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NATIONAL URBAN TRANSPORT IMPROVEMENT PROJECT (NUTRIP)

CONSULTANCY SERVICES FOR REVIEWING AND UPDATING OF THE

RESETTLEMENT ACTION PLAN (RAP) FOR THE PROPOSED KISUMU

NORTHERN BYPASS

1.0 Introduction

The Government of the Republic of Kenya (GoK) has received a credit from the International

Development Association (IDA) in various currencies towards the cost of the National Urban

Transport Improvement Project (NUTRIP), and intends to apply a portion of proceeds from this

credit to eligible payments for Construction of Kisumu Northern Bypass.

The restructured project road will comprise of the following two sections;

1. Kisumu Northern Bypass from Mamboleo junction (A1/C34) on the Kisumu –

Kakamega road through Kogony, Kanyakwar and Korando and ending at Otonglo (B1)

on the Kisumu-Busia road. The road section is 8.0 km.

2. Entrance to Kisumu International Airport to Kisian Junction (B1/C27) along the

Kisumu Busia road. The road section is 7.4 km.

Fig. 1.1 indicates the location Traversed by the Proposed 8km long Mamboleo to Otonglo

Kisumu Northern By-Pass Road and entrance from the Airport to Kisian Junction

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Figure Error! No text of specified style in document.-1: Location Traversed by the Proposed 8km long Mamboleo to Otonglo Kisumu Northern

By-Pass Road and Entrance to the Airport to Kisian Junction

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2.0 Project brief outline/components

The project scope includes the construction of a 2 Lane (7.0m wide) Single Carriageway with 2m

wide shoulders from Mamboleo junction (A1/C34) to Otonglo (B1).

The works to be executed under the contract includes, but are not limited to the following:

1. Provision of Resident Engineer’s Offices and Laboratory

2. Provision of Resident Engineer’s Staff Housing

3. Construction and maintenance of deviation roads, improvement and maintenance of the

existing road, passage of traffic through the works and rendering all possible assistance to

the public when passing through the deviations or main works.

4. General construction work of Kisumu Northern Bypass from Mamboleo

junction(A1/C34) –Otonglo(B1), including but not limited to the following:

i). Site Clearance within the road reserve

ii). Topsoil stripping

iii). Earthworks as necessary including but not limited to: benching; excavation and disposal

of any unsuitable material instructed by the Engineer; scarification, processing and

compaction of in situ material under cuts or intended fills; fill in soft and hard material as

necessary; construction of subgrade including improved subgrade;

iv). Treatment of waterlogged and swampy areas

v). Erosion protection works.

vi). Removal of existing drainage structures.

vii). Provision of new box and pipe culverts.

viii). Construction of a new road over rail bridge at Otonglo

ix). Construction of an Interchange at Otonglo

x). Construction of main carriageway pavement layers including but not limited to:

Surface dressing on carriageway, shoulder and busbays:-

Asphalt Concrete Wearing Course

Dense Bitumen Macadam Base,

Cement improved graded crushed stone Subbase

Improved Subgrade where required

Fill material where required as per specifications

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Nominal pavement dimensions: 7m carriageway, 2.m shoulders.

xi). Provision of bus bays

xii). Provision of road markings and reflectorized road studs, road signs, guard rail, marker

posts and other road furniture.

xiii). Provision of facilities; pedestrian footbridges

xiv). Construction of Social Amenities

The entrance to Kisumu International Airport to Kisian Junction (B1/C27) will include the

construction of the 2 Lane (7.0m wide) Second Carriageway from the entrance of the Kisumu

International Airport up to the Kisian junction B1/C27.

The works to be executed under the contract includes, but are not limited to the following:

i). Site Clearance within the road reserve

ii). Topsoil stripping

iii). Removal of the existing bituminous pavement

iv). Earthworks as necessary including but not limited to: benching; excavation and disposal

of any unsuitable material instructed by the Engineer; scarification, processing and

compaction of in situ material under cuts or intended fills; fill in soft and hard material as

necessary; construction of subgrade including improved subgrade;

v). Construction/Rehabilitation of the Kisian River Bridge

vi). Construction of an Intersection at Kisian junction

vii). Erosion protection works.

viii). Removal of existing drainage structures.

ix). Provision of new box and pipe culverts.

x). Construction of main carriageway pavement layers including but not limited to:

• Surface dressing on carriageway, shoulder and busbays:-

• Asphalt Concrete Wearing Course

• Dense Bitumen Macadam Base,

• Cement improved graded crushed stone Subbase

• Improved Subgrade where required

• Fill material where required as per specifications

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• Nominal pavement dimensions: 7m carriageway, 2.m shoulders.

xi). Provision of bus bays

xii). Provision of road markings and reflectorized road studs, road signs, guard rail, marker

posts and other road furniture.

xiii). Provision of pedestrian facilities

xiv). Provision of Social amenities

3.0 RAP Reviewing and Updating Justification

Kenya National Highways Authority (KeNHA) has undertook the preparation of the

Resettlement Action Plan for the proposed Kisumu Northern Bypass approximately 8km in the

year 2011 based on the initial Environmental Category ‘B’ classification of the project.

However, based on recent review, the road project has been reclassified as Category ‘A’ project,

since the project is likely to have significant adverse environmental and social impacts that are

sensitive, diverse or unprecedented. The NUTRIP project has likewise been restructured and the

proposed road will include second carriage from the entrance to Kisumu International Airport to

Kisian Junction (B1/C27). This has necessitated the review and updating of the initial RAP by

independent consultant, in accordance with the requirements of Category A project and to

include the section (about 7 km) which was initially not part of the project.

This Terms of Reference (ToR) cover the independent review and updating of Resettlement

Action Plan (RAP) prepared in 2011, for the proposed Kisumu Northern Bypass and the

second carriage from the entrance to Kisumu International Airport to Kisian Junction

(B1/C27). This RAP shall be reviewed and updated in a manner consistent with World Bank

Safeguards Policies and Procedures, relevant laws and regulations of the Government of Kenya

(GoK), and KeNHA Environmental and Social policy requirements.

4.0 Objectives of the Assignment

The objectives of the assignment are: (1) to review the existing RAP report and the process

through which it was prepared in terms of its completeness, consistency and compliance with the

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World Bank Involuntary Resettlement Policy (OP/BP 4.12); (2) to undertake the necessary

activities to complete, rectify and/or address any gaps in the existing RAP report and the process

through which it was prepared, including additional survey, consultation and coordination with

the project design and other teams; (3) carry out RAP for the second carriage from the entrance

to Kisumu International Airport to Kisian Junction (B1/C27) (the result which will be included in

the RAP done in 2011 and (4) to revise and/or update the current RAP report in the form and

substance that is consistent and compliant with World Bank OP/BP 4.12.

5.0 Project Site

The project is located in Kisumu County, Kisumu City, The original Kisumu Northern By-Pass

started at Mamboleo Junction of Kisumu-Kakamega (A1) Highway. After Mambo Leo Junction,

the Kisumu Northern Bypass goes through quarry field, then after first curve, heads towards

piedmont of Kanyakwar Hills at Riat Tor (Hill). Then it curves around the Kogony Hill, passes

infront of Jans Senior Academy and runs for about 1 km. After curving out westward after Tor 9,

it crosses Riat-Paradise Murram road 100 m to the south of Abuson Shop. After avoiding the

eastern flank of the Abuson River, the bypass then runs southwards in a straight line. It crosses

Kisumu – Butere rail line before ending on an Intersection on Kisumu-Kisian (B1) Road at a

point about 400 m to the east of Kotetni Primary School fence. The will be expanded in the

adjoining Kisumu Airport-Kisian road section to terminate at Kisian junction.

This Terms of Reference (ToR) cover the independent review and updating of Resettlement

Action Plan (RAP) prepared by the design consultant in 2011, for the proposed construction

Kisumu Northern Bypass and the second carriage from the entrance to Kisumu

International Airport to Kisian Junction (B1/C27).

6.0 Scope of Work

6.1 Review of the Existing RAP.

The consultant shall undertake a thorough review of the existing RAP in terms of: (a)

consistency with respect to the Project’s ESIA and the Project’s Feasibility Study and/or

Detailed Engineering Design and/or other similar project documents; and, (b) completeness and

compliance with the World Bank’s Involuntary Resettlement Policy (OP/BP 4.12), as well as any

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applicable provisions of the Indigenous People Policy (OP/BP 4.10) (Ogoni Community).

Specifically, the consultant shall review the following items of the existing RAP:

(1) Description of the project

This section should discuss the following:

(a) Project component or activities that give rise to resettlement;

(b) Zone of impact of such component or activities;

(c) Alternatives considered to avoid or minimize resettlement; and

(d) Mechanisms established to minimize resettlement, to the extent possible, during

project implementation,

(2) Census and Socio-economic survey studies.

: This section should discuss the following:

(a) A verified PAPs census survey covering current occupants of the affected area to establish a

baseline for the design of the resettlement program and to exclude subsequent inflows of people

from eligibility for compensation and resettlement assistance.

(b) The results of the socio- economic survey to include:-

i. Social characteristics of the potential PAPs, including a description of production systems,

labour, and household organization; and baseline information on livelihoods (including, as

relevant, production levels and income derived from both formal and informal economic

activities) and standards of living (including health status) of the displaced population and

gender distribution;

ii. The magnitude of the expected loss (total or partial) of assets, and the extent of

displacement, physical or economic;

iii. Social infrastructure and services;

iv. Information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom

special provisions may have to be made; and

v. Provisions to update information on the displaced people's livelihoods and standards of

living at regular intervals so that the latest information is available at the time of their

displacement;

vi. Attitude to the project

vii. Social and cultural characteristics of affected communities, including a description of

formal and informal institutions (e.g., community organizations, ritual groups,

nongovernmental organizations (NGOs) that may be relevant to the consultation strategy

and to designing and implementing the resettlement activities

(3) Review and update the legislation and Regulatory Framework

This section shall discuss the legislation and regulatory framework relevant to resettlement.

(a) The scope of the power of eminent domain and the nature of compensation associated

with it, in terms of both the valuation methodology and the timing of payment;

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(b) The applicable legal and administrative procedures, including a description of the

remedies available to displaced persons in the judicial process and the normal

timeframe for such procedures, and any available alternative dispute resolution

mechanisms that may be relevant to resettlement under the project;

(c) Relevant law (including customary and traditional law) governing land tenure,

statutory mechanism for land acquisition, valuation of assets and losses,

compensation, and natural resource usage rights; customary personal law related to

displacement; and environmental laws and social welfare legislation that are related

to resettlement;

(d) Laws and regulations relating to the agencies responsible for implementing

resettlement activities; Indicate the provisions of the World Bank’s OP.4.12 including

a comparative analysis of the OP.4.12 and Kenya’s regulations related to involuntary

relocation; present the similarities, differences and gaps, and provide mechanisms to

address the gaps; and

(e) Any legal steps necessary to ensure the effective implementation of resettlement

activities under the project, including, as appropriate, a process for recognizing claims

to legal rights to land including claims that derive from customary law and traditional

usage (see OP 4.12, para.15 b);

(f) Commonalities between GoK, and the Bank guidelines, basis for effecting payment

outside Kenyan legal system.

(4) Public Participation and Community Consultation

This component should be reviewed to ensure provision of

(a) A description of the strategy for consultation with and participation of PAPs in the design,

implementation of the resettlement activities and modalities for disclosure;

(b) A plan for stakeholder engagement in the resettlement planning process;

(c) A summary of the views expressed and how these views were taken into account in preparing

the resettlement plan;

(d) A review of the resettlement alternatives presented and the choices made by displaced

persons regarding options available to them, including choices related to forms of

compensation and resettlement assistance, to relocating as individuals, families or as parts of

pre-existing communities or kinship groups, to sustaining existing patterns of group

organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage

centers, graves and cemeteries);and

(e) Institutionalized arrangements by which displaced people can communicate their concerns to

project authorities throughout planning and implementation, and measures to ensure that such

vulnerable groups as indigenous people, ethnic minorities, the landless, and women are

adequately represented.

(5) Involuntary Resettlement Impacts of the Project

The review should ensure adequate information are provided on the following::-

i. Land tenure and transfer systems, scope of land acquisition, distribution of land

acquisition in administrative units, nature of land to be acquired for the project,

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including an analysis of development status of land owned by individual PAP

households, analysis of likely extent of damage to assets, crops and trees; analysis of

potential displacement of livelihoods; inventory of common property natural resources

from which people derive their livelihoods and sustenance; properties/sites of cultural

importance (e.g. graves, grave yards, shrines); non-title-based usufruct systems

(including fishing, grazing, or use of forest areas) governed by local recognized land

allocation mechanisms, and any issues raised by different tenure systems in the project

area;

ii. The patterns of social interaction in the affected communities, including social networks

and social support systems, and how they will be affected by the project;

iii. Analysis of potential displacement of communal assets including public infrastructure

and social services that will be affected; and

iv. Include feasible impact mitigation measures to adequately address issues on loss of

assets, livelihoods, community property and sites of cultural importance. This should

entail any specific measures to be considered the design and implementation of the RAP

and at project construction stage.

v. Determine and identify the induced impacts as a result of the project

(6) Valuation of and compensation for losses

The RAP should discuss the methodology to be used in valuing losses to determine their

replacement cost; and a description of the proposed types and levels of compensation under local

law and such supplementary measures as are necessary to achieve replacement cost for lost

assets. When reviewing the system for compensation, the following should be verified and

completed:

a) Identification and preparation of an inventory of impacted properties and livelihoods for

each household whether land owner licensee, tenant, or illegal occupant (female headed,

male headed, number if males and females per household)

b) Established compensation criteria and strategies

c) Definition of the methodology to be used in valuing losses, to determine their

replacement cost; and a description of the proposed types and levels of compensation

under GoK regulations and such supplementary measures as are necessary to achieve

replacement cost for lost assets.

d) Verify valuation of all land affected both within the ROW and assets including structures,

properties, trees crops and livelihoods affected by the project (disaggregated data) in

order to provide the basis for compensation/resettlements; to be acquired and livelihoods

lost;

e) Specify procedures for compensation payment-paying attention to gender aspects, power

and control.

f) Ensure provision for assistance to vulnerable groups – specify who are vulnerable and the

type of assistance that can be given in support of their livelihoods.

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(7) Eligibility

Provide the definition of displaced persons, criteria for determining their eligibility for

compensation and other resettlement assistance, including relevant cut-off date.

(8) Resettlement measures and entitlement matrix

The RAP should provide a description of the packages of compensation and other resettlement

measures that will assist each category of eligible displaced persons including the vulnerable

populations to achieve the objectives of the policy. In addition to being technically and

economically feasible, the resettlement packages should be compatible with the cultural

preferences of the displaced persons, and prepared in consultation with them.

(9) Grievance Redress procedures

The RAP should describe a grievance redress mechanism that provides affordable and accessible

procedures for settlement of disputes arising from resettlement. This should also include a review

of the already established PAPs committee to ensure representation of the women, men and

youth as well clarification of their duties and management procedures. The grievance redress

mechanisms should take into account the provisions of the National Land Commission and

availability of judicial recourse; and community and traditional dispute settlement mechanisms.

(10) Institutional Arrangements

The RAP shall include organizational framework for implementing resettlement, including

identification of agencies responsible for delivery of resettlement measures/activities and

provision of services; provide analysis of NGOs that may have a role in project implementation. .

Explore the arrangements to ensure appropriate coordination between agencies and jurisdictions

involved in implementation; and any measures (including technical assistance) needed to

strengthen the implementing agencies' capacity to design and carry out resettlement activities;

provisions for the transfer to local authorities or PAPs themselves of responsibility for managing

facilities and services provided under the project and for transferring other such responsibilities

from the resettlement implementing agencies, when appropriate

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(11) Measures for Monitoring and Evaluation

The RAP shall include arrangements for internal monitoring of resettlement activities by the

implementing agency, supplemented by independent external monitoring as considered

appropriate by the World Bank; to ensure complete and objective information; performance

monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities and

means of verification; involvement of the displaced persons in the monitoring process;

evaluation of the impact of resettlement for a reasonable period after all resettlement and related

development activities have been completed; using the results of resettlement monitoring to

guide subsequent implementation.

(12) Prepare an Implementation schedule

To review the implementation schedule and ensure that all resettlement activities from the

review of the RAP through implementation including timelines for the achievement of expected

benefits to potential PAPs and termination of the various forms of assistance. The schedule

should indicate how the resettlement activities are linked to the implementation of the overall

project.

(13) Review of Resettlement Cost Estimates and Budget

The RAP shall provide an estimate of the costs of the resettlement process and total budget for

the RAP in table format showing itemized cost estimates for all resettlement activities, including

allowances for inflation, population growth, and other contingencies; timetables for

expenditures; sources of funds; and arrangements for timely flow of funds, and funding for

resettlement, if any, in areas outside the jurisdiction of the implementing agencies.

5.2. Updating/Revising the RAP

Based on the review, the consultant shall update and revise the RAP section by section to address

any inconsistencies and gaps, including but not limited to the following:

(a) Any critical gaps in the preparation of the RAP such as inadequate consultation and lack of

coordination with the Project’s engineering team. In case there were critical gaps in the

preparation of the RAP, the consultant shall undertake corrective activities as necessary,

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including additional consultation and coordination. The consultation process should be done in

line with category A project requirements.

(b) Inconsistencies and/or gaps in the PAP eligibility criteria; their entitlements based on existing

laws (which is related to land tenure system and property laws, ethnic status, socioeconomic

categories, etc.) and; the process of compensation and resettlement of PAPs, with respect to the

OP/BP 4.12 and the relevant and applicable Kenyan laws and regulations.

(c) Inconsistencies and/or gaps in the Project Description, particularly in the project component

activities that will give rise to involuntary resettlement impacts, i.e. activities that cause the

acquisition, damage and/or displacements of lands, structure, crops and other assets, and the

displacement of livelihood and/or restriction of access to means of livelihood. In case the

detailed Engineering Design is not yet available or is still under preparation, the consultant shall

regularly consult and coordinate with the project’s engineering team in the revision of the RAP.

The consultant will do the same with the ESIA team if the ESIA study is still under preparation.

(d) Gaps in the list of PAPs and their profile data which are needed to determine their

entitlements and necessary assistance (such as the case of vulnerable PAPs). In case the list of

PAPs and their profile data are incomplete, the consultant shall undertake additional survey as

necessary to, among others: (i) identify additional PAPs and the types and extent of impacts; (ii)

validate unclear/unverified PAPs; (iii) gather data and information regarding PAP’s

socioeconomic status, especially those that would help determine whether they belong to

vulnerable groups.

(e) Gaps in the adopted process and procedures of valuation of lost/damaged assets, payment of

compensation and extension of assistance. This includes any gaps in the grievance redress

mechanisms.

(f) Gaps in the institutional arrangement and capacity building of the implementing unit

(g) Examine RAP costs and budget

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7.0 Format and Outline of Resettlement Action Plan

In revising the RAP, the consultant shall adopt the following format as prescribed by the WB

OP/BP 4.12

1. Executive Summary

2. Introduction

3. Project Description

4. Minimizing Resettlement

5. Census and Socioeconomic Surveys

6. Legal Framework

7. Participation and Consultation

8. Eligibility Criteria

9. Project Impacts and Entitlement Matrix

10. Valuation Criteria

11. Resettlement Sites

12. Income Restoration

13. Grievance Redress Mechanism

14. Institutional Arrangements

15. Monitoring and Evaluation

16. Implementation Schedule

17. Costs and Budgets

18. References

19. Annexes

C: Facilities and key documents to be provided by the Client The Client will provide the following subject to availability:

I. Latest/updated project design documents

II. Latest RAP report

III. Latest ESIA report

IV. Access to other relevant information to the extent of its availability

V. Access to the project site and other sites belonging to the Client as the Consultant

may request

The consultant shall be assisted by the Client in any needed consultation/coordination with the

project engineering and design teams and the ESIA team.

D. Consultant Minimum Qualification and Team Composition

The Consultant shall have had extensive experience in preparation of RAPs for roads and other

infrastructure projects financed by World Bank.

The consultant undertaking the update of the RAP is expected to be a sociologist but will be

expected to include in his/her team a registered valuer.

(a) Sociologist /Team Leader for RAP

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At least a Master’s Degree in Social Sciences or related training from a

recognized University

Minimum overall experience of 10 years, with at least 5 years’ practical

experience on similar projects in sub-Saharan Africa

Participation in an RAP for large infrastructure project that met the requirements

of an International Financial Institution, such as the World Bank, IFC , JICA,

KfW, AfDB, or EIB

He/she should have served in a similar capacity and with relevant experience in

preparation and implementation of Resettlement Action Plan and as a team leader

in at least three (3) similar infrastructure projects. Previous experience on bank

funded projects implemented by KeNHA within Kenya will be an advantage.

(b) Registered Land Valuer

He/ She must possess BA. Degree in Land Economics from a recognized University, Full

Membership with the Institution of Surveyors of Kenya, with at least ten (10) years post-

qualification professional experience. He/She must be a Registered Land Valuer with the

Valuers Registration Board (VRB) with a valid annual Practicing license.

He/ She must have served in similar capacity in preparation of Resettlement Action Plan

for at least three (3) roads projects. Previous experience on road projects within Kenya

will be an advantage.

E: Reports and Time Schedules

Commencement

The Consultant shall commence the RAP review and updating within seven (7) calendar days of

the effective date of signing of the contract with the Client.

Reports

The Consultant shall prepare and submit the following reports to the Client. All reports shall be

in English and prepared on A4 metric size.

I. Inception Reports: This report shall summarize the initial findings and give defined

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proposals covering the methodologies to be employed for different tasks for the RAP, and

a detailed work program of all major activities of the assignment (3 No. Hard copy and

2No. Soft copy to Client for each report).

II. Draft Final Reviewed and Updated RAP Report: This report shall summarize the

findings, analyses, results and recommendations of the study, and shall contain all

supporting materials - (3 No. Hard copy and 2 No. Soft copy to Client for each report).

III. Final Reviewed and Updated RAP Report: The report shall incorporate all revisions

deemed necessary arising from comments received from the Client and the Financier

following discussions and agreement from the client and the Consultant – (6 No. Hard

copy and 3No. Soft copy to Client for each report).

Format of the Reports

The reports shall be provided in CD-ROM in Microsoft Word for text, Microsoft Excel for

tables/graphs and spread sheets and AutoCAD for drawings (if any).

Submission of Reports

The above reports shall be submitted to:

Director (Development)

Kenya National Highways Authority

Blue Shield Towers

P.O Box 49712-00100

NAIROBI

Implementation Time Schedule

The expected schedule of the assignment is as follows:

a) The Consultant shall commence the RAP review and updating within seven (7)

calendar days of the effective date of the contract. The effective date shall be the date

on which the Consultancy agreement shall be signed by the Client.

b) The review and updating Consultancy will take a total of Eight (8) weeks

c) The following tentative time schedule shall be observed in carrying out the studies:

Activity Month Responsibility

(i) Effective Date of Contract M+0 KeNHA

(ii) Commencement of Services M+0.2 Consultant

(Reviewed and Updated RAP Report)

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(iii) Inception Report M+0.5 Consultant

(iv) Draft Final Report M+1.5 Consultant

(v) Final Report M+2 Consultant

The consultant is expected to indicate clearly assignment critical milestones, with timing for each

activity; taking into account the duration of the entire project implementation period.

In addition to the above, the Consultant shall clearly outline the scheduling of activities for the

RAP.