republic of kenya athi water services board republic of...

ORIGINAL

Republic of Kenya Athi Water Services Board

REPUBLIC OF KENYA

MINISTRY OF WATER AND IRRIGATION

ATHI WATER SERVICES BOARD

WATER AND SANITATION SERVICE IMPROVEMENT PROJECT ADDITIONAL

FINANCE-(WASSIP-AF)

LOAN NO.: IDA 51030-KE

CONSULTANCY SERVICES FOR REVIEW OF DESIGN ANDSUPERVISION OF CONSTRUCTION OF RUIRU SEWERAGE NETWORK

IMPROVEMENT PROJECT

RESETTLEMENT ACTION PLAN REPORT -AUGUST 2017

FINAL VERSION REPORT

CONSULTANTS:

SHAH TECHNICAL CONSULTANTS PVT. LTD INTEGRATED SCIENCE AND ENGINEERING PROJECTS LTD 407, RAHEJA CENTRE, PLOT NO. 214, IN JVDENIS PRITT ROAD, HERI PARADISE- C8,

NARIMAN POINT MUMBAI- 400021 P.O BOX 3271-00200 NAIROBI.INDIA. KENYA.

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CONSULTANCY SERVICES FOR DESIGN REVIEW AND SUPERVISION OF

CONSTRUCTION OF RUIRU SEWERAGE NETWORK IMPROVEMENT PROJECT RESETTLEMENT ACTION PLAN REPORT- AUG 2017

COPYRIGHT

STC/ISEP LTD JOINT VENTURE PAGE I

©STC.ISEP LTD JV 2017

The information contained in this document is solely for the use of the Client identified on the cover sheet for the purpose for which it has been prepared.

The Joint Venture of STC/ISEP Ltd undertakes no duty to or accepts any responsibility to any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without written permission of the Joint Venture.


CONSTRUCTION OF RUIRU SEWERAGE NETWORK IMPROVEMENT PROJECT RESETTLEMENT ACTION PLAN REPORT-AUGUST 2017

QUALITY ASSURANCE


Resettlement Action Plan Report-August 2017

Final Version Report

Prepared for:

Athi Water Services Board P.O. Box 45283 00100-Nairobi Kenya

Prepared by

Shah Technical Consultants Pvt Ltd/Integrated Science &Engineering Projects Ltd JV

Version Date Authors Signed Checked Signed Comment

1 01.08.2017 Samuel Amimo

Eng. C. Opati

Final Version

Huini Kabui

Aritho Gitonga



TABLE OF CONTENTS


WATER AND SANITATION SERVICE IMPROVEMENT PROJECT-ADDITIONAL FINANCE


CONSTRUCTION OF RUIRU SEWERAGE NETWORK IMPROVEMENT PROJECT

RESETTLEMENT ACTION PLAN REPORT-AUGUST 2017

TABLE OF CONTENTS

EXECUTIVE SUMMARY

GLOSSARY OF TERMS ............................................................................................................. I

1 INTRODUCTION ....................................................................................................... 1-1

1.1 Background Information ............................................................................................. 1-1

1.2 Scope of Resettlement Action Plan ............................................................................ 1-1

1.3 Objectives of the Resettlement Action Plan (RAP) ..................................................... 1-2

1.4 Study Methodologies ................................................................................................. 1-2 1.4.1 General methodology ................................................................................................ 1-2 1.4.2 Detailed methodology ................................................................................................ 1-2

1.5 Guiding Principles for the RAP ................................................................................... 1-3

2 PROJECT DESCRIPTION ........................................................................................ 2-1

2.1 Purpose of Works ...................................................................................................... 2-1

2.2 Project components ................................................................................................... 2-1

2.3 Scope of Works ......................................................................................................... 2-1 2.3.1 Description of works .................................................................................................. 2-1 2.3.2 Construction period .................................................................................................... 2-2 2.3.3 Other Site data .......................................................................................................... 2-2

2.4 LOCATION OF PROJECT SITE ................................................................................ 2-3

2.5 Project activities ......................................................................................................... 2-5 2.5.1 Site inspection ........................................................................................................... 2-5 2.5.2 Site Clearance ........................................................................................................... 2-5 2.5.3 Surface Levels ........................................................................................................... 2-5 2.5.4 Topsoil Removal ........................................................................................................ 2-5 2.5.5 Demolition works ....................................................................................................... 2-5 2.5.6 Excavation works ....................................................................................................... 2-5 2.5.7 Disposal of Excavated Material .................................................................................. 2-6 2.5.8 Disposal of Surplus Demolition and Excavated Materials........................................... 2-6 2.5.9 Backfilling works ........................................................................................................ 2-6 2.5.10 Compaction ............................................................................................................... 2-6 2.5.11 Surface Reinstatement and Restoration .................................................................... 2-6 2.5.12 Restoration of Borrow Areas, Spoil Tips and Quarries ............................................... 2-7

3 SOCIO-ECONOMIC BASELINE CONDITION ........................................................... 3-1

3.1 Introduction ................................................................................................................ 3-1

3.2 Context ...................................................................................................................... 3-1

3.3 Objective of the Socio-Economic Baseline survey; .................................................... 3-1



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3.4 Expected outputs of the exercise ............................................................................... 3-2

3.5 Approach and Methodology to the Field Work ........................................................... 3-2 3.5.1 Literature review and secondary data collection ........................................................ 3-2 3.5.2 Fieldwork and Primary data collection applying the Participatory Approach ............... 3-3 3.5.3 Training Enumerators and Pretesting the Data Collection Tools ................................ 3-3 3.5.4 Sampling design ........................................................................................................ 3-4 3.5.5 List of Locations and Sub Locations .......................................................................... 3-4 3.5.6 Research Instruments ................................................................................................ 3-4 3.5.7 Data Cleaning, Data Entry, Analysis and draft report Writing ..................................... 3-5

3.6 Administrative Settings and Demographic Characteristics of the Project Area ........... 3-5 3.6.1 Administrative Settings .............................................................................................. 3-5 3.6.2 Project Location ......................................................................................................... 3-5 3.6.3 Administrative Units ................................................................................................... 3-5 3.6.4 Demographic Characteristics ..................................................................................... 3-6 3.6.5 Gender and Vulnerable Groups ................................................................................. 3-7 3.6.6 Community organization and cultural parameters ...................................................... 3-7 3.6.7 Social Amenities and Development of Infrastructure .................................................. 3-7 3.6.8 Electricity and communication ................................................................................... 3-7 3.6.9 Road Infrastructure .................................................................................................... 3-8 3.6.10 Access to Water ........................................................................................................ 3-8 3.6.11 Sanitation Situation .................................................................................................... 3-9 3.6.12 Sewerage service .................................................................................................... 3-10 3.6.13 Access to Health and Health Status in Project Area ................................................. 3-11 3.6.14 Capacities and capabilities of beneficiaries to participate in the proposed project .... 3-11 3.6.15 Land use, including land holding and ownership patterns; ....................................... 3-13 3.6.16 Land Tenure System given in project area ............................................................... 3-13 3.6.17 Informal settlement .................................................................................................. 3-13 3.6.18 Household Economy ................................................................................................ 3-13 3.6.19 Incomes and expenditure ......................................................................................... 3-14 3.6.20 Household expenditure ............................................................................................ 3-15 3.6.21 Awareness of RSNIP ............................................................................................... 3-15 3.6.22 Participation in the Project ....................................................................................... 3-15 3.6.23 Positive Effects of RSNIP ........................................................................................ 3-16 3.6.24 Negative Effects of the RSNIP ................................................................................. 3-16 3.6.25 Conclusion ............................................................................................................... 3-17

4 LEGAL AND REGULATORY FRAMEWORK ........................................................... 4-1

4.1 Introduction ................................................................................................................ 4-1

4.2 The National Land Policy ........................................................................................... 4-1

4.3 The Constitution of Kenya .......................................................................................... 4-1

4.4 The National Land Commission Act 2012 .................................................................. 4-3

4.5 The Land Act 2012 .................................................................................................... 4-4

4.6 Land Registration Act of 2012 .................................................................................... 4-6

4.7 The Environment and Land Court Act 2011 ............................................................... 4-6

4.8 The prevention, protection and assistance to internally displaced persons and affected communities Act 2012 ............................................................................................... 4-7

4.9 Trust Land Act Chapter 228 Laws of Kenya ............................................................... 4-8

4.10 The land adjudication Act Cap 284 ............................................................................ 4-8

4.11 The Valuers Act ......................................................................................................... 4-9

4.12 Matrimonial Property Act 2013 ................................................................................... 4-9



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4.13 World Bank OP 4.12 - Involuntary Resettlement ...................................................... 4-10 4.13.1 Introduction .............................................................................................................. 4-10 4.13.2 Objectives of the Operational Principles .................................................................. 4-10 4.13.3 Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12 ..................................... 4-11

5 PROJECT DISPLACEMENT IMPACTS .................................................................... 5-1

5.1 Introduction ................................................................................................................ 5-1

5.2 Project impacts .......................................................................................................... 5-1 5.2.1 Disruption of socio-economic activities within the project area ................................... 5-1 5.2.2 Disruption of services within the project alignment area ............................................. 5-1 5.2.3 Impact on fences and perimeter walls ........................................................................ 5-1 5.2.4 Impact on crops ......................................................................................................... 5-1 5.2.5 Impact on public infrastructure ................................................................................... 5-2

5.3 Project components and activities that give rise to displacement/resettlement ........... 5-7 5.3.1 Site Clearance ........................................................................................................... 5-7 5.3.2 Topsoil Removal ........................................................................................................ 5-7 5.3.3 Disposal of Excavated Material .................................................................................. 5-7 5.3.4 Excavation works ....................................................................................................... 5-7 5.3.5 Demolition works ....................................................................................................... 5-7

5.4 Categories of impacts ................................................................................................ 5-7 5.4.1 Project affected persons with land, crops and trees (land, trees and crops) ............... 5-8 5.4.2 Project affected persons with business enterprises .................................................... 5-8 5.4.3 Project affected persons through disruption of services ........................................... 5-17

5.5 Mechanisms established to minimise displacement/ resettlement ............................ 5-19 5.5.1 Community sensitizations ........................................................................................ 5-19 5.5.2 Restricting project activities to road reserves and storm water drainage channels ... 5-19 5.5.3 Restoration and compensation ................................................................................ 5-19

6 RESSETLEMENT COMPENSATION STRATEGIES ................................................ 6-1

6.1 Key Principles ............................................................................................................ 6-1

6.2 Conditions of Eligibility for Compensation .................................................................. 6-1 6.2.1 Cut-Off Date .............................................................................................................. 6-1 6.2.2 Eligibility .................................................................................................................... 6-1

6.3 Entitlements ............................................................................................................... 6-1

6.4 Overview of Compensation Packages for the Main Categories of Project-Affected People ....................................................................................................................... 6-4

6.5 Cash Compensation .................................................................................................. 6-5 6.5.1 General ...................................................................................................................... 6-5 6.5.2 Crops ......................................................................................................................... 6-5

7 GRIEVIENCE MANAGEMENT AND REDRESS .......................................................... 6

7.1 Introduction ................................................................................................................... 6

7.2 General information ...................................................................................................... 6

7.3 Expected grievances .................................................................................................... 6

7.4 Proposed grievance redress mechanism ...................................................................... 7

7.5 ORGANISATIONAL STRUCTURE FOR CONFLICT RESOLUTION ............................ 8 7.5.1 Introduction ................................................................................................................... 8 7.5.2 Levels of Grievance Redress Mechanism ..................................................................... 8

7.6 Grievance redress model for water reinstatements .................................................... 7-1

8 MONITORING AND COMPLETION AUDIT .............................................................. 8-2



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8.1 General Objectives of Monitoring ............................................................................... 8-2

8.2 INTERNAL MONITORING ......................................................................................... 8-2

8.3 EXTERNAL MONITORING ........................................................................................ 8-2

8.4 MONITORING AND EVALUATION INDICATORS ..................................................... 8-3

8.5 METHODS OF MONITORING ................................................................................... 8-1

8.6 REPORTING ............................................................................................................. 8-1

9 COMMUNITY PARTICIPATION AND CONSULTATION .......................................... 9-1

9.1 Background ............................................................................................................... 9-1

9.2 Objective of public consultation .................................................................................. 9-1

9.3 Stakeholder engagement ........................................................................................... 9-1 9.3.1 Key informant interviews ............................................................................................ 9-1 9.3.2 Public meeting summaries ......................................................................................... 9-4

9.4 Disclosure of RAP Report .......................................................................................... 9-5 9.4.1 Introduction ................................................................................................................ 9-5 9.4.2 Background ............................................................................................................... 9-5 9.4.3 Disclosure of RAP report by Athi Water Services Board (AWSB) ............................... 9-5 9.4.4 Documents to be disclosed at various levels ............................................................. 9-5

10 RAP IMPLEMENTATION ........................................................................................ 10-1

10.1 General .................................................................................................................... 10-1

10.2 Institutional arrangements ....................................................................................... 10-1 10.2.1 AWSB Ressetlement Unit (ARU) ............................................................................. 10-1 10.2.2 PAP Committee (PC) ............................................................................................... 10-1 10.2.3 Local Administrators ............................................................................................... 10-2 10.2.4 Affected persons and affected Business owner ....................................................... 10-3 10.2.5 The RAP Team ........................................................................................................ 10-3

10.3 Liaison with the Government of Kenya .................................................................... 10-3

10.4 Key activities during RAP implementation ............................................................... 10-3 10.4.1 Public Participation with the PAPs .......................................................................... 10-3 10.4.2 Notification of resource owners .............................................................................. 10-3 10.4.3 Agreement on Compensation and Preparation of Contracts ................................... 10-4 10.4.4 Compensation Payments ........................................................................................ 10-4

10.5 Timelines for RAP implementaion ........................................................................... 10-4

10.6 Budget .................................................................................................................... 10-6 APPENDIX I: Minutes of Community Mobilization and Introductory Meetings .................... 2 APPENDIX II: Socio-Economic Survey Questionnaires ....................................................... 33 APPENDIX III: Sample Grievance Forms .............................................................................. 43 APPENDIX IV: Sample Terms of Reference for External Monitoring Consultant ............... 49



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LIST OF TABLES

Table 1: Breakdown of tertiary sewers within the project area ................................................. 2-1 Table 2: Introductory committee meetings conducted within the project area .......................... 3-3 Table 3: Project coverage in administrative units ..................................................................... 3-4 Table 4: List of locations and sublocations .............................................................................. 3-6 Table 5: Population and population density ............................................................................. 3-6 Table 6: Relationship between the age and gender of the respondents ................................... 3-6 Table 7: Sources of energy used for lighting ............................................................................ 3-8 Table 8: Standard rating for roads ........................................................................................... 3-8 Table 9: Public/ purchased water sources ............................................................................... 3-9 Table 10: Types of sanitation facilities ................................................................................... 3-10 Table 11: Sewerage service rating ........................................................................................ 3-11 Table 12: Access to health facilities ....................................................................................... 3-11 Table 13: Common diseases reported in the last 12 months at respondents level ................. 3-11 Table 14: Level of education completed ................................................................................ 3-12 Table 15: Category of land tenure system ............................................................................. 3-13 Table 16: Tenancy and land ownership ................................................................................. 3-13 Table 17: Household expenditure on non-food items ............................................................. 3-15 Table 18: Household expenditure on food items .................................................................... 3-15 Table 19: Positive effects of the project ................................................................................. 3-16 Table 20: Perceived negative effects of the project ............................................................... 3-17 Table 21: Emerging issues and mitigation measures ............................................................. 3-17 Table 22: Comparative analysis of World Bank OP 4.12 and Government of Kenya requirements ......................................................................................................................... 4-12 Table 23: Matrix of project impacts and mitigation measures................................................... 5-3 Table 24: PAPs through loss of structures (fence and perimeter wall) ..................................... 5-9 Table 25: PAPS through loss of crops and trees ..................................................................... 5-9 Table 26: PAPs through loss of income due to business inaccessibility ................................. 5-10 Table 27: PAPs through temporary relocation and loss of sales ............................................ 5-12 Table 28: PAPs through loss of sales through closure of business ........................................ 5-12 Table 29: PAPs through business reconstruction costs ......................................................... 5-14 Table 30: List of businesses affected by ongoing activities and value of losses incurred ....... 5-16 Table 31: Project affected persons through loss of property and disruption of services ......... 5-18 Table 32: Project affected persons through disruption of water services ............................... 5-18 Table 33: Actual number of PAPs identified within the project area ....................................... 5-19 Table 34: Entitlement Matrix .................................................................................................... 6-2 Table 35: Eligibility and compensation packages for main categories of PAPs ........................ 6-4 Table 36: Key actors and causes used to conceptualize grievance form .................................... 7 Table 37: Monitoring and evaluation indicators ........................................................................ 8-1 Table 38: Summary of discussions with key informants in Ruiru and Juja Sub Counties ......... 9-2 Table 39: Summaries of Public Meetings held ......................................................................... 9-4 Table 40: Local administrators to be involved in the implementation of the RAP report ......... 10-2 Table 41: Activity schedule for RAP implementation .............................................................. 10-4 Table 42: Time schedule for RAP implementation ................................................................. 10-5 Table 43: RAP budget ........................................................................................................... 10-6



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LIST OF FIGURES

Figure 1: Map of the project area ............................................................................................. 2-4 Figure 2: Household source of water ....................................................................................... 3-9 Figure 3: Level of education of household head .................................................................... 3-12 Figure 4: Household economy ............................................................................................... 3-14 Figure 5: Level of income ...................................................................................................... 3-14 Figure 6: Awareness of the project ........................................................................................ 3-16 Figure 7: Flow chart of the proposed grievance redress mechanism ........................................ 11 Figure 8: Grievance redress model for water reinstatement .................................................... 7-1

LIST OF PLATES

Plate 1: Pit latrine in Gitambaya and water kiosk at the background ...................................... 3-10 Plate 2: Markings of project alignment area and businesses affected .................................... 5-17 Plate 3: Public meeting at Mutonya health centre, Gatongora Sub Location ............................ 9-4



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LIST OF ACRONYMS AND ABBREVIATIONS

ADR Alternative Dispute Resolution AWSB Athi Water Services Board CBD Central Business District CEC County Executive Committee Member CEO Chief Executive Officer DSDO District Social Development Officer EMSF Environmental Management and Social Framework ESIA Environmental and Social Impact Assessment FGD Focus Group Discussion GoK Government of Kenya Ha Hectare IPDP Indigenous People’s Development Plan KM Kilometre NAMSIP Nairobi Metropolitan Services Improvement Programme NEMA National Environment Management Authority NGO Non-Governmental Organisation NLP National Land Policy NLC National Land Commission OP Operation Policy PAPS Project Affected Persons RAPIC Resettlement Action Plan Implementation Committee RI Resettlement Instrument RPF Resettlement Policy Framework RSNIP Ruiru Sewerage Network Improvement Project RUJWASCO Ruiru and Juja Water and Sanitation Company SPSS Statistical Package for Social Scientists uPVC Un-plasticised Polyvinyl Chloride Wassip- AF Water and Sanitation Services Improvement Project- Additional Funding

WB World Bank



EXECUTIVE SUMMARY


EXECUTIVE SUMMARY

The Ruiru Sewerage Network Improvement Project (RSNIP) is funded jointly by the Government of Kenya (GoK) and the World Bank. The RSNIP aims at improving the sanitation facilities in Ruiru and more specifically providing the tertiary sewerage collection system and service connections in parts of Ruiru town that lacks sewerage system. Currently, Ruiru Town has limited sewer coverage of about 5%, which includes limited sewer lines that empty into septic tanks, use of pit latrines and a small part of the population lacks any form of toilet facilities. The water table is also high leading to high costs of construction of septic tank pits and pit latrines with frequent exhausting of the effluent. The common practice is to exhaust septic tanks and pit latrines by way of exhaust vehicles that empty the effluent into the existing Thika Sewerage Treatment Works, about 25 km away. The RSNIP therefore intends to develop and implement solutions that enable sustainable management of wastewater generated, improve public health, conserve environment and improve overall quality of life within the project area. The currently under construction wastewater collection system of secondary sewers (225-315mm diameter uPVC) and the trunks (600-1200mm diameter) is being supplemented by tertiary sewers of approximately 45km in length with 4000 household connections. The proposed tertiary sewers and household connections are to cover the areas with no lateral sewers in order to operationalise the system once the main works are substantially complete. The main areas under consideration include Membley, Gitambaya, Ruiru town, sections of Mugutha, Murera, Gatongora and Kiwanja Location in Kahawa. The works are estimated to be completed within a construction period of 12 months with a 12 months defect liability period during which the contractor is expected to maintain the system and carry out repair works which may occur within that period. Activities associated with project construction include site inspections, site clearance, surface levelling, top soil removal and demolition works. Other activities include excavation and backfilling works, disposal of surplus demolition and excavated materials, compaction, surface reinstatements and restorations and restoration of burrow areas, spoil tips and quarries. Project components and activities that were noted to have the potential to lead to environmental and social/resettlement impacts include site clearance, top soil removal, disposal of excavated materials, excavation and demolition works. The impacts were categorised into project affected persons with land, crops and trees, and project affected persons with businesses. It was noted during this RAP that there were no PAPS with land only as the project has been designed to run along existing roads and storm water drainage systems of Ruiru Municipality. Majority of the PAPs were in the category of PAPs with business enterprises. The losses to be incurred by PAPs in this category include loss of business and income opportunities for up to three days, reconstructions costs and loss of sales through business closure of up to three days Various mechanisms and mitigation measures have been established under this RAP to minimise displacement/ resettlement impacts and to ensure sustainable coexistence of the project and neighbouring land uses. The measures include community mobilisation and sensitizations, restricting project activities to existing road reserves and storm water drainage systems for Ruiru Municipality and restorations and compensations. Resettlement and compensation of PAPs will be carried out in compliance with applicable Kenyan legislations and World Bank OP 4.12 on involuntary resettlement. Both physically and economically displace persons will be compensated for their losses of livelihood A grievance redress mechanism has been put in place to address concerns and grievances that may arise in the course of implementation of the project. Some of the grievances anticipated include among others misidentification of assets or mistakes in valuing them, disputes over plot limits, disputes over asset ownership and successions, divorces and family issues resulting in



EXECUTIVE SUMMARY


disputes between heirs and other family members over ownership or ownership shares for a given asset. The mechanisms proposed to address these grievances involve the collaboration of the contractor, supervising consultant, local community, local administrators and water service providers within the project area. Public participation in this RAP was undertaken to disseminate information to the interested and affected parties, solicit their views and consult on resettlement and compensation issues. The stakeholders were consulted through key informant interviews, questionnaire administration and community consultative meetings. Key informants consulted during this RAP include among others national and county government officials, local administrators and opinion leaders within the local community. A total of five public meetings were held at various venues within the project area. Local stakeholders are supportive of the project although a number of them raised concerns regarding project implementation. The main concerns raised revolve around health and safety issues surrounding implementation of the project, reinstatements of services and infrastructure and exclusion of some areas from the current phase of project implementation Implementation of this RAP will involve cooperation and collaboration of a number of individuals, institutions and groups. These include Athi Water Services Board through Project Implementation Unit (PIU); local administrators; representatives of business owners; representatives of the local community and the Supervising Consultant’s RAP team. Activities proposed during RAP implementation include public engagement with the PAPs to initiate the compensation process; notification of resource owners; agreement on compensation and preparation of contracts and compensation payments. This process is estimated to last for a period of eighteen (18) weeks and a total of Kenya shillings one million, seven hundred and twenty three thousand, eight hundred and thirty four and thirty five cents only (Kshs 1,723,834.35) is estimated as the cost to cater for compensation of the PAPs.



EXECUTIVE SUMMARY


GLOSSARY OF TERMS

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. Cut-off date—Date of commencement of the census and assets inventory of persons affected by the project. 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, fruit trees, and woodlots) established after the date of commencement of the assets inventory, will not be compensated. Host population—People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement. 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. 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 Project-affected household—All members of a household, whether related or not, operating as a single economic unit, who are affected by a project. 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. 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. Replacement cost—The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. In determining the replacement cost, depreciation of the asset and the value of salvage materials are 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 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. 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



EXECUTIVE SUMMARY


and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. 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. 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.



CHAPTER 1

STC/ISEP LTD JOINT VENTURE PAGE 1-1

1 INTRODUCTION

1.1 BACKGROUND INFORMATION

The Ruiru Sewerage Network Improvement Project (RSNIP) is funded jointly by the Government of Kenya (GoK) and the World Bank (WB). The RSNIP aims at improving the sanitation facilities in Ruiru and more specifically providing the tertiary sewerage collection system and service connections in parts of Ruiru town that lacks sewerage system. Another ongoing project- Nairobi Metropolitan Services Improvement Programme (NAMSIP) is providing the other components of sanitation system (in Ruiru, Membley, Gitambaya, Mugutha and Kihunguru) viz primary or trunk sewers, sewerage pump stations and the sewerage treatment plants. The RSNIP would develop and implement solutions that enable sustainable management of wastewater generated, improve public health, conserve environment and improve overall quality of life in the project area. Currently, Ruiru Town has limited sewer coverage of about 5%, which includes limited sewer lines that empty into septic tanks, use of pit latrines and a small part of the population lacks any form of toilet facilities. The water table is also high leading to high costs of construction of septic tank pits and pit latrines with frequent exhausting of the effluent. The common practice is to exhaust septic tanks and pit latrines by way of exhaust vehicles that empty the effluent into the existing Thika Sewerage Treatment Works, about 25 km away. Furthermore the system is under extreme pressure due to the population increase, development and growth over the years. Ruiru Sub-county is a rapidly growing urban centre in Kenya. The area’s current population is 239,000 (by 2009 Census), which is expected to rise to 970,000 by 2030. It is therefore one of the most densely populated urban centre in the Nairobi Northern Metropolitan Area at 4,816 persons per square Km in Ruiru CBD sub location and an average population density of 1,346 persons per square KM for the project area. The town’s close proximity to Nairobi City contributes to its rapid population growth as Ruiru acts as one of the dormitories to Nairobi’s increasing population. In addition, Ruiru benefits from improved transport system from both the Eastern and Northern by-passes and the Thika Super Highway, all of which traverse the town. Rapid development is already taking place in and around the town

1.2 SCOPE OF RESETTLEMENT ACTION PLAN

This Resettlement Action Plan (RAP) has been prepared for submission within the framework of the Water and Sanitation Services Improvement Project- Additional Financing (WASSIP - AF) Resettlement Policy Framework (RPF) and Environmental Management and Social Framework (EMSF), which include the social documentation below:

This RAP which describes the measures that will be taken to address the loss of property

that will result due to acquisition of easement for Ruiru Sewerage Network Improvement

Project.

A socio-Economic Baseline, which provides a detailed description of the social-economic

situation prevailing in the Project area.

Census survey of affected persons and valuation of assets;

Description of compensation and other resettlement assistance to be provided;

Consultations with affected people about acceptable alternatives;

Institutional responsibility for implementation;

Procedures for grievance redress;

Arrangements for monitoring and implementation;



CHAPTER 1


Timetable and budget.

1.3 OBJECTIVES OF THE RESETTLEMENT ACTION PLAN (RAP)

The key objective of this RAP is to ensure that any potential adverse impacts from project construction and associated activities are mitigated and where possible avoided through early recognition of, and response to, issues. In addition, the RAP will guide the proponent to implement its compensation in a fair and transparent manner and to meet the interest and needs of the Project Affected Persons (PAPS). The RAP is also intended to ensure that compensation activities associated with the project meet the World Bank (WB) policy guidelines and procedures on resettlement and compensation in accordance to the country’s legal and regulatory framework. Finally, the RAP will provide a monitoring and evaluation framework to be adopted by Athi Water Services Board (AWSB) in accordance with the World Bank standards; and the resources that AWSB need to allocate to sufficiently cover the cost of mitigating adverse project impacts so that the status of the PAPs remains as previous or is improved.

1.4 STUDY METHODOLOGIES

1.4.1 General methodology

The study involved a socio economic survey of the persons affected by the project which helped to assert economic situation of the project affected persons before implementation of the project. The study was organized to involve communities likely to be affected by the project as much as possible. This was in an effort to develop a report that is comprehensive and inclusive of the communities’ views, and this was achieved through organising meetings with local leadership, government institutions and local communities as well as interviews and questionnaire administration to the project affected persons.

1.4.2 Detailed methodology

The detailed methodology for the RAP included the following:

(i) Analysis and evaluation of potential project impacts through identification of the PAPs,

computing their number and evaluating the impacts of the project on them through the

census and socioeconomic study undertaken for the preparation of the RAP.

(ii) Identifying all categories and number of project affected persons (PAPs) regardless of land

ownership status.

(iii) Taking an inventory of the affected assets and livelihood activities within the project area.

(iv) Preparing inventory list of the potential project affected persons. This list include land

owners and farmers, vulnerable groups, locations on the map

(v) Conducting a socioeconomic survey of the Project Affected Persons (PAPs) using a semi-

structured household questionnaire. The questionnaire covered the households’ baseline

information on incomes and expenditures, water and sanitation, occupational and livelihood

pattern, use of resources, social organization, ,

(vi) Collecting and reviewing relevant Kenyan laws and regulations for compensations and

resettlement and comparing the same with World Bank safeguard policy (OP 4.12) on

involuntary resettlement and proposing measures to bridge the gaps.

(vii) Assessing the appropriate organizational framework for implementation of resettlement

including identification of agencies responsible for delivery of resettlement measures and

provision of services, to ensure appropriate coordination between agencies and sub county

government involved in implementation of the project and the RAP.

(viii) Developing an implementation schedule covering all resettlement activities from

preparation through to implementation including target dates for the achievement of

expected benefits to those who need to be resettled.



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(ix) Costing and budgeting for all RAP related activities including among others, livelihood

restoration costs of the PAPs, assistance to vulnerable groups, etc.

(x) Recommending compensation and livelihood assistance programmes for the PAPs as well

as developing the entitlement matrix, livelihoods restoration options and proposed livelihood

programs for vulnerable groups (where available).

(xi) In accordance with the RPF, elaborating monitoring plan of resettlement activities which will

be undertaken by the implementing agency, supplemented by independent monitors as

considered appropriate to ensure complete and objective information collection on the RAP

implementation and the outcome for resettlement activities.

1.5 GUIDING PRINCIPLES FOR THE RAP

The RAP has been prepared in full compliance with the RPF prepared for the WASSIP-AF which has the following principals as outlined. (i) Involuntary resettlement and land acquisition will be avoided where feasible, or minimized,

where it cannot be eliminated.

(ii) Where involuntary resettlement and land acquisition are unavoidable, resettlement and

compensation activities will be conceived and executed as sustainable development

programs, providing resources to give PAPs the opportunity to share project benefits.

(iii) PAPs will be meaningfully consulted and will participate in planning and implementing of the

project.

(iv) PAPs will be assisted in their efforts to ideally improve their livelihoods and standards of

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

prior to the beginning of the project implementation, whichever is higher.

(v) Measures to address resettlement will ensure that project affected people are informed

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

process and given the opportunity to participate in the selection of technically and

economically feasible alternatives. They will also be provided prompt and effective

compensation at full replacement cost for losses of assets and access attributable to the

project investments.

(vi) Projected affected Persons if resettled will be supported to integrate economically and

socially into host communities so that adverse impacts on host communities and vice versa

are minimized. To this end, appropriate patterns of social organization will be promoted and

existing social and cultural institutions of PAPs supported to the greatest extent possible.

(vii) This RAP applies to all PAPs regardless of the total number affected, the severity of the

impact and whether or not they have legal title to the land. Informal or customary tenure is to

be treated in the same manner as formal, legal titles.

(viii) All PAPs will be (have to be) identified and recorded as early as possible, preferably at

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

prevent an influx of illegal encroachers, squatters, and other non-residents who will wish to

take advantage of such benefit.

(ix) Particular attention will be paid to the needs of vulnerable groups among those displaced;

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

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

not be protected through the Kenyan laws. The objective is to provide whatever additional

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

(x) The compensation of the PAPs must be completed prior to the implementation of the

project.



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2 PROJECT DESCRIPTION

2.1 PURPOSE OF WORKS

Athi Water Services Board through the Government of the Republic of Kenya (GoK) has received funds from the World Bank and intends to apply part of the funds to finance the Construction of Ruiru Sewerage. The expected period for these works is 12 months. The works shall involve Civil and Structural Works.

2.2 PROJECT COMPONENTS

The Ruiru sewerage network improvement project involves construction of tertiary sewers of approximately 45km in Ruiru area of Kiambu County and a total of 4,000 household connections. The main areas under consideration are Gitambaya, Mugutha, Ruiru CBD, Membley, Gatongora and Murera. The breakdown of the tertiary sewers is as shown in the Table below

Table 1: Breakdown of tertiary sewers within the project area

No Area Lengths (m)

1 Gitambaya sewer 10,401

2 Mugutha sewer 4,308

3 Ruiru CBD sewer 3,000

4 Membly sewer 13,200

5 Gatongora sewer 10,554

6 Murera sewer 3,596

TOTAL 45,059

2.3 SCOPE OF WORKS

2.3.1 Description of works

Ruiru Municipal area currently has a wastewater collection system that is composed of secondary sewers (225-315mm diameter uPVC) and the trunks (600-1200mm diameter). The proposed project involves construction of tertiary sewers of about 45km in length with 4000 household connections to supplement the existing wastewater collection system. The tertiary sewers and household connections are intended to cover the areas with no lateral sewers in order to operationalise the wastewater collection system once the main works are substantially complete. The tertiary sewers and household connections are proposed for construction in Membley, Gitambaya, Ruiru CBD, sections of Mugutha, Murera, Gatongora and Kiwanja Location in Kahawa. Displacement impacts anticipated as a result of implementation of the project are mainly short term and include those associated with disruption of socio-economic activities within the project area; disruption of services within the project area and impacts on individual properties including standing crops, gates, live fences and perimeter walls. This project is not associated with land acquisition as project infrastructure have been designed to run along existing roads and storm water drainage system of Ruiru Municipality. Resettlement issues therefore revolve around reinstatement of infrastructure including roads and water services; reconstruction of business premises and compensation for crops, live fences and perimeter walls destroyed in the course of construction process.



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Project components and activities that give rise to displacement/resettlement and compensation include site clearance, topsoil removal, disposal of excavated materials, excavation and demolition works. These are discussed in section 5.3 of this RAP report

2.3.2 Construction period

The works are estimated to be completed within a construction period of 12 months with a 12 months defect liability period during which the contractor is expected to maintain the system and carry out repair works which may occur during the period to the satisfaction of the Engineer.

2.3.3 Other Site data

2.3.3.2 Introduction The main areas under consideration in this RAP include Membley, Gitambaya, Ruiru town, sections of Mugutha, Murera, Gatongora and Kiwanja Location in Kahawa. 2.3.3.2 Access to the site Ruiru Town is located on the 0.5oN Latitude and 37oE Longitude lines. The town stands on the Nairobi-Thika Highway, which is a section of A2 Nairobi-Addis Ababa Trunk Road. It is situated 16km North East of Nairobi town and it borders Nairobi city. The major roads crossing through the town are Nairobi-Thika Highway; Kenyatta Highway joining Kiambu Municipality and Ruiru Municipality and Kwa Maiko Road joining Ruiru and Githunguri. 2.3.3.3 Transport and communication facilities The project area is well served with good road and telecommunication network. However, parts of the trunk sewers traverse forested area which is networked with feeder and murram all-weather roads 2.3.3.4 Climate and hydrology The climate of Ruiru can be characterised as Tropical climate. Due to its location on the slopes of Aberdare Range, the climate and temperatures within the project area are influenced by altitude; with cooler coffee zone areas located North of Thika Road, while the more arid zones are located to the South. Rainfall is bimodal with long rains occurring from March to June and the short rains from October to December. The mean annual rainfall averages between 600mm-100mm per annum and falls into two maxims i.e. short rains from October to December and long rains from March to May. The temperature is generally high, the mean annual temperature averaging between 18oC-20oC. The mean annual potential for evaporation ranges between 1550-2200mm 2.3.3.5 Topography Located at the extreme south eastern fringes of the Aberdare Range within the Athi River drainage area, the project area is characterised by relatively gentle terrain with a general fall towards Athi River. However, the highest areas to the North West of Thika Road are characterised by deeply dissected topography with numerous streams and ridges while the South Eastern parts are lowlands with fewer streams, shallower and wider valleys. The average altitude is about 1520m above mean sea level (a.m.s.l). The highest elevation in the project area is 1550m.a.s.l and is located around the Ruiru Prison Training School while the lowest elevation is 1470m.a.s.l around the sewerage treatment works. 2.3.3.6 Geology and Soils The geology of Ruiru comprises of tertiary volcanic rocks, the most important being what is termed as Nairobi stone. The Nairobi stone is a tertiary volcanic rock used extensively for building purposes. Soils resulting from tertiary volcanic rocks are dark reddish brown, well drained, friable and very calcareous. The soils in the project area are derived from volcanic rocks that gradually occur in levels between 1200 to 200m.a.s.l. The general nature of soil



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ranges from shallow to red friable clays. In geological terms, these are youthful soils formed after removal of black clays by erosion process. However, there are patches of black cotton soils. Thus apart from the areas with black cotton soils, the other areas have soils with high safe-bearing capacity, which can support foundations at even shallow depths. The soils also support shrub vegetation and hence the area is zoned as medium potential and favourable for urban development.

2.4 LOCATION OF PROJECT SITE

The project site is located within Ruiru town in Kiambu County within the Republic of Kenya. Ruiru town is located within 3 kilometres of Nairobi's city boundary and about 0.5 km from Kenyatta University Main Campus. Ruiru is a dormitory town for the Nairobi City, and is connected by both rail and road. The town covers an area of 292 km2 (113 sq mi) with Kahawa Wendani, Kahawa Sukari and Mwihoko being part of Ruiru constituency. As of 2009, Ruiru's population stood at 238,858, the rapid population growth being a response to the shortage of available housing in Nairobi. Ruiru is also an industrial town with several major factories, including Devki Steel Mills, Super Foam, Spinners & Spinners Garment Factory and Ruiru Feeds. The town is currently enjoying a housing boom, as many coffee estates are converted into residential areas, including an upcoming multi-billion Tatu Estate. This increase in population of the town has strained available services. The project area covers five residential neighbourhoods within Ruiru Municipality and they include Gitambaya, Membley, Gatongora, Mugutha, Murera and Ruiru Central Business District (CBD). The figure below shows the location of the project site.



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Figure 1: Map of the project area



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2.5 PROJECT ACTIVITIES

2.5.1 Site inspection

This is carried out by the contractor and engineer before carrying out any work on site to establish the general condition of the site which shall be agreed and recorded and photographed where necessary. Details recorded include among others the location of all boundary and survey beacons, the condition of buildings, surfaces, ditches, roads, tracks, fences and other information relating to the site and elsewhere (including storage and stockpiling locations) which may be affected by the Contractor's operations.

2.5.2 Site Clearance

This involves preparation of the site by the contractor by carrying out general clearance of the ground and by removing trees and other vegetation to permit the proper execution of the Works. Site clearance is carried out over the areas to be occupied by the permanent Works before beginning excavation or other work, and include the clearance of all trees, stumps, bushes and other vegetation and the grubbing out of all roots and the removal of all

boulders between 0.01 and 0.2m3 volume and dispose of as directed by the Resident Engineer.

Site clearance also involves removal of various structures that could be along the proposed sewer line.

2.5.3 Surface Levels

After the area of any section of the Works has been cleared and after trees have been felled and stumps removed to the satisfaction of the Engineer, but before any other work is commenced, surface levels of the ground are taken. The levels are taken at spacing agreed with the Engineer. Levels are similarly taken on the surface of the ground after the removal of unsuitable overburden prior to placing fill and at the interface between natural ground, rock or artificial hard material layers.

2.5.4 Topsoil Removal

This is the stripping of top soil by the contractor to a depth as shown in the drawings or as specified in the bill of quantities. This is done after establishing surface levels of the ground by the engineering team.

2.5.5 Demolition works

This involves dismantling of any buildings or other structures within project alignment area and stacking the recovered materials on the adjoining land of the owner of such building or structure. When material is stacked in individual property, this may lead to loss of use of the property by the owner. Demolition exercise may also involve destruction of permanent and temporary facilities including buildings, gates, live fences and perimeter walls.

2.5.6 Excavation works

Excavation involves digging of trenches along the proposed sewer line for purposes of laying pipes and casting manholes. Excavations are also done for structures, fill foundations, channels for ditches, road cuttings and trenches for pipe laying among other activities. This is taken out as nearly as possible to the exact dimensions and levels so that the minimum of infilling will afterwards be necessary. Excavation works may be associated with damage to structures, services or other properties caused by movement of excavation machinery. The contractor is however expected to make good damage caused to any property or structure.



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2.5.7 Disposal of Excavated Material

Material obtained from excavations which are not suitable for forming embankments or other fill areas are normally disposed of. If the materials are disposed of on private land then this deprives the owner of the land of use. Measures have however been put in place to ensure that excess materials which may be surplus to the total requirements of the Works are used in rehabilitation of excavated areas as directed by the Engineer under supervision of Engineer’s staff. Excess Materials which cannot be used in the rehabilitation of excavated areas are taken to spoil in tips provided by the Contractor in compliance with Waste Management Regulations 2006.

2.5.8 Disposal of Surplus Demolition and Excavated Materials

All surplus demolition or excavated materials are to be disposed of by the Contractor to tips provided by the Contractor and approved by the Engineer. The contractor is expected to comply with existing rules and regulations governing disposal of spoils.

2.5.9 Backfilling works

2.5.9.1 Backfilling of Excavations

All backfilling of excavations are thoroughly compacted in layers not exceeding 150mm compacted thickness and by means which will not damage the works. Backfilling of excavations for reinforced concrete structures is with suitable materials approved by the Engineer. The initial backfill in contact with pipes is selected material and shall not contain large stones, rocks, tree roots or similar objects which through impact or by concentrating imposed loads might damage the pipes. The material shall be capable of being compacted without the use of heavy rammers and should be free of clay lumps or other material larger than 75 mm or stones larger than the maximum particle size specified.

2.5.9.2 Backfilling of Pipe Trenches

This involves covering the laid pipes in situations where pipes are not surrounded in concrete or imported granular material, with materials obtained from the excavations selected and screened as necessary, free from lumps. Stones and fragments of rock larger that 20mm and to approval of engineer.

2.5.10 Compaction

Compaction involved pressing of restored areas using appropriate machinery to restore them to preproject conditions. Utmost care is taken to ensure that no damage occurs to the works and compaction methods applied are those that are approved by the engineer and ensures that excessive loads are not placed on pipes or structures upon or around which the backfill is being placed. Compaction of filling proceeds as soon as possible after spreading of a soil layer. Compaction of filling of normal materials is carried out only when the moisture content is within limits specified or directed by the Engineer.

2.5.11 Surface Reinstatement and Restoration

This involves reinstatement by the contractor of all surfaces of roads, fields, paths, gardens, verges etc, whether public or private which are affected by the Works. The sites are reinstated temporarily by the Contractor in the first instance and in due course when the ground has consolidated fully, the surfaces are permanently reinstated. The temporary reinstatement and maintenance of all surfaces of roads, tracks, paths, fields, verges and any other surfaces which have been affected by the operations of the Contractor are his sole liability and are carried out to the satisfaction of the Engineer and of the responsible authority and owner. Temporary reinstatements are carried out immediately the trenches are refilled.



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Temporary restoration is carried out immediately after excavations have been refilled by returning the excavated material to the position from which it was removed and adding such suitable materials as may be required and consolidating the various materials as works proceed in order to provide a surface that is adequate for the purpose that the original surface fulfilled. Permanent reinstatement is not carried out until the ground has consolidated completely and the Contractor informs the Engineer before carrying out this work. In the event of further settlement occurring after the completion of the permanent reinstatement the Contractor is expected to make good the reinstatement to the approval of the Engineer or responsible authority.

2.5.12 Restoration of Borrow Areas, Spoil Tips and Quarries

Any spoil tips, quarries or other borrow areas developed by the Contractor for the purpose of the Works is finished to safe and fair slopes to the approval of the Engineer. Where directed by the Engineer these areas shall be re-soiled and grassed over or otherwise seeded. Operations of such borrow areas and tips shall be in accordance with the rules and regulations of the appropriate authority responsible for them.



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3 SOCIO-ECONOMIC BASELINE CONDITION

3.1 INTRODUCTION

This section presents the findings of a socioeconomic household baseline Survey for the Ruiru Sewerage Network Improvement Project within Ruiru and Juja Sub Counties of Kiambu County. The findings are presented in three sections. The first section gives the context of the study including the objectives, methodology and approach, demographic characteristics; administrative settings and cultural practices. Section two presents the findings of the study, describing the communities’ capacities, social amenities and gender and vulnerable groups; household economic status; main natural resources of land and water as well as beneficiary participation. The third section presents a summary of emerging key issues and recommendations.

3.2 CONTEXT

The main objective of a Resettlement Action Plan (RAP) is to facilitate a process that works within timelines governed by the schedule of works to inhibit negative effects, while promoting an improvement in the standard of living of community members. The socio economic survey baseline report examines the social, environmental, and economic conditions beyond taking the physical inventories to uncover issues pertaining to information of persons affected by the project. For effective implementation of the RSNIP, the socioeconomic baseline survey is viewed as a key component which aims at generating baseline information as a pre-requisite for project monitoring and evaluation. Information gathered at this stage is to be used as a benchmark against which achievements and transformation realized from the project will be measured. These measurable benchmarks can be evaluated using verifiable indicators for outcomes and expected impacts as presented in the RSNIP document. The wide range of interrelated and diverse aspects and variables are drawn from categories that include: economic, demographic, public social amenities, financial and social aspects. Within the social aspects, community life as well as social and cultural attitude and values are considered; the community and individual services address housing and the need for public services such as water, sanitation, communication, security, and health, as well as education facilities; while demographic characteristics cover population growth structures, distribution and density; and lastly, economic factors include general characteristics, infrastructure, economic activities and employment.

3.3 OBJECTIVE OF THE SOCIO-ECONOMIC BASELINE SURVEY;

The main objective of the Socio-Economic Baseline survey information collection is to establish the following details of the PAPs and the project area; (i) Current occupants of the affected area to establish a basis for the design of the resettlement

program if necessary as well as to exclude subsequent inflows of people from eligibility for

compensation and resettlement assistance;

(ii) Standard characteristics of affected households, including a description of population,

production systems and household organization; and baseline information on livelihoods

(including, production levels and income derived from both formal and informal economic

activities) and standards of living (including health aspects) of the affected population;

(iii) The magnitude of the expected loss in total or partial of assets, and the extent of

displacement, physical or economic;

(iv) Information on vulnerable groups or persons for whom special provisions may have to be

made; and provisions to update information on the affected people's livelihoods and

standards of living so that latest information is available at the time of adverse impact;



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(v) Land tenure systems, including an inventory of any other common property, natural

resources from which people derive their livelihoods and sustenance, non-title-based

usufruct systems such as quarrying, use of riparian land governed by local recognized land

allocation mechanisms, and any issues raised by different tenure systems in the project

area;

(vi) The patterns of social interaction in the affected communities, including social networks and

social support systems, and how they will be affected by the project;

(vii) Public infrastructure and social services that will be affected; and

(viii) Social and cultural characteristics of communities, including a description of formal and

informal institutions (e.g., community organizations, ritual groups, nongovernmental

organizations (NGOs)) that may be relevant to the consultation strategy and to designing

and implementing the resettlement activities.

3.4 EXPECTED OUTPUTS OF THE EXERCISE

The expected outputs of the exercise are to provide a report on the following: (i) Demographic characteristics;

(ii) Level of education at the household;

(iii) Housing and energy and Infrastructure

(iv) Gender and vulnerability;

(v) Access to health, water and sanitation;

(vi) Capacities and capabilities of beneficiaries to participate in the proposed project;

(vii) Household incomes, sources of employment

(viii) Land tenure and land use patterns since land is a major unit of production;

(ix) Household expenditure and sources of funding;

(x) Willingness and preparedness to participate in the project and participation in other

development activities;

(xi) Expected impacts of the project;

(xii) Social organizations

3.5 APPROACH AND METHODOLOGY TO THE FIELD WORK

The following is the methodology and data collection methods applied in conducting the socioeconomic baseline survey

3.5.1 Literature review and secondary data collection

The study began by carrying out a desk study to comprehensively review secondary data gathered from planning and development reports on Kiambu County and the targeted region of Ruiru and Juja Sub Counties. Meetings and visits were arranged and conducted with relevant offices of the Water department at the County and Sub County levels and County Commission offices at the County and Sub County levels. Community mobilization meetings were also organized with the local administrators in all the 5 sub locations. The meetings were held to discuss with the key stakeholders and get their input on the position of the RSNIP. The discussions required explanation and probing and therefore qualitative design using the semi structured instrument and observation checklist was developed to gather information at this level (see appendix 1). Based on the desk reviews and discussions, it was realized that the people had agreed to support the project and all those interviewed and consulted agreed that it is a viable intervention in the targeted region. Subsequently the team proceeded to conduct the Socio-Economic Baseline survey and data collection.



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3.5.2 Fieldwork and Primary data collection applying the Participatory Approach

The primary data collection was conducted through a collaborative inquiry to establish baseline data on household socio-economic status, education institutions, health institutions and social organization. In addition this addressed various aspects relating to demographics, education and health status, housing and household expenditure, leadership status, land tenure system, livelihood approaches, and infrastructure. A Participatory approach was adopted to mobilize and sensitize the PAPs along the proposed tertiary lines. Participants included households surrounding the proposed project area as well as the specific stakeholders at the leadership and departmental level. With the support of the Sub County Deputy Commissioner’s team, the process of community mobilization and sensitizing communities on the social economic household survey started by engaging local administrative leaders. This was effectively done during the community sensitization meetings/barazas which were ongoing with the help of the grass root County administration officials in order to initiate community dialogue. These meetings had engaged women, men and youths drawn from the localities within the project region. Outlined below is a list of the meetings conducted in the project areas. Minutes of the meetings are as presented in Appendix 1 of this report.

Table 2: Introductory committee meetings conducted within the project area

Local Administration representatives

Designation Sub location Date

George Mwaura Ng’ang’a

Assistant Chief Gitothua March 2, 2017

Alice Wamaitha Kamau For Assistant Chief Murera /Theta (Thome and Matangi villages

March 10, 2017

Esther Karonji Assistant Chief Gatong’ora ( Rainbow – eastern By Pass)

March 12, 2017

Esther Karonji Assistant Chief Gatong’ora (Mutonya village)

March 26, 2017

Mary N. Waweru Assistant Chief Ruiru CBD March 28, 2017

The five itemized community meetings were attended by representatives from all the 5 Sub locations and run from March 2, 2017 through to March 28, 2017. The approach also envisaged further the transect walks/drive and observation participatory methods.

Enumerators used for the socioeconomic baseline survey were selected from the local communities to collect data from random households within the project area. It was during the community mobilization meetings/barazas that the local leaders were asked to identify and forward names of local youths who qualified to meet the required education threshold of minimum diploma and degree education level. Involving locals as enumerators was a deliberate decision to ensure local participation and moreover, that those enlisted understood the area, culture, and interacted easily with the local people during data collection.

3.5.3 Training Enumerators and Pretesting the Data Collection Tools

Recruitment of five enumerators began at leaders’ meetings where they identified and forwarded names of qualified local youths (3 male and 2 female) who met the stated educational threshold. These were drawn from Gitothua, Gatong’ora and Murera sub locations. The enumerators came together for a one day’s training and also conducted a pre testing exercise of the household questionnaire. The objective of the training was to provide insight to the team to



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focus on crucial issues/information; and to pretest and refine the data collection tools. Data was collected from March 07 – 17, 2017. Primary data was collected using both qualitative and quantitative tools designed to capture the socioeconomic status of the households. To make sure there was proper coverage, interviews were also conducted with the assistance local administration where necessary.

3.5.4 Sampling design

The purposive sampling design was applied to cover the 5 sub locations and selected project area villages. In each of these villages, all households were identified and a random sub-sample was chosen for in-depth interview. The Local leaders/ Chiefs and the transect walk along the surveyed tertiary lines were instrumental in sampling. These guided the enumerators in identifying the project affected persons according to the names of villages and boundaries. Sampling therefore started at the Sub-location level by selecting sites/villages from project target areas and then randomly selecting 10 households from each of the selected sites/villages. There was a recommended minimum 10 household interval in the random selection of household to be interviewed. In some sub locations, the village elders escorted the enumerators when it was necessary. Enumerators exercised quality control on the information that was provided as they conducted the interviews. Quality control was measured by making sure there was close supervision of enumerators and that all the enumerators could speak and understand the local language. The entire questionnaire was read through before the data entry to check completeness, accuracy and consistency. A total of 398 respondents were interviewed.

3.5.5 List of Locations and Sub Locations

The project area covers various residential estates in Ruiru Sub County and they include Membley, Gitambaya, Ruiru Central Business District and sections of Mugutha, Murera and Kihunguru. Distance covered by the tertiary sewerage collection system is about 45 Km and a total of 4000 household connections will be constructed. There are 21 villages or estates drawn from the 5 sub locations that fall in the project area of coverage.

Table 3: Project coverage in administrative units

Locations Sub Locations Villages

Ruiru Ruiru CBD Hilton, White House, Matopeni, A &B, Fort Jesus, Kihunguro, Reli, Majengo CBD, Githunguri B, Kangangi,

Gitothua Githunguri A, Mama shop, Prisons Trading Center, Membley, Gitothua, BTL

Gikumuri Gatong’ora Kwihota, Rainbow, Mutonya

Theta Murera Thome and Matangi

Mugutha Mugutha Mukuyu

3.5.6 Research Instruments

The household questionnaire consisted of questions divided into sections on household characteristic, economic activities, social amenities including infrastructure, education, health characteristics, land ownership and utilization and beneficiary participation. Key informants drawn from, departments of Water, Health, Education and the local County Commissioner’s Officials were also interviewed using a key informants’ checklist. Participatory Observations: this included observing the homestead, infrastructure, land use and economic activities.



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3.5.7 Data Cleaning, Data Entry, Analysis and draft report Writing

The questionnaires were checked, cleaned, coded and a template for data entry was prepared. Data analysis used statistical packages for Social-Science (SPSS) and key informant interviews were used to gather additional information and this supplemented information gathered from the households. These analyses formed the Socioeconomic Baseline Report.

3.6 ADMINISTRATIVE SETTINGS AND DEMOGRAPHIC CHARACTERISTICS OF THE PROJECT AREA

3.6.1 Administrative Settings

Administratively, there are two Deputy County Commissioners in charge of Ruiru Sub County and Juja Sub County. Similarly at the location level a Chief is in charge, while each of the sub-locations is led by an Assistant Chief. Every village is led by an elder appointed by the Chief or Assistant Chief to assist in matters that are important in public administration, such as maintaining public order, implementation of government policies, dispute resolution and providing overall leadership to the communities in the area of jurisdiction. Most recently under the Nyumba Kumi initiative, a peace committees and Huduma Committees have been set up and each of these are led by a Chairman who also reports directly to the Assistant Chief on peace and development matters respectively. The chief and those working under him/her act as the bridge between the government and the people. Chiefs are generally respected by the community members.

Ruiru Sub County due to its proximity and connectivity to Nairobi and Thika cities has attracted new settlements and the area is fast growing. Initial settlement was mainly by the Kikuyu community who had purchased land here under the Githunguri Ranching Company Limited in the mid-1960s. Various other ethnic groups have settled in the area and formed part of the community today. Decision making process at the grass root level engages the Nyumba Kumi, religious leaders, Community policing committee which draws members from the village and institutions such as schools, health facilities and churches. These are engaged in consultative meetings and through Barazas. Meeting agenda is flagged and discussed to build a consensus and decisions taken.

3.6.2 Project Location

RSNIP is located in the two Sub Counties of Ruiru and Juja within the greater Kiambu County. Ruiru Sub County due to its proximity and connectivity to Nairobi and Thika cities has attracted new settlements and is a fast growing area. Initial settlement was mainly by the Kikuyu community who had purchased land here under the Githunguri Ranching Company Limited in the mid-1960s. Currently the new settlement includes communities from various ethnic groups who work in either Nairobi or Thika. This increase in population has increased the demand for sanitation services implemented and managed by public administration. Therefore, the RSNIP has provided an opportunity for development and improvement of service provision that has a vital impact in improvement of livelihoods of an upcoming community.

3.6.3 Administrative Units

The project fall within two sub counties namely Ruiru and Juja. Ruiru Sub County is made up of 9 sub locations and 3 (Gitothua, Ruiru Town, Gatong’ora) have been designated for RSNIP implementation while Juja Sub County has 7 sub locations with 2 sub locations (Mugutha and Theta) fall under the RSNIP. The table below illustrates the administrative units of the two Ruiru and Juja Sub Counties.



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Table 4: List of locations and sublocations

Name of Sub County Number of Divisions Locations Sub Locations

Ruiru 2 4 9

Juja 1 4 7

3.6.4 Demographic Characteristics

The demographic characteristics provides an overview of populations, population distribution and densities in the RSNIP area of Gitambaya, Membley, Murera, Mugutha, Ruiru CBD and Gatong’ora areas. The sub locations in which the project is located include Gitothua, Murera, Mugutha, Ruiru CBD and Gatong’ora sub locations respectively. These sub-locations have an estimated population totalling to 110,610 persons (male 56,854 and female 53,756) as per the 2009 population census and with a population of 33,511 households. The project area has an area coverage of 233 km2 and population density of 1,346/km2.The population density is highest within the Ruiru CBD area at 4,816 population/ Km2 and the latter occupy only 8.6 Km2. There is a high concentration of settlements in this sub location which is influenced by many manufacturing factories in Ruiru Sub County. The factories have attracted a large population since they generate employment. Some of the factories are Spinners and Spinners, DEVKI steel manufacturers, Alpha Knit, JETLAC manufacturers, Factory Angel Super Foam, MEDIVET, Maisha Mabati and flower, tomato farms and coffee farms.

Table 5: Population and population density

Source: KNBS 2009 census

Male household heads formed 78 percent of those interviewed while the rest 22 percent were female and aged between 35 – 64 years of age. The main occupation for the household heads was employment followed by self – employment.

Table 6: Relationship between the age and gender of the respondents

Age Sex (F/M) Total

Male Female

19-25 20 9 29

26-35 93 32 125

36-64 180 39 219

Over 65 years 18 7 25

Total 311 87 398

Source: Household Questionnaire

Administrative Unit Sub -Location

Population Total population

Nos. of Household

Area in SQ KM

Population Density Male Female

Ruiru CBD 21,654 19,942 41,596 14,461 8.6 4,816

Gitothua - (Gitambaya)

8,935 7,251 16,186 4,284 20.7 782

Gatong’ora 6,972 6,835 13,807 3,793 112.9 122

Murera 11,318 11,816 23,134 6,184 31.1 743

Mugutha 7,975 7,912 15,887 4,789 59.5 267

Total 56,854 53,756 110,610 33,511 233



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3.6.5 Gender and Vulnerable Groups

In the context of RAP, Vulnerable people, as defined by the World Bank guidelines are those 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. Vulnerable people in this case include, but are not limited to: • Physically and mentally disabled persons;

• Street families in Wataalam /Child headed Households;

• Female Households with limited resources these may not have their grievances listened to

because they may not attend meetings since most of them work in under stringent

conditions in flower farms, construction sites and as domestic workers;

• Households without resources or very limited resources these were described as male

headed households where men are unemployed and affected by drugs and alcoholism;

• people living with HIV/AIDS and other chronic illnesses; and

• Widows, elderly living alone and orphans.

The socio-economic survey results show that 13% of the PAPs are female headed households who are single mothers, separated or widowed. Among the vulnerable majority are the female headed households. Information from the local administration in Gitothua, Ruiru CBD, Murera Gatong’ora and Mugutha estimated that 20% of the populations in the sub locations are vulnerable because they fall under the above categories of people affected by HIV, orphans, street children, elderly, female headed households as well as those affected by drugs and alcohol. Consultative meetings with local leadership agreed that monitoring their grievances for reinstatement in case of any adverse impacts during construction works will be done with the assistance of a respective village elders’ team already collaborating with the implementing team.

3.6.6 Community organization and cultural parameters

The predominant ethnic group in this area is of the Kikuyu, however due to its proximity to Nairobi and other major towns like Thika, the area has attracted other ethnic groups. From the observation most homesteads have graveyards. The RSNIP contractor is expected to avoid construction works on the graves in homesteads within the area.

3.6.7 Social Amenities and Development of Infrastructure

This section outlines the social amenities that are essential for development and improvement of livelihoods in Ruiru Sub County. Among those social amenities and infrastructure that are likely to be beneficial and contribute towards livelihood improvements are transport and businesses infrastructure, schools, health facilities, and market centres etc. these are analyzed as follows;

3.6.8 Electricity and communication

In the project areas they have electricity which has been distributed under the ongoing national government initiative on electrification. Up to 92% of households are connected to electricity. Only a small percentage uses electricity as a cooking energy, however it is mainly used for lighting. A high percentage (83 %) use electricity for lighting at the household level. Low income households have a preference of Kerosene lamp. For communication most people use the mobile telephone which serves for telephone, sending mail and short messages as well as money transfer.



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Table 7: Sources of energy used for lighting

Lighting Energy Responses Percent

None 1 .3%

Battery Lamp 4 1.2%

Kerosene Lamp 31 9.5%

LPG Lamp 1 .3%

Electricity 274 83.5%

Solar 7 2.1%

Others 10 3.0%

Total 328 100.0%

Source: Household questionnaire

3.6.9 Road Infrastructure

Ruiru Sub County and town centre is accessible by the Thika Super Highway the Eastern and Northern by pass. The business district is well connected with tarmac road infrastructure which connects Ruiru to Nairobi, Thika, Gatundu, Juja and Kiambu towns. It is reported in the Kiambu Integrated Strategic Development Plan (2013- 2015), that with this road network connectivity there has been rapid population growth in Ruiru as a dormitory town. The other category of roads particularly in the residential estates/ villages is majorly all weather bitumen road networks. In some areas they are well maintained but these roads require frequent maintenance so that they are motor- able especially during the rainy season.

Table 8: Standard rating for roads

Condition Frequency Valid Percent

Good 26 9

Average 60 20

Poor 102 34

Very poor 112 37

Total 300 100


3.6.10 Access to Water

Access to water and access to quality water for domestic use has tremendous effects on human health both in the short term and in the long term. The water sources in the project area include piped water distributed by RUJWASCO at household level as indicated below by 46% of households. Another source for domestic water in the project areas is largely from public water points/ water kiosks and this serves 39% of the population. Further interrogation indicated that public taps supplying water to the residents are sourcing from boreholes. In addition, private water providers distribute water to households alongside RUJWASCO. This has been a challenge during the construction works causing delays in water reconnections while differentiating private pipes and RUJWASCO pipes. A list of private and public boreholes is provided in the table below.



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Table 9: Public/ purchased water sources

Sub Location Boreholes

Gatong’ora Gituamba Gatong’ora Ruiru East individual and distributes water

Gitothua Gitothua CDF Water project/Borehole

Murera Ten private boreholes

Mugutha Mugutha CDF borehole

Ruiru CBD Githunguri Company Ltd borehole, CDF which serves Kihunguro, Kimuri church and Fort Jesus and Spinners Co. Ltd

Source: Local Administration

Other sources of water within the project area include Ruiru River and shallow wells. There is a major public health challenge when water is drawn from shallow wells with close proximity to pit latrines yet due to the size of plots, these are generally close to each other. It was reported that soak pits normally burst during rainy seasons and raw sewage finds its way to the unprotected shallow well. The project will help to alleviate this challenge.

Figure 2: Household source of water


3.6.11 Sanitation Situation

The lack of access to sanitation facilities deters safe human waste disposal which is a source of poor health situation due to pollution of rivers, ground water and leads to higher incidences of air and water borne diseases. Frequent diseases are a cause for high spending by families on treatment and may contribute to overspending and poverty at household level. Access to sanitation facilities at household level is at 99% compared to a national status of 61%. However the effect caused by the 1 % who do not have safe disposal of human waste reaches a wider population as this leads to water and environment pollution. Below is a list of types of sanitation facilities in the project area.



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Table 10: Types of sanitation facilities

Sanitation facility Frequency Valid Percent

Pit Latrine 167 42

Shared Pit Latrine 115 29

Using outdoor 2 1

Flush toilet connected to sewerage line 3 1

Flush toilet with septic tank 111 28

Total 398 100

Source: Household survey

Only 1% of respondents are connected to a sewer line with 28% flush toilets connected to a septic tank. During the community meetings it emerged that the septic tanks are very expensive to operate especially for the high rise apartment blocks coming up in the area. The septic tanks have to be exhausted up to twice a week and with the sewerage tertiary lines it will reduce the expense and lead to economic growth with more housing developments.

Plate 1: Pit latrine in Gitambaya and water kiosk at the background

72% of the respondents use pit latrine. The picture above presents the type of pit latrines constructed in the area for households and schools. The facility is raised from the ground to avoid contamination and flooding during the rainy season. It is financially and technically strenuous to construct hence boys and girls have to share the facility. In addition two doors latrine is not adequate for the young boys and girls. However once the sewerage system is connected then they will afford adequate and gender sensitive sanitation facilities.

3.6.12 Sewerage service

In the project area, there is lack of sewerage system as for the 5% coverage the service was rated as satisfactory by 75 percent of the PAPs. It can be assumed that the rest who are dissatisfied may include the un-served and hence the reason for dissatisfaction.



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Table 11: Sewerage service rating

Response Frequency Valid Percent

Very satisfactory 1 25

Satisfactory 2 50

Very Dissatisfactory 1 25

Total 4 100


3.6.13 Access to Health and Health Status in Project Area

Accessibility to health facilities within the area is good since 72.3% reported that while walking they spend less than three hours to and from the health facility. Even when they have to travel to the referral Ruiru Sub County hospital transport is available in form of matatus, boda boda and pickup vehicles. According to the Kiambu integrated plan (2014) the average distance to a health facility is 7 Km and the facilities are well accessed since the road network is good. The following table outlines the common illnesses as reported by the respondents.

Table 12: Access to health facilities

Frequency Valid Percent

Valid Less than 1 hour walk (one way) 190 63.3

1 to 3 Hour walk (one way) 100 33.3

Over 3 Hour walk (one way) 9 3.0

My house never uses a health facility 1 .3

Total 300 100.0

Missing System 101

Total 401


Most prevalent illnesses in the past 12 months reported by the respondents include respiratory diseases at 47%, malaria at 25% and water related diseases of diarrhea, typhoid amoeba at 25%. The water borne diseases are also related to sanitation such as pit latrines (71%) which poses a health risk of surface and underground water pollution and this affects all. This project is significant in alleviating or reversing this disease prevalence particularly in the areas served.

Table 13: Common diseases reported in the last 12 months at respondents level

Disease Frequency Valid Percent

Malaria 70 25

Diarrhea 26 9

Amoeba 22 8

Typhoid 22 8

Skin disease 6 2

Respiratory disease 129 47

Others 2 1


3.6.14 Capacities and capabilities of beneficiaries to participate in the proposed project

The national literacy rate is 71.4% while in Kiambu County, 88% of the population have formal education and can read and write. Education is essential in empowering people to take advantage of opportunities and average populations are educated as indicated by the level of education of those interviewed.



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Figure 3: Level of education of household head


From the interviews it was established that 93% of household heads have received basic education with certificate in primary education and above and 26% have university education. It was also noted that 95% of the spouses have basic education and above. It is assumed that the educated can effectively appreciate and embrace socio economic development infrastructure such as the sewerage services provided in this project. During the community introductory meetings, what came out clearly is that they have capacity interrogate the infrastructure development in the respective project area and even understand service provision by the sewerage system and this can be attributed to the fact that most people are educated. (Refer to appendix on minutes of the community meetings). Similarly all the children in the household have received basic education with certificate in primary education and above. It was however observed that some children in Gitambaya area Gachagi and Kihunguro have dropped out of school and loitered around in the estates. The project is designed to serve various education institutions including; Mugutha primary and secondary schools, Thome primary school, Kwihota Secondary and primary schools, Ruiru Kihunguro Secondary school, Gitothua secondary and primary, and Githunguri secondary and primary schools.

Table 14: Level of education completed

Position in household None Primary Secondary Tertiary University

Head 6% 26% 32% 20% 16%

Wife 5% 32% 34% 20% 9%

Daughter 0% 43% 14% 14% 29%

Son 0% 20% 40% 20% 20%

Granddaughter 0% 0% 0% 100% 0%




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3.6.15 Land use, including land holding and ownership patterns;

In Kenya there are three systems of land tenure, namely: (i) public land (ii) individual (freehold) and (iii) Communal (customary). Individual title confers the security of tenure by registering absolute rights of ownership to land holders after adjudication.

3.6.16 Land Tenure System given in project area

Land in the project area is individually owned and 69% of the PAPs have title deeds and 28% have lease titles. According to information from the local administration, trust land is used for public utilities such as schools, health facilities and security providers. In the project area, land utilization has rapidly transformed from agricultural use to residential use and therefore evidently land fragmentation is obvious. Initially it was sub divided into one acre plots which has further been sub divided into smaller residential plots.

Table 15: Category of land tenure system

Ownership status Frequency Valid Percent

Trust Land 1 1

Communal land 1 1

On lease 22 28

Squatter 1 1

individually owned with title deed 55 69

Total 80 100.0


Sub divided land is sold as residential/business plots and these are mainly developed into houses for rental whereby 48% of respondents were tenants. More plots are sold to those who want to settle in the area and therefore land owners live in the same compound with the tenants as explained during interviews with key informant. Subdivision of land has led to increased population growth in the project target area.

Table 16: Tenancy and land ownership

House ownership status Frequency Valid Percent

Owner of the house 125 42

Tenant 141 48

User not paying rent (i.e. a family member’s house) 27 9

Other specify 2 1

Total 295 100

Source: Household Survey

3.6.17 Informal settlement

According to information gathered from local administration Gachagi village in Ruiru CBD sub location is an area where land ownership remains registered under the original land owner -Githunguri Ranching Company limited with the occupants having temporary tenancy. This is regarded as an informal settlement and has those similar characteristics with dense population poor housing and lack of access to sanitation.

3.6.18 Household Economy

The main economic activities for the populations are in employment at 45% of the population followed by self-employment. Employment is not necessarily locally available because there are those who commute from home to work in Nairobi and Thika. Locally existing employment opportunities are in government as teachers, administrators, health workers, extension workers



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as well as those employed in the various factories in Ruiru Town. The factories employ quite a significant number of people and it was reported that over 80 percent are casual laborers. Similarly the other sources of employment are the coffee and flower estates.

Figure 4: Household economy


Self -employed forms 45% of the economic activities and these mainly include local businesses such as retail shops, eateries, kiosks, selling commodities, transport etc. Other businesses include small scale farming in poultry, dairy and vegetable farming along the riparian areas. There are those living in the area and draw incomes from rental houses. Accordingly, there are those (22.6%) who positively look at the RSNIP as a basis for increased incomes associated to higher land value, better rental rates and increased construction which will create employment particularly for those in low cadre jobs/casual workers.

3.6.19 Incomes and expenditure

Majority (over 80%) of PAPs are reported to have an income of above Kshs 10,000 per month which is above 3 dollars a day. The vulnerable and particularly the female-headed households working as casual workers and domestic workers have the lowest incomes of below Kshs 10,000 per month

Figure 5: Level of income




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3.6.20 Household expenditure

Most of the household expenditure goes into paying school fees at Kshs 150,000 per annum. However medical is quite high at Kshs 80,000 per annum and therefore insurance would be a good option. Below is an indication of household expenses on non -food items;

Table 17: Household expenditure on non-food items

Household Expenditure Mean Median Minimum Maximum

Fuel (cooking/lighting) 1,350 1,000 150 8,000

School fees 7,268 3,500 30 150,000

Clothing /school uniform 1,034 1,000 40 7,000

Transport Expenses 2,410 1,500 100 21,000

Medical Expenses 1,295 500 50 80,000

Repairs and maintenance 823 500 50 18,000

Communication 1,467 1,000 100 20,000

Savings 4,271 2,650 100 50,000

Water 851 600 60 10,000


Table 18: Household expenditure on food items

Expenditure Mean Median Minimum Maximum

Cereals: (Sorghum, Millet, Wheat, Maize) 1,570 1,200 115 12,000

Pulses: (beans, cowpeas, pigeon peas) 768 600 100 5,000

Vegetables 1,134 840 100 9,000

Roots /Tubers (potatoes, cassava, sweet potatoes, arrow roots

700 500 100 3,000

Fish /Meat 1,382 1,000 100 8,000

Cooking Fat 512 480 80 3,600

Milk 1,552 1,500 80 10,000

Sugar 468 400 100 3,000

Others food 1,342 1,000 50 12,000


3.6.21 Awareness of RSNIP

On project awareness 67% said they had known about it since they had witnessed the ongoing RSNIP construction works. Others had attended the project introductory and awareness meetings convened in the project areas and significant input was also received through the participatory meetings. During the meetings, it emerged that the RSNIP was linked to the Trunk Sewer line and therefore those adversely affected expected to have their challenges addressed under this project. In response, those adversely affected have been listed and a report made to the Athi Water Service Board for redress.

3.6.22 Participation in the Project

Most (67%) of those interviewed were aware of RSNIP and they had learnt about the project from the construction work that is going on and also during the community mobilization meetings where they received brief on the project and similarly most of the attendees supported the project.



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Figure 6: Awareness of the project


3.6.23 Positive Effects of RSNIP

In addition the PAPs, perceptions were sought and the following table presents the feedback on this question. 46% reported that the sewerage system and connections to households will lead to proper sanitation, hygiene and clean environment. Scenes of raw sewerage flowing along the roads in the estates and along the Eastern Bypass were witnessed in the project area. With the project implementation, there will be reduction on raw sewerage spillage, reduction in cost of managing sewer, control of waterborne diseases, clean environment, and improvement on property value.

Table 19: Positive effects of the project

Positive Effects of project Frequency

Valid Percent

Proper sanitation/hygiene/clean environment 85 46.4%

Improve property value/Land value 6 3.3%

Control of waterborne diseases 13 7.1%

Reduction in raw sewage spillage/flooding 17 9.3%

Source employment/job opportunities 15 8.2%

Reduction of cost of septic tank/exhauster/swage maintenance cost 27 14.8%

Reduce Air pollution 2 1.1%

No more pit latrines 2 1.1%

Development/water supply/Business growth 8 4.4%

Improve drainage system 9 4.9%


3.6.24 Negative Effects of the RSNIP

Foremost negative concerns raised were related to the lengthy water supply disconnections, destruction of roads and open pits, while 11% reported on displacement of people. The displacement of people may be attributed to temporary closure of the access roads and inaccessibility to businesses since there has not been any displaced persons. The contractor and implementing agency are on site to reduce the effects by reinstating the infrastructure and make compensations where necessary. There is also concern raised by 17% on the operations of the sewerage system regarding the blockage effects and this will be addressed through the RUJWASCO as the service provider. Other negative effects are as outlined in the table below;



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Table 20: Perceived negative effects of the project

Negative Effects by the project Frequency Valid Percent

Destruction of water supply / pipes 7 13.2

blockage will cause diseases 2 3.8

Blockage effects 9 17.0

Rent will rise/ high construction fee 12 22.6

Destruction of roads/ open pits 10 18.9

Air pollution (Dust)/ Noise 4 7.5

Displacement of people 6 11.3

Fear of stranger who will be working on the project 3 5.7


Table 21: Emerging issues and mitigation measures

Emerging Issues Mitigation Measures

In most instances the vulnerable do not attend meetings and even when they come they do not talk so it is important to establish a way of reaching them

In the implementation team the RAP members in liaison with the respective elders in the villages are to establish if they have any vulnerable persons who may have been adversely affected by the project for further action to be taken in terms of compensation or reinstatement.

There is a major public health challenge when water is drawn from shallow wells with close proximity to pit latrines yet due to the size of plots, these are generally close to each other. Particularly during the rainy season it was reported that soak pits burst and waste finds its way to the unprotected shallow well.

The project will help to alleviate this challenge. Since RSNIP is covering only a small percentage of the area, AWSB should come up with a phase two of a similar project to cover the whole Ruiru area.

3.6.25 Conclusion

The socio-Economic Baseline survey provides a detailed description of the social-economic situation prevailing in the Project area. This report informs the RAP on the social economic situation in the RSNIP area in order for the RAP’s to meet its key objective to ensure that any potential adverse impacts from land acquisition and associated activities are mitigated and where possible avoided through early recognition of, and response to, issues and in addition the survey provides monitoring and evaluation indicators for the RSNIP.



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4 LEGAL AND REGULATORY FRAMEWORK

4.1 INTRODUCTION

This chapter discusses the legal operating environment regarding land acquisition as anticipated in the implementation of Ruiru Sewerage Network Improvement Project. The chapter highlights major issues related to Kenyan land legislation with regard to involuntary resettlement in this RAP. It provides a brief overview of the Kenya land policy, and the Kenya’s constitutional provisions related to land use, planning, acquisition, management and tenure, and more specifically the applicable legislations related to land expropriation or acquisition, land valuation and land replacement and their relevance to the project. The chapter also gives a comparison of the Kenyan land legislations with the World Bank OP 4.12 highlighting gaps and making mitigations measures to fill up gaps.

4.2 THE NATIONAL LAND POLICY

The National Land Policy (“NLP” or “Policy”) was adopted in August 2009 with the aim of providing an overall framework for new legislation and defining key measures required to address critical issues such as land administration, access to land, land use, and restitution related to historical injustices and an outdated legal framework. The NLP addresses constitutional issues such as compulsory acquisition and development control. Section 45 of the NLP defines compulsory acquisition as “the power of the State to extinguish or acquire any title or other interest in land for a public purpose, subject to prompt payment of compensation. “Under the current Constitution, the Land Act 2012 empowers the National Land Commission (under the guidance of Minister for Lands) to exercise the power of compulsory acquisition on behalf of the State. Similarly, the NLP empowers the National Land Commission to compulsorily acquire land. According to the NLP, the exercise of compulsory acquisition in the past has been conducted with abuses and irregularities. The NLP therefore calls for a revision of such power and requires

the Government of Kenya (GoK):

To review the law on compulsory acquisition to align it with the new categories of land

ownership (public, private and community land);

To harmonize the framework for compulsory acquisition to avoid overlapping mandates;9

To establish compulsory acquisition criteria, processes and procedures that are efficient,

transparent and accountable;

To institute legal and administrative mechanisms for the exercise of the power of

compulsory acquisition by the State through the National Land

Commission; and

To confer pre-emptive rights on the original owners or their successor in title where the

public purpose or interest justifying the compulsory acquisition fails or ceases

4.3 THE CONSTITUTION OF KENYA

The Constitution of Kenya in Chapter 4 on the Bill of Rights has provisions for rights and fundamental freedoms. Article 19 of the constitution states that the Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. The purpose of recognising and protecting human rights and fundamental freedoms is to



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preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings. These rights and fundamental freedoms however have limitations. Article 24 stipulates that A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including the nature of the right or fundamental freedom; the importance of the purpose of the limitation; the nature and extent of the limitation; the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose. On protection of right to property the constitution in Article 40 (1) states that “Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property of any description; and in any part of Kenya. The State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation results from an acquisition of land or an interest in land or a conversion of an interest in land, or title to land, in accordance with Chapter Five; or is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that requires prompt payment in full, of just compensation to the person; and allows any person who has an interest in, or right over, that property a right of access to a court of law. Provision may be made for compensation to be paid to occupants in good faith of land acquired under clause (3) who may not hold title to the land. The rights under this Article do not extend to any property that has been found to have been unlawfully acquired. On the Chapter on land and environment, the Constitution articulates the principles of land policy. In Article 60 (1) the Constitution stipulates that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with various principles including equitable access to land; security of land rights; sustainable and productive management of land resources; transparent and cost effective administration of land; and sound conservation and protection of ecologically sensitive areas. In Article 61 (1) the Constitution stipulates that all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals. Land in Kenya is therefore classified as public, community or private. The Constitution further defines private land in Article 64. According to this Article, private land consists of “registered land held by any person under any freehold tenure; land held by any person under leasehold tenure; and any other land declared private land under an Act of Parliament”. Relevance to the project The rights and fundamental freedoms provided for in the constitution are enjoyed by everybody including property owners within the project area. The purpose of recognising and protecting these rights is to preserve human dignity. These rights and fundamental freedoms can only be limited by the law to the extent that the limitation is reasonable and justifiable based on human dignity, equality and freedom taking into account among others the importance of the purpose of the limitation. The constitution makes it possible for the state to deprive a person of property of any description only if it is in accordance with Chapter five or is for a public purpose or in the public interest. Construction of sewerage infrastructure within Ruiru Municipality is a public interest issue and should there be any need to acquire any piece of land from private land owners then the provisions of the constitution must be complied with. Prompt payment in full or just payment to the person is recommended and this should be done after proper valuation of



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the property or distress that may have been caused to an individual through the proposed acquisition. It is however important to note that the rights talked of in Article 40 of the constitution do not extend to any property that has been found to have been unlawfully acquired and only legitimate property owners should be considered in any negotiation where compensation issues are discussed. Illegally acquired property cannot be subject of compensation under provisions of the Kenyan constitution.

4.4 THE NATIONAL LAND COMMISSION ACT 2012

This is an Act of Parliament to make further provision as to the functions and powers of the National Land Commission (NLC), qualifications and procedures for appointments to the Commission; to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes. The object and purpose of the Act is to provide for the management and administration of land in accordance with the principles of land policy set out in Article 60 of the Constitution and the national land policy; provide for the operations, powers, responsibilities and additional functions of the Commission pursuant to Article 67(3) of the Constitution; provide for a legal framework for the identification and appointment of the chairperson, members and the secretary of the Commission pursuant to Article 250(2) and (12)(a) of the Constitution; and to provide for a linkage between the Commission, county governments and other institutions dealing with land and land related resources. Section 5 (1) of the Act sets out the functions of the commission which includes among others to manage public land on behalf of the national and county governments; to recommend a national land policy to the national government; to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya; and to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities. Other functions of the commission include to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; to encourage the application of traditional dispute resolution mechanisms in land conflicts; to assess tax on land and premiums on immovable property in any area designated by law; and to monitor and have oversight responsibilities over land use planning throughout the country. In addition to the functions set out in subsection (1), the Commission shall, in accordance with Article 67(3) of the Constitution on behalf of, and with the consent of the national and county governments, alienate public land; monitor the registration of all rights and interests in land; ensure that public land under the management of the designated state agencies is sustainably managed for the intended purposes; and may develop and maintain an effective land information system for the management of public land. The Commission has been accorded various powers under the Act. According to Section 6 of the Act, the Commission shall have all the powers necessary for the execution of its functions under the Constitution, this Act and any other written law. The specific power of the Commission as stipulated in Section 6 (2) include powers to gather, by such means as it considers appropriate, any relevant information including requisition of reports, records, documents or any information from any source, including any State organ, and to compel the production of such information where it considers necessary; power to hold inquiries for the purposes of performing its functions under this Act; and power to take any measures it considers necessary to ensure compliance with the principles of land policy set out in Article 60(1) of the Constitution. In the exercise of its powers and the discharge of its functions, the Commission may inform itself in such manner as it may consider necessary and may receive written or oral statements.



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Relevance to the project This Act mandates the National Land Commission to manage public land on behalf of the national and county governments and makes them key stakeholders in public land issues. Although sewerage infrastructure for the Ruiru project has been designed to run along existing road reserve, a need may arise where sewerage infrastructure may encroach into public land and the National Land Commission must be fully involved in the land acquisition process under the circumstances. This Act mandates the commission to initiate investigations on its own initiative or on a complaint into present or historical land injustices and recommend appropriate redress. This provision provides dispute resolution mechanism that is relevant to resettlement issues under this project. The commission is mandated to develop and maintain an effective land information system for the management of public land and all necessary information regarding public lands should be obtained from the National Land Commission. There is therefore need for consultation and cooperation with the commission on issues regarding public land acquisition should there be any need.

4.5 THE LAND ACT 2012

This is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. The Act defines “compulsory acquisition” to mean “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” The Act applies to all land declared as public land under Article 62 of the Constitution; private land under Article 64 of the Constitution; and community land under Article 63 of the Constitution and any other written law relating to community land. The Act in Section 7 stipulates methods of acquisition of title to land. It states that Title to land may be acquired through allocation; land adjudication process; compulsory acquisition; prescription; settlement programs; transmissions; transfers; long term leases exceeding twenty-one years created out of private land; or any other manner prescribed in an Act of Parliament. Part VIII of the Act deals with compulsory acquisition of interests in land. Section 107 provides for preliminary notice and states in Sub Section 1 that whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110, the respective Cabinet Secretary or the County Executive Committee Member shall submit a request for acquisition of public land to the Commission to acquire the land on its behalf. The Act stipulates in Subsection 2 that the Commission shall prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. The Commission may however reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements prescribed under subsection (2) and Article 40(3) of the Constitution. In the event that the Commission has not undertaken the acquisition in accordance with subsection (1) of the Act, the acquiring authority may proceed and acquire the land. Upon approval of a request under subsection (1), the Commission shall publish a notice to that effect in the Gazette and the county Gazette, and shall deliver a copy of the notice to the Registrar and every person who appears to the Commission to be interested in the land. Upon service of the notice, the registrar shall make an entry in the register of the intended acquisition. For the purposes of sections 110 to 143, interested persons shall include any person whose interests appear in the land registry and the spouse or spouses of any such person, as well as any person actually occupying the land and the spouse or spouses of such person.



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Section 107, Subsection (8) of the Act states that all land to be compulsorily acquired shall be geo- referenced and authenticated by the office or authority responsible for survey at both the national and county government. Section 110 of the Act talks about compulsory acquisition. In Sub Section 1, the Act states that Land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfilment of the stated public purpose. If, after land has been compulsorily acquired the public purpose or interest justifying the compulsory acquisition fails or ceases, the Commission may offer the original owners or their successors in title pre- emptive rights to re-acquire the land, upon restitution to the acquiring authority the full amount paid as compensation. Section111 of the Act talks about compensation to be paid and it states in Sub Section 1 that if land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The Act in Section 112 has provisions for inquiry as to compensation and states in Sub Section 1 that at least thirty days after publishing the notice of intention to acquire land, the Commission shall appoint a date for an inquiry to hear issues of propriety and claims for compensation by persons interested in the land, and shall among others cause notice of the inquiry to be published in the Gazette or county Gazette at least fifteen days before the inquiry; and serve a copy of the notice on every person who appears to the Commission to be interested or who claims to be interested in the land. The notice of inquiry shall call upon persons interested in the land to deliver a written claim of compensation to the Commission, not later than the date of the inquiry. At the hearing, the Commission shall make full inquiry into and determine who are the persons interested in the land; and receive written claims of compensation from those interested in the land. For the purposes of an inquiry, the Commission shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to the Commission of documents of title to the land. The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce evidence and to call and to question witnesses at an inquiry. Section 113 of the Act provides for the award of compensation and states in Sebsection1 that upon the conclusion of the inquiry, the Commission shall prepare a written award, in which the Commission shall make a separate award of compensation for every person whom the Commission has determined to have an interest in the land. Relevance to the project This is the framework legislation regulating compulsory acquisition of land in Kenya and gives guidelines on compulsory acquisition. The Act applies to public land, private land and community land and will therefore guide compulsory acquisition if that becomes necessary in this project. Compulsory acquisition should be done in compliance with procedures spelt out in the Act. The Cabinet Secretary or County Executive Committee Member in charge of land issues have been mandated to spearhead acquisition process especially where public land is involved and should be consulted as appropriate. Section 110 of the Act discusses the process of compulsory acquisition and restricts this to either when the land is required for public purposes or in the public interest. Ruiru Sewerage Network Improvement Project is a public interest project and compulsory acquisition may apply should there be need. The Act gives the commission power to return land to the original owner or their successors in title pre-emptive rights to re-acquire the land in situations where the public purpose or interest justifying the compulsory acquisition fails or ceases. This will however be done upon restitution to the



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acquiring authority full amount paid as compensation. This gives displaced persons opportunity to re-acquire their lands should there be changes in project implementation plans.

4.6 LAND REGISTRATION ACT OF 2012

This is an Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. The Act provides for establishment of land registry and states in Section 7 that there shall be maintained, in each registration unit, a land registry in which there shall be kept a land register, in the form to be determined by the Commission; the cadastral map; parcel files containing the instruments and documents that support subsisting entries in the land register any plans which shall, after a date appointed by the Commission, be geo-referenced; the presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry; an index, in alphabetical order, of the names of the proprietors; and a register and a file of powers of attorney. The Registrar shall, upon payment of the prescribed fee, make information in the land registry accessible to any person and in establishing the land registry, the Public Service Commission and Cabinet Secretary, shall be guided by the principles of devolution set out in Articles 174 and 175 of the Constitution. The Act also provides for maintenance of documents and stipulates in Section 9 (1) that the Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format including publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter; electronic files; and an integrated land resource register. Subsection 2 provides for the particulars to be contained in the register and they include name, personal identification number, national identity card number, and address of the proprietor; in the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal; names and addresses of the previous proprietors; size, location, user and reference number of the parcel; and any other particulars as the Registrar may, from time to time, determine. Relevance to the Project The Act provides for establishment of a land registry and states that there shall be maintained in each registration unit a land registry in which there shall be kept a land register. For purposes of ascertaining land ownership details during acquisition of land under this project, this register will be of significance. Details of the land owner contained in the national registration documents must match those in the land register to mitigate cases of fraud. Information in the land register is accessible to any person upon payment of the prescribed fee.

4.7 THE ENVIRONMENT AND LAND COURT ACT 2011

This is an Act of Parliament to give effect to 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 provision for its jurisdiction functions and powers, and for connected purposes. Section 13 of the Act provides for the jurisdiction of the Court and states in Subsection 1 that the Court shall have original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2) (b) of the Constitution and with the provisions of this Act or any other written law relating to environment and land. In exercise of its jurisdiction under Article 162 (2) (b) of the Constitution, the Court shall have power to hear and



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determine disputes relating to environment and land, including disputes relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; relating to compulsory acquisition of land; relating to land administration and management; relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and any other dispute relating to environment and land. Relevance to the project This Act establishes a superior court to hear and determine disputes relating to environment and land matters. This court has the original and appellate jurisdiction to hear and determine all disputes relating to land and environment. Any disputes in title related to land acquired under this project should therefore be taken to this court. The court also deals with issues related to compulsory acquisition and anybody who feels aggrieved with the manner in which the acquisition process is carried out can seek redress in this court

4.8 THE PREVENTION, PROTECTION AND ASSISTANCE TO INTERNALLY DISPLACED PERSONS AND AFFECTED COMMUNITIES ACT 2012

This is an Act of Parliament to make provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities and give effect to the Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purposes. Section 5 provides for prevention of displacement and states in Subsection 1 that subject to the Constitution, the Government and any other organization, body or individual shall guard against factors and prevent and avoid conditions that are conducive to or have the potential to result in the displacement of persons. The Government and any other organization, body or individual shall prevent internal displacement in situations of armed conflict, generalized violence, human rights violations, natural or human-made disasters and development projects. The Act further states in Section 5 (3) that the Government shall raise public awareness, undertake sensitization, training and education on the causes, impact and consequences of internal displacement and means of prevention as provided for in sections 17-20 of this Act. The Government shall establish a prevention mechanism charged with monitoring areas inhabited by persons at risk of displacement, periodical reporting on the situation in such designated areas and early warning issued to the Cabinet Secretary and the Chair of the Committee for further action to prevent internal displacement. On protection from displacement, the Act stipulates in Section 6 (1-3) that the Government shall protect every human being against arbitrary displacement. Arbitrary displacement in the manner specified under principle 6(2) of the Guiding Principles is prohibited and shall constitute an offence punishable under this Act as specified in section 23. Displacement and relocation due to development projects shall only be lawful if justified by compelling and overriding public interests and in accordance with the conditions and procedures in Article 5 of the Protocol, Principles 7-9 of the Guiding Principles and as specified in sections 21-22 of this Act. Relevance to the project The key objective of this Act is the prevention, protection and provision of assistance to internally displaced persons and affected communities. All factors and conditions that are conducive or have the potential to result in the displacement of persons in this project should be avoided in order not to subject any person to the challenges associated with displacements. The Act only allows for displacement and relocation due to development projects if they are justified by compelling and overriding public interests. This project has however been designed



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to follow riparian areas of existing road reserves and is therefore unlikely to lead to any displacement.

4.9 TRUST LAND ACT CHAPTER 228 LAWS OF KENYA

This is an Act of Parliament to make provision for Trust land. This Act applies to all land which for the time being is Trust land. The Act provides for setting apart of trust land and stipulates in Section 7 (1) that where written notice is given to a council, under subsection (1) of section 118 of the Constitution, that an area of Trust land is required to be set apart for use and occupation for any of the purposes specified in subsection (2) of that section, the council shall give notice of the requirement and cause the notice to be published in the Gazette. Before publishing a notice under subsection (1) of this section, the council may require the Government, within a specified reasonable time to among others demarcate the boundaries of the land, and for this purpose to erect or plant, or to remove, such boundary marks as the council may direct; and clear any boundary or other line which it may be necessary to clear for the purpose of demarcating the land, and, if the land is not demarcated within the time fixed by the council, or if the person or body on whose application the land is to be set apart so requests, the council may carry out all work necessary for the demarcation of the land and require the applicant to pay the cost of the demarcation. A notice under subsection (1) of this section shall specify the boundaries of the land required to be set apart and the purpose for which the land is required to be set apart, and shall also specify a date before which applications for compensation are to be made to the District Commissioner. Where the whole of the compensation awarded under section 9 of this Act to persons who have applied before the date specified in the notice given under subsection (1) of this section has been deposited in accordance with section 11 of this Act the council shall make and publish in the Gazette a notice setting the land apart. The Act also provides for compensation to be paid. The Act states in Section 8 (1) that where land is set apart under section 7 of this Act, full compensation shall be promptly paid by the Government to any resident of the area of land set apart who under African customary law for the time being in force and applicable to the land has any right to occupy any part thereof; or is, otherwise than in common with all other residents of the land, in some other way prejudicially affected by the setting apart. A notice of setting apart published under section 7 of this Act shall also be published by displaying a copy at the District Commissioner’s office and at some other public or conspicuous place in the area concerned. Relevant to the project The Act governs transactions related to trust lands and give procedures for setting apart trust land. Where land is set apart under provisions of the Act, full compensation shall be promptly paid by government to any resident of the area of land set apart who under African customary law for the time being in force and applicable to the land has any right to occupy any part there of.

4.10 THE LAND ADJUDICATION ACT CAP 284

This is an Act of Parliament to provide for the ascertainment and recording of rights and interests in community land and for purposes connected therewith and purposes incidental thereto. Section 3 of the Act provides for application of the Act and states in Subsection 1 that the Minister may by order apply this Act to any area of community land if the county government in whom the land is vested so requests; and the Minister considers it expedient that the rights and interests of persons in the land should be ascertained and registered; and the Land Consolidation Act (Cap. 283) does not apply to the area provided that this Act may be applied to



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an area to which the Land Consolidation Act (Cap. 283) applies where a record of existing rights has not been completed and certified under section 16 of that Act, and in such case, where anything has been done in the course of or for the purpose of adjudication under that Act. The Minister, if he is satisfied that those things have been done substantially in accordance with the principles of this Act, may, by order, order that those things shall be deemed to have been done under the corresponding provisions of this Act. An order under this section shall define the area to which it relates either by description or by reference to a plan or both. Relevance to the project This Act provides for ascertainment of interests prior to land registrations under the Land Registration Act 2012 through an adjudication committee that works in liaison with adjudication officers.

4.11 THE VALUERS ACT

Valuation of land is a critical aspect of compulsory acquisition practice and compensation. The National Land Commission based on land valuation determined by registered valuers will make compensation awards. Besides, the Valuers Act establishes the Valuers Registration Board, which regulates the activities and practice of registered valuers. All valuers must be registered with the Board to practice in Kenya. The Board shall keep and maintain the names of registered valuers, which shall include the date of entry in the register; the address of the person

registered the qualification of the person and any other relevant particular that the Board may

find necessary. The Valuers Act does not provide for a description of the valuation procedures and methods. RAP team has made use of the services of registered valuers who are approved by Valuers Registration Board. Under the Valuers Act, professional misconduct of registered valuer will include:

False or incorrect entry in the register;

False or misleading statement caused by omission or suppression of a material fact; and

The acceptance of “any professional valuation work which involves the giving or receiving of

discounts or commissions.”

In case of professional misconduct, the registered valuer is guilty of an offense punishable with a fine (not exceeding Ksh.10, 000) and/or imprisonment for three years. Fees for land valuation in case of compulsory acquisition are established based on the value of the property as “the first Kshs 400,000 at 1 per cent. Residue at 0.5 per cent” and are paid by those who requested the valuation.

4.12 MATRIMONIAL PROPERTY ACT 2013

This is an Act of Parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and connected purposes. The Act gives equal status to spouses and stipulates that a married woman has the same rights as a married man to acquire, administer, hold, control, use and dispose of property whether movable or immovable, enter into a contract and sue and be sued in her own name. The Act gives meaning to what constitutes matrimonial property and indicates circumstances where the interest of any person in any immovable or movable property acquired or inherited before marriage becomes matrimonial property. The Act vests ownership of matrimonial property to spouses according to contribution of either spouse towards acquisition of the property. The Act also stipulates property rights in polygamous marriages. In spousal liability, the Act states that any liability incurred by a spouse before the



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marriage and relating to the property shall, after marriage, remain a liability of the spouse who incurred it. Relevance to the project This Act gives clear direction in ownership of resources among married couple and states clearly the significance of consulting both spouses with regard to disposal of matrimonial property. This Act will guide decision making in compensation matters where properties are either co-owned by both spouses or owned by one of the spouses. It will be significant to understand the history of spousal properties before any compensation can be made

4.13 WORLD BANK OP 4.12 - INVOLUNTARY RESETTLEMENT

4.13.1 Introduction

This policy is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

4.13.2 Objectives of the Operational Principles

(i) To avoid or minimize involuntary resettlement and, where this is not feasible, to assist

displaced persons in improving or at least restoring their livelihoods and standards of living

in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning

of project implementation, whichever is higher.

(ii) Assess all viable alternative project designs to avoid, where feasible, or minimize involuntary

resettlement.

(iii) Through census and socio-economic surveys of the affected population, identify, assess,

and address the potential economic and social impacts of the project that are caused by

involuntary taking of land (e.g., relocation or loss of shelter, loss of assets or access to

assets, loss of income sources or means of livelihood, whether or not the affected person

must move to another location) or involuntary restriction of access to legally designated

parks and protected areas.

(iv) Identify and address impacts also if they result from other activities that are (a) directly and

significantly related to the proposed project, (b) necessary to achieve its objectives, and (c)

carried out or planned to be carried out contemporaneously with the project.

(v) Consult project-affected persons, host communities and local nongovernmental

organizations, as appropriate. Provide them opportunities to participate in the planning,

implementation, and monitoring of the resettlement program, especially in the process of

developing and implementing the procedures for determining eligibility for compensation

benefits and development assistance (as documented in a resettlement plan), and for

establishing appropriate and accessible grievance mechanisms. Pay particular attention to

the needs of vulnerable groups among those displaced, especially those below the poverty

line, the landless, the elderly, women and children, Indigenous Peoples, ethnic minorities, or



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other displaced persons who may not be protected through national land compensation

legislation.

(vi) Inform displaced persons of their rights, consult them on options, and provide them with

technically and economically feasible resettlement alternatives and needed assistance,

including prompt compensation.

Relevance to the project This OP mitigates economic, social and environmental risks associated with involuntary resettlement under development projects. Some of the risks associated with involuntary resettlement include dismantled production systems impoverishment of people when their productive assets or income sources are lost; relocation to environments where people may not use their productive skills and where competition for resources is greater; relocation to areas 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. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that Resettlement Action Plan be carried out to guide resettlement of affected people.

4.13.3 Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12

The Table below summarises the comparison between Kenyan law and the WB OP 4.12 as regards compensation. The main difference between the two is that the Kenyan system recognises only title holders as bona fide property owners; while under the WB OP 4.12, lack of a legal title does not bar in extending assistance and support to those affected by development projects. With respect, the measure this Project will take to resolve this gap, and is reflected in the relevant sections, is the WB OP 4.12 shall prevail.

CONSULTANCY SERVICES FOR DESIGN REVIEW AND SUPERVISION OF CONSTRUCTION OF RUIRU SEWERAGE

NETWORK IMPROVEMENT PROJECT RESETTLEMENT ACTION PLAN REPORT-AUGUST 2017

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Table 22: Comparative analysis of World Bank OP 4.12 and Government of Kenya requirements

OP 4.12 Kenyan Legislations Comparison Mitigation Measures/ Solutions to address gap

General Requirements

World Bank OP4.12 has overall policy objectives, requiring that1. Involuntary resettlement should be avoided wherever possible, or minimized, exploring all alternatives.

According to Kenyan Legislation, involuntary resettlement may occur as a result of projects implemented in public interest.

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 inevitable.

RAP ensures that Resettlement issues are considered at the design stage of the project in order to avoid/ minimize resettlement

Resettlement programs should be sustainable, include meaningful consultation with affected parties, and provide benefits to the affected parties.

The Land Act 2012 outlines procedures for sensitizing the affected population to the project and for consultation on implications and grievance procedures.

Same as the World Bank

The Project affected persons will be adequately consulted and sensitised as outlined in OP 4.12 and local legislations

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, which can be subjective. It is does not talk about improving livelihood or restoring them to pre-project status.

Stipulations of World Bank OP 4.12 policy will be implemented. Displaced persons will be assisted in improving their livelihood to pre-project status.

Process Requirements

Consultation: Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs

The Land Act outlines procedures for consultation with affected population by the NLC and grievance management procedures.

Same as World Bank Consultation procedures outlined in both Kenyan legislation and World Bank requirements will be implemented.

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

Land Act 2012 clearly outline the steps and process for grievance redress that includes alternative dispute resolution, re-negotiation with NLC and is backed by the judicial system through

Kenyan legislation meets OP4.12 requirements.

All grievances related to involuntary resettlement will be handled as provided for in OP 4.12 and local legislations



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Environmental and Land Court

Eligibility Criteria Those legible for compensation under OP 4.12 are categorised as: (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

(c) Those who have no

recognizable legal right or claim

to the land they are occupying

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 as 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, this does not include those who illegally acquired land

Kenya’s Land Law defines 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.

All users (including illegal squatters, laborers, etc) of affected lands will be included in the census survey or are paid All users who are covered in the census (illegal squatters, laborers etc,) are paid as per the entitlement matrix.

To determine eligibility OP 4.12 requires that a resettlementcensus be carried out. Cut- off date foreligibility is the daywhen the census begins.

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

Same as World Bank Cut-off date cut-off procedures as outlined in the OP 4.12 and Kenyan law will be implemented

Measures: Preference should be given to land based resettlement strategies for displaced persons whose livelihoods are land based.

Legislation provides for land for land compensation but the Land Act 2012 does not state whether preference should granted to land to land compensation.

Land for Land provided for in the Land Act based on agreement by the PAP.

All alternative options will be considered before providing cash compensation Cash based compensation shall be preferred since livelihoods in the area are not land based.



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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.

Land Act 2012 appears to prefer cash as mode of compensation by the Government to the affected population.

Cash based compensation seems to be the preferred mode of awarding compensation to the affected population by Government of Kenya

World Bank OP4.12 procedures shall be used in determining form of compensation

World Bank OP4.12 paragraph 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 economically viable, compensation and assistance must be provided as if the entire asset had been taken.

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 what just compensation constitutes. 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’

‘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.

Prompt and effective compensation at full replacement cost for the losses of the assets shall be implemented.

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

The Act does not out rightly stipulate assistance for relocation but we can interpret that relocation cost will be included in just compensation.

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

ALL resettlement options shall be agreed on with PAPs and put in place BEFORE displacement of affected persons.

Valuation: With regard to land and structures,

Valuation is covered by the Land Act 2012 and stipulates, as

Though one could argue that there is some form of consistency

The World Bank OP4.12 valuation measures as



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“replacement cost” is defined as follows: For agricultural land, it is the pre-project or predisplacement, 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.

already mentioned, that the affected person receive just compensation from NLC, as determined by National Land Commission. Valuers Act stipulates that a residual amount of 0.5% of the total valuation of an asset is expected to pay the valuer.

between the Kenyan Law and World Bank OP.4.12, interpretation of ‘just compensation’ has not been defined.

outlined in Section 6 of this RAP shall be applied in order to fully value all affected assets in a consistent manner.

For land in urban areas, it is the market value of land of equal size and use, with similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, 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.

Interpretation of just compensation not clear

World Bank OP4.12 on valuation and compensation measures shall be applied.

For household and public structures, it is the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labour and contractors’ fees and any registration and transfer taxes.

The Land Act 2012 stipulates just compensation.

Interpretation of just compensation not clear.

World Bank OP4.12 on valuation and compensation procedures shall be applied.

Monitoring. Adequate monitoring and evaluation of activities to be undertaken.

According to Land Act, monitoring can be undertaken County Land Boards.

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

Monitoring and evaluation shall be implemented as prescribed in the World Bank OP4.12 and Kenyan Law.



CHAPTER 5


5 PROJECT DISPLACEMENT IMPACTS

5.1 INTRODUCTION

A number of displacement impacts are anticipated as a result of implementation of the proposed project. The impacts are mainly short term and include those associated with disruptions of socio-economic activities within the project area, disruptions of services within the project area and impacts on individual properties as discussed below.

5.2 PROJECT IMPACTS

5.2.1 Disruption of socio-economic activities within the project area

Impacts on socio-economic front associated with the proposed project have been looked at from the point of view of individual properties that will be affected by project infrastructure. Most of the properties in question include business premises among them kiosks and shop verandas. Most of these are located along project alignment areas and will be affected during construction process. Kiosk owners who have constructed their kiosks within road reserves will however be advised in advance to remove the kiosks before excavation activities begin. They will be allowed to reconstruct their kiosks after the pipes have been laid and trenches backfilled. The impacts will therefore be short term.

5.2.2 Disruption of services within the project alignment area

Water supply will be affected to some extent due to project activities. This will be as a result of disruption of services during trenching work. The disruptions will inconvenience consumers while the water service provider will lose income during days of disruptions. In response to these interruptions, arrangements on water reconnections have been arrived at after consultative meetings held between the implementing consultant, RUJWASCO and the contractor. The meetings resolved that all water pipeline under the management of RUJWASCO and are inevitably disrupted by the sewer pipeline Contractor, will be restored by RUJWASCO and the incurred cost for the used material will be reimbursed to RUJWASCO by the contractor. It was also agreed that all the communication on water disruptions are to be delivered by mail and telephone to the consultants site Engineer Michael Owen, who is then to communicate through both e-mail and telephone to Jane Ngugi (Water Technician) RUJWASCO. The Technician will then mobilize field staff (plumbers) to effect the water connection. For private water providers, the contractor has been mandated to undertake reinstatements as soon as any water line is disrupted.

5.2.3 Impact on fences and perimeter walls

These impacts emanate from destruction of individual properties including live fences, barbed wire fences and perimeter walls to provide way leave for project infrastructure. The fences could either accidentally demolished or live fences uprooted during trenching works. These will either be restored by the contractor or owners compensated in compliance with OP 4.12 and local laws governing compensation.

5.2.4 Impact on crops

The project implementation will have impact on crops and trees which are lying on the path of proposed project infrastructure and will therefore be uprooted; or where adjacent to the work



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areas will be buried under stockpiles of excavated spoils. The trees to be affected are mainly fruit trees while crops include maize, beans, vegetables and bananas

5.2.5 Impact on public infrastructure

There are instances where the proposed project infrastructure will cross public roads and rail line thus disrupting traffic flow. Applicable approvals from relevant authorities shall be sought before road and railway crossings are effected. Table 23 below gives a summary of project impacts and mitigation measures proposed to deal with the impacts identified in the course of RAP activities.



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Table 23: Matrix of project impacts and mitigation measures

Element Yes No Result Mitigation Measures

Does the project entail loss of land

No The project has been designed such that the sewer lines will run along existing roads and storm water drainage channels of Ruiru Municipality

(i) Construction process should be restricted to the routes

contained in the design document so as to avoid any land

take.

Does the project entail loss of residential houses

No The sewer lines are designed to run along existing roads and storm water drainage channels

Should there be a necessity to go through an existing residential house, the project shall be: (i) Redesigned to utilise the adjacent road reserve, if it was

not considered in the original design, but is feasible and

the likely compensation is less.

(ii) In extremely unavoidable circumstances, the owner of the

house shall be adequately compensated in compliance

with provisions of World Bank’s OP 4.12 and applicable

Kenyan legislations.

Does the project entail loss of commercial premises

Yes Micro enterprises mainly operating as kiosks especially those located within road reserves will be affected by the project

(i) Kiosk owners who have constructed their kiosks within

road reserves will be advised in advance to remove the

kiosks before excavation activities begin. They will be

allowed to reconstruct their kiosks after the pipes have

been layed and trenches backfilled. The impacts will

therefore be short term.

(ii) In situations where the facilities are outside the road

reserve but have to be affected by the works, the affected

individuals shall be compensated as per provisions of

Wold Bank OP 4.12 and applicable Kenyan legislations.

Other option available is to reconstruct the affected

structure on behalf of the PAP

Does the project entail loss of access to natural resources

No The project has been designed such that the sewer lines run along existing roads and storm water drainage channels

(i) Sewerage infrastructure will be buried underground and

can therefore not restrict access to any natural resource

Does the project entail loss of access to water

Yes Construction of the project and associated infrastructure may

(ii) The contractor shall liaise with Ruiru and Juja Water and

Sanitation Company (RUJWASCO) and private water



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and sanitation facilities lead to disruption of water services due to breakage of underground water pipes by construction machinery

service providers to restore all disrupted water services as

soon as pipe laying and backfilling of trenched areas are

finalised

Does the project entail loss of access to energy resources

Yes Construction of the project and associated infrastructure may lead to disruption of power services due to breakage of underground power cables by construction machinery

(i) The contractor shall liaise with Kenya Power Company to

restore power cables cut during excavation activities as

soon as pipe laying and backfilling of trenched areas are

finalised. This is in compliance with Section 1.4 of the

contract on existing services and installations

Does the project entail loss of access to public roads

Yes Access roads within the project area are likely to be temporarily blocked by excavated materials. Road surfaces may also be interfered with as a result of trenching works

(i) Provisions of Part 2 of the contract on excavations,

backfilling and reinstatements shall be complied with. All

excavated soil shall be used for backfilling of trenched

areas and site restoration. Damaged road surfaces shall

be adequately restored to pre-excavation conditions.

Excess spoil materials shall be disposed of in approved

tips in compliance with existing laws, rules and regulations

Does the project entail loss of access to public roads and other resources

Yes The main mode of wastewater management within the project area is the use of septic systems. There is likelihood of hitting and rupturing these facilities especially in situations where they are located along the project alignment area.

(i) An advance team of sociologists shall engage local

landlords with a view to finding out exact location of septic

tanks to avoid them being ruptured by construction

machinery. If a system is hit by mistake then it shall be

repaired to pre- construction condition in compliance with

Section 1.4 of the Contract document.

Flooding during rains, thus affecting both community members and existing infrastructure such as residential homes and roads.

(i) Construction to take place during dry weather conditions

to reduce flooding

(ii) The contractor shall ensure that all flooded areas are

dewatered throughout construction process.

Does the project entail loss of revenue

Yes Loss of revenue will result from disruption of businesses and services such as water

(i) Those with temporary structures shall be advised to

remove their structures from project alignment areas

before construction activities start. They will then be

allowed to return their businesses after pipe laying and



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backfilling works have been finalised.

(ii) In situations where the facilities are outside the road

reserve but have to be affected by the works, the affected

individuals shall be compensated as per provisions of

World Bank OP 4.12 and applicable Kenyan laws and

regulations. Other option available is to reconstruct the

affected structure on behalf of the PAP

(iii) Loss of revenue from disrupted services e.g. water shall

be mitigated through expeditious restoration

Does the project entail relocation of populations

No The project has been designed such that the sewer lines will run along existing roads and storm water drainage channels. Way leave acquisition has not been considered as a major option with regard to implementation of this project.

(i) The nature of the project would not require significant land

that may lead to relocation of populations. Pipeline

trenches require narrow strips of land which ordinarily

would not lead to relocation of populations.

Will project implementation lead to solid waste generation

Yes Solid waste will emanate from excavation works and cleaning of manhole chambers. Solid waste from excavation process will however be used as fill and for restoration of disturbed surfaces

(i) Provisions of Part 2 of the contract on excavations,

backfilling and reinstatements shall be complied with. All

excavated soil shall be used to backfill open trenches and

for restoration of disturbed surfaces. Excess spoil that

cannot be used as fill materials shall be disposed of in

approved areas

(ii) All solid waste emanating from cleaning of manholes shall

be disposed of in approved disposal locations in

compliance with Section 2.3.4 of the contract document

Will project implementation lead to blockage of drainage channels

Yes Drainage blockages due to temporary disruption of surface runoff as a result of the construction process will be experienced.

(i) Working under dry weather conditions and unclogging all

blocked storm water drainage channels shall be

implemented.

Will project implementation lead to

Yes Noise associated with construction activities normally

(i) Construction activities shall be restricted to daytime

between 6.00am and 6.00pm in compliance with Section



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emission of noise by construction machinery

emanate from excavation works especially in rocky areas when rock crushing tip of the excavator is used and during pumping of water out of the manholes.

1.9.5 of the contract document and provisions of Noise

and Excessive Vibrations (Pollution) Control Regulations

2009

(ii) Staff working next to noisy equipment shall be provided

with ear protection in compliance with provisions of Noise

Prevention Rules 2005

(iii) Maintenance schedule for site machinery shall be strictly

complied with to mitigate breakdown that may result in

excess noise pollution

(iv) Construction activities shall comply with provisions of First

Schedule of Noise and Excessive Vibrations Pollution

Control Regulations 2009

Will project implementation lead to emission of dust

Yes Dust pollution emanates from excavation works and movement of construction machinery within construction areas.

(i) Provisions of Environmental Management and

Coordination (Air Quality) Regulations 2014 shall be

complied with.

Will project implementation exacerbate health and safety risks within the project area

Yes Activities associated with construction such as excavation of trenches, movement of construction vehicles, the use of equipment and the congregation of workers and staff on site increase the risk of occupational injuries. Open pits in some construction zones will pose safety concerns to local residents.

(i) Use of Personal Protective Equipment shall be enforced

through adequate supervision throughout construction

period.

(ii) Trenched areas shall be backfilled immediately after pipe

laying.

(iii) All manhole pits shall be secured with warning tapes and

casting of manholes shall be done within ten days after

excavation works.

Will project implementation lead to disruption of socio-cultural/ family values

No Implementation of the project does not attract migrant workforce from other areas. Majority of workers are from within the local areas.

(i) The project shall get the bulk of employees from within the

neighbouring community as a way of extending project

benefits to the local people.



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5.3 PROJECT COMPONENTS AND ACTIVITIES THAT GIVE RISE TO DISPLACEMENT/RESETTLEMENT

The following project activities have the potential to give rise to resettlement

5.3.1 Site Clearance

This involves preparation of the site by the contractor by carrying out a general clearance of the ground and by removing trees and other vegetation to permit the proper execution of the Works. Site clearance is carried out over the areas to be occupied by the permanent Works before beginning excavation or other work, and include the clearance of all trees, stumps, bushes and other vegetation and the grubbing out of all roots and the removal of all boulders between 0.01

and 0.2m3 volume and disposal of the same as directed by the Resident Engineer. Site

clearance also involves removal of various structures including kiosks that could be along the path of the proposed sewer line.

5.3.2 Topsoil Removal

This is the stripping of top soil by the contractor to a depth as shown in the drawings or as specified in the bill of quantities. This is done after establishing surface levels of the ground by the engineering team. The removal of top soil may interfere with private property within project alignment area.

5.3.3 Disposal of Excavated Material

Material obtained from excavations which are not suitable for forming embankments or other fill areas are normally disposed of. If the materials are disposed of on private land then this deprives the owner of the land of use.

5.3.4 Excavation works

Excavation involves digging of trenches along the proposed sewer line for purposes of laying pipes and casting manholes. This is taken out as nearly as possible to exact dimensions and levels so that the minimum of infilling will afterwards be necessary. Excavation works may be associated with damage to structures, services or other properties caused by movement of excavation machinery. The contractor is however expected to make good damage caused to any property or structure.

5.3.5 Demolition works

This involves dismantling of any buildings or other structures within project alignment area and stacking the recovered materials on the adjoining land of the owner of such building or structure. When material is stacked in individual property, this may lead to loss of use of the property by the owner. Demolition exercise may also involve destruction of permanent and temporary facilities including buildings, gates, live fences and perimeter walls.

5.4 CATEGORIES OF IMPACTS

Three categories of impacts in relation to PAPs have been identified in this project. They include project affected persons with, crops and trees; project affected persons with business enterprises and project affected persons through disruptions of services.



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5.4.1 Project affected persons with land, crops and trees (land, trees and crops)

These are individuals whose crops and trees will be affected due to construction of the project infrastructure.

5.4.2 Project affected persons with business enterprises

This category includes those whose business premises will be affected by project activities. The displacements of the businesses are however temporary as kiosk owners will be allowed to put up their businesses back once excavation works are completed. Kiosk owners form the bulk of this category. Tables 24-32 below gives details of various loses to be borne by PAPs as a result of implementation of the project and associated infrastructure.



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Table 24: PAPs through loss of structures (fence and perimeter wall)

No. Name of PAP Gender ID. Number Account No. Phone Number

Trunk Sewer

GPS Position

Damages Amount (Kshs)

1

Eunice Wairimu Thuo

Female 27754928

01247107145500

0791533663 System Z

1o9’15.0”S 36o56’2.4”E

Live fence (36m x 1m)

21,600.00

2

Kuria Mbute

Male 3347412

024000028050

0729429954

System Z09

1o9’16.9”S 36o56’2.5”E


18,600.00

3

Loise Waithera Njoroge

Female 5711510

0870163836739

0705563499

System Z

1o9’14.5”S 36o56’2.8”E


6,000.00

4

Stephen Mwangi Njoroge

Male 1838893

0141050004419

0729476621

System Z09

1o9’13.0”S 36o56’6.0”E

Live fence (13m) 7,800.00

5

Dorcas Gathoni Ngugi

Female 10874496 4239340240040520

0723675344 System Z

1o9’27.5”S 36o56’10.7”E

Live Hedge 18,600.00

6

Jacob Ngugi Njeri

Male 10627729

0870197547549 0722950016

System Z11

1o9’14.3”S 36o55’43.8”E

Live fence (11.8m )

7,080.00

Total 79,680.00

Table 25: PAPS through loss of crops and trees

No. Name Gender ID. Number Account No. Phone Number

Trunk Sewer

GPS Position

Damages Amount (Kshs)

1

Eunice Wairimu Thuo

Female 27754928

01247107145500

0791533663

System Z

1o9’15.0”S 36o56’2.4”E

12 mature trees (Mikinduri)

36,000.00

20 young trees (Mikinduri)

10,000.00

Beans plantation (6.5m x 19m)

11,362.00

2 Kuria Mbute

Male 3347412

024000028050

0729429954

System Z09

1o9’16.9”S 36o56’2.5”E

Maize Plantation (31m x 2.5m)

7,673.50

3 Loise Waithera Njoroge

Female 5711510

0870163836739

0705563499

System Z

1o9’14.5”S 36o56’2.8”E

1 mature trees (Mikinduri)

3000.00

3 young trees (Mikinduri)

1,500.00

4 Stephen Mwangi Njoroge

Male 1838893

0141050004419

0729476621

System Z09

1o9’13.0”S 36o56’6.0”E

6 mature trees (strawberries)

12,000.00



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5 Margaret Nyambura Muchina

Female 0560506 09019091498848 0711271656 System RT

1o8’31.2”S 36o58’41.9”E

Eucalyptus trees (3) 9,000.00

6 Cecilia Gathoni Female 1838310 0870195172933 0717261724 System RT

1o8’55.5”S 36o57’52.1”E

Maize (160) 15,840.00

Beans (92) 3,680.00

Arrow roots (45) 450.00

Mature bananas (1) 1,500.00

Young bananas (2) 1,500.00

7 Mary Gathoni Ngama

Female 0560506 09019091498848 0711271656 System RT

1o8’55.8”S 36o57’51.6”E

Maize (153) 15,147.00

Beans (30) 2,760.00

Arrow roots (14) 490.00

Mature bananas (4) 6000.00

Young bananas (3) 2,250.00

Total 138,652.50

Table 26: PAPs through loss of income due to business inaccessibility

No Name of PAP Gender ID. No Mobile Number

Type of business

Location GPS Position Losses incurred Total Amount/ Comments

1 Benson Ng’ang’a

Male 26433968 0722337014 Spares and Auto Shop

Ruiru CBD/ Mathigu

1o8’45’S 36o57’28”E

Loss of business for 3 days in a business whose monthly sales is Kshs 600,000

60,000.00

2 Lucy Wambui Njeri

Female 22568410 0721873819 Beauty shop

Ruiru CBD 1o8’45’S 36o57’28”E

Loss of business for 4 days in a business whose monthly sales is Ksh390,000

52,000.00

3 Lydia Wanjiru John

Female 2360032 0724400796 Cyber and Stationary Shop


Loss of business for 2 days in a business whose monthly income Kshs 150,000

10,000.00

4 Mary Wambui Njeri

Female 12524637 0726103695 Butchery and Meat Eating Hotel


Loss of business for 3 days for a business whose monthly sales is Kshs 240,000.00

24,000.00

5 Hellen Muthoni

Female 27377864 0722036961 General Retail


Loss of business for 4 days for a business whose monthly sales is Kshs 540,000

54,000.00

6 Linet Mose Female 26975593 0711575974 Green Grocer


Loss of business for 3 days for a business

9,000.00



CHAPTER 5


whose monthly sales is Ksh90,000

7 Christopher Musembi

Male 21989009 0720362112 Retail Shop Ruiru CBD 1o8’48’S 36o57’29”E

Loss of business for 3 days for a business whose monthly income is Kshs 30,000

3,000.00

8 Kenneth Mugambi

Male 13619582 0724132101 Green Grocery


Loss of business for 3 days for a business whose monthly income is Kshs 135,000.00

13,500.00

9 Ruth Nyambura

Female 20414520 0715226261 Green grocery



1,500.00

10 Eunice W Mwangi

Female 21640817 0722170330 Retail Shop Ruiru CBD 1o8’48’S 36o57’29”E


2,000.00

11 Ann Kamau Female 30752694 - General electrical shop



3,000.00

12 Purity Werimba

Female 22752117 0702100145 Furniture shop

Matangi/ Murera

1o8’47’S 36o59’23”E

Sales /day Kshs 2000 x 3 days closure = Kshs 6,000 Reconstruction of display shed – Kshs 13,000

19,000.00

13 James Gicharu Mwangi

Male 10621433 0721178640 Garage/Workshop



10,500.00

14 Samson Mwaura

Male 23570665 - Eatery Matangi/Murera

1o8’48’S 36o59’22”E

Loss of sales for 14 days x 1500 estimated profit / day = Kshs 21,000.00 Reconstruction = Kshs 30,000

51,000.00

Total 312,500.00



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Table 27: PAPs through temporary relocation and loss of sales

Table 28: PAPs through loss of sales through closure of business


Type of business

Location Impact/ Affected Items

Losses incurred Total Amount/ Comments

1 Nicholas Wester

Male 22421473 0720269170 Shoes and Bags Kiosk



5,400.00

2 Monicah Nyambura Gitau

Male 29006760 0713315572 Food Hotel Ruiru CBD 1o8’45’S 36o57’42”E

Loss of business for 3 days for a business whose monthly sales is Kshs 15,000.00

1,500.00

3 Lydia Nyambura

Female 23087779 0717981256 Green grocers & takeaway food vendor

Matangi/Murera

1o8’50’S 36o59’20”E

Reconstruction of structure – Kshs 10,000

10,000.00

4 Paul Kipkorir Koskei

Male 23128419 0725201238 Tailoring Shop Ruiru CBD 1o8’52’S 36o57’34”E

Loss of business for 3 days for a business whose monthly sales is Kshs 60,000

6,000.00

5 Stephen Karia Mugambi

Male 8871466 0722962694 Car Spare Parts


Loss of business for 3 days for a business whose monthly income is Kshs 240,000

24,000.00

6 Serah Wanjiru Kariuki

Female 25148705 0724822447 Car and Motorbike Spares


Loss of business for 3 days for a business whose monthly income is Kshs 35,000.00 Reconstruction of Kiosk at Kshs 40,000

43,500.00

Total 90,400.00


Type of business


1 Joseck Mugendi Nyaga

Male 20828520 - Welding and Fabrication

Gatong’ora 1o10’02’S 36o57’58”E

Closure of business whose monthly income is Kshs 85,000 for 3 days

8,500.00

2 Esther Wanjiru

Female 22579892 0726263184 Welding Gatong’ora 1o10’03’S 36o57’58”E


13,500.00



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3 Joseph Ngacha

Male 11317907 0701738888 Security and Cabro

Gatong’ora 1o10’09’S 36o58’11”E

Closure of business display area for 3 days in a business that makes Kshs 150,000.00 per month

15,000.00

4 Ephantus M. Karuku

Male 24572137 0729515077 Hardware and Bicycle repairs

Matangi /Murera

1o8’49’S 36o59’21”E

3 days closure Profit per day is Kshs 3000.00 = Kshs 9,000.00 Reconstruction of business premises structure Kshs 2,000.00

11,000.00

5 Tabitha Wanjiru

Female 24099075 - Green grocers Matangi /Murera

1o8’505’S 36o59’21”E

Loss of Kshs 500/day x 3 days = Kshs 1,500

1,500.00

6 Charity Kimotho

Female 13778095 0720348228 Garments and Drapers Kiosk


Loss of daily sales for 3 days for a business whose monthly income is Kshs 35,000.00

3,500.00

7 Peter Mwangi Ngugi

Male 10513796 0715346488 Shoe repairs Matangi / Murera

1o8’51’S 36o59’19”E

Average profit /day is Kshs 500 x 6 days business closure Kshs 3000.00

3,000.00

8 Teresa Waringa

Female 21228231 0701358326 Garments Kiosk


Loss of daily sales for 3 days in a business whose monthly income is Kshs 12,000.00

1,200.00

9 Priscilla Nyambura Kinyanjui




4,500.00

10 Priscilla Kiarie Female 23045817 0710449074 Shoes and Garments Kiosk



5,000.00

11 Elizabeth Wairimu Ndungu




5,000.00

12 Catherine W. Mureithi

Female 2254244 0720208128 Fast Foods Outlet



4,200.00



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Table 29: PAPs through business reconstruction costs

13 Lydia Nyambura

Female 23087779 0717981256 Green grocers & takeaway food vendor

Matangi/Murera

1o8’50’S 36o59’20”E

Sales went down Profit has dropped from Kshs 1,200 to Kshs 200 leading to loss of Kshs 1,000 per day for seven days = Kshs 7,000.00

7,000.00

Total 82,900.00

No Name of PAP Gender ID. No Business Name

Type of business


1 Teresa Waringa



Reconstruction of Shed at Kshs 10,000

10,000.00

2 Priscilla Nyambura Kinyanjui



Reconstruction of Kiosk at Kshs 10,000

10,000.00

3 Priscilla Kiarie Female 23045817 0710449074 Shoes and Garments Kiosk



70,000.00

4 Elizabeth Wairimu Ndungu




40,000.00

5 Tabitha Wanjiru

Female 24099075 - Green grocers Matangi /Murera

1o8’50’S 36o59’21”E

Reconstruction of Kiosk Kshs 10,000

10,000.00

6 Charity Kimotho

Female 13778095 0720348228 Garments and Drapers Kiosk



40,000.00

7 Catherine W. Mureithi

Female 2254244 0720208128 Fast Foods Outlet


Reinstatement of verandah and entrance to hotel at Kshs 10,000.00

10,000.00

Total 190,000.00



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Outlined below is a list of PAPs whose businesses were temporarily affected by the construction works. These PAPs had their businesses disrupted for 3 to 7 days as specified in the list below. They also have individually reconstructed the business infrastructure that mainly included semi-permanent sheds. These are micro businesses and their disruption and reconstruction has negative impacts on the owners livelihoods.



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Table 30: List of businesses affected by ongoing activities and value of losses incurred

No Name of PAP Gender status

Identity Number

Mobile Number

Type of Business

Location GPS Positions Losses incurred during business closure and for reconstruction of structures

Total Amount lost (Kshs)

1 Purity Werimba Female 22752117 0702100143 Furniture Shop

Matangi/Murera

1o8’47.3”S 36o59’23.0”E

Sales /day Kshs 2000 x 3 days closure = Kshs 6,000 Reconstruction of display shed – Kshs 13,000

19,000.00

2. Samson Mwaura Male 23570665 0716548180 Eatery Matangi/Murera

1o8’48.1”S 36o59’22.5”E

Loss of sales for 14 days x 1500 estimated profit / day = Kshs 21,000.00 Reconstruction = Kshs 30,000

51,000.00

3. Tabitha Wanjiru Female 24099075 0715431007 Green grocers

Matangi /Murera

1o8’49.2”S 36o59’21.0”E

Loss of Kshs 500/day x 3 days = Kshs 1,500 Reconstruction of Kiosk Kshs 10,000

11,500.00

4. Lydia Nyambura Female 23087779 0717981256 Green grocers & takeaway food vendor

Matangi/Murera

1o8’49.9”S 36o59’20.5”E

Sales went down and has not resumed (sale of Chapati and Githeri ) Profit has dropped from Kshs 1,200 to Kshs 200 leading to loss of Kshs 1,000 per day for seven days = Kshs 7,000.00 Reconstruction of structure – Kshs 10,000

17,000.00 .

5. Ephantus M. Karuku

Male 24572137 0729515077 Hardware and Bicycle repairs

Matangi /Murera

1o8’49.2”S 36o59’21.2”E

3 days closure Profit per day is Kshs 3000.00 = Kshs 9,000.00 Reconstruction of business premises structure Kshs 2,000.00

11,000.00

6. Peter Mwangi Ngugi

Male 10513796 - Shoe repairs

Matangi / Murera

1o8’51.4”S 36o59’19.2”E

Average profit /day is Kshs 500 x 6 days business closure Kshs 3000.00

3,000.00

Total 112,500.00



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Plate 2: Markings of project alignment area and businesses affected

5.4.3 Project affected persons through disruption of services

The main people involved in this category are water service providers within Ruiru Municipality. These include governmental and private water service providers whose income may be temporarily disrupted by construction activities. So far in the areas where construction works have taken place, water supply has been affected to some extent. The disruptions have inconvenienced consumers and the water service providers have incurred loss of income during days of disruptions. In response to these interruptions arrangements on water reconnections have been arrived at after consultative meetings held April 3, 2017 between the implementing consultant, RUJWASCO and the contractor. The meeting resolved as follows;

(i) All water pipeline under the management of RUJWASCO and are inevitably disrupted by

the sewer pipeline Contractor, will be restored by RUJWASCO and the incurred cost for the

used material will be reimbursed to RUJWASCO by the contractor at a later date.

(ii) All the communication on water disruptions will be delivered by mail and telephone to the

consultants site Engineer Michael Owen, who will communicate through both e-mail and

telephone to Jane Ngugi (Water Technician) RUJWASCO, who will mobilize field staff

(plumbers) to effect the water connection.

(iii) The list of the material used in the reconnection will be submitted to the consultants to be

forwarded to the contractor m/s FUNAN CO. LTD for reimbursement.

(iv) RUJWASCO, promised to provide to the contractor some unused pre-fabricated manhole

sewers to be used in same critical areas to avert any disaster during the rainy season.

(v) RUJWASCO also promised to assist in securing way leaves in same very critical areas.

Those affected are described as outlined in the Table below:




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Table 31: Project affected persons through loss of property and disruption of services

Name of PAP Gender status

Identity Number

Location Impact /Affected items

Estimated Costs (KSHS)

Charles Kabiru Gakenga

Male 11143492 Gitambaya

Road – hard-core worth KSH 28,000.00 was scooped and not reinstated

28,000.00

Elizabeth Wambui Gakenga

Female 1841533 Gitambaya

Electricity droppers destroyed Five mature (7 years) trees cut down

10,800.00

Margret Karungari Kamau

Female 10887173 Gitambaya

Road – hard-core worth KSH 28,000.00 was scooped and not reinstated

28,000.00

Table 32: Project affected persons through disruption of water services

No. Metre No. Client name Reconnection Status

1 5782 Sein Muhika Reconnection done

2 4108 David Maina Chege Reconnection done

3 3787 Pius Kimani Karocho Reconnection done

4 5746 James Njenga Waitito Reconnection done

5 6867 Elijah Wangu Mbugua Reconnection done

6 3944 George Mwaura Kamau Reconnection done

7 5969 Peter Gathungu Kinyanjui Reconnection done

8 9310 Nganga Njuguna Reconnection done

9 5774 Mary Wamboi Mwangi Reconnection done

10 7164 Peter Ndugo Kioi Reconnection done

11 4486 Onesmus Phillip Muiruri Reconnection done

12 6860 George Kirika Kiarie Reconnection done

13 4700 Regina Kanyi Kabuku Reconnection done

14 4104 Julius Wainaina Kimani Reconnection done

15 4594 Jacinta Njeri Nganga Reconnection done

16 6114 Angelica Wanjiru Kariuki Reconnection done

17 5782 Miriam Njeri Mwiga Reconnection done

18 9535 David Maina Chege Reconnection done

19 7821 James Thendu Gitau Reconnection done

20 5776 Regina Njeri Kamau Reconnection done

21 5998 Joseph Gichio Kihiu Reconnection done




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Information in Tables 24-32 can be summarised into various categories including property owners, asset tenants and informal occupants as summarised in Table 33 below:

Table 33: Actual number of PAPs identified within the project area

Tertiary Sewer Line

Formal Residence

Business Owner Occupied

Business Tenant Occupied

Business Informal Occupant

None Occupied Structure

Crop Owners On Own Land

Crop Owner Squatter

Gitambaya 6 0 0 0 0 4 0

Murera 0 4 2 0 0 1 0

Gatong’ora 0 0 0 0 0 2 0

Ruiru CBD 0 12 11 5 0 0 0

Membley 0 0 0 0 0 0 0

Gitothua (By Pass)

0 2 4 0 0 0 0.

Mugutha 0 0 0 0 0 0 0

Totals 6 18 17 5 0 7 0

All Sewer lines

Water reconnections arise during construction. Water disconnections are spread in all the Sewer-lines, affecting the owner occupiers and tenants. Reconnections are conducted by the contractor through RUJWASCO as the local water service provider.

Roads disruptions affected all project areas. Reinstatements are being done by the contractor

5.5 MECHANISMS ESTABLISHED TO MINIMISE DISPLACEMENT/ RESETTLEMENT

5.5.1 Community sensitizations

The sociologist team will go ahead of excavation team to sensitise local people on the proposed works. Sensitisation involves telling people about the proposed project, its objectives, benefits and possible impacts including disruption of services. The business community especially those owning kiosks within road reserves are advised to temporarily remove their structures to give way for excavation activities. This is done three days before construction process begins but the local business owners are advised to remove their structures on the day of excavation to limit the period over which their businesses are disrupted. After pipe laying and backfilling of the excavated areas, the affected business people are allowed to reconstruct their businesses. In this way, nobody loses their livelihood over extended period of time due to implementation of the project.

5.5.2 Restricting project activities to road reserves and storm water drainage channels

The project has been designed to follow existing road reserves and storm water drainage channels of Ruiru Municipality. This ensures that project infrastructure do not spill over to private land which may lead to involuntary resettlement.

5.5.3 Restoration and compensation

In situations where individual or community property is affected due to implementation of the project, the affected property is restored to the original condition. This includes instances where fences or gates of private individuals are interfered with in the process of project implementation. In situations where restoration is not the best available option, the project




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affected persons are compensated in monetary terms. Compensation is preceded by valuation of damages caused and settling on a sum that is agreeable to affected persons.




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6 RESSETLEMENT COMPENSATION STRATEGIES

6.1 KEY PRINCIPLES

The key principles committed upon by WASSIP AF in this RAP include the following: (i) Resettlement and compensation of Project-Affected People will be carried out in compliance

with Kenya’s legislation and World Bank’s Policies and Procedures on involuntary resettlement OP 4.12

(ii) Both Physically-Displaced People and Economically-Displaced People will be compensated for their losses of livelihood,

(iii) The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process,

(iv) PAPs will be informed and consulted during the whole course of RAP development, implementation and evaluation.

6.2 CONDITIONS OF ELIGIBILITY FOR COMPENSATION

6.2.1 Cut-Off Date

The practical Cut- off Date for implementation of the RAP was the date on which the census of project-affected people and affected assets was started. This was on 7th March 2017. This date was conveyed to members of the public and project affected individuals during introductory committee meetings, leaders’ meetings and community consultative meetings for RAP. The community was sensitized on the implication of the cut-off date in line with the World Bank’s Operational Policy on involuntary resettlement (OP 4.12). Local community was informed that no structure or field established in the Project-Affected area after this date shall be eligible for compensation.

6.2.2 Eligibility

Assets, which basically include business premises, crops and trees that were surveyed in the Project-Affected Area by the Cut-off date, are eligible for compensation. The cut-off date for this RAP is 7th March 2017. This is the date on which the census of project-affected people and affected assets was started. The date was conveyed to members of the public and project-affected individuals during introductory committee meetings, leaders’ meetings and community consultative meetings for RAP.

6.3 ENTITLEMENTS

The Entitlement Matrix describes compensation and related assistance for each category of affected PAP. It is presented in Table 34 below.




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Table 34: Entitlement Matrix

Affected Asset

Affected Right or Interest

Eligible Entity (Individual or Household)

Eligibility Conditions Entitlements Additional Assistance/ Livelihood restorations

Agricultural Land

Rented Land: Land rights obtained temporarily as per a customary rental agreement

Tenant as recognized by the customary land owner and customary authorities whether resident or non-resident - (No case yet in the Project- Affected area)–INDIVIDUAL

Occupy land prior to the Cut- Off date as per a rental agreement recognized by the land owner and customary authorities

(i) No compensation for the land itself

(ii) Cash compensation to the owner of immoveable developments established by the owner and to the tenant of immoveable developments that were established by the tenant, such as structures, , etc… - See below“ Structures”

(iii) Cash compensation of standing crops – See below “Crops”

(i) Livelihood restoration allowance to be covered under a 15% disturbance allowance based on the value of the assets

Structures Non Residential Structures: Non

inhabitable house or other structure of any design (Fences, business premises including shops, kiosks, garages, hotels etc)

Owner -INDIVIDUAL Be the locally recognized owner of a non residential structure

(i) Cash compensation at full replacement value for structures and perimeter walls/hedges

(i) Livelihood restoration package to be covered under 15% disturbance allowance based on the value of the asset

(ii) Provide financial compensation for the business lost during the period of none operation due to disruption

(iii) The contractor to facilitate transport of reconstruction materials from local hardwares/sources at no cost

(iv) Contractor staff to assist with labour for reconstruction of temporary structures

(v) Construct public toilet to cater for PAPs within CBD

(vi) Give job opportunities to




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Affected Asset




PAPs who have requisite skills at the project. Those without skills should be considered for unskilled labour in the project

Non Residential Structures: Non

inhabitable house or other structure of any design (Fences and business premises including shops, kiosks, garages, hotels etc)

Tenant -INDIVIDUAL Be the locally recognized Tenant of a non residential structure

(i) Cash compensation for business lost


(ii) Provide financial compensation for the business lost during the period of none operation due to disruption

(iii) Provide in kind assistance to secure an alternative business premises

(vii) Construct public toilet to cater for PAPs within CBD

(iv) Give job opportunities to PAPs who have requisite skills at the project. Those without skills should be considered for unskilled labour in the project

Crops Standing Non Perennial Crops

Owner of the crop – INDIVIDUAL

Be the recognized owner of a standing crop and be unable to harvest it prior to land occupation by project

(i) Cash compensation at full replacement value





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Affected Asset




(ii) Allow the PAP to harvest mature crops

Standing Perennial Crops

Owner of the crop – INDIVIDUAL

Be the recognized owner of a standing perennial crop

(i) Cash compensation at full replacement value

(i) Allow the PAP to harvest mature perennial crops

(ii) Livelihood restoration package to be covered under 15% disturbance allowance based on the value of the asset

6.4 OVERVIEW OF COMPENSATION PACKAGES FOR THE MAIN CATEGORIES OF PROJECT-AFFECTED PEOPLE

Based on the eligibility matrix, Table 35 hereunder presents an overview of eligibility criteria and compensation packages for each of the five main categories of Project-Affected People identified.

Table 35: Eligibility and compensation packages for main categories of PAPs

Category of PAP Eligibility Criteria Compensation Package

A: Permanent residents and tenants or sharecroppers of agricultural land

Be recognized by local traditional authorities as a non-permanent resident in the Project-Affected Area and as a customary land holder of agricultural land located in the Project-Affected Area for more than one year

Cash compensation of the lost non permanent house at full replacement value

Replacement of lost land by agricultural land of similar potential under similar customary tenure arrangements anywhere in the Area

Cash compensation of all immoveable developments on the affected agricultural land, such as structures, soil improvement, etc…

Cash compensation of standing perennial crops at replacement value and of non perennial crops at market value

Moving allowance if the household vacates the Project-Affected Area at a given date

Livelihood restoration package



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6.5 CASH COMPENSATION

6.5.1 General

The term ‘cash’ is used in this RAP to denote payments in currency. Experience in sub-Saharan Africa indicates a high risk potential with large, lump-sum cash payments to parties who have little experience with money management. While the project shall provide compensation in cash consistent with the local law requirements and stipulations of World Bank OP 4.12, the project will also include a number of additional benefits that are not represented in the cash compensation package as shown in Table 35 above. These additional, non-monetary benefits are intended to mitigate resettlement risks recognized under the involuntary resettlement procedures for the Bank.

6.5.2 Crops

6.5.2.1 General Compensation for crops will be done on the basis of the requirements of Kenyan laws. Under this law, landowners and leaseholders are entitled to be compensated at market value for land; tenants for crops and property on the land that they rented; property owners for the value of any property on expropriated land. 6.5.2.2 Non-Perennial Crops In situations where the farmer cannot be given sufficient notice to harvest his/her crop, compensation will be paid based on the market value of the non-perennial crop. 6.5.2.3 Perennial Crops The calculation of the value of perennial crops for compensation is also based on the market rates and includes the type of crops, the age and size or area under which the crops are grown. These factors have been used as the basis for the calculation of perennial crop loss. Compensation rates are factored for the following stages of tree development:

Seedling,

Young, not productive,

Young productive,

Mature. The calculation of the full replacement value considers not only of the product of the crop over one year, but also the cost of re-establishing the crop (seedlings, soil preparation, fertilizers, others), as well as the lost income during the period needed to re-establish the crop. Compensation rates will be calculated in compliance with the full replacement value principle. 6.5.2.4 Specificities of Tenants and Sharecroppers Tenants will be paid the whole compensation value for the crop they have grown.



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STC/ISEP LTD JOINT VENTURE PAGE 6

7 GRIEVIENCE MANAGEMENT AND REDRESS

7.1 INTRODUCTION

Regardless of its scale, grievances among the affected population over issues ranging from compensation and eligibility criteria to the quality of service delivery at the sites. Procedures should be put in place to allow affected people to lodge a complaint or a claim. These grievances are best addressed through project management and local administration. The project management are expected to ensure that grievance redress procedures are in place and monitored to ensure that the grievances are being handled properly.

7.2 GENERAL INFORMATION

In the course of implementing water and sanitation services, especially in areas where there are human settlements, it is possible that persons or communities may have concerns with the works. It is for this purpose that the Grievance Redress Mechanism (GRM) is appropriated. Any concerns that the residents within these settlements have are to be tabled and addressed formally to ensure efficient and transparent redress is done.

“World Bank funded projects are required to implement a grievance redress mechanism (GRM) to receive and facilitate resolution of affected peoples’ concerns, complaints, and grievances about the project’s performance, including concerning environmental and social impacts and issues. The mechanism ensures that: (i) the basic rights and interests of every affected person by poor environmental performance or social management of the project are protected; and (ii) their concerns arising from the poor performance of the project during the phases of design, construction and operation activities are effectively and timely addressed” (RANJIP, 2016:25).

7.3 EXPECTED GRIEVANCES

In practice, grievances and disputes that are most likely during the implementation of a resettlement program are the following:

Misidentification of assets or mistakes in valuing them;

Disputes over plot limits, either between the affected person and the Project, or between two

neighbours;

Dispute over the ownership of a given asset (two individuals claim to be the owner of this

asset);

Disagreement over the valuation of a plot or other asset;

Successions, divorces, and other family issues, resulting in disputes between heirs and

other family members, over ownership or ownership shares for a given asset;

Disagreement over resettlement measures, for instance on the location of the resettlement

site, on the type or standing of the proposed housing, or over the characteristics of the

resettlement plot; and

Disputed ownership of a business (for instance where the owner and the operator are

different persons), which gives rise to conflicts over the compensation sharing

arrangements.



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7.4 PROPOSED GRIEVANCE REDRESS MECHANISM

During site survey visits in Week 11, it was observed that there were challenges in effectively ensuring reinstatement of water services, especially in highly populated areas. This prompted the introduction of a grievance mechanism. The following table characterizes the key actors and causes that were used to conceptualize the grievance form.

Table 36: Key actors and causes used to conceptualize grievance form

Question Answer Relevance

(i) What are the current

types of grievances

related to company

operations?

(ii) What additional issues do

people anticipate?

(iii) What are possible causes

of these grievances?

(iv) How often do they seem

to arise?

Mainly it involves the reinstatement of infrastructure i.e. road works and water services. The only other additional issues that have arisen are the kiosks that have been built on the road reserves where the lines are intended to pass. These grievances are there in every new line excavation as previous services will be disturbed when the digging and back-filling is in process.

This is seen as important because it allows for proactive measures to be integrated into the GRM process

Whom do the community members blame for the issues (the company, one particular employee, a subcontractor, or others)?

Since the main people they have contact with are the contractor’s team on the ground, they are the ones who are associated with the disruption of services.

When redressing complaints it’s important that the residents view it as organizational process and not individual.

Whom do the issues being raised typically affect? Individuals? Whole families or communities?

The disruption of services mainly affects the community as a whole because the main water services are located along the main roads where the sanitation line is also being laid. As for the road-works this is dependent on particular positions of the lines as the sanitation services are not implemented in all areas.

Due to the mixed use of the area in which implementation is occurring, we view this as an affected community though the forms are structured to indicate one individual as responsible during redress.

Why are these grievances arising?

Due to the size of the project, the reinstatements are taking long because they’re not enough teams to deal with the population volume. The services that have been installed in the area are not recorded so once excavation begins it is difficult to be proactive and plan for reinstatement.

Excavation activities cannot be done without disturbance to residents and therefore it’s prudent to ensure there area measures to address complaints.

Are there structural problems that could be changed to reduce conflict, such as different policies, rules, roles, decision making processes, communication systems, or a better division of labour?

Where the reinstatement involves services provided by RUJWASCO, there’s a representative from there who comes to inspect their lines and confirm legal connections. The roads are done by the residents and therefore have no-one to inspect, except the contractors on the ground.

This has ensured that the process involves local government representatives where possible to provide backing during redress.

What are the costs of these conflicts for the company and the community? (Costs should

These works are taking up some time, though they cannot be avoided. According to the residents, there were

In some cases where the residents have taken part in the redress the costs have



CHAPTER 6


Question Answer Relevance

be discussed not only in monetary terms but also in broad terms, such as relationship costs, time, and reputation.) How severe is the impact?

problems with contractors on the ground (but it is difficult to ascertain as the local community do not differentiate between the trunk line project and the current tertiary lines)

been high, but for most it’s manageable.

Who will have standing to bring a complaint (local individuals, local community groups, local or local government)?

Local individuals so far have done as these lines have been in residential areas.

In this process any resident or person of interest can raise a complaint.

7.5 ORGANISATIONAL STRUCTURE FOR CONFLICT RESOLUTION

7.5.1 Introduction

During the elders FDGs, the study team probed on the appropriate proposals to compensations to avoid the occurrence of the noted problems during compensations such as family feuds and conflicts. Members agreed that the most appropriate method would be to go through the local administration in case the issue was not solved at the family level. The organisational structure for conflict resolution that was discussed and agreed on by the attendees is as follows: (i) The area chief has been given the responsibility of summoning members with disputes and

solving problems arising from compensations (ii) The area chief will receive the cheques for all members to be compensated at his/ her office.

Family members who have agreed among themselves on how to divide the compensation cash will be given the cheques by the chief

(iii) If there is a problem on the division of money between family members, the chief will withhold the cheque. The chief will act as the mediator to solve the conflict

(iv) Depending on the agreement and the solution reached upon by the conflicting family members, the chief will write to the bank to advise on how to divide the money among the beneficiaries

The area chief will therefore be tasked with the main administrative roles within the local grievance resolution mechanism.

7.5.2 Levels of Grievance Redress Mechanism

7.5.2.1 General The findings from the FDGs also raised suggestion that while the proposed grievance mechanism should be through the local administration, other members of the mechanism should include PAP representatives from all locations affected by project activities as well as local and external professionals. Grievance redress mechanism for the project was therefore divided into three levels. Level one involves local committee while level 2 involves county committee. Level three of grievance redress mechanism involves project committee as discussed below. The write up below is a concise description of the organisational structure for grievance redress proposed for this RAP.



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7.5.2.2 Level one: Local Committee A committee consisting of the following members will be formed to address grievances at the local level (i) Chairman: Area Chief (ii) Secretary: Assistant Chief (iii) Members: Three PAP representatives consisting of a man, a woman and a youth (18-30

years) This committee will sit at the office of the Area Chief. The following procedure for registering grievances at this level is as follows: (i) A PAP registers a grievance and within one working day, the committee members are

alerted of the case (ii) The affected person is immediately informed on the next date of the scheduled hearing.

Depending on the case load, a maximum of seven working days will be given between the date that a case is recorded and the date when the hearing is held

(iii) The committee will meet once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held

(iv) The committee will communicate its judgement to the affected person within three working days after conclusion of hearings

(v) If no resolution is met or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within five days of the hearing

(vi) If the PAP is not satisfied with the judgement, he/ she will be allowed to move the case to the next level

7.5.2.3 Level two: County Committee Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing solutions. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. A county level committee constituted of the following members has therefore been proposed (i) Respected opinion leader in the community such as a religious leader or community elder (ii) Deputy County Commissioner (iii) Members: Three PAP representatives consisting of a man, a woman and a youth

This committee will be chaired by the opinion leader but the proposed secretary is the representative from the PAPs. The committee will sit once a month at the County government office. The following procedure for committee deliberations has been proposed (i) A grievance is forwarded from the local level committee and lodged at the County

Government office. This includes cases forwarded from the local committee level; (ii) Within five working days, a notice is sent out to all interested parties informing them of the

date of the hearing; (iii) Prior to the hearing, the chairman and the secretary will determine the need for an arbiter

and invite them to the hearing; (iv) A hearing will then be held within twenty days of the grievance being raised; (v) In cases where an arbiter is required, the committee ruling is final. The complainant shall

however be made aware of the fact early prior to commitment to the arbiter;



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(vi) The ruling of the hearing shall be communicated within three working days. (vii) Disputes that cannot be resolved at this level will be forwarded by the committee to the next

level within five working days.

7.5.2.4 Level 3: Project committee Some grievances may also occur that are outside of the direct control of the RAP Implementation Committee and would require intervention at national or county level. These include disputes that require policy interpretation or investigations prior to conclusive resolution. In such cases, the committee may require legal interpretation on certain aspects. A project level committee constituted of the following members has therefore been proposed (i) Chairman: Chief Executive, Lands Housing and Urban Development (ii) Secretary: Deputy County Commissioner (iii) A specially delegated representative from AWSB (iv) Members: Three PAP representatives consisting of a man, a woman and a youth. This committee will sit once in three months at the County Government office. The following procedure is proposed for committee deliberations: (i) A grievance is lodged at the County Government office and within five working days, a

notice is sent out to all the interested parties informing them of the date of the hearing. This includes cases forwarded from the county committee level

(ii) A hearing will then be held within thirty days of the grievance being raised (iii) In the event that the investigations and technical witnesses are required, a maximum of

three calendar days will be taken prior to a hearing being held (iv) The committee decision will be communicated in writing within five days of the date of

hearing (v) If the committee does not resolve an issue, the affected persons are free to go to the Land

and Environment Court Considering the various levels of decision making required at this stage, it is proposed that the final decision from this committee be communicated within three months. A flow chart of this process is presented in the figure below



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Figure 7: Flow chart of the proposed grievance redress mechanism

Complainant immediately receives notice of the date of hearing

Notice to Local Committee members

Hold Hearing Resolution

No Resolution

Grievance Lodged at County Government offices

Invitation to arbiter or tribunal witnesses

Notice of Hearing

Hold hearing Resolution

No Resolution

Notice of Hearing

Hold Hearing Resolution

No Resolution

Lo

cal le

vel

co

mm

itte

e

Co

un

ty C

om

mit

tee

P

roje

ct

Lev

el C

om

mit

tee

Grievance Lodged at Chief’s office

Grievance lodged at County Government Office

Land and Environment Court



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7.6 GRIEVANCE REDRESS MODEL FOR WATER REINSTATEMENTS

In the course of this project, the model, illustrated in the Figure below will be used to address grievances that are concerned with water reinstatement.

Figure 8: Grievance redress model for water reinstatement

RECEIVE AND REGISTER

GREIEVANCE

SCREEN AND ACCESS (in consultation with valuation team

DECIDE, COMMUNICATE DECISION

IMPLEMENT APPROACH (technical team)

ACT TO RESOLVE LOCALLY

REFER AS APPROPRIATE

CHOOSE LOCAL APPROACH (social team)

CONTRACTOR PROPOSES SOLUTION

DEFER TO THIRD PARTY TO DECIDE

RUJWASCO

LOCAL RESIDENTS PROPOSE SOLUTION

DECIDE TOGETHER WITH

RESIDENT

REJECT COMPLAINT

TRACK AND DOCUMENT

TO STRENGTHEN RESOLUTION

APPROACH

Increase capacity of key actors

Seek third party input

Use third party mediation

FEEDBACK AND LEARN

Not resolved? Revise choice or

execution of approach

Resolved?



CHAPTER 8


8 MONITORING AND COMPLETION AUDIT

8.1 GENERAL OBJECTIVES OF MONITORING

Monitoring is a key component of the Resettlement Action Plan and is an integral part of Project Implementation Unit (PIU) responsibility and obligations. It has the following general objectives:

Monitoring of resettlement and compensation progress, of specific situations of economic or

social difficulties arising from the implementation of the compensation and resettlement

process, and of the compliance of the actual implementation with objectives and methods as

defined by World Bank Principles and this RAP;

Audit of the completion of the resettlement program, through and assessment of the short-

mid- and long-term impacts of the compensation and resettlement program on affected

households, their incomes and standards of living, the environment, local capacities,

housing, etc.

Monitoring allows to correct implementation methods “in real time” during Project implementation, and also to check whether general objectives have been met and whether the resettlement and compensation program can be deemed complete. Monitoring and auditing include an internal tier and an external tier.

8.2 INTERNAL MONITORING

8.2.1 General AWSB has the overall responsibility of conducting regular internal monitoring of the progress of project implementation. The monitoring shall be a systematic evaluation of the implementation stage in relation to the recommendations of this RAP report. In undertaking the same, AWSB will be the main driver of RAP implementation. As such, it will be their responsibility to undertake regular internal monitoring of the process. 8.2.2 Objectives The objectives of internal monitoring and evaluation will be: (i) Social and economic monitoring: follow-up of the status of PAPs, environmental and health

situation, livelihood restoration including small businesses, employment and other activities; (ii) Monitoring of vulnerable people; (iii) Grievances and grievance management system. (iv) To ensure that compensation process is implemented with utmost transparency (v) To verify that funds for implementation of the RAP are provided in a timely manner and in

amounts sufficient for their purposes

8.3 EXTERNAL MONITORING

8.3.1 General To ascertain quality and objectivity in the process, AWSB will engage an external expert to conduct a comprehensive evaluation of the implementation of compensation activities and milestones on a regular basis. Four reviews will be carried out annually. The reviews will focus on the assessment of compliance with social commitments contained in Kenyan legislation, in the World Bank Principles, in this Resettlement Action Plan, in the ESIA and its attached action plans, and in the Social Management Plan. A sample terms of reference for the external monitoring expert is attached in Appendix IV.



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8.3.2 Objectives The objective of the monitoring will be to: (i) Review the results of the internal monitoring and review overall compliance with the study

recommendations (ii) Assess whether compensation process objectives have been met, especially with regard to

signing of agreements and management of grievances (iii) Evaluate post compensation assistance to PAPs (iv) Assess general efficiency of the process and formulate lessons for future guidance (v) Determine overall adequacy of entitlements (vi) Assess overall compliance with the RAP and other social commitments made in the

Environmental and Social documentation (vii) Verify that measures to restore or enhance Project-Affected Peoples’ quality of life and

livelihood are being implemented and to assess their effectiveness, (viii) Assess the extent to which the quality of life and livelihoods of affected communities are

being restored in an appropriate manner. 8.3.3 Other issues Beyond commitments identified in this Resettlement Action Plan, this review will also assess overall compliance with other mitigation measures to address non resettlement-related social impacts described in the ESIA, the ESMP and the Contractor Plans. The types of commitments that will be verified by the external monitoring expert include the following: (i) Pollution prevention – dust and noise management in communities, (ii) Community safety – awareness raising programs in communities on communicable

diseases; community awareness of project traffic routes and traffic safety briefing, (iii) Infrastructure and services – reinstatement of damaged infrastructure and compensation

process; and roads shared with the public are maintained in reasonable condition (iv) Community liaison – community awareness of project activities; complaints procedures;

camp rules; recruitment process; project traffic speed limits; pre-warning of blasting, noisy activities and other planned disruptions; procurement process and regular community meetings and access to community liaison officers,

(v) Grievance management – follow up of grievances reported; accessibility of Community Liaison Officers; community awareness of complaints procedures and complaints close out.

8.4 MONITORING AND EVALUATION INDICATORS

The monitoring and evaluation of the RAP will be done against the indicators presented in the Table below:



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Table 37: Monitoring and evaluation indicators

No Activity Monitoring Indicators Means of verification Frequency of Monitoring

1 Disclosure of RAP Report Number of disclosure locations and percentage of household disclosures

PAP comments on the RAP and availability of RAP documents at the disclosure locations

Three times during RAP implementation

2 Formation of Resettlement Action Plan implementation committee

Number of meetings held to form the committees

Minutes of meetings and functional committee in place

Twice during RAP implementation

3 Consultative meetings to mobilise and sensitize PAPs on resettlement issues

Number of mobilisation meetings held List of attendance and minutes of sensitization meetings held


4 Election of representatives of various interest groups

Number and composition of representatives in various PAP committees

Minutes of proceedings of meetings List of representatives elected


5 Formation of PAP committee and election of officials of the committee

Number and composition of PAP committees

Functional PAP committee in place and minutes of meeting held


6 Notification of PAPS of cut-of-date for compensation

Number of notification meetings held with PAPs

Minutes of meetings held and list of attendance of the meetings


7 Notification of resource owners about compensation and related issues.

Number of notifications sent to PAPs on proposed acquisitions

Formal notification letters addressed to individual PAPs


8 Notification and explanation of grievance redress mechanism

Number of meetings held to notify the PAPs on grievance redress mechanisms

Formal notification letters addressed to individual PAPs and minutes of meetings held


9 Negotiation of compensation values with the PAPs

Number of negotiation meetings held Minutes of negotiation meetings and signed attendance form


10 Ratification of compensation rates Number of ratification meetings held Minutes of the meetings and signed attendance forms


11 Communication of compensation rates to PAPs

Number of notices sent to the PAPs Formal letters to individual PAPs Twice during RAP implementation

12 Dispute resolution concerning compensation rates

Number of dispute resolution meetings held

Register of disputes and minutes of dispute resolution meetings

Three times during RAP implementation

13 Development of monitoring and evaluation protocol

Number of monitoring and evaluations carried out

Monitoring and evaluation checklist and monitoring reports

Before monitoring and during final audit

14 Preparation and agreement on compensation contracts and types of compensation selected

Number of consultative meetings held Signed agreement forms Twice during RAP implementation t



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15 Disbursement of compensation amounts to PAPs

Number of households compensated and amount of cash disbursed

Signed payment vouchers containing full names and ID numbers of the beneficiaries

Quarterly during RAP implementation

16 Closing Audit Number of audits carried out to ascertain level of performance of the project against original objectives

Audit checklists and audit reports

One off at the end of implementation period



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8.5 METHODS OF MONITORING

The monitoring and evaluation (M&E)will be to identify and select a set of appropriate monitoring aspects and indicators and gathering information on them to assess their changes and variations. Participation of stakeholders especially the affected persons, women and vulnerable groups will be ensured in the M&E process. Monitoring tools will include both quantitative and qualitative methods as follows: (i) Sample household survey: A baseline household survey of representative sample

disaggregated by gender and vulnerability to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability

(ii) Focused Group discussions (FDG): Consult with a range of stakeholder groups (local government, compensation unit, NGOs, community leaders and PAPs including women and vulnerable groups

(iii) Key informant interviews: Consult with individuals like local leaders, village workers, or persons with special knowledge or experience about relocation activities and implementation

(iv) Community Public meetings: Open public meetings at project sites to elicit information about performance of various project activities

(v) Structured direct observations: Field observations on the status of RAP report implementation plus individual or group interviews for cross checking purposes

(vi) Informal surveys/interviews: Informal surveys of PAPS, project staff and implementing agency personnel using non-sampled methods

From the monitoring and evaluation process, the experts will prepare status reports to be forwarded to the RAPIC for further action

8.6 REPORTING

The quarterly evaluation report shall be compiled by the internal evaluation team. This report shall then be availed to the RAPIC and community through the PAP representatives. The same procedure shall be adopted by the external evaluation team. For this RAP, the monitoring and evaluation reporting schedule will be as follows: (i) Monthly reports

Assessment on the use of resources and production of outputs and identify key issues requiring more intensive study

Panel studies to provide continuous feedback on implementation and to identify potential problems

Combined progress report to include all the above and to be circulated internally (ii) Periodic reports to be done whenever management requires help in the evaluation of

problems, or require information to help in making an important decision (iii) Annual monitoring and evaluation reports The end of monitoring and evaluation will be marked by the completion of RAP implementation



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STC/ISEP LTD JOINT PAGE 9-1

9 COMMUNITY PARTICIPATION AND CONSULTATION

9.1 BACKGROUND

Public consultation in the RAP process is undertaken to disseminate information to interested and affected parties (stakeholders), solicit their views and consult on resettlement and compensation issues. Early consultation helps to manage public expectations concerning the impact of a project and its expected benefits. Subsequent consultations provide opportunities for the sponsor and representatives of people affected by the project to negotiate consequent resettlement activities. There should be: a) adequate exchange of information b) promoting participation.1

9.2 OBJECTIVE OF PUBLIC CONSULTATION

The purpose of these consultations is to inform stakeholders about the project and its effects and to provide opportunities for people to voice their concerns.

9.3 STAKEHOLDER ENGAGEMENT

The stakeholder engagement was done through the following:

Key informants interviews; and

Community mobilization meetings

Regular consultation with affected people allows the project management to monitor the adequacy and effectiveness of the RAP’s compensation packages, livelihood restoration efforts, and development initiatives. Project management must document its information disclosure and public consultation efforts. This documentation identifies who was consulted, what was discussed, and what follow-up was required. Appendix 1 of this report contains minutes of community mobilization and introductory meetings and list of those who attended the meetings

9.3.1 Key informant interviews

The Table below gives a summary of discussions with key informants within the project area. Minutes of deliberations with key informants are contained in Appendix 1 of this RAP report.

1English, R., Brusberg, E. 2001. Handbook for preparing a resettlement action plan. International Finance Corporation.



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Table 38: Summary of discussions with key informants in Ruiru and Juja Sub Counties

Date Name Title Location Comments Attendance Response

Male Female

01.02.2017 Engineer Esther Njuguna

County Executive Committee member (Water Environment and Natural Resources)

Kiambu County

Applauded the Ruiru Sewerage Network Improvement Project (RSNIP) and suggested that the implementing agency works closely with the RUJWASCO (local water service provider) and the Assistant Director of Water in the Ruiru sub county; Recommended that the contractor must reinstate the roads to the original state. They had already received concerns from the Roads department in Ruiru Sub County regarding the state of roads after project implementation.

2 2 It was agreed that the contractor would reinstate all roads to the original state.

06.02.2017 Ms. Mercy Gatobu

Deputy County Commissioner

Ruiru Sub-County

The DCC confirmed in writing that they would support the project and will be engaged in community mobilization when called to do so.

1 2

06.02.2017 Ms. Agnetta Modo Odedere

Assistant County Commissioner

Ruiru Sub-County

Convened a meeting with all the Assistant Chiefs of Gitothua, Ruiru CBD, Gatong’ora Location in order to introduce the RAP team in preparation for the introductory community meetings.

5 3

06.02.2017 Mr. Francis K. Kimeu

Assistant County Commissioner

Ruiru Sub-County

1 1 See a letter of introduction by the Assistant County Commissioner Githurai Division.

06.02.2017 Mr. George M. Ng’ang’a

Assistant Chief Gitothua

Ruiru Sub-County

Reported that it was very important for the team to hold these meetings because in Gitothua the contractor’s team had already started works and in some aspects the community had been adversely affected particularly

1 1



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disruptions on roads due to excavation and roads not reinstated to original state, open manholes posing risks in a densely populated estate, and un reconnected water pipelines.

20.02.2017 Deputy County Commissioner

Juja Sub-County

Informed the chiefs from Mugutha and Murera locations about the RAP and requested that they participate in community mobilization.

2 3



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9.3.2 Public meeting summaries

Public mobilization meetings were held at project zones from March 2nd- 28th 2017 with the facilitation of ISEP and local administration in the area. A total of five meetings were held which are itemized in Table 39 below. The attendance lists and minutes of the meetings are contained in appendix 1 of the report.

Table 39: Summaries of Public Meetings held

Date Venue location Attendance

Male Female

02.03.2017 Gitothua Chief’s camp Gitothua Sub-Location, Gitambaya

18 16

10.03.2017 Thome Primary School Theta Location, Murera 18 11

12.03.2017 Gikumuri Chief’s camp Gatong’ora Sub-Location, Gatong’ora

14 2

26.03.2017 Mutonya Health Centre Grounds

Gatong’ora Sub-Location, Gatong’ora

26 11

28.03.2017 Assistant Chief’s Office Central Business District, Ruiru

16 5

The main concerns raised in these meetings are as follows:

Health and safety issues surrounding the implementation of the sewerage network. Their

concern being the open manholes and areas where back-filling had yet to be done;

Safe drinking water, as their pipes which supply water to their homes were now running

through uncovered manholes which have been filled with sludge from neighbouring

residential properties;

Unsatisfactory reinstatement of road access to residents’ homes and places of business;

Exclusion of areas from the current implementation of tertiary lines i.e. Fort Jesus

The images below represent some of the areas where community mobilisation meetings were held within the project area.

Plate 3: Public meeting at Mutonya health centre, Gatongora Sub Location



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9.4 DISCLOSURE OF RAP REPORT

9.4.1 Introduction

The disclosure process of the RAP shall be undertaken in a manner that is inclusive, culturally appropriate and ensures participation of all stakeholders including vulnerable groups.

9.4.2 Background

Section 34 of the World Bank Policy on Disclosure of Information states that “Whenever the Bank requires a Resettlement Instrument (RI) or Indigenous Peoples’ Development Plan (IPDP) for an operation, the proposed borrower prepares an RI or IPDP as a separate, free-standing document. As a condition of appraisal of the operation, the borrower provides the draft RI or IPDP, which conforms to the relevant policy, and makes it available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs………..…. After the Bank has approved the final RI or IPDP, the borrower again makes it available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs……..….” To comply with this requirement, this RAP report has proposed modalities for public disclosure of RAP findings. Some of the modalities have already been implemented while others will be implemented as part of RAP implementation process.

9.4.3 Disclosure of RAP report by Athi Water Services Board (AWSB)

The RAP documents shall be disclosed at two levels i.e. public level and household level. For purposes of this RAP, public level disclosure means that the document shall be placed in an area where any member of the public can review the documents provided. Household level disclosure on the other hand means only the individual PAP or household head and his spouse (s) can review the documents provided. During the field studies, the study team established that due to the fact that the sewerage implementation project is being implemented at different sites within Ruiru Municipal area, the disclosure of the RAP is better done at select locations within the project area. At household level, the RAP shall be disclosed to individual PAPs while at the public level, desks will be set at Sub Location offices for purposes of disclosing RAP report. Household RAP disclosure has already been carried out.

9.4.4 Documents to be disclosed at various levels

The documents to be reviewed at various disclosure levels are as follows: 9.4.4.1 Documents to be disclosed at public level The following documents associated with this RAP will be reviewed at the public level (i) Rap report 9.4.4.2 Documents to disclose at household level Information specific to PAP units shall be disclosed only to the specific PAPs – that is individual PAP or the household head and his spouse (s) only. These include (i) Inventory of assets; (ii) Proposed compensation figures; and (iii) Baseline socio-economic data at household level This study has also proposed that additional volume of this report be disclosed at a desk that can be easily accessed by the public once the report has been approved for implementation. This shall be done at the same points that NEMA discloses ESIA reports. In practice, this is usually the NEMA County Director of Environment offices.



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10 RAP IMPLEMENTATION

10.1 GENERAL

Athi Water Services Board as the implementing agency is responsible for the implementation of this RAP, and will also ensure affected households are fully compensated. The implementation of this RAP is being conducted as the construction works go on. It involves mainly reinstatement of infrastructure particularly water and roads and reconstruction of business premises which do not require for resettlement to an alternative location. The institutions that will be involved in the implementation of the RAP include Athi Water Service Board (AWSB) through Project Implementation Unit (PIU), local administrators, representatives of business owners, and RAP team as discussed below.

10.2 INSTITUTIONAL ARRANGEMENTS

10.2.1 AWSB Ressetlement Unit (ARU)

The structure of the unit shall be as follows:

Legal Advisor

Surveyor

Civil Engineer

Socio-Economist

Environmental Expert

Community Liaison Officer

Database Officer

Registered valuer The ARU will be responsible for the following:

Overseeing the implementation of the RAP;

Overseeing the formation of PAP Committee;

Ensuring maximum participation of the affected people in the planning of their own resettlement and post resettlement circumstances;

Accepting financial responsibility for payment or compensation and other designated resettlement related costs;

Ensuring detailed valuation of the structures in order to determine the case to case value of each component of the project and agreeing upon a value for compensation;

Paying the affected people compensation to the amounts agreed;

Ensuring monitoring and evaluation of the PAPs and the undertaking of appropriate remedial action to deal with grievances and to ensure that income restorations are satisfactorily implemented; and

Ensuring initial baseline data is collected for the purposes of monitoring and evaluation report as per the indicators provided by the RAP.

10.2.2 PAP Committee (PC)

Under the guidance and coordination of ARU, the PC will be formed after the formation of the ARU which will act as a voice for the PAPs. The committee shall comprise of the following:



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(i) Project affected person’s representatives from each region – to be appointed by PAPs (ii) Representative of business community (iii) Village elders (iv) Representatives of Nyumba Kumi initiative The PC shall have a Chairperson and a Secretary appointed or elected by PAPs. The PC will be concerned with the following: (i) Public Awareness: Includes extensive consultation with the affected people so that they can

air their concerns, interests and grievances; (ii) Compensation: Involves ratifying compensation rates and also serves as dispute resolution

body to negotiate and solve any problem that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate grievance procedures laid out in this RAP;

(iii) Monitoring and Evaluation (M&E): Involves developing the monitoring and evaluation protocol;

(iv) Logistics: Involves exploring all mechanisms by which RAP can be implemented; and (v) Employment, Training and Counselling: Involves employment protocol in the project (if any)

for those who cannot find alternative employment. The committee will also counsel the PAPs both socially and economically.

10.2.3 Local Administrators

Arrangements to work with the Sub Locational chief and elders have been made in all project areas. These leaders are drawn from the sub locations within project target areas of coverage and the membership will include the locational chief, Assistant chiefs, estate /village elders and chairmen of welfare groups among others The local leaders were informed that the project has adopted the bottom up approach implementation module and their participation is of paramount importance. The team will help ensure effective communication with the PAPs and facilitate grievance management mechanism of the project –affected persons in the estate /village. The Table below gives a list of local leaders to be involved in the implementation of RAP report.

Table 40: Local administrators to be involved in the implementation of the RAP report

Local Administration/Elders Designation Sub location

George Mwaura Ng’ang’a – 0722426387 Gikonyo – Elder – 0720215244

Assistant Chief Gitothua

Kamau – 0721650554 Alice Wamaitha Kamau Elder – 0723898685 Ebrahim Kamau –Elder: 0715684175

Chief

Murera Thome and Matangi villages

Esther Karonji – 0727270826 Stephen Memia- Elder – 0717843803 Mungai Nganga –Elder- 0721211358

Assistant Chief Gatong’ora Rainbow Kwihota, Mutonya, Eastern By Pass

Mary N. Waweru - 0720593168 Assistant Chief Ruiru CBD

Kinuthia – 0722444879 Chief Mugutha



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10.2.4 Affected persons and affected Business owner

Representatives will be drawn from among the Project Affected Persons to represent general interests of persons affected by implementation of the project and associated infrastructure

10.2.5 The RAP Team

RAP team members to be involved in the implementation of the RAP report include the project social team; project valuation team; Resident Engineer, contractor’s supervisor and RUJWASCO- in case of water disconnections

10.3 LIAISON WITH THE GOVERNMENT OF KENYA

The overall coordination of the implementation of the RAP will be provided by AWSB through the establishment of an ARU, which will oversee all resettlement planning and coordinate all issues relating to the compensation. The ARU is the project-implementing agency for Ruiru Sewerage Improvement Project and one of the key roles of the ARU will be to ensure completion and implementation of the RAP. Other roles for the ARU will include;

Collect all the needed documentation for compensation;

Make funding request from Athi Water Services Board to undertake compensation of the PAPs;

Compile all the grievances and documents for future reference; and

Send copies of all the documents to the AWSB.

10.4 KEY ACTIVITIES DURING RAP IMPLEMENTATION

The following key activities will be carried out during RAP implementation:

10.4.1 Public Participation with the PAPs

This will initiate the compensation process as part of an ongoing process that would have started at the planning stages when the technical designs were being developed and at the land selection/screening stage. The process therefore seeks the involvement of PAPs in a participatory approach from the beginning.

10.4.2 Notification of resource owners

The project has been designed such that the sewer lines will run along existing roads and storm water drainage channels of Ruiru Municipality. The project is therefore not associated with land acquisition for purposes of implementation of project infrastructure. Micro enterprises mainly operating as kiosks especially those located within road reserves, standing crops and non residential structures like perimeter walls and gates to private properties will however be affected by project activities. A period of two weeks has therefore been allocated for notification of resource owners. This period is considered adequate considering the fact that no land acquisition will be involved in this project and this therefore means that there will be no parcels undergoing succession process which would have necessitated a longer period of negotiation. An additional one week has been allocated to deal with disputes that may arise for whatever reasons. In cases where there is clearly no identified owner or user, the respective local authorities and leaders will notify the community leaders and representatives who will help to identify and locate the land owners and users. These leaders and representatives of the PAPs will also be charged with the responsibility of notifying their members about the established cut-



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off date and its significance. The owners and users will be informed through formal notification in writing and by verbal notification delivered in the presence of the all relevant stakeholders.

10.4.3 Agreement on Compensation and Preparation of Contracts

All types of compensation will be clearly explained to the individual and households involved. The compensation contract and the grievance redress mechanisms will be read aloud in the presence of the affected party and the Local Community Elder prior to signing.

10.4.4 Compensation Payments

All compensation payments will be made in the presence of the affected party, ARU staff, County Government representatives, local administration, representative of the PAPs and the community local leaders.

10.5 TIMELINES FOR RAP IMPLEMENTAION

The Table below gives summary of implementation timelines for RAP activities

Table 41: Activity schedule for RAP implementation

No Activity Duration

1 Preliminary meetings to mobilise and sensitize PAPs on resettlement issues

1 week

2 Formation of PAP groups 1 week

3 Election of representatives of various interest groups 1 week


1 week

5 Notification of PAPS of cut-of-date for compensation 1 week

6 Notification of resource owners about compensation and related issues

2 weeks

7 Notification and explanation of grievance redress mechanism 1 week

8 Negotiation of compensation values with the PAPs 1 week

9 Ratification of compensation rates 1 week

10 Communication of compensation rates to PAPs 1 week

11 Dispute resolution concerning compensation rates 2 weeks

12 Development of monitoring and evaluation protocol 1 week


1 week

14 Disbursement of compensation amounts 2 weeks

15 Closing Audit 1 week

Total period of RAP implementation 18 weeks



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Table 42: Time schedule for RAP implementation

No. Resettlement Action Plan (RAP Activity

Time in Weeks

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

1 Preliminary meetings (mobilisation meetings)

2 Formation of PAP groups

3 Election of representatives of various interest groups


5 Notification of PAPS of cut-of-date for compensation

6 Notification of land resource holders about proposed acquisitions

7 Notification and explanation of grievance redress mechanism

8 Negotiation of compensation values with the PAPs

9 Ratification of compensation rates

10 Communication of compensation rates to PAPs

11 Dispute resolution concerning compensation rates

12 Development of monitoring and evaluation protocol


14 Disbursement of compensation amounts

15 Closing Audit



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10.6 BUDGET

The table below presents the estimated budget that should be made available for the implementation of this RAP.

Table 43: RAP budget

No Item Unit Unit Cost Quantity Total Cost

A COMPENSATION FOR LOSS OF ASSETS AND STRUCTURES

1 Loss of business and income

Kshs Variable 32 390,800.00

2 Loss of structures (Fences and Perimeter walls)


3 Loss of trees and crops Kshs Variable 9 86,900.00

4 Business reconstruction Kshs Variable 12 285,000.00

5 Loss of construction materials


B COMPESATION FOR LOSS OF LAND

1 Easements Acres Variable Nil Nil

Sub Total 1 879,780.00

C CONSTRUCTION OF PUBLIC TOILET IN CBD


Sub Total 2 1,079,780.00

D LIVELIHOOD RESTORATION

15% of total compensation

161,967.00

E IMPLEMENTATION

1 Provision for project resettlement committee activities

Kshs Variable Variable 400,000.00

A Establishment of a Project Resettlement Committee

B Drafting, reading and signing of resettlement and compensation Agreements

C Grievances redressing

Sub Total 3 1,641,747.00

CONTINGENCIES 5% 82,087.35

GRAND TOTAL 1,723,834.35



REFERENCES


REFERENCES for the due Diligence

1. Aritho, G. M. Gitonga (2000) “Constitutional and Statutory Basis Land Acquisition and

Compensation in Kenya”, in Wanjala, Smokin C, Essays on Land Law: The Reform Debate

in Kenya, Faculty of Law, University of Nairobi. pp. 63-83

2. Aritho, G. M. Gitonga (April 2002):“Valuation Issues in Compensation and Resettlement

Action Plan: he case of Kwale Titanium Minerals Project in Kenya”. Remark: Abstract of this

paper was presented to the FIG International Congress held in Washington, DC, 19-26, April

2002.

3. Aritho, G. M. Gitonga (Dec. 1996): “Application of Statutory Valuation in the Acquisition,

Management and Disposal of Public Lands in Kenya: A Critique of Principles of Law and

Valuation as Legislated in Government Lands Act and Land Acquisition Act”. A Paper

presented and read at the Seminar on Valuation Practice in Changing Social Political and

Economic Environment held at University College of Lands and Architectural Studies

(UCLAS), Dar es Salaam. December 2 - 4, 1996

4. Aritho, G. M. Gitonga, (July 1996): Measurement and Valuation Of Environmental Impacts of

Construction Projects: A Search for Territorial Justice or Mitigating Deprivation? A Paper

Presented And Read At The CASLE / IQSK / ISK EASTERN AFRICA REGIONAL

SEMINAR 1996 at Mayfair Court Hotel, Nairobi, July 23-26, 1996

5. Athi Water Service Board: Executive Summary of The Environmental and Social Impact

Assessment Nairobi River Rehabilitation: Sewerage Improvement Project

6. Athi Water Services Board (AWSB): Multi Towns Sustainable Water and Waste Water

Management Program, Environmental and Social Impact Assessment Study, Kiambu

Sewerage Project, July 2016

7. Athi Water Services Board: Consultancy Services for A Feasibility Study and Detailed

Design for Sewerage System in Juja and Thika South Municipality (Phase II), October 2015

8. Athi Water Services Board: Ruiru Sewerage Network Improvement Project: Preliminary

Design Report for Ruiru Tertiary Sewers, October 2015

9. Athi Water Services: Nairobi Metropolitan Services Improvement Project (NAMSIP)

Construction of Sewerage System for Ruiru Municipality, Environmental Impact Assessment

Report November 2012 E2920 v2 rev

10. Australian Property Institute (2013) Submission to Department of Finance and Services on

Just Terms Compensation Legislation Review Consultation Paper (Sydney: August), 6.

11. Champness, Peter (2003): Towards Consistent Valuation Standards and Methodology, LCS

International Consulting Limited

12. Draft Report: Valuation Report of Properties Located along Ruvu Chini and Ruvu Juu Water

Pipelines Way Leaves and Kurasini Oxidation Ponds for Compensation Purposes, Ref. No.

DAWASA \SV()/0l/1 dated 17th April 2002.

13. ESIA Report : Consultancy Services for the Design, Preparation of Bid Documents and

Construction Supervision of Phase Two (2) of the Export Processing Zones Authority

(EPZA) Wastewater Treatment Plant by STC and ISEP May 2016

14. Gitonga Aritho Associates: Updating the Database and Valuation of all Government

Land And Properties in Four Provinces and the City of Kigali (LOT 1 - Kigali City)

Contract No. 0130 / RHA / DG / 012 dated August 30, 2012.



REFERENCES


15. Government of Western Australia: Compensation for Injurious Affection Law Reform

Commission of Western Australia – Project No. 98, Discussion Paper, October 2007

16. Hyam, Alan (2014) The Law affecting Valuation of Land in Australia 5th ed. (Sydney: The

Federation Press), 334 – 336.

17. JICA Study Team (JST): Spatial Planning Concept for Nairobi Metropolitan Region

18. Kakulu, I (2012) Wayleaves and spider’s Web Development Patterns in Oil and Gas Pipeline

Networks -selected cases from Nigeria In: Laryea, S., Agyepong, S.A., Leiringer, R. and

Hughes, W. (Eds) Procs, 4th West Africa Built Environment Research (WABER)

Conference, 24-26 July 2012, Abuja, Nigeria, 759-772.

19. KenGen (2010): Olkaria I Unit 4 & 5 Geothermal Project in Naivasha District, Environmental

and Social Impact Assessment (ESIA) Report. April 2010

20. Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Land Acquisition (Just Terms

Compensation) Act 1991 (NSW)

21. Ministry of Nairobi Metropolitan Development and Athi Water Services Board (AWSB): Multi

Towns Sustainable Water and Waste Water Management Program, Environmental and

Social Impact Assessment Study Report NEMA REF: PR/5/2/14999 Kiambu Sewerage

Project July 2016

22. Ministry Of Water & Irrigation: Mombasa Water Supply & Sanitation Co. Ltd (MOWASSCO),

Environmental and Social Impact Assessment Project Report for Improving The Existing

Storm Water Outlets, Outfall And Combined Sewer Overflows In Mombasa Island, February

2017 Contract No.: CWSB/WaSSIP-AF/C/37/2016

23. Nairobi City Council (Sept 1998): Nairobi Master Plan for Sewer, Sanitation and Drainage –

Land Use Report

24. Nairobi City Water and Sewerage Company Limited: Proposed Nairobi Sanitation OBA

Project (provision of sewer connections in informal settlements), Environmental and Social

Impact Assessment Report, October 2016

25. Nairobi River Rehabilitation and Restoration Program: Sewerage Improvement Project

Country: Kenya - Summary f Environmental and Social Impact Assessment Project: Nairobi

River Rehabilitation and Restoration - African Development (P-KE-EB0-003), May 31, 2010

26. Realestate Eye’: Demistifying Wayleves Acquisition in Kenya (October 22, 2015)

27. Ruiru on the Move: The Sustainable Urban Mobility Plan for Ruiru Town Ruiru Sewerage

Infrastructure Project (RSIP) Resettlement Action Plan (RAP) June 2013

28. Sewerage Systems: Department of Urban Affairs and Planning, September 1996, New

South Wales

29. Sheehan, J (2010) “Australia” in Alterman, R (ed.) Takings International: A Comparative

Perspective on Land Use Regulations and Compensation Rights (Chicago: American Bar

Association),

30. The North Fringe Project: Delivery of Sewer and Water Infrastructure to North Dublin, Dublin

City Council, 20th November 2006

31. The Valuation of Wayleaves: Time for Change? Norman E Hutchison and Professor Jeremy

Rowan-Robinson, Department of Land Economy, University of Aberdeen

32. Wayleaves Policy Document, South Africa: September, 1996

33. Welsh Government (2013): Statutory Guidance on sewerage undertakers’ duty to connect

properties to the public sewerage system under the Water Industry Act 1991 Section 101A



REFERENCES


Laws

1. The Constitution of Kenya 2010

2. Environmental Management Co‐ordination Act 1999

3. The Land Act, No. 6 of 2012

4. The Land Registration Act No.3 of 2012

5. The National Land Commission Act, No. 5 of 2012

6. Water Act (2002)

Case Law

1. Patrick Musimba v National Land Commission & 4 others [2016] eKLR (March 29, 2016 in

the High Court of Kenya At Nairobi - Constitutional & Human Rights Division)



APPENDICES

STC/ISEP LTD JOINT VENTURE APPENDICES

APPENDICES



APPENDICES

Resettlement Action Plan 2

APPENDIX I: Minutes of Community Mobilization and Introductory Meetings

Community mobilization and awareness meetings are conducted by the project proponent in order to deliberately identify and engage project beneficiaries and other relevant stakeholders. In project context these meetings aim to empower beneficiaries and stakeholders and make sure they understand the project rationale, concept, activities and outcomes in order for them participate effectively in decision making processes. Beneficiary and stakeholders participation ensures that they exercise their rights and the choices in relation to the project and that they get involved in situations or actions that enhance their wellbeing. Community mobilization and introductory meetings at Ruiru and Juja Sub Counties with relevant stakeholders and at community level with key informants have been organized by the implementing consultant Resettlement Action Plan (RAP) team and attended by representatives of the various departments. The identified stakeholders included the water sector officials at the Kiambu County and Ruiru Sub County, Deputy County Commissioners in Juja and Ruiru Sub Counties, and local administrative leaders and welfare leaders in the residential estates. The meetings started on February 1, 2017 and a schedule of the introductory meetings for the activities is as shown in Table below; Record of local leaders sensitization meetings:

Day/Time Activities

Tuesday, 01/02/2017

Courtesy call conducted in Kiambu County; Chief County Executive Committee Member for Water Environment and Natural resources in Kiambu County – Engineer Esther Njuguna ;The CEC was given a Ruiru Sewerage Network Improvement Project (RSNIP)project brief; The CEC applauded the Ruiru Sewerage Network Improvement Project (RSNIP) and suggested that the implementing agency works closely with the RUJWASCO (local water service provider) and the Assistant Director of Water in the Ruiru sub county; The CEC also recommended that the contractor must reinstate the roads to the original state. They had already received concerns from the Roads department in Ruiru Sub County regarding the state of roads after project implementation. It was agreed that the contractor would reinstate all roads to the original state. Assistant County Director Water, Environment and Natural resources in Kiambu County- Engineer Njuguna Kamau; was introduced to the implementing team during the project monthly site meetings

06 / 02 / 2017 - 07

Courtesy call at Ruiru Sub County ;

The visits at Ruiru Sub County were conducted in the following offices;

i) Deputy county commissioner Ruiru sub county – Ms Mercy Gatobu

ii) Assistant county commissioner Ruiru – Ms Agnetta Modo Odedere

iii) Assistant county commissioner Githurai – Francis K. Kimeu

The DCC confirmed in writing that they would support the project and will be



APPENDICES


Day/Time Activities

engaged in community mobilization when called to do so.

County Commissioner Officials’ Meeting Outcomes:

This followed a meeting with the chiefs and assistant chiefs drawn from project

target areas of Gitambaya, Membley, Mureru and Gatong’ora. These leaders

are as listed below;

1. George M. Ng’ang’a – Assistant Chief - Gitothua Sub location

2. Mary N. Waweru – Assistant Chief - Mukuyu Sub location

3. Joses Ntwiga – Chief – Gikumari- Location

4. Mr. Kinuthia – Assistant Chief – Mugutha Sub Location

5. Mr. Kamau – Chief – Theta Location

6. Agnetta Modo – Assistant County Commissioner Ruiru

7. Francis Kimeu – Assistant County Commissioner Juja

All those present were drawn from the project target area and they agreed to

work with the project RAP team in mobilization for Community meetings. The

Assistant Chief Gitothua sub location reported that it was very important for the

team to hold these meetings because in Gitothua the contractor’s team had

already started works and in some aspects the community had been adversely

affected particularly disruptions on roads due to excavation and roads not

reinstated to original state, open manholes posing risks in a densely populated

estate, and un reconnected water pipelines.

Courtesy call at Juja Sub County;

The visit to Juja was selected because Mugutha and Murera zones fall under the Juja Sub County. Those met in Juja subcounty included;

Deputy county commissioner Juja sub county

Chief Mugutha – Mr Kinuthia

Village Elders from Matangi, and Thome

Introductory Meeting at RUJWASCO Present in the meeting included Consultants team from ISEP and Shah Consultant Ltd. And the RUJWASCO staff in Water Issuance, and Engineers Ruji WASCO Staff had already been introduced to the project through the contractor and therefore it was necessary to meet the Consultant team. A contact person for the RSNIP project RAP team was provided as madam Jane the Issuance of Water Official from the WSP.

24 /02 / 2017 i. Community participation with the intention of incorporating the views of the



APPENDICES


Day/Time Activities

to

28 / 02 /2017

project beneficiaries and the PAPs has been organized. So far meetings

already scheduled and conducted are as indicated below;

a. Gitambaya Zone - March 2, 2017

b. Murera Zone – March 10, 2017

c. Gatong’ora Zone – March 12, 2017

Minutes of the Community Meetings

Item Minutes

A. Community Mobilization and Introductory Meeting conducted in Gitothua Sub

Location, Gitambaya Zone - March 2, 2017

Meeting Venue: Gitothua Chiefs Camp

ATTENDANCE

No Name Position

1. Mary Waweru Assistant chief Gitothua

2. Huini Kabui Sociologist

3. Michael Owen Assistant Engineer

4. Wairimu Maina Sociologist

5. Mercy Gatonye Sociologist

6. Catherine Kamau Sociologist

7. Amimo Odongo Environmentalist

8. Andrew Gitonga Land/Assets Valuer

9. Mutwiri Gitonga Land /Assets Valuer

Community list of attendance in appendix

MIN-1

02/03/17

Meeting started with a word of prayer from one of the beneficiaries The assistant chief introduced the consultant’s team and handed over the meeting program to the same team Meetings program was agreed as follows: i) Introductions

ii) Project brief by the team

iii) Plenary session

iv) Closing prayers

Min-2

02/03/17

Introductions were based on the project implementation activities and RAP and the individual consulting representatives of these activities included those outlined below; Assisting Engineer – Sociologists Environmentalist and Asset Valuation team



APPENDICES


The Community leaders and the village elders (nyumba kumi) were introduced by the Assistant Chief of Gitothua madam Mary Waweru.

Min-3

02/03/17

Project brief this to introduce the project and it was conducted by Huini Kabui the Sociologist

Key information disseminated included: Project proponents, project background and rationale; Consultant and responsibilities; scope of work; project geographical coverage area; project benefits; Project ownership; Study components; Project time frame; and expected community roles and responsibilities. There was emphasis on importance of the project in provision of better hygiene and improved health, economic value; some selected households will be connected to the sewer lines. An illustration of project coverage was given using a Map of the areas which displayed the distribution network of the tertiary pipeline system; it was explained that the tertiary lines would connect to the already constructed trunk mains sewerage system.

Project duration was given as having to run until September 2017.

A description of the RAP implementation and other related information was provided and explained that it would cover the following issues,

Affected households and businesses, Those affected in terms of assets, land or property; Environmental risks and safety;

Emphasize that compensation will only be for those who are affected by the infrastructure (tertiary pipeline) and this is assessed by the asset valuation team and guided by the related legal frameworks; A socio economic household survey will be conducted and data collected from those in the affected area, it was explained that this exercise requires cooperation of the residents; Further still the participants were informed that the meeting has given them an opportunity for them to air their concerns and observations. They were encouraged to asked questions in the following session;

Min 4

02/03/17

Plenary Session : Questions and comments by the beneficiaries

i) A gentleman from Fort Jesus area (under

Thika road fly over) at the Eastern by pass

wanted further clarification on why the

tertiaries did not exist in this area. He had

moved around trying to find out why they

did not get the sewer line in their area.

Answers and Reponses

The assistant engineer explained why the Fort Jesus areas have no lines. A simple reason was due to different levels and gradients of the ground that affect the water table. And sewer and water table are not to mix. He also noted that the project is a loan from the World Bank and so, for reasons financial, meeting all demands would be tasking.

ii) One other un-named male stated that

'Rujwasco' pipes are along the sewer pipe

in a 'wataalam' stage area in Gitambaya.

The consultant agreed to follow it up with RUJWASCO by forwarding this concern. It was however explained that RUJWASCO is a key stakeholder in RSNIP and that is the reason we would raise it up with them



APPENDICES


iii) Mr. Maina enlisted that it would be

important that locals gain from the project

through gaining employment and business

opportunities

The contractor had recruited unskilled labor locally

iv) Mr Maina was contented after learning

from this meeting that an E.I.A was

conducted and project has a NEMA

license. Similarly he was content since the

roads will be reinstated to the original state

before the project was initiated.

The sociologist clarified that compensation and reinstating of personal property would be addressed by the RAP team. Participants were asked to register all the challenges with the team for follow up.

Challenges sited were as follows;

Water pipe disconnections

Road reinstatement

Closing the manholes

An unnamed male had intended to complain about electricity disconnection due to the project and how he was inconvenienced due to blocked road when the contractor excavated but after this meeting he was satisfied because all these issues were explained by the project RAP team and he is convinced that infrastructure reinstatement will be done

It was explained that it is our intention to make sure that all infrastructure i.e. roads, water and even electricity is reinstated after any interruptions and minimize the disruptions

Matters arising from the meeting

As for the concerns raised on water and roads that had not been reinstated to the original form they were asked to fill the grievances form with Mercy Gatonye so that there is a follow up to address in collaboration with the contractor on the ground.



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APPENDICES


A. Community (Areas Affected by the Project) Mobilization Meeting conducted in Theta -

Location , Murera Zone –

Date of Meeting: March 10, 2017 Venue of meeting: Thome Primary School

Nos.

Item

Minutes

ATTENDANCE

No Name Position

1. Alice Kamau Elder – Thome village

2. Ibrahim Kamau Elder – Matangi village



5. Wairimu Maina Sociologist

6. Mercy Gatonye Sociologist

7. Catherine Kamau Sociologist

8. Andrew Gitonga Land Valuer

9. Mutwiri Gitonga Land Valuer

Community list of attendance in appendix

Min 1

10/03/17

Meeting started with a word of prayer from one of the beneficiaries (Mary Mungai) The Elder Mrs Alice Kamau introduced the consultant’s team to the community participants and handed over the meeting program to the same consultants’ team Meetings program was agreed as follows: i) Introductions



iv) Closing prayers

Min 2

10/03/17

Introductions were based on the project implementation activities, a description of the selected site and RAP. The individual consulting representatives of these activities explained the roles they perform in the project. This was as outlined below;

Assisting Engineer – Supervise and liaise with the contractor’s construction works,

he also explained the tertiary lines in the Murera area

Sociologists – conduct the RAP, socioeconomic household survey and in advance

of the construction works, they raise awareness to make sure that the community

and business community make provision for the pipeline. Identify any persons that

are adversely affected and list them

Asset Valuation team –confirm the pipeline and identify those assets that are

affected and follow up on

The Community leaders and the village elders were drawn from Thome and Matangi villages



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Min 3

10/03/17

Huini started the meeting by assuring the participants that the meeting had been arranged in order to introduce and create awareness on the RSNIP. The local administration had also been involved in the meeting arrangement. She continued to give a brief on the RSNIP.

The key information disseminated included: Project proponents (Athi Water Service Board, and funded by the World Bank), project background and rationale; Consultant (ISEP Ltd and Shah Consultants Ltd) and responsibilities; scope of work; project geographical coverage area( Murera, Gitambaya, Membley, Gatong’ora, and Mugutha); project benefits; Project ownership; Study components; Project time frame; and expected community roles and responsibilities. There was emphasis on importance of the project in provision of better hygiene and improved health, economic value; with a selection of households being connected to the sewer lines. An illustration of project coverage was given on a Map of the areas and distribution of the tertiary pipeline; it was explained that the tertiary lines would connect to the already constructed trunk main sewerage system.

Project duration was given as having to run until September 2017.


Affected households and businesses, - these will be listed and appropriate action taken;. Those affected in terms of assets, land or property;- the valuation of assets team will verify and follow up on destructions of assets Observe the Environmental risks and safety; - the participants were asked to ask questions related to risks and safety in the project during plenary and even as the construction works are going on. The environment team will be available to address any issues on this that may arise

Emphasize that compensation will only be for those who are affected by the infrastructure (tertiary pipeline) and this is assessed by the asset valuation team and guided by the related legal frameworks; A socio economic household survey will be conducted and data collected from those in the affected area, it was explained that this exercise requires cooperation of the residents and their participation is expected since it was their project; Further still the participants were informed that the meeting has given them an opportunity for them to air their concerns and observations. They were encouraged to asked questions in the following plenary session;

Min 4

10/03/17

Plenary Session: Participants Questions and Comments Members present were requested to raise and ask all questions then the consultants’ team would respond.

i) A member in attendance asked about a

manhole in the center of the road and

Consultants Response to Questions and Concerns raised were responded to accordingly as follows;

i) Assistant engineer explained that the

beacon at the road is 6m with a 1.5m

way-leave and that the manhole is

located within the way leave which

stretches at 1.5meters on each side of

the road. This he explained is also

referred to as the service line which

accommodates water and electric



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connection fibre cable lines etc.

Concerning the height of the manholes it was explained that it is designed in a way that cars will drive over them and he explained further when the team went to that site area and members had a visual experience.

ii) Question was raised on the size of the

manhole and if it was suitable enough to

be accommodated during connection to

the main trunk sewer line. Furthermore

how did the contractor arrive at this

diameter size of sewer line?

Assistant engineer explained that tertiary sewer size in this case is mainly determined by the main sewer line.

iii) There was concern about ongoing

construction works of the manholes and

excavations in the area due to the expected

rainy season. They suggested that this

should move faster and avoid open

manholes and trenches due to flooding.

It was explained that the excavation is done on a maximum 50 meters completed and backfilled before opening new trenches. Similarly manholes only have to wait for curing (2.3 weeks). They will be marked for visibility.

iv) A member (Mary Mungai) requested the

team for a storm water and waste water

drainage to be connected to the sewer line.

She brought up the challenge of flooding in

the area, siting incidents from the previous

works on the sewerage where the

residents suffered losses in their farms and

properties damaged. The resident

suggested that the storm water can be

drained into the sewerage to avoid homes

and roads in the area.

Assistant Engineer explained that Storm water drainage is built as part of road construction and cannot be integrated into the sewerage due to debris that may damage the pipes. As to the flooding, unfortunately the area is prone to flooding but the team assured the residents that their concerns will be forwarded to the relevant personnel.

Members were made to understand that waste water from bathroom,kitchen sinks and toilets is what was to be channeled to the sewer line.

v) Mary Mungai also asked for the 'Chinese

contractor's contact who was involved in the

main trunk sewer line since her bio-digester

was destroyed and not reinstated. Similarly

another member complained of materials

dumping by the Chinese contractors team

as well and there was no compensation

The team explained that their problems were being noted and will be forwarded to the relevant authorities at the AWSB. It was accepted that Catherine (AWSB sociologist) and Mary Mungai would exchange contact details with those who raised complaints for onward forwarding to the relevant office However it was explained that the projects were separately implemented. And that each had a different implementing team but the project proponent would be provided with their sentiments



APPENDICES


vi) Member (Wachira Muhoro) wanted

more information from the team on why the

tertiaries in place did not cover more ground

in the area.

This was explained to help members to understand that sewerage line is designed technically and there are areas not likely to benefit during this phase but in future phase. However this is a development project based on availability of funds and therefore sewerage development is an ongoing process and specific dates, timeframes cannot be provided at this stage

vii) How much was required in monetary value

for individuals to be connected to the

service.

It was explained that once the infrastructure is completed it would be handed over to the project proponent and then to the RUJWASCO and these institutions will then determine the tariffs and connection charges.

viii) Why the culvert on the road adjacent to

the St. Julia Epitome School was

destroyed and yet it will be a cause of

flooding once the rainy

seasoncommences. Culvert in the area

had been blocked by the tertiary sewer

pipe line, another intercrossing of sewer

pipe and water pipes causing disturbance

on water supply and such a case leads to

water from the line next to St. Julia

Epitome School being stolen by residents.

In the same area the state of the road was

good prior to contractor’s arrival.

The issue of the culvert was left unanswered as it is a pending problem with the neighbors being currently addressed separately. The assistant engineer explained that all the infrastructure will be reinstated to the original form this includes water pipes, roads and culverts

ix) The School Management Chairman of

Thome Primary School said that they had

reinstated their water after the construction

of the Main trunk line, and they were never

compensated. The school had gone up-to

two terms without running water, when

they were forced to use their meager funds

to reinstate the services. They requested

for compensation

AWSB will be contacted to address this concern.

Min 5

10/03/17

Closing address by the local Elder ending with prayers

Matters arising from the meeting After the meeting at Thome Primary School, the team together with some of the affected residents travelled to Line V-01 to view concerns raised by residents. The matters were addressed as follows: As concerns the water reinstatement not being properly done, a grievance form was filed in the name of Jane Thiongo representing the Julia Epitome School. This is being addressed



APPENDICES


by the sociology team in collaboration with the contractor on the ground.



APPENDICES




APPENDICES


B. Community (Areas Affected by the Project) Mobilization Meeting conducted in

Gatong’ora -Sub Location, Gatong’ora Zone –

Date of Meeting: March 12, 2017 Venue of meeting: Chief’s Camp Ground at Gikumuri Location

NOS. Item

Minutes

ATTENDANCE

No Name position

1. Esther Karonji Assistant Chief



4. Andrew Gitonga Land Valuer

5. Mutwiri Gitonga Land Valuer

Community List of attendance is attached

Min 1

12/03/17

Meeting began with word of prayer by Assistant Chief Esther. Esther Wanjiru introduced herself by her position as Assistant Chief in the area, her jurisdiction and welcomed members to introduce themselves. Introduction to the project An overview of the hierarchy of consultation with the local leadership that culminated to organizing the introductory meeting in session for the RSNIP. Further an outline of the Ruiru Network Sewerage Improvement Project (RSNIP), which included a review of the direct involvement of FUNAN as the contractor on the ground; supervision of works done by ISEP Ltd and Shah Consultants Ltd and a breakdown of the departments therein:

Engineering ISEP Ltd and Shah Consultants Ltd

Environment: ISEP Ltd and Shah Consultants Ltd

Social aspects represented by ISEP Ltd and AWSB

Asset Valuation represented ISEP Ltd and Shah Consultants Ltd


Affected households and businesses, - these will be listed and appropriate action taken;. Those affected in terms of assets, land or property;- the valuation of assets team will verify and follow up on destructions of assets Observe the Environmental risks and safety; - the participants were asked to ask questions related to risks and safety in the project during plenary and even as the construction works are going on. The environment team will be available to address any issues on this that may arise

It was clarified that compensation will only be for those who are adversely affected by the infrastructure (tertiary pipeline) and this is assessed and verified by the asset valuation team and guided by the related legal frameworks; A socio economic household survey will be conducted and data collected from those in the affected area, it was explained that this exercise requires cooperation of the residents and their participation is expected since it was the local communities’ project;



APPENDICES


Min 2

12/03/17

Participants Questions and Comments

i) Member (Ndungu) was to liaise with M

Huini on Focus Group Discussion and he

informed the meeting that the bar owners

and businessmen on the Eastern bypass

including through their leaders Mr

‘Kamakis' and Mr 'Gitau' need be informed

about the project.

He (Ndungu) highlighted on the incoming project of the dual carriageway of the Eastern Bypass that would be underway soon and the contractor should be informed of this development since they will be using the same way leave.

He insisted that all business persons in the area should be notified by letter and they better involve them on matters waste as that would streamline many issues.

Responses and comments by the consultant

We complied and a follow up on communicating with the business community leaders will be organized through letters and even through the local leadership

The Sociology team will seek a one on one meeting with the leaders.

ii) Mr. Manje wanted to know the duration of

the project, how it would affect current

septic tank builders as well as the depth of

the line to avoid having a 'white elephant'

project

He requested more information regarding the project costs to understand fully the seriousness of the proponent so that he can be convinced that it is not a political project.

It was explained that the project is designed to have completed implementation by September 2017 and that the project duration was one year.

In addition it was clarified that this is a project by the AWSB funded by World Bank and therefore it is not politically planned or instigated. It’s only being implemented during a time when political overtones are high.

Regarding the design of the project it was explained that he would be linked with the engineering team.

iii) Mr Francis Kimani appreciated that he was

made aware of the project and welcomed

it; however he was concerned about the

probable rate charges for the sewerage

services, he needed to be informed on

how much he would pay for the services.

And therefore there is need for County

Government officials to inform them on this

matter. He requested that the RUJWASCO

representative be present in these

The rates will be determined by RUJWASCO upon completion.

They were informed that although RUJWASCO may not come for the community meetings they attend project site meetings and their concerned will be raised in the monthly site meetings.



APPENDICES


meetings to answer to some of these

concerns. There was speculation that the

County Government would withdraw such

services to some individuals due to land

rate defaults, individuals who would be

bullied to pay high land rates.

Land Ruiru will gain value due to this infrastructure. Currently those with high rise buildings have to use the septic tank and exhausters even up to twice a week. They even have open drainages along the roads particularly drainages from businesses along the Eastern By Pass road. This is quite a high expense so this is project is a relief for land lords.

In addition the projects is expected to improve livelihoods in the area

Min 3

12/03/17

Closing address by the Assistant Chief ending with prayers by Elder/Chairman (Nyumba Kumi)

Min 4

12/03/17

Matters arising from the meeting After the meeting the community members suggested that more meetings in Gatong’ra zone are necessary. They were sympathetic because despite the announcements in churches and even meeting notices posted in the area the turnout was below average. They admitted that meeting attendance is low in the area and Sunday remains the only ideal day for meetings.



APPENDICES




APPENDICES


C. Community (Areas Affected by the Project) Mobilization Meeting conducted in

Gatong’ora -Sub Location, Gatong’ora Zone – (Kwihota and Mutonya Villages)

Date of Meeting: March 26, 2017 Venue of meeting: Mutonya Health Center Grounds

ATTENDANCE

No Name Position

1. Esther Karonji Assistant Chief



4. Amimo Odongo Environmentalist

Community List of attendance is attached

Agenda 1. To inform local people, leaders and other stakeholders about the ongoing project and

its objectives

2. To seek views, concerns and opinions of people in the area concerning implementation

of the project

3. To establish if local people foresee any positive or adverse impacts from

implementation of the project and if so, how they would like the perceived adverse

impacts to be addressed.

4. AOB

Min 1

26/03/17

Introduction This was a community consultative meeting meant to sensitize the local community about the ongoing Ruiru Sewerage Network Improvement Project and how the local community may be affected by project activities. The meeting started at 5.10pm with a word of prayer from a volunteer. The area chief then took the opportunity to welcome everybody to the day’s meeting. She advised community members to be attentive and ask relevant questions in order to understand the issues regarding the project better. She thanked the consulting team for sparing their time to talk to community members and assured the team of her support throughout project implementation period. She then invited the team leader, Madam Huini Kabui to take the meeting through the agenda of the day.

Min 002/

26/3/201

7

Deliberations by the Team Leader Madam Huini thanked community members for finding time out of their busy schedules to attend the day’s meeting. She began by introducing her team and went further to talk briefly about the agenda of the day. Madam Huini told those in attendance that the main objective of the meeting was to inform community members about the proposed project and sensitize them about the same. She further told participant that the ongoing project is a continuation of what had already been started earlier. Phase one of the project involved construction of the main treatment works and trunk sewer network which was done by a Chinese company. She further told Participants that the current phase involves construction of tertiary sewers and household connections with the contractor being Funan Construction and Engineering Company Limited. Madam Huini told participants that the contractor is being supervised by consultants from Shah Technical Consultants pvt India in joint venture with Integrated Science and Engineering Projects Limited. Participants were told that



APPENDICES


implementation of the project had already started in other neighbouring areas including Membley, Gitambaya, Murera and Mugutha and works were about to begin in Gatongora. Participants were told that the role of the consultant was to ensure that project implementation complies with applicable rules and regulations governing implementation of projects of this nature and consultant has in his team various professionals who have technical competence in various fields relevant to the project under construction. Participants were further told that the group of professionals in the consultant’s team includes engineers, surveyors, sociologists, property valuers and environmentalist who are all instrumental in ensuring that the project is implemented as per terms of reference developed by the client. Participants were also told that sociologists team will always go ahead of the contractor for purposes of sensitizing local people and advising them to remove any temporary facility that may be located along the path of proposed sewerage infrastructure. Once construction process is complete, the affected individuals will be allowed to return their facilities where they originally were. Madam Huini then took the opportunity to invite members of her team to address the gathering and also briefly tell participants their roles in the ongoing project. She gave Michael Owen, the project’s Assistant Engineer and Amimo Odongo, project’s environmentalist to address participants

Min 003

/26-03-

2017:

Deliberations by the Assistant Engineer Mr. Owen began by thanking those in attendance for sparing time to come for the meeting. He told them that as an engineer, his role in the project is to basically ensure that technical aspects of the project are not compromised. He told those in attendance that his role involves ensuring that various infrastructures associated with the project including trenching work, backfilling works, pipe laying and manhole castings meets the applicable standards. He further told participants that implementation of sewerage works is not like that of water projects since various activities must be done with a lot of care to avoid future impacts. He informed those in attendance that trenches, for example, must be of the required standards, pipes must be laid properly and manholes once casted must be allowed to cure for a period of seven days. Mr. Owen further informed participants that the area looks stony and excavation works may take a little bit longer and requested local stakeholders to tolerate project implementation team over this period. He requested participants to also ensure that children do not interfere with manhole infrastructure either by removing warning tapes placed around them or throwing objects into the cast manhole chambers. Participants were further told that Gatongora area has two lines, one is located next to the bypass and the other is located next to the stream. Community members present were shown the map of pipeline routing within the area. Those present were told that once the project is completed, a total of 45km shall have been done within the entire project area and not everybody within the area will be connected to the network. Participants were also told that areas were selected on the basis of project design and levels. Some areas may not have requisite levels and will therefore not be covered. Mr. Owen also told participants that settled areas i.e. areas where there are more houses or business premises are given priority. Mr. Owen explained to participants that household connections do not mean that individual houses will be connected but rather that chambers will be constructed where up to about ten household will be connected. He told participants that some people will still use septic systems because of the levels. If one’s house is located at a level that is below the location of the sewer pipeline then it won’t be easy to connect such a person. Those who may not afford the charges will also not be connected. It is however the intention of the client that as many people as possible get



APPENDICES


connected to the network.

Min 004

/26-03-

2017:

Deliberations by the environmentalist Mr. Amimo, the environmentalists thanked participants for attending the day’s meeting. He explained to those in attendance that before construction of the project was allowed to begin, environmental impact assessment was carried out whose objective was to find out the likely environmental impacts associated with implementation of the project and mitigation measures that could ensure that the adverse impacts noted are reduced to manageable levels. The impact assessment report was then submitted to NEMA for approval. The report contained recommendations that the proponent undertook to abide by to ensure that the project sustainably fits into the local environment. Mr. Amimo reminded participants that all development projects normally lead to some impacts but it is how the impacts are managed that make the project to either be sustainable or unsustainable. He told participants that as the project’s environmentalist, his role is to ensure that recommendations that are contained in the environmental impact assessment report are complied with by the contractor. Whenever any noncompliance is noted, corrective actions are immediately recommended for implementation. Some of the issues whose compliance is monitored by the environmentalist include restoration of roads, restoration of water supply and properly covering of trenches and manhole pits/chambers. Other issues monitored include ensuring that spoil resulting from excavation works are disposed of in compliance with existing rules, regulations and laws and safety of workers and local residents throughout project implementation period. This will ensure that project implementation process does not adversely affect the physical and socio-economic environments of the project area.

Min

00526-

03-2017:

Deliberations by the community members After presentation by the consultants, madam Huini invited participants to an open forum to contribute to the agenda of the day by either asking questions or giving comments regarding implementation of the ongoing project. Participants responded as follows.

Min 005/26-03-2017: Response to issues raised by the community members The following answers were given to questions raised by the local people

Mr. Kimani Mr. Kimani thanked consultants for taking them through the project and its infrastructure. He however wanted to know how much it would cost one to get connected to the network. He also wanted to know how local people especially the youth will benefit from the project and whether job opportunities will be available to local youth. Mr. Michael Mr. Michael stressed the need to employ young people from the surrounding area during construction works to empower them economically. He said that only jobs that

Cost of connection to the network Participants were told that the cost of connection is determined by RUJWASCO, the local water and sanitation service provider. The engineer however told participants that he will find out about the issue on their behalf during site meeting, which is normally attended by representatives from RUJWASCO. He also advised participants that they could also find out about the same whenever they go to settle their water bills. Whether local people will benefit from employment opportunities



APPENDICES


require technical skills which may not be possessed by local people should be given to people from outside the project area.

With regard to employment opportunities, participants were told that the contractor normally recruit casuals from within the project areas and the same will apply to Gatongora area. This will be highlighted to the contractor during technical meetings.

Mr. Maina Mr. Maina felt that construction process for the project should have been organised in such a way that one area is targeted for complete implementation of the project before moving to the next area. According to him, this would make it possible to ensure that every property within a particular area is connected to the network. He also wanted the consultant to tell them the exact number of households that will be connected to the system within Gatongora area.

Restriction of project implementation to one area at a time Participants were told that it would not be a good idea to implement the project in one area only and leave the rest as that would amount to discrimination. They were also reminded that connection to the network will be decided by individual residents and it will not make any economic sense to restrict the project to one area. Number of households to be covered in Gatongora Participants were told that the total length of pipeline in Gatongora is 10.32 out of the 45 kilometres to be done within the entire project area. They were further told that it may not be easy to know the exact number of people to be connected within the area since some people will be connected through household connection chambers while others will be connected directly to the manholes

Zachary Mutie Mr. Mutie indicated that there is a big manhole that was left uncovered during the first phase of the project when the trunk sewer system was done. The manhole is located towards the treatment works and remains open to date. He fears that this could pose safety risks to local people and especially children.

Construction works on the Trunk Sewer System It was explained that this information will be handed over to the AWSB for follow up.

Peter Gateru Mr. Gateru indicated that expectations from the local people are high and they should be told whether they will all be connected to the system. He also indicated that from past experience, individuals have been dumping black cotton soils on way leaves left for projects and wanted to know measures that will be put in place to ensure that such a situation does not arise in this project. He also wanted to know whether there will be

Deposition of black cotton soil on way leaves Participants were told that the project has been designed in such a way that pipelines will be laid along existing roads and storm water drainage channels. It was not the intention of project designers that way leaves be acquired for purposes of the project. In a situation where a way leave may be acquired, community members were told to be in the forefront of protecting their



APPENDICES


any compensations should anybody fall into open manhole pits and get injured.

neighborhood and report any illegal spoil dumpers to the authority through the local administration.

Maina Mr. Maina advised consultants to tell participants whether project implementation will be carried out in phases and whether this was phase one of the project and other phases were to follow later. He also felt that water for curing the casted manholes may stretch water availability in local rivers for competing uses.

The consultant indicated that this stage was designed to cover 45 Kms which cannot cover Ruiru as a whole. Therefore there will be another phase and it is not possible to give the specific targeted period of starting the second phase. Water for curing the casted manhole is being arranged by the contractor at his site office and therefore should not interfere with water availability in Mutonya.

Zachary Mutie Mr. Mutie indicated that an access road was being constructed within the area and wanted to know the agency responsible for construction of the Road i.e. whether it was being done by the national government, county government or a donor agency and also wanted to know the standards being complied with as far as the road construction is concerned.

Construction of the access road The consultant indicated to participants that the scope of their consultancy was restricted to construction of tertiary sewers and could therefore not have information regarding construction of the road project. Elder John Ng’ang’a who happens to be a participant in the project however told the meeting that the road is being done by a Chinese Firm as Corporate Social Responsibility (CSR) initiative and will be graded with stones and quarry dust. He told participants that the supervising consultant in the project is Gibb Africa.

Min 006/26-03-2017: Concluding Remarks Madam Huini thanked participants for sitting through the meeting and contributing positively to the agenda of the day. She requested that all stakeholders including the local community work together to make the project succeed. The chief also thanked those in attendance and encouraged them to always consult should there be need. There being no any other business, the meeting ended at 18.21hrs with a word of prayer from one of the community members.



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D. Community (Areas Affected by the Project) Mobilization Meeting conducted in Ruiru -

Sub County Central Business District Zone Date of Meeting: March 28, 2017

Venue of meeting: Ass. Chief office opposite the AP houses

Min 01

/28/3/17

Meeting started with a word of prayer from one of Elder David Kamau, who then introduced the consultant’s team to the community participants and handed over the meeting program to the same consultants’ team. Meetings program was agreed as follows: i) Introductions



iv) Closing prayers

Min 02

/28/3/17

Introduction to the project

An overview of the hierarchy of consultation that resulted to the meeting in session.

An outline of the Ruiri-Juja Sewerage Improvement Project, which included a review of the direct involvement of FUNAN as the contractor on the ground; supervision of works done by ISEP and a breakdown of the departments therein:

Engineering represented by Eng. Owen Michael

Environmental represented by Amimo Odongo

Sociologist represented by Huini, Kabui, Wairimu Maina (ISEP) and Mercy and Catherine (AWSB)

Valuation represented by Mureithi and Mutuiri.

Min 002

/28/3/17

Further explanation of the works to be done including:

The sub-mains to be done and the reminder that the social team shall come ahead of works to meet with the residents.

The introduction of household connection chambers to be placed within a foot of the main manhole. “These chambers will be at the side of the manhole to service at least 8-10 plots” (Owen, Ass. Engineer).

Reiteration that there will be no direct connection to the main manhole allowed, and that all connections to the lines should go through the local water and sanitation provider RUJWASCO. An outline of the areas to be serviced was also mentioned i.e. Mugutha, Gatongora, Eastern Bypass, Thome-Theta, CBD, Muhute, and Matangi. Finally, the main concern of resettlement of infrastructure and livelihoods due to excavation works was raised. The need to address safety measures within neighborhoods was also highlighted, in particular as it concerns: 1) family life; 2) business; 3) road works; 4) health benefits due to proper sanitation; and 5) increase in land value.



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Min 003

/28/17

Open discussion with residents with responses from the team Resident from Railway village Reinstatement by the previous trunk line done under a China Co. did not reinstate culverts and road access in the area. During implementation contractor did not provide a person with whom the residents could engage as regards reinstatement of infrastructure.

This matter to be raised with the AWSB since the Trunk Sewer Contractor is not on the ground.

Resident from White House area There was also a lot of rubbish left over from the excavation of the manholes which was left on the side of the road and is a hazard especially for the children in the area.

Contractor to clean the environment and remove the heaps of earth

Mureithi from Fort Jesus

Gitambaya reinstatement not done properly,

which raised the issue of safety due to open

manholes. The water reinstatement was

also not done well.

Some of the manholes e.g. near Spinners and Spinners are in the middle of the road. Some areas in Fort Jesus have not been allocated lines. Some areas in Fort Jesus have not been allocated lines.

The manholes on the road: the position was reassessed before placement to ensure that the way- leave was there. But upon coming on site it was found that the way-leave had been encroached by residents.

Design and implementation of works was

sensitized by a lady engineer, but the

contractor was not cooperative during

implementation, resulting from challenges

that carried over from the previous trunk

line.

Mburu FortJesus

The sewerage line seems to run from the

flyover near Membley, to the police post, but

the area seems to have been excluded.

Why?

Assistant Engineer The current line is meant to be 45km upon completion and thus has not covered all areas in Ruiru and Juja sub-counties. The intended Household Connections will be implemented to service some of these adjacent areas. The area mentioned is next to the railway line, and approvals are needed before works can progress.



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Pastor Wambiru

Reinstatement was meant to be done in

conjunction with the village elders but that

procedure has yet to be effected. As a

result, there is raw sewerage being directed

on open channels which is a health hazard.

Elisabeth Karanja CBD

Manholes from the ACK church are open;

and the toilet sludge from a neighboring

residence is seeping into the area around

the manhole. There’s also murram being

stolen from Gitothua by the residents.

Casting of manholes in the area is ongoing. Environmentalist Complaints for the same said manhole have been raised before, and the suggestion is that the manhole should be covered to remove this challenge.

Mwaura – from Watalaam area

RUJWASCO water pipes are passing inside

the manhole area which is full of sludge.

At White house the manhole of the main

trunk line was back-filled with black cotton.

Assistant Engineer RUJWASCO representatives to get a report from the meeting to appraise them of the difficulties facing the residents.

Thiongo [Hilton resident]

Question why the Ruiru-Point was left out,

and if it will be part of another upcoming

phase.

Pastor Wambiru

That is only fair not only to complain about

the works, but compliment the government

on the works that are ongoing. The

introduction of public sewerage systems in

the area means improved health for the

residents and an increase in the land value.

When is the project intended to be fully

functional?

The project was projected to terminate in September 2017, but may be protracted due to challenges in ground geology and weather conditions.

Min 004

/28/3/17

Closing remarks and prayers Huini Kabui The process used is an inclusive approach that will improve implementation of procedures through participatory methods. All concerns may be forwarded to the relevant consultant, who will address the issue (at this point cell numbers were given to the residents) David Kamau [Elder]



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Gave a closing commentary and announced a site survey to be done after the meeting is adjoined.



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APPENDICES


Summary of Emerging Issues and Comments by Communities during the meetings

i) Clarification on why the tertiaries did not exist in some areas especially in densely

populated areas like Fort Jesus;

ii) Requested for locals to gain from the project through employment and business to

transport materials;

iii) There was contentment upon learning that the roads will be reinstated to the original

state before the project;

iv) They complained about the inconvenience due to blocked road when the contractor

excavated;

v) Concerned about a manhole that is already constructed in the center of the road and yet

there is way leave;

vi) Raised issues on the size of the manhole and doubted that it was suitable enough to

connect to main trunk line and how they decided on this size of pipes;

vii) There was concern about ongoing slow construction works of the manholes and

excavations in the area due to the expected rainy season. They suggested that this

should move faster to avoid open manholes and trenches due to high risks of flooding.

viii) They requested for construction of storm water and waste water drainage connection;

ix) The 'Chinese contractor's involved in the main trunk sewer line destroyed a bio-digester

of a member and another member complained of dumping by the Chinese contractors

team as well;

x) How much was required in monetary value to be connected to the service. Concerned

about the probable rate charges for the sewerage services;

xi) With the project the land rates will be raised and the County Government is definitely

going to take advantage. There was speculation that the County Government would

withdraw such services to some individuals due to rate defaults;.

xii) Others agreed that the land will gain value due to this infrastructure and developers will

construct high rise buildings with the assurance of managing waste using the sewer line.

Currently those with high rise buildings have to extract sewer using the exhausters even

up to twice a week;

xiii) The culvert on the road adjacent to the St. Julia Epitome School was destroyed and will

soon be a cause for flooding once the rains start. Another culvert in the area had been

blocked by the tertiary sewer pipe line, there is also another intercrossing of sewer pipe

over water pipes that are causing obstruction on water supply and consequently water

from the line next to St. Julia Epitome School is drawn as non-revenue water by

residents. In addition the state of the road was good prior to contractor’s arrival and this

should be reinstated to original state;

xiv) Thome Primary School had reinstated their water after the construction of the main

trunk line, and they were not compensated. The school had gone up-to two terms

without running water, when they were forced to use their meager funds to reinstate the

services, they requested for a refund;

xv) They highlighted on the upcoming project of the dual carriageway of the Eastern Bypass

that will be underway soon and the contractor should be informed of this development

since they will be using the same way leave;



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Most of these issues have been reported to the contractor through the RE and they are being

addressed. Those raised regarding the Main trunk sewer have been forwarded to the client

(AWSB).



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APPENDIX II: Socio-Economic Survey Questionnaires



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APPENDICES


APPENDIX III: Sample Grievance Forms

1. REGISTRATION FORM FOR PROJECT AFFECTED PERSONS

1.0 General Information

Full Names of Respondent Phone Number(s) of Respondent

I.D. Number of Respondent

Full Names of Interviewer

Phone Number(s) of Interviewer

Date of Interview (dd/mm/yyyy)

2.0 Physical location of the parcel of land affected by the Project

Name of County

Name of Constituency

Name of Administrative District

Name of Administrative Division

Name of Administrative Location

Name of Administrative Sub-Location

Name of Settlement (where applicable)

3.0 Category of Project Affected Person on this parcel of land

Property owner Residential tenant Business Tenant

Encroacher (using the land)

4.0 Nationality of the Project Affected Person

Kenyan Other (specify)

5.0 Full names, identification and contact details of the Project Affected Person

Full Names

I.D. Number Phone Number(s)

Personal Identification Number (PIN)

Postal Address

Bank Name and Branch

Account No

6.0 Details of Structures on the Parcel of Land Targeted by the Project towards Effective Implementation of the Project

Element – Type of Structure on the parcel of land affected by the Project

Classification of structure: 1. Temporary 2. Semi-permanent 3. Permanent

Description of type of construction/building material used to make the structure (STATE FOR WALL, ROOF AND FLOOR)

1. Iron Sheets 2. Grass/reeds 3. Mud/Earth/Clay 4. Wood 5. Tiles 6. Concrete/Stone 7. Cement 8. Other (specify)

Owner’s reservation price for the identified structure (Kshs.)

WALL ROOF FLOOR OTHER

1.

2.

3.

4.

5.

6.



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TOTALS OF OWNER’S RESERVATION PRICE (KSH.)

7.0 Details of Plants on the Parcel of Land Targeted by the Project towards Effective Implementation of the Project

Type of perennial crops on the parcel of land targeted by the Project towards effective implementation of the Project

Age (in years) Number Owner’s reservation price (Kshs)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.)

8.0 Details of the other trees grown on this parcel of land

Type of other trees growing on the parcel of land targeted by the Project towards effective implementation of the Project

Age (in years) Number Owner’s reservation price (Kshs)

1

2

3

4

5

6

7

8

9


9.0 Are annual crops (e.g. maize etc) grown on the parcel of land

Type of annual crops grown on the parcel of land targeted by the Project towards effective implementation of the Project

Size of land under the crop (acres)

Estimated yield of the crop per acre

Owner’s reservation price (Kshs)

1.

2.

3.

4.

5.

6.

7.

8.

9.


10.0 Details of Other Assets on the Parcel of Land Targeted by the Project

Type of asset on the parcel of land affected by the Project

Description Owner’s reservation price (Kshs)

1.

2.

3.

4.

5.



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6.

7.

8.

9.




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2. GRIEVANCE FORM FOR REDRESS ON REINSTATEMENT OF INFRASTRUCTURE

1.0 RESIDENT SECTION

1.1 PAP Reference Number

1.2 GPS Coordinates

1.3 Full Names

1.4 ID. Number

1.5 Telephone Contacts

1.6 Area

1.7 System (Chainage)

1.8 Date of Interruption

1.9 Description of infrastructure interrupted

Resident’s approval of the section……………………………………………………………………………. (Signature)

2.0 TECHNICAL SECTION

2.1 Log date and reference of interruption (official)

2.2 Supervisor on ground

2.3 Engineer’s Note (Funan) (Description of infrastructure interrupted)

2.4 Engineer’s Notes (ISEP) Description of infrastructure interrupted

2.5 Duration of interruption ( in days)

Technical Team approval of above information……………………………………………………………………. (Signature)



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3.0 SOCIAL SECTION

3.1 Representative on site (official)

3.2 Reference of resident on PAP form (if available)

3.3 Reinstatement procedure chosen

3.4 Redress for compensation (if necessary)

Valuation representative chosen

Referral date

Resident’s approval of reinstatement done……………………………………………………………………………… Signature

3.5 Description of reinstatement and process for implementation

Social Representative’s approval of above information………………………………………………………………. Signature



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3. SAMPLE EXCEL COMPLAINT LOG

No. Issue Title Priority

Receipt Date

Originator's Name

Assigned To

Response Date Status Resolution Closing Date



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APPENDIX IV: Sample Terms of Reference for External Monitoring Consultant

TERMS OF REFERENCE FOR CONSULTANCY SERVICES FOR AN EXTERNAL MONITORING CONSULTANT FOR THE RAP

1.0 Background and Context The Ruiru Sewerage Network Improvement Project (RSNIP) is funded jointly by the Government of Kenya (GoK) and the World Bank (WB). The project aims at improving the sanitation facilities in Ruiru Municipality and more specifically providing the tertiary sewerage collection system and service connections in parts of Ruiru town that lacks sewerage system. The project, once complete will develop and implement solutions that enable sustainable management of wastewater generated, improve public health, conserve environment and improve overall quality of life in the project area. Currently, Ruiru Town has limited sewer coverage of about 5%, which includes limited sewer lines that empty into septic tanks, use of pit latrines and a small part of the population lacks any form of toilet facilities. The water table is also high leading to high costs of construction of septic tank pits and pit latrines with frequent exhausting of the effluent. The common practice is to exhaust septic tanks and pit latrines by way of exhaust vehicles that empty the effluent into the existing Thika Sewerage Treatment Works, about 25 km away. Furthermore the system is under extreme pressure due to the population increase, development and growth over the years. Ruiru Sub-county is a rapidly growing urban centre in Kenya. To address the above mentioned issues, Athi Water Services Board engaged a contractor to construct a wastewater collection system comprising tertiary sewers of approximately 45km in length with 4000 household connections. The proposed tertiary sewers and household connections are to cover the areas with no lateral sewers in order to operationalise the system once the main works are substantially complete. The areas under consideration include Membley, Gitambaya, Ruiru town, sections of Mugutha, Murera, Gatongora areas. Activities associated with project construction include site inspections, site clearance, surface levelling, top soil removal and demolition works. Other activities include excavation and backfilling works, disposal of surplus demolition and excavated materials, compaction, surface reinstatements and restorations and restoration of burrow areas, spoil tips and quarries. Some of the project components were noted to have the potential to lead to environmental and social/resettlement impacts. These include site clearance, top soil removal, disposal of excavated materials, excavation and demolition works. The impacts were categorised into project affected persons with land, crops and trees, and project affected persons with businesses. Majority of the PAPs were in the category of PAPs with business enterprises. The losses to be incurred by PAPs in this category include loss of business and income opportunities for up to three days, reconstructions costs and loss of sales through business closure of up to three days. Compensation framework for the losses was included in the RAP report and this evaluation is aimed at finding out whether resettlement and compensation process has been carried out appropriately.



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2.0 Evaluation Purpose and Target To ascertain quality and objectivity in the resettlement process, AWSB would like to engage an external expert to conduct a comprehensive evaluation of the implementation of compensation activities and milestones achieved. The evaluation will focus on the assessment of compliance with social commitments contained in Kenyan legislation, in the World Bank Principles, in the Resettlement Action Plan, in the ESIA and its attached action plans and in the Social Management Plan.

3.0 Evaluation Objective and scope

The objective of the monitoring and evaluation include to: (ix) Review the results of the internal monitoring and review overall compliance with the study

recommendations (x) Assess whether compensation process objectives have been met, especially with regard to

signing of agreements and management of grievances (xi) Assess general efficiency of the process and formulate lessons for future guidance (xii) Assess overall compliance with the RAP and other social commitments made in the

Environmental and Social documentation (xiii) Verify that measures to restore or enhance Project-Affected Peoples’ quality of life and

livelihood are being implemented and to assess their effectiveness, (xiv) Assess the extent to which the quality of life and livelihoods of affected communities are

being restored in an appropriate manner.

4.0 Evaluation Questions and Tasks

The following questions will guide evaluation process

(i) What change can be observed in relation to the objectives of the intervention? (ii) To what extent can observed changes be attributed to the intervention? (iii) Are there unintended impacts? (iv) What mechanisms delivered the impact? What are key contextual features for these

mechanisms? The tasks to be carried out by the external evaluator include the following: 1. Evaluate the Compensation payments and benefits: Verify internal reports by field-checking delivery of compensation to PAPs/intended recipients, check how long it took to make payments and values of payments provision of employment to locals, road repair and reinstatement or replacement of infrastructure; relocation /compensation of enterprises and adequacy of the compensation; are the payments paid on time 2. Evaluate the Impact of RAP process on PAPs In the impact evaluation of the project to the community and PAPs surveys will be conducted by the evaluation team and establish the socioeconomic conditions such as Water and sanitation, health, housing conditions, incomes status etc. in the project area. This information will be benchmarked with the baseline socioeconomic household survey information conducted as part of the project implementation activities.



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3. Assess compliance to Legislation, guidelines and safeguards To ensure there is compliance to Kenyan guidelines, laws and regulations and international best practices including the World Bank’s safeguards in RAP implementation 4. Evaluating the monitoring of complaints process To find out how the grievances were reported registered and addressed. Monthly reports on including analysis of the type of complaints, levels of complaints, actions to reduce complaints and make recommendation on how to improve efficiency in the entire grievance redress machinery 5. Indicate lessons learnt; Detail the lessons learnt to share with the project management /AWSB regarding possible improvements in the project implementation of the project and RAP. 5.0 Approach and Methodology The monitoring and evaluation (M&E) will be to identify and select a set of appropriate monitoring aspects and indicators and gathering information on them to assess their changes and variations. Participation of stakeholders especially the affected persons, women and vulnerable groups will be ensured in the M&E process. Monitoring tools will include both quantitative and qualitative methods as follows: (vii) Sample household survey: A baseline household survey of representative sample

disaggregated by gender and vulnerability to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability

(viii) Focused Group discussions (FDG): Consult with a range of stakeholder groups (local government, compensation unit, NGOs, community leaders and PAPs including women and vulnerable groups

(ix) Key informant interviews: Consult with individuals like local leaders, village workers, or persons with special knowledge or experience about relocation activities and implementation

(x) Community Public meetings: Open public meetings at project sites to elicit information about performance of various project activities

(xi) Structured direct observations: Field observations on the status of RAP report implementation plus individual or group interviews for cross checking purposes

(xii) Informal surveys/interviews: Informal surveys of PAPS, project staff and implementing agency personnel using non-sampled methods

From the monitoring and evaluation process, the experts will prepare status reports to be forwarded to the RAPIC for further action 6.0 Timing and deliverables The assignment will be full time for a period of 1 year. No extension is envisaged in this assignment. (i) An inception report containing detailed description of the methodology to answer the

evaluation questions as well as the proposed source of information and data collection procedure. The inception report shall also indicate the detailed schedule for the tasks to be



APPENDICES


undertaken (work plan), the activities to be undertaken and the deliverables. The role and responsibilities of each member of the evaluation team shall be stated as well.

(ii) A draft evaluation report, to be discussed among the relevant stakeholders in order to provide comments;

(iii) Final evaluation report. The report shall include the following contents:

Executive summary

Intervention description

Evaluation purpose

Evaluation methodology

Findings

Conclusions (answers to the Evaluation Questions)

Recommendations

Annexes (list of people interviewed, key documents consulted, data collection instruments)

7.0 Evaluation Team Composition and required competencies The monitoring and evaluation expert shall possess the following competencies 7.1 Education Bachelors Degree (Masters added advantage) in Social Studies, Development Studies, Project Planning and Management, monitoring and evaluation or other relevant degrees 7.2 Work Experience: At least 7 years’ experience including but not limited to the following areas:

Developing and / or implementing systems and processes for monitoring and evaluating government capacity in areas relevant to the Program (PFM, HRM, M&E, public participation and / or project implementation)

Undertaking a knowledge management function for a large program, project or department

Demonstrated and relevant project or program M&E experience, including design of M&E systems, project monitoring and reporting. Designed and / or implemented a capacity building program to build the capacity of civil servants in planning and M&E

Designed and / or implemented a program for measuring the effectiveness of capacity building activities. Desired skills include experience with implementation of assessment frameworks and national (or sub-national) M&E systems.

Previous experience in designing a monitoring and evaluation system for GOK/Donor funded programme, preferably experiences from previous World Bank supported Programs.

7.3 Competencies:

Ability to work under minimal supervision.

Must be result oriented team player

Excellent analytical skills

Extensive experience in M&E formats systems and processes.

Fluent in English and Kiswahili.

Computer literate, in Word, Excel and Power Point.



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The candidate should submit two work samples of previous similar assignments undertaken when responding to the ToR. 7.4 Evaluation criteria The following criteria will be used in evaluating the candidate: Item Weight Points

1. Qualifications 20%

a) Bachelors Degree in Relevant Field 10

b) Post Graduate Diploma 5

c) Masters 3

d) PhD 2

Tasks 20%

a) Institutional leadership 10

b) Supervisory leadership 5

c) Teamwork in tasks including donor partners 5

2. Relevant Experience 500%

a) 7 years continuous experience in monitoring and evaluation 15

b) Monitoring and evaluation experience 10

c) Project Management 8

d) Knowledge of institutional strengths in M & E 7

e) World Bank experience 5

f) Experience in public sector 5

3. Competencies 10%

a) Written English 5

b) Computer proficiency in standard computer applications 3

c) Interpersonal skills 2

Grand Total 100

8.0 Management Arrangements The Expert will be based at Athi Water Services Board offices and will work under the direct supervision of the Project Engineer. The Consultant will also work in liaison with other members of the project Athi Water Services Board Resettlement Unit (ARU). The Consultant will be expected to travel regularly within the project area to collect data for the assignment. The consultant shall be responsible for ensuring his/her availability at all times, in accordance with the contract and supporting ToR. This is a full-time assignment. The Client will provide the consultant free of charge with access to all available data, information and internal documents relevant to the consulting services including but not limited to Resettlement Action Plan (RAP) report, Environmental and Social Impact Assessment (ESIA) report and construction phase Environmental Management Plan (EMP). The consultant will undertake to keep secure all documents transferred by the Client. Access to the key officials of the Government, County, Municipal t and Ward authorities and community organizations concerned with subjects related to the assignment will be arranged free of charge by the Client. 9.0 Budget and Payment The consultant will be paid his/her consultancy fee as per the agreed contract. The consultant should however indicate detailed outline of financial resources required for complete execution of the assignment including consultant fees, travels, allowance, etc. should be outlined. The consultant should break down the costs as per proposed activities i.e. data collection, report



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preparation, fieldwork, etc. The payment will be linked to the approval of the deliverables including inception report, draft evaluation report and final evaluation report as summarised in the Table below

No Deliverable Percentage Payable

1 Inception Report 30%

2 Draft Evaluation Report 50%

3 Final evaluation Report 20%

Grand Total 100%