MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND...
Transcript of MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND...
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MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN
DEVELOPMENT
Kenya Informal Settlement Improvement Project (KISIP)
Resettlement Action Plan for Infrastructure Upgrading Projects in Hill School,
Racecourse, and Kimumu Hawaii Informal Settlements, Eldoret Town,
Uasin Gishu County
May 2017
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FACT SHEET
Project Name Kenya Informal Settlements Improvement Project (KISIP)
Assignment Name Consultancy for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements
Lead Implementing Agency
Ministry of Transport, Infrastructure, Housing and Urban Development (MTIH&UD)
Funding Agencies Government of Kenya, World Bank, AFD, SIDA
Consultants GA Consultants, Pamoja Trust and IPE Global
Start Date May 12th 2014
Completion Date May 12th 2015
Team Leader Eng. Sam Kibunja
Deputy Team Leader Eng. Ben Omore
Target settlements • Hill School
• Racecourse
• Kimumu Hawai
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This Resettlement Action Plan (RAP) for Infrastructure Upgrading of Hill School, Racecourse and
Kimumu Hawaii informal settlements located in Eldoret Town Uasin Gishu County. The RAP has
been prepared under Consultancy Services for Socio-economic Surveys, Infrastructure Upgrading
Plans, Engineering Designs, Preparation of Bidding Documents, Environmental Impact
Assessments and Resettlement Action Plans in Informal Settlements by GA Consultants Ltd in
Association with Pamoja Trust and IPE Global on behalf of the Kenya Informal Settlements
Improvement Project (KISIP).
Report Prepared by:
Signed …………….Date…………...............…….
GODWIN LIDAHULI SAKWA
LEAD EXPERT NEMA REG NO. 2492
Checked by:
Full name of Authorized representative:
Signed ……………………………Date………………………….
ENG ELISHA AKETCH
GA CONSULTANTS LIMITED IN ASSOCIATION WITH PAMOJA TRUST & IPE GLOBAL
Client:
Signed …………………………….Date………………………….
KISIP – COORDINATOR
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MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT
(MTIH&UD)
LIST OF ACRONYMS
AFD……………………………… Agence Française de Development
ESIA………………………........... Environmental Social and Impact Assessment
EMSF……………………….......... Environmental and Social Management Framework
CG…………………………............ County Government
CGRC…………………………... Community Grievance Redress Committee
KERRA……………………........... Kenya Rural Roads Authority
KENSUP …………………............ Kenya Slum Upgrading Program
KISIP………………………........... Kenya Informal Settlements Slum Upgrading Project
KURA…………………….............. Kenya Urban Roads Authority
LA …………………………........... Land Act
MTIH&UD ………………………. Ministry of Transport, Infrastructure, Housing and Urban
Development
NLC………………………............ National Land Commission
NEMA…………………….............. National Environment Management Authority
NGO’s………………………......... Non-Governmental Organizations
OP…………………………............ Operations Policy
PAD………………………............. Project Appraisal Document
PAPs ………………………........... Project Affected Persons
PCT……………………………….. Project Coordination Team
RAP………………………............. Resettlement Action Plan
RPF………………………….......... Resettlement Policy Framework
SEC………………………….......... Settlement Executive Committee
SIDA……….……………............. Swedish International Development Cooperation Agency
SWM………………………........... Solid Waste Management
SUP………………………............. Settlement Upgrading Plans
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WB……………………….............. World Bank
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LIST OF TABLES
Table 1-1 Sub Projects and anticipated Resettlement Impacts ..................................................................... 15
Table 2-1: Public Meeting held within the Settlements ................................................................................ 25
Table 2-2: Outcome of Institutional Consultations ........................................................................................ 27
Table 3-1: Relevant Laws Related to Resettlement ....................................................................................... 29
Table 3-2: Statutory Institutions with Roles in the RAP process ................................................................... 33
Table 4.2-2; Level of Education of the Household Members – Hill School .................................................... 37
Table 4.2-6 Monthly Household Income –Hill School .................................................................................... 38
Table 4.2-9 Main Activity of Adults (18 years and above) – Hill School ......................................................... 39
Table 4.3-1; Composition of Sample Households – Racecourse .................................................................... 40
Table 4.3-4; Level of Education of the Household Members – Racecourse .................................................. 40
Table 4.3-6; Monthly Household Income – Racecourse ................................................................................ 41
Table 4.3-7; Monthly Per Capita Expenditure of households– Racecourse ................................................... 41
1.1.1.1 Table 7.7: Monthly Per Capita Expenditure of Households – Race Course ................................... 41
Table 4.3-9; Main Activity of Adults (18 years and above) – Racecourse ...................................................... 42
Table 5-1 Type and Numbers of Structures ................................................................................................... 44
Table 5-3 Project Affected Persons losing Income ........................................................................................ 48
Table 5-4 Project Affected Persons per Settlement ...................................................................................... 49
Table 6-1: Entitlement Matrix ........................................................................................................................ 54
Table 8-1: RAP Monitoring Plan ..................................................................................................................... 61
Table 9-1: Statutory Institutions with Roles in the RAP process ................................................................... 68
Table 9-2: RAP Implementation Schedule ..................................................................................................... 71
Table 10-1 RAP Estimate Budget ................................................................................................................... 72
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LIST OF FIGURES
Figure 4.2: Map of the four Target Settlements in the Eldoret Town ........................................................... 35
Figure 5-1: Materials of structures ................................................................................................................ 45
Figure 5-2 Ownership of the structures ......................................................................................................... 45
Figure 5-3 Type of common business in the Settlements .............................................................................. 48
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EXECUTIVE SUMMARY
The Ministry of Transport, Infrastructure, Housing and Urban Development (MTIH&UD) is
implementing the Kenya Informal Settlements Improvement Project (KISIP) in 14 counties. Uasin
Gishu is one of the Counties chosen to participate in the Project. The Project is jointly financed by
the World Bank, the Swedish International Development Agency (SIDA), the French Agency for
Development (AFD), and the Government of Kenya (GoK). The Project’s development objective is
to improve the living condition of people living in the informal settlements through securing land
tenure and provision of infrastructure and services.
In Uasin Gishu (Eldoret town), KISIP has proposed to implement infrastructure improvement
projects in three informal settlements namely, Hill School, Racecourse and Kimumu Hawai. The
type of infrastructure that will be implemented in the settlements include: roads and drainage;
water and sewerage; and flood lighting. These projects will be responding to the current
challenges within the settlements as identified and prioritized through community consultation.
The socio-economic studies, feasibility studies, and detailed engineering designs have been
completed.
The Resettlement Action Plan (RAP) prepared for the Projects established that implementation of
the proposed Projects will trigger minor displacement of assets and livelihoods. However, no
private land will be expropriated as all the affected assets are encroachments on designated
public way leaves. This Resettlement Action Plan (RAP) has been prepared in conformity with the
World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), and the Project’s
Resettlement Policy Framework (RPF).
The preparation of this RAP involved review of key documents including the Project Appraisal
Document (PAD), Resettlement Policy Framework (RPF), a separate socio-economic survey report
for the settlements prepared during project conceptualization, the survey plans, and Physical
Development Plans (PDPs). Moreover, the methodology also involved field work; consultations
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with the community, project affected persons, and other stakeholders; socio-economic survey of
the PAPs, census of affected assets and persons; valuation; and preparation of PAP registers.
Consultations with the PAPs have been undertaken to discuss and agree on the mitigation
options. The PAPs recognize that they illegally occupy land reserved for infrastructure
development particularly roads and are willing to remove their structures and temporal
businesses to pave way for the project. The population affected by this project includes people
occupying land on the road reserve in violation of Kenyan laws. These groups of people; who are
often referred to as encroachers, are not entitled to compensation for loss of land under both the
OP 4.12 and the Government of Kenya laws. However, they are entitled to compensation for any
improvements made to the land as well as to resettlement assistance to an area where they can
live legally if they occupied the project area before an established cut-off date.
A census and socio-economic survey of the Project-Affected Persons (PAPs) was undertaken and
a PAP Register prepared. A total of 187 persons will be affected by the project distributed as
follows: Hill School (102), Racecourse (13) and Kimumu Hawaii (72). 1 of the PAPs was identified
as vulnerable, is elderly and mentally challenged.
The kinds of losses identified were temporary structures, house extensions erected on way
leaves, and temporary market stalls and kiosks. In addition, livelihood losses have been identified
for traders who sell their wares on the road corridors and will move to alternative sites. The
floodlights will be placed on public land that is available and drainage runs parallel to the roads
being upgraded, so there will be no additional displacement impacts.
A valuation of the affected assets and livelihoods has been undertaken and an entitlement matrix
and compensation package proposed in this RAP. The RAP proposes the settlement of
compensation and resettlement assistance before the commencement of the project.
Approximately Kshs. 5,915,090.00 has been provided as a budget to implement the RAP.
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The project will not result in large scale disruptions of livelihoods and displacement as it is
upgrading existing infrastructure (roads and drainage), and the design follows the designated way
leaves. It will not result in loss of land and the need to compulsorily acquire private land. The
positive impact is that the construction of the proposed infrastructure (roads, drainage, security
lighting and water and sewerage) will greatly improve the living conditions of the inhabitants in
all the four settlements. With the implementation of mitigation measures, including those
proposed in this RAP, the overall social impacts of the project will be minimal. The project will
also offer significant socioeconomic opportunities for communities and the population of the
area.
In line with the World Bank safeguard requirements, this RAP will also be publicly disclosed in
community meetings in the settlements, the Ministry’s website, and the Bank’s info shop. Copies
will be made available to the settlement Executive Committees, and KISIP County offices, as well
as to the Resident Engineer.
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TABLE OF CONTENTS
FACT SHEET .....................................................................................................................................2
LIST OF ACRONYMS ........................................................................................................................4
LIST OF TABLES ................................................................................................................................6
EXECUTIVE SUMMARY ....................................................................................................................8
1.0 INTRODUCTION .......................................................................................................................13
1.1 Background ................................................................................................................................ 13
1.2 Project Description ..................................................................................................................... 14
1.3 Project Impacts .......................................................................................................................... 16
1.4 Statement of the Problem and Need for RAP ............................................................................ 16
1.7 Minimizing Impacts of Resettlement ............................................................................................... 18
2.0 THE RAP PROCESS ..............................................................................................................20
2.1 Introduction ............................................................................................................................... 20
2.2 Approach and Methodology ...................................................................................................... 21
2.3 Valuation of Assets and Livelihoods................................................................................................. 27
3.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ..............................................................29
3.1 Applicable GoK Policy and Legal Framework ................................................................................... 29
3.2 World Bank Safeguard Policies ........................................................................................................ 30
3.3 Gaps between OP 4.12 and GoK Policies ......................................................................................... 32
3.4 Institutional Responsibilities for RAP Implementation .................................................................... 33
4.0 SOCIO - ECONOMIC BASELINE ................................................................................................35
4.2 Hill school and Kimumu Hawai ................................................................................................... 36
4.3 Racecourse ................................................................................................................................. 39
5.0 RESETTLEMENT IMPACTS AND MITIGATION .........................................................................43
5.1 Type of Losses .................................................................................................................................. 43
5.2 Number of Project Affected Persons (PAPs) and Assets Affected ............................................. 48
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6.0 COMPENSATION AND RESETTLEMENT ASSISTANCE ........................................................50
6.1 Eligibility Criteria ........................................................................................................................ 50
6.1.4 Notification ............................................................................................................................ 52
6..1.5 Payment of Compensation..................................................................................................... 53
7.0 GRIEVANCE MANAGEMENT & REDRESS ................................................................................56
7.1 Grievances and Disputes .................................................................................................................. 56
7.2 Management Mechanism ................................................................................................................ 56
8.0 MONITORING AND COMPLETION AUDIT ..............................................................................60
8.1 Introduction ..................................................................................................................................... 60
8.2 Monitoring of Evaluation framework .............................................................................................. 61
8.3 RAP Monitoring Framework ............................................................................................................ 62
8.4 Resettlement Completion Audit ...................................................................................................... 63
9.0 IMPLEMENTATION OF THE RAP AND INSTITUTIONAL ORGANIZATION ..............................65
9.1 Project Management at Ministry level ............................................................................................ 65
9.2 The Project Coordinator (PC) ........................................................................................................... 65
9.3 KISIP Project Coordination Team ..................................................................................................... 65
9.4 RAP Implementing Committee ........................................................................................................ 66
9.5 County Project KISIP Teams ............................................................................................................. 67
9.6 Other Institutional Responsibilities for RAP Implementation ......................................................... 68
9.7 Disclosures of RAP ............................................................................................................................ 69
9.8 RAP Implementation Schedule ........................................................................................................ 70
10 BUDGET ....................................................................................................................................72
10.1 Budget ............................................................................................................................................ 72
APPENDICES: ............................................................................................................................73
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1.0 INTRODUCTION
1.1 Background
The Kenya Informal Settlements Project (KISIP) is a five year-project of the Government of Kenya
(GoK), with support from the World Bank, through The International Development Association
(IDA), the Swedish International Development Cooperation Agency (SIDA) and the Agence
Française de Development (AFD). The overall project development objective is to improve living
conditions of people living in informal settlements by improving security of land tenure and
investing in infrastructure based on plans developed in consultation with communities.
KISIP is housed by Ministry of Infrastructure, Transport, Housing and Urban Development and
implemented in close partnership with the 14 participating Counties of Uasin Gishu (Eldoret),
Embu, Garissa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Kilifi (Malindi), Mombasa, Nairobi,
Nakuru (Naivasha and Nakuru), Nyeri and Kiambu (Thika); selected on the basis of agreed criteria.
The KISIP is desirous to ensure that environmental and social issues are adequately identified and
addressed in all its components and, in particular, for infrastructure investments. To achieve this,
an Environment and Social Management Framework (ESMF) and Resettlement Policy Framework
(RPF) were prepared and approved prior to financing. The key objective of the ESMF and RPF is to
provide a framework for the systematic and effective identification and management of
environmental and social issues for KISIP. The ESMF provides guidance on the integrating of
environmental issues into project design and implementation, while the RPF provides guidance
on mitigating the likely impacts associated with land acquisition and displacement. The ESMF and
RPF form part of the financing agreement between the World Bank and the Government of
Kenya.
Component three of KISIP supports investment in settlement infrastructure, such as roads,
bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste
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management, storm water drainage, water and sanitation systems, public parks and green
spaces.
A joint venture between GA Consultants, Pamoja Trust, and IPE Global Ltd, have been contracted
under the Consultancy services for socio-economic surveys, infrastructure upgrading plans,
detailed engineering designs, preparation of bidding documents, Environmental Impact
Assessment, and preparation of Resettlement Action Plans, in selected informal settlements, in
Uasin Gishu County (Eldoret Town).
Prior to the undertaking of this RAP, the proposed projects were screened for both
environmental and social impacts. The purpose of the screening was to determine the nature and
magnitude of the potential impacts on the environment, people and livelihoods; and determine
the level of environmental and social assessment required.
The screening identified limited displacement of structures built on the way leaves and likely
temporal livelihood disturbance as potential impacts. This RAP has been prepared in conformity
with the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), the
Resettlement Policy Framework (RPF), the 1999 Environmental Management and Coordination
Act, and other Government of Kenya policies and laws dealing with resettlement issues, to ensure
that project affected persons are identified and assisted to mitigate against any potential loss.
1.2 Project Description
According to the Project Appraisal Document (PAD), the menu of eligible projects that can be
financed under KISIP are: roads, bicycle paths, pedestrian walkways, street and security lighting,
vending platforms, solid waste management, storm water drainage, water and sanitation
systems, public parks and green spaces.
The communities in the three (3) settlements were involved in the identification and
prioritization projects from the menu of the projects provided in the PAD. Moreover,
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communities were consulted and participated during the socio-economic surveys, conceptual
designs, and the development of settlement upgrading plans. During these consultations, the
likely impacts of the proposed projects were discussed and informed the prioritization process.
Such impacts included both positive and negative environmental and social impacts.
The following Table (Table 1-1) shows the prioritized and proposed projects and potential
resettlement impacts.
Table 1-1 Sub Projects and anticipated Resettlement Impacts
No Project Description Resettlement Impacts
1 Roads and Drainage
The project will involve is upgrading existing roads to bitumen standards The roads have been designed to follow designated way leaves on physical development plans (PDPs). Hill School: 1709m of RI and 1054m of R2 roads, the roads are; Teleview to Elgon View, Starehe to Elgon View and Kisumu road through to Elgon View. R2 roads are Biashara, Mathare and Bondeni roads Racecourse: Total of 2705m R1 and 2752m of R2 roads including Chinese to Cardoctor and Jumbo to Naftalis and for R2 roads included Church to Oletebes Kimumu Hawai: 3124mR1 and 3313m of R2 roads, the roads are Ngenyilel, Canaan, Peris and Sinai roads for R1 while R2 roads are Bellways, Living Faith, Mama lala, Cheruyot and Nderitu
There will be no cases of acquisition of private land since the roads already exist. Relocation impacts limited to mostly temporal structures encroaching onto road reserve. No populations will be displaced from the settlements Some informal businesses along the road corridors may be temporarily affected.
2 Water and Sewerage
Designed to follow road reserve land and in some cases existing similar infrastructure. Hence no cases of acquisition of private land Hill School; 1709m of sewer line of 300mm and 5800m of 200mm
There will be no acquisition of private land and therefore nobody will lose land. Relocation issues limited to encroached structures which will have to be removed.
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within the settlement
Kimumu Hawai: 1709m of sewer line of 300mm within the settlement Racecourse 8657m of sewer line of 300mm within the settlement
Some informal businesses may be temporarily affected.
3 Flood lights
All proposed to be constructed on public land within the settlements Hill school: 30m height 3number Kimumu Hawai: 30m height 8number Racecourse: 30m height 4number
No cases of displacement.
1.3 Project Impacts
These proposed projects will have the following positive impacts:
• Improve accessibility within the four (4) settlements by upgrading the poor road and
footpath network in the settlements.
• Improve drainage and solve flooding related impacts within the settlements.
• Improve sanitation and solve sanitation related health risks.
• Improve security through security lighting
However, the projects may have limited environment and social negative impacts, which should
be mitigated, these impacts will include removal of structures and businesses located on the way
leaves.
1.4 Statement of the Problem and Need for RAP
Resettlement impacts are anticipated to be quite small in scale occasioned by:
i. Partial demolition of structures to expand / realign road reserves
ii. Reclamation of encroached way-leaves
iii. Displacement of open and mobile shops (kiosks) to expand / realign road reserves,
provide drainage canals, etc.
iv. Removal of structures to create room for trunk infrastructure, such as drainage
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Both the World Bank’s Policy on Involuntary Resettlement (OP 4.12) and the Resettlement Policy
Framework (RPF) require the development and implementation of a Resettlement Action Plan
(RAP) to address any anticipated displacement impacts of a Bank-financed project. Moreover, the
Environmental Management and Coordination Act, 1999, provides for a RAP whenever
displacement is identified as an impact during Environmental Impact Assessment (EIA).
1.5 Objectives of RAP
The objective of this RAP is to clarify the principles and procedures that will govern the mitigation
of adverse social impacts induced by the proposed projects. Specifically, the RAP is designed to
ensure that:
i. All types of losses are identified, clearly defined and properly categorized to reflect the
nature and scope of the loss.
ii. A standard or measure for defining eligibility and entitlement in order to have a fair basis
for assessing compensation for the loss or impact suffered.
iii. Compliance with provisions of Kenyan Laws and World Bank Operational Policies (OP 4.12,
paragraph 2(b)): that resettlement activity shall be conceived and executed as
development programs, providing sufficient investment resources to enable the PAPs to
share in project benefits.
iv. Affected persons will be compensated for their losses at full replacement cost and
provided assistance for disturbance prior to the beginning of civil works.
v. A comprehensive database, based on which values will be assessed, validated in the event
of disputes and, more importantly, serve as the database for monitoring and evaluation of
the resettlement instrument.
vi. The PAPs will be consulted and given the opportunity of participating in the design,
implementation and monitoring of the resettlement.
vii. A Grievance & Redress mechanism will be established, to acknowledge and resolve
conflicts arising from Resettlement and Compensation.
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1.6 Scope of the RAP
This RAP contains:
i. A summary description of the Project, including measures to avoid and/or minimize
resettlement
ii. A summary description of the baseline socio-economic conditions in the Project area,
iii. An assessment of the World Bank Policies and Kenyan legal instruments applicable to
displacement and resettlement in the Project,
iv. An assessment of likely displacement impacts,
v. A description of the proposed strategy to deal with displacement impacts,.
vi. Description of Entitlement Eligibility of PAPs and their assets
vii. Estimated Budget for compensation of Affected Assets
viii. Implementation details, which presents the organizational and other arrangements to
implement the mitigations related with physical and economic displacement
ix. Grievance management mechanism
x. Monitoring and Evaluation of RAP during Implementation
1.7 Minimizing Impacts of Resettlement
Efforts have been made to minimize involuntary displacement and relocation of residents. Given
the population density in most of the informal settlements, the proposed infrastructure
investments may impact on people’s assets and sources of livelihoods, therefore the need for
preparation of a Resettlement Action Plan to mitigate the impacts and propose suitable
implementation arrangements. A Resettlement Policy Framework prepared for the project has
been used to guide the preparation of this RAP.
The project design team made deliberate measure to avoid and minimize impacts of the project
activities to people’s assets and sources of livelihoods; this was done at the conceptual stage
during the project development. In order to minimize impacts of the project on people’s assets
and livelihoods, the design team ensured that:
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• All the civil works have been designed within the existing road reserve, this was achieved
by using the Physical Development Plans (PDPs) developed by the by the county
government office of County Physical Planner.
• All Sites for setting up the proposed flood lights are on government land within the
settlements where no one claims ownership, this also was achieved through the use of
Physical Development Plans (PDPs) developed by the by the county government.
• Realignment of the Project Routes in areas where the impact of resettlement is likely to
be more.
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2.0 THE RAP PROCESS
2.1 Introduction
The preparation of this Resettlement Action Plan was guided by the project’s Resettlement Policy
Framework (RFP). The RPF sets out the process to be undertaken in the preparation of RAPs, and
key components to be included in the RAPs e.g. provision of socio-economic baseline
information, policy, legal and institutional framework, grievance redress mechanism, public
consultation, census of Project Affected Persons (PAPs) and assets, entitlement matrix,
implementation schedule, budget, and monitoring and evaluation.
At the conceptual stage during the project development, social and environmental screening was
undertaken to determine the nature and magnitude of the potential impacts on the environment,
people and livelihoods; and determine the level of environmental and social assessment
required. The social screening revealed that the project will be constructed within the
government gazetted road reserves which currently has been encroached at isolated sections by
traders and temporal structures either as house extension or business sheds. This therefore
triggers World Banks safeguards policy OP 4.12 which now requires that RAP to be prepared
which will ensure that the PAPs are adequately compensated for the loss they are likely to incur.
In order to minimize impacts on the project to peoples assets and livelihood, the design team
ensured that all the civil works have been designed within the existing road reserve, this was
achieved by using the Physical Development Plans (PDPs) developed by the by the county
government
The RAP was prepared based on the survey plans undertaken for the project which identified the
project routes within the settlement. The main objective of the RAP was to minimize the adverse
impacts to project affected persons (PAPs) and enhance or at least restore their livelihood to that
of the pre-project level. This was achieved through restricting the infrastructure within the
designated road reserves and therefore minimizing the need for acquisition of private land which
could lead to displacements. Moreover, an assistance package has been proposed in the
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entitlement matrix for the minimum disruptions particularly from encroached structures and loss
of income from small businesses along the road corridors.
A socio-economic survey of the settlements was conducted, and 100% census carried out for all
the Project Affected Persons. Moreover, the communities were involved in the whole process
from project identification, identification of potential impacts on their livelihoods, and proposed
mitigation measures. Community meetings were organized, and the Settlement Executive
Committees (SECs) involved in enumeration of the PAPs. This RAP report will also be publicly
disclosed to the communities before implementation.
2.2 Approach and Methodology
The methodology adopted in the preparation of this RAP involved various steps:
i. Review of relevant documents
ii. Field work
iii. Community and stakeholder consultation
iv. Socio-economic survey and census of the PAPs and assets
v. Valuation of assets and livelihood losses
vi. Preparation of PAPs registers
2.2.1 Review of Relevant Documents
As a first step, a number of key documents relating to KISIP project were consulted to provide
guidance. These documents were consulted throughout the process. These documents included:
i. Project Appraisal Document (PAD) for KISIP which is the official project document
ii. Environmental and Social Management Framework (EMSF) which provides a framework
for identification and mitigation of potential environmental and social impacts arising
from any KISIP project intervention
iii. Resettlement Policy Framework (RPF) which provides a framework consistent with the
World Bank’s OP 4.12 for mitigating physical and livelihood displacement impacts.
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iv. Conceptual Design Report KISIP Eldoret 2014 prepared after community consultation and
project identification that converts community needs into engineering solutions.
v. Socio Economic Report for Eldoret 2014 prepared as part of this consultancy covering all
the four settlements to provide baseline information for design and monitoring project
interventions.
vi. Community Consultation Report Eldoret 2014 which documents community involvement
in the identification and prioritization of project interventions.
vii. Environmental and Social Impact Assessment Report that is being prepared
simultaneously with the RAP, as part of the consultancy.
viii. Survey Plans, Registry Index Maps (RIMs) and Physical Development Plans (PDPs) that
shows the official way leaves and any public utility land. The maps provides for the main
settlement access road (R1) minimum width of 12m or 39.6ft and internal settlement
roads (R2) require a minimum width of 9m or 29.7ft and sewer way-leave of 6m.
Therefore, any structure or livelihood within the above referred dimension was
considered to be an encroachment. Project Map is attached as appendix to this report.
ix. Engineering Designs and Layout plans prepared for the proposed interventions.
2.2.2 Census of the Project Affected Persons
The RAP Team conducted a household survey which included 100% census of the affected
persons from 15th to 17st December 2014 in all the three settlements. The purpose of the census
was to: enumerate and collect basic information on the affected persons, identify affected assets
and livelihoods for each PAP, register the affected population and establish 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, establish socioeconomic baseline information for
the purpose of establishing fair compensation rates, and provide a baseline for monitoring and
evaluation of the resettlement interventions.
A standard questionnaire was used to collect basic PAP census information including household
members (resident and non-resident) by age, sex, ethnic group, and relationship to head of
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household, education and occupation and housing conditions. The census also documented
housing conditions, health conditions economic activities, sources of income and household
expenditures. This information was be used (i) to establish a list of PAPs; (ii) to establish a socio-
economic profile of PAPs based on existing conditions; and, (iii) to provide a baseline for
resettlement monitoring and evaluation.
The standard questionnaire was also used collect inventory of losses information from PAPs
about assets that are affected (i) structures by construction type, use, area, ownership/use rights
and location, as well as the extent of loss; (ii) business losses, by types, amounts and duration of
losses. The information was provided by the PAP as required and validated by the team on the
ground. The questionnaire was accompanied with photographs of the PAP, key affected assets;
and, full GPS data to locate the PAP and all key assets. The questionnaire was signed by the PAP
or representative.
In conducting the census, the team followed the required procedures for notifying people and
collecting, validating, approval and disclosing information on eligible PAPs and affected assets,
stemming from national laws and regulations. The team also ensured that the question of the
establishment of a “cut-off date” as per the World Bank policies was discussed and agreed in the
initial consultations.
The RAP team ensured PAPs or their representatives were present during asset enumeration. The
PAPs were required to sign the asset inventory collecting tool to show a confirmation that it’s the
true copy of the information collected. Photos of PAPs were taken by the RAP team standing in
front of their assets, and are presented as an appendix to this report.
2.2.3 Stakeholder Consultations
The community and other stakeholders have been involved in all project processes. Community
consultations were held during socio-economic surveys to identify and prioritize project
interventions based on the needs identified the resources available and the likely impacts of the
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proposed interventions. Screening of the proposed interventions for environmental and social
impacts was done with community involvement. The potential for large-scale relocation of
people and livelihoods was one of the considerations in prioritizing the selected project
interventions.
The RAP team involved the community and the Project Affected Persons in developing this RAP.
Before commencement of the census and enumeration of PAPs’ and affected assets and
livelihoods, a number of meetings were held within the settlement with the local Settlement
Executive Committees SECs committee members, general public, and Project Affected Persons
(PAPs). The objectives of the stakeholder consultations was:
a. To sensitize the community about the project and potential impacts on people and
livelihoods;
b. Provide a platform for the community to air views and concerns which are relevant to the
RAP and which must be resolved,
c. Involve them in key processes of census and the undertaking of the affected asset
inventory,
d. Provide an opportunity for the community to themselves propose the most appropriate
mitigation measures for asset and livelihood losses,
e. To seek support from the community and other all relevant stakeholders in the
preparation and implementation of the RAP.
Table2.1 gives a schedule of the community meetings held and the issues discussed respectively.
25
Table 2-1: Public Meeting held within the Settlements
No Issues Response and Discussions
1 Residents acknowledged the need for the project complaining that they have suffered for long time with bad roads and poor sanitation services within the settlements, they wanted to know how soon the project will commence.
RAP team responded that the project will commence immediately once all the required studies have been concluded and approved, these studies include, ESIA, RAP, Designs and Tendering.
2 Hill School Stakeholders wanted to know what will happen for the areas where their structures are likely to the affected by the project, they complained that in some cases the road reserves are narrow to as low as 6m while the area needed for the road is at a minimum of 9m.
RAP team responded that areas like those ones will be given specific attention and possibility of consulting with them with an aim of properly acquiring the extra needed metres will be considered, such process will be spearheaded by respective county governments. Should any private land be acquired, full compensation will be paid.
3 Residents wanted to know whether adequate notice will be issued by the authority in charge in order to allow them ample time to relocate.
Yes adequate time will be given to them just before the contractor mobilizes to the ground an also this RAP report has proposed for the them to be allowed ample time to salvage materials from their structures in addition to reconstruction assistance offered.
4 Members wanted to know if the labour will be sourced from the community during construction of the project
RAP team respondent clarified that all casual labourers will be sourced from the local settlement through the Settlement Executive Committee and also qualified skilled labourer for vacant positions within the contract. However, the RAP team cautioned the community that the contractor will come with his skilled work force and that they should not confuse and claim that the he has hired them from other settlement.
5 Members wanted to know the extent of road and assets to be affected if the proposed roads will follow surveyor’s beacons
RAP team respondent remarked that the extend of structures to be affected will be those falling within the 12m corridor for the main settlement access roads and 9m for those falling within the internal settlement roads, yes the project will be constructed
26
within existing road reserve an no private land will be acquired. Encroached structures and extent will be marked for easy of identification.
6 Members wanted to know the fate of persons doing business along the reserves that are to be upgraded under the project
RAP team confirmed that all persons deriving livelihoods along the road reserves and their structures are deemed to be affected by the project will adequately compensated as required OP 4.12.
7 Members wanted to know the value of each property and livelihoods affected
RAP team respondent informed the gathering that at the stage of census and enumeration it’s not possible to tell the value of the assets, the value of the assets will be revealed once the valuation is concluded and the PAPs will be appropriately notified.
8 Members were concerned with the amount of compensation to be given and if it will be of the recommended standards
RAP team informed the gathering valuation will be undertaken by a registered government valuer who have their methodology of valuation as guided by the Valuers Act cap 532 and OP 4.12.
The RAP team also held meetings with other relevant institutions critical to the preparation and
implementation of this RAP. The purpose of the consultations was obtaining institutional inputs
on critical issues relating to resettlement. Table 2.2 illustrates outcome of the meetings.
27
Table 2-2: Outcome of Institutional Consultations
S/no Institution Meeting
Month
Outcomes of the Meeting
1 Kenya Urban Roads
Authority (KURA)
September to
December
2014
Office of the KURA Uasin Gishu region
Supports the project
The projects have been designed
accordance to the requirements of KURA
2 Eldoret Water and
Sanitation Company
September to
December
2014
The company Supports KISIP
intervention in Water and Sanitation in
the county as the town is experiencing
sewage problems
3 Lake Victoria North Water
Services Board
September to
December
2014
The company Supports KISIP
intervention in Water and Sanitation in
the county
The sewer line proposals are according
to the sewer plan of the town.
4 Uasin Gishu County
Government
September to
December
2014
Office of the Governor Uasin Gishu
Supports the project and is willing to
assist the RAP team on case by case
basis especially on the issues of way
leaves.
2.3 Valuation of Assets and Livelihoods
Valuation for structures was based on full replacement cost, consideration was made on
replacement of the structure regardless of its state. Elements of depreciation were not included
in the valuation, other elements that were considered and included in the valuation were market
rate for construction material, labor and transportation costs of the material that will be involved
in re-establishment of such structures.
Valuation of crops and trees was based on government of Kenya Ministry of Agriculture rates and
Kenya Forest Service rates respectively.
28
Livelihood valuation was based on average daily income from the respective livelihood activity,
for rental income, monthly average income from rent was computed for 2months.
29
3.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
Resettlement of Project-Affected Persons (PAPs) in the project will therefore be carried out in
accordance with laws, regulations and guidelines for Resettlement/Land Acquisition Policy
Framework of the Government of Kenya and World Bank’s Operational Policy (O.P 4.12), which
has resulted in the preparation of this RAP.
3.1 Applicable GoK Policy and Legal Framework
This RAP has been prepared in accordance with laws, regulations and guidelines for
Resettlement/Land Acquisition Policy Framework of the Government of Kenya (GoK). The
relevant national and local laws, regulations and guidelines are presented in Table 3.1. Since no
land acquisition will be undertaken by the project, laws, policies and regulations relating to land
acquisition will not be analyzed in detail.
Table 3-1: Relevant Laws Related to Resettlement
Name of Act Application Remarks
The Land Act No.6 of 2012
An act of Parliament to make provision on land regulation and for the compulsory acquisition of land for public purpose. An inquiry held, objections heard, compensation payable. Applies to allocation of and dealings with Public land and private land. All encroachment on the public right of way under the section 143 of the Act will not be compensated or permitted
The project will not compulsorily acquire private land. Will apply if the project elects to ask the government to allocate public land for any relocation PAPs within the way leaves will be required to remove their structures.
The Constitution of Kenya 2010, Section 40 (3)(ii)
Anyone dissatisfied with the award of compensation for compulsory acquisition of private land by the Commissioner has the right to seek judicial recourse. A further appeal to the High Court can be made. Further, multiple structure owners dissatisfied with the RAP
The procedure of compulsorily acquiring private land for the purpose of the project can be considered where any extra space is needed for setting up the infrastructures proposed in this project.
30
implementation can bring a constitutional reference against deprivation of property without compensation.
The Physical Planning Act, Cap 286 (Act No 6 of 1996)
Requires preparation of development plans for every intended development and invitation to the public to comment /object to the development
The project design follows what is provided for on the Physical Development Plans (PDPs). To be considered when planning residential sites and other relocation sites but this is not likely under the project.
Land Registration Act No. 3 of 2012
A maximum of 5 persons can be registered as owners of one piece of land.
Would be applicable if land identified for relocation of the PAPs is registered under this Act.
The Public Procurement and Disposal Act No 3 of 2005 and the Public Procurement and Disposal (Public Private Partnerships) Regulations, 2009
Applies to all procurements by government and public entities
Would apply to the acquisition of any land that will be required for relocation. It would also apply to contracts for the construction work to be undertaken.
Kenya Roads Act Cap.2
Applies specifically to the function of Kenya Urban Roads Authority in implementation of the KISIP road upgrading project.
KURA shall have the responsibility for supervising construction, rehabilitation and maintenance of all public roads in the municipalities in Kenya under KISIP project.
Environmental Management and Coordination Act, 1999 and subsidiary legislation on EIA/EA (Legal Notice 101).
Provision for resettlement action plans to address displacement/relocation impacts
Regulations require RAP whenever relocation is identified as a project impact.
3.2 World Bank Safeguard Policies
According to OP 4.12, any World Bank assisted project/program must comply with the provisions
of OP 4.12 for impacts associated with land acquisition and displacement. OP 4.12 applies to all
components of the project that result in involuntary resettlement, regardless of the source of
31
financing. This policy covers direct economic and social impacts that both result from World Bank
assisted projects, and are caused by:
a) The involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or
access to assets and services; or (iii) loss of income sources or means of livelihood, whether or
not the affected persons must move to another location.
b) The involuntary restriction of access to legally designated parks and protected areas resulting
in adverse impacts on the livelihoods of the displaced persons.
Towards addressing said impacts, OP 4.12 requires that a Resettlement Action Plan (RAP) or
Resettlement Policy Framework (RPF) be prepared, with the following objectives:
a) To outline measures to ensure that the displaced persons are: (i) informed about their options
and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with
technically and economically feasible resettlement alternatives; and (iii) provided prompt and
effective compensation at full replacement cost for losses of assets attributable directly to the
project.
b) If the impacts include physical relocation, the resettlement plan or resettlement policy
framework includes measures to ensure that the displaced persons are: (i) provided assistance
(such as moving allowances) during relocation; and (ii) provided with residential housing, or
housing sites, or, as required, agricultural sites for which a combination of productive potential,
locational advantages, and other factors is at least equivalent to the advantages of the old site.
Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement
policy framework also include measures to ensure that displaced persons are: (i) offered 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; and (ii) provided with development
assistance in addition to compensation measures demanded by the policy; (iii) such as land
preparation, credit facilities, training, or job opportunities.
32
The KISIP complies with the requirements of OP 4.12 in the following ways:
a. Project alternatives to avoid, where feasible, or minimize involuntary resettlement were
assessed.
b. The potential economic and social impacts of the project have been assessed in the ESIA
study and summarized in this report as well.
c. Project-affected persons and local nongovernmental organizations, as appropriate, have
been consulted.
d. PAPs have been informed of their rights, including prompt compensation at full
replacement cost for loss of assets attributable to the project, assistance during
relocation, and transitional support and development assistance.
3.3 Gaps between OP 4.12 and GoK Policies
The RPF was prepared in conformity with the policy and legal provisions of the GoK and the
World Bank. However, in preparing the RPF, operational gaps between the policy/legal
frameworks of both emerged as follows:
a) While the GoK, through diverse legal tools including the new Constitution, allows for
acquisition and thus displacement, OP 4.12 favors a policy of avoidance or minimization of
involuntary resettlement and design of appropriate mitigation measures in cases where
avoidance or minimization is not possible.
b) While Cap 288 provides for compensation with respect to acquired land at market rates, OP
4.12 emphasizes the need for compensation at replacement cost coupled with provision of
support during the transitional period to improve or at least restore living standards of affected
people to pre-displacement levels.
c) The Kenyan law has no provision for compensation with respect to economic displacement,
unlike OP 4.12, which recognizes both physical and economic displacement.
d) The Kenyan system originally recognized only title holders as bonafide property owners but
currently, the new Constitution has opened an ‘in-good-faith’ window through which
compensation can be extended to non-title holders, which is more in harmony with the OP 4.12
33
premise that ‘lack of legal title should be no bar in extending assistance and support to those
displaced by projects’.
3.4 Institutional Responsibilities for RAP Implementation
During the RAP preparation process, a number of key institutions were identified as critical to
both preparation and implementation of the RAP. This is summarized in Table 3.2 below.
Consultations with and involvement of the Project-Affected Persons has been sought during the
process.
Table 3-2: Statutory Institutions with Roles in the RAP process
No Institution Role Capacity
1 Ministry of Infrastructure, Transport, Housing and Urban Development
Houses the KISIP project Provides policy direction Handles land tenure issues
The Ministry has experts in key areas: land management and administration, physical planning, resettlement
2 County Government of Uasin Gishu
Has the responsibility of implementing the RAP as spelled out in the RPF
Financial capacity is lacking. In the transition, KISIP providing assistance
3 Kenya Urban Roads Authority
In charge of the management of urban roads. It approves road designs and maintains roads.
Capacity exists
4 Kenya Power Responsible for relocating electricity transmission lines from the road reserves
Capacity exists. Costs provided in the BQ.
5 Eldoret Water and Sewerage Company
Responsible relocating affected water infrastructure e.g. pipes, water kiosks to maintain service levels
Capacity exists. Costs provided in the BQ.
6 National Environment Management Authority (NEMA)
Approving and issuing EIA licenses for projects which have addressed environmental and social impacts
Capacity exists. Costs of license provided for in the budget.
7 Ministry of Finance Financial management on Capacity exists and funds will
34
behalf of the Borrower ( GoK) Provision of counterpart funding – part of which is used to settle compensation claims by PAPs
be made available.
In addition to the above governmental institutions, several structures were established at the
community level in each of the settlements:
a) A Community Settlement Executive Committee (SEC) which was instrumental in mobilizing the
community and providing a link between KISIP, the Consultants, and the community. The
Committee has been involved in all stages of RAP development and is expected to continue
playing an active role in monitoring its implementation.
b) The Community Grievance Redress Committee formed to address all grievances related to the
development and implementation of this RAP.
c) The County Resettlement Advisory Committee which will provide leadership at the county level
in the implementation of the RAP and addressing grievances from the community grievance
committee.
The overall coordination of the whole process, from development to implementation and
monitoring, is provided by the KISIP PCT. The National KISIP Coordinating Unit will supervise and
coordinate the implementation of this RAP, and report on implementation. It shall ensure active
participation of the community at all times.
35
4.0 SOCIO - ECONOMIC BASELINE
The project interventions are targeting three informal settlements in Uasin Gishu County
namely: Hill school, Racecourse, Kimumu Hawai and Kambi Nairobi. The figure below shows the
location of the settlements relative to each other and the central business district.
Figure 4.2: Map of the four Target Settlements in the Eldoret Town
36
4.2 Hill school and Kimumu Hawai
Hill School is named so after a large private school, although it was originally known as Wareng-
land. The settlement started as a large acre of land owned by white settlers who later sold their
land to someone named Paul Kemboi who later subdivided the land which now belongs to
numerous people who were given sale agreements. Since then most residents have managed to
get title deeds since 1999, but many still hold allotment letters.
Kimumu Hawai was initially owned by a white settler around 1958 who later sold the land to an
Indian man, who they called Fed Wadua, who subdivided and sold the same land around the
year 1963 to a settlement scheme, which was later subdivided and sold to local squatters who
were workers on the land. Hawai specifically started as the settlement scheme which was then
subdivided and sold off to the residents. The name was adopted from the United States Hawaii
which was brought to the settlement by a rich man who went abroad and returned to establish
a large hotel which later became a school. The settlement was affected by post-election
violence in 2007 with several properties getting burned down and many residents being ejected
from their homes and land
Hill School and Kimumu Hawai indicated corresponding socio economic characterises, either
due to the same economic characteristic of the people living in both the settlements, therefore
the summary of analysis presented in the next sub chapters is only for Hill School settlement
4.2.1 Household size, age and gender profile
Household size: The households covered in Hill School consisted of 29 (11%) single member
households and 234 (89%) multiple member households which had an average household size
of 4.4 members. The average household size for the entire sample was found to be 4. The
distribution of households by number of family members revealed that about 36.5% of the
households had five members or more. About 15.6% of the households had 4 members
whereas 47.9% of the households reported to have three members or less.
37
Table 4.2-1; Composition of Sample Households – Hill School
Total Single member
household Other
household
Number of households (%) 263 29 234
(100.0) (11.0) (89.0)
Number of household members 1,058 29 1,029
Average household size (no.) 4.0 1.0 4.4
Minimum household size (no.) 1.0 1.0 2.0
Maximum household size (no.) 15.0 1.0 15.0
Age profile: The children in the age group of 0-4 years constituted 15.8% of the total number of
household members School-aged (5-17 years) children and adults (18+years) represented
29.9% and 54.3% of the household members respectively
Gender profile: In terms of gender, 50.7% of the household members were male and 49.3%
female, reflecting a marginal gap in the distribution of population. However, among the single
household heads, the male-female ratio was 50:49 representing an almost equal distribution
Education profile: The condition of school attendance among children aged 5-17 in Hill School
was very encouraging. It was found that 292 children (92.4%) were attending school. This was a
positive trend. It was also found that, enrolment of female children (5-17 years) in school was
greater than male children. Among the adults (18+ years), 17.2% were reportedly attending
school.
Table 4.2-2; Level of Education of the Household Members – Hill School
Category Number %
1 Male children (5-17 year) attending school 146 90.1
2 Female children (5-17 year) attending school 146 94.8
3 Children (5-17 year) attending school 292 92.4
4 Male adult (18 year and more) attending school 61 21.5
5 Female adult (18 year and more) attending school 38 13.1
6 Adult (18 year and more) attending school 99 17.2
4.2.2 Household Income and Expenditure
38
Income: Close to one-third (32.3%) of the households stated a monthly earning level of less
than Ksh 9,000. The income data further revealed that the majority (41.8%) of households had a
monthly income ranging between Ksh 9,000 and Ksh 18,000. Around 25.9% of the households
reported a monthly income of over Ksh 18,000.
Table 4.2-6 Monthly Household Income –Hill School
The Analysis above indicate that majority of people at 40.1 % in the settlement earn an average
earning of between Kshs. 9000-18000 per month, therefore majority of the PAPs are at a high
risk of impoverishment if the RAP process is not properly handled. The earning is not sufficient
considering the expenditure analysis below.
Expenditure: Analysis of household expenditure data reveals that the average Monthly Per
Capita Expenditure (MPCE) was little over Ksh 4,962 per household. Of this amount, 35.3% was
spent on food items (Ksh 1,546), 23.1% accounted for non-food household supplies like soap,
toothpaste, mobile phone, school fees (Ksh 1,036).
4.2.3 Employment status
About 31.3% of the adults (18+ years) household members were self- employed, 19.3% were
working as casual workers and another 11.3% were regular employees. The unemployed work
force represented 20.7% of the household members in Hill School.
Amount in Ksh Number* %
less than 9,000 107 28.2
9,000 - 18000 152 40.1
Above 18,000 120 31.7
Total 379 100.0
Note: *Missing values are excluded from the analysis.
39
Table 4.2-9 Main Activity of Adults (18 years and above) – Hill School
Activity of adults Number %
Regular Employee 64 11.3
Casual worker 109 19.3
Self employed 177 31.3
Unemployed 117 20.7
Student 95 16.8
Others (apprenticeship, retired etc.) 4 0.7
Total* 566 100.0
Note: Missing values are excluded from the analysis.
4.3 Racecourse
The settlement began as a colonial settlement which was used majorly by white settlers for
horse racing and horse training. This was in the early 1960’s to 1970’s. Plots began to be sold in
the 80’s. The current Race Course show ground is still used presently.
A major occurrence the settlement has suffered is post-election violence where people from
surrounding communities and even the surrounding Rift Valley moved in large numbers into
Race Course settlement as well as setting up camp in the show ground. This weighed heavily on
the resources of the settlement as well as drove up prices of land, rent among others.
Additionally, the settlement has frequent flooding which is a major occurrence every four year.
During these times people are forced to move out
4.3.1 Household size, age and gender profile
Household size: The households covered in the survey in Race Course consisted of 23 (6.3%) single
member households and 345 (93.7%) other households which had an average household size of 5.6
members. The average household size for the entire sample was found to be 5.3. The distribution of
households by number of family members revealed that about 60.6% of the households had five
members or more. About 17.1% of the households had 4 members whereas 22.3% of the households
reported to have three members or less.
40
Table 4.3-1; Composition of Sample Households – Racecourse
Total Single member
household Other
household
Number of households (%) 368 23 345
(100.) (6.3) (93.7)
Number of household member 1,940 23 1,917
Average household size (no.) 5.3 1.0 5.6
Minimum household size (no.) 1.0 1.0 2.0
Maximum household size (no.) 22.0 1.0 22.0
Age profile: The children in the age group of 0-4 years constituted 10.1% of the total number of
household members. School-aged (5-17 years) children and adults (18+years) represented 32.6% and
57.4% of the household members respectively.
Gender profile: In terms of gender, 48.8% of the household members were males and 51.2%
were females, reflecting distribution almost at par distribution. However, among the single
household heads, male-female ratio was 35:47 representing strong female dominance.
Education profile: The condition of school attendance among children aged (5-17 years) in Race
Course was very encouraging. It was found that 93.5% of children were attending school
without any gender disparity. This was a positive trend. Among the adults (18+ years), 22.4%
were reportedly attending school.
Table 4.3-4; Level of Education of the Household Members – Racecourse
Category Number %
Male children (5-17 year) attending school 282 94.6
Female children (5-17 year) attending school 309 92.5
Children (5-17 year) attending school 591 93.5
Male adult (18 year and more) attending school
128 23.4
Female adult (18 year and more) attending school
121 21.3
Adult (18 year and more) attending school 249 22.4
41
4.3.2 Household Income and Expenditure
Income: More than half (51.8%) of the households stated monthly earning over Ksh 18,000. The
income data further revealed that the close to one-fourth (24.4%) of households had a monthly
income ranging between Ksh 9,000 and Ksh 18,000. Around 23.8% of households reported a
monthly income level less than Ksh 9,000.
Table 4.3-6; Monthly Household Income – Racecourse
Amount in Ksh Number* %
less than 9,000 87 23.8
9,000 - 18000 89 24.4
Above 18,000 189 51.8
Total 365 100.0
Note: *Missing values are excluded from the analysis.
Expenditure: Analysis of household expenditure data reveals that the average Monthly Per
Capita Expenditure (MPCE) was little over Ksh 4,750 per household. Of this amount, 27.7%
represented spending on food items (Ksh 1,091), 19.4% accounted for non-food household
supplies like soap, toothpaste, mobile phone, school fees (Ksh 793).
Table 4.3-7; Monthly Per Capita Expenditure of households– Racecourse
1.1.1.1 Table 7.7: Monthly Per Capita Expenditure of Households – Race Course
Heads Average Median Coeff.
of Variation*
Food 1,091
(27.7%) 833 90%
Non-food household supplies 793
(19.4%) 600 95%
Total 4,750 3,724 83%
Note: (i) * Coefficient of variation (CV) = Standard deviation/Mean; (ii) Total includes food, non-food household supplies and other items like education fees, transport, rent etc.; (iii) Above table is derived using data for: food (366 HHs), non-food (366 HHs) and total (364 HHs)
42
The analysis indicate that majority of the population use an estimate of 27.7% of their earnings
on food item, therefore KISIP interventions will improve the infrastructure of the settlement in
terms of accessibility, security and sanitation therefore translating to economic empowerment
of the population.
4.3.3 Employment status
Employment: About 26.8% of the adult (18+years) household members were working as
regular employees, 19.5% were self-employed and another 11.7% were casual workers. The
unemployed work force represented 17.3% of the household members in Race Course.
Table 4.3-9; Main Activity of Adults (18 years and above) – Racecourse
.
Activity of adults Number %
Regular Employee 298 26.8
Casual worker 130 11.7
Self employed 217 19.5
Unemployed 193 17.3
Student 254 22.8
Others (apprenticeship, retired etc.) 21 1.9
Total 1113 100.0
43
5.0 RESETTLEMENT IMPACTS AND MITIGATION
Project activities will give rise to either total or partial resettlement impact to PAPs assets and
sources of livelihood, majority of assets affected are temporal fixed business stands, house
extensions, verandas, gates perimeter walls either in masonry stone or wood as well as
structures for business either temporal or mobile kiosks.
None of the residential structures enumerated will be totally affected, the impact to the
structures is partial to the areas encroaching to the road reserve. The entitlement matrix has
proposed various entitlements depending of the type of loss and the category of PAPs, the
structures mentioned in the review comment above have been enlisted.
5.1 Type of Losses
5.1.1 Loss of Land
The project interventions in all the three settlements will not involve loss of private land
through any form of acquisition. All the interventions have been designed to use the designated
way leaves. As such no person will lose land to which they have a title. All the PAPs are
encroachers and landless. They have just extended their buildings and businesses beyond their
boundaries. It is important to note that even after the project reclaims the way leaves, no one
is going to be left landless. They will push back the structures into their plots.
The kind of impact that is anticipated will be as a result of reclaiming the encroached road
reserves. Consequently, there will be no compensation for land, only developed assets on the
road reserve. It is also not expected that the structure owners who will lose their structures will
move elsewhere outside the settlement.
5.1.2 Loss of Structures
This is the most important type of loss identified. The structures have encroached on the road
reserves and will need to be removed before the commencement of works. Most of the
structures are of temporal nature with a few permanent ones. The structures are used for
44
dwelling either by owners or are rented out; while others are used for commercial purposes.
The impact on the structures will be two-fold:
a. Total loss: where the whole structure will need to be removed or where the residual will
not be viable and functional.
b. Partial loss: where part of the structure will be affected, and the residual will still be
viable and functional with reconstruction/repairs.
The Table below shows the type and number of structures affected in three settlements. The
extent to which individual structures will be affected is described in The PAP and Asset Register.
Table 5-1 Type and Numbers of Structures
No Affected structure Settlements Total
Hill School Kimumu Hawai
Racecourse
1 Part of Residential Structures
20 0 3 23
2 Part of Rental Structures 10 0 0 20
3 Building Verandas and Canopies
4 5 0 09
4 Shops / kiosks (stone, iron sheets)
3 0 0 3
5 Temporally fixed business stands
71 46 10 127
6 Mobile Business stand 0 10 0 10
7 Individual Latrines and shower rooms
29 2 0 31
8 Fences 75 8 7 90
9 well 2 2 4
10 Sand Gravel pile 0 5 0 5
11 Watchman Gate Shed 0 1 0 1
12 Gate 0 0 1 1
13 store 0 0 1 1
14 Kitchen 0 0 0 0
326
45
Materials of structures: The materials used in to build the structures in the settlements were
mostly categorized as others in the questionnaire and this represented the use of iron sheets
and wooden poles (45.7%) and iron sheets (28.6%).
Figure 5-1: Materials of structures
Ownership of structures: majority owner of the structures is the household head who own
85.7% of the total while the remaining percentage is owned by tenants (14.29%).
Figure 5-2 Ownership of the structures
46
5.1.3 Loss of Shelter
From the census, loss of shelter will be experienced in two ways:
a. Some structure owners who themselves reside in the affected structures (owner
occupiers) (partially or wholly) will be affected during demolition and reconstruction. If
the structure will be wholly affected and need to be constructed within the lot
boundaries, alternative accommodation will have to be temporarily provided or
adequate notice and facilitation given to complete the reconstruction before
demolition. In case of partial loss, the structure owner may not necessarily move, but
steps will be taken to ensure the minimal disruption to their occupancy is mitigated.
b. Tenants occupying the affected structures and who may be required to either
temporarily or permanently seek alternative accommodation. Measures will be put in
place to mitigate the likely disruption, including payments to facilitate the relocation.
47
Table 5-2; PAPs occupying non-business structures
No PAP Category Settlement
Hill School Racecourse Kimumu Hawai
1 Structure owner occupying the structure for residential purposes
20 3 0
2 Tenants 10 0 0
Total 30 3 0
5.1.4 Loss of Livelihoods
The following categories of livelihood loss were identified:
a. Structure owners/landlords who will lose rental income as a result of tenants relocating
from the affected structures
b. Loss of income from businesses that will be affected as a result of removal of either
permanent or temporal business premises. Most of these businesses are located on the
road reserves.
Type of common business the figure 5-3 below illustrates the common business which the PAPs
engage in within the settlements the area has mixed businesses but the major ones are grocery
shops (23.53%), food kiosk/hotels (26.47%) and category other which includes movie sheds,
charcoal vending and few rentals (23.53%)
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Figure 5-3 Type of common business in the Settlements
Average daily income: Majority of the respondents whose structures are likely to be affected
recorded making daily incomes from a minimum of Kshs 250 to Kshs 3000 and the average
monthly income from rentals ranges from Kshs 300 to Kshs 6000 as seen in the table above.
Table 5-3 Project Affected Persons losing Income
No Type of loss Settlement
Hill School Racecourse Kimumu Hawai
1 Loss of rental income from the business structures
20 0 0
2 Loss of income from business
71 10 56
Total 91 10 56
5.2 Number of Project Affected Persons (PAPs) and Assets Affected
The number of Project Affected Person (PAPs) has been summarized in the table below, the
Project Affected Household (PAH) is a family unit which is represented by the Household head
enumerated therefore the number of PAP remain the same for PAH the number of PAPs
49
Table 5-4 Project Affected Persons per Settlement
Settlement PAPs
Hill School 102
Racecourse 13
Kimumu Hawai 72
Total 187
50
6.0 COMPENSATION AND RESETTLEMENT ASSISTANCE
6.1 Eligibility Criteria
The World Bank Resettlement Policy/Guidelines require compensation for lost assets at
replacement cost to both titled and non-titled landholders and resettlement assistance
for lost income and livelihoods. In this project, the absence of formal titles will not
constitute a barrier to resettlement assistance and rehabilitation.
Further, the principles adopted herein contain special measures and assistance for
vulnerable affected persons, such as female-headed households, disabled persons, and
the poor. PAPs are entitled to a combination of compensation measures and resettlement
assistance, depending on the nature and scope of impact.
From the census carried out, the following categories of PAPs will be entitled to
compensation:
i. Structure owners who will lose part or whole of their structures. It should be
noted that all the structures have encroached on the road reserves.
ii. Tenants who have rented the affected structures and may be required to seek
alternative accommodation temporarily or permanently.
iii. Structure owners who derive an income from renting their structures and will lose
the income as a result of removal of the structures.
iv. People who conduct businesses in the affected structures and will lose income as a
result. However, mobile traders will not be eligible for assistance.
v. People conducting business on the road reserves permanently even if they don’t
own a structure but will be required to move to give way for the project.
6.1.1 Cut-off Date
The entitlement cut-off date was 31st July 2014; this date was the date when the project
information was communicated to the people in the settlements and SECs formed. No
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structure established in the Project-Affected Area after (31st July 2014) shall be eligible for
compensation.
6.1.2 Entitlements
The Entitlement Matrix describes compensation and related assistance for each category
of affected PAP. Eligibility reference has been made to Resettlement Policy Framework
(RPF) developed for the KISIP Project which proposes full replacement cost to assets and
livelihoods anticipated to be lost.
The matrix in table 6-1 below elaborates the entitlement which is relevant to the PAPs of
proposed KISIP projects.
6.1.3 Livelihood Restoration
Livelihood restoration an important aspect in ensuring that the PAPs livelihood is totally
restored even after compensation is done. All categories of PAPs described in table 6-1
below are eligible to the livelihood restoration packages Livelihood restoration packages
that are application for such kind of resettlement are as illustrated below:
i. Employment priority during construction both skilled and non skilled
ii. Transitional assistance – this could include adequate time allowed for the PAPS to
relocate and salvage construction materials
iii. Additional assistance to vulnerable groups
Trainings on:-
-compensation funds management
- Other related business support.
6.1.3 Vulnerable People
Vulnerable people are people who by virtue of gender, ethnicity, age, physical or mental
disability, economic disadvantage, or social status may be more adversely affected by
resettlement than others and who may be limited in their ability to claim or take
advantage of resettlement assistance and related development benefits. Vulnerable
52
people are potentially eligible for specific assistance under this Resettlement Action Plan
are those who are affected by the Project land acquisition, compensation and
resettlement activities.
Vulnerable people include, but are not limited to:
i. Disabled persons, whether mentally or physically;
ii. Seriously ill people, particularly people living with HIV/AIDS and other illnesses;
iii. The elderly, particularly when they live alone;
iv. Households whose heads are children;
v. Households whose heads are female and who live with limited resources;
vi. Households whose heads have no or very limited resources; and
vii. Widows and orphans.
The study identified only (1) case of vulnerable person in Race Course who was of old age
and mentally challenged. The following measures have been included in the RAP for extra
assistance to the vulnerable identified PAP identified vulnerable persons.
▪ Assistance in the compensation payment procedure;
▪ Assistance in the post payment period to secure the compensation money;
▪ Assistance in moving: providing vehicle, driver and facilitation at the moving
stage;
▪ Health care if required at critical periods; and
▪ Moving and transition support or allowance during the relocation period.
6.1.4 Notification
The PAPs will be served with adequate notice of 30 days to relocate upon compensation
and before the commencement of works. All the stakeholders in the project (e.g. KURA,
NEMA, and KPLC) will also be notified of the relocation exercise.
53
6..1.5 Payment of Compensation
In line with the World Bank operational policy on involuntary resettlement (OP 4.12),
KISIP will ensure that the conditions of PAPs are restored to the status that is at the
minimum commensurate to their pre-project status. A list of all PAPs has been
documented in the PAP register. In addition, every person affected by the project
registered with their national identification card for easy identification for possible
compensation.
RAP implementation will verify the correctness of each PAP as stated in the register and
ascertain that every identity card holder is correctly documented in the register. On
completion of the PAP Audit list, the Project Coordinator will set up a team that will carry
out payment and compensation. This team will consist of KISIP’s accountant, legal and a
social safeguards expert, including representatives of the County Government and SEC.
Payments will be made according to locations and adequate information will be made
available to all affected persons prior to payment. Such information will include:
1. Dates and locations of payment
2. List of eligible people and amount
3. Mode of payment, etc.
An appropriate framework for delivering the compensation payments to the PAPs will be
decided by KISIP in line with government financial management regulations and as much
as possible keeping in mind that most PAPs have no bank accounts. In the event that an
individual is absent during payment, the Compensation Committee will immediately
communicate a new date of payment to such individual(s).
54
Table 6-1: Entitlement Matrix
Type of loss Type of PAP Entitlement
1 Loss of Land Land owner ▪ Not applicable under the project because no private land is to be acquired for implementation of the projects. All the PAPs are encroachers.
2 Loss structure Structure Owner ▪ Cash compensation at replacement cost calculated without depreciation. Replacement cost includes cost of materials, transport, and labor to construct a similar structure
▪ Owners will retain the right to salvage materials from the structure ▪ A lump sum of kshs. 5,000.00 as disturbance allowance ▪ Loss of income equivalent to 2 month’s rent incase the affected
structure is rented.
3 Loss shelter Tenant ▪ A one month notice to look for alternative accommodation. ▪ 2month’s rent to look for alternative accommodation during repairs of
the affected parts of the structure with an option to resume tenancy at the completion of reconstruction/repairs.
▪ A onetime shifting allowance of ksh 5000 to cover for transport costs and labour costs during moving
▪ If the rented premises are used for business, a loss of livelihood equivalent to five days of loss of profit will be provided.
Structure owner
who occupies
the structure
(owner
occupier)
▪ 2month’s rent to look for alternative accommodation during repairs or reconstruction of the affected structure.
▪ Prior compensation to allow construction of structure prior to demolitions.
4 Loss of Livelihood /
Income
Structure owner ▪ Subsistence allowance equivalent 2month rent to compensate for loss of
income.
Business owner ▪ Cash grant equivalent 5days daily income to compensate for the loss of
55
/ trader business ▪ A lump sum allowance of Kshs. 5,000.00 to cover for transport and labor
during movement ▪ .
Vulnerable
groups
▪ Assistance in the compensation payment procedure; ▪ Assistance in the post payment period to secure the compensation
money; ▪ Assistance in moving: providing vehicle, driver and facilitation at the
moving stage, providing ambulance services for disabled or inform persons during moving, and;
▪ Health care if required at critical periods; ▪ Moving and transition support or allowance during the relocation
period.
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7.0 GRIEVANCE MANAGEMENT & REDRESS
7.1 Grievances and Disputes
In practice, grievances and disputes that are most likely during the implementation of a
resettlement program are the following:
i. Misidentification of assets or mistakes in valuing them;
ii. Disputes over parcel limits, either between the affected person and the Project, or
between two neighbors;
iii. Dispute over the ownership of a given asset (two individuals claim to be the owner
of this asset);
iv. Disagreement over the valuation of a parcel or other asset;
v. Successions, divorces, and other family issues, resulting in disputes between heirs
and other family members, over ownership or ownership shares for a given asset;
vi. Disagreement over resettlement measures, on the type or standing of the
proposed housing, or over the characteristics of the resettlement parcel;
7.2 Management Mechanism
This RAP recommends a three-tier grievance mechanism- at the community, RICs, and
resolution through courts of law. It is desirable to resolve all the grievances at the
community level to the greatest extent possible. To achieve the community or settlement
level grievance mechanism must be credible and generally acceptable. The grievance
redress mechanisms will aim to solve disputes at the earliest possible time in the interest
of all parties concerned.
The first level in addressing grievances will be at the settlement. The settlement will form
a Community Grievance Redress Committee (CGRC) comprising of two members from
SEC, and three other respected community members who are not PAPs. The committee
should be elected by the community in a transparent manner.
57
The second level of grievance mechanism will involve the RICs. The RICs will consider
grievance reports forwarded to it from the community grievance committee and make a
determination.
If complainants are not satisfied by the decision of the RICs, they can seek redress from
the High court.
Grievance procedures may be invoked at any time, depending on the complaint. No
person or community from whom land or other productive assets are to be taken will be
required to surrender those assets until any complaints he/she has about the method or
value of the assets or proposed measures are satisfactorily resolved.
The RAP study recommended the composition of the grievance committee to be
composed of 5 persons, 2 from the SEC not being office holders and 3 elected by the
community while respecting women, youth and vulnerability representation the
committee will elect their chairman and secretary and SEC members are not eligible
7.2.1 Terms of Reference for the Grievance Redress Mechanism Committee
The roles and functions of the Grievance Redress Mechanism Committee is normally
based on the mandate and expectations of stakeholders from the committee, more
specific the committee will endeavor to resolve issues resulting from:
i. Misidentification of assets or mistakes in valuing them;
ii. Disputes over parcel limits, either between the affected person and the Project, or
between two neighbors;
iii. Dispute over the ownership of a given asset (two individuals claim to be the owner
of this asset);
iv. Disagreement over the valuation of a parcel or other asset;
v. Successions, divorces, and other family issues, resulting in disputes between heirs
and other family members, over ownership or ownership shares for a given asset;
58
vi. Disagreement over resettlement measures, for instance on the location of the
resettlement site, on the type or standing of the proposed housing, or over the
characteristics of the resettlement parcel;
vii. The committee will handle other issues as they emerge.
Figure 7-1 overleaf summarizes the most preferred way of handling grievances. This RAP
proposes a maximum of 8days as the time a grievance should take under the resolution
mechanism, however for issues that can be handled by the CGRC; the study recommends
3days maximum time for resolution.
7.2.2 Effectiveness of the Grievance Redress Mechanism
To ensure effectiveness of the Grievance redress mechanism the committee will report on
a monthly basis to the Project implementation team the cases received and how they
were resolved during RAP implementation and Project implementation.
The committee is supposed to endeavor resolve grievances as soon as they are reported,
the maximum duration for resolving this grievances at level one has been given as within
7days.
To ensure Effectiveness of the Grievance Redress Mechanism the KISIP county office will
Provide for reporting mechanism for the committee, Technical support to the committee,
Material assistance and logistics as well as provide for 1day’s training on their roles.
59
Figure 7-1: Grievance Redress Mechanism
Grievance
resolved and
Outcome
satisfactory
NO
Grievance
resolved
satisfactorily
Refer the grievance, findings
and recommendations to RIC
Grievance processing by
RIC (7days)
Registration of the grievance or
dispute upon being lodged to the
CGRC
Aggrieved Party have the
right to seek redress from
the Court of law
Final closure
Resolution of the grievance
by CGRC (7days)
YES
NO
YES
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8.0 MONITORING AND COMPLETION AUDIT
8.1 Introduction
Monitoring and Evaluation (M&E) procedures establish the effectiveness of all
resettlement activities, in addition to the measures designed to mitigate adverse social
impacts. The procedures include internal track-keeping efforts as well as independent
external monitoring.
The purpose of resettlement monitoring for the KISIP project is to verify that actions and
commitments described in the RAP are implemented and eligible project-affected persons
receive their full compensation prior to the start of the rehabilitation activities on the
project area;
RAP actions and compensation measures have helped the people who sought cash
compensation in restoring their lost incomes and in sustaining/improving pre-project
living standards; Complaints and grievances lodged by project-affected persons are
followed up and, where necessary, appropriate corrective actions taken. Changes in RAP
procedure are made, if necessary, to improve delivery of entitlements to project-affected
persons.
The World Bank operational policy (OP 4.12) states that the project sponsor (i.e., KISIP) is
responsible for adequate M&E of the activities set forth in the resettlement instrument.
Monitoring will provide both a warning system for the project sponsor (KISIP) and a
channel for the affected persons to make known their needs and their reactions to
resettlement execution.
KISIP monitoring and evaluation activities and programs will be adequately funded and
staffed. In-house monitoring may need to be supplemented by independent monitors to
ensure complete and objective information. Accordingly, the primary responsibility for
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monitoring rests with KISIP’s Head of Environment and Social Safeguards working in
collaboration with the M&E unit.
8.2 Monitoring of Evaluation framework
The RAP Monitoring Plan and Framework is adopted from IFC (Handbook for Preparing a
Resettlement Action Plan). It involves:
a. Internal monitoring by KISIP;
b. Impact monitoring commissioned to specialized firms; and
c. A RAP Completion Audit
Table 8-1: RAP Monitoring Plan
Component Activity
Type of Information/ Data Collected
Source of Information/ Data collection Methods
Responsibility for Data Collection, Analysis and Reporting
Frequency/ Audience of Reporting
Performance monitoring
Measurement of input indicators against proposed time-table and budget including procurement and physical delivery of goods, structures and services.
Monthly or quarterly narrative status and financial reports
KISIP PCT KISIP County Team, SEC
Semi-annual/annual as required by KISIP and World Bank
Impact monitoring
Tracking effectiveness of inputs against baseline indicators Assessment of PAP satisfaction with inputs
Quarterly or semi-annual quantitative and qualitative surveys Regular public meetings and other consultation with people affected by the project; review of grievance mechanism outputs
Project resettlement unit or contracted external monitoring agency
Annual or more frequently as required by KISIP and WB
Completion audit
Measurement of output indicators
External assessment/sign-
Contracted external auditing
On completion of the RAP time table
62
such as productivity gains, livelihood restoration, and developmental impact against baseline
off report based on performance and impact monitoring reports, independent surveys and consultation with affected persons
and evaluation agency
as agreed between KISIP and WB
8.3 RAP Monitoring Framework
The RAP allows for verification of internal RAP implementation reports by a field check of
the following:
• Payment of compensation including its levels and timing
• Settlement of emerging grievances
• • Adequacy of training and other developmental inputs
• Rehabilitation of vulnerable groups
• Infrastructure repair, relocation or replacement
• Enterprise relocation, compensation and its adequacy
• Transition allowances
These will be achieved through;
a. Interview a random sample of affected people in open-ended discussion to assess
their knowledge and concerns regarding the resettlement process, their
entitlements and rehabilitation measures.
b. Observe public consultations with affected people at the village level
c. Observe the function of the resettlement operation at all levels to assess its
effectiveness and compliance with the RAP.
d. Check the type of grievance issues and the functioning of grievance redress
mechanisms by reviewing the processing of appeals at all levels and interviewing
aggrieved affected people.
63
e. Survey the standards of living of the affected people (and of an unaffected control
group where feasible) before and after implementation of resettlement to assess
whether the standards of living of the affected people have improved or been
maintained.
f. Advise project management regarding necessary improvements in the
implementation of the RAP, if any.
8.4 Resettlement Completion Audit
The purpose of the Completion Audit is to verify that the resettlement process has
complied with resettlement commitments defined by the RAP. Reference documents for
the Completion Audit are the following:
• Resettlement Action Plan prepared.
• Kenyan policies and legal statutes as defined in section 2 of this report
The Completion Audit has the following specific objectives:
• General assessment of the implementation of the RAP against the objectives and
methods set forth in the RAP,
• Assessment of compliance of implementation with laws, regulations and safeguard
policies;
• Assessment of the fairness, adequacy and promptness of the compensation and
resettlement procedures as implemented;
• Evaluation of the impact of the compensation and resettlement program on
livelihood restoration, measured through incomes and standards of living, with an
emphasis on the “no worse-off if not better-off” requirement; and
• Identification of potential corrective actions necessary to mitigate the negative
impacts of the program, if any, and to enhance its positive impacts.
64
• The Completion Audit will be based on documents and materials generated by
internal and external monitoring. In addition, auditors will make their own
assessments, surveys and interviews in the field and with Project-Affected- People
65
9.0 IMPLEMENTATION OF THE RAP AND INSTITUTIONAL ORGANIZATION
9.1 Project Management at Ministry level
MITH&UD will interface with other sector ministries, agencies and Counties on matters
and policies relating to the project and more specifically RAP issues. The MITH&UD will
interface with the National Treasury on issues pertaining to RAP budget financing,
The ministry will also communicate directly with the Bank on technical issues RAP
preparation, approvals, disclosure and even implementation being among them
9.2 The Project Coordinator (PC)
PC is the overall technical coordinator in the implementation of KISIP and assisted by a
Social Development Officer in case of land acquisition and resettlement and other social
issues related to this program. The Project coordinator will supervise the project team and
ensure that project implementation activities and reports are on schedule and in
compliance with the financing agreement. The coordinator will report to the PS and will
from time to time draw the attention of the PS to all emerging policies issues for decision
at that level or a higher level.
9.3 KISIP Project Coordination Team
The overall coordination of the whole process, from development to implementation and
monitoring, is provided by the KISIP PCT. The National KISIP Coordinating Unit has the
following roles:
▪ Coordinate the effective implementation of the ESMF/RPF and ensure compliance
with agreed implementation procedures and guidelines.
▪ Prepare Progress Reports on the implementation of the environmental and social
safeguards.
▪ Procure and supervise consultants for Social and Environment Assessments.
▪ Build the capacity at all levels to implement the ESMF/RPF.
▪ Supervise ESMF/RPF implementation during and after project implementation.
66
▪ Ensure integration of EMPs and RAPs into Contract and Bid Documents.
▪ Ensure adequate community participation.
The project team will be responsible for routine implementation and technical austerity of
the KISIP project. The team has put together a Safeguards team which has an
environmental and social safeguard specialist responsible of ensuring that the
environmental and social safeguards are implemented to and compliant to under the
project. The officer will be responsible under this RAP to do quality checks and review the
RAP reports before forwarding to the World Bank safeguards specialist. The officer is in
charge of actual implementation of the RAP with the help of Resettlement
Implementation Committee constituted for the project
9.4 RAP Implementing Committee
The RAP Implementing Committee shall be appointed by the Project Coordinator and will
have overall responsibility of monitoring and evaluation of the resettlement process. The
committee shall involve a specialist representation of expertise which includes Social
Expert, Environmentalist, Accountant, Legal and Monitoring and Evaluation Expert from
KISIP unit at the MoLHUD.
The committee shall also include a representative of KISIP Local County office and the
Project Affected Persons for each settlement.
9.4.1 Notifications
The RAP implementation committee will ensure the PAPs are served with adequate notice
of not less than 30 days to relocate upon compensation and before the commencement
of works. All the stakeholders in the project (e.g. KURA, NEMA, and KPLC) shall also be
notified of the relocation exercise.
67
9.4.2 Payment of Compensation
The RAP implementation committee shall ensure the list of all PAPs has been verified and
documented in the PAP register. The register shall have, among other parameters, (1) the
name of the person, (2) type of loss (structure / Livelihood) (3) identification number of
the PAP, (3) Compensation Amount (3) Bank Details of the PAP.
The RAP implementation committee will verify the correctness of each PAP as stated in
the register and ascertain that every identity card holder is correctly documented in the
register.
On completion of the PAP Audit list, the committee shall recommend payment and
compensation. Payments will be made according to locations and adequate information
will be made available to all affected persons prior to payment. Such information will
include: Dates and locations of payment, List of eligible people and amount Mode of
payment, etc.
An appropriate framework for delivering the compensation payments to the PAPs will be
decided by KISIP in line with government financial management regulations and as much
as possible keeping in mind that most PAPs have no bank accounts. In the event that an
individual is absent during payment, the Compensation Committee will immediately
communicate a new date of payment to such individual(s).
9.4.3 Resolution of second tier of grievances forwarded by the Community Grievance
Redress Committee (CGRC).
9.5 County Project KISIP Teams
For effective implementation of the Project, Counties have established County KISIP
Teams whose composition is a replica of the national team. The county team were crucial
in development of this study and they will also be important during implementation the
RAP prior to commencement of civil works.
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9.6 Other Institutional Responsibilities for RAP Implementation
During the RAP preparation process, a number of key institutions were identified as
critical to both preparation and implementation of the RAP. This is summarized in Table
9.1 below. Consultations with and involvement of the Project-Affected Persons has been
sought during the process.
Table 9-1: Statutory Institutions with Roles in the RAP process
No Institution Role Capacity
1 Ministry of Transport, Infrastructure, Housing and Urban Development
Houses the KISIP project Provides policy direction Handles land tenure issues
The Ministry has experts in key areas: land management and administration, physical planning, resettlement
2 County Government of Uasin Gishu
Has the responsibility of implementing the RAP as spelled out in the RPF?
Financial capacity is lacking. In the transition, KISIP providing assistance
3 Kenya Urban Roads Authority
In charge of the management of urban roads. It approves road designs and maintains roads.
Capacity exists
4 KPLC Responsible for relocating electricity transmission lines from the road reserves
Capacity exists. Costs provided in the BQ.
5 Eldoret Water and Sewerage Company
Responsible relocating affected water infrastructure e.g. pipes, water kiosks to maintain service levels
Capacity exists. Costs provided in the BQ.
6 National Environment Management Authority (NEMA)
Approving and issuing EIA licenses for projects which have addressed environmental and social impacts
Capacity exists. Costs of license provided for in the budget.
7 Ministry of Finance Financial management on behalf of the Borrower (GoK) Provision of counterpart funding – part of which is used to settle compensation claims
Capacity exists and funds will be made available.
69
In addition to the above government institutions, the community through the settlement
executive committee (SEC) are central to preparation and implementation of this RAP
The SECs were formed during the project inception to mobilize the community and
provide a link between the community, the consultant, the County Government, and
KISIP. The Committee has been involved in all stages of RAP development and is expected
to continue playing an active role in monitoring its implementation.
9.7 Disclosures of RAP
The RAP report once approved by the World Bank Safeguards team will be disclosed on
the World Bank’s website, locally the report will be disclosed at the county KISIP
coordination offices in the County, Copies of the report will be made available to the SEC
committees of respective settlements
KISIP PCT is obligated to disclose documentation locally, and will make the following
available:
▪ RAP in English (one copy available at all times in Project information offices, one
copy given to the resettlement committees),
▪ Update notes when needed, given to each of the resettlement committees and
publicly available at Project information offices.
In addition, this RAP will be publicly disclosed in English on the MoLHUD website also the
RAP executive summary will be disclosed and shared with the Settlement Executive
Committees (SECs) for ease of access by the affected persons. Public disclosure meetings
will be held in all the four settlements before RAP implementation.
by PAPs
70
9.8 RAP Implementation Schedule
The implementation schedule for this RAP covers the period from the preparation of the
RAP to the conclusion of the envisaged projects in the three settlements in the County to
the completion and the time that the infrastructure is fully available for use.
It should be noted that the procedure in the schedule starting from notification of the
PAPs before their displacement through compensation and resettlement will be done in
phases to synchronize with the various phases of the project.
The RAP Implementation Schedule defines the duration and timing of the key milestones
and tasks. The major component tasks for the schedule include:
a. Disclosure of RAP
b. Audit of PAP register and compensation package due to each PAP
c. Payment of compensation/resettlement assistance
d. Resolution of emerging grievances
e. Notification of PAPs prior to the commencement of the activities that will affect
them
f. Commencement of project operations
g. Monitoring and evaluation, including baseline update
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Table 9-2: RAP Implementation Schedule
S/No Activity Weeks from Approval of RAP Report
1 2 3 4 5 6 7 8 9 10 11 12
1 Disclosure of the RAP Report
2 Audit of the RAP report to verify PAP and compensation details
3 Payment of compensation to PAPs and facilitation of relocation
4 Issuance of notices for relocation
5 Actual relocation
6 Resolution of conflicts and Grievances
7 Commencement of works
8 Monitoring of the resettlement activities
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10 BUDGET
10.1 Budget
The RAP budget is estimated as indicated in table 10-1 below
Table 10-1 RAP Estimate Budget
S/no
Item under Compensation
Amount Estimates (Ksh)
1 Loss of Assets and Livelihoods
Hill School 2,569,000.00
Racecourse 211,620.00
Kimumu Hawai 984,470.00
2 Grievance Redress Committees operations 500,000.00
3 Implementation - Community engagement, disclosure, verification
400,000.00
4 Monitoring and evaluation 350,000.00
5 Contingency Item- provision for claims from grievance redress mechanism
700,000.00
Total Compensation 5,915,090.00
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APPENDICES:
1. Appendix1: Glossary of Terms
2. Appendix 2: Stakeholder consultations
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APPENDIX 1: GLOSSARY OF TERMS
LOSSARY OF TERMS
Project-Affected Person (PAP): Any person who, as a result of the implementation of the
Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential,
agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable
asset, either in full or in part, permanently or temporarily.
Physical Displacement: Loss of shelter and assets resulting from the acquisition of land
associated with the Project that requires the affected person(s) to move to another location.
Economic Displacement: Loss of income streams or means of livelihood resulting from land
acquisition or obstructed access to resources (land, water or forest) caused by the construction or
operation of the Project or its associated facilities. Not all economically displaced people need to
relocate due to the Project.
Project-Affected Household (PAH): A PAH is a household that includes Project-Affected
Persons as defined above. A PAH will usually include a head of household, his/her spouse and
their children, but may also include other dependents living in the same dwelling or set of
dwellings, like close relatives (e.g., parents, grandchildren).
Compensation: Payment in cash or in-kind at replacement value for an asset or a resource that is
acquired or affected by the Project at the time the assets need to be replaced. In this RAP, “cash
compensation” means compensation paid in cash or by cheque.
Resettlement Assistance: Support provided to people who are physically displaced by the
Project. Assistance may include transportation, and social or other services that are provided to
affected people during their relocation. Assistance may also include cash allowances that
compensate affected people for the inconvenience associated with resettlement and defray the
expenses of a transition to a new locale, such as moving expenses and lost work days.
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Replacement Value: The rate of compensation for lost assets must be calculated at full
replacement value, that is, the market value of the assets plus transaction costs. The replacement
value must reflect the cost at the time the item must be replaced.
Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental
disability, economic disadvantage, or social status may be more adversely affected by
resettlement than others and who may be limited in their ability to claim or take advantage of
resettlement assistance and related development benefits.
Replacement cost for houses and other structure means the prevailing cost of replacing affected
structures, in an area and of the quality similar to or better than that of the affected structures.
Such costs will include: (a) transporting building materials to the construction site; (b) any labour
and contractors’ fees; and (c) any registration costs.
Resettlement Policy Framework (RPF) is an instrument to be used throughout the Program
implementation. The RPF sets out the resettlement objectives and principles, organizational
arrangements and funding mechanisms for any resettlement that may be necessary during
implementation. The RPF guides the preparation of Resettlement Action Plans of individual sub
projects in order to meet the needs of the people who may be affected by the project.
Census: means a field survey carried out to identify and determine the number of Project
Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition and related
impacts. The census provides the basic information necessary for determining eligibility for
compensation, resettlement and other measures emanating from consultations with affected
communities and the relevant stakeholders.
Cut-off date: Cut-off date—Date of completion of the census and assets inventory of persons
affected by the project. Persons occupying the project area after the cutoff date are not eligible
for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures,
crops, fruit trees, and woodlots) established after the date of completion of the assets inventory,
or an alternative mutually agreed on date, will not be compensated.
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Displaced Persons: mean persons who, for reasons due to involuntary acquisition or voluntary
contribution of their land and other assets under the program, will suffer direct economic and or
social adverse impacts, regardless of whether or not the said Displaced Persons are physically
relocated. These people may have their: standard of living adversely affected, whether or not the
Displaced Person will move to another location; lose right, title, interest in any houses, land
(including premises, agricultural and grazing land) or any other fixed or movable assets acquired
or possessed, lose access to productive assets or any means of livelihood.
Involuntary Displacement: means the involuntary acquisition of land resulting in direct or
indirect economic and social impacts caused by: Loss of benefits from use of such land;
relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means
of livelihood, whether the Displaced Persons has moved to another location or not.
Rehabilitation Assistance: means the provision of development assistance in addition to
compensation such as land preparation, credit facilities, training, or job opportunities, needed to
enable the program Affected Persons and Displaced Persons to improve their living standards,
income earning capacity and production levels; or at least maintain them at pre-program levels.
Involuntary resettlement—Resettlement is involuntary when it occurs without the informed
consent of the displaced persons or if they give their consent without having the power to refuse
resettlement.
Land expropriation -Process whereby a public authority, usually in return for compensation,
requires a person, household, or community to relinquish rights to land that it occupies or
otherwise uses OD 4.30—The World Bank Group Operational Directive on Involuntary
Resettlement. OD 4.30 embodies the basic principles and procedures that underlie IFC’s
approach to involuntary resettlement associated with its investment projects.
Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and
potentially affected by a project or having the ability to influence a project.
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APPENDIX 1: STAKEHOLDER CONSULATATIONS
MINUTES OF PUBLIC PARTICIPATION MEETING IN THE
SETTLEMENTS ON 21 AUGUST 2014 SEPTEMBER 2014
MEMBERS PRESENT
NO NAME DESIGNATION
As per Attached Various
Attendance list
AGENDA OF THE MEETING
• Validation of community selected priorities
• Share Project information with PAPs and other interested parties in regard to project
• To discuss the issues the PAPS had regarding the project
• Deliberate on best way forward of handling issues likely to result from Resettlement and
environmental issues.
PROCEEDINGS OF MEETINGS
The meetings started at 9am hours with introductions of the parties’ present and opening
remarks from the SEC chairs.
The following were issues discussed in relation to Resettlement Action Plans
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Minute 1 /07/15 Reconstruction of the structures.
The residents wanted to know if they will be allowed to reconstruct their structures where they
initially were after the line has been laid down.
Response
Safeguards team responded that reconstruction of the structures will be illegal since there is a
law governing against construction of illegal structures on road reserves and way leaves.
Minute 2 /07/2015 Job opportunities and subcontracts
The residents wanted to know if they will be allowed to place tender fort the company they
own, especially companies associated with youth and women.
Discussion and Response
Safeguard team responded that the procurement process will be free to the public, the contract
advertised publically and all interested companies will be invited to submit their proposals for
vetting, the most qualified company will be awarded the contract.
Concerning the issue of job opportunities for the youths the Safeguards team informed the
gathering that some of the responsible youths in the area will be considered for jobs as proposed
by the ESIA project report.
He was also informed that interested youth should mobilize themselves and register with the area
chief so that their request for jobs can be forwarded formally to the contractor through the chief’s
office.
Minute 3 /07/2015 Timings for Notices to the PAPs on when to commence works
Generally resident wanted to know whether adequate notice will be issued by the authority in charge in order to allow them ample time to relocate.
Discussion and Response
Yes adequate time will be given to them just before the contractor mobilizes to the ground and also this RAP and ESIA report has proposed for the them to be allowed ample time to salvage
materials from their structures in addition to reconstructions assistance offered.
Minute 4 /10/2014 Project Width Uncertainties
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Resident wanted to know what will happen for the areas where their structures are likely to the
affected by the project, they complained that in some cases the road reserves are narrow to as
low as 6m while the area needed for the road is at a minimum of 9m
Discussion and Response
RAP team responded that areas like those ones will be given specific attention and possibility of
consulting with them with an aim of properly acquiring the extra needed metres will be
considered, such process will be spearheaded by respective county governments.
Minute 5 /10/2014 Timings for Notices to the PAPs on when to commence works
Resident of the settlement wanted to know whether adequate notice will be issued by the authority in charge in order to allow them ample time to relocate.
Discussion and Response
Yes, adequate time will be given to them just before the contractor mobilizes to the ground an also this RAP report has proposed for the them to be allowed ample time to salvage materials
from their structures in addition to reconstructions assistance offered,
Minute 6 /10/2014 More Information about the Project Route
Generally, PAPs wanted to know the extent of road and assets to be affected if the proposed
roads will follow surveyor’s beacons.
Discussion and Response
RAP team respondent remarked that the extend of structures to be affected will be those falling
within the 12m corridor for the main settlement access roads and 9m for those falling within
the internal settlement roads, yes, the project will be constructed within existing road reserve an
no private land will be acquired
There being no any other business the meeting closed at 5pm with a word of prayer
Minutes Signed
SECRETARY
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PUBLIC PARTICIPATION PHOTOS
Residents of Hawai Kimumu follow proceedings during Public Meeting
Residents of Hill school listen to remarks from SEC chair
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Public Meeting at Church hall in Kambi Nairobi settlement
SEC chair for Racecourse addressing participants
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