Kenya - Feasibility Studies and Detailed Engineering

Kenya National Highways Authority

Resettlement Action Plan for the Upgrading of Taveta – Mwatate Road

FEASIBILITY STUDIES AND DETAILED

ENGINEERING DESIGN OF THE MULTINATIONAL

ARUSHA – HOLILI/TAVETA – VOI ROAD

RESETTLEMENT ACTION PLAN (RAP)

FINAL REPORT

October 2012

Submitted to:


Bluesheild Towers, Hospital Road, Upper Hill.

P.O. Box 49712 - 00100 Nairobi. Kenya.

Tel: +254 020 8013842

Email: [email protected]

Website: www.kenha.co.ke

Prepared by:

Timau Plaza, Argwings Kodhek Road, 4th Floor

P.o Box 76672-00508

Nairobi, Kenya

Tel: +254 (020) 3867715/3867716


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mailto:[email protected]



Proponent:

KENYA NATIONAL HIGHWAYS AUTHORITY

Assignment:

RESETTLEMENT ACTION PLAN FOR TAVETA – MWATATE ROAD

Name and Address of the Consultant:

Timau Plaza, Mbagathi Rd, Hurlingham

P.O. Box 76672-00508

Nairobi, Kenya

Tel: +254 20 3867715/3867716


Signed:________________ Date: __________

For: Egis International

Name and Address of the Proponent:


Bluesheild Towers, Hospital Road, Upper Hill.

P.O. Box 49712 – 00100

Nairobi. Kenya.

Tel: +254 020 8013842


Website: www.kenha.co.ke

Signed: ____________________ Date: ________

For: Kenya National Highways Authority

Disclaimer:

This Resettlement Action Plan is strictly confidential to, Kenya National Highways Authority and any use of the materials thereof should

strictly in accordance with the agreement between Kenya National Highways Authority and Egis International (the Consultant).

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TABLE OF CONTENTS

EXECUTIVE SUMMARY.................................................................................................................... 1

1. INTRODUCTION ....................................................................................................................... 1

1.1 Background .................................................................................................................................. 1

1.2 The Project Location ..................................................................................................................... 1

1.3 Summary Description ................................................................................................................... 2

1.4 Objectives and scope of the RAP ................................................................................................... 2 1.4.1 Objectives ........................................................................................................................................................... 2 1.4.2 Scope of the Resettlement Plan .......................................................................................................................... 3

2. METHODOLOGY ...................................................................................................................... 4

2.1 The RAP Process ........................................................................................................................... 4 2.1.1 Literature review................................................................................................................................................. 4 2.1.2 Field activities ..................................................................................................................................................... 4 2.1.3 Data analysis and reporting ................................................................................................................................ 5

2.2 Timeframe ................................................................................................................................... 5

2.3 Structure of the Resettlement Action Plan report .......................................................................... 5

3. PROJECT DESCRIPTION ............................................................................................................. 6

3.1 Current status .............................................................................................................................. 6

3.2 Proposed road project .................................................................................................................. 6

3.3 Project activities/Works ............................................................................................................... 8

4. LEGAL FRAMEWORK .............................................................................................................. 10

4.1 Kenya Country policies on resettlement ...................................................................................... 10

4.2 The land tenure system .............................................................................................................. 10

4.3 Acts Relevant to resettlement .................................................................................................... 11 4.3.1 Land Acquisition in Kenya ................................................................................................................................. 11 4.3.2 Acts related to RAP in Kenya ............................................................................................................................. 12

4.4 African Development Bank’s Policy on Involuntary resettlement ................................................. 14

4.5 Commonalities between GoK and AfDB guidelines ...................................................................... 16

5. SOCIO - ECONOMIC PROFILE OF THE PAPS .............................................................................. 18

5.1 Sources of data .......................................................................................................................... 18

5.2 Education ................................................................................................................................... 18

5.3 Livelihoods and income levels ..................................................................................................... 19

5.4 Land tenure systems ................................................................................................................... 19

5.5 Household structures ................................................................................................................. 20 5.5.1 Damage to assets .............................................................................................................................................. 20 5.5.2 Displacement of communal assets/special interest assets............................................................................... 21

5.6 Other Surveys ............................................................................................................................ 21

6. PUBLIC CONSULTATION AND COMMUNICATION .................................................................... 24

6.1 Consultation and community participation ................................................................................. 24



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6.2 Stakeholder consultation ............................................................................................................ 24

6.3 Future Consultations and RAP Disclosure .................................................................................... 27

7. IMPACTS OF THE PROJECT ..................................................................................................... 28

7.1 Impact Activities ......................................................................................................................... 28

7.2 Impact Areas .............................................................................................................................. 28

7.3 The Project Affected Persons ...................................................................................................... 29

7.4 Impacted properties ................................................................................................................... 30 7.4.1 Impacts on Land and farmland ......................................................................................................................... 31 7.4.2 Impacts on structures ....................................................................................................................................... 31 7.4.3 Impacts on Loss of Trees and Crops .................................................................................................................. 32 7.4.4 Impacts of relocation on public facilities and services ..................................................................................... 32 7.4.5 Impacts on Loss of Incomes .............................................................................................................................. 33 7.4.6 Impacts on Socio-cultural network and support systems ................................................................................. 33

7.5 Impacts on Vulnerable Groups .................................................................................................... 33

7.6 Minimising resettlement and losses ............................................................................................ 34

7.7 Preliminary evaluation of compensation preferences .................................................................. 34

7.8 Impact mitigation measures in the construction stage ................................................................. 35

8. INSTITUTIONAL FRAMEWORK ................................................................................................ 36

8.1 Overview ................................................................................................................................... 36

8.2 Agencies for the RAP implementation ......................................................................................... 36 8.2.1 Ministry of Roads .............................................................................................................................................. 36 8.2.2 The Kenya National Highways Authority (KeNHA) ............................................................................................ 36 8.2.3 Ministry of Lands .............................................................................................................................................. 36 8.2.4 Ministry of Agriculture and Ministry of Forestry .............................................................................................. 36

8.3 The process of Resettlement and compensation .......................................................................... 36

8.4 Organisational Structure for RAP Implementation and compensation .......................................... 37

9. GRIEVANCE REDRESS MECHANISM ........................................................................................ 39

9.1 Sources of Grievances /Disputes ................................................................................................. 39

9.2 Proposed procedure for grievance redress and management ....................................................... 39

10. ELIGIBILITY ......................................................................................................................... 42

10.1 Introduction ............................................................................................................................... 42

10.2 Eligibility criteria ........................................................................................................................ 42

10.3 Cut-Off Date for Eligibility of Compensation ................................................................................ 42

10.4 PAPs’ Entitlements ..................................................................................................................... 42

11. VALUATION OF AND COMPENSATION FOR LOSSES ............................................................. 44

11.1 Valuation Methodology .............................................................................................................. 44

11.2 Data Collection ........................................................................................................................... 44

11.3 Analysis of Field Data ................................................................................................................. 44 11.3.1 Buildings and Houses .................................................................................................................................... 44 11.3.2 Boundary Fences .......................................................................................................................................... 45 11.3.3 Trees and Crops ............................................................................................................................................ 45 11.3.4 Forests and Bushes ....................................................................................................................................... 45



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12. RESETTLEMENT SITE ........................................................................................................... 46

12.1 Resettlement alternatives and choices ........................................................................................ 46

12.2 Measures to prevent influx of ineligible persons at the selected sites; ......................................... 46

12.3 Integration with host communities ............................................................................................. 46

12.4 Resettlement Options................................................................................................................. 46

12.5 Environmental protection ........................................................................................................... 46

13. LIVELIHOOD RESTORATION ................................................................................................ 48

13.1 Livelihood disturbance and dislocation ....................................................................................... 48

13.2 Strategies for livelihoods restoration .......................................................................................... 48

14. IMPLEMENTATION ARRANGEMENTS AND SCHEDULE ......................................................... 50

14.1 Overview ................................................................................................................................... 50

14.2 Implementation Schedule ........................................................................................................... 50

15. COSTS AND BUDGET ........................................................................................................... 51

15.1 The RAP Compensation Budget ................................................................................................... 51

15.2 The RAP Implementation Budget ................................................................................................ 52

16. MONITORING AND EVALUATION ........................................................................................ 53

16.1 RAP Monitoring Framework ....................................................................................................... 53

16.2 Internal monitoring .................................................................................................................... 53

16.3 External monitoring .................................................................................................................... 53

16.4 Monitoring indicators ................................................................................................................. 54

16.5 Agency responsibilities ............................................................................................................... 55

REFERENCES ................................................................................................................................. 56



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List of Tables

Table 1: Provisions available for resolution of observed gaps ................................................................................ 16

Table 2: Assets likely to be displaced by the road project ........................................................................................ 20

Table 3: House Building Materials for the affected structures ................................................................................ 20

Table 4: Detailed PAP participation in consultative forums ..................................................................................... 25

Table 5: PAPs Issues raised and the Responses to the Issues raised ................................................................... 26

Table 6: Administrative areas affected by the project road ...................................................................................... 28

Table 7: Project affected households and persons by administrative locations .............................................. 29

Table 8: List of affected institutions .................................................................................................................................... 29

Table 9: Affected properties ................................................................................................................................................... 30

Table 10: Public structures/institutions affected ............................................................................................................ 32

Table 11: Vulnerable PAP members ...................................................................................................................................... 34

Table 12: Entitlement Matrix ................................................................................................................................................... 43

Table 13: RAP implementation schedule............................................................................................................................. 50

Table 14: Cost estimates for compensation and RAP implementation ................................................................... 51

Table 15: Costs for implementation of the RAP ................................................................................................................ 52

Table 16: Monitoring Indicators ............................................................................................................................................ 54

List of Figures

Figure 1: Location of the Project Road ................................................................................................................................... 1

Figure 2: Project Location Route: Mwatate Taveta + Taveta bypass ......................................................................... 2

Figure 3: Alignment for Mwatate and Taveta Road........................................................................................................... 6

Figure 4: Satellite view of the proposed re-alignment at km 14+000 to km 25+000 ......................................... 7

Figure 5: Satellite view of the proposed re-alignment at km 51+700 to km 57+000 ......................................... 7

Figure 6: Satellite view of the proposed improvements around ................................................................................. 8

Figure 7: Sex distribution for the PAPs ............................................................................................................................... 18

Figure 8: Highest education levels attained by PAPs ..................................................................................................... 19

Figure 9: Livelihood sources .................................................................................................................................................... 19

Figure 10: Main PAP clans ...................................................................................................................................................... 21

Figure 11: PAPs membership in organisations .............................................................................................................. 22

Figure 12: Institutional Arrangement for RAP Implementation............................................................................. 37

Figure 14: Grievance Redress Procedure ......................................................................................................................... 41



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ABBREVIATIONS

A.C.K Anglican Church of Kenya

A.I.C African Inland Church

AIDS Acquired Immune Deficiency Syndrome

CBD Central Business District

CBOs Community Based Organizations

CRC County Resettlement Committee

DC District Commissioner

DRC Dispute Resolution Centre

EMCA Environmental Management Co-ordination Act

ESIA Environmental and Social Impact Assessment

FOSA Front Office Service Associations

GRC Grievance Redress Committee

HBP High Blood Pressure

HIV Human Immunodeficiency Virus

ICT Information Communication Technology

KeNHA Kenya National Highways Authority

km2 Kilometer Squared

Kshs Kenya Shilling

KWFT Kenya Women Finance Trust

M2 Meter Squared

Ms-Excel Microsoft Excel

NEMA National Environmental Management Authority

NGO Non Governmental Organization

NLP National Land Policy

no Number

PAPCs Project Affected Persons Committees

PAPs Project Affected Persons

PIC Public Information Centre

PIU Project Implementation Unit

RAP Resettlement Action Plan

RAPAS Resettlement Action Plan Activity Schedule

ROW Right of Way

SACCO Savings and Credit Cooperative Society

SMEP Small & Micro Enterprise Programme

STI Sexually Transmitted Infections

TB Tuberculosis

VIP Ventilated Improved Pit (Latrine)



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EXECUTIVE SUMMARY

Introduction

The Governments of the United Republic of Tanzania (GOT) and the Republic of Kenya (GOK), within the

development framework of East African Community (EAC), wish to improve the transport infrastructure,

through rehabilitation and upgrading of the road network. This will improve and support economic development

programmes, deepen economic co-operation, and foster regional integration within the EAC. Arusha –

Holili/Taveta – Mwatate Road is one of those roads earmarked for construction with financing from the AfDB.

The Taveta – Mwatate road project section, in Kenya, is the subject of this RAP report.

Taveta – Mwatate road is located in the Coast province in the County of Taita Taveta and within the two

districts of Taveta and Mwatate. The road starts in Mwatate market and traverses through the Tsavo West

National Park and terminates at Taveta town/Holili boarder. The entire road is currently a gravel surface

carriageway with a width of 7.0 m wide with 2.0m shoulders on either side. The proposed upgraded Road will

have a Reserve (right of way) of 60m along its total length including the Taveta bypass. This reserve will

however be reduced to 35m in the urban town of Taveta to reduce on the impact on people. Upgrading of the

road will involve realignment at certain sections of the road, but only up to 1.5 km from the current alignment.

RAP Objectives and scope

This Resettlement Action Plan (RAP) is developed in compliance with the AfDB Policy on involuntary

resettlement, which requires a RAP to be prepared in cases where more than 200 persons are affected negatively

by any project under its funding. Upgrading of Taveta – Mwatate road triggers this policy where a total of 2,365

persons are to be affected and therefore the need to develop a RAP to provide guiding principles to be followed

when involuntary land acquisition is undertaken. The RAP provides a clear definition of the PAPs by socio-

economic and gender category; the cut-off dates for eligibility for compensation and; the assets to be

compensated at replacement cost. It also establishes the land acquisition and compensation processes and;

applies the Kenyan law and AfDB policies on resettlement.

The RAP was developed through a comprehensive process including documentary review, field visits and

observation; census survey of the Project Affected Persons (PAPs); consultative meetings with PAPs and in-

depth discussions with other stakeholders. The PAPs consultative meetings were undertaken between 12th and

28th April 2012.

Impacts of the Project

Upgrading of the Taveta – Mwatate road will require land acquisition hence physical displacement of people,

loss of shelter, assets, income sources and livelihoods, and restriction of access to economic resources. The

project impacts will occur in the 17 sub-locations of Mwatate and Taveta districts but will mainly be

concentrated in Taveta town. The total number of project affected persons (PAPs) as determined from the

census surveys is 2,365 PAPs. The road will affect 842 structures buildings, fences, pit latrines, boreholes,

hotels/restaurants, pubs, residential houses and cattle sheds in addition to 34 institutions (churches, schools,

churches, offices, health facilities and cattle dips, among others. In addition, the road will affect 85 fences and

34 graves.

Various measures have been proposed to minimize the project impacts due to land acquisition and disturbances.

These include reducing the road reserve, redesigning the project route at certain points, facilitating consultations

and participation with the PAPs, and putting appropriate impact limitation and mitigation measures in the

construction and design stages

Socio-Economic Profile of the PAPS

A total of 397 households were enumerated including 11 government offices and 19 institutions. The socio-

economic profile of the 397 households revealed that the total affected population is 2,365 where 50.95% were

females and 49.05% were males. (The total number of people in government offices and institutions was not

established hence they are treated as one entity).

Literacy levels among the PAPs stood at 55%. In terms of livelihood sources, 25% of the PAPs are farmers,

29% traders, 14% civil servants and the rest are either in school or engaged in other economic activities

including charcoal burning, employed in the private sector and the retired



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The average land size for individual PAP households is 1.3 acres. PAPs indicated to have acquired the land they

live in through inheritance (48%), purchase (21%) and through others means (31%). 56% of the PAPs indicated

to own the land they were residing on while 15% of the PAPs resided on the land on lease basis and 29%

indicated to be squatters. 16% indicated to have Title deeds to their land while 14% had Allotment letters The

rest did not have documents of ownership to the land. The average number of structures per household is four

with some having as many as 18. 30% of the structures owned by enumerated household(s) translating to two

units per household will be affected

The project area is inhabited by a number of tribes including Taita, Taveta and Kamba among others. These are

divided into tens of clans. 91% of the PAPs are Christians and 9% are Muslims. Three main shrines exist in this

region: Voilole (Mwatate district) Challa Kendong and Kichongoji (Taveta district) which are however over 10

Kms from the project road.

Legal and Institutional Framework

The Kenya constitution acts and African Development Bank’s resettlement policies on involuntary resettlement

policy have been used to develop this RAP. The same will be followed during implementation of the plan. Thus

while the process and procedures of land acquisition will be governed by Compulsory Acquisition Act Cap 295

and other related laws in the country, internationally policies that will be incorporated in determining the PAPs

entitlement will include the AfDB policies and guidelines as outlined in the AfDB involuntary resettlement

policy, 2003 where development of public transport facilities like roads is covered. Both the Kenyan laws and

AfDB policies recommend prompt and fair compensation that would restore or improve the livelihood of the

PAP to the level before the resettlement. In the Kenyan constitution, the relevant acts are: CAP 295 on

compulsory land acquisition, Government Lands Act Cap 280, Land Titles Act Cap 282, Registration of Titles

Act Cap 281, Land (Group Representatives) Act Cap 287, Trust Land Act Cap 285, Registered Land Act Cap

300, Land control Act 302, Mining Act 306, Agriculture Act 318 and Environmental Management and Co-

ordination Act among others.

Implementation of this RAP and compensation necessitated by upgrading of the Taveta - Mwatate road will

involve the proponent (KeNHA), Ministries of Lands, Agriculture, Forestry and Public Works, and the

contractor. Each of these will play key roles to ensure smooth implementation of the RAP whose process of

implementation include clearance by the GOK and AfDB, verification of property ownership and valuation,

relocation of the PAPs and implementation of programmes aimed at restoration of livelihoods.

Public Consultation and Communication

The RAP development and its implementation is primarily a PAPs affair and they were involved and should

fully participate to ensure its successful implementation. The involvement of the PAPs was both individually

and through a number of consultative forums. During both of these encounters, the PAPs were made aware of

the project design, legal aspects of land acquisition, compensation arrangements and grievance redress systems.

In such meetings, the PAPs requested and had clarifications made on property inheritance for compensation

issues of properties whose ownership is in court and grave inundation. This RAP takes into account extensive

future consultations and disclosures. In general, stakeholders and the community are aware of the importance

and do appreciate the project road.

Grievance redress

Grievances redress mechanisms and procedures which are simple, transparent, accessible to all the PAPs,

flexible and speedy/just/fair are available. The main conflicts and grievances are likely to arise from mistakes on

inventory of the affected properties, disagreements over land parcel ownership and boundaries, pending court

cases, disagreements on plot /asset valuation and delays in compensation payment. These grievances will be

settled through a step by step process from the PAPC through the CRC, the Public Compliant Committee/Land

Compensation as well as seeking legal redress from the courts.

Eligibility

Eligible individual(s) are those who are directly affected socially and economically as a result of improvements

of the project road arising from compulsory acquisition of land and other assets. Properties that are eligible for

compensation will include buildings, land, assets on the land such as crops, trees and crops, graves and affected

public social utilities such as power supply, water pipelines. The categories of PAPs eligible for compensation

will include owners of structures and land that are affected; people who have leased land for cultivation and

their crops or trees are to be removed/damaged; people residing in the areas surveyed during the census and



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asset inventory survey and any other persons or group of persons, who though not mentioned, are entitled to

compensation according to Kenya laws and African Development Bank/Donor policies. The cut-off date for

compensation eligibility of persons and their assets is 30th April 2012

Asset Valuation

Valuation methodology involved field survey to collect data on the PAPs, land to be acquired, structures, trees,

public services and crops affected. The value of the property is affected by the rights of enjoyment or

compensation when such benefit may be alienated. In Kenya, compensation value in case of compulsory

acquisition requires that the value paid to include all the other miscellaneous expenses as well as the injurious

affection due to the disturbance to them. The disturbance allowance is normally 15% of the value of the

property acquired.

Resettlement Site

The method for site selection was based on alternatives proposed by community members during PAPs

interviews and public participation. Generally, the affected community members were not ready to move out of

their communities. Majority opted to resettle within their remaining land parcels. There was therefore no host

communities considered under this RAP as PAPs will fizzle into their existing communities.

86% of the PAP households interviewed were willing to cede land for construction of the project. 87% of the

PAPs preferred assistance in terms of cash grant equivalent to their loss, 12% preferred to be assisted through

provision of a new agricultural/commercial plot and 1% opted to be assisted through Training for self

employment.

Implementation Arrangements and Schedule

The Taveta – Mwatate road is owned by the Government of Kenya through the Kenya National Highways

Authority (KeNHA) who will be responsible for its operation and maintenance. KeNHA, through the PIU, will

therefore lead other institutional units/agencies including the County Resettlement Committee (CRC) and

Project Affected Persons Committee (PAPC) in implementation and management of the RAP.

The RAP anticipates that the project implementation schedule will consist of three phases namely preparation,

implementation and operation. The Resettlement Action Plan Activity Schedule is spread over twelve months

including approval of the RAP and includes:

i. Valuation of affected properties and inventory of assets

ii. Socio-economic survey census for all PAPs and establishment of cut-off date for eligibility

iii. Mobilisation and consultation with PAPs

iv. Verification of property/asset ownership and valuation for compensation including offering of awards

v. Bank account opening and/or revival for those that are dormant

vi. Payment of compensation and delivery of other entitlements within 6 months after serving notices;

vii. Issue a vacate communiqué for removal of all movable structures and assets, six months for complete

remove of all affected structures and assets ;

viii. Dispute /grievances resolution;

ix. Complete removal of all affected structures and assets, six months after issuing of the vacate

communiqué

x. Monitoring, evaluation and final audit

Costs and Budget

The total cost for compensation summed to approximately Kenya shilling three hundred and sixty four million,

seven hundred and thirty six thousands, six hundred and seventy three and seventy cents (Ksh. 364,736,673.70).

The breakdown is as follows, acquired land value estimated to Kenya Shilling ninety four million, five hundred

thousand (Ksh. 94,500,000.00); affected buildings and other structures: one hundred and ninety four million,

four hundred and eighteen thousand, nine hundred and nineteen and ninety cents (Ksh. 194,418,919.90); Fences:

Four million, six hundred and sixty eight thousand four hundred and five. (Ksh. 4,668,405.00); Electricity lines:

Seventeen million, two hundred and fifty thousand (Ksh. 17,250,000.00); Trees and perennial crops: Twenty six

million, four hundred and two thousand, four hundred and forty five (Ksh. 26,402,445) and miscellaneous

(graves and other cultural sentimental allowances) approximately two million, two hundred thousand (Ksh.

2,200,000). 15% disturbance allowance is legally added to the declared value as stated by Compulsory



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Acquisition Act totalling to approximately forty seven million, five hundred and seventy four thousand, three

hundred and forty eight and seventy shilling (Ksh. 47,574,348.70).

The cost for implementation of this RAP is Kenya shilling Thirty three million, and seventy five thousands

(Ksh. 33,075,000.00) including the costs of professional services, project management, capacity building of

PAPs and monitoring services as in the table below:

Expense Description Unit Total Cost (Ksh.)

Professional Services Verification of assets 5 3,000,000.00

Livelihood restoration

Resettlement assistance to the

vulnerable groups

Lump sum 9,000,000.00

Stakeholder participation Future consultations, awareness creation

and communication

42 meetings 2,100,000.00

RAP implementation RAP documentation and implementation Lump Sum 7,500,000.00

Resettlement Committees

costs

Allowances for RAP districts steering

committee and agents (CRCs)

9 Members 1,900,000.00

Allowances for RAP steering committee

and community agents Local

RAP/PAPCs

42 Members 1,500,000.00

Monitoring and evaluation Cost of monitoring and evaluation of the

process

Lump Sum 6,500,000.00

Subtotal - - 31,500,000.00

Administration cost based

at 5% of Total RAP Cost

Administration cost for managing the

RAP process

Percentage of

cost

1,575,000.00

TOTAL 33,075,000.00

Monitoring, Evaluation and Audit

The RAP occupies a central place in upgrading of Taveta – Mwatate road and therefore necessitates both

internal and external monitoring and evaluation. The monitoring plan covers performance monitoring, impact

monitoring and completion audit. Monitoring, evaluation and final audit of the resettlement implementation will

be founded on the baseline survey generated in the RAP and ESIA reports for Taveta – Mwatate road. The

overall objective of the EMA will be to carry out the following:

i. Review the results of the internal monitoring and overall compliance with the RAP;

ii. Assess whether relocation objectives have been met especially with regard to housing, living standards,

compensation levels, etc;

iii. Assess general efficiency of relocation and formulate lessons for future guidance; and

iv. Determine overall adequacy of entitlements to meet the objectives.

The subjects for monitoring and evaluation will include acquisition of land, buildings/structures and

Trees/Crops; compensation, Re-establishment and Rehabilitation; Hazards and Disturbances; Social/

Demographic; Consultation; Training and; Management.



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1. INTRODUCTION

1.1 Background

The Governments of the United Republic of Tanzania (GOT) and the Republic of Kenya (GOK), within the

development framework of East African Community (EAC), wish to improve the transport infrastructure,

through rehabilitation and upgrading of the road network. Improvement of the transport infrastructure will

support economic development programmes within the two countries. This will also deepen economic co-

operation, and foster regional integration within the EAC.

Arusha – Holili/Taveta – Mwatate Road is among the transport infrastructure roads earmarked for

construction. The principal stakeholders for this project, besides the East African Community Secretariat, are

the Tanzania National Road Agency (TANROADS) and the Kenya National Highways Authority (KeNHA).

As the development of the regional road network has been hampered, mainly by insufficient financial

resources, the EAC, in collaboration with Partner States has initiated a strategy of coordinated project funding

with development partners in order to mobilize funds for the development of the corridors. In accordance with

these aims and objectives, AfDB has provided a grant to the EAC for studies and designs for three regional

road projects between Kenya and Tanzania. One of the three regional road projects is the Arusha –

Holili/Taveta – Mwatate road that connects the port of Mombasa in Kenya to the Tanzanian town of Arusha,

the East African Community headquarters. The Taveta – Mwatate road project section, in Kenya, is the

subject of this report.

1.2 The Project Location

Taveta – Mwatate road is located in the Coast province in the County of Taita Taveta and traverses the two

districts of Taveta and Mwatate. The road starts in Mwatate market, the district headquarters of Mwatate

district and terminates at Taveta town/Holili boarder, the headquarters of Taveta district. Specifically, the

project road traverses Bomeni and Jipe divisions in Taveta district and Mwatate division in Mwatate district.

A 40 km section of this road traverses the Tsavo West National Park. Politically, the road traverses the two

constituencies of Taveta and Mwatate. A general location plan of the project area is shown in Figure 1 plus

route maps showing towns and villages the project roads traverse:

Figure 1: Location of the Project Road



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1.3 Summary Description

The Taveta – Mwatate road joins the Northern Corridor route at Voi, some 160 kms north of Mombasa. The

project road is approximately 85 km and starts at Mwatate town. The road takes a north westerly direction up

to Maktau and then a westerly direction to Taveta town. At Cess point in Taveta, a 10km road is planned to

bypass the Taveta urban area. Figure 2 below presents the project road route:

Figure 2: Project Location Route: Mwatate Taveta + Taveta bypass

The entire road is currently a gravel surface carriageway. Being an international Trunk Road (Road class A)

its cross-section is type II with a carriageway width of 7.0m wide and 2.0m shoulders on either side. In some

sections, some realignment will be undertaken, but only up to 1.5 km from the current alignment between

Mwatate and Taveta/Holili.

1.4 Objectives and scope of the RAP

1.4.1 Objectives

The main objective of this assignment is to develop a Resettlement Action Plan (RAP) in compliance with the

AfDB Policy on involuntary resettlement, that requires a RAP to be prepared if more than 200 persons are

impacted negatively by any intervention under its funding. This AfDB policy is triggered by the need for land

acquisition for construction of Taveta – Mwatate road where a total of 2,365 PAPs are to be affected. The

purpose for this RAP is therefore to:

i. Provide a clear definition of the PAPs by socio-economic and gender category, household or family;

the cut-off dates for eligibility for compensation and; the assets to be compensated at replacement

cost;

ii. Provide a detailed socio-economic survey in order to identify entitlements, key issues faced in terms

of land acquisition and compensation, as well as options and strategies for minimising impacts on

current land use activities or cultural heritage;

iii. Provide specific rates for compensation or loss of assets at fair market and equitable value and the

methodology of how these values are derived;

iv. Establish the land acquisition and compensation processes, options available, eligibility and

entitlement, PAPs consultation and Communication, grievance redress mechanism and;



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v. Take into account the requirements of the applicable laws of Kenya as well as requirements of the

African Development Bank (AFDB) and the policies and procedures of KeNHA.

1.4.2 Scope of the Resettlement Plan

To achieve the above stated objectives, the RAP activities delved into undertaking the following tasks:

i. Identification of persons and/or groups of Project Affected Persons (PAPs) who will be affected by

the project through loss of assets including loss of structures, shelter and/or loss of crops, trees, land

and incomes;

ii. PAPs and stakeholder consultations on upgrading of the project road and its impacts on the general

public and specifically those directly affected by it;

iii. Review of the AfDB and Kenya national policies, legislation and guidelines related to Resettlement

Action Plan and;

iv. Preparation of a Resettlement and Land Acquisition Plan, detailing the mitigation measures for

resettlement and related costs for the RAP implementation.



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2. METHODOLOGY

2.1 The RAP Process

The Resettlement Action Plan for Taveta – Mwatate road was developed within a method consistent with the

AfDB policy regulation and the Government of Kenya legal framework. The process included Literature

review, field visits, public consultation, questionnaires, data analysis and compilation of the RAP document.

Specifically, the various activities undertaken to prepare the RAP were as follows:-

2.1.1 Literature review

Literature review was undertaken to complement and cross-check the field data. It involved reviewing the

existing literatures related to involuntary resettlement and the road designs. Among the documents reviewed

were the roads engineering design, AfDB policies on Involuntary Resettlement and Kenyan laws on land

acquisition and compensation. Other documents reviewed were the District Development Plans, Project area

Topographical and Cadastral maps, the Draft Design Layout and ESIA of Taveta – Mwatate road. Literature

review was aimed at:

i. Understanding the socio-economics of the project area;

ii. Harmonizing differences in resettlement and compensation guidelines between the Kenya government

policy and the AfDB Guidelines and;

iii. Establishing land tenure systems in the project area.

2.1.2 Field activities

Field visit activities included observation; identification and census survey of the Project Affected Persons

(PAPs) heads of households and institutions; conducting discussions with stakeholders and; holding

consultative PAPs locational/sub-locational meetings as part of public disclosure. The field visits were

undertaken to identify the properties to be affected by the project. During the field visits the following tasks

were performed:

i. Observation

This included observation of social and physical setting of the area as well as economic activities

ii. Identification of affected properties

Confirmation of the properties within the Right of Way (ROW) and their distance from the proposed road

centerline;

iii. Interviews and discussions

Interviews were held with the following:

a. PAPs household census

A census household interview for all the affected was conducted using pre-designed semi-

structured questionnaires. The questionnaires were administered to household heads/proxies.

During the household interviews, the following aspects were covered:

Identification of household head, sex and marital status,

Demographic information – household population and sex composition as well as age of

members,

Social data – highest education levels attained, common diseases, culture and social

networks as well as access to services and resources,

Livelihoods and income sources,

Land tenure/ownership, structures in the homestead, perceptions of and willingness to

surrender land for the project road and,

Anticipated impacts of resettlement and compensation.



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b. Consultations with other stakeholders

Consultations were undertaken in the form of interviews and discussions held with officials within

the project region. The officials included government officers, group ranches and the provincial

administration. The aim of these consultations was to gather their perspectives on the proposed

project and specifically resettlement and compensation. Stakeholders consulted included:-

Taveta Town council,

The provincial administration,

Land planning department (Wundanyi) and,

Opinion leaders

Discussions with these stakeholders were mainly focused on impacts of the proposed project in

relation to loss of property and resultant resettlement and compensation consequences. In

addition, other issues discussed were existing physical plans, availability of alternative land for

resettlement, gender and the vulnerable population, income restoration and replacement cost for

lost property and possible roles and responsibilities during resettlement process.

iv. Consultative meetings with PAPs

Consultative meetings with PAPs were conducted with the support of the provincial administration. These

PAPs consultative meetings were aimed at creating a common understanding of the project and its impacts

as well as according them an opportunity to contribute to all aspects of the RAP especially its

implementation structure, grievance redress mechanisms and systems for monitoring and evaluation of the

resettlement issues.

2.1.3 Data analysis and reporting

This included analysis of data collected for the socio-economic survey, using MS-EXCEL and presenting the

analysis results into the RAP report for Taveta – Mwatate road.

2.2 Timeframe

The Resettlement Action Plan census survey and PAPs consultation were undertaken between 12th April 2012

and 28th April 2012.

2.3 Structure of the Resettlement Action Plan report

The Resettlement Action Plan report provides basic information of the project, approach and methodology of

the resettlement audit, findings and recommendations. This RAP report is presented in sixteen chapters. The

contents and main aspects contained in the various chapters and appendices are highlighted below;

Chapter 1 Introduction

Chapter 2 Methodology

Chapter 3 Project Description

Chapter 4 Legal Framework

Chapter 5 Socio-Economic Profile of The Paps

Chapter 6 Public Consultation and Communication

Chapter 7 Impacts of the Project

Chapter 8 Institutional Framework

Chapter 9 Grievance Redress Mechanism

Chapter 10 Eligibility

Chapter 11 Valuation of and Compensation For Losses

Chapter 12 Resettlement Site

Chapter 13 Livelihood restoration

Chapter 14 Implementation Arrangements and Schedule

Chapter 15 Costs and Budget

Chapter 16 Monitoring and Evaluation



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3. PROJECT DESCRIPTION

3.1 Current status

The Taveta – Mwatate road is approximately 85 km and starts at Mwatate town. The entire road is currently a

gravel surface carriageway and has a 60m road reserve which has however been encroached mainly in the

urban centres of Mwatate, Bura, Maktau and Taveta. Most of the encroachments are semi-permanent informal

businesses (that were allocated on temporally basis), recreation sites and strips of farmlands concentrated in

the high potential areas of Bura wetlands and Taveta areas. The main features of this project road are as

follows:

i. It is in poor condition that has forced vehicles to use diversions, the main one being the 12km

Mkamenyi/Maktau road which runs approximately 3.5kms parallel to the existing road alignment.

ii. Sharp curves that cannot allow for high speeds.

iii. The current total land area occupied by the road reserve is 5,100km2.

3.2 Proposed road project

The proposed upgraded Road will have a Reserve (right of way) of 60m along its total length including the

Taveta bypass. This reserve will however be reduced to 35m in the urban town of Taveta. The road’s cross-

section is type II that is the carriageway width is 7.0 m wide with 2.0m shoulders on either side, the road

being international Trunk Road (Road class A). However some realignment will be undertaken, but only up to

1.5 km from the current alignment between Mwatate and Taveta/Holili as shown in the figure below:

Figure 3: Alignment for Mwatate and Taveta Road

The existing road from Mwatate to Holili through Taveta town is earth/gravel. The geometry of the

gravel/earth section is 60-70% satisfactory with some sections requiring re-alignments mainly to;

i. Avoid the many railway crossings

ii. Improve the horizontal geometry

iii. Improve approach to major structures.

The existing alignment crosses the railway line 10 times two of which cannot be avoided and the Consultant

has re-aligned the road to avoid 8 other crossings. Presented below is a summary of the major aspects of the

study adopted for the road:-

i. A number of alignment improvements have been proposed for the project road to ensure the designed

road meets the design standards. These improvements have mainly been carried out by increasing curve

radii or elimination of other substandard curves altogether.



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ii. Just after Mwatate at km 3+500, the first re-alignment to avoid railway crossing 1 and 2 has been

proposed rejoining the road just before Bura town (km 6+800). This re-alignment, apart from avoiding

the two railway crossings, also improves the geometry of the designed road.

iii. From km 14+000 to km 25+000, re-alignment has been proposed to avoid railway crossing 3, 4, 5 and 6

has been proposed. Though the geometry of the road through this section is acceptable, the need to

avoid the 4 railway crossings necessitated the re-alignment. Below is a satellite view of the proposed re-

alignment to avoid the 4 railway crossings between km 14+000 to km 25+000:

Figure 4: Satellite view of the proposed re-alignment at km 14+000 to km 25+000

iv. From km 51+700 to km 57+000, re-alignment has been proposed to avoid railway crossing 7 and 8 has

been proposed. Though the geometry of the road through this section is acceptable, the need to avoid

the 2 railway crossings necessitated the re-alignment. Below is a satellite view of the proposed re-

alignment to avoid the 2 railway crossings between km 51+700 to km 57+000.

Figure 5: Satellite view of the proposed re-alignment at km 51+700 to km 57+000



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v. From km 64+900 to km 66+600, re-alignment has been proposed to improve the approaches to the road

over Rail Bridge and ensure the railway line is not crossed at an oblique angle. This is the 9th railway

crossing and is the only one on the main alignment where a road over Rail Bridge has been proposed.

This re-alignment also improves the geometry of the road which is currently bendy on the approaches to

the existing level crossing.

vi. The section around Timbilia market just before Taveta town has been re-aligned to pass downstream of

the existing structures to improve the approaches to the existing rivers and enhance safety.

vii. In Taveta town, the existing road passes through a densely built up area with hardly any room for even

a 40m road reserve as the existing road reserve is approximately only 10-15m in some sections of the

town. The Consultant has therefore proposed a bypass on the northern side of the town branching off

the existing alignment just before Timbila market and rejoining the existing alignment west of Taveta

town just before Holili border. In Taveta town, the road has been narrowed to a width of 35m.

viii. The existing level crossing (10th railway crossing) within Taveta town has been maintained as

crossing is within the town centre and as such it would be very expensive to construct road over Rail

Bridge as it would necessitate use of reinforced earth embankments to minimize the number of

properties that would be affected. Further, access to any remaining properties would be greatly

affected because of the level difference. On the Taveta bypass, a second road over Rail Bridge has

been proposed. Below is a satellite view of the proposed improvements around Timbilia Market and

the proposed Taveta bypass.

Figure 6: Satellite view of the proposed improvements around

Timbilia Market and the proposed Taveta bypass

3.3 Project activities/Works

The main project activity will consist of construction of Mwatate – Taveta road and associated works.

Specifically, the construction will consist of, among others, the following activities:

i. Establishment of construction camps;

ii. Construction of temporary/permanent accommodation;

iii. Provision of sewage disposal facilities;

iv. Water abstraction;



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v. Construction of workshops;

vi. Transportation of construction materials and equipment;

vii. Recruitment of the labor force;

viii. Earthworks;

ix. Construction of detours and access routes;

x. Quarries, borrow pits and materials extraction;

xi. Crushing and screening of materials;

xii. Screening, mixing, and stockpiling of aggregates;

xiii. Heating of bitumen and aggregates separately and then mixing in asphalt plant;

xiv. Transportation of asphaltic concrete mixes to the road for laying using paver;

xv. Construction of drainage structures, e.g. culverts, bridges;

xvi. Excavation of side drains, meter drains, and cut-off drains;

xvii. Pavement Construction and;

xviii. Construction of erosion protection works.



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4. LEGAL FRAMEWORK

This chapter presents details of the existing laws, policies and institutions relating to land acquisition,

allocation and compensation in Kenya. The chapter also provides an overview of the AfDB policies and

regulations on resettlement and compensation.

4.1 Kenya Country policies on resettlement

Kenya has several statutes that handle the issues of land acquisition and development of infrastructure. The

several statutes that handle the issues of land and infrastructure development in Kenya are:

i. Land Acquisition Act CAP 295

ii. Way leaves act (Cap. 292)

iii. Registration of Titles Act Chapter 281

iv. Government Lands Act Cap 280

v. Trust Land Act Cap 288

vi. Physical Planning Act

vii. Valuation Act Cap 532

viii. Land Control Act 302

ix. Environmental Management Co-ordination Act (EMCA), 1999.

The Kenya constitution statutes that govern land and compensation issues in relation to this RAP are

discussed in the following sub-sections;

4.2 The land tenure system

Following enactment of National Land Policy (2009) and the Kenya Constitution (2010), the Kenyan land

tenure system comprises of three tenure regimes namely, Public Land, Community land and Private land

ownership, (Constitution (2010) article 61(2). The tenure entails;

i. Public Land

According to the constitution and NLP, public land refers to un-alienated government land at the effective

date of the enactment of the constitution, land lawfully held, used or occupied by any State organ, except

any such land that is occupied by the State organ as lessee under a private lease; land transferred to the State

by way of sale, reversion or surrender; land in respect of which no individual or community ownership can

be established by any legal process; land in respect of which no heir can be identified by any legal process;

all minerals and mineral oils as defined by law; government forests, government game reserves, water

catchment areas, national parks, government animal sanctuaries, and specially protected areas; all roads and

thoroughfares provided for by an Act of Parliament; all rivers, lakes and other water bodies as defined by an

Act of Parliament; the territorial sea, the exclusive economic zone and the sea bed; the continental shelf; all

land between the high and low water marks; any land not classified as private or community land under the

Constitution; and any other land declared to be public land by an Act of Parliament.

Public land is to be vested in and be held by a County Government in trust for the people resident in the

County, and shall be administered on their behalf by the National Land Commission. Public land shall not be

disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that

disposal or use. However according to the constitution article 66(1) the state may regulate the use of any

land, or any interest in or right over any land, in the interest of defense, public safety, public order, public

morality, public health, or land use planning.

In such a case like construction of the road, public land would have been the most appropriate because there

would be no need of acquisition. This is the case for most sections of the road as it will remain within the

current alignment which is public land.



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ii. Community land

According to Constitution article 63. (2) Community land consists of land lawfully registered in the name of

group representatives under the provisions of any law; land lawfully transferred to a specific community by

any process of law; any other land declared to be community land by an Act of Parliament. It will also

include land that is lawfully held, managed or used by specific communities as community forests, grazing

areas or shrines; ancestral lands and lands traditionally occupied by hunter-gatherer communities; or

lawfully held as trust land by the county governments, but not including any public land held in trust by the

county. Community land shall vest in and be held by communities identified on the basis of ethnicity,

culture or similar community of interest. Any unregistered community land shall be held in trust by county

governments on behalf of the communities for which it is held. Community land shall not be disposed of or

otherwise used except in terms of legislation specifying the nature and extent of the rights of members of

each community individually and collectively.

Thus use of community land for construction of the road as is case with the Taveta town bypass section and

in areas where there realignments and provision for climbing lanes are the road would revoke acquisition of

land.

iii. Private land

According to the constitution article 64, private tenure consists of registered land held by any person under

freehold tenure; leasehold tenure; and any other land declared private land under an Act of Parliament.

Private land can be held as freehold or leasehold. The proposed road will lead to expropriation of private

land to provide for the Taveta bypass road, realignments and climbing lanes the Constitution article 63 (1) as

land will be transferred from private for public purpose.

4.3 Acts Relevant to resettlement

4.3.1 Land Acquisition in Kenya

Land acquisition in Kenya is governed by the protection of right to property sections:-

(I) (3) which states that “The State shall not deprive a person of property of any description, or of any

interest in, or right over, property of any description, unless the deprivation:-

(a) results from an acquisition of land or an interest in land or a conversion of an interest

in land, or title to land, in accordance with Chapter Five; or

(b) Is for a public purpose or in the public interest and is carried out in accordance with this

Constitution and any Act of Parliament that:-

(i) requires prompt payment in full, of just compensation to the person; and

(ii) allows any person who has an interest in, or right over, that property a right of

access to a court of law and;

(II)(4) Provision may be made for compensation to be paid to occupants in good faith of land acquired

under clause (3) who may not hold title to the land.

This is a critical Act when dealing with the acquisition of land along the road corridor because in some

sections, it will traverse through private land which has to be acquired under the Act.

The National Land Policy 2009 article 211(c) recognize the need to have an appropriate eviction guideline by

indicating that government should “establish appropriate mechanisms for the removal of squatters from

unsuitable land and their resettlement” the Constitution (2010) Article 66 of the constitution further shows the

regulatory conditions that can lead to acquisition of privately owned land by explaining that “the State may

regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety,

public order, public morality, public health, or land use planning”. It however recommends for prompt

payment of the compensation. Draft Eviction and Resettlement Guidelines 2012, on the other hand

recommends for a development of a policies to guide the evictions and resettlement of the evicted. It states

that “the State should develop transparent policies and procedures for dealing with evictions and ensure that

evictions from settlements do not occur unless those affected have been consulted and appropriate

resettlement arrangements have been made”.



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4.3.2 Acts related to RAP in Kenya

There are a number of Acts related to Resettlement Action Planning in Kenya. These include those that touch

on land and assets that may be acquired and compensated for under a RAP namely the Way Leaves Act. Each

of these acts and whether they will be triggered under the RAP for Taveta – Mwatate road are discussed in the

following paragraphs:

i. Way leaves act (Cap. 292)

Way Leaves Act (Cap. 292) Section 3 of the Act states that the Government may carry any works through,

over or under any land whatsoever provided it shall not interfere with any existing building or structures of

an ongoing activity. Notice, however, will be given one month before carrying out any such works (section

4) with full description of the intended works and targeted place for inspection. Any damages caused by the

works would then be compensated to the owner as per the section. Finally section 8 states that any person

without consent causes any building to be newly erected on a way leave, or cause hindrance along the way

leave shall be guilty of an offence and any alterations will be done at his/her costs. The Act further explains

the process of resolving conflicts that arise in determining the compensation value. This act will be triggered

as the road will lead to demolition of some structures and conflicts arising from valuation and compensation

will need arbitration prior or during the road construction.

ii. Registration of Titles Act Chapter 281

The Registration of Titles Act is an act of Parliament that provides for the transfer of land by registration of

titles. When the Commissioner of land issues a letter of allotment to any person in respect of any land, one

of the laws under which the title to that land is issued is the Registration of Titles Act. A freehold title issued

under this act confers absolute control upon individuals or other legal entities upon a given parcel of land. It

also confers upon them power to determine the use to which such land can be put. A leasehold title contains

conditions such as the term of the lease, commencement date thereof, the user of the land etc. Private

ownership of land is embodied in this Act. This Act is triggered as after acquisition the PAPs with title

deeds will have to amend them or surrender them if the entire land is acquired.

iii. Government Lands Act Cap 280

This is An Act of Parliament to control and regulate the leasing and use of Government lands. Under this act

the president through the commissioner of lands, allocates any un-alienated land to any person he so wishes

"unalienated Government land" means Government land which is not for the time being leased to any other

person. Such land can be used for public purposes without any compensation, but once allocated, it is held

as a grant from the government on payment of rents to the government. Acquisition of such land triggers

compulsory acquisition.

iv. Trust Land Act Cap 288

All land, which is not registered under any Act of parliament, is vested in local authorities as Trust. In these

Trust Lands a person may acquire leasehold interest for a specific number of years. The local authorities

retain the powers to repossess such land for their own use should the need arise. The government can also

reserve land for public purpose through “setting apart”.

v. Physical Planning Act Cap 286

The Act provides for the preparation and implementation of physical development plans and for related

purposes. It gives provisions for the development of local physical development plan for guiding and

coordinating development of infrastructure facilities and services within the area of authority of County,

municipal and town council and for specific control of the use and development of land. The proposed road

already exists but this act is triggered by the rampant encroachment on the reserves especially in the urban

areas and trading centres.



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vi. The Arbitration Act Cap 49

The provisions of this Act apply to domestic and international arbitration. Article 3 (6)Where a provision of

this Act refers to the fact that the parties have agreed or that they may agree or in any other way refer to an

agreement of the parties, such agreement includes any arbitration rules referred to in that agreement. In this

case, the owner and the tenant may have an arbitration understanding in case of compensation for the

property.

vii. Valuation Act Cap 532

The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers

Registration Board that regulates the activities and conduct of registered valuers. The Act governs the

formation and composition of valuation practices including the qualification of partners and directors in

charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice.

Other statutes that govern valuation are the Government Lands Act Cap 280 that regulates the valuation for

land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295

governs valuations for compulsory acquisition purposes.

viii. Land Control Act 302

This act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers

can acquire replacement land. The most pertinent section of this act is Section (9) that states the economic

size for agriculture. It controls the subdivisions of the agricultural land.

ix. Occupiers Liability Act (Cap 34)

This is an Act of Parliament to amend the law as to the liability of occupiers and others for injury or damage

resulting to persons or goods lawfully on any land or other property from dangers due to the state of the

property or to things done or omitted to be done there. Article 2(b) states the obligations of a person

occupying or having control over any premises or structure in respect of damage to property Arbitration Act.

This Act can be revoked where the occupier is the tenant.

x. The Agriculture Act 318

This act provides for the maintenance of stable agriculture and the conservation of soil and its fertility. The

act is triggered as there will be change in some acres of land from crop farming to road use that will however

have minimal impacts on food production. This may affect food security especially for the PAPs who are

depended on crop growing. The PAPs will be allowed to harvest their crops otherwise compensation for any

loss including support for livelihood restoration will be considered in the resettlement and compensation.

xi. Public Roads and Roads of Access Act (Cap. 399)

Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines

including construction of access roads adjacent to lands from the nearest part of a public road. Section 10

and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the

respective roads. Already public and PAPs meetings have been held during public consultations and

notifications to effect this given. However, the KeNHA/contractor will adhere to this act by providing access

roads during construction; give notices to and for all the affected land and property openers before and

during and immediately after completion.

xii. The Kenya Roads Act, 2007

The Act established the Kenya National Highways Authority in addition to other Authorities with clear and

separated mandates. The Kenya National Highways Authority has the responsibility for the management,

development, rehabilitation and maintenance of all public roads of class C and above. For the purposes of

discharging its responsibility, the Authority shall have the powers and duties to construct, upgrade,

rehabilitate and maintain roads under its control. This act is triggered as KeNHA implements construction of

the Taveta – Mwatate road.



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xiii. Local Government Act, Chapter 265

The Act contains provisions empowering local authorities to control discharges. Under Section 163, a local

authority may control or prohibit activities, both industrial and domestic, which constitutes ‘a source of

danger, discomfort or annoyance to the neighborhood’, is an offensive trade or has not been gazetted by the

Minister.

xiv. Dispute Resolution and Arbitration of Disputes

The Dispute Resolution and Arbitration of Disputes is stipulated in the 1995 Arbitration Act. Kenya's

Dispute Resolution Centre (DRC) is an independent, not-for-profit organization that promotes the prompt,

effective and economic resolution of disputes through arbitration, predominantly mediation, expert

determination and early neutral evaluation. This is a resource that could be called upon by the KeNHA to

arbitrate particularly in disputes around the compensation and resettlement process.

In addition, there are a series of clan based local customary structures that could be used to settle disputes

especially on land ownership where majority of the PAPs have no legal document and/are squatters.

xv. Traffic Act, Chapter 403

This Act consolidates the laws relating to traffic on all public roads. It also prohibits the encroachment on

and damage of roads including land reserved for roads. Construction of the proposed road will trigger this

act as there are a number of structures on the road reserve.

xvi. Forest Act, Cap 385

The Act guides for the establishment, development and sustainable management, including conservation and

rational utilization of forest resources for the socio-economic development of the country. The Act also

provides guidelines for management and, registration of forests and is supported by the Forests Act, No. 7 of

2005. The will need to be enforce to deter the contractor against firewood collection, use and trade by

workmen on the road corridor.

xvii. The Wildlife Conservation and Management Act, Cap 376

This Act provides for the protection, conservation and management of wildlife in Kenya. The Act deals with

areas declared as National Parks, under the Act. The Act controls activities within the park, which may lead

to the disturbance of animals. This Act will be triggered as the project road crosses the Tsavo West National

Park and a registered wildlife sanctuary. It should be enforced to deter wildlife hunting for food and trade in

wildlife products. In addition speed control strategies, mainly during the night, in including road signs and

bumps wildlife areas will be provided.

xviii. Environmental Management Co-ordination Act (EMCA)

The Act provides for the establishment of appropriate legal and institutional framework for the management

of the environment and related matters. Part II of the Environment Management & Coordination Act, 1999

states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard

and enhance the environment. Part VI of the Act directs that any new programme, activity or operation

should undergo environmental impact assessment (EIA) and a report prepared for submission to the National

Environmental Management Authority (NEMA). EIA is normally a prerequisite of RAP. An environmental

Impact Assessment was conducted for Taveta-Mwatate road has been prepared and a licence is being sought

from the National Environmental Management Authority for construction of the project.

4.4 African Development Bank’s Policy on Involuntary resettlement

The African Development Bank’s resettlement issues are outlined in the AfDB involuntary resettlement

policy, 2003 where development of public transport facilities like roads is covered. The overall goal under this

policy is to ensure that when people must be displaced they are treated equitably, and that they share in the

benefits of the project that involves their resettlement.



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The objectives of this policy are stated as follows:

i. To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population

displacement is unavoidable, exploring all viable project designs.

ii. To ensure that displaced people receive resettlement assistance, preferably under the project, so that

their standards of living, income earning capacity, and production levels are improved;

iii. To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met

regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts

of displacement and resettlement and establish sustainable economy and society; and

iv. To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank

operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly

implemented resettlement plans.

The Taveta-Mwatate road projects falls under the AfDB’s transport sector, and will require involuntary

resettlement, due to public safety and security considerations, involving the establishment of a right-of-way

corridor or a buffer zone requiring resettlement. Thus, the following principles as outlined in the banks

policies will be adhered to:

Principle 1: Resettlement should take place where physical displacement and loss of other economic assets

are unavoidable;

Action: To comply with this policy, KeNHA has demonstrated that the proposed resettlement is both

necessary and viable, and that its scope and extent cannot be lessened. Further, KeNHA has shown that they

have designed the proposed project so as to cause the least possible displacement and/or disruption.

Principles 2: Displaced persons and host communities should be meaningfully consulted;

Action: The primary concern is to take seriously the rights and interests of the PAPs. For this to take place,

their voices need to be made clear, via the formation of local level consultative forum. This has been

undertaken through nine public consultative meetings as part of the Environmental and Social Impact

Assessment and the five PAPs meetings held after the census survey. In addition, grassroots institutional co-

ordinating structures, inform of Locational Resettlement Committees, have been integrated as part of the

resettlement implementation structure.

Principle 3: Vulnerable social groups must be appropriately assisted;

Action: In case of the Taveta - Mwatate road, vulnerable social groups include households living below the

poverty line, the landless/squatters, the elderly, the sick and women and children. These members are often

physically weaker, and may need special help in the relocation/disturbance phase. In particular, the

landless/squatters as well as female/child headed households may lose out to more powerful members of their

households or society. KeNHA in association with the RAP implementing agencies must ensure that the

vulnerable are given necessary protection to ensure that they receive equitable access to replacement resources

and this should be closely monitored.

Principles 4: Resettlers should be integrated socially and economically into host communities;

Action: Except in urban centres where land is on plot basis, there are no major cases where a household’s

complete land will be taken. Majority of the PAPs will therefore remain with economic land pieces where

they can rebuild their houses. However, where land is completely acquired, PAPs will be paid a full

compensation to purchase another piece, preferably in their communities. Integration will be undertaken

through appropriate social engineering strategies including expansion of social facilities.

Principles 5: Displaced persons should be compensated for their losses at “full replacement” cost;

Action: KeNHA will guarantee the provision of any necessary compensation for people whose property will

be disturbed to make way for the roads project, or any other disturbances of livelihood associated with the

project in proportion to their loss. In addition, 15% disturbance fee will be paid for.

Principles 6: The total cost of the project should include the full cost of all resettlement activities;



16

Action: Compensation will be paid for structures, land and trees that are disturbed according to set rates

derived from market value comparables. According to the compulsory acquisition act Cap 295, the agreed

compensation should be paid in full and promptly before the project starts. In addition, KeNHA will ensure

that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are

built into the overall project budget as upfront costs.

4.5 Commonalities between GoK and AfDB guidelines

From the analysis undertaken above, the GoK and AfDB requirements are found to converge on the following

points:-

Avoidance of involuntary resettlement wherever feasible, and minimising of resettlement where

population displacement is unavoidable by exploring all viable project options;

Compensation at replacement cost (replacement cost of an affected asset is equivalent to the amount

required to replace the asset in its existing condition;

Assistance to the affected people for relocation;

Assistance to the affected people to improve their living standards, capacity for income generation, and

production levels, or at least to restore to their former levels;

Participation of all stakeholders;

Consultations with project affected persons at every stage and;

Grievance redress mechanisms for project affected persons

Where gaps are identified between GoK and AfDB Guidelines, more provisions will be explored. Table 1

below explores provisions available for resolution of observed gaps:-

Table 1: Provisions available for resolution of observed gaps

Types of affected

persons/lost

assets

Kenyan Law AFDB Guidelines Comparison/gaps Recommendations to

bridge the gap

Land owners Recommends

compensation on

monetary terms based

on market value of

the real property and

disturbance allowance

Recommends

land-for-land

compensation.

Other

compensation is

at replacement

cost.

Compensation in cash

versus compensation

in Kind

Where land for

resettlement is not

available,

compensation in

capital and cash will

be the alternative

Land

Tenants/informal

settlers

Payment entitled only

to title holders as

bonafide property

owners

Entitled to some

form of

compensation

whatever the

legal recognition

of their

occupancy

The AfDB policy

goes beyond legal

land ownership

Informal settlrs

should be entitled to

some form of

compensation

Land users Entitled to

compensation for

crops

Entitled to

compensation for

crops and labour,

may be entitled to

replacement land

and as a

minimum

No compensation for

labour or replacement

of incomes to pre-

resettlement level

under the GoK

Land users should

be provided with

compensation for

losses incurred and

transitional

allowance, say for

three months to



17

Types of affected

persons/lost

assets

Kenyan Law AFDB Guidelines Comparison/gaps Recommendations to

bridge the gap

standard,

incomes must be

replaced to pre-

project levels.

sustainably continue

their livelihoods

Owners of non

permanent

buidlings

Entitled to cash

compensation at

market value

Entitled to in-

kind

compensation or

cash

compensation at

full replacement

cost including

labour and

relocation

expenses, prior to

displacement.

AfDB policies

extends beyond

inkind compensation

of lost structures to

compensation for

labour and relocation

expenses

Entitlements should

be offered both in

kind and cash based

on PAPs preference

Owners of

permanent

buidlings

Entitled to

replacement at market

value

Entitled to in-

kind

compensation or

cash

compensation at

full replacement

cost including

labour and

relocation

expenses, prior to

displacement.

AfDB policies

extends beyond

inkind compensation

of lost structures to

compensation for

labour and relocation

expenses

Entitlements should

be offered both in

kind and cash based

on PAPs preference

Livelihood

restoration and

assistance

Provision for fair

compensation for any

losses and

improvements

including 15%

disturbance allowance

Provision for full

compensation

including

transport for

relocation and

transition

assistance (such

as moving

allowances)

during relocation

No transitional

assistance after 15%

disturbance

allowance under the

GoK

In cases where in-

kind replacement is

not the preferred

option of the PAPs,

then the cash

compensation

should be based on

the replacement

cost.

Consultation and

disclosure

PAP should be

informed prior

information on

relocation allowed

PAPs should be

meaningfully

consulted

The PAP is informed

under GoK while

under AfDB, he is

involved in making

specific decisions

Consultation and

disclosure should be

fully and

appropriately

provided

Grievance

mechanism and

dispute

resolution

Not documented Fully

documented and

procedures set

out

No detailed

guidelines under the

GoK

Grievance redress

should be

documented and

communicated to

PAPs



18

5. SOCIO - ECONOMIC PROFILE OF THE PAPS

This chapter highlights the socio economic profile of the Project Affected Persons (PAPs). The findings are

based on the census survey carried out during the process of preparation of this RAP.

5.1 Sources of data

The socio-economic profile of the PAPs was generated from primary as well as secondary data sources.

Primary data was collected by conducting 100% census house-to-house survey interviews of 397 households.

In addition, data was collected through observation of PAPs homesteads during interviews and, still

photography. Other methods used to collect primary data included (No. 6) PAPs consultative

meetings/discussions and in-depth interviews with the provincial administration, government heads of

departments, County Councils and other stakeholders. Secondary data of the local socio-economic conditions

was collected through literature review of ESIA Study Report, Constituency and District Development Plans.

According to the 2009 population census, the project districts had a population of 284,657 consisting of

145,334 males and 139,323 females. The districts’ annual population growth rate is 1.74% and the average

household size in the project districts is 5 members. The sex distribution for the PAPs is diagrammatically

presented in the following figure 7:-

Figure 7: Sex distribution for the PAPs

The survey data also revealed that the male headed households were 84% while the female headed households

totalled formed 16% of the total number of households. Fifteen of the PAP households had male members

only and mainly composed of either unmarried men or those who had divorced. Their population ranged from

one to four members. 85% of the PAPs households owned and gave their mobile phone numbers. The rest did

not have mobile numbers while some refused to give the information.

5.2 Education

40% of the PAPs population had attained primary level of education. 10% of the PAPs had no education, 23%

were secondary school leavers and the rest (12%) had attained college/technical school and University level of

education. The education scenarios for the PAPs are presented in the figure below:



19

Figure 8: Highest education levels attained by PAPs

None

10%

nursery

15%

Primary

40%

Secondary

23%

Tertiary

12%

5.3 Livelihoods and income levels

In the project area, residents earn their livelihoods from diverse economic activities including farming,

employment (civil servant, teacher), trading and doing other jobs including electrical, bodaboda and security.

25% of the PAPs are farmers, 29% traders, 14% civil servants and the rest are either in school or engaged in

other economic activities including charcoal burning, employed in the private sector and the retired. The

various engagements of PAPs are illustrated in figure 9:

Figure 9: Livelihood sources

Farmer

25%

Civil servan

t14%

Trader29%

Other32%

The average household monthly income is Kshs. 30,000 with some households earning as low as Kshs. 1,500

per month and others over Kshs. 150,000. The highest expenditure is on food where households spent Kshs.

8,000 per month followed by education (6,000), health (2,000) and rent (150) among others.

5.4 Land tenure systems

The land tenure systems in the project area is mixed and include individual, commercial for large sisal

growing estates and, government. Generally land ownership is inadequate and majority of the PAPs have no

land documents. 56% of the PAPs indicated to own the land they were residing on while 15% indicated to

have leased the land and 29% indicated to be squatting on the land.

PAPs indicated to have acquired the land they live in through inheritance (48%), purchase (21%) and through

others means (31%).16% indicated to have Title deeds to their land while 14% had Allotment letters. The rest

did not have documents of ownership to the land. The average land size for individual PAP households is 1.3

acres. 28% of the PAPs owned other pieces of land elsewhere beyond where they resided.

Two of the institutions objected to resettlement as they feared that they may lose members while others did

not see appropriate alternative land. 86% of the PAP households interviewed were willing to cede land for

construction of the project. The rest objected to resettlement on the following premises:

i. No any other land for resettlement



20

ii. The road will have social disturbances especially the by pass

iii. In Bura trading centre, some community members insisted that there is a road that was already

demarcated in 1970 and the government should use it for constructed the new road

iv. Some indicated that they were too old to move from one place to another

v. Many objected to resettlement on fear that they will not be adequately compensated

87% of the PAPs preferred assistance interms of cash grant equivalent to their loss, 12% preferred to be

assisted through provision of a new agricultural/commercial plot and 1% opted to be assisted through Training

for self employment.

5.5 Household structures

The socio-economic survey of PAPs established that the average number of structures per household is 4. 30%

of the structures owned by enumerated household(s) translating to two units per household will be affected.

35% of the affected properties are owned by the household head, 8% by the spouse (wife) and 5% by the son.

Daughters own only 1% and the rest is owned by other relatives in the household. From the inventories

undertaken as part of this RAP study, it has been determined that the proposed road project will affect 2365

PAPs who own land and buildings within designated traverse. A comprehensive inventory of PAPs and their

assets is provided in appendix six.

5.5.1 Damage to assets

Upgrading of the Taveta – Mwatate road will require land acquisition hence physical displacement of people,

loss of shelter, assets, income sources and livelihoods, and restriction of access to economic resources. The

project impacts will occur in the 17 sub-locations of Mwatate and Taveta districts but will mainly be

concentrated in Taveta town. A total of 842 structures will be affected by the upgrading of the project road.

These will include buildings, fences, pit latrines, boreholes, hotels/restaurants, pubs, residential houses, cattle

sheds, churches, cattle dips, schools, offices and petrol stations among others. The affected structures are as

presented in the table below:

Table 2: Assets likely to be displaced by the road project Affected property items Number of the affected properties

Abandoned structures/Ruins 2

Bathroom, Bathrooms Ceptic Tank and Latrines 85

Business premises 138

Conservancy tank 5

Dip 1

Floor Slabs and foundations 10

Granary and stores 12

Kiosk 129

Kitchen 50

Offices 9

Religious institutions 8

Residential 240

School Classrooms 5

Shallow well, water points, water stand pipes and water tanks 27

Varandah 2

Graves 34

Fences 85 Total 842

The structures within the traverse are built with various materials including mud, iron sheets, stones, cement

and thatch/grass as presented in the table below:

Table 3: House Building Materials for the affected structures

House section Building material %

Floor Earth 55

Concrete/blocks 4

Cement 31

Timber 10

Wall Earth 23



21

Mud/blocks with plaster 31

Concrete blocks 5

Clay (burned) bricks 12

Thatch- sticks 12

Iron sheets 5

Stone. 6

Timber. 6

Roofing

Reeds 6

Thatch 11

Iron 83

Source: PAPs household census survey data analysis

5.5.2 Displacement of communal assets/special interest assets

Communal assets to be displaced will include churches, one mosque, power lines and water pipelines.

5.6 Other Surveys

i. Socio-cultural characteristics of PAPs

The project area is inhabited by a number of tribes the main ones being the Taita, Taveta and Kamba. Other

tribes include Kamba, Maasai, Chagaa and Kikuyu among others. Majority of the PAPs in order of numbers

are the Taita, Taveta and Kamba. These are divided into clans as follows:

i. The Taveta - Wandiri, Wasuya, Wazirai, Wanene , Warutu, Ndigiri, Kiro and Kimaru;

ii. The Taita – Kalimbo Kimonge, Vanguruga, Ngolo, Kiringa, Nyambu, Kivelwa, Mzae, Venleo, Mchazi,

Wanyira, Kwa Veni, Wailole, Mnabuwamsasandu and Mwanda;

iii. The Kamba - Ambua, Akitondo, Aombe, Atangwa and Ethanga.

The Weni sub-clan had many (36) members among the PAP households followed by the Mnene, Mrutu, and

Mzirai. The lists of main sub-clans are presented in the figure below:

Figure 10: Main PAP clans

0

5

10

15

20

25

30

35

40

Amutei Katuu Akitondo Ambua Atangwa Mdighiri Msuya Aombe Mzirai Mrutu Mnene The

Wenis

Num

ber

of PA

P h

ouse

hold

s

Clan



22

Other clans represented by at least one PAP household include Awilu, Ethaga, Muiini, Muoini, Mwala Sha,

Mwazine, Wa Kiwelwa, Aambua, Mbaangai, mghanga, Mghenyi, mwafure and mwakangalu among the many

others.

ii. Social network systems and membership of PAPs

PAPs households had members belonging to social groups including local associations, financial

establishments and self help groups. Majority of the members were found in financial associations including

SMEP with 23 PAP members, KWFT with 15 members and Vumilia with 12 members. The figure 5-4 below

presents the number of PAPs who are members in various organisations:-

Figure 11: PAPs membership in organisations

Kilungu Ngaghen

yaZaina Unison Hekima

Muinuko

Group

KCB

Haba Na

Haba

Vumilia KWFT SMEP Others

Series 1 4 4 4 5 6 8 9 12 15 23 56

0

10

20

30

40

50

60

Nu

mb

er

of

ho

use

ho

lds

Other self help groups where PAP had enrolled as members included Hekima Group and Children Orphans

group, Jitegemee Women Group, Kariobangi B Welfare, Mashamba Farming Group, Muinuko Group,

Mwachambo Kuku Help Group, Mwangaza Community Unit, Mwatate Welfare Association, Richard

Kwambarata, Silk Women Group, Tamac Welfare, Ujinga Marufuku Upendo Group and Wukeni Women

Group. The survey revealed that 36% of the households had none of their members belonging to any self help

organisation.

iii. Religion

91% of the PAPs are Christians and 9% are Muslims where none indicated to be a traditionalist. Three main

shrines existed including Voilole (Mwatate district) Challa Kendong and Kichongoji (Taveta district) which

are however over 10 kms from the project road.

iv. Graves

24 PAP households indicated to have at least one grave within their land parcels. The total number of graves

on PAPs households when combined totalled to 34. 20 of these PAP households had one grave each, one

household had two graves and two households had three graves each and one of the households had six

graves.

In total, 34 graves will have to be relocated. Grave relocation was raised as a major concern by the PAPs in an

area where some households have as many as six. Relocation of graves will follow any of the following:



23

i. Relocation by the family following traditional rites including involvement of the elderly and

customary practices. Many preferred to adopt modern Christian strategies of relocating the

graves. In both cases, all wanted to relocate the graves near their new settlement sites and not

to collective cemeteries.

ii. Relocation by the contractor which was preferred for the graves where family members have

moved and cannot be reached and incase relatives of the diseased are not known (diseased

visitors).



24

6. PUBLIC CONSULTATION AND COMMUNICATION

6.1 Consultation and community participation

The goal of consultation and community participation process was aimed at disseminating project information

and soliciting the views of stakeholders in as far as the project design and Resettlement Action Plan

implementation is concerned. This process facilitated collection and collation of PAP and other stakeholder

views as well as in cooperating them into the RAP procedures and structures. The process of consultation and

disclosure of affected properties was conducted through indepth discussions with the provincial administration

and various government departmental head, meetings and interviews with each of the PAP and consultative

meetings with groups of PAPs.

6.2 Stakeholder consultation

As part of meeting GoK and the AfDB policies and guidelines, community consultation and participation was

undertaken in preparation for this RAP. The community consultation and participation provided the

opportunity to raise the PAPS awareness on the proposed road project and its facets. The consultant in

collaboration with the Proponent organised and facilitated PAPs consultations in six different venues of all

affected sub locations during which the RAP study was discussed. A total of six meetings (table 7) were held

during which the potential PAPs were advised on assets affected, the legal aspects asset acquisition and

resettlement, proposed implementation structures and grievance redress mechanisms. All meetings were

conducted by the consultant and facilitated by the local provincial administration. In-depth discussions with

GOK officers and consultations with the PAPs were conducted as follows:

i) In-depth discussions

These included two (2) meetings with the district commissioners in Mwatate and Taveta districts, the Taveta

Town Council and Ministry of Lands – Physical planning (Wundanyi). These discussions centred on:

(a) The design concepts of the proposed project and need for land and asset acquisition;

(b) The project and its impacts including the PAPs and how they will be compensated;

(c) Confirmations and need for participation during the scheduled PAPs consultative meetings.

ii) Community meetings

(a) Project Affected Persons individual household survey

During the individual household census survey, each PAPs household was involved in the consultation

and their concerns on the effects of the project on their assets were addressed.

(b) Project Affected Persons consultative forums

A total of six (6) Consultative meetings were held with the PAPs between 14th and 18th April 2012.

Consultative meetings were attended by a total of 344 (234 males and 110 females) PAPs,

representing 80% of the affected. 32% of the PAP participants were females. The 5 table below

presents summary of PAPs meetings undertaken while the list of participants and minutes of meetings

are annexed to this report:



25

Table 4: Detailed PAP participation in consultative forums

Area Venue Date Number of PAP

participants

Male Female Total

Mwatate/Mwachambo

Locations

Mwachambo chief’s office –

Mwatate market

16.4.2012 21 19

40

Bura Location (Nyolo

sub-location)

Mwanjila Polytechnic, Bura

Market

14.4.2012 47 21

68

Mwachuma sub-location Mkamenyi/Starehe market 15.4.2012 27 9 36

Mwakitau sub-location Mwakitau market 15.4.2012 9 4 13

Ngarisha location Ngarisha chiefs camp, Taveta

town

17.4.2012 55 10

65

Timbila/Kimala/Mata

locations

Daranjani public

grounds/Timbila Primary

school

18.4.2012 75 47

122

Totals 6 no. venues 234 110 344

NB: While the total number of PAPs are 397 higher compared to those reflected in the consultative, the

difference arose from some PAPs not attending.

i. Issues presented

During the PAP consultative meetings, the consultant presented the following:

a. The project concepts that:

The road starts at Taveta and ends at Mwatate and is 60 meters wide. It follows the current road

alignment although there are some realignments and therefore will affect some private and

properties

The road is earmarked for financing by AfDB and Government of Kenya. Thus it will be

implemented within the Kenyan constitution (Kenyan laws cap 295) and AfDB policies and

regulations.

The cut-off date will be 30th April 2012 to enable the PAPs to come to terms with the realities

facing them and their developments. “Any development after 30th April 2012 will not be

compensated”. However, the PAPs should continue cultivating on their normal food crops in the

rainy seasons.

Any land that is a subject of a case in court will not be paid for until that case is determined but

this cannot stop the project.

He further explained that some structures may be affected fully or a fraction, although if a fraction

of a house was affected, the balance of the entire house is fully interfered with and the owner

should negotiate for full compensation, and then relocate

The compensation is paid for structures like houses, toilets, animal sheds among other types of

structures. Other items liable for compensation are planted trees, whether for fruit, decoration or

shade. But indigenous trees do not attract any compensation and PAPs may harvest them in good

time to use either for timber, charcoal or other uses they may be put to.

b. The legal perspectives to compensation, procedures to be followed, items to be compensated,

organisational framework for compensation and grievance redress mechanisms.



26

ii. Participant concerns and suggestions

Following these presentation, participants were allowed time to raise their concerns, make comments and

amendments to the proposed resettlement structures and procedures and raise all their concerns in as far as

the RAP was concerned. Each of these is presented in the following table:

Table 5: PAPs Issues raised and the Responses to the Issues raised

PAPs Issues Raised Responses to the Issues Raised

If affected, what assets will be

compensated?

Land, Structures and trees. In addition, an extra 15% of the

value of the assets affected will be paid as disturbance

allowance

Will the trees and crops be

compensated?

All the trees that will be affected will be valued and

compensation will be undertaken. The valuation will

depend on the type of trees and the owners will be given the

right to salvage. The permanent crops will also be valued

and compensation given. The farm owners will be allowed

to harvest their perennial crops.

How will the project handle the

graves that will be affected by the

project?

The government will support the relocation of graves. This

will require further consultations with the affected

households in order to determine appropriate ways of

handing the matter.

How will the valuation of assets be

undertaken?

All properties affected will be valued at market price and

compensation will be awarded payments made prior to

relocation.

How will grievances be handled? The RAP will develop a grievance redress mechanism and

PAPs awareness on the developed mechanism will be

raised. The PAPs will also be involved in the development

of the grievance redress mechanism.

How will compensation for land

ownership with no titles be

undertaken

All PAPs are encouraged to show the documentations for

the land they occupy. A census of all the persons on the

traverse will also be undertaken. The process of

compensation will also involve the county administration

and local leaders in determination of the owners of the land

parcels affected.

What are the forms of compensation? The PAPs will be given the right to choose on the forms for

compensation that will include either land for land, land for

cash.

How will compensation for structures

on the road reserve be addressed?

Structures on road reserve are illegally constructed. A

Census of all affected will be undertaken and a decision

will be made.

How will the project handle the

relocation of public utility services?

Water and electricity are forms of public utility services;

the contractor will liaise with the relevant stakeholders for

relocations of utility services within the shortest time

possible.

How will the project minimise the

impacts in Taveta town and could the

corridor proposed be reduced to 40

meters as it approaches town

The concern will be documented and raised with proponent

and the design engineers

Who will be the eligible persons for

resettlement and compensation?

A census of all affected persons will be undertaken and a

cut-off date will be determined to ensure no new entries

within the traverse. The eligible persons will include those

who will lose assets, livelihoods, access, and shelter and

will include land owners and tenants.



27

The PAPs also recommended:-

i. They should be issued with advance notices for relocation once compensation is done;

ii. The modes of compensation (cash or in kind) should be discussed with each individual household just

before compensation is effected;

iii. The venue for PAPs reception of their payments should not be done at the provincial administration

offices. Participants lamented of an earlier compensation process which they claim they were forced

to pay some money before collecting their cheques at the DC’s office. This is an issue that had also

been raised during the ESIA public consultation meetings;

iv. The PAPs urged the proponent to also consider compensation for assets on land that do not have legal

title.

6.3 Future Consultations and RAP Disclosure

Following the preparation of the RAP, disclosure of the RAP report should be undertaken in the Districts and

with the PAPS. This will enhance PAPs and public awareness on the resettlement and compensation

processes.

Further consultation and communication with the PAPs should also be undertaken during the RAP

implementation process. The proponent should also prepare communication materials on the resettlement and

compensation processes, PAPs rights during compensation and resettlement, established grievance redress

mechanism, PAPs relocation and resettlement. These should all be communicated to the PAPs to enhance

smooth implementation of the RAP.

The involvement of the local community will continue during the implementation of this RAP through public

forums, participating in interviews held in the project area and by filling pre-defined questionnaires,

discussing pressing issues with the project team consisting of land valuer, land surveyor, socio-expert and

environmental experts. The PAPs will also continue to participate during the project through:

i. Resettlement Committee and PAPCs

ii. Grievance mechanisms for the RAP implementation

iii. RAP monitoring and evaluation events including social surveys and meeting discussions

iv. Progress review by internal and external auditors

v. Awareness creation and training with other community members

Several stakeholders and community public meetings should be held in the project area and the proponent

present to the community details of the RAP status as well as monitoring findings including possible impacts

and recommendations. The summary of this RAP will be posted in the AfDB’s Public Information Centre

(PIC) and website for public review and comments.



28

7. IMPACTS OF THE PROJECT

7.1 Impact Activities

A 60 meter road corridor would be required as per the typical designs for road implementation. Construction

of the road will include activities that give rise to resettlement including:

i. Constructing the existing road to bitumen standards with proper two lane facility and

shoulders

ii. Improve the horizontal alignment at selected locations to reduce sharp curves and thereby

provide safe driving conditions,

iii. Widen, repair or reconstruct damaged bridges and culverts including construction of new

drainage structures,

iv. Remove any irregularities that are on the existing vertical profile,

v. Provide service roads and cycle lanes, especially in the town centres

The above activities will lead to land acquisition, physical displacement of people, loss of shelter, loss of

assets, loss of income sources and livelihoods, and restriction of access to economic resources.

7.2 Impact Areas

The Project-Affected Areas for the road will be concentrated along the road corridor and specifically within

the urban towns of Taveta and Mwatate. Administratively, the Project-Affected Areas lies within the 17 sub-

locations in Mwatate and Taveta districts traversed by the project including Bomeni and Jipe divisions in

Taveta district and Mwatate division in Mwatate district with long sections of the project road located within

the Tsavo West National Park. The various administrative units traversed by the project road and where the

above impacts will occur are tabulated in the table below:

Table 6: Administrative areas affected by the project road

District Division Location Sub-location

Mwatate Mwatate Mwatate Mwatate

Mudhabobango

Mwachambo Mruru/maganga

Umari/Sechu

Bura Nyolo

Mwakitau Mwakitau

Mwachuma

Taveta Bomeni Ngarisha Lesesia

Mjini

Mahoo Mahoo

Malukilorito

Mboghoni Njoro

Jipe Timbila Msengoni

Ndilindau

Kimala Kimala

Rekeke

National Park National Park Tsavo West

Source: Taveta and Mwatate District Offices



29

7.3 The Project Affected Persons

The Project-Affected Households resulting from upgrading of Taveta – Mwatate road are 397. The total

population of these households is 2365 consisting of 1205 males and 1160 females. Accordingly, all the

affected persons and properties have to be compensated, as required by the AfDB policies and as proposed in

this resettlement action plan (RAP).

The table 7 below presents summary number of Project Affected Persons and households where interviews

were conducted:-

Table 7: Project affected households and persons by administrative locations

Household PAPs

District Location Number of Households Male Female Total

Mwatate

Mwachambo 56 216 201 417

Mwatate 18 43 44 87

Bura 66 163 183 346

Mwaktau 36 107 99 206

Taveta

Timbila 73 172 177 349

Mboghoni 11 51 42 93

Mahoo 7 28 26 54

Luworo 10 43 33 76

Ngarigashi 80 266 253 519

Mata 40 116 102 218

Total 397 1205 1160 2365

In addition, a total of 34 institutions will be affected. The affected institutions are listed below:

Table 8: List of affected institutions

1. A.I.C Mbooni Church(peter mutunga)

2. Bura County Council

3. Bura Health Centre

4. calvary worship centre

5. Catholic Church, Ng'ambwa

6. Evangelical Lutheran Church

7. fisheries department

8. G.o.K Prison, Taveta

9. harvest christian church

10. Heartbeat High School

11. Heartbeat International Ministry

12. Kenya Railways

13. KRA



30

14. Lighthouse Ministries Church

15. Mbuyuni Women Group.

16. Mwaktau Dispensary

17. Mwaktau primary

18. mwatate environment and sanitation

19. Nuuman Ibn Bashireer Mosque

20. Postal corparation

21. Redeemed Gospel Church

22. St. Peter's A.C.K church, Bura

23. Taita Academy

24. Taita Taveta County Council

25. Tambila community cattle dip

26. Taveta Fisheries

27. The Kenya Police

28. timbila catholic church

29. Timbila High School

30. Timbila Primary School

31. Town Council of Taveta

32. Tsavo National Park

33. Usafiri self help group

34. Wanjala Youth Polytechnic

7.4 Impacted properties

Construction of Taveta-Mwatate road will affect land (including pastures and farms), trees, structures

(including business, residential, institutions/public and private utilities, businesses and, graves). The table

below summarises the number of impacted properties.

Table 9: Affected properties

Affected property items Number of the affected properties

Abandoned structures/Ruins 2

Bathroom, Bathrooms Ceptic Tank and Latrines 85

Business premises 138

Conservancy tank 5

Dip 1

Floor Slabs and foundations 10

Granary and stores 12

Kiosk 129

Kitchen 50

Offices 9

Religious institotions 8

Residential 240

School Classrooms 5

Shallow well, water points, water stand pipes and

water tanks 27

Varandah 2

Graves 34

Fences 85

Total 842



31

7.4.1 Impacts on Land and farmland

Ownership of land to be affected include Private Land, land owned by group ranches, land occupied by

Government Offices, Land held in “trust” (Trust Land) by Taita Taveta County Council and Government land

in the form of roads/road reserves and National Parks. Due to lack of title deeds, land ownership could not be

authenticated and this will be established during property verification and valuation prior to construction of

the project road.

Construction of Taveta - Mwatate road will lead to land acquisition at a length of about 85 Kms. However, the

total land acreage could not be determined at this stage since the existing road reserve is not well defined and

land adjudication is not complete. Except for the Taveta bypass, road realignments, widening and climbing

lanes in some areas, the road will generally occupy same land area as that occupied by the existing gravel

road. In each of the realignment areas and the bypass, the road will affect private and communal land,

permanent and semi-permanent residential and commercial structures and graves1.

Impacts on land loss for PAPs who are left with economically viable land parcel are expected to be low while

the rest will experience high impacts on land loss. Other impacts on land will include:

i. Loos of land and property where in most cases there are no land titles as is the case across the

project area;

ii. As a result of acquisition and increased impetus for more incomes from land sales, there is

likelihood of increased land court cases. In addition, unopennesss in sale of land specially by the

household head will increase and could lead to disenfranchisement in some households;

iii. It will lead to increase in land prices thereby making it difficult to acquire new land due to

competition, this will be worsened if compensation money is inadequate or the funds are

squandered;

iv. Being relocated to a place which is inhabitable or has natural calamities. In addition, resettlement

may be to hostile neighbours and communities where the resettler takes time to cope with the new

neighbours and adapt to the environment. This will be complicated by the challenges faced in

starting life again/afresh

7.4.2 Impacts on structures

A total of 842 structures will be affected by the upgrading of the project road. These will include buildings,

fences, pit latrines, boreholes, hotels/restaurants, pubs, residential houses, cattle sheds, churches, cattle dips,

schools, offices and petrol stations among others. Most of the structures affected are residential houses and

business/commercials. It was however noted that over 60% of these business/commercials are temporary in

nature consisting of Kiosks and open shades which could easily be moved with ease but with major impacts to

livelihoods for those depending on the businesses and inaccessibility by customers during the transitional

period. The main impacts therefore will include loss of living shelters and business premises.

The residential building consists of both permanent and semi-permanent structures. Removal of especially

urban residential houses could have major impacts on rent increase which could deny the poor access to fair

shelter Demolition of these structures will require adequate co-ordination including adequate notices and

timely payments to accord appropriate relocation. Demolition of houses will mean rebuilding another one

which is time consuming as one goes through design and construction. Loose of property coupled with grave

disturbances could further deepen stress and psychological torture,

The impacts that accompany demolition and relocation of structures to the “unknown” new sites was trauma

associated with such shifts especially for construction of new structures, clearance as well as establishment of

farms. To deal with the issue of individual emotional attachments to land, there is need for an intensive social

engineering prior to the project implementation which would ensure harmonious coexistence between the

1 The total land acreage, number of trees and crop acreage are not provided (except under the lump sum budget) as

these were not provided during the schedule survey conducted in November 2011.



32

residents and their neighbours. In addition, PAPs should be relocated within the vicinity of their current

residence.

7.4.3 Impacts on Loss of Trees and Crops

The proposed project will lead to excision of trees and perennial crops. The area to be acquired crossed

through a number of farms planted with maize, green grams, Cowpeas, Sorghum, Beans and Bananas which

may be affected depending on the time of project implementation. It is however assumed that, by the time the

implementation of the project starts, the affected land will have some crops planted, and this can be confirmed

at the time. Due to lack of title deeds, land ownership could not be authenticated and this will be established

during property valuation prior to construction of the project road.

7.4.4 Impacts of relocation on public facilities and services

The road, as much as possible, has been designed so as to avoid social facilities notably schools, religious and

institutions and churches thereby minimizing relocation/disturbance of services that accompany relocation of

these institutions. The redesigned road has avoided relocation of Bura and Taveta cemeteries. Despite the

efforts undertaken to avoid relocation, 34 institutions consisting of religious facilities, education institutions,

sanitation blocks and a number of government offices that could not be avoided. The public institutions

affected and extend of the impacts on the facilities are tabulated below:

Table 10: Public structures/institutions affected

Building structures affected

Name of institution Use of affected structures Surface (m²)

Calvary Church Mwatate Church 9.80

Toilet 2.00

Toilet 2.00

Heartbeat High School Toilet 9.00

Class room 15.00

A.I.C Mbooni Church House 3.60

Nuuman Ibn Bashireer Mosque Mosque 11.10

Conservancy tank 3.10


Grave -

Redeemed Gospel Church, Bura Church 15.00

Toilet 3.00

Mwanjila Polytechnic Class room 14.00

Class room 6.60

Water tank 4.70

Workshop 12.20


Mwashuma Calvary Worship

Center

Church 2.50

Mwaktau primary Gate 16.40

toilet 6.90

Evangelical Lutheran Church Church 6.60

Lighthouse Ministries Church Foundation 12.00

Church 15.30

G.o.K Prison. Taveta Latrines 10.80

Class rooms 49.56

Latrines 8.93

Timbila Primary School Gate house 10.00

St. Peter's A.C.K church, Bura Toilet 6.90

Pastor Lawrence Igombo Church 94.50

A.I.C Mbooni Church House 11.52

Nuuman Ibn Bashireer Mosque Mosque 95.61



33

On the land earmarked for the project, no community cultural value sites were identified. However, at

individual level, the residents indicated to have strong and emotional attachments to land because of social

and cultural reasons. Relocation of public facilities and leaving them with the same capacity could lead to

increased competition and reduced vacancies. This may constrain many from accessing services offered

thereby and especially the marginalised. During construction, there will also be disturbances to social facilities

including water pipes and electricity lines.

7.4.5 Impacts on Loss of Incomes

This RAP proposes compensation and relocation assistance for businesses in the short term. This assistance

for loss of income will be offered during the transitional period between demolition and re-establishment of

businesses which is within three to six months. Impacts on loss of incomes and income sources could lead to:

i. Business breakdown leading to loss of income and will be worsened incases where one has

borrowed a loan. There will also be loss of incomes as businesses lose customers especially

where the shop is relegated to uneconomical sites, rent incomes as tenants move to other

houses;

ii. Insecurity as those who find themselves unemployed could take to thuggery;

7.4.6 Impacts on Socio-cultural network and support systems

The perceived impacts on social groups included breakdown in communication, cessation in reception of

benefits, disconnection/loss of the member/dismissal, failure of organization and activities, increased distance

to organization meetings, interference with savings, loss of premises, and reduced group activity/coordination.

A cultural amenity however that raised issues was on graves as whenever these were affected, the PAPs did

not wish to think twice about. Relocation of graves is an emotional issue that needs to be addressed under this

RAP as cannot be valued; hence the owners need to get a token for its relocation according to the traditional

or modern/religious procedures. In as far as emotional relocation of graves, there is need for an intensive

social engineering prior to the project implementation.

7.5 Impacts on Vulnerable Groups

The physically challenged population in the project districts stands at 10% of the total population in the

districts. The RAP socio-economic baseline survey revealed that the PAPs households had a combined total of

126 people. This implies that, 4.6% of the PAPs constitute the vulnerable members of the society.

Vulnerability indicators are that:

i. They are sick (suffering from various diseases namely TB, Bilharzia HBP)

ii. Those with visual problems, the physically and mentally handicapped

iii. Those below the poverty line

iv. The elderly/aged

v. Widows/female and child headed households

The table below summarises the distribution of the above vulnerable PAPs.

Redeemed Gospel Church, Bura Church 76.50

Evangelical Lutheran Church Church 29.04

Mwaktau primary Fence/Gate 41.00

Grand total 610.36



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Table 11: Vulnerable PAP members

Residence Sex Total

Male Female

Rural 39 25 64

Urban 32 30 62

Total 71 55 126

7.6 Minimising resettlement and losses

The proposed road will generally follow the current alignment. However, resettlements will take plae where

there are needs for realignment and at areas where people have encroached mainly in urban centres. It is

therefore important to avoid or minimize relocation and therefore resettlement and disturbances arising from

land acquisition. The proposed measures to avoid or minimize land acquisition and disturbances include

reducing the road reserve, redesigning the project route at certain points, facilitating consultations and

participation with the PAPs, and putting appropriate impact limitation and mitigation measures in the

construction and design stages. Each of these measures are discussed in the following paragraphs.

Reducing the road width

The road has been redesigned to a width of 35meters only in Taveta CBD section. This has avoided

demolition of the main buildings that make up the Taveta town and significantly reduced the costs to be

incurred in compensation.

Redesigning the project route at certain points

Field investigations and comments obtained from the community members pointed at various sections that

could be re-aligned to avoid destruction of business structures and relocation of graves. During these

consultations, it was proposed that the road should, as much as possible traverse through agricultural land and

open grounds rather than destroying structures in urban centres of Taveta and Bura. In both Bura and Taveta

towns, the road has been redesigned to avoid public cemeteries.

Facilitating Consultation and participation with the PAPs

During the ESIA, the study interviewed people from all walks of life on the construction of the project as well

as efforts that should be put in place to mitigate against adverse impacts. The PAPs participated in the

development of the RAP by generating primary resettlement opinions and data base. Further, PAPs will

participate during RAP implementation in the following ways:

i. Assisting in the update of the detailed site investigation of private and community assets

ii. Determining compensation criteria

iii. Distributing house plots at the Resettlement Sites

iv. Negotiation of compensation agreements to fully reflect resettlers’ interests and opinions and

transparency of the KeNHA resettlement work

v. Resettlers’ selection of house building materials and methods

vi. Regular consultative meetings attended by PAPs to keep the communities informed of the

RAP progress and to continue soliciting opinions and proposals from the affected persons.

vii. Dissemination and sharing of information about relevant policies, laws and regulations and,

compensation criteria.

7.7 Preliminary evaluation of compensation preferences

80% of the PAPs preferred to be compensated with cash for land while 13% opted to be given both land and

while the rest 7% opted for both land and cash. 91% of the PAPs preferred to be compensated with cash for



35

their structures while 2% opted to be given both structures and cash while the rest 7% opted for combination

of transport, training and/or house. 86% of the PAPs preferred to be compensated with cash for their

relocation costs while 10% while the opted to be assisted with both transport and training and the rest opted

for other compensation mechanisms including provision of seedlings and loans.

This RAP recommends that compensations to PAPs be paid in cash or in-kind as per AfDB guidelines and the

laws of Kenya depending on entitlements for each group. It is also recommended that a 15% disturbance

allowance and 5 % relocation allowance based on the total value of assets should be paid to each category of

PAPs for re-establishment of livelihoods.

7.8 Impact mitigation measures in the construction stage

Minimizing impacts during construction stage will entail implementing various measures including:

i. Preference for hire of existing rental houses, rather than building workers’ camps, which also will boost

the economy of the area. This would go hand in hand with hiring of local residents who would reside

in their homes;

ii. Roads for earth moving equipments should be strictly confined to existing tracks to limit social

disturbances and destruction of the environment;

iii. Project will be carried out after the harvest of crops so as to minimize damage to crops;

iv. It is proposed that all those that shall be affected by the project should be compensated before project

commencement to ensure that their livelihoods have improved or restored to the pre-impact status.

Overall, the results of efforts to minimise resettlement will be to:

Significantly reduce disturbances and resettlements and therefore lower the costs of resettlement for the

proposed project;

Ensure majority of the residents positively support and participate during the project implementation

and operation;

Enhance and sustainably maintain social integration;

Residents’ livelihoods will be left undisturbed.



36

8. INSTITUTIONAL FRAMEWORK

8.1 Overview

This chapter provides a list of all agencies and institutions that are to be involved in the RAP implementation

process that includes management of resettlement and compensation as well as monitoring and evaluation.

Each of the agencies/institutions have adequate capacity to accomplish their relevant responsibilities and,

where there are capacity gaps, outsourcing is advised in order to respond to the resettlement and

compensation issues as fast as possible.

8.2 Agencies for the RAP implementation

Primarily, implementation of this RAP and compensation necessitated by upgrading of the Taveta - Mwatate

road requires the following main actors, Ministries of Lands, Agriculture, Forestry and Public Works (for

providing and approving compensation rates), the yet to be sourced developer who will effect the

compensation/resettlement, and Ministry of Roads through KeNHA (for sourcing the contractor, financing,

co-ordinating and monitoring the resettlement), NEMA to monitor implementation of the RAP. The specific

roles and responsibilities for each agency are outlined in the following paragraphs:

8.2.1 Ministry of Roads

Roads implementation in Kenya is vested with the Ministry of Roads. The Ministry is charged with the

responsibility of providing basic infrastructure facilities to the public including development, rehabilitation

and maintenance of the road network in the country

8.2.2 The Kenya National Highways Authority (KeNHA)

The Kenya National Highways Authority (KeNHA) is a State Corporation established under the Kenya Roads

Act, 2007 with the responsibility for management, development, rehabilitation and maintenance of national

roads of class A, B and C. Taveta-Mwatate road is one of the roads whose management falls within the

mandate of KeNHA since it’s classified as Class A. KeNHA (the proponent) have a project implementation

structure that has clear provisions for environmental and social integration, under which the RAP will be

implemented.

8.2.3 Ministry of Lands

The Ministry of Lands, through the chief valuer will undertake to verification of ownership of property, size

of land to be acquired, and values of each asset to be affected. Where no land documents are available, the

Ministry will liase with the village elder, assistant Chief and/chief and clan elders to verify rightful land

owners. The Ministry will then proceed to gazette the acquired land as it changes ownership from private to

public.

8.2.4 Ministry of Agriculture and Ministry of Forestry

The two Ministries of Agriculture and Forestry at district level, will undertake to verify crops and trees

affected and provide and approve the compensation values. The Ministries will in collaboration with the

provincial administration, advice and ensure crops are harvested for the season preceding construction so as to

ensure food security for PAPs.

8.3 The process of Resettlement and compensation

Once the RAP is cleared by AfDB, KeNHA will formally prepare the list of the persons dispossessed by the

project, including their rights of occupancy and the assessed value. The agency (KeNHA) will then disclose

this list to the affected people mobilised, through announcements in the local media and clearly displayed

posters, by the provincial administration at each of the administrative sub-location traversed by the project

road. Confidentiality should be considered during this process for reduce on the PAPs vulnerability to

insecurity.

It is paramount that PAPs be systematically and continuously made aware about the project, and the RAP will

be made available to the affected persons and communities through the County governments. The awareness

creation and consultative process shall be undertaken for the affected and the neighbouring communities, local



37

leaders and government officials. Others to participate include County government, community-based

organizations (CBOs), NGOs and the Vulnerable. These meetings will be chaired by KeNHA’s

community/RAP specialist and attended by PAPs in the sub-location and the provincial administration as well

as PAPs co-opted participants.

The County governor will, through chief/sub-chiefs, dispatch the dislocation notices to the affected

households and heads of institutions. The Ministry of Finance will disburse the compensation funds to

KeNHA who will directly pay the PAPs eligible for compensation through the Project Implementation Units

(PIU) in KeNHA’s regional office Mombasa. Following compensation and resettlement, PAPs will be given a

grace period of at least six months and assistance to relocate.

During demolition, PAPs will be given the right to salvage parts and harvest their crops and trees. After

expiry of the six months’ notice, KeNHA will authorize the Contractor to start demolition works clearing the

right of way for construction.

8.4 Organisational Structure for RAP Implementation and compensation

The overall responsibility for implementation of the RAP will be vested in the General Manager (KeNHA)

and staff of the Project Management Unit created specifically for the Taveta – Mwatate road. In addition, the

construction supervision unit will also take part in the RAP implementation.

The implementation management organization for this RAP will be at three levels namely national (PIU),

County Resettlement Committee (CRC) and six Project Affected Persons Committees (PAPCs), one for

each/combination of each of the following: Mwatate/Mwachambo Locations; Bura Location; Mwakitau

location; Mata/Timbila/Kimala locations; Malukilorito/Mahoo/Mboghoni locations and; Ngarisha location.

The outlook of the proposed RAP institutional arrangement is presented in the following figure:

Figure 12: Institutional Arrangement for RAP Implementation

Source: RAP Field visit discussions

This institutional framework was designed with the participation of the stakeholders and should be established

and fully functional before embarking on the construction stage of the project. The institutional framework is



38

mandated and should be capable to plan and implement land acquisition, compensation, conflict resolution,

relocation as well as income and livelihood restoration programs. The institutional framework involves all

stakeholders and details the roles of each in the implementation and administration of the RAP. Each of these

institutions is discussed as follows:

Project Implementation Unit

KeNHA will institute a Project Implementing Unit (PIU) that will oversee implementation of the resettlement.

The PIU will consist of the general manager, land valuer, social development officer (community liaison

officer), environmental officer, surveyor, ICT officer (database officer), legal advisor, way-leave officer and a

monitoring and evaluation officer. The PIU will develop the terms of reference for operations of the County

Resettlement Committee (CRC).

The PIU may not have the full capacity to make and implement resettlement policy decisions. There is

therefore a need to co-ordinate and network with Government Ministries and departments as well as

organizations with capacity to fill in the gaps. The personnel to fill in missing capacity gaps could either be

seconded from other government departments or outsourced on consultation basis.

County Resettlement Committee (CRC)

Resettlement Committee will be based either at Taveta/Mwatate town. The CRC will consist of the district

Commissioners, District Land Adjudication and Settlement Officer; KeNHA Representative; local

government (Taita Taveta County Council and Taveta Town Councils), National Environmental Management

Authority (NEMA), Kenya Wildlife Representative, District Social Development Officer, Gender officer, and

Provincial State Counsel.

The CRC will involve and co-ordinate other stakeholders and institutions who will play key roles in

implementation of the Resettlement Action Plan activities that include land acquisition, award of

compensation, assistance and resettlement. Other stakeholders to participate in the resettlement at the CRC

level include representatives in Livestock, Fisheries, Agriculture, Environment and Mineral resources;

Housing and Settlement and; NGOs with legitimate interests in social services, finance/trade, and health.

Project Affected Persons Committees

The Project Affected Persons Committees will be established at locational level and will be moderated by the

area chief or other government officer at the grassroots level. The PAPs will elect a committee of not more

than five members amongst themselves including a Chairperson and a Secretary. The PAPCs will work under

the guidance and coordination of CRC and PIU. Each of the PAPCs committees will be trained and involved

in finalisation of the actual PAPs list. PAPCs will be formed two to three weeks after the formation of the

CRC. Other stakeholders who can be co-opted to participate in PAPs meetings will include clan elders, village

elders, representatives in livestock, trade, finance, agriculture, lands and housing as may be deemed necessary.

PAPCs will act as the voice of the PAPs and its functions will include:

i. Conducting extensive public awareness and consultations with the affected people so that they can

air their concerns, interests and grievances. This consultation will ensure that they own the whole

process of resettlement.

ii. Resolving disputes that may arise relating to resettlement process. If it is unable to resolve any

such problems, will channel them through the appropriate grievance procedures laid out in this

RAP.

iii. Monitor and evaluate the RAP process at the grassroot level

iv. Enhance employment opportunities (for those who cannot find alternative employment) and,

conduct training and counselling of the PAPs (socially and economically).



39

9. GRIEVANCE REDRESS MECHANISM

Grievance redress mechanisms are essential tools for facilitating PAPs to voice their concerns about the

resettlement and compensation processes as they arise and, if necessary, for corrective action to be taken

promptly. Such mechanisms are fundamental to achieving transparency in the land acquisition and

resettlement processes.

9.1 Sources of Grievances /Disputes

As part of PAPs involvement, the proposed grievance redress mechanism was presented and with comments

of the affected persons, amendments were made during PAP consultative meetings. However, further

disclosure will be provided prior to the compensation process. Arising from PAP consultative meetings so far

held, the key grievance subject matters likely to arise in case of the Taveta-Mwatate road include:

(i) Mistakes on inventory of the affected properties that might have occurred during the census

survey

(ii) Disagreements over land parcel boundaries for the affected

(iii) Court pending cases, that by law cannot be discussed outside the court, unless such are

withdrawn,

(iv) Disagreements on plot /asset valuation where the PAP feels that his/her properties have been

undervalued. This is also the case where the PAP demands are far higher than both the

government and market value arising from the perception that “the government is rich”

(v) Divorce among couples, succession by heirs and other family disagreements;

(vi) Dispute over ownership of given Assets between two or more affected individual(s);

(vii) PAPs opting for compensation for land in kind (land for land) and the choice of location site has

no willing seller;

(viii) Delays in compensation payment.

(ix) Dealing with relocation of graves;

(x) Extend and values for the resettlement assistance, relocation as well as disturbance and

compensation for livelihoods.

These grievances necessitate the setting up of appropriate grievance and appeals redress mechanisms to

address the grievances and disputes that may arise from time to time.

9.2 Proposed procedure for grievance redress and management

It is for the benefit of both the proponent and the PAPs to devise procedures and mechanisms through which

complaints and disagreements can be resolved. These procedures and mechanisms should meet the following

criteria:

(i) Simple and transparent

(ii) Accessible to all the affected irrespective of their location and/or socio-economic status mechanism

for recording of grievances and their timely resolution.

(iii) Flexible and open to scrutiny

(iv) Speedy, just and fair

Complaints will be launched through either one or combination of the following methods:

i. Filling a specifically pre-designed complaint form and appending the PAPs signature and formally

submitting it to the GRC office; or

ii. Widely disseminating, through consultative fora and the media, information about PAPs disputes

and grievances.



40

KeNHA will make every effort to resolve grievances at the community level without impeding access to any

judicial or administrative remedies that may be available but turn out to be slow and expensive.

All complaints from the PAPs received in writing or verbally by the PAPC will be documented. A copy will

be maintained by the PAPC. The specific terms of reference for the PAPC will include settling, monitoring

and facilitating effective and timely dispute resolution thereby reducing the risk of escalation of conflicts and

avoiding unnecessary delays. The proposed step-by-step procedures of Grievance Redress mechanism for the

proposed road project are:

a) Step 1

PAPs are informed of their losses and entitlement in writing and through the PAPC.

b) Step 2

If satisfied, the PAP claims resettlement payment from the PIU through the PAPC via the CRC. If

dissatisfied or the PAP do not clearly understand the entitlement/any aspect of the resettlement plan, s/he

approaches the PAPC for clarification. The PAPC makes a note and explains the unclear issues to the PAP

according to the RAP. If the issue(s) are resolved, the PAP collects the payment from the PIU. If not

solved PAP moves to step 3

c) Step 3

The PAP writes up or a fills a complaint’s form appended with his signature formally to the CRC at their

office. The CRC holds a session with the aggrieved PAP, minutes recorded and duly constituted. If

resolved, the PIU approves and the PAP collects his/her entitlements. The CRC has 2 weeks from

submission to hold a session with the PAP.

If necessary, the Project Affected People Committee (PAPC), will be asked to provide recommendations

as to how the grievance is to be addressed. If deemed necessary by the PAP committee the case will be re-

investigated, depending on the nature of the issue or referred to the Public Compliant Committee/Land

Compensation Tribunal.

d) Step 4

The PAP appeals to the Public Compliant Committee/Land Compensation Tribunal. If the outcome

decision is not acceptable, the PAP proceeds to the final step.

e) Step 5

The PAP can appeal to a court of law for settlement of the case.

A schematic diagram of the grievance redress is represented in figure 9-1.



41

Figure 13: Grievance Redress Procedure

Legal Action

CRC hears grievances and Rules -2

weeks from submission date to

respond

Unresolved grievance is forwarded

to CRC through the PAPC

Land Compensation Tribunal, Public

Compliant Committee

PAPC unit hears grievance and

rules – 2 weeks from

submission to response

No Further Action PAP satisfied &

Grievances Resolved

Affected Party declares a

grievance and forwards it to

his/her PAPC unit

No Further Action

No Further Action PAP satisfied &

Grievances Resolved

PAP satisfied &

Grievances Resolved



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10. ELIGIBILITY

10.1 Introduction

In this resettlement plan, eligibility is the criteria under which one would qualify to receive benefits under the

resettlement program.

10.2 Eligibility criteria

The eligible individual(s) are those who are directly affected socially and economically as a result of

improvements of the project road which in effect results to compulsory acquisition of land and other assets.

Properties that are eligible for compensation are buildings, land, assets on the land such as crops, trees and

graves and affected public social utilities such as power supply, water pipelines. The compulsory acquisition

of land and other assets will result to relocation or loss of shelter; loss of assets, loss of access to assets

(including land, structures, trees and crops and graves); loss of income sources or means of livelihoods even if

the affected persons is not forced to relocate and; forceful denial to access to legally designated social and

economic services. Based on this criterion, this RAP identified the following categories of PAPs as being

eligible for compensation:

i. Owners of structures that are to be affected by the development;

ii. Owners of land affected by the road;

iii. People who have leased land for cultivation and their crops or trees are to be removed or damaged due

to land acquisition activities.

iv. People residing in the areas surveyed during the census and asset inventory survey of the proposed

road reserve and working sites

v. Any other persons or group of persons, who though not mentioned, are entitled to compensation

according to Kenya laws and African Development Bank policies.

10.3 Cut-Off Date for Eligibility of Compensation

In order to determine compensation eligibility of persons and their assets, 30th April 2012 was declared as the

cut-off date. 30th April 2012 was the last day of the census survey and final meeting of the six extensive

consultative meetings with PAPs for the preparation of the Resettlement Action Plan. During the stakeholder

meetings, the cut-off date for eligibility of compensation and its purpose was communicated to stakeholders,

the local communities and PAPs. Consequently, any claim for compensation by the affected people after this

cut-off date will not be eligible for compensation.

The Contractors shall compensate for use of local (community/private) materials and for any impact resulting

from his activities following the same principles as those in the resettlement process at market value. The

project will have to provide alternate access wherever the access is blocked during construction. In case of

restriction of access to community owned facilities or common property resources due to project related

interventions, the project will rebuild such facilities and provide alternative access.

10.4 PAPs’ Entitlements

Under the Kenyan Law, PAPs are categorized so as to include property owners, residential tenants, business

tenants and affected communities. However, AfDB’s categorization of PAPs is broader and includes the

following:

i. Those who have formal legal rights including customary law and traditional usage as outlined under

the Kenyan constitution;

ii. Those who have no recognized legal rights or claims to land they are occupying including those on the

road reserve and shutters.

iii. Those who do not have formal legal rights to land at the time of conducting census, but have a claim

to such land or assets provided that such claims are recognized under the Kenyan constitution

Table 11 below presents a summary of entitlement matrix for eligible PAPs:-



43

Table 12: Entitlement Matrix

PAP Category Entitlement

Individuals who have formal

legal rights to land

Compensation for loss in land and assets at full replacement cost.

If they are physically relocated, provide assistance during relocation

including transport allowance

Right to salvage

Transitional support spanning for six months after displacement to

facilitate restoration of livelihoods and standards of living to pre-

displacement levels.

Development assistance inform of capital, credit facilities, training

and job opportunities

15% disturbance fee

Individuals who do not have

formal legal rights to land, but

have a claim to such land or

assets if the claims fall within the

Kenyan law or/or local

ownership systems

Compensation for loss in land and assets at full replacement cost.

If they are physically relocated, provide assistance during relocation

including transport allowance

Right to salvage




Development assistance inform of capital, credit facilities, training

and job opportunities

15% disturbance fee

Individuals who have no

recognizable legal right or claim

to the land they are occupying

including squatter settlements

and disputed ownership

Resettlement assistance and the replacement values for

structures/assets.




Right to salvage

15% disturbance fee

Vulnerable PAPs Support (direct and indirect –through other agencies and programmes

e.g fund for the disabled and aged) and facilitation to access the

needed services including medical care, capital support

Organization

Persons who encroach on the

earmarked road after the cut-off

date

No entitlements for compensation

Despite the above, all PAPs will equally be eligible for compensation and rehabilitation assistance,

irrespective of their land ownership status, to ensure that those affected by the Project shall be at least as well

off, if not better off, than they would have been without the Project. Absence of a title will not therefore be a

hindrance to receiving compensation and livelihood assistance.

The economic census covered all categories of PAPs based on their site location as at 30th April 2012 which

is the cut-off date for eligibility to resettlement entitlements for the this RAP.



44

11. VALUATION OF AND COMPENSATION FOR LOSSES

11.1 Valuation Methodology

Valuation can simply be defined as the art or science of establishing the value (worth) of a particular interest

in property for a specific purpose and at a particular moment in time; taking into considerations all the

features of the property and also considering all the underlying factors of the market.

All valuation techniques rely on the collection and analysis of data such as social, economic, government and

environmental attributes. Specific data include local market conditions and details of property transactions

such as location, physical and functional form and legal characteristics. The value of the property is affected

by the rights of enjoyment or compensation when such benefit may be alienated. In Kenya, compensation

value in case of compulsory acquisition requires that the value paid to include all the other miscellaneous

expenses as well as the injurious affection due to the disturbance to them. Thus in such circumstances, the

value paid is higher than normal open market value. The disturbance allowance is normally 15% of the value

of the property acquired.

During preparation of this RAP asset inventory survey was conducted according to the following

methodology:

• Determination of the final road alignment and ROW requirements on 1/2,000 scale (or 1/1,000 scale in

built-up areas) mapping, resulting from survey of the current situation.

• Analysis of the survey (types and numbers of properties marked for expropriation), and data collected

from ongoing Northern Corridor Projects regarding costs of relocation; and preparation of an estimated

global budget of indemnification, to be included in the whole project budget.

11.2 Data Collection

An accurate topographical site survey was carried out along the road corridor. The field work for asset

inventory survey was carried out on different dates from 15th June 2011 to 30

th October 2011.

Plans were prepared during the process from the proposed road centreline alignment, and from the

topographical survey drawings; the buildings and properties within the project road corridor were identified

and listed on a schedule.

The site visit’s aim was to collect the following information:

• For buildings and structures: type of building/structures, type of walls and roofing, number of rooms

and owner’s name;

• For trees: type of trees, maturity and owner’s name;

• For boundary fences and hedges: type of fence, length and owner’s name.

Each property surveyed was recorded on a survey sheet and allocated a reference number in relation to its

location along the road section in terms of the village, and ownership.

11.3 Analysis of Field Data

The results of the field assessment were analyzed according to the different types of properties encountered, as

described below.

11.3.1 Buildings and Houses

Buildings and houses surveyed were classified into three main categories; by standard of construction,

condition, or by materials used for construction:

• In terms of standard of construction and condition: they were categorized as being in good, fair or

poor condition depending on the construction standards.

• Material used: affected structures were classified as permanent, semi-permanent, or temporary.

Permanent: their walls made of masonry or concrete blocks, roofing of corrugated iron sheets (CIS)

with floor finish, good or fair condition. Semi-permanent: their walls made of wood and mud but



45

plastered, or made of stones cemented by mud, with floor finished or unfinished. Temporary: these

included all other structures including traditional huts and sheds.

This classification ultimately had an impact on the unit cost applicable to each category.

11.3.2 Boundary Fences

The following types of fences were encountered;

• Vegetal live fences: these consisted of either of the following, euphorbia, local shrubs like

‘samanderi’, or exotic trees like cypress and other exotics.

• Barbed wire fences: consisting of wooden posts and barbed wires.

• Chain link fences: consisting of wire chain link and wooden, concrete, or steel posts.

Generally, barbed wire and vegetal fences were of low quality and were constructed from locally available

materials i.e. unprocessed wood, with just a few of them well constructed. Chain link fences were mostly of

good quality, with the majority of this type of fence used around institutions like church missions, schools,

health centres, etc.

11.3.3 Trees and Crops

Types of trees encountered and surveyed along the road corridor were both indigenous and exotic species. For

crops, being mostly seasonal in nature, they were not considered under this valuation. Further, even at the time

of actual acquisition, the land owners would be allowed to harvest their crops before surrendering the pieces

of land acquired. However, few perennial crops encountered have been included.

11.3.4 Forests and Bushes

The project road does not pass through classified forests but between km 25 – km 60 is considerably bushy.

A number bushes and trees will have to be cut but the effect of road construction on the bushes shall be

minimal, as the existing horizontal alignment has been maintained as much as possible. Trees affected have

been estimated and compensation cost included.

Mitigation measures have also been put in place to mitigate against any destruction that may be caused to the

environment.



46

12. RESETTLEMENT SITE

In Kenya, guidelines and availability of vacant land for resettlement can be provided by the commissioner for

lands except in cases where land is purchased specifically for PAPs to resettle. In case of the Taveta -

Mwatate road, no resettlement site was identified.

12.1 Resettlement alternatives and choices

Resettlement alternatives in the project area are:

i. Remaining on the same piece of land where only a part of it is acquired. 48% of the PAPs preferred this

option of resettling within the same land they resided;

ii. To purchase land within or beyond the same neighbourhood, an alternative chosen by 38% of the PAPs.

However in this case, there were concerns that land may become extremely expensive to purchase

thereby inhibiting the PAPs from accessing any with the amounts paid for compensation;

iii. Identification, purchase and resettlement of the PAPs by the proponent through the Lands

Commissioner. This was not preferred by majority of the PAPs as the noted that they could purchase

land by themselves and still save some money from the compensation. This option however needs to

be explored further before compensation commences. Possible Resettlement Sites

The method for site selection was based on alternatives proposed by community members during PAPs

interviews and public participation. Generally, the affected community members were not ready to move out

of their communities. Majority opted to resettle within their remaining land parcels. There was therefore no

host communities considered under this RAP as PAPs will fizzle into their existing communities.

12.2 Measures to prevent influx of ineligible persons at the selected sites;

Since no site for resettlement was identified, there may be no danger of influx of ineligible persons except

land speculators and crop buyers as well as sellers of agricultural inputs. Influx management strategies will

only be necessary to prevent land speculation and will be undertaken by the PAPCs and CRC.

12.3 Integration with host communities

The RAP did not identify any resettlement site. However, majority of the PAPs likely to lose their structures

stated that if they were to choose their preferred area of resettlement, they would choose to be resettled in the

same community. Those affected should be conducted early enough and the host community be sensitized on

the proposed move to enable them understand how this will affect them and ensure co-existence of the host

and the resettlers. It is advisable that during the sensitization of the host community the two parties should

meet to enable initiate interactions. Alternatively the PAPs who are likely to lose their structures and still

remain with sustainable land should be offered monetary compensation to cover at least six months rents for

them to leave in rented houses as they develop their houses.

12.4 Resettlement Options

The community members preferred to be resettled in the same community or with family members. Since land

parcels in the project area are small, majority of those whose land will be acquired preferred suggested

alternative rerouting of the canal at the project design stage.

12.5 Environmental protection

Construction of thee Taveta – Mwatate road will lead to increased population along the road corridor and

especially in market and urban centres. The increased population is likely to result to overexploitation of

natural resources as well as increased waste. The environmental impacts of the proposed project are dealt with

under the Environmental and Social Impact Study Report. However, the negative impacts and proposed

mitigation measures for the resettlement are presented in the following paragraphs:



47

i. Removal of vegetation will occur as populations concentrate in one area and seek crushing plants

and exploitation for fuel wood. This will be mitigated by encouraging the population to plant

especially indigenous and native trees. In addition, there is need to encourage the population to use

clean energy sources.

ii. There is potential for serious dangers on wildlife due to population influx of workers who may

provide a ready market for game meat. To mitigate against this impact, there is need sensitize the

workers against consumption of game meat and the dangers thereof. Further, a code of conduct to

ensure that workers do not consume game meat from the area, whether supplied by the locals or

killed by themselves should be developed and enforced strictly within the wildlife dispersal areas

and the park itself.

iii. Inaccessibility by customers to shops and business premises due to distant relocation of the business

and reduction of stock. This will lead to business breakdown leading to loss of income and will be

worsened incases where one has borrowed a loan. There will also be loss of incomes as businesses

lose customers especially where the shop is relegated to uneconomical sites and reduction in rent

incomes as tenants move to other houses. Gratuity allowance is proposed under this RAP to cushion

against business loses.

iv. Being relocated to a place which is uninhabitable or has natural calamities. In addition, resettlement

may be to hostile neighbours and communities where the resettler takes time to cope with the new

neighbours and adopt to the environment. This will be complicated by the challenges faced in

starting life again/afresh.

Alternatives of relocation sites should be offered to the PAPs to choose. In addition, adequate

preparations including social engineering should be undertaken prior to resettlement

v. Demolition of houses will mean rebuilding another one which is time consuming as one goes

through design and construction. Loose of property coupled with grave disturbances will further

deepen stress and psychological torture.

vi. It will lead to increase in land prices thereby making it difficult to acquire new land due to

competition, this will be worsened if compensation money is inadequate or the funds are

squandered. Speculative land buying and disposal should be checked.

vii. There will be increased competition and reduced vacancies in public social facilities. This may

constrain many from accessing services offered thereby.

There is need to expand and establish more public facilities especially in areas where more resttlers

are expected.

viii. During construction, there will be disturbances to social facilities including water pipes and

electricity lines. Advance notices be given to the public and facilities should be repaired

immediately



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13. LIVELIHOOD RESTORATION

The PAPs derive their livelihoods from a number of sources as follows:- farmers 25%, 29% traders, 14% civil

servants and the rest are either in school or engaged in other economic activities including charcoal burning,

employed in the private sector and the retired. The various engagements of PAPs is illustrated in figure 7-4:

13.1 Livelihood disturbance and dislocation

Once the road project is effected, the PAPs livelihoods and economic activities will be affected as a result of

implementation of the proposed project both during and after relocation when the PAPs incomes may be

substantially reduced. The livelihoods will be affected through relocation of businesses hence loss of

customers and increased distance to supply sites and reduced size of land for crop and livestock grazing

among others.

13.2 Strategies for livelihoods restoration

The strategies for these livelihood restoration are aimed at enhancing restoration of the residents’ economic

and income bases, mostly by promoting diversification and adoption of alternative economic activities. To

realize these, there is need for the proposed project to incooprate other activities beyond ordinary

compensation. The proposed strategies to ensure minimal shock as well as fast recovery of losses and eventual

realization of stability of incomes and livelihoods will include efforts that are aimed at improving the PAPs

land percels; capacity building and training, expanding the existing social facilities and; promoting economic

diversification.

Since majority of the PAPs opted to shift to another site of their remaining land parcels, there should be

concerted efforts to improve the land in line with peasantry economic modes of production. This will facilitate

the crop dependent PAPs, majority of them being peasant farmers, to adopt themselves to the changing

conditions within the shortest time possible. Further, the land improvement should ensure that the per unit

production is higher or equivalent to that before resettlement. This will ensure that the resettlers’ production

and standard is higher or equivalent to the original pre resettlement level. Ensuring that the PAPs resume

production and land is transformed will include the following key activities:

i. Introduction of the PAPs to the characteristics and appropriate production as well as profitable

economic activities;

ii. Providing appropriate training in farming methods including farm management, tree production,

agro forestry, soil improvement and animal production;

iii. Setting up demonstrative fields and tree nurseries;

iv. The resettlers and host community members are facilitated to develop a common plan of action for

a appropriate and relevant diversified economic activities in the Resettlement Areas mostly micro-

projects for which the PAPs were found to have some experience.

v. Support to stimulate private transportation and other services including hotel and restaurant,

information and communication, tourism as well as shop keeping

vi. Before resettlement, social adjustment is a priority for the PAPs so that they are able to cope with

the anticipated psychological constraints that come with changes. During the field visit and

discussions, the PAPs clearly emphasized that inorder to enhance social adjustments, the following

activities are necessary:

Resettle the homestead, not a household, as a unit to one site to ensure continued social

support

As much as possible, where a PAP has his portion of land remaining, he should be allowed

to move his homestead there rather than relocating to “foreign” land. Thus the

resettlement should be done in sanity manner where the PAPs are resettled on basis of

village/greater household social units. If the relocation takes place, the resettlers should

be taken to the nearest possible land within their original homes

Resettlement sites should as much as possible have the same characteristics as the former

sites.

vii. Vulnerable Groups including the Poor, sick, orphaned and vulnerable children should be given

priority in employment opportunities arising from the project. Further during construction, there is



49

need to identify appropriate micro-programs that could be provided under the project such as

revolving fund financial incentives (including tax rebates, interest free loans and subsidies) and

assistance for housing construction among others;

viii. Public Information Campaign: Awareness creation to enlighten the residents on the importance as

well as the need for attitudinal change towards the projects impacts;

ix. In order to reduce the project impacts, the PAPs should be allowed to harvest resources on right of

way before they are cleared by the contractors;



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14. IMPLEMENTATION ARRANGEMENTS AND SCHEDULE

14.1 Overview

An implementation schedule covering all resettlement activities from preparation through implementation,

including target dates for achievement of expected benefits to PAPs and monitoring and evaluation until

termination of the various forms of assistance.

14.2 Implementation Schedule

The responsibility for the RAP implementation will lie with the CRC under the supervision of the PIU. It is

anticipated that the PAP’s would be resettled as agreed before commencement of the project construction.

The RAP anticipates that the project implementation schedule will consist of three phases namely preparation,

implementation and operation. The resettlement schedule for land acquisition, house demolishment and

relocation will be coordinated by KeNHA. The construction schedule and key activities anticipated prior to,

during and after are outlined under the implementation schedule namely Resettlement Action Plan Activity

Schedule (RAPAS) covering all resettlement activities from project preparation through implementation to

monitoring and evaluation indicating timelines for achievement of expected benefits to PAPs. The

Resettlement Action Plan Activity Schedule (RAPAS) is spread over twelve months including approval of the

RAP as presented in the table below and will consist of the following activities:

i. Preparation of RAP

ii. Mobilisation and consultation with PAPs

iii. Verification of property/asset ownership and valuation for compensation including offering of

awards

iv. Bank account opening and/or revival for those that are dormant

v. Payment of compensation and delivery of other entitlements within 6 months after serving

notices;

vi. Issue a vacate communiqué for removal of all movable structures and assets, six months for

complete remove of all affected structures and assets ;

vii. Dispute /grievances resolution;

viii. Complete removal of all affected structures and assets, six months after issuing of the vacate

communiqué

ix. Monitoring, evaluation and final audit

Table 13: RAP implementation schedule

Activity Month

1 2 3 4 5 6 7 8 9 10 11 12

RAP approval

Verification of property/asset

ownership

valuation and offering of awards

Bank account opening

Payment of compensation

Issuance of vacate notice

PAPs consultation and communication

Formation and functioning of PAPs

committees, CRC and PIU

Livelihood restoration activities

Contractor identification

Removal of all affected structures

Dispute /grievances resolution;

Monitoring and evaluation



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15. COSTS AND BUDGET

Tables indicating breakdown of cost estimates for all resettlement activities, including allowances for inflation

and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of

funds.

15.1 The RAP Compensation Budget

The figure gives estimates for acquired land value, affected structures, trees and crops and miscellaneous

(graves and other cultural sentimental allowances) and disturbance allowance is legally added to the declared

value as stated by Compulsory Acquisition Act. The itemised and total cost estimates for compensation is

presented in the table below.

The total cost for compensation summed to approximately Kenya shilling Kenya Shillings three hundred

ssixty four million, seven hundred and thirty six thousands, six hundred and seventy three and seventy cents

(Say Kshs. 364,736,673.60). The breakdown was as follows, acquired land value estimated to Kenya Shilling

ninety four five million, five hundred and thousands (Ksh. 94,500,000.00); affected buildings and other

structures one hundred ninty four million, four hundred eighteen thousands, nine hundred nineteen and ninety

cents (Kshs. 194,418,919.90); Fences (4,668,405.00), Electricity lines (17,250,000.00); Trees and perennial

crops (26,402,445) and; miscellaneous (graves and other cultural sentimental allowances) approximately two

million and two hundred thousand (2,200,000). 15% disturbance allowance is legally added to the declared

value as stated by Compulsory Acquisition Act totalling to approximately forty seven million five hundred

seventy four thousand, three hundred forty seven and seventy shilling (47,574,348.70).

The allowance caters for economic, social and physical disturbance caused to a PAP who is required to

relocate from areas they had gotten used to and sometimes lose their livelihood. The land value adopted was

an average calculated value based on the land yields, within the project area. This is due to lack of reliable

comparable land prices in the area. The cost of relocation and development of other facilities was not included

because the timeframe and the type of facilities to be provided were not indicated. The summary of the

compensation is as outlined on table 13 below:

Table 14: Cost estimates for compensation and RAP implementation

Compensation item Total Cost

Land 94,500,000.00

Buildings and other structures 194,418,919.90

Fences 4,668,405.00

Electricity lines 17,250,000.00

Trees and perennial crops 4,125,000.00

Miscellaneous (Graves removal and other cultural sentimental allowances) 2,200,000.00

Total Budget 317,162,324.90

15% statutory allowance 47,574,348.70

Sub - Total Compensation Budget 364,736,673.60

Costs for implementation of the RAP 33,075,000.00

GRAND TOTAL COMPENSATION BUDGET 397,811,673.60



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15.2 The RAP Implementation Budget

The cost for implementation of this RAP is 33,075,000.00 including the costs of professional services, project

management, capacity building of PAPs and monitoring services as presented in the following table:

Table 15: Costs for implementation of the RAP

Expense Description Unit Total Cost

Professional Services Verification of assets 5 3,000,000.00

Livelihood restoration

Resettlement assistance to the

vulnerable groups

Lump sum 9,000,000.00

Stakeholder participation Future consultations, awareness

creation and communication

42 meetings 2,100,000.00

RAP implementation RAP documentation and

implementation

Lump Sum 7,500,000.00

Resettlement Committees

costs

Allowances for RAP districts steering

committee and agents (CRCs)

9 Members 1,900,000.00

Allowances for RAP steering

committee and community agents

Local RAP/PAPCs

42 Members 1,500,000.00

Monitoring and evaluation Cost of monitoring and evaluation of

the process

Lump Sum 6,500,000.00

Subtotal - - 31,500,000.00

Administration cost based at

5% of Total RAP Cost

Administration cost for managing the

RAP process

Percentage of

cost

1,575,000.00

TOTAL 33,075,000.00



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16. MONITORING AND EVALUATION

Monitoring and evaluation is one of the central activities in ensuring successful implementation of any RAP.

Consequently, RAP monitoring and evaluation should be in cooperated into the Resettlement and

compensation management processes through provision of funds and employment of qualified personnel.

Due to its central place, implementation of the RAP for upgrading of Taveta – Mwatate road will be subject to

both internal and external monitoring and evaluation. The monitoring plan covers performance monitoring,

impact monitoring and completion audit. Monitoring, evaluation and final audit of the resettlement

implementation will be founded on the baseline survey generated in the RAP and ESIA reports for Taveta –

Mwatate road.

Arrangements for monitoring of resettlement activities by the implementing agency; supplemented by

independent monitors as appropriate, to ensure complete and objective information; performance monitoring

indicators to measure inputs, outputs, and outcomes for resettlement activities; evaluation of the impacts of

resettlement for a reasonable period of time after the resettlement activities have been completed.

16.1 RAP Monitoring Framework

During the RAP implementation, monitoring will be conducted on a continuous basis by the PIU through the

PAPC/CRC who will collect and record the information of resettlement activities and submit the monitoring

reports, on timely basis, to the PIU and attend its meetings. In the overall internal monitoring framework,

there will be continuous information circulation from the village level through the PAPC/CRC to the PIU

Office accompanied by periodic supervision and verification by the CRC Office. The monitoring and

evaluation involves both the internal and external monitoring.

16.2 Internal monitoring

Internal monitoring will be conducted at different levels. At the locational level, it will be conducted by the

PAPC. At the districts/County level, it will be conducted by the CRC and PIU. Monitoring will be done on a

continuous basis to ensure that all responsible implementing agencies follow the schedule and comply with

the principles of the RAP. The PIU/CRC will develop an internal monitoring framework to supervise the

resettlement activities. The PIU will maintain the basic database of land acquisition, house relocation and

resettlement. It will monitor all of the relocated households, and supervise the whole process of resettlement

preparation and implementation. The process will involve both performance and impact monitoring:

Performance monitoring will be conducted to assess the efficiency with which the RAP activities have been

implemented. It will include environmental audit and an independent compensation committee to spearhead

the grievance and verification of the compensation.

Impact monitoring will be conducted to assess the change in living standards of PAPs e.g. whether the RAP is

effective in maintaining or restoring PAPs livelihoods, especially the vulnerable groups e.g housing

conditions, access to basic amenities, demographic characteristics and indebtedness among other.

16.3 External monitoring

External resettlement monitoring will be conducted by an External Monitoring Assistance team (EMA) who

shall be engaged by the PIU. External monitoring will be in two phase namely compliance monitoring and

impact evaluation. The overall objective of the EMA will be to carry out the following:

i. Review the results of the internal monitoring and overall compliance with the RAP;

ii. Assess whether relocation objectives have been met especially with regard to housing, living

standards, compensation levels, etc;

iii. Assess general efficiency of relocation and formulate lessons for future guidance; and

iv. Determine overall adequacy of entitlements to meet the objectives.



54

16.4 Monitoring indicators

These indicators will facilitate monitoring of resettlement performance based on set timelines as per the RAP.

Monitoring and evaluation will assist in ensuring that compensation measures are correct, all eligible persons

have received their entitlements and that implementation of the RAP is proceeding well. Lists of indicators are

tabulated below:

Table 16: Monitoring Indicators

Subject Indicator

Land Number of acres of land (private, communal or government) land acquired for

the road way leaves

Number of land parcels and plots acquired

Road markings

Acquisition of

buildings and /

Structures

Number of structures (private, residential and commercial) buildings acquired

Number of demolished structures

Number of newly constructed structures

Trees and Crops Number of trees cut

Crops destroyed by area, type and ownership

Compensation, Re-

establishment and

Rehabilitation

Number of homesteads affected (buildings, land, trees, crops)

Number of owners compensated by type of loss

Number and type of replacement houses constructed

Number, capital endowment and profitability of replacement businesses

operating

Number of community structures replaced

Number of seedlings supplied by type

Number of trees planted

Hazards and

Disturbances

Number of homesteads affected by hazards and disturbances from

construction (noise levels, blasting, increased traffic levels, etc)

Social/ Demographic Homestead size (births, deaths, migration in and out)

Age and gender distribution

Marital status

Status of “vulnerable” homesteads

Distance/travel time to nearest school, health centre, church, shop,

administrative areas and water

Nutritional status of PAPs

Number of people with disease, by type (STDs, malaria, diarrheal, ARI,

immunizable disease)

Extent of awareness and educational programmes

Literacy and educational attainment of homestead members

School attendance rates by age and gender

Skills of homestead members

Landholding size, area cultivated and production volume/value, by crop (cash

and subsistence crops)

Landholding status (tenure)

Employment status of economically active members

Amount and balance of income and expenditure

Realisation of homestead income restoration plans (components implemented,

net income achieved)

Organisational membership of homestead members

Leadership positions held by homestead members

Leadership positions held by women

Growth in market areas



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Subject Indicator

Consultation Number of local committees established and dates of their meetings

Type of issues raised at local committees meetings

Involvement of local committees in the development planning

Number of participating NGOs and CBOs

Number of grievances registered by type

Number of grievances resolved

Number of cases referred to court

Training Number of PAPc committee members trained

Number of affected population trained in project-related training courses

Management Number of implementing agencies by function

Number of GoK ministry officials available by function

Number of office and field equipment, by type

Census and asset verification/quantification procedures in place

Effectiveness of compensation delivery system

Number of land transfers effected

Co-ordination between local community structures, KeNHA and GoK

officials

Vulnerable PAPs Number of agencies/organizations supporting or programmes targeting the

vulnerable PAPs

Number of vulnerable accessing various products and services including

medical care, capital support

16.5 Agency responsibilities

The monitoring responsibilities of the PIU during the RAP implementation will be as follows:

i. Set up the resettlement office, train resettlement staff to investigate the project affected area and

persons.

ii. Facilitate the appointment of an external agency to provide consulting services to the project office

and institute the final census survey.

iii. Conduct surveys jointly with the PAPC and CRC

iv. Train the PAPC

v. Conduct external monitoring



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REFERENCES

1. African Development Bank, Policies on Environment and Involuntary Resettlement, 2003.

2. Egis; Preliminary and Detailed Engineering Design of Mwatate-Taveta/Holli Road (A23) - Environmental

and Social Impact Assessment Report, May 2012;

3. GOK, (2009). Sessional Paper No. 3 on National Land Policy. Government Printers

4. Government of Kenya, Taita District Development Plan, 2008-2012.

5. Government of Kenya, Taveta District Development Plan, 2008-2012.

6. Ogolla B D and Mugabe J. (1996). Land Tenure Systems, in Land; Initiative Publishers, Nairobi Kenya

7. Okoth-Ogendo H. W. O (1999). Land policy Development in East Africa. A survey of recent trends: A

regional overview Paper for the DFID Workshop on “Land Rights and Sustainable development in Sub-

Saharan Africa” held at Sunningdale Park Conference Centre, Berkshire, England 16-19 February, 1999.

8. Okoth-Ogendo H.W.O (1989). Some issues of theory in the study of tenure relations in African

Agriculture. International African Institute. Cambridge University press.

9. Republic of Kenya, Constitution, 1963.

10. Republic of Kenya, Physical Planning Act, No. 6 of 1996.

11. Resettlement Plan of World Bank Funded Road Sector Assistance Project – December 2008.

12. http://www.flickr.com/photos/albertkenyaniinima/6105962864/sizes/o/in/photostream

13. International Finance Corporation, Handbook for Preparing a Resettlement Action Plan

Documents

Kenya - Feasibility Studies and Detailed Engineering