RESSETLEMENT ACTION PLAN
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DRAFT RESSETLEMENT ACTION PLAN FOR THE PROPOSED 132KV ELDORET-KITALE TRANSMISSION LINE PROJECT
OCTOBER 2009
Submitted By: Submitted To:
Otieno Odongo& Partners Consulting Engineers The Company Secretary
P.o Box 54021-00200 Kenya Power & Lighting Co. Ltd
Nairobi P.o Box 30099-00100
Tel : 020-38700222 Fax : 020-3870103 Nairobi, Kenya
Fax : 020-3870103 Tel : 0203201000
Email: [email protected]
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RESSETLEMENT ACTION PLAN
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Acronyms WB World Bank
BP Best Practices DFI Development Finance institutions
EAP Environmental Action Programmes EIA Environmental Impact Assessment
ESIA Environmental and Social Impact Assessment
EIB European Investment Bank
GRRM Grievance Referral and Redress Mechanism
HV High Voltage
KPLC Kenya Power and Lighting Company Limited
LPAP Land Purchase Assistance Programme
O&M Operations and Maintenance
PAPs Project Affected Persons
PAH Project Affected Households
PCDP Public Consultation and Disclosure Plan
PIM Project Information Memorandum
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
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Definitions of Key Terms Project Affected Person (PAP)-means the same as displaced person within the meaning of
IFC’s Performance Standard 5 on land acquisition and involuntary resettlement, and means any person experiencing loss of asset, access to income whether of a temporary or permanent
nature due to the land acquisition process regardless of whether they are physically displaced or relocated or not.
Project Affected Household means the family or collection of PAPs that will experience
effects from land acquisition regardless of whether they are physically displaced or relocated
or not.
Compensation means payment in cash or kind for an asset to be acquired or affected by a
project at replacement cost.
Cut-off-date means the date after which PAPs will NOT be considered eligible for
compensation, i.e. they are not included in the list of PAPs as defined by the socio-economic
survey.
Displaced Persons means all the people affected by a project through land acquisition,
relocation, or loss of incomes and includes any person, household, firms, or public or private
institutions who as a result of a project would have their;
(i) Standard of living adversely affected;
(ii) Right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed
assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or
(iii) Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement.
Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the
project.
Entitlement means the range of measures comprising cash or kind compensation, relocation
cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation
which are due to /business restoration which are due to PAPs, depending on the type and
degree nature of their losses, to restore their social and economic base.
Full Cost of Resettlement Compensation based on the present value of replacement of the
lost asset, resource or income without taking into account depreciation.
Income Restoration means the measures required to ensure that PAPs have the
resources to at least restore, if not improve, their livelihoods.
Indigenous peoples mean the people indigenous to an area and include ethnic minorities as
defined by IFC’s Performance Standard 7 on indigenous peoples.
Involuntary Resettlement refers both to physical displacement (relocation or loss of shelter)
and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition. Resettlement is
considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement.
This occurs in cases of: (i) lawful expropriation or restrictions on land use based on eminent domain: and (ii) negotiated settlements in which the buyer can resort to expropriation or
impose legal restrictions on land use if negotiations with the seller fail. In the event of adverse economic, social, or environmental impacts from project activities other than land
acquisition (e.g., loss of access to assets or resources or restrictions on land use), such
impacts will be avoided, minimized, mitigated or compensated for through the social and
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environmental assessment process of IFC’s Performance Standard 1 on social &
environmental assessment and management system. Land acquisition means the process whereby a person or household is involuntarily
alienated from all or part of the land s/he owns or possesses, to the ownership and possession of a project for public purposes, in return for fair compensation.
A Local Authority is either a County Council or Municipal Council whose activities are established and controlled by Local Government Legislation.
Market Value means the process of determining market value has sought to establish
appropriate compensation figures so that the affected population is able to restore their
standards of living to levels “at least as good as or better than” than they were prior to the
project. Where the Government rates do not provide for this standard of value, KPLC, with
the technical support of the independent evaluator will calculate and adjust the compensation
figures according to these principles.
Relocation means the physical moving of PAPs from their pre-project place or residence,
place for work or business premises
Resettlement Action Plan means the time-bound action plan with budget setting out
resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and
evaluation.
Resettlement Impacts The direct physical and socio-economic impacts of resettlement
activities in the project and host areas. Resettlement Policy Framework A resettlement policy framework is required for projects
with subprojects or multiple components that cannot be identified before project approval. This instrument may also be appropriate where there are valid reasons for delaying the
implementation of the resettlement, provided that the implementing party provides an appropriate and concrete commitment for its future implementation. The policy framework
should be consistent with the principles and objectives of Performance Standard 5 Socio-economic survey means the census of PAHs/ PAPs of potentially affected people,
which is prepared through a detailed survey based on actual data collected.
“Trust Land” refers to that land that is still held under African customary tenure.
Vulnerable means any people who might suffer disproportionately or face the risk of being
marginalized from the effects of resettlement i.e.; (i) female-headed households with
dependents; (ii) disabled household heads; (iii) poor households; (iv) landless elderly
households with no means of support; (v) households without security of tenure; and (vi)
ethnic minorities.
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EXECUTIVE SUMMARY
In a bid to increase the supply of electricity in both rural and urban parts of the country, the Kenya Power & Lighting has proposed to develop two new 132KV power transmission lines
namely the Mumias-Rangala-Kisumu and the Eldoret-Kitale lines. The need of developing the lines is apparent due to the acute power shortages being experienced currently in the
country. Studies have shown that less than 20% of the total Kenyan population and
approximately less than 5% of the rural population have access to power supply. The aim of
the Government is to accelerate access to power supply by a rate of 20% for the rural
population by 2010 and by 40% in 2020. To achieve its goal the Government has prepared
the Energy Scale Up Program covering the period 2008 to 2017. These proposed lines have
tried to avoid populated areas as much as possible by passing through agricultural areas
though, in some unavoidable cases it has passed through trading centres, schools among other
economic and social viable .
Socio-Economic surveys were conducted along the proposed power transmission lines and it
is apparent that the proposed route will lead to either the physical displacement of people,
loss of their shelter, loss of assets, loss of income sources or means of livelihood, or
restriction of access to economic resources and family members. Therefore, World Bank’s
Operational Policy 4.12 on involuntary settlement is triggered. The policy calls for the preparation of a Resettlement Action Plans on which this report is based.
This RAP provides a detailed methodology through which the proponent (KPLC) will consult with the PAP’s, develop appropriate and sustainable mitigation plans for all involuntary
resettlement programmes associated with the project. A major objective of this RAP is to ensure that affected individuals and households, and
affected and/or displaced communities are meaningfully consulted, have participated in the planning process, are adequately compensated to the extent that at least their pre-
displacement incomes have been restored and that the process has been a fair and transparent
one.
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TABLE OF CONTENTS
1 INTRODUCTION AND BACKGROUND1-10
1.1 INTRODUCTION 1-10
1.2 OBJECTIVE OF THE PROJECT 1-10
1.3 GUIDING PRINCIPLES 1-10
1.4 APPROACH AND METHODOLOGY 1-12
2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK 2-15
2.1 LAND RELATED LEGAL ISSUES 2-15
2.1.1 Customary Land Tenure: 2-15
2.1.2 Public Tenure: 2-15
2.1.3 Statutory Tenures 2-15
2.1.4 Other Interests include: 2-16
2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL
PLANNING ACT (CAP 286) 2-16
2.3 WAY LEAVES ACT (CAP. 292) 2-16
2.4 THE LAND ACQUISITION ACT (CAP. 295) 2-16
2.5 REGISTRATION OF TITLES ACT CHAPTER 281 2-17
2.6 THE TRUST LAND ACT, CHAPTER 288 2-17
2.7 VALUATION AND RELATED LEGAL ISSUES 2-17
2.8 VALUATION PROCESS RELEVANT TO RAP 2-17
2.9 CUT-OFF DATE 2-18
2.10 COMPENSATION OF THE PAPS 2-19
2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES 2-19
2.12 GRIEVANCES ADDRESS MECHANISMS 2-19
2.13 WORLD BANK POLICY 4.12 2-20
2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA 2-21
2.14.1 Procedures of Private Land Acquisition under 2-21
2.14.2 Procedures of TrustLand Acquisition 2-21
2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON
RESETTLEMENT 2-22
3 LAND VALUATION AND COMPENSATION ESTIMATES 3-23
3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE 3-23
3.2 METHODOLOGY 3-23
3.3 VALUATION INFORMATION 3-23
3.4 PROJECT AREA 3-23
3.5 LAND TENURE 3-24
3.6 REGISTERED OWNERS 3-24
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3.7 AREA 3-24
3.8 LAND USE 3-24
3.9 TOPOGRAPHY/PLOT 3-24
3.10 IMPROVEMENTS 3-24
3.11 SURVEY PLANS 3-25
3.12 GENERAL REMARKS 3-25
4 FRAMEWORK FOR RAP-PROCEDURES 4-27
4.1 RESOURCES 4-28
4.2 COMMUNITY ENGAGEMENT REQUIREMENTS 4-28
4.3 ELIGIBILITY NOTICE 4-29
4.4 IMPLEMENTATION MECHANISM 4-29
4.5 LEGAL AND LEGISLATIVE REQUIREMENTS 4-29
4.6 LAND ACQUISITION 4-30
4.7 SOCIO-ECONOMIC SURVEY 4-30
4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK: 4-32
4.8.1 Agencies responsible for the resettlement Activities: 4-32
4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN 4-34
4.9.1 Implementation Process for the Rap 4-35
4.9.2 Implementation Schedule and the RAP Budget 4-35
4.9.3 Appointment of Implementing Agent 4-36
4.9.4 Compensation Phase 4-36
4.9.5 Compensation and Relocation Times 4-36
4.9.6 Reporting 4-37
4.10 RESETTLEMENT ACTION PLAN SCHEDULE: 4-37
4.11 RAP MONITORING FRAMEWORK 4-39
4.11.1 Internal Monitoring 4-39
4.12 EXTERNAL MONITORING AND EVALUATION 4-39
4.12.1 RAP Monitoring Framework 4-40
4.12.2 Post Evaluation (Completion Audit) 4-41
5 SOCIO-ECONOMIC SURVEY FIELD FINDINGS 5-44
5.1 DEMOGRAPHIC INFORMATION 5-44
5.1.1 Education data of population within the project area 5-44
5.2 SOCIAL ISSUES 5-45
5.3 INCOME LEVELS 5-46
5.3.1 Relation to the Property 5-47
5.4 INFORMATION ON PROPERTY CHARACTERISTIC 5-48
5.5 LAND OWNERSHIP DETAILS 5-49
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5.6 ENERGY 5-49
5.7 INFRASTRUCTURAL FACILITIES IN THE AREA 5-50
5.7.1 Communication Infrastructure 5-50
5.7.2 Water Sources 5-51
5.7.3 Energy 5-51
5.8 GENDER ISSUES 5-54
5.9 RESETTLEMENT ISSUES 5-54
5.10 IMPACT OF PROJECT DEVELOPMENT 5-55
6 REFERENCES 6-59
APPENDIX 1: Public grievance form
LIST OF FIGURES
Figure 2.1: Grievance Redress Procedure
Figure 5.1.1 Education data of population within the project area
Figure 5.2(a) Sources of Incomes of population within the project area
Figure 5.2(b) Sources of Incomes of population within the project area
Figure 5.3 Incomes Levels of population within the project area
Figure 5.3.1 Property Ownership
Figure 5.4 Number of years businesses have been conoducted I the project area
Figure 5.5 Type of Land Tenure
Table 5.6 Willings of community members to pay for electricity supply
Figure 5.6 Monthly expenses on energy used by community members
Figure 5.7.2 Sources of water used in project area
Fgure 5.7.3 (a) Type of energy used by community members in the project area
Figiure 5.7.3 (c) Representation of avaialble infrastrucutral facilities in project area Figure 5.7.3 (b) Distance of community members to services
Figure 5.7.3 (f) Representation of common diseases in project area Figure 5.7.3 (e) Representation of avaialble health facilities in project area
Figure 5.7.3 (d) Representation of available institutions in project area Figure 5.8 Representation of property ownership visa vis gender of households
LIST OF PLATES
Graph 1.1: Percentage distribution of respondents in the different project locations Graph 1.2: Percentage distribution of commercial centres in villages
LIST OF TABLES
Table 2.1: Valuation Process Relevant to RAP
Table 3.1 Estimated Value of Property in Project Area
Table 4.2 Resettlement Plan Activity Schedule
Table 4.7: Demographic and socio-economic characteristics of the respondents
Table 4.10 Resettlement Action Plan Activity Schedule
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Table 4.12.2 Monitoring Indicators
Table 5.3.1 Years of settlement in Project Area
Table 5.3.1 Pie Chart showing property ownership for business community in project area
Table 5.7.1 Types of roads avaialbel in the project area
Table 5.9 (a) Representation of number of persons to be resettled from households
Table 5.9 (b) Representation of preliminary resettlement options presented by households
Table 5.9 (c) Representation of resettlement preference by households
Table 5.9 (d) Representation of basis of property valuation by households
Figure 5.10 (a) Representation of project anticipated impacts by households Table 5.10 (a) Representation of anticipated project impacts on households daily activities
Table 5.10 (b) Representation of anticipated impacts of resettlement on households Table 5.10 (c) Representation of proposals raised by households to reduce resettlement
Table 5.10 (d) Representation of responses on issues likely to hinder resettlement Table 5.10 (e) Representation of responses on how collective decisions are made for
commercial and administrative institutions.
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1 INTRODUCTION AND BACKGROUND
1.1 INTRODUCTION
The government proposes to develop a 132kv line from Eldoret-Kitale through the Energy Scale Up Program covering the period 2008 to 2017. The aim of the Government is to
accelerate access to power supply by a rate of 20% for the rural population by 2010 and by
40% in 2020.
This report gives the socio-economic characteristics and analysis of findings from data
gathered through a socio-economic field survey. The report discusses both the socio-
economic impact and benefits of the project to communities and gives information regarding
resettlement.
1.2 OBJECTIVE OF THE PROJECT
The main objective of this RAP is to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, including rehabilitation/ resettlement
operations in order to ensure that the PAPs will not be impoverished by the adverse social
impacts of the project.
Other objectives of RAP are to
• Enumerate the affected households;
• Identify any vulnerable Project Affected Persons (PAPs); • Conduct inventory of all assets to be taken; • Valuate those assets at full replacement value and determine any supplementary
payments e.g. unit price lists and itemized breakdowns of compensation offers and participation;
• Institute valuation negotiations and devise grievance procedure mechanisms; • Include institutional arrangements with the Kenyan law if any • Internalize monitoring arrangements; • Draw a timeline for the RAP; and • Prepare a Budget for all activities.
1.3 GUIDING PRINCIPLES
In order to ensure that the RAP complies with international best practice as regards
resettlement, the principle implementing agent, Kenya Power & Lighting Co. Limited shall
bind itself to the following guiding principles:
Principle 1: Resettlement must be avoided or minimized
Action: To comply with the principle, KPLC has demonstrated that the proposed resettlement
is both necessary and viable, and that its scope and extent cannot be lessened. KPLC has
shown that they have designed the line routes so as to cause the least possible displacement
and/or disruption.
Principle 2: Genuine consultation must take place
Action: Given its focus on resettlement, the primary concern is to take seriously the rights and interests of the PAPs. For this to take place, their voices need to be made clear, via the
formation of local level consultative forum. These structures have been co-ordinated at the community level by the KPLC personnel.
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Principle 3: Establishment of a pre-resettlement baseline data
Action: To support the successful reestablishment of affected property, the following
activities will be undertaken prior to displacement.
• An inventory of landholdings and immovable/non-retrievable improvements (buildings and
structures) to determine fair and reasonable levels of compensation or mitigation. • A census detailing household composition and demography, and other relevant socio-
economic characteristics. The asset inventories will be used to determine and negotiate entitlements, while the census
information is required to monitor homestead reestablishment. The information obtained from the inventories and census will be entered into a database to facilitate resettlement
planning, implementation and monitoring.
Principle 4: Assistance in relocation must be made available
Action: KPLC will guarantee the provision of any necessary compensation for people whose
fields will be disturbed to make way for the transmission lines, or any other disturbances of productive land associated with the project in proportion to their loss.
Principle 5: A fair and equitable set of compensation options must be negotiated
Action: Compensation will be paid for structures, land and trees that are disturbed according to set rates derived from market value comparables.
Principle 6: Resettlement must take place as a development that ensures that PAPs benefit
Action: Where practical the employment and sub-contracting opportunities that arise from the
project will be made available to the affected population.
Principle 7: Vulnerable social groups must be specifically catered for
Action: Members of vulnerable groups are often not able to make their voice heard
effectively, and account will be taken of this in the consultation and planning processes, as well as in establishing grievance procedures. They are often physically weaker, and may need
special help in the relocation/disturbance phase. In particular, female-headed households may lose out to more powerful households when assets will be demolished to make way for the
transmission line. This will entail KPLC ensuring that the pre-resettlement database specifically identifies vulnerable social groups and makes provision for them to be included
in consultative forum. KPLC must further ensure that they are given the necessary protection to ensure that they receive equitable access to replacement resources. In addition, KPLC will
make specific reference to vulnerable social groups being paid particular attention in the
monitoring process. Vulnerable groups will include those with minimal assets, the illiterate,
and the aged (those PAPs of more than 65 years).
Principle 8: Resettlement must be seen as an upfront project cost
Action: Experience across the world shows that unless resettlement is built in as an upfront
project cost, it tends to be under budgeted, that money gets whittled away from the
resettlement budget to ‘more pressing’ project needs, and that it tends to be seen as peripheral to the overall project. KPLC will ensure that compensation costs, as well as those
resettlement costs that fall within their scope of commitment, are built into the overall project budget as up-front costs.
Principle 9: An independent monitoring and grievance procedure must be in place
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Action: In addition to internal monitoring that will be provided by KPLC an independent
Team comprising local administration and the locals will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organised in such a way that
they are accessible to all affected parties, with particular concern for the situation of vulnerable groupings. Monitoring will specifically take place via measurement against the
pre-resettlement database.
Principle 10: World Bank’s operational procedure on forced resettlement
Action: the World Bank’s operational policy 4.12 on involuntary resettlement will be adhered
to. It requires that involuntary resettlement be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement,
resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the
project to share in project benefits. Displaced persons should be meaningfully consulted and
should have opportunities to participate in planning and implementing resettlement programs.
They should also be assisted in their efforts to improve their livelihoods and standards of
living or at least to restore them, in real terms, to pre-displacement levels or to levels
prevailing prior to the beginning of the project implementation, whichever is higher. KPLC
shall adhere to their standards.
1.4 APPROACH AND METHODOLOGY
The study was undertaken by collecting of primary and secondary socio-economic data,
through public forums with the assistance of local administration; focus group discussions
and literature materials. The consultants aimed to cover 100% of the Project Affected Persons
(PAP) but was challenged as the exact route of the line had not been surveyed. The
methodology and approach adopted in preparing this RAP is consistent with the Land
Acquisition Act (1995), The Land Act, the Wayleave Act, the World Bank Safe-Guard Policy 4.12.
In collection of primary data, the consultants used both qualitative and quantitative methods of obtain the data. In the qualitative assessment public forums and interview schedules were
used to gather information and to assess the experiences and perceptions of the PAPs regarding the project. Wide participation was ensured by involving special interest groups
ranging from youth, elderly men and women to the meetings. A number of consultative meetings were held with the PAPs though the idea was new to a
majority of them. The discussions covered issues such as search of alternative project routes
and lands and the participation of the community in Resettlement Steering Committee since
they are the ones to approve the RAP activities and also supervise its implementation in the
future. The community wanted the exact project area identified and wanted to discuss key
issues with the Proponent (KPLC) especially regarding compensation of eligible persons,
arrangements for relocation, and announcement of project implementation date and the cut-
off date among other issues.
The primary data enable establish the approximate number of PAP including the number of
households affected, loss of assets (houses, kiosks), community infrastructure e.g. churches,
crop farmland and fruit trees. In additional the survey aimed to estimate compensation due,
based on the replacement cost. The RAP process was highly consultative in order to improve
ownership by the stakeholders.
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The survey for the Eldoret-Kitale transmission line targeted a total of 246 consisting of 226
households, 5 Institutions three being schools and two churches and 15 commercials. The survey covered 18 locations located in the different districts that the line has traversed as
depicted in the graph below.
Graph 1.1: Percentage distribution of respondents in the different project locations
The survey indicated that, most commercial activities are conducted in four divisions namely Soy 33.3%, Turbo 13.3%, Kapsaret 20% and Moi’s bridge 20% and three locations namely
and Kamagut 33.3%, Soy 13.3% and Pioneer 20%. The commercial distributions in the villages are as depicted in the graph below.
Graph 1.2: Percentage distribution of commercial centres in villages
The socio-economic survey conducted identified several social impacts arising from the
development of the proposed line. These impacts are the displacement of over 300 households in settlement and farming blocks, transfer of stress to vulnerable groups who
include the elderly (55-77years old) and female headed households, loss of trees, loss of rental revenue, loss of communal facilities (churches and hand dug wells), loss of
undeveloped residential and commercial plots and the spread of HIV/AIDS. On the positive side, the affected community will benefit from employment opportunities that
will be created by the project, receive electricity supply through the rural electrification programme and increase economic activities through the use of electricity.
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In the qualitative assessment, a survey was undertaken using questionnaires aiming to reach
100% of the PAP’s. For the assessment three types of questionnaires were developed for different strata, namely, Institutions, commercial and household.
The consultation process adopted in the RAP was aimed at ensuring the affected persons were provided with a platform for a free, prior and informed participation. This was done to
ensure their concerns and expectations have been incorporated into the Client’s decision-making process by focusing on matters that affect them directly, such as the proposed
mitigation measures for the identified social impacts.
Secondary data collection involved review of existing literature on socio-economic status of
the project area including data on property valuation in the country.
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2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK
There are several statutes that handle the issue of land, development of electric infrastructure and valuation of assets for the purpose of compensation. Those that deal directly with land
are:
• Government Lands Act Cap 280 • Land Titles Act Cap 282 • Registration of Titles Act Cap 281 • Land (Group Representatives) Act Cap 287 • Trust Land Act Cap 291 • Registered Land Act Cap 300 • Land control Act Cap 302 • The Physical Planning Act Cap 286 • Agriculture Act Cap 318 • The valuation practice in Kenya is governed by the Valuers Act Cap 532 • Valuation for rating is governed by the Rating Act Cap 267 • Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. • Development of electric infrastructure is governed by the Energy Act, 2006 • Environmental Management Co-Ordination Act, 1999 addresses environmental issues
related to land.
2.1 LAND RELATED LEGAL ISSUES
Interests in land broadly fall into two groups. Rights that are held through traditional African
systems and rights that derive from the English system introduced and maintained through laws enacted first by colonialists and later by the Independent Kenya governments. The
former is loosely known as customary tenure bound through traditional rules (customary
law). The latter body of law is referred to as statutory tenure, secured and expressed through
national law, in various Acts of Parliament.
2.1.1 Customary Land Tenure:
This refers to unwritten land ownership practices by certain communities under customary
law. Such tenure still exists in large parts of the country where land has not been adjusted and
registered. Its management falls within Trust Land Act, Cap 291.
2.1.2 Public Tenure:
This is land owned by the Government for own purpose and which includes unutilized or delineated government land reserved for future use by the Government itself or may be
available to the general public for various uses. The land is administered under the
Government Lands Act Cap 280.
2.1.3 Statutory Tenures
These are categorized in two forms:
• Freehold tenure: This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. The
Registered Land Act (RLA) Cap 300 of the Laws of Kenya governs freehold land.
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• Leasehold Tenure: Leasehold is an interest in land for a definite term of years and may be granted by a freeholder, usually subject to the payment of a fee or rent and is subject
to certain conditions, which must be observed e.g. relating to developments and usage.
2.1.4 Other Interests include:
• Reservations of other government or trust land to government ministries, departments or Parastatals for their use.
• Non-formalised defacto tenure by which people, individually or in groups invade and occupy other peoples government land particularly in the major urban centres.
• Minor interest such as easements, way-leaves and temporary occupation licences
2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL PLANNING ACT (CAP 286)
The act state that while giving due considerations to the rights and obligations of landowners,
there shall be compensation whenever a materials site, diversion or realignment results into
relocation of settlement or any change of user whatsoever of privately owned land parcels;
2.3 WAY LEAVES ACT (CAP. 292)
Way Leaves Act (Cap. 292) Section 3 of the Act states that the Government may carry any
works through, over or under any land whatsoever provided it shall not interfere with any
existing building or structures of an ongoing activity. Notice, however, will be given one
month before carrying out any such works (section 4) with full description of the intended
works and targeted place for inspection. Any damages caused by the works would then be
compensated to the owner as per section. Finally section 8 states that any person without
consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs
2.4 THE LAND ACQUISITION ACT (CAP. 295)
This Act provides for the compulsory or otherwise acquisition of land from private ownership
for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition. Notice will be issued through the Kenya Gazette and copies delivered to
all the persons affected. Full compensation for any damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with
section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall
be paid promptly to all persons affected in accordance to sections 8 and 10 along the
following parameters;
• Area of land acquired, • Property value in the opinion of the Commissioner of land (after valuation) • Amount of the compensation payable, • Market value of the property. • Damages sustained from the severance of the land parcel from the land • Damages to other property in the process of acquiring the said land parcel. • Consequences of changing residence or place of business by the land owners, • Damages from diminution of profits of the land acquired
Part II of the Act allows for the temporary acquisition of land for utilization in promotion of
the public good for periods not exceeding 5 years. At the expiry of the period, the
Commissioner of Land shall vacate the land and undertake to restore the land to the
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conditions it was before. Any damages or reduction of value shall be compensated to the land
owners
2.5 REGISTRATION OF TITLES ACT CHAPTER 281
The Registration of Titles Act is an act of Parliament that provides for the transfer of land by registration of titles. When the Commissioner of land issues a letter of allotment to any
person in respect of any land, one of the laws under which the title to that land is issued is the Registration of Titles Act. A freehold title issued under this act confers absolute control upon
individuals or other legal entities upon a given parcel of land. It also confers upon them
power to determine the use to which such land can be put. A leasehold title contains
conditions such as the term of the lease, commencement date thereof, the user of the land etc.
Private ownership of land is embodied in this Act.
2.6 THE TRUST LAND ACT, CHAPTER 288
The constitution vests all land which is not registered under any act of parliament under the
ownership of local authorities as trust land. Section 117 of the Constitution of Kenya
provides that the Trust Lands Act may empower a county council to set apart an area of trust
land vested in that county council for use and occupation by a public body or authority for
public purposes, or by any person for a purpose likely to benefit the persons
2.7 VALUATION AND RELATED LEGAL ISSUES
The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for
a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full
members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in
charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap
280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory
acquisition purposes.
2.8 VALUATION PROCESS RELEVANT TO RAP
Table 2.1 outlines valuation process that complies with the Laws of Kenya and the World
Bank guidelines.
Table 2.1: Valuation Process Relevant to RAP
Asset Process
Land with
Structures
Steps:
a. A detailed inventory of all persons, possessions, assets and stock requiring
resettlement will be made.
b. Accurate and real valuation of dwelling will be undertaken.
c. Determination of compensation packages according to valuations will be carried out.
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d. Allow a reasonable time period prior to moving, for salvage of building materials. PAP’s may salvage any material without this being deducted from compensation
entitlements.
e. Provide temporary housing/shelter if necessary.
Recommendations:
a. The stretch of land with structures is?
b. KPLC will pay compensation for the lost housing structures.
c. KPLC will provide transport for the occupants and their belongings to their new
place of residence.
d. The owner will be entitled to remove any materials he or she wishes to salvage
within one month of vacating the old dwelling.
e. KPLC will provide transport for these materials, other than masonry, to the new
residential site.
Land without structures
a. Inventory: As part of the RAP phase the KPLC hopes to acquire names and contact details of all persons affected by the project.
b. Compensation: The RAP data sheet spells out how each person is affected and
indicates how much compensation will be paid for crops and trees lost.
c. Payment: The line passes along an area ranging from 390 Ha. (975 Acres) to 420
Ha. (1050 acres) of privately owned land.. KPLC is therefore compelled by law to
compensate the PAPs on Land.
Lost business
profits and
employee
earnings
a. Where business profits may be affected compensation will be paid according to
Valuation & Audited results of the enterprises monthly income.
Crops/Trees on
the fields
cultivated by
those affected.
a. Tree/seasonal crops: Harvesting of the crops will be given a first priority but where
harvesting is not possible, counting of the affected crops will be done by a registered
valuer and KPLC agent in the presence of the owner. Computation of the costs will be
done according to market rates1
b. Annual crops: Crops will be harvested by the owner and therefore no compensation
will be paid for crops. In instances where crops are not able to be harvested, KPLC will
pay compensation at the market rates.
Notes
• KPLC already has very competitive rates that would be presented to the PAPs for ratification.
• All payments shall be made before demolition commences
2.9 CUT-OFF DATE
The cut-off date for determining the beneficiaries of the resettlement plan will be one month
after the last date of determining the number of PAP’s for purposes of contradictory
grievance procedure to finalize the number of PAP’s.
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2.10 COMPENSATION OF THE PAPS
Compensation to PAPs shall be made before demolition commences. This will be done at either the KPLC offices or at the local chief’s office, whichever will be appropriate after
approval. After compensation, a minimum of one month notice shall be given to the affected people before the demolition exercise commences, so as to allow relocation and salvage of
necessary asset by the PAPs. Renters shall likewise be given at least one month notice before actual demolition to give them ample time to relocate. The sites shall be handed over to
KPLC once all the PAPs have been fully compensated.
2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES
The practice of domestic and international arbitration in Kenya is conducted within the
framework of the 1995 Arbitration Act and is interpreted as: “any arbitration whether or not
administered by a permanent arbitral institution”. The Act follows the UNCITRAL model
almost word for word but with a number of glaring omissions: notably no provision for costs
and interest, nor any provision for appeal in international arbitrations. These omissions are
dealt with by the Rules of an active local branch of the London-based Chartered Institute of
Arbitrators, being an amalgam of Rules established by leading international arbitral
institutions and providers such as the London Court of Arbitration, the ICCA and Chartered
Institute of Arbitrators or NEMA, Department of Arbitration..
In addition to ratifying the UNCITRAL Model Law, Kenya has also ratified the New York
Convention, the WTO and WIPO Treaties relating to arbitration. The Kenyan branch of the Chartered Institute of Arbitrators, founded in 1984, is recognized as the professional body for
the annual training and examination of those seeking to qualify as arbitrators; it also acts as the appointing body where stipulated in contract.
Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit organization that promotes the prompt, effective and economic resolution of disputes through arbitration,
predominantly mediation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to arbitrate. They would be of
particular use should disputes around the compensation and resettlement process arise.
In addition, there are a series of customary avenues that have been set up to deal with dispute
resolution and they will be employed as the “court of first appeal”, where relevant.
2.12 GRIEVANCES ADDRESS MECHANISMS
Grievance redress mechanisms are essential tools for allowing affected people to voice
concerns about the resettlement and compensation process as they arise and, if necessary, for
corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving
transparency in the resettlement process.
Disputes will be referred to KPLC and then if necessary, the project affected people (PAP)
committees who will be asked to provide recommendations as to how it is to be addressed. If
deemed necessary by the PAP committee the case will be re-investigated and, depending on
the nature of the issue, referred to the National Environmental Tribunal or Public Complaints
Grievances will be dealt with as represented in Fig. 2.1.
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Legal Action
Grievances Ressolved
Grievances Ressolved
KPLC hears grievances and rules.
PAP committees has 2 weeks from
submission to respond
Affected Party
declares a grievance
Land Compensation Tribunal,
Public compliant Committee,
Resettlement steering committee
etc.
No Further Action
No Further Action
Figure 2.1: Grievance Redress Procedure
Information about all dispute and grievance procedures is to be widely disseminated, through
consultative fora, and the media.
The PAPs committee secretary or nominated agent (in the absence of the secretary) will keep
a written record of all disputes/grievances raised and dealt with during the resettlement and
compensation process. These records will be monitored regularly by the PAPs Committee
and by the independent Monitoring Team. This will be undertaken as part of the on-going
monitoring and evaluation process. Public grievance form is attached in Appendix 1.
2.13 WORLD BANK POLICY 4.12
The main objectives of the World Bank Policy 4.12 include:-
• Avoiding or minimizing involuntary resettlement where feasible, exploring all viable alternative project design; Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs,
providing sufficient investment resources to give the persons displaced by the project the opportunity to share in project benefits.
• Displaced persons should be meaningfully consulted and have opportunities to participate in planning and implementing resettlement programs.
• That displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement
levels or to levels prevailing prior to beginning of project implementation, whichever is higher. Specifically, the production systems of a community are safeguarded to the
extent that guarantees their livelihoods and that their skills base remain relevant regardless of the resettlement site. The policy objectives are also designed to minimize
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kinship group dislocation that might subject the affected persons to unfair competition
when mutual help is diminished or lost.
2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA
In Kenya expropriation is provided for in the Constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. But the constitution only gives general
guidelines. The detailed procedures for acquisition are elaborated under the “Land acquisition Act ” in chapter 295 for private land and chapter 288 for unregistered Trust Lands. The title
to Trust Lands is vested in the County Council in trust for its inhabitants, hence the term
“Trust”
2.14.1 Procedures of Private Land Acquisition under
This process is governed by the Land Acquisition Act Chapter 295. The Act requires that
benefiting Authority to make a formal request submitted to the “Commissioner of Lands”.
The Commissioner will then forward the application to the Minister in charge of lands. If the
minister is convinced that the land is required for public purpose, he writes to the
commissioner to that effect, and directs him to acquire the land (Section 6(1)). The Commissioner will then give “Notice of Intention” to acquire the land (section 6(2)) in the
“Kenya Gazette” side by side with the “Notice of Inquiry”.
The “Notice of Intention” must mention the public body or the public purpose for which the land is to be acquired. The “Notice of Inquiry” mentions places and fixed dates when
persons interested in the subject land are to submit their claims to the Commissioner of Lands or his appointee (a “Valuation Officer” also known as “Collector of compensation”)
according to Section 9. Meanwhile the Collector of Compensation is supposed to inspect the
said land and value it for compensation. After the inquiry the Collector will issue and award
depending on his own assessment and the representations of interested parties as submitted at
the inquiry (Section 10 and 11).
The award is issued in a prescribed form, together with a statement form. The former
indicates the amount of compensation awarded while the latter gives the landowners option
of acceptance or rejection of the award. If the landowner accepts the award, the collector will
issue a cheque in settlement together with a formal “Notice of Taking Possession and
Vesting” (section 19). The notice instructs the landowner to take his title for amendment or
cancellation. It is copied to the Government surveyor and the land registrar to make
necessary changes to the affected deed. On the other hand if the owner rejects the award, the
collector deposits the money in court pending the former’s appeal. Compensation is based on open market value.
2.14.2 Procedures of TrustLand Acquisition
The procedure of setting apart land requires that, the President writes to the local authority in
charge of the said Trust Land informing the Council that the land is required for public
purpose by a public body. The Council is supposed to deliberate the matter at a full council
meeting and give consent. The “District Commissioner” in charge of the affected area will
then proceed to ascertain interests, determine areas and assess compensation for the land after
which he is to issue an award. In case of acquisition at the instance of the County Council
itself, the whole process is repeated except that this time the President is not involved in
giving directions, the process starts off with a full council meeting.
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2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON
RESETTLEMENT
There are similarities between key precepts of the World Bank Policy 4.12 and Kenyan
legislation. The legislation recognizes the imperative need to offer compensation to those whose land is affected by government activities, such as compulsory acquisition where such
land is envisaged to be used for the public good. Despite that, the current Kenyan legislation is silent on resettlement. The scope of coverage of Kenyan legislation and the World Bank
Policy 4.12 differs as well.
Whereas both recognize customary tenure as equivalent to legal title, the World Bank Policy
4.12 extends beyond this principle and recognizes informal occupancy as a form of
customary tenure so long as such informal occupancy can be established prior to the project
cut-off date. Therefore, in accordance with the legal agreement of the credit for the
development of the project, the preparation of this RAP has been executed in line with the
policies and guidelines as set out in the World Bank Policy 4.12.
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3 LAND VALUATION AND COMPENSATION ESTIMATES
The resettlement compensation cost for the project includes land compensation, house compensation, crops and trees compensation, resettlement transportation allowance, training
of the PAPs in income generating activities and developing their capacity to maintain
reasonable standards of hygiene in the resettlement sites.
3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE
Based on the results of the socio-economic study and valuation of assets conducted in October 2009, it was noted that the project area is of mixed land use namely agricultural,
residential, industrial & commercial use. The valuation report provides an overview in reference to location of sites, tenure details, approximate area, construction details, and
general.
3.2 METHODOLOGY
The methodology adopted for valuation of these properties for acquisition purposes are
substitution, anticipation and replacement.
3.3 VALUATION INFORMATION
Information and data used was obtained from the following sources
� Uasin Gishu and Tranzoia Districts Land Registries
� Eldoret and Kitale Survey Office
� Site inspection.
3.4 PROJECT AREA
The way – leave starts at KPLC substation next to Rivatex (Eldoret ) in Eldoret Municipality
through Kipkarren, Pioneer, Kapsereti, Western view farmers village, Kipkenyo, Sosiani, Kaptinga, Chemelal , Lesseru villages, kamagut , Emgwen, Kenya Ordianance Factories,
Barracks, Sheiwe, Lawiyet, Soy, Msalaba Yellow, Ziwa, Nangili, Kongoni, Lukuyani, Mukunga, Matunda, MoisBridge, Sokomoko, Sonoko, Kebuluet, Kapkoi, Waitaluk, Potwa,
and Central.
Alternative route has areas where the way leave could divert at Mois Bridge (from the main lines at Moi Bridge into Ex – culten, Kaptien, Potwa, Kablamai, Wekhoya/Toro farm,
BikekeWaitaluk Naisambe, Kibomet, to the substation in Kibomet in the outskirts of Kitale
town.
The way – leave runs across two provinces that is Rift Valley ( Wareng, Eldoret west, /
Eldoret North, Uasin Gishu, Trans Nzoia West and East) and Western ( Lugari)
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3.5 LAND TENURE
Plots within the urban centers of Eldoret and Kitale are mostly under LEASEHOLD INTEREST for a term of 99 yrs at revisable ground rents.
Agricultural properties, outside these two major urban towns, and plots in small trading centres like Longisa, Soy, Nangili, are mostly under FREEHOLD INTEREST in absolute
proprietorship as per the Registered Lands Act Chapter 300 of the Laws of Kenya.
3.6 REGISTERED OWNERS
Details of the registered owner could not be obtained as the definite route taken has not been
surveyed to ascertain beyond reasonable doubt the particular route to be taken so as to
confirm the registered owners,
3.7 AREA
Depending on the locality and route, averagely the way leave is to cover a distance of
between 65 kilometres – 70 kilometres in length and 60 metres in width all along. This
translates to areas ranging from 390 Ha. ( 975 Acres) to 420 Ha. (1050 acres)
3.8 LAND USE
Most of the properties falling within the way – leave route are under agricultural and institutional user (like schools, Kenya ordinance , Barracks) and a few commercial properties
within the small urban centres. They can be classified as follows;
(1) Commercial user- in urban centres (2) Industrial user – like Kenya Ordinance Factories
(3) Residential user – in urban centres (4) Agricultural user – in rural areas
3.9 TOPOGRAPHY/PLOT
Most of the land situated along the route are gently sloping, dark loam soils and in high
density rainfall areas.
3.10 IMPROVEMENTS
At the time of our inspection most properties were not developed with any structural
developments ( along the way-leave route), and except for those along the Eldoret – Kitale
road and in small trading centres like Longisa where the way – leave could pass through
residential structures and Commercial single – storey buildings.
The constructions details and accommodation layout of these buildings are to be provided
upon the confirmation of the specific route taken, upon which the real improvements values
will be assessed as per the building materials used, finishes and location in relation to open
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market value, route plan costing and addition for inconvenience and disturbance caused to the
registered owner.
3.11 SURVEY PLANS
Registry index maps used include those of Uasin Gishu Tranzoia and Lugari. Plan Index
Diagram and Topographical maps also aided in identifying the location of properties. Upon confirmation of the specific route, then individual parcel numbers will be given in
relation to the registration index sheet numbers.
3.12 GENERAL REMARKS
• In our valuation we have zoned areas / locations with general average prices together while considering the distance.
• The title deeds and lease certificates legality needs to be confirmed by doing searches at the lands offices in Eldoret, Kitale and Kakamega to get their true position in regard to
registered owners details, size and parcel numbers.
• The survey plans and mutation ( if any) needs to be confirmed from the survey offices in Kitale Eldoret and Kakamega to show if any route plan is in conformity with the index
maps on the ground.
• Tenure ship also needs to be confirmed so as to know the type of property rights that is being compensated.
• Average property sizes in relation to the way – leave needs to be known as some cases may involve acquiring the whole plot, as the remaining part may be insignificant to the owner hence necessitating full acquisition of the whole parcel.
• The effects of the way – leave on land use patterns, improvements and tenancy and its impact on property values could be derived during the detailed inspection of the
ascertained route.
• The compensation has to include a fifteen (15) percent addition for inconvenience and disturbance caused to the registered owners.
To avoid too much inconvenience and delays, areas like Longisa next to Kenya Ordinance Factories and Barracks, the route should be changed and taken to the Ordinance Factories
Moi Barracks side of the road as these areas have no structural developments, and no private population on it hence cutting down on costs. In small urban areas & agricultural lands the
route plan should avoid as much as possible to cut through commercial buildings and residential homesteads as these will help cut costs and not strain relations.
Upon acquisition the neighboring plot owners may be allowed to use that is only farm the way – leave (no structures) but at their own risk as the property shall no longer be within their
legal domain.
Table 3.1 Estimated Value of Property in Project Area
AREA IN ZONES ACRAGE ACQUISITION VALUE
(PLUS 15 % INCONVINIENCE) (KSH)
KPLC – SUBSTATION ,WAREN’G
6 HA. OR 15 ACRES 40,000,000/=
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KIPKAREN, PIONEER 60 HA. OR 150 ACRES 70,000, 000/=
KIPKENYO,
KAPSEERETI
60 HA. OR 150 ACRES 55,000,000/=
SOSIANI,
KAPTINGA,
LESSURE,
KAMAGUT,
EMEGWEN,
SHEIWE,
MSALABA YELOW\SOY
120 HA. OR 300 ACRES
125,000,000/=
NANGILI, KONGONI,
LUKUYANI,
MUKUNGA,
MATUNDA,
MOI’S BRIDGE,
SOKOMOKO,
KEBULUET,
SISAL AREA
90 HA. OR 225 ACRES
80,000,000/=
WEKHOYA,
POTWA,
BIKEKE,
NAITALUK
36 HA. OR 90 ACRES 35,000,000/=
KITALE
MUNICIPLATY
18 HA OR 45 ACRES 55,000,000/=
NAISAMBU
KIBOMET
30 HA OR 75 ACRES 40,000,000/=
TOTAL = 420 HA. OR 1050 ACRE
= Ksh. 500,000,000/= (Kenya Shillings Five Hundred Million Only)
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4 FRAMEWORK FOR RAP-PROCEDURES
The impacts due to involuntary resettlement from development projects, if left unmitigated, often gives rise to severe economic, social and environmental deprivation. These may result
in production systems being dismantled, people facing impoverishment when their productive
skills may be less applicable and the competition for resources greater; community
institutions and social networks being weakened; kin groups being dispersed; and cultural
identity, traditional authority, and the potential for mutual help are diminished or lost. The
resettlement policy, in most cases, is not triggered because people are not being affected by
physical displacement. It is triggered because the project activity may cause land acquisition,
whereby a physical piece of land is needed and people may be affected because they are
cultivating on that land, they may have buildings on the land, they may use the land for water
and grazing of animals or they may otherwise access the land economically, spiritually or any
other way which may not be possible during and after the project is implemented. Therefore,
affected people in most cases have to be compensated for their loss (of land, property or
access) either in kind or in cash. According to the Banks experience, resettlement of
indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. All viable
alternative project designs should be explored to avoid physical displacement of these groups.
These activities likely to be triggered by the resettlement are:
• Formation of Resettlement Steering Committee • Socio-economic survey and Evaluation of Properties • Community Consultation Programme • Confirmation of Resettlement Sites • Announcement of cut-off date • Preparation of Resettlement layout and design maps and Plot Demarcation • Construction of New Structures where applicable • Movement of PAPs to New Site or provision of agreed compensation • Internal Impact Monitoring • External Impact Monitoring
Any project which includes the acquisition of land either of a temporary or permanent nature
requires the development of a project-specific RAP or Compensation Framework. The project-specific RAP must take cognizance of the following:
• Requirements of the KPLC Resettlement Policy Framework. • Requirements of the laws of Kenya Development of a project-specific community
engagement strategy
• Posting a project Eligibility Notice both in the local media and at appropriate locations within the footprint of the project.
• Identify the nature and magnitude of the land acquisition needed in terms of permanent and temporary requirements for the project.
• Have a clear definition of the PAP by socio-economic and gender category; household or family; the cut-off dates for eligibility for compensation; the assets to be compensated at
replacement cost.
• Develop an implementation mechanism for the delivery of the entitlement compensation package, as well as to meet the objective of the RAP.
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• Undertake a detailed socio-economic survey in order to identify entitlement, key issues faced in terms of land acquisition and compensation; and options and strategies for
minimising impacts on current land use activities or cultural heritage.
• Provide specific rates for compensation of loss of assets at fair market and equitable value and the methodology of how these values are derived.
• Set out the land acquisition and compensation processes, options available, eligibility and entitlement and consultation and grievance referral and redress mechanisms
(GRRM).
4.1 RESOURCES
A team will be set up to oversee all the activities of the RAP. The size of the team, its
formation, its functions and terms of reference will depend upon the extent of the land
acquisition and numbers of PAPs.
4.2 COMMUNITY ENGAGEMENT REQUIREMENTS
The RAP team will develop a community engagement plan as a first step towards informing the community about the project, its impacts and entitlement framework. It should include a
description of the implementation mechanism to be set in place for delivery of the entitlement packages. The plan shall accord with the requirements of this Policy, good industry practices
and the IFC’s Performance Standards 1 and 5.
The community engagement plan shall be an ongoing process in order to engage stakeholders in meaningful consultations about the project and shall continue throughout during project
implementation all stages of the project. Their concerns and aspirations should be fed back
into the development of the RAP.
The Principles are:
• All stakeholders must be consulted and be effectively involved in a two-way communication with the project sponsors. Special efforts will be made to consult with
women and vulnerable communities.
• The RAP will include an explicit public information strategy. This will include the use of mass media, possibly through radio and television, to advise the dates and times of
public meetings, availability of documents, selection criteria, cut-off dates, and
compensation measures.
• The consultation should be preceded by providing all the relevant and accurate information.
• Following disclosure of all relevant information, the client should consult with and facilitate the informed participation of affected persons and communities, including host
communities, in decision-making processes related to resettlement. Consultation should continue during the implementation, monitoring, and evaluation of compensation
payment and resettlement to achieve outcomes that are consistent with the objectives of
this Framework.
• Supply of information and consultation with different stakeholders should be through a language and medium they are comfortable with.
• In certain cases, for example, the land acquisition process, where the information is not easily understood by the people, KPLC shall take responsibility for simplifying and
ensuring that the whole process is understood by the project affected persons, using appropriate methods of communication.
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• There shall be a specific and transparent mechanism for the recording of grievances and their timely resolution. The Company will make every effort to resolve grievances at the
community level without impeding access to any judicial or administrative remedies that
may be available.
• Where affected population do not have land titles, cadastral surveys may have to be carried out to establish the basis for compensation and procedures will be established to
regularize and recognize claims to land, including claims that derive from customary law
and traditional usage.
• Clear communication of responsibility and accountability procedures, personnel and resource availability for effective implementation of plan shall be put in place.
• A schedule shall be prepared and disseminated in appropriate places within the footprint of the project detailing the time, place for consultation and contact details of the lead
person.
4.3 ELIGIBILITY NOTICE
A project eligibility notice will be posted both in the local media and at appropriate locations
within the footprint of the project. In accordance with the above good practices and the
community engagement plan a notice must be published informing communities and PAPs of
the cut-off date for compensation eligibility.
4.4 IMPLEMENTATION MECHANISM
The RAP will require that an implementation mechanism be set in place for the delivery of
the entitlement package, as well as to meet the objective of the RAP. The strategy of
implementation includes the delineation of roles and responsibilities of organizations/
institutions, as well community groups, the procedures to be followed along with the support
facilities available and a timeframe for implementation of each of the activities are :
� Community Engagement � Issuance of Eligibility Notice � Land Survey � Asset Inventory � Census survey of the PAPs � Issuance of Identity Cards � RAP Stakeholder Consultation � Alternative land survey � Land Acquisition � Payment of Compensation � Land Purchase � Moving assistance Land clearance � Rehabilitation and Income Restoration � Community Development (if deemed appropriate or necessary) � Monitoring and Evaluation
4.5 LEGAL AND LEGISLATIVE REQUIREMENTS
A summary of the legal framework, policies, principles and objectives that govern the land
acquisition and compensation processes will be prepared and disclosed to PAPs.
Where the information is not easily understood by the people, the company shall take
responsibility for simplifying and ensuring that the requirements and procedure is understood
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by the project affected persons, using appropriate methods of communication.
4.6 LAND ACQUISITION
The RAP will provide both detailed and locational maps identifying the nature and magnitude of land acquisition needs for both permanent and temporary needs of the project.
The maps will detail the extent of the impact of land acquisition on each individual project affected household (PAH) and to the extent possible each PAPs asset/economic interest in the
land to be acquired.
In cases where the family members have informally divided and cultivated their
ancestral land with no mutation legally recorded, the portion of the land currently being
farmed or resided upon by the PAP will be allocated in accordance with their mutation
arrangement and the disbursement of compensation will be pro rata basis on a
acreage/percentage basis. However, the compensation option entitlements will be calculated
on the overall size of the land parcel or PAH basis.
4.7 SOCIO-ECONOMIC SURVEY
The socio-economic survey should provide a summary of relevant baseline information on
affected populations; identifying all categories of impacts and people both directly and
indirectly which include those of a physical and economical nature. The summary will
include an assessment of their relevant socio-economic circumstances; identify key issues
faced in terms of land acquisition and compensation; whether or not the PAH or PAP falls with the criteria for vulnerability and options and strategies for minimising impacts on
current land use activities or cultural heritage. An electronic database will be developed to store all socio-economic data collected during the survey. Each PAH and PAP within the
parcels of land to be acquired for the project will be given a unique identification number that will grant eligibility to compensation and to the various compensations options that will be
developed. A questionnaire will be developed for the household survey and for the economic interest within each parcel of land.
Photographs of PAPs and their assets will be taken to supplement identification and enable
transparency with respect to material assets. The census survey data will assisting preparing
the micro plans for each PAH/ PAP and will be used to monitor the success of the RAP
process.
The survey should bring out as a minimum the following details:
• Name and family details • Demographic information on social classification, education and occupation of each
family member
• Skill base/ education level for each member • Total family income (from all sources) • Details of land ownership and extent of land loss due to the land acquisition/ negotiation.
(Actual land ownership, and not only in terms of land records)
• Details of income loss due to loss of land (from agriculture, plantation, labour and sharecropping).
• Details of any structure or asset on the impacted land • Identification of vulnerability (women-headed household, family with physically and
mentally challenged members, family with aged members, family with income below
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poverty line and family losing more than the economic threshold of their land through
acquisition/ negotiation) Socio-economic survey was conducted in the project areas and the study findings provides a
summary of relevant baseline information on affected populations and an over view of finding is provided in the table below.
Table 4.7: Demographic and socio-economic characteristics of the respondents
Variable Characteristics Percentage
Gender Male 62.3
Female 37.7
Marital Status Married 90.4
Single 4
Divorced 0.6
Widowed 5
Age of household head 20 and below 1.7
21-30 years 20
31-40 years 25.1
41-50 years 19.4
51-60 years 19.4
61-70 years 11.4
Over 70 years 2.9
Total number of dependants 3 and below 8
4 to 7 47
8 to 11 29
12 to 15 15
Over 15 1
Occupation/ Employment of Farmer 39
the household head Government/public sector 19
Private sector 15
Casual labour 16
Self-Employed 11
Family Structure
Nuclear family
75
Extended family
14
Polygamous family 11
Income of the household head 5,000 and below 17
Kshs 5,001-10,000 22
Kshs 10,001-15,000 13
Kshs 15,001-20,000 17
Kshs 20,001-25,000 5
Kshs 25,001-30,000 6
Over Kshs 30,000 22
Education level for head Secondary 45
Primary but can not read 11
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Primary and able to read 33
No education 11
Source: data from the Field analysis
4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK:
Land acquisition, resettlement implementation and management is usually a major issue in
the project implementation process and this call for the need of appropriate institutional
framework for all concerned parties including the client. It always important to ensure timely
establishment and effective functioning of appropriate organizations mandated and is capable
to plan and implement land acquisition, compensation, relocation, income & livelihood
restoration programs. The organizational structure or the institutional capability should be
elaborates on the role of various stakeholders in the implementation and administration of the
RAP. It further clarifies the role of PAPs and their responsibility in the entire process.
4.8.1 Agencies responsible for the resettlement Activities:
An institutional framework is suggested for this project so that successful implementation of
the project can be accomplished. However, there are a number of institutions that will be
involved in the process of land acquisition compensation and resettlement for the project.
These include:
i. Ministry of Environment and Mineral Resources. ii. The Ministry of land.
iii. Kenya Power &Lighting Co. Ltd. iv. Eldoret-Kitale & Mumias-Rangala-Kisumu Transmission line Project-Resettlement
team.
v. Respective village committees vi. Provincial administration
vii. NGOs with legitimate interests viii. National Environmental Management Authority (NEMA) officer
ix. Local councils Each of the institution will have a collective role to play for the implementation of
Resettlement Action Plan to be successful.
Some of these agencies will have major roles to play in the implementation process, and these
includes but not limited to:
(a) KPLC Resettlement Unit (KRU)
The structure of the unit shall composed of the following people but not limited to
1. Legal Advisor 2. Surveyor 3. Transmission Engineer 4. Socio-Economist 5. Way-leave Officer 6. Environmental Expert 7. Community Liaison Officer 8. Database Officer 9. KPLC registered valuer
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The KRU will be responsible for the following:
• Oversee the implementation of the RAP. • Oversee the formation of PAP Committee (PC) • Ensure maximum participation of the affected people in the planning of their own
resettlement and post resettlement circumstances.
• Accept financial responsibility for payment or compensation and other designated resettlement related costs.
• Ensure detailed valuation of the structures in order to determine the case to case value of each component of the project and agree upon a value for compensation.
• Pay the affected people compensation to the amounts agreed. • Ensure monitoring and evaluation of the PAPs and the undertaking of appropriate
remedial action to deal with grievances and to ensure that income restoration are
satisfactorily implemented.
• Ensure initial baseline data is collected for the purposes of monitoring and evaluation report as per the indicators provided by the RAP.
(b) PAP Committee (PC)
Under the guidance and coordination of KRU, the PC will be formed two to three weeks after the formation of the KRU which will act as a voice PAPs. The committee shall comprise of
the following: � National Environmental Management Authority (NEMA) officer � Lawyer, Kenya Power &Lighting Co. Ltd. � Valuer, Kenya Power &Lighting Co. Ltd. � Two Project affected people Representatives – to be appointed by PAPs. � Local council representative. � District Valuer or any Independent Valuer � Surveyor � The local area chiefs � District Land Adjudication and Settlement Officer � District Social Development Officer � Provincial State Counsel
The PC shall have a Chairperson and a Secretary appointed or elected by PAPs. The
chairperson ought to be from the local area.
The PC will be concerned with the following:
• Public Awareness: Includes extensive consultation with the affected people so that they can air out their concerns, interests and grievances. This consultation will ensure that
they own up the whole process of resettlement so that they do not oppose the
implementation of the overall project.
• Compensation: Involves ratifying compensation rates and also serves as dispute resolution body to negotiate and solve any problem that may arise relating to
resettlement process. If it is unable to resolve any such problems, will channel them
through the appropriate grievance procedures laid out in this RAP.
• Monitoring and Evaluation (M&E): Involves developing the monitoring and evaluation protocol for the whole process.
• Logistics: Involves exploring all mechanisms by which RAP can be implemented
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• Employment, Training and Counseling: Involves employment protocol in the project (if any) for those who cannot find alternative employment. The committee will also counsel
the PAPs both socially and economically.
4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN
Following the collection of the baseline data, market surveys for structures, land and crops a
resettlement action plan or compensation framework will be developed providing options for eligible PAHs and PAPs taking cognisance of the feedback from the various stakeholders.
Meetings will be set up to disclose the various resettlement and compensations options available for all PAHs and PAPs. At the meeting the resettlement, rehabilitation, assistance
and compensation options available will be discussed in broad general terms and further
meetings will be arranged to discuss with individual PAHs and PAPs the specific
resettlement, rehabilitation, assistance and compensation options that are applicable to them.
The following process will form the basis of compensation as per the KPLC, RPF but not limited as such:
� Land-base compensation will be the preferred option and will be based on the principle of equal productivity and/or value. Assistance with purchase and registry
will be provided and such land should be free from all encumbrances. � Payment of cash compensation for lost assets may be appropriate where: (i)
livelihoods are not land-based; (ii) livelihoods are land-based but the land taken for the project is a small fraction of the affected holding and the residual land is
economically viable; (iii) replacement land or housing of comparable quality is not available locally; or (iv) active markets for land, housing, and labor exist locally,
displaced persons use such markets, and there is sufficient supply of land and
housing. Cash compensation levels will be sufficient to replace the lost land and
other assets at full replacement cost in local markets. The PAH/PAP (owner)
receiving the compensation should be persuaded to operate through a joint account in
the name of both the entitled person and his or her spouse, unless the person is
divorced or separated. The purpose for which the money could be used will be
monitored by the monitoring team. The PAHs should be encouraged to invest in
creation of capital, property, payment of debts, or enhancing their livelihood. These
processes will be explained to the PAHs/PAPs in village level consultations held
before the land acquisition process, and in accordance with the schedule of
consultations outlined in the community engagement plan. � The PAHs/ PAPs should be encouraged to purchase alternative land with their
compensation (through the Land Purchase Assistance Programme LPAP), so as to facilitate their income restoration and return to their traditional activity of agriculture.
This assistance will be provided by the rehabilitation team. This team will assist the families in identifying alternate lands and will provide informa