REPUBLIC OF KENYA NATIONAL URBAN TRANSPORT IMPROVEMENT PROJECT (NUTRIP) IMPLEMENTING AGENCY KISUMU NORTHERN BYPASS RESETTLEMENT ACTION PLAN DRAFT REPORT April, 2012 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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REPUBLIC OF KENYA
NATIONAL URBAN TRANSPORT IMPROVEMENT PROJECT (NUTRIP)
IMPLEMENTING AGENCY
KISUMU NORTHERN BYPASS
RESETTLEMENT ACTION PLAN DRAFT REPORT
April, 2012
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Location Traversed by the Proposed Kisumu Northern Bypass
MAMBOLEO
OTONGLO
3
Executive Summary
The proposed Resettlement Action Plan is being prepared on instructions by Kenya National
Highways Authority (KeNHA) a statutory body that is responsible for the management,
development; rehabilitation and maintenance of approximately 14,000Km of class A, B and
C roads which is approximately 22 % of the total length of the entire country‘s classified road
Network. Class A roads are international trunk roads linking centers of international
importance and crossing international boundaries or terminating at international ports. Class
B roads are National trunk roads linking nationally important centers. Class C roads are
Primary roads linking provincially important centers to each other or two higher class roads.
As part of Kenya‘s National Urban Transport Improvement Programme involving several
urban areas including Nairobi, Kisumu, Eldoret and Meru; the proposed project is to improve
the transport network in Kisumu City. Thus KeNHA is planning to construct a brand new
Northern bypass road to link Mamboleo to Otonglo (approximately 9 km).
The proposed road will be a dual carriage and will lead to displacements and disruptions of
the economic activities within the project areas. Measures will be taken to mitigate the likely
negative effects. It is for this reason that KeNHA as part of the road project planning
commissioned the preparation of Resettlement Action Plan (RAP). The application of RAP is
expected to:
Ensure that people and enterprises affected by the project are compensated for any
loss of, or impact on property, assets and/or socio-economic displacement as a result
of the project in accordance with World Bank resettlement policy without prejudice to
the Kenyan government legislation; and
Provide affected people with the opportunities to restore or improve their living
standards and income earnings capacity to at least pre-project levels.
In the process of preparing the Resettlement Action Plan several aims of the plan are already
being met. These include:
Determining of the socio-economic effects of the proposed road expansions in order
to provide cost effective project alternatives;
Identification of all project affected persons (PAPs), establishment of their socio-
economic base, gender category; household or family; the cut-off dates for eligibility
for compensation; the assets to be compensated at replacement cost;
Provide a detailed socio-economic survey in order to identify entitlement, key issues
faced in terms of land acquisition and compensation, as well as options and strategies
for minimizing 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;
Establish the land acquisition and compensation processes, options available,
eligibility, entitlement, consultation, grievance referral and redress mechanisms;
4
Take into account the requirements of the applicable laws of Kenya as well as
requirements of the World Bank and the policies and procedures of KeNHA;
Provide a grievance redress mechanisms and Organizational framework for
implementing relocation and resettlement including identification of agencies
responsible for delivery of resettlement measure and provision of services;
Develop a Resettlement Action Plan through land and property evaluation to establish
an estimate for compensation; and
Establishment of a monitoring plan for the PAPS;
It needs to be appreciated that these objectives will be fully met at the end of the RAP
implementation. However, some of the issues are already emerging from discussions and
interviews with PAPs. As such solutions to the likely project problems are already being
explored by the PAPs, this promises to provide feasible solutions to the people and the road
project.
Preparation of Resettlement Action Plan – Approaches and Methods
We have used various approaches in the preparation of the Resettlement Action Plan. The
approaches have largely been participatory and ensured that there was facilitation of
triangulation of the results. This ensured that gaps in information are continuously filled as an
ongoing process. The various techniques included conversational interviews, community
workshops, administration of questionnaires, observations and measurements on the ground
to establish the physical sizes of assets, public consultation among others. The use of these
approaches has been useful in ensuring that project affected persons, provincial
administration and other community leaders provide relevant information and help in
identifying solutions. The preparation of a Resettlement Action Plan it needs to be
appreciated is a multidisciplinary task that requires the skills of various professionals and
therefore use of different methods and techniques.
Public Consultations
Public consultations were used as part of the methodology to mobilise the PAPs and other
stakeholders for the project. In this respect, they were held within the same period with PAPs
during the socio-economic survey in addition to public meetings. Key issues discussed during
the consultative meetings included:
Project impacts and proposed mitigation measures;
Cut-off date-its meaning and application in the RAP process;
Grievances handling and resolution process including how the PAP‘s and local
community will be engaged;
Eligibility and compensation;
PAPs and community engagement during RAP phase (development and
implementation); and
Cultural issues such as removal of graves from the road.
5
The PAPs and other stakeholders gave the assurance that they will cooperate to ensure
smooth implementation of the project. The full list of PAPs in attendance, consultative
minutes PAPs photos are contained in the Appendices.
In the end a number of PAPs were identified as follows:
Summary of Project Affects Persons and Assets for Mamboleo to Otonglo Road.
Item Description Disaggregation
1. Number of affected households on the 9 km Mamboleo
to Otonglo and headed by
Male: 174
Female: 87
Institutions 13
Unknown 21
Total 295
2. Affected Land Parcels in Hectares 99 Ha.
3. Number of households whose structures are affected: Male: 136
Female: 65
Learning Institutions 3
Unknown 13
Total: 217
4. Number and Types of Structures affected Permanent 150
Semi-Permanent: 242
Temporary: 165
Total 557
5. Number of Businesses Affected and owned by Male 43
Female 20
Total 63
Source: Field Survey, 2012
There were a total of 295 households affected as follows:-.
Item Total Number Disaggregation
a Households whose head was identified by name and
the size household established
130 Male 86
Female 41
Institutions 3
Total 130
b Household whose head was identified by name but
whose household size was not established
144 Male 88
Female 46
Institutions 10
Total 144
c Households whose head was not identified by name
nor household size established
21 Unknown
d The total number of households established in
individual parcels of land along the 9 km road
295
e Of the 130 Households in (a) plus the 144 household
heads in (b), the total number of PAPs established
1,441
Source: Field Survey, 2012
SUMMARY OF ENTITLELMENT MATRIX
6
CATEGORY OF PAHS (Mamboleo to Otonglo) NO OF
HOUSEHOLDS
AFFECTED
ENTITLEMENT
K.Shs.
Category I:
Structures
Owners
Ownership
established as
individual
Female
headed
households
65 175,660,220.00
Male headed 136 201,197,400.00
unknown 13 38,816,630.00
Ownership established as
institutions
3 70,357,200.00
Sub- Total of structure owners 217 593,529,780.00
Category II:
Land Owners
Ownership
established as
individual
Female
headed
households
87 68,407,200.00
Male
headed
household
174 201,197,400.00
unknown 21 118,148,200.00
Ownership established as
institutions
13 8,247,200.00
Sub- Total Cost For Land 295 396,000,000
Category III:
Trees Owners
Ownership
established as
individual
Female
headed
households
38 13,644,000.00
Male
headed
household
110 40,849,600.00
unknown 5 2,500,000.00
Ownership established as
institutions
6 4,508,400.00
Sub- Total Cost for trees 159 61,502,000.00
TOTAL ENTITLEMENT 991,091,980.00
7
Legal Framework and Approach
The RAP has been prepared in accordance with laws, regulations and guidelines for
Resettlement/Land Acquisition Policy Framework of the Government of Kenya and World
Bank Operational Policy (O.P 4.12). Where there are gaps between Kenya law and the World
Bank policy, the World Bank policy shall apply in this RAP.
The approach involved largely an understanding of the project background, the project area,
the preliminary designs and the implementation plan. In addition, baseline information on the
PAPs was obtained through physical investigation of the households and their surrounding
environment, public consultations with PAPs, baseline surveys, photography, and discussions
with the client/sponsor.
Dynamics of Project Affected Persons
Most of the people affected along the proposed road reserve are owners of permanent
developments including learning institutions, rental houses, guest houses, children‘s home,
general shops among others. There will be land acquisition for the whole alignment. They
were categorized as follows:
Grievance Management Framework
Cash compensation will be paid to all PAPs whose land, permanent or temporary structures
are affected. Should a PAP refuse the compensation suggested by the relevant valuation
authority or have any complaints of the process, PAPs committee, Project Implementation
Unit (PIU) and the Resettlement Steering Committee (RSC) will discuss and deliberate on the
raised issue(s). If the PAP is still not convinced with what has been proposed, as stated
above, he/she can take the case to the court for redress.
Monitoring and Evaluation
The monitoring plan includes for internal and external monitoring. This will comprise of
three tier process that will include internal field monitoring by the RSC and/or the PIU
implantation manager as well as the overall monitoring by the PAP Committee (PC) and RAP
manager. This will ensure the implementation of schedule and principles of the RAP.
Compensation and Other Assistance
Compensation will be for land, houses, business and loss of livelihoods, as well as other
assistance in order to mitigate the adverse consequences that affect people and communities
when they give up property for project. The form of resettlement agreeable to the PAPs for
the land, permanent and temporary structures will be implemented. The Table shows the
estimated RAP compensation costs.
8
Estimated Compensation Costs
Description Unit Qty Rate Amount (KSh.)
Compensation for the land to be
expropriated for road m2 990,000 400.00 396,000,000.00
Compensation for the structures
on the acquired land to be
demolished Total
Permanent
House
22,000.00/m2
Semi permanent
11,000.00/m2
Temporary
3,500.00/m2
593,529,780
Compensation for affected
trees. 5,000.00 61,502,000.00
Cost of public consultation,
Sensitization, participation and
reviews Lumpsum 1 2,000,000.00 2,000,000.00
Allowances for M + E Lumpsum 1 1,500,000.00 1,500,000.00
Compensation for loss of
Business 800,000.00
Total compensation for RAP
1,055,331,780.00
Implementation Schedule
The implementation schedule for major activities of the RAP stages is presented in figure 3.
Project Impacts
In a bid to reduce project impacts that will directly affect project sustainability it is
recommended that:
The way leave route should be earmarked to avoid future encroachments during
project implementation or maintenance of the road;
The route should also avoid the buildings as much as possible and where it cannot
then the cost of re-routing and compensation should be assessed to establish the
cost effective option;
9
Where tenancy is involved then compensation of going concerns and structures
should be separated from those of land /plot to avoid conflicts;
Official searches of land should be conducted in the respective district Lands
Registry to confirm the official details on encumbrances, inhibitions, restrictions
or cautions on every individual plot affected to avoid third party litigations;
Confirmation with the district Lands Offices will be done before the final
compensation; and
The community should be fully involved and integrated in the management and
planning of the project to make them own the whole process.
Conclusions
The Preparation of Resettlement Action Plan process in the area is already very interesting
since it involves PAPs with diverse educational levels; exposure and understanding. It is clear
that it requires careful attention to detail, flexibility and deep understanding of the processes
as well as legal procedures and requirements. In this respect the success of the exercise will
largely depend on a consultative process where consensus building is prioritized for realistic
results.
10
Table of Contents
1 INTRODUCTION .......................................................................................................... 15
1.1 BACKGROUND ............................................................................................................ 15
1.2 GOAL AND OBJECTIVES OF RESETTLEMENT ACTION PLAN ........................................... 15
1.3 SCOPE OF WORK .......................................................................................................... 16
2 METHODOLOGY ......................................................................................................... 17
2.1 PAPS CENSUS SURVEY ............................................................................................... 17
2.2 PARTICIPATORY APPROACHES (PUBLIC CONSULTATIONS) ........................................... 17
2.3 OBSERVATION ............................................................................................................ 18
2.4 VALUATION APPROACHES ........................................................................................... 18
2.4.1 Valuation of Structures ...................................................................................... 19
2.4.2 Valuation of Crops ............................................................................................. 20
2.5 SUMMARY OF EMERGING ISSUES................................................................................ 21
3 PROJECT DESCRIPTION ........................................................................................... 22
3.1 DESCRIPTION OF THE PROJECT .................................................................................... 22
3.2 DESCRIPTION OF THE PROJECT AREA ........................................................................... 22
3.2.1 Size And Location .............................................................................................. 22
3.2.2 physiographic & environmental conditions ....................................................... 23
3.2.3 human settlement and socio-economic environment ......................................... 24
3.2.4 Gender and Equality .......................................................................................... 26
4 LEGISLATIVE AND REGULATORY FRAMEWORK........................................... 27
4.1 OVERVIEW OF NATIONAL LEGISLATION GOVERNING ACQUISITION AND RESETTLEMENT
27
4.1.1 land related legal issues..................................................................................... 27
4.1.2 Expropriation of Land for Development in Kenya ............................................ 28
4.1.3 Procedures under Chapter 295 of the “Land Acquisition Act” ........................ 29
4.1.4 Procedures under Chapter 288 of the Trust Land Act” .................................... 29
4.1.5 Forests Act 2005: ............................................................................................... 30
4.1.6 Wildlife Act Cap 376:......................................................................................... 30
4.1.7 Road reserves: ................................................................................................... 30
11
4.1.8 The Trust Land Act (CAP 288) .......................................................................... 30
4.1.9 The Physical Planning Act (CAP 286)............................................................... 31
4.1.10 The Way Leaves Act (CAP. 292) ........................................................................ 31
4.1.11 The Land Acquisition Act (CAP. 295)................................................................ 31
4.1.12 The Land (Group Representatives) Act, Chapter 287 ....................................... 32
4.1.13 Registration of Titles Act Chapter 281 .............................................................. 32
4.1.14 The Registered Land Act Chapter 300 Laws of Kenya ...................................... 32
4.1.15 The Environmental Management and Coordination Act 1999 .......................... 32
4.1.16 The Local Government Act Chapter 265 Laws of Kenya .................................. 33
4.1.17 The Lakes and River Act Chapter 409 Laws of Kenya ...................................... 33
4.1.18 Valuation and Related Legal Issues ................................................................... 33
4.1.19 dispute resolution and arbitration of disputes ................................................... 33
4.2 WORD BANK SAFEGUARD REQUIREMENTS .................................................................. 34
4.2.1 Operational Policy 4.04: Natural Habitats, 2001 ............................................. 34
4.2.2 Operational Policy 4.12: Involuntary Resettlement, 2001 ................................ 34
4.2.3 Operational Policy (OP) 4.10 - Indigenous Peoples, 2005 ............................... 34
4.2.4 Operational Policy 4.11- Physical Cultural Resources: ................................... 35
4.3 GAPS BETWEEN WORLD BANK POLICIES AND KENYAN LAWS ...................................... 35
4.4 MITIGATION FOR THE GAPS ......................................................................................... 36
5 COMMUNITY PARTICIPATION AND CONSULTATION ................................... 37
5.1 GOVERNMENT‘S POLICY ON COMMUNITY CONSULTATION AND PARTICIPATION .......... 37
5.2 FRAMEWORK FOR CONSULTATION .............................................................................. 37
5.3 COMMUNITY PARTICIPATION AND CONSULTATION ..................................................... 38
5.4 CUT-OFF DATE AND ELIGIBILITY ................................................................................. 39
5.5 SOCIO-ECONOMIC BASELINE SURVEY OF THE AFFECTED POPULATIONS....................... 39
5.5.1 the basis of socio-economic survey .................................................................... 39
5.5.2 population dynamics and household characteristics ......................................... 40
5.6 DEVELOPMENTS ALONG THE PROPOSED EXPANSION CORRIDOR .................................. 44
5.7 SUMMARY OF MAIN ISSUES FROM COMMUNITY CONSULTATION
WORKSHOP ....................................................................................................................... 46
6 INSTITUTIONAL FRAMEWORK AND CAPACITY FOR RESETTLEMENT .. 48
6.1 ORGANIZATIONAL STRUCTURE ................................................................................... 49
12
6.1.1 Local RAP Implementation Committee .............................................................. 50
6.1.2 Compensation of the PAPs................................................................................. 52
6.1.3 Capacity/Responsibility of Resettlement Unit, RU ............................................ 52
7 IDENTIFICATION OF PROJECT AFFECTED PERSONS (PAPS) ...................... 53
7.1 DEFINITION OF PROJECT AFFECTED PERSONS (PAPS) ................................................... 53
7.2 THE PROCESS OF IDENTIFICATION ............................................................................... 53
7.3 CUT-OFF DATES: ......................................................................................................... 54
7.4 BENEFICIARY CAPPING ................................................................................................ 54
8 VALUATION OF ASSETS, COMPENSATION, RESETTLEMENT AND
ENTITLEMENT .................................................................................................................... 55
8.1 METHODOLOGY USED FOR VALUING LOSSES ............................................................... 55
8.2 DESCRIPTION OF PROPOSED TYPES AND LEVELS OF COMPENSATION ........................... 56
8.3 PRINCIPLES OF COMPENSATION FOR RESETTLEMENT .................................................. 56
8.4 COMPENSATION ENTITLEMENT ................................................................................... 58
8.5 GRIEVANCE REDRESS MECHANISM: ............................................................................. 62
8.5.1 Grievance Redress Process................................................................................ 62
8.5.2 PAPs Participation and Agreement on Grievance Process ............................... 63
9 MINIMIZATION OF IMPACTS OF RESETTLEMENT ON LIVELIHOODS .... 65
9.1 MINIMIZING RESETTLEMENT IMPACTS ........................................................................ 66
10 MONITORING AND EVALUATION ......................................................................... 68
10.1 THE OBJECTIVE OF MONITORING AND EVALUATION WILL BE: .................................. 68
10.2 THE MAIN INDICATORS THAT WILL BE MONITORED REGULARLY: ............................ 68
10.3 METHODOLOGY ....................................................................................................... 68
10.3.1 Data Collection .................................................................................................. 68
10.3.2 Interpretation of Data ........................................................................................ 69
10.3.3 Monitoring and Evaluation of Reports .............................................................. 69
11 ESTIMATED COSTS AND BUDGET......................................................................... 71
11.1 GENERAL OVERVIEW .............................................................................................. 71
12 IMPLEMENTATION SCHEDULE ............................................................................. 73
13
13 CONCLUSIONS ............................................................................................................. 75
14 LIST OF REFERENCES ............................................................................................... 76
15 APPENDICES ................................................. ERROR! BOOKMARK NOT DEFINED.
15.1 APPENDIX A – LIST OF HOUSEHOLDS/PAPSERROR! BOOKMARK NOT
DEFINED.
15.2 APPENDIX B – LIST OF PAPS NOT FOUND OR WITH INCOMPLETE DATA
ERROR! BOOKMARK NOT DEFINED.
15.3 APPENDIX C – SCHEDULE OF ESTIMATED COMPENSATION DUE TO
PAPS ERROR! BOOKMARK NOT DEFINED.
APPENDIX A – LIST OF HOUSEHOLDS/PAPS
APPENDIX B – LIST OF PAPS NOT FOUND OR WITH INCOMPLETE DATA
APPENDIX C – SCHEDULE OF ESTIMATED COMPENSATION DUE TO PAPS
APPENDIX D PHOTOS OF PROJECT AFFECTED PERSONS &
STRUCTURES
APPENDIX E – MINUTES & DOCUMENTATION OF CONSULTATIONS
MEETINGS HELD
APPENDIX F; SAMPLE HOUSEHOLD QUESTIONNAIRE
APPENDIX G; INDIVIDUAL ENTITLEMENT MATRIX
LIST OF FIGURES
Figure 5.1: Respondents by sex ........................................................................................... 41
Figure 5.2: Respondents marital status ................................................................................ 41
Figure 5.3: Respondents level of Education. ....................................................................... 41
Figure 5.5: Respondent‘s children level of Education for those under 18 years .................. 41
Figure 5.4: Respondent‘s children level of Education for those above 18 years ................. 42
Figure 5.5: Occupation of the household head ..................................................................... 42
Figure 5.6: Occupation of the household head ..................................................................... 43
Figure 5.7: Land ownership .................................................................................................. 43
Figure 5.8: Prove of Land registration ................................................................................. 43
Figure 5.9: Ownership of the affected structures ................................................................. 43
Figure 5.10: Affected Structures ......................................................................................... 44
Figure 5.11: Households affected by HIV/AIDS................................................................ 44
Figure 5.12: Religion of the population ............................................................................. 44
14
Figure 7.1: Organisation Structure of KeNHA Resettlement Unit....................................... 48
Figure 8.1: Grievances Handling Process ............................................................................ 64
Figure 12.1: RAP Implementation Schedule ...................................................................... 74
LIST OF TABLES
Table 2-1 Valuation Processes Relevant to our project ..................................................... 20
Table 5.1: Summary Number of PAHs and affected Assets ............................................... 45
Table 5.2: Summary Number of PAHs Identified by name and PAPs ............................... 45
Table 6-1 Overall Institutional Roles in the RAP Process ................................................ 49
Table 8-1 Entitlement Matrix ............................................................................................. 58
Table: 8-2 Summary of Entitlement Matrix ........................................................................ 61
Figure 8.1: Grievances Handling Process ............................................................................ 64
Table 10-1: Monitoring Indicators ..................................................................................... 69
Table: 11.1 Estimated Compensation Costs......................................................................... 72
ACRYONYMS
PAPs Project Affected Persons.
PC PAPs committee,
PIU Project Implementation Unit
RSC Resettlement Steering Committees
PAHs Project Affected Households
15
1 INTRODUCTION
1.1 BACKGROUND
Kenya National Highways Authority (KeNHA) is responsible for the management,
development; rehabilitation and maintenance of approximately 14,000Km of class A, B and
C roads which is approximately 22 % of the total length of the entire country‘s classified road
Network. Class A roads are international trunk roads linking centers of international
importance and crossing international boundaries or terminating at international ports. Class
B roads are National trunk roads linking nationally important centers. Class C roads are
Primary roads linking provincially important centers to each other or two higher class roads.
Given KeNHA‘s position as the custodian of the national road network and critical role in
providing quality national road network for sustainable social and economic development, it
has a responsibility to manage and leverage our resources in a way that promotes a healthy
and sustainable environment.
KeNHA further recognizes that its activities have wider influences and impact on the
environment and social livelihood. The Authority is committed to continually reduce
vulnerability of the people affected by the proposed project as an effort to improve its social
sustainability. KeNHA will seek to develop amongst suppliers/contractors, employees and
members of the public an appreciation of their role in bringing about safeguard of social
vulnerability.
1.2 GOAL AND OBJECTIVES OF RESETTLEMENT ACTION PLAN
The RAP will be applied where people will be displaced from land or productive resources
which result in relocation, loss of shelter or assets important to production, income sources or
means of livelihood.
RAP has the following goals;
To ensure that people and enterprises affected by the project are compensated for
any loss of, or impact on property, assets and/or socio-economic displacement as
a result of the project in accordance with World Bank resettlement policy without
prejudice to the Kenyan government legislation.
To provide affected people with the opportunities to restore or improve their
living standards and income earnings capacity to at least pre-project levels.
The objective of this RAP was to;
Determine the socio-economic effects of the proposed road expansions in order to
provide cost effective project alternatives,
Identification of all project affected persons (PAPs), establishment of their socio-
economic base, gender category; household or family; the cut-off dates for
eligibility for compensation; the assets to be compensated at replacement cost.
Provide a detailed socio-economic survey in order to identify entitlement, key
issues faced in terms of land acquisition and compensation, as well as options and
16
strategies for minimizing 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.
Establish the land acquisition and compensation processes, options available,
eligibility and entitlement and consultation and grievance referral and redress
mechanisms.
Take into account the requirements of the applicable laws of Kenya as well as
requirements of the World Bank and the policies and procedures of KeNHA.
Provide a grievance redress mechanisms and Organizational framework for
implementing relocation and resettlement including identification of agencies
responsible for delivery of resettlement measure and provision of services
Develop a Resettlement Action Plan through land and property evaluation to
establish an estimate for compensation.
Establishment of a monitoring plan for the PAPS.
1.3 SCOPE OF WORK
In our understanding the preparation of the RAP will lead to identification those persons
within the project area who may be displaced as a result of the project. The persons may be
operating businesses, employed or living in the areas affected by the project. In addition, the
process will assist in development of a socio-economic profile of the Project Affected
Persons (PAPs). The RAP further gives the cost of resettlement (including the resettlement
activities as required by the World Bank's OP 4.12).
It also provides guidelines on stakeholders' participation thereby ensuring that that PAPs are
informed of the compensations options available to them; their rights and that they will not be
impoverished by the adverse social impacts of the project. However, the process will to a
great extent be enmeshed with the legal framework in Kenya. Thus will World Bank
guidelines will be used particularly with respect to resettlement there will be need to apply
Kenyan laws where World Bank policies are either silent or unclear.
Specific activities some of which we have started to undertake in preparation of the RAP
include:
Identification of project impacts and affected populations (a list of PAPs is in
appendix 1)
Review of the prevailing Kenyan Legislation relevant to land acquisition,
compensation and resettlement,
Review of the World Bank resettlement policies.
A compensation framework
A description of resettlement assistance and restoration of livelihood activities
A detailed budget,
An implementation schedule, and
A description of provisions for redress of grievances
17
2 METHODOLOGY
In In the preparation of the Draft Resettlement Action Plan will have used various
approaches. This ensured that there was facilitative of triangulation of the results. In the
process gaps in information are continuously filled as an ongoing process. The use of the he
various techniques including conversational interviews with affected persons, the provincial
administration and specialized approaches for valuation purposes among others. The
preparation of a Resettlement Action Plan it needs to be appreciated is a multidisciplinary
task that requires the skills of various professionals and therefore use of different methods
and techniques. The various approaches and/or methods are:
2.1 PAPS CENSUS SURVEY
We have so spent about 17 days and will be spending more days in the coming weeks in the
field to comprehensively establish the extent of anticipated displacement. In some cases there
will be need for displacement resulting in the need to determine compensation, thus as part of
the census survey such structures or land parcels are appropriately defined, measured and/or
in the cases of businesses appropriate data is obtained. Thus in the case of displacements and
where compensation is required then a census of individual plots were undertaken to establish
the area and sizes of those plots as well as enumerate the PAPs assets.
The objective of the PAP census was:
To attach values to key indicators of the PAPs social and economic status and
their vulnerability to social and economic change as a result to the project;
To provide a benchmark for any further information needed to monitor and
evaluate the PAPs in the future; and
To permit the creation of a tailor made RAP for the PAPs
This information was collected through:
Individual entitlement matrix sheet used to collect and record the details of each
PAP
Photographs taken to capture the PAPs and their local surroundings and record the
existing conditions,
Maps used to locate and relate the settled sites with the physical and human
environments of the adjacent areas
The information collected was used to provide the following information:
Names of affected families.
An assessment of encroachment on to the way leave;
Information on the full resource base of the affected population;
Extent to which PAPs would experience total or partial loss of assets; and
Public infrastructure and social services which would be affected;
Component compensation costs;
2.2 PARTICIPATORY APPROACHES (PUBLIC CONSULTATIONS)
Public consultation process included ad hoc roadside interviews, household social and
economic surveys using structured questionnaires duly analyzed, PAPs census survey and
scheduled public consultation and participation meetings. Three scheduled public
18
consultations meetings were held at Kisian primary school and at Kosawo social hall, Kisumu
town on Friday 20th April 2012 and on the grounds next to Kogony sub-location assistant
chiefs place on Wednesday, 25th April 2012. The meetings were advertised through print
media, advertised in the local Fm radio (Radio Ramogi) and in writing posted to the various
administration offices in the District, learning institutions, churches and mosques. Posters
were put up along the proposed alignment prior to the dates of the meetings. The list of those
in attendance, the project presentation, minutes and resolutions as well as the photographs
taken during these meetings are attached in the appendices.
In a sense, it needs to be appreciated that the RAP Report is usually an outcome of the
various integrated formal and informal interviews with the stakeholders, as well as from
observation. The specific objectives of the consultation process were:
To create awareness on the proposed project;
To inform the people about the Resettlement Action Plan (RAP);
To Present useful channels for collecting the views and concerns of the project
affected persons; and
To make effective communication with Project- Affected People to gain support
for the project (social license to operate).
2.3 OBSERVATION
This forms a critical approach in data collection for preparation of Resettlement Action Plan.
It is through observation that physical assets to be destroyed are identified and appropriately
described. The process required the use of field note books to note all the relevant
information that may be material to valuation and/or value of a venture, business, trees or
even a plant. The exercise required attention to detail to be able to give returns that are
irrefutable. Photos for the affected assets were taken to assist in valuation.
2.4 VALUATION APPROACHES
Various valuation techniques were used to ensure that various businesses, structures and
buildings and parcels of land were appropriately valued where necessary. This was done to
help establish the compensation packages for PAPs. In undertaking the valuations we adhered
to Principle 8 of the International Resettlement Standards which states, inter alia that;
―Resettlement must be seen as an upfront project cost‖. Valuation can simply be defined as
the art or science of establishing the value (worth) of a particular interest in property for a
specific purpose and at a particular moment in time; taking into considerations all the features
of the property and also considering all the underlying factors of the market.
Valuation being concerned with the interpretation of the market, the various techniques relied
on for the collection and analysis of data were related to the market. They may appear
innocently to include: social, economic, institutional, government and environmental
attributes but that as far as they go. Most of the times specific valuation data include local
market conditions and details of property transactions such as location, physical and
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functional form and legal characteristics. The value of the property is affected by the rights of
enjoyment or compensation when such benefit may be alienated.
In Kenya, compensation value requires that the value paid to include all the other
miscellaneous expenses as well as the injurious affection due to the disturbance to them as
stipulated in the Compulsory Land Acquisition Act CAP 296. Thus in such circumstances,
the value paid is higher than normal market by about 15%. Thus the factors that affect the
value are those that affect the rights on land, location, legal rights and permitted use.
With the preliminary field results five methods of valuation were used namely:
Comparison Method: while it is true that no two properties can be the same, this method
compares like properties. It is the most reliable and requires an active market while
adjustments are made to fit specific properties. The limitation faced by this method is lack of
data and sometimes misleading data. Comparable may be biased where the seller may sell
more or less depending on the needs at the time. Elsewhere the data given may not be correct
because of personal secrecy. Thus in long learn, valuers have been able to come up with
values per square foot/meter that can be used in various regions and give a reasonable value.
Adjustments are made depending on various factors.
Investment Method: on the other hand is based on the expected future returns and its
applicable where active investment market is available. Just like comparison method,
investment method is limited due to lack of varied data.
Cost approach method: this is where the property value is assessed based on the cost of
buying the site and constructing the building. It is based on the reproduction/replacement
value.
Profit method: this method is used in absence of sufficient rental or sales evidence and
where the hypothetical purchaser would base his/her offer of profit from the business
conducted from the property.
Residual method: this is applied to property with development potential either undeveloped
or partially developed.
A combination of the valuation techniques or one technique can be used estimate value of a
structure, business or land. In general valuation will ensure that the affected structures are
compensated at Market rate. They however give varied values; experience and the knowledge
of the existing property market are necessities for any property valuer to come up with
appropriate value and not just the quantification and method of calculation.
2.4.1 VALUATION OF STRUCTURES
If structures are primarily for investments purposes like in our case where most of the
structures double as residence and business at the same time then the ‗income approach‘ will
be used at times. However, the preferred method of valuation is the ‗replacement cost‘
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method. It is based on the theory that the market value of an improved parcel can be
estimated as the sum of the land value and the depreciated value of improvements. In other
words - subtracting the land value from the overall value of the land and built structures will
give you the value of the structures. Replacement value requires the estimate of land value,
accrued depreciation and the current cost of constructing of improvements. Depreciation is
deducted from the current cost of construction to get an estimate of improvement value.
In carrying out replacement cost value three steps are required:
Data collection: descriptive data on the improvement being valued.
Determining an accurate cost of estimate: expenditure involved in completing a
house based on replacement cost or reproduction cost. Reproduction cost is the
cost of constructing an identical structure by using the same design and materials.
Replacement cost is the cost of constructing a substitute structure of equal utility
using current materials, design and standards.
Estimation of accrued depreciation – which is the loss in value from replacement
cost
2.4.2 VALUATION OF CROPS
Compensation for crops was accordance to the gross market value of the lost crops. Gross
market value makes full provision for owners‘ crops or users input already expended (labour,
seeds, fertilizer etc) in the event that there is a crop in – ground at the time of acquisition.
There are two determinants of gross or full market value which are market value for crops
and the average annual yield of the crop. The price used to calculate compensation is the
highest market price of the crop during the year. The average annual yield of the crop
involves some degree of data collection and analysis.
Table 2-1 Valuation Processes Relevant to our project
Asset Process Land with
Structures
Steps:
A detailed inventory of all persons, possessions, assets and stock
requiring resettlement will be made.
Accurate and real valuation of dwelling will be undertaken.
Ensure this value is equal to or greater than the replacement
value without depreciation.
Packages according to valuations will be carried out.
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.
Provide temporary housing/shelter if necessary.
The owner will be entitled to remove any materials he or she
wishes to salvage within one month of vacating the old
dwelling.
Land without
structures
Inventory: As part of the RAP phase the KeNHA hopes to
acquire names and contact details of all persons affected by
the project.
Compensation: a registered valuer will determine how each
person is affected and how much compensation will be paid
for crops and trees lost.
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Structures on the
way leave
The owner will be entitled to remove any materials he or she
wishes to salvage within one month of the notification
KeNHA will facilitate relocation or pay compensation for the
lost structures.
2.5 SUMMARY OF EMERGING ISSUES
From the data already obtained a number of factors have emerged namely;
i) Potential Number of Project Affected Persons
The preliminary census results have indicated that about 295 households are likely to be
affected with a total number of 1441 PAPs. This may further change as we finalize the
information from the RAP committees.
ii) The Project Affected Persons; they include individuals and groups with undertakings
in diverse economic activities. These include: learning institutions, rental houses, guest
houses, children‘s home, general shops among others It should be appreciated that the
activities have strong backward and forward linkages within the economy and therefore care
must be taken in handling all these groups;
iii) There will be challenges with regard to sharing of compensations particularly where
there are more than one person entitled like appears to be the case with respect to small
enterprises that are owned in groups. This may be uniquely a Kisumu phenomenon but which
provides for more innovative approaches to determining compensation for each; and
iv) Initially there were questions regarding entitlement and cut off dates: These were later
discussed at the community workshops and agreed on.
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3 PROJECT DESCRIPTION
3.1 DESCRIPTION OF THE PROJECT
KeNHA is planning to Construct a new road to link Mamboleo to Otonglo (approximately 9
km), and construction of interchanges at Otonglo and Mamboleo intersections. The road will
be dual carriage on a 110m road reserve.
3.2 DESCRIPTION OF THE PROJECT AREA
3.2.1 SIZE AND LOCATION
The project road which is part of the Northern Corridor Transport Improvement Project
(NCTIP) is located in Kisumu City. Kisumu, the third largest city in Kenya, is the
headquarters of Kisumu District, as well as Nyanza Province. It has developed progressively
from a railway terminus and internal port in 1901, to become the leading commercial,
trading, industrial, communication and administrative center in the Lake Victoria basin, an
area that traverses the three provinces of Nyanza, Western and Rift Valley. In addition,
Kisumu serves as the communication and trading confluence for the Great Lakes region -
Tanzania, Uganda, Rwanda and Burundi. It is the largest city in Nyanza Province and second
most important city after Kampala in the greater Lake Victoria basin
Kisumu international airport has recently been constructed and this has boosted economic
growth in the region.
The proposed road starts at Mambo Leo Junction of Kisumu-Kakamega (A1) Highway. After
Mambo Leo Junction, the bypass goes through quarry field, then after first curve, heads
towards piedmont of Kanyakwar Hills at Riat Tor (Hill). Then it curves around the Kogony
Hill, passes in front of Jans Senior Academy and runs for about 1 km. After curving out
westward it crosses Riat-Paradise murram road 100 m to the south of Abuson Shop. After
avoiding the eastern flank of the Abuson River, the bypass then runs southwards in a straight
line. It crosses Kisumu – Butere rail line before ending on an Intersection on Kisumu-Kisian
(B1) Road at a point about 400 m to the east of Kotetni Primary School fence.
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3.2.2 PHYSIOGRAPHIC & ENVIRONMENTAL CONDITIONS
a) Administrative Units
Kisumu City is the headquarters of Kisumu County, District. The proposed road lies in
Kogony sub-location, East Kisumu Location of Kisumu North District.
b) Physical Environment
Kisumu City lies between Longitudes 33o 20‘East and 35o 20‘ East and latitudes 0o
20‘South and 0o 50‘South. The district has two divisions, namely, Winam and Kadibo.
c) Topography
Kisumu City has its topography divided into Kano Plains and the two midland areas of
Maseno and Kombewa. The plains have some rivers. Scarps also exist in the north, east and
south from which excess rainwater descends and causes floods in Kano Plains.
The escarpment occurs in tors of rounded shapes on the east side of Kisumu-Kakamega (A1)
Road at which point they taper into piedmont plains that form a gentle Kanyakwar valley that
meet the bulk-hill on which Kisumu city proper is built. There are 4 No. scarps that lie in
Kanyakwar zone sub-location of Winam Division whereas the other 9 No. Scarps fall in
Kogony sub-location. The Kodiaga scarps consist of bold outcrops of granite rocks which
become larger and hanging in the Kisian Scarps.
The city sits on the tip of Winam Gulf of Lake Victoria, the second largest fresh-water lake in
the world. The shoreline of Kisumu City is about 30 Km of the 80 Km in Kisumu East
District.
d) Geology and soils
Kisumu has a wide range of soil types but is mainly dominated by vertisols. In the Kano
plains, there are clay soils commonly associated with swamps on the slightly elevated
grounds and piedmont plains are found Plano sols and its complexes, which are of moderate
fertility. On the uplands are camisoles and Luvisols of volcanic origin, which have low
fertility (Kisumu East District Development Plan, 2002 – 2008).
e) Climate and Rainfall
The long rains in Kisumu occur in April-May and the short rains in August-September.
Maseno has a mean annual rainfall of 1630mm, Kisumu 1,280mm, Kibos 1,290mm. The
mean annual rainfall in the lowlands ranges between 1,000mm and 1,180mm. The mean
range in the short rain season for this area is 450 – 600mm.
The mean annual temperature ranges between 20o – 30o Centigrade. The peak temperature
falls between March and May and another peak in September to November.
f) Hydrology and Road Drainage
The three major rivers in Kisumu that flow into the Nyanza Gulf are Kibos, Awach, and
Magada.
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The rivers that drain into the part of the gulf close to Kisumu City include Nyamasaria and
Ombeyi to the south. In the north is Kisat and Nyahera River. A small stream known as
Asego also drains into the lake. The stream starts from a spring between the second and third
Kanyakwar scarps.
g) Land Tenure
Land tenure in Kisumu District is freehold and leasehold basis. The average plot sizes in the
neighborhoods and estates are quarter acres, which are normally freeholds with titles issued.
But in some estates, the residents have an average plot size of 0.8 acres and on a freehold
ownership with no titles issued.
h) Forestry and General Flora
The hills do not have gazetted forest except at Scarp near, Jans Senior Academy where a
small area is set aside for arboreal practice. Bush and shrubs occupy the scarps along which
the By-Pass Road corridor is planned. Shrub-covered areas are dominated by several species
especially the Acacia seyal. Woodlots, mainly of Eucalyptus are common in homes near the
hills. The scarps used to be covered with several other wood species which disappeared about
35-40 years ago due to felling for fuel wood / charcoal. Table 3.1 below shows the list of
exotic and indigenous species of trees in the project zone, in the Division and certain areas in
the District.
i) Lacustrine Environment
Kisumu sits on the tip of Winam Gulf of Lake Victoria. The lake covers an area of 67, 483
sq.km. It is the second largest fresh water lake in the world. Its depth ranges between 70 –
100 metres.
j) Biodiversity in the Lacustrine Zone
Many species of invertebrates, vertebrates, plants and bird species that depend on wetlands
for survival are found in the lake zone of Kisumu City area. Where the critical habitat for
breeding and feeding is over-exploited, these species of animals or birds become threatened
or endangered.
3.2.3 HUMAN SETTLEMENT AND SOCIO-ECONOMIC ENVIRONMENT
a) Population Density
Kisumu City has a population of 504,359 (as of 1999) and a land area of 919 sq km.
b) Demographic and Population Profile
The area is sparsely populated. The highest concentration of the population is in hilly areas
which have natural resource potential. Most of the people are in settlement schemes. In
addition there is higher concentration in upcoming urban centres and towns.
c) Health
The most prevalent diseases are malaria, anaemia cases and HIV/AIDS. The HIV/AIDS
prevalence in Kisumu city is approximately 11.2%. Deaths as a result of HIV / AIDS have
resulted in a lot of orphans and widows. This has resulted into more segments of vulnerable
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population including youths, women, sex workers and infecting drug users. Cultural and
social practices aggravate the transmission of the HIV / AIDS virus. The truck drivers and
other long distance migrants are also many. This causes demand for sex for money hence
exposing even more to HIV / AIDS.
d) Education
1. Pre-primary
The district has 347 pre-primary schools. The total enrolment rate is 41,992. Total drop-out
rates for girls is 59%. The Average years of school attendance is 4-7 years for boys and 3-6
for girls. The teacher / pupil ratio is 1:31.
2. Primary
There are 322 primary schools. The total enrolment rate for males is 51.0% and females
49.0%. Total drop-out rates by both sexes is 59%. The teacher / pupil ratio is 1:40. The
Average years of school attendance by sex is Male 8 and Female 7.
3. Secondary
There are 55 secondary schools. The total enrolment rate for Males is 59% and females 49%.
Total drop-out rates by sex is 59%. The teacher / pupil ratio is 1:40. The Average years of
school attendance by sex is 4 for boys and girls.
e) Economic Activities
Kisumu district has four main industries: agriculture, fishing, business and manufacturing,
and civil service employment. Agriculture is the main source of income for the majority of
the people in the hinterland. Cash crops such as sugarcane, rice and cotton are cultivated, in
addition to maize and sorghum which are grown for food. Other crops that are grown on
commercial basis include beans, bananas, pineapples, citrus, simsim and green grams.
Subsistence farmers tend to produce maize, beans, millet, groundnut, sorghum, cassava, and
vegetables. Livestock is farmed for meat and milk.
Public sector employment accounts for the largest proportion of the total labour force. Private
sector employment in business and manufacturing enterprises and informal sector, have both
experienced substantial growth, particularly an increase in the informal transport sector (use
of bodabodas or bicycle- taxis).
Informal sector activities such as fabrication of small household items, woodcraft, and
basketry also provide substantial sources of income. Fishing also constitutes an important
industry in Kisumu district as both a major source of food and of household income;
employment in the fishing industry accounts for a large proportion of the total labour force,
either as fishermen or fishmongers. In contrast, in the suburban fringe areas, most residents
work in the agricultural sector, despite the low productivity of the land. Others engage in
informal employments and or provide cheap labour in town. Unemployment and poverty
levels in this area are high, probably owing to its rurally oriented environment. The city is
fast developing as a tourist industry with the attractions of Lake Victoria and nearby wildlife.
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f) Tourism, Trade And Industry
The outstanding features include overhanging huge granite rocks at Kisian, the legendary Kit
Mikayi, the Lake Victoria and its islands e.g. Ndere National Park which attract tourism to
the district.
g) Water Supply
The water supply system in Kisumu can be categorized into three systems: that provided by
KIWASCO, the peri-urban system and the system provided within the informal settlements.
The existing water supply facilities provided by KIWASCO are in very poor condition and a
large proportion of the population has no access to the service. The coverage of KIWASCO's
current water supply network commands 40% -50% and is mainly concentrated within the
built up urban centre. The combined water supply capacity from the two water treatment
systems amounts to 20,000m3/day, which is less than half of the predicted demand of 50,
OOOm3/day (Department of the Environment strategic plan of 04-07).
3.2.4 GENDER AND EQUALITY
Gender disparity in Kisumu district is characterized by a large number of women bearing a
disproportionately large share of both domestic and agricultural work. The 1999 census
report indicated that women constitute the majority of the labour force in the district,
providing mostly unskilled labour. This trend is predicated to remain unchanged over a
period of years as more women join the local labour force whilst men migrate elsewhere in
search of better employment opportunities.
Despite their considerable contributions to both family income and rural economy, women in
the district continue to be faced with inhibitive cultural traditions relating to divisions of
labour lack of access to land property exclusion of in decision making and restrictions on
family inheritance. The result is that rather than being able to concentrate on activities that
earn income, many women must spend the majority of their time undertaking domestic
activities.
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4 LEGISLATIVE AND REGULATORY FRAMEWORK
This chapter seeks to highlight major issues related to Kenyan land legislation in relation to
physical displacement and resettlement. It provides a brief overview of the Kenya Land
Policy and laws, the Kenyan Constitution provisions connected with land use, planning,
management and tenure. The World Bank‘s Safeguard Policies on resettlement are also
highlighted. The chapter also provides a comparison of the Kenya laws with the World Bank
provisions on resettlement highlights the gaps and provides mitigation for the gaps.
4.1 OVERVIEW OF NATIONAL LEGISLATION GOVERNING ACQUISITION
AND RESETTLEMENT
4.1.1 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.
h) 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 adjudicated
and registered and is commonly known as trust land. Its management falls within Trust Land
Act, Cap 291. Trust Land‖ refers to that land that is still held under African customary tenure.
The title to this land is said to vest in the County Council in trust for its inhabitants, hence the
term ―Trust‖
i) 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.
j) 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.
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.
28
k) Other Interests include:
Reservations of other government or trust land to government ministries, departments or
Parastatals for their use.
Non-formalized 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
All land in urban areas of Kenya and much of the land in rural areas has a registered title.
The title to land is either freehold or leasehold. The development and use of freehold title is
controlled by land planning regulations which are administered by both the Central
Government and the Local Authority in which the Land is situated. (A Local Authority is
either a County Council or Municipal Council whose activities are established and controlled
by Local Government Legislation).
Leasehold land is held on leases from the Central Government or, less frequently, from the
Local Authority and such leases will contain provisions governing the development of the
land and the use to which the land can be put. The leases frequently contain provisions
against any dealing with the land without the consent of the landlord.
The Central Government administers its land through a Department of Lands which is headed
by a Commissioner of Lands.
4.1.2 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.
Expropriation in this context refers to the taking away of private land and landed property for
public purpose by the government with or without the owner‘s consent subject to laws of
eminent domain, which stipulates prompt and adequate compensation among other things. In
Kenya ―setting apart‖ for unregistered Trust Land and ―Compulsory acquisition‖ for all
registered private lands are the terms commonly used.
Expropriation of land is a very important aspect in land management in that it is the
instrument by which land is availed for various developments needs e.g. infrastructure,
housing, dams and irrigation, or industrial purposes if the development and utilization of the
said land is to promote public benefit.
For purposes of this project, expropriation in accordance with the law and with Bank
operational procedures will be conducted so as to obtain a new road reserve. Existing road
reserves have been avoided to minimize resettlement requirements.
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4.1.3 PROCEDURES UNDER CHAPTER 295 OF THE “LAND ACQUISITION ACT”
The act stipulates that land acquisition process begins with a formal request submitted to the
―Commissioner of Lands‖ by the benefiting authority, e.g. a municipal council in case of
urban areas or any other public body or Government. The Commissioner 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 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.
4.1.4 PROCEDURES UNDER CHAPTER 288 OF THE TRUST LAND ACT”
Setting apart‖ carried out at the instance of the state will involve the following procedure.
The President will write 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. It starts with a full
council meeting.
In addition, land use rights can be withdrawn by the state in the public interest. However, the
state has the responsibility for paying fair compensation for any losses and improvements.
There is no specific resettlement policy and regulatory framework. The land law only
specifies compensation payment for expropriated land, which is done in the public interest. It
30
is silent on compensation issues such as the principles, forms, eligibility, valuation, adequacy,
procedures, timing and responsibilities.
There is no legal mechanism for affected persons to appeal against compensation paid or
other resettlement measures. The only legal recourse available to affected persons is the
courts of the country. Fortunately, there are well-established local mechanisms for conflict
resolution concerning land among local communities
In the absence of a comprehensive resettlement legal and policy mechanism in the country,
the requirements of WB OP 4.12 will become the operational policy framework on all sub-
projects requiring displacement.
4.1.5 FORESTS ACT 2005:
All state forests in Kenya were gazetted under Cap 383 but are now protected under the
Forest Act 2005. The Forest Act allows for several avenues towards accessing and use of
forestland:
Under the Forest Act, a piece of forest land can be de-gazetted and converted to
other uses. Forest Act however requires all de-gazetment of forest land to be
discussed and approved by Parliament. All de-gazetted land then reverts to the
Commissioner of Lands who then proceeds to allocate in line with the Land
Control Act.
Under the Forest Act 2005, forestland can also be leased for use for other
purposes provided that such use does not contradict the purpose for land
reservation.
The same Act also allows for Participatory Management of Forests and thus
guarantees communities (under auspices of Community Forest Associations)
rights to access and utilize certain forest goods and services including citing of
water supply intake works in forest areas. These intake works require that small
infrastructure be placed in water courses to allow for abstraction.
4.1.6 WILDLIFE ACT CAP 376:
Nature Reserves and National Parks are controlled by the Kenya Wildlife Service under the
Wildlife Management and Co-ordination Act of 1976. The common feature with all land
reserved for use by wildlife is that its conversion to any other form must be approved by
parliament.
4.1.7 ROAD RESERVES:
All road reserves are public land reserved under the Physical Planning Act Cap 286.
Road Reserves are unique as public utility lands where all infrastructure lines such as for
water supply, power and telecommunication will be found.
4.1.8 THE TRUST LAND ACT (CAP 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
31
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.
4.1.9 THE PHYSICAL PLANNING ACT (CAP 286)
Under the physical planning act, physical development activities are supposed to be carried
out according to the physical plans. Section 2 of the Act requires that all land intended for
any development requires planning and development permission.
Accordingly the processes of physical planning involve two stages; the plan making stage
and the development control stage. The former involves drawing up the actual plan to
indicate the various activities and zones whereas the later involves the process of determining
applications by developers to carry out specific development activities. Section 36 states ―if
in connection with a development application a local authority is of the opinion that the
development activity will have injurious impact on the environment, the applicant shall be
required to submit together with the application an environment impact assessment report‖.
4.1.10 THE 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 should be
compensated. 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
4.1.11 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:
1. Area of land acquired,
2. Property value in the opinion of the Commissioner of land (after valuation)
3. Amount of the compensation payable,
4. Market value of the property.
5. Damages sustained from the severance of the land parcel from the land
6. Damages to other property in the process of acquiring the said land parcel.
7. Consequences of changing residence or place of business by the land owners,
8. Damages from diminution of profits of the land acquired
32
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
conditions it was before. Any damages or reduction of value shall be compensated to the land
owners
4.1.12 THE LAND (GROUP REPRESENTATIVES) ACT, CHAPTER 287
This is an act of parliament to provide for the incorporation of representatives of groups who
have been recorded as owners of land under the Land Adjudication Act, and for purposes
connected therewith and purposes incidental thereto.
In this act group representatives means where at a meeting held under sections of this Act the
members of a group resolve that group representatives shall be incorporated, and elect not
more than ten and not less than three persons to be group representatives, the persons so
elected shall make application to the registrar in the prescribed names for theirs incorporation
under this Act.
The group representatives are under a duty to hold any property which they hold as such, and
to exercise their powers as such, on behalf and for the collective benefit of all the members of
the group, and fully and effectively to consult the other members of the group on such
exercise.
4.1.13 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.
4.1.14 THE REGISTERED LAND ACT CHAPTER 300 LAWS OF KENYA
Provides for the absolute proprietorship over land (exclusive rights). Such land can be
acquired by the state under the Land Acquisition Act in the project area.
4.1.15 THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT 1999
This is the legislation that governs Environmental Impact Assessment (EIA) studies. This
resettlement exercise falls under the Second Schedule, which lists the projects required to
undergo EIA studies in accordance with section 58 (1-4) of the Act. Resettlement
components of the subprojects may pose potentially negative environmental impacts. Part 3
of this Schedule applies to settlement planning. Therefore according to the above Act, the
proposed sub-projects may require EIA studies.
33
KenHA has prepared an ESMF and EIA as required by NEMA and World Bank Operational
policy 4.01 Environmental Assessment and these will be publically disclosed before
appraisal.
4.1.16 THE LOCAL GOVERNMENT ACT CHAPTER 265 LAWS OF KENYA
Provides for making by- laws and institutions by Councils. By-laws can be made on the
governance of a project under the provisions of this Act.
4.1.17 THE LAKES AND RIVER ACT CHAPTER 409 LAWS OF KENYA
This Act provides for protection of river, lakes and associated flora and fauna. The provisions
of this Act may be applied, in the management of the resettlement zones in this project.
4.1.18 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.
4.1.19 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
and where there gaps in the ‗Act‖ or omissions the Rules of an active local branch of the
London-based Chartered Institute of Arbitrators will be used.
In addition to ratifying the UNCITRAL Model Law, Kenya is also a signatory of 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 recognised 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 organisation 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 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.
34
4.2 WORD BANK SAFEGUARD REQUIREMENTS
This project is being undertaken in compliance with Kenyan legislation and The World Bank
policies; in cases where gaps exist between Kenyan Law and the Bank‘s policy, the latter‘s
standards will be followed. The objective of the World Bank's environmental and social
safeguard policies is to prevent and mitigate undue harm to people and their environment in
the development process. These policies provide guidelines for bank and borrower staffs in
the identification, preparation, and implementation of programs and projects.
4.2.1 OPERATIONAL POLICY 4.04: NATURAL HABITATS, 2001
The policy seeks to ensure that World Bank-supported infrastructure and other development
projects take into account the conservation of biodiversity, as well as the numerous
environmental services and products which natural habitats provide to human society. The
policy strictly limits the circumstances under which any Bank-supported project can damage
natural habitats (land and water areas where most of the native plant and animal species are
still present).
4.2.2 OPERATIONAL POLICY 4.12: INVOLUNTARY RESETTLEMENT, 2001
This is triggered in situations involving involuntary taking of land and involuntary
restrictions of access to legally designated parks and protected areas. The policy aims to
avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse
social and economic impacts.
It promotes participation of displaced people in resettlement planning and implementation,
and its key economic objective is to assist displaced persons in their efforts to improve or at
least restore their incomes and standards of living after displacement. All persons are covered
under this policy regardless of legal title
The policy prescribes compensation and other resettlement measures to achieve its objectives
and requires that borrowers prepare adequate resettlement planning instruments prior to Bank
appraisal of proposed projects.
The OP 4.12 further requires particular attention to be given to the needs of vulnerable groups
especially those below the poverty line, the landless, the elderly, women and children,
indigenous groups, ethnic minorities, orphans, and other disadvantaged persons.
4.2.3 OPERATIONAL POLICY (OP) 4.10 - INDIGENOUS PEOPLES, 2005
The RAP has been developed in accordance with the legislative and regulatory framework of
Kenya and World Bank operational Policy (OP)). This policy contributes to the Bank's
mission of poverty reduction and sustainable development by ensuring that the development
process fully respects the dignity, human rights, economies, and cultures of Indigenous
Peoples. For all projects that are proposed for Bank financing and affect Indigenous peoples,
the Bank requires the borrower to engage in a process of free, prior, and informed
consultation. The Bank provides financing only where free, prior, and informed consultation
results in broad support of the project by the affected Indigenous Peoples. Such Bank-
35
financed projects include measures to (a) avoid potentially adverse effects on the Indigenous
Peoples‘ communities; or (b) when avoidance is not feasible, minimize, mitigate, or
compensate for such effects. Bank-financed projects are also designed to ensure that the
Indigenous Peoples receive social and economic benefits that are culturally appropriate and
gender and inter-generationally inclusive.
This RAP hereby confirms that communities fitting the description of Indigenous Peoples
(characterized by primary extraction of natural resources through hunting and gathering)
were not encountered within the area to be traversed by the proposed project.
4.2.4 OPERATIONAL POLICY 4.11- PHYSICAL CULTURAL RESOURCES:
Cultural resources are important as sources of valuable historical and scientific information,
as assets for economic and social development, and as integral parts of a people's cultural
identity and practices. The loss of such resources is irreversible, but fortunately, it is often
avoidable.
The objective of OP.4.11 is to avoid or mitigate adverse impacts on cultural resources from
development projects that the World Bank finances.
No assets within the domain of OP 4.11 were identified within the entire route. However no
cultural sites, were found in the area.
4.3 GAPS BETWEEN WORLD BANK POLICIES AND KENYAN LAWS
Both the Kenyan and World Bank Policies on land acquisition related impacts allow for land
acquisition. However, operational differences exist between both documents as follows:
While the GoK Policy legally allows for land acquisition and thus causes
displacement, the World Bank Safeguards favour a policy of avoidance or
minimization of involuntary resettlement and design appropriate mitigation
provision in case avoidance or minimization is not possible.
While the Kenyan system has no provision for resettlement and actually allows
for compensation for land at market rates, the World Bank‘s Operational Policy-
OP 4.12 emphasizes that affected people be provided with compensation at
replacement cost and supported during the transitional period to improve or at
least restore their living standards to pre-displacement levels.
The Kenya system recognizes only title holders as bonafide property owners
while under OP 4.12, lack of legal title is no bar in extending assistance and
support to those affected by the investments.
While the Kenyan system recommends cash Compensation based on market value
for structures the OP 4.12 recommends in-kind compensation or cash
compensation at full replacement cost including labour and relocation expenses,
prior to displacement.
The RAP has been developed according to the legislative and regulatory framework of the
Republic of Kenya and the World Bank operational Policy (O.P.) 4.12 Involuntary
36
Resettlement. Where there are gaps between the country legal and regulatory framework and
the O.P. 4.12 the provisions of the latter shall prevail.
4.4 MITIGATION FOR THE GAPS
This RAP recognizes both provisions of the GoK on land acquisition as stated in the
constitution and its legal provisions and the policy provisions of the World Bank (as provided
in OP 4.12). Where there are gaps between the World Bank Policies and Kenyan Laws, those
of the Bank shall take precedence. The compensation package shall include a 15% mark-up
to cater for involuntary acquisition in line with OP 4.12.
37
5 COMMUNITY PARTICIPATION AND CONSULTATION
5.1 GOVERNMENT’S POLICY ON COMMUNITY CONSULTATION AND
PARTICIPATION
The Government of Kenya‘s policy on community consultation and participation is to involve
communities in policy formulation and implementation at the local level. More specifically,
the Community Action Planning Programme‘s objective as stipulated under World Bank
Safety Policies is to put in place a durable system of intra-community co-operation through
collective action, which creates communal discussion forums for the implementation of
development activities.
Community consultation and participation ensures that communities and stakeholders are part
and parcel of the proposed developments and in so doing assures the sustainable use of
resources. It has also been demonstrated successfully that projects that go through this
process will acquire high level of acceptance and accrue benefits to a wider section of the
society.
The principles of community engagement should ensure that all stakeholders are consulted
and are effectively involved in a two-way communication with the project sponsors. Special
efforts should be made to consult with women and vulnerable communities.
Public consultations form a useful component for gathering, understanding and establishing
likely impacts of projects determining community and individual preferences and selecting
alternatives. Furthermore, through public participation, it is possible to enhance project
designs and ensure sustainability of the projects. The main objectives of the public
consultation process were to:
(a) Identify the owners of the affected land and to seek their views regarding the affected
land;
(b) Identify any other forms of displacement including social and economic displacement
such as displacement of households; and
(c) Build consensus on the best mode of compensation, resettlement and restoration of
the community and other mitigation measures.
5.2 FRAMEWORK FOR CONSULTATION
A community engagement plan should be developed and should be implemented as a
continuous process in order to engage stakeholders in meaningful consultations about the
project. The concerns and aspirations presented should be addressed and feedback given to
the community members. The information exchanged can help the development and
monitoring of the RAP.
38
The principles of community engagement should ensure that all stakeholders are consulted
and be effectively involved in a two-way communication with the Client/project sponsors.
Special efforts should be made to consult with women and vulnerable communities.
The RAP includes an explicit public information strategy. This includes the use of local
leaders to pass information, conducting public meetings and individual interviews. The
consultation should be preceded by providing all the relevant and accurate information. All
relevant information was disclosed by the proponent to affected persons and communities,
including host communities and they should be involved in decision-making processes
related to resettlement. These disclosure and consultations should continue during the
implementation, monitoring, and evaluation of compensation payment and resettlement to
achieve outcomes that are consistent with the objectives of the OP 4.12 and the Bank‘s
Access to Information policy.
Consultation with different stakeholders should be undertaken through a language and
medium they are comfortable with and in areas where the stakeholders are not comfortable
with the language or do not easily understand the information relied, the Client (KeNHA)
shall take responsibility for simplifying and ensuring that the whole process is understood by
the PAPs, using appropriate methods of communication.
5.3 COMMUNITY PARTICIPATION AND CONSULTATION
The community was involved in the project on a continuous basis with the help of the local
administration consisting of the District Officer, the Chief, the community leadership,
individual property owners and opinion leaders in the community. Public consultation
process included ad hoc roadside interviews, household social and economic surveys using
structured questionnaires duly analysed, PAPs census survey and scheduled public
consultation and participation meetings.
A scheduled public consultation meeting was held on the grounds next to Kogony sub-
location assistant chiefs place on Wednesday, 25th April 2012. The meeting was advertised
through print media, advertised in the local Fm radio (Radio Ramogi) and in writing posted to
the various administration offices in the District, learning institutions, churches and mosques.
Posters were put up along the proposed alignment prior to the dates of the meeting. Another
scheduled meeting was held with the PAPs committee at the Kisumu East chief‘s offices on
the 19th
April 2012. These meetings were aimed at sensitizing the community about the
proposed project.
Individual consultations with PAPs were undertaken together with the census survey from
2nd to 16th March 2012 and from 14th to 28th April 2012.
The community and the respective property owners welcomed the project but sought an
assurance that those affected will be adequately and promptly compensated. Issues discussed
in the meeting(s) on the RAP process included:
Effects of project on properties falling within the proposed corridor;
39
Project impacts including displacement of PAPs and environmental concerns on
flora and fauna;
Resettlement and compensation process;
Means of evaluation of compensation;
Cutoff date and eligibility; and
Grievances redress mechanism.
The list of those in attendance, the project presentation, minutes and resolutions as well as the
photographs taken during these meetings are attached in the, Appendices.
5.4 CUT-OFF DATE AND ELIGIBILITY
The cut-off date for this project was discussed with stakeholders at the consultative forums
and set as Wednesday 25th April 2012. The cut-off date was established for the purposes of
deterring future development on the proposed road corridor.
The cut-off date has been used to determine the eligibility of the PAPs for compensation and
new inhabitants coming to the project affected areas after this date will not be considered for
compensation.
5.5 SOCIO-ECONOMIC BASELINE SURVEY OF THE AFFECTED
POPULATIONS
5.5.1 THE BASIS OF SOCIO-ECONOMIC SURVEY
A socio-economic survey was carried out to enumerate the PAPs, determine the
compensation package and provide baseline data for future monitoring and evaluation. This
socio-economic survey has been prepared in three stages basing on the following underlying
framework:
(a) Census:
The census of people affected by the project is a key initial stage in the preparation of the
RAP. The census serves six important and interrelated functions:
Identifying key social characteristics of the population such as gender, age,
marital status, household size and level of education;
Enumerating and collecting basic information on the affected population;`
Registering the affected population by residence or locality;
Establishing a list of legitimate beneficiaries before the project‘s onset that
counters spurious claims from those moving into the project area solely in
anticipation of benefits;
Laying a framework for subsequent socioeconomic research needed to establish
fair compensation rates and to design, monitor, and evaluate sustainable income
restoration or development interventions; and
Providing a baseline for monitoring and evaluation.
(b) Inventory of Assets:
The target was to undertake a detailed survey of all losses that will result to each household,
enterprise, or community affected by the project. The survey accounted for land acquisition
40
and loss of physical assets as well as loss of income-either temporary or permanent-resulting
from displacement of household members from employment or income-generating resources
(such as farming areas, residential premises, and business among others). The recording of
the land asset sought to capture data on the size of the land to be lost, the shape of the land,
the productive or carrying capacity of the land, projected land use potential and project the
changing dynamics of land use in the community.
The fixed developments were recorded and classified in terms of size, number and building
materials. The other assets whose inventory was required included standing crops, fences and
gates, water reticulation systems, food storage facilities, animal sheds, monuments, graves
and tombs, religious shrines and many more depending on the community‘s way of life.
Inventory of business assets required to be handled with care and sensitivity to avoid cases of
omitting assets of vulnerable groups such as the disabled, women and the elderly. Individuals
losing their enterprises, employees losing jobs, or vendors losing customers were enumerated,
and the value of these losses incurred during the resettlement period estimated. The
community members were involved at this stage to avoid the case of disputing the inventory
of assets.
(c) Socio-Economic Profiling
Displacement and resettlement is likely to result in loss of livelihoods. This economic loss
must be studied to ensure that the same is captured during the preparation of a compensation
package. In most rural areas and semi-urban (as it is the case for this project), the main source
of livelihood for a household and businessmen is agriculture and entrepreneurship. In
addition, some families (especially those with small land holding) will have a diversified
livelihood strategy that combines agriculture with wage labour and small business
enterprises. It is, therefore, important to survey all income sources in order to calculate
income loss accompanying physical displacement. This requires a detailed economic survey
that seeks to capture household-level income streams and livelihood strategies and the
structure, organizational and economic interdependencies within the larger community
affected by the project. Analysis of this data will help identify those families that are the
highest risk from physical, social and economic displacement.
The three stages – census, asset inventory and economic profiling – were undertaken at the
same time. The purpose of combing the three stages was to ensure that comprehensive
information on the household economic resources (the basis of loss) was captured.
5.5.2 POPULATION DYNAMICS AND HOUSEHOLD CHARACTERISTICS
Of the total sample size, 71% of the respondents were male while 29% were female
71%
29%
41
Figure 5.1: Respondents by sex
Most of the respondents (60%) were married with dependents mostly below the age of 20
years
Figure 5.2: Respondents marital status
The survey showed that majority of the respondents had attained secondary education and
above
Figure 5.3: Respondents level of Education.
Majority of the respondent‘s dependents children were in primary school 61%
Figure 5.5: Respondent’s children level of Education for those under 18 years
0
0.2
0.4
0.6
0.8
Married Unmarried Widow Widower
0
0.05
0.1
0.15
0.2
0.25
0.3
0.35
42
Figure 5.4: Respondent’s children level of Education for those above 18 years
The main socio-economic activities are self-employment 26%, crop farming 21%, formal
employment in government/public sector 17%, and formal employment in private sector
14%. Most of the people that were interviewed were found to be employed either with the
government or private sectors. Most of the agriculture was of subsistence in nature. This was
generally characterized by the engagement in crop production, livestock rearing and
associated activities mainly for own consumption.
Figure 5.5: Occupation of the household head
0%
10%
20%
30%
40%
50%
60%
70%
None Primary Secondary Tertiary colleges and
higher
University
Series1
0%
5%
10%
15%
20%
25%
30%
Series1
43
Figure 5.6: Occupation of the household head
65% of the land is owned by the household head
Figure 5.7: Land ownership
81% of the land parcels had title deeds while 19% had no prove of registration.
Figure 5.8: Prove of Land registration
69% of the affected structures were owned by men, 29% by women while 2% were owned by
learning institutions.
Figure 5.9: Ownership of the affected structures
0% 5%
10% 15% 20% 25%
Less than 18
Years
19-25 years
25-35 years
35-45 years
45- 55 years
over 55
years
65%
21%
9% 5%
Household head
Wife
81%
19%
Have title deed
No title deed
69%
29%
2%
Male
Female
Learning institutions
44
69% of the affected land and structures were owned by men, 29% by women while 2% were
owned by learning institutions.
Most of the affected structures were semi-permanent (42%) while permanent structures were
28% and 30% were semi-permanent structures.
Figure 5.10: Affected Structures
26% of the household had been affected by HIV/AIDS
Figure 5.11: Households affected by HIV/AIDS
The dominant religion is Christianity with 89% of the population professing the faith.
Religion is closely related to the culture of a people and has an effect on their perception
concerning such issues as beliefs and therefore the style of living.
Figure 5.12: Religion of the population
5.6 DEVELOPMENTS ALONG THE PROPOSED EXPANSION CORRIDOR
It was noted that, the area for the proposed road construction is a sparsely occupied and
developed area. The most predominant type of developments are residential and commercial
28%
42%
30%
Permanent
Semi- Permanent
Temporal
26%
48%
26% Yes
No
Don’t Know
89%
11%
Christian
Muslim
45
structures. There are several learning institutions namely Jans academy, Jans senior school,
Salem mixed secondary school, Kanyamoni primary and Uzima university college.
The number of PAPs identified within the proposed road corridor, (comprising of land,
business and structures owners) are summarized in Table 5.1 below
Table 5.1: Summary Number of PAHs and affected Assets
Item Description Disaggregation
1. Number of affected households on the 9 km Mamboleo
to Otonglo and headed by
Male: 174
Female: 87
Institutions 13
Unknown 21
Total 295
2. Affected Land Parcels in Hectares 99 Ha.
3. Number of households whose structures are affected: Male: 136
Female: 65
Learning Institutions 3
Unknown 13
Total: 217
4. Number and Types of Structures affected Permanent 150
Semi-Permanent: 242
Temporary: 165
Total 557
5. Number of Businesses Affected and owned by Male 43
Female 20
Total 63
Source: Field Survey, 2012
There were a total of 295 households affected as shown in table 5.2
Table 5.2: Summary Number of PAHs Identified by name and PAPs
Item Total Number Disaggregation
a Households whose head was identified by name and
the size household established
130 Male 86
Female 41
Institutions 3
Total 130
b Household whose head was identified by name but
whose household size was not established
144 Male 88
Female 46
Institutions 10
Total 144
c Households whose head was not identified by name
nor household size established
21 Unknown
d The total number of households established in
individual parcels of land along the 9 km road
295
e Of the 130 Households in (a) plus the 144 household
heads in (b) the total number of PAPs established
1,441
Source: Field Survey, 2012
46
In each household there was a land owner. There were a total of 1,441 Project affected persons of
which 441were under 18 years of age.
There were a total of 295 land owners affected as follows:-.
Item Total Number Disaggregation
Land owners identified by name
and household size
130 Male 86
Female 41
Institutions 3
Land owners identified by name
but not household size
144 Male 88
Female 46
Institutions 10
Land owners not identified by
name nor household size
21 Unknown
Total 295
Source: Field Survey, 2012
5.7 SUMMARY OF MAIN ISSUES FROM COMMUNITY CONSULTATION
WORKSHOP
The community consultation workshop and socio economic survey revealed a number of key
issues including:
(i) Concern over land compensation: This is clearly critical given the different
constraints that individuals see in the process. These are related to land
documentation, valuation process and approach, ownership and boundary
disputes;
(ii) Cut-off date versus individual activities: The community workshop discussed
the cut-off date and individual‘s use of land. It was agreed that while it may
inconveniencing individuals would only continue with temporary activities in
the areas marked for the road;
(iii) Communication Concerns: This was discussed in detail and appropriate
communication channels agreed on with PAPs Committee being the first stop
for the PAPs;
(iv) Compensation time frame: This also emerged as an important issue among
the PAPs. There was demand to establish how long the project would take to
start and when they would be paid. This was discussed with the representative
of KeNHA giving assurance of the organization‘s commitment to prompt
compensation which was agreed on. The basis of compensation and
entitlement were also discussed under this and agreed on after extensive
discussions; and
(v) Culturally sensitive Issues: In particular was how graves would be treated if
the proposed road passes through a grave. It was discussed and agreed that
47
there will be observance to culture and traditions of the affected persons and
that the project will plan for that;
48
6 INSTITUTIONAL FRAMEWORK AND CAPACITY FOR
RESETTLEMENT
The implementation of the resettlement action plan anticipated in this document is of primary
concern to KeNHA. This calls for an orderly structure for administering the RAP.
International best practice requires that the RAP must identify and provide details on the roles
and responsibilities of all organizations-public or private, governmental or non-governmental
organizations that will be responsible for resettlement activities. The implementation of the
resettlement action plan is the primary concern of implementing agency however, the sponsor
must likewise assess internal organizational capability to steer the implementation of the
resettlement program.
KeNHA has an established Resettlement Unit (RU) whose role is to coordinate, manage, and
monitor the practical day-to-day implementation of all resettlement activities, including
overseeing formation of PAPs committee and participation of project affected persons. Figure
7 1 below shows the structure of the RU.
Figure 7.1: Organisation Structure of KeNHA Resettlement Unit
Team Leader
Manager Environment & Social
Interest
Legal Advisor
Accountant
Building Technician
Sociologist
Land Economist/ Valuer
Highway Engineer
Surveyor
Any Other Specialist if Required
(External/Internal Consultant)
49
KeNHA has gained experience and capacity relating to preparation and implementation of
Resettlement Action Plans for development partner funded projects due to having
implemented several projects involving resettlement.
The consultant proposes positions of Community Liaison Officer and Resettlement Officer to
work under the sociologist. The community liaison officers tasks will include; managing
negotiations with individuals and community groups affected by the project, and facilitating
public meetings and supervise resettlement officers. The resettlement officer roles will
include; providing explanations of compensation policy and resettlement activities, and
monitoring grievances and alert on practical problems.
6.1 ORGANIZATIONAL STRUCTURE
The organizational structure elaborates on the role of various stakeholders in administering
the RAP. It further clarifies the role of PAPs and their responsibility in the exercise in
relation to the stakeholders. Table 6.1 shows the various institutions and their role in the
implementation of the RAP.
The Community Workshop discussed the roles to be played by each stakeholder for the
implementation of the RAP. It was agreed that the various roles be shared as outlined in table
6.1 below.
Table 6-1 Overall Institutional Roles in the RAP Process
Name of Institution Role of Institution
Kenya National Highways Authority, KeNHA, Provide both the financial input into the
resettlement process as well as significant
additional managerial and technical expertise.
Planning and Environment Department, KeNHA, Responsible for day to day coordination and
implementation of the RAP
Ensure that the procedures and requirement of
Kenya laws and OP 4.12 are enforced.
Review the RAP to ensure that all procedures
have been adhered to and there is consistency in
approach between subprojects.
Oversee the implementation of the RAP.
Oversee the formation of Resettlement
Committees
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.
50
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.
Oversee formation of Resettlement Committees,
The Provincial Administration Review and monitoring of the RAP process.
Provide political and administrative support for
implementations of the RAPs
Coordinates grievance mechanisms
Resettlement Committees (made up of Village
elders and selected PAPS representatives, Local
Chief and Assistant Chief, Women
Representatives, Local Political representative
(Councillor), Local District Office)
Act as the voice of those affected
Vetting of PAPs to be resettled,
Validate inventories of PAPs and affected assets,
Monitor disbursement of funds,
Guide and monitor implementation of relocation,
Facilitate conflict resolution and address
grievances,
Provide support and assistance to vulnerable
groups.
Land Adjudication Boards/committees To address conflict and dispute resolution over
land ownership
Land Control Boards/committees Approval of subdivision and transfer of land
titles to PAPs
Ministry of Lands Undertake land expropriation processes and
issuance of titles to resettled PAPs
County Councils Approval of District proposals for relocation
Sites
Ministry of Environment and Natural Resources,
Kenya Forestry Services
Ministry of Road , Ministry of Transport
Non-Governmental Organizations (NGO‘s)
Provision of technical support in resettlement
6.1.1 LOCAL RAP IMPLEMENTATION COMMITTEE
RAP Implementation Committee (RIC) will be formed to ensure a timely accomplishment of
the whole process and further simplifies the role of PAPs and their responsibility in the entire
exercise. The committee shall consist of Government representatives from Roads, Housing,
51
Agriculture, local Administrative Officers, local Community leaders, PAP representative for
each of the business locations and Proponent‘s representatives. The experts in the committee
will include but not limited to the following: Legal Advisor, Surveyor, Highways Engineer,
Sociologist, Environmental Expert, Community Liaison Officer, Database Officer, NEMA
Officer and KeNHA Representative and Registered Valuer.
The committee‘s roles include resettlement and compensation, ensuring promotion to address
grievances and ensuring continuous communication between the PAPs and other
stakeholders.
6.1.1.1 Responsibilities of the RAP Implementation Committee (RIC)
The RAP implementation committee will set out the framework for policies, principles,
institutional arrangements schedules, and other indicative budgets to facilitate the project
resettlement process. It shall;
Verify business ownership for compensation purposes
Resettlement and compensation on the ground
Linking the PAPs to other stakeholders
Create awareness on resettlement options and identify alternative markets or sites
for relocation;
Ensure displaced persons are informed about their options and rights pertaining to
resettlement, offered choices and provided with alternatives;
Provide prompt compensation at full replacement cost for losses of assets
attributable directly to the project; offer support after displacement, for a
transition period, based on a reasonable estimate of the time likely/to be needed to
restore their livelihood and standards of living;
Provide development assistance in addition to compensation measures;
Compute the Actual number of persons to be resettled;
Conduct resettlement and monitor progress of resettled persons.
It should be noted that these will be discussed during the detailed action planning workshop
and community feedback workshop.
6.1.1.2 Community Consultation
Community consultation was undertaken with the affected communities. The outcome of the
community consultation undertaken indicated that initially, the PAPs were not sure of the
final alignment proposed as the road project but were however made aware of the final
alignment during the consultation and accepted the project. The community will be
continuously consulted during the implementation of the project.
Generally the community consultation process will be on a continuous basis through all the
project phases to enhance community ownership and support to the project. Though the
community consultation process had started from the pre-design phase when the RAP study
was being carried out by the consultant, they will also be further consultation during detailed
design of the road project.
The community consultations will involve the local administration and will be undertaken
through public meetings/ barazas. During these meetings the PAPs will be informed of the
52
results of the survey findings and plans for the area including actual date of compensation,
notice periods and demolitions. These consultative meetings should include all stakeholders.
Consultation and grievance redress will also be an ongoing process.
6.1.2 COMPENSATION OF THE PAPS
Compensation to PAPs is a pre-construction activity and shall be done before relocation
commences. This will be done at either the KeNHA 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 relocation exercise commences, so as
to allow relocation and salvage of necessary asset by the PAPs. Renters shall likewise be
given similar notice before actual relocation.
6.1.3 CAPACITY/RESPONSIBILITY OF RESETTLEMENT UNIT, RU
The RU will be responsible for the following:
Ensure maximum participation of the affected people in the planning of their own
resettlement and post resettlement circumstances.
Oversee the formation of PAP Committee (PC)
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.
Ensure that the affected peoples receive their compensation in terms of 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
Oversee the implementation of the RAP
53
7 IDENTIFICATION OF PROJECT AFFECTED PERSONS (PAPS)
7.1 DEFINITION OF PROJECT AFFECTED PERSONS (PAPS)
A Project-affected person is any person who, as a result of the implementation of a 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. This study focused on the people
who, as the consequence of the Kisumu towns Roads Project, stand to lose all or part of their
physical and non-physical assets, including homes, productive lands, resources such as crops,
fruit trees, commercial properties such as shops, kiosks or temporary structures, tenancy,
income-earning opportunities, and social and cultural networks and activities.
7.2 THE PROCESS OF IDENTIFICATION
Resettlement planning involves more than simple cadastral surveys or inventories of affected
assets. The ultimate goal of a RAP is to enable those displaced by a project to improve their
standard of living—a goal that requires an examination of social, environmental, and
economic conditions beyond simple physical inventories.
The RAP must identify all people affected by the project and all adverse impacts on their
livelihoods associated with the project‘s land acquisition. Typical effects include breakup of
communities and social support networks; loss of dwellings, farm buildings, and other
structures (wells, boreholes, irrigation works, and fencing), agricultural land, trees, and
standing crops; impeded or lost access to community resources such as water sources,
pasture, forest and woodland, medicinal plants, game animals, or fisheries; loss of business;
loss of access to public infrastructure or services; and reduced income resulting from these
losses.
Consultations were held with officials of local government, community leaders, and other
representatives of the affected population so as to gain a comprehensive understanding of the
types and degrees of adverse project effects. The project team discussed plans for a census
and registration program with the District Commissioners in charge of Kisumu North; Chief
(and their assistants) in charge of the locations traversed by the project roads; local leaders
and representatives of community-based organizations. The team also received briefing from
the Resident Engineer, the project surveyor and KeNHA officials regarding the existing road
reserves and the extent of the corridor for planned road improvements.
The following general steps were undertaken in the process of identifying the Project
Affected Persons (PAPS):
Step 1: Mapping—Maps for the project roads were acquired from the Ministry of lands
offices as well as land acquisition map from KenHA. This being a Linear resettlement
Project (Linear resettlement describes projects having linear patterns of land acquisition such
54
as highways, railways, canals, and power transmission lines), the acquired maps identified the
project roads and the adjacent individual affected households.
Step 2: Census— The census of people affected by the project was a key initial stage in the
preparation of the RAP. The census serves five important and interrelated functions:
Enumerating and collecting basic information on the affected population;
Registering the affected population by residence or locality;
Establishing a list of legitimate beneficiaries before the project‘s onset that
counters spurious claims from those moving into the project area solely in
anticipation of benefits;
Laying a framework for subsequent socioeconomic research needed to establish
fair compensation rates and to design, monitor, and evaluate sustainable income
restoration or development interventions; and
Providing a baseline for monitoring and evaluation.
A census survey of the people affected by the project was conducted between 2rd March
2012 and 16th
March 2012 and the second phase of the census exercises started 14th
April to
28th
April 2012. In the second phase of the census exercise there was a community workshop
involving all project affected persons and other stakeholders. In addition, there was a
committee briefing session.
In addition, the census encompassed all people adversely affected by the project, regardless
of their legal status; land ownerships, holder of land rights, tenant, illegal squatter—or
whether they are actually living on an affected site at the time of the census. Private
landowners and holders of rights to land as well as any person currently occupying public or
private land for shelter, business purposes, or other sources of livelihood (caretakers,
squatters) were included in the census.
7.3 CUT-OFF DATES:
During the community workshops the Cut-off date was announced as 25th
April, 2012, this
will be useful in establishing the non-land assets that will qualify for compensation, and help
discourage attempts to abuse the mitigation policies by defrauding the project. This is the
dates on which censuses of the affected persons and their assets are taken. No assets will
qualify for compensation unless they will have been identified to have been existing on the
ground by the cut-off dates.
7.4 BENEFICIARY CAPPING
There is room to accommodate individuals or groups who were not present at the time of
registration but who have a legitimate claim to membership in the affected community. Such
groups might include absent land owners and those who have recently bought sub-divisions.
The community elected committees will further assist in identifying the persons and
confirming their eligibility.
A list of the project affected persons identified is given in the appendices. However, this is
not the final list since, we anticipate that several affected persons may not be on the list yet
55
and still be included. We anticipate that towards completion of the preparation of the RAP we
shall have included all affected persons.
8 VALUATION OF ASSETS, COMPENSATION, RESETTLEMENT
AND ENTITLEMENT
An inventory of losses accounts for the loss of physical assets as well as the loss of income
either temporary or permanent. The following are the types of losses which were identified
for compensation/assistance:
(i) Land of all kinds,
(ii) All non-land assets, such as houses/structures, trees, crops and other immovable
assets, that are situated on the acquired land,
(iii) Physical relocation in cases of homestead loss,
(iv) Temporary income, loss by business operators and their employees,
(v) Loss of rental income from houses/structures built on acquired private land, and
(vi) Loss of use of vested and non-resident properties, which are not under lease.
No compensation will however be paid for
i. Equipment, machinery or parts thereof, which can be dismantled and moved away
intact,
ii. Loss of use vested and non-resident properties under lease, and
iii. Loss of rental income from houses/structures built on public land.
The Entitlement Policy Matrix will provide definitions of the entitlements and the entitled
persons, application guidelines and the organizations responsible to implement them.
8.1 METHODOLOGY USED FOR VALUING LOSSES
A census survey of all losses that will result for each household, enterprise, or community
affected by the project was conducted. The survey took account of land acquisition and loss
of physical assets as well as loss of income either temporary or permanent resulting from
displacement of household members from employment or income-generating Assets held
collectively, such as church or other community structures were recorded separately. At the
time of conducting an inventory of affected assets, consultations were held with affected
people during this step to develop a reasonable consensus on the methods and formulas for
assigning value to lost assets and income forgone during resettlement. For instance vendors
were queried on their average earnings so as to estimate the magnitude of their potential
losses due to the relocation of their business structures.
Land loses by the project affected persons is mostly limited to the potential acquisition of a
110 metres wide reserve A number of land parcels abutting the proposed road reserve have
been curved out of previous titles and acquired by new owners who are yet to obtain title
56
deeds for the same. Some family land has also been subdivided but this is not reflected in the
current land title deeds. The available cadastral survey maps demarcating land ownership
and classification may be out-dated and no longer accurate. For this reason, there is need to
undertake independent surveys to ensure the accuracy and equitable payment of
compensation claims to current land parcel owners.
Houses and associated structures; dwellings, separate kitchens, toilets, storerooms, were
classified by construction materials (timber, iron sheets, brick and mortar, concrete, palm
leaves mats, earth). All structures were included in the inventory regardless of whether they
are inhabited by the owners or rented out to third parties.
Private enterprises; Shops, other business establishments were also surveyed and recorded.
These were classified according to ownership (private business, public enterprise, joint
venture, etc.). Individuals losing their enterprises, employees losing jobs, or vendors losing
customers were enumerated and the value of these losses incurred during the roads
improvement project estimated.
Other private physical assets; including non-moveable assets such as standing crops,
fruit and fodder trees, firewood and timber woodlots, fencing, wells, and graves or tombs
were taken into consideration. Also considered for the inventory were public structures
including schools, clinics, meeting halls, and places of worship. The enumerators were also
on the lookout for cultural property such as archeological sites, burial grounds, monuments,
shrines, and places of worship, artifacts, and sites of religious or historical significance.
8.2 DESCRIPTION OF PROPOSED TYPES AND LEVELS OF COMPENSATION
Following the collection of the baseline data, market surveys for structures, land and crops, a
compensation policy framework will be developed providing options for eligible PAPs taking
cognizance of the feedback from the various stakeholders. Meetings will be set up to disclose
the various resettlement and compensations options available for all PAPs. At the meetings
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 PAPs the specific resettlement, rehabilitation, assistance and compensation options
that are applicable to them.
8.3 PRINCIPLES OF COMPENSATION FOR RESETTLEMENT
The following basic principles of resettlement will be adopted for the Project:
1. Involuntary resettlement will be avoided or minimized by identifying possible
alternative project designs and appropriate social, economic, operational and engineering
solutions that have the least impact on the population in the Project area;
2. The people affected by the Project are defined as those who may stand to lose, as
consequence of the Project, all or part of their assets which includes homes, productive lands,
commercial properties, tenancies, income earning opportunities, social and cultural activities
57
and infrastructure together with any other losses that may be identified in the resettlement
planning;
3. Neither lack of legal rights to the assets lost, tenure status, nor social or economic
status shall bar the affected person from entitlement to the compensation and rehabilitation
objectives and measures outlined in the RAP;
4. The cut-off date for eligibility for compensation for physical assets affected by
Project activities such as the construction of the interchange will be the date of completion of
the detailed measurement survey and census after the detailed design has been completed
for these components;
5. All PAPs will be entitled to be compensated at replacement cost at current market
value for affected assets, incomes and businesses; all severely affected PAPs will also be
provided with transitional assistance and income restoration and other rehabilitation
assistance which will be sufficient to improve or at least restore their pre-project living
standards, income levels and productive capacity;
6. After the detailed design has been completed for each of the project components, a
census and socio-economic survey will be conducted as the basis for resettlement planning
and resettlement plan preparation. After the detailed design has been completed for each
component, a detailed measurement survey will be carried out as a basis for compensation;
7. In the event of any population relocation, efforts will be made for existing social and
cultural institutions of the people who are being resettled to be maintained to the greatest
extent possible;
8. Preparation of RAPs, as part of sub-project preparation and implementation, is to be
carried with the full participation of both affected people, as well as representatives of the
local governments of the Project affected areas, community leaders, civil society and social
organizations such as the Women Groups and NGOs
9. Comments, concerns and suggestions of those consulted will be duly taken into
consideration during the design and implementation phase of the resettlement plans
10. Consideration must be given and assistance provided, where necessary, to those most
vulnerable to the adverse impacts of resettlement (including the poorest, female-headed
households, the disabled and elderly with no means of support, and those from minority
groups) to mitigate their hardships and to assist them in improving their livelihoods. Their
needs will be considered in the formulation of the RAP and in the options and mitigation
measures identified;
11. Adequate budgetary support will be fully committed and be made available to cover
the costs of land acquisition and resettlement and rehabilitation within the agreed
implementation period;
58
12. Appropriate reporting, monitoring and evaluation mechanisms will be identified and
set in place as part of the resettlement management system. Monitoring and evaluation of the
land acquisition process and the final outcome will be conducted independently of the
executing agency;
8.4 COMPENSATION ENTITLEMENT
The project recognizes that households falling within a certain threshold due to the land
acquisition process could become more vulnerable than others and may need additional
rehabilitation assistance. Such PAHs or PAPs will be identified as early as possible in the
process and will be provided with additional support, assistance or compensation based on a
reasonable and rational criterion.
In addition, the project will provide land purchase assistance to PAHs and PAPS who want to
use their compensation to buy alternative lands. Costs of registration fees, etc for acquiring
similar land/ structure will be reimbursed on actual costs or fair market value.
The RAP activities that will be undertaken by the project will also be designed and
implemented to contribute additional assistance (transition allowance) to the rehabilitation of
the affected households. The plan will also provide a detailed schedule for the
implementation of the RAP.
Crop compensation will be paid in accordance with fair market value. A survey will
be performed to assess fair market value;
Income restoration should be part of the monitoring programme normally carried out
over a 3 year term with periodic reviews. Specific attention should be given to
requirements of women and vulnerable people and the physical challenged;
Community development plans should form part of the RAP and be investigated as
possible mitigation options when communities are negatively impacted by the project;
and
Consultation and Grievance mechanism will be an ongoing process even after
resettlement to ensure that PAPs do not undergo marginalization due to the project.
Compensation should consider vulnerability of the PAPs and not only the applicable laws of
Kenya but also the World Bank involuntary resettlement guidelines OP. 4.12. The principles
for compensation for this Project are as indicated in table 8.1
Table 8-1 Entitlement Matrix
Agricultural Land
permanently
affected
Land Users with
Legal Rights
Land-for-land of equivalent area and productive capacity at a
location within the same or neighboring community which
is satisfactory to PAPs
Cash compensation for loss of land or for portion of acquired
land at full replacement cost at current market value;
Cash compensation for loss of crops and trees at market prices;
and
A rehabilitation package
59
Land-users with
Lease or
Temporary Right
Cash assistance for affected land corresponding to 30 % of the
replacement cost at current market value of the affected
land OR cash compensation for loss of net income for the
remaining leased or assigned period, whichever is higher;
Cash compensation for loss of crops and trees at market prices;
A rehabilitation package
Land-users
without Legal and
Legalizable or
Lease or
Temporary Rights
No compensation for loss of land, but entitled to cash
compensation for loss of crops and trees at market prices
and a rehabilitation package so that their standard of living
will be equal to, or better than, that which they had before
the Project
For agricultural
land that is
temporarily
affected
Land Users with
Legal and
Legalizable
Rights;
No compensation for land if returned to original user. However,
the Project shall pay rent to PAPs during the temporary use
of PAPs‘ land;
Restoration of land to its previous, or better quality, by
providing measures to improve land quality in cases of
land being adversely affected;
Cash compensation for loss of crops and trees at market values
and compensation for loss of net income from subsequent
crops that cannot be planted for the duration of the lease;
Cash compensation for any damage to structures at replacement
cost at current market value and for repairing structures;
and
If the disruption continues for more than six months, PAPs
have an option to continue the temporary use arrangements
or sell the affected land to the Project at full replacement
cost at current market value
Land-users with
Lease or
Temporary Rights;
No compensation for land if returned to original user. However,
the Project shall pay rent to PAPs during the temporary use
of PAPs‘ land;
Cash compensation for loss of crops and trees at market prices
and compensation for loss of net income from subsequent
crops that cannot be planted for the duration of the lease;
Restoration of land to its previous and/or better quality by
providing measures to improve land quality in cases of
land being adversely affected;
Cash compensation for any damage to structures at replacement
cost at current market value and for repairing structures;
Land-users
without Legal and
Legalizable or
Lease or
Temporary Rights;
No compensation for land but entitled to compensation of loss
of standing crops and trees at market values;
Cash compensation for any damage to structures at replacement
cost at current market value and for repairing structures.
Residential and Commercial Land
Permanently
Affected
Residential and/or
Commercial Land
Users with Legal
and Legalizable
Rights
Land for land of equivalent productive capacity at a location
satisfactory to PAPs; OR
Cash compensation for loss of land at full replacement cost at
current market value.
Users with Cash compensation at 30 % of the replacement cost at current
60
with NO structures Temporary or
Lease Rights;
market value of the affected land.
For Permanently
Affected
Residential and/or
Commercial Land
with Structures
Built thereon and
with remaining
Land to Sufficient
to Re-build upon
will be
compensated
Users with Legal
and Legalizable
Rights to the
Affected Land
Cash compensation for land at full replacement cost at current
market value;
Compensation for structures at replacement cost in materials or
cash or a combination of the two, with no deduction for
depreciation or salvageable materials. If partially
affected, cost of repair of the structure in addition to the
materials; and
Transition allowances for severely affected PAPs (transition
subsistence allowance for food, moving incentive
allowance, income transition allowance if businesses are
affected).
Users with
Temporary or
Lease Rights to
the Land, who
have built their
own structures on
the Land.
Cash compensation at 30 % of the replacement cost at current
market value;
Compensation for structures at replacement cost in materials or
cash or a combination of the two, with no deduction for
depreciation or salvageable materials. If partially
affected, cost of repair of property to original or better
condition; and
Transition allowances for severely affected PAPs (transition
subsistence allowance for food, moving incentive
allowance, income transition allowance if businesses are
affected).
Users with No
Rights to the Land
and Who Have
Built their Own
Structures on the
Land
No compensation for land;
Compensation for structures at replacement cost in materials or
cash or a combination of the two, with no deduction for
depreciation or salvageable materials. If partially
affected, cost of repair of property to original or better
condition.
Transition allowances for severely affected PAPs (transition
subsistence allowance for food, moving incentive
allowance, income transition allowance if businesses are
affected).
For Permanently
Affected
Residential and/or
Commercial Land
with Structures
Built thereon and
without remaining
Land Sufficient to
Re-build upon
Users with Legal
and Legalizable
Rights to Land and
Who Own the
Structures
Replacement land on a fully serviced group resettlement site
if available, OR on an individual site and provided with
cash equivalent to 20% of the replacement cost of the
affected land, OR cash equivalent to the full replacement
value of the affected land at current market value; and
Compensation for structures at replacement cost in materials or
cash or a combination of the two, with no deduction for
depreciation or salvageable materials; and
Transition allowances (transition subsistence allowance for
food, materials transport allowance, moving incentive
allowance, income transition allowance if businesses are
affected).advantageous commercial location either at an
individual site or in a market place.
Users with
Temporary or
Lease Rights to
the Land and Who
Cash compensation at 30 % of the replacement cost at current
market value of the affected land; and
Compensation for structures at replacement cost in materials or
cash or a combination of the two, with no deduction for
61
Own the
Structures
depreciation or salvageable materials; and
Transition allowances (transition subsistence allowance for
food, materials transport allowance, moving incentive
allowance, income transition allowance if businesses are
affected).
If businesses are affected, assistance to relocate to an equally
advantageous commercial location either at an individual
site or in a market place.
Users with No
Legal Rights to the
Land and Who
Own the
Structures
No compensation for land but entitled to compensation for
affected structures at full replacement cost at current
market value in materials, cash or a combination of both,
with no deduction for depreciation or salvageable
materials; and
Transition allowances (transition subsistence allowance for
food, materials transport allowance, moving incentive
allowance, income transition allowance if businesses are
affected).
Table: 8-2 Summary of Entitlement Matrix
CATEGORY OF PAHS (Mamboleo to Otonglo) NO OF
HOUSEHOLDS
AFFECTED
ENTITLEMENT
K.Shs.
Category I:
Structures
Owners
Ownership
established as
individual
Female
headed
households
65 175,660,220.00
Male headed 136 201,197,400.00
unknown 13 38,816,630.00
Ownership established as
institutions
3 70,357,200.00
Sub- Total of structure owners 217 593,529,780.00
Category II:
Land Owners
Ownership
established as
individual
Female
headed
households
87 68,407,200.00
Male
headed
household
174 201,197,400.00
unknown 21 118,148,200.00
Ownership established as
institutions
13 8,247,200.00
Sub- Total Cost For Land 295 396,000,000
Category III:
Trees Owners
Ownership
established as
individual
Female
headed
households
38 13,644,000.00
Male
headed
household
110 40,849,600.00
unknown 5 2,500,000.00
Ownership established as
institutions
6 4,508,400.00
62
Sub- Total Cost for trees 159 61,502,000.00
TOTAL ENTITLEMENT 991,091,980.00
8.5 GRIEVANCE REDRESS MECHANISM:
As part of the Project‘s comprehensive Suggestion and Complaints Mechanism (SCM),
KeNHA will establish a grievance redress procedure to deal with various non-legal issues
that may arise during Preparation and Implementation of the Resettlement Action Plan.
These grievances usually involve PAPs or affected assets missed by census/baseline surveys,
and minor disputes concerning co-ownership, co-inheritance, etc of the affected properties. A
Grievance Redress Committee (GRC) at village level will try to resolve such issues amicably
by bringing together the contestants. Decisions made by using this mechanism will be
binding on KeNHA. The GRCs will not provide legal advice to the contestants, and its
proceedings will be recorded and monitored.
During two Community Workshops project affected persons elected committee members
who shall sit in these committees. Already discussions have been held with them regarding
their Terms of References and plans are underway to further help build their capacity to
effectively deal with issues that are likely to emerge with regard to the project. Minutes of the
Community Workshops attached in the appendices highlight some of the main emerging
issues that the new committees will be expected to deal with.
8.5.1 GRIEVANCE REDRESS PROCESS
The grievance framework recommended for this RAP is built on those pre-existing within the
laws of Kenya and the traditional and/or informal mechanisms of the affected community.
The Client is advised to develop a framework containing various support mechanisms for the
resettlement process, such as a resettlement steering committee (RSC), a PAPs committee
(PC) at the project level and project implementing unit (PIU) at the district/divisional level.
This framework is described in the following paragraphs.
The RSC will comprise of the representative of the district administration, all respective
heads of key and relevant Government departments (security, roads, lands, environment and
social services), NGO/CBO council, representatives of the local area members of parliament,
the PAPs representatives and the implementing agency. The District administration
representative will chair the RSC. The role of RSC will be to provide overall leadership of
the resettlement exercise, supervising the resettlement and compensation process and will be
the last point of call in the event of a dispute/grievance or a complaint.
The PIU will include the relevant key stakeholders such as the National Environment
Management Authority (NEMA), Ministry of Lands, Ministry of Gender, Children and Social
Services, District Development Committee and opinion leaders in the project area. The PIU
will complement the role of RSC, by ensuring that the RAP and the compensation package
are implemented to the latter.
63
The PC will be the lowest administrative structure and will comprise of elected
representatives of the PAPs, the community political leadership, the Chief, the Assistant
Chief, the Village Headman and church elders. The PC will confine its mandate to identifying
genuine PAPs, endorsing the general framework for compensation, livelihood improvement
program and community restoration actions and being the first call for complaints.
The first point of call to file a complaint will be the PC. The PC will review the complaint,
deliberate on the same and issue its verdict. If the complainant is not satisfied with the
decision, or if the PC is of the opinion that the matter raised is weighty and beyond its
jurisdiction and capacity, the PC or the complainant will report the matter to the PIU for
resolution within a reasonable time. Thereafter, depending on the aggrieved party, the PIU
can submit the complaint to the Resettlement Steering Committee (RSC), which, if further
disagreement arises, will seek counsel from an inter-ministerial caucus made up of the
Ministry of Lands to intervene and resolve the dispute. If this does not solve the grievance,
the interested PAP will be advised to seek legal advice through the courts of law. These
remedies are also available to the Client.
The above framework can be presented as shown in Figure 8.1 next page.
The grievance handling process should be as expeditious as it can possible be to avoid delay
in the project and delayed compensation. All the PAPs should be encouraged to raise any
emerging issues. However care must be taken to avoid frivolous claims aimed at stalling the
project or extracting unfair compensation.
8.5.2 PAPS PARTICIPATION AND AGREEMENT ON GRIEVANCE PROCESS
The grievances handling process was shared, discussed and agreed with the PAPs during the
census survey and consultations. This was elaborately disclosed during the consultative
meetings where the PAPs opinions/views were responded to by the consultant‘s team and
eventually factored in the overall process. Among views raised included transparency,
accountability and speedy resolution of conflicts during implementation.
64
Figure 8.1: Grievances Handling Process
PAP or community has a complaint
PAPs Committee
(PC)
Project Implementation Unit PIU
PAP CLIENT
Makes a ruling and informs the PAP
Satisfied with Decision
on
NO
NO
Satisfied with
Decision
NO
PIU makes a ruling and informs the PAP, and PC
Satisfied with
Decision
Satisfied with Decision
Resettlement Steering Committee, RSC
RSC consults inter-ministerial caucus, makes decision and
informs the interested parties
NO NO
Satisfied with
Decision
Satisfied with
Decision
NO
COURT OF LAW
The Organs
65
9 MINIMIZATION OF IMPACTS OF RESETTLEMENT ON
LIVELIHOODS
Every year, millions of people around the world are forcibly displaced from their lands,
homes and livelihoods to make way for large-scale development projects. Most often those
who are forced to sacrifice their place on earth for both public and private interests are
amongst the poorest and most vulnerable people in society. They are thus the least equipped
to cope with the challenges of physical, economic and social displacement and are as a result
thrust into even deeper poverty and social exclusion. In the past two decades, development
institutions that finance many of these projects, and many developing country governments,
have stepped up their efforts to mitigate the risks of harmful impacts of development projects
on displaced populations through safeguard policies, legal and regulatory frameworks and
institutional capacity building to ensure better resettlement practices. Despite these efforts,
however, the worldwide resettlement record remains a shameful one of insufficient financing,
poor planning and inadequate implementation, and so these projects generally leave a
disgracing stain on development itself, conflicting with its poverty reduction rationale,
objective and ethic.
Yet, resettlement does not need to lead to development disasters. The Resettlement Plan
preparation was based on meaningful consultation with the affected people on genuine
resettlement options. Moreover, planners and implementing agencies treated the resettlement
as a development opportunity to improve the lives of the affected communities. Indeed, when
resettlement for public development projects is unavoidable, it should be seen as an
opportunity to directly lift affected people out of poverty and ensure that they are among the
prime beneficiaries of the development.
In the case of the development project that is the subject of this report - the expansion and
construction of Kisumu City Roads - this objective is particularly pertinent since the project
is being financed by institutions whose central missions are poverty alleviation: the World
Bank. The importance of recognizing the risks of involuntary resettlement, and avoiding,
minimizing and mitigating these risks so that they do not evolve into development disasters,
is at the heart of the World Bank Involuntary Resettlement Safeguard Policy. It is also
reflected in international law obligations to ensure that the human rights of people affected by
development-induced displacement are fully respected. These obligations became binding
upon the government.
This report presents the findings of research conducted over a period of time in the project
area, on the resettlement process and impacts of the expansion and construction of Kisumu
City roads Project. It also assesses compliance with the applicable policy and legal
instruments, including relevant provisions of international human rights law covenants,
Kenyan law and the WB Policy on Involuntary Resettlement.
The purpose of this report is to place the research findings in the public arena, in the spirit of
rectifying the harms experienced by roads Project-affected households and improving
66
resettlement processes both for this Project and for future projects that require land
acquisition and resettlement. The report includes a number of specific recommendations
toward these ends.
Finally, it is hoped that this report will contribute to a better understanding of why
resettlement should always be a last resort and, if absolutely necessary, implemented in a way
that respects human rights and ensures that harm does not befall the very people who are
most in need of development benefits and least equipped to shoulder its costs.
9.1 MINIMIZING RESETTLEMENT IMPACTS
Efforts have been made to minimize physical displacement and reduce disruption to
livelihoods and daily life. Public consultations with residents, land owners and community
leaders were carried out. Following this, land acquisition requirements have been minimized
to the extent possible and adequate provisions incorporated into the planning and design of
the project to minimize or mitigate any unavoidable impacts. The key design changes by
KeNHA to minimize impact are:
Shifting road alignment and changing road design to avoid displacement of
structures including Learning institutions, sewer line, and religious places;
Allotting plots where households have an existing structure; and
Enabling some of the fully displaced households to remain on, or adjacent to their
original plots by adjusting and negotiating with those who have been allocated
plots in the same area;
Sufficient consideration has been given at this stage of the project preparation to minimize
the adverse impacts on the community in the project area within the limitation of technical
requirement. For the proposed work the following specific measures are taken to minimize
resettlement in this project road.
Accommodating road widening within available right of way (RoW).
Concentric widening to avoid maximum damage;
Saving cultural properties and community structures by adopting suitable
measures; and
Restriction of improvement work within the existing formation width in
congested market places and major settlements.
In this project context, the available right of way (RoW) is insufficient to accommodate the
required widening and strengthening work.
Moreover, several public consultations have been conducted since 2011 after initial planning
started till the approval of land pooling and further onto preparation of the RAP.
Consultations in the form of formal public meetings are in the process to be carried out and
there are ongoing consultations between planners and plot owners.
Mechanisms for disclosure pre- and during implementation
Apart from compensating the PAPs based on their entitlements the following measures will
be taken to minimize displacement during implementation:
67
KeNHA will continue its consultations with the population of the area and in
particular with the locals to disseminate information on the RAP entitlement
package and options for each impact category to PAPs. This will involve
explaining the Entitlement Framework and resettlement options to PAPs and
soliciting their support and co-operation. The process of consultation will be
continued till affected persons are resettled and rehabilitated;
The Executive Summary of the RAP Report including the Entitlement Matrix for
all PAPs will be posted in both English.
Announcements will be made through the radio and local newspapers;
Direct consultations with PAPs especially the vulnerable will be carried through
meetings and focus group discussions;
Comments will be solicited and 2 weeks' notice given for complaints;
Once finalized the RAP will be disclosed and placed in the public domain;
All comments made by the PAPs will be documented in a project register opened
to record such comments and summarized in project monitoring reports;
The RAP reports shall be kept mainly as print documents available in the districts
and with the elected representatives, community leaders and in public libraries so
that PAPs and the general public can access these documents;
The objectives of this campaign are:
To help counter rumours, prevent distress and counter misinformation;
Ensure all questions of PAPs are answered comprehensively by the consultant,
Print and audiovisual materials will be of secondary use in such areas.
68
10 MONITORING AND EVALUATION
Progress and performance of the RAP should be evaluated before, during, and after
implementation. The monitoring should be a systematic evaluation of the activities of the
operation in relation to the specified criteria of the condition of approval. Certain parameters
can be set to determine whether active intervention will become necessary.
10.1 THE OBJECTIVE OF MONITORING AND EVALUATION WILL BE:
To verify that the valuation of assets lost or damaged, and the provision of compensation,
resettlement and other rehabilitation entitlements, has been carried out in accordance with the
resettlement policies
To oversee that the RAP is implemented as designed and approved;
To verify that funds for implementation of the RAP are provided by the Project authorities in
a timely manner and in amounts sufficient for their purposes, and that such funds are used in
accordance with the provisions of the RAP.
10.2 THE MAIN INDICATORS THAT WILL BE MONITORED REGULARLY:
That the entitlements are in accordance with the approved policy and that the assessment of
compensation is carried out in accordance with agreed procedures
Payment of compensation to the PAPs in the various categories is made in accordance with
the level of compensation described in the RAP
Public information and public consultation and grievance procedures are followed as
described in the RAP
Relocation and payment of subsistence and shifting allowances are made in a timely manner
Restoration of affected public facilities and infrastructure are completed prior to construction
10.3 METHODOLOGY
The monitoring agency will employ a combination of regular dialogue, surveys and
observation of the affected communities. The dialogue will provide a forum for affected
parties to air any grievances or complaints that may arise. The survey will provide a more
objective form of progress measurement to complement the more subjective
consultations/dialogue.
10.3.1 DATA COLLECTION
Socio-economics data will be collected among the locals who will be affected by the project
activities to establish how they have coped with the negative impacts and perception of the
mitigating measures of the compensation achieved. The enumerator or research officer will
observe the current asset base (type of the dwelling, number of perennial crops and acreage of
field crops etc) to establish the change. To avoid bias some locals that were not affected by
the negative impacts will be interviewed too.
69
10.3.2 INTERPRETATION OF DATA
Data will be analysed to measure changes in net welfare based on pre-resettlement profile and
post resettlement conditions. The implementing agency should immediately address negative
net welfare.
10.3.3 MONITORING AND EVALUATION OF REPORTS
Post-resettlement monitoring process and outcomes should be reviewed by representatives of
the affected community through PAP Committee and any other authority with verifiable
stakes in the project.
The Monitoring Team will write its reports within a week‘s time of the visit and submit them
to the KeNHA Project Manager and the PAPs Committee. The Monitoring Team will
structure its reporting in conjunction with accepted variables as set out in the table below
Table 10-1: Monitoring Indicators
Subject Indicator Variable
Land Acquisition of or impact
on land
Area of cultivation land acquired for road
developments
Buildings/
Structures
Acquisition of or impact
on buildings
Number, type and size of private buildings acquired
Acquisition of or impact
on other structures
Number, type and size of other private structures
acquired
Trees and
Crops
Acquisition of or impact
on trees
Number and type of trees cut
Destruction of crops Crops destroyed by area, type and ownership
Compensation,
Re-
establishment
and
Rehabilitation
Compensation and re-
establishment of
affected
owners/individuals
Number of homesteads affected (buildings, land,
trees, crops)
Number of owners compensated by type of loss
Amount compensated by type and owner
Number of replacement houses constructed
Size, construction, durability and environmental
suitability of replacement houses
Possession of latrines
Water supply access
Number of replacement businesses constructed
Re-establishment of
community resources
Number of community buildings replaced
Number, type of plants lost
Number of seedlings supplied by type
Number of trees planted
Hazards and
Disturbances
Introduction of nuisance
factors
Number of homesteads affected by hazards and
disturbances from construction (noise levels,
excavations, increased traffic levels)
Social/
Demographic
Changes to access Distance/travel time to nearest water point, school,
health centre, church, shop, village
70
Changes to health status Nutritional status of resettled homestead members
Number of people with disease, by type (STDs,
diarrhoea, malaria, immunizable disease)
Mortality rates
Access to health care services (distance to nearest
facility, cost of services, quality of services)
Utilization of health care services
Disease prevention strategies
Extent of educational programmes
Latrine provision at schools (school child population
per VIP on site)
Homestead earning
capacity
Ownership of capital assets
Ownership of equipment and machinery
Landholding size, area cultivated and production
volume/value, by crop (cash and subsistence crops)
Landholding status (tenure)
Redistribution of cultivation land.
Employment status of economically active members
Earnings/income by source, separating
compensation payments.
Changes to income-earning activities (agriculture,
off-farm) – pre- and post-disturbance
Changes to educational
status
Literacy and educational attainment of homestead
members
School attendance rates (age, gender)
Number, type of educational establishments
Population influx Growth in number and size of settlements, formal
and informal
Growth in market areas
Consultation Consultation programme
operation
Number of grievances registered, by type
Number of grievances resolved Number of cases
referred to court
Training Operation of training
programme
Number of local committee members trained
Number of affected population trained in Project-
related training courses
Management Staffing Number of implementing agencies by function
Number of GoK ministry officials available by
function
Procedures in operation Census and asset verification/quantification
procedures in place
Effectiveness of compensation delivery system
Level of Co-ordination between local community
KeNHA and GoK officials.
71
11 ESTIMATED COSTS AND BUDGET
11.1 GENERAL OVERVIEW
There is always a danger of under budgeting for most involuntary resettlement projects. The
proposed project is a semi-involuntary resettlement and there is high possibility of
underestimating the actual cost of the project. Such an underestimation has the potential to
give rise to grievances, delay and poor score at the stage of monitoring and evaluation.
The budget for this project has been prepared considering the compensation will be in the
form of cash, the time frame, and the grievance redress mechanism among others.
The structures (buildings and fences) have to be compensated on the basis of cost of
replacement with similar or better quality structures. The basis of compensation has been cost
of construction using the official average cost of construction and the World Bank proposed
rates for fences, with an additional 10% inflation.
The administrative expenses will be incurred in implementing the RAP and ensuring full and
meaningful participation of the PAPs. The main sub-items of high expenses are allowances
for grievance redress mechanisms and those that ensure that resistance to the project is
minimized.
The values projected in the budget have been estimated with consideration of the land market
trends in the project area taking into consideration the expected immediate changes in the
short term future. The valuation is based on typical unit rates used by the Ministry of Lands
for acquisition purposes.
72
Table: 11.1 Estimated Compensation Costs
Description Unit Qty Rate Amount (KSh.)
Compensation for the land to be
expropriated for road m2 990,000 400.00 396,000,000.00
Compensation for the structures
on the acquired land to be
demolished Total
Permanent
House
22,000.00/m2
Semi permanent
11,000.00/m2
Temporary
3,500.00/m2
593,529,780
Compensation for affected
trees. 5,000.00 61,502,000.00
Cost of public consultation,
Sensitization, participation and
reviews Lumpsum 1 2,000,000.00 2,000,000.00
Allowances for M + E Lumpsum 1 1,500,000.00 1,500,000.00
Compensation for loss of
Business 800,000.00
Total for RAP
1,055,331,780.00
73
12 IMPLEMENTATION SCHEDULE
Time schedule for the resettlement process is estimated to take nine months. This takes into
account important variables such as resolution of conflicts and grievances; ratification of
compensation packages, payment to PAPs, issue of notices to vacate and monitoring of the
resettlement process. Time schedule and summary of activities is presented in table below
74
Figure 12.1: RAP Implementation Schedule
Activity Description/Justification Month
1
Month
2
Month
3
Month
4
Month
5
Month
6
Month
7
Month
8
Month
9
Month
10
Month
11
Month
12
Month
13
Month
14
Month
15
Month
16
Month
17
Month
18
Constitute the PC
This is a representative of the
PAPs
Appoint RU This is required to steer the project x
Constitute PIU
This is a necessary organ for
dispute resolution
Constitute RSC
This is a necessary organ for
dispute resolution
Engagement with PC and PIU to
accept the RAP and compensation
package
Grievance resolution
To ensure that all complaints are
addressed
Ratification of the compensation
package by RSC
Training of PAPs
Offer to PAPs and attend to the
acceptance of the offers
Ratification of the sale agreement by
RSC and approval by LCB
Payment of compensation
Issue of notice to PAPs to vacate the
land
Monitoring of RAP implementation
75
13 CONCLUSIONS
The assignment promises to present interesting challenges particularly with respect to
definitions on the entitlement, cut off dates and the link with economic benefits resulting
from a project of this nature. It will require us and the KeNHA to approach most of the issues
with open minds. This requires flexibility and patience in from all groups particularly the
implementing agency
76
14 LIST OF REFERENCES
The World Bank Safeguard Policies, 2005
Kenya Gazette supplement Acts 2000, Environmental Management and Coordination Act
Number 8 of 1999. Government Printer, Nairobi
Kenya Gazette Supplement Acts Land Planning Act (Cap. 303) Government Printer, Nairobi
Kenya Gazette Supplement Acts Local Authority Act (Cap. 265) Government Printer
Kenya Gazette Supplement Acts Physical Planning Act, 1999 Government printer, Nairobi
Kenya Gazette supplement Acts The Land Acquisition Act (Cap 295) Government printer,
Nairobi.
Kenya gazette supplement number 56. Environmental Impact Assessment and Audit
Regulations 2003. Government printer, Nairobi
Kenya Gazette supplement Acts The Land Acquisition Act (Cap Cap 288 -Trustland )
Government printer, Nairobi.
Kenya Gazette supplements Acts The Public Roads and Roads of Access Act (Cap 399)
Government printer, Nairobi.
Kenya Gazette supplement Acts The Arbitration Act (2000); Government printer, Nairobi.
Kenya Gazette supplement Acts The Water Act (2002); Government printer, Nairobi.
Kenya Gazette supplement Acts the Way leave Act (Cap 292); Government printer, Nairobi
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