abbreviated resettlement action plan -...

ABBREVIATED RESETTLEMENT ACTION PLAN FOR

THE CONSTRUCTION OF MWARIRO MARKET SITUATED IN NAIROBI CITY COUNTY

PROPONENT

REPUBLIC OF KENYA

MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT THROUGH NAIROBI CITY COUNTY

RAP CONSULTANTS

DATE: 2nd March, 2017

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Mwariro Market Final RAP Report

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ACKNOWLEDGEMENT

We, Impulso-Eco Plan-AWEMAC through this Resettlement Action Plan report for the Nairobi Metropolitan Services Improvement Project (NaMSIP) project, would like to acknowledge with great appreciation all the consultants that took their time and showed relentless effort towards achieving the desired deliverable of this assignment.

Our gratefulness is also unto the Nairobi City County Government, the Kariokor Market Administrator, the project area occupants, all stakeholders and respondents who participated in the whole process for their cooperation throughout the exercise.

Finally, we thank the Ministry of Transport, Infrastructure, Housing and Urban Development for believing in us and entrusting us with the work and for the support they provided every step of the way in ensuring that this Resettlement Action Plan (RAP) is successfully achieved; and World Bank for crediting the ministry with funding for the project.


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EXECUTIVE SUMMARY

The Ministry of Transport, Infrastructure, Housing and Urban Development through the Nairobi Metropolitan Services Improvement Project (NaMSIP) intends to upgrade 15 markets within the Nairobi Metropolitan Region. This initiative is financed by the World Bank with the objectives of providing an enabling physical space for organized markets; creating market linkages for products; fostering access to services so as to promote efficiency and quality of products and promoting reliable linkages with financial institutions. The goal is to enhance livelihoods especially for the urban poor who are operating as vendors in these select markets.

The Ministry through NaMSIP and the Nairobi City County Government (NCCG) identified and selected Mwariro as one of the target sites. Currently, the site is occupied by 16 PAPs as a youth Group, headed by a chairman and secretary. The youth group guards the site and at the same time undertakes gardening on a portion of the land. However, they are also engaged in other economic activities outside the market site. The PAPs are as tabled below.

Summary of People to be Affected Type of PAP Number in

Mwariro Market Proportion of total

Informal settlers 16 100%

According to World Bank’s Resettlement Policy, OP 4.12 involuntary resettlement, the NaMSIP Resettlement Policy Framework (RPF) and the guidelines from the National Land Commission, it is required that an independent Resettlement Action Plan (RAP) be prepared for any project that potentially causes physical, social and economic displacement to the individuals or community that derives either or both social and economic benefit on site set for development.

The main objective of this RAP was to ensure adherence to set guidelines and procedures in mitigating the adverse impacts that might occur during the project implementation in terms of displacement. Based on this requirement, IMPULSO-AWEMAC-ECOPLAN Consortium was engaged as an independent consultant to assist the Ministry of Transport, Infrastructure, Housing and Urban Development to develop a RAP to ensure that Project-Affected Persons (PAPs) are consulted so as to safeguard their socio-economic interests. This RAP builds upon public consultations, negotiations and agreements with the Nairobi County Government, youth group occupying the site and their head. This RAP also undertook to ensure that a proper inventory of assets on the project site was prepared and that stakeholders were properly consulted. The cut-off date for PAP enumeration was set as 10th August, 2016. The occupants have put up 2 small, temporary structures that serve as a bathroom and a security room. The summary of findings was as shown: The estimated resettlement cost of Mwariro Market is KES. 364,000.


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Summary of Estimated Values of Assets

Value of Developments on site Estimated Value (Kshs) Structures 40,000

Crops - Arrow roots, sweet potatoes, sugar cane etc. 0

Sub-Total 40,000 Loss of Business Estimated Value (Kshs)

16 PAPs 240,000

Riverside Youth Self-help Group 0

Sub-Total 240,000

Total of Sub-Totals 280,000

Administrative and Planning Costs Estimated Value (Kshs)

30% of overall budget 84000 Grand Total 364,000

Summary of Estimated Resettlement Budget Item Note Amount Kes Construction Costs

0

Administration and Planning costs

Add 30% design, planning and miscellaneous- This includes marking, allocation process, supervision, labour, security, professional fees etc0%

84,000

RAP budget 280,000 Total 364,000

The objectives of the study were met using systematic, integrated, participatory and collaborative approaches. Information was collected through field investigations, structured questionnaires, census, assets inventory, document reviews and photography. The RAP followed a standard outline as provided by World Bank’s guidelines as reflected in contracts Terms of Reference, which form the scope of this report. The level of detail included results of a reconnaissance study that formed the social baseline, a description of income restoration options, a description of procedures for grievance redress, institutional responsibilities for implementation, an entitlement matrix and a detailed budget with source of funds.

Following extensive consultative activities, this report proposes the following resettlement assistance:


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1. Resettlement Support: cash compensation for loss of livelihoods from employment and crops.

2. In-kind Assistance: Causal Employment during the market construction. 3. Allocation of stalls in the new market: to strengthen their income-

generating activities and loss of 2 shades.

There are many pieces of policies and legislation that relate to displacement of people and this report has reviewed the most relevant Policies reviewed are: The National Land Policy, the National Poverty Eradication Plan, the NaMSIP RPF and the Nairobi Metro Plan. The pieces of legislation reviewed include: The Constitution of Kenya of 2010, The National Land Commission Act of 2012, The Land Act of 2012, The Land Adjudication Act Chapter 95 of the Laws of Kenya, The Land Registration Act of 2012, The Urban Areas and Cities Act of 2011, National Gender and Equality Commission Act of 2011, HIV/AIDS Prevention and Control Act of 2006, The Roads Act of 2007, The Valuers Act, Cap 532, The Physical Planning Act, Cap 295, The Prevention, Protection and Assistance to Integrally Displaced Persons and Affected Communities Act of 2012, The Matrimonial Property Act of 2013, The Public Health Act, Cap 242 and the Environmental Management and Coordination Act, Cap 387 as well as other respective policies.

This RAP report provides for a grievance redress mechanism regarding allocation of new stalls which aggrieved persons should use to get their issues resolved. It proposes the creation of a committee to oversee the grievance redress process. Emphasis is laid on timely addressing of grievances to ensure quick project implementation, sustainability and economic development. Prompt and fair compensation and allocation of stalls in the new market for eligible traders is also highly recommended, but this should be done after a comprehensive audit on their eligibility is done. The report proposes, from the project’s feasibility study report, a schedule for implementation of activities and estimates a time period of 1 year for completion of the entire process of market construction, grievance redress and monitoring. Monitoring and evaluation will be undertaken to ensure that all potentially affected persons and stakeholders are happy and satisfied with the program and that their economic status is either improved or maintained in comparison to the pre-project period.


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ABBREVIATIONS AWEMAC Africa Waste and Environment Management Centre

CBOs Community-Based Organizations

DPs Displaced Persons

EMCA Environmental Management and Coordination Act

GDP Gross Domestic Product

GIS Geographical Information System

GMM Grievance Management Mechanism

GRC Grievance Redress Committee

HIV/AIDS Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome

IMU Independent Monitoring and Evaluation Unit

IRP Involuntary Resettlement Policy

MoTIH & UD

The Ministry of Transport, Infrastructure, Housing and Urban Development

NaMSIP NCC

Nairobi Metropolitan Services Improvement Project Nairobi City County

NEAP National Environmental Action Plan

NEC National Environmental Council

NEMA National Environment Management Authority

NGOs Non-Governmental Organizations

NLC National Land Commission

NLP National Land Policy

NMR Nairobi Metropolitan Region

NPEP National Poverty Eradication Action Plan

NPGD National Policy on Gender and Development

NWSC Nairobi Water and Sewerage Company

OP Operational Policy

PAPs Project-Affected Persons

PDO Project Development Objective

PEC Poverty Eradication Commission

PRSP Poverty Reduction Strategy Paper

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

SDO Social Development Officer

SMEs Small and Medium Enterprises

WB World Bank WSSD World Summit for Sustainable Development


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GLOSSARY OF TERMS

The Definitions of Terms have been acquired from the Kenyan Constitution and the World Bank Resettlement Handbook.

Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced.

Compulsory acquisition: means the power of the State to deprive or acquire any title or other interest in land for a public purpose subject to prompt payment of compensation;

Census: is a data collection technique of completing enumeration of all PAPs and their assets through household questionnaire. Census’s objectives are;

(i) To prepare a complete inventory of PAPs and their assets as a basis for compensation,

(ii) To identify non-entitled persons, and

(ii) To minimize impact of later influx of “outsiders” to project area.

Cut – off date: The date the enumeration begins. Persons occupying the project area after the cut- off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops and trees) established after the date of completion of the assets inventory or an alternative mutually agreed date will not be compensated.

Displaced persons: Persons who are affected by the involuntary taking or clearing of land or resulting in:

i. Relocation or loss of shelter

ii. Loss of assets or access to assets; or

iii. Loss of income sources or means of livelihood whether or not the affected persons must move to another location.

Economic displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) resulting from the construction or operation of a project or its associated facilities.

Entitlement: defines a right to receive mitigation measures such as compensation, income restoration, relocation assistance, and other support.

Freehold: means the unlimited right to use and dispose of land in perpetuity subject to the rights of others and the regulatory powers of the national government, County government and other relevant state organs;

Grievance: According to International Finance Corporation, a grievance is a concern or complaint raised by an individual or a group of stakeholders affected by real or perceived impacts of a company’s operations.

Grievance Redress procedures: set out the time frame and mechanisms for resolutions of complaints about resettlement from PAPs. Grievance redress can be


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provided through informally-constituted local committees with representation from key stakeholder groups. Grievances can also be addressed through formal channels, with unresolved grievances being dealt with at progressively higher levels.

Income restoration/Livelihood restoration/Rehabilitation: means the process to restore income earning capacity, production levels and living standards in a longer term.

Involuntary resettlement: Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement.

Land expropriation: Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses.

Physical displacement: Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location.

Project-affected person: Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily, business, occupation, work, place of residence or habitat adversely affected; or standard of living adversely affected.

Project sponsor: A corporate entity seeking World Bank financing for a project either directly or through a financial intermediary supported by World Bank.

Resettlement Action Plan (RAP): The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project.

Replacement cost: is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs.

(i) For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

(ii) For land in urban areas, it is the pre-displacement market value of land of equal Size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

(iii) For houses and other structures, it is the market cost of the materials to build a Replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are


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not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset.

Resettlement assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelter, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days.

Socio-economic survey: is carried out in order to prepare profile of PAPs and to prepare for Basic Resettlement Plan. About 20 percent sample of PAPs population is surveyed through household questionnaires.

The survey results are used:-

i. To assess incomes, identify productive activities, and plan for income restoration,

ii. To develop relocation options, and

iii. To develop social preparation phase for vulnerable groups.

Stakeholders: Any and all individuals groups organizations and institutions interested in and potentially affected by a project or having the ability to influence a project.

Structure owner PAPs: Project Affected Persons who own structures within the project area.

Tenant PAPs: Project Affected persons who lease either residential or business premises within the project area.

Valuer: means a valuer registered and licensed to practice as a valuer in accordance with the Valuers Act (Cap. 532);

Vulnerable groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.


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TABLE OF CONTENTS ACKNOWLEDGEMENT ...................................................................................................................... i

EXECUTIVE SUMMARY .................................................................................................................... ii

ABBREVIATIONS ................................................................................................................................ v

GLOSSARY OF TERMS ...................................................................................................................... vi

TABLE OF CONTENTS ...................................................................................................................... ix

LIST OF FIGURES .............................................................................................................................xiv

LIST OF TABLES................................................................................................................................xiv

LIST OF PLATES ................................................................................................................................xiv

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

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

1.2 Project Location .......................................................................................................... 2

1.3 Rationale for Improvement of the Market .................................................................. 3

1.4 Mwariro Market Improvement Project Objectives ..................................................... 4

1.5 Current State of Mwariro Market ............................................................................... 4

1.5.1 Site Environmental and Socio-economic Observations .............................................. 4

1.6 Proposed Market Structure ......................................................................................... 5

1.6.1 Water Supply and Reticulation ...................................................................................... 6

1.6.2 Sanitary Facilities ......................................................................................................... 6

1.6.3 Drainage ........................................................................................................................ 6

1.6.4 Fire Fighting .................................................................................................................. 6

1.6.5 Garbage Disposal .......................................................................................................... 6

1.6.6 Ventilation ..................................................................................................................... 7

1.6.7 Power ............................................................................................................................. 7

1.6.8 Lighting .......................................................................................................................... 7

1.6.9 Telecommunication Systems ...................................................................................... 7

1.6.10 Security .......................................................................................................................... 7

1.6.11 Building Structures ...................................................................................................... 7

1.6.12 Roads and Walkways ................................................................................................... 8

1.7 Environmental Considerations ................................................................................... 8

1.7.1 Water Storage ................................................................................................................... 8

1.7.2 Common Washing Trough/point ............................................................................... 8

1.7.3 Toilets ............................................................................................................................. 9

1.7.4 Flora ............................................................................................................................... 9

1.7.5 Fauna ............................................................................................................................. 9


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1.7.6 Use of Plants to enhance the Scenic Beauty of the Market ..................................... 9

1.8 Solid Waste Management ........................................................................................... 9

1.8.1 Proposed effective Ways of Managing Solid Waste in Mwariro Market................... 9

1.8.2 Solid Waste Categorization and Segregation ............................................................ 9

1.8.3 Access and Point Collection ...................................................................................... 11

1.9 Objectives of the Resettlement Action Plan ............................................................... 11

1.10 Terms of Reference for the RAP ................................................................................. 11

2. IDENTIFICATION OF PROJECT IMPACTS AND AFFECTED POPULATION ............... 13

2.1 Mapping .................................................................................................................... 13

2.2 Census ....................................................................................................................... 13

2.3 Inventory of affected assets ....................................................................................... 14

2.4 Socio-economic Studies ............................................................................................ 16

2.5 Analysis of Surveys and Studies ................................................................................ 16

2.6 Categories of Imapcts ............................................. Error! Bookmark not defined.1

2.6.1 Loss of business shades ................................................................................................. 22

2.6.2 Loss of Income ............................................................... Error! Bookmark not defined.2

2.6.3 Hampered Access to sanitation and water ................................................................... 222

2.6.4 Others Structures ………………………………………………………………………………………….23

2.6.7 Assistance Benefits and Development Opportunities ............................................... 233

2.6.8 Measures to minimize resettlement Impacts ………………………………………………………………………..23

3. RELEVANT LOCAL AND NATIONAL POLICIES AND LAWS ......................................... 244

3.1 Introduction ............................................................................................................ 244

3.2 National Policy Framework..................................................................................... 244

3.2.1 Kenya Vision 2030 ................................................................................................... 244

3.2.2 National Environmental Action Plan (NEAP) of 1994 ........................................ 244

3.2.3 The National Poverty Eradication Plan (NPEP) of 1999 .................................... 244

3.2.4 The Poverty Reduction Strategy Paper (PRSP) of 2000 ..................................... 255

3.2.5 Environment and Development (Sessional Paper No. 6 of 1999) ..................... 255

3.2.6 Nairobi Metro 2030 ................................................................................................. 255

3.2.7 The National Land Policy (2007) ........................................................................... 266

3.2.8 Public Health Policy of 2014 ................................................................................... 266

3.2.9 HIV/AIDS Policy of 2009 ....................................................................................... 266

3.2.10 The National Gender Policy of 2001 ...................................................................... 277

3.2.11 Resettlement Policy Framework (RPF) for NaMSIP, 2011 ................................. 277


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3.3 Relevant Local Laws and Customs for Resettlement .............................................. 277

3.3.1 The Constitution of Kenya of 2010 ........................................................................ 277

3.3.2 The National Land Commission Act, 2012 ........................................................... 288

3.3.3 The Environment and Land Court Act, 2012 ....................................................... 288

3.3.4 The Land Act 2012 ................................................................................................... 299

3.3.5 The Land Registration Act of 2012 ........................................................................ 299

3.3.6 National Gender and Equality Commission Act, 2011 ........................................ 299

3.3.7 HIV/AIDS Prevention and control Act (Act No. 14 of 2006) ............................... 29

3.3.8 Kenya Road Act, 2007 ............................................................................................... 30

3.3.9 The Valuers Act Cap 532 ........................................................................................... 30

3.3.10 The Physical Planning Act, cap 286 ......................................................................... 30

3.3.11 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 .............................................................................................. 30

3.3.12 The Sexual Offences Act (No. 3 of 2006) ................................................................ 31

3.3.13 Urban Areas and Cities Act, 2011 ............................................................................. 31

3.3.14 The Public Health Act (Cap. 242) ............................................................................ 31

3.3.15 Environment Management and Coordination Act, Cap 387 ................................ 32

3.4 County of Nairobi Legislations.................................................................................. 32

3.4.1 The Nairobi City County Environmental Management Authority Bill, 2014 .... 32

3.4.2 Nairobi City County Solid Waste Management Act, 2014 .................................... 32

3.4.3 The Nairobi City Disaster and Emergency Management Act, 2015 .................... 32

3.4.4 The Nairobi City County Housing Corporation Bill, 2014 .................................... 33

3.4.5 The Nairobi City Carry Bags Control Act, 2014...................................................... 33

3.4.6 The Nairobi City County Markets Policy ................................................................. 33

3.5 International Framework .......................................................................................... 33

3.5.1 The World Bank’s Involuntary Resettlement Policy (OP 4.12) ............................ 33

Policy Objectives ......................................................................................................................... 34

3.5.2 Similarities between the Government of Kenya (GoK), and World Bank Guidelines .................................................................................................................................... 35

4. COMPENSATION FRAMEWORK ........................................................................................... 39

4.1 Introduction .............................................................................................................. 39

4.2 Compensation/ Resettlement Assistance ................................................................. 39

4.3 Eligibility for Assistance ............................................................................................ 39

4.4 Responsibility and Schedule of Compensation ........................................................ 40

4.5 Entitlement Matrix ................................................................................................... 40


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5. RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION ............................ 43

5.1 Introduction .............................................................................................................. 43

5.2 Selection and Preparation of Resettlement Site ....................................................... 43

5.3 Influx Management ................................................................................................... 43

5.4 Relocation Schedule and Assistance ......................................................................... 43

5.5 Replacement of Services and Enterprises ................................................................. 43

5.6 Livelihood Restoration .............................................................................................. 43

5.7 Special Assistance to Vulnerable Groups .................................................................. 44

6. BUDGET AND IMPLEMENTATION SCHEDULE ............................................................... 45

6.1 Introduction .............................................................................................................. 45

6.2 Implementation Timelines ........................................................................................ 48

6.3 Risks to Implementation and Mitigation Measures ................................................. 49

6.3.1 Inadequate Provision for Entitlements ................................................................... 49

6.3.2 Unclear Sources of Funding ...................................................................................... 49

6.3.3 Lack of Prior Compensation of PAPs before Moving of the Traders ................... 49

7. INSTITUTIONAL ARRANGEMENTS .................................................................................... 50

7.1 Introduction .............................................................................................................. 50

7.2 The Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH & UD) ..................................................................................................................... 50

7.3 City County of Nairobi .............................................................................................. 50

7.4 County Commissioner’s Office .................................................................................. 50

7.5 National Environmental Council (NEC) ................................................................... 51

7.6 Market Committees ................................................................................................... 51

7.7 Resettlement Coordinating Committee .................................................................... 51

8. CONSULTATION AND PUBLIC PARTICIPATION .............................................................. 52

8.1 Introduction .............................................................................................................. 52

8.2 Directly Affected People ............................................................................................ 52

8.3 Indirectly Affected People ......................................................................................... 52

8.4 Methods and Approach Used to Conduct Stakeholder Participation ....................... 53

8.4.1 Consultative Meetings ............................................................................................... 53

8.4.2 Socio-Economic Survey ............................................................................................. 55

8.5 Issues Raised During Consultation and Public Participation ................................... 55

9. GRIEVANCE REDRESS MECHANISM .................................................................................. 56

9.1 Introduction .............................................................................................................. 58

9.1.1 Receiving Grievances ..................................................................................................... 59


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9.1.2 Steps in Dealing with Grievances ............................................................................. 59

9.2 Mediation Organizations .......................................................................................... 60

9.3 Grievance Redress Committee and its Procedures .................................................. 60

9.4 Mechanism for Appeal .............................................................................................. 47

9.5 Redress Monitoring Mechanism ............................................................................... 47

9.6 Closure of Grievance ................................................................................................. 47

10. MONITORING AND EVALUATION ................................................................................... 49

10.1. Introduction .............................................................................................................. 49

10.2. Monitoring and Evaluation ....................................................................................... 49

10.2.1 Internal Monitoring ................................................................................................... 49

10.2.2 External Monitoring and Evaluation ....................................................................... 49

10.2.3 Methodology for Monitoring .................................................................................... 50

10.2.4 Data Collection ........................................................................................................... 50

10.2.5 Data Analysis and Interpretation ............................................................................. 50

10.2.6 Reporting ..................................................................................................................... 50

11. CRITERIA FOR RAP DISCLOSURE .......................................................................................... 51

REFERENCES .................................................................................................................................... 52

ANNEXES ........................................................................................................................................... 55

Annex i: Survey Plan for Mwariro ........................................................................................ 55

Annex ii: Layout Map for Mwariro ...................................................................................... 55

Annex iii: Terms of Reference .............................................................................................. 55

Annex iv: PAP Summary Information ................................................................................. 55

Annex v: Census and Asset Inventory Tool .......................................................................... 55

Anne vi: Nairobi County Markets Policy .............................................................................. 55

Annex vii: Public Meeting Notice ......................................................................................... 55

Annex viii: Minutes of the Public Meeting ........................................................................... 55

Annex ix: Attendance Sheets of Public Meeting .................................................................. 55

Annex x: Complaints Form .................................................................................................. 55

Annex xi: Grievance Acknowledgement Form ..................................................................... 55

Annex xii: Grievance Resolution Form ................................................................................ 55

Annex xiii: Sample Monitoring and Reporting Format ....................................................... 55


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LIST OF FIGURES Figure 1: Nairobi Metropolitan Region (NMR) ................................................................................ 1 Figure 2: Location of Mwariro Market .............................................................................................. 3 Figure 3: Aerial View of the Proposed Mwariro Market ................................................................. 5 Figure 4: Level of Education ................................................................ Error! Bookmark not defined. Figure 5: Language of Communication ........................................................................................... 18 Figure 6: Distance to the Market ..................................................................................................... 20 Figure 7: Tenancy Duration .............................................................................................................. 20 Figure 8: Grievance Escalation Matrix ........................................................................................ 63

LIST OF TABLES Table 1: Proposed Arrangement of Market Segments ..................................................................... 5 Table 2: Mwariro Market Plot Coordinates .................................................................................... 13 Table 3: Elements of the Census conducted ................................................................................... 14 Table 4: Types of PAPs in Mwariro Market .................................................................................... 14 Table 5: Inventory of Assets .............................................................................................................. 16 Table 6: Comparative Analysis between World Bank O.P 4.12 and Kenyan Legal Context with regard to Resettlement Process ........................................................................................................ 35 Table 7: Entitlement Provisions for Different Categories of PAPs .............................................. 40 Table 8: Categories of PAPs and Assets and Corresponding Legal Entitlements ..................... 41 Table 9: Entitlement Matrix for Mwariro Market ......................................................................... 42 Table 10: Proposed RAP Budget for Mwariro Market .................................................................. 46 Table 11: RAP Implementation Activities and Timelines ............................................................. 48 Table 12: Stakeholder Matrix............................................................................................................ 52 Table 12.1 Issues and Responses ……………………………………………………………………………………………………59

LIST OF PLATES Plate 1: Current state of Mwariro Market with existing structures ............................................. 16 Plate 2: Data processing and verification at YMCA, Nairobi ....................................................... 17 Plate 3: Gardening at Mwariro Market ........................................................................................... 22 Plate 4: Section of Mwariro Market showing Water Point ........................................................... 53 Plate 5: Ongoing Public Consultative Meeting at Mwariro Market ............................................ 53 Plate 6: Riverside Youth Self-help Group Photo after Public Meeting ....................................... 54 Plate 7: Field Assistants undergoing Training at Capital Club, Westlands ................................ 55

1. INTRODUCTION

1.1 Background The Government of Kenya has received funds from World Bank and other foreign institutions to undertake major development projects at the county levels. Nairobi Metro 2030 is part of the overall national development agenda for Kenya which is encapsulated in Kenya Vision 2030. Following this effort, the Nairobi Metropolitan Region (NMR), shown in figure 1, through the National Government and respective County Governments intends to upgrade its dilapidated infrastructure, inclusive of markets, in order to achieve an economically, socially and environmentally sustainable modern capital. The Ministry of Transport, Infrastructure, Housing and Urban Development has identified initiatives to address and realize the vision of a World Class City by initiating the Nairobi Metropolitan Services Improvement Project (NaMSIP) whose aim is to strengthen transport, water supply and solid waste management services in the Nairobi Metropolitan Area and to support the institutional development associated with these services.

Figure 1: Nairobi Metropolitan Region (NMR) Source: NaMSIP Resettlement Policy Framework

Nairobi Metropolitan Services Improvement Project (NaMSIP) is a World Bank Funded Project under the State Department of Nairobi Metropolitan Region in the Ministry of Transport, Infrastructure, Housing and Urban Development. NaMSIP’s mandate is to


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strengthen service delivery in the Nairobi Metropolitan Region (NMR) on various selected projects by investing in local infrastructure (markets, roads, street lighting, bicycle and pedestrian pathways, drainage, among others) and in providing large-scale metropolitan infrastructure in the areas of trade, solid waste management, transport, sewerage services, among others.

Among the select components earmarked for improvement, are fifteen (15) existing and new markets within NMR. Although population density in the markets has created opportunities due to concentrated demand for goods and services, employment and land and other natural resources, it has also created concentrated problems such pollution, congestion, encroachment to road reserves and general unsanitary problems within the NMR markets. Mwariro market is among the 15 markets and one of 4 select markets in Nairobi County set for construction. NAMSIP has the following four major components;

• Institutional Reform and Planning • Local Government Infrastructure and Services • Metropolitan Infrastructure and Services • Project Management, Monitoring and Evaluation

A consortium of three local firms (Impulso Kenya Limited, Ecoplan Management Limited and Africa Waste and Environment Management Centre- AWEMAC) was contracted through competitive bidding to undertake independent Resettlement Action Plans for each of the 15 markets.

1.2 Project Location Mwariro market is located in the central zone of Nairobi City County (NCC), in Ziwani ward, 500 meters Southwest of Kariokor Market on GPS location (-1.280503, 36.832967). The market sits on approximately six acres of land bordering Ring Road Ngara to the North, Quarry Road to the East, Kombo Munyiri Road to the South and Ring Road to the West as shown in Figure 2 below. A survey Plan for the market is attached as Annex I.

The name of the market was derived from the trade of scrap metal that was being done on site before. The then local government leased the parcel to a private developer. The market was designated to be a tourist market by the then Nairobi City Council under Private Public Partnership (PPP) but by then Kenya lacked a working PPP framework and the project would not therefore take off.



Figure 2: Location of Mwariro Market Source: Impulso-EcoPlan-AWEMAC Consortium

1.3 Rationale for Improvement of the Market The following are major drivers for improvement of the market:

• Changing organizational structure of commerce – e.g. Increasing volumes of produce handled; alterations to commercial practices and trading patterns, such as the private sector taking over markets

• Demographic factors – e.g. Overall increase in population of the city and population shifts within cities

• Changing transportation patterns – e.g. Increased traffic growth and resulting congestion; shifts in transport mode (i.e. the proportion of different types of vehicles); changes in the capacity and size of delivery and distribution trucks

• Changes precipitated by new legislation and greater public awareness – e.g. New City planning controls and zoning regulations; new environmental impact and energy conservation controls; increasing consumer-protection laws, including new public health, food quality and safety regulations

• To obtain an increased value for an asset, allowing higher rents and charges to be introduced;

• To use of an asset more effectively; • To achieve reductions in overall costs (of maintenance, wages, services and

other costs); • To allow the adoption of new operating procedures and equipment; and • To comply with statutory requirements (such as public health, safety and

environmental standards).



1.4 Mwariro Market Improvement Project Objectives • To improve the economic benefit of the site to Nairobi County and local traders • To improve operations and maintenance of the site • To increase water and sanitation availability • To enhance safety and security within and around Mwariro Market

1.5 Current State of Mwariro Market The market site is fenced out with two access points. Three quarters of the land was excavated for commercial gravel by the lessee for use in construction of the roads surrounding site. The quarry has stagnant water and marshland. Existing infrastructure on site includes a supply of clean water from Nairobi Water and Sewerage Company and a sewer line that cuts through the property with a way leave of 6meters that extends to approximately 140 meters long. The sewer line will be relocated to the Boundary of the plot during construction. The costs of relocation have been included in the bill of quantities of the construction works. The land is enclosed by four tarmacked roads and residential and commercial buildings. The site is accessible via Ring Road and Ring Road Ngara from the Nairobi CBD, and via quarry road and Kombo Munyiri road from the nearby estates. The site also has a temporary iron sheet security shade belonging to Riverside youth group and a bath-shelter. A layout map of the area is attached as Annex II. The market is not operational as at now.

The vendors who operate in areas surrounding the market are running business and will not be affected such as follows:

• Green grocers • Food stuffs • Shops • Food kiosks/ restaurants • Sellers of Second hand clothes, shoes, bags, mosquito nets • Charcoal • Butchery • Selling movie and music CDS • Shoes • Hardware • Motor vehicle Spares shop • Mechanic/garages • Car wash • Used engine oil • Scrap metal • Empty containers, buckets and drums

1.5.1 Site Environmental and Socio-economic Observations • There is lack of a storm water drainage system which risks the pollution of Nairobi

River waste and effluents find their way into storm water drainage from the market at the operational phase.

• There is need to reconstruct/shift the sewer line to accommodate the large capacity of vendors and customers.



• There is need to increase water connection network throughout the market and need for provision of storage facilities to cater for periods of water shortage.

• There is need to set up of power distribution and back-up. • There is need for provision for sanitary facilities, catering facilities, office and first

aid, parking space and other social facilities such as ATM lobbies.

1.6 Proposed Market Structure The proposed new market building will house vendors. Service bays and improved pedestrian and vehicular entry and exit points shall be constructed. The proposed market design is as shown in figure 3. An example of a typical arrangement accommodating all of the expected traders is as shown in the table below: -

Table 1: Proposed Arrangement of Market Segments

Level Activity Ground floor Mechanics, Garages and spares, Car wash

Green grocers, Food kiosks, Hardware Motor vehicle Spares shop, Charcoal, Live chicken, Butchery, Carpentry, Used paints and empty containers

First floor Sellers of Second hand clothes, shoes, bags, mosquito nets

Second floor Selling movie and music CDS, Money exchange (MPESA) agents, Electronics, Salons, Barber shops

Figure 3: Aerial View of the Proposed Mwariro Market Source: YMR Architects



1.6.1 Water Supply and Reticulation Mwariro market is served by a NCC water line which can be used to serve the new market.. An underground water storage tank and an overhead water storage tank for the market has been proposed. A pump will be used to pump water to the overhead tank and a gravity fed system employed to supply water to the required areas.

1.6.2 Sanitary Facilities Use of Asian type toilets combined with a flush valve system in the washrooms will be the best vandal proof and hygienic system to use for the market. With a proper facilities maintenance system, the washrooms will serve the users efficiently. Use of push taps for the wash basins will be an efficient way of reducing water usage in the washrooms unlike the knob type where the taps can be left running for long periods of time. Use of a high level cistern for the urinals with distributed flush mechanisms will suffice in cleaning the urinals.

Water supply standpipes or tubes wells will preferably be at least 25M from any user and must not exceed 50M away from the furthest user. Meat and fish stalls will have water adjacent to the stalls.

Toilets and urinals will be at maximum distance of 50M-100M from users.

1.6.3 Drainage An ideal site when considering drainage is one that is sloping gently away from the road because the site can be drained naturally. If the site is flat or complicated, the drainage will be laid out before any other structures are made.

Foul Drainage: The market site currently has Nairobi City County (NCC) sewer line passing through it which serves the surrounding area. The proposed market facilities can drain into this existing sewer line.

Rainwater drainage: There is need for proper rain water drainage reticulation in the market site. The market will need to be connected to the storm water drainage. PVC gutter system coupled with PVC rainwater down pipes for rain water drainage can be incorporated depending on the Architectural design.

1.6.4 Fire Fighting The existing site has no firefighting or fire detection equipment and procedures. Fire hose reels and fire extinguishers will be located in prime locations to ensure that quick response and corrective action when there is a fire outbreak. This will be based on Architectural design. They will be encased in cabinets with break glass to discourage theft.

Smoke detectors in the stalls and heat detectors in the food cooking /serving areas will be installed to ensure fires are detected early before spreading.

1.6.5 Garbage Disposal There is no set garbage collection point or procedure in the market site. Garbage collection bins will be located in various parts of the market for recycling materials and non –recyclable materials. The maintenance team will be responsible for collecting the garbage and deposit them in the main receptacles where the County council will be collecting the non-recyclable material and the materials to be recycled sold off to recycling companies. Dustbins and garbage will be within 25M-50M from the furthest user.



1.6.6 Ventilation The market design will incorporate restaurants which necessitate ventilation of the kitchens. The air changes required per hour for the kitchens will be used to determine extract fan and duct sizes. UPVC pipe ducts can be used in place of aluminum ducts to cut costs. This forced ventilation will provide a much more habitable work environment.

The other areas will use natural ventilation from windows and doors.

1.6.7 Power A switch room with a meter board will be required for power distribution to the different stalls. Power requirement to the stalls will be calculated based on area and designated use. This will allow us to confirm whether the existing transformer will be sufficient to cater for the improved market. Power points will be installed in the market stalls to enable traders to connect their equipment and devices. There will be check meters for every stall for management purposes. Provisions for expansion will also be taken into consideration. Cabling to and from the switch room will be done by use of cable trays for efficient and neat cable management.

1.6.8 Lighting

External lighting:

For security reasons, movement of security guards and to explore the possibilities of 24 hour markets, wall mounted lights and flood lights will be used to effectively light up the market.

Internal lighting: The lighting levels in the stalls need to be of a high standard of luminance. LED lights will be used to provide sufficient lighting. LED lights have a longer lifespan and reduce electricity bill as compared to other lighting methods. The number of light fittings will be dependent on the Architectural design.

1.6.9 Telecommunication Systems Access to internet is essential to have a modern market. ICT infrastructure will be provided for in the market to support the service provider. This will enhance communication between the buyers and sellers where orders can be placed online and to increase the trader‘s coverage.

1.6.10 Security CCTV cameras located at strategic locations will be installed to help curb the insecurity in the market area. With the inclusion of ICT infrastructure, the security system can be linked to an emergency backup service provider to ensure quick response.

The DVR and CCTV monitors will be located in security room. Security lamp will be placed at 15M – 25M intervals.

1.6.11 Building Structures Stalls: will be simple to cut on construction costs. Need good ventilation; be clean, well-hit and sheltered from direct sunlight. They will be at least 2.4x3.0 M.

Stores: will be lockable with the front wall either half or whole capable of opening up.



Burglarproof vents are made at least 2.1 M high on all sides. They may be constructed back to back with stalls.

Shops: they may be used for functions like tailoring, flower vending, groceries etc. a combination of two or three stalls can constitute a shop.

Meat stalls: All the openings to these stalls will be made insect proof and fly-trapped. The walls will be of concrete to prevent wear due to frequent scrubbing. Water, cold storage, good ventilation, security, showers and staff changing room will be provided.

Offices: these may include ticketing offices and administrative offices. The latter ought to be at a vantage point for ease of supervision of market activities.

Fences and perimeter walls: these shall aid revenue collection at the gate besides being security measures. A good fence will allow cross ventilation.

1.6.12 Roads and Walkways Road widths will be as follows:

• Single lane road width 3.5 M; • One-way road width 7M • Two-way road width 12M

Parking areas will be 4.8M by 2.4M per car providing 2-5 spaces to the shoppers per 100M2 of sales area, the parking being not further than 100M from the market. Parking for pickups and trucks is 8M by 3.68M and 11M by 3.68 M respectively.

Width of sidewalks will not be more than 2.5 M and where roadside stalls are to be accommodated; will not be less than 5.2 M. Pedestrian walkways will be well drained, paved and shaded where possible. They will be at about 2.4M wide to allow for free walking as well as easy viewing of goods on sale.

1.7 Environmental Considerations

1.7.1 Water Storage In planning the construction, there will be adequate water storage in form of both underground and raised tanks. The size of these tanks will adequately provide the number of traders expected to be hosted by the market. This storage will come in two folds, both as storage for water to be used during fire emergencies within the market and water to be used during water shortages.

1.7.2 Common Washing Trough/point A common washing point will be provided within the market with modern water conserving taps installed. This point will be away from the stalls and out in an open place within the market compound. This will ensure no water gets in the stalls which instead can lead to dampening the stalls and causing foul smell in the market.

Every trader will use this point to do any kind of washing, e.g. washing of fresh produce from the farm. The washing point will be cleaned regularly by a County worker or traders in a merry go round cleaning process.



1.7.3 Toilets Modern toilets which would adequately serve the expected number of traders in the market will be planned for to be constructed. The area being well connected to sewer line, these toilets will be connected to the sewer lines for a quality and perfect management of sewer. Sinks will be installed in the toilets and connected to tap water from the storage tanks. This will enable traders wash their hands after visiting toilets and maintain high level of cleanliness. This reduces chances of brake out of communicable diseases such as amoeba and cholera.

Toilets will also be located at a safe distance from the stalls and furthest from section where food products are sold. This reduces chances of flies moving to and fro both the food products and toilets, hence minimizing chances of diseases braking out.

1.7.4 Flora Flora being a collective plant organism of a given locality at a given time, the plant life present at the site is majorly composed of plants that dwell in swampy areas. This is as a result of a depression that might have been created when the site was being used as a quarry in the past. Due to dumping by people in the neighbourhood, rain and surface runoff, this depression was filled with water which became stagnant, creating a swamp. Plants that were visible at the time of visit were reeds of different species, water lilies and liver warts. Also present were shrubs, several bushes, grasses and a few trees i.e. Acacia tree. There are no protected plants at the site currently which would require a special attention during planning and construction.

1.7.5 Fauna At the time of visit, butterflies and birds of different species and colors were observed. There were few lizards crawling at the site. Some of the animals that were not observed but are likely to be present at the site include and not limited to, frogs, monitor lizards, mud fishes, spiders and snakes. There are no protected animal lives at the site currently that would require special attention during planning and construction phases.

1.7.6 Use of Plants to enhance the Scenic Beauty of the Market A few areas, majorly at the peripheral areas of the market will be planned for during construction to be set aside and planted with grasses and flowers. This would increase the scenic beauty of the market, provide resting areas for both customers and traders and enhance free flow of fresh air by provision of oxygen by these plants.

1.8 Solid Waste Management

1.8.1 Proposed effective Ways of Managing Solid Waste in Mwariro Market

Solid waste management will be a shared responsibility among all the actors who are the County government, generators, contracted and licensed waste handlers, owners and occupiers of premises.

1.8.2 Solid Waste Categorization and Segregation Solid waste that will be generated in the market will be divided into various categories depending on their physical or chemical characteristics and necessary manner of handling of such waste be provided, ensuring a guarantee of health and safety of all including waste handlers and the wellbeing of the environment. This will also be



enhanced by division of these stalls according to product and goods sold. Categories of solid waste to be produced in the market might include, and not limited to:

• Municipal waste- Waste that is majorly composed of solid material and mainly produced within a municipal region and area of high population.

• Market waste- As the name suggests, these are wastes that are produced within a market area and other areas of trading. They mainly compose of the dominant goods sold within a specific market.

• Agricultural/Organic wastes- These are wastes that are mainly from farm products that are sold in a market, e.g. banana and orange pills, vegetable wastes and many other green farm produce wastes.

• E-waste- These are electronic wastes that are mainly left out after electronic appliances brake down beyond repair. They compose of mother boards of radios, televisions sets and many more.

• Plastic waste and paper wastes- These are wastes that are from materials that are made of plastics. They mainly compose of polythene bags, broken plastic chairs and tables and many others.

• Junk waste- Junk waste is mainly waste from garages and car wash found around these markets. They mainly compose of old metals from old cars and repaired vehicles.

The Nairobi City County has come up with method to code litter bins, liner bags and other solid waste bags. This facilitates waste segregation at their points of generation i.e.

▪ Green liner container for organic wastes

▪ Blue liner container for plastic and paper wastes

▪ Brown liner container for any other waste

The following information will be clearly printed or marked of the liner bags, litter bins or containers:

• The name and logo of the service provider • Address and phone number of the service provider

Traders will keep every litter bin and refuse containers continuously covered when not in use so as to prevent any escape of its content thereof or any soakage there from into the ground, except when the refuse is being removed or put in. Traders will also ensure that the refuse containers and litter bins are kept reasonably clean and maintained in good conditions. Traders will also ensure safe and sanitary disposal of their wastes in the right refuse container. Traders and customers in these markets will be educated on solid waste management in order to enhance the level of awareness and knowledge of all the market users on general and specific aspects of sound solid waste management and to promote and sustain individual practical steps to ensure that waste is managed in a manner which will protect human health and the environment against adverse effects which may result from the waste.

Litter bins will be movable and with wheels, hence can be pushed down and up a ramp if the market will be storied. This ensures safer movement of waste without spilling them on the ground. There will be a designated point where these bins are kept ready for



emptying into a truck managed by the Nairobi City County or a licensed waste collector on a weekly or twice a week basis.

1.8.3 Access and Point Collection Every stall shall be provided with a litter bin. The stalls shall then be serviced by a sweeper with a cart who exchanges empty bins for full ones and then empties the bins into a large container stationed in an area immediately adjacent to the market for collection by a lorry managed by the Nairobi City County or a licensed waste collector.

1.9 Objectives of the Resettlement Action Plan • To identify the affected persons • To identify impacts of the proposed project and affected people (if any) • To review relevant laws and policies for the implementation of RAP • To identify institutional responsibilities for the RAP before and during project

implementation • To inform affected persons on their options and rights related to resettlement • To approximate the estimated compensation costs and mechanisms • To document any resettlement assistance that may be required • To report on findings from public participation and consultation • To propose a grievance redress mechanism • To design a monitoring and evaluation plan for continuous assessment of project

resettlement activities

1.10 Terms of Reference for the RAP The consultant undertook the assignment by preparing an independent RAP report for the market as provided in the Terms of Reference in the contract. (See copy of ToR in Annex III.

• Identification of Project Impacts and Affected Population- This covered: mapping of project area; census of affected populations to identify eligible persons; inventory of affected assets; socioeconomic studies; analysis of surveys and studies and consultation with affected persons concerning assistance benefits and development opportunities

• Legal and Regulatory Framework – The consultant reviewed, Pertinent international, national laws, regulations, relevant World Bank safeguard policies governing resettlement and rehabilitation.

• Compensation Framework: The framework provides valuations, compensation details, eligibility for assistance, entitlement matrix and responsibility and schedule for compensation payments

• Resettlement Assistance and Livelihood - The consultant covered the following aspects: selection and preparation of the resettlement site; influx management; relocation schedule and assistance; replacement of services and enterprises; livelihood restoration; treatment of cultural property and special assistance for women and vulnerable groups.

• Organizational Responsibilities: The RAP report comprehensively indicates the roles of the Ministry of Transport, Infrastructure, Housing and Urban Development; World Bank, County Governments and the Project Affected Persons (PAPs) (mainly youth).



• Consultation and Participation: In the development of Resettlement Action Plan the Consultant fostered information exchange and highly promoted PAPs and stakeholders’ participation as shown in the report.

• Grievance Redress Mechanism: The Consultant has provided the procedures of receipt and processing of complaints from PAPs and actions to be taken on any issue raised by them to avail services more effectively.

• Monitoring and Evaluation: The report has provided a framework on, performance monitoring, impact monitoring and completion audit.



2. IDENTIFICATION OF PROJECT IMPACTS AND AFFECTED POPULATION

2.1 Mapping The project location was mapped using the expertise of independent planners and surveyors. Mapping also provided a spatial reference of the area and its land use/development potential. Factors considered included site location, access, and visibility, current and/or proposed neighborhood uses, topography, views, vegetation, and other natural and/or man-made features. A sewer line of about 140M long and 15 m wide (with area acreage of 0.5 acres)cuts across the land at coordinates 1°16’S, 36°60’E and 1°16’S, 36°49’E (see layout map in Annex II).

Table 2: Mwariro Market Plot Coordinates

LATITUDE LONGITUDE Mwariro Market Centre 1°16'49.87"S 36°49'59.11"E Corner 1 1°16'47.55"S 36°49'59.58"E Corner 2 1°16'49.19"S 36°50'1.45"E Corner 3 1°16'52.51"S 36°49'58.39"E Corner 4 1°16'50.51"S 36°49'57.51"E

2.2 Census In ensuring smooth project implementation, the consultant undertook due diligence and consulted asset owners onsite. Their entitlements are comprehensively detailed in the chapter on Compensation Framework. Census was undertaken for the site for one day on 10th August, 2016 because there were a few occupants/squatters to be displaced. Most traders are operating along Ring Road Ngara but these traders were not considered in the census because they are not project affected persons as they do not occupy the site. The traders who operate in the surrounding areas will be eventually be affected during the construction phase of the market i.e dust and noise. The cut-off date for census was thus set as 10th August, 2016. The procedure followed in conducting census was:

i. Twenty (20) Field assistants were recruited in June, 2016 and training undertaken on 21st June, 2016 with at Capital Club, Westlands. The training was undertaken jointly by the RAP Team Leader, the Assistant RAP team leader, the project valuer assisted with all other project consultants. The content of the training included an introduction to the NaMSIP project, guidelines on how to interview potential PAPs and how to capture asset information.

ii. The census and asset inventory tool was then subjected to field testing with a few of the field assistants in pairs with the guidance of the project valuer and project technical assistants. Assistants were then paired to ensure efficiency of the exercise and for security purposes.

iii. Stakeholder meetings for Mwariro market were held with representatives of market occupants and city county officials to gain awareness and public acceptance and ownership of the intended project.

iv. During the census, field supervisors with the help of the youth group officials identified project affected persons (PAPs) and registered them with forms that bore PAP’s personal details and unique serial numbers. The forms were left with PAPs as proof that they had been enumerated and not a guarantee of relocation



assistance. PAPs were also required to provide copies of their IDs for record purposes.

v. Census Survey: PAP registration was followed by a socio-economic survey and inventory of assets done by well-trained field assistants who were graduates.

vi. After registration and interviews PAPs then took passport size photos within the site. Photography experts were enlisted to take photos and reconcile them with the given serial numbers.

vii. The field questionnaires were then forwarded to the statistician for analysis of the data.

The total number of PAPs registered following the complete census was 16 persons, who have come together and registered a Community Based Organization called the Riverside Youth Self Help Group CBO .

Table 3: Elements of the Census conducted

Census and asset inventory Information sources Determining eligibility for entitlements Registration records with onsite

verification Determining categories of entitlements Information from survey regarding type

and extent of impact Providing basis for valuation and compensation

Onsite assessment of quality and quantity of assets

The census exercise yielded a total of 16 PAPs. These aforementioned PAPs belong to the registered youth group known as Riverside Youth Self Help Group that is currently carrying out some small-scale gardening and selling water. The table below shows the types of PAPs at Mwariro market as shown in table below. A summary of the PAPs is given in Annex IV.

Table 4: Types of PAPs in Mwariro Market

Type of PAP Number in Mwariro Market

Proportion of total

Informal settlers 16 100%

2.3 Inventory of affected assets The procedure used in carrying out inventory of assets was:

Step 1: Identification of Boundaries and referring to terms of reference:- This involved confirming the extent of the boundaries so as to ensure only the assets within the boundaries were inspected. The GIS Expert established the 4 coordinates of the market plot to establish the boundaries of the plot. The coordinates of the middle point of the plot was also taken. Where assets outside the physical boundaries were to be valued, we referred to the Terms of Reference (see annex III) set out in the project’s contract document. Only assets to be impacted were therefore considered.

Step 2: Physical Inspection of Assets: -This involved physical inspection and identification of materials used; especially for the floors, walls and roofing; done by



assistants under the guidance of the valuer. A list of all stationary assets was taken for each trader and a detailed description of the assets was done. In Mwariro, 2 shades/structures were identified and documented.

Step 3: Determination of ownership: Through the data collection tool; ownership of the structure was determined. This helped to confirm whether the structures were owned by the person trading thereon or rented.

Step 4: Actual Valuation of Assets: This is the actual valuation of assets; we adopted a cost/contractors method in order to determine the reinstatement cost of each structure/development. The main approach was estimation of the amount of money that would be needed to put up a similar structure. In valuation, the following process was adopted: -

a. The nature of materials was determined from the physical inspection b. Amount of materials of each type required to construct each structure (e.g.

Timber, wooden poles, iron sheets) were determined and quantified c. Cost of each material used in the construction of each structure was

estimated; this was through market comparison of how many similar materials are selling at in the open market.

d. Costs of all material were added together to get the total cost of construction.

e. Labour costs of construction for each structure were estimated. This was by market comparison with how much cost similar structures in the same market were being constructed at.

f. For infrastructural developments like civil works, electrical works etc.; adopted were the approved construction costs per unit recommended by quantity surveyors. This refers to construction costs per unit e.g. Excavation which costs about Kshs. 1,800 per cubic meter.

The site has two temporary structures: one is a security house and the other is a bathroom (plate 1). These structures belong to a group of 16 youth who man the area.

These Structures will be decommissioned and the public utility line moved to pave way for the proposed market development. The asset owners were adequately consulted regarding the planned resettlement activities. This report estimates a budget for the relocation/decommissioning of these assets. The tool used for inventory of assets is attached as Annex V.



Plate 1: Current state of Mwariro Market with existing structures Source: Impulso-EcoPlan-AWEMAC The table below shows a list of all assets onsite and their owners:-

Table 5: Inventory of Assets

ASSETS INVENTORY Asset Dimensions Ownership Sewer line 140M long Nairobi City Water and

Sewerage Company Crops 18M by 18M Illegal squatters Security house 2.6M by 3M Illegal squatters Bathroom 1.5M by 1.5M Illegal squatters

2.4 Socio-economic Studies A 100% socio-economic survey was conducted on 10th August, 2016 using semi-structured questionnaires. The survey gathered information on affected persons, and majored on questions of education levels, household incomes and views of the proposed project. A total of sixteen (16) PAPs consisting primarily of youth carrying out economic activities at the site were interviewed. Both qualitative and quantitative questions were asked during the survey in order to:

i. Record information regarding sources of income ii. Identify groups vulnerable to impoverishment due to displacement

iii. Identify social groups and organizations that displaced persons (DPs) use and trust iv. Assess the acceptability of proposed project v. Identify DPs needs and aspirations

vi. Record basic education information

2.5 Analysis of Surveys and Studies A data processing and verification workshop was undertaken at Central Young Men’s Christian Association Camp and Conference Centre on 22nd August, 2016 by RAP



consultants and RAP field assistants. The plate below shows the workshop on-going. Every filled questionnaire was cross-checked with the entered data to verify that all details were captured correctly. Information was then verified against PAP photos to ensure correct faces were matched with their details. All gaps identified were subsequently filled. It was established that from the 16 PAPs, only 2 did not have identification documents.

Plate 2: Data processing and verification at YMCA, Nairobi

All squatters in this open area are males 88% of whom are married while 6% are separated and 6 are single. Further to this, the population in this market is youthful with majority (88%) being between the age brackets of 18-35 years old. Those who are between the ages 36-60 years old are (12%). This implies that there is likely for a youthful population in the new market to increase. In the context of education level, majority (88%) of squatters in this market have got at least basic education with those with no education at (12%). Broken down, significant (69%) of the squatters have at least primary education with those having secondary education being (19%).



Figure 4: Level of Education The proficiency in languages spoken by the squatters varies. English is spoken by (6%) of the squatters with those speaking Kiswahili being (63%) while those speaking both Swahili and English being (31%). This implies that squatters in this market can make informed decisions based on the information they are provided with.

Figure 5: Language of Communication

The estimated household size of the affected persons is 3 people per household. Of this, majority (88%) of the households have between 1-5 people while that of between 6-10 people is a paltry (12%). All the households in this market have got at least 1 male and averagely 2 females with those not having females being (6%). In these household, majority (94%) of these households while those which are children led being at (6%). The households that have got children are 15, equivalent to (94%) of the households

12%

69%

19%

Education Level Percent

None Primary Secondary



represented in this market while it is only one family that is having no child at all. There are no vulnerable groups like the elderly or physically challenged represented at this site. Only 1 affected person is employed in undisclosed location. He did not reveal his employment details. The affected persons are engaged in other businesses. Majority of the affected persons (88%) undertake small business elsewhere, while 12% engage in retail trading. The trading of commodities conducted elsewhere; are groceries and food stuff vending (12%).. For the affected persons who listed their gross income, only (6%) make a monthly income of between Kshs 11,000-20,000, while (94%) make less Kshs 10,000 per month income from the businesses they conduct outside the project site. The estimated gross business expenditure for those having income ranges between Kshs 1,000-10,000 per month for only 1 person in this market. The net business profit per month for this person is Kshs 1,000-10,000. The average estimated monthly household income for the affected persons in this market is Kshs 10,531. Majority (44%) of the affected persons in this market have an estimated household income of between Kshs 1,000-10,000 with those making between Kshs 11,000-20,000 being (38%) of the affected persons while those having the highest monthly household income of between Kshs 21,000-30,000 are (18%) of the affected persons. This implies that the squatters in this market do not solely depend on the water vending as the source of their household income. From the survey it was evident they were engaging in other businesses outside the proposed project site In the context of the distance covered to the market, majority (50%) covers over 10 kilometers to the market, with those covering between 6-10km being 31% of the affected persons while those covering 1-5km are only 19%. Majority of the affected persons do not reside near the proposed sites but travel to the proposed site to undertake their business.



Figure 6: Distance to the Market

In the context of the duration of tenancy, majority (56%) of the affected persons/squatters have stayed for a period of between 6-10 years, those who have stayed between 1-5 years represent 17%, for more than 10 years are 27%. An indication that they have formed social networks, having stayed together as a unit for long. The project affected persons are not registered and none of them pay rent or own any structure within the market.

Figure 7: Tenancy Duration 2.6 Categories of Impacts With the implementation of the Mwariro market development project and imminent displacement of PAPs and structures a number of potential displacement impacts are expected as indicated below:- This section provides a detail of categories of impacts and census of PAPs and assets that will lead to economic loss and/or physical displacement and resettlement. The section



also provides a conclusion with a summary of the total magnitude of loss identified through the PAP census and the valuation exercise. This section identifies the impacts of the project on the traders on their livelihoods. It is anticipated that 100% of the informal settlers at the Mwariro market site will be temporarily displaced to pave way for construction of the market. Projected impacts include:

• Loss of business shades/structures • Loss of business income during transition • Hampered access to sanitation facilities and water • Reduced income resulting from these losses • Impact on the environmental health

2.6.1 Loss of business shades The temporary shades/structures will have to be demolished to pave way for construction of the market. There will be minimal impact of loss of shades that will be caused by the proposed project mainly in the construction of the market, which will not have any significant impact to the livelihood of the PAPs, as they will be absorbed by the contactor as causal workers during the construction phase. Physically displaced: The Youth group that comprise of 16 PAPs (informal settlers) will be physical displaced. The youth Group members will have to move from the Project Area (physical displacement), and will their livelihoods will be impacted by the Project (economic displacement). PAPs loosing shades/structures are entitled to the following compensation:

• All categories of affected youth group to be compensated with types of loss associated with loss of physical assets; loss of access to physical assets or earnings from water;

• Upon completion of the market, each member of the youth group will be allocated a stall in the new market;

2.6.2 Loss of business income during construction There is a possible loss of income during the construction phase. This is because the PAPs will lose the income from selling the water. However, the 16 PAPs will be absorbed as causal laborers during the construction phase by the contractors, thus will not lose their income. 2.6.3 Hampered Access to Sanitation and Water Facilities With the implementation of the Mwairiro market development project and imminent displacement of sanitation and water facilities. Mwariro market has piped water currently and the Youth group relies on it for water-use and sell water to earn an income.



Plate 3: Gardening at Mwariro Market 2.6.4 Other structures (fence, water point, sewer line, toilets etc.) Realignment of sewer-line and water point and shades will result in loss of PAPs basic services for the youth group.

2.6.5 Social Impacts and Economic Impacts The youth Group members, who spend their nights there and use the security shade/structure for security to guard the site will be displaced. It is anticipated that these youths will be displaced during the construction phase of the project. The youths derive income from the sale of piped water supplied by the City County at the site. Project implementation will lead to the loss of this income source. Temporary structures onsite will be decommissioned to pave way for the project. The sewer line on site will be relocated to pave way for the construction of the new market. Crops onsite will be harvested and cleared to allow for implementation activities. There was a variety of crops including arrowroots, sugarcane, bananas, Irish potatoes, sweet potatoes, tomatoes, kales and an avocado tree. Records of consultative meetings are attached as Annex VII.

2.6.6 Consultation with PAPs The affected persons/squatters operating in the project area were interviewed. Asset owners were also consulted. The Nairobi City Water and Sewerage Company met with representatives from the Ministry of Transport, Infrastructure, Housing and Urban Development and the project design consultants to be briefed on the proposed project and agreed that relocation costs of the sewer line would come under the main construction budget. Their views and proposals on how to decommission/relocate their assets were considered. Meetings were also held with representatives of project area occupants during the reconnaissance study as part of due diligence to get their general



views on the proposed project and modalities of their consideration once the market is complete.

2.6.7 Assistance Benefits and Development Opportunities This report recommends consideration of issues raised by the Youth Group, especially on loss of incomes from water vending and gardening. The youth group should be given the first priority as casual labourers during construction and be allocated stalls upon project completion.

2.6.8 Measures to minimize resettlement impact

During Project construction, consideration will be given to minimizing the scope of physical and economic displacement associated with the Mwariro Market Project through:

• Efficient Design of Project Infrastructure

• Provide employment opportunities for the youth Group during construction phase

• Adhering to the ESMP and In terms of design of project infrastructure, careful attention has been given to minimize the physical displacement of existing infrastructures.



3 RELEVANT LOCAL AND NATIONAL POLICIES AND LAWS

3.1 Introduction This chapter describes the relevant local and international policy and legislation that will apply to the resettlement of Project Affected Persons for the Mwariro Market improvement project.

3.2 National Policy Framework The Republic of Kenya has a policy, legal and administrative framework relevant to the project in matters resettlement of Project Affected Persons. Below are details on the relevant laws and policies applicable in the country.

3.2.1 Kenya Vision 2030 Kenya Vision 2030 is a comprehensive national development plan for the period 2008 to 2030. The plan was developed following successful implementation of the Economic Recovery Strategy for Wealth and Employment Creation which ensured the country’s economy was back on the path for realization of rapid economic growth since 2002. The county’s GDP growth rose from 0.6% to 7% in 2007, but declined to 1.7% and 1.8% in 2008 and 2009, respectively. The objective of the Vision 2030 is to transform Kenya into a middle income country with a consistent annual economic growth of 10 % by the year 2030. The 2030 goal for urban areas is to achieve “a well-housed population living in an environmentally-secure urban environment.” The document has a well laid plan for the retail and wholesale market industry by:

• Having wholesale and retail markets of high efficiency by lowering transaction costs through institutional reforms through investment in infrastructure, training and linking the markets to wider local and global markets

• Enumerate the informal sector operators, provide the, with permanent and serviced facilities, training and access to credit facilities.

• ‘Tier 1’ retail facilities will provide primary producers with better value than at present where they are heavily fragmented.

3.2.2 National Environmental Action Plan (NEAP) of 1994 The National Environment Action Plan (NEAP) for Kenya was formulated in 1994 through a consultative process involving various stakeholders. The action plan was aimed at integrating environmental considerations into the country’s socio-economic development. The integration process was to be realized through development of a comprehensive framework that ensures linkage of environmental management of natural resources to decision-making processes. The NEAP also established the process of identifying environmental problems and issues, awareness raising, building national consensus, defining policies, legislation and institutional needs, and planning environmental projects. The Mwariro Market redevelopment project should be in line with this plan by ensuring that environmental services are enhanced.

3.2.3 The National Poverty Eradication Plan (NPEP) of 1999 The National Poverty Eradication Plan (NPEP) was formulated with an objective of reducing the high levels of poverty in Kenya by 50 percent by the year 2015, as well as to



strengthen the capabilities of the poor and vulnerable groups to earn income. The plan also aimed at reducing gender and geographical disparities in order to create a healthy, better-educated and more productive population. The formulation of the plan was guided by the goals and commitments agreed during the World Summit for Sustainable Development (WSSD) of 1995. The plan therefore focuses on the delivery of four WSSD themes of poverty eradication; reduction of unemployment; social integration of the disadvantaged people and creation of an enabling economic, political, and cultural environment through development of transport and communication sector. The plan is implemented by the Poverty Eradication Commission (PEC) that was established in collaboration with various Government Ministries, bilateral and multilateral donors, the private sector, Community Based Organizations (CBOs) and Non-Governmental Organizations (NGOs). The NPEP is relevant since the proposed market redevelopment since it will create an enabling environment that will contribute immensely in the enhancement of economic growth to the traders

3.2.4 The Poverty Reduction Strategy Paper (PRSP) of 2000 The Poverty Reduction Strategy Paper (PRSP) for Kenya has the broad objective of reducing poverty and promoting economic growth. This Strategy Paper articulates Kenya’s commitment and approach to tackling endemic poverty through involvement of the poor communities in both rural and urban areas in various socio-economic development activities. The proposed redevelopment, during and after implementation will offer various employment opportunities to Kenyans and will therefore contribute directly towards the realization of the broad national goal of reducing poverty in the country. In addition, the project would stimulate economic development by creating an enabling environment for other key sectors of the economy to thrive by acting a central activating nod.

3.2.5 Environment and Development (Sessional Paper No. 6 of 1999) Kenya’s policy paper on Environment and Development was formulated in 1999. The policy paper defined approaches that will be pursued by the Government in mainstreaming environmental issues into development. The policy harmonized environmental and developmental objectives with the broad goal of achieving sustainable development. The policy paper also provided guidelines and strategies for government action regarding environment and development. This policy is relevant to the proposed development project in view of the potential impacts on the environment and involvement of the public in project planning.

3.2.6 Nairobi Metro 2030 The Government of Kenya formulated the Nairobi Metro 2030 in 2008 to guide the development of the Nairobi Metropolitan Region (NMR). The goal is to ensure that NMR plays its role in the realization of strategies defined under the Kenya’s Vision 2030. Nairobi Metro 2030 brings into focus challenges faced by rapid urban growth and development. The Metro 2030 is integrated into Kenya’s Vision 2030 and other development plans and it also aims at strengthening the county governments as part of the process for the devolution of power to the grassroots. Nairobi Metro 2030 aims at making Nairobi Metropolitan Region a World Class African Metropolis that supports the overall national agenda as defined under Kenya Vision 2030. The aim of the strategy is to enhance economic growth, employment creation, improvement of lifestyles and infrastructure services. The proposed project will thus contribute in the realization of the goals of Nairobi



Metro 2030 in so far as development of world class infrastructure and utilities is concerned. Therefore, the redevelopment of Mwariro Market is in line with this plan with an objective of giving the market a crucial facelift while and major economic growth for its traders.

3.2.7 The National Land Policy (2007) Land Policy in Kenya is guided by the environmental management principles which are aimed at restoring environmental integrity through introduction of incentives and encouragement of use of technology and scientific methods for soil conservation, among others. The policy also recognizes that sustainable management of land based natural resources depends largely on the governance system that defines the relationships between people, and between people and resources. To achieve an integrated approach to the management of land-based natural resources, all policies, regulations and laws dealing with these resources need to be harmonized with the framework established by the Environmental Management and Coordination Act (EMCA) 1999. The National Land Policy (NLP) presents policy recommendations on issues of land rights and provides for strategies on dealing with land rights of vulnerable groups, minority groups, refugees and internally displaced persons, informal settlements, children and people living with HIV/ AIDS. The same section provides guidelines on gender and equity principles relating to land rights on matters to do with land and resettlement. The NLP is relevant to the proposed project in that it will give guidance, together with other land laws, on dealing with land issues during development of the project, any land acquisition if necessary and resettlement.

3.2.8 Public Health Policy of 2014 The public health policy calls upon the project proponents to ensure that buildings are adequately provided with utilities so that they are fit for human habitation and use. The market ought therefore to be provided with all amenities/utilities that are essential for safeguarding public health for all people using the facilities and those that may be living in the neighborhood such as sufficient ablution blocks, solid waste management and a connection to the existing sewerage system.

3.2.9 HIV/AIDS Policy of 2009 The policy identifies HIV/AIDS as a global crisis that constitutes one of the most formidable challenges to economic development and social progress. The pandemic heavily affects the Kenyan economy through loss of human resource due to deaths, loss of man hours due to prolonged illnesses, absenteeism, reduced performance, increased stress, stigma, discrimination and loss of institutional memories, among others. Due to the large capacity for traders, business activities and the social stature of Mwariro market HIV/AIDS has to be considered as one of the possible impacts and adequate mitigation measures be proposed to that effect.



3.2.10 The National Gender Policy of 2001 The purpose of the Gender Policy is to institutionalize the Kenya National Policy on Gender and Development (NPGD), within Gender, Children and Social Development. It articulates the policy approach of gender mainstreaming and empowerment of women at the grassroots level. The policy seeks to have a society where women, men, children and persons with disabilities enjoy equal rights, opportunities and a high quality of life. This plan has in depth addressed matters gender and development touching on women, children and the disabled for consideration in rolling out its recommendations.

3.2.11 Resettlement Policy Framework (RPF) for NaMSIP, 2011 The RPF will guide implementation of NaMSIP civil works packages to provide safeguards against adverse impacts of displacement and consequent disruption of livelihoods of theaffected persons. The RPF has been prepared in conformity with the World Bank Safeguard Operational Policy, OP 4.12 – Involuntary Resettlement - and anchored in the legal provisions of the Kenya Government. Where the two are diverge, OP 4.12 prevails The RPF examines the process of displacement and resettlement and gives a framework on the following measures of avoiding, and where unavoidable, minimizing the impact:

• Involving the communities and Project Affected Persons (PAPs) as early as possible in the project and engaging the community in the design and implementation of the of the projects;

• Keep the PAPs fully informed of any eventualities including possibility of being compensated and/or resettled.

• Preparing, updating and adhering to Regional and Development plans to ensure that developments are located appropriately. The Ministry will establish a Forward Planning Unit which will consider long-term projections and requisite provision of land and space;

• In the event that displacement cannot be avoided, the process of assessing who is affected, determining the appropriate mitigation measure – compensation and/or resettlement - will be carried out with involvement and consultations of the persons affected, in a transparent manner and with a grievance redress mechanism in place

3.3 Relevant Local Laws and Customs for Resettlement

3.3.1 The Constitution of Kenya of 2010 Section 60 of Chapter 5 lays down the principles of land ownership and use as follows:

(a) Equitable access to land; (b) Security of land rights; (c) Sustainable and productive management of land resources; (d) Transparent and cost effective administration of land; (e) Sound conservation and protection of ecologically sensitive areas; (f) Elimination of gender discrimination in law, customs and practices related to

land and property in Kenya; and (g) Encouragement of communities to settle land disputes through recognized

local community initiative.



The Constitution entrenches the protection of legally acquired land and property rights, and any acquisition of rights in land and property, be it voluntary or involuntary, must comply with the law. The recognition of alternative dispute resolution mechanisms is aimed at expediting issues of land rights, transfer and supporting economic development. The Constitution grants powers to the State to regulate the use of land. Section 66 (1) provides circumstances in which the State can exercise its powers of eminent domain (the legal right of a government to take private property for public use without the owner’s prior consent upon payment of just compensation) to include: in the interest of defense, public safety, public order, public morality, public health, or land use planning. The provisions of the Constitution place a higher threshold in the process to be adopted for involuntary acquisition of land. It is invariable that a RAP will have to be prepared for projects and compensation packages in line with prevailing legislative framework will have to be negotiated with the PAPs.

3.3.2 The National Land Commission Act, 2012 The act establishes the National Land Commission with the purpose of managing public land and carrying out compulsory acquisitions of land for specified public purposes as indicated below:

a) To manage public land on behalf of the national and county governments; b) To recommend a national land policy to the national government; c) To advise the national government on a comprehensive programme for the

registration of title in land throughout Kenya; d) To conduct research related to land and the use of natural resources, and make

recommendations to appropriate authorities; e) To initiate investigations, on its own initiative or on a complaint, into present or

historical land injustices, and recommend appropriate redress; f) To encourage the application of traditional dispute resolution mechanisms in land

conflicts; g) To assess tax on land and premiums on immovable property in any area designated

by law; and h) To monitor and have oversight responsibilities over land use planning throughout

the country.

3.3.3 The Environment and Land Court Act, 2012 The Act enacts Article 162(2) (b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to land, and to make provisions for its jurisdiction, functions and powers, and for connected purposes. The Court 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, choices in action or other instruments granting any enforceable interests in land; and (c) land administration and management; (d) and any other dispute relating to environment and land. This shall be an important institution in case of grievances with regard to resettlement that cannot be solved through the proposed RAP grievance redress system



3.3.4 The Land Act 2012

The Act specifies the local context and approach towards resettlement and compulsory land acquisition, though the latter does not apply to the context of Mwariro Market. In managing public land, the Commission is further required in section 10(1) to prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use. In these guidelines management priorities and operational principles for management of public land resources for identified uses shall be stated. This in essence means that the Commission shall take appropriate action to maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected areas. As well the commission shall identify ecologically sensitive areas that are within public land and demarcate or take any other justified action on those areas and act to prevent environmental degradation and climate change. The market land under which Mwariro falls is classified under Public land hence invoking some sections of this Act.

3.3.5 The Land Registration Act of 2012 The Act provides for the registration of absolute proprietorship interests over land (exclusive rights) that has been adjudicated or any other leasehold ownership interest on the land. Such land can be acquired by the state under the Land Act 2012 in the project area. The NCCG being the absolute proprietor of the piece of land therefore has exclusive rights on the land.

3.3.6 National Gender and Equality Commission Act, 2011 The Commission was established through an Act of parliament and is mandated but not limited to perform the following functions: (a) promote gender equality and freedom from discrimination in accordance with Article 27 of the Constitution; (b) monitor, facilitate and advise on the integration of the principles of equality and freedom from discrimination in all national and county policies, laws, and administrative regulations in all public and private institutions; (c) co-ordinate and facilitate mainstreaming of issues of gender, persons with disability into the overall national development framework. Some sections of this Act shall be invoked in the implementation of the Resettlement Action Plan.

3.3.7 HIV/AIDS Prevention and control Act (Act No. 14 of 2006) Part 11, Section 7 of the Act requires that HIV and AIDs education be carried out at the work-place. The government is expected to ensure the provision of basic information and instruction on HIV and Aids prevention and control to: -



(i) Employees of all government ministries, departments, Authorities, and other agencies and employees of private and informal sectors. (ii) The information on HIV/AIDS is expected to be treated with confidentiality at the work place and positive attitude towards infected employees. In allocating contractors to the Mwariro Market, the Ministry should ensure that the contractor offers such training to the worker as provided by law.

3.3.8 Kenya Road Act, 2007 On enactment, the Act vested the powers and functions of all urban roads under the Public Roads and Roads of Access Act, Cap 399 on the Kenyan Urban Roads Authority. It empowered the Authority to develop and manage roads on all designated urban road reserves for the benefit of the residents. It has powers to liaise and co-ordinate with other agencies involved with provision of space for road construction. In the interest of the roads around Mwariro Market, the Act shall be invoked.

3.3.9 The Valuers Act Cap 532 The Valuers Act is an Act of Parliament to provide for the registration of Valuers and the regulation of the valuation profession and practice in Kenya. Clause 21 of Cap 532 prohibits any person who is not a Registered Valuer and whose name does not appear in the register to prepare and submit a valuation report. The importance of these provisions is that a valuation report prepared by a person or firm not registered under the provisions of Clause 21 is invalid and cannot be used for the basis of compensation. The provisions of this Act are relevant to the proposed project as a Registered Valuer is required for the purposes of determining types and amount of compensation, whether the acquisition is going to be under Cap 295 or Cap 288 or World Bank OP 4.12.

3.3.10 The Physical Planning Act, cap 286 Section 29 of the said Act empowers the County Governments to reserve and maintain all land planned for open spaces, parks, markets, urban forests and green belts. The same section allows for prohibition or control of the use and development of an area without proper cause. Section 30 states that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective County Authority. There is a proposed bill to make amendments to this Act but it is yet to be accented by the president. The Act’s provisions will therefore be invoked by the proposed project.

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

The provisions of this Act apply to all internally displaced persons that arise either through calamities, social conflict or development projects and is guided by the Bills of Right under the Constitution of Kenya. Section 5 of the Act lists development projects among the displacement factors and outlines involvement of the affected persons through awareness, sensitization, training and education on causes, impacts, consequences and prevention measures. Section 6 of the Act provides that displacements and relocation as



a result of development project sites will only be justified by compelling and overriding public interest. 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 person (iii) Holding public hearing on project planning (iv) Provision of reasonable notice time to allow the affected persons review and

react to the displacement conditions; and (v) Displacement process should reflect respect to human rights.

Relocation of the affected persons will 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 (if re-location is

implemented). The Act therefore provided enacted guidelines in the event of relocation of the Mwariro traders.

3.3.12 The Sexual Offences Act (No. 3 of 2006) Relevant Sections in this Act include:- 24- Sexual offences relating to position of authority and persons in position of trust. 25- Sexual relationship which pre-date position of authority or trust. 26- Deliberate transmission of HIV or any other life threatening sexually transmitted disease. In the life cycle of the Mwariro Project and the associated resettlement, the Act will be key in ensuring that no sexually offences are committed.

3.3.13 Urban Areas and Cities Act, 2011 This Act was assented into law on 27th August, 2011. Section 5 of the report gives a definition and qualification of a City and Urban Are. As per the criteria outlined, Nairobi falls under a city classification due to its population, development plan, revenue collection among others. Part V as from Section 36 to 40 the Act provides the essence of cities and urban areas’ to have integrated development plans to indicate the vision, assessment of existing development, community inclusion in development, alignment of city/ urban area plans to the national and county integrated plan, disaster management plan ad assessment of key performance indicators of an individual town or urban area. In line to this Act all development plans under NCC such as the NIUPLAN, Nairobi City Integrated County Development Plan, Eastlands Urban Renewal Project, etc., have been assessed and detailed within this report

3.3.14 The Public Health Act (Cap. 242) Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a water course is deemed as a nuisance.



Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances The Act addresses matters of sanitation, hygiene and general environmental health and safety. Hygiene and sanitation are key for Mwariro markets’ operation and will need to be well factored well in its planning whether on site or on the relocation site.

3.3.15 Environment Management and Coordination Act, Cap 387 The EMCA was developed as a framework law. It is the only legislation that contains the most comprehensive system of environmental management in Kenya. The Act is based on the recognition that improved legal and administrative co-ordination of the diverse sectoral initiatives is necessary in order to improve national capacity for environmental management. It has the main purpose of coordination and supervision of a wide range of environmental issues, which are contained in the regulations and guidelines. Section 3 of the Act highlights the General Principles 23 that guide its implementation. Every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance it. The Act is implemented through an institutional set up that includes the National Environment Council (NEC), National Environmental Management Authority (NEMA), Public Complaints Committee, National Environment Tribunal and the Board of Trustees for the Environment Trust Fund among others. This is a key legislation in the undertaking of the RAP.

3.4 County of Nairobi Legislations The following Bills under Nairobi City County will be relevant in the undertaking of the resettlement Action Plan.

3.4.1 The Nairobi City County Environmental Management Authority Bill, 2014

The bill sought to create a legislative framework that most effectively brings to effect the provisions of Schedule Four to the Constitution. The framework’s object is to prevent, stop or discontinue any act or omission deleterious to the environment. It is proposed that an Authority to oversee environmental management be established. The establishment of the Authority creates an institution singularly mandated to take measures to ensure conservation and protection of the environment within Nairobi City County.

3.4.2 Nairobi City County Solid Waste Management Act, 2014 This Act was enacted in 2014. Part II of the Act on General Provisions acknowledges that Solid Waste Management needs an integrated approach at the county between the County Government, generators, owners, residents of premises and contracted private service providers. The Act further acknowledges the constitution right of every citizen towards a clean and healthy environment and bestows duty upon every citizen to enhance the environment.

3.4.3 The Nairobi City Disaster and Emergency Management Act, 2015 The Act is meant to operationalize the County Disaster and Emergency Management. Section 2 of the Act indicated the objectives and purpose of the Act all geared towards the main subject of the Act. Section 3 indicated the Disaster and Emergency Management structure, indicating its mandate which include but not limited to overseeing the



implementation risk reduction, preparedness, response and recovery activities; review all disasters in the county and make recommendations;identify vulnerable areas wihi the county and ensure correct mitgation measures are put in place. Such risky areas include the market areas under NCC. Section 6 of the Act indicates that, NCC shall come up with a County Disaster Management Plan to be reviewed ad updated annually. Section 7 of the Act indicates the role of NCCG in disaster manaement which shall icludde but not limited to training of employees, maintenance of disaster management resources, ensure all construction developmets within NCC are complieant, etc.

Therefore this shall be a vital legilatiion in the development and running of Karandani Market due to the expected activities in the market such as hotels and cafeterias which present a fire risk.

3.4.4 The Nairobi City County Housing Corporation Bill, 2014 The bill sought to develop a facilitating legislative and institutional framework in the housing sector within Nairobi City. The Bill must provide for loans and grants of public moneys for the construction of dwellings; to establish a housing fund and a housing board for these purposes; and for connected purposes. The legislative framework must effectively bring to effect the provisions of Schedule Four to the Constitution.

3.4.5 The Nairobi City Carry Bags Control Act, 2014 The Act gives provisions on the manufacture, recycle and use of plastic carry bas within NCC. Section 12 indicates that no person is meant to dispose plastic bag into any drainage or in any public view any plastic.

This Act shall be applicable in the operationalization of Mwariro Market in a view to protect the market drains ad surrounding environment from the effect of the plastic carry bags.

3.4.6 The Nairobi City County Markets Policy

The policy outlines the conditions of tenancy in rental markets in the county. These conditions pertain to the applicable charges, the goods permitted to be sold in the market, the proprietorship of the market stalls, waste management within the market and other conditions such as responsible use of water and electricity. According to the policy, a tenant shall pay rent per month in advance and a non-refundable cash deposit equivalent to one month’s rent. According to the conditions, a tenant shall not sublet, assign, transfer or otherwise part with or change the proprietorship of his/her stall without consent in writing of the county. The policy is however silent on the multiple ownership of stalls. This policy has been reviewed because of its importance in the allocation of stalls in the proposed new market.

3.5 International Framework 3.5.1 The World Bank’s Involuntary Resettlement Policy (OP 4.12)

The World Bank’s IRP outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic wellbeing.



Policy Objectives The objective of the Bank’s Resettlement Policy is to ensure that population displaced by a project receives benefits from it. The policy has the following key objectives:

To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population displacement is unavoidable, exploring all viable project designs. Particular attention must be given to socio-cultural considerations, such as cultural or religious significance of land, the vulnerability of the affected population, or the availability of in-kind replacement for assets, especially when they have important intangible implications. When a large number of people or a significant portion of the affected population would be subject to relocation or would suffer from impacts that are difficult to quantify and to compensate, the alternative of not going ahead with the project should be given a serious consideration;

• To ensure that displaced people receive resettlement assistance, preferably under the project, so that their standards of living, income earning capacity, and production levels are improved;

• To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts of displacement and resettlement and establish sustainable economy and society; and

• To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly implemented resettlement plans.

According to World Bank’s Involuntary Resettlement Policy (IRP), the resettlement plan should include measures to ensure that displaced persons are:

• Informed about their options and rights pertaining to resettlement; • Consulted on, offered choices among, and provided with technically and

economically feasible resettlement alternatives • Provided prompt and effective compensation at full replacement cost for

losses • Provided assistance (such as moving allowances) during relocation • Provided with residential housing, or housing sites, (in the context of this case,

market sites) for which a combination of productive potential, location advantages and other factors is at least equivalent to the advantages of old sites.

Where it is necessary to achieve the objectives of the resettlement plan, it should also ensure that displaced persons are:

• Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living; and

• Provided with development assistance in addition to compensation measures, such as relocation market site preparation, training, or job opportunities. Duly considered during reallocation of stalls in the new market in the context of their entitlements according to the Nairobi County Government Market Policy (Annex VI)



3.5.2 Similarities between the Government of Kenya (GoK), and World Bank Guidelines

From analysis undertaken above, the GoK, and World Bank requirements are found to converge on the following points: -

• Assistance to the affected people for relocation. However, the GoK does not consider replacement costs

• Assistance to the affected people to improve their living standards; although not expressly given in the Land Act, NLC can give determination

• Participation of all stakeholders • Consultations with project affected persons at every stage • Grievance redress mechanisms for project affected persons • The national land commission under its guidelines required a relocation

action plan to be prepared. The table below provides a summative comparative analysis of the World Bank guidelines and the Kenyan Law context

Table 6: Comparative Analysis between World Bank O.P 4.12 and Kenyan Legal Context with regard to Resettlement Process

World Bank OP4.12 Kenyan Context Comparison Recommendations General RAP Requirements Involuntary resettlement should be avoided wherever possible, or minimized, exploring all alternatives.

Involuntary resettlement possible in contexts of projects of national importance

The Land Act does not stipulate that resettlement should be avoided wherever possible; on the contrary, as long as a project is for public interest, involuntary resettlement is considered to be unavoidable.

N/A.

Resettlement programs to be sustainable, with meaningful consultation with affected parties.

The Land Act, 2012 Act provides steps for sensitizing the affected population. Gives provisions and guidance on consultation on implications and grievance procedures.

Same as the World Bank

N/A

Displaced persons should be assisted in improving livelihoods etc. or at least restoring them to previous levels.

The Land Act 2012 guarantees the right to fair and just compensation in case of relocation

Just and fair compensation as outlined in the Land Act 2012 is not clear and can only be determined by NLC. It is give provisions about improving livelihood or restoring them to pre-project status.

N/A

RAP Process Requirements PAP Consultation: Displaced persons should be meaningfully consulted and should be given equal opportunities to participate in

The Land Act outlines procedures for consultation with affected population by the

Same as World Bank Adopt both Kenyan legislation and World Bank.



World Bank OP4.12 Kenyan Context Comparison Recommendations planning and implementing resettlement programs

NLC and grievance management procedures.

Grievance Redress Mechanism: For physical resettlement, appropriate and accessible grievance mechanism will be established.

Land Act 2012 clearly outlines the steps and process for grievance redress that includes alternative dispute resolution, renegotiation with NLC and is backed by the judicial system through Environmental and Land Court Act

Kenyan legislation meets OP4.12 requirements.

Adopt both Kenyan legislation and World Bank.

Eligibility Criteria Determined by:

(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

The Land Act 2012 provides that written and unwritten official or customary land rights are recognized as valid land right. The Law provides that people eligible for compensation are those holding land tenure rights Land Act also recognizes those who have interest or some claim in the land such pastoralist or who use the land for their livelihood. The constitution recognizes ‘occupants of land even if they do not have titles’ and payment made in good faith to those Occupants of land. However,

The O.P 4.12’s recognizes Eligibility as both formal (legal) and informal (customary) owners of expropriated land. However, it does not specifically recognize all users of the land to be compensated. The constitution of Kenya on the other hand recognizes ‘occupants of land’ who do not have title and who the state has an obligation to pay in good faith when compulsory acquisition is made.

Ensure ALL users (including illegal squatters, laborers, rights of access) of affected lands are included in the census survey and fairly compensated/ assisted



World Bank OP4.12 Kenyan Context Comparison Recommendations this does not include those who illegally acquired land

(c) those who have no recognizable legal right or claim to the land they are occupying To determine eligibility: Carry out resettlement census. Cutoff date for eligibility is the date of the census

Land Act 2012 provides for census through NLC inspection and valuation process

Same as World Bank Implement cut-off procedures as outlined in the World Bank guidelines and Kenyan Law

Measures: Cash based compensation should only be made where (a) land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for lost assets exist and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. World Bank OP4.12 Article 6(a) requires that displaced persons are provided with prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. If physical relocation is an impact, displaced persons must be provided with assistance during relocation and residential housing, housing sites and/or agricultural sites to at least equivalent standards as the previous site. Replacement cost does not take depreciation into account. In terms of valuing assets, if the residual of the asset being taken is not

Land Act 2012 appears to prefer mode of cash compensation by the Government to the affected population. Land Act talks of prompt, just compensation before the acquisition of land. However, interpretation of just compensation is yet to be clearly outlined through a specific schedule defining just compensation have not been put in place.

Cash based compensation seems to be the preferred mode of awarding compensation to the affected population by Government of Kenya ‘Just compensation’ as stipulated in the Land Act not yet specifically defined. OP 4.12 provides related land transaction fees. Land Act not clear on this. OP4.12 requires that displacement must not occur before all necessary measures for resettlement are in place, i.e., measures over and above simple compensation

Ensure that all alternative options are considered before since no cash compensation shall be done in the context of Mwariro Market Development . Use World Bank OP4.12 procedures in determining form assistance required



World Bank OP4.12 Kenyan Context Comparison Recommendations economically viable, compensation and assistance must be provided as if the entire asset had been taken. Compensation and other assistance required for relocation should be determined prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required

Attorney’s fees, cost of obtaining advice or cost incurred in preparing and making written claim not in the Land Act other than ‘just compensation’ The Act does not out rightly stipulate assistance for relocation but we can interpret that relocation cost

Ensure that ALL resettlement options are agreed on with PAPs and put in place prior to displacement of affected PAPs

Valuation: With regard to land and structures, “replacement cost” is defined as follows: For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes.

Land Act 2012 talks of just compensation for the lost assets but it is not specific of the exact amount or procedures on the same. The Land Act 2012 stipulates just compensation.

Though one could argue that there is some form of consistency between the Kenyan Law and World Bank OP.4.12, interpretation of ‘just compensation’ has not been defined. Interpretation of just compensation not clear

Apply the World Bank OP4.12 valuation measures, as outlined in Section 6, in order to fully value all affected assets in a consistent manner.

Monitor Adequate monitoring and evaluation of activities to be undertaken.

According to Land Act can be undertaken County Land Boards.

Both Kenyan Law and World Bank policy advocates for Monitoring and Evaluation

Implement as prescribed in the World Bank OP4.12 and Kenyan Law.



4 COMPENSATION FRAMEWORK

4.6 Introduction The compensation framework specifies all forms of asset ownership or use rights among the PAPs. The categories of impacts include loss of physical assets, revenue and income resulting from economic displacement or physical relocation. Urban resettlement often affects the urban poor disproportionately. Poverty alleviation being a fundamental goal of the World Bank lending, the Bank places resettlement in a development framework. The World Bank Involuntary Resettlement Handbook states that displacement of low-income urban squatters or slum communities often provides opportunities for moving beyond narrow mitigation of adverse impacts to promoting community development, security of tenure, and rational land use. These are also the objectives of many urban improvement programs don through NaMSIP, including the development of Mwariro Market.

4.7 Compensation/ Resettlement Assistance There will be economic displacement of 16 PAPs in Mwariro Market who are squatters. The consultant and client however recognize that the area is surrounded by a number of informal traders who are mostly mobile. The allocation of stalls shall be done in close consultation with relevant NCC officials through an approach that shall be mutually agreed between all parties. This report encourages the project management through a grievance redress commission to hear out any grievances that might arise and advise traders accordingly. This will help in increasing the acceptability and support of the project by both the traders and the neighbouring community. Currently the site is occupied by, the Nairobi Water and Sewerage Company and a group of youth that guard the area. This report recommends that the in consultation with NCWSC, sewer line be re-located during projects construction and the costs of relocation be borne by the project implementers. It is also recommended that the youth group be given a chance to be integrated in the project either as casual laborers or as security guards so as to minimize negative economic and physical impacts on them.

4.8 Eligibility for Assistance Resettlement guidelines provide for compensation only to the people who are affected directly by development projects either through physical, economic or social displacement. Mwariro market does not have any traders operating at the moment. There are only informal settlers in the land who may need some form of assistance in moving and developing their economic potential, according to O.P 4.12. There are also two temporary structures on site, made of iron sheets, and wood, belonging to one occupant that shall be withdrawn in a manner acceptable between responsible parties. The public utility (sewer) line on site shall also be moved in close consultation and agreement between Nairobi Water and Sewerage Company (NWSC) and NCC. A budget to this effect has been drawn and presented in this report. Resettlement cut-of-date was on 10th August, 2016.



4.9 Responsibility and Schedule of Compensation The project implementation team in collaboration with NCC is responsible for the schedule of assistance for Mwariro market occupiers. This report has outlined timelines to be followed in the chapter on implementation schedule. New allocations will be done by the NCCG, social services and housing department. In allocation of slots to traders along Mwariro the allocations shall be done in collaboration with selected or proposed market officials.

4.10 Entitlement Matrix The project proponent under the Law is required to prepare an Entitlement Matrix (See Table 9 below), with respect to the displacement that is expected to occur. Based on the set principles, an Entitlement Matrix was developed for the potentially affected persons of Mwariro Market showing: -

• All categories of affected persons • All types of loss associated with each category, including loss of physical assets;

loss of access to physical assets; loss of wages or sales earnings; • All types of compensation and assistance to which each category is entitled.

The Riverside youth Group PAPs (16) members will each be allocated a stall in the new market. The Nairobi County Markets Policy (Annex VI) will be used to assist in allocation. Consultation with the PAPs, NCC and Ministry is recommended.

Table 7 presents various legal provisions for entitlements for different types of loss while Table 8 presents the categories of PAPs and assets and corresponding legal entitlements.

Table 7: Entitlement Provisions for Different Categories of PAPs

SN Type of loss Entitled person Legal entitlement 1. Loss of any shades; Any person who owns any

shade/structure whether he/she have or does not have legal proof of land ownership

Free transportation to relocation site for moveable structures affected

2. Facilities with certain cultural or spiritual value attached to them by the society living near them (e.g. a shrine or a grave)

The responsible society/persons

Compensate the responsible persons/society to their satisfaction including costs of relocating the facility to a new site

3. Public infrastructure affected by the project e.g. Telephone lines, water supply line, etc.

Members of the public whose connections have been interfered with

Proponent to restore the public infrastructure to the satisfaction of the general public

4. Vulnerable groups People with special needs Elderly PLWHIV

Special considerations as the situation dictates



Table 8: Categories of PAPs and Assets and Corresponding Legal Entitlements Category of PAPs and Type of Lost Assets

OP 4.12 Kenyan law

Structures leased by Tenants

PAPs are entitled to some form of compensation whatever the legal/illegal recognition of their occupancy.

Constitution says that ‘occupants of land’ entitled to some level of pay in good faith. Land Act stipulates that they are entitled to some compensation based on the amount of rights they hold upon land under relevant laws. However, those who acquired land illegally not entitled to any.

Land Users Entitled for investments made on the land; livelihood must be restored to at least pre-project levels.

Land Act not clear on Land Users although in some cases they can receive some form of compensation depending on the determination by NLC

Owners of buildings Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement.

The constitution of Kenyan respects the right to private property and in case and proposes for just compensation to the owner for the loss temporary buildings.



Table 9: Entitlement Matrix for Mwariro Market Site

Category of PAP

Type of loss Entitlements Compensation for loss of structures

Compensation for loss of assets

Compensation for loss of income

Moving allowance

Shade owners Shade owners • Right to salvage • Replacement of all

structures owned in the new building)

• One month notice before temporary relocation.

Replacement of lost assets e.g toilets, water points

• No loss of income • Cash payment • Free transportation

to relocation site for moveable structures affected.

Youth group encroaching on public land for business

Loss of shade Compensation for one security and one toilet shade

Compensation for lost crops

Compensation for loss of income from gardening Employment during construction Linkages with the government youth fund for capital for businesses Provide credit facilities for Youth group under Uwezo Fund

Cash payment (15% disturbance allowance) Youth group be compensated for one month and individuals for one week

Vulnerable groups- People with special needs Elderly PLWHIV

All types of losses Relocation assistance Allocation of stall on ground floor.

Transition assistance – removing and dismantling of assets.

Cash payment • Allocation of stalls



5 RESETTLEMENT ASSISTANCE AND LIVELIHOOD RESTORATION

5.6 Introduction Resettlement assistance is vital in cases where displacement of persons cannot be avoided. In this case therefore, the proponent will execute resettlement as a development initiative that will provides displaced persons with opportunities to participate in planning and implementing resettlement activities as well as to restore and improve their livelihoods. This chapter addresses the findings of the RAP study in the context of Mwariro market’s development.

5.7 Selection and Preparation of Resettlement Site This report proposes that the sewer line be aligned within the project site. The design consultants along with the project contractor will determine the most appropriate area to use for the realignment. Identification of other pieces of land for relocation site was therefore not conducted and not necessary.

5.8 Influx Management The consultant anticipates the interest to occupy the new market and the movement of people into the market area once complete, majorly for purposes of trade. The Youth Group have been notified that there will be compensation with a stall in the new market. The complete list of these Youth group has also been recorded (Annex IV). Therefore, this report does not anticipate influx to the project area during the pre-construction period by persons hoping to gain from relocation compensation.

5.9 Relocation Schedule and Assistance A relocation schedule will be prepared by the project implementation team with an early notice to Youth group (being the 16 PAPs that shall require a notice) while NWSC will be consulted in realignment of the sewer line on the project site. Relevant bodies will be involve in the exercise. It is highly recommended that the schedule should be well thought out and matched against the overall project timetable. This report recommends an allowance of at least 1 month for relocation which should however be done in close consultation between NWSC, NCC and the Ministry’s civil engineers to determine the correct timing. It also recommends a procedural allocation exercise in the new market to take place within the first 10 months of project construction completion. It is strongly recommended that a timely and fair allocation be undertaken, for the PAPs (Youth group).

5.10 Replacement of Services and Enterprises Since there will not be a resettlement location, replacement of services and enterprises will not apply in this case.

5.11 Livelihood Restoration The objective of Income Restoration (IR) is to ensure that project-affected persons are not worse off than before the project. Rehabilitation of people and systems after displacement is part of development and ensures that socio-economic and cultural services are maintained if not improved. Using the socio-economic survey and other



consultative mechanisms, displaced people can contribute to the strategies that are developed for income restoration. Participation also helps to enhance approval of the income restoration strategies likely to be adopted. Where relevant, an IR implementation cell can be formed to ensure that all individuals/groups eligible for social and economic rehabilitation are catered for. Income restoration schemes differ depending on the magnitude of impacts caused on the PAPS.

For Mwariro Market no trader is currently occupying the area earmarked for construction. This report proposes that the youth group currently operating at Mwariro ste be integrated in the project construction activities so that they can be meaningfully engaged and regain their source of income and also get one stall each in the new market to continue making a living.

5.12 Special Assistance to Vulnerable Groups There are no vulnerable groups on the proposed project site. It is however noteworthy that the group of youths at the site may be impoverished if relocated without assistance because their alternative sources of income are unsustainable. This report strongly recommends that they be positively considered for integration in the project construction phase or they be provided with incentives to explore alternative sources of income.



6 BUDGET AND IMPLEMENTATION SCHEDULE

6.6 Introduction RAP implementation calls for coordination from all concerned parties so as to make it a success. It will require the formation of a resettlement coordinating committee with representatives from all relevant agencies. Agencies to be involved in implementation include the Ministry of Transport, Infrastructure, Housing and Urban Development, National government county commissioner’s office, the Nairobi City County, National government county social development department, and other relevant departments such as finance and environment. To increase success of the RAP, the youth group will also be part of implementation.

For proper implementation, it is essential for a detailed RAP budget to be developed, that carefully estimates all costs associated with the RAP exercise, including social costs, as resettlement cannot be exclusively measured in economic terms. This report proposes a RAP budget that also accounts for the potentially affected assets currently onsite. The estimated budget includes costs associated with setting up and maintaining a grievance redress mechanism and carrying out monitoring and evaluation.

The summary table of recommended budget and detailed support notes are provided below. PAPs will be compensated for loss of gainful economic activities and gardening as well as for loss of structure. They will be given Kshs. 15,000/= each as resettlement support. Realignment of the sewer line comes under the main civil construction works and is therefore not part of the RAP budget.



Table 10: Proposed RAP Budget for Mwariro Market

MWARIRO MARKET RAP BUDGET

RAP BUDGET -

LOSS OF BUSINESS & REPLACEMENT OF MARKET SHEDS DETAILS (KSHS)

LOSS OF INCOME Nature of Business (Described in terms of ownership) No of Units

Estimated loss of Income for seven days (1 week) (Kshs) Total (Kshs)

Traders without stalls (who do not use stalls)

16 No. PAPS who use the site for gainful economic activities eg. Farming, water vending, washing, Farming activities: Potatoes, arrow roots, tomatoes, irish potatoes, sugar cane etc - Loss of Income for one month. 16 15,000 240,000

Sub-total (Kshs) 240,000

DEVELOPMENTS - REPLACEMENT COST Nature of Development No of Stalls

Estimated replacement cost



Semi-permanent stalls - Timber, corrugated iron sheets, iron sheets (Structures owned by Riverside Youth Group) - Security House and Bath room 2 20,000 40,000

Sub-total (Kshs) 40,000

Total (Kshs) Total 280,000

ADMINISTRATIVE AND PLANNING COSTS

Administrative and planning costs Add 30% design, planning and

miscellaneous- This includes marking, allocation process, supervision, labour, security, professional fees etc 30% 84,000

Total Budget (Kshs) 364,000.00

BUDGET

AMOUNT (KSHS)

ADMIN & PLANNING COSTS (30%) Total Budget

RAP BUDGET 280,000 84,000 364,000

Total 364,000


6.7 Implementation Timelines Project construction will run over a period of 1 year while allocation of new stalls is recommended to take 1 or less months. RAP Implementation timelines will follow major milestones as outlined below.

• Formation of relevant resettlement committee. The committee may be set up to oversee the fate of current occupiers and allocation exercise in the new market and to address grievances that may arise

• Grievance mechanism and vulnerable groups assistance measures • Monitoring and evaluation and stakeholder engagement • Allocation of new stalls

Table 11: RAP Implementation Activities and Timelines

Type of activity Responsible body Supporting institutions Duration of execution

Establishment of a resettlement coordinating committee and a grievance redress committee

County government MoTIH & UD

Market committees RAP implementation team 2 PAP representative at the site

1 month

Payment of compensation before the moving of the PAPs.

MoTIH & UD

County government

Consultant consortium

Market officials

1 month

Resettlement and grievance redress (pre-project)

RAP implementation team Grievance redress committee

MoTIH & UD NCC

2 months

Project monitoring and evaluation

MoTIH & UD IMU

NCC PAP representatives

6 months

Actual allocation of slots

Resettlement coordinating committee County government

World Bank Market committees

1 month

Grievance redress and assistance to vulnerable groups

Grievance redress committee Resettlement coordinating committee County government

Market in-charge and proposed committee Law courts of Kenya Independent Monitoring Unit

2 months


6.8 Risks to Implementation and Mitigation Measures Certain factors may potentially hinder the smooth implementation of resettlement action plans if not countered early in the planning process. Some of the factors relevant to Mwariro are discussed below.

6.8.7 Inadequate Provision for Entitlements Any potentially displaced people must be matched with their particular entitlements. Failure of the planning team to recognize every trader’s and occupier’s rights and to come up with a clear, detailed entitlement matrix may give rise to complaints thus delay implementation of the project or affect its acceptability. Consultation and public participation will aid in identifying all categories of persons with vested interest and will ensure that they are fully informed of their rights. Consultation can also present options of compensation preference and asset valuation techniques. Review of the legal and regulatory frameworks and World Bank standards ensures that entitlements are awarded correctly and satisfactorily. For Mwariro Market site however, there are currently no traders occupying the project area hence the provision for entitlements may not apply. The consultant however takes note of existing assets that might need to be moved or decommissioned and a youth group that may be physically and economically displaced. This report recommends that these people and assets be adequately considered as discussed in the eligibility criteria for assistance. The 16 PAPs will each be allocated a stall in the market.

6.8.8 Unclear Sources of Funding All key activities and milestones must be clearly linked to the recommended RAP budget and the responsible sponsor, failure to which causes delays in disbursement of funds and the project as a whole. This report proposes a clear funding mechanism, with sources of funding included for all proposed RAP-associated activities.

6.8.9 Lack of Prior Compensation of PAPs before Moving of the Traders World Bank guidelines are clear that PAPs should be fully compensated before being moved out or in the least immediately after moving to enable them regain their pre-project status and maintain their livelihood. If squatters are not adequately compensated there is a risk that they may re-occupy the project area or there may be numerous grievances that might stall the project. In Mwariro Market the risk of re-occupying the area is even higher because of the many traders currently operating on the streets surrounding the market.


7 INSTITUTIONAL ARRANGEMENTS

7.6 Introduction The implementation of RAP should be undertaken by people with experience in resettlement and social development. The roles and tasks of individuals are enshrined in the different institutions and organizations responsible for coordinating the exercise. A clear delineation of responsibilities will have to be sought to reduce incidents of conflicting roles and to identify areas that need strengthening. This is to ensure that there are no delays in the implementation of the RAP. An assessment of individual capacities of the agencies must also be carried out to ensure that any gaps are filled. If there’s need for capacity building, then it has to be undertaken early so that implementation may be smooth. Budgeting should include any training costs that may be incurred by agencies.

7.7 The Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH & UD)

To address the needs of the large metropolitan area, the government of Kenya in 2008 created the Ministry of Nairobi Metropolitan Development; currently a department under the directorate of Urban Development within the Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH & UD). The Project Development Objective (PDO) of the department is to strengthen urban services and infrastructure in the Nairobi metropolitan area.

In 2008 the then Ministry of Nairobi Metropolitan Development published the Nairobi Metro 2030, which presented the medium and long term vision and development program for the region. NaMSIP supports the implementation of selected activities included in Nairobi Metro 2030, aimed at promoting orderly urbanization. This is achieved by investing in key government institutions, in land use planning, and in infrastructure, such as solid and liquid waste collection and safe disposal, strategic roads, green spaces, markets, and other urban infrastructure. This ministry will be responsible for funding any resettlement related activity as well as coordinating implementation of the RAP.

7.8 City County of Nairobi NaMSIP is a project under the jurisdiction of the City County of Nairobi and thus as the host, the County will provide guidelines on specific project requirements as well as administrative support. The County will facilitate and offer administrative services needed by the project. The County will also supply required documents, reports and support resources to the RAP resettlement coordinating unit. NCC will also be involved in talks with the lead ministry regarding its infrastructure that will be affected.

7.9 County Commissioner’s Office The role of the commissioner’s office will especially be important in the Grievance Redress Mechanism where a representative from the Sub-county commissioner’s office will be a member of the Grievance Redress Committee.


7.10 National Environmental Council (NEC) This is the policy making body responsible for policy formulation relating to the management of the environment. It is also mandated to set national goals and objectives and determines policies and priorities for the protection of the environment as well as promotion of cooperation among public departments, local authorities, private Sector and NGOs. The role of NEC in the case of Mwariro is to ensure that environmental concerns have been taken into consideration during construction and allocation exercises.

7.11 Market Committees The market committees are elected by the traders in order to link them with the County and national market representatives. A typical committee is made up of a chairperson, a treasurer, a secretary and other members. Committees are effective in communicating information, decisions and concerns and also in updating traders of changes, developments, regulations, risks and opportunities. The project area occupant representatives were consulted during the reconnaissance. These representatives will be useful in communicating progress and decisions to the PAPs and other traders nearby.

7.12 Resettlement Coordinating Committee The proposed Resettlement Coordinating Unit will be comprised of 2 representatives from the Ministry of Transport, Infrastructure, Housing and Urban Development, 2 representatives from the locals, one representative from Nairobi City County, the proposed market master and either a legal or gender rights expert. The role of this committee will be to ensure smooth implementation of allocation of slots in the new market by overseeing the allocation of space and advising the Grievance Redress Commission.


8 CONSULTATION AND PUBLIC PARTICIPATION

8.6 Introduction Done at the stakeholder level, participation and consultation are undertaken to ensure the all the affected or interested parties are adequately informed and their views well considered to form part of reporting. The stakeholders present at Mwariro Market and their relevance is shown in the table below: -

Table 12: Stakeholder Matrix

Stakeholder Relevance/ Role Nairobi City County Officials Consulted as asset owners Riverside Youth Self-help Group Consulted as occupiers and asset owners

It was imperative that these stakeholders be consulted. For the case of asset owners, the consultation was important to the RAP consultant in striking a balance between views of the designers and views of the asset owners regarding the fate of assets (sewer line and temporary structures) during implementation of the project. This was to enhance the success of project efforts and cement its sustainability in addition to ensuring environmental protection.

8.7 Directly Affected People These are the people who are located at Mwariro market area that is earmarked for development, who derive benefits from the area and who claim ownership of the assets onsite. These people will be destabilized in their operations with some possible loss of their assets, mainly the temporary structures. In this project there are approximately 16 PAPS (youth group members) to be affected by the project.

All the directly affected persons were informed about the proposed project and consulted on major issues concerning relocation, project timelines and decommissioning of their assets. The PAPs participated in the socio- economic survey conducted between 10th and 11th August, 2016.

8.8 Indirectly Affected People The indirectly affected people are the clients who come to purchase water from the project site, mainly those who run small hotel businesses around the area and Administration Police officers who sometimes lack water in their camp. There is a possibility that access to this water will be cut off or minimized during project construction. The plate below shows the water point.


Plate 4: Section of Mwariro Market showing Water Point Source: Impulso-AWEMAC-Ecoplan

8.9 Methods and Approach Used to Conduct Stakeholder Participation

8.9.7 Consultative Meetings A reconnaissance survey which included consultation of representatives of current occupants was undertaken on 12th April 2016, in order to understand the prevailing conditions of the market. A public consultative meeting was also undertaken with the Riverside Youth Group on 4th October 2016 to receive feedback from the PAPs. A notice to this effect is attached to this report as Annex VII. Minutes and Attendance sheets are attached as Annex VIII and Annex IX respectively. The plates below show the public meeting.

Plate 5: Public Consultative Meeting at Mwariro Market held on 6th Oct 2018 Source: Impulso-AWEMAC-Ecoplan


Plate 6: Riverside Youth Self-help Group Photo after Public Meeting held on 6th October 2016 Source: Impulso-AWEMAC-Ecoplan

Plate 7.1: Public Consultation meeting with the Riverside Youth Self-help Group Photo held on 2nd March 2017

Source: Impulso-AWEMAC-Ecoplan


8.9.8 Socio-Economic Survey The survey was administered by a team of well-trained field assistants using a semi-structured questionnaire that borequestions on education, incomes and views about the project. The survey was administered to a group of youth currently operating as security in the project area. The plate below shows the training session of field assistants at Capital Club in Westlands in June, 2016.

Plate 8: Field Assistants undergoing Training at Capital Club, Westlands Source: Impulso-AWEMAC-Ecoplan

8.10 Issues Raised During Consultation and Public Participation Listed below also are views raised though the consultations held: -

Table 12.1 Issues and responses during consultations from PAPs

The RAP team held another stakeholder meeting on held on 2nd March 2017 to respond to the issues and concerns raised in the previous meeting. The minutes, signed list and photos of meeting are attached in ANNEX XII.

Issues raised Responses

Designs

The Group appreciated the project and accepted it

They requested office space in the new market to hold their meetings as a group

They requested a police post within the market to handle insecurity

There were informed that the designs have provision of office space

They were informed that the designs will have a security office

They requested priority allocation of stalls in the new market

The Youth group to be allocated with a stall each.


The youths would like to be given jobs in the proposed project either to continue guarding the area or as casual laborers

The youth group will be absorbed as casual laborers during construction phase. The security services will be managed by the constructor

They would like to continue vending water and thus requested a water kiosk in the vicinity

They requested to manage external ablution blocks and other services such as car wash for improved incomes once the market was completed

The management of water points, ablution blocks and car wash services in the new market will be done as per the market policy’s guidelines

They inquired about possibility of being granted start up support for proposed businesses I the new market

The Group was informed that NCC will invite Uwezo fund to set up an office at the market so that all receive their credit services

They wanted to find out if they will pay cess monthly? The RAP team informed the Youth Group members that the market would fall under the County Government of Nairobi City and that cess/rent will still apply at the applicable rates. As for the license fee, it would differ depending on the type of business being run.

They wanted to know the project timelines The group was informed on the construction period that will run for a maximum of one year (12 months).

Stakeholder Meeting held on 2nd March 2017 at the Project site The RAP team held a meeting with the youth group to inform them of the issues and concerns they had raised in the 1st meeting held on 6th October 2016. Below are the minutes, list of attendees and photos of the meeting.

PUBLIC MEETING MINUTES FOR THE PREPARATION OF A RESETTLMENT ACTION PLAN (RAP) FOR MWARIRO MARKET NaMSIP SUBPROJECT AT THE MARKET’S OPEN GROUND ON 2ND MARCH, 2017 AT 2.00 PM

MEMBERS PRESENT

Agenda

• Preliminaries • Introductions • Opening Remarks from the Resettlement Action Plan Representative • Adjournment Min 1/ Mwariro RAP/ Public Participation/ 03-03-17: Preliminaries


The meeting was called to order by the youth leader at 2.30PM. The RAP representative thanked the group for attending the meeting.

Min 2/ Mwariro Market RAP/Public Participation/ 03-03-17: Introductions

The RAP representative, Mr. Wafula began by introducing himself as a consultant for the Ministry of Transport, Infrastructure, Housing and Urban Development under the NaMSIP projects. The meeting attendants also introduced themselves.

Min 3/Mwariro Market RAP/ Public Participation/ 03-03-17: Remarks by the RAP Representative

The RAP representative informed the group that the RAP team had various meetings with the group and in those meetings the youth group raised issues that were to be addressed. He further informed the youth that the government was interested in starting the proposed market construction soon and that the purpose of the consultative meeting was to reassure the youths that their concerns had been taken care of by the RAP Team.

• He reassured the youths will be absorbed as casual labors during the construction phase depending on their ability to work.

• The RAP team informed the youth Group that the market will have provision of water points and ablution blocks for men and women. The management of these facilities will be advised by the market policy.

• The Youth Group had inquired if they can provide security at the market. The Rap team informed them that the contractor will provide this service.

• The Youth group were informed that the criteria for stall allocation to be used would be the same criteria that other markets have used successfully.

• The Group were informed that the designs will incorporate a hall where they shall hold meetings.

• The Group was informed that parking, daycare and car wash facilities had been incorporated in the designs.

• The Group were informed that a security guard office will be provided for in the market and other security measures had also been provided such as CCTV cameras, security lights and security guards.

• The Group was advised that offices of Uwezo Fund will be located at the market and advised the Group to take advantage of the credit support facilities that they have to assist them improve their livelihood.

Adjournment

There being no other business, the meeting was adjourned at 3.30PM with a word of prayer from the group chairman.

RAP Representative

Name: Peter Wafula Sign_____________ Date: __________


8. GRIEVANCE REDRESS MECHANISM

8.11 Introduction Grievance Management Mechanism (GMM)– a management system through which grievances will be resolved following a standard operating procedure (SOP) aligned to other management systems (communication, resourcing, reporting).

A grievance mechanism provides a way to reduce risk for NaMSIP projects, offers communities an effective avenue for expressing concerns and achieving remedies, and promotes a mutually constructive relationship. A well-functioning grievance mechanism:

• Provides a predictable, transparent, and credible process to all parties, resulting in outcomes that are seen as fair, effective, and lasting;

• Builds trust as an integral component of broader community relations activities; and

• Enables more systematic identification of emerging issues and trends, facilitating corrective action and preemptive engagement.

Within the NaMSIP project the following principles need to be established to ensure the effectiveness of the GM:

• Commitment to fairness in both process and outcomes. • Dedication to building broad internal support across project lines. • Mainstreaming responsibility for addressing grievances throughout the project,

rather than isolating it within a single department. • Willingness by NaMSIP Leadership to visibly and sincerely champion the

grievance system.

The design of this Grievance Mechanism is aligned to international best practice and guidelines and has taken the following factors into consideration:

• Proportionality: Scaled to risk and adverse impacts on affected communities • Cultural appropriateness: Taking into account culturally appropriate ways of

handling community concerns. • Accessibility: Clear and understandable mechanism that is accessible to all

segments of the affected communities at no cost. • Transparency and accountability: To project affected stakeholders at field level. • Appropriate protection: Prevents retribution and does not impede access to other

remedies.

According to the NaMSIP Mwariro Market project, a grievances or complaint includes any communication that expresses dissatisfaction, in respect of the conduct or any act of omission or commission or deficiency of service and in the nature of seeking a remedial action but do not include the following:

• Complaints that are incomplete or not specific in nature; • Communications in the nature of offering suggestions;


• Communications seeking guidance or explanation.

Anticipated grievances in Mwariro Market are especially in relation to:

• Assistance to the illegal settlers • Eligibility criteria for allocation where PAPs feel that they have been treated

inadequately or unfairly.

Timely redress of grievances is important in ensuring satisfactory implementation of resettlement and completion of the project on schedule. The means of grievance redress have to be accessible and credible to reduce project resistance. This chapter proposes a Grievance Management Mechanism (GMM) to ensure that all complaints are addressed fairly and respectfully. A checklist of issues considered in the design of grievance procedures for Mwariro Market included the following:

• An inventory of any reliable conflict mediation organizations or procedures in the project area and an assessment to determine if any can be used instead of having to create new ones.

• Inclusion in the list of affected person. Dispute of the disclosed list of affected persons.

• A review of grievance redress mechanism for simplicity, accessibility, affordability, and accountability. Mechanisms such as use of oral means and in the local and national languages were prioritized and proposals on ways to impose explicit time limits for addressing grievances. Appeal procedures were specified, and suggestions made on how information needs were to be made available to the Project Affected Persons (PAPs).

• Any new committee to be created to address grievances would need to be given the authority to resolve complaints. It was proposed that such a committee include representatives of PAPs, as well as project officials and staff from other agencies with a substantial role in the market resettlement activities.

• A Complaints Form (Annex X), Grievance Acknowledgement Form (Annex XI) and Grievance Resolution Form (Annex XII) should be introduced and dully filled by the involved parties.

8.11.7 Receiving Grievances The channels of receiving grievances will include:

• At NaMSIP Level - Project Coordinating Team Level - Project Implementation Team Level

• County Government • Through social media – emails, Facebook, twitter

8.11.8 Steps in Dealing with Grievances


a. Formal complaint received in writing (letter/email) or at the grievance desk within the market.

b. Recording of complaint in standard form and grievance register and log. c. Project supervisor receives the complaint and assigns to respective

grievance committee at community level (e.g. markets committee). d. Grievance committee reviews the complaint, verifies, investigates and takes

action (if complaint is valid, resolves or passes it on to the Project Implementation Committee).

e. Project Implementation Committee resolves and closes the complaint. f. Feedback to complainant within the stipulated timeframe.

8.12 Mediation Organizations An inventory of existing conflict mediation organizations or procedures in the project area was done. An assessment to determine if any can be used instead of having to create new ones showed that the existing mechanisms have never handled resettlement issues before and hence, there is need to create a new structure and procedure of handling grievances. The RAP study found out that relevant stakeholders in this project that should be involved in the mediation process include the following:

• Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH&UD)

• Nairobi City County Government • National Government County Commissioner Office • National Government County Social Development Department (Social

Development Officer in charge of Registration and Regulation of a self-help groups)

• PAPs

8.13 Grievance Redress Committee and its Procedures A Grievance Redress Committee (GRC) will be established with representatives from each of the stakeholders from the above list consisting of a full-time Project Social Expert, the Local Social Development Officer (SDO), Ministry representative such as the Project Manager or Supervisor, Nairobi City County officials from the Department in-charge of Markets, Local National Government Administrator and representatives of PAPs. The proposed leadership of the Grievance Redress Committee of eight (8) members (with an official quorum of 80% to transact business) will be as follows;

• Representative from the Ministry of Transport, Infrastructure, Housing and Urban Development – Chairman

• Social expert- Secretary (provide secretarial and advisory services to the GRC) • Nairobi City County Representatives (Market In-Charge Administrator) -

Members • Representative of Sub-County Commissioner’s Office – Member • Sub-County Social Development Officer (in charge of Registration and Regulation

of a self-help groups) – Member


• Three (3) existing PAP representatives– Members

After approval of this GRM, the above GRC members shall receive letters of appointment from the Project Manager (Ministry of Transport, Infrastructure, Housing and Urban Development) to serve in the committee for a given period of time and their terms of references.

The main role of the committee will be arbitration through mediation and negotiation when complaints arise to ensure that cases are resolved quickly and fairly. The above committee shall normally meet once per month and may form special sub-committees or ad-hoc committee that shall meet on a weekly basis or more frequently as the nature of some grievances may demand. Such sub-committees or special ad-hoc committee will report their findings and recommendations to the main committee for ratification or approval.

The social expert shall be a member of all such sub-committees to provide technical advisory and secretarial services.

Through consultations between the Chair and Secretary, complaints received shall be transferred to the concerned sub-committee within three (3) working days. In case the complaint pertains to an activity of more than one sub-committee or it is a complex issue, then the complaint shall be communicated to the main committee members in advance and resolution time shall not exceed thirty (30) days from the date of the receipt of the complaint from the complainant.

• Both the Ministry of Transport, Infrastructure, Housing and Urban Development (project office) and the Nairobi City County Government shall facilitate the operations of the above committee by providing venue for meetings, secretarial services and any expenses or allowances directly related to the proposed project.

• The Grievances shall be presented in person orally, over the phone, online via email, Short Message Service (SMS) using mobile communication systems or in writing, or other means of communications which provide a record of the compliant whichever the aggrieved party finds appropriate. All complaints must be recorded in a Complaints Form (see Annex X).

• The PAP shall be allowed to use local or national languages throughout the redress process and mechanisms for interpretation provided where necessary.

• An Acknowledgement Form (see Annex XI) shall be sent to the complainant within two (2) working days of the receipt of the grievance. The form shall contain date of receipt of grievance, details given by the complainant unique grievance number, expected date for resolution of grievance, name, designation and contact details of Officer, Grievance Escalation Matrix (see figure 8 below) with contact details and address (includes organizational levels) and manner and mode of tracking resolution of grievance with the unique grievance number. A simple digital database will also be created to store the cases so as to make work easier and reduce paper work.

• All grievances shall be addressed to the Chair of the Committee and handed over to the proposed full-time social expert to be stationed at the NCC sub-county


market premises or any other nearby premises. All grievances shall be entered into a log book/ register and assigned file numbers for easier handling and tracking of the progress of each case.

• A deadline should be set after notification of entitlements beyond which no more complaints will be accepted so as to expedite the process of relocation assistance. During and after receipt of complaints, the committee will have regular meetings to deliberate upon the complaints lodged in consultation with the complainants, and to offer alternatives where feasible to the issues raised.

• If after negotiations with the committee the PAP is not satisfied with the settlement, the PAPs Committee will also be asked to provide recommendations as to how it is to be addressed. The Committee may decide that the case be re-investigated and, depending on the nature of the grievance in may be referred to the Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH&UD) for technical and legal advisory purposes to the GRC.

• Complainants will be issued with a Grievance Resolution Form (Annex XII) where they are in agreement with the resolutions. The redress process should take at most 4 weeks per case and cases can be resolved concurrently.


Figure 8: Grievance Escalation Matrix

Recording of grievance in standard form and register of complaints Grievance received by the Chairmen and representative of the County Government market in charge

Receipt of letter of complaint from affected person Resolved within 5 days

Chairman of subcommittee convenes meeting of the committee (within 24 hours) to review, investigate and resolve the complaint

Main Grievance Committee Receives and reviews complaint

Grievance Resolved

Record of grievance submitted to Project supervisor

&

Feedback provided to the complainant

Notification to Project Implementation Team

Project Implementation Committee receives escalated complaint and reviews

Within 2 Weeks

Within 5 days

No Resolution

No Resolution

No Resolution

No Resolution Court of Law


8.14 Mechanism for Appeal Disputes not resolved by the GRC may be referred by Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIH&UD) to a registered and licenced Arbitrator practising in Kenya and the arbitration shall be governed by the Kenya Constitution 2010, the Arbitration Act (Chapter 49 of the Laws of Kenya).Arbitration agreements shall be enforced by the courts, which have the power to refer a dispute to arbitration.

If the PAP is still not satisfied with the settlement after formal arbitration, other legal redress mechanisms may be sort such as appealing in court through litigation. This should however be a last resort mechanism to avoid dragging the project, since project implementation will not commence until all major public grievances are addressed satisfactorily.

8.15 Redress Monitoring Mechanism This is meant to check on responsiveness to complaints lodged. Performance indicators will be formulated based on the process, outputs and impacts. Details such as response times, communication methods employed, costs involved, treatment of women and other vulnerable groups and PAPs satisfaction shall be used as indicators. Ideally, grievance redress should be undertaken at zero cost to the complainant and as speedily as possible so as not to hurt the complainant and not to delay the onset of project implementation.

The complainant shall be intimated on resolution of grievance through a resolution form. The resolution form shall contain the date of receipt of grievance, unique grievance number, name, designation and contact details of officer signing the communication, procedure of representing the matter and further right to approach other legal levels in case of non-satisfactory resolution of grievance, within the time specified in the regulation.

Record keeping: To enable efficient monitoring, all records of reported complaints, their nature and number of complainants, number of follow-ups by complainants either in person or via phone and other approved means and concluded resolutions or actions taken if unresolved and the average time taken to resolve grievances should be kept and made available to the project monitoring team.

8.16 Closure of Grievance Every grievance shall be disposed off within a period of thirty (30) days of its receipt and a final reply shall be sent to the complainant, containing details of resolution or rejection of the complaint, with reasons thereof recorded in writing.

A grievance shall be considered as disposed off and closed in any of the following instances, namely:

• When the intermediary or entity regulated by MoTIH & UD or NCC has acceded to the request of the complainant fully.

• Where the complainant has indicated in writing, its acceptance of the response of the intermediary or entity regulated by the MoTIH & UD or NCC.


• Where the complainant has not responded within forty-five (45) days of the receipt of the written response of the intermediary or entity regulated by the MoTIH & UD or NCC.

• Where the grievance redress committee has certified under indication to the subscriber that the intermediary or entity regulated by the MoTIH & UD or NCC has discharged its contractual, statutory and regulatory obligations and therefore closes the complaint.

• Where the complainant has not preferred any appeal within fourteen (14) days from the date of receipt of resolution or rejection of the grievance communicated by the intermediary or entity regulated by the MoTIH &UD or NCC.

• Where the decision of the MoTIH & UD or NCC in appeal has been communicated to such complainant.


9 MONITORING AND EVALUATION

10.1. Introduction In order to guarantee that the resettlement plan is smoothly performed and the benefit of the affected persons be well treated, the implementation of the resettlement plan will be under monitoring throughout the whole process. Monitoring will be divided into two parts, i.e. internal and external monitoring.

10.2. Monitoring and Evaluation

10.2.1 Internal Monitoring It is the responsibility of the proponent to conduct regular internal monitoring of the resettlement performance of the operation through the Resettlement Unit, which will be responsible for implementing resettlement and compensation activities. The monitoring should be a systematic evaluation of the activities of the operation in relation to the specified criteria of the condition of approval. The objective of internal monitoring and supervision will be:

a) To verify that the relocation and allocation of slots in the new market and other rehabilitation entitlements, has been carried out in accordance with the resettlement policies provided by the Government of Kenya (GoK) and World Bank.

b) To oversee that the RAP is implemented as designed and approved; c) To verify that funds for implementation of the RAP are provided by the Project

authorities in a timely manner and in amounts sufficient for their purposes, and that such funds are used in accordance with the provisions of the RAP.

The main internal indicators that will be monitored regularly are:

i) That the entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures.

ii) Payment of compensation to the PAPs (where possible) or stall allotment in the various categories is made in accordance with the level of compensation described in the RAP.

iii) Public information and public consultation and grievance procedures are followed as described in the RAP.

10.2.2 External Monitoring and Evaluation The Consultant recommends that an Independent Monitoring and Evaluation Unit (IMU) be established to evaluate implementation of compensation and resettlement. The IMU shall be appointed to monitor the resettlement and compensation process and implementation of requirements to verify that compensation, resettlement and rehabilitation have been implemented in accordance with the agreed RAP provisions. The IMU will also be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. More specifically, the IMU will carry out the following:

i) Review the results of the internal monitoring and review overall compliance with the RAP

ii) Assess general efficiency of allocation and formulate lessons for future guidance iii) Determine overall adequacy of entitlements to meet the set objectives.


The Consultant recommends that MoTIH&UD establishes an IMU that draws on personnel with resettlement and social development experience. The Consultant further recommends that relevant representatives from the Resettlement Coordinating Unit collaborate with IMU to make the engagement with evaluators easier. The objective of this unit will also be to provide a forum for skills sharing and to develop institutional capacity. It is important that the Unit is able to maintain a strong independent position and provide constructive feedback to the project to ensure that the objectives are met. Monitoring of progress and performance of the RAP would be during and after implementation of allocation. This report recommends for baseline information to be collected at the time of allocation so that the M&E advisors would be in a position to note changes that may have occurred before and after resettlement. The baseline indicators that are relevant to this study are: - Income statistics: Average bi-annual family income within the PAPs should not fall below an agreed upon factor in the first 6 months after the move. Data should indicate that the socio-economic situation of the resettled people is stable after 6 months. If, after that the situation of traders is found to be deteriorating further interventions may have considered.

10.2.3 Methodology for Monitoring The approaches and methods used would require regular dialogue and surveys of the traders. The dialogue will provide a forum for parties to air any grievances or complaints that may arise. The survey will provide a more objective form of progress measurement to complement the more subjective consultations/dialogue.

10.2.4 Data Collection Qualified census personnel will collect data from a respectable research firm or government agency. The surveys should be conducted with the full consent and permission of traders.

10.2.5 Data Analysis and Interpretation The data should be able to measure changes in net welfare based on pre-resettlement profile and post resettlement conditions. Where negative welfare is noted, MoTIH & UD should immediately address the same.

10.2.6 Reporting Post-resettlement monitoring results should be subject to review by representatives of the traders through the resettlement Committee and representatives of MoTIH & UD. The monitoring team must write its reports before the end of each visit and submit them to the MoTIH & UD Project Manager and the trader Committee. The Monitoring team should structure its reporting in conjunction with accepted variables, a format to this effect is attached in this report as Annex XIII.


11.0 CRITERIA FOR RAP DISCLOSURE All the names of PAPs and Photos (PAP register) will be given to the Riverside Youth Group to confirm their details.

All the names of PAPs and Photos (PAP) register) will be disclosed in the Ministry of Transport, Infrastructure, Housing and Urban Development’s website.

All the names of PAPs and Photos (PAP register) will be disclosed in the World Bank info shop

Details will be disclosed in a language that is well understood by the PAPs i.e Kiswahili.


REFERENCES Environmental Management and Coordination Act, 2014. Nairobi: Government Printers.

Government of Kenya (1921). The Public Health Act, Cap 242. Nairobi: Government Printers.

Government of Kenya (1985 revised in 2012). The Valuers Act, 1985. Nairobi: Government Printer.

Government of Kenya (1998, revised in 2012). Physical Planning Act, 1998. Nairobi: Government Printers.

Government of Kenya (1999). Sessional paper no. 6 of 1999 on Environment and Development. Nairobi: Ministry of Environmental Conservation.

Government of Kenya (1999). The National Poverty Eradication Action Plan (NPEP) of 1999. Nairobi: Government Printer.

Government of Kenya (2000). The Poverty Reduction Strategy Paper (PRSP) of 2000. Nairobi: Government Printer.

Government of Kenya (2001). Gender Policy of, 2001. Nairobi: Government Printers.

Government of Kenya (2006). HIV/AIDS Prevention and Control Act, 2006. Nairobi: Government Printers.

Government of Kenya (2007). The National Land Policy, 2007. Nairobi: Government Printer.

Government of Kenya (2007). The Roads Act, 2007. Nairobi: Government Printer.

Government of Kenya (2009). HIV/ AIDS Policy of, 2009. Nairobi: Government Printers.

Government of Kenya (2010). The constitution of Kenya, 2010. (2010). Nairobi: Government Printer.

Government of Kenya (2011). National Gender and Equality Commission Act, 2011. Nairobi: Government Printers.

Government of Kenya (2012). The Land Adjudication Act, 2012. Nairobi: Government Printer.

Government of Kenya (2012). The Land Act, 2012. Nairobi: Government Printer.

Government of Kenya (2012). The Land Registration Act, 2012. Nairobi: Government Printer.


Government of Kenya (2012). The National Land Commission Act, 2012. Nairobi: Government Printer.

Government of Kenya (2012). The Prevention, Protection and Assistance to Integrally Displaced Persons and Affected Communities Act, 2012. Nairobi: Government Printer.

Government of Kenya (2012). The Urban Areas and Cities, 2012. Nairobi: Government Printers.

Government of Kenya (2014). Public Health Policy, 2014. Nairobi: Government Printers.

http://aciizer.com/projects/nairobi-2030-metropolitan-spatial-plan-kenya/

http://www.standardmedia.co.ke/business/article/2000098092/naiobi-s-eastlands-set-for-facelift-withplan-to-build-80-000-houses

Involuntary resettlement: Planning and implementation in development projects. (2004). Washington, DC. (Pages 280-293).

Jica (2014). Integrated Urban Development Master Plan for the City of Nairobi. Nairobi City County

Kenya Institute for Public Policy Research and Analysis. & Ministry of Nairobi Metropolitan Development. (2008). Nairobi metro 2030: A vision for a world class metropolis, first and foremost in Africa and the world. Nairobi, Kenya: Ministry of Nairobi Metropolitan Development.

Kenya National Environment Action Plan. (1994). The Kenya National Environment Action Plan (NEAP). Nairobi, Kenya: NEAP, Ministry of Environment and Natural Resources.

Kenya. (2007). Kenya: Vision 2030. Nairobi: Government of the Republic of Kenya, Ministry of Planning and National Development and the National Economic and Social Council (NESC), Office of the President.

KNBS, 2015. Kenya National Bureau of Statistics Markets Economic Survey Report

Nairobi City County (2014). Nairobi County Integrated Development Plan. Nairobi City County

NaMSIP, 2011. Resettlement Policy Framework for Nairobi Metropolitan Services Improvement Project

NaMSIP, 2011. Resettlement Policy Framework for Nairobi Metropolitan Services Improvement Project

NaMSIP, 2016. Nairobi Metropolitan Services Improvement Project draft Feasibility study report for Mwariro Market

NaMSIP, 2016. Nairobi Metropolitan Services Improvement Project Inception Report

http://aciizer.com/projects/nairobi-2030-metropolitan-spatial-plan-kenya/




World Bank, 1990. World Bank Operational Directive 4.30 on Involuntary Resettlement

World Bank, 2001. World Bank Operational Policy 4.12 on Involuntary Resettlement, Revised 2013

World Bank, 2004. Involuntary Resettlement Sourcebook- Planning and Implementation in Development Projects


ANNEXES

Annex i: Survey Plan for Mwariro

Annex ii: Layout Map for Mwariro

Annex iii: Terms of Reference

Annex iv: PAP Summary Information

Annex v: Census and Asset Inventory Tool

Anne vi: Nairobi County Markets Policy

Annex vii: Public Meeting Notice

Annex viii: Minutes of the Public Meeting, October 4, 2016

Annex ix: Minutes of the Public Meeting, March 2, 2017

Annex x: Attendance Sheets of Public Meeting

Annex xi: Complaints Form

Annex xii: Grievance Acknowledgement Form

Annex xiii: Grievance Resolution Form

Annex xiv: Sample Monitoring and Reporting Format

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ANNEX I: SURVEY PLAN

2

ANNEX II: LAYOUT MAP FOR MWARIRO MARKET

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ANNEX III: TERMS OF REFERENCE

1.0 Background The Government of Kenya (GoK) has received financing from the World Bank towards the cost of the Nairobi Metropolitan Services Improvement Project (NaMSIP) and intends to apply the proceeds for various selected projects in the Nairobi Metropolitan region. The Nairobi Metropolitan Services Improvement Project (NaMSIP) is intended to strengthen service delivery in the metropolitan region. This is being achieved by investing in local infrastructure (markets, roads, street lighting, bicycle and pedestrian pathways, drainage, among others) and in providing large-scale metropolitan infrastructure in the areas of solid waste management, transport and sewerage services. In addition, the project will help to improve service delivery by strengthening the capacity of current and future entities responsible for service delivery, including the central Ministry, local authorities and county governments, utilities and other service providers, and possible future metropolitan authorities responsible for planning, transport and other services. NaMSIP is in line with the Government’s national development priorities and policies as well as ongoing public sector reform agenda. The project is also an integral element of the Bank’s Country Partnership Strategy (CPS) 2010-2013 that emphasizes the themes of growth, equity, and environment, with a special emphasis on governance. The Project has four major components that include; The proposed project comprises four major components; i. Institutional Reform and Planning - This component will assist existing local authorities within the Nairobi metropolitan region, as well as new entities and authorities envisaged in the Constitution of Kenya 2010. These entities include county governments, metropolitan authorities, and agencies, and other units of administration. This component will support the capacity enhancement and planning activities of these entities.

ii. Local Government Infrastructure and Services - This component will be financed on a grant basis and prioritizes urban infrastructure in thirteen urban centers namely: Nairobi, Ruiru, Kikuyu, Kangundo/Tala, Thika, Mavoko, Karuri, Ngong, Limuru, Kiambu, Kitengela, Juja, OngataRongai. The infrastructure to be financed under this component will be the responsibility of the county governments and are mainly small- scale local projects. These include drainage systems, local streets, bicycle and foot paths, street and security lighting, public parks, public markets, solid waste management and street cleaning and fire-fighting equipment and facilities. All projects will be selected on the basis of the existing participatory process for prioritizing local investments. These projects are in line with Nairobi Metro 2030 strategy, the long term development blueprint for Nairobi Metropolitan Region. A number of priority investments have already been selected through citizen participation in the projects selected for the major urban centers. The specific activities NaMSIP will finance out of these lists will be limited by the projects financial allocation for each urban area.

iii. Metropolitan Infrastructure and Services – This component will assist in providing large-scale metropolitan infrastructure in the areas of solid waste management, transport, and sewerage services. The component will for example strengthen the

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connectivity between centers of growth in the metropolitan region by (a) preparing land use plans and constructing or upgrading public infrastructure surrounding commuter rail stations and transport nodes; (b) constructing and rehabilitating strategic roads as identified in the Mass Rapid Transit Study undertaken by the Ministry of Transport, and (c) improving traffic management and flow. Support for sewerage services will include the construction and rehabilitation of wastewater collection systems to enable urban growth in strategic areas as well as wastewater treatment and disposal facilities.

iv. Project Management, Monitoring and Evaluation – This component will finance the management activities associated with project implementation, including establishing and implementing a comprehensive monitoring and evaluation (M&E) system and training of the implementing agencies in resettlement action plans. This component will also provide funds to undertake feasibility studies and prepare designs for implementation under a potential follow-on project in the urban sector in Kenya, and for other studies identified and agreed during implementation. 2.0 Introduction

Development projects, by their nature and sometimes complexity, may involve unavoidable displacement or relocation of persons affected by the projects, commonly referred to as Project Affected Persons (PAPs). Risks associated with such relocation, if unmitigated, often give rise to severe economic, social, and environmental situations; production systems are dismantled; PAPs face impoverishment when their productive assets or income sources are lost; PAPs are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This short report constitutes as a guide terms of reference for preparing and implementing Resettlement Action Plans as safeguards to address and mitigate any potential adverse impacts and impoverishment risks to PAPs in the projects development process. A Resettlement Action Plan (RAP) is a time-bound plan with a budget in which the project proponent or other responsible entity specifies the procedures that it will follow and the actions (resettlement strategy, objectives, options, entitlements, actions approvals, responsibilities, monitoring and evaluation) that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by a development project. The World Bank safeguard policies, that are a set of instruments to ensure that the bank-supported lending operations minimize any adverse impacts on local people, their livelihoods, culture and the environment includes Involuntary Resettlement (Operational Policy 4.12 – OP4.12) as one of the ten instruments that elucidates and emphasizes preparation of detailed resettlement action plans and their full implementation to ameliorate any adverse risks unavoidably caused to PAPs during projects development.

3.0 General Terms of Reference The main objective of a resettlement action plan is to provide a plan for resettlement and rehabilitation of project affected persons so that their losses owing principally to the project are compensated and their standard of living improved or at least restored to the pre-project levels. In this regard, the income earnings potential of individuals is restored

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and their livelihoods sustained. The consultant will be expected to undertake resettlement action plans for each sub-project of NaMSIP, and to prepare independent RAP reports. The RAPs for specific subprojects are conducted to provide information on the following A. Identification of Project Impacts and Affected Population. This should in essence cover:- (a) Mapping of project area

(b) Census of affected populations to identify eligible persons

(c) Inventory of affected assets

(d) Socioeconomic studies

(e) Analysis of surveys and studies

(f) Consultation with affected persons concerning assistance benefits and development opportunities B. Legal and Regulatory Framework - Pertinent international, national and local laws, regulations, acts and standards governing resettlement and rehabilitation of project affected persons should be identified and described and how they relate to the project. Control actions and safeguards required for full legal compliance should also be assessed for implementation. The relevant World Bank safeguard policies, that are a set of instruments to ensure that the bank-supported lending operations minimize any adverse impacts on local people, their livelihoods, culture and the environment need also be considered in this regard – of the ten instruments, Involuntary Resettlement (OP4.12) is the key one that relates to resettlement. C. Compensation Framework that includes Valuations, Compensation Details, Eligibility for Assistance, Entitlement Matrix and Responsibility and Schedule for Compensation Payments D. Resettlement Assistance and Livelihood. This in essence covers;

(a) Selection and preparation of the resettlement site

(b) Influx management

(c) Relocation schedule and assistance

(d) Replacement of services and enterprises

(e) Livelihood restoration

(f) Treatment of cultural property

(g) Special assistance for women and vulnerable groups

E. Budget and Implementation Schedule F. Organizational Responsibilities

G. Consultation and Participation. Resettlement Action Plans should foster information exchange and promote PAPs and stakeholders participation

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H. Grievance Redress I. Monitoring and Evaluation. This is a critical area that comprises of the following;

(a) Performance monitoring

(b) Impact monitoring

(c) Completion audit

4.0 Specific Tasks

1. Introduction a) A brief description of the project, listing project components including associated facilities (if any), describing project components requiring land acquisition and resettlement and giving overall estimates of land acquisition and resettlement 2. Minimizing Resettlement a) Describing efforts and their results of minimizing displacement and describing mechanisms to be used to minimize displacement during project implementation 3. Conducting Census, Socio-Economic Surveys and Mapping of Project Area a) Undertaking physical mapping of the project area by delineation process

b) Providing results of the census, assets inventories, natural resource assessments and socio-economic surveys and mapping to determine eligibility of PAPs

c) Identifying all categories of impacts and people affected

d) Summarizing consultations on the results of the various surveys with affected people

e) Describing need for updates to census, assets inventories, resource assessments and socio-economic surveys, if necessary, as part of RAP monitoring and evaluation 4. Legal and Regulatory Framework a) Describing all relevant national and international laws, regulations and policy frameworks and customs that apply to resettlement

b) Identifying gaps between local laws and World Bank safeguard policies, and describing project-specific mechanisms to address any gaps and conflicts

c) Describing entitlement policies for each category of impact and specifying that resettlement implementation will be based on specific provisions of agreed RAP

d) Describing method of valuation used for affected structures, land, trees, and other assets - valuations of affected structures, land, trees and other assets should be undertaken by a registered land valuer

e) Preparing entitlement matrix 5. Identifying Resettlement Sites

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a) Determining if the project requires community relocation sites and if the affected people have been involved in a participatory process to identify sites, assess advantages and disadvantages of each site to select preferred sites

b) Developing an acceptable strategy for housing replacement that involves the affected people and determining if new housing will be constructed or allocated, where and as applicable

c) Deciding if the project involves allocation of agricultural land, pasture/rangeland or land to conduct individual business

d) Involving individual households that will be allocated lands in identifying potential new sites and them to explicitly accept and select the sites

e) Describing the specific process of involving affected populations in identifying potential housing sites, assessing advantages and disadvantages, and selecting sites

f) Describing the feasibility studies conducted to determine the suitability of the proposed sites, including natural resource assessments (soils and land-use capability, vegetation and livestock carrying capacity, water resource surveys) and environmental and social impact assessments of the sites

g) Demonstrating that the land quality and area are adequate for allocation to all of the people eligible for allocation of agricultural land and providing data on land quality and capability, productive potential, and quantity

h) Giving calculations relating to site requirements and availability i) Providing detailed descriptions of the arrangements for site development for agriculture, pastureland or business land, including funding of development costs

j) Consulting the host communities about the RAP and their participation in the identification of likely impacts of their communities, appropriate mitigation measures and preparation of the RAP to also determine if they have a share of the resettlement benefits 6. Income Restoration and Compensation a) Determining if the compensation entitlements are sufficient to restore income streams for each category of impact and establishing if additional economic rehabilitation measures are necessary

b) Spelling out the restoration strategies for each category of impact and describing their institutional, financial and technical aspects

c) Describing the process of consultation with affected populations and their participation in finalizing strategies for income restoration

d) Determining if the income restoration require change in livelihoods, development of alternative farmlands or some other activities that require a substantial amount of training, time for preparation and implementation

e) Addressing the risks of impoverishment

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f) Establishing the main institutional and other risks for the smooth implementation of the resettlement programs

g) Describing the process for monitoring the effectiveness of the income restoration measures

h) Describing any social or community development programs currently operating in or around the project area and establishing if there are any opportunities for the project proponent to support new programs or expand existing programs to meet the development priorities of communities in the project area 3. Institutional Arrangements

Describing the institution(s) responsible for delivery of each item/activity in the entitlement policy; implementation of income restoration programs; and coordination of the activities associated with and described in the RAP b) Stating how coordination issues will be addressed in cases where resettlement is spread over a number of jurisdictions or where resettlement will be implemented in stages over a long period of time

c) Identifying the agency that will coordinate all implementing agencies and ensuring it has the necessary mandate and resources

d) Describing the external (non-project) institutions involved in the process of income restoration (land development, land allocation, credit, training) and the mechanisms to ensure adequate performance of these institutions

e) Discussing institutional capacity for and commitment to resettlement

f) Describing mechanisms for ensuring independent monitoring, evaluation and financial audit of the RAP and for ensuring that corrective measures are carried out in a timely fashion 8. Implementation Schedule a) Listing the chronological steps in implementation of the RAP, including identification of agencies responsible for each activity and with a brief explanation of each activity

b) Preparing a month by month implementation schedule (using a Gantt Chart for instance) of activities to be undertaken as part of resettlement implementation

c) Describing the linkage between resettlement implementation and initiation of civil works for each of the project components 9. Public Participation and Consultation a) Describing the various stakeholders

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b) Describing the process of involving and promoting consultation/participation of PAPs and stakeholders in resettlement preparation and planning and in implementation and monitoring

c) Describing the plan for disseminating necessary and relevant RAP information to PAPs and stakeholders, including information about compensation for lost assets, eligibility for compensation, resettlement assistance, and grievance redress 10. Grievance Redress a) Describing the step by step process for registering and addressing grievances and providing specific details regarding a cost-free process for registering complaints, response time, and communication modes

b) Describing the mechanism for appeal

c) Describing the provisions for approaching civil courts if all other options fail 11. Monitoring and Evaluation a) Describing performance monitoring process

b) Defining monitoring methodology and key monitoring indicators derived from baseline survey and providing a list of monitoring indicators that will be used for monitoring

c) Describing institutional (including financial) arrangements

d) Describing frequency of reporting and content for monitoring

e) Describing process for integrating feedback from monitoring into implementation

f) Describing arrangements for final external evaluation. 12. Costs and Budgets a) Providing a clear statement of financial responsibility and authority

b) Listing the sources of funds for resettlement and describing the flow of funds

c) Ensuring that the budget for resettlement is sufficient and included in the overall project budget

d) Identifying resettlement costs, if any, to be funded by the government and the mechanisms that will be established to ensure coordination of disbursements with the RAP and project schedule

e) Preparation of an estimated budget, by cost and by item, for all resettlement costs including planning and implementation, management and administration, monitoring and evaluation, and contingencies

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f) Describing the specific mechanisms to adjust cost estimates and compensation payments for inflation and currency fluctuations

g) Describing the provisions to account for physical and price contingencies

h) Describing the financial arrangements for external monitoring and evaluation including the process for awarding and maintenance of contracts for the entire duration of resettlement

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Annexes • Copies of census and survey instruments, interview formats, and any other

research tools

• Information on all public consultation including announcements and schedules of public meetings, stakeholder meetings, meeting minutes and lists of attendees

• Examples of formats to be used in monitoring and reporting on RAP implementation.

• Minutes of entry meeting and negotiation meeting • Vendor lists

5.0 Timing Upon identification of individual NaMSIP sub-project and completion of the relevant feasibility study, a specific TOR shall be developed to outline the tasks for RAP of that specific sub-project. Such TOR should also be based on the provisions of the World Bank safeguard policy on Involuntary Resettlement (OP4.12). Development of the first Draft for a RAP report will require a set of public stakeholder consultations for each project. The period of this assignment of preparing resettlement action plans (RAPs) and preparation of independent RAP reports for sub-projects within the Nairobi Metropolitan Region will be 24 months with a 4-month time limit for each specific sub-project. The table below represents key milestones per sub-project.

Sub-project RAP Implementation Timelines Matrix Key Milestone per sub-project

Time-Frame for sub-project

1. Commencement of assignment

Will be determined by the magnitude and complexity of the particular sub-project

2. Review of completed subproject feasibility study 3. Inception Report 4. Draft RAP Report (including stakeholder Consultations) 5. Final Report 6. Approval of the Final Report by NMED and Key stakeholders

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ANNEX IV: PAP SUMMARY INFORMATION

Census Card Number

Names Photo ID Number

Mobile Number

Gender Recommended Resettlement Support (Ksh.)

1 James Mwangi Irungu

2 Rufus Mburu Kahonu

3 Rafael Gitau Ng'ang'a

4 Joseph Gathirwa Kahinya

5 Josephat Maina Mwangi

6 Joseph Mwangi Githinji

7 Julius Gitonga Waweru

8 Stephene Githinji Karani

9 Jesee Mathenge Wanjoe

10 Samuel Waihenya Gichuri

11 Eric Muchai Kinyungu

12 Timothy Maina Karanja

13 Ruben Mwaura Ndung'u

14 Simon Njuguna Kigari

15 Philip Ngugi Muthotho

16 James Kamau Maina

17 Riverside Youth Group

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ANNEX V: CENSUS AND ASSET INVENTORY TOOL FOR NAMSIP MARKETS’ RESETTLEMENT ACTION PLAN

Note: A consortium comprising of three local firms: Impluso Kenya Ltd, Eco Plan Management Limited and Africa Waste Environment Management Centre (AWEMAC) were contracted to prepare Resettlement Action Plans (RAPs) for the following 15 markets in the Nairobi Metropolitan Region: Nairobi County ( Jogoo Rd/Uhuru, Mwariro, Muthurwa and Karandini); Kiambu County (Ruiru, Kikuyu, Kihara, Kiambu, Githurai, Juja, Madaraka/Thika); Kajiado County: (Ole Kasasi, Ngong and Kitengela); and Machakos County (Tala) County ________________________________________________________________________________________________________ As a Project Affected Person (PAP) you are kindly requested to provide the following information to assist the consultant gather required information for the RAP

Names of Officer (s) Filling this Form: ___________________________________________________ Date:_________________________________________________

A. Bio Data

1. Market Name: _______________________________________________ Current Stall No:____________________ Census Card No.____________________

2. Full Name of PAP/ Trader/ Establishment Owner as per ID: ______________________________________________________________________________

3. Identification: National ID. No: (Provide Clean Photocopy) __________________________________Mobile Tel No: ___________________________________

4. Gender of Respondent: a) Male ( ) b) Female ( )

5. Marital Status: a) Single ( )b) Married ( ) c)Widowed ( ) d)Separated ( )e) Divorced( )

6: Age: _____________________

B. Socio-Economic Data

7.Education Level: a) None ( ) b) Primary ( ) c) Secondary ( ) d) Tertiary ( )

8.Literacy level (Reading and Writing): a) English ( ) b)Kiswahili ( ) c)Both ( )

9.Household Size: _____________________10. Males ( ) Females ( ) 11. No. of Adults (18yrs and above) _____________________________________

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12 No. of Children (Below 18 yrs) ___________________________________

13. No. of those above 65 years (old) ________________________________

14. No. of Physically Challenged People: ___________________________

15. Ownership of business: a) Owner ( ) b) Employee ( )

16. Size of Business (No. of employees): a) 1-5 pple ( ) b) 6-10pple ( ) c) >10pple ( )__________

17. Other business stalls owned/sublet: a) Yes ( ) b) No ( )

C. Business Income

18. Type of trade: Wholesale ( ) b Retail ( )

19. Trade commodity: Manufacturing and Motor spare parts ( ), Clothes and Shoes ( ) Groceries and food stuff vending ( ), Electronics ( ):

20. Gross Income from the Business per Month in Ksh:.a) 1000-10K ( ) b) 11-20K ( ) c) 21-30K( ) d)31-40K( ) e)41-50K ( ) f)51-60K ( )

g) 61-70K ( ) h) 71-80K ( ) i)81-90K( ) j)91-100K( ) k)>100K ( )

21. Estimated Gross Business expenditures Per Month in Ksh: a) 1000-10K ( ) b)11-20K ( ) c) 21-30K( ) d)31-40K( ) e)41-50K ( )

f) 51-60K ( ) g)61-70K( ) h)71-80K( ) i)81-90K( ) j)91-100K( ) k)>100K ( )

22. Net Business Profit per Month: a)1000-10K ( ) b)11-20K ( )c) 21-30K( )d)31-40K( )e)41-50K ( )f)51-60K ( )g)61-70K( )

h)71-80K( )i)81-90K( )j)91-100K( )k)>100K ( )

D. Household Income

23. Estimated Total Monthly Household Income: a) 999< ( )b)1000-10K ( ) c)11-20K ( )d) 21-30K( )e)31-40K( )f)41-50K ( )

g)51-60K ( )h)61-70K( )i)71-80K( )k)81-90K( )m)91-100K( )o)>100K( )

24. Distance covered from home to the market: a) <IKm ( ) b) 1-5Km ( ) c) 6-10Km ( ) d)>10km ( )

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25. List of traders’ SACCO/ traders’ associations within the market in which you are a member (provide membership card or membership number) _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

26. Duration of tenancy/ operation in the market a) < 1 year ( ) b) 1-5 years ( ) c)6-10 years ( ) d) > 10years ( )

27. List any most common health, environmental, social problems and general business challenges you face within the market: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

28. General views on the proposed project and resettlement likely to happen: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. ASSETS INVENTORY

29. Registered by: a) County ( ) b) Unregistered ( )

30. If Unregistered: a) Fixed premises ( ) b) Mobile vendors (Hawkers) () c) Both( )

31. Amount of rent/cess paid per month: __________________

32. Ownership of business premise: a) County ( ) b) Private ( ) c) Rented( )

33. List of assets

a. Movable Assets (specify if private, public or joint venture)

Type of Asset Description

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b. Stationery Assets

i. Structure Details

S/N Ownership (county or private)-if

private, is it personal or rented. How much rent? Who is the landlord?

Size of structure/stall

(Length x Width )

Nature of structure (permanent, temporary)

Construction Material used (type of flooring,

roofing, wall and counter material)

Cost estimates of the materials

Cost of labour Observations (Type of trade, type of commodity, average income)

Floor_____________________ Walls____________________ Trading Base/counter____________ Roof______________________ Other Materials________

Floor_____________________ Walls____________________ Trading Base/counter____________ Roof______________________ Other Materials________

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Total

Other Details ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ii. Open Ground Details

Space No____________________________________ GPS Coordinates/Location______________________________________________

Other Details ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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ANNEX VI: NAIROBI COUNTY MARKETS POLICY

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ANNEX VII: PUBLIC MEETING NOTICE

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ANNEX VIII:

MINUTES FOR THE PUBLIC MEETING

PUBLIC MEETING MINUTES FOR THE PREPARATION OF A RESETTLMENT ACTION PLAN (RAP) FOR MWARIRO MARKET NaMSIP SUBPROJECT AT THE MARKET’S OPEN GROUND ON 4TH OCTOBER, 2016 AT 2.30 PM

MEMBERS PRESENT (List Attached)

Agenda • Preliminaries • Introductions • Opening Remarks from the Resettlement Action Plan Representative • Questions, Comments and Recommendations • Adjournment

Min 1/ Mwariro RAP/ Public Participation/ 04-10-16: Preliminaries The meeting was called to order by the youth leader at 3.00PM and was opened with a word of prayer from the RAP Team Leader who also thanked the group for attending the meeting. Min 2/ Mwariro Market RAP/Public Participation/ 04-10-16: Introductions The RAP Team Leader, Prof. Kibwage began by introducing himself as a consultant for the Ministry of Transport, Infrastructure, Housing and Urban Development under the NaMSIP projects. The meeting attendants also introduced themselves, each by name. Min 3/Mwariro Market RAP/ Public Participation/ 04-10-16: Remarks by the RAP Team Leader The RAP Team Leader informed the group that NaMSIP was an all-encompassing project whose components included improvement of roads, drainages, street lighting and markets and that there are 15 select markets in the Nairobi Metropolitan Region to be improved by the project. Out of these, 4 were in Nairobi City County where Mwariro also falls, 7 in Kiambu County, 1 in Machakos County and 3 in Kajiado County. Since funds were being received from World Bank for these projects, there was need to follow the bank’s guidelines on resettlement and treatment of project-affected persons to avoid harming anyone. He further informed the youth that the government was interested in starting the proposed market construction soon and that the purpose of the consultative meeting was to gather views on how they perceived the project and in what ways they would like to be integrated to ensure they do not lose out. He noted that the envisioned construction period was 1 year. He encouraged the youth to contribute positively and to give ideas on how they would best be handled during project implementation.

Min 5/Mwariro Market RAP/ Public Participation/ 04-10-16: Questions,

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Answers and Comments

1. The group proposed to be allowed to continue operating within the site during and after construction of the market. They proposed a water kiosk from where they would continue their water vending business and they also proposed to be allowed to manage the proposed external ablution block. They recommended that the water kiosk be placed next to the ablution block for easier management

2. The RAP Team responded that another meeting will be held to respond to the Group’s issues. Another meeting was held on 2nd March 2017 at 2pm at the site with the Youth Group and RAP time to respond to issues. Below see Annex XII of the minutes of the meeting held on 2nd March 2017 to respond to issues of the Youth Group.

3. One member enquired on the possibility of the group being allowed to continue acting as security and to guard the construction materials

The RAP Team Leader informed them that the contractor might come with his own security but the report would recommend that the group be integrated. Some activities can be sub-contracted to them especially in the supply of materials. The youth could also offer their labour in exchange for wages during construction.

4. One member asked about ownership of stalls and if a room would be given to the youth to hold their meetings

The RAP Team Leader responded that he would recommend that they be given stalls in the report. He then asked them to name the types of businesses they would be interested in doing if allocated new stalls and they listed selling of clothes, shoes, barber shops, hardware, electronics, salon, butchery, restaurant and general shops. The RAP Team Leader then informed them that all these categories of stalls had already been catered for in the designs. He also informed them that there would be social halls that would be utilized for meetings. If they wanted an office, he advised that they should form a sacco (cooperative?) or a formal group that would be identified formally.

5. The group was curious about the criteria to be used for allocation of stalls in the new market. They proposed that a committee be set up with representatives from the Riverside Youth Group, the county government and the local leadership of Ziwani, Kariokor Ward to vet all the people who will show interest in occupying the new market. They proposed that locals should be prioritized as much as possible to reduce the menace of traders along the roadsides.

The RAP Team Leader responded that these concerns were well noted and recommendations would be included in the RAP report.

6. One member wanted to know if there would be charges for the new stalls i.e. rent and if this would include license fee and who would be paid

The RAP Team Leader clarified that the market would fall under the County Government of Nairobi City and that rent would still apply at the applicable rates. As for the license

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fee, it would differ depending on the type of business being run.

7. One member sought clarification on how long construction period would be

The RAP Team leader responded that the construction would take a maximum of one year

8. One member inquired if there would be parking, daycare and carwash facilities. He recommended that security of the parking be left to the youth group as well as management of the car wash

The RAP Team Leader confirmed that all these facilities were in the design. The RAP report would capture all the recommendations given regarding management.

9. One member inquired about the security management plan. He proposed that a police post would be preferable within the market to avoid inconveniencing traders who have to leave their businesses to run to the chief’s office to report cases

The RAP Team Leader responded that there were provisions for security lights, CCTV cameras and security guards. He also added that the suggestions from the group would be included in the report as recommendations.

10. One member inquired if they would get support for startup businesses

The RAP Team Leader responded that he would recommend in the report that youth be linked to credit facilities such as Youth Fund, Uwezo Fund so that they get loans.

Adjournment There being no other business, the meeting was adjourned at 4.30PM with a word of prayer from the group chairman. RAP Team Leader Name: Prof. Jacob K. Kibwage Sign_____________ Date: __________ Representative, Ministry of Transport, Infrastructure, Housing and Urban Development Name: _____________________ Designation:______________ Sign_______________ Date:__________ NB: A copy of attendance list for this meeting is attached to these minutes

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ANNEX IX PUBLIC MEETING MINUTES FOR THE PREPARATION OF A RESETTLMENT ACTION PLAN (RAP) FOR MWARIRO MARKET NaMSIP SUBPROJECT AT THE MARKET’S OPEN GROUND ON 2ND MARCH, 2017 AT 2.00 PM

MEMBERS PRESENT (List Attached)

Agenda • Preliminaries • Introductions • Opening Remarks from the Resettlement Action Plan Representative • Adjournment

Min 1/ Mwariro RAP/ Public Participation/ 03-03-17: Preliminaries The meeting was called to order by the youth leader at 2.30PM. The RAP representative thanked the group for attending the meeting. Min 2/ Mwariro Market RAP/Public Participation/ 03-03-17: Introductions The RAP representative, Mr. Wafula began by introducing himself as a consultant for the Ministry of Transport, Infrastructure, Housing and Urban Development under the NaMSIP projects. The meeting attendants also introduced themselves. Min 3/Mwariro Market RAP/ Public Participation/ 03-03-17: Remarks by the RAP Representative The RAP representative informed the group that the RAP team had various meetings with the group and in those meetings the youth group raised issues that were to be addressed. He further informed the youth that the government was interested in starting the proposed market construction soon and that the purpose of the consultative meeting was to reassure the youths that their concerns had been taken care of by the RAP Team. He further noted that the designs had provision for office space and security office and the youths were to be allocated with a stall each.

• He reassured the youths will be absorbed as casual labors during the construction phase depending on their ability to work.

• The RAP team informed the youth Group that the market will have provision of water points and ablution blocks for men and women. The management of these facilities will be advised by the market policy.

• The Youth Group had inquired if they can provide security at the market. The Rap team informed them that the contractor will provide this service.

• The Youth group were informed that the criteria for stall allocation to be used would be the same criteria that other markets have used successfully.

• The Group were informed that the designs will incorporate a hall where they shall hold meetings.

• The Group was informed that parking, daycare and car wash facilities had been incorporated in the designs.

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• The Group were informed that a security guard office will be provided for in the market and other security measures had also been provided such as CCTV cameras, security lights and security guards.

• The Group was advised that offices of Uwezo Fund will be located at the market and advised the Group to take advantage of the credit support facilities that they have to assist them improve their livelihood.

Adjournment There being no other business, the meeting was adjourned at 3.30PM with a word of prayer from the group chairman. RAP Representative Name: Peter Wafula Sign_____________ Date: __________ NB: A copy of attendance list for this meeting is attached to these minutes

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Pictures from the meeting

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ANNEX X: ATTENDANCE SHEETS

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ANNEX XI: COMPLAINTS FORM

COMPLAINTS FORM FOR PROJECT AFFECTED PERSONS FOR MWARIRO MARKET CONSTRUCTION PROJECT Grievance No:………………………………………………… 1. Complainant’s personal details (MaelezoyaMlalamishi) NAME (Jina)…………………………………………………………………………………………………………………………………….. ID NO (NambariyaKitambulisho) (Attach copy of ID)…………………………………………………………………………………… PHONE NO (NambariyaSimu)………………………………………………………………………………………………………………. ROAD (Barabara)……………………………………………………………………………………………………………………………… SIGNATURE (Sahihi)………………………………………………………………………………………………………………………… DATE (Tarehe)…………………………………………………………………………………………………………………………………… The complaint (Malalamishi) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 2.Details of person the complaint is raised against (If applicable) (UnalalalmikaKuhusuNani) NAME (Jina)………………………………………………………………………………………………………………………………………. ID NO (NambariyaKitambulisho) (Attach copy of ID)…………………………………………………………………………. PHONE NO (NambariyaSimu)……………………………………………………………………………………………………………….. ROAD (Barabara)……………………………………………………………………………………………………………………………….. SIGNATURE (Sahihi)…………………………………………………………………………………………………………………………… DATE (Tarehe)…………………………………………………………………………………………………………………………………….

DECLARATION (KIAPO)

I (mimi)…………………………………………………………………………….declare that the information provided in this form is correct (naapayakwambamaneno/ujumbeninaoupeananiwakweli)

Signature (sahihi)…………………………………………………..

Thumb Print

WITNESSED BY (Shahidi)

PRESENTED BY :( Wasilisho la)

Representatives of Project Affected Persons (MwakilishiwaWalioadhiriwanaujenziwabarabara)

Representative (Mwakilishi)

NAME (Jina)……………………………………………………………………………

ROAD (Barabara)………………………………………………………………………

SIGNATURE (Sahihi)…………………………………………………………………..

DATE (Tarehe)…………………………………………………………………………..

ID NO (NambariyaKitambulisho)…………………………………………………….

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SECTION TO BE FILLED BY COMMITTEE (ENEO LA KUJAZWA NA KAMATI)

Resettlement Allowance Required (FidiayaUhamisho) Yes (Ndio) No (Apana)

Corrective Action Steps/Reasons for Provision/Rejection of Resettlement Allowance (Mikakatiyamarekebisho/Sababauzakupeanafidiayauhamisho.

Due Date (Sikuya Mwisho)

1.

2.

3.

COMPENSATION ACTION AND SIGN OFF (By Chair GRC) (JINSI YA KUAFIDIA)

This form must be returned to the Ministry of Transport, Infrastructure, Housing and Urban Development hand delivered to their offices or through Nairobi City County.

ANNEX XII: GRIEVANCE ACKNOWLEDGEMENT FORM

Date Received:……………………………………………………. Grievance No:……………………………………………

1. Complainant’s details. Name: …………………………………………………………………………………………………… ID No: …………………………………………………………………………………………………… Address: ………………………………………………………………………………………………… Tel: ............................................................................................................................................. Email: ……………………………………………………………………………………………………. Signature: ……………………………………………………………………………………………….

2. Complaint Raised

1…………………………………………………………………………………………………………

2……………………………………………………………………………………………………………

3……………………………………………………………………………………………………………

3. Receiving Officer

Name: …………………………………………………………………………………………………… Designation: …………………………………………………………………………………………….. Address: ………………………………………………………………………………………………… Tel: ............................................................................................................................................. Email: ……………………………………………………………………………………………………. Expected date of Grievance resolution: …………………………………………………………….. Signature and Stamp: ……………………………………………………………………………………


ANNEX XIII: GRIEVANCE RESOLUTION FORM

GRIEVANCE RESOLUTION AGREEMENT Grievance No:…………………………………

1. Complainant’s details.

Name: …………………………………………………………………………………………………… ID No: …………………………………………………………………………………………………… Address: ………………………………………………………………………………………………… Tel: ............................................................................................................................................. Email: ……………………………………………………………………………………………………. Signature: ……………………………………………………………………………………………….

2. Complaint Raised

1…………………………………………………………………………………………………………

2……………………………………………………………………………………………………………

3……………………………………………………………………………………………………………

3. Agreed resolution.

1……………………………………………………………………………………………………………

2……………………………………………………………………………………………………………

3……………………………………………………………………………………………………………

I ……………………………………………………………………………….hereby confirm that I will consider the complaint/grievance fully settled if the Conditions set out under item 3 here above are fully met. Complainant Contractor / Resident Engineer Name: ……………………………… ……………. Name: ……………………………………………………. Date: ……………………………………………. Date: ……………………………………………………… Sign: ……………………………........................ Sign: ………………………………………………………


ANNEX XIV: SAMPLE MONITORING AND EVALUATION FORMAT

Indicator Source of information Frequency of monitoring

INPUT INDICATORS Overall spending on compensation

Financial records Quarterly

Number and type of PAPs Census results and grievance forms Annually Number of staff engaged throughout

Human resource department of the implementation unit

Quarterly

OUTPUT INDICATORS Number of PAPs who have moved to new location

Data management system Monthly

Replaced facilities and structures

Construction records from project management

Monthly

OUTCOME INDICATORS

Number and trends of grievances

Grievance redress management system Monthly

Time taken for full compensation

Project implementation reports Quarterly

Use of compensation Survey of compensated PAPs Annually Satisfaction with resettlement Survey of resettled PAPs Annually Incomes Survey of resettled PAPs Annually Number of traders Census of PAPs Number of female-headed households

Survey of PAPs Annually

Percentage of tenants Survey of PAPs Annually Average monthly profits Survey of PAPs Quarterly

abbreviated resettlement action plan -...

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