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DRAFT RESSETLEMENT ACTION PLAN FOR THE PROPOSED 132KV
ELDORET-KITALE TRANSMISSION LINE PROJECT
OCTOBER 2009
Submitted By: Submitted To:
Otieno Odongo& Partners Consulting Engineers The Company
Secretary
P.o Box 54021-00200 Kenya Power & Lighting Co. Ltd
Nairobi P.o Box 30099-00100
Tel : 020-38700222 Fax : 020-3870103 Nairobi, Kenya
Fax : 020-3870103 Tel : 0203201000
Email: [email protected]
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wb20439Typewritten TextRP883v12
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Acronyms WB World Bank
BP Best Practices DFI Development Finance institutions
EAP Environmental Action Programmes EIA Environmental Impact
Assessment
ESIA Environmental and Social Impact Assessment
EIB European Investment Bank
GRRM Grievance Referral and Redress Mechanism
HV High Voltage
KPLC Kenya Power and Lighting Company Limited
LPAP Land Purchase Assistance Programme
O&M Operations and Maintenance
PAPs Project Affected Persons
PAH Project Affected Households
PCDP Public Consultation and Disclosure Plan
PIM Project Information Memorandum
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
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Definitions of Key Terms Project Affected Person (PAP)-means the
same as displaced person within the meaning of
IFC’s Performance Standard 5 on land acquisition and involuntary
resettlement, and means any person experiencing loss of asset,
access to income whether of a temporary or permanent
nature due to the land acquisition process regardless of whether
they are physically displaced or relocated or not.
Project Affected Household means the family or collection of
PAPs that will experience
effects from land acquisition regardless of whether they are
physically displaced or relocated
or not.
Compensation means payment in cash or kind for an asset to be
acquired or affected by a
project at replacement cost.
Cut-off-date means the date after which PAPs will NOT be
considered eligible for
compensation, i.e. they are not included in the list of PAPs as
defined by the socio-economic
survey.
Displaced Persons means all the people affected by a project
through land acquisition,
relocation, or loss of incomes and includes any person,
household, firms, or public or private
institutions who as a result of a project would have their;
(i) Standard of living adversely affected;
(ii) Right, title or interest in all or any part of a house,
land (including residential, commercial, agricultural, plantations,
forest and grazing land) or any other moveable or fixed
assets acquired or possessed, in full or in part, permanently or
temporarily adversely affected; or
(iii) Business, occupation, place of work, residence, habitat or
access to forest or community resources adversely affected, with or
without displacement.
Encroachers mean those people who move into the project area
after the cut-off date and are therefore not eligible for
compensation or other rehabilitation measures provided by the
project.
Entitlement means the range of measures comprising cash or kind
compensation, relocation
cost, income rehabilitation assistance, transfer assistance,
income substitution, and relocation
which are due to /business restoration which are due to PAPs,
depending on the type and
degree nature of their losses, to restore their social and
economic base.
Full Cost of Resettlement Compensation based on the present
value of replacement of the
lost asset, resource or income without taking into account
depreciation.
Income Restoration means the measures required to ensure that
PAPs have the
resources to at least restore, if not improve, their
livelihoods.
Indigenous peoples mean the people indigenous to an area and
include ethnic minorities as
defined by IFC’s Performance Standard 7 on indigenous
peoples.
Involuntary Resettlement refers both to physical displacement
(relocation or loss of shelter)
and to economic displacement (loss of assets or access to assets
that leads to loss of income sources or means of livelihood) as a
result of project-related land acquisition. Resettlement is
considered involuntary when affected individuals or communities
do not have the right to refuse land acquisition that result in
displacement.
This occurs in cases of: (i) lawful expropriation or
restrictions on land use based on eminent domain: and (ii)
negotiated settlements in which the buyer can resort to
expropriation or
impose legal restrictions on land use if negotiations with the
seller fail. In the event of adverse economic, social, or
environmental impacts from project activities other than land
acquisition (e.g., loss of access to assets or resources or
restrictions on land use), such
impacts will be avoided, minimized, mitigated or compensated for
through the social and
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environmental assessment process of IFC’s Performance Standard 1
on social &
environmental assessment and management system. Land acquisition
means the process whereby a person or household is
involuntarily
alienated from all or part of the land s/he owns or possesses,
to the ownership and possession of a project for public purposes,
in return for fair compensation.
A Local Authority is either a County Council or Municipal
Council whose activities are established and controlled by Local
Government Legislation.
Market Value means the process of determining market value has
sought to establish
appropriate compensation figures so that the affected population
is able to restore their
standards of living to levels “at least as good as or better
than” than they were prior to the
project. Where the Government rates do not provide for this
standard of value, KPLC, with
the technical support of the independent evaluator will
calculate and adjust the compensation
figures according to these principles.
Relocation means the physical moving of PAPs from their
pre-project place or residence,
place for work or business premises
Resettlement Action Plan means the time-bound action plan with
budget setting out
resettlement strategy, objectives, entitlements, actions,
responsibilities, monitoring and
evaluation.
Resettlement Impacts The direct physical and socio-economic
impacts of resettlement
activities in the project and host areas. Resettlement Policy
Framework A resettlement policy framework is required for
projects
with subprojects or multiple components that cannot be
identified before project approval. This instrument may also be
appropriate where there are valid reasons for delaying the
implementation of the resettlement, provided that the
implementing party provides an appropriate and concrete commitment
for its future implementation. The policy framework
should be consistent with the principles and objectives of
Performance Standard 5 Socio-economic survey means the census of
PAHs/ PAPs of potentially affected people,
which is prepared through a detailed survey based on actual data
collected.
“Trust Land” refers to that land that is still held under
African customary tenure.
Vulnerable means any people who might suffer disproportionately
or face the risk of being
marginalized from the effects of resettlement i.e.; (i)
female-headed households with
dependents; (ii) disabled household heads; (iii) poor
households; (iv) landless elderly
households with no means of support; (v) households without
security of tenure; and (vi)
ethnic minorities.
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EXECUTIVE SUMMARY
In a bid to increase the supply of electricity in both rural and
urban parts of the country, the Kenya Power & Lighting has
proposed to develop two new 132KV power transmission lines
namely the Mumias-Rangala-Kisumu and the Eldoret-Kitale lines.
The need of developing the lines is apparent due to the acute power
shortages being experienced currently in the
country. Studies have shown that less than 20% of the total
Kenyan population and
approximately less than 5% of the rural population have access
to power supply. The aim of
the Government is to accelerate access to power supply by a rate
of 20% for the rural
population by 2010 and by 40% in 2020. To achieve its goal the
Government has prepared
the Energy Scale Up Program covering the period 2008 to 2017.
These proposed lines have
tried to avoid populated areas as much as possible by passing
through agricultural areas
though, in some unavoidable cases it has passed through trading
centres, schools among other
economic and social viable .
Socio-Economic surveys were conducted along the proposed power
transmission lines and it
is apparent that the proposed route will lead to either the
physical displacement of people,
loss of their shelter, loss of assets, loss of income sources or
means of livelihood, or
restriction of access to economic resources and family members.
Therefore, World Bank’s
Operational Policy 4.12 on involuntary settlement is triggered.
The policy calls for the preparation of a Resettlement Action Plans
on which this report is based.
This RAP provides a detailed methodology through which the
proponent (KPLC) will consult with the PAP’s, develop appropriate
and sustainable mitigation plans for all involuntary
resettlement programmes associated with the project. A major
objective of this RAP is to ensure that affected individuals and
households, and
affected and/or displaced communities are meaningfully
consulted, have participated in the planning process, are
adequately compensated to the extent that at least their pre-
displacement incomes have been restored and that the process has
been a fair and transparent
one.
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TABLE OF CONTENTS
1 INTRODUCTION AND BACKGROUND1-10
1.1 INTRODUCTION 1-10
1.2 OBJECTIVE OF THE PROJECT 1-10
1.3 GUIDING PRINCIPLES 1-10
1.4 APPROACH AND METHODOLOGY 1-12
2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK 2-15
2.1 LAND RELATED LEGAL ISSUES 2-15
2.1.1 Customary Land Tenure: 2-15
2.1.2 Public Tenure: 2-15
2.1.3 Statutory Tenures 2-15
2.1.4 Other Interests include: 2-16
2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL
PLANNING ACT (CAP 286) 2-16
2.3 WAY LEAVES ACT (CAP. 292) 2-16
2.4 THE LAND ACQUISITION ACT (CAP. 295) 2-16
2.5 REGISTRATION OF TITLES ACT CHAPTER 281 2-17
2.6 THE TRUST LAND ACT, CHAPTER 288 2-17
2.7 VALUATION AND RELATED LEGAL ISSUES 2-17
2.8 VALUATION PROCESS RELEVANT TO RAP 2-17
2.9 CUT-OFF DATE 2-18
2.10 COMPENSATION OF THE PAPS 2-19
2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES 2-19
2.12 GRIEVANCES ADDRESS MECHANISMS 2-19
2.13 WORLD BANK POLICY 4.12 2-20
2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA 2-21
2.14.1 Procedures of Private Land Acquisition under 2-21
2.14.2 Procedures of TrustLand Acquisition 2-21
2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON
RESETTLEMENT 2-22
3 LAND VALUATION AND COMPENSATION ESTIMATES 3-23
3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE 3-23
3.2 METHODOLOGY 3-23
3.3 VALUATION INFORMATION 3-23
3.4 PROJECT AREA 3-23
3.5 LAND TENURE 3-24
3.6 REGISTERED OWNERS 3-24
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3.7 AREA 3-24
3.8 LAND USE 3-24
3.9 TOPOGRAPHY/PLOT 3-24
3.10 IMPROVEMENTS 3-24
3.11 SURVEY PLANS 3-25
3.12 GENERAL REMARKS 3-25
4 FRAMEWORK FOR RAP-PROCEDURES 4-27
4.1 RESOURCES 4-28
4.2 COMMUNITY ENGAGEMENT REQUIREMENTS 4-28
4.3 ELIGIBILITY NOTICE 4-29
4.4 IMPLEMENTATION MECHANISM 4-29
4.5 LEGAL AND LEGISLATIVE REQUIREMENTS 4-29
4.6 LAND ACQUISITION 4-30
4.7 SOCIO-ECONOMIC SURVEY 4-30
4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK: 4-32
4.8.1 Agencies responsible for the resettlement Activities:
4-32
4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN 4-34
4.9.1 Implementation Process for the Rap 4-35
4.9.2 Implementation Schedule and the RAP Budget 4-35
4.9.3 Appointment of Implementing Agent 4-36
4.9.4 Compensation Phase 4-36
4.9.5 Compensation and Relocation Times 4-36
4.9.6 Reporting 4-37
4.10 RESETTLEMENT ACTION PLAN SCHEDULE: 4-37
4.11 RAP MONITORING FRAMEWORK 4-39
4.11.1 Internal Monitoring 4-39
4.12 EXTERNAL MONITORING AND EVALUATION 4-39
4.12.1 RAP Monitoring Framework 4-40
4.12.2 Post Evaluation (Completion Audit) 4-41
5 SOCIO-ECONOMIC SURVEY FIELD FINDINGS 5-44
5.1 DEMOGRAPHIC INFORMATION 5-44
5.1.1 Education data of population within the project area
5-44
5.2 SOCIAL ISSUES 5-45
5.3 INCOME LEVELS 5-46
5.3.1 Relation to the Property 5-47
5.4 INFORMATION ON PROPERTY CHARACTERISTIC 5-48
5.5 LAND OWNERSHIP DETAILS 5-49
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5.6 ENERGY 5-49
5.7 INFRASTRUCTURAL FACILITIES IN THE AREA 5-50
5.7.1 Communication Infrastructure 5-50
5.7.2 Water Sources 5-51
5.7.3 Energy 5-51
5.8 GENDER ISSUES 5-54
5.9 RESETTLEMENT ISSUES 5-54
5.10 IMPACT OF PROJECT DEVELOPMENT 5-55
6 REFERENCES 6-59
APPENDIX 1: Public grievance form
LIST OF FIGURES
Figure 2.1: Grievance Redress Procedure
Figure 5.1.1 Education data of population within the project
area
Figure 5.2(a) Sources of Incomes of population within the
project area
Figure 5.2(b) Sources of Incomes of population within the
project area
Figure 5.3 Incomes Levels of population within the project
area
Figure 5.3.1 Property Ownership
Figure 5.4 Number of years businesses have been conoducted I the
project area
Figure 5.5 Type of Land Tenure
Table 5.6 Willings of community members to pay for electricity
supply
Figure 5.6 Monthly expenses on energy used by community
members
Figure 5.7.2 Sources of water used in project area
Fgure 5.7.3 (a) Type of energy used by community members in the
project area
Figiure 5.7.3 (c) Representation of avaialble infrastrucutral
facilities in project area Figure 5.7.3 (b) Distance of community
members to services
Figure 5.7.3 (f) Representation of common diseases in project
area Figure 5.7.3 (e) Representation of avaialble health facilities
in project area
Figure 5.7.3 (d) Representation of available institutions in
project area Figure 5.8 Representation of property ownership visa
vis gender of households
LIST OF PLATES
Graph 1.1: Percentage distribution of respondents in the
different project locations Graph 1.2: Percentage distribution of
commercial centres in villages
LIST OF TABLES
Table 2.1: Valuation Process Relevant to RAP
Table 3.1 Estimated Value of Property in Project Area
Table 4.2 Resettlement Plan Activity Schedule
Table 4.7: Demographic and socio-economic characteristics of the
respondents
Table 4.10 Resettlement Action Plan Activity Schedule
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Table 4.12.2 Monitoring Indicators
Table 5.3.1 Years of settlement in Project Area
Table 5.3.1 Pie Chart showing property ownership for business
community in project area
Table 5.7.1 Types of roads avaialbel in the project area
Table 5.9 (a) Representation of number of persons to be
resettled from households
Table 5.9 (b) Representation of preliminary resettlement options
presented by households
Table 5.9 (c) Representation of resettlement preference by
households
Table 5.9 (d) Representation of basis of property valuation by
households
Figure 5.10 (a) Representation of project anticipated impacts by
households Table 5.10 (a) Representation of anticipated project
impacts on households daily activities
Table 5.10 (b) Representation of anticipated impacts of
resettlement on households Table 5.10 (c) Representation of
proposals raised by households to reduce resettlement
Table 5.10 (d) Representation of responses on issues likely to
hinder resettlement Table 5.10 (e) Representation of responses on
how collective decisions are made for
commercial and administrative institutions.
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1 INTRODUCTION AND BACKGROUND
1.1 INTRODUCTION
The government proposes to develop a 132kv line from
Eldoret-Kitale through the Energy Scale Up Program covering the
period 2008 to 2017. The aim of the Government is to
accelerate access to power supply by a rate of 20% for the rural
population by 2010 and by
40% in 2020.
This report gives the socio-economic characteristics and
analysis of findings from data
gathered through a socio-economic field survey. The report
discusses both the socio-
economic impact and benefits of the project to communities and
gives information regarding
resettlement.
1.2 OBJECTIVE OF THE PROJECT
The main objective of this RAP is to provide guidelines to
stakeholders participating in the mitigation of adverse social
impacts of the project, including rehabilitation/ resettlement
operations in order to ensure that the PAPs will not be
impoverished by the adverse social
impacts of the project.
Other objectives of RAP are to
• Enumerate the affected households;
• Identify any vulnerable Project Affected Persons (PAPs); •
Conduct inventory of all assets to be taken; • Valuate those assets
at full replacement value and determine any supplementary
payments e.g. unit price lists and itemized breakdowns of
compensation offers and participation;
• Institute valuation negotiations and devise grievance
procedure mechanisms; • Include institutional arrangements with the
Kenyan law if any • Internalize monitoring arrangements; • Draw a
timeline for the RAP; and • Prepare a Budget for all
activities.
1.3 GUIDING PRINCIPLES
In order to ensure that the RAP complies with international best
practice as regards
resettlement, the principle implementing agent, Kenya Power
& Lighting Co. Limited shall
bind itself to the following guiding principles:
Principle 1: Resettlement must be avoided or minimized
Action: To comply with the principle, KPLC has demonstrated that
the proposed resettlement
is both necessary and viable, and that its scope and extent
cannot be lessened. KPLC has
shown that they have designed the line routes so as to cause the
least possible displacement
and/or disruption.
Principle 2: Genuine consultation must take place
Action: Given its focus on resettlement, the primary concern is
to take seriously the rights and interests of the PAPs. For this to
take place, their voices need to be made clear, via the
formation of local level consultative forum. These structures
have been co-ordinated at the community level by the KPLC
personnel.
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Principle 3: Establishment of a pre-resettlement baseline
data
Action: To support the successful reestablishment of affected
property, the following
activities will be undertaken prior to displacement.
• An inventory of landholdings and immovable/non-retrievable
improvements (buildings and
structures) to determine fair and reasonable levels of
compensation or mitigation. • A census detailing household
composition and demography, and other relevant socio-
economic characteristics. The asset inventories will be used to
determine and negotiate entitlements, while the census
information is required to monitor homestead reestablishment.
The information obtained from the inventories and census will be
entered into a database to facilitate resettlement
planning, implementation and monitoring.
Principle 4: Assistance in relocation must be made available
Action: KPLC will guarantee the provision of any necessary
compensation for people whose
fields will be disturbed to make way for the transmission lines,
or any other disturbances of productive land associated with the
project in proportion to their loss.
Principle 5: A fair and equitable set of compensation options
must be negotiated
Action: Compensation will be paid for structures, land and trees
that are disturbed according to set rates derived from market value
comparables.
Principle 6: Resettlement must take place as a development that
ensures that PAPs benefit
Action: Where practical the employment and sub-contracting
opportunities that arise from the
project will be made available to the affected population.
Principle 7: Vulnerable social groups must be specifically
catered for
Action: Members of vulnerable groups are often not able to make
their voice heard
effectively, and account will be taken of this in the
consultation and planning processes, as well as in establishing
grievance procedures. They are often physically weaker, and may
need
special help in the relocation/disturbance phase. In particular,
female-headed households may lose out to more powerful households
when assets will be demolished to make way for the
transmission line. This will entail KPLC ensuring that the
pre-resettlement database specifically identifies vulnerable social
groups and makes provision for them to be included
in consultative forum. KPLC must further ensure that they are
given the necessary protection to ensure that they receive
equitable access to replacement resources. In addition, KPLC
will
make specific reference to vulnerable social groups being paid
particular attention in the
monitoring process. Vulnerable groups will include those with
minimal assets, the illiterate,
and the aged (those PAPs of more than 65 years).
Principle 8: Resettlement must be seen as an upfront project
cost
Action: Experience across the world shows that unless
resettlement is built in as an upfront
project cost, it tends to be under budgeted, that money gets
whittled away from the
resettlement budget to ‘more pressing’ project needs, and that
it tends to be seen as peripheral to the overall project. KPLC will
ensure that compensation costs, as well as those
resettlement costs that fall within their scope of commitment,
are built into the overall project budget as up-front costs.
Principle 9: An independent monitoring and grievance procedure
must be in place
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Action: In addition to internal monitoring that will be provided
by KPLC an independent
Team comprising local administration and the locals will
undertake monitoring of the resettlement aspect of the project.
Grievance procedures will be organised in such a way that
they are accessible to all affected parties, with particular
concern for the situation of vulnerable groupings. Monitoring will
specifically take place via measurement against the
pre-resettlement database.
Principle 10: World Bank’s operational procedure on forced
resettlement
Action: the World Bank’s operational policy 4.12 on involuntary
resettlement will be adhered
to. It requires that involuntary resettlement be avoided where
feasible, or minimized, exploring all viable alternative project
designs. Where it is not feasible to avoid resettlement,
resettlement activities should be conceived and executed as
sustainable development programs, providing sufficient investment
resources to enable the persons displaced by the
project to share in project benefits. Displaced persons should
be meaningfully consulted and
should have opportunities to participate in planning and
implementing resettlement programs.
They should also be assisted in their efforts to improve their
livelihoods and standards of
living or at least to restore them, in real terms, to
pre-displacement levels or to levels
prevailing prior to the beginning of the project implementation,
whichever is higher. KPLC
shall adhere to their standards.
1.4 APPROACH AND METHODOLOGY
The study was undertaken by collecting of primary and secondary
socio-economic data,
through public forums with the assistance of local
administration; focus group discussions
and literature materials. The consultants aimed to cover 100% of
the Project Affected Persons
(PAP) but was challenged as the exact route of the line had not
been surveyed. The
methodology and approach adopted in preparing this RAP is
consistent with the Land
Acquisition Act (1995), The Land Act, the Wayleave Act, the
World Bank Safe-Guard Policy 4.12.
In collection of primary data, the consultants used both
qualitative and quantitative methods of obtain the data. In the
qualitative assessment public forums and interview schedules
were
used to gather information and to assess the experiences and
perceptions of the PAPs regarding the project. Wide participation
was ensured by involving special interest groups
ranging from youth, elderly men and women to the meetings. A
number of consultative meetings were held with the PAPs though the
idea was new to a
majority of them. The discussions covered issues such as search
of alternative project routes
and lands and the participation of the community in Resettlement
Steering Committee since
they are the ones to approve the RAP activities and also
supervise its implementation in the
future. The community wanted the exact project area identified
and wanted to discuss key
issues with the Proponent (KPLC) especially regarding
compensation of eligible persons,
arrangements for relocation, and announcement of project
implementation date and the cut-
off date among other issues.
The primary data enable establish the approximate number of PAP
including the number of
households affected, loss of assets (houses, kiosks), community
infrastructure e.g. churches,
crop farmland and fruit trees. In additional the survey aimed to
estimate compensation due,
based on the replacement cost. The RAP process was highly
consultative in order to improve
ownership by the stakeholders.
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The survey for the Eldoret-Kitale transmission line targeted a
total of 246 consisting of 226
households, 5 Institutions three being schools and two churches
and 15 commercials. The survey covered 18 locations located in the
different districts that the line has traversed as
depicted in the graph below.
Graph 1.1: Percentage distribution of respondents in the
different project locations
The survey indicated that, most commercial activities are
conducted in four divisions namely Soy 33.3%, Turbo 13.3%, Kapsaret
20% and Moi’s bridge 20% and three locations namely
and Kamagut 33.3%, Soy 13.3% and Pioneer 20%. The commercial
distributions in the villages are as depicted in the graph
below.
Graph 1.2: Percentage distribution of commercial centres in
villages
The socio-economic survey conducted identified several social
impacts arising from the
development of the proposed line. These impacts are the
displacement of over 300 households in settlement and farming
blocks, transfer of stress to vulnerable groups who
include the elderly (55-77years old) and female headed
households, loss of trees, loss of rental revenue, loss of communal
facilities (churches and hand dug wells), loss of
undeveloped residential and commercial plots and the spread of
HIV/AIDS. On the positive side, the affected community will benefit
from employment opportunities that
will be created by the project, receive electricity supply
through the rural electrification programme and increase economic
activities through the use of electricity.
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In the qualitative assessment, a survey was undertaken using
questionnaires aiming to reach
100% of the PAP’s. For the assessment three types of
questionnaires were developed for different strata, namely,
Institutions, commercial and household.
The consultation process adopted in the RAP was aimed at
ensuring the affected persons were provided with a platform for a
free, prior and informed participation. This was done to
ensure their concerns and expectations have been incorporated
into the Client’s decision-making process by focusing on matters
that affect them directly, such as the proposed
mitigation measures for the identified social impacts.
Secondary data collection involved review of existing literature
on socio-economic status of
the project area including data on property valuation in the
country.
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2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK
There are several statutes that handle the issue of land,
development of electric infrastructure and valuation of assets for
the purpose of compensation. Those that deal directly with land
are:
• Government Lands Act Cap 280 • Land Titles Act Cap 282 •
Registration of Titles Act Cap 281 • Land (Group Representatives)
Act Cap 287 • Trust Land Act Cap 291 • Registered Land Act Cap 300
• Land control Act Cap 302 • The Physical Planning Act Cap 286 •
Agriculture Act Cap 318 • The valuation practice in Kenya is
governed by the Valuers Act Cap 532 • Valuation for rating is
governed by the Rating Act Cap 267 • Land Acquisition Act Cap 295
governs valuations for compulsory acquisition purposes. •
Development of electric infrastructure is governed by the Energy
Act, 2006 • Environmental Management Co-Ordination Act, 1999
addresses environmental issues
related to land.
2.1 LAND RELATED LEGAL ISSUES
Interests in land broadly fall into two groups. Rights that are
held through traditional African
systems and rights that derive from the English system
introduced and maintained through laws enacted first by
colonialists and later by the Independent Kenya governments.
The
former is loosely known as customary tenure bound through
traditional rules (customary
law). The latter body of law is referred to as statutory tenure,
secured and expressed through
national law, in various Acts of Parliament.
2.1.1 Customary Land Tenure:
This refers to unwritten land ownership practices by certain
communities under customary
law. Such tenure still exists in large parts of the country
where land has not been adjusted and
registered. Its management falls within Trust Land Act, Cap
291.
2.1.2 Public Tenure:
This is land owned by the Government for own purpose and which
includes unutilized or delineated 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
Government Lands Act Cap 280.
2.1.3 Statutory Tenures
These are categorized in two forms:
• 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
Registered Land Act (RLA) Cap 300 of the Laws of Kenya governs
freehold land.
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• 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
to certain conditions, which must be observed e.g. relating to
developments and usage.
2.1.4 Other Interests include:
• Reservations of other government or trust land to government
ministries, departments or Parastatals for their use.
• Non-formalised defacto tenure by which people, individually or
in groups invade and occupy other peoples government land
particularly in the major urban centres.
• Minor interest such as easements, way-leaves and temporary
occupation licences
2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL PLANNING ACT
(CAP 286)
The act state that while giving due considerations to the rights
and obligations of landowners,
there shall be compensation whenever a materials site, diversion
or realignment results into
relocation of settlement or any change of user whatsoever of
privately owned land parcels;
2.3 WAY LEAVES ACT (CAP. 292)
Way Leaves Act (Cap. 292) Section 3 of the Act states that the
Government may carry any
works through, over or under any land whatsoever provided it
shall not interfere with any
existing building or structures of an ongoing activity. Notice,
however, will be given one
month before carrying out any such works (section 4) with full
description of the intended
works and targeted place for inspection. Any damages caused by
the works would then be
compensated to the owner as per section. Finally section 8
states that any person without
consent causes any building to be newly erected on a way leave,
or cause hindrance along the way leave shall be guilty of an
offence and any alternations will be done at his/her costs
2.4 THE LAND ACQUISITION ACT (CAP. 295)
This Act provides for the compulsory or otherwise acquisition of
land from private ownership
for the benefit of the general public. Section 3 states that
when the Minister is satisfied on the need for acquisition. Notice
will be issued through the Kenya Gazette and copies delivered
to
all the persons affected. Full compensation for any damage
resulting from the entry onto land to things such as survey upon
necessary authorization will be undertaken in accordance with
section 5 of the Act. Likewise where land is acquired
compulsorily, full compensation shall
be paid promptly to all persons affected in accordance to
sections 8 and 10 along the
following parameters;
• Area of land acquired, • Property value in the opinion of the
Commissioner of land (after valuation) • Amount of the compensation
payable, • Market value of the property. • Damages sustained from
the severance of the land parcel from the land • Damages to other
property in the process of acquiring the said land parcel. •
Consequences of changing residence or place of business by the land
owners, • Damages from diminution of profits of the land
acquired
Part II of the Act allows for the temporary acquisition of land
for utilization in promotion of
the public good for periods not exceeding 5 years. At the expiry
of the period, the
Commissioner of Land shall vacate the land and undertake to
restore the land to the
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conditions it was before. Any damages or reduction of value
shall be compensated to the land
owners
2.5 REGISTRATION OF TITLES ACT CHAPTER 281
The Registration of Titles Act is an act of Parliament that
provides for the transfer of land by registration of titles. When
the Commissioner of land issues a letter of allotment to any
person in respect of any land, one of the laws under which the
title to that land is issued is the Registration of Titles Act. A
freehold title issued under this act confers absolute control
upon
individuals or other legal entities upon a given parcel of land.
It also confers upon them
power to determine the use to which such land can be put. A
leasehold title contains
conditions such as the term of the lease, commencement date
thereof, the user of the land etc.
Private ownership of land is embodied in this Act.
2.6 THE TRUST LAND ACT, CHAPTER 288
The constitution vests all land which is not registered under
any act of parliament under the
ownership of local authorities as trust land. Section 117 of the
Constitution of Kenya
provides that the Trust Lands Act may empower a county council
to set apart an area of trust
land vested in that county council for use and occupation by a
public body or authority for
public purposes, or by any person for a purpose likely to
benefit the persons
2.7 VALUATION AND RELATED LEGAL ISSUES
The valuation practice in Kenya is governed by the Valuers Act
Cap 532, which provides for
a Valuers Registration Board that regulates the activities and
conduct of registered valuers. Valuers in Kenya are registered upon
application to the Board and are required to be full
members of the Institution of Surveyors of Kenya (ISK). The Act
governs the formation and composition of valuation practices
including the qualification of partners and directors in
charge of valuation. The Board also deals with discipline and
complaints in respect to valuation practice. Other statutes that
govern valuation are the Government Lands Act Cap
280 that regulates the valuation for land rent while valuation
for rating is governed by the Rating Act Cap 267. Land Acquisition
Act Cap 295 governs valuations for compulsory
acquisition purposes.
2.8 VALUATION PROCESS RELEVANT TO RAP
Table 2.1 outlines valuation process that complies with the Laws
of Kenya and the World
Bank guidelines.
Table 2.1: Valuation Process Relevant to RAP
Asset Process
Land with
Structures
Steps:
a. A detailed inventory of all persons, possessions, assets and
stock requiring
resettlement will be made.
b. Accurate and real valuation of dwelling will be
undertaken.
c. Determination of compensation packages according to
valuations will be carried out.
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d. Allow a reasonable time period prior to moving, for salvage
of building materials. PAP’s may salvage any material without this
being deducted from compensation
entitlements.
e. Provide temporary housing/shelter if necessary.
Recommendations:
a. The stretch of land with structures is?
b. KPLC will pay compensation for the lost housing
structures.
c. KPLC will provide transport for the occupants and their
belongings to their new
place of residence.
d. The owner will be entitled to remove any materials he or she
wishes to salvage
within one month of vacating the old dwelling.
e. KPLC will provide transport for these materials, other than
masonry, to the new
residential site.
Land without structures
a. Inventory: As part of the RAP phase the KPLC hopes to acquire
names and contact details of all persons affected by the
project.
b. Compensation: The RAP data sheet spells out how each person
is affected and
indicates how much compensation will be paid for crops and trees
lost.
c. Payment: The line passes along an area ranging from 390 Ha.
(975 Acres) to 420
Ha. (1050 acres) of privately owned land.. KPLC is therefore
compelled by law to
compensate the PAPs on Land.
Lost business
profits and
employee
earnings
a. Where business profits may be affected compensation will be
paid according to
Valuation & Audited results of the enterprises monthly
income.
Crops/Trees on
the fields
cultivated by
those affected.
a. Tree/seasonal crops: Harvesting of the crops will be given a
first priority but where
harvesting is not possible, counting of the affected crops will
be done by a registered
valuer and KPLC agent in the presence of the owner. Computation
of the costs will be
done according to market rates1
b. Annual crops: Crops will be harvested by the owner and
therefore no compensation
will be paid for crops. In instances where crops are not able to
be harvested, KPLC will
pay compensation at the market rates.
Notes
• KPLC already has very competitive rates that would be
presented to the PAPs for ratification.
• All payments shall be made before demolition commences
2.9 CUT-OFF DATE
The cut-off date for determining the beneficiaries of the
resettlement plan will be one month
after the last date of determining the number of PAP’s for
purposes of contradictory
grievance procedure to finalize the number of PAP’s.
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2.10 COMPENSATION OF THE PAPS
Compensation to PAPs shall be made before demolition commences.
This will be done at either the KPLC offices or at the local
chief’s office, whichever will be appropriate after
approval. After compensation, a minimum of one month notice
shall be given to the affected people before the demolition
exercise commences, so as to allow relocation and salvage of
necessary asset by the PAPs. Renters shall likewise be given at
least one month notice before actual demolition to give them ample
time to relocate. The sites shall be handed over to
KPLC once all the PAPs have been fully compensated.
2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES
The practice of domestic and international arbitration in Kenya
is conducted within the
framework of the 1995 Arbitration Act and is interpreted as:
“any arbitration whether or not
administered by a permanent arbitral institution”. The Act
follows the UNCITRAL model
almost word for word but with a number of glaring omissions:
notably no provision for costs
and interest, nor any provision for appeal in international
arbitrations. These omissions are
dealt with by the Rules of an active local branch of the
London-based Chartered Institute of
Arbitrators, being an amalgam of Rules established by leading
international arbitral
institutions and providers such as the London Court of
Arbitration, the ICCA and Chartered
Institute of Arbitrators or NEMA, Department of
Arbitration..
In addition to ratifying the UNCITRAL Model Law, Kenya has also
ratified the New York
Convention, the WTO and WIPO Treaties relating to arbitration.
The Kenyan branch of the Chartered Institute of Arbitrators,
founded in 1984, is recognized as the professional body for
the annual training and examination of those seeking to qualify
as arbitrators; it also acts as the appointing body where
stipulated in contract.
Kenya's Dispute Resolution Centre (DRC) is an independent,
not-for-profit organization that promotes the prompt, effective and
economic resolution of disputes through arbitration,
predominantly mediation, expert determination and early neutral
evaluation. This is a resource that could be called upon by the
stakeholders to arbitrate. They would be of
particular use should disputes around the compensation and
resettlement process arise.
In addition, there are a series of customary avenues that have
been set up to deal with dispute
resolution and they will be employed as the “court of first
appeal”, where relevant.
2.12 GRIEVANCES ADDRESS MECHANISMS
Grievance redress mechanisms are essential tools for allowing
affected people to voice
concerns about the resettlement and compensation process as they
arise and, if necessary, for
corrective action to be taken expeditiously. Such mechanisms are
fundamental to achieving
transparency in the resettlement process.
Disputes will be referred to KPLC and then if necessary, the
project affected people (PAP)
committees who will be asked to provide recommendations as to
how it is to be addressed. If
deemed necessary by the PAP committee the case will be
re-investigated and, depending on
the nature of the issue, referred to the National Environmental
Tribunal or Public Complaints
Grievances will be dealt with as represented in Fig. 2.1.
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Legal Action
Grievances Ressolved
Grievances Ressolved
KPLC hears grievances and rules.
PAP committees has 2 weeks from
submission to respond
Affected Party
declares a grievance
Land Compensation Tribunal,
Public compliant Committee,
Resettlement steering committee
etc.
No Further Action
No Further Action
Figure 2.1: Grievance Redress Procedure
Information about all dispute and grievance procedures is to be
widely disseminated, through
consultative fora, and the media.
The PAPs committee secretary or nominated agent (in the absence
of the secretary) will keep
a written record of all disputes/grievances raised and dealt
with during the resettlement and
compensation process. These records will be monitored regularly
by the PAPs Committee
and by the independent Monitoring Team. This will be undertaken
as part of the on-going
monitoring and evaluation process. Public grievance form is
attached in Appendix 1.
2.13 WORLD BANK POLICY 4.12
The main objectives of the World Bank Policy 4.12 include:-
• Avoiding or minimizing involuntary resettlement where
feasible, exploring all viable alternative project design; Where it
is not feasible to avoid resettlement, resettlement activities
should be conceived and executed as sustainable development
programs,
providing sufficient investment resources to give the persons
displaced by the project the opportunity to share in project
benefits.
• Displaced persons should be meaningfully consulted and have
opportunities to participate in planning and implementing
resettlement programs.
• That displaced persons should be assisted in their efforts to
improve their livelihoods and standards of living or at least to
restore them, in real terms, to pre-displacement
levels or to levels prevailing prior to beginning of project
implementation, whichever is higher. Specifically, the production
systems of a community are safeguarded to the
extent that guarantees their livelihoods and that their skills
base remain relevant regardless of the resettlement site. The
policy objectives are also designed to minimize
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kinship group dislocation that might subject the affected
persons to unfair competition
when mutual help is diminished or lost.
2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA
In Kenya expropriation is provided for in the Constitution under
section 75 for private land and sections 117 and 118 for
unregistered Trust Land. But the constitution only gives
general
guidelines. The detailed procedures for acquisition are
elaborated under the “Land acquisition Act ” in chapter 295 for
private land and chapter 288 for unregistered Trust Lands. The
title
to Trust Lands is vested in the County Council in trust for its
inhabitants, hence the term
“Trust”
2.14.1 Procedures of Private Land Acquisition under
This process is governed by the Land Acquisition Act Chapter
295. The Act requires that
benefiting Authority to make a formal request submitted to the
“Commissioner of Lands”.
The Commissioner will then forward the application to the
Minister in charge of lands. If the
minister is convinced that the land is required for public
purpose, he writes to the
commissioner to that effect, and directs him to acquire the land
(Section 6(1)). The Commissioner will then give “Notice of
Intention” to acquire the land (section 6(2)) in the
“Kenya Gazette” side by side with the “Notice of Inquiry”.
The “Notice of Intention” must mention the public body or the
public purpose for which the land is to be acquired. The “Notice of
Inquiry” mentions places and fixed dates when
persons interested in the subject land are to submit their
claims to the Commissioner of Lands or his appointee (a “Valuation
Officer” also known as “Collector of compensation”)
according to Section 9. Meanwhile the Collector of Compensation
is supposed to inspect the
said land and value it for compensation. After the inquiry the
Collector will issue and award
depending on his own assessment and the representations of
interested parties as submitted at
the inquiry (Section 10 and 11).
The award is issued in a prescribed form, together with a
statement form. The former
indicates the amount of compensation awarded while the latter
gives the landowners option
of acceptance or rejection of the award. If the landowner
accepts the award, the collector will
issue a cheque in settlement together with a formal “Notice of
Taking Possession and
Vesting” (section 19). The notice instructs the landowner to
take his title for amendment or
cancellation. It is copied to the Government surveyor and the
land registrar to make
necessary changes to the affected deed. On the other hand if the
owner rejects the award, the
collector deposits the money in court pending the former’s
appeal. Compensation is based on open market value.
2.14.2 Procedures of TrustLand Acquisition
The procedure of setting apart land requires that, the President
writes to the local authority in
charge of the said Trust Land informing the Council that the
land is required for public
purpose by a public body. The Council is supposed to deliberate
the matter at a full council
meeting and give consent. The “District Commissioner” in charge
of the affected area will
then proceed to ascertain interests, determine areas and assess
compensation for the land after
which he is to issue an award. In case of acquisition at the
instance of the County Council
itself, the whole process is repeated except that this time the
President is not involved in
giving directions, the process starts off with a full council
meeting.
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2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON
RESETTLEMENT
There are similarities between key precepts of the World Bank
Policy 4.12 and Kenyan
legislation. The legislation recognizes the imperative need to
offer compensation to those whose land is affected by government
activities, such as compulsory acquisition where such
land is envisaged to be used for the public good. Despite that,
the current Kenyan legislation is silent on resettlement. The scope
of coverage of Kenyan legislation and the World Bank
Policy 4.12 differs as well.
Whereas both recognize customary tenure as equivalent to legal
title, the World Bank Policy
4.12 extends beyond this principle and recognizes informal
occupancy as a form of
customary tenure so long as such informal occupancy can be
established prior to the project
cut-off date. Therefore, in accordance with the legal agreement
of the credit for the
development of the project, the preparation of this RAP has been
executed in line with the
policies and guidelines as set out in the World Bank Policy
4.12.
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3 LAND VALUATION AND COMPENSATION ESTIMATES
The resettlement compensation cost for the project includes land
compensation, house compensation, crops and trees compensation,
resettlement transportation allowance, training
of the PAPs in income generating activities and developing their
capacity to maintain
reasonable standards of hygiene in the resettlement sites.
3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE
Based on the results of the socio-economic study and valuation
of assets conducted in October 2009, it was noted that the project
area is of mixed land use namely agricultural,
residential, industrial & commercial use. The valuation
report provides an overview in reference to location of sites,
tenure details, approximate area, construction details, and
general.
3.2 METHODOLOGY
The methodology adopted for valuation of these properties for
acquisition purposes are
substitution, anticipation and replacement.
3.3 VALUATION INFORMATION
Information and data used was obtained from the following
sources
� Uasin Gishu and Tranzoia Districts Land Registries
� Eldoret and Kitale Survey Office
� Site inspection.
3.4 PROJECT AREA
The way – leave starts at KPLC substation next to Rivatex
(Eldoret ) in Eldoret Municipality
through Kipkarren, Pioneer, Kapsereti, Western view farmers
village, Kipkenyo, Sosiani, Kaptinga, Chemelal , Lesseru villages,
kamagut , Emgwen, Kenya Ordianance Factories,
Barracks, Sheiwe, Lawiyet, Soy, Msalaba Yellow, Ziwa, Nangili,
Kongoni, Lukuyani, Mukunga, Matunda, MoisBridge, Sokomoko, Sonoko,
Kebuluet, Kapkoi, Waitaluk, Potwa,
and Central.
Alternative route has areas where the way leave could divert at
Mois Bridge (from the main lines at Moi Bridge into Ex – culten,
Kaptien, Potwa, Kablamai, Wekhoya/Toro farm,
BikekeWaitaluk Naisambe, Kibomet, to the substation in Kibomet
in the outskirts of Kitale
town.
The way – leave runs across two provinces that is Rift Valley (
Wareng, Eldoret west, /
Eldoret North, Uasin Gishu, Trans Nzoia West and East) and
Western ( Lugari)
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3.5 LAND TENURE
Plots within the urban centers of Eldoret and Kitale are mostly
under LEASEHOLD INTEREST for a term of 99 yrs at revisable ground
rents.
Agricultural properties, outside these two major urban towns,
and plots in small trading centres like Longisa, Soy, Nangili, are
mostly under FREEHOLD INTEREST in absolute
proprietorship as per the Registered Lands Act Chapter 300 of
the Laws of Kenya.
3.6 REGISTERED OWNERS
Details of the registered owner could not be obtained as the
definite route taken has not been
surveyed to ascertain beyond reasonable doubt the particular
route to be taken so as to
confirm the registered owners,
3.7 AREA
Depending on the locality and route, averagely the way leave is
to cover a distance of
between 65 kilometres – 70 kilometres in length and 60 metres in
width all along. This
translates to areas ranging from 390 Ha. ( 975 Acres) to 420 Ha.
(1050 acres)
3.8 LAND USE
Most of the properties falling within the way – leave route are
under agricultural and institutional user (like schools, Kenya
ordinance , Barracks) and a few commercial properties
within the small urban centres. They can be classified as
follows;
(1) Commercial user- in urban centres (2) Industrial user – like
Kenya Ordinance Factories
(3) Residential user – in urban centres (4) Agricultural user –
in rural areas
3.9 TOPOGRAPHY/PLOT
Most of the land situated along the route are gently sloping,
dark loam soils and in high
density rainfall areas.
3.10 IMPROVEMENTS
At the time of our inspection most properties were not developed
with any structural
developments ( along the way-leave route), and except for those
along the Eldoret – Kitale
road and in small trading centres like Longisa where the way –
leave could pass through
residential structures and Commercial single – storey
buildings.
The constructions details and accommodation layout of these
buildings are to be provided
upon the confirmation of the specific route taken, upon which
the real improvements values
will be assessed as per the building materials used, finishes
and location in relation to open
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market value, route plan costing and addition for inconvenience
and disturbance caused to the
registered owner.
3.11 SURVEY PLANS
Registry index maps used include those of Uasin Gishu Tranzoia
and Lugari. Plan Index
Diagram and Topographical maps also aided in identifying the
location of properties. Upon confirmation of the specific route,
then individual parcel numbers will be given in
relation to the registration index sheet numbers.
3.12 GENERAL REMARKS
• In our valuation we have zoned areas / locations with general
average prices together while considering the distance.
• The title deeds and lease certificates legality needs to be
confirmed by doing searches at the lands offices in Eldoret, Kitale
and Kakamega to get their true position in regard to
registered owners details, size and parcel numbers.
• The survey plans and mutation ( if any) needs to be confirmed
from the survey offices in Kitale Eldoret and Kakamega to show if
any route plan is in conformity with the index
maps on the ground.
• Tenure ship also needs to be confirmed so as to know the type
of property rights that is being compensated.
• Average property sizes in relation to the way – leave needs to
be known as some cases may involve acquiring the whole plot, as the
remaining part may be insignificant to the owner hence
necessitating full acquisition of the whole parcel.
• The effects of the way – leave on land use patterns,
improvements and tenancy and its impact on property values could be
derived during the detailed inspection of the
ascertained route.
• The compensation has to include a fifteen (15) percent
addition for inconvenience and disturbance caused to the registered
owners.
To avoid too much inconvenience and delays, areas like Longisa
next to Kenya Ordinance Factories and Barracks, the route should be
changed and taken to the Ordinance Factories
Moi Barracks side of the road as these areas have no structural
developments, and no private population on it hence cutting down on
costs. In small urban areas & agricultural lands the
route plan should avoid as much as possible to cut through
commercial buildings and residential homesteads as these will help
cut costs and not strain relations.
Upon acquisition the neighboring plot owners may be allowed to
use that is only farm the way – leave (no structures) but at their
own risk as the property shall no longer be within their
legal domain.
Table 3.1 Estimated Value of Property in Project Area
AREA IN ZONES ACRAGE ACQUISITION VALUE
(PLUS 15 % INCONVINIENCE) (KSH)
KPLC – SUBSTATION ,WAREN’G
6 HA. OR 15 ACRES 40,000,000/=
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KIPKAREN, PIONEER 60 HA. OR 150 ACRES 70,000, 000/=
KIPKENYO,
KAPSEERETI
60 HA. OR 150 ACRES 55,000,000/=
SOSIANI,
KAPTINGA,
LESSURE,
KAMAGUT,
EMEGWEN,
SHEIWE,
MSALABA YELOW\SOY
120 HA. OR 300 ACRES
125,000,000/=
NANGILI, KONGONI,
LUKUYANI,
MUKUNGA,
MATUNDA,
MOI’S BRIDGE,
SOKOMOKO,
KEBULUET,
SISAL AREA
90 HA. OR 225 ACRES
80,000,000/=
WEKHOYA,
POTWA,
BIKEKE,
NAITALUK
36 HA. OR 90 ACRES 35,000,000/=
KITALE
MUNICIPLATY
18 HA OR 45 ACRES 55,000,000/=
NAISAMBU
KIBOMET
30 HA OR 75 ACRES 40,000,000/=
TOTAL = 420 HA. OR 1050 ACRE
= Ksh. 500,000,000/= (Kenya Shillings Five Hundred Million
Only)
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4 FRAMEWORK FOR RAP-PROCEDURES
The impacts due to involuntary resettlement from development
projects, if left unmitigated, often gives rise to severe economic,
social and environmental deprivation. These may result
in production systems being dismantled, people facing
impoverishment when their productive
skills may be less applicable and the competition for resources
greater; community
institutions and social networks being weakened; kin groups
being dispersed; and cultural
identity, traditional authority, and the potential for mutual
help are diminished or lost. The
resettlement policy, in most cases, is not triggered because
people are not being affected by
physical displacement. It is triggered because the project
activity may cause land acquisition,
whereby a physical piece of land is needed and people may be
affected because they are
cultivating on that land, they may have buildings on the land,
they may use the land for water
and grazing of animals or they may otherwise access the land
economically, spiritually or any
other way which may not be possible during and after the project
is implemented. Therefore,
affected people in most cases have to be compensated for their
loss (of land, property or
access) either in kind or in cash. According to the Banks
experience, resettlement of
indigenous peoples with traditional land-based modes of
production is particularly complex and may have significant adverse
impacts on their identity and cultural survival. All viable
alternative project designs should be explored to avoid physical
displacement of these groups.
These activities likely to be triggered by the resettlement
are:
• Formation of Resettlement Steering Committee • Socio-economic
survey and Evaluation of Properties • Community Consultation
Programme • Confirmation of Resettlement Sites • Announcement of
cut-off date • Preparation of Resettlement layout and design maps
and Plot Demarcation • Construction of New Structures where
applicable • Movement of PAPs to New Site or provision of agreed
compensation • Internal Impact Monitoring • External Impact
Monitoring
Any project which includes the acquisition of land either of a
temporary or permanent nature
requires the development of a project-specific RAP or
Compensation Framework. The project-specific RAP must take
cognizance of the following:
• Requirements of the KPLC Resettlement Policy Framework. •
Requirements of the laws of Kenya Development of a project-specific
community
engagement strategy
• Posting a project Eligibility Notice both in the local media
and at appropriate locations within the footprint of the
project.
• Identify the nature and magnitude of the land acquisition
needed in terms of permanent and temporary requirements for the
project.
• Have a clear definition of the PAP by socio-economic and
gender category; household or family; the cut-off dates for
eligibility for compensation; the assets to be compensated at
replacement cost.
• Develop an implementation mechanism for the delivery of the
entitlement compensation package, as well as to meet the objective
of the RAP.
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• Undertake a detailed socio-economic survey in order to
identify entitlement, key issues faced in terms of land acquisition
and compensation; and options and strategies for
minimising impacts on current land use activities or cultural
heritage.
• Provide specific rates for compensation of loss of assets at
fair market and equitable value and the methodology of how these
values are derived.
• Set out the land acquisition and compensation processes,
options available, eligibility and entitlement and consultation and
grievance referral and redress mechanisms
(GRRM).
4.1 RESOURCES
A team will be set up to oversee all the activities of the RAP.
The size of the team, its
formation, its functions and terms of reference will depend upon
the extent of the land
acquisition and numbers of PAPs.
4.2 COMMUNITY ENGAGEMENT REQUIREMENTS
The RAP team will develop a community engagement plan as a first
step towards informing the community about the project, its impacts
and entitlement framework. It should include a
description of the implementation mechanism to be set in place
for delivery of the entitlement packages. The plan shall accord
with the requirements of this Policy, good industry practices
and the IFC’s Performance Standards 1 and 5.
The community engagement plan shall be an ongoing process in
order to engage stakeholders in meaningful consultations about the
project and shall continue throughout during project
implementation all stages of the project. Their concerns and
aspirations should be fed back
into the development of the RAP.
The Principles are:
• All stakeholders must be consulted and be effectively involved
in a two-way communication with the project sponsors. Special
efforts will be made to consult with
women and vulnerable communities.
• The RAP will include an explicit public information strategy.
This will include the use of mass media, possibly through radio and
television, to advise the dates and times of
public meetings, availability of documents, selection criteria,
cut-off dates, and
compensation measures.
• The consultation should be preceded by providing all the
relevant and accurate information.
• Following disclosure of all relevant information, the client
should consult with and facilitate the informed participation of
affected persons and communities, including host
communities, in decision-making processes related to
resettlement. Consultation should continue during the
implementation, monitoring, and evaluation of compensation
payment and resettlement to achieve outcomes that are consistent
with the objectives of
this Framework.
• Supply of information and consultation with different
stakeholders should be through a language and medium they are
comfortable with.
• In certain cases, for example, the land acquisition process,
where the information is not easily understood by the people, KPLC
shall take responsibility for simplifying and
ensuring that the whole process is understood by the project
affected persons, using appropriate methods of communication.
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• There shall be a specific and transparent mechanism for the
recording of grievances and their timely resolution. The Company
will make every effort to resolve grievances at the
community level without impeding access to any judicial or
administrative remedies that
may be available.
• Where affected population do not have land titles, cadastral
surveys may have to be carried out to establish the basis for
compensation and procedures will be established to
regularize and recognize claims to land, including claims that
derive from customary law
and traditional usage.
• Clear communication of responsibility and accountability
procedures, personnel and resource availability for effective
implementation of plan shall be put in place.
• A schedule shall be prepared and disseminated in appropriate
places within the footprint of the project detailing the time,
place for consultation and contact details of the lead
person.
4.3 ELIGIBILITY NOTICE
A project eligibility notice will be posted both in the local
media and at appropriate locations
within the footprint of the project. In accordance with the
above good practices and the
community engagement plan a notice must be published informing
communities and PAPs of
the cut-off date for compensation eligibility.
4.4 IMPLEMENTATION MECHANISM
The RAP will require that an implementation mechanism be set in
place for the delivery of
the entitlement package, as well as to meet the objective of the
RAP. The strategy of
implementation includes the delineation of roles and
responsibilities of organizations/
institutions, as well community groups, the procedures to be
followed along with the support
facilities available and a timeframe for implementation of each
of the activities are :
� Community Engagement � Issuance of Eligibility Notice � Land
Survey � Asset Inventory � Census survey of the PAPs � Issuance of
Identity Cards � RAP Stakeholder Consultation � Alternative land
survey � Land Acquisition � Payment of Compensation � Land Purchase
� Moving assistance Land clearance � Rehabilitation and Income
Restoration � Community Development (if deemed appropriate or
necessary) � Monitoring and Evaluation
4.5 LEGAL AND LEGISLATIVE REQUIREMENTS
A summary of the legal framework, policies, principles and
objectives that govern the land
acquisition and compensation processes will be prepared and
disclosed to PAPs.
Where the information is not easily understood by the people,
the company shall take
responsibility for simplifying and ensuring that the
requirements and procedure is understood
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by the project affected persons, using appropriate methods of
communication.
4.6 LAND ACQUISITION
The RAP will provide both detailed and locational maps
identifying the nature and magnitude of land acquisition needs for
both permanent and temporary needs of the project.
The maps will detail the extent of the impact of land
acquisition on each individual project affected household (PAH) and
to the extent possible each PAPs asset/economic interest in the
land to be acquired.
In cases where the family members have informally divided and
cultivated their
ancestral land with no mutation legally recorded, the portion of
the land currently being
farmed or resided upon by the PAP will be allocated in
accordance with their mutation
arrangement and the disbursement of compensation will be pro
rata basis on a
acreage/percentage basis. However, the compensation option
entitlements will be calculated
on the overall size of the land parcel or PAH basis.
4.7 SOCIO-ECONOMIC SURVEY
The socio-economic survey should provide a summary of relevant
baseline information on
affected populations; identifying all categories of impacts and
people both directly and
indirectly which include those of a physical and economical
nature. The summary will
include an assessment of their relevant socio-economic
circumstances; identify key issues
faced in terms of land acquisition and compensation; whether or
not the PAH or PAP falls with the criteria for vulnerability and
options and strategies for minimising impacts on
current land use activities or cultural heritage. An electronic
database will be developed to store all socio-economic data
collected during the survey. Each PAH and PAP within the
parcels of land to be acquired for the project will be given a
unique identification number that will grant eligibility to
compensation and to the various compensations options that will
be
developed. A questionnaire will be developed for the household
survey and for the economic interest within each parcel of
land.
Photographs of PAPs and their assets will be taken to supplement
identification and enable
transparency with respect to material assets. The census survey
data will assisting preparing
the micro plans for each PAH/ PAP and will be used to monitor
the success of the RAP
process.
The survey should bring out as a minimum the following
details:
• Name and family details • Demographic information on social
classification, education and occupation of each
family member
• Skill base/ education level for each member • Total family
income (from all sources) • Details of land ownership and extent of
land loss due to the land acquisition/ negotiation.
(Actual land ownership, and not only in terms of land
records)
• Details of income loss due to loss of land (from agriculture,
plantation, labour and sharecropping).
• Details of any structure or asset on the impacted land •
Identification of vulnerability (women-headed household, family
with physically and
mentally challenged members, family with aged members, family
with income below
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poverty line and family losing more than the economic threshold
of their land through
acquisition/ negotiation) Socio-economic survey was conducted in
the project areas and the study findings provides a
summary of relevant baseline information on affected populations
and an over view of finding is provided in the table below.
Table 4.7: Demographic and socio-economic characteristics of the
respondents
Variable Characteristics Percentage
Gender Male 62.3
Female 37.7
Marital Status Married 90.4
Single 4
Divorced 0.6
Widowed 5
Age of household head 20 and below 1.7
21-30 years 20
31-40 years 25.1
41-50 years 19.4
51-60 years 19.4
61-70 years 11.4
Over 70 years 2.9
Total number of dependants 3 and below 8
4 to 7 47
8 to 11 29
12 to 15 15
Over 15 1
Occupation/ Employment of Farmer 39
the household head Government/public sector 19
Private sector 15
Casual labour 16
Self-Employed 11
Family Structure
Nuclear family
75
Extended family
14
Polygamous family 11
Income of the household head 5,000 and below 17
Kshs 5,001-10,000 22
Kshs 10,001-15,000 13
Kshs 15,001-20,000 17
Kshs 20,001-25,000 5
Kshs 25,001-30,000 6
Over Kshs 30,000 22
Education level for head Secondary 45
Primary but can not read 11
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Primary and able to read 33
No education 11
Source: data from the Field analysis
4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK:
Land acquisition, resettlement implementation and management is
usually a major issue in
the project implementation process and this call for the need of
appropriate institutional
framework for all concerned parties including the client. It
always important to ensure timely
establishment and effective functioning of appropriate
organizations mandated and is capable
to plan and implement land acquisition, compensation,
relocation, income & livelihood
restoration programs. The organizational structure or the
institutional capability should be
elaborates on the role of various stakeholders in the
implementation and administration of the
RAP. It further clarifies the role of PAPs and their
responsibility in the entire process.
4.8.1 Agencies responsible for the resettlement Activities:
An institutional framework is suggested for this project so that
successful implementation of
the project can be accomplished. However, there are a number of
institutions that will be
involved in the process of land acquisition compensation and
resettlement for the project.
These include:
i. Ministry of Environment and Mineral Resources. ii. The
Ministry of land.
iii. Kenya Power &Lighting Co. Ltd. iv. Eldoret-Kitale &
Mumias-Rangala-Kisumu Transmission line Project-Resettlement
team.
v. Respective village committees vi. Provincial
administration
vii. NGOs with legitimate interests viii. National Environmental
Management Authority (NEMA) officer
ix. Local councils Each of the institution will have a
collective role to play for the implementation of
Resettlement Action Plan to be successful.
Some of these agencies will have major roles to play in the
implementation process, and these
includes but not limited to:
(a) KPLC Resettlement Unit (KRU)
The structure of the unit shall composed of the following people
but not limited to
1. Legal Advisor 2. Surveyor 3. Transmission Engineer 4.
Socio-Economist 5. Way-leave Officer 6. Environmental Expert 7.
Community Liaison Officer 8. Database Officer 9. KPLC registered
valuer
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The KRU will be responsible for the following:
• Oversee the implementation of the RAP. • Oversee the formation
of PAP Committee (PC) • Ensure maximum participation of the
affected people in the planning of their own
resettlement and post resettlement circumstances.
• Accept financial responsibility for payment or compensation
and other designated resettlement related costs.
• Ensure detailed valuation of the structures in order to
determine the case to case value of each component of the project
and agree upon a value for compensation.
• Pay the affected people compensation to the amounts agreed. •
Ensure monitoring and evaluation of the PAPs and the undertaking of
appropriate
remedial action to deal with grievances and to ensure that
income restoration are
satisfactorily implemented.
• Ensure initial baseline data is collected for the purposes of
monitoring and evaluation report as per the indicators provided by
the RAP.
(b) PAP Committee (PC)
Under the guidance and coordination of KRU, the PC will be
formed two to three weeks after the formation of the KRU which will
act as a voice PAPs. The committee shall comprise of
the following: � National Environmental Management Authority
(NEMA) officer � Lawyer, Kenya Power &Lighting Co. Ltd. �
Valuer, Kenya Power &Lighting Co. Ltd. � Two Project affected
people Representatives – to be appointed by PAPs. � Local council
representative. � District Valuer or any Independent Valuer �
Surveyor � The local area chiefs � District Land Adjudication and
Settlement Officer � District Social Development Officer �
Provincial State Counsel
The PC shall have a Chairperson and a Secretary appointed or
elected by PAPs. The
chairperson ought to be from the local area.
The PC will be concerned with the following:
• Public Awareness: Includes extensive consultation with the
affected people so that they can air out their concerns, interests
and grievances. This consultation will ensure that
they own up the whole process of resettlement so that they do
not oppose the
implementation of the overall project.
• Compensation: Involves ratifying compensation rates and also
serves as dispute resolution body to negotiate and solve any
problem that may arise relating to
resettlement process. If it is unable to resolve any such
problems, will channel them
through the appropriate grievance procedures laid out in this
RAP.
• Monitoring and Evaluation (M&E): Involves developing the
monitoring and evaluation protocol for the whole process.
• Logistics: Involves exploring all mechanisms by which RAP can
be implemented
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• Employment, Training and Counseling: Involves employment
protocol in the project (if any) for those who cannot find
alternative employment. The committee will also counsel
the PAPs both socially and economically.
4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN
Following the collection of the baseline data, market surveys
for structures, land and crops a
resettlement action plan or compensation framework will be
developed providing options for eligible PAHs and PAPs taking
cognisance of the feedback from the various stakeholders.
Meetings will be set up to disclose the various resettlement and
compensations options available for all PAHs and PAPs. At the
meeting the resettlement, rehabilitation, assistance
and compensation options available will be discussed in broad
general terms and further
meetings will be arranged to discuss with individual PAHs and
PAPs the specific
resettlement, rehabilitation, assistance and compensation
options that are applicable to them.
The following process will form the basis of compensation as per
the KPLC, RPF but not limited as such:
� Land-base compensation will be the preferred option and will
be based on the principle of equal productivity and/or value.
Assistance with purchase and registry
will be provided and such land should be free from all
encumbrances. � Payment of cash compensation for lost assets may be
appropriate where: (i)
livelihoods are not land-based; (ii) livelihoods are land-based
but the land taken for the project is a small fraction of the
affected holding and the residual land is
economically viable; (iii) replacement land or housing of
comparable quality is not available locally; or (iv) active markets
for land, housing, and labor exist locally,
displaced persons use such markets, and there is sufficient
supply of land and
housing. Cash compensation levels will be sufficient to replace
the lost land and
other assets at full replacement cost in local markets. The
PAH/PAP (owner)
receiving the compensation should be persuaded to operate
through a joint account in
the name of both the entitled person and his or her spouse,
unless the person is
divorced or separated. The purpose for which the money could be
used will be
monitored by the monitoring team. The PAHs should be encouraged
to invest in
creation of capital, property, payment of debts, or enhancing
their livelihood. These
processes will be explained to the PAHs/PAPs in village level
consultations held
before the land acquisition process, and in accordance with the
schedule of
consultations outlined in the community engagement plan. � The
PAHs/ PAPs should be encouraged to purchase alternative land with
their
compensation (through the Land Purchase Assistance Programme
LPAP), so as to facilitate their income restoration and return to
their traditional activity of agriculture.
This assistance will be provided by the rehabilitation team.
This team will assist the families in identifying alternate lands
and will provide informa