate Contract)

a) Support AWSB in co-ordinating and supervision of the construction works in all aspects as outlined in the TOR during the construction period. b) Performance control during the Defects Liability Period. This is to be executed on a quarterly basis. At the end of this prepare the Final Account for the employer and discharge the contractors. 1.11 Governance Structure in the Informal Settlements Visited

All the informal settlements are within different Sub Counties which are governed by the now governed by Deputy County Commissioners . The Assisstant Deputy County Commissioners (DO) who are principal assistants of the DCs on the ground govern a cluster of Locations. The Locations which are a cluster of many villages are under the leadership of the Area Chiefs who have the Assistant Chiefs as their deputies. The Area Chiefs, assisted by community elders, are the local provincial administration officers at the grassroots’ level who are charged with the enormous task to of overseeing security issues and harmonious co-existence of the citizens. The informal settlements by virtue of their fluid nature are not easy units to govern owing to the myriad problems they face. For ease of management and service delivery in these set ups, the residents have elected their grassroots leaders, who provide the linkage between them and the provincial administration i.e. the Chiefs. The village elders as they are popularly known are persons of influence within the informal settlements and responsible for the local issues in their particular village of jurisdiction. The village leaders have a committee which assists in the running of the village. They are also tasked with the responsibility of mobilizing the villagers for any meetings and wield immense power when it comes to determining the rejection or acceptance of a project in their areas. The village elders with support of the area chiefs have formed community policing units which are assisting with security and maintenance of law and order in the villages. When the reconnaissance visits were made to the proposed informal settlements areas, consultative forums were held with the leaders of each of the areas. The local administration officers and the NCWSC staff facilitated the mobilization of the leaders and the transect walks through the villages. The administrative boundaries of the areas are as outlined below: Greater Mathare Villages Mabatini Mashimoni Bondeni 3C Kosovo 4B Gitathuru Kiamutisya

Sub Location Mabatini Mabatini Mabatini Mabatini Mathare Mathare Mathare Mlango Kubwa

Location Mathare Mathare Mathare Mathare Mathare Mathare Mathare Mathare

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Huruma Villages Grogon Ghetto Mahiira Kambi Moto Gitathuru Redeemed

Sub Location Kia Maiko Kia Maiko Kia Maiko Kia Maiko Kia Maiko Kia Maiko

Location Huruma Huruma Huruma Huruma Huruma Huruma

Division Starehe Starehe Starehe Starehe Starehe Starehe

Dandora Mailisaba Village Dandora Mailisaba

Sub Location Njiru

Location Njiru Central

Sub Counties Njiru

Spring Valley/Matopeni Villages Sub Location Spring Valley Njiru Matopeni Njiru

Location Njiru Central Njiru Central

Sub Counties Njiru Njiru

Kahawa Soweto Village Kahawa Soweto

Location Kahawa West

Sub Counties Kasarani

Sub Location Congo Soweto

List of typical informal settlements and beneficiaries in the AWSB Nairobi area Settlement Population target for improved water and sanitation Mukuru 300,000 Huruma 10,000 Kahawa Soweto 3,000 Mathare 150,000 Soweto Kayole 15,000 Total Population 478,000 1.11.1 Greater Mathare

The area is visibly poor, characterized by poor housing, congestion and inadequate sanitary facilities; nonetheless there is improvement in accessibility by road to all the villages – for motorized transport. A number of area residents are small scale traders or casual labourers, however, there are many idle youths in all the villages, mostly engaged in chang’aa brewing and consuming. All villages present a potential health hazard and recipe for imminent disease outbreak as the filth and sludge, and open dirty drains are the play grounds for the children and very close to business premises of the small scale operators. The eight villages are served by only one school, Mathare Old Primary School. This definitely puts a strain on the obviously meagre family incomes as children have to attend the ill-equipped private primary schools. There is water in all villages however it is obtained mostly from the water vendors. In all the villages, water lines exist. The water was provided by Nairobi City council but the Nairobi Water and Sanitation Company has not been able to completely take over the provision of water services in the area from water vendors. Illegal water connections and water kiosks run by individuals’ dot the area. The cost of water is affordable to a majority of the people as a 20 litre container of water cost between KES 1 and KES 2. Water & Sanitation Service Improvement Project (WaSSIP)

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The sanitary facilities are grossly inadequate and the few available charge between KES 3 and 5 per visit which translates to a rather exorbitant daily charge for the whole household. There are two ablution blocks constructed and rehabilitated with CDF support in both village 3C and Kiamutisya village respectively and they are the only key facilities in these areas. The few available pit latrines in the area are manually exhausted using buckets and the waste thrown to Mathare River. There are “flying toilets” in all villages and human waste and garbage is strewn in almost all open spaces. NCWSC is putting up water kiosks in all the villages, however only 4 four kiosks at Kosovo village are complete and being operated by registered community groups while the ablution blocks are manned by youth groups who reported making KES 900 per day. These are groups which could be mentored in better record keeping practices and entrepreneurship so that they can invest the group funds for better economic gain. All sanitation blocks are not child-friendly as none has facilities suitable for children. The emptying of raw sewage into Mathare River poses a big health hazard as downstream the river joins Nairobi River and at Njiru areas it’s used to supply water for domestic use. As the consultant passed through all the villages of Mathare that are to be provided with the water and sewage services, it was observed that the ground slopes towards Mathare river hence all sewage and garbage flow into the river through runoff. The sewer line from parklands towards Ruai passes through the area. The water and sewage facilities can be easily provided. However, the biggest problem to overcome to provide the services is to locate a route to the existing sewer line from the residential shacks. The shanty houses are closely constructed side by side without leaving room to manoeuvre. An earth road has been constructed from Pangani to Huruma that joins Muranga and Outer Ring roads. The road can be used to provide route for the water mains in these informal settlements. Sewage lines from individual connections and the public ablution blocks can be connected to the existing trunk sewer. The construction of a new water main through the informal settlement in Mathare and providing water through communal points such as kiosks and ablution blocks will help to regulate water supply in the area. Once a new line is provided and water connected to the kiosks the existing “spaghetti” water connections can be done away with by shutting of the old system and rid the company of the illegal connections. It should be noted that the supply of water using the PVC pipes has greatly contributed to the mushrooming of the illegal connections. This is because any person with a bit of water knowledge can make a connection to a PVC pipe. To ensure that few people if any can meddle with the water pipes, GI pipes should be used to provide water even to individual connection. 1.11.2 Spring Valley and Matopeni

The area has three adjoining villages - Spring Valley, Manna and Matopeni; with the latter being the largest. The three villages are planned settlement; all housing units coming up are on individual plots though some of the plots are yet to be developed. Water for Matopeni is obtained from a borehole sunk at Kayole North Primary School, near the location of the former waste water treatment works. The water from the bore hole is however not adequate to cater for all the area residents. The area is less congested and accessible with 70% of the housing being permanent though poorly constructed. They are no public sanitation facilities even at the Chiefs camp which is nearby and the area is served by a few pit latrines (which are exhausted manually) or connected to septic tanks for a few households. At least 60% of the residents have some source of income although meagre around KES 100 - 150 per day earned during their daily engagement as Jua Kali artisans, quarry workers, small scale traders and masons. The area is relatively economically stable compared to other informal settlements and has a sound established governance structure from the grassroots which is functional. There are organized women (who engage in savings and credit activities called merry go round) and youth groups. The youth groups are at formative stage and more inclined towards environmental sanitation projects. Water & Sanitation Service Improvement Project (WaSSIP)

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Matopeni village is vast and characterized by stagnant dirty water and garbage strewn all over the place as many households have no proper garbage disposal means and sanitation facilities, evident by the flying toilets, thrown all over. The ground in Spring Valley slopes towards Kangundo road. A brook to the north of the village carries all sullage and the sewage from the residential plots. Like in other areas waste water runs through open drains creating a health hazard in the area. A sewer line can be constructed along the brook to join the Kayole trunk sewer at the lower reaches of the brook. Water supply to Spring Valley is through a 50mm Ø line that was put up by an NGO that runs an orphan children home in the village. The water supply is not adequate to cater for the people living in the area. The Matopeni ground slopes towards the river that passes through the Nairobi Industrial area. The area can also be sewered and be connected to the existing sewer passing through the area. At the centre of the village the area is flat. A waste stabilisation pond treatment works used to occupy part of this area before it was moved to Ruai. Water supply mains could be provided to both villages to enable people to access water of acceptable quality. 1.11.3 Kahawa Soweto

Many people living in Kahawa Soweto eke a living as casual labourers at Farmers Choice Factory and at the military barrack nearby, however there are small business operators in the area though not vibrant. The area is accessible by road and not over congested, however visibly poor with most of the housing being semi-permanent – (iron roofs, mud walls, iron sheet walls), though the area is better organised. Rent for the tenants is KES 500 - 800 per month. Pamoja Trust had a slum upgrading project which was rejected by the community as being expensive and it stalled, only sample houses are there. In addition, UN-Habitat supported the construction of six ablution blocks in the village however the project stalled before completion due to unresolved difference between the local leaders and UNHabitat. Only one of the blocks is in operation. A borehole sunk in the upper part of the village by NCWSC has not been equipped or connected to power, however some residents have individual water connections – by NCWSC. The Village governance structure is well developed and working closely with provincial administration. The big challenge reported in the area is high crime rate, Chang’aa brewing and other vices which are largely being curbed through community policing. Though the area is easily accessible by road, most residents rely on the commuter train for transport as it is relatively cheap. One of the key notable features is a big community resource centre/community hall constructed with support from UN-Habitat. At the lower side of the village there is a waste stabilisation ponds treatment works that treats waste water from Kahawa West. All the ablution blocks can be connected to the existing treatment works. A 200mm Ø water pipeline going to Kahawa West passes near the village. Water kiosks can also be put up at strategic points to serve the residents of this village. 1.11.4 Huruma This informal settlement area is quite poor and compares closely with many other slums in Nairobi. The area has extremely poor drainage system especially Mahiira and Redeemed villages, which are barely accessible in rainy season. There are no public sanitation facilities and only a few individual pit latrines, with two incomplete CDF ablution blocks (though one is in a riparian area). Most residents of the residents are small traders dealing mostly in goats and a few on other small businesses. The sanitation situation is so grim and a health hazard as there is raw sewage passing through Mahiira and Ghetto villages which has been diverted to the storm water drainages. Children play next to these murky waters and there are food kiosks nearby too. There are many illegal water connections, with Water & Sanitation Service Improvement Project (WaSSIP)

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the water vendors being the key source of water in the area, which is also sold to neighbouring Mathare North Estate. All the villages are visibly dirty and congested with “flying toilets” and garbage strewn all over. Although there is an ongoing slum upgrading project by Pamoja Trust in Mahiira and Kambi Moto, the area has no sewer service Huruma area has many small businesses mostly being run by women and youth, nonetheless high crime, drugs, illicit brews sale and consumption was reported among the many idle youth in the area. Madoya is the worst of the areas (poor housing and more populated, looks abandoned, with no services at all). It was observed that the Huruma informal settlements and the Mathare informal settlements are basically identical in all aspects. The only difference is that the waste water that runs through the open drains there consists of sewage and waste from the slaughter houses located at Kiamaiko village. Sewers and new water mains are needed in order to ensure the illegal connections are done away with. There is a local NGO, Akiba Mashinani which is giving loans to the residents to aid them individual water connections however this is still beyond reach for most residents. Those with individual water connection complained that metre reading is rarely done in Huruma and accumulated bills area a burden to residents hence disconnections. 1.11.5 Mailisaba Most of the residents eke a living by working at the quarries (mostly youth and women) or at the Dandora and Kayole dumpsites where they collect waste materials for resale for recycling. The area is easily accessible both by paths and roads and borders Dandora Phase V on one side and Saika Estate on the other side. The average daily household income is KES 100. A large number of the residents own the plots/houses though over 60% are yet to develop them and housing is largely semipermanent. The area lacks public sanitary facilities, with most of the residents sharing pit latrines which are dotted across homesteads. The area has water and sewer connections, some of which are done in most rudimentary ways by individuals and through CDF effort as the quality of pipes is wanting and village is littered by water pools and wet spots that signify water leakage points. There are organized groups in the area, with youth groups being most vibrant and operating income generating activities. Some of the residents with small farms have diverted sewer waste to their farms for irrigation purposes. World Vision and Feed the Children are the most active NGOs in the area. During the visits it was found that the area slopes both towards river valleys located on either side of the village. Water services are available and can be easily provided.

On both sides of the village, trunk sewers pass through the area. However the trunk sewer hardly conveys any sewage. The sewers have been punctured and sewage diverted to irrigate gardens in the larger Njiru area especially in the river valleys. In the riverside sector of the village, some residents have constructed pit latrines on top of the trunk sewer. The village also needs water and waste water disposal facilities. 1.13 ESIA Justification Water demand in the City of Nairobi has risen to a consumption of over 248,000 m3 per day for a population of more than 3.1 million people in 2009, but only about 60,000 m3 reaches the sewerage facilities daily (about 25%). It implies that over 200,000 m3 of raw or partially treated sewage is either discharged directly onto land, open drainage systems or public water bodies. A significant section of the city applies septic tanks and soaks pits for discharging their sewage with possibilities of environmental pollution, particularly in regard to water sources (surface sources and ground aquifers). Consequently, there is always potential risk of disease outbreak, especially in the high population areas. It would be appropriate to direct part of the available resources towards areas of Nairobi that Water & Sanitation Service Improvement Project (WaSSIP)

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are not served with sewerage systems as well as areas with high population density and potential for economic growth over time. Selected zones where the integrity of the current systems is unreliable could also be considered for improvement. The priority project should not only reduce risks of health problems but also lead to pollution control of rivers, water sources and the environment in general. In accordance with the EMCA, 1999, all new projects must undergo environmental impact assessment such as to comply with the EIA Regulation, 2003. In addition the National Policy on Water Resources as well as the Water Rules established under the Water Act, 2002 calls for environmental impact assessment on water related projects for long term sustainability and acceptability by the beneficiaries. Water related project including sewage disposal are listed in the 2nd schedule of EMCA, 1999 as among project that should undergo EIA. The proposed intervention projects are expected to have an overall positive impact to the people and the environment. However, construction phases and certain aspects of the operations are anticipated to have environmental and social impacts that would require to be mitigated. The magnitude of the projects justifies the EIA to provide an environmental management plan (EMP) for integration into implementation process. 1.12.1 Terms of Reference for the ESIA The main objective of the project will be to improve the quality of life in Nairobi informal settlement and redress the existing inequalities through provision of reliable, affordable and sustainable clean water and basic sanitation services to the poor. This ESIA process was commissioned to review and subsequently implement environmental impact assessment report for the proposed project. The environmental impact assessment therefore is meant to achieve the following objectives; i. Present the current environmental, social and cultural setting of the target project areas, ii. Identify positive and negative impacts associated with the interventions projects, iii. Propose mitigation measures for the identified negative impacts. iv. Prepare an environmental and social management plan for the project. 1.12.2 ESIA Objectives The objective of this ESIA is to give highlights environmental and socio-economic impacts that may result as a consequent of activities of the project.

The scope of the ESIA process involved the following; i. Review of documents including the preliminary environmental impact assessment report among other project document availed, ii. Field evaluation of the proposed project areas for baseline information and verification. iii. Establishment of current social structures for each project site. iv. Plan and undertake public consultation forums for each or clustered beneficiary communities and related stakeholders. v. Review of the proposed sample designs for the water kiosks, ablution blocks and the sewer systems. vi. Prepare a comprehensive ESIA report providing the project description, potential impact and their mitigation as well as environmental and social management plans. 1.12.3 Overview The approach, process and methodology of this ESIA was based on the intervention objectives of the project, i.e. to improve quality of life in Nairobi informal settlements and redress existing in equalities in accessing water and sanitation. The ESIA team reviewed the available background documentation (including design drawing and budgets) as a basis for identifying the existing situation and other established through assessments and interaction with beneficiaries. Specific approaches are briefly discussed below. 1.12.4 Approach The key activities that took place were as follows; Desk Studies i. Consultations with the Client and among the consultant’s team members, ii. Review of relevant documents, data and existing baseline conditions of the project areas, iii. Study of drawings, available maps and other social linkages, Water & Sanitation Service Improvement Project (WaSSIP)

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iv. Initial Consultative meetings with the client involved in the project. Field Assessment i. Reconnaissance visits to the project sites with AWSB, and beneficiary community leaders. ii. Detailed field visits for physical observations of the existing infrastructure, amenities, general environmental and social setting as well as key economic activities iii. Physical evaluation of ground truthing of available information and data. iv. Consultative forums (Rapid and formal meetings) with the stakeholders and benefiting community members.

1.12.5. No Project Alternative The No Project alternative will mean that the status quo is maintained in the project areas. This is not a good option considering the many advantages that will accrue if the project is in place. 1.12.6 ESIA Study Team The following professionals were involved in this study: 2 Eng. D. Mngoda Water Engineer 3 Prof. J I Kinyamario Lead EIA Expert 4 Eng. Kayima Sanitation Engineer 5 Eng. Dishon N. Nyaga Water & Sanitation Engineer 6 Ms. Isabella Munandi Social Economist 7 Mr. Muriuki Ireri Financial Analyst 8 Henry Murwa Surveyor 9 Eng. Samuel Getanda Water & Sanitation Engineer 10 Idah Mutinda Social Economist 11 Jeremiah Njeru Land Economist

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1.12.7 Budget The budget is estimated to total about KES 664,097,908 categorised into 5 lots. This is inclusive of the budget for implementation of ESIA/ESMP. Categorization Lot 1 Lot 2 Lot 3 Lot 4 Lot 5

Village Matopeni Kayole Soweto and River Bank Maili Saba Matopeni/Spring Valley, Maili Saba Kayole Soweto & River Bank Embakasi Kahawa Soweto Kahawa Soweto Mathare Mashimoni-Mabatini Kosovo,Gitathuru &4B Huruma Ghetto, Mahiira, Redeemed and Kampi ya Moto

Project

Cost (KES)

Water supply Water Supply Sewerage

72,713,938 62,645,826

Sewerage

220,965,666 152,954,801

Water supply Sewerage

837,810 45,140,240

Sewerage Sewerage

27,836,449 46,311,009

Sewerage

34,818,389

ESIA Management & Monitoring Plan TOTAL

Water & Sanitation Service Improvement Project (WaSSIP)

40,500,000

664,097,908

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CHAPTER 2: INSTITUTIONAL SETUP, POLICY AND LEGAL FRAMEWORK 2.1 Athi Water Services Board Athi Water Service Board was formed as a result of Water Act (2002) which has harmonised and streamlined management of water resources and provision of water supply and sewerage in the country. Under the Act, the Water Services Boards are responsible for developing infrastructure and the provision of water supply and sewerage services. The Athi Waters Services Board area covers Nairobi city, Thika, Kiambu, Makueni, Machakos and Kajiado Sub Counties Studies on water and sanitation access in Nairobi have revealed that only 19% of informal settlements inhabitants have access to water. Athi Water Services Board estimates that more than 50% of its 6 million inhabitants live in informal settlements or poor rural areas. Given this state of low coverage the Athi Water Services Board has untaken to put in place a policy to guide the improvement of water and sanitation access in informal settlements. In the City of Nairobi, the estimated number of informal settlements inhabitants is 1.3 million persons. The Athi Water Service Board estimates that it will require 32 million US$ to provide water and sanitation services to this section of Nairobi residents. 2.2 AWSB Mandate Athi Water Service Board (AWSB) is one of the seven WSBs established under the Water Act, 2002 through the Kenya Gazette Notice No. 1775 of 12th March 2003 to take charge of the Nairobi zone covering the City of Nairobi, Gatundu, Kiambu East, Kiambu West, Kikuyu, Ruiru and Thika Sub counties (covering an area of approximately 40,000 km2). The board is mandated to; i. Ownership and holding of the water and sewerage assets in trust for the public. ii. Planning, development and expansion of water and sewerage services, iii. Contract out water and sewerage services provision to water and sewerage providers, iv. Monitoring and supervision of the water and sewerage services provision in its area of jurisdiction. 2.2.1 AWSB Vision and Mission To fulfil these mandates, AWSB is guided by its vision, mission and values as defined below:  The vision: “A future with reliable, affordable, and safe water and sewerage services that exceed our customers’ expectations”.  The Mission: “To improve the quality of life of our community by ensuring access to safe water and sewerage services”. 2.3 Policy Objective The overall objective of the policy intervention is to provide reliable, affordable and sustainable access to safe drinking water and basic sanitation to people living in informal settlements. This is in line with the Kenyan water services strategy whose main aim is to achieve the specific MDGs and WSSD targets on water and sanitation for the country by 2015. 2.3.1 The Project in Context Informal settlement constitute between 40 and 70% of the population in all major urban centres in Kenya. These settlements are characterized by poor water and sanitation service provision. In its current National Water Services Strategy (NWSS) the government aims at achieving the MDGs by fast tracking affordable and sustainable access to safe water in the settlements of the urban poor. This will be achieved through defining national standards for low-cost technologies and increasing number of public/communal outlets under formal service provision. In addition, the GoK has responded to the Vision 2030 and the recommendation of the “Kenya Economic Recovery for Wealth and Employment Creation (2003 - 2007)”, by commencing a water sector reform program with a particular emphasis on the poor (equally recommended by the PRSP) which has led to a new institutional and legal framework and a SWAP (Sector Wide Approach to Planning) in the sector. Water & Sanitation Service Improvement Project (WaSSIP)

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WSS utilities under Water Services Providers (WSPs) currently play a minor role in the direct provision of services to informal settlements This is as a result of several factors including unclear tenure, lack of development control (Planning approval, plot coverage ratios etc) Although 80% and 90% of the total population in Mombasa and Nairobi respectively receive water from the main piped network more that 60% of the population in these towns rely on either a kiosk, vendor or natural sources. Where networks do exist they are characterized by low quality pipes that exist together with the poor drainage ways. In small and medium sized towns a number of large low income households rely on traditional sources. Utilities perceive service provision to the poor as commercially unattractive despite many studies proving the opposite. On the other side, many of the informal providers are organized in cartels, profiting from their monopoly power by distorting competition and creating artificial shortages. Nevertheless, there are other informal providers who could be formalized and brought under a regulatory regime to benefit the poor. Donor funds concentrate more on improving services to already connected consumers by upgrading existing systems, and not enough on providing services to the urban poor through low cost technologies, which could fast track access in the urban setting. Low cost technology already in place does not respond to minimum requirements and is therefore often not sustainable. In addition formal WSPs do not yet have enough knowledge to install and operate sustainable commercial viable low cost systems such as kiosks. According to a recent World Bank study barely 19 percent of Nairobi’s Informal settlements have access to a supply of piped water, in the form of either an in-house water connection or a yard tap. Only about one-quarter of the slum households have access to a private toilet facility. The majority (68%) of slum dwellers rely on shared toilet facilities. An additional 6% are even worse off - they have no access to toilets and have to use open areas and/or “flying toilets” (i.e. plastic bags that are tied up and then flung away). According to the Athi Water Services Board Strategic Plan 2007 - 2012, rapid urban planning is considered a challenge for the much needed expansion of services particularly in informal settlement areas. This is especially true for sewerage services which cannot therefore be expanded at the desired rate. 2.4 Policy and Legal Issues Many of Kenyan national policies and laws were formulated to cater for environmental and sustainable development. The Environmental Management and Co-ordination Act (1999) deals specifically with all matters relating to the environment and has guidelines in how to carry an EIA in Kenya. These guidelines address the following major problems:  Land degradation,  Environmental pollution (noise, water, air, soil etc),  Lack of accessible, good quality water,  Loss of wildlife habitats and biodiversity,  Deforestation, and  Deterioration of aquatic ecosystems. Kenya has many institutions involved in the management of environment and natural resources. They range from government departments, on-governmental organizations, private sector associations community based organization among others. The organizations are governed by different goals, objectives and mandates. Some governmental departments are governed by legal mandates; others are governed by presidential decrees while others are a creation of departmental policies. 2.4.1 Need for an ESIA Environmental Impact Assessment is a tool for ensuring new projects and programmes incorporate appropriate measures to mitigate adverse impacts to the environment and peoples’ health and safety as Water & Sanitation Service Improvement Project (WaSSIP)

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well as enhancing sustainable operations with respect to environmental resources and co-existence with other socio-economic activities in their neighbourhood. Recent GoK efforts aimed at formulating a clear policy strategy has culminated in the enactment of a new legislation on water management. The Water Act 2002 is aimed at harmonizing and streamlining the management of water resources, water supply and sanitation services. Necessary policies and legislation that ensures annual environmental audits (EA) are carried out on every running project, activity or programme and a report submitted to National Environmental Management Authority (NEMA) for approval and issuance of relevant certificates. According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from industrial, economic and social development programmes that disregarded environmental sustainability. Following on this, establishment of appropriate policies and legal guidelines as well as harmonization of the existing ones have been accomplished and/or are in the process of development. The NEAP process introduced environmental assessments in the country with among the key stakeholders being industrialists, business community and local authorities. This culminated into the development of the Policy on Environment and Development under the Sessional Paper No. 6 of 1999. 2.4.2 Policy Provisions National Environment Action Plan (NEAP) According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from economic and social development programmes that disregarded environmental sustainability. In this regard, establishment of appropriate policies and legal guidelines as well as harmonization of the existing ones have been accomplished and/or are in the process of development. Under the NEAP process EIA was introduced and among the key participants identified were the County Development Committees. National Policy on Water Resources Management and Development The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of 1999) was established with an objective to preserve, conserve and protect available water resources and allocate it in a sustainable rational and economic way. It also desires to supply water of good quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of wastewater and environmental protection. The policy focuses on streamlining provision of water for domestic use, agriculture, livestock development and industrial utilization with a view to realizing the goals of the Millennium Development Goals (MDGs) as well as Vision 2030. To achieve these goals, water supply (through increased household connections and developing other sources) and improved sanitation is required in addition to interventions in capacity building and institutional reforms. While the National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country’s socioeconomic progress, it also recognizes the by-products of this process as waste water. It, therefore, calls for development of appropriate sanitation systems to protect people’s health and water resources from institutional pollution. Development projects, therefore, should be accompanied by corresponding waste management systems to handle the waste water and other waste emanating there from. The same policy requires that such projects should also undergo comprehensive EIAs that will provide suitable measures to be taken to ensure environmental resources and people’s health in the immediate neighbourhood and further downstream are not negatively impacted by the emissions. In addition, the policy provides for charging levies on waste water on quantity and quality (similar to polluter-pays-principle) in which case those contaminating water are required to meet the appropriate cost on remediation, though the necessary mechanisms for the implementation of this principle have not been fully established under the relevant Acts. However, the policy provides for establishment of standards to protect the water bodies receiving waste water, a process that is ongoing. Sessional Paper No. 6 of 1999 on Environment and Sustainable Development Among the key objectives of the Sessional Paper No. 6 of 1999 on Environment and Sustainable Development (1993) are: Water & Sanitation Service Improvement Project (WaSSIP)

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i.

To ensure that from the onset, all development policies, programmes and projects take environmental considerations into account, ii. To ensure that an independent environmental impact assessment (EIA) report is prepared for any development before implementation, iii. To ensure that effluent treatment standards which will conform to acceptable health standards? This paper provided the basis for the environmental Policy framework that is in the process of formulation. Under this paper, broad categories of development issues have been covered that require sustainable approach. These issues include the waste management and human settlement sectors. The paper recommends the need for enhanced re-use/recycling of residues including wastewater and increased public awareness raising and appreciation of clean environment as well as the participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others for decent housing of every family. The Land Policy Among the philosophies behind the land policy is that land presents a multiple values that should be protected by law and that it is a finite resource that should be utilized sustainably. It also recognizes the values of productivity and environmental sustainability among others. Land use management issues in urban and rural areas has been of concern due to rapid urbanization, inadequate land use planning, unsustainable production, poor environmental management and inappropriate ecosystem protection and management. This compromises benefit-sharing concepts of integrating economic, social and environmental aspects of land use activities. Land use planning is required to address strategies for human settlement in relation to environmental conservation among other aspects as well as efficient and sustainable utilization and management of land and land based resources. Among measures for restoration and conservation of land include control of land degradation through abuse of inputs and inappropriate land use practices. Environmental management principles captured in these measures are conservation and sustainable management, ecosystem protection, urban environment management and environmental assessments and audits. 2.4.3 Legal Framework Applications of national statutes and regulations on environmental conservation suggest that the proposed project management institutions will have a legal duty and social responsibilities to ensure the proposed headquarter development is carried out without compromising the status of the natural resources in the area, public privacy, health and safety. This position enhances the importance of this environmental impact assessment for the proposed site to provide a benchmark for its sustainable operation. The key national laws that govern the management of environmental resources in the country have been briefly discussed below. It is noteworthy that wherever any of the laws contradict each other, the Environmental Management and Co-ordination Act 1999 prevails. The Environment Management and Co-ordination Act, 1999 Part II of the Environment Management & Coordination Act, 1999 states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or operation should undergo environmental impact assessment and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue a license as appropriate. The second schedule of the same Act lists water programmes and sewage disposal works among the key activities that must undergo environmental assessments. Part VIII section 72 of the Act prohibits discharging or applying poisonous, toxic, noxious or obstructing matter, radioactive or any other pollutants into aquatic environment. Section 73 require that operators of projects which discharges effluent or other pollutants to submit to NEMA accurate information about the quantity and quality of the effluent. Section 74 demands that all effluent generated from point sources be discharged only into the existing sewerage system upon issuance of prescribed permit from the local authorities or from the licensee. Finally, section 75 requires that parties Water & Sanitation Service Improvement Project (WaSSIP)

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operating a sewerage system obtain a discharge license from NEMA to discharge any effluent or pollutant into the environment. Section 87 sub-section 1 states that no person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill health to any person, while section 88 provides for acquiring of a license for generation, transporting or operating waste disposal facility. According to section 89, any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generate hazardous waste, shall apply to the NEMA for a licence. Sections 90 through 100 outline more regulations on management of hazardous and toxic substances including oils, chemicals and pesticides. Finally the environmental impact assessment guidelines require that EIA be conducted in accordance with the issues and general guidelines spelt out in the second and third schedules of the regulations. These include coverage of the issues on schedule 2 (ecological, social, landscape, land use and water considerations) and general guidelines on schedule 3 (impacts and their sources, project details, national legislation, mitigation measures, a management plan and environmental auditing schedules and procedures. 2.5

National Policies

Vision 2030

Vision 2030 is a government development strategy that is aimed at steering Kenya to a middle income country by the year 2030. It is based on the 3 pillars of political, social and economic advancement and it aims to transform the economy to newly industrialized status by 2030 and achieve sustainable growth. Environmental considerations of development are contained within the social and economic pillar. On poverty reduction, the vision aims at creating opportunities for the poor by making institutions stronger. The proposed extension and stabilisation of power supply is a clear step towards this vision. This is also in line with the Economic Recovery Strategy for Wealth and Employment Creation (ERS) which addresses issues of promoting sustainable livelihoods in marginal areas. By upgrading the water and sanitation status of the slums, AWSB will be assisting the country to provide clean domestic water and better sanitation facilities for the urban poor and therefore help attain the goals of Vision 2030 and the UN’s MDGs. Private Sector Development Strategy 2006-2010

The strategy focuses on improving Kenya’s business environment, institutional transformation, trade expansion, improved productivity and support to entrepreneurship and indigenous enterprise development. One of the key factors for the improvement of productivity is the adoption of modern, appropriate technologies. The upgrading the water and sanitation status of the slums will spur private sector investments in the areas and that of the national economy in general by provision of clean domestic waters and better sanitation. National Poverty Eradication Plan (NPEP), Poverty Reduction Strategy Paper (1999) on Environment and Development and Sessional Paper for Sustainable Development (No 1 of 2002)

The NPEP has the objective of reducing the incidence of poverty in both rural and urban areas by 50 percent by the year 2015; as well as strengthening the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for the Social Development (WSSD) of 1995. The plan focuses on the four WSSD themes of the poverty eradication; reduction of unemployment; social integration of the disadvantaged people and the creation of an enabling economic, political, and cultural environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government Ministries, community based organizations and private sector.

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The Strategy Paper on Environment and Development was published by the Government in 2001. The two key goals of the strategy are poverty reduction and economic growth. The document outlines the priorities and measure necessary for poverty reduction and economic growth. The objectives of economic growth and poverty reduction are borne out of realization that economic growth is not a sufficient condition to ensure poverty reduction. In this regard, measures geared towards improved economic performance and priority actions that must be implemented to reduce the incidence of poverty among Kenyans have been identified. With respect to the environment, the paper proposes that adequate awareness be created among stakeholders regarding environmental costs and benefits. It further calls for community involvement and participation in environmental management and conservation. This Sessional Paper for Sustainable Development (No. 1 of 2002) which is an update of Sessional Paper Number 4 of 1984 on population policy guidelines, addresses issues on environment, gender, poverty and problems faced by segments of the population including the youth, the elderly and persons with disabilities. Outlined in the paper are population and development goals and objectives including improvement on standards of living and quality of life of the people; full integration of population concerns into development process; motivating and encouraging Kenyans to adhere to responsible parenthood; and empowerment of women. By upgrading the water and sanitation status of the slums, AWSB will be assisting the country to provide clean domestic water and better sanitation facilities for the urban poor and therefore help attain the goals of Vision 2030 and the UN’s MDGs. The project will also spur private sector investments in the project areas and that of the national economy in general by provision of clean domestic waters and better sanitation facilities. 2.6 National Environmental Acts The EIA guidelines available for Kenya, especially the EMCA 1999 and NEMA Environmental Impact and Audit Regulations 2003, were closely followed in this ESIA. Awareness regarding the relationship between the environment and economic development in Kenya continues to grow since 1992 when Kenya joined the rest of the world in endorsing Agenda 21 as the global blueprint for sustainable development. To this end Kenya has recognised the need for mainstreaming environmental issues in all aspects of its economic development. This will ensure that the project is environmentally sustainable and will result in minimal environmental hazards. To summarise, the following are some of the various legal and policy instruments dealing with environment as an integral part of national development: Environmental Management and Co-ordination Act (EMCA) (No. 8 of 1999)

This Act provides for the establishment of appropriate legal and institutional framework for the management of the environment and related matters. Part II of the Environment Management & Coordination Act, 1999 states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or operation should undergo environmental impact assessment and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue an EIA license as appropriate. This Project falls within Schedule 2 of EMCA 1999 and therefore requires an EIA. The Proponent has commissioned the environmental and social impact assessment in compliance with the Act. The Proponent shall be required to commit to implementing the environmental management plan laid out in the report and any other conditions laid out by NEMA in order to ensure environmental and social sustainability of the project. This will ensure that the project is environmentally sustainable and will result in minimal environmental hazards. Environment Impact Assessment (EIA)

Environmental Impact Assessment (EIA) is a development compliance instrument created by Environmental Management and Conservation Act No.8. of 1999 sections 58 and 68 both refers to Water & Sanitation Service Improvement Project (WaSSIP)

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Environment Impact Assessment (EIA) and Environment Audit(EA).It is a statutory require that any developer must undertake an EIA according to regulations provided in the gazette notice No. 101. This instrument enforced by NEMA is conducted by a team of experts already registered with NEMA, the study then produces a report which is filed with NEMA for review in order to ensure compliance with environmental regulations. The Environmental management plans listed in the proposal must be adhered to during the project implementation. This process is undertaken before project implementation. National Museums of Kenya Act

National Museums of Kenya is a state corporation charged with research, management and documentation of historical sites, archaeological sites and site of natural and national heritages and monuments. National Museums of Kenya has also been designated as a national biodiversity centre and is involved in taxonomic and herbaria activities. Any archaeological item of note will be referred to the National Museums of Kenya for documentation and safe keeping. Land Acquisition Act Cap 295

This Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. The Act applies where public interests overrides private interests as indicated in Chapter 7 of the Constitution of Kenya. The initiatives and procedures of acquisition are set out in the Act and the following highlights are notable:  The Minister has to be satisfied that the land required is for public purpose by a public body before he directs the Commissioner of Lands to acquire it compulsorily.  The Commissioner of Lands then publishes the notice of acquisition.  The Commissioner holds an inquiry for hearing of claims by persons interested in the land.  The Act recommends that full compensation to be paid promptly to all persons interested in the land. Due to the fact that water pipes and sewerage line will follow the public road networks in the slum areas, the government may not have to acquire land and compensate the owners accordingly. Wayleaves Act Cap 292 The Act provides for certain undertakings to be constructed e.g. transmission lines, dams, canals, pathways etc., through, over or under any lands. Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever provided it shall not interfere with any existing building or structures of an on-going activity. Where any developments are affected, the Act recommends for compensation under Section 6 (1) - “the Government shall make good all compensation to the owner of any tree or crops destroyed or damaged”. The Act further explains the process of resolving conflicts that arise in determining the compensation value. Due to the fact that water pipes and sewerage line will follow the public road networks in the slum areas, the government may not have to acquire land and compensate the owners accordingly. Government Lands Act Cap 280

This is an Act of Parliament to make further and better provision for regulating the leasing and other disposal of Government lands, and for other purposes. Under this act the President through the Commissioner of Lands, allocates any un-alienated land to any person he so wishes ("unalienated Government land" means Government land which is not for the time being leased to any other person, or in respect of which the Commissioner has not issued any letter of allotment). Such a land once allocated is held as a grant from the government on payment of such rents to the government as the government wishes. This is now subject to the provisions of the new Constitution of Kenya 2010. By invoking the provisions of this Act, it will ensure proper use of land within the provisions of the Act.

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Registered Land Act Cap 300

This Act provides for the absolute proprietorship over land (exclusive rights) in Kenya. Under this Act any person may acquire absolute ownership to any land once he or she has been registered as the absolute owner under the Act. On registration such a person acquires freehold interests on the land which implies absolute ownership. By invoking the provisions of this Act, it will ensure proper use of land within the provisions of the Act. Trust Land Act Cap 288

All land, which is not registered under any Act of Parliament, is vested in local authorities as Trust Land. In these Trust Lands a person may acquire leasehold interest for a specific number of years. The local authorities retain the powers to repossess such land for their own use should the need arise. By invoking the provisions of this Act, it will ensure proper use of land within the provisions of the Act. Land Control Act 302

This Act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers can acquire replacement land. The most pertinent section of this act is Section (9) that states the economic size for agriculture. It controls the subdivisions of the agricultural land. The Land Control Act Cap 406 allows for all private land to be adjudicated and registered following which, a title deed is issued to the registered owner. Acquisition of private land is through transfer of the Title Deed either on account of inheritance, purchase or free gift but in all cases, transfers must be registered with the County Land Registrars following approval by the Land Control Boards. By invoking the provisions of this Act, it will ensure proper use of land within the provisions of the Act. Physical Planning Act Cap 286

This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of Government in order to remove uncertainty regarding the responsibility for regional planning. A key provision of the Act is the requirement for Environmental Impact Assessment (EIA). It provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in a specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues. The Act also promotes public participation in the preparation of plans and requires that in preparation of plans proper consideration be given to the potential for socio-economic development needs of the population, the existing planning and future transport needs, the physical factors which may influence orderly development in general and urbanization in particular, and the possible influence of future development upon natural environment. Any change of use of the actual development without authority constitutes an offence. AWSB will need to work closely with the local authorities and other relevant government departments to ensure that there is there is proper utilisation of land and its resources within the project area. This will entail proper planning for facilities etc. Energy Act 2006

This Act consolidated the laws relating to energy, provides for the establishment, powers and functions of the Energy Regulation Commission and the Rural Electrification Authority; and for connection purposes. Section 54 of the Act provides how land can be acquired if the Minister in consultation will the Energy Regulation Commission is satisfied that the land is needed for public benefit. Working closely under the provisions of this Act, AWSB will ensure safe distribution of power lines and other facilities in the project areas. Agriculture Act

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development of agricultural land in accordance with the accepted practices of good land management and good husbandry. This Act primarily guides and regulates farming practices especially in relation to the proximity of farming within the riparian section. The Act specifies that no agricultural activity is allowed and or permitted within the riparian area of a wetland, river or Lake. The Agriculture Act is the principal land use statute covering, inter- alia, soil conservation, and agricultural land use in general. AWSB together with relevant government arms will ensure that proper agricultural practices are put in place in the project area and cut down the use of sewerage for farming. These will include adhering to the set areas of riparian zones in order to reduce soil erosion and sedimentation of water bodies. Public Health Act Cap 242 and Factories and Other Places of Work Act Cap 514 and Occupational Safety and Health Act 2007

The Act protects human health. It prevents and guards against introduction of infectious diseases into Kenya from outside, promotes public health as well as the prevention, limitation or suppression of infectious, communicable or preventable diseases within Kenya. Its objective is also to advice and direct local authorities in regard to matters affecting the public health to promote or carry out researches and investigations in connection with the prevention or treatment of human diseases. This Act provides the impetus for a healthy environment and gives regulations to waste management, pollution and human health. This act provides for securing and maintaining health. This Act defines what an environmental nuisance is and this includes emissions of wastes, gases, smoke and the general pollution of land, air and water. During the construction of the bridge, it is likely that wastes and accidents may occur. Section 118 (c) deems it a nuisance for any street , road, or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water tank etc. so foul or in such a state or so situated or constructed as in the opinion of the medical officer of health to be offensive or to be injurious or dangerous to human health. Street here includes bridges, footway, square, court, alley etc. The Factories and Other Places of Work Act Cap 514 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 proponent will appoint a reputable contractor who will be responsible in enforcing the requirements during construction and subsequent repairs and maintenance after project completion. The Occupational Safety and Health Act 2007 applies to any work place. The Act requires that the operator of premises or works prepares a written statement of his general policy with respect to safety and health at work of his employees. This statement must be made available to the employees. Health and safety provisions covers, among others, cleanliness, ventilation, lighting, safe use of plant and machinery, fire prevention, dangerous fumes, safety provisions, first aid, control of air pollution, noise and vibration. Regarding the handling, transportation and disposal of chemicals and other hazardous substances, there shall be classification of hazardous materials and chemicals, and the materials data sheet should be maintained. The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director. The audit report shall be preserved and be kept available for inspection by the occupational safety and health officer. AWSB will need to encourage proper utilisation and use of the water to ensure provision of clean water suitable for domestic use by curbing water misuse and pollution.

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Lakes and Rivers Act (Cap 409) and Water Act 2002

The Lakes and Rivers Act provides for the protection of rivers, lakes and associated flora and fauna. The provisions of this Act therefore have to be applied in the management of rivers that will be crossed by the proposed project. The new Water Act (2002) of the Laws of Kenya seeks to make better provision for the conservation, control of pollution, apportionment and use of the water resources in Kenya, and for purposes they are incidental thereto and connected therewith. The Act vests ownership and control of water in the government subject to any rights of user. Under this provision the responsibility to regulate access, use and control of water resources is vested in the Water Resources Management Authority (WRMA). The Water Act protects water bodies and sources from pollution and controls their use. The Act also gives provisions for protecting catchments from deforestation. The Minister may designate protected catchment areas, within which activities may be regulated. However, the Water Act does not provide for control of other land uses that may degrade the catchment through soil erosion. The Agriculture Act, on the other hand, does provide a framework for dealing with these problems, although these provisions seem rarely to be implemented. Control of water pollution is covered in a general sense by the Water Act. The legislation is deficient, since it does not lay down water quality and discharge standards or provide powers for these to be defined. It also does not provide for water quality monitoring. The Public Health and Pest Control Products Acts also touch directly or indirectly on water pollution, but there is little institutional capacity to implement their provisions. This will ensure proper use of water resources within the project area and mitigate against water pollution by residents/activities. Wildlife Conservation and Management Act Cap 376

The Act and its related amendments regulate wildlife conservation within the country. The Act also created the Kenya Wildlife Service in 1997 and gives the agency the power to oversee the establishment and management of the Parks and reserves in Kenya and undertake to protect the fauna and flora within the National parks including entering into agreements with organizations of person to ensure that wildlife corridors continue to be provided for migration of wildlife. Alienation of any park can only be undertaken by a resolution from parliament. The Act gives KWS the powers to maintain an armed wing and provides the sweeping powers for the organization to enter into premise search and arrest anybody handling live or dead animal or part of animal and prosecute in a court of law. 2.7

National Guidelines and Regulations

The EIA and Audit Regulations, 2003; Legal Notice No. 101

These are entrenched under section 147 of the EMCA. The regulations provide the framework for carrying out EIAs and EAs in Kenya. This EIA project report is conducted in conformity with these regulations and EMCA, 1999. Environmental Management and Co-ordination (Noise and Excessive Vibrations Pollution) (Control) Regulations, 2009

The newly gazetted noise and excessive vibrations regulations require that noise and excessive vibrations should be minimized to the largest extent possible ant that this should not exceed particular decibels. To minimize the impacts of noise and vibrations from the proposed activities, the activities will be limited to working hours between 8.00 am and 5.00 pm. All possible care will be undertaken to ensure that the machinery are properly greased and oiled to reduce friction and possible noise emission. The proponent shall strictly adhere to the provisions and requirements of these Regulations. Demolition activities of the existing buildings/structures shall be done in accordance with the requirements of the Regulations.

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Environmental Management and Co-ordination (Waste Management) Regulations 2006

These regulations define the responsibilities of waste generators and define the duties and requirements for 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 waste only to a designated waste receptacle. The proponent shall adhere to the regulations and proposes to contract a NEMA registered waste transporter. The Environmental Management and Co-ordination (Water Quality) Regulations, 2006

These regulations set the standards of domestic water and waste water. The regulations are meant for pollution control and prevention and provides for protection of water sources. The proposed project will connect to the NWSC supply; sewer and the proponent shall take appropriate measures as provided in the regulations. The sewerage system in particular must be sound to prevent leaks and blockages. 2.8 Administrative Framework Legal provision for involuntary land acquisition in Kenya The Kenyan law has an explicit provision for expropriation of land under any of the three categories as follows: In Kenya, expropriation is provided for in the Constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. Section 75(1) provides that the Government can take possession of private land if this is necessary in the interest of town planning among other public interests, or if the development and utilization of the said land is to promote public benefit:  The development and utilization of the property will promote public benefit among other things.  The necessity for expropriation is great enough to justify any hardship caused to any persons  Law for prompt payment of full compensation makes the provision  Cap 288 allows for the expropriation of Trust Land on condition that:  The development and utilization of the property will promote public benefit among other things.  The necessity for expropriation is great enough to justify any hardship caused to any persons.  Law for prompt payment of full compensation makes the provision. Provisions of the Way-leaves Act (Cap 292) Under Section 3 of this Act, the Government may carry any sewer, drain or pipeline into, through, over or under any lands whatsoever but may not in so doing interfere with any existing building. Under Section 4.(1), the Government shall, at least one month before carrying any sewer, drain or pipeline into, through, over or under any private land without the consent of the owner of the land, give notice of the intended work, either by notice in the Gazette or in such other manner as the Minister may in any case direct. The notice shall describe the nature of the intended work and shall name a place where the plan of the intended work is open for inspection at all reasonable hours. A copy of the notice shall either be served on every person resident in Kenya whose place of residence is known and who is known or believed to be the owner of any private land through, over or under which it is intended that any sever, dam or pipeline shall be carried, or shall be posted in a conspicuous position on that land. Section 6.(1) of this Act requires the Government to make good all damage done, and shall pay compensation to the owner of any tree or crops destroyed or damaged, in the execution of any power conferred by this Act. In the event of disagreement as to the amount of the compensation to be paid or as to the person entitled to receive compensation, any person interested may apply to the County Commissioner, who shall award to the person entitled to receive compensation such compensation as he thinks reasonable; and that award, subject to appeal to the Provincial Commissioner, shall be final.

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2.9 Multilateral Environmental Agreements A number of international agreements and conventions have effects on the use and regulations of ecosystems and the environment. In general Kenyan law and legal regulations within the environmental sector reflects the ratification of these agreements and conventions. These include the following: African Convention of the Conservation of Nature and Natural Resources This was the effort of the African Ministerial Conference on the Environment (AMCEN) which gave birth to the convention among the African states. Other than conservation of other resources, the convention requires that contracting parties designate conservation areas within their waters and provide a zonation plan in order to conserve the protected areas. Convention on Biological Diversity (CBD) The Convention on Biological Diversity adopts a broad approach to conservation. It requires Parties to the Convention to adopt national strategies, plans and programmes for the conservation of biological diversity, and to integrate the conservation and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans, programmes and policies. The proposed project is expected to conserve biodiversity, especially the rare and endangered species in the project area and its environs. Cartagena Protocol on Biosafety This Protocol is complimentary to the Convention on Biological Diversity. The objective of the Cartagena Protocol is to create a balance between the benefits that accrue from biotechnology, while safeguarding the environment and human health from the potential harmful effects that biotechnology may pose. The Protocol adopts the preventive and precautionary approaches as is envisaged by Article 1 to the Protocol which provides inter alia “…to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on trans-boundary movements.” The Protocol was adopted on 29th January 1999 and ratified by Kenya on 24th January 2002. It has 111 parties, 103 of whom are signatories. The national focal point for the Protocol is the National Council for Science and Technology. The provisions of the Protocol are captured in EMCA (1999). United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) The United Nations Framework Convention on Climate Change (UNFCC) seeks to regulate levels of greenhouse gases (GHGs) concentration in the atmosphere, so as to avoid the occurrence of climate change at levels that would harm economic development, or that would impede food production activities. The Convention is founded on the principle that contracting parties should take courses of action, in respect of their economic and social activities, and with regard to the Convention's specific requirements, that will protect the climate system for present and future generations. The UNFCC informs land use in so far as activities on land are required to be designed to have a minimum negative effect on factors that may result in climate change. The Kyoto Protocol requires signatories to reduce their greenhouse gas emissions levels to 5% below 1990 levels by the year 2012. The Protocol came into force on 16th February 2005, after it received the pre-requisite signatures. However, with the United States, Australia, China and India not being signatories, the future of the protocol looked uncertain though this has been renegotiated for another 7 years at Cancun Mexico in 2010 during UNFCCC’s Conference of the Parties (COP 16). NEMA is the national focal point for this Protocol. United Nations Convention to Combat Desertification (UNCCD) Water & Sanitation Service Improvement Project (WaSSIP)

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This Convention was adopted on 17th June 1994 in Paris and came into force on 26th December 1996. The objective of the United Nations Convention to Combat Desertification (UNCCD) is to combat desertification and to mitigate the effects of drought in seriously affected countries, especially those in Africa. It seeks to achieve this objective through integrated approaches to development, supported by international cooperation and partnership arrangements, in the affected areas. It lays emphasis on long-term strategies that focus on improved productivity of land and the rehabilitation, conservation and sustainable management of land and water resources, leading to improved living conditions, in particular at the community level. The provisions are domesticated in several Acts of Parliament. Section 46 of EMCA requires County Environment Committees to identify areas that require reforestation or afforestation as well as to mobilize local communities to carry out these activities. The proposed project will need to adhere to the requirements of the UNCCD. Convention for the Protection of the World Cultural and Natural Heritage This Convention was adopted in Paris on the 21st November 1972. The Convention currently has at least 178 signatories. Its primary purpose is to preserve cultural and natural heritage, which includes monuments, architectural works, cave dwellings, painting and natural formations that are universally outstanding. Kenya ratified the Convention on 5th June 1991. The National Museums of Kenya is the national focal point. Findings of any significance need to be notified to the National Museums of Kenya. Basel Convention - Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal The Convention was adopted on 22nd March 1989 and came into force on 5th May 1992. The Convention seeks to put in place measures that reduce the production of hazardous wastes and further to minimize their unlawful transboundary disposal. Kenya acceded to the Basel Convention on 1st June 2000. Section 91 of EMCA empowers the Standards and Enforcement Review Committee to classify hazardous wastes, whereupon NEMA is required to establish guidelines on the management of the waste. Section 141 of the Act makes it an offence to import, dispose or otherwise manage hazardous wastes contrary to the Act. Bamako Convention on Hazardous Wastes within Africa The Bamako Convention was adopted in Mali, Bamako on 30th January 1991; it came into force on 22nd April 1998. The Convention has 18 parties (ten ratifications and eight accessions). Kenya signed the Convention on 25th March 2004. The Convention has provisions for import, transboundary movement and management of hazardous wastes within Africa. It is intended to fortify the provisions of the Basel Convention in order to protect the African people and their environment against dumping of hazardous wastes. This regional Convention also influences the use of land in Kenya in a similar manner as the application of the Basel Convention. New Partnership for Africa’s Development (NEPAD) The New Partnership for Africa's Development (NEPAD) adopted by the African Heads of State and Government is an initiative based on a common vision, firm and shared conviction to eradicate poverty and place the continent on the path to sustainable growth and development as well as participate in global economic and political arena. NEPAD recognizes that the range of issues necessary to nurture the region's environmental base and sustainable use of natural resources is vast and complex; and that a systematic combination of initiatives is necessary for the development of a coherent environmental programme. The NEPAD strategic framework to promote Africa's sustainable development has been developed prepared through a consultative and participatory process under the leadership of the African Ministerial Conference on Environment (AMCEN). The plan is comprehensive, holistic and integrates sustainable development principles. 2.9.14 East African Community (EAC) The East Africa Community (EAC) is a regional intergovernmental organization of the republics of Kenya, Uganda and Tanzania, with its headquarters in Arusha, Tanzania. The EAC aims at achieving various goals and objectives within its mandate through “Promotion of sustainable growth and Water & Sanitation Service Improvement Project (WaSSIP)

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equitable development of the region including rational utilization of the region’s natural resources and protection of the environment.” The Community has developed a draft Protocol on Environment and Natural Resources, which commits member states to sound environment and natural resources management. In addition, joint guidelines on Environmental Impact Assessment for Shared Ecosystems, have been adopted by the member states as an annexure to the protocol on environment and natural resources. Other specific areas of co-operation are in environment and natural resources management arrangement. The EAC Treaty will provide an effective mechanism for the general advancement of the region. 2.10 World Bank Safeguard Policies Under World Bank environmental safeguard policies projects need to be environmentally and economically sustainable and need to be screened against potential impacts. Although the project is expected to produce net benefits, certain project activities may have environmental or social impacts that require mitigation. Based on the screening process, overall project falls under Category A, and this this subproject under Category B of the World Bank. Category B projects have impacts that are “less significant, not as sensitive, numerous, major or diverse. Few, if any, impacts are irreversible, and remedial measures can be more easily designed.” Table 4-1: The World Bank Safeguard Policies Policy Environmental Assessment (OP 4.01) Natural Habitats (OP 4.04) Pest Management (OP 4.09) Indigenous People (OP 4.10) Physical Cultural Resources (OP 4.11) Involuntary Resettlement (OP 4.12) Forests (OP 4.36) Dam Safety (OP 4.37) Projects in International Waterways (OP 7.50) Projects in Disputed Areas (OP 7.60)

Applicability to WaSSIP Yes Yes No Yes Yes Yes No Yes Yes No

Applicability to this project Yes No No No Yes Yes No No No No

Environmental Assessment (OP 4.01) The ESIA identifies the major potential environmental impacts and proposes measures to mitigate these effects. Many of the impacts will only be localised around the project. Natural Habitats (OP 4.04) There are a number of critical habitats in the basin; however, none will be adversely affected by the project. The project will not be implemented in any protected area, but impact on a few critical natural habitats including wetlands may lead to degradation or conversion of habitats. Cultural Property (OP 11.03) The project will not include areas of significant cultural value. However, the project may impact small communal cultural property such as funeral or burial sites. The Government of Kenya through the Department of Monuments and Sites of the National Museums of Kenya is committed to the preservation of cultural properties and seeks means to avoid their elimination. Indigenous Peoples (OP 4.20) The project will not impact any indigenous peoples. Involuntary Resettlement (OP/BP 4.12) The project will result in small scale land acquisition and no foreseeable large resettlement programme which will necessitate a preparation of RAP. In general, involuntary resettlement may Water & Sanitation Service Improvement Project (WaSSIP)

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cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. However, this project’s impacts are not expected to major but less significant, not as sensitive, major or diverse and few, if any, impacts are irreversible, and remedial measures can be more easily designed. The project has been categorized as a World Bank Category B project. It is therefore important that the project will ensure activities are conceived and executed as sustainable development programmes, providing sufficient investment resources to enable the persons in the project to share in project benefits. Persons should be meaningfully consulted and should have opportunities to participate in planning and implementing of the project. Any displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 2.11 Institutional Structure of the Water Sector The National Policy on Water Resources Management and Development and the Water Act 2002, presently guides water resources management. The overall goal of the national water development policy is to facilitate the provision of water in sufficient quantity and quality and within a reasonable distance to meet all competing uses in a sustainable, rational and economical way. This policy separates policy formulation, regulation and services provision and defines clear roles for sector actors within a decentralized institutional framework and includes private sector participation and increased community development. Under the policy, the Ministry of Water and Irrigation is responsible for policy development, sector co-ordination, monitoring and supervision to ensure effective Water and Sewerage Services in the Country, sustainability of Water Resources and development of Water resources for irrigation, commercial, industrial, power generation and other uses. The Ministry executes its mandate through the following sector institutions: Water Services Regulatory Board (WASREB) The regulatory Board is responsible for the regulation of the water and sewerage services in partnership with the people of Kenya. The mandate of the regulator covers the following key areas; i. Regulating the provision of water and sewerage services including licensing, quality assurance, and issuance of guidelines for tariffs, prices and disputes resolution. ii. Overseeing the implementation of policies and strategies relating to provision of water services licensing of Water Services Boards and approving their appointed Water Services Providers, iii. Monitoring the performance of the Water Services Boards and Water Services Providers, iv. Establish the procedure of customer complaints, v. Inform the public on the sector performance, vi. Gives advice to the Minister in charge of water affairs. Water Resources Management Authority (WRMA) The authority is responsible for sustainable management of the Nations Water Resources; i. Implementation of policies and strategies relating to management of water resources, ii. Develop principles, guidelines and procedures for the allocation of water, iii. Development of Catchments level management strategies including appointment of catchments area advisory committees, iv. Regulate and protect water resources quality from adverse impacts, v. Classify, monitor and allocate water resources. Water Services Trust Fund (WSTF) This body assists in the financing of the provision of Water Services to areas of Kenya which are without adequate water services. This shall include providing financing support to improved water services towards; i. Capital investment to community water schemes in underserved areas ii. Capacity building activities and initiative among communities Water & Sanitation Service Improvement Project (WaSSIP)

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iii. iv. v.

Water services activities outlined in the Water Services Strategic Plan as prioritized by the Government Awareness creation and information dissemination regarding community management of water services Active community participation in the management of water services

Water Services Boards (WSBs) The WSBs are responsible for the efficient and economical provision of water and sewerage services in their areas of jurisdiction. Athi Water Service Board is among the seven catchment Boards established under the Water Act, 2002 and is mandated to; i. Develop the facilities, prepare business plans and performance targets ii. Planning for efficient and economical provision of Water and sewerage services within their areas of jurisdiction; iii. Appointing and contracting Water Service Provider iv. Asset holding of Central Government facilities 2.11.5 Water Services Providers Water Service Providers are the utilities or water companies. They are state owned but have been commercialized to improve performance and run like business within a context of efficiency, operational and financial autonomy, accountability and strategic, but minor investment. 2.12 NEMA Compliance The government established the National Environmental Management Authority (NEMA) as the supreme regulatory and advisory bodies on environmental management in Kenya under EMCA 1999. NEMA is charged with the responsibility of coordinating and supervising the various environmental management activities being undertaken by other statutory organs. NEMA also ensures that environmental management is integrated into development policies, programmes, plans and projects. 2.13 Sectoral Integration This integration encourages provision of sustainable development and a healthy environment to all Kenyans. The key functions of NEMA through the NEC include policy direction, setting national goals and objectives and determining policies and priorities for the protection of the environment, promotion of cooperation among public departments, local authorities, private sector, nongovernmental organizations and such other organizations engaged in environmental protection programmes and performing such other functions as contained in the act. Other stakeholder authorities include Ministry of Water Resources and Irrigation, Ministry of Environment and Natural Resources, Ministry of Health and Sanitation, Ministry of Local Government, Ministry of Lands and Settlement, Ministry of Social and Cultural Services as well as the Provincial Administration. Others are the Nairobi City Council and Nairobi Water and Sewerage Company as well as key groups working with the beneficiary communities in the respective areas. Environmental Management Section of AWSB This Section was established within the Service Board to facilitate compliance of water projects with appropriate environmental regulations. The office is expected to advise the projects on environmental compliance and is also provide a direct liaison with NEMA. Reports on the project implementation should reach this office directly from the contractor and stakeholders or through the supervisor while on the other, NEMA and other environmental stakeholder are expected to raise environmental issues related to the project through the same office. The office, therefore, is expected to be well informed of all project related issues at all times during the implementation and operations.

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CHAPTER 3: SCOPE OF WORKS Facilities planned for construction include the following: ablution blocks and water kiosks, sewer lines, and water lines. 3.1 Ablution Blocks and Water Kiosks These will be conveniently located on public areas to serve as many people as possible. All ablution blocks are designed to discharge into a sewer system. It is, therefore necessary to have the locations to be within the proximity of a sewer system. Like water kiosks, the linking sewer lines are not expected to pose any conflicts with the land use features.

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ABLUTION BLOCK PLAN, ELEVATIONS & SECTIONS

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3.2 Sewer Lines Sewer line network are proposed for the villages to feed into the main trunk sewers. All sewer lines will be located in such as to follow the existing access roads and passages (see Appendix 1). This is to ensure no land acquisition was necessary or social displacements took place; maximize the accessibility by the beneficiaries, and where the gradient allows for easy flow towards the trunk sewer. 3.3 Water Lines Water pipelines and reticulation system is also designed such as to follow the main access roads and passages (Appendix 1) to ensure no additional land is required neither will be necessary to have social displacements. The intervention area was selected to satisfy the desired priority by the resident community.

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CHAPTER 4: ENVIRONMENTAL SETTING 4.1 Geology and Soils 4.1.1 Geology Geology The project area is underlain with the typical geological formations in the Lower Nairobi areas. The top soils are generally black cotton type below which lies the Kirichwa toughs for between 10 and 40 metres deep. At depths of 60 – 100 metres lie the Nairobi phonolites layers that are very impervious to water infiltration. Further deep (100 - 120m) are the Upper Athi Series, at which most of the aquifers are found. 4.1.2 Soils Top soils range from black cotton types to laterites. The nature of the Nairobi Phonolites is such that penetration of pollutants to the deep groundwater aquifers is not likely unless there are major cracks in the stratum. Contamination can only occur within the sub-surface aquifers for up to 60 meters deep in the event of significant pollutant spills. 4.2 Climatic Conditions The climate within project area identifies with that of the greater Nairobi region a tropical city located about 140 km south of the equator and approximately 500 km west of Indian Ocean coast. The area is characterized with a semi-humid climate that is highly influenced by semi-aridity on the east (towards the Machakos) and southern (towards Kajiado) directions and the high potential in Kiambu, Kikuyu and Ngong areas. The rainfall is bi-modal with two rainy seasons from March to May (long rains) and from mid-October to mid-December (short rains) with an average annual mean rainfall of about 1,080 mm per year. The minimum and maximum temperature ranges from of 12 oC to 28 oC temperature of about 19 oC. Relative humidity ranges from a daily maxim m of 88% in the month of May to a daily minimum of 3 6% in the month of April. Daily evaporation ranges from a mini mum of 89 mm in the month of July to a maxim m of 19 mm in the month of March. 4.3 Air Quality Though air quality has not been measured under this ESIA it was observed that there are no notable emissions sources in the area save for residential homes. Urban emissions in the areas are associated with open burning of solid wastes (dry plant matter, papers, plastics, polythene and fabrics) emitting mainly particulate matter (Plates 4-1 and Plate 4-2). Dust is also a notable emission from road surfaces and public transport vehicle parking.

Plate 4-1 and Plate 4-2 4.4 Environmental Setup About 61.5% of the city’s residents rely on flush toilets and 32.1% use pit latrines. 26% of the household have toilets exclusively for household members use only while 66.0% of households share toilets among 4 or more households. It is only in City of Nairobi and the immediate suburbs, Kiambu and Thika towns within the AWSB that have sewerage systems. The rest of the towns rely on septic Water & Sanitation Service Improvement Project (WaSSIP)

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tanks and pit latrines. This under-development has led environmental degradation and pollution due to raw sewage being discharged into the water sources (Plates 4-3 and Plate 4-4).

(Plates 4-3 and Plate 4-4): The existing sewer network covers only the central part of Nairobi city and results in less than 60% of the households with access to safe sanitation. Due to rapid expansion of Nairobi City occasioned by rural urban migration, it is most likely that the effective sewerage coverage is also decreasing. It is estimated that about 248,000 m3 of water is consumed per day in the city but only about 20,000 m3 and 40,000 m3 of the sewage generated (estimated at 150,000 m3 per day) reaches the Kariobangi and Dandora sewage treatment plants respectively, an indication that collection efficiency is indeed less than 25%. Blockages, breakdowns of main trunks and absence of sewer connections are among the main reasons for low wastewater collection. Households not connected to the sewer network dispose wastewater through septic tanks, soak pits, open drains or into surface water bodies. Sound sanitation and hygiene are end products of reliable water supply and water quality. The project area has notable sanitation problems associated with inadequate water supply and poor infrastructure. Among the key observations in this regard include: i. Toilets in houses and institutions (flush or otherwise) are hardly washed due to lack of flowing water. In some instances, residents are forced to walk to neighbourhoods in search of toilet facilities or worse resort to alternatives such as dark alleys, drains, thickets or overused public toilets. This has exposed whole families to risk of diseases, ii. Due to lack of constant flowing water, most sewers have been blocked from inadequate flushing. Any sewage discharged into the sewer finds its way into the open drains or on land. This in addition to direct discharges from homes, food kiosks, institutions and commercial points further exposes residents, and particularly children, to a range of disease risks, iii. Dumping of garbage and other solid wastes is done along the road sides and other open spaces (Plates 4-5 and 4-6). Leachate emanating from the dumps either flows directly into the open drains or infiltrates into the ground. Due to low pressure in the water pipes, penetration of contaminants is potentially a risk to the health of the consumers, iv. Some of the residents, especially those operating small scale business (eateries, butcheries and workshops) did not seem sensitive on proper discharge of wastewater. Majority channel their waste direct into the open drains creating health hazards.

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Living conditions in the project areas are characterised by poor housing, complete lack/inadequate basic services, poor water and sanitary facilities that generate rivers of liquid and excreta wastes and heaps of garbage (Plates 4-7 and 4-8). Living conditions are poor and deteriorating as a result of increasing population, environmental degradation, insecurity and congestion exacerbated by the unemployment situation. The living conditions differ from one project site to another as depicted by poor housing, persistent water shortages that are costly, poor quality water, toilet holes and wells, low and poor health status of the people, lack of sanitary and health facilities, poor leadership and insecurity. The residents are involved in a wide range of economic activities including: collecting waste paper for selling, grocery selling especially by women, begging/borrowing from friends, gambling, drug addiction, water and vegetable vending, transportation of goods using their backs/carts/wheelbarrows, domestic workers, stealing, smearing houses for the rich, food scavenging and casual work mainly during weekends (when they get a chance to relieve the employed). The economic activities on project locations are discussed in the following paragraphs:

Plates 4-7 and 4-8 4.5 Business and Trade Business and trade in the project sites consist of both small scale and large scale informal business establishments. The main business and trade activities include transport, storage, Fruit vending, shopkeeping, hotel and restaurants as well as furniture and general wares. Others include shoe shiners/menders, Firewood selling, maize roasting, sale of credit cards and sweets, welding, charcoal dealers, news paper and textile (mostly second hand cloth) vendors (Plates 4-9 and 4-10).

Plates 4-9 and 4-10 4.6 Employment Residents of the aforementioned informal settlements are employed in both the formal as well as informal sectors of the economy. Majority of them are however either unemployed, engaged in casual employment or self employed.

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4.7 Livestock Keeping While appreciating that livestock keeping is prohibited within the city boundaries, it was observed that there are livestock farmers who tend pigs, goats, ducks, chicken and rabbits (Plates 4-11 and 412).

Plates 4-11 and 4-12 4.8 Crop Growing All the informal settlements covered under this project are established along rivers. Thus, despite congestion and lack of open spaces, riverines are heavily cultivated (Plates 4-13 and 4-14). Vegetable growing is preferred, as there is ready market (among neighbours and nearby markets) and returns are far much higher than in other crops.

Plates 4-13 and 4-14 4.9 Poverty The population living below the poverty line in Nairobi has steadily increased from 26% in 1992 to over 56% (i.e. 959,973 persons) in 2007. At the same time, food poverty was 38.4%, absolute poverty 50% and hardcore poverty was 3%. The city’s divisions with the highest rates of population under poverty lines are Makadara (59%), Kasarani (48%) and Pumwani (46%). The majority of the poor in Nairobi live in peri-urban and slum settlements, which are characterized poverty in the city include: overcrowding, poor access to basic infrastructure and urban services, low incomes and lack of access to employment opportunities, lack of land tenure, poor or no access to health services, inaccessibility to education and poor nutrition. The most vulnerable groups to these poor living conditions are women, children and women with disabilities (Plates 4-15 and 4-16). In the project areas, four forms of poverty were identified including: absolute, relative, food poverty and environmental poverty.

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Plates 4-15 and 4-16 4.10 Major Diseases in Nairobi City The poor environmental conditions coupled with low incomes have significantly contributed to poor health while drunkenness and prostitution have led to spread of HIV/AIDS. The main diseases in the project sites include tuberculosis, diarrhoea, scabies, vomiting, typhoid, coughing, STDs, HIV/AIDS, Cholera and Malaria. Other minor disease includes Elephantiasis, measles, meningitis, polio, worms (mainly affecting children), mental illnesses, dental problems, ulcers and high blood pressure among others. The residents use conventional medicine with majority buying drugs over the counter from nearby kiosks or seeking health services from GoK hospitals and local privately owned health clinics. The rest consult traditional healers, prefer to sleep until they get well and/or hope and pray for God’s intervention. Where residents could not afford healthcare, they result to banking their ID cards with the health facilities which they collect on payment of treatment bills, mostly at month end. In addition, there is increasing use of alternative medicines (herbal) and immunity boosting eating habits. 4.11 Education Literacy completion and transition rates in the selected informal settlements are low. The reasons for low literacy levels include lack of school fees, poverty, bad company/peer pressure, conflict between parents, pregnancy and early marriages and lack of food provision at home and school. There are both formal and informal education institutions in the project sites (Plates 4-17 and 4-18).

Plates 4-17 and 4-18 4.12 Cross-Cutting Issues 4.12.1 HIV/AIDS The project area reflects similar attributes of the AIDS epidemic that characterize Nairobi City. According to the Kenya National Aids Control programme, 197,000 (8% of the total population) of Nairobi’s population were HIV positives by 2006. The effects of HIV/AIDS especially in the informal settlements where poverty is rampant, have become a tragedy of devastating proportions. These have

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been reflected in terms of loss of lives by members of families and communities as well as the companies they work for. 4.12.2 Gender Aspects The proportion of men is higher than that of women in the project sites. There is no clear division of productive activities based on gender as males and females are involved in similar socio-economic activities, however with varying proportions and intensity (Plates 4-19 and 4-20). Men are engaged in activities outside the house such as conducting heavy business of wholesale and preparing commercial food and employed in jobs that require a lot of energy (e.g. pulling carts carrying heavy baggage, construction work etc).

Plates 4-19 and 4-20 Women are engaged domestic chores of fetching water (Plates 4-21 and 4-22) and taking children to school as well as undertaking light business activities of vegetables selling. They are also employed in jobs that require less energy e.g. packing, cleaning, etc. Access control and ownership of family resources, (income, savings, family belongings, houses and generally all productive resources) is in the hands of men except in female headed households.

Plates 4-21 and 4-22 4.13 Detailed Socioeconomic Survey Findings 4.13.1 Kayole Soweto General Information

Kayole Soweto village is situated in Embakasi Division in Nairobi’s Eastlands area. Key informant interviews reported that the settlement was formed by the transfer, due to a government directive of poor people who had previously lived in the city centre. The settlement has a population estimated to be 89,600 people distributed in 22,400 households. The land in which the settlement is built belongs to the Nairobi City Council. However, most of the residents have been given allotment cards to enable Water & Sanitation Service Improvement Project (WaSSIP)

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them carry on with development. This notwithstanding, land use planning and subdivision have been done and social service places provided. Administratively the settlement is divided into nine zones which are locally known as Muthaiga Central, Shauri Yako, Bahati, Muoroto, Kibagare, Gitau, Kamola and Patanisho. Each zone has a village elder who oversees the general administration on behalf of the Chief and the Assistant Chief. Demographic and Housing Information The socioeconomic survey covered a sample of 128 households drawn from the above zones. The survey sought views from household heads or adult members found in the household at the time of the interview. Among the respondents interviewed, 51% were women while 49% were male. Where the household heads were not found the spouses or adult children responded to the household questionnaire. To understand the movement pattern of the residents of Kayole Soweto, the survey assessed to establish the rate of movement of the people in and out of the settlement based on the number of years one has lived in the settlement. Findings of the survey noted a minimum of 21 days to a maximum of over 10 years within the settlement. Structure Owner by Gender

Most of the plots are of size 25 x 60 feet, with majority (67%) of the residents being tenants as compared to 33% of the landlords who live in the settlement. The settlement is well planned with residents having allotment letters from the City Council of Nairobi. Analysis of structure owners by gender across the sample revealed that 68% are owned by male while 32% are owned by female. It is estimated that the settlements has over 800 housing units measuring 10 x 10 sq.ft. Most of the structures have walls made of stones, iron sheets and bricks while common roofing material in use is iron sheets. Among the 128 households sampled in the settlements, 93% have houses with cemented floors as compared to 7% who have mud floors. Most of the plots are of size 25 x 60 feet, while the average number of rooms rented per household is 2 rooms. Depending on the type of house, and services provided, rent charges range from KES 800 to 3,000. Household Characteristics

Across the sample size, the survey noted that 83% of the households in Kayole Soweto are male headed while 27% are female headed. The average household size across the sample size is 4 members. In regard to education, for the 128 self-reported household heads, the highest education level achieved by majority of the household heads (47%) is secondary school, 41% primary school level, 7% college level while 6% have not attained any level of education at all. Analysis of education level across gender revealed that women are still trailing behind the men within the various levels of education mentioned. For instance, taking the highest education level to be secondary, only 38% of the women reported to have at least attained secondary school education as compared to 50% of the male household heads interviewed, despite having majority of the female at the primary level category. During the focus group discussions, low transition to secondary schools and other levels of education among female was associated with a number of factors such as early marriages, child abuse, early pregnancy, as well as limited financial resources.

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Focus group discussions further revealed that high school dropout coupled with low transition rates has resulted to idle youths in the settlement majority of who are currently unemployed. As a result participants noted an increase on the abuse of alcohol and drugs, thus exposing young people to behaviours that are dangerous to their health. Occupation of the Household Head

Analysis of the household head against their occupations revealed that 47% within the sample size derive their livelihoods from casual work, 34% are self-employed, 15% are permanently employed and 3% are unemployed. The remaining 2% reported farming along the existing water bodies e.g. open sewer line and along the river banks as their main source of livelihood. Depending on the type of occupation, different work stations were reported among the residents as shown in the table below: Occupation of the Household Head versus Workstation Workstation of the Occupation of the Household Head Household Head Self Employed Employed (Permanent) In this Settlement 47.7% 3.1% In another Informal Settlement .0% 50.0% Within Nairobi 21.6% 29.4%

Casual Work 49.2% 50.0% 49.0%

Most of the people who are self-employed operate small scale businesses among these are the street sellers, small stalls selling food along the roadside, vegetables, chang’aa illegal local liquor), small kiosks used as tailor or carpentry shops etc. Analysis of occupation by gender revealed that slightly more men than women in Kayole Soweto are in self-employment while casual work seems to be taken up by more women (52%) compared to 41% male. Some of reasons given for this disparity were cited as over indulgence of men in illicit brew and drugs thus neglecting family responsibilities, presence of a significant number of single mothers who have to provide for their children as well as increasing cost of living forcing women to supplement household income.

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Development Priorities

An assessment of development priorities within Kayole Soweto ranked water high on the list of respondents’ perceived development priorities. Water and sewer comes ahead as a priority amongst 13 development social problems mentioned by the respondents, based on the results of the pair-wise matrix rankings done with 20 community members as shown below: Pair-wise Ranking Results Social Problem Water Schools Roads Playing Field Health Facilities Excreta Facilities Sewerage Security Vocational facilities Illicit Brew Unemployment Rehabilitation Facilities Child Abuse

Score 24 15 14 0 13 23 17 9 8 2 5 6 15

Rank 1 4 6 13 7 2 3 8 9 12 11 10 4

Water Services

Service level is a measure of water availability and accessibility, which therefore measures the extent of hardship for a given community. Water availability refers to general reliability while accessibility relates to proximity, ease of fetching and affordability. Based on this definition, the survey analyzed the current water situation among the households in Kayole Soweto using water service level indicators among them access, quantity, quality, distance and time as well as cost.

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There is no formal water supply in the settlement though residents have connected themselves illegally to Nairobi Water Company mains. Primary water sources in the settlement include boreholes, water kiosk and a few individual Water connections. It is estimated that the settlement has about 7 boreholes though only one is considered to have safe water supply. At the time of the socioeconomic survey, the Nairobi City Water and Sewerage Company were implementing a project to install a total of 18 km of water pipes to serve the 9 zones of Kayole Soweto. It was further reported that the supply to the individual connections is through plastic pipes which pose environmental hazards to the residents due to leakage and water contamination. Distance to the Primary Water Source

Distance to the water sources is one of the determinants of the quantity of water drawn per household per day and hence per capita water use. For residents of Kayole Soweto, the average distance to the primary water source during times of normal supply was given as 137 meters, calculated from a minimum of 1 metre and a maximum of 1200 meters. However, based on the mode value, findings indicate that majority of the residents draw water from a distance of 100 meters from their households. Time Taken to Draw Water

The time to taken to and from the water sources including waiting at the sources is an indicator of access to water. In line with this, the average time taken by residents of Kayole Soweto to draw water ranges from 19 minutes to 1 hour depending on the type of source and distance from the household to the source as shown below: Type of Source against Time taken to draw Water Time to Collect Water in Primary Source of Water (Minutes) Piped Water in the House 10.91 Borehole 23.36 Water Kiosk 16.00

Time to Collect Water (Hours) 0 1.00 1.00

Regularity of Water Supply

Defining irregularity of water supply as the times when water supply is low or when there is lack of water for more than two days in a week, the survey sought to establish whether residents in the Kayole Soweto settlements experienced an irregular water supply at the time of the survey. The survey noted that most of the water sources in Kayole Soweto provide a regular water supply as reported by 59% of the respondents as compared to 41% who reported an irregular supply. Further analysis on the number of hour’s water is available indicated that at least 64% of the residents can at Water & Sanitation Service Improvement Project (WaSSIP)

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least access water for 12 hours per day for 7 days in a week as compared to 36% are experience irregular supply. Such availability can be explained by the fact most of the sources in Kayole Soweto are point sources mainly boreholes that accessible throughout the day. The only concern among residents is the quality of the water as in this report.

Coping Strategies

Residents of Kayole Soweto adapt various strategies to cope with insufficient water supply. Those mentioned include reducing the amount of water used for domestic chores, water storage as well as buying from vendors.

Fetcher of Water

In Kayole Soweto, the burden of drawing water rests on both adult male and female as illustrated below: Fetcher of Water Water fetcher Female Adult Male Adult Children- Boys and Girls Children – Girls Female Adults &Children All

Percent 60% 27% 2% 1% 3% 7%

Main Challenges in Water Access by Gender

Residents of Kayole Soweto noted that though the residence is endowed with a number of boreholes, the quality of the water produced by many of them is doubtful thus forcing them to look for clean water outside the settlement. In addition the only reliable and safe source is the borehole developed by Water & Sanitation Service Improvement Project (WaSSIP)

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NCWSC which sometimes fails especially when there is power shortage. residents reported a number challenges experiences across gender.

During such occasions,

In regard to women, the fact that they bear the brunt of looking for water exposes them to a number of challenges among them long distances mainly to the neighbouring estates e.g. Jacaranda, Donholm and Savanna. The effect of this is loss of many hours that could have been used for other economic activities. It was further reported that some women go through sexual harassment often by the security guards manning the mentioned neighbouring estates. When the situation is very desperate, the guards demand for sexual favours in exchange of water. Men on the other hand prefer to buy water from vendors when there is shortage or when they cannot stand the long lines at the water sources. Due to the weaknesses expressed above, the vendors’ seize the opportunity to charge high prices; sometimes even doubling the price. The effect of this is low per capita water use as the little water purchased is distributed among the various domestic uses. This notwithstanding, the time the water sources operate is sometimes not favourable for majority of the single men especially those working as casual workers outside the settlement. Such category leave before the sources are open and return late only to find they have been closed. Water Consumption

The quantity of water delivered and used at household level is important as it influences hygiene and therefore health of the people. However, where water supplies are intermittent, the risk of contamination of the domestic water supplies is likely to increase. The quantity of water consumed per household per day in Kayole Soweto was estimated to be 60 litres or 3 twenty litre jerrycans per household per day. This translates into a per capita water use of 12 litres per person per day which is far much lower than the recommended minimum of 22 litres the World Health Organization considers only just adequate (WHO, 1993) Water Quality The quality of water consumed by residents of Kayole Soweto is perceived to be poor according to 77% respondents while 23% of the respondents felt the quality is good. For the majority, poor quality of the water it attributed to taste and particles. This can perhaps be explained by the fact the water from the boreholes is salty, hence the need for fresh water.

Cost of Water The cost of water is another indicator of service levels as it has an influence on consumption. Sources that charge a relative high tariff discourage the target consumers who as a result revert to unsafe sources for their domestic water supply. Findings of the survey indicate that different sources charge different prices. The cost of water at the NCWSC was given as KES 2 while water from the borehole cost KES 5. In addition, the borehole was not only said to be expensive in terms of purchase but also in regard to use. For instance more soap has to be used during washing thus an extra cost burden to the residents. Moreover, many latrines have been sunk in the locality, thus exposing the water to contamination.

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During times of short supply, vendors ferry water to the settlements at a cost KES 15 to KES 20 per 20 litre jerrycan. The quality of water from the vendors is considered unsafe as the sources are not know in addition to the fact that the containers used to drawn the water are rarely washed thereby increasing the risk of contamination even when the source of water is safe. Use of Alternative Water Source

Residents of Kayole Soweto rely on a combination number of water sources to supplement their water supply according to 86% of the residents interviewed. Some of the alternative sources available to the residents include water kiosk, vendors, borehole, and yard tap.

Cost of Water form Alternative Source

The cost of water from alternative source differs among the sources as illustrated in the table below: Cost of Water Source Cost per 20 litre jerrycan Household connection 3.67 Yard Tap 4.50 Water Kiosk 3.65 Water Vendors 15 Neighbour 3.80 Bore hole 5.22 Overall Satisfaction

Using levels of very satisfied, satisfied, very dissatisfied and dissatisfied to gauge the level of satisfaction of the residents with their present water supply, findings of the socioeconomic survey revealed that, a high concentration of residents within the very dissatisfied level. Only 5% expressed a bit of satisfaction with their current primary water supply.

Environmental Sanitation Environmental sanitation in this baseline survey assessed the current situation of excreta disposal, household garbage and liquid waste management. Water & Sanitation Service Improvement Project (WaSSIP)

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Excreta Disposal The socio economic survey recognizes that inadequate sanitation leads to a number of financial and economic 3 costs including direct medical costs and loss of productivity at household level hence the need for more investments towards its improvement. Data and information collected in Kayole Soweto shows that the settlement has no sewer line connection hence the reside rely on onsite systems mainly pit latrines, for excreta disposal many of them built and maintained by the structure owners. Only a very small proportion of the sample reported lack of a facility.

Ownership of Excreta Disposal Facility

Assessment of the ownership status of the existing excreta disposal facilities revealed that an overwhelming 93% of the facilities are owned by the landlords as illustrated below:

Owner of Facility Latrine Ownership Individual/Privately owned Landlord (Shared Facility) Public Facility Neighbours Total

Percentage 5% 92% 2% 1% 100%

Number of people sharing the Facility

Most of the excreta disposal facilities in Kayole Soweto are found within the plots. The average number of households sharing a facility was estimated to be 16 households. Based on the number of people per household, this translates to 32 people per facility. Responsibility for Cleaning Excreta Disposal Facility by Gender

Given that most of these facilities are found inside the plots and shared among many people, ensuring their cleanliness is critical for hygiene promotion at the household level. Pit latrines that are unkempt attract flies thus exposing food and water to contamination. An assessment of whose responsibility it is to clean the facility revealed women as the main cleaners followed by both men and women.

3

UNICEF,2008: Africa Water and Sanitation

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Distance to the Facility

The average distance to disposal facility was while a mode of 10 covered by the majority. facilities can be the most of these inside the plots.

the nearest excreta estimated at 8 meters metres is the distance Short distances to the explained by the fact facilities are located

Quality of Toilet/Pit

Latrine

Using parameters such as privacy, cleanliness and convenience (distance, queue, security and operating) respondents were asked to rate their facilities in term of good, fair and poor. Privacy of the facilities was rated fair according 38%, good according to 37% while 25% felt the privacy of their facilities poor. On cleanliness 50% gave a fair rate, 33% rated them poor while only 17% gave a good rate. In regard to convenience, 45% of the respondents gave a fair rate, 30% a poor rate while 25% gave a good rate. For the all the rates combined it can be concluded that the quality of the existing excreta disposal facilities is fair. Period Taken to Fill the Facilities and Emptying Methods

The period of time taken to fill a pit latrine depends on the number of users and the depth of the pit latrines. For majority however, an average of 1- 3 months was given as the time taken to fill the pits as some of them are very shallow. Once the pits are full, majority of them are emptied according to 81% of the respondents while no action is taken as reported by 18% of the residents. Latrine emptying constitutes a major challenge in the settlement as indicated by the methods currently in use.

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For majority however, manual emptying form the dominant method of pit latrine emptying as reported by 76% of the households interviewed. Whereas, mechanized emptying is the most convenient and safest method, the services are considered too costly by the majority of the residents. Cost of Emptying Pit latrines

To address the problem of pit latrine emptying a youth group known as Soweto Waste Disposal Self Help Group undertake to provide the service. The waste is removed using a bucket tied with a rope, and the contents poured into a waiting 200 litre drum. Where the waste has solidified, water is poured into the pit and stirred to make the waste loose and easy to draw. The cost of manual emptying depends on the distance from the pit latrine river or the trunk sewer where the faecal sludge is emptied. The charges range from KES 250 -500 per drum, with the costs escalating during the rainy seasons. Mechanized truck charge KES 2, 500-3,000 per trip. The survey learned that the high costs of emptying the pit latrines make it impossible for one to completely empty the pits. As a result many households reduce the amount of waste such that the toilet can be used once again. Nevertheless, the landlords are not responsible for the latrine facilities used by the tenants and whenever they are filled, it is mostly the tenants’ responsibility to join together and contribute the required amount for emptying. Faecal Sludge Disposal

One of the dumping sites where the faecal sludge is offloaded was cited as the nearby trunk sewer according to 60% of the respondents. However, the rest is dumped in the nearby river as reported by 40% of the respondents. The survey learnt that though NEMA is attempting to discourage the current methods of sludge disposal especially in the rivers by imposing heavy penalties for the action, the practice is not likely to be over unless the issue of sludge management right from collection to disposal in addressed. Overall Satisfaction

Respondents’ overall rating of the current excreta disposal facilities revealed low satisfaction levels among majority of the respondents as evident by 32% and 47%% of the respondents in the two villages who gave a rate of very dissatisfied and dissatisfied respectively.

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Household Solid and Liquid Waste Management

Wastewater management, solid waste management, urban drainage and other environmental and sanitary services have a great influence on the water supply system in any given area. The following is an outline of the current situation in regard to solid and liquid waste management in Kayole Soweto: Garbage Disposal

The common methods of household garbage disposal in Kayole were observed as burning, dumping while majority of the residents have private arrangements with some local CBOs who collect garbage on weekly basis at a cost of KES 10 per household. For those who dispose through dumping, common dumping places were identified as along the roads, river as well as outside the compound.

Drainage

There is no formal drainage system in Kayole Soweto. Household waste water is disposed off in the open or in the existing trenches. During the rainy season, these trenches block making the settlement completely impassable as reported during the focus group discussions. In regard to bathing facilities at least 81% use a shared bathroom in the plots, 16% have a private bathroom while 2 % bath with basin in their houses. About 1% across the sample size bath outside their houses at night.

Unlined Drainage in Kayole Soweto Health and Hygiene

Residents self reported identified the following as the common diseases among children, women and men in Kayole Soweto:

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Common Diseases and their Causes Category Prevalent Disease Major Cause Children  Diarrhoea, Malaria, Skin  Poor sanitation and hygiene practises conditions,  Lack of treated drinking water  Bronchitis, pneumonia and  Congestion coughing  Poor feeding  Malnourishment, Women  Typhoid& amoeba  Poor sanitation and hygiene practises  Tuberculosis  Congestion  STIs & HIV/AIDS  Poor feeding  Malnourishment  Irresponsible behaviours Men  Typhoid and malaria  Poor sanitation and hygiene practises  Tuberculosis  Congestion  HIV/AIDS and STIs  Irresponsible behaviour  Diabetes  Consumption of excessive alcohol Gender Empowerment

Empowerment is a multi-dimensional social process that helps people gain control over their own lives. It is a process that fosters power in people for use in their own lives, their communities, and their society, by acting on issues they define as important. Self-help groups can be one way to achieve some level of gender empowerment as many of them are formed for the purpose of pooling resources, gathering information, and offering mutual support for their members.

In line with this understanding, the assessment established that there are a number of self-help groups present in Kayole Soweto undertaking various activities. Further analysis on the extent household’s members engage into membership of various local self-help groups denoted that within a sample of 128 households, only 27% are engaged in a self-help group while the majority (73%) are not. Various factors motivate people to engage in various self-help groups. The following table illustrates the types of self-help groups in existence against the group composition.

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Group Activities by Composition Group Activities Boda Boda Hygiene Promotion Savings& loaning Welfare Financial Assistance HIV/AIDS Support

Men in the Group 115 14 25 21 17 4

Female in the Group 14 22 14 10 25 12

One defining aspect is that men are found at levels where physical power, social power and resource power are needed while women are more in supportive and care groups. Income Generation activities by Gender

The following activities generate income for both men and women in Kayole Soweto. Income Generation Activities by Gender in % Income Generation Women Small business Sell Water Casual Work Small Business & Casual work

Men 51.2 1 9.6 38.4

4.0 1.6 56.8 37.6

Findings of the survey denote that small scale businesses generate income for women while men derive their income from causal work. Income and Expenditure According to self-reported income levels, the average household monthly income in Kayole Soweto was estimated at KES 12,000 drawn from a minimum of KES 1,050 and a maximum of KES 48,000. Analysis of household income by category revealed that a significant proportion of the households earn slightly over KES 10,000 while only 4% earn KES