1

CONSULTANCY SERVICES FOR REVIEWING AND UPDATING OF THE

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR THE

PROPOSED KISUMU NORTHERN BYPASS

1.0 Introduction

The Government of the Republic of Kenya (GoK) has received a credit from the

International Development Association (IDA) in towards the cost of the National Urban

Transport Improvement Project (NUTRIP), and intends to apply a portion of proceeds

from this credit for Construction of Kisumu Northern Bypass.

The Kisumu Northern By-Pass starts at Mamboleo Junction of Kisumu-Kakamega (A1)

Highway. After Mambo Leo Junction, the Kisumu Northern Bypass goes through quarry

field, then after first curve, heads towards piedmont of Kanyakwar Hills at Riat Tor

(Hill). Then it curves around the Kogony Hill, passes infront of Jans Senior Academy and

runs for about 1 km. After curving out westward after Tor 9, it crosses Riat-Paradise

Murram road 100 m to the south of Abuson Shop, and the bypass then runs southwards

in a straight line. It crosses Kisumu – Butere rail line before joining the adjoining Kisumu

Airport-Kisian Junction (B1) Road at a point about 400 m to the east of Kotetni Primary

School fence. The restructured project will be expanded to include the adjoining Kisumu

Airport-Kisian junction.

The restructured Kisumu Northern Bypass project will comprise of the following: (i) 8.0

km road section commencing Kisumu -Kakamega (A1/C34) to Otonglo; and (ii) the

expansion of the 7.4 km adjoining Kisumu International Airport-Kisian Junction

(B1/C27).

Kisumu Northern Bypass project will be 8.0 km road section long commencing Kisumu -

Kakamega (A1/C34) to Otonglo. It will consist construction of a new road over rail

bridge at Otonglo, construction of an Interchange at Otonglo and construction of main

carriageway pavement layers. This will be a new road alignment and involves land

acquisition. The process of land acquisition has started and the consultant will review the

RAP which was prepared in 2012 and disclosed.

The entrance to Kisumu International Airport to Kisian Junction (B1/C27) will include

the construction of the 2 Lane (7.0m wide) Second Carriageway from the entrance of the

NATIONAL URBAN TRANSPORT IMPROVEMENT PROJECT

(NUTRIP)

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

2

Kisumu International Airport up to the Kisian junction B1/C27. It will also include the

construction/Rehabilitation of the Kisian River Bridge and construction of an Intersection

at Kisian junction. This will be capacity enhancement of the existing road by adding a

second carriageway on the existing road reserve.

3

Figure Error! No text of specified style in document.-1: Location Traversed by the Proposed 8km long Mamboleo to Otonglo Kisumu Northern

By-Pass Road and Airport Kisian Junction

4

2.0 ESIA Reviewing and Updating Justification

Kenya National Highways Authority (KeNHA) undertook the preparation of

Environmental and Social Impact Assessment (ESIA) for the proposed Kisumu Northern

Bypass approximately 8km in the year 2011 and the ESIA report was disclosed in

country and in the World Bank InfoShop, and the project was issued with National

Environment Management Authority (NEMA) license for the project as per national

requirements. However, studies by GoK have necessitated the expansion of the adjoining

7.4 km Kisumu International Airport -Kisian junction to accommodate the increase of

traffic in the area, and hence the inclusion of this section into the proposed Kisumu

Northern Bypass project. Also, the original project was assigned Environmental Category

‘B’, however, based on ongoing restructuring of the NUTRIP project, the project

environmental category has been reclassified as Category ‘A’ , since the project is likely

to have significant adverse environmental and social impacts that are sensitive, diverse or

unprecedented. Thus, the change in project scope and reclassification of the Environment

Category to ‘A’ has necessitated the review and updating of the initial ESIA by an

independent consultants, in accordance with the requirements of World Bank Safeguards

Policies, OP/BP Environment Assessment, for Category A projects and to include the

adjoining section (about 7.4 km) which was initially not part of the project.

This Terms of Reference (ToR) cover the independent review and updating of

Environmental and Social Impact Assessments (ESIA) prepared in 2011, for the proposed

Kisumu Northern Bypass and the adjoining Kisumu International Airport to Kisian

Junction (B1/C27). This ESIA shall be reviewed and updated in a manner consistent

with World Bank Safeguards Policies and Procedures, World Bank Group (WBG)

General Environmental Health and Safety Guidelines and WBG Industry Sector

Guidelines for Construction Materials Extraction, relevant laws and regulations of the

Government of Kenya (GoK), and KeNHA Environmental policy requirements.

3.0 Objective of the Assignment

The objectives of the assignment are: (i) review and update the existing ESIA report,

identify any gaps vis-à-vis WB safeguards policy requirements of OP/BP 4.01

(Environment Assessment) for Category A projects and the national requirements for

ESIA; (ii) identify and fill in those gaps by updating the ESIA, including collection of

additional baseline information, and in depth analysis of environmental and social

impacts that are not currently covered in the existing report; (iii) updating the ESMP to

include both generic construction measures and site-specific measures (iv) carry out

environmental and social assessment for the expansion of the adjoining Kisumu

International Airport to Kisian Junction (B1/C27) which was not part of the original

5

project and update the existing ESIA done in 2011 and (iv) Carry out two public

consultations as per the Category A, project requirements.

The specific objectives of the assignment are:

To review and update the existing ESIA report to conform with World Bank

Environmental and Social Safeguards Policies and Procedures for Environment

Assessment (OP/BP 4.01), for project assigned Category A, WBG General EHS

Guidelines and applicable WBG Industry Sector Guidelines and laws and

regulations of the Government of Kenya,

To review and identify gaps in the existing ESIA report prepared for this

subproject and address them by evaluating the established social and

environmental context, reviewing the identified potential risks and impacts,

benefits and opportunities.

To review and identify all the potential significant positive and adverse

environmental and social impacts, including direct, indirect and cumulative

impacts associated with the proposed project

To review proposed measures to avoid, reduce, mitigate, manage and/or

compensate for such impacts, including the institutional arrangements and

required capacity building to implement all such measures and monitor their

effectiveness

To review and update the Environmental and Social Management Plan (ESMP)

Ensure that the stakeholder analysis and consultation are conducted as part of the

ESIA review, and identify who among the affected population is particularly

vulnerable to potential adverse impacts. The project should adopt differentiated

measures so that potential adverse impacts do not fall disproportionately on the

disadvantaged or vulnerable

To carry out site investigations to collect primary data and review available

relevant secondary data to establish a comprehensive environmental and social

baseline, indicators, and data collection methodology

To conduct public consultations and meaningful stakeholder engagement with

project-affected persons, lead agencies and Non-Governmental Organizations

(NGOs) about the project's environmental and social impacts, as well as offer

opportunity to receive their opinions and feedback so as to take their views into

account and reflect the issues raised into the final design for the project.

To come with appropriate budget for environmental, social and, health and safety

mitigation measures for the project.

To document all the above mitigation and development interventions in

acceptable format to be further discussed and agreed with KeNHA and in

compliance with the World Bank Safeguards Policies, WBG EHS guidelines and

EHS guidelines for Toll Roads

6

4.0 Environmental and Social Assessment Requirements

Scope of Work

The Consultant shall undertake through review of the existing ESIA report in terms of: (i)

consistency and compliance with World Bank Operational Policy Environment

Assessment (OP/BP 4.01), Category A project requirements and the GoK laws and

regulations in order to identify existing gaps and update the ESIA; (ii) consistency with

respect to the project’s feasibility study and /or detailed engineering designs, RAP and /or

other similar project documents. The review and updating of the ESIA will build on and

be guided by the ESIA report prepared and disclosed in 2012.

The review and update for the subproject will be according to the following table of

content (Adapted from the World Bank OP 4.01, Annex B, Content of an Environmental

Assessment Report for a Category A Project):

The consultant shall review and update the existing ESIA to ensure it covers but not

limited to the following:

Task 1. Non-Technical Executive Summary:

The Non -Technical Summary should include:

Description of the proposed road subproject,

Rationale for the proposed subproject,

Geographical area that the project will influence

Any significant environmental and social impacts

Any Significant issues and opportunities

Summary of key findings of the environmental and social management plan,

KeNHA systematic approach to manage the environmental and social aspects

of the subproject including monitoring procedures

Task 2: Background:

This section should discuss:

explain the purpose of the ESIA and the timeline of its preparation

summarize available literature on the subproject and its potential impacts;

KeNHA will provide available literature to the Consultant, which will serve

as a starting point

make reference the Resettlement Action Plan (RAP) that has been prepared

for this subproject

7

Task 3: Detailed Description of the Proposed Project:

The Consultant will concisely describe:

the proposed project (construction, operations and decommissioning),

including the technology to be used and construction timeline

project ancillary facilities and potentially linked activities that may be

required (access roads, quarries, worker camps, and raw material or product

storage facilities)

geographic location and areas of traverse (provided by KeNHA)

Task 4: Policy, Legal, Regulatory and Institutional Framework

This section shall review and discuss the policy, legal, and administrative frameworks

within which the ESIA and ESMP will be carried out. Most particularly, the Consultant

will:

(i) Review Government of Kenya requirements and procedures for the

management of environmental and social issues, including labour, occupational,

health and safety requirements.

(ii) Describe the reporting requirements of the National Environmental

Management Authority (NEMA)

(iii) Review the requirements of the World Bank Safeguards Policies triggered under

NUTRIP , including the World Bank Group General Environmental, Health and

Safety (EHS) Guidelines and the Industry Specific EHS Guidelines for

Construction Materials Extraction. Toll Roads

(iv) Review the environmental, social and safety procedures of KeNHA

(v) Review and Analyse the gaps between the triggered World Bank Safeguards

Policies and Kenyans laws and regulations

(vi) State the compliance requirements that the Project must meet

(vii) Identify relevant international environmental agreements, conventions and

treaties to which Kenya is a party.

Task 5: Description of the Environmental and Socioeconomic Baseline

If required based on the review and gap analysis, the Consultant will collect, collate and

present additional baseline information on the existing environmental and socioeconomic

characteristics of, within and around the subproject sites/area of influence. The baseline

will:

(i) Present data directly relevant to decisions about subproject location, design,

8

operation, or mitigation measures, including:

o Physical environment (such as topography, landforms, geology, soils,

climate, air quality, and hydrology)

o Biological environment (including biodiversity, fauna, flora, animal

migration, endangered species, critical natural habitats, forests,

protected and sensitive areas)

o Socioeconomic and cultural environment (such as demography,

settlements, community structures, vulnerable and marginal groups,

sources and distribution of income, employment and labour markets,

land use, and cultural heritage).

o Stakeholder mapping including analysis of stakeholder influence and

stakeholder dynamics

o Baseline assessment of the community conflict dynamics, youth and

gender dynamics in the area.

(ii) Identify any changes anticipated before the project commences.

(iii) Take into account current and proposed development activities within the

subproject area but not directly connected to the subproject.

(iv) Collate available data from existing sources, and if necessary collect original

data. Include data directly provided and confirmed by relevant data sources,

such a Kenya National Household Survey (KNHS), county integrated

development plans, National Environment and Management Authority (NEMA)

and the County authorities.

(v) Identify and estimate the extent, quality, accuracy and reliability of available

data, key data gaps, and uncertainties associated with predictions, and specifies

topics that do not require further attention.

Task 6: Identify Potential Environmental and Social Impacts that could result

from the Project:

The Consultant shall review, analyze and describe all significant deviations from the

environmental and socioeconomic baseline that might be caused by the subproject,

including environmental and social impacts, both positive and negative.

During the analysis, the consultant shall consider both biophysical and socioeconomic

factors, such as (list is not exhaustive):

o Population change and migration

o Forms of social organization (ethnicity, clan/tribal structures and

minority groups,)

o Income sources and expenditure

o Household sources of income

9

o Gender-based violence

o Gender issues

o Population influx

o Labour issues and working conditions

o Community health and safety

o Conflict and social tensions

o Physical and social infrastructure

o Changes in economic activities

o Relocation and resettlement (make sure that information in the ESIA

are consistent with the RAP)

o Removal of structure/sites

o Development resources

o Improved access

o Water resources

o Accident rates

o Visual/aesthetic changes

o Vegetation clearance

o Mechanical disturbance

o Effects on flora and fauna, air quality, water quality and quantity.

o Occupational health and safety

o Sensitive receptors along the road corridor, ancillary facilities and

potentially linked activities

More specifically, the consultant will:

i. Predict and assess the subproject's potential positive and negative

environmental and social impacts (clearly articulated in respective sub-

sections for environmental and social impacts) that might change the baseline

conditions, in quantitative terms to the extent possible, during the

construction, operation and decommissioning phases.

ii. Differentiate between short, medium and long-term impacts, estimate the

magnitude of impacts, and identify generic both generic environmental and

social impacts and site-specific impacts.

iii. Identify mitigation measures and any residual negative impacts that cannot be

mitigated.

iv. Explore opportunities for environmental enhancement.

The identification of impacts for the subproject will be closely coordinated with the

updating of the Resettlement Action Plan to ensure coherence and comprehensiveness.

10

Task 7: Analysis of Alternatives to the Proposed Project

The consultant will:

(i) Systematically compare feasible alternatives to the proposed road alignment

and associated ancillary facilities, such as alignment, technology, design, and

operation - including the "without project" situation -in terms of their potential

environmental and social impacts; the feasibility of mitigating these impacts;

their capital and recurrent costs; their suitability under local conditions; and

their institutional, training, and monitoring requirements.

(ii) For each of the alternatives, quantify the environmental and social impacts to the

extent possible, and attaches economic values where feasible.

(iii) State the basis for selecting the subproject design proposed.

Task 8: Public Consultation and Disclosures

The Consultant will carry out two rounds of public consultations (in line with the

Worldbank category A project requirements) for the subproject, to collect the concerns,

expectations, and opinions of affected, concerned and interested stakeholders for the

subproject.

A robust stakeholder mapping and analysis will be undertaken, that will guide the

preparation of the Stakeholder Engagement Plan (SEP) for the ESIA. Stakeholders to be

consulted must include Kenya Railways, Kenya Airports Authority, Kenya Prison

Service and NEMA, respective Kisumu County Government, NGOs/CSOs, and

local/impacted communities among others.

Disclosure of the ESIA report will be in a manner, form, and language that are

understandable, and will be accessible, to enable full public participation.

The Consultant will carry out public participation and consultations on the positive and

negative impacts of the proposed subproject

The Consultant shall:

i. Take into account the concerns, expectations and opinions of consulted

stakeholders in the final ESIA report.

ii. The consultant will document the public consultations, including consultation

dates, venues, list and signatures of attendees, photos of consultation sessions, a

summary of both the positive and negative concerns of the stakeholders, and how

these concerns, expectations and opinions are incorporated into the final design of

the subproject.

iii. The Consultant will be responsible for public disclosure of the ESIA once the

documents have been approved.

11

Task 9: Development of the Environmental and Social Management Plan

(ESMP)

The Consultant shall review the Environmental and Social Management Plan (ESMP)

prepared for the ESIA, and update the ESMP to address any inconsistencies and gaps

with generic construction measures and site-specific measures.

The ESMP will provide time frames and implementation mechanisms, reporting

responsibilities, description and technical details of monitoring measures, assessment of

the institutional needs, staffing requirements and cost outlay for implementation. The

plan will show how management and mitigation methods are phased with subproject

implementation. The plan will also include measures to prevent health hazards and to

ensure safety in the working environment for the employees and the communities

adjacent to the subproject sites and subproject affected people.

The ESMP will propose:

Individual mitigation and monitoring measures during both construction,

operation, and decommissioning, assign institutional responsibilities, and

estimate the resources required for its implementation.

Measures for preventing, minimizing, mitigating or compensating for the

adverse environmental and social impacts and enhancing beneficial impacts,

including costs of the measures and monitoring requirements.

ESMP will be prepared according to the format (adapted from World Bank OP 4.01,

Annex C, Environmental management plan (EMP) as necessary.

a. Mitigation Plan

The Consultant will identify feasible and cost-effective measures to avoid the potentially

significant adverse environmental and social impacts identified in the subproject ESIA, or

otherwise reduce them to acceptable levels. The Consultant will propose compensatory

measures for residual impacts if mitigation measures are not technically feasible, cost-

effective, or sufficient, and will explore opportunities for environmental enhancement.

The plan distinguishes between the construction and operations phases.

The mitigation plan will:

i. Identify and summarize all anticipated significant adverse environmental and

social impacts (including those of involuntary resettlement) and define both

generic and site specific environmental and social mitigation measures during

construction and operation.

ii. Provide technical details for each mitigation measure, including the type of

impact to which it relates and the conditions under which it is required (e.g.,

continuously or in the event of contingencies), together with designs, equipment

12

descriptions, and operating procedures, as appropriate.

iii. Include emergency/disaster preparedness plans.

iv. Describe with details other plans that will be required during the construction and

operation phases (e.g. Contractor ESMP, Occupational Health and Safety plans

Waste management plan and labour influx plan).

v. Estimate any potential environmental and social impacts of these measures.

vi. Provide linkage with any other mitigation plans (e.g., for involuntary resettlement

and cultural property) required for the subproject.

vii. Include additional data collection to fill identified data gaps.

b. Contractor clauses

The section will cover worksite health and safety, the environmental and social

management of construction sites; labour camps/out of area workers, HIV/AIDS and

other Sexually Transmitted Diseases (STDs), stakeholder engagement plans, grievance

redress mechanism, child protection, gender equity and sexual harassment, labour rights

and the employment of community members.

The Consultant will:

Define standardized environmental and social clauses that KeNHA will include in

supply and installation bidding documents and contracts for the construction and

supervision consultants, to ensure satisfactory environmental, social, health and

safety performance of contractors. The clauses will cover possibly six issues

i. Environment, Health and Safety (EHS)

ii. Environmental and social monitoring by contractor

iii. Environmental and social liabilities

iv. Grievance mechanism for workers

v. Stakeholder engagement plans

vi. Child protection strategy

c. Monitoring Plan

i. Defines monitoring objectives and indicators, and specifies the type of

monitoring, with linkages to the impacts assessed in the ESIA report and

the mitigation measures described in the ESMP.

ii. Provides: (a) a specific description, and technical details, of monitoring

measures, including responsibilities (KeNHA, Supervision

Engineer/Consultant and Contractor ), the parameters to be measured,

methods to be used, sampling locations, frequency of measurements,

detection limits (where appropriate), and a definition of thresholds that

will signal the need for corrective actions; and (b) monitoring and

reporting procedures to ensure early detection of conditions that

necessitate particular mitigation measures, and to furnish information on

the progress and results of mitigation.

13

iii. Includes compliance monitoring of the socioeconomic impact related to

the concerns raised by individuals and communities affected by the

subproject.

d. Institutional Arrangements

i. Review the institutional arrangements, responsibilities, and procedures

within KeNHA, Supervision Engineer/Consultant and its contractor to

carry out each of the mitigatory and monitoring measures (e.g., for

operation, supervision, enforcement, monitoring of implementation,

remedial action, financing, reporting, and staff training).

ii. Describes the role of NEMA in monitoring the implementation of the

ESMP and in certifying compliance.

iii. Includes training of contractors and Supervision Engineer/Consultant

regarding the environmental and social clauses that apply to them.

iv. Estimates the resources required by KeNHA to implement and monitor the

ESMP, such as level of effort (LOE), and equipment.

v. As necessary, proposes capacity building, additional technical support or

organizational changes, to ensure the timely and effective implementation

of the ESMP.

e. Grievance Redress Mechanism

i. Review the proposed GRM procedures for receiving, handling and resolving

complaints from affected individuals and communities (this should be

discussed and consulted upon during the public consultation process).

f. Implementation Schedule and Cost Estimates

i. Implementation schedule for mitigation measures that must be carried out as

part of the subproject, showing phasing and coordination with overall

subproject implementation plans.

ii. The capital and recurrent cost estimates and sources of funds for

implementing the ESMP.

g. Chance Find Procedures

Describe briefly the ‘Chance Find’ procedures to ensure preventive and mitigation

measures are formulated and implemented in the event physical cultural resources

are encountered during subproject implementation. However, the fully ‘Chance

Find’ procedures shall be included as an annex to the ESIA report.

Appendices

List of ESIA report preparers-individuals and organizations.

(ii) References-written materials both published and unpublished, used in study

preparation.

14

Record of interagency and consultation meetings, including consultations for

obtaining the informed views of the affected people and local nongovernmental

organizations (NGOs). The record specifies any means other than consultations

(e.g., surveys) that were used to obtain the views of affected groups and local

NGOs.

List of associated reports (e.g., Resettlement Action Plan and Design Reports

e.tc.)

5.0 Facilities to be provided by the KeNHA

The Client will provide the following subject to availability:

I. Latest/updated project feasibility and engineering design documents

II. ESIA Report

III. RAP report

IV. Access to other relevant information to the extent of its availability

V. Access to the project site and other sites belonging to the Client as the

Consultant may request

The consultant shall be assisted by the Client in any needed consultation/coordination

with the project engineering and design teams and the RAP team.

6.0 Consultant’s Minimum Qualification and Team Composition

The Consultant will ensure that there will be a sociologist working with him/her on this

review and updating of the ESIA.

a. Environmental Specialist/Team Leader

At least a Master’s Degree in Environmental Management or Environmental

related training from a recognized University

NEMA Registered Lead Expert

Minimum overall experience of 15 years, with at least 5 years’ experience on

similar projects in sub-Saharan Africa

Participation in an ESIA for large infrastructure project that met the

requirements of an International Financial Institution, such as the World Bank,

IFC , JICA, KfW, AfDB, or EIB

Registration and/or membership of professional field and valid annual

operating license will be an added advantage

15

b. Social Specialist

At least a Master’s Degree in Social Sciences or related training from a

recognized University

Minimum overall experience of 10 years, with at least 5 years’ practical

experience on similar projects in sub-Saharan Africa

Participation in ESIA for large infrastructure project that met the

requirements of an International Financial Institution, such as the World

Bank, IFC , JICA, KfW, AfDB, or EIB

He/she should should be conversant with the World Bank safeguard policies.

7.0: Reports and Time Schedules

Commencement

The Consultant shall commence the ESIA review and updating within seven (7) calendar

days of the effective date of signing of the contract with the Client.

Reports

The Consultant shall prepare and submit the following reports to the Client. All reports

shall be in English and prepared on A4 metric size.

I. Inception Reports: This reports shall summarize the initial findings and give

defined proposals covering the methodologies to be employed for different tasks

for the ESIA, and a detailed work program of all major activities of the

assignment (3 No. Hard copy and 2No. Soft copy to Client for each report).

II. Draft Final Reviewed and Updated ESIA Reports: This reports shall

summarize the findings, analyses, results and recommendations of the study, and

shall contain all supporting materials - (3 No. Hard copies and 2 No. Soft copies

to Client for each reports).

III. Final Reviewed and Updated ESIA Reports: This reports shall incorporate all

revisions deemed necessary arising from comments received from the Client and

the Financier following discussions and agreement from the client and the

Consultant – (6 No. Hard copies and 3No. Soft copies to Client for each

reports).

IV. Stand-alone non-technical Executive Summary for the Environment and Social

16

Impact Assessment Report

Format of the Reports

The reports shall be provided in CD-ROM in Microsoft Word for text, Microsoft Excel

for tables/graphs and spread sheets and AutoCAD for drawings.

Submission of Reports

The above reports shall be submitted to:

Director (Development)

Kenya National Highways Authority

Blue Shield Towers

P.O Box 49712-00100

NAIROBI

Implementation Time Schedule

The expected schedule of the assignment is as follows:

a) The Consultant shall commence the ESIA review and updating within seven

(7) calendar days of the effective date of the contract. The effective date shall

be the date on which the Consultancy agreement shall be signed by the Client.

b) The review and updating Consultancy will take a total of Eight (8) weeks

c) The following tentative time schedule shall be observed in carrying out the

studies:

Activity Month

Responsibility

(i) Effective Date of Contract M+0 KeNHA

(ii) Commencement of Services M+0.25 Consultant

(Reviewed and Updated ESIA Report)

(iii) Inception Report M+0.5 Consultant

(iv) Draft Final Report M+1.5 Consultant

(v) Reviews of Draft Final Report M+2.5 KeNHA &WB

(vi) Final Report M+3 Consultant

17

The consultant is expected to indicate clearly assignment critical milestones, with timing

for each activity; taking into account the duration of the entire project implementation

period.

In addition to the above, the Consultant would, however, outline the scheduling of

activities for the ESIA update.

18

References

The World Bank has designated 10 Operational Policies as environmental and social

Safeguard Policies. NUTRIP triggers the safeguard policies on Environmental

Assessment (OP/BP 4.01, Physical Cultural Resources (OP/BP4.11), and Involuntary

Resettlement (OP/BP 4.12).

The World Bank Group Environment, Health and Safety (EHS) guidelines are referenced

in footnote 1 of OP 4.01. They are technical reference documents with general and

industry-specific examples of Good International Industry Practice (GIIP). They define

acceptable pollution prevention and abatement measures and emission levels in World

Bank financed projects. The General Environment Health and Safety (EHS) Guidelines

and the Guidelines for Toll Roads are applicable to NUTRIP.

The relevant Kenyan environmental legislation and regulations include EMCA Act, 1999

as amended in 2015 and the Constitution of Kenya, 2010.

Environmental & Social Impact Assessment study report for the proposed construction of

Kisumu Northern Bypass, 2011

Resettlement Action Plan(RAP) report for the proposed for the proposed construction of

Kisumu Northern Bypass, 2011