MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT RESSETTLEMENT ACTION PLAN (RAP) (ESIA) VOLUME 2)

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RP1059 V6 REV MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT RESSETTLEMENT ACTION PLAN (RAP) (ESIA) VOLUME 2) THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN KIHOTO, KARAGITA, KAMERE AND KASARANI INFORMAL SETTLEMENT IN NAIVASHA SUBCOUNTY FEBRUARY, 2014 i

2 RAP EXPERT: I/We, the undersigned, submit on behalf of Ministry of Lands, Housing and Urban Development that the particulars given in this Resettlement Action Plan report for the Proposed Infrastructure Upgrading in Kihoto, Karagita, Kamere and Kasarani Informal Settlements in Naivasha Sub county are correct to the best of my/our knowledge. This RAP is prepared pursuant to the approved RPF. The RPF was prepared consistent with the applicable policy provisions of the GOK and the World Bank's Safeguard Policy OP 4.12 on Involuntary Resettlement. CAS Consultants Limited Lead Firm/Firm of Experts Sign: Date: Registration No:0006 THE PROPONENT: Ministry of Housing I/We certify that all the information provided herein for the purpose of this Resettlement Action Plan (RAP) is true to the best of my/our knowledge and the report is submitted to NEMA with our approval. Name: Designation: Sign: Date: i

3 Contacts: Eng. Sebastian Mputhia Mwarania Director CAS Consultants Consulting Engineers Rhapta Road (Westlands) Nelleon Place P.O Box , Nairobi Tel: /65 Mobile: Fax: Nairobi Web: Sidhartha Patnaik Regional Director & Country Head, IPE Global (Pvt) Limited The Rahimtulla Tower, No. 4 Upperhill Road P.O Box , Nairobi Tel: Mobile: spatnaik@ipeglobal.com Web: Dr. Swapan Kanti Chaudhuri Economist IPE Global (Pvt) Limited IPE Towers, B-84, Defence Colony, Delhi , India Tel: +91 (11) Mobile: skchaudhuri@ipeglobal.com Web: Ken Koech Kibet Environmental and Social Specialist CAS Consultants Consulting Engineers Rhapta Road (Westlands) Nelleon Place P.O Box , Nairobi Tel: /65 Mobile : Fax: Nairobi kkoech611@gmail.com Web: This report has been prepared by CAS Consultants Limited, a NEMA registered Lead firm On behalf of Ministry of Lands, Housing and Urban Development, Government of Kenya (the Recipient ). ii

4 Project Fact Sheet This report is the Resettlement Action Plan (RAP) for infrastructure improvement projects in, Fact Sheet Project name Kenya Informal Settlements Improvement Project (KISIP) Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements Lead implementing agency Funding Agency Consultants Ministry of Lands Housing and Urban Development World Bank CAS Consultants and IPE Global Start Date 22 August 2012 Completion Date February 22, 2014 Team Leader Deputy Team Leader Target Settlements Dr. Eng. Sebastian Mwarania Sidhartha Patnaik Naivasha: Kihoto, Karagita, Kamere and Kasarani. RAP Est Cost KShs. 13, Est Project Cost KShs 1,696,932,209 Kihoto, Karagita, Kamere and Kasarani informal settlements in Naivasha iii

5 Acknowledgement We would like to thank the community members from Kihoto, Karagita, Kamere and Kasarani settlements for their dedicated participation in the census survey process and consultation process through responding to the survey questions and their hospitality to the enumerators. Special thanks go to the SEC members for their endless support whenever they were called upon from the time of project inception to the end of the RAP studies. We would like to thank Nakuru KISIP team led by Eng James Ochieng from the Nakuru County government for his commitment in guiding the experts in the field in the inception phase of RAP studies. We also acknowledge the contribution of Naivasha Sub county KISIP team Justine Mayaka, Humphrey Musava and Mary from Social Services in organizing and coordinating the briefing and consultation meetings in the settlements. iv

6 EXECUTIVE SUMMARY This document is the Resettlement Action Plan (RAP) for the improvement projects under Kenya Informal Settlement Project (KISIP) proposed for the four settlements of Kihoto, Karagita, Kamere and Kasarani in Naivasha Subcounty, Nakuru county. The proposed projects for implementation include road upgrading, storm water drainage, water supply, sewerage, and floodlighting. These projects will be responding to the current challenges within the four settlements as identified and prioritized through community consultation. An assessment of the impact of the project in the settlements shows that while the positive impacts are beneficial to all, it is the negative effects that will be a challenge to the implementation of the project. A comprehensive Environmental and Social Impact Assessment has been conducted which informed detail designs. The nature of implementation of the proposed project will trigger moderate loss of livelihood and no displacement of households. As per the RPF the project falls under category S1 because about 1273 individuals or livelihoods, services (307 electricity transmission poles, 9 transformers 16 water kiosks) will be affected. The affected services have been mitigated by provision of money for replacement in the Bills of Quantities and marked as Relocation of services. This RAP is governed by the WB OP 4.12 and the Resettlement Policy Framework (RPF) prepared prior to the approval of KISIP to guide any resettlement issues arising out of the project activities. The negative impacts on Project Affected People (PAPs) for the proposed project are minor (only loses of temporary structures erected on public land and shop fronts but there is no displacement in as much as the project may occasion temporary loss of livelihood). From November 28,2013 to December 9, 2013, a study was carried out in Naivasha settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement to identify the disruptions and losses anticipated toward effective implementation of KISIP in the Settlement. The disruptions and losses it identified, as well as the proposed mitigation measures were as follows: Type of Impact/Assets Affected Project Affected Persons and their Category Kiosk (or kibanda) and Brief Description The number of persons that would be affected is estimated to be v Proposed Mitigation The Naivasha Subcounty has designated markets already in Karagita and kasarani while Kamere has a traders market proposed by KENGEN. Hence the authority needs to find a designated market for Kihoto traders and equally implement the Karagita and Kasarani traders market. The PAPs will be compensated but the long term solution is in the operationalisation of the markets Road side traders dealing One month advance notice to

7 Type of Impact/Assets Affected Veranda Land lords and tenants KPLC assets and power lines Water Supply Assets Accidental damage of property Brief Description mostly of groceries and light goods Perimeter fences and property on road corridors. Three hundred and seven (307) electricity poles (and their wires), nine (9) transformers. Water pipelines (distribution lines) and kiosks should activities of the Project result to damage of property Proposed Mitigation vacate; PAP allowed to salvage all material; Relocation to other site, alternatively cash compensation at replacement cost (calculated without depreciation); Two months notice to salvage materials and relocate. Two months notice to the tenants to seek alternative tenancy or wait for the readjustment of the structures. Shift pole/service as provided for in relocation of services in BoQs Individual connection to be improved (formal) water services relocation is provided for in BoQs Owner shall contact the Project through the Project Engineer to provide information and initiate the claims process. Proposed Rap Implementation Strategy The broad activities proposed towards effective implementation of the Project, and which will be implemented as per WB requirements and the applicable laws of Kenya (which are quoted in the main report). Proposed RAP Monitoring and Evaluation Component The RAP has proposed a Monitoring and evaluation framework to assess whether the Project objectives of compensation are met. Valuation and Compensation Since no private land will be taken and all the PAPs are illegally occupying public land meant for the way leaves and road reserves, compensation will be in form of facilitation to the PAPs to relocate their businesses with little loss of livelihoods as possible From the consultations the following conclusions were reached: The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit. vi

8 The projects will affect a number of structures built by inhabitants on encroached land, which will have to be removed prior to project implementation people will either be affected directly or indirectly. However, all these structures are temporary ones, which can easily be removed and built up again in a different location. All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land and fully appreciate that they will directly benefit from the project directly since majority of them live and are affected by the poor infrastructure in the settlement. Given this situation, monetary compensation payment is required for the selected PAPs so as to give way for the project implementation. vii

9 Table of Contents EXECUTIVE SUMMARY... V LIST OF ACRONYMS AND ABBREVIATIONS DEFINITION OF TERMS USED IN THIS REPORT INTRODUCTION Background KISIP RAP Objectives Location of Affected Areas Cut-Off Dates Study Approach and Methodology Mobilization and planning Desktop Studies Primary data collection Census Survey Objectives of the Census Survey Data collection Data Entry and Analysis Public Consultation Meetings Asset Valuation 21 2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT Other Acts of Parliament Relevant to this RAP World Bank Operational Policy Kenyan Law Vis-à-Vis World Bank Operational Policy Administrative Framework Ministry of Lands, Housing & Urban Development Naivasha Subcounty, National Environmental Management Authority (NEMA). 27 8

10 Provincial Administration Ministry of National Treasury Settlement Executive Committees (SECs) Kenya Urban Roads Authority National Environment Management Authority (NEMA) 28 3 CHAPTER THREE PROJECT DESCRIPTION Project Description and Design Roads Drainage works Water Supply and Sewerage Security Lighting Solid Waste Management Summary of Project s Resettlement and Relocation Impacts as shown in Table BASELINE SOCIO-ECONOMIC SITUATION Background Karagita Kihoto Kamere Kasarani Minority and Vulnerable Groups PUBLIC CONSULTATION AND DISCLOSURE Background Objectives and Goals Stakeholder Engagement Community Sensitisation Meetings 44 9

11 Household Surveys Disclosure of the RAP Report Disclosure of RAP report by MLHUD and WB 46 6 IMPACTS AND MITIGATION MEASURES Evaluation of the Impacts of the Project Number of Project Affected Persons Loss of Structures and Proposed Mitigation Measures Loss of Revenue and Proposed Mitigation Measures Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures Eligibility Valuation and Compensation for Losses Payment of Compensation Notification Grievance Redress Mechanism Implementation Schedule Monitoring and Evaluation Costs and Budget CONCLUSIONS APPENDICES o Appendix 1 Project Design Layouts of the Project Areas/Settlements o Appendix 2 Minutes and Attendance Lists of the Community Consultation o Appendix 3 Interview Guide Used to Collect Data on Project Affected Persons 93 O Appendix 4 Schedule of Project Affected Persons

12 List of Tables Table 1.1 Investment Priorities according to Socio-economic Survey, Community Consultantions and Concept Designs Error! Bookmark not defined. Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation 20 Table 2.2 Showing the specific objective and action taken. 21 Table 2.3 Summary of Institutional Framework and their Capacity for Implementation. 24 Table 3-1: List of investment priorities based on FGD 27 Table 3.2: Types of projects proposed in the selected settlements 1 Table 3.3 Project types and impact on residents 4 Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement. 15 Table 5-2 Schedule of Public Meetings 15 Table 5.2 showing photos of public meetings 17 Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority of Cases Studied 24 Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use 28 Table 6.3: Total Number of Employees in the Business 31 Table 6.4: Average Net Business Income (Profit) Per Day 31 Table 6.5: Entitlement Matrix 32 Table 6.6: Proposed Implementation Schedule 38 11

13 List of Figures Figure 3.2: Map of project areas and Naivasha Township Figure 4.1 Summary of Socioeconomic survey findings karagita... 7 Figure 4.2 Summary of Socioeconomic survey findings Kihoto... 8 Figure 4.3 Summary of Socioeconomic survey findings in Kamere Figure 4.4 Summary of Socioeconomic survey findings in Kasarani Figure 6.1: Category of Project Affected Persons by Encroachment on Public land Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed Infrastructure in Naivasha Informal Settlement Figure 6.3: Type of Project Affected Assets Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement

14 LIST OF ACRONYMS AND ABBREVIATIONS AFD CBO CDF CEMP Agence Francaise de Developpement Community-based Organization Constituencies Development Fund Community Environmental Management Plan NAIVAWASS Naivasha Water Supply and Sanitation EA EIA EMP ESIA FBO FGD GoK KISIP KMP KNBS KURA KWFT LA LASDAP LATF MM MoH MoL NACHU Enumeration Areas Environmental Impact Assessment Environmental Management Plan Environmental and Social Impact Assessment Faith-Based Organization Focus Group Discussion Government of Kenya Kenya Informal Settlements Improvement Project Kenya Municipal Program Kenya National Bureau of Statistics Kenya Urban Roads Authority Kenya Women s Finance Trust Local Authority Local Authority Service Delivery Action Plan Local Authority Transfer Fund Man Month Ministry of Housing Ministry of Lands National Cooperative Housing Union 13

15 NEMA PAD PAP PDP RAP SIDA SPA SRS SUP ToR WaSSIP WSB WSTF National Environment Management Authority Project Appraisal Document Project Affected Person Part Development Plan Resettlement Action Plan Swedish International Development Agency Special Planning Area Simple random sampling Settlement Upgrading Plan Terms of Reference Water and Sanitation Services Improvement Project Water Services Board Water Services Trust Fund 14

16 DEFINITION OF TERMS USED IN THIS REPORT The following terms shall have the following meanings, unless the context dictates otherwise: Census: A field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) within the project area boundaries. The meaning of the word also embraces the criteria for eligibility for compensation, resettlement and other measures emanating from consultations with affected communities. Project Affected Person: This is a person affected by land use or acquisition needs of the Kenya Informal Settlements Improvement Project (KISIP). The person is affected because s/he may lose title to land or right to its use, and/or title rights or other rights to structures constructed on the land (thus s/he may lose, be denied, or be restricted access to economic assets, shelter, income sources, or means of livelihood). The person is affected whether or not s/he must move to another location. Compensation: The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets thereon. Cut-off date: The date of the meeting held at the conclusion of the census survey but before disclosure of the Resettlement Action Plan, when the list of Project Affected Persons identified from the census survey will be finalised, and all Project Affected Persons will be officially notified of intention for land acquisition. This is the date on and beyond which any other person who occupies the land delineated for project use, will not be eligible for compensation. Displaced Person: A person who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Person is physically relocated. The person will have his or her: standard of living adversely affected, whether or not the Displaced Person must move to another location; lose right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Involuntary Displacement: The involuntary acquisition of land resulting in direct or indirect economic and social impacts caused by: loss of benefits from use of such land; relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the Displaced Person has moved to another location or not. Involuntary Land Acquisition: This is the repossession of land by government or other government agencies for compensation, for the purpose of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. Land: This refers to agricultural and/or non-agriculture land and any structures thereon whether temporary or permanent and which may be required for the Project. Land Acquisition: This means the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project. Rehabilitation Assistance: This means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, 15

17 needed to enable a Displaced Person to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels. 16

18 1 INTRODUCTION 1.1 Background The development of the RAP is part of the Consultancy services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements, under the Kenya Informal Settlements Improvement Project s (KISIP) Component 3: Infrastructure and Service Delivery. Component 3 supports investment in settlement infrastructure. Other KISIP components address institutional capacity, land tenure and urban planning issues. KISIP is funded by the Government of Kenya (GoK), the World Bank, the French Development Agency (AFD) and the Swedish International Development Agency (SIDA). The Ministry of Lands, Housing and urban Development (MLHUD) is the lead implementing agency (hereafter referred to as the Client ). Local authorities are expected to work closely with the Consultant on community mobilization and consultation and they will later supervise the implementation of upgrading works in their jurisdictions. The types of infrastructure that are eligible for funding under KISIP include: roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste management, storm water drainage, water and sanitation systems, electrification, public parks and green space. Social infrastructure such as schools, recreation centers and health clinics are not eligible for funding under KISIP. A separate government program, KENSUP (Kenya Slum Upgrading Program), provides funding for these types of social infrastructure in the informal settlements, in addition to basic infrastructure such as roads, water, sanitation and security lighting. This RAP is part of the Environmental and Social Impact (ESIA) report which has been undertaken for the project. The ESIA identified relocation as one of the project impacts. 1.2 KISIP RAP Objectives KISIP s overall development objective is to improve living conditions in Kenya s informal settlements. The precise aim of this 12-month assignment (hereafter referred to as the Project ) is to work with communities in Naivasha informal settlements, their corresponding Local Authorities and the Client to prioritize and design infrastructure improvements in select settlements within a pre-defined budget (i.e. a cost cap per hectare). In as much as the project is to improve infrastructure, the resulting negative impacts including displacement and loss of livelihoods is undesired. Therefore Resettlement Action Plan is formulated to mitigate against displacement of households and loss of livelihoods. Oobjectives of KISIP RAP I. To provide a policy, legal and institutional framework for responding to all displacement impacts occasioned by activities undertaken under KISIP. This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by 17

19 II. III. (a) the involuntary taking of land resulting in relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. To offer choices among, and identify technically and economically feasible resettlement alternatives; and, To put in place modalities for providing prompt and effective compensation at full replacement cost for loss of assets attributable directly to the project and provide support during the transitional period to enable the affected people to improve or at least restore their pre-impact living standards. 1.3 Location of Affected Areas The prioritized infrastructure in Naivasha settlements includes roads, drainage, water supply, sewerage and security lighting. All these infrastructure on the Settlement Upgrading Plans (SUPs) are all proposed on the existing road corridor and reserve so as to minimize socio-economic impacts and enhance the benefits of the project in the settlements table 1.1 below shows investment priorities of each settlement in Naivasha. The existing road reserve and public land will host the entire proposed infrastructure. Proposed infrastructure improvement layout for the respective settlement is as presented in Appendix 3. A census was conducted on all the individuals found within the area of project implementation as presented in the layouts attached as appendix 3. For purposes of this study therefore, the location of project affected persons (PAPs) was set as individuals carrying out economic activities on the proposed project roads mapped out for improvement as shown in the project design layouts in Appendix 1 Identification of Affected Persons The Project Affected Persons (PAPs) were identified as land users found within the mapped out roads for improvement at the time of the field studies. Due to the diverse nature of activities and developments on the project development areas, PAPs were classified into: i. Structure owners/landlords ii. Business owners/ tenants iii. Land owners (41) iv. On road service providers (2) 1.4 Cut-Off Dates The cut-off date was set as December 09, 2013 which was the date on which the census survey for the PAPs was completed. This cut-off date was publicly declared in meetings 18

20 held in the settlements. Any person who occupies the project affected area after this cut-off date is not entitled to consideration for compensation and relocation assistance. 1.5 Study Approach and Methodology The entire RAP was conducted in three (3) stages namely: Desk Study; Field Study; Reporting. 1.6 Mobilization and planning CAS Consultants held a start-up meeting with KISIP team Naivasha Subcounty on December 02, 2013 before embarking on field work. During this meeting, CAS briefed the Subcounty KISIP team on; Desktop Studies The main objective of the assignment; The scope and duration of work The level of participation of the sub county staff; An in-depth literature review was done before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. Since literature review is a continuous exercise, more documents were reviewed during reporting stage. Some of the documents that were reviewed included: Primary data collection KISIP Resettlement Policy Framework (RPF) World Bank Operation Policies (OP); Past related projects in Kenya; Primary data collection was done through: Census and Household Survey of all the people who have property on the project areas, Formal and Informal Interviews with key stakeholders; Public meetings in the settlements; Site walks along the line by the sociologists 19

21 1.6.3 Census Survey In order to estimate the total number of persons who have encroached on the project sites, primary data collection through administration of questionnaires to the identified Project Affected Persons was conducted. Census and Household surveys were conducted from November 29, 2013 and December 09, Objectives of the Census Survey The objectives of the census and social survey were as follows: Data collection To identify and quantify different categories of Project Affected Persons (PAPs) who would require some form of assistance, compensation, rehabilitation and/or relocation; To value and develop a comprehensive budget covering lost shelter, assets, crops and sources livelihoods within the project area; To develop livelihood restoration arrangements and implementation of the RAP; To prepare a socio-economic profile of PAPs; To collect baseline data for development of the Resettlement Action Plan (RAP). The enumeration exercise was conducted by the trained enumerators who administered the questionnaire to the PAPs Data Entry and Analysis After data collection, data was entered by the supervisors and trained data entry clerks. Data entry was done using Microsoft Excel and analysed by the Social Scientists who were managing the project through statistical analysis software, specifically Statistical Package for Social Students (SPSS). Data was presented using descriptive statistics including Tables, Graphs and Pie charts Public Consultation Meetings Public consultation meetings in the respective settlements were organised by the sociologists with the help of the provincial administration. In attendance were the consultants representative, SECs, provincial administration and village elders and the members of the public. Minutes and proceedings of the meetings are in Appendix 2. A total of 4 public consultation meetings were held, each per settlement. On Monday, December 02, 2013 meeting was held in Kihoto at 16:00hrs, Tuesday December 03, 2013 meetings were held in Kamere at 10:00hrs and Kasarani at 14:00hrs. The meeting in Karagita failed to meet a quorum. The public meetings provided a platform for expression of overall opinions, issues and concerns by community members who have interests and will be affected by the KISIP implementation. 20

22 Meetings with the local administration as well as community sensitisation were conducted as shown presented in the Public Consultation Chapter of this Report Asset Valuation The asset valuation was conducted December 2013 to establish the structures (houses and other structures), crops and trees of the PAPs that would be affected by the resettlement exercise and subsequent improvement of the infrastructure in the settlement. Full Replacement Cost method was used to determine the value of the affected structures and houses. The Full replacement cost method of valuation seeks to facilitate the owner of the structure to develop a similar or an improved structure at current market costs in another location. Assets in Kenya are valued on the principal of market value. Under the Action described in this report, market value will be understood to mean an amount equal to or greater than the replacement value of the affected asset as at the time of the Project compulsorily acquiring the asset. Thus, the just compensation value that will be awarded to affected persons will be an amount not less than the market value of the asset as at the time of acquiring the asset. 21

23 2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT This section gives a description of the Laws of Kenya whose requirements were reflected upon in preparation of this RAP report. The section in addition describes the provisions of WB OP 4.12 taken into cognizance; and, makes a comparison of this with the Kenyan law. Name of Act Application Remarks The Land Act No.6 of 2012 An act of Parliament to make provision on land regulation and for the compulsory acquisition of land for public benefit. An inquiry held, objections heard, compensation payable. Applies to allocation of and dealings with Public land and private land. All encroachment on the public right of way under the section 143 of the Act will not be compensated or permitted The project will not compulsorily acquire private land. Will apply if the project elects to ask the government to allocate public land for any relocation PAPs within the way leaves will be required to voluntarily remove their structures without expectation of any compensation The Constitution of Kenya 2010, Section 40 (3)(ii) The Physical Planning Act, Cap 286 (Act No 6 of 1996) Anyone dissatisfied with the award of compensation for compulsory acquisition of private land by the Commissioner has the right to seek judicial recourse. A further appeal to the High Court can be made. Further, multiple structure owners dissatisfied with the RAP implementation can bring a constitutional reference against deprivation of property without compensation. Requires preparation of development plans for every intended development and invitation to the public to comment /object to the development The procedure of compulsorily acquiring private land for the purpose of the project can be considered where any extra space is needed for setting up the infrastructures proposed in this project. To be considered when planning residential sites and other relocation sites. 22

24 Name of Act Application Remarks Land Registration Act No. 3 of 2012 The Public Procurement and Disposal Act No 3 of 2005 and the Public Procurement And Disposal (Public Private Partnerships) Regulations, 2009 A maximum of 5 persons can be registered as owners of one piece of land. Applies to all procurements by government and public entities Would be applicable if land identified for relocation of the Naivasha PAPs is registered under this Act. Would apply to the acquisition of any land that will be required for relocation. It would also apply to contracts for the construction work to be undertaken. Kenya Roads Act Cap.2 Applies specifically to the function of Kenya Urban Roads Authority in implementation of the KISIP road upgrading project. KURA shall have the Responsibility for supervising construction, rehabilitation and maintenance of all public roads in the municipalities in Kenya under KISIP project. Environmental Management and Coordination Act, 1999 and subsidiary legislation on EIA/EA (Legal Notice 101). Provision for resettlement action plans to address displacement/relocation impacts Regulations require RAP whenever relocation is identified as a project impact. 2.1 Other Acts of Parliament Relevant to this RAP Other Acts pertinent to this RAP are: a) The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act (No. 56 of) 2012: This Act makes further provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities, and gives effect to the Great Lakes Protocol on the Protection and Assistance of Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purposes. In this Act, provisions on the relationship between internal displacement and public interest are observed, where public interest is construed in reference to development projects or interests for the benefit of the people of the Republic, including persons displaced by such projects or interests. Vis-à-vis, according to the Act, displacement and relocation due to development projects or interests shall only be lawful if justified by compelling and overriding public interest; and, where the displacement and relocation cannot be averted: 23

25 The Government shall minimise it; The Government shall undertake public consultations with aims that include: i) awareness creation; ii) education on causes, impacts and consequences of internal displacement; and, iii) defining suitable and durable mitigation measures; The Government shall create the conditions for and provide internally displaced persons with a durable and sustainable solution in safety and dignity, and shall respect and ensure respect for the right of internally displaced persons to make an informed and voluntary decision on re-installation; and, Without limiting, the conditions that apply for durable solutions shall include: long-term safety and security; full restoration and enjoyment of the freedom of movement; enjoyment of an adequate standard of living without discrimination; access to employment and livelihoods; access to effective mechanisms that restore housing, land and property; access to documentation; equal participation in public affairs; and, access to justice without discrimination. b) National Museums of Kenya Act: National Museums of Kenya is a state corporation charged with research, management and documentation of historical sites, archaeological sites and site of natural and national heritage and monuments. National Museums of Kenya has also been designated as a national biodiversity centre and is involved in taxonomic and herbaria activities. c) Trust Land Act Cap. 288: Under this Act, all land that is not registered under any Act of Parliament is vested in local authorities as Trust Land. In these Trust Lands, a person may acquire leasehold interest for a specific number of years. The local authorities retain the powers to repossess such land for their own use should the need arise. By invoking the provisions of this Act, it will ensure proper use of such land within the provisions of the Act. d) Land Control Act 302: This Act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers can acquire replacement land. It also allows for all private land to be adjudicated and registered following which, a title deed is issued to the registered owner. Additionally, the Act controls the subdivision of agricultural land, in the process stating the economic size for agricultural land. Under the Act, all transferred land is registered with the District Land Registrar following approval by the Land Controls Board. 2.2 World Bank Operational Policy 4.12 The WB s Safeguard Policy OP 4.12 applies to some components of KISIP, 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. According to the Policy, particular attention should be given to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities, and other disadvantage persons. The Bank s Policy requires that the provision of compensation and other assistance to PAPs is carried out prior to the displacement of people. In particular, repossession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the Bank s Policy. 24

26 2.2.1 Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12 Table 2.1 summarises the comparison between Kenyan law and the WB OP 4.12 as regards compensation. The main difference between the two is that the Kenyan system recognises only title holders as bonafide property owners; while under the WB OP 4.12, lack of a legal title does not bar in extending assistance and support to those affected by development projects. With respect, the measure this Project will take to resolve this gap, and is reflected in the relevant sections, is the WB OP 4.12 shall prevail. Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation Category of Project Affected Persons & Type of Assets Land owners Just cash compensation based upon market value as prescribed under statute. On agreement with PAP, land compensation not exceeding in value the amount of cash compensation considered would have been awarded. Land tenants Entitled to just compensation based on the amount of rights they hold upon land under relevant laws. Illegal tenants not entitled to compensation Land users Entitled to just compensation for crops and any other economic assets. Illegal land users not entitled to compensation Owners temporary buildings Owners permanent buildings of of Kenyan Law WB OP 4.12 Entitled to just cash compensation based on market value (as prescribed under statute) or entitled to new housing on authorised land under government (state or local) housing programmes. Entitled to just cash compensation based on market value as prescribed under statute. On agreement with PAP, land compensation not exceeding in value the amount of cash 25 Recommends land for land compensation. Other compensation is at replacement cost Project Affected Persons are entitled to some form of compensation whatever the legal or illegal recognition of their occupancy. Whatever the legal recognition, entitled to compensation for crops, may be entitled to replacement land and income must be restored to at least pre-project levels. Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacements. Entitled to in-kind compensation or cash compensation at full replacement cost, including labour and relocation expenses, prior to displacement

27 Category of Project Affected Persons & Type of Assets compensation considered would have been awarded. Perennial crops Cash compensation based upon rates calculated as an average net agricultural income. Kenyan Law WB OP 4.12 As per specifications of the RPF. The Project therefore has to be developed in accordance with this safeguard policy. The objectives of the policy is summarized in Table 2.2 showing the specific objective and action taken. Such a Plan has to include (OP 4.12, Annex A, para. 22): Table 2.2 Showing the specific objective and action taken. Requirement 1 census survey of displaced persons and valuation of assets 2 description of compensation and other resettlement assistance to be provided 3 consultations with displaced people about acceptable alternatives 4 institutional responsibility for implementation and procedures for grievance redress 5 arrangements for monitoring and implementation Action Taken Undertaken in the RAP census between November 29-December 09, Provided for in the RAP report and PAPs Identification Schedule of this report The consultant undertook initial public meetings on the settlements. meeting were held with subcounty officers and more meetings will ensue during the RAP process. Provided for in this report 6 timetable and budget Provided for in this report. The RPF identified the RAP as the core instrument to be applied in responding to displacement impacts occasioned by implementation of KISIP activities. 2.3 Administrative Framework During the RAP preparation process, a number of key ministries and regulatory bodies critical to the successful implementation of the RAP were identified. Consultations were held 26

28 with these bodies in order to outline their legal responsibilities and identify parallel programme that could possibly impact the RAP process. These bodies include: Ministry of Lands, Housing & Urban Development The Program will be implemented under the overall supervision of the Ministry of Lands, Housing and Urban Development. Specifically, the Program will be managed under the Department of Urban Planning who have provided a Project Coordinator, Social Development Officer, Component Leaders and Secretariat Staff. In this capacity, the MLHUD will interface with other sector government agencies such as county government of Nakuru on matters and policies relating to local government and urban development. The MLHUD will interface with Ministry of National treasury on issues pertaining to programme funding to ensure smooth flow of both internal and external funding. MLHUD will communicate directly with the Bank on technical issues related to the implementation of the program including financial, procurement and physical progress of the implementation and all such communication will be take place under the signature of the Permanent Secretary (or his designated representative) as the overall accounting officer for the Ministry Naivasha Subcounty, For effective implementation of the programme, Naivasha Subcounty will be charge of implementation through its Project Implementation Unit PIU. The sub county will also be members of the Resettlement implementation committee (RIC), chaired by the Local Settlement Executive Committee Chairpersons and draw membership from the Town Engineer, Social Welfare Dept, Enforcement Dept, Survey Dept, Representative of PAPs, Local Chief and Religious Leaders and local civil society/cbo. Each RIC will establish a secretariat within the Works Office of the LA and will be provided with secretarial staff by the LA National Environmental Management Authority (NEMA). NEMA will review all ESIA reports in respect of KISIP sub-projects to ascertain efficacy and adequacy of proposed ESMPs and where displacement is identified as an impact, NEMA will requires that a RAP be prepared to guide the compensation process. RAP report will then have to be reviewed and cleared by NEMA before implementation and grant of Environmental Licenses Provincial Administration The provincial administration in Kenya is in charge of provincial boundaries which have divided Kenya into eight administrative boundaries. The provincial administrative structure is headed by County Commissioner appointed by the president supported by Assistant Commissioner, Location Chiefs and their assistant and the Village Elders. Their role in project implementation is to provide security and linkage to the central government Ministry of National Treasury Ministry of National Treasury is the borrower and interlocutor for the World Bank regarding KISIP. The MoF will therefore be responsible for the negotiations and signing of the credit and any amendments to the project s legal agreement Settlement Executive Committees (SECs) All the settlements have functional settlement executive committees (SECs) elected by communities from amongst themselves. They act as the bridge between the project and the 27

29 community, representing community interests, undertake community mobilization, act on behalf of the community, and ensure seamless flow of information between the community and the project. They also play a key role in conflict resolution and management. This team has received training on various project management skills Kenya Urban Roads Authority In charge of the management of urban roads. It approves road designs and maintains roads and hence implementation, operation and maintains of the proposed infrastructure National Environment Management Authority (NEMA) Approving and issuing EIA licenses for projects which have addressed environmental and social impacts. Costs of license provided for in the budget. Other relevant institutions have been summarized in Table 2.3 indicating also their capacity in implementation. Table 2.3 Summary of Institutional Framework and their Capacity for Implementation. No Institution Role Capacity 1 Ministry of Land Housing and Urban Development 2 County Government of Nakuru 3 Kenya Urban Roads Authority Houses the KISIP project Provides policy direction Handle land tenure issues Has the responsibility of implementing the RAP as spelled out in the RPF. In charge of the management of urban roads. It approves road designs and maintains roads. The ministry has experts in key areas: land management and administration, physical planning, resettlement Financial capacity is lacking. In the transition, KISIP providing assistance Capacity exists 4 KPLC Responsible for relocating electricity transmission lines from the road reserves Capacity exists. Costs provided in the BQ. 5 Naivasha water supply and sewerage company (NAWASSCO) 6 National Environment Management Authority (NEMA) Responsible relocating affected water infrastructure e.g. pipes, water kiosks to maintain service levels Approving and issuing EIA licenses for projects which have addressed environmental and social impacts Capacity exists. Costs provided in the BQ. Capacity exists. Costs of license provided for in the budget. 7 Ministry of Finance Financial management on behalf of the Borrower ( GoK) Capacity exists and funds will be made available. Provision of counterpart funding part of which is used to settle compensation claims by PAPs 28

30 3 CHAPTER THREE PROJECT DESCRIPTION Project Location The project will be implemented in Kihoto, Karagita, Kamere and Kasarani settlements in Naivasha subcounty, Nakuru County which are entirely urban informal settlements. Nakuru County has several local authorities which Naivasha subcounty is among them. Nakuru County covers 7,495 sq. km and a population of 1,603,325 (2009 Census), the density of Nakuru County is 214 persons per sq. km. The share of urban population in Nakuru is 45.8% and it is the sixth largest urban centre in the country. Naivasha was formerly in the larger Nakuru District in Rift valley province but currently it belongs to the newly created Naivasha District. It is situated about 90 km northwest of Nairobi and about 70 km from Nakuru town. In 1979, Naivasha was designated as an Urban Council and in 1993 it was elevated to its current status of a Municipality. The Council has jurisdiction over an area of 941sq. km including the area of the Lake Naivasha of 241 sq. km. Naivasha is one of the biggest Municipalities in Kenya. Naivasha Municipal Council created under the Local Government Act Cap 265, now repealed by the County Government Act,

31 3.1 Project Description and Design Figure 3.2: Map of project areas and Naivasha Township KISIP was designed with the following four components: Component 1: Strengthening institutions and project management - This component will support institutional strengthening and capacity building of the Ministry of Housing, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: enhancing tenure security- This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements. Component 3: Investing in infrastructure and service delivery - This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements. Component 4: Planning for urban growth- will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. During SES and FGD, the community and SEC members also identified investment priorities. The list included in order of priority the following: piped water connection and setting up of water points; roads; setting up more garbage collection points; construction of public/private toilets; storm water drainage; security lighting; vendor 30

32 platforms; and electrification (Table2.1). However, it may be noted that the households did not recommend construction of vendor platform The prioritized investment which has been settled on for the two settlements based on their feasibility and consultation with the stakeholders are described in the following sub-sections. Table 3.2 below shows selected projects in each settlement for implementation. Municipa lity Naivasha Subcount y Table 1.2: Types of projects proposed in the selected settlements Settlemen t Storm water drainag e Sewerag e Drinking water supply Road upgradi ng Floodlightin g Solid Waste managem ent (optional) Kihoto x x x x x x Karagita x - x x x x Kamere x x x x x x Kasarani x x x x x x For more detailed descriptions of each of these projects, see the respective Settlement Upgrading Plans, Final Design Reports and Project design layouts in Appendix 1. When undertaken, these initiatives have the potential of responding to the following current problems: The challenge of accessibility within the four settlements by improving the poor road The challenge of flooding, and soil erosion within the four settlements during rainy seasons and addressing sanitation issues. The challenge of insecurity due to poor lighting within the four settlements. It was however established that the implementation process may require the following adjustments: Roads All structures on land to be used by the project (for road upgrading, the sewer line and the drainage channel) must be removed before the commencement of the project. The relocation and resettlement issues must be addressed before the commencement of the project. The roads will be paved and will entail tarmac, and murram roads. The draft aerial design of the roads in the four settlements of Naivasha is shown in Appendix 2 as the project design layouts. 31

33 3.1.1 Drainage works Insufficient and malfunctioned drainage systems, often causes flooding. This was considered as a major problem in some of the settlements included in this study. The combination of waste (plastic bags to a large extent) and sand can completely clog culverts and drains. Maintenance of the new structures will be essential, and a good solid waste management should be implemented in order to reduce this problems. Aerial impressions of the proposed drainage systems per settlement are attached as Appendix Water Supply and Sewerage In a considerable number of settlements included in the study, drinking water is a problem while the available Lake water is not good for drinking purposes due to high content of flouride. While the infrastructure of pipes may be available, there are issues concerning supply (rationing/peak demands not being met), quality and cost of the product). Very few households are connected to a sewerage system. In some instances there is no sewage infrastructure at all and where it exists, it is plagued by blockages and is not functional. This investment menu will be rolled out in Kihoto, Kamere and Kasarani settlement. Karagita settlements will not be implemented because there are already similar initiatives on going in the settlement. Aerial impressions of the sewerage network for the settlements is attached as Appendix Security Lighting Providing of street or security lighting in the settlements, will ensure enhanced lumination and security in areas like public transport terminals, markets, schools, social halls, police posts, playing fields and walking routes. The consultant has proposed 17 tower masts Kihoto 5, Karagita 5, Kamere 3 and Kasarani 4. Minimal environmental and social issues are expected as a result of the implementation of this type of projects, while many positive impacts are expected Solid Waste Management The community cooker station will provide a safe, easy and conveniently located where smaller loads delivered by handcarts and individuals will be consolidated, sorted and utilized. The proposed community cooker collects and burns rubbish in order to generate heat that can be used for cooking, baking, boiling water and for other light industrial purposes. The cooker turns rubbish into energy for cooking, baking and boiling water. It has 32

34 two complementary functions; to address sanitation, health and environmental issues associated with the growing mounds of rubbish in informal settlements, and to provide communities with alternatives to charcoal, firewood and paraffin for cooking meals and boiling water. The Community Cooker has the potential to transform informal settlements and rural villages into resource rich communities. Simple Layout of community cooker is shown below in figure 4.1. five number community cooker will be constructed one in Kihoto, Kamere, Kasarani and two in Karagita due to the expansive and densely population. 3.2 Summary of Project s Resettlement and Relocation Impacts as shown in Table

35 Table 3.3 Project types and impact on residents Project Type Characteristics Potential impact on residents Mitigation measures Floodlighting Intervention localised in one spot (position of the masts). Sites for masts selected in a way as not to interfere with present land occupation by residents (location in specific public land). Road upgrading Storm water drainage Upgrading existing roads, surfacing. Linear structures, but only existing roads will be upgraded, no construction of new roads Main components: Upgrading or rehabilitating of existing drainage channels. Possibly construction of some new drainage channels. Maintenance of or construction of new culverts, road crossings etc. None Where residents have encroached on road way-leave, by expanding their plot of land, they will have to liberate this space. Any structures on the road way-leave will be removed. No land outside of the road right-of-way will be occupied, no physical relocation of residents required. The consultant has also undertaken a census of such property Potential impacts: Temporary impact by constructing of drainage channel within compound; once this is covered, the land will be available again. Permanent occupation of a part of some compounds if open channels are None Occupation of road way-leave illicit, occupied land must be liberated, no compensation to be made. Through long term occupation without any objection from the land owner municipality, state), the occupation turned into a customary right. Compensation might have to be made. Compensation for severance and loss of livelihood for a calculated number of days. A census has been undertaken to establish the PAPs and their entitlements. Occupation of road way-leave illicit, occupied land must be liberated, no compensation to be made. Through long term occupation without any objection from the land owner municipality, state), the occupation turned into a customary right. Compensation might have to be made. Compensation for severance and loss of 34

36 Upgrading or construction of main drainage channel. All are linear structures, potentially resulting in conflicts with present land occupation. constructed. All efforts were made in the planning stage to avoid or minimise impacts. livelihood for a calculated number of days. A census has been undertaken to establish the PAPs and their entitlements. Sewerage Main components: Upgrading of existing sewage channels or ducts. Construction of new channels or ducts. Construction of trunk sewage channel or duct. Construction of WWTP (waste water treatment plant) if connection to an existing one is not feasible Linear structures (with the exception of the WWTP). Basically same impacts as for drainage (see above), but probably to a lesser extent (smaller structures). Same efforts taken to avoid and minimise impacts. Same types of compensation as for drainage (see above). Potentially some temporary impacts (ducts crossing a compound), for which an inconvenience compensation will have to be made. However, if work has to be done within a compound for connecting the house to sewerage system, this will not be considered as a nuisance entitling for compensation. Ablution blocks Drinking water supply Main components: Water reservoir. Main ducts to settlements. Distribution system within settlement. Linear structures (with the exception of the reservoir). Basically same potential impacts as drainage (see above), however, to a much lesser extent, since the ducts and distribution pipes will be underground, mostly following or within roads. Same types of compensation as for drainage, however, expected to be much less, since structures mainly aligned in or along roads. Potentially some temporary impacts (ducts crossing a compound), for which an inconvenience compensation will have to be made. However, if work has to be done within a compound for connecting the house to the piped water system, this will not be considered as a nuisance entitling for compensation. Solid Waste Management Main components: Solid waste management The community cookers in the four settlements has been By provision of community cooker and security lights, the subcounty government 35

37 transfer sites anchored on public land under control of Naivasha Subcounty council. The community cooker and security lights will utilise same land. has promised to cede off land for this critical service. 36

38 4 BASELINE SOCIO-ECONOMIC SITUATION 4.1 Background The socio-economic baseline is a part of Kenya Informal Settlement Improvement Project (KISIP) which aims at improving the living conditions of informal settlements in Kenya. The assignment involves three main tasks viz. conducting socio-economic survey of selected settlements; preparing a preliminary settlement up-gradation plan, including design and feasibility studies for proposed infrastructure investment; and preparing a final up-gradation plan along with detailed engineering designs and bid documents. The scope of the assignment is limited to selected settlements in three municipalities, namely Nairobi, Machakos, and Naivasha. This report presents the key findings of socio-economic survey conducted in four settlements in Naivasha viz. Karagita, Kihoto, Kamere, and Kasarani. Detailed socioeconomic baseline report is found in the Socio-economic Report of the Naivasha Subcounty settlements. Below are excerpts of the settlement as found in socio-economic report Karagita Figure 4.1 Summary of Socioeconomic survey findings karagita In Karagita, socio-economic survey covered 364 households. Key findings are as follows: 94.2% of the households are rent paying tenants. 69.3% of the owners have a certificate or freehold title and remaining owners possess temporary occupation license. 37

39 Only 11.3% of the households have access to improved roads (i.e. paved/gravel/ murram/ tarmacked roads) and about one-fourth (23.9%) have mentioned that roads are usable during rainy season. A miniscule proportion of the households, 1.1%, have access to private/ shared piped water supply, and the reaming households rely on water kiosks/tankers/ vendors/etc. 85.4% of the households have electricity connection. Only 5.5% of the households have reported availability of street lights. 76.9% of the households use public/shared latrine and another 22.8% have individual latrines. Only 7.7% of the households have their toilets formally connected to public sewerage system while 87.6% dispose excreta into pit latrines. 30.5% of the households have drains outside their houses 17.1% of the households avail garbage disposal services provided by city collection system or private/cbo run system. 47.5% of the households consider flooding during rains a severe problem, while for 43.4% of the households garbage dumping in nearby areas is a severe problem. Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 67.4%, 62.2%, and 90.8% of the households respectively. 42.3% of the households have identified malaria as one of the major disease burdens in the settlement while another 32.1% of the households mentioned respiratory problem as a dominant health issue Kihoto In Kihoto, socio-economic survey covered 426 households. Key findings are as follows: Figure 4.2 Summary of Socioeconomic survey findings Kihoto 38

40 91.3% of the households are rent paying tenants. 90.9% of the owners possess a freehold title or a certificate of title, and 6% have a temporary occupation license or share certificate for the land. Only 9.5% of the households have access to improved roads (i.e. tarmac/gravel/ murram/ paved roads) and only 14.3% have mentioned that roads are usable during rainy season. Almost all households (83.8%) rely on water kiosks/tankers/ vendors/etc. for water supply. A negligible proportion (0.7%) of the households have piped water supply either through private or shared connection. 85.4% of the households have electricity connection. Only 4% of the households have reported availability of street lights. 70% of the households use public/shared latrine while 30% of the families have individual latrines. 8% of the households are formally connected to public sewerage system and another 83.8% dispose excreta into pit latrines. 30.8% of the households have drains outside their homes. 18.8% of the households dispose garbage through private collection, city collection system, or system run by CBO. 54% of the households consider flooding during heavy rain as a severe problem, while for 28.2% households garbage dump in nearby areas is a severe problem. Non-availability of high school, health clinic, hospital, and park within 20 minutes of walking distance have been reported by 92.4%, 70.5%, 87.6%, and 89.2% of the households respectively. Malaria, respiratory problems and typhoid have been identified as predominant diseases by 48.8%, 28.2% and 16.2% of the households respectively. 39

41 4.1.3 Kamere Figure 4.3 Summary of Socioeconomic survey findings in Kamere Socio-economic survey in Kamere covered 387 households. Key findings are as follows: 97.4% of the households are rent paying tenants. 66.6% of owners possess either a certificate of title or a freehold title and remaining owners possess letter from chief or temporary occupation license. Only 21.5% of the households have access to improved roads (i.e. tarmacked/gravel/ murram/paved roads) and a little more than one-fourth (27.5%) have mentioned that roads are usable during rainy season. Barring 1.5% of the households who have access to piped water supply through private/shared connection, all other households rely on water kiosks/tankers/ vendors/etc. 70.2% of the households have electricity connection. Barring 1, all the households have reported non-availability of street lights. 70% of the households use public/shared latrine and another 29.2% have individual latrines. Only 9.7% of the households have toilet facilities formally connected with the public sewerage system. The remaining 85.4% of the households dispose excreta into pit latrine. About one-third (33.2%) of the households have drains outside their homes. 15.4% of the households dispose garbage through private collection, city collection system, or system run by CBO. 61.2% of the households consider location of houses in the proximity of garbage dump as a severe problem. Similarly, 28.2% of the households have stated flooding during heavy rain as a severe problem. 40

42 Non-availability of primary school, high school, hospital, and park within 20 minutes of walking distance have been reported by 47.5%, 91.5%, 90.5%, and 76.5% of the households respectively. Malaria and typhoid have been identified as predominant diseases by 41.7% and 30.6% of the households respectively Kasarani Figure 4.4 Summary of Socioeconomic survey findings in Kasarani Kasarani, socio-economic survey covered 412 households. Key findings are as follows: 90.1% of the households are rent paying tenants. 62.9% of owners possess either a freehold title, or a certificate of title, and 29.6% have a temporary occupation license, or a letter from chief. Only 9.8% of the households have access to improved roads (i.e. gravel/murram/ paved roads) and about 24.6% of the households have mentioned that roads are usable during the rainy season. 12.2% of the households have piped water supply through private/shared connection, remaining households rely on water kiosks/tankers/vendors/etc. 73.2% of the households have electricity connection. Only 1.7% of the households have reported availability of street lights. 71% of the households use public/shared latrines, and another 28.4% have individual latrines. Only 5.5% of the households are formally connected to public sewerage system, while 91.1% dispose excreta into pit latrines. 21.9% of the households have drains outside their homes. Only 4.7% of the households dispose garbage through private collection system. The city collection or CBO-run collection system does not operate in the settlement. Proximity to garbage dump and flooding during heavy rains are considered as severe problems by 48.1% and 25.2% of the households respectively. 41

43 Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 83.1%, 95.3%, and 92.2% of the households respectively. Malaria and typhoid are identified as predominant diseases by 37.7% and 31.1% of the households respectively. 4.2 Minority and Vulnerable Groups As presented in the previous sections, the study identified the following minority groups: Household heads of the ages of 18 to 20; Elderly household heads (over 60 years to 100 years); Household heads who cannot read and write; Households that rely solely on crop farming as a source of income. Vulnerable populations identified among the above minority groups that should be given special attention are: The elderly; The youth; The unemployed; Female headed households; Squatters with no alternative land for resettlement. Households that are a combination of one or more of the above parameters are likely to be impoverished by relocation or resettlement if special programmes are not put in place to cater for their special needs. 42

44 5 PUBLIC CONSULTATION AND DISCLOSURE 5.1 Background Objectives and Goals The overall goal of the consultation process is to disseminate information on the relocation plan, compensation plans and responsibilities. The process was also aimed at incorporating the views of the Project Affected Persons (PAP) in the design of the mitigation measures and the Relocation Action Plan. The main objectives of community consultations were to: Provide clear and accurate information about the project to the communities; Obtain the main concerns and perceptions of the population and their representatives regarding the project; Consult on the community s perceived negative impacts associated with relocations; Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms; Identify local leaders with whom further dialogue can be continued in subsequent stages of the project. 5.2 Stakeholder Engagement Stakeholders were engaged through a series of public meetings held in the four settlements. In summary, Public and Stakeholder engagement was done through: Public Barazas at settlement level; Household Surveys; 43

45 Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement Community Sensitisation Meetings The public meetings were conducted with the Project Affected Persons through public barazas at the Location and Sub-Location level. Though the target groups were the PAPs, the meeting was kept open to community members who lived in the settlement. This was expected to disseminate the information to the community members thus the meetings also served as community sensitisation meetings. Minutes and attendance list of the meetings provided in Appendix 2. The schedule of public meetings was as presented in Table 5-2. For areas where the meetings could not be held, footers are provided after the table. Table 5-2 Schedule of Public Meetings Location/Settlem ent Venue Date held No. of Attendee s Kihoto Church on the river 02/12/ Karagita Vine yard Church 02/12/2013 XX Kamere Hippo Boat point 03/12/ Kasarani Kasarani 03/12/ Dispensary Total 151 XX Cancelled due to lack of quorums on 02/12/2013 and cancelled again on o6/12/2013 due to non cooperation by the settlement residents. 44

46 Table 5.2 showing photos of public meetings A mobilisation poster as posted in Kamere Settlement. Members present in the public meeting in Kamere. A mobilisation poster as posted in Kasarani Settlement. Members present in the public meeting in Kasarani. 45

47 Memebers of public read a mobilisation letter at Kihoto. Public meeting at Kihoto Naivasha Household Surveys A total of 1271 households were consulted during the study. These households included encroachers, structure owners, business owners in the entire settlements. 5.3 Disclosure of the RAP Report Disclosure of RAP report by MLHUD and WB The RAP will be posted in the MLHUD website the and WB s infoshop for public review and comments. The Final Report should also be made available in either the following ways or both: A copy of the report should be made available at the local area administration offices Area Chiefs Office) and at strategic and convenient places in the respective settlements. Future consultations should include mechanisms to promote consultations to ensure that stakeholders maintain active participation during consultations. 46

48 6 IMPACTS AND MITIGATION MEASURES 6.1 Evaluation of the Impacts of the Project To make possible evaluation of the impacts of KISIP support on Naivasha Informal Settlemenst, the guidelines provided by the Resettlement Policy Framework (RPF) for KISIP was made use of. Generally, the design for infrastructure improvement in Naivasha Informal Settlements envisages the following disruptions and losses. Proposed against each anticipated disruption and loss is its mitigation measure(s) Number of Project Affected Persons The study conducted from November 29, 2013 to December 09, 2013 on PAPs in Naivasha Informal Settlements estimated the number of PAPs to be Majority of these were established as business tenants (729) then there were 466 property owners, and 78 residential tenants who will be affected. None of the PAPs was located on privately owned land; all were on public land, the land the Project has identified to utilise towards improving the infrastructure facilities in the Settlement. All the PAPs in the four settlements had made developments or encroached onto public land. Residential tenants (78) had their landlords develop corridors or pavements of their residents onto the road reserve. Figure 6.1: Category of Project Affected Persons by Encroachment on Public land Source: Field Survey 47

49 6.1.2 Loss of Structures and Proposed Mitigation Measures However, there are assets on the existing roads, access road reserves and public passageways identified to implement the proposed infrastructure facilities in Naivasha Informal Settlement. The description of these assets is as presented in Figure 6.3 and Tables 6.1. Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed Infrastructure in Naivasha Informal Settlement Encroachment onto the road by shop fronts. The design will utilize the LHS of the road to minimize projects. 48

50 Figure 6.3: Type of Project Affected Assets Source: Field Survey 49

51 Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority of Cases Studied Type of Affected Structure Description of Construction Material of Affected Structures Given in Terms ofmajority of Studied Cases Wall Roof Floor Other Veranda Concrete:4.4% Iron Sheet:6.6% Metal Bars/Mesh Wire:51.1% Wodd:13.3% Wood:6.6% Iron Sheet:13.3% Metal Bars/Mesh Wire:48.8% Dumping site Concrete/Stone: 100% Concrete/Stone: 66.6% Kiosk (or Kibanda) Iron sheets: 7.2% Wood: 24.7% Metal Bars/Mesh wire:55.1 % Mud/earth/clay 0.1% Concrete stone 4.3% Glass/reeds:0.1% Plastic papers/bags:2.1% Iron sheets: 1.8% Metal Bars/Mesh Wire:4.6% Wood :0.9% Cement:0.9 % Concrete/Stone: 0.9% Grass/reeds:0.1% Iron Sheets:18.5% Metal Bars/Mesh wire:31.5% Mud/earth/Clay:5.7% Wood:3.5% Shade Iron Sheets: 100% Iron Sheets: 100% Corridors Concrete stone 100% Concrete 50.0% Wall Concrete stone 100% Fence Wood: 50.0% Iron sheets:28.5% Concrete stone:21.4% Tank Concrete stone:50.0% Concrete stone:50.0% Window Extension Wood:100% Iron sheets: 100% Cement:100% 50

52 Type of Affected Structure Description of Construction Material of Affected Structures Given in Terms ofmajority of Studied Cases Wall Roof Floor Other Toilet Iron sheets:50.0% Concrete stone, Cement::50.0% Iron sheets:50.0% Wood:50.0% Ground Metal Bars/Mesh wire:% Metal Bars/Mesh wire:% Counter Wood:100% Permanent floor N/A Concrete stone:100% Houses/Building Iron sheets: 7.2% Wood: 23.6% Cement:1.8% Concrete stone:47.2% Mud/earth/clay:100% Metal Bars/mesh wire:10.9% Plastic papers/bags:1.8% Iron sheets,wood:3.6% Iron sheets: 5.4% Wood:1.8% Cement:1.8% Wood:30.9% Iron Sheet:45.4% Metal Bars/mesh wire:5.4% Septic Tank Concrete/Stone:100% Iron Sheet:100% Total (Count) Iron sheets: 130.7% Wood: 129.5% Concrete/Stone: 110.2% Cement: 100% Grass reeds:100% Iron sheets:156.2% Metal Bars/mesh wire:110.0% Wood:100% Mud/earth/clay:% Cement:137.5% Concrete/stone:150.0% Grass/reeds:100% Iron sheets:113.7 % 51

53 Type of Affected Structure Description of Construction Material of Affected Structures Given in Terms ofmajority of Studied Cases Wall Roof Floor Other Mud/earth/clay:9.0% Metal Bars/mesh wire:120.6% Plastic papers/bags:113.3% Tiles:100% Metal Bars/mesh wire:111.3% Wood:1000% Tiles:100% Percentages and totals are based on respondents. Source: Field Survey 52

54 Majority of property to be affected are kiosks/kibandas in the settlement. However, these traders indicated that they are willing to pave way for the project construction. The project should facilitate the PAPs to able to relocate their businesses and structures to other roads not under the project and a severance of 4 days as per the business earnings per day. The number of electricity poles affected is 316 and 16 water kiosks in the entire four settlement of Naivasha. These has been provided for in the BoQs as relocation of services Loss of Revenue and Proposed Mitigation Measures As illustrated under above, the field survey conducted in the beneficiary Settlement from the November 29, 2013 to December 09, 2013 established structures for commercial use will be affected toward effective implementation of the Project. These are significant in number. Table 6.2 presents the types of businesses practiced within these Project affected structures for commercial use. Observable, the bulk of business type is in selling of vegetables and/or fruits. Documented from the field survey, as Tables 6.2 and 6.3 illustrate, all the affected businesses are micro in scale. None is registered; majority operate from temporary structures; they operate from an area averaging less than 5m 2 in size; the number of employees per business range from one (1) to six (6), majority of the business are sole proprietorship and ran by owners or family, 94.2% are permanent employees or business owners and 5.7% are on temporal employment. according to the owners, majority 39% earn a profit of not more than Ksh. 500 per day. A further 22% of the respondents didn t disclose their business incomes. Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement 53

55 Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use Type of Affected Business a Category of Project Affected Person Total (Count) Land Residential Business Property owner owner tenant tenant Green Grocer ( selling vegetables 20 and/or fruit) General Retail Shop Posh mill Cooked Food Kiosk Tailoring and Dressmaking Jua kali/metal work Mali Mali Seller Barber (or Kinyozi) Fish Monger Hairdressing Charcoal and/or Firewood Seller Garment Retailer (Boutique/Clothes Store) Bicycle Repair Cereals Trader

56 Type of Affected Business a Category of Project Affected Person Total (Count) Second Hand Clothes Dealer Carpentry/Furniture Workshop Land owner Property owner Residential tenant Business tenant Shoe Seller Shoe Repairer Others counted as three for each are: Others counted as two for each are: Butchery Butchery,Charcoal,Gr ocery, Electronic Shop, Water Vendor Grocery/Charcoal Vendor, Miraa Dealer, Potato Supplier Electronic Shop Water Vendor, Butchery, Hardware, Household Business Accessories, Battery Charging, Milk Vendor, M-Pesa Shop, Roasting Maize, 55

57 Type of Affected Business a Category of Project Affected Person Total (Count) Land Residential Business Property owner owner tenant tenant Others counted as one for each are: Beauty Shop, Car Mandazi Wash, Chips Seller, Kiosk, Meat Flower Farm, Gas Butchery, Vendor, Pool Vendor, Grocery/Fish Electrical Radio Table, Vendor, Knitting Repair Kiosk, Salon/Mpesa, Stall, Maize Vendor Food/Vegetable Selling And Groceries, Kiosk, Grain Mirraa, Mandazi Kiosk, /Food/Vegetables Supermarket, Video, Water Market, Milk Vendor, Kiosk, Mandazi Vendor Motorcycle Repair, Kiosk, Miraa M-Pesa Shop, Dealer, Phone Welding, Transport, Repair Kiosk, Sign Writing, Roasting Maize, Shoe/Cap Dealer, Welding Shoe Shiner, Total (Count) Percentages and totals are based on respondents. 56

58 Table 6.4: Average Net Business Income (Profit) Per Day Average net Frequency Percent business income (profit) per day (Ksh) From: From: From: From: Above Sub Total Non responsive Total Source: Field Survey On the mitigation measures the Project could take with respect to the affected businesses, please refer to Table 6.5 (Table 6.5: This RAP Report s Proposal of How Project Affected Person Is to be Compensated/Mitigated). The proposals are shaped by the guidelines provided by the Project s RPF. 57

59 Table 6.5: Entitlement Matrix TYPE OF LOSSES CATEGORIES OF AFFECTED PERSONS ENTITLEMENT Loss of access to the road reserve as space for business All types of affected Persons No cash compensation or land replacement for loss of land at the project area in the four settlements. This is because public right of way is public property and the PAPs are considered as squatters. But affected persons will be given alternative space for business e.g. inside nearby markets. 58

60 Loss of business Premise Relocation of open stalls, wooden stalls, Kiosks etc.: Land and Business Owners. Business owners who are not land owners Vendors Tenants Alternative place for business will be provided by the Sub County Government for all affected PAPs. Movement allowance to cover the cost of moving structures (transport plus loading/unloading) shall be provided by KISIP. Alternatively, cash compensation at replacement cost (calculated without depreciation) Cost of labour for dismantling and reconstruction will also be provided by KISIP. Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure. 59

61 Relocation of mobile vendors: Business owners who are not land owners Vendors Itinerants The County Government shall liaise with appropriate market associations to provide space in nearby markets for the vendors. For a location that is far (50m), transfer allowance to cover transportation will be provided by KISIP. 60

62 Shifting of vendors Stalls and shops KISIP will provide labour cost for dismantling and reconstruction of affected vendors stalls and shops. 61

63 Landlords have encroaching walls of their property. 2 months notice to readjust the fence and salvage materials. Tenants will be given 2 months notice to relocate for the rehabilitation of the affected structures. Loss of property and tenancy Land lords and Tenants The Project should consider, to the extent possible, is avoiding relocation of the PAPs (living in the structures) to new sites outside the Settlement. With respect, the Project could: Redesign to avoid relocation, where it is considered feasible; and, In extremely unavoidable circumstances, the Project should identify within the Settlement an empty housing structure, relocate the household to this structure, and compensate the structure owner for the demolition of the structure. The value of the compensation to the structure owner should not be less than the replacement cost of the structure. Re-installation of the household should be as per the guidelines provided in the Project s RPF. 62

64 Only PAPs that will be relocated to nearby the market KISIP will provide allowances in lieu of lost daily profit for 4 days. Transport allowances will be provided to the PAPs to allow them transport their salvaged structures. Loss of Income from business premises Vulnerable group KISIP shall provide loss in daily profit to all identified vulnerable groups, as identified in this RAP Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures From the infrastructure improvement design proposed for the beneficiary Settlement and to be implemented by the Project, the field survey conducted from the November 63

65 28, 2013 to December 09, 2013 established that no household will be moved; and proposed as a mitigation measure, should it be found otherwise during engineering works phase of the Project, highly recommended is re-installation within the Informal Settlement, which is synonymous to the Project beneficiary area. In the Project beneficiary area, established from the field survey carried out between during the study period. 1) Temporary disruption to electricity supply to the Settlement is anticipated toward effective implementation of the Project. On the roads the Project is targeting to improve in the Informal Settlement. mitigated by adequate prior notices to the settlement. However this doesn t occasion any economic loss. 2) Temporary interruptions with respect to water and sanitation services in the Informal Settlement are as well expected. These include water kiosks and their supply network. These will be damaged during construction. To minimise on the magnitude of disruptions, the mitigation measures proposed by this Report are: a) Undertaking of group jobs. b) Regarding disruption on water supply: During construction, the Project shall ensure households whose individual or yard tap or water kiosks connection is affected shall be supplied with water by use of temporary pipes called high-lines 64

66 6.2 Eligibility The World Bank Resettlement Policy/Guidelines require compensation for the lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihoods. In this project, the absence of formal titles will not constitute barrier to resettlement assistance and rehabilitation. The qualified PAPs that are eligible for compensation and other project assistance include: 1. Those PAPs that are on the way leaves for drainage and roads. 2. PAPs that will have to demolish part or whole of their dwellings. 3. PAPs who require transport for their properties to another location. 4. PAPs that need to carry out re-construction works du to either relocation or shifting backwards. 5. PAPs whose income will be impaired. All PAPs in Naivasha Subcounty settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement satisfy paragraph (a) and (b) and therefore they are allowed relocation assistance in accordance to the conditions of KISIP s RPF. Appendix 4 gives the list of PAPs. 6.3 Valuation and Compensation for Losses Valuation of assets in Kihoto, Karagita, Kamere and Kasarani along the roads, drainage and sewer to be upgraded was conducted by qualified surveyor and registered valuer between 13th and 17th January 2014 to ascertain individuals whose properties or livelihoods will be directly or indirectly affected by the project activities. Valuation was conducted at locations of structures encroachment to the project area. Guiding principle adopted in the formulation of the compensation valuation is that lost income and assets will be valued at replacement cost such that the project affected populations should experience no net loss. This is in accordance with the KISIP Resettlement Policy Framework and World Bank operational policy on involuntary resettlement, OP In line with the above principle, an all encompassing survey and valuation of the assets and loss of income by the Project Affected Persons (PAPs) was conducted. Considering that compensation, in the form of alternative spaces in nearby markets in Karagita, Kamere and Kasarani will be offered to the PAPs who are predominantly small market traders and due to the fact that they will not need their structures in the new markets, there will be no huge monetary compensation or replacement of land or business premises/structures. 65

67 As already stated, there will be no demolition of structures hence structures will not be valued since PAPs will be allowed to dismantle their structures and reuse them at relocated locations or in the markets provided as alternatives. KISIP will provide supplementary assistance to affected PAPs. Depending on the type of materials used for the construction of structures, rates will be considered for cost of labour and transportation allowance. Basically two types of materials are prevalent: wood/plywood and steel/iron sheets. The rates that were confirmed to us by the PAPs and assessed by certified valuer will apply and these are: 1. Transportation cost for moving structures from project corridors e.g vending platforms (lock-up wooden shops) and open stall (dismantled wooden materials) Ksh Cost of labor for dismantling the affected structure (lock-up wooden shops) and open stall Ksh.1, and vending platforms KShs Allowance for income losses: at an average of Ksh for 4 days. 6.4 Payment of Compensation In line with the World Bank operational policy on involuntary resettlement (OP 4.12), KISIP will ensure that the conditions of PAPs are restored to the status that is at the minimum commensurate to their pre-project status. List of all PAPs has been documented in the PAP register. In addition, every person affected by the project registered with his or her national identification card for easy identification for possible compensation. The register has among other parameters indicated the name of the person, business type, and identification number. The identity cards will serve as the major identification for restitution. The RAP implementation will verify the correctness of each PAPs as stated in the register and ascertain that every identity card holder is correctly documented in the register. On completion of the PAP audit list, the Project Coordinator will setup team that will carry out payment and compensation. This team will consist of KISIP s accountant, legal and ƒ social safeguard expert including representatives of the County Government and SEC. Payments will be made according to locations and adequate information will be made available to all affected persons prior to payment. Such information will include: 1. Dates and locations of payment 2. List of eligible people and amount 3. Mode of payment etc. An appropriate framework to deliver the compensation payments to the PAPs will be decided by KISIP in line with government financial management regulations and as much as possible keeping in mind that most PAPs have no bank accounts. In the event 66

68 that an individual is absent during payment, the compensation committee will immediately communicate new date of payment to such individual(s) 6.5 Notification The PAPs will be served with adequate notice of 30 days to relocate upon compensation and before the commencement of works. All the stakeholders in the project e.g. KURA, NEMA, KPLC, will also be notified of the relocation exercise 6.6 Grievance Redress Mechanism Given the enormity of the challenges associated with grievance redress, the consultant recommended dispute resolution mechanism in which, as far as possible, all disputes are resolved at the community level and will include the area chief. Community grievance committee will be formed at the settlement. An appeal from the settlement grievance committee is passed on to joint grievance committee composed of SEC members, at least 1 representatives from Non-Governmental Organization (NGO), three officers representing the client from the KISIP Subcounty Team- heads of component 3, which should include legal expertise, accountant,. It is recommended that the Subcounty KISIP Coordinator should chair the team. The legal expert from the joint grievance committee shall be the secretary of the committee and they shall meet once every fortnight to address pertinent issues raised. The functions of the Grievance Redress Committee are: 1. Provide support to affected persons on problems arising from loss of business area and/or eviction from the setbacks; 2. Record the grievance of the affected persons, categorize and prioritize the grievances that need to be resolved by the Committee; and 3. Report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigations include: i. Affected persons not enlisted; ii. iii. iv. Losses not correctly identified; Inadequate assistance or not in line with entitlement matrix; Dispute about ownership; v. Delay in disbursement of assistance; and vi. Improper distribution of assistance. It is the responsibility of the grievance redress committee to satisfactorily address all complaints brought by the project-affected persons. On the condition that an affected 67

69 Figure 5.1: Grievance Redress Mechanism First Instance: Local mediation with ruling under the auspices of settlement grievance Committee, and area chief. If not successful Second Instance: Joint Committee SEC representative, at least representatives from two Non Governmental Organizations (NGOs), three officers representing the client from the KISIP municipal Teamheads of component 3 and representation from KURA, in the presence of legal counsel. If not successful Third Instance: Court of Law according to Kenyan laws with legal representation of PAP. person is not satisfied with the decisions of the committee to the appeal level, such person has an opportunity to seek the intervention of the formal judicial mechanisms. 6.7 Implementation Schedule The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the envisaged projects in the four settlements (Kihoto, Karagita, Kamere and Kasarani) to the completion and the time that the infrastructure will be fully available to full use. It should be noted that the procedure in the schedule starting from notification of the PAPs before their displacement through compensation and resettlement will be done in phases to synchronize with the various phases of the project. The RAP Implementation schedule defines the duration and timing of the key milestones and tasks. The major component tasks for the schedule include: 1. Preparation of RAP 2. Consultation and Disclosure of RAP 3. Audit of the PAP register and compensation package due to each PAP 4. Resolving emerging grievances 5. Compensation and/or Supplementary assistance 6. Notification of PAPs to relocate 68

70 7. Commencement of project operations 8. Monitoring and evaluation, including baseline update Table 6.6 shows the implementation schedule specifically for relocation of PAPs within the Project beneficiary areas; this however will be developed in further details. 69

71 Table 6.6: Proposed Implementation Schedule Activity Weeks from Approval of RAP Report Approval of RAP Disclosure of the RAP Report Audit of the RAP report to verify PAP and compensation details Resolution of conflicts and Grievances Payment of compensation to PAPs and facilitation of relocation Issuance of notices for relocation Actual relocation Commencement of works Monitoring of the resettlement activities Post Relocation activities 70

72 6.8 Monitoring and Evaluation Monitoring and evaluation of the Project, as regards compensation, is significant as it facilitates in assessing whether the Project objectives of just re-installation are met. The monitoring plan indicates parameters to be monitored, institute monitoring guidelines and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. The procedures include internal track keeping efforts as well as independent external monitoring. The purpose of resettlement monitoring for the KISIP project will be to verify that: i. Actions and commitments described in the RAP are implemented; ii. iii. iv. Eligible project affected people receive their full compensation prior to the start of the rehabilitation activities on the project area; RAP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving preproject living standards; Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken; v. If necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people. The World Bank operational policy (OP 4.12) states that the project sponsor (KISIP) is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both warning system for the project sponsor (KISIP) and channel for the affected persons to make known their needs and their reactions to resettlement execution. KISIP monitoring and evaluation activities and programs would be adequately funded and staffed. In-house monitoring may need to be supplemented by independent monitors to ensure complete and objective information. The RAP monitoring plan and framework is adopted from IFC (Handbook for Preparing Resettlement Action Plan). It involves: 1. Internal monitoring by KISIP; 2. Impact monitoring commissioned to specialized firms; and 3. RAP Completion Audit 71

73 Table 6.7: RAP Monitoring Plan Component Activity Performance monitoring Type of Information / Data Collected Measurement of Input indicators against proposed time table and budget including procurement and physical delivery of goods, structures and services. Source of Information/ Data collection Methods Monthly or quarterly narrative status and financial reports Responsibility for Data Collection, Analysis and Reporting KISIP PCT KISIP County Team, SEC Frequency/ Audience of Reporting Semiannual/annual as required by KISIP and World Bank Impact monitoring Tracking effectiveness of inputs against baseline indicators Quarterly or semiannual quantitative and qualitative surveys Project resettlement unit or contracted external monitoring agency Annual or more frequently as required by KISIP and WB Completion audit Assessment of PAP satisfaction with inputs Measurement of output indicators such as productivity gains, livelihood restoration, and developmental impact against baseline Regular public meetings and other consultation with people affected by the project; review of External grievance assessment/signoff report based on performance and impact monitoring reports, independent surveys and consultation with affected persons Contracted external auditing and evaluation agency On completion of the RAP time table as agreed between KISIP and WB 6.9 Costs and Budget The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. The population affected by this project, includes people occupying land on the road reserve in violation of Kenyan laws. These groups of people; who are often referred to as squatters, are not entitled to compensation for loss of land under both the OP 4.12 and the government of Kenya laws. However, they are entitled to compensation for any improvement made to the land as well as to resettlement assistance if they occupied the project area before an established cut off date. 72

74 The estimated compensation sum has excluded the value of land, due to it being designated as road reserve and therefore no individual has legal ownership claim on any part thereof. The overall budget for the resettlement action plan is presented in Table 6.8 Table 6.8: Proposed budget for RAP No Budget Item Proposed Budget Kshs.) 1 Payment for resettlement assistance in the form of: 6,526, Loss of income for four days Transport allowance to allow them transports their salvaged structures. Labour cost for dismantling the affected structures. Compensation of structures in all settlements at replacement cost 2 Resettlement Activities 4,000, Auditing and verification of PAP register and compensation packages Grievance Redress mechanism Issuance of notices Facilitating PAPs to move to the new markets Supervision and monitoring of resettlement activities Community consultations Meetings of resettlement Committees 3 Implementation of post-project community support activities including monitoring and evaluation of resettlement impacts 2,000, Sub-Total 12,526, Add 10% contingencies 1,252, TOTAL 13,

75 7 CONCLUSIONS Evaluation of the proposed development plans for the four settlements in Nakuru county, Naivasha Subcounty in Kihoto,Karagita,Kamere and Kasarani settlements on their potential negative impacts on inhabitants of these settlements and a need for compensation of these impacts leads to the following conclusions: The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit. The projects will affect a number of structures built by inhabitants, which will have to be removed prior to project implementation. However, all these structures are temporary ones, which can easily be removed and built up again in a designated location. Most of these structures are vending kiosks; their owners will be offered space on new markets being constructed by the subcounty government in Karagita and Kasarani while Kengen is supporting Kamere market. This is an adequate compensation, since in this way livelihood of the PAPs will not be affected. All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land. Given this situation, no compensation payment is required for the selected projects, but relocation assistance will be given to the PAPs to minimize livelihood disruption. 74

76 APPENDICES 75

77 o Appendix 1 Project Design Layouts of the Project Areas/Settlements 76

78 77

79 78

80 79

81 80

82 o Appendix 2 Minutes and Attendance Lists of the Community Consultation 81

83 82

84 83

85 84

86 85

87 86

88 87

89 88

90 89

91 90

92 91

93 92

94 93

95 94

96 95

97 96

98 97