THE KENYA POWER AND LIGHTING CO. LTD

• WAYLEAVES FOR TRAINEE DESIGN ENGINEERS.

To introduce Design Engineers to the different aspects of wayleaves as it relates to design Power lines.

Wayleaves secton Headed by the Principal Wayleaves

Officer He is in charge of the wayleaves

matters in KPLC. There are wayleaves officers in

various regional offices There are also field wayleaves staff

and clerks

DEFINITION

A wayleaves is an easement or right-of way (ROW) granted by one person to another to facilitate access or passage of a utility. A ROW could be for the purpose of laying;

a foot path/road, water mains sewers lines, an oil pipeline, electric power lines.

OBTAINING WAYLEAVES KPLC's Wayleaves section is charged with the onus of seeking

wayleaves -ROWs (Rights of way) for the company. Consents are sought from private landowners where our proposals affect

the their properties in one way or another. Public approvals are sought from public institutions Where the power

line is designed to traverse land under their jurisdiction or where the power line might affect their day to day operation e g ;.

Telkom (k) Ltd. Kenya Pipeline . Kenya Airports Authority Local authorities eg NCC commissioner of Lands Kenya Railways,,.

Wayleaves activities

Acquisition of Maps/plans Acquisition of wayleaves consents and

approvals. Wayleaves records Property damage and compensation Land loss compensation Infringements Tree Cutting - Trace clearance

other items Wayleaves traces Wayleaves rights . Legislations

Acquisition of Maps.

Design Engineer proposes route on a topo map.

Wayleaves Office uses the topo to acquire cadastral plans, road Maps, Survey plans etc.

The plans assist the Surveyor and the Design Engineer to map the line with minimum destruction to property and disturbance/nuisance to its neighbours.

Acqusition of Wayleaves consents and approvals

Marked maps showing the route of the powerline passed to wayleaves.

sections to seek consents and approvals.

( a) Consents Agreements are drawn on specific forms. List of affected land owners is made Searches (or title inspections) carried out at the

relevant land office Where the particular land is registered.

Cont…. Field Wayleaves officer seek out the land

owners.

Public approvals Public approvals are sought where public land

is affected or other service providers might be affected by our operations I.e laying of the powerline

Two sets of drawings are coloured showing proposed route.

A letter is drawn seeking a ``no objection`` and approval for the proposal

CONT….

letters and drawings are delivered to the authority concerned.

Drawings are stamped and signed “approved” with covering letter.

When an objection is raised and a suggestion made, the line is re-designed to adhere to their proposal.

Wayleaves Rights

The grantor (landowner) as a beneficial owner of the servient land grants to the grantee successors in Title the rights to:-

Lay Construct Use Inspect Maintain Repair Replace

Remove Transportation and storage of

material connected with the exercise and performance of functions of the service provided over the trace at any time of the day or night, with or without vehicles, machinery etc. This also goes for his officers, consultants, contractors and other agents.

cont..

Wayleaves Trace - power line corridor

A wayleaves trace is the power line corridor from the centre of the power line to some defined distance on both sides of the line depending on the voltage of the power line. A wayleaves trace is set aside to reduce the risk to human life in case the lines were to collapse or grant ready access to the power lines to disconnect the supply in cases of emergencies such as fire or normal maintenance

11/33 KV single circuit - 10m

66KV single circuit - 10m

132KV single circuit - 30m

220 KV d/ circuit on single structure - 40m

66KV double circuit on single tower - 20m

132 KV d/ circuit on single tower - 40m

220 KV d/ circuit on single tower - 40m

66 KV two circuits running in parallel - 30m

220 KV two circuit running in parallel - 60m

132 KV two circuit running in parallel - 60m

Various Wayleaves Traces

Legislations

Wayleaves Act (cap 292).

The act deals with wayleaves acquisition for sewers, drains, pipelines and Oil Pipelines. Wayleaves for power is outside the scope of this legislation.

Electric Power act 1997

The Act provides that whenever Public Electricity utility intends to lay a supply line on the land of another, he should obtain consent from the landowner before the line is laid/erected.

The Act also provide for issues of compensation for properties damaged in the course of laying the lines.

Other Legislations

Electric Power Act 1997 EMCA Act 1990 Kenya Wildlife (mgt & conservation) Act which affects business

folding under the National Park. Agriculture Act on Soil Erosion. Public Health Act. Forests Act - control of in cutting of trees. Local Government’s act. Physical Planning act. 1996

Records

Once approvals and consents are received back in the office they are numbered and filed

approved plans are numbered, indexed and filed together with the covering letters.

Property Damage Assessment and Costing

During the Surveying and construction of powerlines, damages to property in inevitable.

Wayleaves officers are informed when such damages are occasioned by the contractors/surveyors/construction Engineers who also witness the recording.

Wayleaves field officers record the damages in the property Damage Report Books which are serialised.

CONT.. Vegetations above 4metres and the trace

should be cleared. House and huts should also be cleared or avoided at the design stage.

The property owner acknowledges that the damages are correctly recorded by signing the PDR.

When cleared, the books are forwarded to the office where they are costed.

The rates for compensation are already in place.

CONT... Once costed by the clerks, the

wayleaves officer confirms the accuracy.

The costed forms and property damage report forms are then attached together with a summary which are circulated for approval.

Compensation Property compensation payments are done at the nearest

Chiefs Office.

Each individual is informed at least 7 days before pay day.

Dues are received and witnessed by the Provincial Administration.

Wayleaves officers endorses and a representative of the company.

cont.. A paying officer from the Financial

Department handles the cash.

The property owner is given a copy of the payment voucher showing how the calculations were arrived at.

The wayleaves officer and the paying officer each also keeps a copy.

-

Land Loss Compensation undertaken where transmission lines are

concerned The trace is compensated for as it:

Takes quite a sizable chunk of land. It is of no immediate benefit to the

landowner unlike distribution lines.

- CONT.. The lines reduce the value of land. No easy to manourve in rout selection. EIA reports are carried out to conform with the

EMCA Act. Negotiations are dividual based based - No land

owner is affected similar to another.. Compensation paid will depend on:--

Land value (best Market Value) Land user - eg. agricultural vs resident Population density.

-CONT How land is affected in relation to

powerline. Total acreage of individual parcel. Inconvenience caused

among other factors.

After compensation, an easement is registered for the powerline Trace.

Wayleaves Trace Infringements

It is the encroachment on power line corridor.

It covers a specific width depending on the voltage of the line.

These are situation where structures, trees,dumping of soils infringe into power lines Trace.

cont... Power lines infringements are covered by the

Electric Power Act, 1997 55, Sub-Section 3 and the Electric Power (Overhead Lines) Rules, Section 24 (Revised 1986).

Those found liable of wayleaves infringements are not only endangering their lives but may also face prosecution for trespass, invasion, intrusion or encroachment into the wayleaves trace.

Infringements are noted and reported by:

cont... Maintenance teams Wayleaves staff while on routine duties. Members of the Public.

Wayleaves infringements compromise the efficiency of the power facility by:- Interrupting supply e.g when tree branches come

into contact with conductors. In case ofemergency, they also hinder access Tower foundations give in and power pylons falls.

cont... Once reports are received, warning notice

are issued to infringing parties of the dangers involved and its effects.

If those warned persist, the matter is passed to the local authority and the provincial administrations.

If no action is handed over to our legal Department for action.

Tree cutting Where powerline exist, trees

obstructing or interfering with powerlines have to be lopped on the wayleaves traces. Signed consent by landowner is necessary where trees are cut outside the wayleaves trace and landowner is entitled to claim compensation (once).

cont... In law, a 21 day notice should be

given to the property owner whose trees are to be lopped from the wayleaves trace. In the absent of owner/tenant, a notice be served to the last known address before the company undertakes to fell or chop the trees.

wayleaves overlooked - Real incidences.

Kang’onde - Kitui Road - Wayleaves approval not sought. - Required to remove and reposition

the line. Usenge Market - Bondo

- Market plans not requested for. - Line built over small plots .

cont.. line had to be repositioned to plot boundaries and

road reserve.

Kawaida 11KV interconnector from Cianda Substation to Kibubuti. Wayleaves never requested. Surveyors assumed one coffee plantation. Eventually found to be 1/8 and 1/4 of acre allocated to

individuals when the line was already up

Lesson A design Engineer is the cornerstone for

appealing and well proper laid power lines. Building a power line without wayleaves is

tantamount to building an illegal line. The are bound to be challenged for removal one

time or another. Design Engineer should use proper maps and

plans. Confirm wayleaves consents and approvals are

acquired before a job is released to construction.

cont..Ensure you have requested for latest

maps/plans before embarking on. Make sure you design have reached

wayleaves for acquisitions.Strip plans - plans which do not show

land demarcations are of no value for wayleaves acquisition.

where you see a questionable power line - blame the design.

cont.....

In cases where plans are not available in the survey offices, wayleaves office to be requested to trace the same from adjudication offices to facilitate design

Ensure wayleaves consents and approvals are sought before line is released to construction. It is your baby.

Involve wayleaves staff as much as possible in your designs eg in route selection

THAT`S ALL FOLKS