Group 2 Environmental Audit Report
Group 2 Environmental Audit Report
Group 2 Environmental Audit Report
Location
Africa Nazarene University
Magadi Road
Ongata Rongai
Kenya
GPS Coordinates -1.3939,36.7442
20th November 2021
This Environmental Audit (EA) is carried out in conformity with the requirements of the
Environmental Management and Co-ordination Act, 1999 CAP 387,Environmental (Impact
Assessment and Audit) Regulations, 2003
GROUP 2 EIA MEMBERS
This environmental audit was conducted on 20 th November, 2021 at ANU grounds aimed at
understanding the current status of the university and its compliance with organizational guidelines
and the existing legal framework. It was conducted through interviews both on phone and one-on-
one with the respondents and open ended-questionnaires. Other than interviews and questionnaires,
focused group discussions were also conducted. Observation and public participation were other
methods employed in this study. These methods were employed selectively and distinct from each,
at different timelines and as the varying circumstances dictated. The data gathered was cleaned and
verified for conformity and objectivity with the study objectives. Validity and reliability tests were
also conducted. Thematic and content analysis methods were used in data analysis while it was
presented through descriptions, pictorial presentation, tables and charts.
CHAPTER 2: LEGAL FRAMEWORK
Kenya's Government environmental policy aims at integrating environmental aspects into the
national development plans. The broad objectives of the national environmental policy include:
● Optimal use of natural land and water resources in improving the quality of human
environment;
● Sustainable use of natural resources to meet the needs of the present generation while
preserving their ability to meet the needs of the future generation;
● Integrate environmental conservation and economic activities into the process of sustainable
development;
● Meet national goals and international obligations by conserving biodiversity, arresting
desertification, mitigating the effects of disasters, protecting the ozone layer and maintaining
ecological balance on the earth.
EIAs are carried out in order to identify potential positive and negative impacts associated with the
proposed project with a view to taking advantage of the positives impacts and developing mitigation
measures for the negative ones. The guidelines on EIAs are contained in sections 58 to 67 of the
Act. According to section 68 of the environmental management and coordination Act (EMCA)
1999, The Authority shall be responsible for carrying out environmental audits on all activities that
are likely to have a significant effect on the environment.
Environmental auditing (EA) is a tool for environmental conservation and has been identified as a
key requirement for existing facilities to ensure sustainable operations with respect to
environmental resources and socio-economic activities in the neighborhood of the facilities.
The government has established regulations to facilitate the process of EIAs and environmental
audits. The regulations are contained in the Kenya Gazette Supplement No. 56, legislative
supplement No. 31, and legal notice No. 101 of 13th June 2003.
In the past, the government has established a number of National policies and legal statutes to
enhance environmental conservation and sustainable development.
Some of the policy and legal provisions are briefly presented in the following subsections.
2.1.1 Policy Paper on Environment and Development (Sessional Paper No. 6 of 1999):
To ensure that from the onset, all development policies, programmes and projects take
environmental considerations into account, To ensure that an independent environmental impact
assessment (EIA) report is prepared for any industrial venture or other development before
implementation,
To come up with effluent treatment standards that will conform to acceptable health guidelines.
Under this paper, broad categories of development issues have been covered that require a
“sustainable development” approach. These issues relate to waste management and human
settlement. The policy recommends the need for enhanced reuse/recycling of residues including
wastewater, use of low or non-waste technologies, increased public awareness rising and
appreciation of a clean environment. It also encourages participation of stakeholders in the
management of wastes within their localities. Regarding human settlement, the paper encourages
better planning in both rural and urban areas and provision of basic needs such as water, drainage
and waste disposal facilities among others.
Legal Aspects
The key national laws that govern the management of environmental resources in the country have
been briefly discussed in the following paragraphs. Note that wherever any of the laws contradict
each other, the Environmental Management and Coordination Act 1999 prevails.
Part II of the Environment Management & Coordination Act, 1999 states that every person in
Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the
environment. According to section 58 of the Act an Environmental impact assessment study needs
to be carried out on projects specified in the second schedule of the Act that are likely to have a
significant impact on the environment. This project is considered to fall under the second schedule
of the Act. Part VII, section 68 of the same Act requires operators of projects or undertakings to
carry out environmental audits in order to determine level of conformance with statements made
during the EIA. The audit report should be submitted to NEMA.
This regulation is referred to as “The Environmental Management and Coordination (Air Quality)
Regulations, 2014”. 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 such as mobile sources and stationary sources (e.g. power generators)
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.
Section 78(1) (b) – provides for the establishment of emission standards for various sources such as
mobile sources and stationary sources. The National Environment management Authority in
consultation with relevant lead agencies set permissible levels and review them from time to time.
Part II. General prohibitions: 3.(1) Except as otherwise provided in these regulations, no person
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.
(2).In determining whether noise is loud, unreasonable, unnecessary or unusual, the following
factors may be considered-
(e).Whether the noise has been enhanced in level or range by any type of electronic or mechanical
means; and,
(f).Whether the noise can be controlled without much effort or expense to the person making the
noise.
(3).Any person who contravenes the provisions of this Regulation commits an offense.
Part IX, Section 115 of the Act states that no person/institution shall cause nuisance or condition
liable to be injurious or dangerous to human health. Section 116 requires Local Authorities to take
all lawful, necessary and reasonably practicable measures to maintain areas under their jurisdiction
clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous
to human health.
Such nuisance or conditions are defined under section 118 waste pipes, sewers, drains or refuse pits
in such a state, situated or constructed as in the opinion of the medical officer of health to be
offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any
premises into a public street or into the gutter or side channel or watercourse, irrigation channel or
bed not approved for discharge is also deemed as a nuisance.
The County Government Act was enacted in 2012 to give effect to chapter eleven of the
constitution of Kenya (2010) and to provide for county governments powers, function and
responsibilities to deliver services and for connected purposes. The county government act repealed
the local Government act and took up transferred the function of the Local authorities to the county
Government. The proponent is within the Jurisdiction of Mombasa
County and is affected by all legislations passed in the county and will comply with all the laws
passed by the county.
Section 30 states that any person who carries out development without permission will be required
to restore the land to its original condition. It also states that NO other licensing authority shall grant
license for commercial or industrial use or occupation of any building without a development
permission granted by the respective local authority.
Finally, section 36 states that if in connection with a development application, local authority is of
the opinion that the proposed development activity will have injurious impact on the environment,
the applicant shall be required to submit together with the application an environmental impact
assessment (EIA) report. EMCA, 1999 echoes the same by requiring that such an EIA is approved
by the National Environmental Management Authority (NEMA) and should be followed by annual
environmental audits.
2.2.7 The Land Planning Act (Cap. 303)
Section 9 of the subsidiary legislation (The development and use of land regulations 1961) under
this Act requires that before the local authorities submit any development plans to the Minister for
approval, steps should be taken as may be necessary to acquaint the owners of any land affected by
such plans.
Particulars of comments and objections made by the landowners should also be submitted. This is
intended to reduce potential conflict between the interests of the authorities and those of land
owners in respect of settlement, social and economic activities.
Section 194 requires that where a sewer exists, the occupants of the nearby premises shall apply to
the local authority for a permit to connect to the sewer line and that all wastewater must be
discharged into the sewers. The code also prohibits construction of structures or buildings on sewer
lines.
Section 191 of the Penal Code, states that any person or institution that voluntarily corrupts or foils
water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offense.
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/institutions in dwellings or business premises in the
neighborhood or those passing along public way commit an offense.
2.2.10 Others
EMCA (Noise and Excessive Vibrations The proponent had conducted annual noise
Pollution Control) Regulations, 2009 level measurements in April 2021 through BV
Services( Kenya) Ltd
Factories and other places of work Act (2007) ● The proponent has constituted and
Risk reduction rules trained a OSH committee
● Had constituted and trained a
firefighting team
● Had constituted and trained a first aid
team
● Covid-19 measures were being
implemented and observed
● Fire emergency evacuation drills had
been conducted at the workplace
Occupational Safety and Health Act, 2007 The proponent has complied with most of the
provisions of this ACT.
● The work place is registered as a
workplace and issued with a certificate
● Had conducted thorough annual health
and safety audit, risk assessment audit
and fire safety audit.
County government Act, 2012 The County government had issued the facility
with business permit which is renewed annually
Physical planning act The facility plans were approved and blue
prints are documented
Land planning Act The company has all the legal documents of
land ownership as required by the Ministry of
lands
3.1. Introduction
Public participation is a process to involve those who are directly and indirectly affected by the
project in the decision-making process, promoting sustainable decisions by providing the public
involved with the information they need to be involved in a timely and meaningful way. It is an
integral part of the Environmental Audit (EA) as provided for in the Constitution of Kenya, 2010,
the Environmental Management and Coordination Act, 1999 and the Environmental Impact
Assessment and Audit Regulations 2003.
1. Inform and create awareness among the relevant stakeholders about the ongoing
environmental audit, its key components and impacts of the project.
2. Gather comments, concerns and suggestions of the interested parties.
3. Ensure that the concerns of the stakeholders are well known to the decision-making bodies
at this stage of the audit.
4. Establish a communication channel between the stakeholders, the environmental consultants
and the decision-makers in the University.
5. Incorporate the information collected in the audit report.
The purpose for this process was to identify the positive and negative impacts of the project and
subsequently suggest mitigation measures that incorporate the stakeholders’ views.
3.3. Methodology used in the Public Participation
The consultancy team engaged the stakeholders according to the NEMA regulations. The following
methods were used:
● Printed questionnaires - the stakeholders were presented with open ended questionnaires
about various aspects in the university including Pollution Control, Air Quality, Noise and
Solid Waste Handling
● Oral Interviews - the consultants interviewed stakeholders on their opinions regarding the
running of the university, particularly on the items listed above that directly affect the
environmental quality.
The environmental audit focused on various aspects on the institution, which included the following
To achieve the above, the team audited the administration block which consist of the offices,
library, computer labs, lecture rooms/halls, staff accommodation and kitchen/dining areas.
a) Environmental quality
ANU has solid waste generated from various points including the Kitchen, construction site (scrap
metals, timber, among others), the library, computer labs and administration brock (including pater,
E- waste, wooden, metallic, glass, etc), the clinic (Clinical waste, drugs, among others). The audit
team observed the following aspects.
In the dining area, bins were placed at strategic areas. Waste segregation was not done at the source
of collection. At the holding area, the waste was packed in gunny bags and seemed to overstay
before been evacuated for disposal. A lot of scavenger birds were seen all over, which posed a
health risk. A lot of flies were also evident in the holding area and strong odour which were again a
health risk to the institution and the surrounding community as well as an environmental hazard.
The classroom generated solid waste in the form of papers. However, there were no waste paper
bins within the classroom as expected.
There is a general dumping site that was used by ANU, which was observed not to be well managed
since a lot of waste was scattered all over. Dumbing and burning of hazardous material/substances
and sharp objects in the open was observed to be done. Mixed waste including glass, metal, paper,
among others was observed at the dump site.
ANU also has an incinerator for burning solid waste, which was also not maintained as expected.
The incinerator door was open which is a safety risk.
Collection waste was not carried out frequently as required under NEMA regulations. At the
Kitchen Holding area scavenger birds were seen all over, which posed a health risk. Strong odour
and Flies were also observed in the Kitchen waste holding area which exposed the institution and
neighbouring community to environmental hazards.
Some medical wastes were also observed in the general dumping site and near the incinerator as
opposed to the requirements and general management of such waste.
Improper disposal and storage of furniture (either broken or otherwise) was noted as desks and
chairs were scattered/placed along any available corridor space. This is likely to become a hazard to
the institution population.
The two kitchens have a waste water drainage system as well as hand washing stations with soap
and running water. However, kitchen 2 had a dysfunctional and smelly manhole next to the main
entrance. The ablution blocks are connected to a central sewer system which drains into open
lagoons downstream the university administration blocks. No leakages were observed in the system.
ANU administrative blocks and other facilities were served by several sanitation facilities or wash
rooms, which were considered to be adequate for the institution population at any given time. They
were connected to the central sewerage system.
There are ventilations in all the rooms including lecture rooms, dining areas, library and
administrative offices. These were in the form of windows, doors and ventilation spaces. The
classrooms have large windows which allows warm air to escape on the higher side while cool air
comes in on the lower side. Minimal dust was observed, though the audit exercise took place during
the rainy season.
The covid 19 protocols were observed by all. The kitchen staff had the requisite attire, they also
underwent periodic health procedures as per the requirement of public health regulations. However,
individual medical certifications/documents were not verified/produced during the audit exercise.
water was sourced from the municipal supply, local boreholes and roof harvesting of rainwater. A
local damming of Kandisi River using a weir was done to supplement the water needs in the
institution especially for watering the grass and other vegetation. Both kitchens had clean drinking
water dispensing points accessible to the visitors in the dining hall. The drinking water was treated
within the university in a secured treatment plant.
iii. COVID-19
Covid 19 protocols were observed at all points of the institution with signages located in all rooms
and corridors. For example, the kitchen workers and the students/visitors entering the dining halls
were expected to wear facemasks. The arrangement of tables and chairs were in line with the MOH
protocols both in the kitchen and the lecture rooms. The classroom seats were arranged
approximately two meters from each other which provided sufficient space as per the MOH
regulations to reduce the spread of Covid-19.
However, common places should be sanitized or cleaned frequently to avoid contamination and
obvious infections.
iv. Noise
The classrooms are located within the large complex. The noise levels are within the required limit.
However, in the open field, since the institution was laying within the extent of the landing paths of
both JKIA and Wilson Airport, a lot of noise was evident.
v. Safety issues
The handling and storage of LPG was in line with laid down safety procedures, i.e., in an open
secluded place and piped to the kitchen. No issue of concern was observed. The staff members were
trained in fire prevention and fighting measures; however, the details for the training were not
availed to the EA team to verify
The fire extinguishers were strategically placed, inspection details were also displayed in the
common rooms. No fire blankets were observed or seen in the kitchen.
In the lecture rooms, the primary source of lighting is natural light which is supplemented by
electricity. All the bulbs were fully functional although some sockets were open with naked wires
which could be a source of danger. Paint on some sections of the walls was peeling off due to
moisture ingress through the walls. This indicates a waterproofing problem around the wall.
The lecture room has doors opening to the inside which is not practical in times of emergency. This
can hamper movement of students during such cases. Most of the rooms have two entrances/exits
which are sufficient as per the number of students. The entrances lacked ramps to aid movement of
people with disabilities.
Fire exit and assembly points were well labelled and defined in case of emergency in various
common areas.
Vii. Security
There was a presence of security guards at the entrance of the building and inside the administration
block to enhance security in the area.
The institution is a Christian sponsored, worship rooms were observed. High Christian moral
standards were observed in all aspects. Play areas and entertainment facilities were also observed
within the institution.
No data was provided, however, the ratio of female employees to that of male was observed to
be average.
II). PWDs
Facilities for PWDs were not observed in most of the various facilities. There was need to
improve on this in order to smoothly facilitate the movement of PWDs in the institution.
III). HIV/AIDS
There was no indication of any HIV/AIDS related intervention in the institution. It is important
to carry out HIV/AIDS programs targeting the students and workers as well as the neighbouring
community.
CHAPTER 5: MITIGATION MEASURES
5.1 Introduction
From the results, the institution needs to put in more efforts to correct the anomalies, and ensure
that it remains compliant to the regulations, and at the same time guaranteeing the safety and
wellbeing of the personnel accessing its facilities.
The efforts the institution needs to implement are in the form of an environmental management plan
(EMP). This plan allocates responsibilities to contain the impacts, and the potential cost outlay.
1. KITCHEN
2. Classroom
waste paper place at least every three institution 50,000 after the close
bins two waste bins months of the
in every (semester) semester, the
classroom bins should be
-encourage inspected since
students to be most of them
responsible might still be
and take care in good
of the class condition
environment
3. Dumping
site
4.
Administratio
n block
From the EMP, most of the responsibilities lie with the institution, but other stakeholders like the
students and the staff also have a crucial role to support the institution in implementing some of
these measures. Nevertheless, these measures serve only guidelines as other measures that are
deemed appropriate may be deployed, so long as they yield results consistent with set standards.
CHAPTER 6: CONCLUSIONS AND RECOMMENDATIONS
6.1 Conclusion
As a requirement of the EMCA- Cap 387 and its subsidiary Environmental Impact Assessment and
Environmental Audit, on such projects, the contractors have prepared an audit report for the
proposed hydroponic farming project in accordance with the EMCA- Cap 387. This report has been
prepared by Fine Tech and relates to an environmental audit of the site located at Africa Nazarene
University in Ongata Rongai, Kajiado county. Africa Nazarene University has been operating on
general good practices as they have complied to some NEMA regulations and requirements of the
Environmental Management and Co-ordination Act (EMCA), 2015 and the Environmental (Impact
Assessment and Audit) Regulations 2003. However, there is a need to implement measures to
achieve a friendly environment and a positive social impact on the users both within and outside of
the facility.
6.2 Recommendations
In order to ensure socially inclusive, environmentally friendly and economic benefits, the stated
environmental management mitigation measures should be put to action.
The proponent should be committed to putting in place measures to mitigate the identified 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 Environmental Management and Monitoring Plan 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 in Kenya.
The proponent should ensure that the environmental issues connected with solid waste management
are resolved. As per the findings on the audit report, the waste collection was not carried out
frequently as required by NEMA and could pose a health risk to the public and the issue of strong
odor and flies that were observed in the kitchen waste holding area exposed the institution and
neighboring community to environmental hazards. The proponent should ensure that mitigations
such as redesigning the incinerator to be able to handle all waste types, ensure solid waste is
collected or destroyed immediately before they pile up on issues associated with waste collection
and segregation are addressed immediately before any social conflict issues arise from the
community residents.
In the report, certain conditions within the administration block need to be monitored and
maintained such as the fire extinguishers that can cause risk of fire safety should be serviced yearly
and asset disposals. The institution needs to put in more efforts to correct the anomalies, and ensure
that it remains compliant to the regulations, and at the same time guaranteeing the safety and
wellbeing of the personnel accessing its facilities.
The proponent should enhance public participation through regular community engagement and
conduct sensitization campaigns to create awareness on the project implementation within the
institution and community residents.