EXTENSION OF SERVICES TO INFORMAL SETTLEMENTS IN LAKE VICTORIA NORTH WATER SERVICES BOARD - MUMIAS

Transcription

1 LAKE VICTORIA NORTH WATER SERVICES BOARD WATER SUPPLY AND SANITATION SERVICE IMPROVEMENT PROJECT (WASSIP) RESETTLEMENT ACTION PLAN FOR EXTENSION OF SERVICES TO INFORMAL SETTLEMENTS IN LAKE VICTORIA NORTH WATER SERVICES BOARD - MUMIAS Employer: CHIEF EXECUTIVE OFFICER LAKE VICTORIA NORTH WATER SERVICES BOARD P.O. BOX 673 KAKAMEGA, KENYA Project Manager: CHIEF EXECUTIVE OFFICER LAKE VICTORIA NORTH WATER SERVICES BOARD P.O. BOX 673 KAKAMEGA, KENYA MAY 2014

2 Table of Contents List of Annexes III Acronyms.IV Executive Summary V 1.0 INTRODUCTION The Main Objectives of the Resettlement Action Plan (RAP) SITUATION ANALYIS AND INTERVENTIONS Project Location and Affected Site Present Water and Sanitation Systems Shibale Lukoye Mjini Lumino Interventions of the Project Shibale Lukoye Mjini Lumino IMPLEMENTATION OF RAP AND FOLLOW UP MEASURES Project Impacts Positive impacts Negative impacts Impacted Households Matrix Voluntary Land Offering Land Tenure and Property Rights Voluntary Land Offer Under Private Land Public Land Allocation Minimizing Resettlement Eligibility and Entitlement OP4.12 Criteria for Eligibility MIBP i

3 3.4 Grievance Mechanism Implementation of Realignment / Compensation Monitoring and Evaluation Costs and Budget CONCLUSIONS AND WAY FORWARD Consultative Meetings Cut-off Date MIBP ii

4 List of Annexes Annex 1 - Project Location Plans Annex 2 - Signed Agreement Forms Annex 3 - Sub County letter on Approval for construction of Ablution Block Annex 4 - Minutes of Consultative Meeting 1 - Minutes of Consultative Meeting 2 Annex 5 - Photographs during Consultative Meeting 1 - Photographs during Consultative Meeting 2 - List of Attendants during Meeting 2 MIBP iii

5 Acronyms LVNWSB Lake Victoria North Water Services Board KBWS Kakamega Busia Water Supply BOP Bank Operation Policy KM Kilometres GoK Government of Kenya EIA Environmental Impact Assessment NEMA National Environment Management Authority PAPs Project Affected Persons RAP Resettlement Action Plan RPF Resettlement Policy framework WaSSIP Water and Sanitation Services Improvement Project WRMA Water Resources Management Authority WB World Bank LS Lump Sum VIP Ventilated Improved Latrine SES Social Economic Survey Report-Mumias, 2014 MIBP iv

6 Executive Summary 60% of Mumias urban population is composed of low income earners habituating in informal settlements located at fringes of the Mumias CBD (SES 2014). Lake Victoria North Water Services Board has embarked on a Project to extend Water and Sanitation services to Informal Settlements within Mumias aimed at increasing access to water services from the current 35% (SES 2014) to 55% after successful implementation. The 2nr proposed ablution blocks in Shibale and Mjini are proposed to be constructed on land parcels currently owned by the Mumias Sub-County and respectively. In both cases, the Mumias Sub-County has allocated (on request) the area of land required for the proposed ablution blocks through a properly constituted Council meeting and passing a resolution to allocate the land for construction of the ablution blocks. These ablution blocks will improve access to basic sanitation facilities from the current 52% (SES 2014) to 72% which translates to 370 additional households having access to sanitation facilities. The proposed 3nr water kiosks are proposed to be constructed on portions of land offered voluntarily by three different land owners. Three families of the three land owners with a total of 54 family members, form the project affected persons (PAPs). The impact of reduced land space does not constitute permanent displacement. The significant impacts of the project to the PAPs have been noted and mitigation measures recommended. These include realignment of property fences and relocation of temporary structures. The estimated budgetary needs for implementation of the recommended mitigation measures is approximately KShs 151,100. The success of this RAP implementation will be enhanced through the cooperation of the following parties; LVNWSB, KBWS, Restructured Provincial Administration and PAPs representatives. This report therefore calls for participatory planning and implementation of the Resettlement Action Plan by all stakeholders. MIBP v

7 CHAPTER ONE 1.0 INTRODUCTION Mumias Town is located within the Mumias Sub County which forms part of the larger Kakamega County in Western Kenya. The four target Informal Settlements of Shibale, Mjini, Lukoye and Lumino in Mumias Town have an approximate population of 24,278 (Socio-economic Study, 2014) and form approximately 60% of the urban population of Mumias Town. Residents of these settlements are categorized under Low Income earners. Within the entire informal settlement set up, there is poor road network due to congestion of unplanned houses. Sanitation is not adequate within the settlements; though dwellers use provisions availed by their landlords. These include VIP and traditional latrines. With recent commissioning of a new Water Supply for Mumais Town, water availability is adequate but supply to the Informal settlements is largely constrained due to absence of distribution network and subsequent connections within these areas. At present, water sources for the Informal Settlements include water vendors, rainwater harvesting, rivers and streams. There are also a few shallow wells located within these areas. Potable water for human consumption is largely acquired from kiosks, yard taps and vendors. This water is provided by Kakamega - Busia Water Supply Company, which is the licensed Water Services Provider in the area. Mumias Informal Settlements have 92 active connections to potable water. However, 77 of these connections are dormant due to non-payment arising from inadequate supply prior to commissioning of the new water supply. The 92 connections (individual consumers, kiosks, public stand pipes (yard taps) and vendors) currently serve 35% of the informal settlers which within the informal settlements. Christian and Muslim religions are mostly predominant with Luhyia community being the majority tribe at (71%) followed by Luo at 16%. The rest are a mixture of several other tribes. There are no significant foreign nationals. Mumias Informal Settlements has 5 schools which are partially served by the water supplied by Kakamega-Busia Water Supply Company. There are no public or private hospitals within the settlements, Ecosan/eco-loo toilets and VIP latrines are major sanitation facilities available for the institutions. There are a number of shops, and other small businesses within the semipermanent premises, located between unplanned dwellings. At least there are two or three streets within each settlement scheme with irregular pathways, enhancing straining on water infrastructure. MIBP 1-1

8 1.1 The Main Objectives of the Resettlement Action Plan (RAP) To provide a framework for implementation of the stated strategies to ensure timely attainment of assets, payment of compensation and delivery of other benefits to project affected persons (PAP); To provide details on the public information, consultation and participation, and grievance redress mechanism in project planning, design and implementation; To Identify and provide an estimate of required resources for implementation of recommended strategies; and provide a framework for supervision, monitoring and evaluation of reinstatement implementation. MIBP 1-2

9 CHAPTER TWO 2.0 SITUATION ANALYIS AND INTERVENTIONS 2.1 Project Location and Affected Site The Project locations include Shibale, Lukoye, Mjini and Lumino areas of Mumias Town. These areas are predominated by Informal Settlements. All the pipeline extensions into the Informal Settlements are proposed along existing roads and tracks. Since the proposed pipelines are generally small diameter pipes ranging from 100mm to 50mm dia, space required for trenching and excavation material storage will be minimal and will be accommodated within the width of the tracks. Shibale area is located north of Mumias Town. In this area land space will be required for construction of two Water Kiosks and one ablution block. Lukoye area is located North East of Mumias town. One water kiosk will require space for construction. Mjini area is located South of Mumias town. One Ablution block will be required in Mjini area and consequently a space for the same. Lumino area is located South East of Mumias Town. There will be no land space required in Lumino area because the area will not have any water kiosk or ablution block. Each Ablution Block will take a plan area of approximately 45m 2. temporary space will be required during construction. An equal The size of a water kiosk will be 9m 2. A temporary space of 20m 2 will be required during construction. 2.2 Present Water and Sanitation Systems Shibale The population of Shibale Informal Settlement Area is 8,206 (SES 2014). This constitutes about 33.8% percent of the total population of informal settlers in Mumias. The Infrastructure of the water system serves small radii of settlements. The suppressed water supply in some areas affects the well-being and living standards of the population in these areas. The existing water supply provisions (one active water kiosk and 1.8km of pipeline) do not meet the water demand of the population. Currently there are 25 consumer connections serving about 32% of the Shibale population. These connections are; individual consumers, kiosks, public MIBP 2-1

10 stand pipes (yard taps) and vendors within the informal settlements. 5 consumer connections are inactive. This is attributed to the disruptions of water supply experienced in this area. The sanitation facilities in this area consist of VIP and Traditional Latrines Lukoye The population of Lukoye Informal Settlement Area is 5,244 (SES 2014). This constitutes about 21.6% percent of the total population of informal settlers in Mumias (SES 2014). The water supply provisions in this area (one water kiosk and 1.1km of pipeline) have not been tapped by all users. The water kiosk is run by a vendor appointed by the WSP. The number of active connections in Lukoye is 26. These connections; individual consumers, kiosks, and yard taps, serve a 45% of Lukoye population. The area is not amply covered by distribution mains. This leaves inhabitants of Lukoye seeking for other sources of water especially from unprotected springs and shallow wells Mjini Majority of the residents of Lukoye use Traditional and VIP latrines for sanitation purposes. The population of Mjini Informal Settlement Area is 6,385 (SES 2014). This constitutes about 26.3% percent of the total population of informal settlers in Mumias. There are two number water kiosks in the area. One kiosk was shut down due to intermittent water supply and lack of a storage tank. The other water kiosk under operation requires a new storage tank. The kiosk is run by owner of the land where it is constructed. The water supply network is about 0.6km of pipeline. The total number of water consumer connections is 17. These serve 30% of the population. The type of sanitation facility in this area is basically Traditional Latrines Lumino The population of this Informal Settlement Area is 4,443 people (SES 2014). This constitutes about 18.3% percent of the total population of informal settlers in Mumias. This area is located south east of Mumias town. It has a dense population. It is characterized by migrant workers. The distribution network consists of a 1.4km of MIBP 2-2

11 pipeline. There are two water kiosks under operation. Total consumer connections in this area are 27 serving 35% of the population. Sanitation facilities in this area are composed of Traditional latrines and VIP Latrines. 2.3 Interventions of the Project The project development objective is to improve the quantity and quality of water supply and sanitation to Shibale, Lukoye, Mjini and Lumino by installing convenient water supply systems. The project also aims at augmenting Sanitation facilities. The proposed project will involve: Shibale Water Supply Components Construction of Water kiosks (2Nr) each of plan area 9m 2. Each Water Kiosk can serve at least 200 people per day Supply distribution line 1.5-2km and installation of small diameter pipes and fittings for service mains to increase coverage area from 35% to 55% On-Site Sanitation Construction of one Ablution Block (plan area 45m 2 ) complete with a septic tank. This can serve about 250 people in a day Lukoye Water Supply Components Construction of Water kiosk (1Nr, plan area 9m 2 ). This water kiosk will serve 200 people per day. Supply and installation of small diameter pipes and fittings for service mains to increase coverage area from 30% to 45% Mjini Water Supply Components Supply and installation of small diameter pipes and fittings for service mains to increase coverage area by 20% from the current 30% to 50% MIBP 2-3

12 On-Site Sanitation Construction of one Ablution Block (plan area 45m 2 ) complete with a septic tank for drainage this will serve about 250 people per day Lumino Water Supply Components Supply and installation of small diameter pipes and fittings for service mains to augment distribution network from 33%-45%. MIBP 2-4

13 CHAPTER THREE 3.0 IMPLEMENTATION OF RAP AND FOLLOW UP MEASURES 3.1 Project Impacts Positive impacts Increase the water supply to Shibale, Lukoye, Mjini and Lumino areas. Currently only 35% percent have access to potable water and decent sanitation facilities. With the implementation of this program the water supply would increase from 35% to 55%. Given the strategic locations of the three proposed water Kiosks in the informal settlement areas, they will be able to provide access to safe water for drinking to atleast 150 households. Provide a source of income to families/individuals that will run the water kiosks and the ablution blocks from revenue collected and sales from goods in the kiosk. These families are three with a total of 54 family members. Reduce the amount of time spent fetching water by families (women and girl child) hence more time will be available for agriculture and other economic activities. Currently an average of 24.8 minutes is used for fetching water (SES 2014). This time can be broken into; travel, waiting and return. This time can be reduced from 24.8 minutes to 10 minutes through the introduction of the proposed water kiosks at convenient positions in the informal settlement areas. Increased service level, water and sanitation reduction of water borne diseases (Mumias EIA 2011) e.g. Cholera, Typhoid, Dysentery, Amoeba Provide basic sanitation facilities to about 370 households (SES 2014). Increased customer base for KBWS hence improved revenue collections Negative impacts Damage to Property (fences and Semi Permanent Structures). The proposed mitigation measure for this impact is full reinstatement of the properties. The budget for reinstatement is listed in section 3.7 Reduced land Space in view of new structures to be constructed Temporary relocation of Business during construction of one water kiosk. The cost involved for this relocation is broken down in the cost and budget section 3.7. The relocation site will be within the existing plot, having obtained approval from the landowner. Lose of vegetation covering the plot boundaries for two kiosk owners. MIBP 3-1

14 The following is an excerpt of outlined negative impacts and their mitigation measures from the second stakeholders meeting (Annex 4) (a) Land issues The chief pointed out that from previous experiences, land owners who offered their portions of land voluntarily for construction of shallow wells came up with complications that disrupted the smooth running of the public facilities. He pointed out the challenges of the previous projects to lack of signed agreement forms. Furthermore he noted that in cases where the landowner passes, heirs refuted existence of any verbal agreements applicable on their land. It was agreed that all the landowners who offer portions of their land for water kiosks sign agreement forms that will pre-empt any future occurrence that may interfere with operation and maintenance of water kiosks. (b) Security of facilities It was cited out that there could be chances of vandalism of proposed project properties after during operation and maintenance phase. MIBP said that burglar proof doors and windows would be used for the construction of Water kiosks and Ablution Blocks. The Chief stated that security of project facilities would be enhanced through sensitization of the people. Moreover the government provides security for the general public through ways such as community policing. (c) Possible conflicts with Informal settlements Upgrading Projects The chief drew the possibility of conflicts emerging from the upgrading of slums projects. He mentioned the chances of construction of roads interfering with erected structures. MIBP replied that feasibility studies and surveys will be conducted before any future projects are carried out to establish the existing facilities. Nonetheless MIBP was in constant correspondence with the Mumias sub county office in sharing of notes. (d) Lack of envisaged Impacts from previous projects It was pointed out that a number of projects have failed to create intend impacts in the past due to lack of awareness programmes. A unanimous agreement was made to allow for public campaign in the informal settlements after completion of the project by the WSP. MIBP 3-2

15 (e) Break down of facilities Some existing water kiosks are not functioning properly due to various causes like leaking tanks, broken pipes, unreliable water supply etc. KBWS stated categorically that the responsibility of maintaining facilities from the water meter towards the water kiosk belongs to the kiosk operator. However, KBWS committed to ensure reliable water supply to all areas is observed. (f) Poor drainage Poor drainage would be a nuisance in case of poor implementation of facilities. This was brought up by one Village elder in the meeting. MIBP said that provisions for drainage were incorporated in the proposed Ablution Block and the Water kiosks through Septic tanks and Soak away pits Impacted Households Matrix Table 3.0 Impacted Households Matrix Project Area Shibale Lukoye Land Owner Thomas Wabuoto Bahati Benjamin Hadija Ibrahim Proposed Structure Water kiosk Water kiosk Water kiosk Impacted Asset Private Land Private Land Private Land Type of Impact No Displacement; Land use for residence remains partially affected, limited loss and remaining land remains viable for present use Mitigation Measures Chapter 3 Table 3.4 No Displacement; Chapter 3 Table 3.6 Temporary Displacement; Entire Structure affected Chapter 3 Table Voluntary Land Offering Land Tenure and Property Rights Land tenure refers to the system of ownership of interest in lands. Several statutes are relevant. There is the Government Lands Act 280, Trust Land Act Cap 288, Registration of Titles Act 281, Registered Land Act Cap 300 and Land (Group Representative) Act Cap 287. Government Land is owned by the Government. Under the Crown Lands Ordinance 1902 all unoccupied land was vested in the crown. This was amended in 1915 to MIBP 3-3

16 include within its scope land which was under native occupation. On independence land administered under the Crown Lands Ordinance became government land. Private land registered under the Registration of Tiles Act and Registered Land Act is private land. Land registered under; land (Group Representatives) Act Cap. 287 is also private land. The land is registered in one or more persons in trust for a particular group. The World Bank s Safeguard Policy OP 4.12 applies to the project and to all economically and /or physically project-displaced persons, regardless of the number of people affected, the severity of impacts and the legality of land holding. Particular attention should be given to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children and other disadvantaged persons Voluntary Land Offer Under Private Land Land required for construction of water kiosks should preferably be voluntarily offered by private owners. Nonetheless the owners have to adhere to the regulations of the WSP. This mode of accessing space for the water kiosks was aimed at cutting down a time consuming process for land acquisition and related costs Public Land Allocation Given the size of the ablution block developed for this project and the nature of operations accompanied by an ablution block, it proved difficult to get land space for this structure. Public land earmarked for such amenities was favored. The Mumias Sub county Administrator approved location for construction of one Ablution Block in Shibale area via a letter (Annex 3). This space is currently used as a parking yard for trailers but is enough to accommodate both the trailers and the Ablution Block. The Administrator is in a process of identifying public land space which is not occupied, for construction of another Ablution Block in Mjini area before end of the third quarter of the year The conditions of getting public land for such purposes made it suitable to settle on Shibale and Mjini areas for allocation of ablution blocks. These areas have space for public amenities on the Town plan maps Minimizing Resettlement Resettlement has been completely minimized in this proposed project. That is why voluntary donation of land was favored for construction of water kiosks. Public land was also sought for construction of ablution blocks in order to avoid all processes involved in relocation of people. MIBP 3-4

17 3.3 Eligibility and Entitlement OP4.12 Criteria for Eligibility (a) those who have formal rights to land (including customary/communal land, traditional and religious rights, recognized under Kenyan Law); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the national and local laws of Kenya or become recognized through a process identified in the resettlement plan; (c) those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from, but are recognized under the World Bank s OP Keeping in mind that identification of land for construction of water kiosks and Ablution Blocks has been done preliminarily, the PAPs in this case are three Private land owners. PAPs may be classified in one of the three groups listed above. Further analysis of the PAPs will involve review of tenure documents owned by occupants, interviews with households and groups in the affected area. Local authorities and central government s Ministry of Land concerned with land ownership and management will also be consulted. The Matrix of Eligibility is outlined under the table below; Table 3.1: Entitlement & Intervention Matrix Project Area Intervention Impacted Asset Shibale Water kiosk Private Land Ablution Block Public Land Lukoye Water kiosk Private Land Type of Impact No Displacement; Land use for residence remains partially affected, limited loss and remaining land remains viable for present use No Displacement Temporary Displacement; Entire Structure affected Entitled Parties Title Holder Registered owner (County Government) Title Holder Entitlement Reinstatement Of Property N/A Reinstatement Of Property Cost Item 3.7 N/A Item 3.7 Mjini Ablution Block Public Land No Displacement Registered owner (County Government) N/A N/A MIBP 3-5

18 3.4 Grievance Mechanism Comprehensive Screening (searches) of the land titles identified for construction of water kiosks will be conducted, during which a notice of inquiry will be served to persons with any interest in the land(s) to present their claims forward. In case any encumbrances are established then alternative land(s) will be sought from voluntary donors. The last resort will be acquisition or court action. The public land spaces required for construction of Ablution Blocks will be accompanied by Letter of Authorization from Mumias Sub County Office. To resolve conflicts a Resettlement Action Plan Committee (RAPC) will be formed. The members of the Committee will be as follows; i). Sub county Administrator ii). Local Chief iii). LVNWSB representative iv). PAP representative Affected persons will take their complaints to the RAPC which will attempt to address them, if the complaints are not resolved; the RAPC passes them to LVNWSB for further action. Upon receiving the complaint, LVNWSB will acknowledge receipt within three days and write letters to all concerned. LVNWSB will convene a meeting to discuss the case in point with RAPC in attendance as an observer. Should the matter fail to be addressed amicably among the parties, the same can be left to lawyers to seek redress in courts. 3.5 Implementation of Realignment / Compensation Implementation of realignment activities will be carried out in weekly plans The proposed weekly schedule for realignment is as given below: Table 3.2: Implementation of Realignment / Compensation Organisation and start-up Presentation of offer for verification by PAPS Identification of payment Office Deposit lists of PAPS in the County for verification Compensation of PAPS; LVNWSB disburse of funds to the PAPS Issues of Notice for realignment to PAPS accompanied by payment Resolution of conflicts and grievances Monitoring & Reports W1 W2 W3 W4 W5 W6 W7 W12 MIBP 3-6

19 3.6 Monitoring and Evaluation Land Donated/Allocated is subject to both internal and external monitoring. LVNWSB will conduct internal monitoring and evaluations on a monthly basis, an independent assessment will also be conducted by a consultant in order to ensure that site acquisition process is carried out as planned A monitoring and reporting matrix given below will be used:- Table 3.3: Monitoring Matrix Resettlement Activity Compensation payments Site development Responsible Indicators Means/sources of verification LVNWSB, Consultant & PAPS PAP,LVNWSB & Consultant Effectiveness of compensation and procedures Location and state of sites Readjusting PAP, LVNWSB Access to vacated sites along the pipeline Post compensation LVNWSB Basic Services water, food, health, shelter, education, food, and other social benefits identified. Reports and records indicating specific payments Field site observation and reports Records and reports of work progress Monitoring over 5yr period at 6-monthly frequency 3.7 Costs and Budget In view of realignment of fences and Demolition of a temporary water kiosk, the following budget (as at prevailing prices in April 2014) presents reinstatement cost for involved works. In addition to 10% allowed for contingencies, a further 25% has been allowed for Administration Costs for the responsible parties. Table 3.4: Reinstatement of Fences Item Description Unit Rate Quantity Amount (Ksh.) 1 Barbed Wire fence roll of 610m Roll 5, , m high Timber Fencing post Nr , Live fence seedlings (Kay apple) LS 2, , Transportation To site LS 7, , Cost of total Labour and Installation LS 10, , Sub-total 1 37, % contingencies 3, Sub-total 2 41, % Administration Costs 10, Total Costs 51, MIBP 3-7

20 Table 3.5: Value of a Semi Permanent kiosk and Relocation Item Description Unit Rate Quantity Amount (Ksh.) 1 Iron sheets Nr , Timber, Doors, Window, nails LS 1, , Demolition LS 10, , Reinstatement LS 10, , Sub-total 1 49, % contingencies 4, Sub-total 2 54, % Administration Costs 13, Total Costs 68, Table 3.6: Reinstatement of Access gate Item Description Unit Rate Quantity Amount (Ksh.) 1 Uprooting of the gate LS 5, , Repairs and Installation LS 10, , Painting and Landscaping LS 7, , Sub-total 1 22, % contingencies 2, Sub-total 2 24, % Administration Costs 6, Total Costs 30, MIBP 3-8

21 CHAPTER FOUR 4.0 CONCLUSIONS AND WAY FORWARD 4.1 Consultative Meetings As part of Project Implementation, 1nr meeting was held with the stakeholders to sensitize them on the Project and to receive feedback. The land owners were duly informed of the consequences involved in offering land voluntarily for construction purposes. The land owners appended their signatures on agreement forms showing their approval for offering their land spaces voluntarily. One more meeting was held at the resident engineer s office in Mumias. This meeting brought on board the key informal settlement stakeholders. The stakeholders identified the possible, significant impacts of the project to the environment and the people. Mitigation measures for each identified impact were proposed. The minutes of the consultative meetings are given in Annex Cut-off Date The cut-off date is the date when any matter(s) with regard to environmental and social impacts are deemed resolved and concluded. Cut-off date in this case was achieved after signing of agreement forms for voluntary donation of land. 4-1

22 ANNEX 1 PROJECT LOCATION PLANS

23 ANNEX 2: SIGNED AGREEMENT FORMS

24 ANNEX 3 SUBCOUNTY LETTER ON ABLUTION BLOCKS

25 ANNEX 4 MINUTES OF CONSULTATIVE MEETINGS

26 ANNEX 5 PHOTOGRAPHS DURING CONSULTATIVE MEETINGS