NECSA Kenya's Memorandum on the Environmental and Social Impact Assessment (ESIA) for the Proposed Riruta-Ngong Meter Gauge Railway (MGR) Commuter Line
- Category: NECSA Memoranda
- Date 25-09-2024
The National Environment Civil Society Alliance of Kenya (NECSA-K), an umbrella organization comprising over 100 Civil Society Organizations (CSOs), NGOs, and advocacy groups, has a mission to advocate for the sustainable management of natural resources, prioritizing both environmental conservation and human well-being. Recently, NECSA-K reviewed the Environmental and Social Impact Assessment (ESIA) study report for the proposed Riruta-Ngong Meter Gauge Railway (MGR) Commuter Line. This memorandum was crafted in response to the findings of the ESIA report, highlighting areas of concern, recommendations, and legal compliance issues.
Background
The Riruta-Ngong MGR project is proposed to span across Nairobi and Kajiado Counties, aiming to improve commuter rail services within these regions. The ESIA report was submitted for public review in August 2024, although the project itself had been commissioned in December 2023, raising significant concerns about the adherence to Kenya’s Environmental Management and Coordination Act (EMCA), 1999. According to EMCA, an environmental study should precede any project commencement, but this project was initiated without adhering to the stipulated processes.
Legal Compliance and Public Participation
One of the core issues identified by NECSA-K is the project’s violation of legal requirements under EMCA. By initiating the project before the ESIA report was made public, the Kenya Railways Corporation (KRC) breached the law. NECSA-K strongly recommends that both NEMA and KRC engage with their legal teams to address potential penalties and ensure future compliance.
Moreover, the public participation process, a critical component of environmental governance, was found lacking. The ESIA report indicates that the project was approved prior to any meaningful public engagement. Furthermore, the views of certain stakeholders, such as flower vendors, were underrepresented, leading to a skewed assessment of public opinion. NECSA-K emphasizes the need for a more inclusive and thorough stakeholder engagement process to ensure the project garners broad-based support.
Project Integration with County Development Plans
The Riruta-Ngong MGR project is conspicuously absent from both the Nairobi City County Integrated Development Plans (CIDPs) for 2018–2022 and 2023–2027, as well as the corresponding Kajiado County plans. The project's lack of alignment with these key strategic documents raises questions about its long-term sustainability and the extent to which it addresses the actual transport needs of these counties. NECSA-K recommends that the project be integrated into these county plans to ensure coordinated development and efficient use of resources.
Environmental and Safety Standards
The ESIA report was criticized for its inadequate consideration of fire and safety standards. NECSA-K insists that all station buildings and related infrastructure must comply with Kenya's building regulations, including the National Building Regulations 2009 and 2015, as well as international best practices such as BS 9999:2008, which focuses on fire safety in building design and management.
In addition, the report fails to adequately address the need for continuous environmental monitoring post-construction. NECSA-K highlights the importance of ongoing assessment to identify and mitigate any negative environmental and social impacts that may arise during the project’s operational phase.
Climate Change and Environmental Impact
NECSA-K’s analysis of the ESIA report revealed a significant oversight in its discussion of the project’s impact on climate change. While the report briefly mentions the effects of climate change on the project, it fails to adequately assess how the project itself will contribute to climate change. Given that the Riruta-Ngong MGR is classified as a high-risk project, NECSA-K calls for a more detailed examination of its potential environmental footprint, including greenhouse gas emissions, particularly since the trains will be powered by diesel rather than cleaner energy sources.
Project Design and Safety Considerations
Another area of concern is the lack of adequate provisions for pedestrian safety. The current project design does not include footpaths or overpasses, which are essential to prevent accidents and ensure the safety of commuters and pedestrians alike. NECSA-K urges the project proponents to revise the design to incorporate these critical safety features.
Additionally, the proximity of Lenana Primary School to the railway line poses a risk of noise pollution and disruption to school activities. NECSA-K recommends that KRC implement noise reduction measures to safeguard the learning environment for the students.
Biodiversity and Ecosystem Preservation
The ESIA report’s treatment of biodiversity and ecosystem preservation is deemed insufficient by NECSA-K. The report fails to provide a comprehensive survey of the flora and fauna within the project area, particularly in the Ngong Road Forest. The planned removal of endangered plant species, such as Brachylaena huillensis (Silver Oak), without adequate justification, is a major concern. NECSA-K insists that the project should prioritize the preservation of endangered species and natural habitats, aligning with Section 51 of EMCA, which mandates the protection of biodiversity in situ.
Recommendations on Project Alternatives
The chapter on project alternatives in the ESIA report is notably sparse. It does not sufficiently explore alternative routes that could avoid ecologically sensitive areas, nor does it justify the decision to opt for a meter gauge railway over a standard gauge railway, or diesel engines over electric or hybrid alternatives. NECSA-K argues for a more robust exploration of these alternatives, including a “do-nothing” scenario that assesses the potential consequences of not proceeding with the project.
Conclusion and Recommendations
The Riruta-Ngong MGR project, while potentially beneficial in improving commuter transport, presents significant environmental and social risks that have not been adequately addressed in the ESIA report. NECSA-K’s memorandum highlights the need for stricter adherence to legal requirements, more comprehensive public participation, better alignment with county development plans, and a stronger focus on environmental and safety standards.
Key recommendations include:
1. Immediate legal review and alignment of the project with EMCA requirements.
2. Enhanced public participation processes to ensure all stakeholders’ voices are heard.
3. Integration of the project into Nairobi and Kajiado County development plans.
4. Compliance with fire and safety standards in all project-related infrastructure.
5. Comprehensive assessment of the project’s climate change impact and consideration of cleaner energy alternatives.
6. Revision of the project design to include pedestrian safety features and noise mitigation measures.
7. A thorough biodiversity survey and preservation of endangered species in the project area.
8. Detailed exploration of alternative project routes and technologies to minimize environmental impact.
NECSA-K stands firm in its commitment to ensuring that the Riruta-Ngong MGR project, if implemented, does so in a manner that respects the environment, adheres to the law, and benefits all stakeholders involved.
The full memorandum document can be downloaded here.