Water Act, 2002 The Government of formulated the National Policy on water Resources management in 1999. This was on realizing that the arrangement then on water supply was inappropriate. The national Water Policy has four broad objectives viz: To preserve, conserve and protect available resources and allocate them in a sustainable, rational and economic way; To supply water of good quality and in sufficient quantities to the various water needs, while ensuring safe disposal of waste water and environmental protection; To establish an efficient and effective institutional framework to achieve a systematic development and management of the sector promoting and supporting participation of users; To develop a sound and sustainable financing mechanism for effective water supply and sanitation development. The National Policy on Water eventually gave birth to the Water Act 2002 whose main focus is: Provisions for involvement of the private sector in water services Setting up a Water Regulator and Water Boards to ensure that water will be adequately distributed to all parts of the country; Provision to allow communities to run water projects. Water Act 2002, is to provide for the management, conservation use and control of water resources and for the acquisition and regulation of rights to use water; provide for the regulation and management of water supply and sewerage services; to repeal the Water Act (Cap 372) and certain provisions of the Local Government Act; and for related purposes. In Kenya water is regarded as a national resource and therefore owned by the state for and on behalf of the people (Section 3). Thus the Minister in charge of water is empowered under the Act to control, plan and regulate the use of water. Further the Minister is vested with the duty to promote investigations, conservation and proper use of water. The Act has set up subsidiary bodies with power to operate and regulate functions assigned to them by the Act such bodies include National water conservation and pipeline corporation and water resources management authority. The Act further gives conditions
possible to the construction site thus reducing the emissions from vehicular traffic. All waste must be transported off-site for processing, not burnt or stored for any longer than is absolutely necessary. Soil erosion and contamination Only remove vegetation from areas for the storm water drain as far as possible the traversing of bare soil by vehicles to reduce soil compaction; Designate a main access route for heavy machinery; Avoid site Preparation in period when wind velocities are highest. Areas storing hazardous substances such as diesel must be properly contained in a bunded area (With capacity to contain 1 ½ times the amount of substances stored. This area must be situated away from project activities and Civil Engineer and Contractor Throughout the construction period 1,000,000
quarries delivery and storage Contractor(s) Supervision transportation Wastes generation and disposal Construction Responsibility Contractor(s) Supervision Number of complaints from community not happy with waste management of the contractor Throughout Storage site Construction Responsibility Contractor(s) Supervision Number of complaints from community not happy with waste management of spoil material Throughout Occupational Health and Safety All work Responsibility Contractor(s) Supervision Accidents occurrence incidences Throughout Storage of fuel oils, lubricants, chemicals and flammable materials All work areas Responsibility Contractor(s) Supervision Incidence of reported cases of fuel leaks and fire incidences Throughout Sanitation issues resulting from both solid and liquid wastes on site. All work areas Responsibility Contractor(s) Supervision Incidence of reported cases of water related diseases among the workforce and neighbour community Throughout Noise and Vibration control from plant and equipment civil works areas and access roads Responsibility Contractor(s) Supervision engineer Reported complaints from neighbour community and institutions Throughout Traffic management on site civil works areas and access roads Responsibility Contractor(s) Supervision engineer Accidents occurrence incidences Throughout Air Quality Control All work areas Responsibility Contractor(s) Supervision of respiratory complication at nearby health centre Throughout Contractor and site reinstatement All work Responsibility Contractor(s) Closeout report findings Throughout
Delineate the discovered site or area; Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; Notify the supervisor, Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archaeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage.