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Environmental and Social Impact Assessment Study Report, 2016

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Kopere 40MW Solar Power Farm Project, Nandi County, Kenya

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT FOR THE

PROPOSED CONSTRUCTION OF 40 MW KOPERE SOLAR PARK PROJECT AT KOPERE

FARM (SONGHOR/ SONGHOR/ BLOCK 2/20, 26) ALONG KIMWANI-KOPERE ROAD

NEAR KOPERE URBAN CENTRE WITHIN NANDI COUNTY IN KENYA

ENVIRONMENTAL CONSULTANTS

AWEMAC

AFRICA WASTE AND ENVIRONMENT MANAGEMENT CENTRE

Top Plaza, 4th

Floor Office Suite 8, Kilimani, along Kindaruma Road, off Ngong Road. P.O. Box 14365-00100, NAIROBI Tel : +254 (0) 202 012 408/ (0) 704 333 166, E-mail : [email protected], Website : www.awemac.co.ke

PROPONENT

KOPERE SOLAR PARK LIMITED

P.O BOX 64114-00620,

MUTHAIGA, NAIROBI.

MARCH 2016


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SUBMISSION OF DOCUMENTATION

I, Prof. Jacob K. Kibwage on behalf of Africa Waste and Environment Management

Centre submit the following Environmental Impact Assessment Study Report for the

proposed construction of a 40MW Solar Power Farm Project along Kimwani-Kopere

road, near Kopere Urban Centre within Nandi County in Kenya. To my knowledge,

all information contained in this report is an accurate and truthful representation of

all findings as relating to proposed project and project description and other

information given by the proponent.

Signed at NAIROBI on this………............. day of March, 2016.

Signature: ...................................................................

Designation: Lead Environmental Consultant. NEMA Firm Reg. No 0527

SUBMISSION OF DOCUMENTATION

I,.…………………………………………..............................................................., submit the following

Environmental Impact Assessment Study Report for the proposed construction of a

40MW Solar Power Farm Project along Kimwani-Kopere road near Kopere Urban

Centre within Nandi County in Kenya. To my knowledge, all information contained

in this report is an accurate and truthful representation of all findings as relating to

proposed project and project information we gave to the EIA firm of Experts.

Signed at Nairobi on this…………….day of March 2016.

Signature………………………………………………………..

Designation: ..........................................................


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PROPOSED CONSTRUCTION 40MW SOLAR POWER FARM ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT

LIST OF PLANNING AND PARTICIPATING CONSULTANTS

NAME QUALIFICATIONS

Prof Jacob K. Kibwage, PhD Lead Expert, Reg. No. 0126

PhD in Environmental Studies

Ms. Grace M. Momanyi Lead Expert Reg. No. 7631

MA Project Planning and Management

Mr. Dominic Munyao Lead Expert Reg. No. 2203

B. Sc Environmental Science

Mr. Samuel Biringi Nyagwoi Lead Expert Reg. No. 2342

B. Sc Environmental Science with IT

Mr. Davis Kilonzo Associate Expert, Reg. No.2110

B.Sc. Environmental Planning and Management

Ms. Abida Buoro Associate Expert, Reg. No.2967

B Sc. Biology

Mr. Clifford Mouti Siocha Associate Expert Reg.No.8173

B. Sc. Environmental Science

Mr. John Aywa Associate Expert Reg.No 2414

B Sc. Environmental Science with IT

Mr George M. Bagwasi Associate Expert, Reg. No. 6016

B. Sc Environmental Science with IT

Ms. Lydia Boke Associate Expert, Reg. No. 6767

B.Sc. Agroforestry and Rural Development


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ACRONYMS

0C Degrees Celsius

AC Alternating Current

asl Above sea level

DC Direct Current

EIA Environmental Impact Assessment

EMCA Environmental Management Coordination Act

EMP Environmental Management Plan

FiT Feed-in-Tariff

GoK Government of Kenya

HWM Household Waste Management

IEA Initial Environmental Audit

IFC International Finance Corporation

IPPs Independent Power Producers

KM Kilometers

Kwh Kilo watts

KWS Kenya Wildlife Services

MDG Millennium Development Goals

MoE Ministry of Energy

MW Mega watts

NEC National Environment Council

NEMA National Environment Management Authority

NGOs Non-Governmental Organizations

NPEP National Poverty Eradication Plan

O&M Operation and Maintenance

PPAs Power Purchase Agreements

PPE Personal Protective Equipment

PV Photovoltaic technology

RES Renewable Energy Sources


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SWM Solid Waste Management

TOR Terms of Reference

UNEP United Nations Environmental Programme

VAT Value Added Tax


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TABLE OF CONTENTS

ACRONYMS .............................................................................................................................................. IV

LIST OF TABLES ........................................................................................................................................ X

LIST OF PLATES ........................................................................................................................................ X

LIST OF FIGURES .................................................................................................................................... XI

EXECUTIVE SUMMARY .......................................................................................................................XII

1 INTRODUCTION............................................................................................................................... 1

1.1 BACKGROUND AND RATIONALE FOR AN ENVIRONMENTAL IMPACT ASSESSMENT .................................. 1 1.2 SCOPE OBJECTIVE AND CRITERIA OF THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ....................... 4

1.2.1 Scope ...................................................................................................................................... 4 1.2.2 Terms of Reference (TOR) for the EIA Process ...................................................................... 4 1.2.3 Data collection procedures .................................................................................................... 6 1.2.4 EIA organization and structure............................................................................................. 7 1.2.5 Reporting and documentation .............................................................................................. 7 1.2.6 Responsibilities and undertaking .......................................................................................... 7 1.2.7 Methodology outline .............................................................................................................. 8

1.2.7.1 Environmental screening ........................................................................................................... 8 1.2.7.2 Environmental scoping .............................................................................................................. 8 1.2.7.3 Desktop study ............................................................................................................................. 9 1.2.7.4 Site assessment and public participation ................................................................................. 9 1.2.7.5 Reporting .................................................................................................................................... 9

2 PROJECT DESCRIPTION ..............................................................................................................10

2.1 INTRODUCTION .............................................................................................................................10 2.2 PROJECT RATIONALE .....................................................................................................................10 2.3 LOCATION AND SIZE OF THE PROJECT ...............................................................................................11 2.4 PROJECT’S SURROUNDING ...............................................................................................................12 2.5 PROJECT TECHNICAL DESCRIPTION ................................................................................................15

2.5.1 Power and main components ...............................................................................................15 2.5.2 MODULES ..............................................................................................................................18 2.5.3 Inverter and transformer station .........................................................................................18 2.5.4 Fixation structure .................................................................................................................18 2.5.5 MONITORING SYSTEM ..........................................................................................................19 2.5.6 Implantation .........................................................................................................................20

2.6 DESCRIPTIONS OF THE PROJECT’S PRE-CONSTRUCTION ACTIVITIES .....................................................21 2.7 DESCRIPTION OF THE PROJECT’S CONSTRUCTION ACTIVITIES ..............................................................21

2.7.1 Site preparation works .........................................................................................................21 2.7.2 Storage of materials .............................................................................................................22 2.7.3 Structural steel works and related activities .......................................................................22

2.8 DESCRIPTION OF THE PROJECT’S OPERATIONAL ACTIVITIES ................................................................26 2.8.1 Inverter and Transformer station ........................................................................................26 2.8.2 Electrical system details .......................................................................................................27 2.8.3 Surveillance and security system ..........................................................................................28

2.9 ESTIMATED PROJECT INVESTMENT COST .........................................................................................29

3 DESCRIPTION OF THE PROJECT ENVIRONMENT ...............................................................30

3.1 INTRODUCTION .............................................................................................................................30 3.2 PROJECT LOCATION .......................................................................................................................31 3.3 DEMOGRAPHIC FEATURES ..............................................................................................................31

3.3.1 Population Size and Composition .........................................................................................31


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3.4 PHYSIOGRAPHIC AND NATURAL CONDITIONS ................................................................................32 3.4.1 Physical and Topographic features .................................................................................32 3.4.2 Climatic Conditions ............................................................................................................35 3.4.4 Ecological Conditions .........................................................................................................38 3.4.5 Water Resources ...................................................................................................................39

3.5 ECONOMIC ACTIVITIES ...................................................................................................................41 3.6 INFRASTRUCTURE AND ACCESS .......................................................................................................43

3.6.1 Road, Rail Network, Ports and Airports, Airstrips and Jetties .............................................43 3.6.2 Power Wayleave....................................................................................................................44 3.6.3 Road Reserve .........................................................................................................................44 3.6.4 Fiber Optic Cable ...................................................................................................................44

4 RELEVANT POLICY, LEGISLATIVE AND REGULATORY FRAMEWORK ......................45

4.1 INTRODUCTION .............................................................................................................................45 4.2 ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT 1999 .....................................................46

4.2.1 Environmental Management and Coordination (Environmental Impact Assessment and Audit) Regulations, 2003 ....................................................................................................................46 4.2.2 Environmental Management and Coordination (Water Quality Regulations) ..................48 4.2.3 Environmental Management and Coordination (Waste Management Regulations) .........49 4.2.4 Environmental Management and Coordination Controlled Substances Regulations, 2007 (Legal Notice No.73 of 2007) ..............................................................................................................49 4.2.5 Environmental Management and Coordination (Conservation of Biodiversity regulations 2006) 50 4.2.6 Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009 .................................................................................................................51 4.2.6 Air Quality Regulations, 2008 ...............................................................................................52 4.2.8 The energy (solar photovoltaic systems) regulations, 2012 ................................................53

4.3 THE SESSIONAL PAPER NO.4 ON ENERGY .........................................................................................54 4.4 THE KENYA VISION 2030 ..............................................................................................................54 4.5 THE KENYA NATIONAL CLIMATE CHANGE RESPONSE STRATEGY .......................................................54 4.6 ENERGY ACT, 2006 .......................................................................................................................55 4.7 THE AGRICULTURE, FISHERIES AND FOOD AUTHORITY ACT, 2013 .....................................................55 4.8 GENERATION, TRANSMISSION, DISTRIBUTION ACT ...........................................................................56 4.9 RURAL ELECTRIFICATION AUTHORITY ACT ......................................................................................57 4.10 THE STANDARDS ACT CAP 496 ......................................................................................................57 4.11 THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007 .....................................................................58 4.12 PUBLIC HEALTH ACT 1986 REVISION .............................................................................................58 4.13 PUBLIC ROADS AND ROADS OF ACCESS ACT (CAP. 399) ...................................................................60 4.14 WATER ACT, 2002 .......................................................................................................................60 4.15 THE LAND ACT OF 2012................................................................................................................61 4.16 PHYSICAL PLANNING ACT (CAP 286) .............................................................................................62 4.16 EMPLOYMENT ACT NO 11 OF 2007 ................................................................................................63 4.17 LABOUR INSTITUTIONS ACT NO. 12 OF 2007 ..................................................................................63 4.18 BUILDING CODE 1997 ...................................................................................................................63 4.19 TRAFFIC ACT CAP 403 ..................................................................................................................64 4.20 PENAL CODE CAP 63 .....................................................................................................................64 4.21 RELEVANT INTERNATIONAL CONVENTIONS AND TREATIES ...............................................................65

5 PUBLIC PARTICIPATION .............................................................................................................66

5.1 INTRODUCTION .............................................................................................................................66 5.2 OBJECTIVES OF THE CONSULTATION AND PUBLIC PARTICIPATION .......................................................66 5.3 METHODOLOGY USED IN THE CPP ...................................................................................................67 5.4 KEY INFORMANT INTERVIEWS.........................................................................................................67 5.5 STAKEHOLDERS PUBLIC MEETINGS .................................................................................................69


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5.6 ISSUES EMERGED FROM THE CONSULTATIONS ....................................................................71 5.6.1 Positive impacts ....................................................................................................................72

5.6.1.1 Employment to local youths and the community ................................................................... 72 5.4.1.2 Business opportunities ............................................................................................................ 72 5.4.1.3 Expansion of local market centers .......................................................................................... 72 5.4.1.4 Benefits to local institutions .................................................................................................... 73 5.4.1.5 Cost of power generated .......................................................................................................... 74 5.4.1.6 Investment opportunities ........................................................................................................ 74 5.4. 1.7 Project sustainability................................................................................................................ 74

5.6.2 Negative Impacts ..................................................................................................................74 5.6.2.1 Security issues .......................................................................................................................... 74 5.6.2.2 Air pollution .............................................................................................................................. 75 5.6.2.3 Health impacts to local people and livestock ......................................................................... 75 5.6.2.4 Buffer zone ................................................................................................................................ 75 5.4.2.5 Noise pollution ......................................................................................................................... 75 5.4.2.6 Impacts of storm drainage systems ........................................................................................ 76 5.4.2.7 Waste Generation and excavated soil ..................................................................................... 76 5.4.2.8 Loss of grazing and farming land ............................................................................................ 77

6. POTENTIAL ENVIRONMENTAL IMPACTS .............................................................................78

6.1 GENERAL ......................................................................................................................................78 6.2 IDENTIFICATION OF ENVIRONMENTAL IMPACTS ...............................................................................78 6.3 CONSTRUCTION PHASE ...........................................................................................................78

6.3.1 Positive impacts ....................................................................................................................78 6.3.1.1 Job creation ............................................................................................................................... 78 6.3.1.2 Provision of market for local construction materials ............................................................ 79 6.3.1.3 Boost of the surrounding business enterprises ..................................................................... 79 6.3.1.3 Gains in the local and national economy ................................................................................ 79

6.3.2 Potential Negative Impacts ..................................................................................................79 6.3.2.1 Loss of agricultural and grazing land ...................................................................................... 79 6.3.2.2 Visual and Aesthetic Landscape Impacts ................................................................................ 80 6.3.2.3 Dust and vehicle emissions ...................................................................................................... 81 6.3.2.4 Noise pollution ......................................................................................................................... 81 6.3.2.5 Impacts on Drainage, Surface Waters and Water Resources ................................................ 82 6.3.2.6 Solid Waste and excavated material ....................................................................................... 82 6.3.2.7 Soil Erosion ............................................................................................................................... 83 6.3.2.8 Hazardous material spillage .................................................................................................... 83 6.3.2.9 Vegetation and tree loss ........................................................................................................... 83 6.3.2.10 Social crimes ............................................................................................................................. 84 6.3.2.11 Public Health ............................................................................................................................. 84 6.3.2.12 Occupational health and safety................................................................................................ 85

6.4 OPERATIONAL PHASE ..............................................................................................................85 6.4.1 Positive Impacts ....................................................................................................................85

6.4.1.1 Additional Power Capacity ...................................................................................................... 85 6.4.1.2 Security Improvement ............................................................................................................. 85 6.4.1.3 Use of appropriate technology ................................................................................................ 85 6.4.1.4 Growth of centers within the project site ............................................................................... 86 6.4.1.5 Employment opportunities ...................................................................................................... 86

6.4.2 Negative Impacts ..................................................................................................................86 6.4.2.1 Increased Storm Water Flow ................................................................................................... 86 6.4.2.2 Increased pressure on infrastructure ..................................................................................... 87 6.4.2.3 Aesthetics .................................................................................................................................. 87 6.4.2.4 Occupational health and safety risks ...................................................................................... 87 6.4.2.4 Solid waste generation ............................................................................................................. 87

6.5 DECOMMISSIONING PHASE .....................................................................................................88 6.5.1 Positive Impacts ....................................................................................................................88

6.5.1.1 Rehabilitation ........................................................................................................................... 88 6.5.1.2 Employment Opportunities ..................................................................................................... 88


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6.5.2 Negative Impacts ..................................................................................................................88 6.5.2.1 Solid Waste generation ............................................................................................................ 88 6.5.2.2 Dust ........................................................................................................................................... 88 6.5.2.3 Noise and Vibration .................................................................................................................. 88

6.6 ENVIRONMENTAL RISKS TO THE PROJECT ...........................................................................89 6.6.1 Squatters in the neighboring private farm ..........................................................................89 6.6.2 Dust from Kimwani-Kopere road .........................................................................................89 6.6.3 Flooding ................................................................................................................................89

7.0 MITIGATION MEASURES AND MONITORING PROGRAMMES ........................................90

7.1 MITIGATION OF CONSTRUCTION RELATED IMPACTS ..........................................................90 7.1.1 Air quality .............................................................................................................................90 7.1.2 Minimize the effects of noise emitted from the site .............................................................91 7.1.3 Minimise the effects of exhaust emission..............................................................................92 7.1.4 Worker accidents and hazards during construction ...........................................................92 7.1.5 Worker accidents during construction and operation ........................................................93 7.1.6 Reduction of impacts at extraction sites and efficient use of raw materials ......................93 7.1.7 Minimization of vegetation disturbance and tree cutting ...................................................93 7.1.8 Minimization of run-off and soil erosion ..............................................................................94 7.1.9 Minimization of construction waste .....................................................................................94 7.1.10 Reduction of energy consumption ...................................................................................95 7.1.11 Minimization of water use ...............................................................................................96 7.1.12 Controlling hazardous spillage during construction phase............................................96 7.1.13 Public Health Safety and Awareness ...............................................................................96

7.2 MITIGATION OF OPERATION PHASE IMPACTS ......................................................................97 7.2.1 Ensuring efficient solid waste management ........................................................................97 7.2.2 Storm water management ....................................................................................................97 7.2.3 Ensure efficient energy consumption ...................................................................................97 7.2.4 Ensure general safety within the premises ..........................................................................98

7.3 MITIGATION OF DECOMMISSIONING PHASE IMPACTS ........................................................98 7.3.1 Efficient solid waste management .......................................................................................98 7.3.2 Reduction of Dust Concentration .........................................................................................98 7.3.3 Minimization of Noise and Vibration ...................................................................................98

8 ANALYSIS OF PROJECT ALTERNATIVES ...............................................................................99

8.1 NO PROJECT ALTERNATIVE ............................................................................................................99 8.2 PROJECT SITTING ...........................................................................................................................99 8.3 ELECTRIC POWER ALTERNATIVES .................................................................................................100 8.4 PROJECT DESIGN ..........................................................................................................................100

9 ENVIRONMENTAL MANAGEMENT/MONITORING PLAN ................................................101

9.1 INTRODUCTION ...........................................................................................................................101 9.2 CONSTRUCTION PHASE ENVIRONMENTAL MANAGEMENT PLAN .......................................................102 9.3 OPERATIONAL PHASE EMP ..........................................................................................................122 9.4 DECOMMISSIONING PHASE ...........................................................................................................127

CONCLUSION AND RECOMMENDATIONS .....................................................................................131

REFERENCES ..........................................................................................................................................133

APPENDICES ...........................................................................................................................................134


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LIST OF TABLES

Table 1 Population Projection by Age Cohorts ............................................................. 31

Table 2 Ten Years (10) Mean Monthly Rainfall (in mm) up to 2010 .......................... 36

Table 3 Annual Mean Temperatures (0 C) ..................................................................... 37

Table 4 Climate in Various Agro-Ecological Zones of Nandi County .......................... 38

Table 5 Participants Interviewed in the Public Participation ..................................... 68

Table 6 Construction Phase Environmental Management Plan for the Proposed Project ............................................................................................................................ 103

Table 7 Environmental Management Plan for the Operational Phase of the Solar Power Proposed Project ............................................................................................... 123

Table 8 Environmental Management Plan for the Decommissioning Phase of the Proposed Project ........................................................................................................... 128

LIST OF PLATES

Plate 1: Coffee planted within the site ........................................................................... 13

Plate 2: River Kipsiwa bordering the project site on the rear side to the west ......... 14

Plate 3: West Kenya Sugar Ltd Weigh Bridge directly opposite the project site ....... 14

Plate 4: Local murram road adjacent to the site ........................................................... 15

Plate 5: Confluence of River Kipsiwa and Ainangetuny where the sample was taken........................................................................................................................................... 41

Plate 6: Sugar cane the main cash crop for local communities ................................... 42

Plate 7: A tractor felling Sugarcane to the weighbridge .............................................. 42

Plate 8: Firewood parked for charcoal burning within the project site ..................... 43

Plate 9: Public consultative meeting in progress at Mberere grounds ....................... 70

Plate10: Public meeting residents supporting the project to be implemented ......... 71

Plate 11: Some housing developments near the project site that is likely to grow into a market center ................................................................................................................ 73

Plate 12: Livestock grazing within the project site ...................................................... 80

Plate 13: River Kipsiwa adjacent to the project site ..................................................... 82

Plate 14: Some indigenous trees at the site .................................................................. 84


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LIST OF FIGURES

Figure 1: Google Maps Showing Project Site Location ................................................... 12 Figure 2: Projected Diagramfor the Proposed Solar Project .......................................... 17 Figure 3: Details for Singe Axe Tracker Structure ........................................................... 19 Figure 4: Monitoring System Basic Scheme ..................................................................... 20 Figure 5: Project of Implantation Scheme........................................................................ 21

Figure 6: Crane ................................................................................................................ 24 Figure 7: Forklift .............................................................................................................. 25 Figure 8: Generator .......................................................................................................... 26 Figure 9: Proposed Surveillance System .......................................................................... 29 Figure 10: Map of Nandi County...................................................................................... 30

Figure 11: Water Analysis Results ................................................................................... 40


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EXECUTIVE SUMMARY

Introduction

The proponent; Kopere Solar Park Limited is proposing to build a 40MW AC

photovoltaic solar farm and 40 KVa 33/132 step up substation and a 1.8 Km

transmission line of 132KV connecting to Lessos-Kisumu hills power main line at

Pylon 87. The project is situated at Kopere Farm (SONGHOR/ SONGHOR/

BLOCK2/20, 26) (see survey map in the appendix) along Kimwani-Kopere Road

near Kopere Urban Centre within Nandi County (see Survey Map in the Appendix).

The proposed 40MW Solar Farm, which will sit on 250 acres, that is leased by

Kopere Solar Park Limited. The objective of the Kopere Solar Farm Project is to

create a privately financed Solar Farm in Kenya that will generate estimated

electricity of, approximately, 99,275 MWh/year from solar energy to be injected into

the Kenyan grid infrastructure.

Based on the current legislation on solar tariffs available at national and county

level in Kenya to promote sustainable and eco-friendly energy development,

Kopere Solar Park Shareholders planned the development, financing, construction

and operation of the 40MW power plant based on solar photovoltaic technology

(PV) to be installed on Kopere farm (SONGHOR/ SONGHOR/ BLOCK2/20, 26) in

Nandi County. This infrastructure will significantly contribute towards growth,

availability, and stability of the electrical power produced locally, based on clean

technology.

It is projected that the negative environmental impacts which will be associated

with the project will be minimal and will be greatly outweighed by the

environmental benefits of reduced diesel burnt to produce electricity and the

corresponding reduction of CO2 emissions and other greenhouse gases associated

with burning diesel. There is no known endangered flora or fauna species occupying


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the land and a large portion of the land is currently fallow and unused. The

proposed developmental benefits of the project far outweigh any potential loss of

income from sugar cane farming and reduced grazing land. As indicated in the

Alternatives Analysis chapter, the proposed project economic and environmental

benefits outweigh those of sugar-cane farming. It is against this background the

project was subjected to an Environmental Impact Assessment study process to

ensure any negative impacts resulting from the proposed project implementation

are adequately addressed and mitigated thereof.

Environmental Impact Assessment is a tool for environmental conservation and has

been identified as a key component in new project implementation. According to

section 58 of the Environmental Management and Coordination Act (EMCA) No.8 of

1999 second schedule 9 (1), and Environmental (Impact Assessment and Audit)

regulation, 2003, new projects must undergo Environmental Impact Assessment.

The Report of the same must be submitted to National Environment Management

Authority (NEMA) for approval and issuance of relevant certificates. This was

necessary as many forms of developmental activities cause damage to the

environment and hence the greatest challenge today is to maintain sustainable

development through sustainable use of natural resources without interfering with

the environment. In accordance with the 2nd Schedule of the Environmental

(Impact Assessment and Audit) Regulations of 2003, contained in Kenya Gazette

Supplement No. 56, Legal Notice 101, the proposed project requires an

Environmental and Social Impact Assessment Study.

Scope Objective and Criteria of the Environmental Impact Assessment (EIA)

Africa Waste and Environment Management Centre, a NEMA registered firm of

experts in Environmental Impact Assessment and Auditing, was appointed as a

Consultant to conduct the Environmental Impact Assessment of the proposed

40MW solar power project. The scope of the assessment covered impacts directly or


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indirectly associated with the construction and operation /routine maintenance

activities of the proposed project, supply of equipment-solar panels, inverters and

other accessories. The output of this work was an Environmental Impact

Assessment Study Report for the purposes of applying for an EIA License.

NEMA, EIA/EA 2003 regulations have been used to guide the methodology and

provide the framework for the Project ESIA. The consultant prepared the ESIA

study report in accordance with the outline contained in Part IV, Section 18 (1) of

the above regulations. The consultant, on behalf of the proponent conducted the

ESIA by incorporating but not limited to the following terms of reference:

Project description

Proposed location of the solar power project;

Description of the national environmental legislative and regulatory

framework, baseline information, and any other relevant information

related to the project;

Environmental effects of the project including the social and cultural

effects and the direct, indirect, cumulative, irreversible, short-term and

long-term effects anticipated;

EMP proposing the measures for eliminating, minimizing or mitigating

adverse impacts on the environment; including the cost, time frame and

responsibility to implement the measures;

Consideration of the viable project alternatives

Methodology Outline

Part of the proposed project site is currently fallow and unused while sugarcane has

been planted on the other section of the land. Taking into account that the site has

various natural resources as well as indigenous trees which could be adversely

affected by the project activities; a comprehensive environmental study report was


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recommended so as to adequately mitigate anticipated impacts. The general steps

followed during the assessment were as follows:

Environment screening, in which the project was identified as among those

requiring environmental impact assessment under schedule 2 of EMCA, 1999

Environmental scoping that provided the key environmental issues to be

addressed

Desktop studies and interviews

Physical inspection of the site and surrounding areas

EIA Public participation through interviews whereby administering of the

questionnaires was done to exhaustively cover the issues, public meeting

was held

Reporting

Project Description

Project location

The proposed Kopere Solar Park farm lies within the grid defined by GPS

coordinates: 0.0°N and 35.2°E situated at an elevation of 1380m asl. The land

reference is Songhor/ Songhor/ BL.2. /26 (Nyaroche Farm). The farm is along

Kimwani- Kopere road 5km from Kopere urban Centre within Nandi County.

Scope of works

The scope of works to be executed will comprise mainly of but not limited to the

following:-

Vegetation clearance and ground preparation

Erection of a site boundary metallic fence

Minor leveling and grading of areas where the solar arrays will be

installed to remove steep slopes and undulations. The tracker to be

installed will go along the slope of the land

Leveling of temporary hard-standing areas;


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Installation of solar trackers

Mounting the solar panels

Installation of inverters and other accessories

Construction of transmission line

Construction/upgrading of on-site access roads.

Commissioning of the project

Technical specifications

A photovoltaic power station, also known as a solar park, is a large-scale

photovoltaic system designed for the supply of merchant power into the electricity

grid. They are differentiated from most building-mounted and other decentralized

solar power applications because they supply power at the utility level, rather than

to a local user or users. They are sometimes also referred to as solar farms or solar

ranches, especially when sited in agricultural areas as the one proposed. The power

conversion source is via photovoltaic modules that convert sun light directly to

electricity. This differs from the other large-scale solar generation technology,

concentrated solar power.

Energy resource assessment results for the solar irradiance were based on NASA

meteorological datasets. Upon commissioning of the proposed solar farm, the

planned installed capacity will be 40MW and the farm is expected to generate,

approximately, 99,275 MWh/year, integrating the category of renewable projects

above the 10 MW installed capacity.

Estimated cost

The estimated cost of the project development is one billion, thirty one million

and five hundred thousand (1,031,500,000) Kenyan shillings.


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Impacts and Mitigation Measures

There are both positive and negative impacts anticipated to be associated with the

proposed solar power farm project. In general the following positive impacts are

associated with the proposed development;

Additional power capacity to the national grid, this is in line with the Kenya

governments target to increase electricity production by 5000 MW by 2030.

Solar energy reduce the environmental impacts of combustion associated

with fossil fuel energy generation, such as impacts from greenhouse gases

and other air pollution emissions

Unlimited Renewable source of energy

The cost of importing fuel will decrease

Source of energy supply not vulnerable to international policies or to the oil

market.

Construction of the proposed solar farm will lead to both direct and indirect

employment opportunities within and without the area

The project will earn revenue for the country from the statutory payments

leading to gains in the local and national economy

Growth of nearby urban centres such as Kopere Centre

Improved transportation facilities and network within the area

Increase of business opportunities such as boda bodas and matatus plying

the route

The negative Impacts associated with the proposed project are:

Limited hydrology and water quality degradation through soil erosion and oil

spills during construction phase

Clearing and grading of the site may lead to soil compaction; however this

can be mitigated by engineering methods.

Vibration and Noise pollution

Dust emissions during construction when it is dry


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Generation of exhaust emissions from vehicles and equipment’s used in

construction

Generation of solid wastes

Vegetation loss

Workers accidents and hazards during construction

Several measures shall be put in place to mitigate the impacts that are likely to lead

to hydrology and water quality degradation. The proponent will also prepare a

hazardous substance control and emergency response plan that will include

preparations for quick and safe cleanup of accidental spills/ disposal of damaged

solar PV cells. It will prescribe any form of hazardous-materials handling

procedures during construction

Adequate collection and storage of waste on site and safe transportation to the

disposal sites and disposal methods at designated area shall be provided. In addition

covers for refuse containers and appropriate personal protective equipment shall

also be provided by the proponent/contractor.

To mitigate against vegetation, loss clearing will only be limited to areas to be

constructed and replanting of some will be done after construction, if necessary in

the surrounding areas as part of Corporate Social Responsibility(CSR). Some natural

undergrowth below the panels is also allowed to control any form of soil erosion.

Conclusion

Renewable energy has potential to enhance energy security, mitigate climate

change, generate income, create employment and generate foreign exchange

savings. Electricity, by virtue of its versatility in application, is crucial to the socio-

economic development of the country and is the most sought after energy service by

society. Access to electricity is associated with rising or high quality of life.


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It is quite evident that the construction of Kopere Solar Power Farm will bring

positive impacts in the project area including adding the power capacity to national

grid, creation of employment, gains in the Local and National Economy, increased

business opportunity, growth of urban and peri-urban settlements around the

project site among others. However, although the project will come with various

positive impacts, negative impacts will also be experienced hence the need to

mitigate them. The negative impacts of this project include: air pollution; noise

pollution and generation of solid wastes, and loss of vegetation and farmland.

The project will add to the reliability of the regions power supply and thus

cushioning current consumers against losses occasioned by power failures and

blackouts. As well, expansion of power supply will improve access by new

consumers and thus facilitate investments hitherto constrained by lack of electricity.

Having said that the project is key to Kenya’s development agenda since it would

allow increased electricity access rates, reduced power losses, increased supply

capacity and increased reliability of power supply in the regions.

Considering the positive socio-economic and environmental benefits that will

accrue as a result of the proposed development, and the EIA study having found no

major impacts to arise from the development, it is our recommendation that the

project be allowed to proceed with the understanding that the proponent will

adhere to the mitigation measures recommended herein and will further still

implement the proposed Environmental Management Plan (EMP) to the letter. An

initial environmental audit will also be carried within a period of 12 months after

commencement of the operations to check compliance to the set policies, standards

and laws and the proponent will contract a licensed firm to provide Environmental

Health and Safety Services for the construction phase of the proposed development.


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1 INTRODUCTION

1.1 Background and Rationale for an Environmental Impact Assessment

Renewable energy is derived from naturally occurring resources mainly solar, biomass,

hydro, geothermal, and wind. Other renewable energy resources include tidal waves

and municipal waste. These resources, which are abundant in Kenya, are regenerative

and can therefore provide continuous and unlimited supply of energy.

Solar energy can be used for lighting, heating, drying and generating electricity. Kenya’s

geographical location astride the equator gives it unique opportunity for a vibrant solar

energy market. The country receives good solar insolation all year round coupled with

moderate to high temperatures estimated at 4-6kWh/m²/day. Solar energy is widely

used for drying coffee, cereals, vegetables, fish, hides and skins; for water heating; and

for electricity generation using photovoltaic systems.

The advantages of renewable energy resource generated electricity are:

Minimal adverse effects to the environment

Enhancement of energy supply security, reducing the country’s dependence on

imported fuels and coping with the global scarcity of fossil fuels and its attendant

price volatility.

Enhancement of economic competitiveness and job creation.

The proponent; Kopere Solar Park Limited is proposing to build a 40MW AC

photovoltaic solar farm, a 33/132 Step up substation and a 1,8 km High Voltage line

connected to the Lessos-Kisumu 132 main line. The Plant will be situated at Kopere

Farm (SONGHOR/ SONGHOR/ BLOCK2/20, 26) (see survey map in the Appendix)

along Kimwani-Kopere Road near Kopere Urban Centre within Nandi County. However,

this will be to be adjusted according to final interconnection terms from KPLC.The

objective of the Kopere project is to create a privately financed Solar Farm in Kenya that

will generate, 99,275MWh of electricity per year that will be injected into the national

grid infrastructure.


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The government of Kenya recognises that renewable energy sources (RES) which

include wind, biomass, small hydros, geothermal, biogas, solar and municipal waste

energy, have potential to generate income and employment, over and above

contributing to the electricity supply and diversification of generation sources. The

National Energy Policy as enunciated in Sessional Paper No.4 of 2004 and

operationalized by the Energy Act No. 12 of 2006, encourages implementation of these

indigenous renewable energy sources to enhance the country’s electricity supply

capacity. The Sessional Paper incorporates strategies to promote the contribution of the

renewable energy sources in generation of electricity.

Section 6.4.1 (i)-(iv) of the Sessional Paper No. 4 of 2004 on Energy provides for the

government to undertake pre-feasibility and feasibility studies on the potential for RES

and for the packaging and dissemination of information on renewable energy sources to

create investor and consumer awareness on the economic potential offered by other

renewable sources of energy.

Pursuant to these policy strategies and in recognition of the potential of renewable

energy sources in Kenya, the Ministry of Energy and Petroleum has encouraged

potential Independent Power Producers (IPPs) to carry out feasibility studies on

renewable energy generation on the basis of which Power Purchase Agreements (PPAs)

with the Off-taker can be negotiated. Based on the current policy and legislation on solar

energy generation available at national and local level in Kenya is to promote

sustainable and eco-friendly development in the production of energy. Kopere Solar

Park Limited planned the development, financing, construction and operation of a 40

MW power plant based on solar photovoltaic technology (PV plant) to be installed in

Kopere farm (SONGHOR/ SONGHOR/ BLOCK2/20, 26) (see survey map in the

Appendix), Nandi County. This infrastructure can significantly contribute to the growth

of the electrical power availability, produced locally, and based on a clean technology

that converts sun light into electricity.

In view of the time and resources required to undertake feasibility studies, the Ministry

of Energy and Petroleum prepared a Position Paper in FY 2007/08 proposing to set

Feed-in-Tariffs (FiT) for electricity generated from renewable energy sources;A Feed-


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in-Tariff (FiT) is an instrument for promoting generation of electricity from renewable

energy sources. A Feed-in-Tariff allows power producers to sell renewable energy

generated electricity to an Off-taker at a pre-determined tariff for a given period of time.

Renewable energy sources in Kenya include wind power, biomass, small hydro, solar,

biogas and geothermal. The Kenyan Feed-in-Tariffs (FiT) Policy issued in March 2008

(reviewed in January 2010 and December 2012), provides a framework that allows for

the purchase of power during a 20 year period by the Kenyan utility to Independent

Power Producers (IPPs). This policy promotes investment security, political and market

stability that justifies the decision to undertake the Kopere Solar Power Project. The

project is being developed by Subuiga International, a group of local entrepreneurs with

technical partnership from Martifer Solar. The model that is proposed is very recent and

will contribute into bringing new financing and operation models to this region and

Africa as a whole.

The project will stabilize power supply and thus cushion current consumers against

losses occasioned by power failures and blackouts. As well, expansion of power supply

will improve access by new consumers and thus facilitate investments hitherto

constrained by lack of electricity. Having said that the project is key to Kenya’s

development agenda since it would allow increased electricity access rates, reduced

power losses, increased supply capacity and increased reliability of power supply in the

regions. The proposed project land is currently fallow and unutilized and some section

planted with sugarcane and coffee thus minimal environmental impacts will be

experienced. The project is consistent with the socio-economic development policy of

Kenya which seeks to improve the living conditions of the population in the country and

the achievement of the Millennium Development Goals (MDG) and Kenya’s Vision 2030

as it will result in improved reliability of the power system as a result of strengthening

of the transmission system, and provide stable access to affordable power in rural areas

in so doing contribute towards improving the quality of life for women and children

through time saving on gathering firewood and through increased employment

opportunities. The proposed developmental benefits of the project far outweigh any

potential loss of income from sugar cane farming.


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It is against this background the proposed project was subjected to an Environmental

Impact Assessment study process to ensure any negative impacts resulting from the

project implementation are adequately mitigated.

1.2 Scope objective and criteria of the Environmental Impact Assessment (EIA)

1.2.1 Scope

The Kenya Government policy on all new projects, programmes or activities requires

that an environmental impact assessment be carried out at the planning stages of the

proposed undertaking to ensure that significant impacts on the environment are taken

into consideration during the design, construction, operation and decommissioning of

the facility. The scope of this Environmental Impact Assessment, therefore, covered:

The baseline environmental conditions of the area,

Description of the proposed project,

Provisions of the relevant environmental laws,

Identification and discuss of any adverse impacts to the environment

anticipated from the proposed project,

Appropriate mitigation measures,

Provision of an environmental management plan outline

1.2.2 Terms of Reference (TOR) for the EIA Process

Africa Waste and Environment Management Centre (AWEMAC), a NEMA registered and

licensed Lead Expert in Environmental Impact Assessment and Auditing was appointed

as a Consultant to conduct the Environmental Impact Assessment of the proposed

construction of 40MW Solar Power farm. The scope of the assessment covered impacts

directly or indirectly associated with the construction and operation /routine

maintenance activities of the proposed project, supply of equipment-solar panels,

inverters and other accessories. The output of this work was a comprehensive

Environmental Impact Assessment study report for the purposes of applying for an EIA

License.


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It was recognised that any form of development such as the proposed Solar Power

construction is likely to impact the site and the surrounding environment hence, before

any commencement of any work, there was an urgent need to carry out an

Environmental and Social Impact Assessment (ESIA) in compliance with the

Environmental Management and Coordination Act (EMCA) of 1999 and Environmental

Impact Assessment and Audit Regulations, 2003.

The Environmental Impact Assessment included the necessary specialist studies to

determine the environmental impacts relating to the biophysical, health and safety and

socio-economic aspects and to determine the issues or concerns from the relevant

authorities and interested and/or affected parties. The appropriate measures to ensure

co-existence of the proposed development with other social and economic activities in

the area are provided as part of Environmental Management Action Plan.

The main objective of the assignment was to assist the proponent to prepare a report

after carrying out an Environmental and Social Impact Assessment (ESIA) of the

construction of 40MW Solar Power Farm, to ensure the proposed development takes

into consideration appropriate measures to mitigate any adverse impacts to the

environment. The study identified existing and potential environmental impacts and

possible concerns that interested and/or affected parties have with the development, as

well as the associated prevention and mitigation measures for the negative impacts as

stipulated in the Environmental Management Plan (EMP) proposed.

The consultants on behalf of the proponent conducted the study by committing

themselves to the following terms of reference among others:-

Proposed location of the solar power project;

Description of the national environmental legislative and regulatory framework,

baseline information, and any other relevant information related to the project;

Objectives of the project;

Technology, procedures and processes to be used in the implementation of the

project;

Materials to be used in the construction and implementation of the project;

Products, by-products and wastes generated by the project;


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Description of the potentially affected environment;

Environmental effects of the project including the social and cultural effects and

the direct, indirect, cumulative, irreversible, short-term and long-term effects

anticipated;

Alternative technologies and processes available and reasons for preferring the

chosen technology and processes;

Analysis of alternatives including project site, design and technologies and

reasons for preferring the proposed site, design and technologies;

EMP proposing the measures for eliminating, minimizing or mitigating adverse

impacts on the environment; including the cost, time frame and responsibility to

implement the measures;

Provision of an Action Plan for the prevention and management of foreseeable

accidents and hazardous activities caused by carrying out activities or major

industrial and other development activities;

Measures to prevent health hazards and to ensure security in the working

environment for the employees and for the management of emergencies;

Identification of gaps in knowledge and uncertainties which were encountered in

compiling the information;

Economic and social analysis of the project;

Indication of whether the environment of any other state is likely to be affected

and the available alternatives and mitigating measures; and

Other such matters as the National Environment Management Authority (NEMA)

may require.

1.2.3 Data collection procedures

First, the Consultant undertook environmental screening and scoping to avoid

unnecessary data. The data collection was carried out through questionnaires/standard

interview schedules, use of checklists, observations and photography, site visits,

consultative meetings and desktop environmental studies, where necessary in the

manner specified in Part V (section 31-41) of the Environmental (Impact Assessment

and Audit) Regulations, 2003.


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1.2.4 EIA organization and structure

The EIA was carried out to full completion within a period of about ninety (90) days

from the date of undertaking. The Consultant (Lead Expert) coordinated the day-to-day

functions and any related institutional support matters. Otherwise, all formal

communications were directed to NEMA through the proponent.

1.2.5 Reporting and documentation

The Environmental Impacts Assessment Study Report from the findings was compiled

in accordance with the guidelines issued by NEMA for such works and was prepared

and submitted by the proponent for consideration and approval. The Consultant

ensured constant briefing of the client during the exercise. Description plans/maps and

sketches showing various activities are part of the Appendices.

1.2.6 Responsibilities and undertaking

The Consultant (Lead Expert) undertook to meet all logistical costs relating to the

assignment, including those of production of the report and any other relevant material.

The consultant arranged for own transport and travels during the exercise. On the site,

proponent provided all the information required by the consultant. The proponent also

provided site plan/map(s) showing roads, service lines/layout and other site details,

details of raw materials, proposed process outline and anticipated by-products, future

development plans, operation permits and conditions. The output from the consultants

includes the following:-

An Environmental Impact Assessment study report comprising of an

executive summary, study approach, baseline conditions, anticipated impacts

and proposed mitigation measures,

An Environmental Management Plan Outline which also forms part of the

report recommendations.


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1.2.7 Methodology outline

The proposed project site covers an area which is currently fallow and unutilized

though sugarcane and coffee was planted in some sections. The land has only shrubs

and a few indigenous mature trees along the River line boundary. Taking into account

that the immediate environment along within the site has rich natural resources which

could be adversely affected by the project activities, a comprehensive Environmental

and Social Impact full study report was undertaken. The general steps followed during

the assessment were as follows:

Environment screening, in which the project was identified as among those

requiring environmental impact assessment under schedule 2 of EMCA, 1999

Environmental scoping that provided the key environmental issues

Desktop studies and interviews

Physical inspection of the site and surrounding areas

EIA Public participation via the use of questionnaires

Reporting

1.2.7.1 Environmental screening

This step was applied to determine whether an environmental impact assessment was

required and what level of assessment was necessary. This was done in reference to

requirements of the EMCA, 1999, and specifically the second schedule. Issues

considered included the physical location, sensitive issues and nature of anticipated

impacts.

1.2.7.2 Environmental scoping

The scoping process helped narrow down onto the most critical issues requiring

attention during the assessment. Environmental issues were categorized into physical,

natural/ecological and social, economic and cultural aspects.


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1.2.7.3 Desktop study

This included documentary review on the nature of the proposed activities, project

documents, designs policy and legislative framework as well as the environmental

setting of the area among others. It also included discussions with the contractor, the

resident engineer, and as well as interviews with local residents and investors living

along the road.

1.2.7.4 Site assessment and public participation

Field visits meant for physical inspections of the site characteristics and the

environmental status of the surrounding areas to determine the anticipated impacts.

The project consultants and engineers were interviewed as well as the local

administration officer with the site. The information gathered was subsequently

synthesized and incorporated into the EIA study report.

1.2.7.5 Reporting

In addition to constant briefing of the client, this Environmental and Social Impact

Assessment study report was prepared. The contents were presented for submission to

NEMA as required by law for approval.


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2 PROJECT DESCRIPTION

2.1 Introduction

The proponent; Kopere Solar Park Limited intends to embark on developing a large

scale solar power farm installation of 40MW. The proponent, Kopere Solar Park Limited

is a Kenyan company whose primary activities are in developing, building and operating

of Green Energy Projects in the East African region using the latest renewable energy

technologies and innovative methods. The proponent has partnered with Martifer

Solar S.A as its technical partners to develop, build and operate the project during its

life time.

Martifer Solar is a leading player in the photovoltaic industry, supported by a solid

track record of international achievements, cutting-edge technology and worldwide

presence. Based in Portugal, Martifer has worldwide presence in more than 20

countries over 4 continents (Europe, North and Latin America, Africa and Asia) and has

installed more than 600 MW of photovoltaic solar energy worldwide. Martifer Solar S.A,

design and builds utility-scale solar power plants that contribute to increasing supply of

insufficient centralized power generation, at a local and/or regional level, offering off-

grid solutions that can give access to electrical power to remote locations where there is

no suitable transport infrastructure. The company is specialized in 360º PV turnkey

solutions for EPC projects, including development, financial advice, project

management, production, construction and operation and maintenance (O&M). It´s

adaptation capability and its advanced technical qualifications allow the company to

stand out in this fast-moving industry, covering all the PV segments i.e. ground, rooftop,

BIP, small generation, and off-grid installations.

2.2 Project Rationale

Kenyan installed power generation capacity is actually 1,591 MW, dominated by

hydroelectricity (49%), geothermal (29%) and diesel (21%), although increasing

demand and the volatility of the hydroelectric generation are leading to a surge in the


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diesel based generation. Kenya’s Climate Action Plan sets a low carbon development

strategy that considers the renewable energy generation sector as one base option for

the country. Although geothermal is the most promising renewable energy source,

Kenya also has an excellent solar resource (about 2.160 kWh/m2/year of solar

horizontal irradiation). Therefore the client proposes to venture into this untapped

natural renewable resource.

Returns from the proposed investment will be obtained from the sale of the generated

solar energy to the national grid of 99,275 MWh/year anticipated to be generated from

the proposed solar farm and the distance to the proposed grid connection point (132KV

Lessos – Kisumu High Voltage line ) is 1,8 KM. This is in line with the new “feed in tariff”

policy which took effect in January 2013. As per the policy document, suppliers of solar

power to the national grid will earn ($0.12) per kilowatt hour (kWh).

When designing the project, Subuiga International and Martifer Solar considered not

only its technical and financial feasibility, but also its own bet on bringing to the local

Kenya people significant improvement in power supply, an opportunity for training in

installation, operation and maintenance of utility scale PV plants. The project through

the generation of electricity will stimulate other economic activities. It will also assist

the Government in its policy of employment creation and enhancing and promoting

Green energy projects in line with Vision 2030. The proposed solar farm is expected to

generate direct employment for 150-200 Kenyans and foreign experts and also enhance

their skill levels through intensive and well-structured technology transfer. After the

installation, the solar plant will generate anout 20 permanent jobs at the site but more

indirect jobs in other parts of the country where the power will be utilized. In addition

to having strong spatial linkages with the rest of the economy, the project will provide

satisfactory returns to the partners and the Kenyan economy as a whole.

2.3 Location and size of the project

The proposed Kopere Solar Park farm lies within the grid defined by GPS coordinates:

0.0°N and 35.2°E situated at an elevation of 1380m asl. The land reference is Songhor/

Songhor/ BL.2. /26 (Nyaroche Farm). The farm is along Kimwani- Kopere road 5km

from Kopere urban Centre within Nandi County. The proposed 40MW Solar Farm,

which will sit on 250 acres, that is leased by Kopere Solar Park Limited.


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Figure 1: Google Maps Showing Project Site Location

2.4 Project’s surrounding

The proposed project site is bordered by West Kenya Sugar Cane Company Ltd

collection and Weigh Bridge and adjacent to Kimwani-Kopere road to the East, Kibisiwa


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River, private sugar farms invaded by squatters to the West and Private sugarcane

farms to the North. To the southern side lie private farms planted with sugarcane and

maize as well as a few residential homes. Plates 1, 2 and 3 below shows a coffee planted

, a river bordering the project and West Kenya Sugar Ltd weigh bridge which is directly

opposite the proposed project site.

Plate 1: Coffee planted within the site


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Plate 2: River Kipsiwa bordering the project site on the rear side to the west

Plate 3: West Kenya Sugar Ltd Weigh Bridge directly opposite the project site


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Plate 4: Local murram road adjacent to the site

2.5 Project technical description

2.5.1 Power and main components

The plant will have its production through photovoltaic technology.. A photovoltaic

power station, also known as a solar park, is a large-scale photovoltaic system designed

for the supply of merchant power into the electricity grid. They are differentiated from

most building-mounted and other decentralized solar power applications because they

supply power at the utility level, rather than to a local user or users. They are

sometimes also referred to as solar farms or solar ranches, especially when sited in

agricultural areas as the one proposed. The power conversion source is via photovoltaic

modules that convert sun light directly to electricity. This differs from the other large-

scale solar generation technology, concentrated solar power, which converts heat.


16



meteorological datasets. Upon commissioning of the proposed solar farm, the planned

installed capacity will be 40MW and the farm is expected to generate 99,275 MWh per

year, thus integrating the category of renewable projects above the 10 MW installed

capacity.

A projected line diagram of the proposed development is shown in figure 2 below (see

also Appendix).


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Figure 2: Projected Diagramfor the Proposed Solar Project


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2.5.2 MODULES

To guarantee certain levels of quality and price, and considering the site and

structure characteristics the modules to be installed are tier 1 modules from well-

known brands on the market. The modules will be certified according to the

applicable standards with a conversion efficiency of, approximately, 15, 49% with

good temperature coefficient performance than enables better output in the

tropical zone and excellent performance under weak light conditions, 25 years

performance linear warranty (maximum annual decrease of 0.7% from the second

year) and Product warranty: 10 years

2.5.3 Inverter and transformer station

All the inverter’s specifications are taken into consideration when designing the PV plant

and setting up the number of modules in series (fixing the voltage value) and the number

of strings in parallel (fixed power). Another relevant fact on the inverter is its nominal

power (AC power). As closer it works to this value, the better it will perform..

2.5.4 Fixation structure

Given the need to maximise the production in order to bring the project closer to its

financial viability and considering that the site is located at 0o N latitude, the proponent

decided to use a single axis tracker solution. It consists of an electromagnetic group

equipped with a frame to hold the photovoltaic panels and rotation system to rotate the

panels to their optimum position. This system consists of a rotational axis oriented to the

East-West, with +50o mobility, with which the panels reach their optimum position with

respect to solar radiation, thus increasing the energy captured by the system with respect

to the fixed structures.

The supporting structure for the panel grid consists of C shaped structural profiles

called pillars, made of hot dip galvanized steel(in accordance with the ASTM

A123/A123M standard). Mounted on these pillars is a square structural profile, onto


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which is fitted the grid of modules. The grid consists of structural profiles, with length

equal to the width of the grid, any clips for supporting and securing the panels. These

rows are connected to each other by means of a linear drive shaft.

Each tracker is equipped with a local control system based on a commercial PLc for the

following functions:

Astronomical calculation with a deviation <0,015o. It includes the possibility of

specifying slope angles East-West and North –South.

Pointing control by means of an analogic inclinometer and a frequency adjuster

“Backtracking” while eliminates shadowing from a new row of trackers to the

next , improving production performance while saving land

Parameters setting and start up using a commercial handy

Communications interface

Figure 3 below shows the details for this singe axe tracker structure

Figure 3: Details for Singe Axe Tracker Structure

2.5.5 MONITORING SYSTEM

The monitoring system is vital for the reporting and O&M services. Its major advantage

is the improvement of PV plant system efficiently keeping a structured from of

presenting information to the stakeholders. In general these systems acquire data from

several PV plant devices and create a historical database with this data. By early


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detection of equipment malfunction of failure the system set grounds for maximization

of energy production and down time reduction.

This system can present hourly, the following main data:

Current at the input of the second level of junction boxes closed to the inverters

Voltage and current values at the inverter input side

Grid phase voltage and inverter output power

Energy produced

Environmental Pressure

Modules temperature

Wind speed

The data will be processed to create reports that will be an important tool for operation

and maintenance. Figure 4 below depicts the proposed monitoring system basic scheme.

Figure 4: Monitoring System Basic Scheme

2.5.6 Implantation

An implantation scheme of the plant was made based on the technical design and

equipment, the site location and the layout of the terrain as shown in figure 5 below (see

also the Appendix).


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Figure 5: Project of Implantation Scheme

2.6 Descriptions of the project’s pre-construction activities

For the energy production simulations the proponent considered the available area

for the solar power installation which is exposed to the solar irradiation and free of

obstacles like structures, vegetation, elevation, capable of creating shadows on the

solar installation.

2.7 Description of the project’s construction activities

2.7.1 Site preparation works


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The proposed project site is currently fallow and unutilized, so site preparation will

involve clearing of vegetation, excavation works and transportation of construction

materials. This will be undertaken in a phased approach to mitigate soil erosion and

the impacts of excessive dust generation. Due to the large-scale nature of the

proposed project, construction will involve the use of heavy machinery such as

cranes and hammer driving piles. The engineers will also utilize human labour

where necessary so as to create employment to the local residents especially the

youth.

2.7.2 Storage of materials

Construction materials such as transformer centers, screws piles will be stored on

site. Bulky materials such as metallic structure of the trackers will be carefully piled

at designated areas on site. To avoid piling large quantities of materials on site,

delivery of bulk materials will be in quotas and where possible delivery will be

timed at the time of installation.

2.7.3 Structural steel works and related activities

Since the whole idea of using solar energy is to reduce the impact on the

environment, it only makes sense that the installation of solar panels be done as

environmentally friendly as possible. Unfortunately, concrete piles, which have been

common, are anything but friendly. Taking cognizance of this, the proponent intends

to utilize Screw Piles, which are much more environmentally and economically

friendly than concrete. Not only do they create less environmental damage to install,

but they are also easily removable and reusable, should the solar panel arrays be

moved. Solar panel installations, which use screw piles as the solar base, are a

logical choice as they save time, cost, and the environment. Removing concrete on

the other hand is an expensive and messy operation.


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The solar arrays on Kopere PV Farm will be supported by screw pile foundations,

which are known to be more environmental friendly than the concrete foundations.

Installed by trained professionals, this foundation choice provides an excellent

support for solar panels that fits well with the entire green energy movement by

being environmentally friendly.

2.7.4 Machinery Required

Crane A crane is a type of machine, generally equipped with a hoist, wire ropes or

chains, and sheaves that can be used both to lift and lower materials and to move

them horizontally. It is mainly used for lifting heavy things and transporting them to

other places. It uses one or more simple machines to create mechanical advantage

and thus move loads beyond the normal capability of a man. A crane will be utilized

during construction of the proposed solar farm to unload the materials (transformer

centers, connection center, etc.). 1 month for each 5MW. Anticipated Fuel

consumption for the crane will be40l/100km. Figure 6 below shows a crane to be

used in the construction.


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Figure 6: Crane

Forklift A forklift truck is a powered industrial truck used to lift and transport

materials. One or two forklifts will be required during the construction of the solar

farm for each MW, anticipated Fuel consumption will be30l/100km. See figure 7

below for a fork lift.


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Figure 7: Forklift

Hammer Driving Pile A pile driver is a mechanical device used to drive piles into

soil to provide foundation support for buildings or other structures. The term is also

used in reference to members of the construction crew that work with pile-driving

rigs. In our case we use this machine for the foundations (screw or piles) of the

mounting structures. One hammer driving pile will be utilized during the

construction. Fuel consumption50l/100km

Generator: An electric generator is a device that converts mechanical energy to

electrical energy. A generator forces electric current to flow through an external

circuit. Figure 8 below shows a picture of a generator to be used in the project.


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Figure 8: Generator

2.8 Description of the project’s operational activities

Operational activities will involve power generation and supply to the national grid

as outline below:

2.8.1 Inverter and Transformer station

All the inverter’s specifications are taken into consideration when designing the PV

plant and setting up the number of modules in series (fixing the voltage value) and

the number of strings in parallel (fixed power). Another relevant fact on the inverter

is its nominal power (AC Power). As closer as it works to this value, the better it will

perform.. Some of the main features of this equipments are; Isolation protection, DC

and AC over voltage protection.


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2.8.2 Electrical system details

This will involve the LV circuit which is the circuit between the photovoltaic and the

LV injection point. In the photovoltaic installation two different electrical circuits

will be considered i.e. Direct current circuit and the alternating current circuit.

Direct Current circuit

The electricity generated by the photovoltaic modules is direct current. The direct

current is compound by the equipment and cables until the inverter. The

photovoltaic panels are compound by the connection box with two different

terminals (negative and positive). These panels will be connected in series to

achieve the inverter operating voltage. At the final of the series of photovoltaic

panels the two terminals cross the installation until the junction boxes. After this

equipment the cables are placed on the cable tracks until the inverters and their

diameter is calculated according the distance.

Alternated current circuit

The alternated current circuit begins after the inverter is conducted to the main LV

switch board. The electrical meter will be installed just before the electrical

injection point.

Alternated current protections

Ground fail: to avoid this problem, a differential protection in the

electrical board is installed ;

Unbalanced grid: it will include an automatic switch for connection-

reconnection operations. This switch will also allow manual

disconnection. This system is inverter integrated and will ease anti-


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island protection, avoiding the PV installation functioning when it is

not grid connected;

Internally the inverter has protections against short circuit and high

voltage. Additionally in the installation electrical board.

2.8.3 Surveillance and security system

The surveillance and security system main components are:

Intruder Alarm System – Video analysis and Infrared technology, to ensure

an effective protection around the perimeter;

Video Surveillance System– Cameras (dome cameras) able to inspect the

whole PV Plant area, as well as the required equipment to manage all the

video information;

Control Centre, Transformer Centre and Inverter Centre Protection –

Security system, able to detect intruders;

Suppressive Lighting – A suppressive light system, triggered by an alarm

sent by any of the systems (Intruder Alarm System, Video Surveillance

System, Transformers Centre and Control Centre).


29


Figure 9: Proposed Surveillance System

2.9 Estimated Project Investment Cost

The estimated investment cost for the project is Kenya shillings one billion thirty,

one million and five hundred thousand (1,031,500,000) Kenyan shillings (refer

BOQ Appended to this report). The cost is based on current material and building

costs and does not take into consideration any future price escalations, cost of land,

professional fees and finance charges.


30


3 DESCRIPTION OF THE PROJECT ENVIRONMENT

3.1 Introduction

This chapter describes the current environmental setting around Solar Power farm

project site. The information presented here has been obtained from primary and

secondary sources. It will be noted that baseline survey on bio-physical and socio-

economic aspects are discussed in this report too. The project is located within

Nandi County but at the extreme boundary with Kisumu county. Nandi County is in

North Rift of Kenya, occupying an area of 2,884.4 Km2. The County is bordered by

Kakamega County to the west, Uasin Gishu County to the North East, Kericho County

to the South East corner, Kisumu County to the South and Vihiga County to the South

West. Geographically, the unique jug-shaped structure of Nandi County is bound by

the Equator to the south and extends northwards to latitude 0034’N. The Western

boundary extends to Longitude 34045’E, while the Eastern boundary reaches

Longitude 35025’E.

Figure 10: Map of Nandi County

Source: Kenya National Bureau of Statistics, 2013


31


3.2 Project Location

The proposed 40MW Solar Farm, which will sit on 250 acres, that is held in

freehold by Kopere Solar Park Limited, with an extra 250 acres available for lease by

Otolaryngology Ltd along Kopere-Kimwani road 5 Km from Kopere Urban Centre

within Nandi county.

3.3 Demographic Features

3.3.1 Population Size and Composition

In the current government administrative system based on the new constitution, the

entire Nandi County covers a total area of 2,899 square Kilometres. The County has

a population of 813,803 comprising of 406,907 males and 406,896 females (as per

the 2012 projections). The county’s inter-censual growth rate stands at 3.1 percent

which is slightly higher than the national growth rate of 3.0 percent. As indicated in

table 4, there is a disproportionately higher concentration of the population

between the ages of 0-9 years (31.7 percent) which explains the high population

growth rate. There will be need for massive investment in maternal, child health

care services and early childhood education as well as intensive family planning

initiatives to cater for this age group.

Table 1 Population Projection by Age Cohorts

Age

Group

2009 2012 2015 2017

M F T M F T M F T M F T

Under 1 12,532 12,138 24,670 13,545 13,119 26,664 15,094 14,619 29,713 16,060 15,555 31,615

Under 5 62,568 61,177 123,745 67,623 66,120 133,743 75,357 73,682 149,038 80,180 78,398 158,57

9

Primary

school

age(6-13)

86,619 85,999 172,618 95,064 94,384 189,448 104,324 103,577 207,901 111,002 110,20

8

221,21

0


32


Secondar

y age(14-

17)

23,584 34,007 57,591 25,883 37,323 63,206 28,405 40,958 69,362 30,223 43,580 73,803

Youth(15-

29)

104,195 107,753 211,948 114,354 118,259 232,613 125,492 129,778 255,270 133,526 138,08

5

271,61

1

Reproduc

tive age-

female(15

-49)

172,078 173,773 345,851 188,856 190,716 379,571 207,250 209,292 416,543 220,518 222,69

0

443,20

8

Labour

force (15-

64)

193,004 193,861 386,865 211,822 212,762 424,584 232,454 233,486 465,940 247,335 248,43

3

495,76

7

Aged

(65+)

12,305 14,420 26,725 13,504 15,826 29,331 14,820 17,367 32,188 15,769 15,769 34,248

Source: KNBS (2009) Kenya Population and Housing Census

3.4 Physiographic and Natural Conditions

3.4.1 Physical and Topographic features

Nandi County occupies 2,884.4 km2 of land characterized by hilly topography that

includes an outcrop of basement systems rocks. The dissected scarp at the Southern

border of the Sub-County is another manifestation of rock exposure.

The physiographic outlook of Nandi County is composed of five units with typical

topography namely: the rolling hills to the West of the County, the Kapsabet plateau

(part of Uasin Gishu plateau), the wooded highlands and foothills of Tinderet

Volcanic mass in the South East, the Kingwal swamp in the centre (Baraton-

Chepterit) and the dissected Nyando Escarpment at the Southern border (Nandi

South Sub-County).

The first unit constitutes an undulating landscape typified by rolling hills. They are

chiefly flat-topped ridges with identical summits that may be remnants of an eroded

plain. The Kimondi and Mokong Rivers flow Westwards through the area eventually

joining the Yala River.


33


The Kapsabet plateau extends from Kapsabet Eastwards. The eroded remains of the

original plain form a conspicuous incised plain near Kapsabet at a height of 2,020

Metres above sea level. The unit constitutes of an undulating land surface traversed

by rivers that form a sub-parallel consequent drainage system incised on the lava

surface. The course of some rivers is slightly North West indicating the general dip

of lava flows. River Kipkaren is one of them. Geologists believe that volcanic lava

flowed along the gently sloping plateau Northward, having been diverted by a hill at

Kabiyet to flow West towards Sarora Hills and also Southward across the Kingwal

swamp.

The Tinderet Highlands are part of highly dissected piles of lava which form an

extension of Kenya Highlands from the South East corner of the county. In the

wooded south-east corner, at the top of Meteitei Valley, rocks jut out to a height of

2,500 metres. Fifteen kilometers to the East of the road from Nandi Hills towards

Songhor and Kisumu is a highly rugged landscape over which volcanic lava flowed.

Rivers in Tinderet form a Northwest quadrant of radial drainage pattern. The

Kipkurere, Kibos, Kundos and Ainabngetuny Rivers have deeply incised valleys,

flowing southwest. The Kingwal and Kipterges Rivers and their tributaries drain the

North-western flank of Tinderet highlands. In the centre of the area, these rivers

produce substantial waterfalls, dropping from the top of harder bands in volcanic

rocks to the level of a swamp which foots the scarp. The Kingwal swamp lies at a

height of over 1,960 metres and is considered to be a site of a hollow in the original

landmass. The nearest basement system rock outcrop the swamp near Chepterit.

Drainage is prevented to the North and East by volcanic rock and prevented from

the South by agglomerates of Tinderet. The rivers flow to the west over a series of

rapids composed of hard bends in the basement system gneisses.

The fifth unit; the Nyando escarpment is a manifestation of extremely rugged

ground containing granite and volcanic rocks. The Equator runs alongside the scarp

line in the area.


34


There has been extensive faulting and intrusion both above and below the scarp.

The flowing of the scarp descends in impressive rapids, dropping from 2,000m to

1,300m through Kibos. The North of Nyando scarp, hills occur at about 2,150 meters

and a range of identically high hills form a ridge Westward along Nandi fault. These,

together with Kabiyet and Sang’alo Hills, are regarded as residuals of the original

land surface. The watersheds of rivers descending the scarp (from Kimondi-Mokong

system) run only 10km.

These rivers, swamps and valleys have varied effects on the County’s development.

The rivers are the main sources of water supplies for both domestic and commercial

use in the County. Some rivers, especially in Tinderet Sub-County, have rapid falls

which can be used to harness hydro-electric power.

The swamps have not been put into any economic use. Most of them are poorly

drained hence have no current economic significance to the development of the

County. It would be preferable if they were conserved as wetlands. Most of the

valleys are suitable for horticultural production. They are the main sources of

vegetables and pineapples consumed in the County. The rugged topography of the

County results in very steep slopes which have a negative effect on the transport

system, especially during the wet seasons. This mainly interferes with the

transportation of farm produce and human resource. .

Four types of land terrain exist in the County, these are:

Mountainous: The land generally has rather steep slopes especially on parts of

Meteitei and Tinderet areas to the south-east; Kemeloi, Bonjoge, Kaptumek,

Kapkures, Kapkerer areas to the South; and Kamwega and Soimining to the

Northwest. This type of topography has made transport network very difficult to

establish. This factor alone has created a drawback in provision of development

facilities in the affected regions.

Steep Slopes: This includes parts of Chepterwai, KipkarenSalient, Kabiemit, Ndalat,

Sarora and Kabiyet areas to the North and Kapkangani areas to the West.


35


Afforestation is required on the hills. Development of the main economic activities

has been affected by the factors noted for the mountainous regions.

Rolling or Hilly Land: These include parts of Nandi Hills, Kaptel, Kaptumo and

Kobujoi areas. Farming and other economic activities are well developed and mostly

mechanized. This is attributed to the ease of communication both on the roads and

on the farms.

Gentle to Moderate Slopes: This covers parts of Kilibwoni, Kaplamai, Kosirai,

Mutwot, Lelmokwo and Itigo areas. The topography of this region has influenced the

type and scale of economic activities in the region just as in other areas. Farming

productivity is high due to high soil productivity and less capital injection towards

soil conservation activities.

3.4.2 Climatic Conditions

The hilly and undulating topographical features of Nandi County coincide with a

spatial distribution of ecological zones that define the agricultural and overall

economic development potential of the area. The Northern parts receive rainfall

ranging from 1,300mm to 1,600mm per annum. The Southern half is affected by the

lake basin atmospheric conditions receiving as high as 2,000mm per annum.

Generally the County receives an average rainfall of about 1200mm to 2000mm per

annum. The long rains start in early March and continue up to end of June while

short rains start in mid-September and end in November. Only rarely is therea

month without some rainfall. The dry spell is usually experienced from end of

December to mid-March. The lowest rainfall is experienced in the Eastern and North

eastern parts of the county. The highest is recorded in the Kobujoi-Tindinyo area in

Aldai Division. Across Nandi, the highest rains are experienced in Kaptumo in Nandi

South, Nandi Hills and Kapsabet alongside Kobujoi.


36


The rainfall distribution and intensity has a direct relationship to economic

activities in the county. The areas with 1500mm (and above) rainfall per annum

form the extended Agro-Ecological zone for current and potential tea cultivation (LH

1 and UM1). The relatively drier areas to the East and Northeast which receive an

average rainfall of 1200mm per annum are suitable for maize growing, sugarcane

and coffee. Dairy activity is carried out throughout the entire county. Due to the

reliability of the rainfall in the entire county, Nandi has a high potential to produce

various agricultural crops ranging from tree crops, horticultural crops, pyrethrum,

cereals, and fruit trees. Table 2 below shows mean monthly rainfall in mm up to

2010

Table 2 Ten Years (10) Mean Monthly Rainfall (in mm) up to 2010

Kapsabet (Station: Chebut Tea Factory)

200

1

2002 2003 2004 2005 2006 2007 2008 2009 2010

January 267 58.5 31 132.5 152.5 25 45 48 75.5 67

February 40 14.5 44 51 84 86 100 4 22.5 125

March 49 74.3 65.2 66.5 193 323.5 85 161 36 218

April 334 266.5 273 204.5 183 344 185 239 243 193

May 156 239.4 218.3 161.5 368 157 335 327 233 302

June 301 157.7 210.4 152.5 114 178 270 341 79 165.4

July 120 159.3 162.2 168 191.5 390 354 172 134.1 181

August 192 246.1 388.2 260.2 321.5 157 410 253 231 142

Septemb

er

177 41.7 178.3 174 110 191 328 322 129.2 211

October 278 87.5 81 142 107 142 173.5 174.5 135.7 202


37



Novembe

r

106 99.4 18.3 199.5 55 440 59 101 120 67

Decembe

r

0 123 46.9 45 0 210 32 5 234 128

Total 202

0

1567.

9

1717.

5

1777.

2

1883 2643.

5

2376.

5

2147.

5

1673 2001.

4

Source: Sub-County Agricultural Officer; Nandi Central Sub-County

Most parts of the County experience mean temperatures between 180C-220C during

the rainy season, but the part adjacent to the Nyando Escarpment at 1,300m above

sea level experience temperatures as high as 260C. During the dry months of

December and January the temperatures are as high as 230C and during the cold

spell of July and August the night temperatures are as low as 140C. The County in

general has a moderate to warm climate with no cold and hot extremes throughout

the year.

Table 3 Annual Mean Temperatures (0 C)


2001 200

2

2003 200

4

2005 2006 2007 2008 2009 2010

Min.

temp (◦c)

19.7 22.4 21.1 20.9 19.2 16.01 17.3 18.2 19.5 16.5

Max.

temp (◦c)

28.2 28.5 29.1 29.3 28.9 26.2 26.8 27.4 28 23.2

Source: Sub-County Agricultural Office; Nandi Central Sub-County


38


3.4.4 Ecological Conditions

The variation between the ecological zones within the county is insignificant.

Therefore, the altitude and rainfall are the main determinants of the agriculture

activity in any given zone of the county. The other determinants include the soils

and topography. The wind pattern is of no consequence in the County although

strong winds are experienced at the beginning of the long rains. These are known to

cause damage to crops or other economic activities. The effect of evapo-

transpiration is felt in the dry months of December and January.

Table 4 Climate in Various Agro-Ecological Zones of Nandi County

Agro-ecological

Second Zone

Rains(mm)

Altitud

e

Annual Mean

Temperaratu

re in oC

Annual

Average

Rainfall(m

m)

First

Rainfall(m

m)

Second

Rainfall(m

m)

UH1 Forest Reserve

LH1 Tea/Dairy zone

550-800

1900-

2400

18.0-15.0 1300-2100 630-850 550-800

LH-2

Maize/Wheat/pyrethr

um zone 500-700,750

1900-

1400

18.0-15.0 1300-1800 600-750 500-700

LH3

Wheat/Maize/Barley

zone 500-600,680

1900-

2300

20.5-15-5 1280-1650 500-680 500-600

UM1Coffee zone - - - -

UM4 1600-

2000

1200-1600 400-600 400-600 500-600

Source: Sub-County Agricultural Office; Nandi Central Sub-County

Much of the County consists of forest, derived grasslands, shrubs and scrubland. The

natural grassland consists of the Kikuyu grass species suitable for cattle grazing.


39


Forest area has gradually reduced from about 16 percent of the total county land

area to around 12 percent. The North and South Nandi Forest Reserves are at an

altitude below 1,900 meters above sea level, being a major contrast to North

Tinderet Forest Reserve which lies between 2,300 meters to 2,500 meters above sea

level.

The Nandi Forest is an extension of the tropical Kakamega forest characterized by

high rainfall and diverse species of trees. The forests are composed of mixed

indigenous hardwoods, besides 2,635.8 Ha of exotic plantations at Kimondi and

Serengonik forest stations. The total boundary length of forest in the county is about

363.8km up from 205.81km (1978).

The medium potential areas are covered by shrubs and bushes. These grasslands

cover mainly the Eastern plateau parts, and portions lying below the scarp on

Nyando plains at 1,300m.

Wood, bushes and savanna grassland are found in Songhor and extreme northern

areas. Some land contains swamps, rocks and hills.

3.4.5 Water Resources

The county receives high rainfall due to its high altitude. It has seven major rivers,

which are Anapingetuny, Kapchorwa, Kimondi, Yala, Makong, Kabutie and Clare.

There are also other permanent streams spread all over the County, but with a

concentration in central and southern divisions of Aldai, Tinderet, Nandi Hills,

Kilibwoni, Kaptuma and Kapsabet. The volume of waters in these rivers is enough

for the supply of water for use domestically, by livestock and in industries.

The project site will be served by a tributary seasonal river which cuts through the

site on the Eastern side to join Anapingetuny River. On the Western site of the site

Kipsiwa river acts as the boundary of the site. The two river join to form river


40


Nyando. To get the baseline condition of the water resource around the project site

a sample was taken at the confluence of the River Anapi Ngetuny and Kipsiwa for

full chemical analysis on 18th December, 2015.

Figure 11 below shows the results of the water sample taken from the downstream

of the project (-0.02875, 35.17425). The results indicate colored turbid water with

high iron content. Other parameters were found to be within the required KEBs and

NEMA limits. These findings will be used in future while monitoring the water

resources for impacts analysis.

Figure 11: Water Analysis Results


41


Plate 5: Confluence of River Kipsiwa and Ainangetuny where the sample was

taken

3.5 Economic Activities

The main food crops produced in the region are maize, beans, cow peas, potatoes

and cabbages which cover a total of 125, 756 Ha. The main cash crops are tea, coffee

and sugar cane. The cash crop covers a total of 26290Ha. Illegal charcoal burning

and firewood sale is also practiced within the project area. There are traces of coffee

plants on the south west location of the mapped area. The area is also characterized

by thick bush covering the coffee plants. The coffee is inside parcel 20.


42


Plate 6: Sugar cane the main cash crop for local communities

Plate 7: A tractor felling Sugarcane to the weighbridge


43


Plate 8: Firewood parked for charcoal burning within the project site

3.6 Infrastructure and Access

3.6.1 Road, Rail Network, Ports and Airports, Airstrips and Jetties

The entire Nandi County does not have any rail network, port, airport, airstrip and

jetties. However, the county relies on the neighbouring counties like Uasin Gishu,

Kisumu and Kakamega for air and rail transport where each of these facilities is

accessible through the main road network connecting the counties. The use of post

office services in Nandi County has been dwindling. This was occasioned by an

increase of privately owned courier services and internet/mobile connectivity. The

main courier service providers in the county are G4S, Easy Coach, Akamba Road

Services and Classic Shuttles.

Basically the entire county is sufficiently covered by mobile network. The landline

services are fairly distributed but mostly restricted to offices. The reason for this is


44


attributed to the huge coverage and convenience brought about by the onset of

mobile telephony.

3.6.2 Power Wayleave

On site there is a High tension Overhead powerline cutting through the eastern portion of parcel 20.

3.6.3 Road Reserve

The 36m wide Awasi – Kapsabet highway reserve divides the farm into two portions.

3.6.4 Fiber Optic Cable

On the eastern side of the highway reserve, there lies an underground fiber optic cable line laid by the Ministry of Information, Communication and Technology.


45


4 RELEVANT POLICY, LEGISLATIVE AND REGULATORY FRAMEWORK

4.1 Introduction

Laws governing environmental protection and conservation in Kenya are derived

from the constitutional statutes and the ratified international conventions. These

laws regulate the establishment and operation of development projects such as the

proposed solar power farm project, banking halls, restaurants, shopping complexes

and associated activities, which may impact negatively on the environment, human

health and socio-economic well-being of the people who interact with such projects.

Kenya is today faced with grave environmental problems and challenges. Among

these are land degradation, loss of biodiversity and pollution of the environment

(air, soil and water). The situation is aggravated by lack of awareness and

inadequate information in the public domain on the consequences of their actions

on the environment. There is also limited involvement of the local communities in

the participatory planning and management of their environment and natural

resources and the environment in general. The Government of Kenya has put in

place a wide range of legislative arrangements to address the causes of

environmental degradation in the country.

Until the enactment of the Environmental Management and Coordination Act

(EMCA) 1999, Kenya did not have a consolidated legislation for the protection and

management of the environment. It had about 77 statutes that touched on various

aspects of environmental management. Some of the legislative instruments have

been in place for many years and are duplicated in other legislations. Environmental

protection and sustainable use of natural resources have also been stated in all

development plans since independence. The sessional papers and presidential

directives have also emphasized the need to conserve the environment and manage


46


the natural resources sustainably. Lack of consolidated legislation offered

inadequate protection for the environment due to the absence of legal and

institutional framework. Today, the National Environmental Management Authority

(NEMA) coordinates all environmental activities in Kenya.

4.2 Environmental Management and Coordination Act 1999

Environmental impact assessment is a tool for environmental conservation and has

been identified as a key component in new project implementation. According to

section 58 of the Environmental Management and Coordination Act (EMCA) No. 8 of

1999, second schedule 9 (I), and Environmental (Impact Assessment and Audit )

Regulation, 2003, both new and old projects must undergo Environmental Impact

assessment and Audits. The report of the same must be submitted to National

Environmental Management Authority (NEMA) for approval and issuance of the

relevant certificates. This was necessary as many forms of developmental activities

cause damage to the environment and hence the greatest challenge today is to

maintain sustainable development without interfering with the environment. Since

this is a new project, Kopere Solar Park has the responsibility to ensure that the

proposed activity as well as the EIA process conforms to the principles of EMCA as

well as other environmental regulations and standards.

4.2.1 Environmental Management and Coordination (Environmental Impact

Assessment and Audit) Regulations, 2003

Environmental Impact Assessment (EIA) is a critical examination of the effects of a

project on the environment. The goal of an EIA is to ensure that decisions on

proposed projects and activities are environmentally sustainable. An EIA is

conducted in order to identify impacts of a project on the environment, predict

likely changes on the environment as a result of the development, evaluate the


47


impacts of the various alternatives on the project and propose mitigation measures

for the significant negative impacts of the project on the environment.

The EMCA, 1999 requires that during the EIA process a proponent shall in

consultation with the Authority seek views of persons who may be affected by the

project or activity through posters, newspaper, radio and hold at least three public

meetings with the affected parties and communities. The Project proponent pays for

the entire EIA process. The fee payable to NEMA is 0.1% of the project cost.

Environmental Audit (EA) is the systematic documentation, periodic and objective

evaluation of activities and processes of an ongoing project. The goal of EA is to

establish if proponents are complying with environmental requirements and

enforcing legislation. The purpose of EA is to determine the extent to which the

activities and programs conform to the approved environmental management plan.

A comprehensive EA ensures a safe and healthy environment at all stages of project

operations and decommissioning.

An initial environmental audit and a control audit are conducted by a qualified and

authorized environmental auditor or environmental inspector who is an expert or a

firm of experts registered by the Authority. In the case of an ongoing project the

Authority requires the proponent to undertake an initial environmental audit study

to provide baseline information upon which subsequent environmental audits shall

be based.

Self-Audits are carried out after the environmental impact assessment study report

has been approved by the Authority or after the initial audit of an ongoing project.

The proponent shall take all practical measure to ensure the implementation of the

environmental management plan by carrying out a self-auditing study on a regular

basis.


48


This Report complies with the requirements of the Environmental Regulations in the

coverage of environmental issues, project details, impacts, legislation, mitigation

measures, management plans and procedures. The Proponent shall be required to

commit to implementing the environmental management plan laid out in this report

and any other conditions laid out by NEMA.

4.2.2 Environmental Management and Coordination (Water Quality

Regulations)

Water Quality Regulations apply to water used for domestic, industrial, agricultural,

and recreational purposes; water used for fisheries and wildlife purposes, and water

used for any other purposes. Different standards apply to different modes of usage.

These regulations provide for the protection of lakes, rivers, streams, springs, wells

and other water sources. The objective of the regulations is to protect human health

and the environment. The effective enforcement of the water quality regulations will

lead to a marked reduction of water-borne diseases and hence a reduction in the

health budget.

The regulations also provide guidelines and standards for the discharge of poisons,

toxins, noxious, radioactive waste or other pollutants into the aquatic environment

in line with the Third Schedule of the regulations. The regulations have standards

for discharge of effluent into the sewer and aquatic environment. While it is the

responsibility of the sewerage service providers to regulate discharges into sewer

lines based on the given specifications, NEMA regulates discharge of all effluent into

the aquatic environment. The regulations provide for the creation of a buffer zone

for irrigation schemes of at least fifty (50) metres in width between the irrigation

scheme and the natural water body. Standards for irrigation water are given in

schedule nine of the regulations.


49


Everyone is required to refrain from any actions, which directly or indirectly cause

water pollution, whether or not the water resource was polluted before the

enactment of the Environmental Management and Coordination Act (EMCA)

Gazetted in 1999. It is an offence to contravene the provisions of these regulations

with a fine not exceeding five hundred thousand shillings.

4.2.3 Environmental Management and Coordination (Waste Management

Regulations)

The Minister for Environment and Natural Resources gazetted these regulations in

2006. These Regulations may be cited as the Environmental Management and Co-

ordination (Waste Management) Regulations, 2006. Waste Management Regulations

are meant to streamline the handling, transportation and disposal of various types

of waste. The aim of the Waste Management Regulations is to protect human health

and the environment. Currently, different types of waste are dumped haphazardly

posing serious environmental and health concerns. The regulations place emphasis

on waste minimization, cleaner production and segregation of waste at source.

The Proponent shall observe the guidelines as set out in the environmental

management plan laid out in this report as well as the recommendation provided for

mitigation /minimization /avoidance of adverse impacts arising from the Project

activities.

4.2.4 Environmental Management and Coordination Controlled Substances

Regulations, 2007 (Legal Notice No.73 of 2007)

The Controlled Substances Regulations defines controlled substances and provides

guidance on how to handle them. This regulation mandates NEMA to monitor the

activities of persons handling controlled substances, in consultation with relevant

line ministries and departments, to ensure compliance with the set requirements.


50


Under these regulations, NEMA will be publishing a list of controlled substances and

the quantities of all controlled substances imported or exported within a particular.

The list will also indicate all persons holding licenses to import or export controlled

substances, with their annual permitted allocations.

The regulations stipulate that controlled substances must be clearly labeled with

among other words, “Controlled Substance-Not ozone friendly’’) to indicate that the

substance or product is harmful to the ozone layer. Advertisement of such

substances must carry the words, “Warning: Contains chemical materials or

substances that deplete or have the potential to deplete the ozone layer.”

Producers and/or importers of controlled substances are required to include a

material safety data sheet. Persons are prohibited from storing, distributing,

transporting or otherwise handling a controlled substance unless the controlled

substance is accompanied by a material safety data sheet. Manufacturers, exporters

or importers of controlled substances must be licensed by NEMA. Further, any

person wishing to dispose of a controlled substance must be authorized by NEMA.

The licensee should ensure that the controlled substance is disposed of in an

environmentally sound manner. These regulations also apply to any person

transporting such controlled substances through Kenya. Such a person is required

to obtain a Prior Informed Consent (PIC) permit from NEMA.

4.2.5 Environmental Management and Coordination (Conservation of

Biodiversity regulations 2006)

Kenya has a large diversity of ecological zones and habitats including lowland and

mountain forests, wooded and open grasslands, semi-arid scrubland, dry

woodlands, and inland aquatic, and coastal and marine ecosystems. In addition, a

total of 467 lake and wetland habitats are estimated to cover 2.5% of the territory.


51


In order to preserve the country’s wildlife, about 8% of Kenya’s land area is

currently under protection.

The country has established numerous goals, as well as general and specific

objectives that relate to these issues, among others: environmental policies and

legislations; involvement of communities; documentation of national biological

resources; sustainable management and conservation of biodiversity; fair and

equitable sharing of benefits; technical and scientific cooperation; biodiversity

assessment; dissemination of information; institutional and community capacity

building; and integration of biodiversity concerns into development planning

The Proponent has commissioned this environmental assessment study and seeks to

obtain an EIA License from the Authority (NEMA) in compliance with the Act; the

environmental management plan included in this report provides guidelines for the

mitigation of potentially adverse impacts on natural resources.

4.2.6 Environmental Management and Coordination (Noise and Excessive

Vibration Pollution Control) Regulations, 2009

These Regulations determine that no person or activity shall make or cause to be

made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs,

injures or endangers the comfort, repose, health or safety of others and the

environment. In determining whether noise is loud, unreasonable, unnecessary or

unusual, the following factors may be considered:

Time of the day;

Proximity to residential area;

Whether the noise is recurrent, intermittent or constant;

The level and intensity of the noise;

Whether the noise has been enhanced in level or range by any type of

electronic or mechanical means; and,


52


Whether the noise is subject to be controlled without unreasonable effort or

expense to the person making the noise.

These regulations also relate noise to its vibrational effects and seek to ensure no

harmful vibrations are caused by controlling the level of noise. Any person(s)

intending to undertake activities in which noise suspected to be injurious or

endangers the comfort, repose, health or safety of others and the environment must

make an application to NEMA and acquire a license subject to payment of requisite

fees and meeting the license conditions. Failure to comply with these regulations

attracts a fine of KES 350,000 or 18 months jail term or both.

The Proponent shall observe policy and regulatory requirements and implement the

measures proposed in this documenting an effort to comply with the provisions of the

Regulations.

4.2.6 Air Quality Regulations, 2008

This regulation is referred to as “The Environmental Management and Coordination

(Air Quality) Regulations, 2008”. The objective is to provide for prevention, control

and abatement of air pollution to ensure clean and healthy ambient air. It provides

for the establishment of emission standards for various sources, including as mobile

sources (e.g. motor vehicles) and stationary sources (e.g. industries) as outlined in

the Environmental Management and Coordination Act, 1999. It also covers any

other air pollution source as may be determined by the Minister in consultation with

the Authority. Emission limits for various areas and facilities have been set. The

regulations provide the procedure for designating controlled areas, and the

objectives of air quality management plans for these areas. The following operations

(provided they are not used for disposal of refuse), are exempt from these

regulations:

Back-burning to control or suppress wildfires;


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Firefighting rehearsals or drills conducted by the Fire Service Agencies

Traditional and cultural burning of savanna grasslands;

Burning for purposes of public health protection;

The Proponent shall observe policy and regulatory requirements and implement the

mitigation measures proposed in this document in an effort to comply with the

provisions of these Regulations on abatement of air pollution.

4.2.8 The energy (solar photovoltaic systems) regulations, 2012

These regulations applies to a solar PV system manufacturer, importer, vendor,

technician, contractor, system owner, a solar PV system installation and consumer

devices and also where alternate current electricity is involved the Electric Power

(Electrical Installation Work), Rules, 2006, shall apply.

The Regulations states that “A person shall not design or install any solar PV system

unless he is licensed by the Commission”. It continues to state that to be licensed by

the Commission as a technician; a person shall be required to have the prescribed

qualifications and experience as set out in the First Schedule, and appropriate

certification recognized by the Commission. The regulations also require a person

not to engage in the business of manufacture of any solar PV system and

components unless he applies for and obtains a license from the Commission.

Where the Commission finds that any provisions of these Regulations have been

contravened by a manufacturer, importer, vendor, technician or contractor, or that a

condition has arisen which may lead to the contravention of these Regulations, the

Commission or its agent may issue a non-compliance notice in that respect.


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4.3 The Sessional paper No.4 on Energy

The Sessional paper No.4 on Energy of Kenya’s vision is to promote equitable access

to quality energy services at the least cost while protecting the environment and

thus it does recognize the importance of harnessing and utilizing solar energy.

Additionally, the Sessional Paper states that, The Government recognizes the great

potential of this source of energy and will encourage the development and

utilization of appropriate technologies in attaining its vision.

4.4 The Kenya Vision 2030

The development blueprint recognizes Kenya’s electrification as a prerequisite in

attaining the different projects for the national development.

Moreover, Environment’s cleanliness and security is ensured via protection and

conservation and conservation of sensitive areas such wetlands and wildlife

corridors and migratory routes which can be done by conducting project’s

Environmental and Social Impact Assessments and developing of comprehensive

mapping of land use patterns in Kenya.

4.5 The Kenya National Climate Change Response Strategy

The purpose of this strategy is to put in place robust measures needed to address

most of the challenges posed by climate variability and change through thorough

impact assessments and monitoring of various projects. In the Energy sector,

priority research areas include energy efficient innovations and technologies, and

both low-carbon appliances and tools; the development of eco-friendly energy

resources such as wind, solar, biogas, small hydros, etc; as well as research on the

sustainability of biofuels especially Life Cycle Assessment (LCA) of biodiesel.


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4.6 Energy Act, 2006

The Energy Act 2006 became law on 2nd January 2007. The Act establishes an

energy commission, which is expected to become the main policy maker and

enforcer in the energy sector. This commission among other things shall be

responsible for:

Issuing all the different licenses in the energy sector

Prescribing the licensing processes

Setting and enforcing energy policies

Collecting and disseminating energy data

Public education and enforcing energy conservation

With this Act, all the different aspects of energy e.g. solar, electricity, petroleum and

renewable energy are brought under one ambit unlike as was the case before. In this

Act, it is the duty of the Minister in charge of energy to promote the development

and use of renewable energy technologies including but not limited to biomass,

biodiesel, bio-ethanol, charcoal, fuelwood, solar, wind, tidal waves, hydropower,

biogas and Municipal Waste

4.7 The Agriculture, fisheries and food authority Act, 2013

Legislative control over soil conversation and land development aremainly

controlled within this Act. The Cabinet Secretary, on the advice of the Authority, and

in consultation with the National Land Commission for the purposes of the

conservation of the soil, or the prevention of the adverse effects of soil erosion on,

any land, may, prescribe national guidelines for any or all of the following matters--

a) prohibiting, regulating or controlling the undertaking of any agricultural

activity including the firing, clearing or destruction of vegetation when such

prohibiting, regulating or controlling is deemed by the Cabinet Secretary to

be necessary for the protection of land against degradation, the protection of


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water catchment areas or otherwise, for the preservation of the soil and its

fertility;

b) requiring, regulating or controlling--

i. the afforestation or re-afforestation of land;

ii. the drainage of land, including the construction, maintenance or

repair of drains, gullies, contour banks, terraces and diversion ditches;

iii. Salination, acidification and saltification of soil;

c) requiring the uprooting or destruction, without payment of any

compensation, of any vegetation which has been planted in contravention of

a land preservation order;

i. requiring the supervision of unoccupied land;

ii. prohibiting, restricting or controlling the use of land for any

agricultural purpose excluding livestock

4.8 Generation, Transmission, Distribution Act

The Act prescribes the manner with which licenses shall be obtained for generating,

transmitting and distributing electricity. It clearly exempts private users from these

licensing requirements for any power less than 1MW generated at the user's

premises.

However, a license is required if:

Generating is more than 1MW or

The power requires a transmission system from the generation site to the

consumption site or

The power will be distributed to others (members of the public)

The specific requirements e.g. how much to pay for a license shall be determined by

the energy commission. There is an unclear clause exempting power up to 3MW

from some licensing issues, but this seems to be excluded by the specific exemptions

that use the 1MW figure. Section 41(A) makes provisions for treating several


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licenses belonging to the same licensee as one (e.g. if you have several solar energy

sites and you wish to compile one amalgamated annual report). The act requires

electrical installations to be done by a registered electrician. The Act also requires

that all accidents and fatalities at energy facilities be reported officially to the

commission.

4.9 Rural Electrification Authority Act

The Act in section 67 establishes a rural electrification authority. Among other tasks,

this authority is mandated to:

Facilitate the access to electricity in rural areas

Promote the development of renewable energy (including solar, wind

and micro hydro)

Levy a fee on all electricity sold for the rural electrification fund

Nothing in the act prevents the authority from using funds collected

under the rural electrification fund for financing renewable energy - it

is not a special fund just for grid electricity.

4.10 The Standards Act Cap 496

The Act is meant to promote the standardization of the specification of commodities,

and to provide for the standardization of commodities and codes of practice; to

establish a Kenya Bureau of Standards, to define its functions and provide for its

management and control. Code of practice is interpreted in the Act as a set of rules

relating to the methods to be applied or the procedure to be adopted in connection

with the construction, installation, testing, sampling, operation or use of any article,

apparatus, instrument, device or process.


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The Act contains various specifications touching on electrical products. The Proponent

shall ensure that commodities and codes of practice utilized in the project adhere to

the provisions of this Act.

4.11 The Occupational Safety and Health Act, 2007

This Act applies to all workplaces where any person is at work, whether temporarily

or permanently. The purpose of this Act is to secure the safety, health and welfare of

persons at work, and protect persons other than persons at work against risks to

safety and health arising out of, or in connection with, the activities of persons at

work. Some of the areas addressed here are machinery safety, chemical safety and

health, safety and welfare special provisions are also provided in the ILO

conventions on safety and health in construction recommendation, 1988 R175.

Failure to comply with the OSHA, 2007 attracts penalties of up to KES 300,000 or 3

months jail term or both or penalties of KES 1,000,000 or 12 months jail term or

both for cases where death occurs and is in consequence of the employer.

The report advices the Proponent on safety and health aspects, potential impacts,

personnel responsible for implementation and monitoring, frequency of monitoring,

and estimated cost, as a basic guideline for the management of Health and Safety

issues in the proposed project.

4.12 Public Health Act 1986 Revision

The public Health Act regulates activities detrimental to human Health. An

environmental nuisance is one that causes danger, discomfort or annoyance to the

local inhabitants or which is hazardous to human health. Although the Act is

primarily concerned with domestic water supplies and sources of water used for

human consumption, its regime may be extended to cover rivers, streams, lakes and


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underground water resources since these are the basic water sources for the

majority of Kenya’s population.

It also outlines the standards of construction of various facilities of any place. In

terms of air pollution thermal plants are said to emit a variety of gases, volatile

organic compounds and particulate matter depending on the amount and type of

fuel used and method used for burning. It is therefore necessary to monitor the air

pollution. The Act prohibits activities (nuisances) that may be injurious to health.

The primary purpose of the Act is to secure and maintain public health. It defines

nuisances on land and premises and empowers public health authorities to deal

with such conditions.

Part IX, section 115, of the Act states that no person/institution shall cause nuisance

or condition liable to be injuries or dangerous to human health. Section 116 requires

that Local Authorities take all lawful, necessary and reasonably practicable

measures to maintain their jurisdiction clean and sanitary to prevent occurrence of

nuisance or condition liable to be injuries or dangerous to human health.

On responsibility of the Local Authorities Part XI, section 129, of the Act states in

part “It shall be the duty of every local authority to take all lawful, necessary and

reasonably practicable measures for preventing any pollution dangerous to health

of any supply of water which the public within its district has a right to use and does

use for drinking or domestic purposes. Section 130 provides for making and

imposing regulations by the local authorities and others the duty of enforcing rules

in respect of prohibiting use of water supply or erection of structures draining filth

or noxious matter into water supply as mentioned in section 129. This provision is

supplemented by section 126A that requires local authorities to develop by laws for

controlling and regulating among others private sewers, communication between

drains, power lines, and sewers as well as regulating sanitary conveniences in

connection to buildings, drainage, cesspools, etc. for reception or disposal of foul


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matter. Part XII, Section 136, states that all collections of water, sewage, rubbish,

refuse and other fluids which permits or facilitates the breeding or multiplication of

pests shall be deemed nuisances and are liable to be dealt with in the matter

provided by this Act.

The Proponent shall observe policy and regulatory requirements and implement

measures to safeguard public health and safety.

4.13 Public Roads and Roads of Access Act (Cap. 399)

Sections 8 and 9 of the Act provides for the dedication, conversion or alignment of

public travel lines including construction of access roads adjacent lands from the

nearest part of a public road. Section 10 and 11 allows for notices to be served on

the adjacent land owners seeking permission to construct the respective roads.

During the construction phase of the project, access to the site areas will be required

for the construction vehicles. Where existing roads do not exist, the Proponent shall

seek permission from the appropriate authorities to create such access during the

construction phase.

4.14 Water Act, 2002

The water Act, 2002 provides the legal framework for the management,

conservation, use and control of water resources and for the acquisition and

regulation of right to use water in Kenya. It also provides for the regulation and

management of water supply and sewerage services. In general, the Act gives

provisions regarding ownership of water, institutional framework, national water

resources, management strategy, and requirement for permits, state schemes and

community projects. Part IV of the Act addresses the issues of water supply and


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sewerage. Specifically, section 59 (4) of the Act states that the national water

services strategy shall contain details of:

Existing water services

The number and location of persons who are not being provided with basic

water supply and basic sewerage

Plans for the extension of water services to underserved areas

The time frame for the plan; and

An investment programme

The project shall have no adverse impact on the local water supply during operations

as there are no requirements for the installation of water supply and sanitation

facilities on-site. Observation of the requirements of the Act shall be observed by the

Proponent especially during the construction phase.

4.15 The Land Act of 2012

The Land Act of 2012 subsection (1) states that ‘any land may be converted from

one category to another in accordance with the provisions of this Act or any other

written law.’ it continues to state in subsection (2) that Without prejudice to the

generality of subsection (1)

a) Public land may be converted to private land by alienation

b) Subject to public needs or in the interest of defense, public safety, public

order, public morality, public health, or land use planning, public land may be

converted to community land

c) private land may be converted to public land by

i. Compulsory acquisition;

ii. Reversion of leasehold interest to Government after the expiry of a

lease; and

iii. Transfers; or

iv. Surrender.


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(d) Community land may be converted to either private or public land in

accordance with the law relating to community land enacted pursuant to Article

63(5) of the Constitution.

It is important to note that any substantial transaction involving the conversion of

public land to private land shall require approval by the National Assembly or

County Assembly

as the case may be.

Part I of the same Act states that title to land may be acquired through—

a. allocation;

b. land adjudication process;

c. compulsory acquisition;

d. prescription;

e. settlement programs;

f. transmissions;

g. transfers;

h. long term leases exceeding twenty-one years created out of private

land; or

(i) any other manner prescribed in an Act of Parliament.

4.16 Physical Planning Act (Cap 286)

An Act of Parliament to provide for the preparation and implementation of physical

development plans and for connected purposes enacted by the Parliament of Kenya.

Under this Act, no person shall carry out development within the area of a local

authority without a development permission granted by the local authority under

section 33. The local authority concerned shall require the developer to restore the

land on which such development has taken place to its original condition within a

period of not more than ninety days. If on the expiry of the ninety days’ notice given

to the developer such restoration has not been effected the concerned local


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authority shall restore the site to its original condition and recover the cost incurred

thereto from the developer.

The Proponent shall secure all mandatory approvals and permits as required by the

law.

4.16 Employment Act No 11 of 2007

The Act is enacted to consolidate the law relating to trade unions and trade disputes,

to provide for the registration, regulation, management and democratization of

trade unions and employers organizations and federations. Its purpose is to

promote sound labour relations through freedom of association, the encouragement

of effective collective bargaining and promotion of orderly and expeditious dispute

for the protection and promotion of settlement conducive to social justice and

economic development for connected purposes. This Act is important since it

provides for employer – employee relationship that is important for the activities

that would promote management of the environment within the energy sector.

4.17 Labour Institutions Act No. 12 of 2007

The purpose of the Act is to establish labour institutions and to provide for their

function, powers and duties. The Act provides for the establishment of National

Labour Board, which provides advice to the Minister on all matters concerning

employment and labour.

4.18 Building Code 1997

The Local Government By-Laws include Building By-Laws that give the

Municipalities or County Councils powers to approve building plans. Such plans are

expected to provide for public buildings and factories among others. The By-Laws


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covers factory chimney shafts, stairs, lifts, rainwater disposal, refuse disposal,

ventilation of buildings, drainage, sanitary conveniences, sewers, septic and

conservancy tanks, fire and means of escape in case of fire. Compliance with this Act

in up scaling of power supply is necessary. Section 194 requires that where sewer

exists, the occupants of the nearby premises shall apply to the local authority for a

permit to connect to the sewer line and all the wastewater must be discharged into

sewers. The code also prohibits construction of structures or buildings on sewer

lines and under power lines.

4.19 Traffic Act Cap 403

This Act specifies that motor vehicles use proper fuel. The Traffic regulations

promulgated under the Act specifies that every vehicle is required to be so

constructed, maintained and used so as not to emit any smoke or visible vapour.

4.20 Penal Code Cap 63

Section 191 of the penal code states that if any person or institution that voluntarily

corrupts or foils water from public springs or reservoirs, rendering it less fit for its

ordinary use is guilty of an offence. Section 192 of the same Act says a person who

makes or vitiates the atmosphere in any place to make it noxious to health of

persons /institution, dwelling or business premises in the neighbourhood or those

passing along public way, commit an offence.

The Proponent shall observe the guidelines as set out in the environmental

management and monitoring plan laid out in this report as well as the

recommendation provided for mitigation/ minimization/ avoidance of adverse

impacts arising from the project activities.


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4.21 Relevant International Conventions and Treaties

Kenya is signatory to several international conventions and treaties that would need

to be adhered to in implementing this project and are geared towards

environmental protection and conservation. Some of these include;

a) ILO Conventions ratified by Government of Kenya- Kenya have ratified 43

ILO conventions and those that are relevant to this study includes

Safety and Health in Construction Recommendation, 1988

Recruiting of Indigenous Workers Convention, 1936 (No.50)

Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64)

Minimum Age Convention, 1973 (No. 138) Minimum age specified: 16 years

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)

b) Convention on Wetlands or the Ramsar Convention

c) Convention on Biodiversity (CBD)

d) The Convention on International Trade in Endangered Species (CITES)

e) Convention on the Conservation of Migratory Species

f) United Nations Framework Convention on Climate Change(UNFCCC)

g) United Nations Convention to Combat Desertification(UNCCD)

h) Important Bird Areas

i) The World Heritage Convention

j) UNESCOs Man and Biosphere

k) New Partnership for Africa Development (NEPAD)

l) East African Community

The Ministry of Foreign Affairs deals with international treaties at the primary

stages of negotiation. The ministry offers advisory guide to the government on the

need to ratify such a treaty if considered to be of national interest. Implementation

portfolio then moves to the line ministry, relevant departments and co-operating

agencies.


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5 PUBLIC PARTICIPATION

5.1 Introduction

The Consultation and Public Participation Process is a policy requirement by the

Government of Kenya and a mandatory procedure as stipulated by EMCA 1999

section 58, on ESIA for the purpose of achieving the fundamental principles of

sustainable development. This chapter describes the process of the public

consultation and public participation followed to identify the key issues and impacts

of the proposed project. Views from the local residents, local leaders, surrounding

institutions and development partners for the proposed construction of the 40MW

Kopere solar power farm project who in one way or another would be affected or

have interest in the proposed project, were sought through interviews and public

meetings as stipulated in the Environment Management and Coordination Act, 1999.

5.2 Objectives of the consultation and public participation

The objective of the consultation and public participation was to:

1) Disseminate and inform the public and stakeholders about the project

with Special reference to its key components and location

2) Create awareness among the public on the need for the EISA for the

proposed project

3) Gather comments, suggestions and concerns of the interested and

affected parties

4) Incorporate the information collected in the EIA study

In addition, the process enabled the establishment of a communication channel

between the general public and the team of consultants, the project proponents and

the Government; and the concerns of the stakeholders to be known to the decision

making bodies at an early phase of project development.


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5.3 Methodology used in the CPP

The environmental and social assessment public participation exercise was

conducted in December 2015 by a team of experienced registered environmental

experts in three ways, namely, (i) Focus group and Key informant interviews and

discussion, (ii) Field surveys and observations and (iii) Public meeting.

In general, the following steps were followed in carrying out the entire CPP

process:-

Identification of institutions and individuals interested in the

process and compiling a database of the interested and affected

parties

Administration of questionnaires to different target groups and

local community members along the proposed project site.

Public meetings with different target groups

The ESIA exercise was conducted on the November 2015 to March 2016. The

exercise was conducted by a team of experienced registered environmental experts

who visited the site and interviewed main stakeholders and the local administrators

as well as the community. The engineers and other project consultants were

interviewed who gave insights about the project and its likely impacts. The purpose

for such interviews was to identify the positive and negative impacts and

subsequently promote proposals on the best practices to be adopted and mitigate

the negative impacts respectively. It also helped in identifying any other

miscellaneous issues which may bring conflicts in case project implementation

proceeds as planned.

5.4 Key informant interviews

About 36 people residing and those owning business properties within the

proposed solar park project were interviewed (See Appendix for the public


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participation questionnaire). The exercise was conducted by experienced experts

via interviews and discussions under the guidance of questionnaires developed to

capture the concerns, comments and issues comprehensively. The completion of

such questionnaires subsequently allowed for the synthesis and analysis of issues

that arose which provided basis upon which the environmental, economic and social

aspects of the ESIA was undertaken. The purpose for such interviews was to identify

the positive and negative impacts and subsequently promote proposals on the best

practices to be adopted and mitigate the negative impacts respectively. It also

helped in identifying any other miscellaneous issues which may bring conflicts in

case project implementation proceeds as planned.

Table 5 Participants Interviewed in the Public Participation

S/N NAME CONTACTS DESIGNATION RESIDENCE

1 William Rotich 0715325039 Farmer Kiptegat

2 Silas Kipkoech Kogo 0718182496 Motorbike rider Tounet

3 Peter Sakala Mise 0715975570 Farmer Mberere

4 Emmanuel Agonda Muyaru 0717506608 College Student Mberere

5 David Limo 0708232467 Farmer Kiptegat

6 Mary Adhiambo 0726513185 Business woman Mberere

7 Triza Apiyo 0724841285 Social worker Mberere

8 Alex Muduria 0718335934 Farmer Sitet

9 Peter Otieno Owidi 0716641905 Motorist Mberere

10 Jackson Masake 0712062567 Driver Mberere

11 Nicodemus Omondi 0713625217 Focal Area Development Committee Member

Kopere

12 Osmo O. Ochele 0714040776 Teacher Kopere

13 James Omolo 0714225928 Farmer Owilo

14 Lang’at Richard 0708396961 West weighbridge

staff

Mberere


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15 Jacob Okumu 0708491307 Farmer Kopere

16 Daniel Odhiambo 0728461376 Carpenter Mberere

17 Kipsutko Koech 0723386677 Farmer Kimwani

18 Yona Nunda 0713625217 Farmer Kopere

19 Joseph Arusei 0728957715 Farmer Kamelilo

20 Immanuel Korir 0726701113 Security Mberere

21 Walter o. Okumu 0728159844 Electrician Kopere

22 Samuel Kipkering Misik 0724879724 Business man Taunet

23 Abraham Koech 0715175503 Farmer Songhor

location

24 Rev. Henry Otieno 0702990342 Reverent Kopere

25 Dalmas Ogada Juma 0726279036 Farmer Kopere

26 Joseph Otieno Abondo 0710686252 Driver Kopere

27 Francis Odhiambo Onyuro 0706325380 Farmer Kopere

28 Kogo Kiplagat Adams 0727745808 Social worker Mberere

29 David Kai 0728057435 Youth Rep. Kopere

30 Kenneth Onywero 0712299655 Omamo Farm

manager

Mberere

31 Hillary Musavi 0729739622 Casual worker Mberere

32 Wycliffe Onyango 0726513185 Casual worker Mberere

33 Gabriel W. Mwangi - Casual worker Mberere

34 John Okumu 0701453134 Casual worker Mberere

35 David Otieno Odwour 0723926238 Farmer Mberere

36 Richard Yego 0728407721 Farmer Kimwani

5.5 Stakeholders Public Meetings

Consultative public meeting was held during the field exercise on 18th December

2015 to consolidate the issues affecting the project as well as capturing issues raised

by the project affected persons. The local residents, Chiefs, Village elders, and other

local administrative leaders were in attendance during the meeting (See Appendix


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for a sample public notice). Various issues were captured and addressed during the

meeting as it is reflected in the minutes attached in the report. See Appendix for the

minutes and attendance lists of public meeting respectively.

Plate 9: Public consultative meeting in progress at Mberere grounds


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Plate10: Public meeting residents supporting the project to be implemented

5.6 ISSUES EMERGED FROM THE CONSULTATIONS

The Construction of the 40MW Solar Power Project was received with mixed

reactions by the community as they anticipated numerous impacts both negative

and positive alike. The local community members and major stakeholders

independently gave their views, opinions, and suggestions as in the best of their

interest and in the interest of the factors that affected the circumstances, influences,

and conditions under which their organizations exist in.


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5.6.1 Positive impacts

5.6.1.1 Employment to local youths and the community

Youths were quick to ask whether they will be employed as both skilled and

unskilled workers during construction and operational stages. They were informed

that throughout the construction phase local youths (150-200) will benefit as

manual laborers who will be later a few to be trained and absorbed as technical

personnel. It was further clarified that the employment will include youths from

both Nandi and Kisumu Counties since the project is near the Kisumu County

boundary. Direct and indirect employment opportunities were said to definitely

arise as soon as construction begins. The local youths will be employed as casual

labourers during Construction period to earn a living thus improving living

standards. The food vendors (especially women) and transporters are likely to

benefit from the construction workers thus creating indirect employment

opportunities.

5.4.1.2 Business opportunities

The residents indicated that during the construction and operation, the project

would provide more business opportunities to the community at the centers near

the project site thereby improving livelihoods.

5.4.1.3 Expansion of local market centers

The residents were optimistic that the local centres will expand in order to accommodate

the workers who will be working in the project. This in turn will lead to infrastructure

development especially housing within the area


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Plate 11: Some housing developments near the project site that is likely to

grow into a market center

5.4.1.4 Benefits to local institutions

The community wanted the assurance that the proposed development will prioritize

on benefiting the neighboring schools, dispensaries, hospitals, camps and other

infrastructure. The EIA specialist inculcated to them that the output energy will be

connected to the national grid, after which they will be able to buy it from KPLC Ltd.

Nevertheless, he said, in case the law is enacted to promote micro-grid productions;

they would be advantaged, by accessing the resource from a local sub-station

directly, which might reduce the cost as compared with that charged by KPLC Ltd.

The proponent will also consider undertaking some community CSR projects during


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the project cycle period, e.g. donating and installation of solar panels in some public

places.

5.4.1.5 Cost of power generated

The participants raised an issue on the cost of the solar power in relation to KPLC

rates. It was clarified that solar energy will be cheaper since it’s harnessed from a

natural renewable resource as opposed to hydro or geothermal sources that require

a lot of investment.

5.4.1.6 Investment opportunities

Some local farmers/local investors were curious on ownership logistics and

enquired if shares could be sold to them to raise their status and make a co-

management of the solar farm. The consultant gave them hope that the plant is a

private ownership but insisted that he was not the right person to answer such

question since he was just carrying out an Environmental and Social Impact

Assessment; but promised to disseminate the message to the owners of the project

for consideration.

5.4. 1.7 Project sustainability

Some local leaders wanted to know the span of validity of the land leased to the

owner of the farm to ensure project sustainability. It was explained that the lease is

on a long-term basis; hence that won’t be a deterrent because it can be renewed

anytime when approaching expiry.

5.6.2 Negative Impacts

5.6.2.1 Security issues

There was concern as to whether or not the farm will be fenced to deter intrusions

from grazing animals and ensure the safety of people and the project infrastructure.

The consultant assured the local community members that the project site will be

fenced to ensure safety of the local people, equipment and livestock grazing nearby.


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5.6.2.2 Air pollution

Some residents asked whether there might be incidents of atmospheric pollution

from fumes, smokes, dust or any other particulate matters released during project

construction and operation phases .It was clarified that dust pollution may occur

during construction phase; and that during the operational stages would see the

generation of some particulate matter, but taking into account the surroundings this

would not be a significant pollutant.

5.6.2.3 Health impacts to local people and livestock

Concerns were raised whether there will be negative impacts to residents and

livestock when the project becomes operational. The consultant assured the

participants solar projects have no recorded health impacts to local people or

animals. He however pointed out that persons that will work in the solar farm will

be vulnerable to occupational risks, but this will be minimized by: proper training,

use of labels, warning signs and provision of safety equipment and clothing.

5.6.2.4 Buffer zone

An issue was also raised about the relative distance from the plant to residential

houses to avoid disturbances and susceptibility to disadvantages. The Lead expert

indicated that a buffer zone as per international standards will be put in place for

safety purposes and all this has been incorporated in the site plan. He assured them

that adequate land had been leased to ensure the recommended distance is kept if

necessary. However, it is important to note that the negative impact of the PV plant

its minimal, with gases and noise.

5.4.2.5 Noise pollution

During the interview the people who were interviewed were concerned about the

noise pollution during the project construction period. The noise shall emanate from

the machines that will be used like compacting rollers, workers, vehicular


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movement and running of engines. It was recommended that appropriate noise

suppression measures be put in place e.g. avoid unnecessary hooting, gunning of

engines, shouting to each other and ensure adoption of a common sense attitude at

the work place.

5.4.2.6 Impacts of storm drainage systems

Laying of solar panels will see temporary increase in the amount of storm water

run-off, hence leading to possible soil erosion in the adjacent lands if not directed to

the right channels. Storm water may create gullies in the small lands of people

nearby the site. This will negatively impact the residents. The lead consultant

assured them proper storm water drainage channels would be constructed. Since

the earth movements are very small and the modules distance from the soil (~50

cm), there is no disturbance to the natural flow of the water. When the construction

will be finished, the grass/meadow will grow again beneath the modules.

5.4.2.7 Waste Generation and excavated soil

The residents indicated that large amounts of solid waste would be generated

during construction of the project. These will include limited metal cuttings (the

trackers arrive at the construction site ready for installation), rejected materials,

surplus materials, surplus spoil, , paper bags, empty cartons, empty paints and

solvent containers, broken glass among others. Solid wastes if not well managed

have a potential of causing accidents and disease outbreaks due to suitable breeding

conditions for vectors of cholera and typhoid. Malaria outbreak could also be

exacerbated by the presence of open water ditches for breeding of anopheles

mosquitoes. Some of the excavation material will be rendered unusable and thus

will have to be disposed of. This also applies to some of the soil/rocks, which may

not be reusable after excavation processes are complete. The EIA expert assured the

residents that all these materials would be collected, transported and disposed of

appropriately in approved designated areas or reused appropriately.


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5.4.2.8 Loss of grazing and farming land

The owner of the land use the proposed land for grazing and sugarcane farming. So

the construction of the project will greatly affect this activity. But since the

landowner still has more expansive land remaining, the animals will still have

grazing areas. For sugarcane farming, the economic benefits outweigh the current

use.


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6. POTENTIAL ENVIRONMENTAL IMPACTS

6.1 General

Environmental and Social Impact Assessment (ESIA) is used as a tool to guide

environmentally sustainable decisions. The proposed 40MW solar power farm

construction is envisaged to generate direct and indirect impacts. Potential impacts

discussed in this chapter are also linked to the different stages of the project which

are identified as construction, operation and decommissioning. The potential

Impacts are derived from the proposed project activities discussed in Chapter 2 and

the baseline information contained in Chapter 3.

6.2 Identification of Environmental Impacts

In order to identify the potential impacts, the study team ensured that many

stakeholders were involved in the exercise. Scoping discussions were held with

various interested and affected parties within the solar power project’s site

environs during the fieldwork. In these discussions key environmental issues

relating to solar power project implementing activities were identified. The study

team used both structured and non-structured questions to solicit for information.

The potential impacts of the proposed project are categorized into construction,

operational and decommissioning phases.

6.3 CONSTRUCTION PHASE

6.3.1 Positive impacts

6.3.1.1 Job creation

Throughout the lifetime of the proposed facility, job opportunities shall be created,

these being the need for 150-200 casuals and trained personnel during the

construction phase spanning over 12 months; around 20 personnel required to

operate the facility over a period of 20 to 25 years. The project will also assist the

Government in its policy of employment creation and enhancing and promoting


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Green energy projects in line with Vision 2030.The project through the generation

of employment will stimulate other economic activities and also enhance the

casuals’ skill levels through intensive and well-structured technology transfer.

6.3.1.2 Provision of market for local construction materials

The project will require some supply of of construction materials such as metals and

fencing materials most of which will be sourced locally within Kenya. However,

most of the required materials like solar panels will be imported since they are not

manufactured in the Country. In turn this will enhance people who directly or

indirectly depend on this business.

6.3.1.3 Boost of the surrounding business enterprises

The project will employ quite a number of people to work in the facility. This people

need goods and services to be supplied by the business enterprises within the

project site. For instance, bodabodas will be ferrying workers to and from the site.

There enterprises within the project area will benefit from increased customer base

from construction crew as well as people who will be visiting the solar power

project during operational phase of the solar project.

6.3.1.3 Gains in the local and national economy

There will be gains in the local and national economy. Through consumption of

locally available materials including: fencing materials among others. The

consumption of these materials, fuel oil and others will attract taxes including VAT

which will be payable to the government. The cost of the materials will be payable

directly to the producers.

6.3.2 Potential Negative Impacts

6.3.2.1 Loss of agricultural and grazing land

The proposed site is currently zoned for agriculture especially sugarcane and coffee

plantation. The construction activities and the establishment of the proposed facility


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will result in a reduction in the area of land that is available for agricultural use. In

addition, squatters in the adjacent private land use the project site for livestock

activities such as a grazing land and for watering points. It is important to note that

livestock like sheep (not goats or cattle because they are destructive) can be allowed

to graze below the panels. Plate 5 below shows a young boy from the

neighbourhood squatters grazing within the project site.

Plate 12: Livestock grazing within the project site

6.3.2.2 Visual and Aesthetic Landscape Impacts

Although there exists man-made features such as power lines and roads in the local

landscape, the proposed development would result in a significant change to the

local landscape character. The PV array will cover up to 250 acres in total and the

array will be seen from visual receptors in the area. The solar panels will be covered

with a non-reflective coating designed to absorb the maximum solar irradiation and,


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therefore, glare or reflections from the panels will be limited or inexistent. The EIA

will consider the effects the facility will have on the landscape character and effects

upon potential viewers. There are scattered households, farmsteads, Western Kenya

Ltd weighbridge and a main road in the vicinity of the site and, therefore, the visual

impact of the facility is regarded as an important consequence of the proposed

development.

6.3.2.3 Dust and vehicle emissions

During construction stage the air quality of the area will be directly affected and

made worse by dry, windy and dusty weather. The impact will be a major challenge

especially during site clearance and solar panel mounting structure construction

and movement of building materials to and from the site. The frequent upwelling of

dust as consequence of construction may impact on workers causing asthma and

other respiratory conditions. The impact of dust on watercourses would be low.

Further, increase movement of construction equipment will also increase the

emission of pollutants. The people in the immediate project vicinity as well as

commuters in open vehicles will be affected directly. Gasoline and diesel vehicles

and engines used during the construction period will emit pollutants such as carbon

dioxide, suspended particulates, nitrogen dioxide, vaporized lead and sulfur dioxide.

6.3.2.4 Noise pollution

During the construction, there is the potential for permissible/acceptable human

noise levels that may be temporarily exceeded due to the operation of lorries,

moving machines and equipment in the working zone of the solar power project

site. To be affected mostly, are the site workers since noise beyond some level is a

nuisance if not maintained within acceptable limits. Noise abatement measures will

be taken within the project site including scheduling working time and provision of

the correct PPE.


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6.3.2.5 Impacts on Drainage, Surface Waters and Water Resources

The project site is characterized by Kipswa River on the south west side. (See plate 6

below)Neighboring residents use the river as a watering point for their animals,

construction of the solar power farm may have minor interference with the natural

drainage systems. Since the earth movements will be few, the risk for water

pollution is minimum and also there will be no problems regarding drainage since

the water will flow naturally during and after the construction period.

Plate 13: River Kipsiwa adjacent to the project site

6.3.2.6 Solid Waste and excavated material

The project doesn’t envisage major excavation works, thus, the solid waste will be

minimal. Solid topsoil wastes from the sites will be the main form of solid waste.

Some of the excavated soil through leveling some points will be reused, as backfill


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while the rest will be disposed of to the designated areas. Other solid wastes will

include metallic pieces, wooden planks, and stone debris. All these wastes will be

disposed of according to the legislation guiding the same.

6.3.2.7 Soil Erosion

In addition to the loss of productive land due to soil erosion, soils can be impacted

as a result of disposal of waste materials, and compaction with heavy machinery

used for the establishment of panel stands and the transmission line. These impacts

can be managed by restricting the use of heavy machinery and vehicles to

designated work areas and installing soil protection works in areas sensitive to

erosion prior to construction.

6.3.2.8 Hazardous material spillage

As a result of the spillage of lubricant, fuel, during construction, soil condition may

deteriorate. The spillage of such chemicals will negatively impact the condition of

the soil, as this cannot degrade without human intervention. Pollution in soils can

further impact on the quality of groundwater and surface water The construction

machines on site may be containing moving parts which will require continuous

oiling to minimize the usual corrosion or wear and tear. Possibilities of such oils

spilling and contaminating the soil and water on site are real. Likewise, moving

vehicles on site may require oil change. But these dangers are contained by

maintaining the machinery in specific areas designed for this purpose.

6.3.2.9 Vegetation and tree loss

Destruction of flora and fauna within the site during site clearance to pave way for

the project will be inevitable. The project site contains a few mature indigenous

such as acacia among others as well as shrubs (see plate 7 below). Some of the trees

along the northern side of the site will be cleared during site preparation. There are

no known protected species or significant habitats that will be adversely impacted


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by the construction of this project. There is also no conservation area to be affected

by the project.

Plate 14: Some indigenous trees at the site

6.3.2.10 Social crimes

An influx of construction workers, competing for available jobs with the local

community is expected. This will lead to increased crime rate, competition for

limited jobs and competition for housing. Due to limited housing and related

services, as well as the isolation of the project due to geographical distance from

nearby towns and isolation, the influx of outsiders will not be significant.

6.3.2.11 Public Health

Increase in risk of sexually transmitted diseases, such as HIV/AIDS etc. due to influx

of migrant workers; solid waste and effluent discharge from construction camps;


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risk of increase in vectors of schistosomiasis and malaria due to stagnant water

associated with construction works/borrow pits etc.

6.3.2.12 Occupational health and safety

There is possibility of accidents occurring in the process of construction. This is

likely to be experienced by the construction staff. Project management will provide

first aid and possibly primary health care services to staff and crew. Emergency and

serious cases can be sent to the most accessible clinics and hospitals.

6.4 OPERATIONAL PHASE

6.4.1 Positive Impacts

6.4.1.1 Additional Power Capacity

With the additional 40MW generated from solar power connected to the national

grid, the Kenya Power and Lighting Company Limited will be able to increase its

electric power reliability and power supply capacity. This additional capacity would

have a positive impact on the meeting power demands across the areas since KPLC

would be able to supply more electric power, which cannot be supported by the

existing line.

6.4.1.2 Security Improvement

Once the project has been implemented a competent security firm will be contracted

to man the facility in addition to government police officers. Moreover the facility

will be lit throughout its vicinity. This will greatly boost the security in the project

site and its neighboring environs.

6.4.1.3 Use of appropriate technology

The project will emphasize on the use of appropriate technology in solar power

construction. It is estimated that 14% of the population have access to electricity.

Additional generation with associated transmission and distribution is necessary in

order to reach a greater percentage of the population and support economic growth.

The situation is aggravated by the over reliance (approximately 50%) on


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hydropower which has been often unreliable in the dry seasons. Therefore the

proposed project will utilize the free solar energy to generate power, which will be

reliable in supply. Technology will also be applied to ensure that the project is

furnished with up graded facilities as required by the laws of the locals and

international standards.

6.4.1.4 Growth of centers within the project site

The construction of the proposed project will certainly lead to the growth and

development of urban centres, which include Mberere Police post, and Kopere

Centre. In addition a new centre might come up at the project site.

6.4.1.5 Employment opportunities

Once the project is complete, there will be about 20 people who will be employed

permanently to operate the facility. This will include managers, electricians,

technicians, and security officers, gardeners among others. Consequently, the

employees will indirectly employ people within the site through provision of

services such as transportation and catering services.


During operational stage the project will have minimal negative impacts as

highlighted below.

6.4.2.1 Increased Storm Water Flow

The solar panels may lead to increased volume and velocity of storm water or run-off

flowing across the area covered by the panels. This may lead to increased amounts of

storm water entering the drainage systems, resulting in overflow and damage to such

systems in addition to increased erosion or water logging in the south western side of

the project site which is low-lying and is adjacent to Kibisiwa River. This negative

impact will be eliminated by allowing grass below the panels to control any form of soil

erosion.


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6.4.2.2 Increased pressure on infrastructure

The construction and operational phase of the solar power will lead to increased

pressure on existing infrastructure such as roads, service lines etc due to the increased

number of people who will be using these facilities which will directly translate into

increased volume of the relevant parameter.

6.4.2.3 Aesthetics

There will be some visual impact with the addition of the solar panel arrays on the

site, including the possibility of some glare from the panels, even though they are

designed to absorb the incident solar radiation.

6.4.2.4 Occupational health and safety risks

During operational several workers will be employed permanently to operate the

solar farm. The will be exposed to several occupational health and safety risks such

as accidents within the work place, emergencies such as fire among others. Though

the proponent will ensure this is kept to minimal by ensuring the whole facility is

adequately labelled and provision of material data sheets to workers as well as

trainings. In addition, the foundations and racking system will be designed to

withstand powerful cyclones, which will limit the probability of generation

unavailability as well as reducing any potential hazard of panels being lifted up and

blown onto adjacent properties.

6.4.2.4 Solid waste generation

The facility will be repaired regularly therefore there is some construction materials

which will be rendered unusable. Change of inverters among other things fittings.

Appropriate waste management systems are called for.


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6.5 DECOMMISSIONING PHASE

6.5.1 Positive Impacts

6.5.1.1 Rehabilitation

Upon decommissioning the project, rehabilitation of the project site will be carried

out to restore the site to its original status. This will include replacement of topsoil

and re-vegetation that will lead to improved visual quality of the area.

6.5.1.2 Employment Opportunities

Several employment opportunities will be created for demolition staff.


6.5.2.1 Solid Waste generation

Demolition of the project buildings and related infrastructure will result in large

quantities of solid waste. The waste will contain the materials used in construction

including, metals and panels which will undergo recycling. Although demolition

waste is generally considered as less harmful to the environment since they are

composed of inert materials. In addition, even the generally non-toxic chemicals

such as chloride, sodium, sulphate and ammonia, which may be released as a result

of leaching of demolition waste, are known to lead to degradation of groundwater

quality.

6.5.2.2 Dust

Some minimal quantities of dust will be generated during demolition works. When

decommission comes the proponent will not need to clean up soil since he will just

have to unscrew modules and metallic structure from the trackers and pull out the

piles from the trackers.

6.5.2.3 Noise and Vibration

The demolition works will lead to insignificant deterioration of the acoustic

environment within the project site and the surrounding area.


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6.6 ENVIRONMENTAL RISKS TO THE PROJECT

6.6.1 Squatters in the neighboring private farm

The private farm in the western side of the project site is occupied by squatters who

majorly depend on the proposed site for livestock grazing as well as source of

traditional building materials for grass thatched houses. The squatters pose a risk of

security to the proposed project. This is because they may be engaged in theft

activities to enrich themselves. This calls for measures by the proponent to curb any

case of social crime, which might come up. This includes fencing of the project site,

provision of the access road to the animal watering point.

6.6.2 Dust from Kimwani-Kopere road

Dust from the road may cover the solar panel array thereby reducing their

functionality. Measures to reduce dust will be employed such as watering of dust

active sites.

6.6.3 Flooding

Flooding is likely to occur in the southern side of the project site due to its low-lying

nature as well as proximity to the adjacent Kipsiwa River. This will pose a great risk

to the solar power infrastructure by submerging it. Therefore the proponent is

advised to leave a buffer zone (riparian zone) within the area and restrict its

development within the raised ground.


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7.0 MITIGATION MEASURES AND MONITORING PROGRAMMES

This section highlights the mitigation measures for the expected negative impacts of

the proposed solar power farm project. The potential impacts and the possible

mitigation measures have herein been analyzed under two categories: construction

and operational.

7.1 MITIGATION OF CONSTRUCTION RELATED IMPACTS

7.1.1 Air quality

Controlling dust during construction is useful in minimizing nuisance conditions. It

is recommended that a standard set of feasible dust control measures be

implemented for all construction activities. Emissions of other contaminants (NOx,

CO2, SOx, and diesel related PMB10B) that would occur in the exhaust from heavy

equipment are also included. The proponent is committed to implementing

measures that shall reduce air quality impacts associated with construction. All

personnel working on the project will be trained prior to starting construction on

methods for minimizing air quality impacts during construction. This means that

construction workers will be trained regarding the minimization of emissions

during construction. Specific training will be focused on minimizing dust and

exhaust gas emissions from heavy construction vehicles. Construction vehicles

drivers will be under strict instructions to minimize unnecessary trips, refill petrol

fuel tanks in the afternoon, and minimize idling of engines.

Dust emissions will be controlled by the following measures:

Watering all active construction areas as and when necessary to lay dust.

Cover all trucks hauling soil, sand and other loose materials or require all

trucks to maintain at least two feet of freeboard.


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Pave, apply water when necessary, or apply (non-toxic) soil stabilizers on all

unpaved access roads, parking areas and staging areas at construction sites.

Sweep daily (with physical sweepers) all paved access roads, parking areas

and staging areas at construction sites.

Fast growing trees will be planted around the project area to act as a wind

breaks to reduce the uplift of particulate matter that lead to respiratory

diseases.

7.1.2 Minimize the effects of noise emitted from the site

Significance of noise impacts depends on whether the project would increase noise

levels above the existing ambient levels by introducing new sources of noise. Noise

impacts would be considered significant if the project would result in the following:

Exposure of persons to, or generation of, noise levels in excess of standards

established in the local general plan or noise ordinance, or applicable

standards of other agencies.

Exposure of persons to, or generation of, excessive ground-borne vibration

or ground-borne noise levels.

A substantial permanent increase in ambient noise levels (more than five

dBA) in the project vicinity above levels existing without the project.

A substantial temporary or periodic increase in ambient noise levels in the

project vicinity above levels existing without the project.

The proponents shall put in place several measures that will mitigate noise pollution

arising during the construction phase. The following noise-suppression techniques

will be employed to minimize the impact of temporary construction noise at the

project site:

Install portable barriers to shield compressors and other small stationary

equipment where necessary.

Provision of PPE to workers

Use quiet equipment (i.e. equipment designed with noise control elements).


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Co-ordinate with relevant agencies regarding all substation construction

activities in the residential areas.

Install sound barriers for pile driving activity.

Limit pick-up trucks and other small equipment to a minimum idling time

and observe a common-sense approach to vehicle use, and encourage

workers to shut off vehicle engines whenever possible.

Construction/Demolition works should be done during the day when people

are away and also the outside environment is also noisy.

Adhere to the provisions of Noise Prevention and Control Rules 2005, Legal

notice no. 24 regarding noise limits at the workplace.

7.1.3 Minimise the effects of exhaust emission

In order to control exhaust emissions the following measures shall be implemented

during construction:

Vehicle idling time shall be minimized

Alternatively fueled construction equipment shall be used where feasible

Equipment shall be properly tuned and maintained

This will also be achieved through proper planning of transportation of materials to

ensure that vehicle fills are increased in order to reduce the number of trips done or

the number of vehicles on the road.

7.1.4 Worker accidents and hazards during construction

Adequate collection and storage of waste on site and safe transportation to the

disposal sites and disposal methods at designated area shall be provided. In addition

the proponent is committed to adherence to the occupational health and safety rules

and regulations stipulated in Occupational Health and Safety Act, 2007. In this

regard, the proponent is committed to provision of appropriate personal protective

equipment, as well as ensuring a safe and healthy environment for construction

workers as outlined in the EMP.


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7.1.5 Worker accidents during construction and operation

Workers accidents especially in deep trenching operations and from gas

accumulation in sewers and other confined spaces shall be mitigated by enforcing

adherence to safety procedures and preparing contingency plan for accident

response in addition safety education and training shall be emphasized.

7.1.6 Reduction of impacts at extraction sites and efficient use of raw

materials

The proponent will source some building materials such fencing materials whose

projects have undergone satisfactory environmental impact assessment/audit and

received NEMA approval. Since such firms are expected to apply acceptable

environmental performance standards, the negative impacts of their activities at the

extraction sites are considerably well mitigated.

To reduce the negative impacts on availability and sustainability of the materials,

the proponent will only order for what will be required through accurate budgeting

and estimation of actual construction requirements. This will ensure that materials

are not extracted or purchased in excessive quantities. Moreover, the proponent will

ensure that wastage; damage or loss (through run-off, wind, etc) of materials at the

construction site is kept minimal, as these would lead to additional demand for and

extraction or purchase materials.

In addition to the above measures, the proponent shall consider reuse of building

materials and use of recycled building materials. This will lead to reduction in the

amount of raw materials extracted from natural resources as well as reducing

impacts at the extraction sites

7.1.7 Minimization of vegetation disturbance and tree cutting

Clearance of part of the vegetation at the project site to pave way for construction

will be inevitable. However, the proponent will ensure proper demarcation of the


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project area to be affected by the construction works. This will be aimed at ensuring

that any disturbance to flora and fauna is restricted to the actual project area and

avoid spillover effects on the neighbouring areas. In the same vein, there will be

strict control of construction vehicles to ensure that they operate only within the

area to be disturbed by access routes and other works.

Another important measure aimed at reducing tree cutting in the project area will

be preservation of individual trees within the site. In addition, the proponent has

committed itself to re-vegetation of some of the disturbed areas through

implementation of a well-designed landscaping programme. It is recommended that

part of the topsoil excavated from the construction site be re-spread in areas to be

landscaped to enhance plant ecology.

7.1.8 Minimization of run-off and soil erosion

The proponent will put in place some measures aimed at minimizing soil erosion

and associated sediment release from the project site during construction. These

measures will include allowing growth of grass under the panels to reduce run-off

velocity and increase infiltration of rain water into the soil. In addition, construction

vehicles will be restricted to designated areas to avoid soil compaction within the

project site, while any compacted areas will be ripped to reduce run-off.

7.1.9 Minimization of construction waste

It is recommended that demolition and construction waste be recycled or reused to

ensure that materials that would otherwise be disposed of as waste are diverted for

productive uses. In this regard, the proponent is committed to ensuring that

construction materials left over at the end of construction will be used in other

projects rather than being disposed of.

The proponent shall put in place measures to ensure that construction materials

requirements are carefully budgeted and to ensure that the amount of construction

materials left on site after construction is kept minimal.


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It is further recommended that the proponent should consider the use of recycled or

refurbished construction materials. Purchasing and using once-used or recovered

construction materials will lead to financial savings and reduction of the amount of

construction debris disposed of as waste.

Additional recommendations for minimization of solid waste during construction of

the project include:-

i. Use of durable, long- lasting materials that will not need to be

replaced as often, thereby reducing the amount of construction waste

generated over time

ii. Provision of facilities for proper handling and storage of construction

materials to reduce the amount of waste caused by damage or

exposure to the elements

iii. Purchase of perishable construction materials such as paints

incrementally to ensure reduced spoilage of unused materials

iv. Use of building materials that have minimal packaging to avoid the

generation of excessive packaging waste

v. Use of construction materials containing recycled content when

possible and in accordance with accepted standards.

7.1.10 Reduction of energy consumption

The proponent shall ensure responsible electricity use at the construction site

through sensitization of staff to conserve electricity by switching off electrical

equipment or appliances when they are not being used. In addition, proper planning

of transportation of materials will ensure that fossil fuels (diesel, petrol) are not

consumed in excessive amounts. Complementary to these measures, the proponent

shall monitor energy use during construction and set targets for reduction of energy

use.


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7.1.11 Minimization of water use

The proponent shall ensure that water is used efficiently at the site by sensitizing

construction staff to avoid irresponsible water use. The proponent will install

water-conserving automatic taps and toilets. Moreover, any water leaks through

damaged pipes and faulty taps will be fixed promptly by qualified staff.

7.1.12 Controlling hazardous spillage during construction phase

The proponent will control the dangers of oil, grease and fuel spills during

construction by maintaining the machinery in specific areas designed for this

purpose. Machinery site repair will be discouraged and repair work restricted to

only approve garages to avoid pollution from oil, grease and fuel.

7.1.13 Public Health Safety and Awareness

i. The proponent should ensure public health and safety through the following

measures: Provide a small section of the construction site with a shed and a

water stand where the food can be served to the construction workers to

promote hygiene and health of the employees.

ii. Have a fully equipped first aid kit at the site.

iii. Ensure that the contractor has a workmen’s compensation cover as required

by law (The Workmen’s Compensation Act), as well as relevant ordinances,

regulation and union’s agreements.

iv. The workers, immediate neighbour and other stakeholders should be

sensitized on the dangers and risk associated with the construction works for

enhanced self responsibility on personal safety.

v. The proponent should ensure that the completed buildings are fitted with

safety facilities including fire detectors, firefighting equipment, fire exits,

adequate access and buffer between the residential premises.

vi. Disabled access features and safety signage should be placed strategically

around and within the buildings.


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vii. Appropriate sanitation conveniences should be provided at the site as

required in the OSHA, 2007 and echoed in the Public Health Act.

7.2 MITIGATION OF OPERATION PHASE IMPACTS

7.2.1 Ensuring efficient solid waste management

The proponent will be responsible for efficient management of solid waste

generated by the project during its operation. In this regard, the proponent will

provide waste handling facilities such as waste bins and skips for temporarily

holding domestic waste generated at the site. In addition, the proponent will ensure

that such disposed of regularly and appropriately. An integrated solid waste

management system is recommendable. First, the proponent will give priority to

Reduction at Source of the materials. This option will demand a solid waste

management awareness programme in the management and the residents.

Secondly, Recycling, Reuse and compositing of the waste will be the second

alternative in priority. This will call for a source separation programme to be put in

place. The recyclables will be sold to waste buyers within project area. The third

priority in the hierarchy of options is combustion of the waste that is not recyclable

in order to produce energy. Finally, sanitary landfilling will be the last option for the

proponent to consider. The proponent will adhere to the Environmental

Management and Coordination (Waste Management), Regulations 2007.

7.2.2 Storm water management

The proponent will ensure that there are adequate means for handling the small

quantities of storm water to be collected from the solar arrays. A well planned

drainage system by allowing growth of grass has been planned for diverting storm

water runoff. .

7.2.3 Ensure efficient energy consumption

The proponent plans to install an KPLC accepted energy-efficient lighting systems at

the Project site. This will contribute immensely to energy saving during the


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operational phase of the project. In addition, workers at the solar farm will be

sensitized on the importance of energy conservation.

7.2.4 Ensure general safety within the premises

A perimeter fence will be erected round the solar power farm and a security lighting

system installed. A competent security firm may be engaged to ensure the general

safety and security at all times within and around the facility.

7.3 MITIGATION OF DECOMMISSIONING PHASE IMPACTS

7.3.1 Efficient solid waste management

Solid waste resulting from demolition or dismantling works will be managed as

described in Section 7.2.1.

7.3.2 Reduction of Dust Concentration

Levels of dust concentration resulting from demolition or dismantling works will be

minimized as described in Section 7.1.1.

7.3.3 Minimization of Noise and Vibration

Significant impacts on the acoustic environment will be mitigated as described in

Section7.1.2.

8 ANALYSIS OF PROJECT ALTERNATIVES

This chapter contains an analysis of alternatives in terms of project site, design,

construction techniques and “no project alternative”.

8.1 No Project Alternative

The No project alternative option implies that the status quo is maintained. This

option is a suitable alternative from an extreme environmental perspective as it

ensures non-interference with the existing conditions. The No project option

however, is the least preferred from a socio-economic and partly environmental

perspective due to the following factors:

The power supply status of Kenya would remain unchanged or decline as a

result of a poor and inefficient transport system

The local and international technological skills would remain unutilized

Reduced interaction both at local and international levels

Increase in the numbers of unemployed Kenyans

Inadequacy of sufficient energy for industrial development in the country

Sugarcane has lower economic returns per acre compared to the direct and

indirect benefits from the solar project. The solar project will create more

sustainable incomes and jobs at the local and national levels.

The solar project is friendly to the environment compared to the part of

sugar farms that use heavy pesticides and chemical fertilizers.

From the analysis above, it becomes apparent that the No project alternative is no

alternative to the Kenyan government, investor and local people as well as the

international community.

8.2 Project sitting

Alternative site option means that the project will be relocated as a whole to a different

site; it is an option available for the project implementation. At the present the

proponent does not have an alternative site. This means that the proponent has to look

for the land. Searching for the land to accommodate the project of such magnitude and

completing official transaction on it may take up to five (5) years although there is no

guarantee that the land would be available. The developer will spend another one year

or so on project logistics and other project planning activities to adjust to the new site

conditions. Project design and planning before the stage of implementation will cost the

developer a large sum of money, whatever has been done and paid to date will be

counted as a loss to the proponent.


100


Assuming the project will be given a positive response by the relevant authorities

including NEMA, this project would have been delayed for about three year’s period

before implementation. This would also lead to a situation like no project alternative

option. The other consequence of these is that it would be a discouragement for

private/local investors. In consideration of the above concerns and assessment of the

current proposed site alternative of the project is not viable option.

8.3 Electric Power Alternatives

The generation of adequate and affordable electricity is a very crucial factor for the

economic development of Kenya. The current energy policy puts emphasis on the

need for energy availability and accessibility at cost effective prices. Currently, there

are several alternatives for generation of electric power including hydro, geothermal,

thermal, solar energy, bio gas, wind and power alcohol. The bulk (60%) of the electric

power capacity in Kenya is, however, based on hydropower while geothermal and

thermal powers virtually supply the rest of the power requirements.

Faced with the current situation where Kenya’s electricity supplies are unreliable and

expensive, the construction of the solar power farm will play a significant role in the

stabilization of power situation in the country. More importantly, the introduction of

40MW in the Kenyan grid will aid towards alleviate power outages, especially during

the dry seasons, and help to reduce the country heavy reliance on the power

production from the oil and diesel power generators as well as contribute towards

the envisioned additional 5000MW electricity generation by 2030.

8.4 Project design


meteorological dataset. Upon commissioning of the proposed solar farm, the planned

installed capacity will be 40MW and the farm is expected to generate 99,275

MWh/year. Therefore the project is highly recommended because it will reduce the

County’ overreliance in hydropower which is prone to outages during dry seasons.


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9 ENVIRONMENTAL MANAGEMENT/MONITORING PLAN

9.1 Introduction

The proponent of the proposed solar power project acknowledges the fact that the

proposed project activities will have some impacts on the biophysical environment,

health and safety of its employees and members of the public, and socio economic

well-being of the local residents. Thus, the main focus will be on reducing the negative

impacts and maximizing the positive impacts associated with the project activities

through a programme of continuous improvement.

An environmental management/monitoring plan has been developed to assist the

proponent in mitigating and managing environmental impacts associated with the life

cycle of the project. The EMP has been developed to provide a basis for an

Environmental Management System (EMS; ISO 14001 principles) for the project. IFC

Policy on Social and Environmental Sustainability including the IFC Performance

Standards (PS) and the Environmental, Health & Safety (EHS) Guidelines which cover

key areas of environmental and social impacts and issues has been used in developing

the EMP. It is noteworthy that key factors and processes may change through the life

of the project and considerable provisions have been made for dynamism and

flexibility of the EMP. As such, the EMP will be subject to a regular regime of periodic

review.In general, monitoring for the project will include the following:

Construction phase

Monitor that occupational health and safety measures are carried out in

accordance with IFC’s General Environmental, Health and Safety Guidelines.

Monitor that impacts from construction such as erosion and sedimentation,

solid and sanitary waste disposal, hazardous materials (including fuels and

lubricants) management, are being mitigated in accordance with IFC’s General

Environmental, Health and Safety Guidelines Erosion.

If applicable, monitor that any cultural heritage that may be found or affected

during construction is treated in accordance with IFC P.S. 8.


102


Respond to and record community grievances.

If applicable, monitor habitat and species impacts in accordance with IFC P.S. 6

and/or the Project’s biodiversity management plan.

If applicable, monitor that temporary worker housing is constructed and

maintained in accordance with Workers’ Accommodation: Processes and

Standards: A Guidance Note by IFC

Operation and decommissioning phases

Monitor for potential cumulative impacts.

Ensure that restoration of any disturbance during construction and demolition

has occurred.

Tables 6, 7 and 8 are the core of this EMP for the construction, operational and

decommissioning phases of the proposed project respectively. In general, the tables

outline the potential safety, health and environmental risks associated with the

project and detail all the necessary mitigation measures, their financial costs, as well

as the persons responsible for their implementation and monitoring. The EMP will be

used as checklist in future environmental audits.

9.2 Construction Phase Environmental Management Plan

The necessary objectives, activities, mitigation measures, and allocation of costs and

responsibilities pertaining to prevention, minimization and monitoring of significant

negative impacts and maximization of positive impacts associated with the

construction phase of the proposed project are outlined Table 6 below;


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Table 6 Construction Phase Environmental Management Plan for the Proposed Project

Expected Negative

Impacts

Recommended

Mitigation Measures

Responsible Party Time Frame Cost (Kshs)

1. Minimize extraction site impacts and ensure efficient use of raw materials in construction

High Demand of

Raw materials

Source building materials from local suppliers

who use environmentally friendly processes in

their operations

Project Manager&

Contractor

Throughout

construction

period

0

Ensure accurate budgeting and estimation of

actual construction material requirements to

ensure that the least amount of material necessary

is ordered

Project Manager &

Contractor

Throughout

construction

period

20,000

Ensure that damage or loss of materials at the

construction

Site is kept minimal through proper storage.

Project Manager &

Contractor

Throughout

construction

period

5,000

Use at least 5%-10% recycled, refurbished or

salvaged materials to reduce the use of raw materials

and divert material from landfills.

Project Manager &

Contractor

Throughout

construction

period

0


104


Expected Negative

Impacts

Recommended

Mitigation Measures


2. Minimize vegetation disturbance at and or around construction site

Vegetation

disturbance and

Tree cutting

Ensure proper demarcation and delineation of the

project area to be affected by construction works.

Contractor, Civil engineer &

Project Manager 1 month 5,000

Specify locations for trailers and equipment,

and areas of the site which should be kept free of

traffic, equipment, and storage

Civil Engineer, Architect

and Project Manager 1 month 5,000

Designate access routes and parking within the site Civil Engineer, Architect

and Project Manager 1 month 5,000

Introduction of vegetation (trees, shrubs and

grass) on in some public and community land

spaces

Architect & Landscape

specialist

Monthly to

Annually 2,000


105


Expected Negative

Impacts

Recommended

Mitigation Measures


Design and implement an appropriate programme

to help in re-vegetation of the surrounding of the

project area after construction by donating some

seedlings to the community

Architect & Landscape

specialist 2 months 20,000

3. Reduce storm-water, runoff and soil erosion

Increased storm

water, runoff and

soil erosion

A storm water management plan that minimizes

impervious area infiltration by use of recharge

areas and use of detention and/or retention with

graduated outlet control structure will be

designed

The Civil Engineer,

Mechanical Engineer and

Project Manager

1 month 15,000


106


Expected Negative

Impacts

Recommended

Mitigation Measures


Apply soil erosion control measures such as

leveling of the project site to reduce run-off

velocity and increase infiltration of storm water

into the soil.

The Civil Engineer,

Mechanical Engineer and

Project Manager

1 months

Ensure that construction vehicles are restricted to

existing graded roads to avoid soil compaction

within the project site

The Civil Engineer, Mechanical

Engineer and

Project Manager

Throughout

construction

period

Ensure that any compacted areas are ripped to

reduce run-off.

The Civil Engineer, Mechanical

Engineer and Project Manager 2 months

Open drains all interconnected will be provided on

site Civil Engineer

Throughout

construction

period

5,000 per

unit

4. Minimize solid waste generation and ensure efficient solid waste management during construction


107


Expected Negative

Impacts

Recommended

Mitigation Measures


Increased solid

waste generation

Use of an integrated solid waste management

system i.e. through a hierarchy of options: 1.

Source reduction

2. Recycling 3.Composting and reuse 4.

Combustion 5. Sanitary land filling

Project Manager &

Contractor

Throughout

construction

period

20,000

Through accurate estimation of the sizes and

quantities of materials required, order materials

in the sizes and quantities they will be needed

rather than cutting them to size, or having large

quantities of residual materials

Project Manager &

Contractor One-off 0

Ensure that construction materials left over at the

end of construction will be used in other projects

rather than being disposed of.

Project Manager &



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Expected Negative

Impacts

Recommended

Mitigation Measures


Ensure that damaged or wasted construction

materials including cabinets, doors, plumbing and

lighting fixtures, marbles and glass will be

recovered for refurbishing and use in other

projects

Project Manager &

Contractor One-off 15,000

Donate recyclable/reusable or residual materials

to local community groups, institutions and

individual local residents or homeowners.

Project Manager &


Use of durable, long-lasting materials that will not

need to be replaced as often, thereby reducing the

amount of construction waste generated over time

Project Manager &

Contractor

Throughout

construction

period

_

Provide facilities for proper handling and storage

of construction materials to reduce the amount of

waste caused by damage or exposure to the

elements

Project Manager &



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Expected Negative

Impacts

Recommended

Mitigation Measures


Purchase of perishable construction materials

such as paints should be done incrementally to

ensure reduced spoilage of unused materials

Project Manager &

Contractor

Throughout

construction

period

0

Use building materials that have minimal or no

packaging to avoid the generation of excessive

packaging waste

Project Manager &

Contractor

Throughout

construction

period

0

Use construction materials containing recycled

content when possible and in accordance with

accepted standards.

Project Manager &

Contractor

Throughout

construction

period

0

Reuse packaging materials such as cartons, empty

metal and plastic containers to reduce waste at

the site

Project Manager,

Mechanical Engineer &

Contractor

Throughout

construction

period

0

Dispose waste more responsibly by dumping at

designated dumping sites or landfills only.

Project Manager,


Contractor

Throughout

construction

period

10,000/

month


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Expected Negative

Impacts

Recommended

Mitigation Measures


Waste collection bins to be provided at designated

points on site

Project Manager,


Contractor

Throughout

construction

period

70,000 Private waste disposal company to be contracted to

transport and dispose the solid waste from site

Project Manager,


Contractor

Throughout

construction

period

Running an educational campaigns amongst

employees, e.g. through use of posters, to

encourage reuse or recycling of the solid waste

Project Manager,


Contractor

Throughout

construction

period

5. Reduce dust emissions

Dust emission

Ensure strict enforcement of on-site speed

limit regulations

Project Manager &

Contractor

Throughout

construction

period 15,000

Avoid excavation works in extremely dry

weathers

Project Manager &

Contractor

Throughout

construction

period


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Expected Negative

Impacts

Recommended

Mitigation Measures


Sprinkle water on graded access routes when

necessary to reduce dust generation by

construction vehicles

Project Manager

&Contractor

Throughout

construction

period

Personal Protective equipment to be worn Project Manager

Throughout

construction

period

Minimization of exhaust emissions

Exhaust emission

Vehicle idling time shall be minimized Project Manager &

Contractor

Throughout

construction

period

0

Alternatively fueled construction equipment shall

be used where feasible equipment shall be

properly tuned and maintained

Project Manager &

Contractor

Throughout

construction

period

0

Sensitize truck drivers to avoid unnecessary racing

of vehicle engines at loading/offloading points and

parking areas, and to switch off or keep vehicle

engines at these points

Project Manager &

Contractor

Throughout

construction

period

0


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Expected Negative

Impacts

Recommended

Mitigation Measures


6. Minimization of Noise and Vibration

Noise and

vibration

Sensitize construction vehicle drivers and

machinery operators to switch off engines of

vehicles or machinery not being used.

Project Manager &

Contractor

Throughout

construction

period

3,000

Sensitize construction drivers to avoid gunning of

vehicle engines or hooting especially when

passing through sensitive areas such as churches,

residential areas and hospitals

Project Manager &

Contractor

Throughout

construction

period

3,000

Ensure that construction machinery are kept in

good condition to reduce noise generation

Project Manager &

Contractor

Throughout

construction

period

5,000

Ensure that all generators and heavy-duty

equipment are insulated or placed in enclosures

to minimize ambient noise levels

Project Manager &

Contractor

Throughout

construction

period

10,000

The noisy construction works will entirely be

planned to be during daytime when most of the

neighbours will be at work.

Project Manager & all site

foremen

Throughout

construction

period

0


113


Expected Negative

Impacts

Recommended

Mitigation Measures


Comply with the provisions of Noise Prevention

and Control Rules 2005, Legal notice no. 24

regarding noise limits at the workplace

Project Manager & all site

foremen

Throughout

construction

period

0

7. Minimization of Energy Consumption

Increased energy

consumption

Ensure electrical equipment, appliances and lights

are switched off when not being used

Project Manager &

Contractor

Throughout

construction

period

0

Install energy saving fluorescent tubes at all

lighting points instead of bulbs which consume

higher electric energy

Project Manager &

Contractor

Throughout

construction

period

10,000

Ensure planning of transportation of materials to

ensure that fossil fuels (diesel, petrol) are not

consumed in excessive amounts

Project Manager &

Contractor

Throughout

construction

period

8,000

Monitor energy use during construction and set

targets for reduction of energy use.

Project Manager &

Contractor

Throughout

construction

period

5,000

8. Minimize water consumption and ensure more efficient and safe water use


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Expected Negative

Impacts

Recommended

Mitigation Measures


High water

demand

Install water conserving taps that turn-off

automatically when water is not being used

Project Manager &

Contractor One-off

10-40 %

higher

Promote recycling and reuse of water as much as

possible

Project Manager &

Contractor

Throughout

construction

period

2,000

Install a discharge meter at water outlets to

determine

and monitor total water usage

Project Manager &


Promptly detect and repair of water pipe and tank

leaks

Project Manager &

Contractor

Throughout

construction

period

1,000 per

month

Sensitize staff to conserve water by avoiding

unnecessary water use

Project Manager &

Contractor

Throughout

construction

period

1,000

Ensure taps are not running when not in use

Project Manager &

Contractor

Throughout

construction

period

1,000


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Expected Negative

Impacts

Recommended

Mitigation Measures


Incidents,

accidents and

dangerous

occurrences.

Ensure that provisions for reporting incidents,

accidents and dangerous occurrences during

construction using prescribed forms obtainable

from the local Occupational Health and Safety

Office (OHSO) are in place.

Project Manager,

Developer & Contractor Continuous 500/month

Enforcing adherence to safety procedures and

Preparing contingency plan for accident response

in addition, safety education and training shall be

emphasized.

The Contractor, Project

Manager& Site Safety

Officer

Continuous 20,000

Insurance

Ensure that the premises are insured as per

statutory requirements (third party and

workman’s compensation)

Developer Annually _

Safety, health and

environment

(SHE) policy

Develop, document and display prominently an

appropriate SHE policy for construction works

Project Manager, Developer

& Contractor One-off 1,000


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Expected Negative

Impacts

Recommended

Mitigation Measures


Health and safety

committee

Provisions must be put in place for the formation

of a Health and Safety Committee, in which the

employer and the workers are represented

Project Manager One-off 5,000

Sanitary

conveniences

Suitable, efficient, clean, well-lit and adequate

sanitary conveniences should be provided for

construction workers

Project Manager One-off 20,000

Medical

examination

Arrangements must be in place for the

medical examination of all construction

employees before, during and after termination of

employment

Project Manager,

Developer

& Contractor

Continuous 500 per

examination

Machinery/

equipment safety

Ensure that machinery, equipment, personal

protective equipment, appliances and hand tools

used in construction do comply with the

prescribed safety and health standards and be

appropriately installed, maintained and

safeguarded

Project Manager,

Developer & Contractor One-off _


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Expected Negative

Impacts

Recommended

Mitigation Measures


Ensure that equipment and work tasks are

adapted to fit workers and their ability including

protection against mental strain

Project Manager,

Developer & Contractor Continuous _

All machines and other moving parts of

equipment must be enclosed or guarded to

protect all workers from injury

Project Manager

One-off _

Arrangements must be in place to train and

supervise inexperienced workers regarding

construction machinery use and other

procedures/operations

Project Manager

Continuous 5,000 per

training

Equipment such as fire extinguishers must be

examined by a government authorized person.

The equipment may only be used if a certificate

of examination has been issued

Project Manager


examination

Reports of such examinations must be presented

in prescribed forms, signed by the examiner and

attached to the general register

Project Manager


examination


118


Expected Negative

Impacts

Recommended

Mitigation Measures


Storage of

materials

Ensure that materials are stored or stacked in

such manner as to ensure their stability and prevent

any fall or collapse

Project Manager

Continuous 10,000

Ensure that items are not stored/stacked against

weak walls and partitions

Project Manager Continuous _

Safe means of

access and

safe place

of employment

All floors, steps, stairs and passages of the

premises must be of sound construction and

properly maintained

Project Manager &

Contractor Continuous _

Securely fence or cover all openings in floors Project Manager &

Contractor One-off _

Provide all staircases within the premises with

suitable handrails on both sides

Project Manager &

Contractor One-off

Ensure that construction workers are not locked up

such that they would not escape in case of an

emergency

Project Manager &

Contractor Continuous _


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Expected Negative

Impacts

Recommended

Mitigation Measures


All ladders used in construction works must be of

good construction and sound material of

adequate strength and be properly maintained

Project Manager &

Contractor One-off _

Emergency

preparedness and

evacuation

procedures

Design suitable documented emergency

preparedness and evacuation procedures to be

used during any emergency

Project Manager &


Such procedures must be tested at regular

intervals

Project Manager &

Contractor

Every 3

months 2,000

Ensure that adequate provisions are in place to

immediately stop any operations where there is

an imminent and serious danger to health and

safety and to evacuate workers

Project Manager &


Ensure that the most current emergency

telephone numbers are prominently and

strategically displayed within the construction site

Project Manager &


Provide measures to deal with emergencies and

accidents including adequate first aid arrangements

Project Manager &

Contractor Continuous 5,000


120


Expected Negative

Impacts

Recommended

Mitigation Measures


First Aid

Well stocked first aid box which is easily available

and accessible should be provided within the

premises

Project Manager &


Provision must be made for persons to be trained

in first aid, with a certificate issued by a recognized

body.

Project Manager &


9. Ensure the general safety and security of the site and surrounding areas

Increased Pressure

on Infrastructure

Coordinate with other planning goals and

objectives for the Region

Architect, Project

Manager, Contactor and

the Developer

Continuous

250,000

Upgrade existing infrastructure and services, if and

where feasible.

Architect, Project

Manager, Contactor and

the Developer

Continuous

Insecurity

Ensure the general safety and security at all times

by providing day and night security guards and

adequate lighting within and around the

construction site.

Security Officer, Project

Manager & Police

Continuous

70,000


121


Body-search the workers on entry, to avoid

getting weapons on site, and leaving site to ensure

nothing is stolen.

Security Officer Continuous

Ensure only authorized personnel get to the site Security Officer Continuous

Security alarms will be installed

Security Officer Continuous

10. Environmental monitoring of the project

Environmental

concern during the

construction phase

Due to the magnitude of the project the proponent

will liaise with the environmental consultants through

out the construction phase and ensure that the

Conditions of approval are adhered to.

Proponent, Contractor

and AWEMAC

Throughout

construction

phase

-


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9.3 Operational Phase EMP

The necessary objectives, activities, mitigation measures, and allocation of costs and

responsibilities pertaining to prevention, minimization and monitoring of significant

negative impacts and maximization of positive impacts associated with the operational

phase of the project are outlined in Table 7


123


Table 7 Environmental Management Plan for the Operational Phase of the Solar Power Proposed Project

Expected Negative

impacts Recommended Mitigation Measures

Responsible

Party Time Frame Cost (Ksh)

1. Minimization of solid waste generation and ensuring more efficient solid waste management

Solid waste

generation

Provide solid waste handling facilities such as

waste bins and skips Proponent One-off 15,000

Ensure that solid waste generated is regularly

disposed of appropriately at authorized dumping

sites

Proponent Continuous 10,000/month

Donate redundant but serviceable equipment

to charities and institutions Proponent Continuous 0

Comply with the provisions of

Environmental Management and

Co-ordination (Solid Waste) Regulations 2007

Proponent Continuous 0

2. Minimize risks of liquid waste release into environment

Liquid waste release

into the environment

Provide adequate and safe means of handling

liquid waste at the premises Proponent One-off -


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Expected Negative


Responsible


Conduct regular inspections for pipe blockages or

damages and fix appropriately Proponent Continuous

500 per

inspection

Comply with the provisions of

Environmental Management and

Co-ordination (Water Quality) Regulations

2006

Proponent Continuous 0

3. Minimize energy consumption

Energy Use

Switch off electrical equipment, appliances and

lights when not being used Proponent Continuous _

Install occupation sensing lighting at

various locations such as the parking areas

which are not in use all the time

Proponent One-off

10-40 % higher

than ordinary

lighting

Install energy saving fluorescent tubes at all

lighting points within the building instead of

bulbs which consume higher electric energy

Proponent One-off

10-40 % higher

than ordinary

lighting


125


Expected Negative


Responsible


Monitor energy use during the operation of

the project and set targets for efficient energy

use


Sensitizes workers and tenants to use

energy efficiently Proponent Continuous 500/month

4. Storm water management

Storm Water

Management

Ensure a well-planned drainage system with

concrete lining

Allow growth of grass below the panels to control

erosion

Proponent

And contractor

Continuous

20,000

5. Minimization of health and safety impacts


126


Expected Negative


Responsible


Health and safety risks

Implement all necessary measures to ensure

health and safety of workers, occupants and the

general public during operation of the

commercial building as stipulated in the

Occupational Safety and Health Act,2007

Proponent Continuous _

6. Ensure the general safety and security of the premises and surrounding areas

Safety and security

risks

Ensure the general safety and security at all

times by providing day and night security

guards and adequate lighting within and

around the premises.



127


9.4 Decommissioning Phase

In addition to the mitigation measures provided in Tables 6 and 7, it is necessary to

outline some basic mitigation measures that will be required to be undertaken once all

operational activities of the project have ceased. The necessary objectives, mitigation

measures, allocation of responsibilities, time frames and costs pertaining to

prevention, minimization and monitoring of all potential impacts associated with the

decommissioning and closure phase of the project are outlined in Table 8


128


Table 8 Environmental Management Plan for the Decommissioning Phase of the Proposed Project

Expected Negative Impacts Recommended Mitigation Measures Responsible

Party Time Frame Cost (KShs)

1. Demolition waste management

Demolition waste

Use of an integrated solid waste

management system i.e. through a

hierarchy of options:

1. Source reduction

2. Recycling

3.Composting and reuse

4. Combustion

5. Sanitary land filling

Resident Project

Manager &

Contractor

One-off 20,000

All buildings, machinery,

equipment, structures and partitions

that will not be used for other

purposes must be removed and

recycled/reused as far as possible

Resident Project

Manager &

Contractor

One-off 0

All materials must be removed and

recycled, reused or disposed of at a

licensed disposal site

Resident Project

Manager &

Contractor

One-off 0


129




Where recycling/reuse of the

machinery, equipment,

implements, structures, partitions

and other demolition waste is not

possible, the materials should be

taken to a licensed waste disposal

site

Resident Project

Manager &

Contractor

One-off 0

Donate reusable demolition waste

to charitable organizations,

individuals and institutions

Resident Project

Manager &

Contractor

One-off 0

2. Rehabilitation of project site

Site degradation

Implement an appropriate

re-vegetation programme to

restore the

site to its original status (where

possible)

Resident Project

Manager &


Consider use of indigenous plant

species in re-vegetation

Resident Project

Manager &

Contractor

One-off 0


130




Trees should be planted at suitable

Locations so as to interrupt slight lines

(Screen planting), between the

adjacent area and the development.

Resident Project

Manager &

Contractor Once-off 0


131


CONCLUSION AND RECOMMENDATIONS

The Proposed construction of 40MW solar power farm project is due to the pressing need

for such an exercise triggered by the current state of power supply within the country. The

project will essentially have numerous positive impacts and will not only add power

capacity, enhance economic growth at local level but also contribute to the national,

regional and international economy. The integration of environmental concerns in the

implementation strategy of the project will enhance sustainable development and improve

accessibility to potential economic and social sectors.

The insignificant negative environmental impacts that will result from establishment of the

project include; minimal soil erosion, minimal waste generation, minimal storm water,

minimal noise pollution, minimal dust emissions, minimal oil spills, possible workers

accidents and hazards during construction among others which can be adequately

mitigated as outlined in the report.

The proponent of the proposed project shall be committed to putting in place several

measures to mitigate the negative environmental, safety, health and social impacts

associated with the life cycle of the project. It is recommended that in addition to this

commitment, the proponent shall focus on implementing the measures outlined in the EMP

as well as adhering to all relevant national and international environmental, health and

safety standards, policies and regulations that govern establishment and operation of such

projects.

Considering the positive socio-economic and environmental benefits that will accrue as a

result of the proposed development, and the EIA study having found no major impacts to

arise from the development, it is our recommendation that the project be allowed to

proceed with the understanding that the proponent will adhere to the mitigation measures

recommended herein and will further still implement the proposed Environmental


132


Management Plan (EMP) to the letter. An initial environmental audit will also be carried

within a period of 12 months (as required by EIA/Audit Regulations of 2003) after

commencement of the operations to check compliance to the set policies, standards and

laws and the proponent will contract a licensed firm to provide Environmental Health and

Safety Services for the construction phase of the proposed development.


133


REFERENCES

Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act

Number 8 of 1999. Government printer, Nairobi

Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi

Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi

Kenya gazette supplement Acts Public Health Act (Cap. 242) government printer, Nairobi

Kenya gazette supplement Acts Water Act, 2002 government printer, Nairobi

The Petroleum Act (Cap 116), Government Printers, Nairobi

The Traffic Act (Cap 403), Government Printers, Nairobi

The Crop Production and Livestock Development Act (Cap 321), Government Printers,

Nairobi

The Trust Land Act (Cap 28), Government Printers, Nairobi

The Physical Planning Act (Cap 286), Government Printers, Nairobi

The Agriculture Act (Cap 318), Government Printers, Nairobi

The Energy Act 2006, and its related regulations, Government Printers, Nairobi


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APPENDICES

Appendix A: Certificate of incorporation

Appendix B: Land Lease documents

Appendix C: Project Land Survey Map

Appendix D: Project designs

Appendix E: Estimated Bill of quantities

Appendix F: Public participation meeting notice

Appendix G: Minutes of the public participation meeting

Appendix H: List of public meeting attendants

Appendix I: Filled Questionnaires used in public participation/ local interviews

Appendix J: Water Chemical Analysis Results for River Anapingetuny and Kipsiwa

Appendix K: AWEMAC NEMA License

environmental and social impact assessment study …meas.nema.go.ke/eia/download/eia_1260solarkopere...

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