ATHI WATER SERVICES BOARD

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1 ATHI WATER SERVICES BOARD CONSULTANCY SERVICES FOR A FEASIBILITY STUDY AND DETAILED DESIGN FOR SEWERAGE SYSTEM IN JUJA AND THIKA SOUTH MUNICIPALITY (PHASE II) DRAFT RESETTLEMENT ACTION PLAN FRAME Consultants Ltd Consulting Civil, Structural & Geotechnical Engineers Pension Towers, Loita Street P.O. Box , Nairobi - Kenya, Tel: / Fax: info@frameconsultants.com Website: Athi Water Services Board Africa Re-Centre 3 rd Floor, Hospital Road P.O Box Nairobi, Kenya Tel: /3 Fax: info@awsboard.go.ke Website: OCTOBER 2015

2 TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS... iv DEFINITIONS... 1 EXECUTIVE SUMMARY... 5 INTRODUCTION INTRODUCTION OVERVIEW DESCRIPTION OF THE PROJECT SCOPE AND OBJECTIVES OF THE OF THE RESETTLEMENT ACTION PLAN OBJECTIVE OF THE RAP GUIDING PRINCIPLES FOR THE RAP SOCIO-ECONOMIC BASELINE CONDITIONS Summary of Survey Methodology LEGAL AND REGULATORY FRAMEWORK THE NATIONAL LAND POLICY LAND ACT, THE VALUERS ACT KENYA ROADS ACT, 2007 (NO. 201 OF 2007) PHYSICAL PLANNING ACT (CAP. 286) ENVIRONMENT AND LAND COURT ACT (2011) WORLD BANK INVOLUNTARY RESETTLEMENT POLICY (OP 4.12) KENYAN LAW Vs. WORLD BANK S OP COMPARISON OF KENYA LAND LAWS AND WORLD BANK PROJECT DISPLACEMENT IMPACTS MINIMIZING DISPLACEMENT AND SOCIAL IMPACTS RESETTLEMENT COMPENSATION STRATEGIES Key Principles CONDITIONS OF ELIGIBILITY FOR COMPENSATION ENTITLEMENT MATRIX VULNERABILITY IN RESETTLEMENT COST AND BUDGET FOR RAP IMPLEMENTATION CASH COMPENSATION MONEY MANAGEMENT AWARENESS BUDGET GRIEVANCE MANAGEMENT AND REDRESS INSTITUTIONAL RESPONSIBILITIES FOR RAP MONITORING AND COMPLETION AUDIT PUBLIC CONSULTATIONS AND DISCLOSURE CONSULTATION OUTCOMES FRAME Consultants Ltd i Final RAP Report

3 APPENDICES LIST OF APPENDICES Appendix 1: List Of Consulation Meetings Appendix 2 :Project Affected People List Ngoingwa Appendix 3 :Visual Illustration Of RAP Requiremnets Appendix 4: Crop Shedule For Thika District Appendix 5 :Socio Economic Baseline Questionnaire Appendix 6 :Thika South System Thika Trunk Sewers Appendix 7 :Interceptor Trunk Sewers Appendix 8 :Juja Sewerage Trunk Sewer Appendix 9: Ruiru Treatment Works Phase 11 For Juja In Ruiru Appendix 10: Thika Treatment Works Site Phase Appendix 11: Project Area Appendix 12: Copies Of Land Transfer To Ruiru Municipal Council Appendix 13:Copies Of Documents Indicating Thika Treatment Site Belongs To Thika Municipal Appendix 14: List of Affected PAPS with Crops LIST OF TABLES Table 1: Summary of the design details for reticulation and trunk sewers. The sewer pipes have been designed for ultimate sewage design flow.. 13 Table 2 : Design Details of Waste Stabilization Ponds Table 3: Demographic Details of administrative areas within the project are as below Table 4: Summary of some of the demographic indicators in the proposed project area Table 5 Comparative Analysis of World Bank OP 4.12 and Government of Kenya requirements including measures to address gaps Table 6: Comparative Analysis of World Bank OP 4.12 and Kenya s requirements Relevant to the Process Table 7: Number of PAPs per Trunk line Table 8: Entitlement Matrix Table 9: RAP Budget Estimate (Kshs) Table 10: Statutory Institutions with Roles in the RAP process Table 11: Implementation Schedule LIST OF FIGURES Figure 1: Distribution based on the Age of the Respondents Figure 2: Distribution Based on the Gender of the Respondent Figure 3: Educational Level of the Household Head Figure 4 : Sources of Income in the Project Area Figure 5 : Monthly Income of Household Figure 6: Access to Drinking Water Figure 7 : Access to Sanitary Facilities Figure 8: Type of Lighting in Households Figure 9: Type of Cooking Energy in Households Figure 10: Awareness of the Juja Thika South Sewerage Project Phase FRAME Consultants Ltd ii Final RAP Report

4 Figure 11 : Percentage of PAPs aware their assets could be affected Figure 12: Shows one of the residential structures that has been erected on the riparian reserve at Kamunguti Trunk Sewer Figure 13: Shows example of the residential structure that has been erected on the riparian reserve at Komu River Trunk Sewer Figure 14: Masonry wall along Thiririka Trunk Sewer build on the riparian reserve Figure 15: Public Baraza / meeting in Kimuchu village, Witeithie location FRAME Consultants Ltd iii Final RAP Report

5 ACRONYMS AND ABBREVIATIONS AWSB Athi Water Services Board CBO Community Based Organization CRCC County Resettlement and Compensation Committee EIA Environmental impact assessment ESIA Environmental and social impact assessment ESMF Environment and Social Management Framework ESMP Environmental and Social Management Plan FGD Focus Group Meetings GDP Gross Domestic Product HIV/AIDS Human Immuno Deficiency Virus JKUAT Jomo Kenyatta University of Agriculture and Technology KISIP Kenya Informal Settlement Improvement Project KMP Kenya Municipal Program KPLC Kenya Power and Lighting Company LA Land Act LRCC Locational Resettlement and Compensation Committee MLHUD Ministry of Lands Housing and Urban Development MOF Ministry of Finance/The National Treasury NaMSIP Nairobi Metropolitan Services Improvement Project NGO s Non-Governmental Organizations NLC National Land Commission NMR Nairobi Metropolitan Region NUTRIP National Urban Transport Improvement Project OP Operational Procedures PAPs Project Affected Persons PIU Project Implementation Unit PRA Participatory Rural Appraisal RAP Resettlement Action Plan RUJWASCO Ruiru Juja Water and Sewerage Company RPF Resettlement Policy Framework SEBR Socio-Economic Baseline Report SIDA Swedish International Development Cooperation Agency SMP Social Management Plan STDs Sexually Transmitted Diseases SUP Socially Uplifting Project THIWASCO Thika Water and Sewerage Company WB World Bank WRMA Water Resources Management Authority FRAME Consultants Ltd iv Final RAP Report

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7 DEFINITIONS Note: Several of the definitions below are sourced from the IFC s Handbook for Preparing a Resettlement Action Plan, Project: In contemporary business and science a project is defined as a collaborative enterprise, involving research or design that is carefully planned to achieve a particular aim. Projects can be further defined as temporary rather than permanent social systems or work systems that are constituted by teams within or across organizations to accomplish particular tasks under time constraints. An ongoing project is usually called (or evolves into) a program. In this case the project is the rehabilitation and construction of storm water drainage system within Nairobi Metropolitan Region and environs. -Project-Affected Area: An area, which is subject to a change in use as a result of the construction or operation of the Project. -Project-Affected Person (PAP): Any person who, as a result of the implementation of the Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. PAPs may include: Physically Displaced People, i.e. people subject to Physical Displacement as defined hereunder, Economically Displaced People, i.e. people subject to Economic Displacement as defined hereunder. -Physical Displacement: Loss of shelter and assets resulting from the acquisition of land associated with the Project that requires the affected person(s) to move to another location. -Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the Project or its associated facilities. Not all economically displaced people need to relocate due to the Project. -Project-Affected Household (PAH): A PAH is a household that includes Project-Affected Persons as defined above. A PAH will usually include a head of household, his/her spouse and their children, but may also include other dependents living in the same dwelling or set of dwellings, like close relatives (e.g., parents, grandchildren). -Compensation: Payment in cash or in-kind at replacement value for an asset or a resource that is acquired or affected by the Project at the time the assets need to be replaced. In this RAP, cash compensation means compensation paid in cash or by cheque. FRAME Consultants Ltd 1 Final RAP Report

8 -Resettlement Assistance: Support provided to people who are physically displaced by the Project. Assistance may include transportation, and social or other services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. -Replacement Value: The rate of compensation for lost assets must be calculated at full replacement value, that is, the market value of the assets plus transaction costs. The replacement value must reflect the cost at the time the item must be replaced. With regard to land and structures, replacement value is defined as follows: Agricultural land: the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes; - Household and public structures: the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor and contractors fees and any registration and transfer taxes. -Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. -Replacement cost for houses and other structure means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures. Such costs will include: (a) transporting building materials to the construction site; (b) any labor and contractors fees; and (c) any registration costs. -Resettlement Policy Framework (RPF) is an instrument to be used throughout the Program implementation. The RPF sets out the resettlement objectives and principles, organizational arrangements and funding mechanisms for any resettlement that may be necessary during implementation. The RPF guides the preparation of Resettlement Action Plans of individual sub projects in order to meet the needs of the people who may be affected by the project. The Resettlement Action Plans ( RAPs ) for the NaMSIP Program will be prepared in conformity with the provisions of this RPF. -Census: means a field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the relevant stakeholders. -Cut-off date: Cut-off date Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, FRAME Consultants Ltd 2 Final RAP Report

9 fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. -Displaced Persons: mean persons who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the program, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location; lose right, title, interest in any houses, 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: means 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 the Displaced Persons has moved to another location or not. -Involuntary Land Acquisition: is the possession of land by government or other government agencies for compensation, for the purposes of a public program 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: refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the program. Land acquisition means the possession of or alienation of land, buildings or other assets thereon for purposes of the program. -Rehabilitation Assistance: means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable the program Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-program levels. -Resettlement and Compensation Plan: also known as a Resettlement Action Plan (RAP) or Resettlement Plan - is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legal binding requirements to resettle and compensate the affected party before implementation of the program activities commences. -Replacement cost: means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Kenya law for sale of land or property. In terms of land, this may be categorized as follows; (a) -Replacement cost for agricultural land: means the pre- program or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes; FRAME Consultants Ltd 3 Final RAP Report

10 In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of the benefits to be derived from the Project deducted from the valuation of an affected asset. -Host population People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement. -Involuntary resettlement Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. -Land expropriation Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses OD 4.30 The World Bank Group Operational Directive on Involuntary Resettlement. OD 4.30 embodies the basic principles and procedures that underlie IFC s approach to involuntary resettlement associated with its investment projects. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. FRAME Consultants Ltd 4 Final RAP Report

11 EXECUTIVE SUMMARY INTRODUCTION The overall rationale of the project is to allow for the protection of ground and surface waters from pollution through increase in sewerage coverage, connectivity and improved efficiency of the sewerage treatment plants. It is acknowledged that failure to develop the Nairobi Sewerage Master Plan has left the project area with rivers flowing with raw sewage This is the Resettlement Action Plan (RAP) for Juja Thika South Sewerage Infrastructure Project to be funded under the Nairobi Metropolitan Services Improvement Project (NaMSIP) which is a program of the World Bank. As such, the RAP has been prepared based on the principles and procedures of the Resettlement Policy Framework (RPF) prepared for NaMSIP sub project investments. NaMSIP is financing investments in infrastructure and service delivery in Kenya s largest and most economically important urban conurbation (accounting for some 17 percent of the country s population and about 50 percent of its GDP). Together, the program aims to comprehensively address core issues that are constraining the development potential, efficiency, equity, and competitiveness of Kenya s urban areas. In addition, the NaMSIP will create synergies with the Bank s National Urban Transport Improvement Project (NUTRIP) by improving access to transport hubs and integrating land use planning into transport and overall urban planning, especially around commuter rail stations. This Resettlement Action Plan (RAP) was developed over a period of one Month that is 1 st to 30 th June The Consultant was responsible for coordination and facilitation of the sensitization meetings with local administration and the public. Specific methodologies to collect primary and secondary qualitative and quantitative data included household surveys; interviews/ meetings with institutional PAPS; Key stakeholder interviews; public sensitization meetings, land and asset valuation and calculation of resettlement implementation costs. Study limitations included follow up on PAPS who do not live on site; access to structures/ PAPs in the affluent areas was hampered by strict security measures. Following initial consultations with Government officials it was clear that there was a high possibility of mass encroachment into the project area by the public in a bid to wrongfully gain from the possible compensation. Consequently, cut off date was set as the last day of the field survey and public participation meetings. This cutoff date was to be communicated to the potential PAPs at the sensitization meetings that were also conducted at the end of the field survey. The cut off date was set to be 24 th August, Legal and Regulatory Framework The process and procedures of land acquisition for the Juja- Thika South will be principally governed by Kenya Land Laws. The following legal instruments provide the legal framework for compensation and resettlement in Kenya; FRAME Consultants Ltd 5 Final RAP Report

12 The Constitution The Kenyan Land Policy Kenya Land Act No. 6 of 2012 Valuers Act Kenya Roads Act, 2007 Environment and Land Court Act ( 2011) The Physical Planning Act Environmental Management and Coordination Act( EMCA 1999) The World Bank Involuntary Resettlement Policy (O.P 4.12) recommends full replacement costs for all PAPs. This RAP has adopted the full replacement cost that would restore or improve the livelihood of the PAP to pre-project level. Public Consultations and Disclosure Public consultation was important for soliciting the opinion of the project affected peoples about the project impacts and compensation payments. Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within Juja and Thika Town. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-governmental organizations, Community Based Organizations, youth organizations, Ruiru - Juja Water and Sewerage Company (RUJWASCO),Thika Water and Sewerage Company ( THIWASCO) and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people. Proposed Project Area The proposed project straddles between Juja and Thika towns. Juja town is located in Thika West District in Kiambu County, 10 km South-East of Thika Town and 12km North-West of Ruiru, latitudes and Longitude about 30km North of Nairobi. It is the administrative centre for Jomo Kenyatta University of Agriculture and Technology (JKUAT). The project area can be accessed through the A2 (Nairobi Thika) dual highway or the Nairobi Nanyuki railway line. The northern boundary of Juja is the Komu River, whilst the southern boundary is the Theta- Thiririka Rivers. The eastern boundary is the Nairobi-Athi Rivers. The Thika Municipality is situated in Thika West District, Kiambu County, approximately 45 km North-East of Nairobi. It stretches approximately 24km in an east-west direction and tapers from a width of about 2.5km on western side to 5.0km on the Eastern edge. The total area of the municipality is 93km2. The main Nairobi/Nyeri road, which runs in a north-south direction, dissects the Municipality just to the west of the commercial and administrative centre of the town. The northern and southern boundaries of Thika Municipality are well demarcated by rivers which flow in an easterly direction. The Karimenu-Chania-Thika Rivers form the northern boundary while the Komu Rivers forms the Southern boundary. FRAME Consultants Ltd 6 Final RAP Report

13 Project Justification Nairobi Sewerage Master Plan projects population growth to an approximate 1.4 million people in the entire Nairobi Metropolitan Region (NMR), which encompasses Juja and Thika towns in Kiambu County. Infrastructure development does not match the population growth rate that is currently estimated at 7.8% per annum in the urban regions of NMR. The master plan proposed development of Juja and Thika South Sewerage System (Phase II) for the growing population of Juja town and Thika Municipalities estimated to grow to more than 226,230 persons (2009 Population and Housing census). The aim of the Nairobi Metropolitan Development Strategy stipulates the goal of improving the quality of life in the NMR, which is currently characterized by intense pressure on land, water, roads, sewerage, and other basic infrastructure need in any developing urban centres. Developing the Juja - Thika South Sewerage Project is a milestone towards achieving the goals of the vision Project Description The project will involve the construction and maintenance (during the defects liability period) of approximately 76 Km of sewer network, 20 ha of proposed treatment works at Ruiru and 15 ha of proposed treatment works at Thika. The detailed hydraulic analysis indicated that the proposed sewer reticulation network would require pipe of 300 mm diameter. The trunk sewers will however be of 300mm 750mm diameter and the inlet sewer into the proposed sewage treatment works site would be 750 mm diameter for Juja and 675mm Diameter for Thika South. The design has recommended spigot and socket for rigid jointed concrete pipes manufactured to BS 5911 part for trunk lines. The pipes would be laid on 150mm thick Class 20 concrete bedding. All the bedding types would be similar or equivalent to types A, B, C, or D. For Reticulation, UPVC pipes of DN 300mm diameter is proposed. Rehabilitation and Augmentation of the existing Thika STW has been recommended. This will involve conversion of the existing primary ponds into a hybrid Anaerobic/Facultative pond system and re-construction of the inlet works to allow for 10,500m3/day of waste water treatment. The existing system designed for 6000m3/day currently receives 8000m3/day of waste water. Project Beneficiaries The project beneficiaries include some of or entire population of Juja Town and Thika South Municipalities and its environs including Theta, Kiaora, Milimani, Kalimoni, Komo, Weteithie locations while Mugutha, Karimenu, Kamenu, Kianjau & Komu will not be fully served by the proposed sewerage Project. They are outside the Project area for phase II. Scope of the RAP The main objective of the RAP is to minimize the adverse impacts to project affected persons (PAPs) and enhance or at least restore their livelihood to that of the pre-project level. FRAME Consultants Ltd 7 Final RAP Report

14 The Juja Thika South Sewerage Project (Phase II) will lead to physical displacement of some households, loss of shelter, assets, and livelihood. It will also lead to restriction of access to economic resources. World Bank OP Involuntary Resettlement is triggered by this project and therefore requires the preparation of a Resettlement Action Plan. This Resettlement Action Plan will help to define the resettlement and compensation necessary as a result of implementing the infrastructure, in accordance with the World Bank s Involuntary Resettlement Policy and the Laws of Kenya. Hence this RAP has been prepared based on the guiding principles detailed in the Resettlement Policy Framework (RPF) for NaMSIP for involuntary resettlement. Potential Adverse Impacts of Juja Thika South Sewerage Project Project activities that will give rise to resettlement include the construction of the wastewater stabilization pond and sewerage treatment plant and ancillary trunk sewer lines to be located in different areas within Juja and Thika South Towns to drain into the sewerage treatment plant as described above. The construction of the JTSWP and related structures will lead to land acquisition, physical and economic displacement of people, loss of shelter, assets, income sources and livelihood, as well as restriction of access to economic resources. Impacts at Waste Water Stabilization Ponds and Sewerage Treatment Plant Juja Trunk Sewers will drain to Ruiru Treatment Works site where the Phase 1 is currently ongoing. The land is approximately 20 Ha and is owned by the Ruiru Municipal Council, which it offered for the project construction at no cost. The land has however not been acquired by the client; Ministry of Land, Housing and Urban Development through the Directorate of Nairobi Metropolitan Ministry. For Thika Treatment Plant there exists land adjacent to the current treatment plant which is 15Ha and the land has already being acquired by the county government from previous local government. The land here has been encroached by PAPs who are undertaking subsistence farming activities for that matter as a result of the project; these PAPs will be economically displaced. Sewerage Trunk Lines: Juja Sewerage System There are 4 major sewerage trunk lines and several reticulations that will drain into the Waste Water Stabilization Ponds and Sewerage Treatment Plant in Gatongora Location, Ruiru. These lines will be located adjacent to the existing riverine riparian reserve or a natural drain which is a common practice when designing sewer lines to take advantage of the natural gradient and gravitational force, road reserves and utility way-leaves as much as possible where not possible land will be acquired in form of easement to cater for the sewer. The lines are: - FRAME Consultants Ltd 8 Final RAP Report

15 Mugutha River Trunk Sewer Route This sewer follows the Mugutha River and will drain parts of Mugutha and Theta sub-locations in Ruiru. This sewer will empty in to the Theta River Trunk Sewer. There are several structures crops, trees within the natural drain which will be affected by the construction of the line. Theta River Trunk Sewer Route This follows the Theta River and is proposed to drain parts of Theta sub-location in Ruiru and Milimani sub-location in Juja as well as flows conveyed by the Mugutha River Trunk Sewer. This sewer will empty into the Thiririka River Trunk Sewer. There seems to be numerous crops and tress within the riparian reserve which will be affected by construction of the line. Thiririka River Trunk Sewer Route This will follow the Thiririka River, later empty into the Interceptor Trunk Sewer; it will serve Milimani and Kalimoni sub-location. The RAP issues identified within the line are masonry walls, crops and trees within the way leave area. Interceptor Trunk Sewer Route This will follow road serve at Ndaraca shopping center, through private land which will be acquired as an easement for the purposes of this project and KPLC way leave then drain all the wastes at the Proposed Ruiru Treatment Plant phase 11. Sewerage Trunk Lines: Rehabilitation and Expansion of Existing Thika South Sewerage System There are 2 major sewerage trunk lines and several reticulations that will drain into the Waste Water Stabilization Ponds and Sewerage Treatment Plant, in Kiganjo and later drain into Komu River. These lines will be located adjacent to the existing riverine riparian reserve or a natural drain, road reserves and utility way-leaves as much as possible which is a common practice when designing sewer lines to take advantage of the natural gradient and gravitational force. The lines are; - Kamuguti River Trunk Sewer Route This sewerage trunk line will connect from Thika Super Highway it will run along a normal and existing natural drain for approximately 6 Kms and empty into Komu River Trunk Sewer which will in turn drain directly into the sewerage treatment plant that is located in Kiganjo Location. This land is a natural drainage/riparian owned by the government and therefore, no form of land compensation is envisaged. At the same time, there are several structures and crop cultivation along the natural drain/ way leave area. The sewer will serve Witeithie sub- location. Komu River Trunk Sewer Route This sewerage trunk line will connect from Karimenu Village in Ngoingwa Area, cutting across the Thika Supper Highway to Weitethie location on the left it will run along a normal and existing natural drain for approximately 10Kms and connect to Kamunguti River Trunk Sewer later cut FRAME Consultants Ltd 9 Final RAP Report

16 across 1.5km of private land and later drain directly to the proposed expansion of the existing Thika Treatment Works. For the said trunk line compensation for land is envisaged especially where the trunk line will shift from the existing river riparian and cut across some private land leading to the proposed Treatment plant site. There are also several structures, crops and trees along the natural drain / way leave area. The sewer will serve Karimenu (Ngoingwa), Komu, Weteithie, Kianjau and Komo sub-locations of Thika. The Census and the Socio - Economic study The socio-economic study of PAPs was undertaken in June 2015 including consultative meetings with different categories of PAPs. The socio- economic survey was done using a semi-structured household questionnaire. The questionnaire covered the households baseline information on incomes and expenditures, occupational and livelihood pattern, use of resources, arrangements for use of common property, social organization, leadership patterns, community organizations, and cultural parameters. All locations in the proposed project areas were included in the baseline survey. In each of these locations most of the likely affected households were identified and a random subsample of 124 households was chosen for in depth interview. Statistical Package for the Social Sciences (SPSS) was used for data entry and analysis. Data collected from the household survey was combined and validated with information from site surveys, observations by the sociologist and key informant interviews. RAP Implementation Arrangements The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the Juja Thika South Sewerage project up-to the completion and the time that the infrastructure will be fully available to full use. 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 implementation schedule should include the following tasks:- Setting-up of resettlement committees The movement of the economically displaced PAPs (dates of movements) at the Thika Sewage Treatment Works. Monitoring and Evaluation The compliance and completion audit will be performed about one year after completion of RAP implementation. FRAME Consultants Ltd 10 Final RAP Report

17 Cost and Budget Estimates The land acquisition Act sets disturbance allowance at 15% of the total assets lost. For the PAPS it is expected that they would use the money for livelihood restoration. Compensation payment agreements will involve the establishment of a bank account by the client which payment can be done; opening bank accounts by PAPs. Following this, payment can be done through the bank account of the PAP. The total cost for this RAP implementation is estimated to amount to Ksh94, 986, including the compensation fees, cost of professional services, project management and monitoring services. FRAME Consultants Ltd 11 Final RAP Report

18 1.0 INTRODUCTION 1.1 OVERVIEW Nairobi Metropolitan extends over 32,000 square kilometers that depends on Nairobi City for employment and social amenities. This is spurred by rapid population growth around Kiambu, Thika, Murang a Machakos and Kajiado. It will therefore be difficult to separate development of Nairobi City from the metropolitan region in terms of development and planning. Nairobi Metropolitan area growth rate is estimated to be growing at an average 7.8% per annum creating a need for integrated roads, bus and rail infrastructure for metropolitan area, efficient mass transport system for Nairobi Metropolitan Area, replacement of slums with affordable low cost/rental, provision of adequate housing, development and enforcement of planning and zoning regulations, efficient water supply and waste management infrastructure, promotion, development and investment in sufficient public utilities, public services and world class infrastructure for transforming Nairobi into a global competitive city for investment and tourism. Peri urban boundaries of Nairobi is constantly growing at a projected population of 350,000 people in 1989 to 1.4 million people in 2020 and this poses a major challenge to the County government due to unavailability of sewerage system in the area. The present sewerage network covers most of the built up areas of the city. Ruiru, Juja and Thika regions, which are in the Northern Part of the city, are partially sewered with the sewer system available for Kenyatta University, Jomo Kenyatta University of Science and Technology (JKUAT); the other areas are entirely on septic tanks, conservancy tanks and pit latrines. In order to meet the envisaged development for Nairobi and its environs, the master plan indicates that there will be need to provide sewerage services through construction of own local sewerage treatment systems or by employing privately owned on site. The Nairobi Sewerage Master Plan proposes development of Juja Thika South Phase II Sewerage Project and Expansion of Thika Treatment Works in the area to serve part of Ruiru, Juja and Thika Township respectively. The rising population in the NMR is an indicator of regional development through the purchasing power. NMR are characterized by extreme pressure on base resources including water resources, land and services including transportation, solid waste management, water supply, street lighting, sewerage infrastructure, housing and development of social amenities. The project is therefore categorized as Socially Uplifting Project (SUP) to the persons living within the NMR of Ruiru, Juja and Thika Towns which currently depend on septic tanks, pit latrines and an inadequate sewer system. 1.2 DESCRIPTION OF THE PROJECT The proposed project area is at different stages of development and it is therefore prudent to stage the development of the sewerage systems to follow suit. Provision of a sewerage system will require the construction of a reticulation system to serve areas that are either already developed or are in the process of development. FRAME Consultants Ltd 12 Final RAP Report

19 The project will involve the construction and maintenance (during the defects liability period) of approximately 76 Km of sewer network, 20 ha of proposed treatment works at Ruiru and 15 ha of proposed treatment works at Thika. The detailed hydraulic analysis indicated that the proposed sewer reticulation network would require pipe of 300 mm diameter. The trunk sewers will however be of 300mm 750mm diameter and the inlet sewer into the proposed sewage treatment works site would be 750 mm diameter for Juja and 675mm Diameter for Thika South. The design has recommended spigot and socket for rigid jointed concrete pipes manufactured to BS 5911 part for trunk lines. The pipes would be laid on 150mm thick Class 20 concrete bedding. All the bedding types would be similar or equivalent to types A, B, C, or D. For Reticulation, it is proposed use of UPVC pipes of DN 300mm diameter. The following lengths of sewers are provided for Juja & Thika South sewerage systems in Table 1 below. Rehabilitation and Augmentation of the existing Thika STW has been recommended. This will involve conversion of the existing primary ponds into a hybrid Anaerobic/Facultative pond system and re-construction of the inlet works to allow for 10,500m3/day of waste water treatment. The existing system designed for 6000m3/day currently receives 8000m3/day of waste water. Table 1: Summary of the design details for reticulation and trunk sewers. The sewer pipes have been designed for ultimate sewage design flow Sewer Sewer Pipe Diameter (mm) Sewer Pipe Length (m) Sewer Pipe Material No. of Manholes Mugutha River Trunk Sewer 450mm 2300m PCC mm 1700m PCC 31 Theta River Trunk Sewer 525mm 6231m PCC mm 49m PCC 1 Thiririka River Trunk Sewer 525mm 5000m PCC mm 3860m PCC 68 Interceptor Trunk Sewer 750mm 4313m PCC 75 Kamuguti River Trunk Sewer 450mm 2260m PCC 40 FRAME Consultants Ltd 13 Final RAP Report

20 Sewer Sewer Pipe Diameter (mm) Sewer Pipe Length (m) Sewer Pipe Material No. of Manholes 375mm 3740m PCC 64 Komu River Trunk Sewer 675mm 3240m PCC mm 2500m PCC mm 1500mm PCC mm 2500mm PCC mm 960mm PCC 17 Juja Reticulation Sewers 300mm 21,900m upvc 368 Thika South Reticulation Sewers 300mm 14,800m upvc 250 Table 2 below summarizes the design characteristics of each of the ponds in each of the sewage treatment works sites:- Table 2 : Design Details of Waste Stabilization Ponds Parall Pond Dimensions (m) Pond el Ponds (Nr) D T.W.L EM.L Retentio n Time (days) Efflue nt BOD5 (mg/l) JUJA (AT RUIRU) SEWAGE TREATMENT WORKS 10,500m 3 /d Effluent FC (/100ml ) Net Area (Ha) Anaerobic x x Facultative x x st Maturation x x FRAME Consultants Ltd 14 Final RAP Report

21 Pond 2 nd Maturation Parall el Ponds (Nr) Pond Dimensions (m) D T.W.L EM.L x x 80.4 Retentio n Time (days) Efflue nt BOD5 (mg/l) Effluent FC (/100ml ) Net Area (Ha) Total THIKA SEWAGE TREATMENT WORKS EXTENSION WORKS 6,522m 3 /d Anaerobic x x Facultative x x st Maturation x x nd Maturation x x Total D Effective depth of the pond FL.L Ponds Floor Level T.W.L Ponds Top Water Level EM.L Ponds Embankment Level Location and Size Juja Juja town is located in Thika West District in Kiambu County, 10 km South-East of Thika Town and 12km North-West of Ruiru, latitudes and Longitude about 30km North of Nairobi. It is the administrative centre for Jomo Kenyatta University of Agriculture and Technology (JKUAT). The project area can be accessed through the A2 (Nairobi Thika) dual highway or the Nairobi Nanyuki railway line. The northern boundary of Juja is the Komu River, whilst the southern boundary is the Theta- Thiririka Rivers. The eastern boundary is the Nairobi-Athi Rivers. Thika The Thika Municipality is situated in Thika West District, Kiambu County, approximately 45 km North-East of Nairobi. It stretches approximately 24km in an east-west direction and tapers from a width of about 2.5km on western side to 5.0km on the Eastern edge. The total area of the FRAME Consultants Ltd 15 Final RAP Report

22 municipality is 93km 2. The main Nairobi/Nyeri road, which runs in a north-south direction, dissects the Municipality just to the west of the commercial and administrative center of the town. The northern and southern boundaries of Thika Municipality are well demarcated by rivers which flow in an easterly direction. The Karimenu-Chania-Thika Rivers form the northern boundary while the Komu Rivers forms the Southern boundary Administrative Setup Thika Sub County, Kiambu County, is densely populated but with diverse distribution varying from one division to the other. Gatundu and Thika Municipality are the most densely populated with Gatundu having the highest. The lower parts of Kakuzi Division are the least populated. High population density in most parts of the district has put pressure on land leading to fragmentation into smaller uneconomical units. In addition to Thika being a rich agricultural district, it is one of the leading industrial districts of the country. However, there are isolated pockets of poverty in the district and mainly found in urban slums in Thika Municipality, and Juja Town. The project area is proposed to cover:- Parts of Theta & Mugutha in Ruiru District Kiaora, Milimani, Kalimoni, Komo, Weteithie in Juja Division Thika West District Karimenu, Kamenu, Kianjau, Komo in Thika West Division Table 3 below shows proposed project areas various administrative divisions, their population and population densities. Table 3: Demographic Details of administrative areas within the project are as below District Sub- Population Area Households Location Male Female Total (km 2 ) Density Ruiru Theta 11,318 11,816 23,134 6, Mugutha 7,975 7,912 15,887 4, Thika Kiaora 11,008 10,888 21,896 7, ,4100 West Milimani 6,290 5,948 12,238 4, Kalimoni 10,165 9,696 19,861 6, Komo 2,168 1,993 4,161 1, Weteithie 11,190 10,426 21,616 7, Karimenu 4,453 4,961 9,414 2, Kamenu 18,750 18,727 37,477 12, ,126 Kianjau 9,887 8,100 17,987 6, ,299 Komu 18,499 18,173 36,672 12, ,460 Thika Githima 1,626 1,694 3, East Munyu 1,308 1,259 2, Total 114, , ,230 Source: 2009 Kenya Population and Housing Census, FRAME Consultants Ltd 16 Final RAP Report

23 1.2.3 Project Beneficiaries The project beneficiaries include some of or entire population of Juja Town and Thika South Municipalities and its environs including Theta, Kiaora, Milimani, Kalimoni,Komo,Weteithie locations while Mugutha, Karimenu, Kamenu, Kianjau & Komu will not be fully served by the proposed sewerage Project. They are outside the Project area for phase II. They will also benefit from increased access to infrastructure and services, including water and sanitation services, and solid waste collection and disposal. 1.3 SCOPE AND OBJECTIVES OF THE OF THE RESETTLEMENT ACTION PLAN The main objective of the RAP is to minimize the adverse impacts to project affected persons (PAPs) and enhance or at least restore their livelihood to that of the pre-project level. The Juja Thika South Sewerage Project will lead to physical displacement of some households, loss of shelter, assets, and livelihood. It will also lead to restriction of access to economic resources. World Bank OP Involuntary Resettlement is triggered by this project and therefore requires the preparation of a Resettlement Action Plan. This Resettlement Action Plan will help to define the resettlement and compensation necessary as a result of implementing the infrastructure, in accordance with the World Bank s Involuntary Resettlement Policy and the Laws of Kenya Project Social Documentation This Resettlement Action Plan (RAP) has been prepared for submittal within the framework of the NaMSIP Resettlement Policy Framework (RPF) and Environmental and Social Impact Assessment (ESIA), which include the social documentation identified below: This RAP, which describes the measures that will be taken to address displacement impacts during the construction and operational phases of the Project. A Socio-Economic Baseline Report (SEBR), which provides a detailed description of the socio-economic situation prevailing in the Project areas at the time of undertaking the ESIA, and which will be appended to the ESIA, A Social Management Plan (SMP), which provides an assessment of social and economic impacts, a description of proposed mitigation measures and an action plan, which presents the organizational and other arrangements proposed by Sewerage Project to implement the social and economic mitigation measures. This document will be submitted to the World Bank, Athi Water Services Board, and Directorate of Nairobi Metropolitan Development and to Kenya government entities having jurisdiction over the management of social issues related to resettlement. The Environmental and Social Impact Assessment (ESIA) report for this project will also be been submitted to the World Bank and the National Environment Management Authority (NEMA) and consequently approved. FRAME Consultants Ltd 17 Final RAP Report

24 1.3.2 Scope of the Resettlement Action Plan This RAP contains: A summary description of the Project, A summary description of the baseline socio-economic conditions in the Project area, An assessment of the Kenyan legal and international requirements applicable to displacement and resettlement in the Project, An assessment of likely displacement impacts, A description of the proposed strategy to deal with displacement impacts, Implementation details, which presents the organizational and other arrangements proposed by Sewerage Infrastructure project to implement the mitigations related with physical and economic displacement. 1.4 OBJECTIVE OF THE RAP The main objective of the Resettlement Action Plan is to provide a plan for resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standard of living will be improved or restored to at least the pre- project levels and also minimize the adverse impacts to project affected persons (PAPs). Specifically, the RAP is designed to: a) Minimize involuntarily taking of the land and impact on livelihoods through modification in design as much as possible; and b) If there are some impacts, as it is the case for this Sewerage Project, then put mechanisms in place under this RAP to assist the PAPs in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project level. 1.5 GUIDING PRINCIPLES FOR THE RAP The RAP has been prepared in full compliance with the RPF prepared for the NaMSIP and as such the implementer of the RAP, will adhere to the following guiding principles as outlined in the RPF. Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, where it cannot be eliminated. Where involuntary resettlement and land acquisition are unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs, providing resources to give PAPs the opportunity to share project benefits. PAPs will be meaningfully consulted and will participate in planning and implementing of the Juja Thika South Sewerage Project. a. PAPs will be assisted in their efforts to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. FRAME Consultants Ltd 18 Final RAP Report

25 b. Measures to address resettlement will ensure that project affected people are informed about their options and rights pertaining to resettlement, are included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives. They will also be provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project investments. c. Projected affected persons if resettled will be supported to integrate economically and socially into host communities so that adverse impacts on host communities and vice versa are minimized. To this end, appropriate patterns of social organization will be promoted and existing social and cultural institutions of PAPs supported to the greatest extent possible. d. This RAP applies to all PAPs regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Informal or customary tenure is to be treated in the same manner as formal, legal titles. e. All PAPs will be (have to be) identified and recorded as early as possible, preferably at project investment identification stage, in order to protect those affected by the project and prevent an influx of illegal encroachers, squatters, and other non-residents who will wish to take advantage of such benefit. f. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line, the landless, the elderly, women and children, orphans, marginalized groups and the ethnic minorities or other displaced persons who may not be protected through the Kenyan laws. The objective is to provide whatever additional assistance may be necessary to restore pre-project living standards. g. The compensation of the PAPs must be completed prior to the implementation of the Project Steps Undertaken During RAP Preparation a) Analyzing and evaluation of potential project impacts through identification of the PAPs, estimating their number and evaluating the impacts of the project on them through the census and socioeconomic study undertaken for the preparation of the RAP. b) Identifying all categories and number of project affected persons (PAPs) regardless of land ownership status. c) Taking an inventory of the affected assets and livelihood activities. d) Preparing the inventory list of the potential project affected persons. This list include land owners, farmers, businesses, small scale traders,vulnerable groups, locations on the map and photos of the affected structures; e) Conducting a Socio- Economic Survey of the Project Affected Persons (PAPs) using a semistructured household questionnaire. The questionnaire covered the households baseline information on incomes and expenditures, occupational and livelihood pattern, use of resources, arrangements for use of common property, social organization, leadership patterns, community organizations, and cultural parameters; FRAME Consultants Ltd 19 Final RAP Report

26 f) Collecting and reviewing relevant Kenyan laws and regulations for compensations and resettlement and comparing the same with World Bank safeguard policy OP 4.12 on Involuntary resettlement and proposing measures to bridge the gaps; g) Adapting the Grievance Mechanism (GM) in the RPF to ensure affordable and accessible procedures for grievances address mechanisms for third party settlement of disputes arising from resettlement including judicial resources and, community and traditional settlement mechanism; h) Assessing the appropriate organizational framework for implementing resettlement including identification of agencies responsible for delivery of resettlement measures FRAME Consultants Ltd 20 Final RAP Report

27 2.0 SOCIO-ECONOMIC BASELINE CONDITIONS The following sections provide a summary of methodology and results used to characterize socioeconomic baseline conditions in the project area prior to significant project investment. The project activities will not in anyway displace people from their homes; only portions of their farmland will be acquired to provide there required easement for sewer line. The social economic status of the people is likely to be slightly disrupted during the construction period. However proper compensation at full replacement cost has been proposed in this report. 2.1 METHODOLOGY Data used to establish socio economic baseline conditions were derived from field surveys conducted in the project area during the preparation of the ESIA and RAP. The survey team employed the following methodology while undertaking RAP. Public and stakeholder consultations Census survey Socio-economic survey Land and Asset Valuation Key Informant Interviews Applying this suite of methods assures that several distinct perspectives are offered on the socio economic conditions in the proposed project areas and that a mix of both qualitative and quantitative results is produced. All locations in the proposed project areas were included in the baseline survey. In each of these locations most of the likely affected households were identified and a random subsample of 124 households was chosen for in depth interview. Statistical Package for the Social Sciences (SPSS) was used for data entry and analysis. Data collected from the household survey was combined and validated with information from site surveys, observations by the sociologist and key informant interviews Summary of Socio Economic Methodology Literature Review This involved collating and compiling all the relevant documents, reports and secondary information relating to the Juja Thika South Sewerage Project. Relevant documents and published regulations, guidelines and national policies have been reviewed. The objective of the desk review was to identify the literature and issues related to study objectives Socio-Economic Survey Socio-economic survey was conducted to gather socio economic and environmental information of the key project areas. This was conducted for the purpose of identifying: Standard characteristics of project affected persons (baseline information on livelihood, economic and social information) FRAME Consultants Ltd 21 Final RAP Report

28 The magnitude of the expected loss (total or partial) Information on vulnerable groups or persons (for whom special provision may have to be made) Census and Inventory Census and inventory was conducted to get information required to identify the PAPs and the impacts on affected assets in the project areas. The process of census entailed enumeration of all households which will be or might be affected by the project. The process was facilitated by the chiefs, local village elders and consultants team in respective areas. The data collected was collated during the process of inventory. Inventory entailed documenting all the various impacts of Sewerage Improvement Project and costing through valuation Public Consultation Public consultation was important for soliciting the opinions of the project affected peoples about the project impacts and compensation payments. Meaningful consultation has been carried out with relevant stakeholders. Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within the project area. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-governmental organizations, Community Based Organizations, youth organizations, and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people. In each area, the RAP consultants and the valuation experts conducted open forums with the PAPs to inform them about the sewerage project and the need for some of them to either shift or get relocated away from the way leave. Transect walks, where possible were conducted and observations were made on physical and environmental conditions of the proposed project areas. The Consultants were very consistent with this approach to ensure that all stakeholders are adequately briefed about the project and their suggestions and inputs are included in the RAP. This approach will further strengthen the sustainability of the project. During consultation meetings, the PAPs recognized that they have encroached on the public way leaves such as road reserve land, riparian and are wiling to remove their structures and crops to pave way for the project. They recognize the benefits that the Sewerage Project will have on their communities. However they felt that they will be losing parts of their structures and crops that they spent money on and loss of business premises hence loss of livelihood. During the discussions, the PAPs raised questions and provided comments concerning compensation option and types of compensation they expected Assessment Team The Resettlement Action Plan study team included socio-economist, government officer, environmentalists, surveyor and engineers. Applying this suite of methods assures that several FRAME Consultants Ltd 22 Final RAP Report

29 distinct perspectives are offered on the socio economic conditions in the infrastructure project areas and that a mix of both qualitative and quantitative results is produced. All villages in the project site were included in the baseline survey. In each of these villages all households were identified and a random sub-sample was chosen for in-depth interview Demographics Table 4: Summary of some of the demographic indicators in the proposed project area Population 226,230 Number of males 114,637 Number of females 111,593 Dependency Ratio 100:73 Population growth rate 2.8% Source: 2009 Kenya Population and Housing Census, During the socio economic survey a sample of the total population where the project has been deemed to affect some of or all households were sampled randomly a total of 124 households were interviewed. Out of these 50.8% were male headed households while 49.2% female headed households with majority of the respondents being of ages between years old. The main occupation for the residents in the project affected is business oriented activities at 43.5%, followed by farming 16.9%, 11.3% being employed while rest engage in casual activities in the project area. FRAME Consultants Ltd 23 Final RAP Report

30 Frequency Age MLHUD in partnership with AWSB Distribution based on the Age of the Respondents No Response Percent Figure 1: Distribution based on the Age of the Respondents Female Gender of Household Head Male Figure 2: Distribution Based on the Gender of the Respondent FRAME Consultants Ltd 24 Final RAP Report

31 Percent MLHUD in partnership with AWSB Education Education has been defined as the process of facilitating learning, knowledge, skills, values, beliefs, and habits of a group of people are transferred to other people, through storytelling, discussion, teaching, training, or research according to Wikipedia. Hence any experience that has a formative effect on the way one thinks, feels, or acts may be considered educational. Furthermore education has been considered to be one of the greatest pillars /backbone of the society/ community it is in this regard that the over 13.7% of individuals interviewed have attained primary level education, 46.8% secondary level and 19.3 % have gone through college and university. It indicates that majority of the households in the project area can read and write with more males being more educated than their female counterparts. Education Level of Household Heads Others College No Response Primary Secondary University Education Figure 3: Educational Level of the Household Head Livelihoods and Income Sources A person's livelihood refers to their "means of securing the basic necessities -food, water, shelter and clothing- of life". Livelihood is defined as a set of activities, involving securing water, food, fodder, medicine, shelter, clothing and the capacity to acquire above necessities working either individually or as a group by using endowments (both human and material) for meeting the requirements of the self and his/her household on a sustainable basis with dignity. The activities are usually carried out repeatedly. Livelihoods in the proposed project area were characterized FRAME Consultants Ltd 25 Final RAP Report

32 through data obtained in questionnaires, the transect walks, interviewing of the villagers and field visits. The main economic activity for the population is Business oriented activities such as small scale trading in clothes, shoes, retail outlets, food kiosks. Over 43.5% of the households engage in business activities, 16.9% are farming along the river beds / riparian areas and agricultural lands in the project area while the rest of the 11.3% are either employed in the formal or informal sectors. Quarry 0.8 None 4.8 No Response 16.1 Farming 16.9 Employment 11.3 Casual labour 6.5 Business Percent Figure 4 : Sources of Income in the Project Area Employment as mentioned by the PAPs was mostly teaching, civil service, healthcare workers and those working for the PAPs who own businesses within the proposed project area. However many job seekers in the area expressed interest in working for the Juja Thika South Sewerage Project for them to feel part of the project and own the project as their own. The income of the PAPs varied from household to household due to the different economic activity they were involved in. 24.2% of the household reported to earn between Ksh.10, ,000 per month as the most predominant amount while 18.5% earn less than Ksh.10, 000 per month. Males headed households showed to be earning more income then the female headed households in the project area. FRAME Consultants Ltd 26 Final RAP Report

33 No Response 28 Monthly Income( Ksh) Less than 10,000 Above Sh50,000 40,000-50,000 20,000-30, ,000-15, Figure 5 : Monthly Income of Household Access to Public Services Water Household water in the proposed project areas is largely taken from public water points, 41.1 % of the population gets drinking water from public water taps. Further interrogation indicated that public taps supplying water to the residents are sourcing from boreholes and very few households are connected to the public water supplied by RUJWASCO and THIWASCO. The PAPs indicated high numbers of water borne diseases such as typhoid and cholera due to contamination of the water sources. FRAME Consultants Ltd 27 Final RAP Report

34 Borehole 4 Public Tap Water No Response River Source of water Tap water Tapped Water Inside House Figure 6: Access to Drinking Water Sanitation It was also recorded that 65.3 % of the households in the project utilize pit latrines while those with flush toilets have septic tanks. The PAPs in the proposed project area have confirmed they needed a sewerage system due to population growth seen in the project areas Flush Toilet No Response Pit Latrine Pour Flush Toilet Access to Sanitary Facility Figure 7 : Access to Sanitary Facilities FRAME Consultants Ltd 28 Final RAP Report

35 2.2.5 Energy Sources Most of the PAPs in the area are connected to electricity due to the rural electrification programs which forms 79.8% of the energy used for lighting and connection Electricity Kerosene lamps No Response Sources of Lighting 4 Figure 8: Type of Lighting in Households The area for the proposed project being a pre urban area it has contributed to the large-scale use of modern cooking sources such as gas which falls at 46.8% rather than the traditional means of fuel wood and charcoal FRAME Consultants Ltd 29 Final RAP Report

36 Charcoal Firewood Fuel Wood Gas Kerosene No Response Sources of Cooking Energy Figure 9: Type of Cooking Energy in Households Health Care Services During the survey and field visits there were visible health care facilities within the project area, though some of the residents have to travel some distance to access government hospitals and health centers. Most the PAPs interviewed preferred to get medication in the nearby chemist and clinics. The most prevalent illnesses are malaria and typhoid especially among the children than adults Awareness of the Juja Thika South Sewerage Project 34.7 % of the PAPS interviewed are aware of the Juja Thika South Sewerage Project, most of the PAPs confirmed to have heard about the proposed project during the household survey and other cited chief meetings and hearing from neighbors. FRAME Consultants Ltd 30 Final RAP Report

37 Awareness of the project No No Response Yes Figure 10: Awareness of the Juja Thika South Sewerage Project Phase Awareness that assets could be affected Over 35.5 % of the interviewed PAPs own business where the proposed sewer system will transverse hence they might need be directly or indirectly affect by the construction activities of the project. The proposed project will use the allocated government riparian land and way leave hence displacement of PAPS permanently on private land will be minimally envisaged at this level only 6.5 % of the PAPS felt there land will be affected Business Crops House 35.5 Land No Response None Structure Figure 11 : Percentage of PAPs aware their assets could be affected FRAME Consultants Ltd 31 Final RAP Report

38 2.2.9 Compensation One of the major concerns of the households was whether there would be compensation for loss of income by the project. Majority of the PAPs who have structures, crops and businesses within /along the way leave area mentioned cash compensation as the preferred mode of compensation. FRAME Consultants Ltd 32 Final RAP Report

39 3.0 LEGAL AND REGULATORY FRAMEWORK One of the principles of the Resettlement Action Plan (RAP) is that resettlement planning should adhere to national policies and legislation, and international best practices. The chapter highlights major issues related to Kenyan land legislation with regards to involuntary resettlement in this RAP. It provides a brief overview of the Kenya land policy, and the Kenya s constitutional provisions related to land use, planning, acquisition, management and tenure, and more specifically the legislations related with land expropriation or acquisition, land valuation and land replacement. The chapter also compares the Kenyan legislation with the World Bank provisions on resettlement, highlighting gaps and making recommendations to fill up gaps. 3.1 THE NATIONAL LAND POLICY The National Land Policy ( NLP or Policy ) as adopted in August 2009 with the aim of providing an overall framework for new legislation and defining key measures required to address critical issues such as land administration, access to land, land use, and restitution related to historical injustices and an outdated legal framework. The NLP addresses constitutional issues such as compulsory acquisition and development control. Section 45 of the NLP defines compulsory acquisition as the power of the State to extinguish or acquire any title or other interest in land for a public purpose, subject to prompt payment of compensation. Under the current Constitution, the Land Act 2012 empowers the National Land Commission (under the guidance of Minister for Lands) to exercise the power of compulsory acquisition on behalf of the State. Similarly, the NLP empowers the National Land Commission to compulsorily acquire land. According to the NLP, the exercise of compulsory acquisition in the past has been conducted with abuses and irregularities. The NLP therefore calls for a revision of such power and requires the GoK:- To review the law on compulsory acquisition to align it with the new categories of land ownership (public, private and community land); To harmonize the framework for compulsory acquisition to avoid overlapping mandates; To establish compulsory acquisition criteria, processes and procedures that are efficient, transparent and accountable; Land Tenure System in Kenya Land tenure in Kenya is classified as public, community or private. Public land consists of government forests (other than those lawfully held, managed or used by specific communities as community forest, grazing areas or shrines ), government game reserves, water catchment areas, national parks, government animal sanctuaries and specially protected areas. The National Land Commission will manage public land. Community land includes land that is lawfully held, managed or used by specific communities as community forest, grazing areas or shrines, and ancestral lands and lands traditionally occupied by hunter-gatherer communities. Rights are also held through traditional African systems, and rights that derive from the English system introduced and maintained through laws enacted by colonial and then the national parliament. The former is loosely known as customary tenure bound through traditional rules (customary law). The latter FRAME Consultants Ltd 33 Final RAP Report

40 body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.g. Land Act 2012, Land Registration Act, 2012, Trust Land Act (cap 288) of the Laws of Kenya) Customary Land Tenure This refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit number of similar characteristics as follows: First, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources. Individuals or families thus claim property rights by virtue of their affiliation to the group Freehold Tenure This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. The Land Registration Act, 2012, governs freehold land. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. A freehold title generally has no restriction as to the use and occupation but in practice there are conditional freeholds, which restrict the use for say agricultural or ranching purposes only. Land individualization was demanded by the colonial settlers who required legal guarantee for the private ownership of land without which they were reluctant to invest Leasehold Tenure Leasehold is an interest in land for a definite term of years and may be granted by a freeholder usually subject to the payment of a fee or rent and is subject also to certain conditions which must be observed e.g. relating to developments and usage. Leases are also granted by the government for government land, the local authorities for trust land and by individuals or organizations owning freehold land. The maximum term of government leases granted in Kenya is 99 years for agricultural land and urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate Public Tenure This is where land owned by the Government for her own purpose and which includes unutilized or un-alienated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Land Act 2012 (LA). These lands were vested in the president and who has, normally exercised this power through the Commissioner of Lands, to allocate or make grants of any estates, interests or rights in or over un-alienated government land. However the new constitution grants those rights to the National Land Commission (NLC) which is governed by the National Land Commission Act, 2012 that specifies the role of NLC as:- FRAME Consultants Ltd 34 Final RAP Report

41 To identify public land, prepare and keep a database of all public land, which shall be georeferenced and authenticated by the statutory body responsible for survey; Evaluate all parcels of public land based on land capability classification, land resources mapping consideration, overall potential for use, and resource evaluation data for land use planning; and Acquire land for public purposes Solve land disputes and deal with historical land injustices Share data with the public and relevant institutions in order to discharge their respective functions and powers under this Act; or May require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument28. Categories of government land include forest reserves, other government reserves, alienated and un-alienated government land, national parks, townships and other urban centers and open water bodies. The Lands Act does not contain any notion of trusteeship by government of the land to her people Public Resources on Public Land Notwithstanding the fore going, it is a common law doctrine to the effect that common property resources such as rivers, forests and parks are held by the state in trust for the general public. Consequently, the state cannot alienate these resources or use them in a way detrimental to public interest. This is the doctrine that would ensure that public land cannot be alienated or committed to waste to the detriment of public interest. It is the case that the statutory frameworks for land ownership in Kenya is heavily influenced by common law jurisprudence on land ownership-the owner s rights includes the rights of use and abuse. In Kenya however, the development of physical planning legislation has vested in the state the cumulative rights of other landowners. The regulatory power is referred to as police power. 3.2 LAND ACT, 2012 The Land Act ( LA ) is the Kenya s framework legislation regulating compulsory acquisition of land (i.e. land, houses, easements etc.). The LA was adopted on 2 nd May 2012 and provides for sustainable administration and management of land and land based resources including compulsory acquisition Land Acquisition Process Proof that compulsory possession is for public good It is very explicit in the Land Act, 2012, Section 107, that whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110 of the Land Act 2012, the possession of the land must be necessary for public purpose or public interest, such as, in the interests of public defense, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit. The proposed sewerage system have explicitly identified as qualifying for land acquisition as public utility and the necessity therefore is such as to afford FRAME Consultants Ltd 35 Final RAP Report

42 reasonable justification for the causing of any hardship that may result to any person having right over the property, and so certifies in writing, possession of such land may be taken. Respective Government agency or cabinet must seek approval of NLC The respective Cabinet Secretary or Government agency or the County Executive Committee Member must submit a request for acquisition of private land to the NLC to acquire the land on its behalf. The Commission will prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. It is important to note that if the NLC is constituted prior to conclusion of land acquisition, it could prescribe criteria and guidelines necessitating variations or revisions to the current RAP. Similar, the Commission has powers to reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements prescribed. Inspection of Land to be acquired NLC may physically ascertain or satisfy itself whether the intended land is suitable for the public purpose, which the applying authority intends to use as specified. If it certifies that indeed the land is required for public purpose, it shall express the satisfaction in writing and serve necessary notices to land owners and or approve the request made by acquiring authority intending to acquire land. Publication of notice of intention to acquire Upon approval, NLC shall publish a notice of intention to acquire the land in the Kenya Gazette and County Gazette. It will then serve a copy of the notice to every person interested in the land and deposit the same copy to the Registrar31 The courts have strictly interpreted this provision, requiring that the notice include the description of the land, indicate the public purpose for which the land is being acquired and state the name of the acquiring public body. NLC shall ensure that the provisions are included in her notice. The Land Registrar shall then make entry in the master register on the intention to acquire as the office responsible for survey, at both national and county level, geo-references the land intended for acquisition. Serve the notice of inquiry Thirty days after the publication of the Notice of Intention to Acquire, NLC will schedule a hearing for public inquiry. NLC must publish notice of this meeting in the Kenya Gazette and County gazette 15 days before the inquiry meeting and serve the notice on every person interested in the land to be acquired. Such notice must instruct owner of land to deliver to the NLC, no later than the date of the inquiry, a written claim for compensation. Holding of a public hearing NLC then convenes a public hearing not earlier than 30 days after publication of the Notice of Intention to Acquire. On the date of the hearing, NLC must conduct a full inquiry to determine the number of individuals who have legitimate claims on the land, the land value and the amount of FRAME Consultants Ltd 36 Final RAP Report

43 compensation payable to each legitimate claimant. Besides, at the hearing, the Commission shall make full inquiry into and determine who are the persons interested in the land; and receive written claims of compensation from those interested in the land. For the purposes of an inquiry, the Commission shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to the Commission (NLC) of documents of title to the land. The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce evidence and to call and to question witnesses at an inquiry. It will also provide opportunity to land owners to hear the justification of the public authority in laying claims to acquire the land. Valuation of the land Part III of the Land Act 2012, section 113 (2a) states that the Commission shall determine the value of land with conclusive evidence of (i) the size of land to be acquired; (ii) the value, in the opinion of the Commission, of the land; (iii) the amount of compensation payable, whether the owners of land have or have not appeared at the inquiry. This can be interpreted that NLC must determine the value of the land accordingly and pay appropriate just compensation in accordance with the principles and formulae that it will develop. Nonetheless, just compensation could also be interpreted as market rate. The final award on the value of the land shall be determined by NLC and shall not be invalidated by reason of discrepancy, which may be found to exist in the area. Matters to be considered in determining compensation: The market value of the property, which is determined at the date of the publication of the acquisition notice, must be considered. Determination of the value has to take into consideration the conditions of the title and the regulations that classify the land use e.g. agricultural, residential, commercial or industrial. Increased market value is disregarded when: It is accrued by improvements made within two years before the date of the publication of the acquisition notice, unless it is proved that such improvement was made in good faith and not in contemplation of the proceedings for compulsory acquisition. It is accrued by land use contrary to the law or detrimental to the health of the occupiers of the premises or public health. Any damages sustained or likely to be sustained by reason of severing such land from other land owned by the claimant. Any damage sustained or likely to be sustained if the acquisition of the land had negative effects on other property owned by the claimant. Reasonable expenses, if as a consequence of the acquisition, the claimant was compelled to change his residence or place of business (i.e., compensation for disruption to the claimant s life). Any damage from loss of profits over the land occurring between the date of the publication of the acquisition notice and the date the NLC takes possession of the land. FRAME Consultants Ltd 37 Final RAP Report

44 Matters not to be considered in determining compensation: The degree of urgency, which has led to the acquisition. Any disinclination of the person s interest to part with the land. Damages sustained by the claimant, which will not represent a good cause of action. Damages, which are likely to be caused to the land after the publication of the acquisition notice or as a consequence of the future, land use. Increased land value accrued by its future use. Any development at the time of acquisition notice, unless these improvements were necessary for maintaining the land. Award of compensation The Land Act does not stipulate that compensation must be in the form of money only. Under the Land Act 2012 section 117, the State can award a grant of land in lieu of money compensation ( land for land ), provided the value of the land awarded does not exceed the value of the money compensation that would have been allowable. The law could be interpreted that any dispossessed person shall be awarded the market value of the land. The new law is silent on relocation support or disturbance allowance support. Upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serves a written award of compensation to each legitimate claimant. NLC will publish these awards, which will be considered final and conclusive evidence of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims. Payment of Compensation A notice of award and offer of compensation shall be served to each person by the Commission. Section 120 provides that first offer compensation shall be paid promptly to all persons interested in land. Section 119 provides a different condition and states that the NLC as soon as practicable will pay such compensation. Where such amount is not paid on or before the taking of the land, the NLC must pay interest on the awarded amount at the market rate yearly, calculated from the date the State takes possession until the date of the payment. In cases of dispute, the Commission may at any time pay the amount of the compensation into a special compensation account held by the Commission, notifying owner of land accordingly. If the amount of any compensation awarded is not paid, the Commission shall on or before the taking of possession of the land, open a special account into which the Commission shall pay interest on the amount awarded at the rate prevailing bank rates from the time of taking possession until the time of payment. Transfer of Possession and Ownership to the State FRAME Consultants Ltd 38 Final RAP Report

45 Once first offer payment has been awarded, the NLC will serves notice to landowners in the property indicating the date the Government will take possession. Upon taking possession of land, the commission shall ensure payment of just compensation in full. When this has been done, NLC removes the ownership of private land from the register of private ownership and the land is vested in the national or county Government as public land free from any encumbrances. On the other side also, the Commission has also the power to obtain temporary occupation of land. However, the commission shall as soon as is practicable, before taking possession, pay full and just compensation to all persons interested in the land. In cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures of compulsory acquisition under this Act, the Commission may take possession of uncultivated or pasture or arable land upon the expiration of fifteen days from the date of publication of the notice of intention to acquire. On the expiration of that time NLC shall, notwithstanding that no award has been made, take possession of that land. If the documents evidencing title to the land acquired have not been previously delivered, the Commission shall, in writing, require the person having possession of the documents of title to deliver them to the Registrar, and thereupon that person shall forthwith deliver the documents to the Registrar. On receipt of the documents of title, the Registrar shall cancel the title documents if the whole of the land comprised in the documents has been acquired; if only part of the land comprised in the documents has been acquired, the Registrar shall register the resultant parcels and cause to be issued, to the parties, title documents in respect of the resultant parcels. If the documents are not forthcoming, the Registrar will cause an entry to be made in the register recording the acquisition of the land under this Act. Opportunity for Appeal The Kenya Constitution establishes Environment and Land Court47. Article 162 of the constitution provides for the creation of specialized courts to handle all matters on land and the environment. Such a court will have the status and powers of a High Court in every respect. Article 159 on the principles of judicial authority, indicates that courts will endeavor to encourage application of alternative dispute resolution mechanisms, including traditional ones, so long as they are consistent with the constitution. Section 20, of the Environment and Land Court Act, 2011 empowers the Environment and Land Court, on its own motion, or on application of the parties to a dispute, to direct the application of alternative dispute resolution (ADR), including traditional dispute resolution mechanisms. Any person whose land has been compulsorily acquired may petition the Environment and Land Court for redress with respect to: The determination of such person's right over the land; The amount offered in compensation; and FRAME Consultants Ltd 39 Final RAP Report

46 The amount offered in compensation for damages for temporary dispossession in the case of the Government s withdrawal of its acquisition of the land. Parties will pay fees as determined by Environment and Land Court or the court may choose to waive them completely or in part on grounds of financial hardship Children and Orphans Provision of Land Possession The Land Act 2012, Part III, section 2750 recognizes the capacity of a child as being capable of holding title to land. However this can only happen through a trustee and such a child shall be in the same position as an adult with regard to child s liability and obligation to the land. 3.3 THE VALUERS ACT Valuation of land is a critical aspect of compulsory acquisition practice and compensation. The National Land Commission based on land valuation determined by registered valuers will make compensation awards. Besides, the Valuers Act establishes the Valuers Registration Board, which regulates the activities and practice of registered valuers. All valuers must be registered with the Board to practice in Kenya. The Board shall keep and maintain the names of registered valuers, which shall include the date of entry in the register; the address of the person registered the qualification of the person and any other relevant particular that the Board may find necessary. As of March 2011, there were 285 registered valuers in Kenya. The Valuers Act does not provide for a description of the valuation procedures and methods. RAP team has made use of the services of registered valuers who are approved by Valuers Registration Board. Under the Valuers Act, professional misconduct of registered valuer will include:- False or incorrect entry in the register; False or misleading statement caused by omission or suppression of a material fact; and The acceptance of any professional valuation work which involves the giving or receiving of discounts or commissions. In case of professional misconduct, the registered valuer is guilty of an offense punishable with a fine (not exceeding Ksh.10, 000) and/or imprisonment for three years. Fees for land valuation in case of compulsory acquisition are established based on the value of the property as the first Kshs 400,000 at 1 per cent. Residue at 0.5 per cent 55 and are paid by those who requested the valuation. 3.4 KENYA ROADS ACT, 2007 (NO. 201 OF 2007) Section 49 of the Kenya Roads Act, 2007 (No. 201 of 2007) prohibits erection of structures on a road reserve without permission from the Roads Authority. Where a person, without the required permission, erects constructs or establishes a structure or other thing, or makes a structural alteration or addition to a structure, the Authority may by notice in writing direct that person to remove the unauthorized structure. If the person to whom a notice has been issued fails to remove the structure, alteration or addition mentioned in the notice, within the period stated, such item may be removed by the Authority itself and the Authority can recover the cost of the removal from that person. FRAME Consultants Ltd 40 Final RAP Report

47 3.5 PHYSICAL PLANNING ACT (CAP. 286) The Act provides for preparation of land use plans with a view to improving the affected land, securing suitable provision for transport, public purposes, utilities and services, commercial, industrial, residential uses among others.this is defined in the Section 16 of the Act. The process for plan preparation are included in the main Act whereby all plans have to be presented to the public and published in the local newspaper prior to approval by the Cabinet Secretary. Stakeholders have to be involved in the planning process and their views have to be incorporated in the land use plan. Once the land use category has been incorporated in a land use plan and it has gone through the approval stage, the dedicated land use vests in the authority responsible for the activity or service for benefit of the public as a whole. A restriction is implied of any re-allocation of the user to any other purpose thereafter. Section 29 of the Act allows County Governments to prohibit or control use and development of land and buildings and give to approve all developments within their areas of jurisdiction. Where no such permission has been granted, the local authority is allowed to demolish any such structures. The Act, however, does not provide any procedures to be followed where demolition is to be carried out and can make rise ugly confrontations between compliance enforcers and owners and occupiers of illegal developments. 3.6 ENVIRONMENT AND LAND COURT ACT (2011) The Act gives effect to Article 162(2) (b) of the Constitution by establishing the Environment and Land Court that has original and appellate jurisdiction. According to Section 4 (2) and (3), it is a court with the status of the High Court. It exercises jurisdiction throughout Kenya and pursuant to section 26, is expected to ensure reasonable and equitable access to its services in every county. The principal objective of this Act is to enable the Court to facilitate a just, expeditious, proportionate and accessible resolution of disputes governed by the Act. The Court exercises its jurisdiction under Section 162 (2) (b) of the Constitution and has power to hear and determine disputes relating to (a) Environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) Compulsory acquisition of land; (c) Land administration and management; (d) Public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and (e) Any other dispute relating to environment and land. Nothing in the Act precludes the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to land and to a clean and healthy environment under Sections 42, 69 and 70 of the Constitution. FRAME Consultants Ltd 41 Final RAP Report

48 3.6.1 Environmental and Management Coordination Act No. 8 Of 1999 Article 42 of the Constitution guarantees every person the right to a clean and healthy environment. Consequently the protection of the environment is a constitutional duty. The main objective of the Act, though enacted before promulgation of the new Kenyan Constitution, is to provide an appropriate legal and institutional framework for management of the environment. The Act makes it a criminal offence to interfere with fragile ecosystems and the penalties provided are criminal in nature. 3.7 WORLD BANK INVOLUNTARY RESETTLEMENT POLICY (OP 4.12) Impacts Covered in the Policy The policy provides a basis for preparation of Resettlement Policy Framework and Resettlement Action Plan. The World Bank s policy on resettlement covers direct economic and social impacts that both result from infrastructure projects and caused by: (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 The World Bank s Policy Objectives Involuntary resettlement can cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The World Bank policy on involuntary resettlement s fundamental principle is to prevent impoverishment of the persons affected by a project and on how to rebuild affected people s livelihoods. The salient features of the detailed World Bank s policy on involuntary resettlement are as follows: a) Compulsory purchase shall not be the preferred tool for the acquisition of land, it should be avoided where feasible, or minimized, and should be resulted to where other options, e.g. project design, voluntary means, and / or land exchange are not available; b) The Policy acknowledges that there are circumstances where, due to scale of project or complexity of ownership structure, compulsory purchase is the only feasible option. In such instances involuntary land purchases can be implemented but with utmost respect for the rights of affected persons. c) Displaced persons should be assisted in efforts to improve their livelihoods and standards of living or at least restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. FRAME Consultants Ltd 42 Final RAP Report

49 d) Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programmes. e) Compensation for land and structures lost is to be based on their replacement cost. f) Given that issues of land title are a challenge for millions of people at all income levels across the developing world, the Bank holds that lack of title is not a fair reason to disqualify a person for compensation and resettlement assistance. g) Resettlement action plans must identify and assist the poor and vulnerable people, especially the elderly, the disabled and women-headed households to resettle and improve their standards of living. 3.8 KENYAN LAW Vs. WORLD BANK S OP 4.12 When the Kenyan Parliament passed the Sessional Paper No 4 in 2009, there was unanimity of opinion across the social and political spectrum in Kenya that the Land Acquisition Act (cap 295) suffered from various shortcomings. The National Land Policy (2009) expressed this public concern on land acquisition issues, stating: a) The established procedures are either not observed, or not adhered to leading to irregular acquisitions, b) Persons affected are not compensated at full replacement cost, c) System was considered to provide inadequate compensation that relied on under-declared sale prices, d) Customary 15 per cent of the acquired assets market value addition was considered too low to compensate PAP for disturbance and costs of relocation where necessary, e) The compensation was based on the market value of the acquired assets as at the time of publication of the Notice to acquire the land, not as at the date of payment, thereby subjecting the compensation to inflation and lowering of its purchasing power; and f) That there was lack of transparency with regard to disclosures of the itemized details of the compensation It is apparent that the drafters of the National Land Policy (2009) were aware of the existence of World Bank s Op 4.12 on Involuntary Resettlement. Further, the Constitution (2010) made fundamental changes to land acquisition and involuntary resettlement, land ownership, administration and registration of land. In addition the Constitution (2010) emphasized on gender parity, respect for human rights and right to information and PAPs participation in their resettlement programmes. The Constitution also created the Environmental and Land Act, a disputes resolution agency while it encouraged traditional disputes resolution mechanism. The Parliament s enactment of the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012, assisted to bridge the gap that existed between the Kenyan Law and the World Bank s OP The provisions of the Act are guided by the Bill of Rights under the Constitution of Kenya. (2010). The Act requires that the PAPs be involved in a project s planning through awareness, sensitization, training and education on causes, impact, consequences and prevention measures. The Act, further, stipulates the procedures to follow listed under section 22 and include:- FRAME Consultants Ltd 43 Final RAP Report

50 i. Justification as to why the displacement is unavoidable and that there is no other feasible alternative; ii. Seeking free and informed consent from the affected persons; iii. Holding public hearing on project planning; iv. Giving reasonable notice to allow the affected persons review and react to the displacement conditions; and that v. Displacement process should reflect respect to human rights. Relocation of the affected persons should, according to section 22 of the Act, be guided by the following factors:- i. Full information on the affected persons and ensuring their participation; ii. Identification of safe, adequate and habitable alternatives; iii. Availability of safety, nutrition, health, and hygiene as well as protection at the new location; and iv. Acceptability by the host communities in the new location where re-location is implemented. Those changes to the Kenyan law have largely harmonized the involuntary resettlement issues in Kenya to match the World Bank s Op 4.12 on Involuntary Resettlement: Kenya Government has appreciated the World Bank principles that have proved to work in addressing involuntary resettlement related issues. This can be ascertained by that an ESIA and a RAP have become mandatory standard documents to be availed to NLC before initiating the process of acquiring land for infrastructural developments. Many government agencies and project implementers are adopting a negotiation approach which involves public and stakeholder consultation and participation as opposed to the traditional compulsory acquisition approach where the acquiring authority dictated the terms and, consequently, riddled with resentment that might arise conflicts and grievances and lack of project support from the project affected people and other stakeholders. 3.9 COMPARISON OF KENYA LAND LAWS AND WORLD BANK Table 5 Comparative Analysis of World Bank OP 4.12 and Government of Kenya requirements including measures to address gaps OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap GENERAL REQUIREMENTS FRAME Consultants Ltd 44 Final RAP Report

51 OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap World Bank OP4.12 has overall policy objectives, requiring that: 1. Involuntary resettlement should be avoided wherever possible, or minimized, exploring all alternatives. 2. Resettlement programs should be sustainable, include meaningful consultation with affected parties, and provide benefits to the affected parties. 3. Displaced persons should be assisted in improving livelihoods etc., or at least restoring them to previous levels. 1. According to Kenyan Legislation, involuntary resettlement may occur as a result of projects implemented in public interest. 2. The Land Act, 2012 Act outlines procedures for sensitizing the affected population to the project and for consultation on implications and grievance procedures. 3. The Land Act 2012 guarantees the right to fair and just compensation 1. The Land Act does not stipulate that resettlement should be avoided wherever possible; on the contrary, as long as a project is for public interest, involuntary resettlement is considered to be inevitable. 2. Same as the World Bank 3. Just and fair compensation as outlined in the Land Act 2012 is not clear and can only be determined by NLC, which can be subjective. It is does not talk about improving livelihood or restoring them to preproject status. 1. For the Proposed Project RAP, ensure that resettlement issues are considered at the design stage of the project in order to avoid/ minimize resettlement. Implement World Bank OP 4.12 policy - displaced should be assisted in improving their livelihood to pre-project status. PROCESS REQUIREMENT Consultation: Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs The Land Act outlines procedures for consultation with affected population by the NLC and grievance management procedures. Same as World Bank Implement consultation procedures as outlined in both Kenyan legislation and World Bank. Grievance: For physical resettlement, appropriate and accessible grievance mechanism will be established. Land Act 2012 clearly outline the steps and process for grievance redress that includes alternative dispute resolution, re-negotiation with NLC and is backed by the judicial system through Environmental and Land Court Kenyan legislation meets OP4.12 requirements. N/A FRAME Consultants Ltd 45 Final RAP Report

52 OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap Eligibility Criteria Defined as: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan. The Land Act 2012 provides that written and unwritten official or customary land rights are recognized as valid land right. The Law provides that people eligible for compensation are those holding land tenure rights Land Act also recognizes those who have interest or some claim in the land such pastoralist or who use the land for their livelihood. The constitution recognizes occupants of land even if they do not have titles and payment made in good faith to those occupants of land. However, this does not include those who illegally acquired land Kenya s Land Law defines eligibility as both formal (legal) and informal (customary) owners of expropriated land. However, it does not specifically recognize all users of the land to be compensated. The constitution of Kenya on the other hand recognizes occupants of land who do not have title and who the state has an obligation to pay in good faith when compulsory acquisition is made. Ensure ALL users (including illegal squatters, laborers, rights of access) of affected lands are included in the census survey or are paid (c) those who have no recognizable legal right or claim to the land they are occupying To determine eligibility: Carry out resettlement census. Cut off date for eligibility is the day when the census begins. Land Act 2012 provides for census through NLC inspection and valuation process Same as World Bank Implement cut-off procedures as outlined in the RPF and Kenyan Law Measures: Preference should be given to land based resettlement strategies for displaced persons whose livelihoods are land-based. Cash based compensation should only be made where (a) land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for lost assets exist and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Legislation provides for land for land compensation but the Land Act 2012 does not state whether preference should granted to land to land compensation. Land Act 2012 appears to prefer mode of compensation by the Government to the affected population. Land for Land provided for in the Land Act based on agreement by the PAP. Cash based compensation seems to be the preferred mode of awarding compensation to the affected population by Government of Kenya Just compensation as stipulated in the Land Act not yet specifically defined. Ensure that all alternative options are considered before providing cash compensation Use World Bank OP4.12 procedures in determining form of compensation Implement prompt and effective compensation at full replacement cost for the losses of the assets. World Bank OP4.12 Article 6(a) requires that displaced persons are provided with prompt and effective compensation at full Land Act talks of prompt, just compensation before the acquisition of land. However, interpretation of just FRAME Consultants Ltd 46 Final RAP Report

53 OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap replacement cost for losses of assets attributable directly to the project. If physical relocation is an impact, displaced persons must be provided with assistance during relocation and residential housing, housing sites and/or agricultural sites to at least equivalent standards as the previous site. Replacement cost does not take depreciation into account. In terms of valuing assets, if the residual of the asset being taken is not economically viable, compensation and assistance must be provided as if the entire asset had been taken. compensation is yet to be clearly outlined through a specific schedule defining just compensation have not been put in place. Attorney s fees, cost of obtaining advice or cost incurred in preparing and making written claim not in the Land Act other than just compensation OP 4.12 provides related land transaction fees. Land Act not clear on this. Implement World Bank policy. Compensation and other assistance required for relocation should be determined prior to displacement, and preparation and provision of resettlement sites with The Act is does not out rightly stipulate assistance for relocation but we can interpret that relocation cost will be included in just compensation. OP4.12 requires that displacement must not occur before all necessary measures for resettlement are in place, i.e., measures over and above simple compensation Ensure that ALL resettlement options are agreed on with PAPs and put in place BEFORE displacement Valuation: With regard to land and structures, replacement cost is defined as follows: Valuation is covered by the Land Act 2012 and stipulates, as already mentioned, that the affected person receive just compensation from NLC, as determined by National Land Commission. Valuers Act stipulates that a residual amount of 0.5% of the total valuation of an asset is expected to pay the valuer. Though one could argue that there is some form of consistency between the Kenyan Law and World Bank OP.4.12, interpretation of just compensation has not been defined. Apply the World Bank OP4.12 valuation measures, as outlined in Section 6, in order to fully value all affected assets in a consistent manner. For agricultural land, it is the preproject or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. Interpretation of just compensation not clear Apply World Bank OP4.12 on valuation and compensation measures. For houses and other structures, it is the market cost of the materials FRAME Consultants Ltd 47 Final RAP Report

54 OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors fees, plus the cost of any Land Act 2012 talks of just compensation for the lost assets but it is not specific of Interpretation of just compensation not clear. Apply World Bank OP4.12 on valuation and compensation procedures. Monitor Adequate monitoring and evaluation of activities to be undertaken. According to Land Act can be undertaken County Land Boards. Both Kenyan Law and World Bank policy advocates for Monitoring and Evaluation Implement as prescribed in the World Bank OP4.12 and Kenyan Law. Table 6: Comparative Analysis of World Bank OP 4.12 and Kenya s requirements Relevant to the Process Category of PAPs and Type of Lost Assets Kenyan Law World Bank OP4.12 Recommendation to Address Gap Land Owners Fair and just compensation which could be in form of cash compensation or Land for Land Recommends land-for-land compensation. Other compensation is at replacement cost Implement World Bank OP 4.12 policy which ensures all the displaced should be assisted in improving their livelihood to pre project level Land Tenants Constitution says that occupants of land entitled to some level of pay in good faith. Land Act stipulates that they are entitled to some compensation based on the amount of rights they hold upon land under relevant laws. However, those who acquired land illegally not entitled to any. PAPs are entitled to some form of compensation whatever the legal/illegal recognition of their occupancy. Ensure ALL users( including illegal squatters, laborers, rights of access) of affected lands are included in the census survey or are paid Implement World Bank Policy Land Users Land Act not clear on Land Users although in some cases they can receive some form of compensation depending on the determination by NLC Entitled to compensation for crops and investments made on the land; livelihood must be restored to at least pre-project levels. Apply World Bank OP 4.12 on valuation and Compensation measures Owners of Temporary Buildings The constitution of Kenyan respects the right to private property and in case of compulsory acquisition, just compensation must be granted Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. Apply World Bank OP 4.12 on valuation and Compensation measures FRAME Consultants Ltd 48 Final RAP Report

55 to the owner for the loss temporary buildings. Owners of Permanent buildings The constitution of Kenyan respects the right to private property and in case of compulsory acquisition, just compensation must be granted to the owner for the permanent building Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. Apply World Bank OP 4.12 on valuation and Compensation measures Perennial Crops Compensation for the loss of crops Entitlement to compensation at the prevailing market rates or full replacement cost of the affected crops and trees Implement World Bank OP 4.12 policy which ensures all the displaced should be assisted in improving their livelihood to pre project level Apply World Bank OP 4.12 on valuation and Compensation measures FRAME Consultants Ltd 49 Final RAP Report

56 4.0 PROJECT DISPLACEMENT IMPACTS 4.1 MINIMIZING DISPLACEMENT AND SOCIAL IMPACTS Efforts have been made to align the sewer lines, trunk lines, reticulation lines and Treatment works along the existing river bed within the 30m government owned riparian reserve land, road reserve, power way leave and public utility reserve land so as to avoid or minimize relocation and therefore resettlement and disturbances arising from land acquisition in line with the World Bank OP Similarly, the land identified for the construction of the sewerage treatment plants for both Thika and Juja is government owned land a deliberate effort and action to avoid privately owned and settled land. Additional measures taken or steps to be taken to reduce impact include: 1. Roads for earth moving equipment will be constructed along the earmarked main canal and/or existing tracks to limit social disturbances and destruction of the environment. 2. All those that shall be affected by the project will be fully compensated before project commencement. Table 7: Estimated Number of PAPs per Trunk line / Project Area No Trunk Line Number of PAPs 1. Mugutha River Trunk Sewer Theta Trunk Sewer Thiririka Trunk Sewer Interceptor Trunk Sewer Komu Trunk Sewer Kamunguti Trunk Sewer Thika Treatment Plant 77 TOTAL Impact on Land: The Project-Affected Area The proposed project will have minimal impact (insignificant) on land due to the fact that there will be limited acquisition of land from PAPs at all for all components of the project. Land identified for the project is either owned by the government and in cases where tenure is private; the land sizes are insignificant in size and will furthermore entail easement and not full acquisition. Infrastructure for Sewerage Treatment Plant Juja Sewerage Project Component As already highlighted in other sections of this report, the land where the proposed sewerage treatment works will be located in Ruiru for the Juja Sewerage Project Component is owned by the Ruiru Municipal Council who have transferred the land to the Ruiru-Juja Water Services Company (RUJWASCO) for the project at no cost. The documents that indicate land transfer between these institutions and approved by the Ministry of Lands. A total of 82 Acres of land has been set aside for the wastewater treatment ponds and sewerage treatment plant for Ruiru Thika South Sewerage Project it will utilize approximately 20Ha of the total land. FRAME Consultants Ltd 50 Final RAP Report

57 The land is however in the process of being purchased by the client who is the Ministry of Land, Housing and Urban Development through the Directorate of Nairobi Metropolitan Development. Infrastructure for Sewerage Treatment Plant Thika South Sewerage Project Component For Thika Treatment Plant there exists land adjacent to the current treatment plant which is 15Ha and the land has already being acquired by the county government from previous local government. The land here has been encroached by approximately 77 PAPs who are undertaking subsistence farming activities for that matter as a result of the project; these PAPs will be economically displaced hence the RAP proposes the farmers to be assisted for livelihood restoration. Impact on Land on Sewerage Trunk Lines- Mugutha River Trunk Sewer Route The sewerage trunk line that is expected to target the waste from Mugutha Location and its environs is approximately 4 Kms and the proposed site for laying the trunk lines is along Mugutha River on the 30 meter riparian reserve owned by the government. The trunk line has been proposed to pass through the government riparian reserve land and road reserve as the RAP team found out that approximately 50 PAPs have been allocated land right up to and into the riparian reserve of Mugutha River and these PAPs own legal title deed. The RAP has proposed that the project should create awareness and demarcate the riparian areas through the office of Ministry of Environment, Water and Natural Resources under the Water Resources Management Authority WRMA on the use of riparian reserves. However where the sewer line will be laid beyond the government riparian land or reserve the RAP proposes easement rights to be sought between the project and the legal owner of the land / plot in accordance with the Land Act 2012 to avoid delay in the implementation of the project. Impact on Land on Sewerage Trunk Lines - Theta River Trunk Sewer Route The Sewerage trunk will connect from Mugutha Trunks Sewer lines at the confluence of Mugutha and Theta Rivers at Thika Superhighway. Theta Trunk Sewer is approximately 6.28 Kms and will later drain into the Interceptor Trunk Sewer at the confluence of Thiririka and Theta Rivers respectively. The project intends to use the land demarcated as riparian reserve land 30meters mark, which is in effect owned by the government, though the RAP team gathered the parcels of land to be owned by individuals and some PAPs have encroached the way leave where they are conducting farming activities, who are approximately 100 households. The trunk line will serve the people of Murera Location and its environs Impact on Land on Sewerage Trunk Lines Thiririka River Trunk Sewer Route The trunk line is approximately 8.86 Kms will start from oasis village in Juja towards Thika Highway and later drains into the interceptor in Murera Location, Ndagaca village. The trunk line will utilize the government riparian reserve land; though the trunk line way leave area has been encroached by farmers who are undertaking farming activities as such the farmers need to be compensated for crops and trees. FRAME Consultants Ltd 51 Final RAP Report

58 The above trunk line will serve the people of Juja Township, JKUAT, Kalimoni and its environs. Impact on Land on Sewerage Trunk Lines Kamunguti River Trunk Sewer Route This sewerage trunk line will connect from Thika Super Highway it will run along a normal and existing natural drain for approximately 6 Kms and empty into Komu River Trunk Sewer which will in turn drain directly into the sewerage treatment plant that is located in Kiganjo Location. This land is a natural drainage/riparian owned by the government and therefore, no form of land compensation is envisaged. At the same time, there are several structures and crop cultivation along the natural drain/ way leave area. The sewer will serve Witeithie sub- location. Impact on Land on Sewerage Trunk Lines - Komu River Trunk Sewer Route This sewerage trunk line will connect from Karimenu Village in Ngoingwa Area, cutting across the Thika Supper Highway to Weitethie location on the left it will run along a normal and existing natural drain for approximately 10Kms and connect to Kamunguti River Trunk Sewer later cut across approximately 1.5Km land which has been approximated to be 15 plots and later drain directly to the proposed New Thika Treatment Works. For the said trunk line compensation for land is envisaged especially where the trunk line will shift from the existing river riparian and cut across some private land leading to the proposed Treatment plant site. There are also several structures, crops and trees along the natural drain / way leave area. The sewer will serve Karimenu (Ngoingwa), Komu, Weteithie, Kianjau and Komo sub-locations of Thika. Impact on Land on Sewerage Trunk Lines - Interceptor Trunk Sewer This sewerage trunk line will connect from the confluence of Thiririka and Theta Rivers in Ndaraca village, Murera Location through a natural drain and road reserve for approximately 4.3 Kms and later drain into the treatment plant in Gatongora Location on the Ruiru River through Kenya Power way leave. The trunk line will pass through private land to connect to the KPLC way leave approximately 10 plots / land parcels will be affected hence there will be need to acquire easement from the land owners. Also there are farmers who have encroached the KPLC way leave undertaking farming activities for subsistence use hence their source of livelihood might be affected Impact on Residential and Commercial Structures A total of 9 residential structures will be affected by the construction of the trunk line. This has been attributed to the influx as the population since the time of design. Demand for housing in the area is increasing rapidly and this has triggered unplanned construction on certain project area even within the riparian reserve. The types of housing / residential structures that will be affected are mostly made of stone walling, iron sheets as roofing materials respectively. As seen on Figure Figure 12 and Figure 13 below. FRAME Consultants Ltd 52 Final RAP Report

59 Figure 12: Shows one of the residential structures that has been erected on the riparian reserve at Kamunguti Trunk Sewer Figure 13: Shows example of the residential structure that has been erected on the riparian reserve at Komu River Trunk Sewer Most of the affected structures have some modern features such as inside bathroom or toilet, or running water and more generally the vast majority of houses are made of locally available materials such as stones, cement and roofing made of iron sheets. FRAME Consultants Ltd 53 Final RAP Report

60 Ancillary structures include masonry fences, live fences, and barbered wire fences etc. which have very low probability of being affected. Non residential structures which are likely to be affected are 30 masonry fences. Figure 14: Masonry wall along Thiririka Trunk Sewer build on the riparian reserve Impact on Households and Livelihood Project affected households are groups of PAPs in one household and where one or more of its members are directly affected by the proposed sewerage project. This includes members such as the head of households, male, and female members, dependent relatives and members, tenants etc. The total number of households affected within the trunk sewers will be approximately 587. Majorly households affected are farmers who practice agriculture along the Mugutha, Komu, Kamunguti, Thiririka and Theta River, Thika Treatment Plant Area there also approximately 77 PAPs who have encroached Thika Treatment Works Land and are undertaking farming activities. The proposed project will ultimately affect livelihood of the PAPs as mentioned hence the RAP proposes the project to give farmers adequate notice for them to be able to harvest crops and compensate them for one season especially those who farm using irrigation Impact on Crops and Trees Various crops planted along the 18 metres stretch needed for laying the pipe and working area will be affected along the trunk lines in the riparian reserve. The crops vary from fruits, vegetables, cereals and variety of tree species. FRAME Consultants Ltd 54 Final RAP Report

61 4.1.5 Impact on Public and Community Infrastructure Roads The proposed sewerage project will not adversely impact on the road network instead improved access will be realized in the project sites that have limited or poor infrastructure since the construction process will entail construction of access roads to facilitate entry in the sewerage treatment plants and trunk lines. Other Networks There are piped water sources, electricity and telephone network in the project affected areas. Water Supply Water supply in the sewerage treatment plants area and along the sewerage trunk lines are from both modern and traditional sources. There are several modern drilled wells and boreholes observed in the project affected areas. Piped water supply is more evident within the project areas as the area is more of peri urban setting. Public and Community Buildings Graveyards and Cemetery There is no public graveyard within the project treatment plant site that could be adversely affected; there are visible graves in the project affected area especially along the trunk line though they will not be affected. Churches There are several churches in the Project-Affected Areas though they will not be adversely affected by the sewerage construction work. School There are several schools (primary, secondary and colleges) around the proposed project areas but are not going to be directly affected by the project in anyway Impact on Businesses There exists small businesses and enterprises within the proposed project areas though they will not be adversely affected by the project. The businesses along the interceptor trunk sewer where the trunk line levels might be deep, around 60 businesses premises might be indirectly affected such as food kiosks, shops, clinics etc Impact on Cultural Sites There are no cultural sites like shrines etc. in the proposed project area. FRAME Consultants Ltd 55 Final RAP Report

62 5.0 RESETTLEMENT COMPENSATION STRATEGIES Key Principles The key principles committed upon by NaMSIP in this RAP are the following: Resettlement and compensation of Project-Affected People will be carried out in compliance with Kenya s legislation and World Bank s Policies and Procedures on involuntary resettlement. All the PAPs who will be physically displaced and own residential property in the government riparian reserve land and have encroached on the land and will not receive any compensation for land ownership. The vast majority of Project-Affected People derive their livelihood from small scale businesses and agriculture even though some have legal title on the land. They will be offered a livelihood restoration allowance for the damage of the affected assets. Both Physically-Displaced People and Economically-Displaced People will be compensated for their losses of livelihood, NaMSIP will assist PAPs in restoring their affected livelihoods, and will provide transitional assistance as necessary as long as livelihoods are not restored to their previous level, The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process, PAPs and host communities will be informed and consulted during the whole course of RAP development, implementation and evaluation. 5.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION Cut-Off Date The practical Cut- off Date for implementation of the RAP will be deemed to be the date at which the census of affected people and affected assets was completed i.e. 24 th August Even though no structure or field established in the Project-Affected Area after the cut off date should be eligible for compensation it is worth noting there are social economic conditions that keep changing with time Eligibility Assets, including structures and fields, that were surveyed in the Project-Affected Area by the Cut- Off Date are eligible for compensation. People residing in the Project-Affected Area by the Cut- Off Date are eligible for compensation even if they have no legal tenure (encroachers) Database A database of affected households will be established for purposes of compensation management. All relevant census and socio-economic information related to both affected assets and affected households will be entered into this database. FRAME Consultants Ltd 56 Final RAP Report

63 5.1.4 Public consultations and disclosure In an effort to disseminate information to affected populations and stakeholders disclosure should be done by submitting a copy of the RAP Report in a form, manner, and language that is understandable to the PAPs. The Deputy County Commissioner officer is central in the disclosure process and his/her office will provide support during the disclosure process. The reports will also be uploaded in Directorate of Nairobi Metropolitan Development, AWSB and WB websites for review and comments from the general public Salvaging PAPs will be allowed to salvage any materials in the structures they own at the current village. These materials are iron sheets, poles and other components. ENTITLEMENT MATRIX The Entitlement Matrix describes compensation and related assistance for each category of affected PAP. It is presented in Table 8 hereunder. Table 8: Entitlement Matrix TYPE OF LOSSES Loss of agricultural land beyond riparian Loss of Residential land Loss of Structures on public land (Road reserve, river riparian) CATEGORIES OF PAPS All types of affected persons All types of affected persons All types of affected persons ENTITLEMENT Replacement of lost land by agricultural land of similar potential under similar tenure arrangements with formal registration in replacement land with the relevant land authorities - Cash compensation for land or noncash compensation of land (land for land) Cash compensation of all immoveable developments on the affected land, such as structures, wells Replacement of lost residential land by resettlement residential land of similar size with formal recognition of ownership of the resettlement plot by the relevant administrative authorities Cash compensation for land or non- cash compensation of land (land for land) Cash compensation of all immoveable developments on the affected land, such as structures, wells, No cash compensation or land replacement for loss of land. This is because public right of way is public property and the PAPs are considered as encroachers. But affected persons will be compensated for the lost structure and livelihood. Movement allowance to cover the cost of moving structures (transport plus loading/unloading) shall be compensated. Cost of labour for dismantling and reconstruction will also be provided. FRAME Consultants Ltd 57 Final RAP Report

64 Loss of Crops and structures within the riparian area All types of affected persons Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure Cash compensation of all immoveable developments on the affected land, such as structures Cash compensation of standing crops 5.3 VULNERABILITY IN RESETTLEMENT Involuntary resettlement, if not managed well, may lead to project affected households being impoverished. International experience with involuntary resettlement indicates certain categories of person are known to be especially vulnerable to setback as: The destitute/homeless. Tenants/sharecroppers/farm laborers with no lands/fields or buildings of their own. Households with handicapped, chronically ill or socially stigmatized persons. Single mothers. Elderly persons, widows and widowers not living with adult children. Child headed households The Proposed Infrastructure Project will be compelled to assist the vulnerable people in so far as they are affected by the displacement and resettlement process as stipulated by the World Bank procedures for resettlement. Such assistance may include the following activities: Identification of vulnerable people and identification of the cause and impacts of their vulnerability, either through direct interviews by a Project Social worker or through the community ; this step is critical because often vulnerable people do not attend community meetings hence their vulnerability may remain unknown Identification of required assistance at the various stages of the process: negotiation, compensation, moving Implementation of the measures necessary to assist the vulnerable person and Monitoring and continuation of assistance after resettlement and compensation, if required or identification of those entities, whether Governmental or not, that could sustain the Project s assistance beyond its period of activity. Assistance may take the following forms, depending upon vulnerable persons requests and needs: Assistance in the compensation payment procedure (e.g., specifically explain the process and procedures, make sure that documents are well understood); Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery; Assistance in moving: providing vehicle, driver and assistance at the moving stage, assist the person in identifying his/her resettlement plot; FRAME Consultants Ltd 58 Final RAP Report

65 Assistance during the post-resettlement period, particularly if the solidarity networks that the vulnerable person was relying on have been affected: food support, health monitoring, etc.; and Health care if required at critical periods specifically for the physically challenged, particularly the moving and transition periods. FRAME Consultants Ltd 59 Final RAP Report

66 6.0 COST AND BUDGET FOR RAP IMPLEMENTATION 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, cultivating on riparian reserve and other public land in violation of Kenyan laws. These groups of people; who are often referred to as encroachers, are not entitled to compensation for loss of land under both the World Bank Involuntary Resettlement Policy 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. 6.1 CASH COMPENSATION General The term cash is used in this RAP to denote payments in currency. Experience in sub-saharan Africa indicates a high risk potential with large, lump-sum cash payments to parties who have little experience with money management. While Juja Thika South Sewerage Project shall provide compensation in cash consistent with the local law requirements, the project will also include a number of additional benefits that are not represented in the cash compensation package. These additional, non-monetary benefits are intended to mitigate resettlement risks recognized under the involuntary resettlement procedures for the bank, but not Kenyan law. Though not legally required, the incremental costs of these benefits will be borne by the project so as to assure compliance with the project s stated commitment to follow the guidelines and recommendations of the World Bank, while complying with the local law requirement to provide cash compensation valued at real replacement value Structures Cash Compensation of structures both permanent and temporary will be categorized as residential and non-residential. Permanent structures which are residential structures identified during the Socio Economic Baseline Survey in June 2015 will not be permanently displaced hence the RAP has proposed the trunk line to be rerouted as it will be costly for the implementation of the project and avoid unnecessary court cases. Non Residential Structures include masonry fences and other type of fences of various kinds. Non-residential structures that would not fall in one of the above categories will be valued and compensated on a case by- case basis. FRAME Consultants Ltd 60 Final RAP Report

67 The replacement value of structures has been investigated during the Socio Economic Baseline Survey.Construction unit costs have been calculated depending with the materials used for a masonry wall according to the prevailing market rates of the materials, To construct a standard masonry wall the below costs are incurred. A lorry of stones at Ksh. 10, Cement at Ksh. 4, Half Lorry of Sand Ksh. 5, Labour costs Ksh. 6, Transport Costs Ksh. 5, The cost of reconstructing 1 masonry fence will be at Ksh. 30, hence for the 30 masonry fences to be reconstructed incase they be permanently affected will be Ksh. 900, Crops and Trees Compensation for crops will be done on the basis of the requirements of Kenyan laws. Under this law, landowners and lease holders are entitled to be compensated at market value. Various crops planted along the way leave stretch needed for improvement of the existing Thika Treatment Works and riparian reserve of the trunks and working area have very high probability of being affected.the crops vary from fruits, vegetables, cereals and several species of trees. Non-Perennial Crops In situations where the farmer cannot be given sufficient notice to harvest his/her crop, compensation will be paid based on the market value of the non-perennial crop. - Average yields and prices for typical crops grown in the project areas: The individual crop yields used in this calculation represent good harvests as reported to the socioeconomic team in meetings in the villages, Perennial Crops The calculation of the value of perennial crops for compensation is also based on the market rates and includes the type of crops, the age and size or area under which the crops are grown. These factors have been used as the basis for the calculation of perennial crop loss. Compensation rates are factored for the following stages of tree development: - Seedling, - Young, not productive, - Young productive, - Mature. The calculation of the full replacement value considers not only of the product of the crop over one year, but also the cost of re-establishing the crop (seedlings, soil preparation, fertilizers, others), as well as the lost income during the period needed to re-establish the crop. Compensation rates will FRAME Consultants Ltd 61 Final RAP Report

68 be calculated in compliance with the full replacement value principle, based on the prevailing government rates for Thika District as shown on APPENDIX 4 Specificities of Tenants and Sharecroppers Tenants will be paid the whole compensation value for the crop they have grown. Basis of Crop and Tree Valuation Compensation rates for crops will be updated on a yearly basis based on a fresh market survey at lean season (January) and after harvest (May). The market survey will include price monitoring in the project area, confirmed by interviews with potential farmers. Crop prices and rates used in valuation were taken from results of the research done at various local markets within the proposed project area and approved governments crop rates. Most of the predominant crops observed are maize, beans, Napier grass, trees, arrow roots and vegetables such as kales, spinach, Managu and terere. Calculation for the crops and trees will be based on the 6m length of the working area and width for laying the pipe 3m and length of the trunk sewer in meters multiplied by the current Average Agricultural government rates for Thika District at the time of Socio Economic Survey where the most predominant crops and trees which were observed were used for basis of computation Land The market value of the land where the project is estimated to be envisaging especially the interceptor trunk sewer a 1\8 of an acre goes for Ksh 800,000 to Ksh 500, 000 depending with the location. For the purposes of this project we shall adopt the Ksh 800,000 rate due to the high demand for land in the area and unforeseen inflation rate. Methodology The right to lay a pipe in another person s land is frequently called an easement. Although, the right to lay a pipe in another person s land is sometimes referred to as an easement, such a right can rarely be an easement in the true legal sense of the word. It is usually a particular form of license called a wayleave. Wayleaves Wayleaves are normally created when two parties agree in writing that the grantor will permit the grantee to use part of his/her land for a wayleave. This agreement may be in the form of an exchange of letters or a more formal document like a deed that will attract a stamp duty. Another form of agreement would arise where, in the terms of a conveyance, a restrictive covenant creates a wayleave for the benefit of the seller over the purchasers land. Many wayleaves are negotiated between owners of land and statutory authorities holding compulsory purchase powers. The authority may never exercise those powers, but their presence does lead to an express agreement between the parties. Where statutory powers have to be exercised, the method constitutes acquisition of a legal estate. The owner of the land will be entitled FRAME Consultants Ltd 62 Final RAP Report

69 to a notice to treat following the compulsory purchase procedure under the Land Act The owner of the land subject to the wayleave will be compensated as if a legal estate was being acquired. Betts and Kent (1988) state that payments made by acquiring authorities and undertakings should be broken into two distinct headings:- (i) Consideration for acquiring the way leave (i.e. capital value of that part of that land subject to the wayleave): and, (ii) Compensation for the damage caused in the laying the pipe (i.e. compensation for the disturbance, severance and injurious affection where they apply). Basis of Valuation The value of an interest in land can be affected, due to a wayleave, in a number of ways as follows: (i) The depreciation in the value of the land due to the wayleave. The existence of the wayleave pre-supposes a right over the grantor s land. Such a right will restrict the grantor s right to use the land himself. Included under this is the hope value, which is attached to the value of an interest in land. The possibility of future development, whether immediate or far postponed, will attract to a land a value higher than the existing use value. A notice to treat will require that the value be calculated as at the date of the notice to treat. Hence one must consider only the depreciation in the present value of any potential change of use, caused by the appearance of a wayleave. (ii) Damage due to constructional operation or the laying of a pipe must entail disturbance of the surface of the soil together with the crops growing thereon. (iii) Injurious affection and disturbance to adjoining land. This refers not only to the land over or below the wayleave but also to adjoining lands. The presence of the wayleave may have a detrimental effect on the value of adjoining land. The amount of award for compensation will in practice depend on the following matters: Length of the wayleave: the compensation for the damage by the laying of the pipe should be related to the length of the pipe and its position in the field rather than the total area of the field. Width of wayleave: There are number of widths to be considered which affect the wayleave. These are:- Width of the land sterilized due to the presence of the pipe Width of the land affected by pipe laying Width of the wayleave if defined Width of working strip used in laying the pipe. Width of the land sterilized will include the strip on which the pipe is to be laid, and a strip of land 3 metres on either side where certain operations such as building works are forbidden. The width of land sterilized may therefore be: width of the pipe plus 3 metres of either side. Width of the land affected by pipe laying arises because the digging of a deep trench and the laying of a pipe will cause damage that will take so long to heal that it can be referred to as permanent damage. It is in this part that the tilth has been destroyed and the subsoil has become mingled with FRAME Consultants Ltd 63 Final RAP Report

70 the topsoil. The width of the land affected during the construction exceeds the width of the land sterilized. The width of the working strip used in laying the pipe will be the area of land used by the pipe laying gang. Depth of pipe: This is important because pipes are laid at least 750 mm below ground level in order to minimize the risk of obstructing cultivations. Shallower depths restrict the amount of cultivations possible and hence increase the amount of compensation payable. Basis for Valuation of Land As the sewerage infrastructure is a linear one, the RAP has proposed that the land be acquired through easement rights for laying the pipe: calculation will be based on the prevailing market rate of land in the area, the length which will be affected and the width of the trunk line. As stated above most of the plots / parcels measure 50m by 100m, width of the trunk line is 3m and working area of 6m width, 15% disturbance Allowance change the meters squared into Ha. Width of the Working Area 6m Width of the Trunk Line 3m Prevailing Current Market Rate of Land Ksh 800,000 Estimated Length of the Plot to be affected 100m 6*3*100/10,000* Ksh.800, 000 Plus 15/100 disturbance Allowance of the Cost = Ksh 165,600 Estimated cost of Acquiring Easement Rights on one Plot. 6.2 MONEY MANAGEMENT AWARENESS For most PAPs, the cash compensation they will receive from the project will represent an amount of cash far beyond any that they ever handled before. Experience of similar situations in Africa indicates that rural compensates are particularly vulnerable to crooks and thieves (and quite ironically to termites), and also to misuse and mismanagement of this sudden influx of cash. Cash may be used on short term spending (particularly alcohol and commercial sex where male household heads are concerned), which will eventually leave the household in its entirety in hardship worse than they experienced before compensation. Although such problems cannot be avoided entirely, creating better awareness on money management can to a certain extent mitigate them. Any PAP receiving cash compensation will receive a course on money management delivered by the client or engineer s representative with experience in similar matters, with the following objectives:- How to secure cash, How to avoid misuse and mismanagement, Household savings and expenditures plan, Benefit of having the money in a bank account. Delivery of Entitlements Once a given affected household has selected compensation and livelihood restoration options, the household head and the Project will sign a comprehensive compensation FRAME Consultants Ltd 64 Final RAP Report

71 agreement. This compensation agreement will clearly spell out commitments of both parties, i.e. the following: For the Juja- Thika South Sewerage Project: commitment to deliver and/or pay compensation and livelihood restoration packages at certain contractual times and according to certain contractual modalities. For the affected household: commitment to vacate agreed land at a date agreed upon by both parties, with financial incentives attached to the compliance with commitment. Further to the allencompassing compensation agreements, receipts and certificates of delivery will be signed by both parties upon delivery of any of the components of the overall entitlement. 6.3 BUDGET Table 9 below presents the estimated budget that Juja Thika South Sewerage Project Phase 11 commits to make available for the implementation of this RAP. Table 9: RAP Budget Estimate (Kshs) Item Description Unit Unit Cost (Kshs) Qty Total Cost (Kshs) CASH COMPENSATION Structures Structures No 30, , Land Easement Ha 165, ,140, Crops Annual crops Ha 37,728, SUB TOTAL COST 42,768, LIVELIHOOD RESTORATION / DISTURBANCE 15% of the total compensation 6,415, SUB TOTAL COST 49,183, IMPLEMENTATION COST Consultants Unit Unit Cost Day Quantity (Ksh) Total Cost (Ksh) Engineer , ,000, Assistant Engineer , ,000, Socio-Economist , ,000, Community Mobilization Officer , ,500, Surveyor , ,000, Assistant Surveyor , ,500, Environmental Expert , ,000, Assistant Environmental Expert , ,500, Valuer , , FRAME Consultants Ltd 65 Final RAP Report

72 Assistant Valuer , , Lawyer , , SUB TOTAL COST 41,280, TOTAL COST 90,463, CONTINGENCIES (5%) 4,523, GRAND TOTAL 94,986, GRIEVANCE MANAGEMENT AND REDRESS During RAP preparation process, it is inevitable that complaints will arise among the affected people over contentious issues and dissatisfactions. Therefore timely and affordable redress is important in order to ensure satisfactory resettlement and completion of project as scheduled. Procedures that allow people to lodge complaints or claims have been considered and they include usage of customary law, and the locally established processes for timely and satisfactory settlement of claims or complaints. Special arrangements have been made for women and other vulnerable groups to ensure that they have equal access to redress procedures. This include deployment/ representation of women or other vulnerable groups in RAP committees to facilitate the redress process or ensure that groups that are representing interests of women and other vulnerable groups take part in the process Possible Sources of Grievances During the public consultations, the communities were informed of the implications of the project and the impact it will have in their communities, the anticipated benefits from the project implementation. They were informed that the project was dependent on their acceptance and their being able to effectively participate at every stage of the project development. However, some of these issues that can cause delays and calls for dispute resolution mechanism include: Inheritance issues a/ conflicts among families Clerical errors in data entry that leads to delays in processing of compensation for the PAP Emerging issues such change in estate administration of affected properties causing delays to payment of compensation Disputed ownership of an affected asset particularly where documentation is not reliable Rejection of a compensation award considered not adequate and representative of market value Change in mind of compensation mode by a PAP demanding for example land-for-land where only cash payment is preferred Handling of cultural issues where there are no clearly agreed precedents such as relocation of graves or payment for compensation in a polygamous marriage FRAME Consultants Ltd 66 Final RAP Report

73 7.1.2 Formations of the grievance redress committee In view of this, if there is any unwarranted change in the implementation process of the project, it will trigger complaints from the PAPs. This will require to be addressed lest the project fails its acceptance criteria by the general public. To deal with such emerging issues, a Grievance Redress Committee will be constituted with a membership inclusive of Representative of the PAPs ( at least 30% women representation) Community liaison officer in the Project office Local leaders ( village elders) Local Administration Grievance Redress Committee shall address the issues in the following manner:- (i) Register the grievances raised by the PAPs; and (ii) Address the grievances forwarded by the PAPs representatives. Grievance Redress Committee shall try as much as possible to arrive at a compromise on complaints raised. This may be obtained through a series of mediation and negotiation/arbitration exercises conducted with the individual PAP. These kinds of disputes are best resolved at the local level to avoid time delays that may arise if people move to court. It would also help to manage the risk of loss of social capital due to bad relationships among family members and neighbors. Grievances between PAPs and RAP implementers may arise if PAPs feel they are not adequately involved in the implementation process. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgments on both sides. Some PAPs may also feel that the proposed compensation is not equal to their initial investment or just based on their current situation. Such grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing a solution. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. Some grievances may also occur that are outside of the direct control of the Grievance Redress Committee (GRC) and would require intervention at county or national government level. These include disputes that require policy interpretation or investigations prior to a conclusive resolution. In such cases, the GRC may require legal interpretation on certain aspects Proposed Grievance Redress Procedures The following grievance mechanism is proposed for the implementation of this RAP: a) Level One: Local Committee A Local Grievance Committee constituted of the following members will be formed at the local level: FRAME Consultants Ltd 67 Final RAP Report

74 Chairman: Area Chief Secretary: Village Elder Members: three PAP representatives consisting of a man, a woman and a youth (18 to 30 years). This committee will sit at the Chiefs office. The following procedure is proposed: A PAP registers a grievance and within one working day, the committee members are alerted of the case; The affected person is immediately informed of the next date of the scheduled hearing. Depending on the case load, a maximum of 7 working days should be given between the date that a case is recorded and the date when the hearing is held; The committee meets once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held; The committee will communicate its judgment to the affected persons within 3 working days; If no resolution is met or the PAP is not satisfied with the judgment, the case is moved to the next level by the committee. This will be done within 5 working days of the hearing. b) Level Two: Project Committee A Project Level Committee constituted of the following members will be formed at the local level: Chairman: Chief Executive Lands Housing and Urban Development; Secretary: Deputy County Commissioner (DCC); Representative from Project Consultant, and other Project Supervising agency and client Representative from THIWASCO or RUJWASCO Members: three PAP representatives consisting of a man, a woman and a youth This committee will sit once a month at the County Government Office. The following procedure is proposed: A grievance is logged at the County Government Office and within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing; A hearing will then be held within thirty days of the grievance being raised; In the event that investigations and technical witnesses are required, a maximum of thirty (30) calendar days will be taken prior to a hearing being held; The committees decision will be communicated in writing within 5 working days of the date of the hearing; If the committee does not resolve an issue, the affected persons are free to go to the Land and Environment Court. FRAME Consultants Ltd 68 Final RAP Report

75 Grievance / Dispute Management Procedure as described above LOCAL COMMITTEE LEVEL Grievance Logged at Chiefs / local Area Office Complainant immediately receives notice of the date of the hearing 1 day Notice to Local Committee Members 6 days Hold Hearing RESOLUTION NO RESOLUTION PROJECT COMMITTEE LEVEL 5 days Notice of hearing Grievance Logged at County Government Office 25 days 5 days Hold Hearing RESOLUTION NO RESOLUTION Land and Environment Court FRAME Consultants Ltd 69 Final RAP Report

76 7.1.4 The Functions of Grievance Redress Committee The function of the Grievance Redress Committee is to be a forum for the PAPs through which they can air their dissatisfaction arising from the compensation or implementation process of the project. The Committee will receive complaints from the PAPs through the project office either verbally or in writing and thereafter endeavor to address the issues to the satisfaction of the complainant. If the matter cannot be addressed to the satisfaction of the complainant within the prescribed period, the complainant then may have recourse to the GRC. Failure to be satisfied, the complainant have the right to seek redress from the court. i. Role of PAP s Representatives in Grievance Redress Committee Collect views of the PAPS and present them to the Implementing agency or Grievance Redress Committee Help in confirmation of the asset inventory Debrief the PAPs on deliberations of the implementing agencies Coordinate the payment of the compensation on related assets inventorized ii. The GRC headed by an elected chairperson will carry out the following responsibilities as regards redressing grievances:- Hear the grievances of the PAPs and provide an early solution to those they are able to; Immediately bring any serious matters to the attention of the committee; and Inform the aggrieved parties about the progress of their grievances and the decisions made by the GRC Role of Local Civil Administration and Other Mediation Channels As it will be agreed upon by all parties such as traditional and customary channels that deal with issues concerning property ownership or inheritance. The legal system in this case the land and environment court recourse can be used but will be the last resort considering the arbitration time involved Grievance Redress Procedures The grievance redress procedures will be put in place; this will help in monitoring and ensuring that grievances are properly handled. The grievance framework to be used includes the following: Established redress institutional arrangements specifically for RAP Procedure for recording and processing grievances clearly spelt out Mechanisms for adjudicating grievances and appealing judgments A schedule with deadlines for steps in the grievance redress process so that matters are sorted out quickly as they arise PAPs Participation & Agreement on Grievance Process All household adults will have an opportunity to review the grievance processes for efficacy in addressing potential issues of contention. They will have an opportunity to amend this before the actual disclosure of packages offered possibly in public barazas. FRAME Consultants Ltd 70 Final RAP Report

77 7.1 INSTITUTIONAL RESPONSIBILITIES FOR RAP During the RAP preparation process, a number of key institutions were identified as critical to both preparation, and implementation of the RAP. This is summarized in Table 10 below. Consultations and involvement has been sought during the process. Table 10: Statutory Institutions with Roles in the RAP process INSTITUTION ROLE CAPACITY County Government of Kiambu Kenya Urban Roads Authority Ruiru- Juja and Thika Water and Sewerage Company Has the responsibility of planning and enforce policies to discourage encroachments on the sewer line In charge of the management of urban roads. It will be responsible for approving construction of sewer line in points it is impacting on roads. These companies are water service providers mandated to provide efficient and effective water and sewerage services within Ruiru, Juja and Thika. They will run the project upon completion Financial capacity is lacking. Capacity exists Capacity exists KPLC Responsible for relocating electricity transmission lines from the proposed sewer line Capacity exists. Will provide cost. National Environment Management Authority (NEMA) Approving and issuing EIA licenses for projects which have addressed environmental and social impacts Capacity exists. Costs of license provided in different document Ministry of Land Housing and Urban Development (DONMED) Provision of counterpart funding part of which is used to settle compensation claims by PAPs ` Capacity exists and funds will be made available. Water Resources Management Authority Demarcation of the Government riparian reserve Capacity exists AWSB/DONMED Facilitation and implementation of the RAP Capacity exists Local Administration (chiefs/assistant chiefs etc) Facilitation and mobilization of Public Meetings, dispute resolution at the local level, Assisting in the identification and verification of PAPs Capacity exists FRAME Consultants Ltd 71 Final RAP Report

78 8.0 MONITORING AND COMPLETION AUDIT 8.1 GENERAL OBJECTIVES OF MONITORING Monitoring is a key component of the Resettlement Action Plan and is an integral part of Juja Thika South Sewerage Infrastructure / PIU responsibility and obligations. It has the following general objectives: Monitoring of resettlement and compensation progress, of specific situations of economic or social difficulties arising from the implementation of the compensation and resettlement process, and of the compliance of the actual implementation with objectives and methods as defined by World Bank Principles, Kenyan regulations and this RAP; Audit of the completion of the resettlement program, through and assessment of the short- mid- and long-term impacts of the compensation and resettlement program on affected households, their incomes and standards of living, the environment, local capacities, housing, etc. Monitoring allows to correct implementation methods in real time during Project implementation, and also to check whether general objectives have been met and whether the resettlement and compensation program can be deemed complete. Monitoring and auditing include an internal tier and an external tier. 8.2 INTERNAL MONITORING Objectives Monitoring will address the following aspects: Social and economic monitoring: follow-up of the status of PAPs, cost of housing in the displacement area, potential land speculation, environmental and health situation, livelihood restoration including agriculture, small businesses, employment and other activities; Monitoring of vulnerable people; Technical monitoring: supervision of infrastructure and housing construction where relevant, commissioning and testing of the technical components of the resettlement housing; and Grievances and grievance management system. Indicators and Frequency of monitoring during the active phase of resettlement and compensation, the following key progress indicators will be measured internally by PIU on a quarterly basis: Numbers of households and individuals affected by Project activities; Numbers of households and individuals displaced as a result of Project activities; Numbers of structures taken possession of by PAPs; Grievances (open, closed); and Amounts of compensation paid per category (structures, land, crops, others). FRAME Consultants Ltd 72 Final RAP Report

79 A brief quarterly internal monitoring report will be prepared on this basis. It will be publicly disclosed. In addition, simple socio-economic parameters will be established and monitored annually for a sample of about 20% of PAPs. The following will be assessed among others: Average monetary income, and total income including self-consumption; Breakdown of household expenditures; Surface area of land holdings, Crops and estimated or observed yields, Number of unemployed people; and Number of children at school. Every two years, the socio-economic quality of life index will also be measured and calculated to allow comparisons. This will require socioeconomic surveys to be administered once every two years for 3 years on a sample of about 20% of PAPs. 8.3 EXTERNAL MONITORING The Project Implementation Unit (PIU) will hire a suitably qualified external social auditor with significant experience in resettlement to carry out two reviews annually with reviews focusing on the assessment of compliance with social commitments contained in Kenyan legislation, in the World Bank Principles, in this Resettlement Action Plan(s), in the ESIA and its attached action plans, and in the Social Management Plan. Objectives of these six-monthly reviews are as follows: To assess overall compliance with the RAP and other social commitments made in the Environmental and Social documentation, To verify that measures to restore or enhance Project-Affected Peoples quality of life and livelihood are being implemented and to assess their effectiveness, To assess the extent to which the quality of life and livelihoods of affected communities are being restored in an appropriate manner. Beyond commitments identified in this Resettlement Action Plan, this review will also assess overall compliance with other mitigation measures to address non resettlement-related social impacts described in the ESIA, the ESMP and the Contractor Plans. The types of commitments that will be verified by the external monitoring expert include the following: Pollution prevention - dust and noise management in communities, Community safety - awareness raising programs in communities on communicable diseases; community awareness of project traffic routes and traffic safety briefing, Infrastructure and services - reinstatement of damaged infrastructure and compensation process; and roads shared with the public are maintained in reasonable condition Community liaison - community awareness of project activities; complaints procedures; camp rules; recruitment process; project traffic speed limits; pre-warning of blasting, noisy activities and other planned disruptions; procurement process and regular community meetings and access to community liaison officers, FRAME Consultants Ltd 73 Final RAP Report

80 Grievance management follow up of grievances reported; accessibility of Community Liaison Officers; community awareness of complaints procedures and complaints close out. External monitoring reports will be prepared independently by the reviewer and released to the lenders and to the public after review by PIU for factual accuracy. 8.4 Resettlement Completion Audit The purpose of the Completion Audit is to verify that Proposed Project has complied with resettlement commitments defined by the RAP, and more generally if compliance with World Bank procedures on involuntary resettlement is always warranted. Reference documents for the Completion Audit are the following: This Resettlement Action Plan, Kenyan laws as they are described in Section 3 of this RAP, Reference policies contained in World Bank procedures related to involuntary resettlement. The Completion Audit has the following specific objectives: General assessment of the implementation of the RAP against the objectives and methods set forth in the RAP, Assessment of compliance of implementation with laws, regulations and safeguard policies; Assessment of the fairness, adequacy and promptness of the compensation and resettlement procedures as implemented; Evaluation of the impact of the compensation and resettlement program on livelihood restoration, measured through incomes and standards of living, with an emphasis on the no worse-off if not better-off requirement; and Identification of potential corrective actions necessary to mitigate the negative impacts of the program, if any, and to enhance its positive impacts. The Completion Audit will be based on documents and materials generated by internal and external monitoring. In addition, auditors will make their own assessments, surveys and interviews in the field and with Project-Affected- Persons. FRAME Consultants Ltd 74 Final RAP Report

81 9.0 PUBLIC CONSULTATIONS AND DISCLOSURE Public consultation was important for soliciting the opinion of the project affected persons about the project impacts and compensation payments. Meaningful consultation has been carried out with relevant stakeholders. Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within Juja and Thika Town. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-governmental organizations, Community Based Organizations, youth organizations, Ruiru - Juja Water and Sewerage Company (RUJWASCO),Thika Water and Sewerage Company (THIWASCO) and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people. Figure 15: Public Baraza / meeting in Kimuchu village, Witeithie location In each area, the RAP consultants and the valuation experts conducted open forums with the PAPs to inform them about the sewerage project and the need for some of them to either shift or get relocated away from the right of way. Transect walks, where possible were conducted and observations were made on physical and environmental conditions. The Consultants were very consistent with this approach to ensure that all stakeholders are adequately briefed about the project and their suggestions and inputs are included in the project. This approach will further strengthen the sustainability of the project. During consultation meetings, the PAPs recognizes that they have encroached on the public way leaves such as riparian land and are wiling to remove their structures and crops to pave way for the FRAME Consultants Ltd 75 Final RAP Report

82 project. They recognize the benefits that the sewerage project will have on their communities. However they regrets that they will be losing parts of their structures which they spent money constructing and some of their structures are business premises so they will loss their source of livelihood. During the discussions, the PAPs raised questions and provided comments concerning compensation option and types of compensation they expected. 9.1 CONSULTATION OUTCOMES A wide range of public was consulted on the proposed project. These people gave a candid view of the proposal. The views reflect different interests and positions in the community. They expressed appreciation to the proponent for the proposal. The following is the summary of issues emerging from consultations: Positive impacts i. Employment This is a key benefit of any project that host communities can gain from a proposed project. They thus expressed the need for the proponent to observe the following with regard to employment. Those responsible for project implementation ensure that youth from the area are given priority in recruiting labour force. They were emphatic especially on the recruitment of manual labour. While recruiting employees during the operation phase there is need to consider local population skilled in various issues. ii. Mutual respect With the new found relationship between the community and proponent, respect was paramount for the success of the proposed project both in the short and long term. They noted that this is a key aspect of sustainable enterprises. iii. Participation in the life of the community The proponent has become part and parcel of the local community. There is thus need to fully participate in the life of the local community in improving their standards of living. iv. Implementation Given the immense benefits that the proposed project will produce, the community members urged the proponent to hasten so that the community can start benefitting from it. Those living in towns are especially very keen on the sanitation aspect. v. Manual labour As much as is practically possible, machinery should not be used where manual labour can be used to increase employment opportunities for the community. vi. vii. Remuneration Contractors should be advised not to underpay local people who will be employed on casual basis. Peaceful coexistence and Open communication To avert unnecessary conflicts, there is need for prompt communication to all stakeholders. This could be through the use of the local administration and other such fora. Any FRAME Consultants Ltd 76 Final RAP Report

83 information or clarification about stakeholders position on project need to be promptly availed to any interested party. viii. Project acceptance and support There was a unanimous support for the proposed project. This was as a result of clear explanation of what is proposed and the way forward in the implementation process. The community understood that the project is feasible in all aspects. In addition, the project will spur growth in the area. The local administration indicated that the entire community would support the project as long as it promoted development in the area. The community has no objections for the project since there are similar projects in other parts of the country that have benefitted the residents. In addition, the fact that access to water and decent sanitation is a right enshrined in Constitution of Kenya. The community thus embraces the project which will go a long way in making this right a reality. The community also expressed concerns related to undesirable impacts from the proposed Juja Thika South Sewerage Project. These varied from location to location and were greatly a function of the socio-economic characteristics of the area. i. Pollution of surface water This concern emerged in Kimuchu, Witeithie, Athena and Murera. As of now, there is a large population that has no piped water and relies on streams, wells and rivers in the area. ii. Displacement Kimuchu, Witeithie, Athena and Murera again led in this concern. It emerges from the fact that the plots are too small (30feet by 60feet on average). The concern is that laying trunk sewers may displace some of the residents from their plots. iii. Change of user In Ngoingwa/Mang u Investment area, this was the main concern. Currently, the laws allow only single dwellings. With the sewerage system, change of user will be easily granted allowing for construction of flats. Those who have invested in domestic houses felt they will lose privacy as a result. RAP Team explained the proposed mitigation measures to their concerns among other potential negative impacts. This allayed fear from the community. FRAME Consultants Ltd 77 Final RAP Report

84 10.0 IMPLEMENTATION OF THE RAP The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the Juja Thika South Sewerage project up-to the completion and the time that the infrastructure will be fully available to full use. 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: Preparation of RAP Consultation and Disclosure of RAP Audit of the PAP register and compensation package due to each PAP Signing of agreements on compensation packages by PAPs Resolving emerging grievances Compensation and/or Supplementary assistance Notification of PAPs to relocate Commencement of project operations Monitoring and evaluation, including baseline update Table 11: Implementation Schedule Activity Preparation of RAP Disclosure of the RAP Report Audit of the RAP report to verify PAP and compensation details Signing of compensation and relocation assistance agreements Resolution of conflicts and Grievances Payment of compensation to PAPs and facilitation of relocation Issuance of notices for relocation Commencement of works Monitoring of the resettlement activities Months FRAME Consultants Ltd 78 Final RAP Report

85 APPENDICES FRAME Consultants Ltd 79 Final RAP Report

86 APPENDIX 1 LIST OF CONSULTATION MEETINGS FRAME Consultants Ltd 80 Final RAP Report

87 STAKEHOLDER WORKSHOP REPORT SENATE HOTEL, JUJA 1 INTRODUCTION The workshop brought together stakeholders from different organizations and aimed at informing stakeholders of progress to date for the on-going Phase I Sewerage Project and to seek views regarding the pre-feasibility study findings for Phase II. 1.1 WORKSHOP OBJECTIVES The objectives of the workshop were lined out as follows: To inform stakeholders of progress to date of Phase I Project To seek views regarding the proposed pre-feasibility study options Receive queries from participants Build consensus among stakeholders Consolidate the commitment of stakeholders to the Project 1.2 WORKSHOP OUTPUTS The expected outputs were: Stakeholders Concerns Consensus Way Forward 1.3 WORKSHOP PARTICIPANTS The workshop was attended by representatives from:- Ministry of Lands, Urban Development & Housing Kiambu County Government County Representatives, Provincial Administration Athi Water Services Board Ruiru-Juja Water & Sanitation Company (RUJWASCO) Thika Water & Sanitation Company (THIWASCO) JKUAT FRAME Consultants Ltd The full list is attached below. 2 WORKSHOP PROGRESS 2.1 OPENING SESSION Ms Nyambura Mugo of Athi Water Services Board gave the opening remarks on behalf of Ministry of Lands, Housing & Urban Development and Athi Water Services Board. She thanked the participants for taking their time to attend the workshop and assured them that both the Ministry and the Board, as the programme executing agency, were committed to FRAME Consultants Ltd 81 Final RAP Report

88 ensuring that the on-going Phase I Sewerage Project and proposed studies & design for Phase II became a success. Brief opening remarks were thereafter made by RUJWASCO MD Eng. Mungai, THIWASCO MD Eng Njoroge and the representative from Directorate of Nairobi Metropolitan Development. 2.2 PRESENTATIONS MADE The participants were taken through presentations as follows: County Brief by Hon. Esther W Njuguna (County Executive Member for Water, Environment & Natural Resources) Focus was on:- Kiambu County Governments Mission & Vision Size and Location of Kiambu County Population of the different towns within the County Brief by Eng. Samuel Mbachia (Athi Water Services Boards) Focus was on:- AWSB Mission and Vision Over view of completed and on-going projects within the Boards Jurisdiction Brief Overview of Ruiru-Juja-Thika Sewerage Project Project challenges, impacts and way-forward Project Presentation by Eng. Bernard Wanjohi (FRAME Consultants Ltd) Focus was on:- Project Summary of the on-going implementation of Phase I Sewerage Project Presentation on the current WSS situation as well as the existing water supply and sanitation facilities within the project Area of Phase II Proposed Water Supply and Sanitation interventions were given. The Consultant pointed out that feasibility studies for short(phase IIA), medium(phase IIB) and long-term(phase IIC) will be considered and the best alternative recommended based on the available budget for the works Projected population, projected water demand as well as the projected sewerage demand upto the year 2035 was given Planned Resettlement Action Plan and Environment Impact Assessment 2.3 QUERIES & COMMENTS ON FCL PRESENTATION THIWASCO: - Are Landless and Ngoingwa Estates catered for in the Consultant s Sewerage Plans for Thika? FCL: -One side of Ngoingwa Estate will be covered under Phase IIA through Komu River TS. The other side could only be covered under Thika North (Phase III). Landless Estate FRAME Consultants Ltd 82 Final RAP Report

89 will not be part of Phase IIA. This is due to the fact that the Consultant is considering rehabilitating and expanding the Existing Sewage Treatment Works to cater for flows from Komo River Drainage Basin. Landless Estate is outside this Drainage Basin. The Consultant is, however, in discussion with AWSB for studies to be done to look into possibilities of integrating Northern and Southern Parts of Thika under Phase III of the Works. Land has already been set aside for Sewage Treatment Works at Nanga for this purpose. THIWASCO: Could the Consultant clarify why Nanga Site where Land is available is not an Option for location of a STW instead of consideration of the Munyu STW? FCL:-Nanga Site is to the North of the Thika Town. This site as an option is being looked at for future and ultimate flows (Phase IIB &IIC) and would adequately cater for the Thika North and a section of Thika South. The Budget available may only be able to cater for rehabilitation and expansion of the Existing Thika STW. The Consultant is, however, in consultation with AWSB on the need to look into the possibility of integrating Northern and Southern Parts of Thika under Phase III of the Works Kalimoni County Rep: - Are Project Affected Persons going to be compensated? FCL:-Modalities for identification and compensation of project affected persons will be looked at exhaustively in the Resettlement Action Plan to be prepared. Kalimoni County Rep: What Criteria is the Consultant using to identify priority areas for Sewer Coverage? FCL: -The following Criteria is being used Where most of the population has settled Where future developments are expected Kalimoni County Rep: How are the people of Kalimoni going to benefit from the Project? FCL:-Benefits to the Residents will be as follows:- Increased commercial development Increase in land value Reduction in water borne diseases Kalimoni County Rep: Why has the Master Plan which was completed in 1998 taken so long to implement? FCL:-The Master Plan is being implemented in phases, although behind schedule. JKUAT Representative:- The proposed plan for Juja Sewerage as indicated in the provided drawings are considerate of JKUAT and the Institution is therefore supportive of the Ongoing study and future implementation. FRAME Consultants Ltd 83 Final RAP Report

90 JUJA Residents Association Representative: The Residents of Juja and its environs are happy with the planned developments and will be happy to give any assistance required by the consultants. Kiambu County Governor: The County Government appreciates the intervention by the World Bank, AWSB and the Ministry of Lands, Housing and Urban development in the implementation of sewerage systems for the Residents of Ruiru, Juja and Thika. The County Government will assist in every way to ensure the projects are implemented without hindrance. 3.0 EMERGING ISSUES At the end of the workshop, the following were identified as the emerging issues that needed to be addressed:- Pieces of land donated by individuals to be identified and secured Land proposed for STW to be acquired without further delay Locals participation during implementation of the projects Acquisition of way-leaves Integration of Thika South and North to be considered in the Feasibility Study 4.0 CLOSING REMARKS The workshop was officially closed by Hon. Esther W Njuguna (County Executive Member for Water, Environment & Natural Resources) on behalf of the Governor, Kiambu County. FRAME Consultants Ltd 84 Final RAP Report

91 S.NO NAME ORGANIZATION/COMPANY ADDRESS 1 Hon William Kabogo Governor Kiambu County Kiambu TELEPHONE- MOBILE NO ADDRESS 2 Esther Njuguna County Executive Member 2344 Kiambu enjunguna@cpc.kiambu.go.ke 3 WincateW.Kiawe Office of Governor Nairobi wincate@kgo.kiambu.com 4 Eng. R.G Ngigi Engineer Juja Kiambu County 1170 Thika gilyarobert@gmail.com 5 Andrew.V Kimani Kiambu County Thika Mary Chege Kiambu county many.chege@gmail.com 7 Eunice Karoka Kiambu County 4433 Kiambu ekaroki@cec.kiambu.go.ke 8 Maryanne Wanjema Kiambu county Thika mwanjema@yahoo.com 9 Isaac Kinuthia MCA isaackinuthia@gmail.com 10 George Kioi MCA georgekioi@yahoo.com 11 Hon Emily Warutere MCA 2408 Thika warutere.emily@yahoo.com Hon. Mwangi 12 Wamwangi MCA 4557 Thika mwango.wamuagi@gmail.com 13 Patrick Chege MCA Hon. Michael Waweru MCA 170 Kiambu waweru316@gmail.com 15 Hon George Gitau MCA 1560 Ruiru gitauga5@yahoo.com 16 Joel Waichere MCA Nairobi jwgithii@gmail.com 17 S.P Muiruri MCA Witethie 7032 Thika muiruri@gmail.com 18 Fredrick Azelwa MSCA 274-Ruiru fazelwa@yahoo.com 19 Paul C. Mburu MCA paulmburu5205@yahoo.com 20 Hon Samuel Gitau Munene MCA - Juja Ward 534 Kalimoni samuelgitau.kiata@gmail.com 21 Dr. Jane Njuguna Transport Coordinator Kiambu 1905 Kiambu jangatanga@gmail.com 22 Planner Peter M Mwaura Nairobi metropolitan Nairobi pmwaura@nairobimetropolitan.go.ke 23 Wamugunda E.N Nairobi metropolitan Nairobi chunda@yahoo.com 24 Eng Samuel Mbachia AWSB , Nairobi smbachia@awsboard.go.ke 25 Nyambura Mugo AWSB , Nairobi Nmugo@awsboard.go.ke 26 Rodgers Aguda AWSB , Nairobi rodgers@yahoo.com 27 Cynthiah M Muthiani AWSB 63 Matiliku jcynthia2011@gmail.com 28 Erastus Muturi THIWASCO 6103 Thika erastusmuturi@yahoo.com 29 Michael Njoroge THIWASCO 6103 Thika mnmwaura@gmail.com 30 Peter Kamau THIWASCO 6103 Thika pkamau98@yahoo.com 31 K.M Njoroge THIWASCO 64 Thika Thikawater@yahoo.com 32 Tabitha Gachanja THIWASCO 6103 Thika Thikawater@yahoo.com 33 Dr. George K Karanja THIWASCO 1431 Thika kimwikorr@gmail.com Stephen Kamau 34 Njoroge THIWASCO 1431 Thika stevenringaria@yahoo.com 35 Mohamed Maina THIWASCO 1431 Thika thikawater@yahoo.com 36 Jacob M. Ngari RUJWASCO Ruiru Eng G. Mungai RUJWASCO Ruiru mungaigg@yahoo.co.uk 38 Elizabeth N. Kungu Ruiru Sub County Water Ruiru ruirudwo@yahoo.com 39 Francis M Kamau Thika East Sub County Water 430 Thika kamau.francis@yahoo.com 40 Peter M kubunya Thika West Sub County Water 430 Thika dwothika@yahoo.com 41 Samuel Ikuomboh Ruiru Sub County Water Ruiru Elizabeth Mbuthia Ruiru Sub County Water Ruiru embuthia@yahoo.com 43 Eng C.K Kabubo JKUAT Nbi kabucha2001@gmail.com FRAME Consultants Ltd 85 Final RAP Report

92 44 Stephen Njoroge JKUAT Nbi Anne Seth JKUAT Nbi Dennis Murito JKUAT Christopher Nganga Juja Constituency Office 434 Kalimoni MuigeRugare Juja Residents Association 496 Kalimoni MuigaRugara Juja Residents Association Kalimoni James Njuguna Juja Residents Association Juja Geoffrey Wachira WRMA 1864 Thika Mwaura Murigi WRMA 1864 Kiambu com 53 Jonathan Mwaura Thika WRUA 916 Thika Daniel K.Kaagi Lower Chania WRUA 1333 Thika F.N. Mwangi Ministry of Health 39 Kiambu Antony Kioko GBS tv Samuel Opejwa GBS tv George Owino GBS tv George Millah GBS tv Joseph K Mwangi JIRA 6432 Thika Lucy Murithii Media nje28@yahoo.com 62 Milton Omondi Nation Media milton@yahoo.com 63 Oliver Musembi Nation Media Thika osembi@gmail.com 64 David Sitengo QTV/NTV sitanga@gmail.com 65 James Onnyango QTV/NTV jamesony2010@yahoo.com 66 Henry Owino Star owinohenry@yahoo.com 67 Ronald Monoh Star rmohoh@gmail.com 68 Samson Wire the Sunday Express pritceo@gmail.com 69 Erick Ludena the Sunday Express ludeyaerick@yahoo.com 70 JosphatMaguda BHB Radio/90.7 fm jmaguda@gmail.com 71 Sylus Muturi Capital fm sylusmutemi@yahoo.com 72 Michael Macharia Kiss fm mcapital@co.ke 73 Alfred Sore KNA shighai fred@gmail.com 74 Danel Munene KNA daniel@gmail.com 75 Juma Kuayara Radio One fm jkuayara@gmail.com 76 Isaac Meso Standard imeso@standard.co.uk 77 Kamau Machihe Stardard Media kmchume@gmail.com 78 George Millah Press george_millah@yahoo.co.uk 79 E.W Mwangi 95 Kalimoni allykachiran@yahoo.com 80 Rev. Peter Ngugi ACK Thika 24 Thika fatherkanja@yahoo.com 81 Patrick Mutheri CBO Daniel Mbugua Del Monte 147 Thika dmbugua@delmonte.com 83 Charles Wachira Mudtech Builders Ltd 2598-Thika midtechbulders@gmail.com 84 George Njoroge Prison Thika 95 Thika georgengaruiga@yahoo.com 85 Christine Wanjiru FRAME Consultants Pension Towers 3rd Floor chriciri@gmail.com 86 Duncan Kamau FRAME Consultants Pension Towers 3rd Floor kamaun@yahoo.com 87 Bernard Wanjohi FRAME consultants Pension Towers 3rd Floor bwanjohi@yahoo.com 88 Jeremy Thuku FRAME consultants Pension Towers 3rd Floor jeremy@frameconsultants.com FRAME Consultants Ltd 86 Final RAP Report

93 PROPOSED JUJA THIKA SOUTH SEWERAGE PROJECT MINUTES OF THE SENSITIZATION MEETING HELD ON 12th JUNE 2015 AT JUJA CHIEF S OFFICE AT 10.00AM PRESENT 1. Iddah Muchena : Frame Consultants 2. Anne Kawira : Frame Consultants 3. Charles Chege : Chief - Juja Agenda 1. Brief introduction of upcoming Juja Thika South sewerage project 2. Project affected persons 3. AOB 1. Introduction of Juja Thika South sewerage project and treatment plant Frame Consultants representative facilitated a sensitization meeting with the local Administrators (chief) on the upcoming project. An emphasis was made on the sewerage trunk lines and the treatment plant so as to provide a platform for expression of overall opinions, matters and concerns of the project to the community. The leader was also sensitized on importance of the project to the community and impacts of sewerage treatment plant proposed to be put up in Gatong ora location in Ruiru. 2. Project affected persons It was made clear that all persons affected shall be compensated by the client.it was, however, noted that compensation would depend on the losses suffered and the type of property affected. It was noted that eligible criteria shall be followed during the time of clearing way leaves and compensation. There shall be no forceful evictions, but agreement between the landowners and the client. A transect walk was done where the chief assisted in identifying the parcels of land to be affected by the project. This was done from Oasis village to the bypass. The chief suggested that the PAPS should be given notices as a form of project sensitization. 3. AOB. The chief acknowledged that it was a project that would be beneficial to the community and pledged his support in sensitizing the community members. There being no other business, the meeting adjourned at pm. FRAME Consultants Ltd 87 Final RAP Report

94 PROPOSED JUJA THIKA SOUTH SEWERAGE PROJECT MINUTES OF THE SENSITIZATION MEETING HELD ON 12th JUNE 2015 AT MURERA CHIEF S OFFICE FROM 12.00PM PRESENT 1. Jeremy Thuku: Frame Consultants Ltd 2. Iddah Muchena: Frame Consultants Ltd 3. Anne Kawira: Frame Consultants Ltd 4. Kamau: Chief - Murera Agenda 1. Brief introduction of upcoming Juja Thika South sewerage project 2. Project affected persons 3. AOB 1. Introduction of Juja Thika South sewerage project and treatment plant The design Engineer gave a presentation of the upcoming project and pointed out the potential impacts of the project. An emphasis was made on the sewerage trunk lines and the treatment plant so as to provide a platform for expression of overall opinions, matters and concerns of the project to the community. 2. Project affected persons It was noted that the interceptor trunk line has been designed to pass through private land hence the need for acquisition. The chief noted that there was an alternative route that could be used instead of using private lands. He was told that a follow up would be made to put the suggestion into consideration. The RAP team explained that all persons affected shall be compensated by the client.it was, however, noted that compensation would depend on the losses suffered and the type of property affected. Eligible criteria shall be followed during the time of clearing way leaves and compensation. There shall be no forceful evictions, but agreement between the landowners and the client. 4. AOB There being no other business, the meeting adjourned at 1.00 FRAME Consultants Ltd 88 Final RAP Report

95 Consultation records with PAPs whose land will be affected by the trunk sewer in Theta Location (Meeting held in Theta Secondary School on 22 nd July 2015) PRESENT 1 Peter M. Kamau ( Chief Murera) 2 Francis Kinuthia Thumbi (Theta Ward Adminstrator) 3 Mary Mwangi (Member of WRUA) 4 George Mbugua ( Board Chairman Theta Secondary School) 5 Dr. Joseph K.Nganga Sweet Waters Company 6 Iddah Muchena (Frame Consultants Limited) 7 Anne Kawira (Frame Consultants Limited) 8 See the attached PAPs attendance sheet AGENDA Prayers and introduction Sensitization of the project and its impacts PAPs Expectations AOB FRAME Consultants Ltd 89 Final RAP Report

96 ITEM NO AGENDA DELIBERATIONS 1 Prayer and Introduction The meeting convened at 10.00am, chaired by Chief Kamau (Theta Location) It was opened with a word of prayer by one of the Community members. After self-introduction, the Chief handed over the meeting to Chair to drive the agenda 2. Sensitization of the project and its impacts: An overview of the project was done and the possible impacts pointed out. Some of the impacts noted include but not limited to: Employment, reduced pollution and improved health, impacts on crops and land, noise and air pollution. Measures will be taken to mitigate the negative impacts. The project is for the good of the community and thus the need to embrace it. 3 PAPs Expectations: The PAPS stated some of the following as their concerns: Employment of the locals Extent of Riparian Reserve The participants, who were mostly land owners along Theta River, sited that they understand the project and they support it fully. However they were keen on compensation of their crops which they were willing to negotiate with the government The PAPs stated that they have supported the project; therefore the Contractor should engage the locals in terms of manual labour. The PAPs enquired on what methodology would be used to determine the extent of riparian. It was noted that it was the responsibility of WRMA to do so and thus they will be engaged for the same purpose. Compensation They also wanted to know if compensation would be done on the land or crops. They were informed that there will be no acquisition of land thus compensation will just be done on the crops along the riparian. It was noted that in case the Contractor interferes with any FRAME Consultants Ltd 90 Final RAP Report

97 Safety of the river piece of land which is not within the riparian reserve, it will be dealt with on a individual case The residents expressed their fears on the safety of the river water in case of poor working standards or sewer bursts in the future.they were assured that the works will be done by a qualified Contractor and there will be a supervision team on the ground that will be monitoring the works. The residents were warned against encroaching the sewer lines in future as this is another way of interfering with the same. Cases and incidents to be reported to RUJWASCO as the project will be handed over to them upon completion. The PAPs stated that the dominant type of soil in the area is cotton soil and therefore the Contractor should ensure land reinstatement will be properly done after construction works They were informed that that would be catered for in the Environmental Component of the project. The residents wanted to know how they can be connected to the sewer line. They were informed that RUJWASCO would be in charge of the same. The PAPs wanted to know how they will be represented in the project. They were informed that there will be a committee of community representatives which they will appoint among themselves. This committee will help in solving disputes and any other issue relating to the project. Land restoration FRAME Consultants Ltd 91 Final RAP Report

98 Connection to the sewer Community Participation 4 AOB: The consultations with the residents will be a continuous process throughout the project cycle. Having no other business, the meeting was adjourned at 11.45am. FRAME Consultants Ltd 92 Final RAP Report

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104 Consultation records with PAPs whose land will be affected by the trunk sewer in Komo Location on 26 th July 2015 at Kimuchu Open Grounds. PRESENT 1. James Gitau (Ass.Chief Witeithie) 2. Iddah Muchena (Frame Consultants Limited) 3. Anne Kawira (Frame Consultants Limited) 4. See the attached PAPs attendance sheet AGENDA Prayers and introduction Sensitization of the project and its impacts PAPs Expectations AOB FRAME Consultants Ltd 98 Final RAP Report

105 ITEM NO AGENDA DELIBERATIONS 1 Prayer and Introduction The meeting convened at 4.30pm, chaired by the Chief It was opened with a word of prayer by one of the Community members. After self-introduction, the Chief handed over the meeting to the chair to drive the agenda 2. Sensitization of the project and its impacts: An overview of the project was done and the possible impacts pointed out. Some of the impacts noted include but not limited to: Employment, reduced pollution and improved health, impacts on crops and land, noise and air pollution. Measures will be taken to mitigate the negative impacts. The project is for the good of the community and thus the need to embrace it. 3 PAPs Expectations: The PAPS stated some of the following as their concerns: Pollution in case of sewer burst An ESIA study has been done to make sure that the works will be done in a way that takes care of the environment and to ensure mitigation of the negative impacts that the project might have on the environment. They were assured that the works will be done by a qualified Contractor and there will be a supervision team on the ground that will be monitoring the works. Stakeholders Participation Cases and incidents to be reported to THIWASCO as the project will be handed over to them upon completion. A resident sought to know whether the project was working with the department of Public Health. It was noted that different stakeholders have been considered in every aspect FRAME Consultants Ltd 99 Final RAP Report

106 and the Public Health department is one of them. They were also informed that there will be a representation of the PAPS by a committee which they will appoint among themselves. This committee will be used to solve disputes and other issues related to the project. Employment of the locals The PAPs stated that they have no objection to the project thus the locals should be given job opportunities once the works begin especially the young people. Riparian Reserve Compensation Connection to the sewer The PAPs enquired on what methodology would be used to determine the extent of riparian. It was noted that it was the responsibility of WRMA to do so and thus they will be engaged for the same purpose. The PAPs expressed their concerns on the structures that have been done on the riparian. They were informed that such cases will be dealt with at an individual level. It was emphasized that compensation will be done only on crops within the working area. FRAME Consultants Ltd 100 Final RAP Report

107 The residents wanted to know how they can be connected to the sewer line. They were informed that THIWASCO would be in charge of the same. 4 AOB: A resident sensitized the attendants on the riparian reserve citing that it s a government land. Having no other business, the meeting was adjourned at 6.00pm FRAME Consultants Ltd 101 Final RAP Report

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116 Consultation records with PAPs whose land will be affected by the trunk sewer in Mugutha Location on 29 th July 2015 at the Assistant Chief s Office. PRESENT 1. Eddah W.Kahindu Ass.Chief Mugutha 2. Iddah Muchena (Frame Consultants Limited) 3. Anne Kawira (Frame Consultants Limited) 4. See the attached PAPs Attendance Sheet AGENDA Prayers and introduction Sensitization of the project and its impacts PAPs Expectations AOB FRAME Consultants Ltd 110 Final RAP Report

117 ITEM NO AGENDA DELIBERATIONS 1 Prayer and Introduction The meeting convened at 10.50am, chaired by the Assistant Chief It was opened with a word of prayer by one of the Community members. After self-introduction, the Assistant Chief handed over the meeting to Frame Consultants representatives. 2. Sensitization of the project and its impacts: An overview of the project was done and the possible impacts pointed out. The chair informed the attendants that the project will have both positive and negative impacts and the necessary measures will be taken to mitigate the negative impacts. Some of the impacts noted include but not limited to: Reduced pollution, increase in the value of land, improved health, impacts on crops and land, noise and air pollution. The attendants were informed that compensation will only be done on crops that will be within the riparian area and especially on those that will be in the specified working area. The project is for the good of the community and thus the need to embrace it. 3 PAPs Expectations: The PAPS stated some of the following as their concerns: Extent of riparian reserve. The PAPs sought for a clarification on how the riparian reserve will be determined. It was made clear that WRMA is the body in charge of the same and they will be involved in the process. FRAME Consultants Ltd 111 Final RAP Report

118 Connection to the sewer The residents wanted to know how they can be connected to the sewer line. They were informed that RUJWASCO would be in charge of the same and that any connection should be done upon completion of the project. Structures on the riparian Some of the PAPs indicated that there is encroachment on the riparian where some people have erected permanent structures. They were informed that riparian reserve is owned by the government and such encroachment should be condemned. Such cases will be dealt with at an individual level in the implementation phase. Residents were warned against such and encouraged to educate their neighbors about the same. Community Participation They were also informed that there will be a representation of the PAPS by a committee which they will appoint among themselves. This committee will be used to solve disputes and other issues related to the project. The PAPs appreciated the fact that they were considered as one of the stakeholders in the project. FRAME Consultants Ltd 112 Final RAP Report

119 A sketch map of the affected Parcels The attendants wanted to know who exactly will be affected so that they can be in the know how. It was noted that the project is at the design stage and a times routes may change due to some factors. Therefore, such details will follow later as consultation with the community is a continuous process. 4 AOB: NEMA and WRMA offices to do a visit in the area and educate people on conservation of wetlands. The residents supported the project. Having no other business, the meeting was adjourned at 12.20pm FRAME Consultants Ltd 113 Final RAP Report

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122 Consultation records with PAPs in Kalimoni Location on 26 th July 2015 at Kalimoni Open Grounds (Juja Thika South Sewerage Project) PRESENT 1. Veronicah Munyiri (Sub Chief) 2. Jeremy Thuku (Frame Consultants Limited) 3. See the attached PAPs attendance sheet AGENDA Prayers and introduction Introduction of the project and its impacts PAPs Expectations AOB FRAME Consultants Ltd 116 Final RAP Report

123 ITEM NO AGENDA DELIBERATIONS 1 Prayer and Introduction The meeting convened at 4.00pm, chaired by the Sub Chief It was opened with a word of prayer by one of the attendants After self-introduction, the Chief handed over the meeting to the chair to drive the agenda 2. Introduction of the project and its impacts: An overview of the project scope and the duration was done.the possible impacts were highlighted and it was noted that impacts are both positive and negative.necessary measures will be put in place to mitigate the negative ones. The PAPs were informed that they were among the important stakeholders and thus Public Participation was important. The project is for the good of the community thus the need to embrace it. 3 PAPs Expectations: The PAPS stated some of the following as their concerns: Pollution in case of sewer burst An ESIA study has been done to make sure that the works will be done in a way that takes care of the environment and to ensure mitigation of the negative impacts that the project might have on the environment. They were assured that the works will be done by a qualified Contractor and there will be a supervision team on the ground that will be monitoring the works.. FRAME Consultants Ltd 117 Final RAP Report

124 4 AOB: Connection to the sewer The residents supported the project and requested for connection to all households. They were informed that they were beneficiaries of the project. Upon completion, the project will be handed over to RUJWASCO who will be in charge of the same. The attendants welcomed the project and agreed that it was viable for their Community. Having no other business, the meeting was adjourned at 6.00pm FRAME Consultants Ltd 118 Final RAP Report

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127 APPENDIX 2 PROJECT AFFECTED PEOPLE LIST NGOINGWA FRAME Consultants Ltd 121 Final RAP Report

128 Ngoingwa Project Affected People List: FRAME Consultants Ltd 122 Final RAP Report

129 List of PAPs at Thika Treatment Plant in Kiganjo Area FRAME Consultants Ltd 123 Final RAP Report

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131 APPENDIX 3 VISUAL ILLUSTRATION OF RAP REQUIREMENTS OF THE PROPOSED JUJA THIKA SOUTH SEWERAGE PROJECT FRAME Consultants Ltd 125 Final RAP Report

132 Example of crops and trees to be affected in the proposed project area FRAME Consultants Ltd 126 Final RAP Report

133 Some of the permanent residential structures / buildings on the riparian reserve in the project affected area. FRAME Consultants Ltd 127 Final RAP Report

134 Confluence of Theta and Thiririka Rivers and Mugutha and Theta Rivers FRAME Consultants Ltd 128 Final RAP Report

135 Part of land to be acquired for the Interceptor Trunk Sewer in Ndaraca Village,Murera Location and KPLC wayleave leading to the treatment plant in Gatongora Location in Ruiru. APPENDIX 4 FRAME Consultants Ltd 129 Final RAP Report

136 CROP SCHEDULE (CROP COMPENSATION RATES FOR THIKA DISTRICT) CROP COMPENSATION RATES (KSHS) AS PER CROP AND TECHNOLOGY ADOPTED BASED ON PRODUCTION COST AND MARKET VALUES Crop Young (R/P) Average(R/P) Mature (R/P) Maize Beans Kales Avocado Tomato Spinach French beans Irish potatoes Sweet potatoes Onions Brinjals Capsicum Mango local Mango Exotic FRAME Consultants Ltd 130 Final RAP Report

137 Pawpaw Pigeon peas Cowpeas Sorghum Millet Cassava Bananas Note: Gravillea and blue gum young shs 855, average 2000 and mature 5000 R/P...Rate per plant. Comments All rates are per plant except for beans, sweet potatoes, carrots, soya beans and cowpeas which are per square meter. Compensation rates for young and average age crops are based on cost of production. Compensation rates for mature crops are based on yields and market rates. Compensation rates are worked for the most suitable AEZ for that particular crop. FRAME Consultants Ltd 131 Final RAP Report

138 APPENDIX 5 SOCIO ECONOMIC BASELINE QUESTIONNAIRE SOCIO - ECONOMIC SURVEY TOOL FOR AFFECTED HOUSEHOLDS JUJA THIKA SOUTH SEWERAGE PROJECT PHASE 11 Date: Name of enumerator: Questionnaire No. Name of the Project Area 1. BASIC SOCIO ECONOMIC INFORMATION OF THE PAPS Sex of household head: M F Age of household head: No. of household members: Males Females Number of household members eligible for special treatment (i.e. vulnerable): Elderly Widow Orphan Disabled FRAME Consultants Ltd 132 Final RAP Report

139 Terminally ill for more than three months Number of Years you have stayed in the Project Area: Education level of household head: Primary Secondary University None Other Affected assets (indicate number and/or extent): Land Business House Structure Trees Crops Others (specify): 2. LIVELIHOOD Income sources of household S/N Income Source Tick where appropriate 1. Casual Labor 2. Employment 3. Farming 4. Business 5. Other Income of household head (Monthly Income) S/N Monthly Income Tick where appropriate 1. Less than 10, ,001 15, ,001-50, Above 50, ACCESS TO PUBLIC SERVICES S/N Services Service Type Tick to indicate use / availability 1. Water source for drinking / cooking Rain water Tap water inside house FRAME Consultants Ltd 133 Final RAP Report

140 2. Water Source for Cleaning Public tap water Canal, river, pond Hand dug well Borehole Others Rain water Tap water inside house Public tap water Canal, river, pond Hand dug well Borehole Others 3. Toilet Pit Latrine Pour Flush Toilet Flush toilet No toilet/ Neighbor s toilet Others Main Source of Lighting Main Source of Cooking fuel Electricity Solar Energy Generator Battery Candles/ Kerosene Lamps None Gas Kerosene Fuel Wood Electricity Others 6. Religion Chrisitan Islam Hindu Others 7. Health Services Clinic / chemist Dispensary HealthCare Hospital 8. Security Police Post Others Transport Car 9. Bus FRAME Consultants Ltd 134 Final RAP Report

141 Motorcycle Bicycle Others 10. Shops Market Shops for Clothing Shops for food 4. COMPENSATION AND RELOCATION Are you aware that land could be affected? Yes No Would you be willing to give up part of your land for the project if necessary? Yes No If yes, where would you like to be resettled? (Tick the answer/s) i. Within the same land ii. In the same community area iii. To resettlement site, if available iv. The resettlement location does not matter v. Another area of my choice (please specify): vi. Do not know where to move If no, please state why: Which income restoration arrangement do you prefer? Cash In-kind If in kind, what is your suggestion? Preferred compensation arrangement Cash compensation: In kind compensation: If in kind, what is your suggestion? FRAME Consultants Ltd 135 Final RAP Report

142 5. PROJECT AWARENESS Are you aware of the Proposed Juja - Thika South Sewerage Project? Yes No Will the Project benefit the community? Kindly State how How did you hear about the Proposed Juja- Thika South Sewerage Project? Thank you for your cooperation FRAME Consultants Ltd 136 Final RAP Report

143 APPENDIX 6 THIKA SOUTH SEWERAGE SYSTEM TRUNK SEWERS FRAME Consultants Ltd 137 Final RAP Report

144 Fig: Komu & Kamuguti Trunk Lines FRAME Consultants Ltd 138 Final RAP Report

145 APPENDIX 7 INTERCEPTOR TRUNK SEWER ROUTE FRAME Consultants Ltd 139 Final RAP Report

146 Fig: Interceptor Trunk Sewer routes FRAME Consultants Ltd 140 Final RAP Report

147 Fig: Interceptor Trunk Sewer Routes FRAME Consultants Ltd 141 Final RAP Report

148 APPENDIX 8 JUJA SEWERAGE SYSTEM TRUNK SEWERS FRAME Consultants Ltd 142 Final RAP Report

149 Fig: Combined Thiririka, Theta & Interceptor Trunk Routes FRAME Consultants Ltd 143 Final RAP Report

150 APPENDIX 9 RUIRU TREATMENT WORKS PHASE II FOR JUJA IN RUIRU FRAME Consultants Ltd 144 Final RAP Report

151 Fig: Juja STW Layout at Ruiru FRAME Consultants Ltd 145 Final RAP Report

152 APPENDIX 10 THIKA TREATMENT WORKS SITE PHASE II FRAME Consultants Ltd 146 Final RAP Report

153 Fig: Thika South STW Layout FRAME Consultants Ltd 147 Final RAP Report

154 APPENDIX 11 PROJECT AREAS FRAME Consultants Ltd 148 Final RAP Report

155 Fig: Project Area within Kiambu County FRAME Consultants Ltd 149 Final RAP Report

156 APPENDIX 12 COPIES OF LAND TRANSFER TO RUIRU MUNICIPAL COUNCIL FRAME Consultants Ltd 150 Final RAP Report

157 FRAME Consultants Ltd 151 Final RAP Report

158 FRAME Consultants Ltd 152 Final RAP Report

159 FRAME Consultants Ltd 153 Final RAP Report

160 FRAME Consultants Ltd 154 Final RAP Report

161 FRAME Consultants Ltd 155 Final RAP Report

162 FRAME Consultants Ltd 156 Final RAP Report

163 FRAME Consultants Ltd 157 Final RAP Report

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