MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENTdocuments.worldbank.org/curated/en/152251527484719494/... · 2018-05-28 · i THE REPUBLIC OF KENYA MINISTRY OF LANDS, HOUSING AND

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THE REPUBLIC OF KENYA

MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT

Kenya Informal Settlements Improvement Project

RESETTLEMENT ACTION PLAN

FOR

KIBOKONI, SIR ALI (MAWENI) AND KWA NDOMO INFORMAL SETTLEMENTS,

MALINDI COUNTY

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Prepared for:

Kenya Informal Settlements Improvement Project (KISIP), Ministry of Land, Housing and Urban Development

Prepared by:

CPCS

In association with:

East African Engineering Consultants

Submission Contact:

Glory K. Jonga,-Vice-President (East and Southern Africa)

Tel: +44 7966 310 706

Email: [email protected]

Quality Assurance

Version Date Resp. Approval

1.0 March 17, 2014 J. Rita, E.Kimani,

L.Muchiri

J.Mutero

1.1 June 22, 2015 J. Rita, E.Kimani,

L.Muchiri

J.Mutero

1.2 August 24, 2015 J. Rita, E.Kimani,

L.Muchiri

J.Mutero

Acknowledgements

CPCS would like to acknowledge the kind assistance granted to them by the staff of the Ministry of Land, Housing and Urban Development of Kenya. In addition, we wish to thank the many officials and residents of Malindi, Mombasa and Kitui who gave so generously of their time and shared with us valuable information on the informal settlements.

Any errors of fact or interpretation are ours.

CPCS Transcom International Limited Suite G6 Welches Plaza Welches St. Michael, Barbados 613.237.2500 [email protected]

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Table of Contents

Acronyms and Abbreviations ......................................................................................................... vii

1 Background ................................................................................................................................ 11

1.1 Introduction .............................................................................................................................. 12

1.1.1 Authority of the Assignment ............................................................................................. 12

1.1.2 Objective of the RAP ......................................................................................................... 12

1.2 Scope of the Resettlement Action Plan Report ....................................................................... 13

1.3 Guiding Principles for the RAP Report ..................................................................................... 14

1.4 Structure of the Report ............................................................................................................ 15

2 Methodology .............................................................................................................................. 16

2.1 Introduction .............................................................................................................................. 17

2.2 Literature Review ..................................................................................................................... 17

2.3 Socio-Economic Survey ............................................................................................................ 17

2.4 Census and inventory ............................................................................................................... 17

2.5 Public Consultation ................................................................................................................... 18

3 Baseline Information .................................................................................................................. 20

3.1 Introduction .............................................................................................................................. 21

3.2 Baseline Data ............................................................................................................................ 21

3.3 Kibokoni .................................................................................................................................... 22

3.3.1 The Settlement .................................................................................................................. 22

3.3.2 PAPs and structures affected ............................................................................................ 23

3.3.3 Economic Characteristics .................................................................................................. 23

3.3.4 Relocating and preferred compensation option .............................................................. 24

3.4 Sir Ali (Maweni) ........................................................................................................................ 24

3.4.1 The Settlement .................................................................................................................. 24

3.4.2 PAPs and structures affected ............................................................................................ 26



3.5 Kwa Ndomo .............................................................................................................................. 27

3.5.1 The Settlement .................................................................................................................. 27

3.5.2 PAPs and Impacts .............................................................................................................. 29



4 Policy, Legal and Institutional Framework ................................................................................... 31

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4.1 Introduction .............................................................................................................................. 32

4.2 Applicable Policy and Legal Framework in Kenya .................................................................... 32

4.2.1 The Constitution of Kenya................................................................................................. 32

4.2.2 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 ..................................................................................................... 33

4.2.3 Kenya Roads Act, 2007 (No. 201 of 2007) ........................................................................ 33

4.2.4 Physical Planning Act (Cap. 286) ....................................................................................... 34

4.2.5 The Land Act (2012) .......................................................................................................... 34

4.2.6 Land Registration Act (2012) [LRA] ................................................................................... 35

4.2.7 National Land Commission (NLC) Act (2012) .................................................................... 36

4.2.8 Environment and Land Court Act (2011) .......................................................................... 36

4.2.9 Environmental and Management Coordination Act No. 8 of 1999 .................................. 37

4.3 World Bank Involuntary Resettlement Policy (Op 4.12) .......................................................... 37

4.3.1 Impacts Covered in the Policy ........................................................................................... 37

4.3.2 The World Bank’s Policy Objectives .................................................................................. 38

4.4 Kenyan Law Vs. World Bank’s OP 4.12 ..................................................................................... 39

4.1 Institutional Responsibilities for RAP ....................................................................................... 43

5 Impact Assessment and Livelihood Restoration .......................................................................... 44

5.1 Minimizing Displacement and Social Impacts .......................................................................... 45

5.2 Impact Assessment and Livelihood Restoration ...................................................................... 45

5.2.1 Kibokoni ............................................................................................................................ 45

5.2.2 Sir Ali (Maweni) ................................................................................................................. 46

5.2.3 Kwa Ndomo ....................................................................................................................... 46

5.3 Recommendations ................................................................................................................... 47

5.3.1 Loss of crops/live fence ..................................................................................................... 48

5.3.2 Impact on Vulnerable Members of the Community ......................................................... 48

6 Eligibility Criteria for Compensation ............................................................................................ 50

6.1 Classification of Displaced Persons .......................................................................................... 51

6.2 Proposed Entitlement Matrix ................................................................................................... 51

6.3 Conditions of eligibility for compensation ............................................................................... 52

6.3.1 Cut-off date ....................................................................................................................... 52

6.3.2 Database ........................................................................................................................... 52

6.3.3 Public consultations and disclosure .................................................................................. 53

7 Valuation Methodology .............................................................................................................. 55

7.1 Assets Valuation Methods ........................................................................................................ 56

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Value Approach ............................................................................................................................. 57

Application guidance provided by IVSC .......................................................................................... 57

7.2 The World Bank and Choice of the Value Approach ................................................................ 58

7.3 Methodology for Establishing Replacement Cost .................................................................... 58

8 Grievance Management and Redress .......................................................................................... 60

8.1 Introduction .............................................................................................................................. 61

8.2 Expected Grievances ................................................................................................................ 61

8.3 Formation of the grievance redress committee ...................................................................... 61

8.4 Grievance Resolution Mechanism ............................................................................................ 64

9 Monitoring and Evaluation ......................................................................................................... 65

9.1 Introduction .............................................................................................................................. 66

9.2 Internal Monitoring .................................................................................................................. 66

9.3 External Evaluation ................................................................................................................... 66

9.4 Monitoring and Evaluation Indicators ...................................................................................... 67

9.5 Methods of Data Collection ..................................................................................................... 68

9.6 Reporting .................................................................................................................................. 68

10 Implementation Schedule and Cost ........................................................................................... 70

10.1 Implementation schedule ........................................................................................................ 71

10.2 Direct Costs for RAP Implementation ...................................................................................... 73

Annexes ........................................................................................................................................ 75

Annex 1: Survey Tool ..................................................................................................................... 76

Annex 2: RAP Team ....................................................................................................................... 79

Annex 3: Minutes and List of Attendance....................................................................................... 80

List of Figures

Figure 3-1: Location of the Settlements within National and County Context ...................................... 22

Figure 3-2: Map of Kibokoni .................................................................................................................... 23

Figure 3-3: Sir Ali (M5) Settlement ......................................................................................................... 25

Figure 3-4: Sir Ali (546) Settlement ......................................................................................................... 26

Figure 3-5: Map of Kwa Ndomo Settlement ........................................................................................... 28

Figure 8-1: Grievance Resolution Mechanism ........................................................................................ 64

List of Tables

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Table 3-1: PAPs and structures affected ................................................................................................. 23

Table 3-2: Economic Characteristics ....................................................................................................... 24

Table 3-3- PAPs: Owners and Tenants and Years in the Settlement ...................................................... 26

Table 3-4- Economic characteristics ....................................................................................................... 27

Table 3-5 -Structures that will be Impacted ........................................................................................... 29

Table 3-6: Economic chracteristics ......................................................................................................... 29

Table 4-1: Comparison of Kenya Practice and World Bank’s Policy ....................................................... 40

Table 4-2: Statutory Institutions with Roles in the RAP process ............................................................ 43

Table 6-1: entitlements and additional assistance proposed ................................................................. 51

Table 7-1: International Valuation Standards (IVS) guidance provided by the IVSC .............................. 57

Table 9-1: Monitoring and Evaluation Indicators ................................................................................... 67

Table 10-1- Implementation Schedule.................................................................................................... 72

Table 10-2: Estimated Direct Costs for RAP Implementation ................................................................ 73

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Acronyms and Abbreviations CBO Community Based Organization

CECM County Executive Committee Member

CEO Chief Executive Officer

DCC Deputy County Commissioner

DSDO District Social Development Officer

EIA Environmental Impact Assessment

FGD Focused Group Discussions

GCI Galvanised Corrugated Iron

GoK Government of Kenya

GRC Grievance Redress Committee

Ha Hectare

IDA International Development Association

IVSC International Valuation Standards Council

KISIP Kenya Informal Settlements Improvement Project

Km Kilometre

KP Kenya Power

KURA Kenya Urban Roads Authority

LRA Land Registration Act

MAWASCO Malindi Water and Sewerage Company Ltd

MCA Member of County Assembly

MLHUD Ministry of Land, Housing and Urban Development

NEMA National Environment Management Authority

NGO Non-Governmental Organization

NLC National Land Commission

PAP Project Affected Person

PDP Part Development Plan

RAP Resettlement Action Plan

RAPIC Resettlement Action Plan Implementation Committee

RC Replacement Cost

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RE Resident Engineer

RPF Resettlement Planning Framework

SEC Settlement Executive Committee

WB World Bank

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Executive Summary The Government of Kenya (GoK), in cooperation with the World Bank, the Agence Française de Dévelopement, and the Swedish International Development Cooperation Agency, has prepared the Kenya Informal settlements Improvement Project (KISIP) in 15 municipalities. KISIP is spearheaded by the Ministry of Land, Housing and Urban Development and is being implemented through participating County Governments.

A basic idea behind KISIP is that the improvement in land tenure and infrastructure for the residents should not be piecemeal interventions in various poor urban settlements, but should be large-scale and cover a majority of the urban poor areas in the selected towns. Kitui, Mombasa and Malindi are some of the selected 15 towns in the country identified for infrastructure investments alongside improvements to security of tenure.

Project objective

The project’s development objective is to improve the living condition of people living in the informal settlements through securing land tenure and provision of infrastructure and services. Under this objective, KISIP is implementing infrastructure improvement projects in selected informal settlements in Malindi namely: Sir Ali/Maweni, Kibokoni and Kwa Ndomo.

Project Beneficiaries

The primary beneficiaries of KISIP are the residents of the three settlements. They will benefit from regularised or strengthened security of tenure, which, in turn, will give them the confidence to invest in their homes and in their neighbourhoods. They will also benefit from increased access to infrastructure and services, including access roads, security lighting and drainage.

Project impacts

The proposed infrastructure in the three settlements will lead to physical displacement of households, loss of shelter, assets, income sources and livelihoods. It will also lead to restriction of access to economic resources. During the process of surveying the road corridors and conducting community consultations, a total of 32 Project Affected Persons (PAPs) have been identified. Six (6) of these are in Kibokoni, 10 in Sir Ali/Maweni, and 16 in Kwa Ndomo. Socio-economic data, including a census of the PAPs and an inventory of assets, was collected and is presented in an entitlement matrix and compensation package proposed in this Resettlement Action Plan (RAP). Public consultations were carried out as this was also important for soliciting the opinions of the PAPs about the

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project impacts and compensation payments. In particular, full consultations were carried out with the relevant stakeholders including the Settlement Executive Committee (SEC), community members to be affected, and both county and national government officials. Among the key concerns of the PAPs was the imminent demolition of structures which had encroached onto road reserves. They wanted to know whether such structures will be considered for compensation and they were assured that they would.

World Bank OP4.12 - Involuntary Resettlement is triggered by this project and therefore

requires the preparation of a RAP. This RAP will help define the resettlement and

compensation necessary as a result of the infrastructure investments, in accordance with

the World Bank’s Involuntary Resettlement Policy and relevant sections of the

Operations Manual together with the Laws of Kenya.

Impacts of the project on the PAPs have been elaborated upon and mitigation measures

recommended. The total budget for RAP is estimated at Kshs 21,990,694.

The practical Cut-off Date for implementation of the RAP will be deemed to be the date

on which the census of affected persons and affected assets commenced i.e. 23rdMarch

2015. No structure established in the Project-Affected Areas after 23rdMarch 2015

should be eligible for compensation.

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1Background

The Government of Kenya has received a credit from the International Development Association (IDA) towards the cost of the Kenya Informal Settlements Improvement Project (KISIP). KISIP is a five year-project under the Ministry of Land Housing and Urban Development with a close working relationship with selected counties in the country and other concerned agencies. The overall project development objective of KISIP is to improve living conditions in informal settlements in selected Counties in Kenya. This will be achieved by enhancing security of tenure and improving infrastructure based on plans developed in consultation with the community. The proposed infrastructure investments will lead to physical displacement of households, and loss of shelter, assets, income sources and livelihoods of the encroachers. It will also lead to restriction of access to economic resources. This Resettlement Action Plan has been prepared to address these impacts in the selected settlements in Malindi.

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1.1 Introduction

KISIP focuses on improving the living conditions in informal settlements through tenure regularisation and infrastructure investment, while at the same time ensuring that the growth of new informal areas is curbed. KISIP is housed and spearheaded by the Ministry of Land, Housing and Urban Development (MLHUD) and is being implemented through participating County Governments.

A basic idea behind KISIP is that the improvement in tenure and infrastructure for the residents should not be piecemeal interventions in various poor urban settlements, but should be large-scale and cover a majority of the urban poor areas in the selected towns. The services to be provided will be basic and will constitute a minimum level from where continued development can carry on, driven by the residents themselves. By investing in basic infrastructure in large areas of the informal parts of Kenya’s town and cities, the usual gentrification that takes place during smaller slum upgrading interventions can be avoided or at least mitigated.

An important part of KISIP is that it will lay the foundation for continuing improvements not only in terms of tenure security and infrastructure, but also in terms of institutional settings and capacity building at different levels of society, including the community level.

Through KISIP, selected informal settlements in 15 counties in the country have been identified for infrastructure investments alongside improvements to security of tenure. MLHUD has engaged CPCS Transcom International Ltd, in association with East African Engineering Consultants, to prepare settlement upgrading plans for selected settlements in Cluster 1 towns which comprise Kitui, Mombasa and Malindi.

1.1.1 Authority of the Assignment

This report is prepared under the authority of Contract No. MH/KISIP/CS/003/2012-2013 signed between the MLHUD and CPCS Transcom International Limited on 28 April 2014, to carry out a study entitled “Consultancy for Socio-Economic Surveys, Infrastructure Upgrading Plans, Engineering Designs, Preparation of Bidding Documents, Environmental Impact Assessments, and Resettlement Action Plans in Informal Settlements (Cluster 1: Malindi, Mombasa and Kitui” (“The Assignment”) under funding from the World Bank, WB). This report is for the three settlements in Malindi.

1.1.2 Objective of the RAP

The main objective of this Resettlement Action Plan (RAP) is to provide a plan for resettlement and rehabilitation of the Project Affected Persons (PAPs) so that their losses will be compensated and their standard of living improved or restored to at least the pre-

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project levels and also minimize the adverse impacts to such PAPs. Specifically, the RAP is designed to ensure:

All types of losses are identified, clearly defined and properly categorized to reflect the

nature of the loss;

A standard or measure for defining eligibility and entitlement in order to have a fair

basis for assessing compensation for the loss or impact suffered;

Compliance with provisions of Kenyan Laws and World Bank Operational Policies (OP

4.12, paragraph 2(b)): that resettlement activity would be conceived and executed as

development programs, providing sufficient investment resources to enable the PAPs

to share in project benefits; and

A comprehensive database, based on which values will be assessed and validated in the

event of disputes, and more importantly serve as the database for monitoring and

evaluation of the resettlement instrument.

1.2 Scope of the Resettlement Action Plan Report

The proposed infrastructure in the three settlements in Malindi town, namely: Kibokoni, Sir Ali and Kwa Ndomo, will lead to physical displacement of households, loss of shelter, assets, income sources and livelihoods. It will also lead to restriction of access to economic resources. World Bank OP4.12 - Involuntary Resettlement is triggered by this project and, therefore, requires the preparation of a RAP. This RAP will help to define the resettlement and compensation necessary as a result of the infrastructure investments, in accordance with the World Bank’s Involuntary Resettlement Policy and relevant sections of the Operations Manual together with the Laws of Kenya.

The RAP Report includes the following:

A summary description of the Project;

Baseline socio-economic conditions of the PAPs;

An assessment of the Kenyan legal and international requirements

applicable to displacement and resettlement in the Project;

An assessment of likely displacement impacts;

A description of the proposed strategy to deal with displacement impacts, and to

ensure timely payment of compensation and delivery of other benefits to project

affected persons (PAP);

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The budget for all the resettlement activities;

Public information, consultation and participation;

Grievance redress mechanisms;

An implementation schedule; and

A monitoring and evaluation framework.

1.3 Guiding Principles for the RAP Report

The following principles have guided the resettlement planning process in this report:

i. PAPs are meaningfully consulted throughout the project period;

ii. Involuntary resettlement and land acquisition will be avoided;

iii. PAPs are assisted in their efforts to ideally improve their livelihoods and standards of

living or at least to restore them, in real terms, to pre-displacement levels or levels

prevailing prior to the beginning of project implementation, whichever is higher;

iv. Measures to address resettlement ensures that project affected people are informed

about their options and rights pertaining to resettlement, are included in the

consultation process and are given the opportunity to participate in the selection of

technically and economically feasible alternatives. They will also be provided with

prompt and effective compensation at full replacement cost for losses of assets;

v. This RAP applies to all PAPs regardless of the total number affected and the severity of

the impact and regardless of whether land is formally or informally owned;

vi. All PAPs are identified and recorded as early as possible, preferably at project

investment identification stage, in order to protect those affected by the project and

prevent an influx of illegal encroachers, squatters, and other non-residents wishing

to take advantage of project benefits; and

vii. Particular attention is paid to the needs of vulnerable groups among those displaced;

especially those below the poverty line, the landless, the elderly, women and children,

orphans, marginalized groups and the ethnic minorities or other displaced persons

who may not be protected through Kenyan laws. The objective is to provide whatever

additional assistance may be necessary to restore pre-project living standards.

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1.4 Structure of the Report

The report is structured as follows:

Chapter 1: Background

Chapter 2: Methodology

Chapter 3: Baseline Information

Chapter 4: Policy, Legal and Institutional Framework

Chapter 5: Impacts Assessment and Livelihood Restoration

Chapter 6: Eligibility Criteria for Compensation

Chapter 7: Cost Estimates of the Project Impacts

Chapter 8: Grievances Management and Redress

Chapter 9: Monitoring and Evaluation

Chapter 10: RAP Implementation Schedule and Cost

Annexes

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2Methodology

This Chapter presents the methodology used to prepare the Resettlement Action Plan Report

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2.1 Introduction

The RAP study team applied a participatory process in which the community and key stakeholders were involved. The approached used included literature review, a socio-economic survey and census of PAPs, an inventory of assets and public consultations.

The Consultant ensured that there was gender parity among those who attended public consultations and that such consultations included a cross-section of age groups, tenants, landlords, business people and stakeholder institutions.

2.2 Literature Review

Documents relevant to the resettlement of PAPs were reviewed. These included national policies, statutes, regulations, and World Bank guidelines. The objective of this desk review was to identify the literature and issues related to the study objectives.

2.3 Socio-Economic Survey

A socio-economic survey was conducted to gather socioeconomic information on the PAPs. The tool used for this purpose, attached as Annex 4, focused on a range of household-related variables: gender, age, household size, sources of livelihood, landlord or tenant, and property rights.

2.4 Census and inventory

A census was conducted of all PAPs and an inventory prepared of the impacts of the proposed infrastructure investments. The census enumerated all the households that will be affected by the project. The information assembled has enabled the identification of all PAPs as well as a determination of the loss of affected assets and other impacts within the target settlements.

Data collection was led by the socio-scientist and was facilitated by the SEC in respective settlements. A registered valuer determined the value of the affected assets, in the presence of the PAP and witnesses drawn mostly from the SEC. Annex 5 sets out the roles of the entire RAP team.

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2.5 Public Consultation

Public consultation was important for soliciting the opinion of the PAPs about the project impacts and compensation payments.

Consultations with the PAPs, the primary stakeholders, were preceded by preliminary meetings with secondary stakeholders within Kilifi County, including:

National Government officials;

County Government officials: County Executive Committee Member (CECM) Lands, and Chief Officer Lands;

KISIP coordinator, Kilifi;

Local administration (Chiefs and assistant chiefs in the respective settlements); and

Community Based Organizations (CBOs).

The consultations were aimed at identifying the best ways to mitigate the anticipated project impacts. The Consultants applied this approach consistently to ensure that all stakeholders are adequately briefed about the project and their suggestions and inputs are included in the project. This approach will further strengthen the sustainability of the project.

In each settlement, the consultants and the valuation experts conducted open forums with the PAPs to inform them about the proposed infrastructure and the need for some of them to relocate away from the rights of way.

In Kibokoni, the PAPs were willing to remove their structures and to pave way for the infrastructure development. They recognize the benefits that the project will have on their communities. However, they regretted that they will be losing parts of their structures which they had spent money constructing. As some of these structures are business premises, there will be a loss of livelihood.

During the consultation meeting in Sir Ali, the SEC were informed that some of the roads have not been considered due to the extent of encroachment on road reserves. The SEC committed to notify all the people who have encroached asking them to remove their structures voluntarily to facilitate the construction of roads.

In Kwa Ndomo, the PAPs were concerned about the fact that the roads designed would affect their structures as the beacons marking the roads reserves had, in some instances, been placed inside people’s houses. They recommended that the roads be confined to the available space with minimal impacts on people’s structures, where possible.

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During consultations in all three settlements, the affected individuals raised questions and provided comments concerning compensation options and the types of compensation they can get. Transect walks were also conducted to confirm the information from consultations and observations were made on the physical and environmental conditions in each settlement.

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3Baseline Information

This chapter presents the socio-economic baseline information for the PAPs in the three settlements in Malindi town

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3.1 Introduction

The data used to establish socio-economic baseline conditions was derived from field surveys conducted in the project areas specifically for this RAP, in Kibokoni, Sir Ali (Maweni) and Kwa Ndomo.

There were two broad data objectives for the socio-economic baseline assessment:

a) Establish a robust characterization of general pre-project socio-economic conditions

against which future changes can be measured, and

b) Enable the following key issues to be addressed during project implementation:

✓ Physical and economic impacts on PAPs during and after the project implementation

period

✓ Effects from an influx of migrants to the area, anticipated as a public response to

perceived economic opportunity, leading to a number of issues including the

following:

Inflation and resulting social tension due to economic disparities

Increased social pathologies such as crime and prostitution

Decreased access to existing services and infrastructure

3.2 Baseline Data

The town of Malindi is in Kilifi County and is located about 120 kms northeast of Mombasa, at the mouth of the Sabaki River which flows into the Indian Ocean. It is the second largest tourist town along the coast of Kenya. The three settlements selected by the Client for this assignment are Kibokoni, Sir Ali (Maweni) and Kwa Ndomo.

Malindi is the largest town in Kilifi County with a population of 207, 253 people as of the 2009 census. It is a famous tourist destination with various attraction sites such as the Vasco da Gama Pillar, Gedi Ruins, Malindi Marine Park and the beautiful sandy beaches. The town has a high incidence of drug abuse and prostitution which is attributed to the low educational levels among the locals and the high number of tourists. Malaria, respiratory diseases and skin diseases are the most prevalent health issues.

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Figure 3-1: Location of the Settlements within National and County Context

Source: CPCS, 20014 from Google Maps

3.3 Kibokoni

3.3.1 The Settlement

Kibokoni settlement derives its name from the prevalence of hippos (the Swahili name is

“Kiboko”) in the River Sabaki. These animals reside in the well-grown bushy and swampy

areas and are perceived to be a menace by the residents. The settlement has a largely

rural character with most of the residents undertaking subsistence agriculture at

household level. The former Malindi Municipal Council allocated the land to squatters in

1991 and subsequently issued titles between 1994 and 1995. The average household size

is 6 members per household. The proposed infrastructure affects 6 households in total, 3

of the household being female headed. Of these, a total of 35 household members, 12

male and 23 female will be affected.

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Figure 3-2: Map of Kibokoni

3.3.2 PAPs and structures affected

Five (5) of the PAPs have their structures affected while one (1) hasher trees impacted by

the road infrastructure in Kibokoni Settlement. All the PAPs have resided in the

settlement for 5-10 years. See Annex 1 for details of the PAPs

Table 3-1: PAPs and structures affected

Type of Impact Period in the settlement

5-10 years Over 10 years

Structure owners 5 -

Trees 1

3.3.3 Economic Characteristics

Of the six PAPs, three are casual labourers while two are formally employed. One PAP has

farming as its main source of livelihood. Three of the PAPs have monthly incomes between

Kshs 1,000-5,000 and the other 3 between Kshs 5001-10000.

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Table 3-2: Economic Characteristics

Number of PAPs Livelihood sources Income levels per month

6 Business Employment Casual labourers

Farmer Kshs 1,000-5,000

Kshs 5,001-10,000

- 2 3 1 3 3

3.3.4 Relocating and preferred compensation option

Through stakeholder engagement, the PAPs demonstrated their willingness to relocate once they are compensated. When asked when they could relocate to pave the way for the infrastructure developments, all the six PAPs stated that they could do so immediately they are compensated. All the PAPs preferred cash compensation.

3.4 Sir Ali (Maweni)


Sir Ali (Maweni) was originally a forest and the initial residents, less than 2,000, were

farmers who progressively built housing structures there. The settlement derives its

name “Maweni” from the conglomeration of stony hills naturally found in the area

(“Mawe” is the Kiswahili name for stones). The current population is a mix of different

age groups, sex and ethnic groupings, the majority of whom are from the coastal region

of Kenya. The average household size is 6 members.

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Figure 3-3: Sir Ali (M5) Settlement

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Figure 3-4: Sir Ali (546) Settlement

3.4.2 PAPs and structures affected

The number of PAPs consists of 10 households, comprising 7 male-headed and 3 female-

headed households. Nine of the PAPs are structure owners while one has her business

impacted by the road infrastructure. Eight (8) of the 10 PAPs have resided in Sir Ali

(Maweni) for more than 10 years while one has lived in the settlement for less than 5.

One of the PAPs is a tenant whose business will be affected. See Annex 2 for details of the

PAPs and affected structures

Table 3-3- PAPs: Owners and Tenants and Years in the Settlement

Ownership Period in the settlement

5-10 years Over 10 years

Structure owners 1 8

Tenants 1 -

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Out of the ten PAPs, 6 have incomes above Kshs 10,000 per month with the other four making Kshs 5000-1000 monthly. Nine (9) PAPs have a business as their main livelihood source while one is a casual labourer-see Table 3-4.

Table 3-4- Economic characteristics

Number of PAPs Livelihood sources Income levels per month


Farmer Kshs 5,001-10,000

Above Kshs 10,000

9 - 1 - 4 6


All the PAPs are willing to relocate once they are compensated. When asked when they could relocate to pave way for the infrastructure developments, eight of the PAPs stated that they could do so immediately they are compensated while two propose done month after compensation. All the PAPs preferred cash compensation.

3.5 Kwa Ndomo


Kwa Ndomo (Kibokoni M59 and M61) informal settlement is situated in Sabaki Sub-Location within Malindi. The settlement started in the early 1900s when a freed slave—Mr. Ndomo -- started a plantation in the area. The plantation was referred to as ‘Chunga’ in Kiswahili thus ‘Chungani kwa Ndomo’ meaning Ndomo’s Plantation. The land was initially owned by Arabs but increasingly the indigenous communities settled there, giving the settlement a cosmopolitan character. Although the residents have not been keen on getting title deeds in the past, the Ministry of Lands, Housing and Urban Development has initiated the process of preparing the Local Physical Development Plan to facilitate the issuance of Title Deeds.

Kwa Ndomo Settlement is split into two by the Lamu-Garsen Road. It is characterized by commercial and residential developments as well as agricultural land in the surrounding areas. There are high-income residential developments in the vicinity of the settlement and some hotels which offer employment to the local residents.

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Figure 3-5: Map of Kwa Ndomo Settlement

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3.5.2 PAPs and Impacts

The number of PAPs will consist of 16 households, comprising 15 male-headed and 1

female-headed households. Fourteen (14) of the PAPs are structure owners while 2 have

leased their land to a developer who has erected a structure encroaching on the road

reserve. All PAPs have resided in Kwa Ndomo for over ten years. Three (3) business

structures, 10 residential structures, one live fence and an ablution block will be impacted

by the road infrastructure in Kwa Ndomo.

Table 3-5 -Structures that will be Impacted

Impacts Number

Business structures 3

Residential structure 10

Live fence 1

Ablution Block 1


A half of these PAPs (8) have incomes below Ksh 10,000 per month see Table 3-6; of the 16 PAPs, 10 have a business as the main source of livelihood, 2 are causal labourers, 3 are in formal employment and one is a farmer. Table 3-6 summarizes the PAPs. Annex 3 presents the details of the PAPs and affected structures.

Table 3-6: Economic chracteristics

Number of PAPs

Livelihood sources Income levels per month(Kshs)


Unemployed

Farmer Less than 1,000

1,000-5,000

5,001-10,000

Above 10,000

10 5 6 2 1 2 3 7 12


Fourteen (14) PAPs are willing to relocate once they are compensated while 4 demonstrated

their unwillingness to be displaced and suggested that the road infrastructure be confined to

the available space without affecting their structures. It is recommended that the road

designs be re-looked into by the Resident Engineer to explore this possibility at the first

instance. However, should this not be possible, further consultations with the PAPs should

be held and appropriate compensation and assistance offered. This should be monitored and

reported on during implementation to ensure resolution of any conflicts or grievances that

may arise. However, all the PAPs support the infrastructure development in Kwa Ndomo.

When asked when they could relocate to pave the way for the infrastructure developments,

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12 PAPs stated that they could do so immediately they are compensated while 2 stated that

they would need a month after compensation. All the PAPs preferred cash compensation.

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4Policy, Legal and Institutional Framework

This chapter presents the policy, legal and institutional framework for the preparation of the RAP report.

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4.1 Introduction

Resettlement of PAP in the project will be carried out in accordance with:

Laws, regulations and guidelines for Resettlement/Land Acquisition Policy Framework of the Government of Kenya; and

The World Bank’s Operational Policy (O.P 4.12).

4.2 Applicable Policy and Legal Framework in Kenya

The relevant national laws, regulations and guidelines are:

4.2.1 The Constitution of Kenya

The Constitution, the supreme law, in Kenya enshrines the right for every Kenyan, either individually or in association with others, to acquire and own property of any description in any part of Kenya, and outlaws enactment of any law that would permit the State or any person to arbitrarily deprive a person of any form of property.

The Constitution, however, conditionally allows deprivation of a person’s property or of any interest therein, where:

Deprivation is for a public purpose or where land is needed for a public interest;

The acquisition is carried out in accordance with the provisions under the

Constitution and any Act of Parliament; and provided;

The persons affected receive” prompt payment in full, of just compensation” for

deprivation of their interests in the property acquired; and

The persons affected by the loss of their property have unhindered right of access

to a court of law [Article 40 Clause (3)]

The Constitution extends a discretionary right to “prompt payment in full, of just compensation” to “occupants in good faith of land compulsorily acquired under clause (3) of Article 40” who hold no title to the land. Clause (6) of Article 40, however, expressly curtails payment of compensation for any property that has been found to have been unlawfully acquired.

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4.2.2 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012

The provisions of this Act are guided by the Bill of Rights under the Constitution of Kenya.

(2010).

Section 5 of the Act lists development projects among the displacing factors and outlines

involvement of the affected persons through awareness, sensitization, training and

education on causes, impact, consequences and prevention measures.

Section 6 of the Act provides that displacements and relocation from land required for a

development project will only be justified by a compelling and overriding public interest.

The procedures to follow are listed under section 22 and include: -

Justification as to why the displacement is unavoidable and that there is no other

feasible alternative;

Seeking free and informed consent from the affected persons;

Holding public hearing on project planning;

Giving reasonable notice to allow the affected persons review and react to the

displacement conditions; and that

Displacement process should reflect respect to human rights.

Relocation of the affected persons should, according to section 22 of the Act, be guided

by the following factors: -

i. Full information on the affected persons and ensuring their participation;

ii. Identification of safe, adequate and habitable alternatives;

iii. Availability of safety, nutrition, health, and hygiene as well as protection at

the new location; and

iv. Acceptability by the host communities in the new location where re-location

is implemented.

4.2.3 Kenya Roads Act, 2007 (No. 201 of 2007)

Section 49 of the Kenya Roads Act, 2007 (No. 201 of 2007) prohibits erection of

structures on a road reserve without permission from the Roads’ Authority. Where a

person, without the required permission, erects, constructs or establishes a structure

or other thing, or makes a structural alteration or addition to a structure, the Authority

may by notice in writing direct that person to remove the unauthorized structure. If

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the person to whom a notice has been issued fails to remove the structure, alteration

or addition mentioned in the notice, within the period stated, such item may be

removed by the Authority itself and the Authority can recover the cost of the removal

from that person.

4.2.4 Physical Planning Act (Cap. 286)

The Act provides for preparation of land use plans with a view to improving the affected

land, securing suitable provision for transport, public purposes, utilities and services,

commercial, industrial, residential uses among others. This is defined in the Section 16 of

the Act. The process for plan preparation are included in the main Act whereby all plans

have to be presented to the public and published in the local newspaper prior to

approval by the Cabinet Secretary. Stakeholders have to be involved in the planning

process and their views have to be incorporated in the land use plan.

Once the land use category has been incorporated in a land use plan and it has gone

through the approval stage, the dedicated land use vests in the authority responsible for

the activity or service for benefit of the public as a whole. A restriction is implied of any

re-allocation of the user to any other purpose thereafter.

Section 29 of the Act allows County Governments to prohibit or control use and

development of land and buildings and give to approve all developments within their

areas of jurisdiction. Where no such permission has been granted, the local authority is

allowed to demolish any such structures.

The Act, however, does not provide any procedures to be followed where demolition is

to be carried out and can make rise ugly confrontations between compliance enforcers

and owners and occupiers of illegal developments.

4.2.5 The Land Act (2012)

This Act applies to all land declared as public land in Article 62 of the Constitution and all

private land as declared by Article 64 of the Constitution.

The portion of the Act touching on Involuntary Resettlement is Part (viii) that spells out

the process required to involuntarily acquire private land. As of now no rules have been

promulgated to spell-out the safeguards to the affected persons’ interests that are

injured where involuntary resettlement cannot be avoided. To fill this vacuum, transitory

provisions under the Schedule to the deleted Land Acquisition Act (Cap295) apply.

The Act permits involuntary land purchases to be resorted to where “the possession of

the land is necessary in the interests of defense, public safety, public order, public

morality, public health, urban and planning, or the development or utilization of any

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property in such manner as to promote the public benefit” and where “the necessity

therefore is such as to afford reasonable justification for the causing of any hardship that

may result to any person having an interest in or right over the property”

Kenya’s definition of purposes for which involuntary settlement can be resorted to is

open ended, providing much greater space for the exercise of discretion and

interpretation. The involuntary purchase’ powers do not, however, extend to settlement

of squatters, the poor and landless, persons displaced by infrastructure developments

and the internally displaced persons. Section 134 (4) of the Land Act specifically provide

that land purchases for such purposes be subject to the Public Procurement and

Disposal Act, 2005 (No. 3 of 2005).

The enactment of the Land Act, Sec 157(2), criminalized encroachments on public land as

follows:

(i) Unlawful occupation of public land is an offence which attracts fines of up to

KES 500,000 and if a continuous offence, a sum not exceeding KES 10,000 for

every day the offence is continued;

(ii) Wrongful obstruction of a public right of way is an offence and attracts a fine

of up to KES 10,000,000 and if a continuous offence, a sum of up to KES

100,000 for every day the offence is continued; and

(iii) In addition to these criminal sanctions, any rights over land that were

obtained by virtue or on account of an offence may be cancelled or revoked.

4.2.6 Land Registration Act (2012) [LRA]

The Act applies to registration of interests to all public land and registration of interests

to all private land. . The Act has substantive and procedural law on dispositions, creation

of charges and the liquidation of such charges are far-reaching and of some import to

involuntary purchases as who is entitled to what rights and obligations while determining

eligibility to compensation. Of interest with regard to involuntary resettlement is section

42 that provides that:

‘No part of the land comprised in a register shall be transferred unless the proprietor

has first subdivided the land and duly registered each new subdivision”.

There is no specified penalty for non-compliance to this provision. Such a transaction is,

however, void but the contract would still be enforceable under Section 36 (2) which

provides that “Nothing in this section shall be construed as preventing any unregistered

instrument from operating as a contract”

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4.2.7 National Land Commission (NLC) Act (2012)

The National Land Commission was created in pursuance of Article 67 of the Constitution

and is mandated to, among others, to manage public land for the national and county

governments; recommend a national land policy to the national government, advise the

national government on a comprehensive programme for the registration of title in land

throughout Kenya and assess tax on land and premiums on immovable property;

Under Article 67 (3) of the Constitution the National Land Commission may perform any

other functions prescribed by national legislation. Among those other functions

prescribed by a national legislation is the compulsory land purchase and its consequential

Involuntary resettlement. [Section 107 (1) of the Land Act]

The Commission is responsible for assessment and payment of the compensation to the

affected persons. The Commission handles the publication of the intention to

compulsorily acquire land, inspections of affected properties, consulting the affected

persons on intended resettlement, issuing of awards, payment of the awards to the

affected persons and taking possession of the land acquired and handing over the land to

the project’s implementer.

4.2.8 Environment and Land Court Act (2011)

The Act gives effect to Article 162(2) (b) of the Constitution by establishing the

Environment and Land Court that has original and appellate jurisdiction. According to

Section 4 (2) and (3), it is a court with the status of the High Court. It exercises jurisdiction

throughout Kenya and pursuant to section 26, is expected to ensure reasonable and

equitable access to its services in every county.

The principal objective of this Act is to enable the Court to facilitate a just, expeditious,

proportionate and accessible resolution of disputes governed by the Act. The Court

exercises its jurisdiction under Section 162 (2) (b) of the Constitution and has power to

hear and determine disputes relating to ―

(a) Environmental planning and protection, climate issues, land use planning,

title, tenure, boundaries, rates, rents, valuations, mining, minerals and other

natural resources;

(b) Compulsory acquisition of land;

(c) Land administration and management;

(d) Public, private and community land and contracts, choses in action or other

instruments granting any enforceable interests in land; and

(e) Any other dispute relating to environment and land.

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Nothing in the Act precludes the Court from hearing and determining applications for

redress of a denial, violation or infringement of, or threat to, rights or fundamental

freedom relating to land and to a clean and healthy environment under Sections 42, 69

and 70 of the Constitution.

4.2.9 Environmental and Management Coordination Act No. 8 of 1999

Article 42 of the Constitution guarantees every person the right to a clean and healthy

environment. Consequently the protection of the environment is a constitutional duty.

The main objective of the Act, though enacted before promulgation of the new Kenyan

Constitution, is to provide an appropriate legal and institutional framework for

management of the environment. The Act makes it a criminal offence to interfere with

fragile ecosystems and the penalties provided are criminal in nature.

4.2.10 Matrimonial Property Act, 2013 It is an Act of Parliament that provides for the rights and responsibilities of spouses in relation to matrimonial property and connected purposes. If the implementation of KISIP affects matrimonial property, family businesses, and matrimonial homes, then relevant sections of the Act will apply. Consultations and compensation mechanisms will be influenced by the provisions of the Act. The Act defines:

a) A “family business” as a business run for the benefit of the family and which generates income or other resources for the benefit of the family.

b) A “matrimonial home” as property owned or leased by one or both spouses and which is occupied as their family home. It extends to any property attached to the matrimonial home (would therefore cover servant quarters, gardens, extensions).

c) “Matrimonial property” to mean either the: matrimonial home; household goods and effects in the matrimonial home; or any movable or immovable property jointly owned and acquired during the marriage. Trust property, including property held in trust under customary law, does not form part of matrimonial property.

People, who profess Islamic faith as in the Malindi settlements, have the option of invoking Islamic law in all matters relating to matrimonial property.

4.3 World Bank Involuntary Resettlement Policy (Op 4.12)

4.3.1 Impacts Covered in the Policy

The policy provides a basis for preparation of Resettlement Policy Framework and Resettlement Action Plan.

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The World Bank’s policy on resettlement covers direct economic and social impacts that both result from infrastructure projects and caused by:

(a) The involuntary taking of land resulting in:

Relocation or loss of shelter;

Loss of assets or access to assets; or

Loss of income sources or means of livelihood, whether or not the

affected persons must move to another location; or

(b) The involuntary restriction of access to legally designated parks and protected

areas resulting in adverse impacts on the livelihoods of the displaced persons.

4.3.2 The World Bank’s Policy Objectives

Involuntary resettlement can cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The World Bank policy on involuntary resettlement’s fundamental principle is to prevent impoverishment of the persons affected by a project and on how to rebuild affected people’s livelihoods.

The salient features of the detailed World Bank’s policy on involuntary resettlement are as follows:

a) Compulsory purchase shall not be the preferred tool for the acquisition of land, it should be avoided where feasible, or minimized, and should be resulted to where other options, e.g. project design, voluntary means, and / or land exchange are not available;

b) The Policy acknowledges that there are circumstances where, due to scale of project or complexity of ownership structure, compulsory purchase is the only feasible option. In such instances involuntary land purchases can be implemented but with utmost respect for the rights of affected persons.

c) Displaced persons should be assisted in efforts to improve their livelihoods and standards of living or at least restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

d) Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programmes.

e) Compensation for land and structures lost is to be based on their replacement cost.

f) Given that issues of land title are a challenge for millions of people at all income levels across the developing world, the Bank holds that lack of title is not a fair reason to disqualify a person for compensation and resettlement assistance.

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g) Resettlement action plans must identify and assist the poor and vulnerable people, especially the elderly, the disabled and women-headed households to resettle and improve their standards of living.

4.4 Kenyan Law Vs. World Bank’s OP 4.12

When the Kenyan Parliament passed the Sessional Paper No 4 in 2009, there was unanimity of opinion across the social and political spectrum in Kenya that the Land Acquisition Act (cap 295) suffered from various shortcomings.

The National Land Policy (2009) expressed this public concern on land acquisition issues, stating:

a) The established procedures are either not observed, or not adhered to leading to irregular acquisitions;

b) Persons affected are not compensated at full replacement cost;

c) System was considered to provide inadequate compensation that relied on under-declared sale prices;

d) Customary 15 per cent of the acquired assets’ market value addition was considered too low to compensate PAP for disturbance and costs of relocation where necessary;

e) The compensation was based on the market value of the acquired assets as at the time of publication of the Notice to acquire the land, not as at the date of payment, thereby subjecting the compensation to inflation and lowering of its purchasing power; and

f) That there was lack of transparency with regard to disclosures of the itemized details of the compensation.

It is apparent that the drafters of the National Land Policy (2009) were aware of the existence of World Bank’s OP 4.12 on Involuntary Resettlement. Further, the Constitution (2010) made fundamental changes to land acquisition and involuntary resettlement, land ownership, administration and registration of land. In addition, the Constitution (2010) emphasised on gender parity, respect for human rights and right to information and PAPs participation in their resettlement programmes. The Constitution also created the Environmental and Land Act, a disputes’ resolution agency while it encouraged traditional disputes resolution mechanism.

The Parliament’s enactment of the Prevention, Protection and Assistance to Internally

Displaced Persons and Affected Communities Act, 2012, assisted to bridge the gap that

existed between the Kenyan Law and the World Bank’s OP 4.12

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The provisions of the Act are guided by the Bill of Rights under the Constitution of Kenya.

(2010). The Act requires that the PAPs be involved in a project’s planning through

awareness, sensitization, training and education on causes, impact, consequences and

prevention measures. The Act, further, stipulates the procedures to follow are listed

under section 22 and include:-

(i) Justification as to why the displacement is unavoidable and that there is no other

feasible alternative;

(ii) Seeking free and informed consent from the affected persons;

(iii) Holding public hearing on project planning;

(iv) Giving reasonable notice to allow the affected persons review and react to the

displacement conditions; and that

(v) Displacement process should reflect respect to human rights.

Relocation of the affected persons should, according to section 22 of the Act, be guided by the following factors:-

(i) Full information on the affected persons and ensuring their participation;

(ii) Identification of safe, adequate and habitable alternatives;

(iii) Availability of safety, nutrition, health, and hygiene as well as protection at the new

location; and

(iv) Acceptability by the host communities in the new location where re-location is

implemented.

Those changes to the Kenyan law have largely harmonized the involuntary resettlement issues in Kenya to match the World Bank’s Op 4.12 on Involuntary Resettlement:

a) Kenya Government has appreciated the World Bank principles that have proved to work in addressing involuntary resettlement related issues. This can be ascertained by that an ESIA and a RAP have become mandatory standard documents to be availed to NLC before initiating the process of acquiring land for infrastructural developments.

b) Many government agencies and project implementers are adopting a negotiation approach which involves public and stakeholder consultation and participation as opposed to the traditional compulsory acquisition approach where the acquiring authority dictated the terms and, consequently, riddled with resentment that might arise conflicts and grievances and lack of project support from the project affected people and other stakeholders.

Table 4-1: Comparison of Kenya Practice and World Bank’s Policy

Kenya practice World Bank Policy

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Expropriation

process and

implementation

Constitution of Kenya (2010) is clear on

principles regarding resettlement based

on:

• Full, fair and prompt compensation,

• Participation of affected persons in

design of a project and their

resettlement

Public participation is gaining

momentum with implementation of

new Constitution but previously not

entertained. Stress previously was

more on reduction of project’s costs

and speed of implementation.

• Respect for the human rights of

the owners and occupants of the

land to be acquired

• Minimize human costs

• Efficiency and Fairness (the

principles of good governance)

stressed

• Legitimate (the principles of

administrative justice)

• Transparent

• Fair compensation

The

procedural

rights of

people

• The right of notice

• The right to be heard

• The right to appeal

• The right to equivalent reinstatement

are clearly set in law but practice may

be wanting in fulfilling the legal

provisions

• The right to legitimate process

• The right of notice

• The right to be heard

• The right to appeal

• The right for fair and

transparent procedure

• The right to equivalent

reinstatement

Payment of

compensation

At times payment was made years after

completion of project without

adjustments for loss of purchasing

power. Issue rectified in the new

Constitution.

• Full, fair and prompt compensation,

Compensation has to be paid

before the affected persons are

displaced from the project’s site

Compensation

to

Encroachers

Those occupying public land in “good

faith” (e.g. indigenous communities)

eligible for full compensation but

compensation expressly denied to

persons who have unlawfully acquired

public property. Encroaching onto

public land prosecutable as criminal

offense,

Encroachers and squatters

eligible for compensation for

developments prior relocation

and assistance during relocation.

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Preferred

value

approach

All valuations are made on the basis of

fair market value. The value approaches

preferred in determining fair market

value in their hierarchical order are:

i. Comparison Approach;

ii. Investment Approach; and

iii. Depreciated Replacement Cost

approach (reproduction cost)

Replacement Cost approach

Specifically, many of the provisions of the Kenyan law and policy and the World Bank’s Policy on Involuntary Resettlement expect that the affected are no worse off, possibly better off, than they were before the compulsory acquisition process started.

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4.1 Institutional Responsibilities for RAP

During the RAP preparation process, a number of key institutions were identified as critical to both preparation and implementation of the RAP (Table 4-2).

Table 4-2: Statutory Institutions with Roles in the RAP process

No Institution Role

1 Ministry of Land, Housing and Urban Development

Houses the KISIP project

Provides policy direction

Handles land tenure issues

2 County Government of Malindi Has the responsibility of implementing the RAP

Grievance handling mechanism

3 Kenya Urban Roads Authority In charge of the management of urban roads. It approves road designs and maintains roads.

4 Kenya Power (KP) Responsible for relocating electricity transmission lines from the road reserves

5 Malindi Water and Sewerage Company Ltd (MAWASCO)

Responsible for metering the water connections and relocating affected water infrastructure e.g. pipes, water kiosks to pave way for roads and drainage

6 National Environment Management Authority (NEMA)

Approving and issuing EIA licenses for projects which have addressed environmental and social impacts

7 Ministry of Finance Financial management on behalf of the Borrower (GoK)

Provision of counterpart funding – part of which is used to settle compensation claims by PAPs

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5Impact Assessment and Livelihood Restoration

This chapter summarizes the project displacement impacts of the

proposed infrastructure investments in the three settlements in

Malindi: Kibokoni, Sir Ali (Maweni) and Kwa Ndomo

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5.1 Minimizing Displacement and Social Impacts

The development of infrastructure will be confined within the existing public land and reserves so as to avoid or minimize relocation and therefore resettlement and disturbances arising from land acquisition in line with the World Bank OP 4.12.

Project activities that will give rise to displacement include the construction of roads and drainage in Kibokoni, Sir Ali and Kwa Ndomo settlements in Malindi. The proposed infrastructural developments in the three settlements are to be sited on land reserved for roads in the respective settlement Part Development Plans (PDPs).This therefore will allow the households who lose their houses due to encroachment to reconstruct their houses at the right place without any resettlement or relocation so as to reduce the social disruption.

Additional measures taken or steps to be taken to reduce impact include:

Constant consultations with the PAPs and sensitization using SEC has given them time to

prepare and mitigate adverse impacts; and

All those that shall be affected by the project will be fully compensated before project

commencement.

5.2 Impact Assessment and Livelihood Restoration

The infrastructure development will lead to physical and economic displacement of people, loss

of shelter, assets, income sources and livelihood, as well as restriction of access to economic

resources.

5.2.1 Kibokoni

The settlement upgrading plan prepared for Kibokoni informal settlement has proposed 4.728

Km of roads and a 4.763 Km drainage system.

The impacts that will arise from the development of the above infrastructure include:

Loss of residential structures; Loss of business structures; and Loss of crops and trees.

Affected assets in Kibokoni include 4 residential structures, a rental coral stone building with

eleven rooms and service areas and 300 mature casuarina trees.

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Four residential structures are constructed using wooden posts that are in-filled with stabilized earth for walls and earth floors under thatched roofs. The structures are all owner-occupied and their plinth areas range from 139 square feet to 400 square feet.

The rented structure is constructed of dressed coral stone, cement screed floor under a lean-to galvanized corrugated iron sheets’ roof. Three of the eleven rental rooms comprising the development protrude onto the land reserved for the road and are to be affected without affecting the structural stability of the remainder eight rooms. The Resident Engineer will confirm the structural integrity of the rooms and if found to be unsound, full compensation at replacement cost is to be offered. This should be monitored and reported on during implementation. Each of the three rooms affected has an area of 100 square feet.

300 Casuarina trees.

5.2.2 Sir Ali (Maweni)

The settlement upgrading plan prepared for Sir Ali informal settlement has proposed water and

solid waste management systems, 1.479Km of roads and a 1.395Km drainage system.

The structures to be affected in Maweni (Sir Ali) comprise:

Two structures constructed of straightened drum – sheets walls and cement screed floors under galvanised corrugated iron sheets roofs. The plinth areas of the two structures are 80 square feet and 120 square feet respectively;

One 45 feet long and 6.5 feet high frontage coral stone perimeter wall and an entrance gate that protrudes onto the reserved road;

One residential structures constructed of stabilised earth (earth mixed with cement) walls, earth floors under thatched roof. Plinth area 240 square feet;

One residential structure constructed of stabilised earth (earth mixed with cement) walls, earth floors under galvanised corrugated iron sheets roof. Plinth area 288 square feet;

Two houses constructed of dressed coral stone walls, cement screed floors under a galvanised corrugated iron sheets roof. The respective areas of the two houses are 240 square feet, and 288 square feet;

One entrance verandah with open sides and a raised slab roof supported by round 4’’ thick steel pipe columns;

13 coral stone pillars.

5.2.3 Kwa Ndomo

There are 24 buildings to be affected at Kwa Ndomo. They comprise:

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Three storey building constructed of a reinforced concrete framework that is in-filled with coral stone walling that is internally plastered and painted and externally keyed. The floors to the entrance are of cement screed but access to inspect the rest of the building was denied. The building is used as a paying guest house. The total floor area is estimated at 3,375 square feet;

An ablution block comprising three washing rooms constructed of coral stone walls that are externally keyed and internally plastered and fitted with wall tiles;

30 feet long and 6.5 feet high frontage coral stone perimeter wall and an entrance gate;

One business premises constructed of dressed coral stone walls, cement screed floors under a concrete slab roof. Plinth area 1,008 square feet;

One business premises constructed of dressed coral stone walls, cement screed floors under a galvanised corrugated iron sheets roof. Plinth area 400 square feet;

Eight houses constructed of dressed coral stone walls, cement screed floors under a galvanised corrugated iron sheets roof. The respective areas of the three houses are 240 square feet, 250 square feet and 288 square feet;

Twelve (12)residential structures are constructed using wooden posts that are in-filled with stabilized earth for walls and earth floors under thatched roofs. The structures are all owner-occupied and their plinth areas ranging from 150 square feet to 400 square feet.

5.3 Recommendations

This report proposes that the PAPs in Kibokoni Maweni (Sir Ali) and Kwa Ndomo be paid

compensation for loss of all these assets at full replacement cost as per the World Bank’s

Policy 4.12 on involuntary resettlement1.

In addition it is proposed that the PAPs:

Be paid a disturbance allowance amounting to 15% of the value of the structure as per the rules to the Land Acquisition Act;

Upon payment of compensation PAPs should be given at least two (2) months to relocate from the project site; and

Be accorded an opportunity to salvage the remains from demolition of their structures.

1 It should be noted that contrary to this recommendation, Kenyan law considers such land occupants as encroachers who are culpable for prosecution and eviction at their cost.

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5.3.1 Loss of crops/live fence

The compensation for the trees should be paid at their replacement cost (the cost of

seedling, transport to site, planting labour, maintenance plus the opportunity cost of the

money/labour expended on the tree to the valuation date or the probable realizable price

of the tree’s market price, whichever is higher).

5.3.2 Impact on Vulnerable Members of the Community

The World Bank defines vulnerable groups ' ... as the poor, women, and indigenous peoples,

those less able to care for themselves (children, the elderly, and the disabled), and other

groups not protected by national land compensation law (those without land or use rights,

host communities; and community members remaining in the original area after

resettlement).2

The process by which women become household heads generally appeals for assistance

from the community, neighbours and close and distant relatives. Therefore, the social

capital that female headed households have accumulated at their current establishments

can be lost as a result of relocation thus rendering them susceptible to life shocks due to

loss of societal support structures.

One female headed household in Kibokoni has been identified as needing assistance to

move from its existing residential structure. The PAP is an unemployed mother of six who is

wholly dependent on well-wishers for her livelihood.

Additional assistance over and above compensation for affected properties should include

but be not limited to:

Psycho-social support provided by KISIP in conjunction with the Sub- County’s District Social Development Officers (DSDO). This can be through counselling and liaison with the existing welfare support programs under the DSDO's office; and

Transportation of owned assets and materials to be salvaged from the existing structure to new sites that can be made available by the County Government of Kilifi at the request of KISIP.

Additional support as may be requested by the vulnerable PAP.

2World Bank Involuntary Resettlement Sourcebook p. 71

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6Eligibility Criteria for Compensation

This chapter presents the criteria to be used to determine who gets

compensation and what is to be compensated.

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6.1 Classification of Displaced Persons

In line with 0 P 4.12, displaced persons may be classified in one of the following three groups:

(a) Those who have formal legal rights to land (including customary and traditional

rights recognized under the laws of the country);

(b) Those who do not have formal legal rights to land at the time the census begins but

have a claim to such land or assets, provided that such claims are recognized under

the laws of the country or become recognized through a process identified in the

resettlement plan; and

(c) Those who have no recognizable legal right or claim to the land they are occupying

All the PAPs fall under category (c).

6.2 Proposed Entitlement Matrix

In summary, the following entitlements and additional assistance are proposed:

Table 6-1: entitlements and additional assistance proposed

Type of loss Type of

PAP

Entitlement

Loss of Land Land

owner

Not applicable under the project because no private land is to be acquired for implementation of the projects. All the PAPs are encroachers.

Loss structure Structure

Owner

▪ Cash compensation at replacement cost calculated without depreciation. Replacement cost includes cost of materials, transport, and labor to construct a similar structure

▪ Owners will retain the right to salvage materials from the structure

▪ A lump sum of kshs. 5,000.00 as disturbance allowance ▪ Loss of income equivalent to 2 month’s rent incase the

affected structure is rented.

Loss shelter Tenant ▪ A one month notice to look for alternative accommodation.

▪ 2month’s rent to look for alternative accommodation during repairs of the affected parts of the structure with

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an option to resume tenancy at the completion of reconstruction/repairs.

▪ A onetime shifting allowance of ksh 5000 to cover for transport costs and labour costs during moving

▪ If the rented premises are used for business, a loss of livelihood equivalent to five days of loss of profit will be provided.

Structure

owner who

occupies

the

structure

▪ 2 month’s rent to look for alternative accommodation during repairs or reconstruction of the affected structure.

Loss of

Livelihood /

Income

Structure

owner

▪ Subsistence allowance equivalent 2month rent to

compensate for loss of income.

Business

owner /

trader

▪ Cash grant equivalent 5days daily income to compensate for the loss of business

▪ A lump sum allowance of Kshs. 5,000.00 to cover for transport and labor during movement.

Vulnerable

groups

▪ Additional livelihood support of Ksh 5000 for all vulnerable PAPs

▪ Additional assistance to be considered on case by case basis and may include business support (training and capital)

6.3 Conditions of eligibility for compensation

6.3.1 Cut-off date

The practical Cut-off Date for implementation of the RAP will be deemed to be the date at

which the census of affected people and affected assets commenced that is 23rdMarch 2015.

No structure established or crops planted in the Project-Affected Area after 23rdMarch 2015

shall be eligible for compensation.

6.3.2 Database

A database of affected households will be established for purposes of compensation

management. All relevant census and socio-economic information related to both affected

assets and affected households will be entered into this database.

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6.3.3 Public consultations and disclosure

In an effort to disseminate information to affected populations and stakeholders, information

should be translated into Swahili and broadcast through media that are accessible to literate

and non-literate individuals alike (radio, mobile phones, broadcasting, newspapers, leaflets,

door-to-door canvassing and public meetings (barazas)) in addition to community liaisons. A

summary of the RAP and an illustrated resettlement booklet providing details on eligibility rates

of compensation and other entitlements plus a timetable for implementation and the grievance

procedures should be prepared in Swahili as well as English for distribution to accessible points

within the project area. Special efforts should be made to reach vulnerable groups lacking

access to public media and information exchange.

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7Valuation Methodology

This chapter presents the valuation methodology used to determine compensation

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7.1 Assets Valuation Methods

The International Valuation Standards Council (IVSC), as well as most major valuation standard

setters in the world, refers to three approaches to valuation, namely, the Comparison

approach, the Investment approach (Discounted Cash Flow approach) and Depreciated

Replacement Cost approach.

The Kenyan land acquisition law does not prescribe the valuation techniques that must be used

in compulsory acquisition cases. The acquiring authority is free to choose any of the three

valuation approaches depending on the circumstance of the property being acquired. The

valuation technique used to measure market value should, however, be appropriate for the

circumstances, and should be supported by availability of sufficient data. This is summarized in

Table 7-1 below.

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Table 7-1: International Valuation Standards (IVS) guidance provided by the IVSC

Value Approach Application guidance provided by IVSC

Market approach Valuation

technique uses prices and other

relevant information generated

by market transactions involving

identical or comparable assets

• Under the market approach, the value is determined

based on comparable transactions. Although property

interests are not homogeneous, the IVSC considers the

market approach most commonly applied.

• In order to compare the subject of the valuation with

the price of other real property interests that have

been recently exchanged or that may be currently

available in the market, it is usual to adopt a suitable

unit of comparison.

• A unit of comparison is only useful when it is

consistently selected and applied to the subject

property and the comparable property interests in

each analysis.

Income approach Valuation

techniques converts expected

future net cash flows to a single

current (discounted) amount

Various valuation methods can be captured under this

valuation technique. They all have in common that the

valuation is based on estimated future income and profits or

cash flows.

Most commonly recognized are the:

Income capitalization method, also known as the yield method

under which a constant income stream is capitalized; and,

the discounted cash flow method.

“The yield method” is quick and simple but cannot be reliably

used where the income is expected to change in future periods

to an extent greater than that generally expected in the market

or where a more sophisticated analysis of risk is required. In

such cases, various forms of discounted cash flow models can

be used.

Cost approach Valuation

technique that

reflects the amount that

would be required currently to

replace the service capacity of an

asset (often referred to as

current replacement cost)

IVSC considers that this method should be applied by

exception only:

“It is normally used when there is either no evidence of

transaction prices for similar property or no identifiable actual

or notional income stream that would accrue to the owner of

the relevant interest. It is principally used for the valuation of

specialized property, which is property that is rarely if ever sold

in the market, except by way of sale of the business or entity of

which it is part.”

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7.2 The World Bank and Choice of the Value Approach

The Replacement cost (RC) approach is the basis of value preferred by the World Bank’s OP

4.12 Policy guidelines on involuntary resettlement.

Definition of Replacement Cost

Replacement cost is the estimated cost to construct, at current prices, a

building with utility equivalent to the building being valued. The concept of

replacement assumes the use of modern materials and current standards,

design, layout, and quality of workmanship.

The concept of replacement embodies all the subject property’s attractions and deficiencies

that in valuation of assets are accounted for by the process of depreciation. The World

Bank’s OP 4.12 Policy guidelines on involuntary resettlement, however, disallow

depreciation of assets for compensation purposes. This simply translates to assessing

“replacement cost” as if the structure being valued is new and has been constructed using

modern materials and current standards, design, layout, and quality of workmanship.

Similar floor area of premises can easily be understood to offer similar utility but what are

modern materials, design and layout can be contentious. This report has assumed that

“replacement cost” refers to the cost of buying or creating an alternative new asset that

provides the same utility as provided by the subject property.

7.3 Methodology for Establishing Replacement Cost

Building costs can be estimated in several ways, including:

1. The square-foot method (aka comparison method) takes the cost per square foot

of a recently developed comparable property and multiplies it by the square footage,

using the external dimensions of the structures of the subject property.

2. The unit-in-place method estimates the cost of the subject property by summing

the costs of the individual components of the structures, such as materials, labour,

overhead, and profit.

3. The quantity-survey method estimates the separate costs of construction

materials (wood, plaster, etc.), labour, and other factors and adds them together. This

method is the most accurate and the most expensive method.

4. There is also an index method that uses the actual construction cost of the

subject property, then multiplies it by how much the cost of materials and labour have

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increased since the structure was built. This method is deemed the least accurate and is

generally used as a check on the 3 main methods of reproduction or replacement cost.

For this report the Valuer has adopted what it would cost to build a new structure (costs of

preparing the site, purchase and delivery of materials, and labour without allowing for

depreciation) as the replacement cost. Dividing the total cost by the plinth area of the

structure in square feet gives the rate per square foot used in the report. Contract average

prices all-in rates of construction in the major towns are available in the Quantity Surveyors

Journal published in Kenya.

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8Grievance Management and Redress

This chapter presents the mechanism to be used to deal with any grievances and complaints that may arise among the affected people.

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8.1 Introduction

During the RAP process, it is inevitable that complaints will arise among the affected people over contentious issues and dissatisfactions. Therefore, timely and affordable redress is important in order to ensure satisfactory resettlement and completion of the project as scheduled. Procedures that allow people to lodge complaints or claims have been considered and they include usage of customary law, and the locally established processes for timely and satisfactory settlement of claims or complaints.

Special arrangements should be made for women and other vulnerable groups to ensure that they have equal access to redress procedures. These include deployment/ representation of women or other vulnerable groups in RAP committees to facilitate the redress process or ensure that groups that are representing interests of women and other vulnerable groups take part in the process.

8.2 Expected Grievances

Considering the nature of resettlement and as informed by the findings of the field studies, the type of grievances that may arise include:

Two PAPs from the same family (nuclear and extended). During the FGDs under this RAP study, the youth noted that there are some families where issues of succession have not been clearly resolved. Such situations among the PAPs may result in family feuds over who should receive compensation on behalf of the affected family;

Two PAPs from different families;

PAPs and the RAP implementers;

PAPs and the Resettlement Action Plan Implementation Committee(RAPIC) with regard to interests in land ownership and compensation;

These kinds of disputes are best resolved at the local level to avoid time delays that may

arise if people move to court. It would also help to manage the risk of loss of social capital

due to bad relationships among family members and neighbours.

8.3 Formation of the grievance redress committee

To deal with such emerging issues, a Grievance Redress Committee (GRC) will be

constituted with a membership inclusive of:

The Chief of the area;

Representative of women;

Chairman of SEC; and

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Area Member of the County Assembly (MCA);

Since the GRC is constituted of people outside the Office of the Resident Engineer (RE),

the RE can be a co-opted member and also a Contractor’s representative for

expeditious resolution of the complaints regarding the project. During the project

implementation phase the GRC shall address the issues in the following manner: -

a) A PAP registers a grievance with the Chairman of SEC and, within two working days, the committee members are alerted of the case by the Chief;

b) The affected person is immediately informed by the Chief of the next date of the scheduled hearing. Depending on the case load, a maximum of 7 working days should be given between the date that a case is recorded with the SEC Chairman and the date when the hearing is held;

c) The committee will communicate its judgement to the affected persons within 7 working days;

d) If no resolution is made by the GRC or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within 7 working days from the hearing.

The GRC shall try as much as possible to arrive at a compromise on complaints raised. This may be obtained through a series of mediation and negotiation/arbitration exercises conducted with the individual PAP.

Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing a solution and, as expected the GRC may not have the capacity to meet all these requirements and would, therefore, require some form of support.

A County level ad hoc Committee constituted of the following members is therefore proposed:

Respected Opinion Leader in the Community such as a religious leader or a community elder;

A specifically delegated representative from KISIP;

A representative of the County Government e.g. the Chief Officer for Lands, Housing and Urban Development’

Deputy County Commissioner (DCC).

This committee will be chaired by the Opinion leader but the proposed secretary is the Resident Engineer. The committee may also invite specialists from the line ministries to

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provide expert advice as the need arises. These may include officers from the MLHUD such as the County Valuer, County Surveyor and the District Land Registrar.

The committee will sit once a month at the County Government Office. The following procedure is proposed:

A grievance is forwarded from the GRC and logged at the Resident Engineer who, within five working days, send a notice to all the interested parties informing them of the date of the hearing;

A hearing will then be held within fourteen days of the grievance being raised;

After the hearing by the Committee will deliver its verdict, the complainant will be informed of the Committee’s decision and made aware of her/his right to appeal against the Committee’s decision.

To improve the effectiveness of the grievance mechanism, complaint boxes will be

introduced at the Office of the Resident engineer and the Area Chief. These boxes should be

checked at least weekly to ensure that grievances are detected and handled quickly. Local

NGOs should also be identified and involved in the process.

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8.4 Grievance Resolution Mechanism

Figure 8-1: Grievance Resolution Mechanism

Grievance

resolved

A PAP declares a grievance and

forwards to SEC Chairman

GRC determines the issue and

communicates decision within 7

days

No further action

Ad hoc Committee at County

level

Unresolved grievances

referred to the Environment

and Land Court

Grievance

resolved

No further Action

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9Monitoring and Evaluation

This chapter provides a Monitoring and Evaluation (M&E)

system through which information regarding resettlement

activities of PAPs will be analyzed by the implementing agency

or other tasked independent monitors to ensure objectivity and

success of the whole RAP process.

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9.1 Introduction

RAP monitoring helps to evaluate the success of resettlement through the study of

specific performance indicators for a reasonable period of time after the resettlement

activities have been completed. The process is also important in measuring project inputs,

outputs and outcomes of resettlement activities and for evaluating resultant resettlement

impacts.

9.2 Internal Monitoring

KISIP has the overall responsibility of conducting regular internal monitoring of the

progress of project implementation. The monitoring should be a systematic evaluation of

the implementation stage in relation to the recommendations of this report.

In undertaking the same, KISIP will be the main driver of RAP implementation. As such, it

will be KISIP’s responsibility to undertake regular internal monitoring of the process.

The objectives of internal monitoring and evaluation will be:

• To ensure that the compensation process is implemented with utmost transparency;

and

• To verify that funds for implementation of the RAP are provided in a timely manner

and in amounts sufficient for their purposes.

The Internal monitoring process should entail the following regarding the process:

• Accomplishment to-date;

• Objectives attained and not attained during the period;

• Problems encountered; and

• Suggested options for corrective actions.

9.3 External Evaluation

To ascertain quality and objectivity in the process, we also recommend that KISIP engage

an external expert to conduct a comprehensive evaluation of the implementation of

compensation activities and milestones on a regular basis.

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The objective of the evaluation will be to:

• Review the results of the internal monitoring and review overall compliance with the

study recommendations;

• Assess whether compensation process objectives have been met, especially with

regard to signing of agreements and management of grievances;

• Evaluate post-compensation assistance to PAPs;

• Assess general efficiency of the process and formulate lessons for future guidance;

and

• Determine overall adequacy of entitlements.

9.4 Monitoring and Evaluation Indicators

The monitoring and evaluation Indicators of the RAP will be setagainst the indicators

presented in the Table 9-1.

Table 9-1: Monitoring and Evaluation Indicators

Process Indicator Project Input;

Public participation; and

Monitoring

• Setting up of RAP Implementation Committee;

• Start and progress disclosure and consultative events

• Formation of Grievance Resolution Committee;

• Monitoring reports.

Output Indicators Delivery of entitlements;

Relocation and rehabilitation

• Number of PAPs’ assets affected;

• Number of PAPs compensated and assisted;

• Amount of compensation disbursed.

Impact Indicators Long term impacts • Changes in housing;

• Changes in availability and cost of water

• Changes in land values and plot ownership

• Changes in the quality of life of the residents and the vulnerable groups

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9.5 Methods of Data Collection

The M&E approach would be to select and identify a set of appropriate monitoring

aspects and indicators and gathering information on them to assess the changes and the

variations arising from implementation of the project.

Participation of the stakeholders, especially the PAPs, women and vulnerable groups will

be ensured in the M&E process. Monitoring and Evaluation would require both

quantitative and qualitative data and information collected as follows:

Sample Household Survey: this is a baseline household survey of representative sample disaggregated by gender and vulnerability to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability;

Focused Group Discussions (FGD): Consult with a range of stakeholders (County Government, NGOs, Community leaders and PAPs including women and vulnerable groups);

Key Informant Interviews: Consult individuals such as local leaders, or persons with special knowledge or experience about relocation activities and implementation;

Community Public Meetings: Open Public meetings at project sites to elicit information about performance of various project activities;

Structured Direct Observations: Field observations on status of RAP report implementation, plus individual or group interviews for cross-checking purposes; and

Informal Survey and Interviews: Informal surveys of PAPs, project staff and implementing agency personnel using non-sampled methods.

From the monitoring and evaluation process, the experts will prepare status reports to be

forwarded for action to the KISIP personnel implementing the project.

9.6 Reporting

The quarterly evaluation report shall be compiled by the internal evaluation team. This

report shall then be availed to the RAPIC coordinator and PAP representative. The same

procedure shall be adopted by the external evaluation team.

For this RAP the monitoring and evaluation reporting schedule will be as follows:

The end of monitoring and evaluation will be marked by completion of RAP implementation;

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Monthly reports on:

✓ Assessment on the use of resources and the production of outputs, and to

identify key issues requiring more intensive study;

✓ Cross section studies to provide continuous feedback on implementation and

to identify potential problems;

✓ Combined progress report to include all the above and to be circulated

internally.

Periodic reports to be prepared whenever management requires help in the

evaluation of problems, or require information to help in making an important

decision;

The end of monitoring and evaluation will be marked by completion of RAP

implementation.

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10Implementation Schedule and Cost

This chapter presents an outline of the proposed RAP implementation schedule which defines the duration and timing of the key milestones and tasks.

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10.1 Implementation schedule

The implementation schedule for this RAP covers the periods from the preparation of the

RAP to the conclusion of the envisaged infrastructure in the settlement. The procedure in

the schedule, starting from the sensitization of the PAPs on the project impacts, to

compensation and resettlement, will be rolled out progressively as the project continues.

The major tasks for the RAP implementation include:

Preparation of RAP;

Consultation and Disclosure of RAP;

Audit of the PAP register and compensation package due to each PAP;

Signing of agreements on compensation packages by PAPs;

Notification of PAPs to relocate;

Commencement of project operations;

Resolving emerging grievances;

Compensation and/or supplementary assistance; and

Monitoring and evaluation.

RESETTLEMENT ACTION PLAN REPORT | Kenya Informal Settlement Improvement Project in Cluster 1: Malindi, Mombasa and Kitui Counties

CPCS Ref: 12359

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Table 10-1- Implementation Schedule

Activity Months after approval of RAP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Disclosure of the RAP Report x

Audit of the RAP report to verify PAP

and compensation details

x x

Payment of compensation and

relocation assistance

x

Issuance of notices for relocation x x

Relocation x x x

Commencement of works x

Resolution of conflicts and Grievances x x x x x x x x x x x X X X X X x

Monitoring of the resettlement

activities

X X X X X X X X X X X X X X X X x


CPCS Ref: 12359

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10.2 Direct Costs for RAP Implementation

The RAP Budget is estimated at twenty one million, four hundred and ninety thousand, six hundred and ninety four (Kshs 21,990,694).

A breakdown of this estimate is presented in the table below:

Table 10-2: Estimated Direct Costs for RAP Implementation

THE COST ITEM

VALUED COST IN KSHS

Compensation for loss of structures, crops and trees

Inclusive of 15 percent

16,877,560

Payment to vulnerable PAPs 200,000

Sub-total 16,877,560

Provisional cost for M &E

600,000

Provision for psychosocial support programs for PAPs during implementation (at 10% of the compensation costs)

210,000

RAPIC and grievance committee meeting costs (rooms, transport, refreshments, stationery etc);

600,000

Capacity Building Programs for RAPIC, M&E and Grievance Committee members

400,000

Estimated cost of RAP disclosure and communication with the community 300,000

Sub-total 2,310,000

Total 18,687,560


CPCS Ref: 12359

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Contingency 15% of total budget

2,803,134

TOTAL 21,990,694

Administrative Costs for RAP Implementation

Annual budgetary arrangements should be made for the running of the various arms of the implementation committee.

Budgetary arrangements should include the following:

Staff packages in the event of hiring of additional resettlement staff (e.g. salaries and benefits);

Office capital investment costs and running expenses;

Logistical costs for travel to meetings and field visits from KISIP Headquarters in Nairobi to Malindi. These costs include,

✓ Fuel and out of office allowances for KISIP staff;

✓ Resettlement preparation costs;

✓ Financial auditing costs; and

✓ Internal monitoring and evaluation costs (provision for external monitoring and evaluation already given in the above RAP Budget).


CPCS Ref: 12359

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Annexes

Annex 1: Survey Tool

Annex 2: RAP Team

Annex 3: Minutes and Attendance


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Annex 1: Survey Tool Questionnaire #:………………………. Date of

interview: ----/-----/-----

Name of settlement: ---------------------------------------------- Town: ---------------------------------

Coordinates:

A: RESPONDENT’S INFORMATION (This must be the head of household) Name of respondent

Age of the respondent (Years) Between 18-35 Between 35-55 Above 55

Name of the household head

Gender of the head of household Male Female

Telephone number of the household head:

Household size:

Male Female

What is the land tenure? Title Allotment letter

B:SOCIO-ECONOMIC DATA

1. What are the main sources of livelihood for the household head (two or more answers can be ticked, if applicable) Business Farming Formal Employment Casual labour Unemployed

What is the total monthly income, from all sources, of the household head Less than 1000 1001-5000 5001-10000 Above 10001

2. What is the average price of an eighth acre of land in the settlement


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C. OPINION ON IMPACTS AND PREFERRED MODE OF COMPENSATION

1. On a scale of 1-5 (one being the least and 5 being the most) how would you rate the importance of the road infrastructure in your settlement

1 2 3 4 5

2. On a scale of 1-5 (one being the least and 5 being the most) how would you rate the importance of the security lighting infrastructure in your settlement

1 2 3 4 5

3. Would you still support the above infrastructure even if it affects your land or structure or your business

Yes No

4. In case the infrastructure affects your land, what type of compensation would you prefer

Monetary compensation Alternative land No compensation

5. In case the infrastructure affects your structure, what type of compensation would you prefer

Monetary compensation Alternative structure No compensation

6. In case the infrastructure affects your livelihood source, what type of compensation would you prefer

Monetary compensation Alternative source of livelihood No compensation

7. If you’re asked to move, how quickly can you do so? Immediately I’m compensated Within one month After more than one month

TYPE OF IMPACT

Questions Response

Crops

Type

Number

Structures (Tick the main materials for walls, roofs, and

1

Business structure Walls

Mud Timber Stone Metal sheets

Roof

Makuti Metal sheet Other (Specify)……..


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floors of the structures to be impacted)

Floor Earth Cement

Income generated per month

2 Residential house

Walls


Rental

For a household

Roof


Floor Earth Cement

If rental Number of households who have rented

Number of rooms

Total rental Income generated per month

3 Toilet Walls


Roof


Floor Earthb Cement

4 Bathroom Walls

Mud Timber Stone Asbestos

Roof

Makuti Iron sheet Other (Specify)……..

Floor Tiles Without tiles

If you are a business owner, describe what you think will be the major impacts on your livelihood e.g. loss of customers: (Enumerator to record the main impacts in not more than 60 words)


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Annex 2: RAP Team

Team Roles and responsibility

Social scientist Led the RAP team in identification of the PAPs and data

collection during the social economic survey, census and

inventory process

Valuer Determined the costs of different impacts

Environmentalists Defined the environmental impacts of different

infrastructure developments

Settlement Executive

Committee

Mobilised the PAPs and acted as good ambassadors of the

proposed developments


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Annex 3: Minutes and List of Attendance Minutes of the Meeting held at Chief Office, Kwa Ndomo –Malindi Town on 18th April 2015

Attendants were PAPs from Kwa Ndomo and Kibokoni

Agenda of the meeting

i. Sensitization of the PAPs of the project and its impacts

ii. Introduction of the outline of the RAP process

iii. Question and answers

Minute Deliberation Conclusion

Sensitization of the PAPs

of the project and its

impacts

• This process had been done earlier during the design process and the social economic survey.

• The PAPs are aware of the impacts but since they are the ones who prioritized the projects, they are ready to pay the price as long as they are compensated.

• Kwa Ndomo PAPs were concerned with the PDP saying it had infringed on their property as it found them already established.

• All impacts will be enumerated and put into consideration

• The construction of the road infrastructure in Kwa Ndomo should be confined to available space without affecting peoples structure unless where unavoidable

Introduction of the outline • All affected persons should be involved • Full compensation


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of the RAP in the process of development of the RAP

• Though the project is welcome in the area, everybody must be compensated fully before the start of any development

will be made to all the Project Affected Persons (PAPs)

Question and answers Q: When do we expect the works to start

A: will be communicated to you by KISIP

Q: Will we be compensated before the

commencement of the construction

A: Compensation will be done before the contractor

gets to the ground


CPCS Ref: 12359

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List of Participants at the County Government Briefing Meeting-18th April 2015


CPCS Ref: 12359

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Minutes of the Meeting held at Chief Office, in Sir Ali –Malindi on 18th April 2015

Attendants were PAPs and SEC members from Sir Ali

Agenda of the meeting

iv. Sensitization of the PAPs of the project and its impacts

v. Introduction of the outline of the RAP process

vi. Question and answers

Minute Deliberation Conclusion

Sensitization of the PAPs

of the project and its

impacts

• This process had been done earlier during the design process and the social economic survey.

• The PAPs are aware of the impacts but since they are the ones who prioritized the projects, they are ready to pay the price as long as they are compensated.

• There are people who have encroached on road reserve and this may hinder the development of these roads

• All impacts will be enumerated and put into consideration

• The SEC committed to talk to people who have encroached to remove their structures

Introduction of the outline

of the RAP • All affected persons should be involved in the

process of development of the RAP

• Though the project is welcome in the area, everybody must be compensated fully before the start of any development

• Full compensation will be made to all the Project Affected Persons (PAPs)

Question and answers Q: How can the SEC be involved in the construction,

can they bid as well

A: When the call for Bids is out, they can float their

bids like any other tenderer