Summary: Resettlement Action Plan for the Thwake Multi- Purpose Dam-Kenya 1. Introduction and Background The proposed Thwake water supply and sanitation Dam is a project conceived and intended to be constructed by the Tanathi Water Service Board through the support of the government, Ministry of Water and Irrigation and African Development Bank (AfDB). The Dam area is spread across the greater lower eastern areas of Makueni, Kathonzweni, Mbooni East and lower Yatta and covers an area of 2,900 Hectares. It’s envisioned to have a potential for water supply for domestic and industrial use, as well as hydropower and irrigation purposes. The Resettlement Action Plan (RAP) covers entire Dam area including the inundation area, buffer zones and areas that will be directly affected by the Dam construction. The total Dam area is 2,900 Hectares. During the ESIA survey, the community engaged in comprehensive discussions on the impacts that would arise from the Dam construction. The community preferred full compensation for all the losses incurred including loss of land, loss of livelihood and relocation disturbance to the relocation new areas. The communities ideally expects positive impacts like improved access to water supply, employment and business opportunities, better infrastructure (roads & power), social amenities, better environment and access to part of the revenue generated from the Dam. The land on which the Dam will be constructed (70%) traverses homesteads, smallholders’ crop cultivation land and grazing land. Subsequently, the main effects of the Dam construction will be land uptake and loss of livelihood. The affected community expects to be compensated and resettled in a manner that restores their livelihoods or improves them from the earlier state. This RAP summary provides the project description; potential impacts, project objectives; legal framework; legislation on land expropriation and compensation; eligibility criteria and entitlement; the institutions for RAP implementation; implementation schedule; grievance redress mechanism; public consultations and community participation; persons affected by the project; socio-economic profile of affected households; fully and partially affected households; vulnerable households; valuation methodology; compensation levels for properties and assets; monitoring and evaluation; RAP implementation cost and RAP disclosure.
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Summary: Resettlement Action Plan for the Thwake Multi- Purpose Dam-Kenya
1. Introduction and Background
The proposed Thwake water supply and sanitation Dam is a project conceived and intended
to be constructed by the Tanathi Water Service Board through the support of the government,
Ministry of Water and Irrigation and African Development Bank (AfDB). The Dam area is
spread across the greater lower eastern areas of Makueni, Kathonzweni, Mbooni East and
lower Yatta and covers an area of 2,900 Hectares. It’s envisioned to have a potential for water
supply for domestic and industrial use, as well as hydropower and irrigation purposes.
The Resettlement Action Plan (RAP) covers entire Dam area including the inundation area,
buffer zones and areas that will be directly affected by the Dam construction. The total Dam
area is 2,900 Hectares.
During the ESIA survey, the community engaged in comprehensive discussions on the
impacts that would arise from the Dam construction. The community preferred full
compensation for all the losses incurred including loss of land, loss of livelihood and
relocation disturbance to the relocation new areas. The communities ideally expects positive
impacts like improved access to water supply, employment and business opportunities, better
infrastructure (roads & power), social amenities, better environment and access to part of the
revenue generated from the Dam. The land on which the Dam will be constructed (70%)
traverses homesteads, smallholders’ crop cultivation land and grazing land. Subsequently, the
main effects of the Dam construction will be land uptake and loss of livelihood. The affected
community expects to be compensated and resettled in a manner that restores their
livelihoods or improves them from the earlier state.
This RAP summary provides the project description; potential impacts, project objectives;
legal framework; legislation on land expropriation and compensation; eligibility criteria and
entitlement; the institutions for RAP implementation; implementation schedule; grievance
redress mechanism; public consultations and community participation; persons affected by
the project; socio-economic profile of affected households; fully and partially affected
households; vulnerable households; valuation methodology; compensation levels for
properties and assets; monitoring and evaluation; RAP implementation cost and RAP
disclosure.
2. Project Description, Project Area and Area of Influence
The Multi-purpose Dam will be constructed in the greater lower eastern areas of Makueni,
Kathonzweni, Mbooni East and lower Yatta. The Dam will cover an area of 2,900 Hectares.
It is envisioned that it will provide water for domestic use (10,565 m3 per day) for the
communities living in Makueni and the neighbouring districts. Other envisioned uses include;
irrigation activities (249,000m3 per day) mainly within Makueni district where water can
easily gravitate and also hydropower generation (2,673,503 M3 per day). In addition to offsite
water use, other uses of the Dam water include; fishing, direct irrigation for small scale food
production, eco-tourism, improved sanitation and hygiene.
3. Potential impacts
The construction of the Dam will impact the lives of the PAPs variously. The negative
impacts include displacement from the catchment area of the proposed Dam, waste
management, loss of productive land, historical and cultural sites like the shrine at the
confluence of Thwake and Athi Rivers and increased local population. It will also lead to
loss of wildlife habitat, indigenous flora and fauna. Other losses include; erosion of
the top soil. There will also be pollutions of soil, dust and water due to oil spills from
heavy machinery. The quality of water downstream will deteriorate. The positive impacts
will include; water supply, irrigation, hydro-power, increased employment
opportunities, increased economic activities, possible eco-tourism and general
development of the area including improved infrastructure.
4. RAP Objective
The main purpose of this Resettlement Action Plan (RAP) was to identify the adverse social
impacts caused by the construction and realization of the Thwake Multi-Purpose Dam and
subsequently suggest the mitigation measures and procedures to be followed. The assessment
was undertaken within the proposed Dam design construction area which is about 2,900
Hectares. The RAP also sought to achieve the objective of quantifying and valuing the
impacts on the project affected persons (PAPs) and properties in order to propose measures
that compensate for such adverse impacts. This RAP covers the entire Dam construction area
of 2,900 Hectares for the proposed Thwake Multi-Purpose Dam in the administrative districts
of Makueni, Kathonzweni, Mbooni East and lower Yatta.
5. Legal Framework
A RAP legal framework describes all laws, decrees, policies and regulations relevant to the
resettlement activities associated with a project. The Kenyan constitution and law has legal
and institutional framework legislation and policies governing land expropriation and
compensation for affected assets. The specific Kenyan law statutes that handle matters of
land and valuation of assets and which shall apply for this RAP land compensation are
Government Lands Act Cap 280, Land Titles Act Cap 282, Registration of Titles Act Cap
281, Land (Group Representatives) Act Cap 287, Trust Land Act Cap 291, Land Acquisition
Act Cap, 295 Registered Land Act Cap 300, water act, Land control Act 302, Agriculture Act
318, Rating Act Cap 657 and the Valuers Act cap 532. These laws and regulations shall
apply in the resettlement, replacement and compensation and are fully elaborated in the main
RAP report.
6. Eligibility Criteria and Entitlement
The Kenyan law will guide the Resettlement framework and plan and will be complemented
by the eligibility criteria contained in the AFDB Involuntary Resettlement Policy (2003) and
the; OP 4.12 of the World Bank’s operational manual. Accordingly, compensation for lost
assets and replacement costs will be made for both titled and untitled land holders and
property owners. In this project the absence of formal titles will not be a barrier to
compensation, resettlement assistance and rehabilitation. All PAPs and organizations losing
land, buildings/houses, crops or sources of income will be compensated or rehabilitated
according to the types and amount of their losses (permanent or temporary) at replacement
cost. All PAPS, legal and illegal, are taken into consideration and accounted for. Also due
compensation will be paid for public utilities and community structures.
Compensation, both small and large amounts, will be paid either in cash or by cheque,
following the agreement with the individual PAPs. Disbursements will be guided by the
project proponent in liaison with the parent ministry or its appointed agent and will take place
in the presence of the compensation committee, county government machineries,
administration as well as the spouse or spouses of the individual PAPs. The cut-off date for
compensation eligibility has been set at 31 December, 2012. A careful count and
identification of the existing properties and affected persons has been conducted together
with local officials and will be re-verified prior to the compensation. The compensation
principles for the various affected population groups are given in the following entitlement
matrix:
Entitlement Matrix
Type of loss
Application Definition of entitled
person
Compensation
policy
Implementation
issues
Permanent loss of
arable land
Arable land located along
the project site
Farmers who have usufruct right
to cultivate the land & physical
present in the project area
-Land for land replacement -If
land is not available in close
proximity provide full
compensation
-Identify arable land close to the
affected community
-List down affected and entitled
households
-Compensate for lost crop as per
the law
Temporary loss of
arable land
Arable land located along
the project site
Farmers who have the right to
cultivate the land
-Provide full compensation
-List down affected and entitled
households
-Rehabilitate land used
temporarily at the end of the
construction period
- Compensate for crop loss from
the temporarily occupied land
Loss of residential
area /house/
Housing structures
located in the site
A person who owns housing
infrastructure
-A person with no formal legal
rights or claim structures
-Full compensation payment to
cover the loss of housing
structure without taking into
consideration depreciation
-Relocate housing structure to a
site which is acceptable to
PAPs
-A list of available structure in
each affected community
-Compensations provided
-If agreement has been reached
on mode of compensation
settlement, provide evidence.
Loss of Rented
Houses
Housing structures
located in the project area
Tenants who have rented houses
in the project area from individual
landlords.
Comparable or better dwelling
house in the project area for
renters (tenants) at same rental
costs and displacement
compensation equivalent to the
-Tenants (renters) will be
compensated inconvenience and
compensation will be paid to them
Loss of commercial
and business
activities
Loss of commercial and
business activities
Owner of the commercial and
business activities who over
operates the business at the site of
the project area
-Full compensation payment to
the owner -Relocate business
or commercial activity to site
acceptable to the affected
persons
-A list of available commercial
institutions in each affected
community
-Compensation provided
-If agreement has been reached on
mode of compensation settlement,
provide evidence
Loss of trees Trees and other plant
species located on the
land for the structure for
the project area, and the
project easement areas
Land owner, concession holder,
squatters, communities who
utilize the land where trees and
other plant species are located
Full compensation payment
based on
type, age and diameter of trees
-Provide equivalent land
nearby for replanting
-Make inventory of trees
-Determine individual need or
compensation volumes
-An assessment for maintaining
that kind of vegetation
-If agreement has been reached
on mode of compensation
settlement, provide evidence
Loss of livelihood for
Vulnerable
households
For loss of farmland,
trees, houses (own or
rented)
Vulnerable households who lose
live farmland and houses
-FHH will be given special
attention and support for the same
benefits as their male counterparts
-Give special support and
assistance
- TAWSB will be responsible
to construct new houses for
vulnerable households and
provide all the other services to
the vulnerable households
- The special support to FHH is
because they lack resources,
educational qualifications, skills,
or work experience compared to
men.
Loss of land or house
Source of income &
livelihood
-PAPs without formal rights for
land (squatters & encroachers)
Provide equivalent land
They may not have other sources
of income or livelihood
Loss of land
Loss of income and
traditional rights
Those persons who do not
physically reside in the project
area but have traditional rights to
the land
Provide equivalent land
Income could be reduced due to
the loss of land
7. Institutions for RAP Implementation
The overall responsibility for the RAP implementation is vested with the Tanathi Water
Services Board through the PAP steering committee. It will be constituted by the following:
National Environmental Management Authority (NEMA) officer
Tanathi Water Services Board (Project Implementation Unit)
Two Project affected people Representatives from each sub-location – to be appointed
by PAPs
Local council representative
Government Valuer
Local area chiefs and sub chiefs
District Land Adjudication and Settlement Officer
District Social Development Officer
RAP Committees will be established in the affected project area at county, district, location,
sub-location and village levels to oversee and guide the day-to-day operations of the RAP.
Tanathi Water Services Board in collaboration with the Makueni county and central
government administration will establish the RAP Committees. The RAP committees will
comprise a representative from provincial administration, 2 representatives from PAPs each
of either gender, a community leader of the PAPs choice and the project proponent agent or
it’s designate. Relocation and compensation will be the major responsibility of the RAP
Committees. To this end, the RAP Committees will prepare a practical relocation and
compensation schedule at the time. Funds for payment of the compensation will be made
available by the proponent. The RAP implementation Committees will prepare monthly and
quarterly progress reports to be delivered to the proponent, other stakeholders, partnering
bodies and government bodies as need be.
8. Implementation Schedule
The prime objective of the RAP is to ensure that compensation for houses and other
properties will be disbursed in time to enable the affected households construct habitable
dwelling houses before demolition commences. A minimum of 1 months and a maximum of
3 months will be available. PAPs indicated that a new house can be built within 1-3 months if
all the materials have been assembled. The RAP Implementation Schedule has made
provision for a series of activities before the Dam construction commences to ensure
adequate PAP participation and consultations are carried out, namely:
Land acquisition for relocation
Compensation to PAP’s
Construction of new houses
Income restoration measures
The Gantt chart below elaborates the water Dam construction for implementing the RAP.
Activities
2013 2014 2015
Quarter Quarter
Quarter
1 2 3 4 1 2 3 4 1 2 3 4
i. Disclosure of RAP
ii. Re-evaluation of assets and
properties
iii. Re activating all the
Committees established
iv. Property valuation committee
reviews
v. Property valuation committee
reviews impacts and costs
vi. The Resettlement /
Implementation committee
conducts education and
awareness creation about RAP
procedures and compensation
payment
vii. PIU carry out Stakeholder
Consultation on the
implementation of the RAP
viii. Compensation payment made
for all affected properties and
assets
ix. Skill training identified &
organized for PAPs that
require skill training
x. Grievance redress committee
addresses complaints and
grievances raised by PAPs and
ensures that appropriates
measures are taken
xi. Monitoring and Evaluation
xii. Preparation of completion
report by all committees and
PIU
9. Grievance Redress Mechanism/ Complaint and Dispute Management Process
It is anticipated that in an operation of this size and scope, there will be emergence of
conflicts and disputes. These will be handled by the RAP team and the PAPs amicably. In
order to prevent or, resolve conflicts amicably, a conflict resolution committees will be
formed at each PAP administrative location consisting of the sub-chief, two PAPs (man and
woman), a community leader of their choice and an agent of the proponent. An overall
arbitration committee will also be set up and used to manage complaints and disputes that
will not have been resolved at the local conflict resolution committee level. The committee
will comprise two representatives from TAWSB, Government offices, the PIU and two
representatives of PAPs. The representation of PAPs in the committees helps to build
confidence in the system.
The Committee will work during the resettlement period and meet as necessary when
convened by its Chair. In the event that the disputes or conflict cannot be resolved at the two
committee’s levels in 30 days, they could proceed to the courts. The following table shows
the standard grievance complains procedure to be used;
PAP AND RAP-C DON’T AGREE: REPORT TO LOCAL DISPUTES COMMITTEE
LOCAL COMMITTEE ATTEMPT TO SORT OUT THE DISAGREEMENT
THE PAP AND RAP-C DON’T AGREE: DISPUTE IS FORWARDED TO
ARBITRAL TRIBUNAL COMMITTEE
THE ARBITRAL TRIBUNAL COMMITTEE HEARS
DISPUTE
DECISION
PAP’S
DECISION
PAP’S
DECISION
NEGOTIATION BETWEEN THE AGGRIEVED PAP AND THE RAP-C