resettlement plan (rap) - world bank · pdf filethe objective of ths resettlement action plan...

I<cnya Power & Lighting Company litmted

RESETTLEMENT A(3TION PLAN (RAP)

Draft Final Report I

LOG ASSOCIATES

Log Assoaates Nicholson Court, Nicholson Drive Off Ngong Rd. Near Nairobi Baptist Church P.O. Box 10677-00100 NAIROBI Tel.: +254(02)2712156 Fax: +254(02)2017254 CeU Phone 0720750628 E-mail: [email protected] Website: w w . bgm~on'ate~.com

January 2008

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EXECUTIVE SUMMARY

1. Purpose Given the magmtude of the predcted resettlement impact, on particular project sites, a Resettlement Action Plan (RAP) for the various project sites to be implemented by IWLC under the ESW is required. This RAP has been commissioned by IWLC and complies with the World Bank Standards.

2. Project Background The Energy Sector Recovery Project has identified priority areas for reinforcement and upgrade of the distribution systems and these are spread countrywide. These activities are expected to have a widespread positive impact on overall socio-economic status and livelihoods of the electrified users and project- affected people (PAPs). The project may have some negative effects especially to those who may be dsplaced from the right of way either through land acquisition or removal of those who have developed on the road reserve. A resettlement Action Plan is therefore required to gwde the process. In line with the World Bank OP 4.12.

3. Objectives The objective of ths Resettlement Action Plan (RAP) is to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, includng rehabfitation/ resettlement operations in order to ensure that project affected persons (PAPs) d not be impoverished by the adverse social impacts of the project.

4. Scope of Work In an overview, the project area covered includes approximately 65 km of power line construction from Nairobi North Substation within Nairobi Area. This wdl involve the following h e routes:

Nairobi North - Limuru Road - Ndenderu Junction Ndenderu Junction to Lower Karura Market Lower Karura Market to Wangige Market Wangige Market through Lower IGibete road junction towards Westlands

The project also includes work on several existing substations and new substation situated on IQLC land in Nairobi, Western, Mount Kenya and Coastal Regons. No evictions or destruction is envisaged withn all existing KPLC substations and Land (purchased or leased), that wdl not involve power h e construction. However, demolitions will be experienced on the power h e wayleaves since it is dangerous for people to live and/or operate businesses near the 66 kV power h e s . Ths wdl cause losses both at f a d y and commercial establishments resulting into compensation and entitlements of PAPs.

Given the magmtude of the predicted resettlement impact, on particular project sites, this Resettlement Action Plan (RAP) has been designed to include a participatory approach between PAPs and ISPLC. The RAP will provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, including rehabihtation/ resettlement operations in order to ensure that project affected persons (PAPS) d not be impoverished by the adverse social impacts of the project. This shall follow the legal framework in Kenya and in accordance with The World Bank Practices. In order to enable generation of the desired output, issues such as cut-off dates, grievance redress mechanisms, compensation and entitlements must be adhered to at the implementation stage. Case to case valuation by quahfied valuers and transparency in negotiation of costs by I(RU will lead to fewer grievances. Ths will also ease and expedte monitoring and evaluation of performance of RAP by IGW. In the event that I(RU has h i t e d personnel, other KPLC and/ or government departments may be called upon to assist.

Energy Sector Recovew Project-Resettlement Action Plan

5. Legal Framework There are several statutes that handle the issue of land, development of electric infrastructure and valuation of assets for the purpose of compensation. Those that deal cluectlty with land are: Government Lands Act Cap 280, Land Titles Act Cap 282, Regstration of Titles Act Cap 281, Land (Group Representatives) Act Cap 287, Trust Land Act Cap 291, Regis'tered Land Act Cap 300, Land control Act 302, Agriculture Act 318, the valuation practice in Kenya is governed by the Valuers Act cap 532. Other statutes that govern valuation are the $overnment lands act cap 280 that regulates thc valuation for land rent wMe valuation for rating bs governed by the rating act cap 267. Land acquisition act cap 295 governs valuations for kompulsory acquisition purposes. Development of electric infrastructure is governed by Electric pnergy Act, 2006. Environmental Management Co-Ordmation Act, 1999 also addresses environnhental issues related to land.

6. Cut-Off Dates The cut-off date for determining the beneficiaries of the resettlement plan i s set as 27" November, 2007 whch is the first date of field study for the RAP. I

I

7. Grievance Redress Mechanisms Grievances d be dealt with as per the figure 1.

declares a grievance

KPLC hears grievance and rules. PAPS committee has 2 weeks from submission to respond I---

resolved

resolved

INational Environment Tribunal, 1 Public complaint Committee,etc I

Figure 1: Grievance Redress Procedure

Energy Seclor Recovery Project-Resettlement Action Plan

8. Demolition of Ptoperties Some private property d be demolished in some projects sites, these d mainly be in Nairobi region especially along the power lines from Nairobi North substation, that will involve construction of approximately 65 krn of line. Among the ESRP Project Sites that do not Involve Power Line Construction, it is only at the coast regon some will have demolition of structures to clear the access road to the Lkoni substation d take place

9. Compensation Compensation and entitlements will be triggered by particular and specific impacts resulting from the project. Using a holistic approach, these general impacts emanating from the project would include losses both at family and commercial establishments. All project affected people will be compensated/resettled.

10. Entitlement Matrix The right to benefits will only be granted to PAPs whose assets will be demolished and those who d have to move their assets to a hfferent location. For instance PAPs who operate businesses in moveable containers d l be compensated the cost of transport for relocation.

11. Implementation The implementation of the resettlement action plan anticipated in ths document is of primary concern to IQLC. Two bodies d be responsible for k s namely:

1. PAP RAP Committee whch will act as a voice of those affected by the resettlement and,

2. KPLC resettlement unit @(RU) that d provide financial, managerial and technical expertise into the resettlement process.

The structure of the I(RU shall include the following: Environmental Manager (Associate Environmental Expert regstered by NEMA), Compensation and Resettlement Officer, Community haison Officer, Database Officer and Field Survey Staff as a minimum.

12. Costs and Budget

Energy Sector Recoveiy Project-Resettlement Action Plan

These costs exclude transportation and payments to experts or facilitators.

Table 1: Approximate Resettlement Cost

1 Kiosks

1 1tem

Stalls 21 6(I,OOO

Residential 11 1

Quantity 1 Approximate Value (Ksh.)

-

1 Trees

13. Monitoring And Evaluation I

Progress and performance of the RAP d be evaluated before, during, and after implementation. In a summary, the monitoring and evaluation indicators will incluge:

Income statistics and I

Entitlement Lsting. A. Responsible agency B. Methodology C. Data Collection

I

D . Interpretation of Data 1

E. Monitoring and Evaluation of Reports

Field Crops

14. Recommendations I

KPLC should be keen in ensuring adequate and commensurate compensation to the project affected people in accordance with the spirit of improving or at least restoring the economic base of those relocated. This is in line with the World Bank Group resettlement policy whch recognizes that continued possession of public lands without government action! for eviction is a valid basis to compensation for loss of assets and requires resettlement assistaace.

There are a series of avenues set up to deal with dispute resolution include hegotiations,

150

rnedation and arbitration. Litigation should be avoided as much as possible sincq itis lengthy and time wasting. ICenya's Dispute Resolution Centre (DRC) is an independent, dot-for-profit organisation that promotes the prompt, effective and economic resolution of dsputcs through arbitration, predominantly mediation, expert determination and qarly neutral evaluation. l k s is a resource that could be called upon by the stakeholders to arbitrate. They would be of particular use should disputes around the compensation and resettle+ent process

6p,000

Approximate Total Resettlement Cost

arise. I

2,420,440

Kenya Power and Lghting has standard compensation rates that has been hardonised using compensation rates from various government ministries such as Ministry of Enp-onment & Natural Resources and Ministry of Agriculture. The consultant recommends thit these rates be adopted for purposes of compensating trees, crops and vegetation in gene~al, since the compensation rates are uniform and higher than those of various Governmeht Ministries. However other assets that are not vegetative will require an independent valdation before resettlement.

Compensation to PAPS should be made before demolition commences. T h s d l be done at either the IQLC offices or at the local chiefs office, whichever wdl be appropriate after approval. After compensation, a minimum of one month notice should be ; p e n to the

Energy Sector Recoveiy Project-Resettlement Action PIan

affected people before the demolition exercise commences, so as to allow relocation and salvage of necessary asset by PAPs.

The RAP d l be implemented by the Kenya Power & Lighting Co. Limited. To encourage transparency and in order to get a monitor with the necessary expertise, it is recommended that the monitoring programme be put out to tender. Suitable and qualified experts could be asked to tender for the position of resettlement monitors

To minimize the negative economic impact of improvement activities on establishments, it is recommended that the PAPs be allowed to set up staLls/kiosks a few metres away from the project site such as at Nairobi North that involves power h e construction of approximately 65 krn or they should be encouraged to resettle in the same place after the project exercise; For instance in U o n i area where demolition will be done to create passage for truck delivering a transformer to Lkoni substation. This would yield a more satisfying outcome for operators of these establishments hence constituting a socially and economically optimal outcome.

Energy Sector Recovely Project-Resettlement Action Plan

TABLE OF CONTENTS

................................................................................................................................ EXECUTIVE SUMMARY i ................................................................................................................................. 1.0 INTRODUCTION 1

........................................................................................................................... 1.1 Project Background 1 .......................................................................................................................................... 1.2 Objectives 1

................................................................................................................................... 1.3 Scopeofwork 2 1.4 Guiding Principles ............................................................................................................................. 2 1.5 Methodology ................................................................................................................... ; ................. 4

................ ........................ 2.0 LEGAL FRAMEWORK AND GRIEVANCE REDRESS PROCEDURE 1. 5 2.1 Relevant Acts Related to Land ................................................................................................... 5

2.1.1 Land Legal Issues ................................................................................................................... 5 .................. 2.2 Valuation and Related Legal Issues ............................................................................. 6

2.2.1 Summary of Valuation Process Relevant to ESRP RAP ............................................................ 6 ................................................................................. 2.3 Dispute Resolution and Arbitration of Disputes 8

.................. 2.4 Grievance Redress Mechanisms ..................................................................................... 9 .......................................... 3.0 EARMARKED ESRP PROJECT AREAS Error! Bookmark not defined.

3.1 Nairobi Area .................................................................................... Error! ~ookmark; not defined. 3.1.1 Nairobi North - Limuru Road - Ndenderu Junction ................. Error! Bookrnarlql not defined. 3.1.2 Ndenderu Junction to Lower Karura Market ............................ Error! Bookmarq not defined. 3.1.3 Lower Karura Market to Wangige Market ............................... Error! Bookmark/ not defined. 3.1.4 Wangige Market through Lower Kabete road junction towards Westlands .. ~ r r o i ! Bookmark not defined. 3.1.5 Existing Substations within Nairobi Area ............................... Error! ~ookmarld not defined. 3.1.6 Existing KPLC Land within Nairobi Area ............................... Error! Bookmark not defined.

3.2 Western Area .................................................................................... Error! ~ookmard not defined. 3.2.1 Existing Substations within Western Area ............................. ..Error! ~ookmarld not defined. 3.2.2 Existing KPLC Land within Western Area .............................. Error! Bookmad not defined.

3.3 Mount Kenya Area .......................................................................... Error! ~ o o k m a r 4 not defined. 3.3.1 Existing Substations within Mount Kenya Area ...................... Error! Bookmark not defined.

3.4 Coastal Area ..................................................................................... Error! Bookmar* not defined. 3.4.1 Existing Substations within Coastal Area ................................ Error! Bookmar4 not defined. 3.4.2 Existing KPLC Land within Coastal Area ............................... Error! Bookmar not defined.

................................... 4.0 COMPENSATION AND ENTITLEMENTS Error! Bookmart not defined. 4.1 Eligibility .......................................................................................... Error! Bookmar? not defined.

4.1.1 Loss of Assets ........................................................................... Error! Bookmar not defined. 4.1.2 Loss of Livelihood .................................................................... Error! Bookmar i not defined.

4.2 Categorisation of the PAPS ............................................................... Error! Bookmar not defined. 4.2.1 Loss of Structures (Kiosks, stalls, residential and other buildings) ........ Error! ookmark not defined.

4 4.2.2 Loss of Agricultural Land ....................................................... ~ r r o r ! ~ o o k m a r k not defined.

4.3 Restorative Courses of Action .......................................................... Error! Bookmark not defined. 4.4 Entitlement Matrix ........................................................................... Error! Bookmark not defined.

5.0 IMPLEMENTATION AND ACCOUNTABILITY ............................ Error! Bookmark not defined. 5.1 Implementation ................................................................................. Error! ~ookmark not defined.

5.1.1 Organisational Structure ........................................................... Error! Bookmarp not defined. 5.1.2 KPLC Resettlement Unit (KRU) .............................................. Error! Bookmar not defined. 5.1.3 PAP RAP Committee (PRC) .................................................... Error! Bookmar not defined. k

5.2 Community Consultation ................................................................. Error! Bookmark not defined. 5.2.1 PAPS Consultation .................................................................... Error! Bookmark not defined. 5.2.2 Compensation of PAPS ............................................................ ~ r r o r ! ~ o o k m a r k not defined. 5.2.3 Handing Over the site for Stringing and Civil Works .............. Error! ~ookmadk not defined. 5.2.4 Monitoring and Supervision of RAP Implementation .............. Error! ~ookma4k not defined.

5.3 Implementation Schedules ............................................................... Error! Bookmarik not defined. 5.4 Costs and Budget .............................................................................. Error! ~ookmark not defined.

6.0 MONITORING AND EVALUATION ................................................ Error! ~ o o k m a i k not defined. 7.0 RECOMMENDATIONS ................................................................... Error! Bookmank not defined. Appendix I: KPLC Compensation Rates ............................................... Error! Bookmdk not defined. Appendix 11: Comments by PAPS on Compensation Issues: ..................... Error! Bookmaak not defined. Appendix 111: Minutes of the Consultative meeting ................................. Error! Bookmamk not defined. Appendix IV: List of Property Owners .................................................. Error! Bookma~rk not defined.

Energy Sector Recovery Project-Resettlement Action Plan

Appendix V: Terms of Reference (T.0.R) ............................................. Error! Bookmark not defined.


1.0 INTRODUCTION

This Resettlement Action Plan has been prepared following a request by the Client Kenya Power a n d Lighting Company fimflLlted, to the consultant L o g Associates, to Identify and quantify different categories of project- affected people( PAPs) who will require some form of assistance, compensation, rehabilitation, or relocation etc, and prepare an appropriate Resettlem~nt Action Plan (RAP) for the project.

1.1 Project Background

The Energy Sector Recovery Project is financed by the Government of Kenya, the International Development Association (IDA), the Agence Francaise de Development (ABD), European Investment Bank (EIB) and the Nordic Development Fund(NDF). I

The Project Objectives is to increase access to electricity in Urban, Pen-Urban a$d Rural Areas, Improve system efficiency, reliabihty and quality of service to existing consumers. This will improve the social welfare and enhance living standards of the Kenyan people.

The Project comprises the following:

(i) Distribution reinforcement and upgrade and; (ii) Upgrade and Expansion of the SCADN/EMS System.

The Project has identified priority areas for reinforcement and upgrade of the disttibution systems and these are spread countrywide. These activities are expected to have a widespread positive impact on overall socioeconomic status and livelihoods of the electrified users and project- affected people (PAPs). The project may have some negative effects especially to thoje who may be displaced from the right of way either through land acquisition or removal of those who have developed on the road reserve. A resettlement Action Plan is therefore requirkd to guide the process. An Environmental, Social Impact Assessment study and a Resettlement policy Framework (RPF) was developed in 2004.

Unmitigated involuntary resettlement in development projects often gives nse to severe economc, social and environmental risks which include; displaced and dismantled production systems, loss of income sources, weakened community institutions and social networks, dispersed kin groups and dimmished or lost cultural identity and traditional authority. I

The RAP sets out the framework for policies, principles, institutional arrangemenjs schedules, and other inhcative budgets to facilitate the project resettlement process. The RAP had been developed in accordance with the mechanisms outhed in the already developed RPF. The R P ~ is based on the standards of the Government of I<enyals Resettlement policy as stated in v b o u s legal and constitutional documents and the policy of the World Bank (as provided in 0 P 4.12)

1.2 Objectives I

The main objective of this Resettlement Action Plan (RAP) is to provide guidelines to stakeholders participating in the miiqgation of adverse social impacts of the project, including rehabilitation/ resettlement operations in order to ensure that project affected persons (PAPs) will not be

Energy Sector Recove~y Project-Resettlement Action Plan

impoverished by the adverse social impacts of the project.

The Resettlement Action Plan (RAP) will be applied to project sites where people will be displaced from land or productive resources whch result in relocation, loss of shelter or assets important to production, income sources or means of livelihood etc.

1.3 Scope of Work

In an overview, the project area covered includes approximately 65 km of power line construction from Nairobi North Substation within Nairobi Area. This wdl involve the following line routes:

Nairobi North - Lunuru Road - Ndenderu Junction Ndenderu Junction to Lower K m a Market Lower I(arura Market to Wangige Market Wangige Market through Lower ICabete road junction towards Westlands

Also affected with the project are several existing substations and IGLC lands in Nairobi, Western, Mount Kenya and Coastal areas. No evictions or destruction is envisaged within all existing IQLC substations and Land (purchased or leased), that will not involve power line construction. However, demolitions wdl be experienced on the transmission power line wayleaves since it is dangerous for people to live and/or operate businesses near the 66 kV transmission power lines. This will cause losses both at family and commercial establishments resulting into compensation and entitlements of PAPS.

Given the magnitude of the predcted resettlement impact, on particular project sites, this Resettlement Action Plan (RAP) has been designed to include a participatory approach between PAPS and IQLC. The RAP will provide guidehes to stakeholders participating in the mitigation of adverse social impacts of the project, including rehabilitation/ resettlement operations in order to ensure that project affected persons (PAPS) will not be impoverished by the adverse social impacts of the project. This shall follow the legal framework in Kenya an in accordance with The World Bank Practices. In order to enable generation of the desired output, issues such as cut-off dates, grievance redress mechanisms, compensation and entitlements must be adhered to at the implementation stage. Case to case valuation by qualified valuer and transparency in negotiation of costs by KRU will lead to fewer pevances. This will also ease and expedite monitoring and evaluation of performance of RAP by I W . In the event that KRU has limited personnel, other KPLC and/ or government departments may be called upon to assist.

1.4 Guiding Principles

In order to ensure that the RAP complies with international best practice as regards resettlement, the principle implementing agent, Kenya Power & Lighting Co. Limited shall bind itself to the following guiding principles:

Principle 1: Resettlement must be avoided or minimized Action: To comply with the principle, KPLC has demonstrated that the proposed resettlement is both necessary and viable, and that its scope and extent cannot be lessened. I<PLC has shown that they have designed the line routes so as to cause the least possible disruption.

Principle 2: Genuine consultation must take phce Action: Given its focus on resettlement, the primary concern is to take seriously the rights and interests of the project affected People. For this to take place, their voice needs to be made clear, via


the formation of local level consultative forum. These structures have been co-ordmated at the community level by the ISPLC personnel.

Pn'naiple 3: Establishment ofapre-resettlement baseline data Action: To support the successful reestablishment of affected property, the followirlg activities d be undertaken prior to dsplacement. I

an inventory of landholdings and imrnovable/non-retrievable improvements (burldings and structures) to determine fair and reasonable levels of compensation or rnittgaGon. a census detaihg household composition and demography, and other relevant socioeconomic characteristics.

The asset inventories will be used to determine and negotiate entitlements, wwe the census information is required to monitor homestead reestablishment. The information obFained from the inventories and census will be entered into a database to facilitate resettleinent planning,

I

implementation and monitoring.

, Principle 4: Assistance in relocation mut be made available Action: ISPLC will guarantee the provision of any necessary compensation for people whose fields will be dsturbed to make way for the transmission lines, or any other disturbancb of productive

I land associated with the project in proportion to their loss.

Principle 5: A A i r and egaitabb set of compensation options must be negotiated I

I

Action: Compensation will be paid for structures, land and trees that are disturbed kccording to set I

rates.

Pn'nniple 6: Resettlement mKst take place as a development that ensares that ~mject ~ f i c t e d ~ e o p l ' hen@ Action: Where practical the employment and sub-contracting opportunities thad arise from the project wdl be made available to the affected population.

Principle 7: Vdnerable socialgmzkps mzkst be qeciJical& (ateredfor ! Action: Members of vulnerable groups are often not able to make their voice effectively, and account will be taken of this in the consultation and planning processes, as in establishing gnevance procedures. They are often physically weaker, and may need relocationjdisturbance phase. In particular, female-headed households powerful households when asset will be demolished to make way for the transrnissibn line. This wdl entad KPLC ensuring that the pre-resettlement database specifically identifies groups and makes provision for them to be included in consultative forum. ensure that they are given the necessary protection to ensure that they receive e ktable access to replacement resources. In addition, KPLC will make specific reference to vulnerqle social groups being paid particular attention in the monitoring process. Vulnerable groups will dclude those with

I minimal assets, the illiterate, and the aged (those PAPS of more than 65 years). I

PvinGiple 8: Resettlement mzlst be seen as an ~pfmntproject cost I I

Action: Experience across the world shows that unless resettlement is built in as a upfront project cost, it tends to be under budgeted, that money gets whittled away from the resettlement budget to 'more pressing' project needs, and that it tends to be seen as peripheral to the overall project. KPLC d ensure that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are built into the overall project budget as up-front costs.

Energy Sector Recovery Project-Resef flernen f Action Plan

Prznciple 9: A n indqendent monitoring andghevance procedm mmt be in place Action: In addtion to internal monitoring that wdl be provided by ICPLC an independent Team d undertake monitoring of the resettlement aspect of the project. Grievance procedures d be organised in such a way that they are accessible to all affected parties, with particular concern for the situation of vulnerable groupings. Monitoring wlU specifically take place via measurement against the pre-resettlement database.

1.5 Methodology

Consultant's methodology included participatory approach. In whch case, community meetings, public hearings and key informants (Chiefs, District Officer, Local Authorities, I<PLC Waleaves Officers among others were part of the mix methods qualitative and quantitative that the consultant used to interact with some of the stakeholder groups. We consulted widely with the KPLC ESRP team as well as all stakeholders during the preparation of the RAP.


2.0 LEGAL FRAMEWORK AND GRIEVANCE REDRESS PROCEDURE

A plethora of enactments all governing land and transactions in land in Kenya had already been discussed in the Disttibution, Reinforcement and Upgrade, Environmental and Social Impact Assessment Study in 2004. Chapter two of the report, specifically section 2.5 elaborated on the statutes in which the substantive land law and the adjectival land law are to be found. It highli~hted on among others: Registration Systems, Ownershp and Expropriation of Land for Development ii~ IQnya

I 2.1 Relevant Acts Related to Land I

The several statutes that handle the issue of land and the development of infrastrucdre: Government Lands Act Cap 280 Land Titles Act Cap 282 Registration of Titles Act Cap 281 Land (Group Representatives) Act Cap 287 Trust Land Act Cap 291 I

Registered Land Act Cap 300 Land control Act 302 Mining Act 306 Agriculture Act 31 8 Environmental Management Co-ordination Act

2.1.1 Land Legal Issues

Interests in land broadly fall into two groups. Rights that are held through trqditional African systems and rights that derive from the English system introduced and maintainled through laws enacted fitst by colonial and later by the national parliament. The former is ldosely known as customary tenure bound through traational rules (customary law). The latter body ?flaw is referred to as statutory tenure, secured and expressed through national law, in various Acts oJf Parliament.

a) Customary Land Tenure: This refers to unwritten land ownershp pracbces by certain communities under customary law.

b) Statutory Tenures: I

I I

i) Freehold tenure: This tenure confers the greatest interest in land called gbsolute right of ownership or possession of land for an i n d e h t e period of time, or m( perpetuity. The Registered Land Act (RLA) Cap 300 of the Laws of Kenya governs freehold land.

ii) Leasehold Tenure: Leasehold is an interest in land for a d e f ~ t e term of +ears and may be granted by a freeholder, usually subject to the payment of a fee or rent nd is subject to certain conations, whch must be observed. e.g. relating to developments a

c) Public Tenure: This is land owned by the Government for own purpose and whch includes unutllised or unalienated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Government Lands Act Cap 280.


d) Other Interests include: i) Reservations of other government or tmst land to government ministries, departments or parastatals for their use. ii) Non formalised defacto tenure by which people, inhvidually or in groups invade and occupy other peoples government land particularly in the major urban centres. iii) Minor interest such as easements, wayleaves and temporary occupation licences.

Temporary Occupation Licenses POL) (practiced in Kenya) is a license gven to occupy government land for a fmed period of time. Since the project affected people occupy road reserves and along wayleave trace, and most of them operate on the land under Temporary Occupation Licence POL) agreement recogmsed by the Kenyan Law, IQLC is not bound by the law to relocate the affected persons to a new site but is keen in ensuring adequate and commensurate compensation to the project affected people in accordance with the spirit of improving or at least restoring the economic base of those relocated. T h s is in h e with the World Bank Group resettlement policy which recognizes that continued possession of public lands without government action for eviction is a valid basis to compensation for loss of assets and requires resettlement assistance. Valuation of affected assets is thus imperative if the PAPS are to be accorded resettlement assistance.

2.2 Valuation and Related Legal Issues

The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Regstration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are regstered upon application to the Board and are required to be full members of the Institution of Surveyors of ICenya (ISIC). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap 280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes.

2.2.1 Summary of Valuation Process Relevant to ESRP RAP

Table 2.1 gives a summary of valuation process that complies with the Laws of Kenya and hence the World Bank. The following wdl be the process for the valuation of assets and ultimately compensation.

Table 2.1 : Valuation Process Relevant to ESRP RAP

Asset

Dwelling

Process

The following steps will be followed:

i. A detailed inventory of aU persons, possessions, assets and stock

requiring resettlement will be made.

ii. Accurate and real valuation of dwelling will be undertaken. ... m. Determine compensation packages according to valuations.

iv. Allow a reasonable time period prior to moving, for salvage of


Land

Lost business

profits and

employee

earnings

bu l l hg materials. PAP'S may salvage any material without h s being

deducted from compensation entitlements.

v. Provide temporary housing/shelter if necessary.

The following more specific recommendations are made: I

i. I<PLC will pay compensation for the lost housing strucWes.

ii. I<PLC will provide transport for the occupants and their delongings to I

their new place of residence. I

iii. The owner will be entitled to remove any materials he or bhe wishes to

salvage within one month of vacating the old dwellin$. W L C wdl

provide transport for these materials, other than mason+, to the new

residential site. I I I

Inventoy: As part of the RAP phase the IQLC has acquired names and I I

contact details of all persons affected by the project. ,

Con(pensatioc The RAP data sheet will spell out how eakh person is

affected and will indicate how much compensation will be paid for crops I l

and trees lost. I

P y m n t : Since the design of the line route is such that the ~e runs along I

the wayleave trace and road reserves I<PLC are not compe#ed by law to I

compensate the PAPS on Land but shall use compensation to restore or I

improve the economic base of PAPS e.g. facilitating transp+ and paying

for the value of demolished structure. ! I

I Where business profits may be affected compensation will be daid according

to Valuation & Audited results of the enterprises monthly inccjme. Similarly, !

lost wages will be determined through valuation of an affected e+terprise.

Energy Sector Recovery Project-Resettlemeni Action Plan

Crops/Trees

on the fields

cultivated by

those

affected.

Tne/seasonal mp

ICPLC already has a structure in place for making this particular compensation

(Appendrx I). Harvesting of the crops wdl be given a first priority but where

harvesting is not possible, counting of the affected crops will be done by a

regstered valuer and KPLC agent in the presence of the owner. Computation

of the costs wdl be done according to ICPLC compensation standards and

payments thereafter made either at KPLC offices, or through the local chefs

office.

A n n d crops

Crops wdl be harvested by the owner and therefore no compensation will be

paid for crops. In instances where crops axe not able to be harvested, IQLC

1 1 wdl pay compensation as set out in the standard KPLC compensation rates. I

NB: Allpqments shall be made before demolition commences.

The cut-off date for determining the beneficiaries of the resettlement plan is 27'' November, 2007 which is the date for the last field study for the RAP. Those to be compensated will include P M s who do not enjoy secutl'y of tenure.

2.3 Dispute Resolution and Arbitration of Disputes

The practice of domestic and international arbitration in Icenya is conducted within the framework of the 1995 Arbitration Act and is interpreted as: "any arbitration whether or not admitllstered by a permanent arbitral institution". The Act follows the UNCITRAL model almost word for word but with a number of glaring omissions: notably no provision for costs and interest, nor any provision for appeal in international arbitrations. These omissions are dealt with by the Rules of an active local branch of the London-based Chartered Institute of Arbitrators, being an amalgam of Rules established by leading international arbitral institutions and providers such as the London Court of Arbitration and the ICCA.

In addition to rat ifpg the UNCITRAL Model Law, Kenya has also ratified the New York Convention, the WTO and WIPO Treaties relating to arbitration. The Kenyan branch of the Chartered Institute of Arbitrators, founded in 1984, is recognised as the professional body for the annual training and examination of those seelung to qualify as arbitrators; it also acts as the appointing body where stipulated in contract.

Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit organisation that promotes the prompt, effective and economic resolution of disputes through arbitration, predominantly mediation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to arbitrate. They would be of particular use should disputes around the compensation and resettlement process arise.


In addition, there are a series of customary avenues that have been set up to deal with dispute resolution and they wlll be employed as the "court of first appeal", where relevant.

2.4 Grievance Redress Mechanisms

Grievance redress mechanisms are essential tools for allowing affected people to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving tradsparency in the resettlement process. The suggested dispute or grievance mechanisms are as follows:

Disputes wdl be referred to IBLC and then if necessary, the PAP RAP committee (see section 5.1.3) who will be asked to provide a recommendation as to how it is to be addredsed. If deemed necessary by the PAP committee the case will be re-investigated and, depending on the nature of the issue, referred to the National Environmental Tribunal or Public Complaints Cornmibee

Grievances will be dealt with as per the figure 2.1. I I

Affected party declares a grievance

National Environment Tribunal, Public complaint Committee,etc

KPLC hears grievance and rules. PAP RAP committee has 2 weeks from submission to respond

Legal Action A Figure 2.1: Grievance Redress Procedure

I

'

Information about all dispute and grievance procedures is to be widely disseminated, through consultative fora, and the media.

No further action

,

Enerm Sector Recoverv Proiect-Resettlement Action Plan

The P14Ps committee secretary or nominated agent (in the absence of the secretary) will keep a written record of all disputes/grievances raised and dealt with during the resettlement and compensation process. These records will be monitored regularly by the PAPS Committee and by the independent Monitoring Team. This will be undertaken as part of the on-going monitoring and evaluation process.

Energy Sector Recoveiy Project-Resettlement Action Plan


3.0 EARMARKED ESW PROJECT AREAS

This chapter briefly &scusses the earmarked project areas for ESRP project. Some of the project sites wdl have to experience demolition as dscussed in the subsequent sections. The main reason being advanced in justification by KPLC for the demolitions and evictions on the transmission power h e wayleaves is that it is dangerous for people to live and/or operate businedses near the 66 kV transmission power lines. That position is indsputable and is in line with ~ovbmment Lands Act and the Energy Act, 2006. However, The Current Situation in the settlements dong wayleaves trace and road reserves is extremely complex since according to historical contekt, some PAPs occupied the sites as early as before 1995. This is a fact that any solution to thd current PAPs problem must consider. I I

3.1 Nairobi Area

T h ~ s project area wiU in~olve approximately 65 krn of power line construction frond Nairobi North Substation. Nairobi North substation is w i b IQLC Nairobi Regon whch cove? all the KPLC facilities w i t h Nairobi and extends to the outskirts of Nairobi, including Athi rived area. The main features of the c h a t e within this area are the existence of dehnite wet and dry sieasons, and the absence of any large seasonal change in temperature. ~ Nairobi North substation: It is actually located in I h b u District about 6 kin from I<arura Township. It was commissioned in 2003. It lies on the Northern side of Nairobi of about 1800 m above the sea level. The site is characterized by red volcanic soil of coffee, maize and other horticultural crops. Two lines of 220 kV from pylons/towers supply the substation. The area is a high potential zone average rainfall of about 1600 rnrn. Temperatures are relatively low for most parts) of the year and averages about 15°C. The topography consists of ridges and valley landscape with stbep slopes. The figure 3.1 shows a section of existing Nairobi North substation. I

The construction of a total of 65 krn of 66 kV lines from Nairobi North substation will be: on the trace of the existing Nairobi North -Dandora 220 kV lines

1

Energy Sector Recovery Project-Resettlemen t Action Plan

constructed on duo circuit for about 13 krn from the Nairobi North substation constructed either along the road reserves or along the trace of existing 11 kV lines.

The proposed 66 kV power line shall criss-cross an expansive agricultural farmland. This land has trees such as eucalyptus, Grevilla, Cyprus, Wattle trees, various field crops includmg coffee, maize, forage as well as buildings on it. This is a densely populated area and has high commercial and social interaction with the city of Nairobi.

3.1.1 Nairobi North - Limuru Road - Ndenderu Junction

The power line construction will traverses road reserve from Nairobi North substation to Limuru road. It will then run along Limuru road to IQkuyu-Ndenderu and Limuru road junction, where there are a few kiosks located on the proposed power line path as shown in the figure 3.2.

Figure 3.2: Kikuyu-Ndenderu-Limuru Road Junction

Several businesses are conducted at the junction and along the road reserve in structures mostly constructed of wood and/or iron sheets, galvanised iron sheet roofing and cemented floors. The Figure 3.3 shows some of the structures that will be demolished around this area:

Energy Seclor Recovery Project-Resettlement Action Plan

3.1.2 Ndenderu Junction to Lower Karura Market

Along this trace the proposed power line construction will run on the right hand side of the road leading to JGrura market from the Ndenderu junction, the trace is clear of structures up until the market where there are 10 lilosks built on the road reserve. The kiosks are of wooden walls with

galvanised iron sheet roofing and cemented floor. There also exist five temporary stalls in the market which are also affected by the project trace. The consultant proposes that the stall owtners should be relocated just within the market so that they do not loose on business and customer;. There was a permanent structure w i k 1-a market next to road reserve which will have to b& demolished ..

As the line approaches wangige, there is stone mining at a nearby quarry. Most of the miners live in temporary structures around the area. Some of these structures are depicted 3.4:

Figure 3.4: Some Structures where Stone Miners Live 1 These structures are located on the road reserve opposite the side of the road as tde proposed line route. The existence of quarry site at the right hand side was seen as possible imbediment to the proposed line route since the earth surface where the h e route will pass has been dangerously excavated as shown in the Figure 3.5.


The quarry poises a potential danger in case the stone miners are not advised to take care of the power poles above the quarry. Since this quarry is a source of income it may be advisable to relocate this part of the power h e to the other side of the road opposite the quarry. In this instance where the power line is moved to the other side of the road then the structures where the miners live in will have to be demolished and be compensated.

3.1.3 Lower Karura Market to Wangige Market

Along this section of the trace there are no structures affected up to Wangige market. At the busy Wangige market centre several structures are affected. Most of the affected structures are rental and generally wooden with &on sheet roofing. Some of the affected structures are as shown in figure 3.6.

Figure 3.6: Structures at Wangige market that will have to be Demolished to pave Way for the 66

3.1.4 Wangige Market through Lower Kabete road junction towards Westlands

At the IGbete road junction, the Line separates as one heads towards Kabete substation and the other towards Westlands substation. The part that runs up to proposed Kabete substation will have no demolitions as there are no structures along the proposed line route. However, the h e that proceeds to westlands had several structures along the line route especially around KmgYeero/Kamuthini area. Most of the structures are of wooden structure, ken sheet roofing and cemented floor. There is also one semi-permanent house on the road reserve. These structures are dangerously built under the existing power line and will have to be demolished since the proposed 66 kV wdl pass along the same h e . The Figures 3.7 and 3.8 show how the structures are dangerously constructed under existing power line which also serve as the line route for the proposed 66 kV line.


at Kingeero area along Lower Kabete Road

I h u t h i n i area along Lower I~Cabete Road

All these project areas can be summarised as follows:

Table 3.1 : Westlands 66kV line -Approximately 25 km

Rd 1 3.0 km boad reserve lpartly built on the road baydents at the

arura Mkt. on the - h' a d e n t s at the

arket oad reserve demdlition stage

Structures 3 hosks and I shop

Route Location Line runs along the

SECTION Nrb/North S/sts -

Ndenderu Mkt. Ndenderu junction

~ctio(n / Comments To b; demolished

Distance

Line runs adjacent to

Lower I G m a Mkt - Upper Kama market

I I I I L L

~onk-uction drawings.

-

reserve Jdemdlition stage 10 kiosks and 1 shop P o bh demolished

3.5 km

Upper Karura - Wangigi Mkt

Wangigi Mkt - "Lower Kabete Rd Junction Lower Icabete Rd Junction -

*From lower Ihbete Road Junction the h e separates to into two with one heading to Westlands substation (12.3 km) while the other heads to Kabete substations (13 km).

Line runs on the on be demolished The road reserve. aydents at the

demolition staee

I 12.3km 1 h e Engineer Roads and the

1 ~ i t y council after

5 kiosks on the road reserve

5 hosks and 5 semi permanent houses on The road reserve. No developments

PP

To be demolished Papen t s at the demqlition stage To bk demolished Paydents at the demhlition stage Wayleaves to be

o b t h e d ------------------.---- from Chief

3.0km

1. 7. km

No demolition of strudtures

"Lower IGbete Rd Junction to Proposed ICabete S/stn

Line runs along the road reserve

Line runs along the road reserve

Line runs along the existing I1 kV O/H

13 km Line runs on existing 11 k~ wayleaves trace

-- No developments along wayleaves trace


3.1.5 Existing Substations within Nairobi Area

The works on the following sites will be of existing KPLC property or that which has been purchased or leased and will not involve power line construction. They include:

Jeevanjee Substation: The substation is located in Nairobi central business district close to the bus station.. The landscape is flat and lies at an altitude of 1675 m above sea level. Main soils occurring in the area are black cotton. There are commercial buildings adjacent to the substation.

Karen Substation: The substation is 1ocated.on the out skirts of Karen shopping centre close to Ngong forest. It has a relatively flat landscape and lies at an altitude of 1854 m a.s.1. The soils in the area is red volcanic. The surroundings consists of thick vegetation of mainly blue gum and eucalyptus trees.

Nairobi South Substation: The substation is located along Lunga Lunga road next to Doonholm. Estate. The substation is within IBERAFRICA power plant. The site is on a flat landscape and lies at an altitude of 1649 m a.s.1. The dominant soil in the area is black cotton.

Cathedral: The substation is located in Nairobi central business district adjacent to the busy Uhuru highway. The landscape is flat and lies at an altitude of 1687 m a.s.1. Main soils occurring in the area are murram.

Ruaraka Substation: The substation is located off Thika road just after the Roy Sambu roundabout on the outskirts of the city of Nairobi. The landscape is flat and the substation is properly fenced all round with chain h k wire fence. The substation lies at an altitude of 1624 m a.s.1 and experiences weather condition similar to that of Nairobi and Thika. Main soils occurring in the area are black cotton, which are prone to water logging. The substation is in an area with residential bulldings and many kiosks along the front fence of substation. The site vegetation is characterized by mature trees in the surroundings and tendered flowers within the substation compound. The population is moderate and with high traffic along the Thika road.

Athi River Substation: The substation is located next to East African Portland Cement Company, within Athi River Township. It has been fenced using chain-hk wire perimeter fence. The site has flat landscape and lies at an altitude of 1526 m a.s.1. The area experiences weather characteristic of Athi tropical plains i.e. dry dusty weather with temperatures of 28-31°C ~ L I I & I ~ the day. The main soils occurring in the area are black cotton.

Kitisuru Substation: The substation is located next to Gachie shopping centre. It is within a residential area on a fairly flat ground. The climate is smdar to that of the nearby IQambu district at an altitude of about 1400 m a.s.1. The area is characterized by red volcanic soils with common site problem of flooding accompanied by non drainage during rains.

Kileleshwa: The substation is located in Kileleshwa, an upmarket suburb of Nairobi city. The site landscape is generally sloppy but the substation compound is levelled. The area experiences the typical climate of Nairobi.

Aupoa Substation: The substation is located on the Athi plains off Airport road with proximity to Jomo Kenyatta International A q o r t 0.K.I.A). It's on a flat landscape. The site is at an altitude of 1674 m a.s.1 and experiences clunatic condition comprising of hot south western winds with a temperature range of 25-30°C. Main soils occurring in the area are black cotton, which are prone to water logging.


3.1.6 Existing KPLC Land within Nairobi Area

Proposed Westlands Sub Station Site: The proposed site for the new Westlands Sub Station lies within Westlands Suburbs of Nairobi at approximate &stance of about 7 km from the City Centre. This is an area whch was oripally a residential district but is fast becoming a commercial centre with emergence of various kinds of business activities around. The general climatic conditions of the area do not vary greatly with that of Nairobi although the altitude at approximately 1680 m above the sea level is higher than that of the South Eastern areas of Nairobi.

Proposed Gigid Substation Site: The current site for the proposed new ~ i i Substation is located along United Nations Avenue leading to United Nations head barters on the Suburbs of Nairobi. There are no structures or development on the land. &e area has red volcanic soil and receives an annual rainfall of 1400 rnrn that occurs dur$g the long and short rainy seasons of March to May and October to December rekpectively. The topography of the site is characterized by a ridge and valley landscape with steep slopes rising to an altitude of about 1700 m above the sea level.

Proposed Kabete Substation Site: It is located on the western part of Nairobi n e b Uthiri market at approximateiy 100 metres from Gaciuri Restaurant. Administratively, Kabete is w i h n Krkuyu w o n of the Kiambu District.; The site is next to U b - N d w b u i n i road round about egactly opposite International Livestock Research Institute (ILRI), along Naivasha ( U t h i r u - ~ a w a n e ) road, on the same side as Kabete Technical ~nstidte. There are no structures in thf vicinity of the site. Commercipl development around this siae is minimal. Nairobi city Centre is approximately 115 km from the site. There is a thicket of grass growing in the site. - -

Figure 3.10: Proposed Site for Kabete Substation

Proposed Ngong Road Sub Station Site: Geographically it lies on the South Western side of Nairobi at an altitude of about 1670 m above the sea level. Temperatures of the area are w i h 1 7 ' ~ during the months of July and August to about 20°C in March. :The area around Ngong Road has seen rapid development in commercial activities in the ?ecent past. This trend is likely to continue with more businesses relocating from the City ~ b n t r e to ths area and the outlying suburbs. ,


3.2 Western Atea

The regon has a varying topography with a few U s and valleys dissected by a number of small streams. It has an extensive undulating plain that &ps southwards from about 1,641 m to 1500 m above sea level and to a further 1,250m to the west. The lowest part of the region stands at about - 1,240 m above sea level. The regon has high rainfall almost all year round howevir this is less in intensity between December and February. The annual rainfall ranges from 1,597 to 2,873 mrn per -

year. This enables farmers to have two cropping seasons. The mean temperature range between 13.9OC and 29.g°C. I

3.2.1 Existing Substations within Western Area

Naivasha Substation: The sub-station is situated 50 m off Mairnahiu - ~aivdsha road on a generally flat landscape. The road is characterized by dust and noise cauqed by vehicles, mostly Lorries, plying the Nairobi - Naivasha route. There is a railway line passing at about 150 m from the sub-station. Dominant soil in the area is sandy soil.

Lanet Substation: The substation is located about 250 m off the Gilgd - Nakuru road and 5 km from the Nakuru Game Park. There is a shopping center known as Kiondoo situated next to - - - the substation. The dominant soil type in the area is black cotton soil.

Lessos Substation: The substation is located on

region. The area receives typical Eldoret weather and climate.

Figure 3.11: Section of thc Existing ~ e d s o s Substation

3.2.2 Existing -LC Land within Western Area

Proposed Sondu Substation: is located on a fairly flat landscape but has a surrou~ding hill next to Sondu bver approximately from Sondu - IGsumu road. It has an altitude &f approximately 1540m a. s. 1. The area has swampy characteristics with Sandy red loam soil. '

Proposed Butere substation: It is situated near Butere Township which is a t p i c k rural townshp with a main market centre comprising mainly of shops at an altitude of 1 around 1860 m above the sea level and receives a mean annual rainfall of 1900 mrn. Te perature varies i. from 18OC to 24OC for most parts of the year. The area has fertile red v~lcanic soils that support growth of sugar cane, maize, beans, bananas and various h 4 s of fruits and vegetables. 1 I

Proposed Makutano Township Substation: Makutano Townshp is located 40 kkn South West of Nakuru Town along the Nakuru Eldoret Highway. The Township lies at the sumrnit of the Mau escarpment and experiences cool temperatures of between 15Oc an4 23OC for most parts of the year.

Proposed Cherangany Substation Site: The site is located about 13 km from IGtale Town at an altitude of between 1800 - 1890 m above the sea level. The slte is situated on the slopes of Cherangany Hills, a high potential agricultural area that receives abundant rainfall of about 2000 mrn annually. Moreover, the fertile red volcanic soil of the area cmbined with the


adequate amount of rainfall has enhanced the growth of maize on large-scale basis within Cherangany area.

It should however be noted that the land discussed in this section is already in IQLC possession, in other words the land had already been purchased on willing buyer / w i h g seller basis, the owners have been compensated adequately.

3.3 Mount Kenya Area

The topography of the region is greatly influenced by the volcanic activity of Mt. Kenya. Numerous rivers which originate from hlt. Kenya Forest traverse the region and flow eastward as tributaries of Tana River which discharges into the Indian Ocean. The altitude ranges from 5,200 m at the peak of hlt. Kenya to about 300 m in the dry lowlands of Tharaka divisions. A few isolated hills exist. The region has a bi-modal rainfall pattern with the rains f a h g during the months of March to May and October to December with the hghest precipitation being received in the latter months. The annual rainfall ranges from 2000 m in the Chogoria forest to below 700- in the lower areas. Temperatures are cool, moderate and hot for the highland, middle and lowland areas respectively. The temperature ranges between 17OC -14OC in the highland and 21°C -27OC in the lowland areas. Agriculture and livestock are the two major resources currently being exploited. The major food crops are maize, millet, sorghum, beans and cowpeas. The major cash crops are coffee, tea, cotton and tobacco.

3.3.1 Existing Substations within Mount Kenya Area

Kamburu Substation: The substation is located within Kamburu Hydro power plant. The landscape is relatively hdly and sloppy and the area experiences dry weather. The immelate surroundmg environment comprises of small shrubs.

Embori Substation: The substation is situated off Meru-Nan* road approximately 500m from Maritati Primary School. The landscape of the area is generally flat and is at an altitude of 2540 m a.s.1. The main soils occurring in the area are red soils.

3.4 Coastal Area

The coastal plain lies below 30 m above sea level with a few prominent peaks on the Western boundary. Across this plain run several creeks and the estuaries of hver Sabaki, resulting in excellent marine and estuarine swamps. These swamps are endowed with mangrove forests and presents great potential for marine culture. To the west of the coastal plain lies a foot plateau which has undulating terrain. The plateau falls between 6Om and 135m altitude and slopes towards the sea. The surface is traversed by a number of dry weather courses with underlying Jurassic sediments consisting of shells, sandstones and clays. In this zone grassland and stunted vegetation prevail. Occupying the lower-lying ground along the western side of the region is the Ny&a Plateau. The plateau is sparsely populated and is covered by thin vegetation, shallow depressions and gently undulating terrain. This is an arid and semi-arid zone which is not suitable for rain-fed crop farming but mainly suited for livestock farming. The average annual rainfall ranges from 400mrn in the hmterland to 1,200mm at the coastal belt. The regon has two main rainfall seasons in a year. The long rains start from April to June, with a peak in May whde the short rains fall from October to December. The two seasons are more prominent in the south. In the hmterland or rangelands zone where rainfall is very unreliable, the seasonality is barely noticeable.


The annual mean minimum temperatures range between 22.5'~ and 24.5Oc in the months of April, May and June. The maximum temperatures vary between 26Oc and 30°c in the coastal belt. Maximum temperature in the hinterland ranges between 30°c and 34Oc. The region is generally hot and humid all the year round with average relative humidity of 60°/o along the coastal belt.

3.4.1 Existing Substations within Coastal Area ~ Kipevu Substation: This is an existing substation located to the West of the MomGasa Island next

to the ICengenYs Kipevu power plant. The station is bordered by Kengen's oifces, fuel tanks, thicket, a cliff overlookingMombasa port and the ocean. . There is a steed hill within the compound dividing the station into two. Most of the ground is paved with +ther tarmac or concrete. The area around the substation is purely an industrial area. I

I

New Bamburi Substation: This is an existing substation located about 20 km nor'th of Mombasa - Island. The surrounding area is a vast expanse of land with an abandoned vegetated area on one side. Residential dwellings are scattered at the substation. I

I

Watamu Substation: This is a proposed 33/11kV substation located in Watamu, aPproximately 10 kdometres South of M h d i . The land has a very gentle slope and the groudd is very rocky. The client purchased this land a while back and it is now overgrown with s w b s . There are a number oftrees in the surrounding compounds includmg coconuts and pa$-paws. This site is in a residential area. The houses are within 20 meters of the fence on thrqe sides. It is off the main road and is opposite some houses and a sports centre.

Likoni Substation: This is an existing substation located in Likoni area less than 4 kdometre from the ferry crossing point, off Lunga lunga Road. Installation of a Transformer has been proposed for the substation to boost the increasing power demand in the area. This calls for an expansion of the access road to the substation since the access road is too narrow for

heavy track that is &ely to carry the huge load transformer.

Figure 3.12: Part of Likoni Substation

i The narrowness of the road to thk substation has been caused by b h construction o commercial and residential structures along the ro d reserve. It is located in a densely populated area a \ d is surrounded by housing units. The land is flat. ~

Figure 3.13: Access Road to Lokoni Substation Off Lungalunga Road

It is no doubt that the structures along the access road to Likoni substation are along the road reserve. Nevertheless, the structures are outside the ESRP project site. The only reQson that justifies a possible demolition along this road is that passage must be created for a heavy load trailer that d deliver a transformer to the substation. During consultation with the PAPs w i h this area, the PAPs confirmed that they are aware about the demolitions. Among those consulted included both

Energy Sector Recovey Project-Resettlement Action Plan

owners and tenants/renters of the structures. The structures on the left side of the access road from Lungalunga road wdl have to be demolished. Figure 3.14 shows some of the structures that will have to be demolished to creat convenient access to Likoni for the trailer that will deliver the transformer to Likoni substation. Apart from the structures, the gate to the substation sYlll have to be widened to allow easy entry for the trailer carrying the transformer.

(4 @) Figure 3.14: Structures that will have to be demolished in Likoni

One interesting thing is that all these structures at Likoni are lumped along the left side of the access road. There are a total of 18 structures that were identified by the consultant for a possible demolition. They include 7 semi-permanent residential and 11 commercial structures. The PAPS are ready to move out for demolition so long as the trailer carrylng the new transformer to Lkoni substation is not far away from the site.

3.4.2 Existing KPLC Land within Coastal Atea

.tion: The site is adjacent to the playground of Bahari Preparatory School. The land is flat. The surrounding are is mainly residential with a few shops. There is a temporary structure next to the site which serves as a food 'hosk'. This is mainly a residential area with a school and shops in the surroundmg area. The people residing in this area mainly work in the city centre.

The Flgure 3.15 shows ongoing costruction of Tononoka substation in the Land belonging to KPLC.

Figure 3.15: Part of Tononoka Substation

Kiembeni Substation: It is located about 20 km north of Mombasa Island. The surrounding area is a vast expanse of land with an abandoned quarry and thick vegetated area on one side. The other residential dwehgs are scattered at considerable distances from the substation.

Kanamai Substation: The location is in the vicinity of a centre called Majengo, which is about 1 kilometre from Umoja Rubber factory off the Malindi road. Majengo is a busy centre with many residential houses and hotels.


Mariakani Substation: located in Mariakani, approximately 30 kilometres from Mombasa. The land is flat and ma~nly covered by grass. It is not very far from a nearby residential area.

Figure 3.16: Section of Mariakani Substation

No evictions or destruction is envisaged within all existing KPLC substations and Eand (purchased or leased), that will not involve power line construction, including the project sites itl hkoni, shanzu, miritini, TToi, Diani, Galu and Musambweni in coastal area. A summary of the btatus of ESRP project that will not involve power line construction is as follows:


Table 3.2: ESRP Project Sites that do not Involve Power Line Construction

1 2. Westlands I Existing KPLC Dropertv I I ,

1 WESTERN AREA 1

3.Gig11-i

1 4. Kabete

5. Athi &ver Quarries

6. Ngong road S/stn

7. Karen

KPLC -3/4 acre of land purchased in 2006 for 7,200,000 from I<TTC I

I

KPLC -3/4 acre of land purchased in 2006 [or I<sh.7.200.000 from KIT1 , Existing ICPI,C property. I

IQLC '/2 acre of land purchased in 2006 br~~sh.10,800,000 from local owner. I

Substations

1. Sondu

2. Butere

( 5. Lessos 33/11kV

xis t i n g g KPLC '/z acre piece of land purchased in 2095 for I<sh.400,000 from local land owner I

-

KPLC % acre piece of land purchased in 20(06 for I<sh.160.000 from local land owner

I

I

4. C herangany

6. Naivasha, Lanet, Lessos. I Existing substation MOUNT KENYA AREA I

j l IQLC % acre piece of land purchased in 20136 for I<sh.234,000 from local land owner 1

3. Makutano

, >

ICPI.,C '/2 acre piece of land purchased in 2006 for I<sh.160.000 from local land owner

environment and natural resources at ~sh. lk .500 per vear.

6. I<amburu and Embori I Existing substations I

I

COASTAL AREA 1

3. Kanamai KPLC 1 acre piece of land purchased in 2006 for 161

1. Mombasa island(Tononoka) IQLC 'h acre piece of land purchased in 2q05 for Ksh.3.700.000 from local land owner

5. IGpevu, likoni, shanzu, miritini, Voi, Diani, Galu, Masambweni, New

I

I

Existing KPLC property ~ 1 Bamburi, Watarnu, Likoni.

- - - . I

I


4.0 COMPENSATION AND ENTITLEMENTS

Compensation and entitlements will be triggered by particular and specific impacts resulting from the project. Using a holistic approach, these general impacts emanating from the project would include losses both at family and commercial establishments.

4.1 Eligibility

Those who will be considered as qualified for resettlcment/compensation must bei PAPS. These people will directly or indwectly expenence the following losses:

4.1.1 Loss of Assets

For the f a d e s hving on wayleave trace or road reserve along the project sites, lo?t assets would include their makeshift houses. According to the fieldwork survey conducted by the consultant for the purposes of this RAP, the consultant identified fivk semi- permanent houses and a total 56 wooden hosks on the road reserve, ten of them are built under the existing 11 kV way-leave trace, and four permanent houses bud/ on the existing way-leave trace. All these d be affected. Assets lost would inclvde the structures they occupy for residential or buslness purposes. The kiosks are; mainly wooden walled with iron sheet roofing and ccmented floor. Some of the strucdtes and bddings are rented and were already occupied as early as 1995. Others are sever41 simple structured stalls along the road reserve. I

4.1.2 Loss of Livelihood , I

Some of the PAPS work at nearby centres and a nearby stone quarry. Others resibe at the rear of their business establishment. Some hosk owners employ workers to Jwork as helps in their establishments. Both the employers and the employees in the iaffected establishments may lose income. Some of the Kiosk owners rent out their collect monthly rent from renters. It is noteworthy that some PAPs have food crops along the wayleaves trace/road reserves for commercial these PAPS will not only experience loss of income but also loss market.

4.2 Categorisation of the PAPS I I

The descriptions of the categories of PAPS in the ESRP project are as follows: 1

4.2.1 Loss of Structures (Kiosks, stalls, residential and other buildings)

Category Description I

A Those who will lose all structures such as residential, hosks, stalls, etc and have acquired relevant licence e.g. Temporary Occupation bcencs

B Those who d lose some part of their structures such as rhsidenual, luosks, stalls, etc and have acqlllred relevant licence e.g. Temporary Occupation Licence

C Those who will lose all structures such as residential, kiosks, stalls, etc and have not acqared relevant licence e.g. Temporary Occupation Lioence

D Those who will lose some part of thcir structures such as residenfial, kiosks, stalls, etc and have not acquired relevant licence e.g. Temporary Occupaaon Licence


4.2.2 Loss of Agricultural Land

Category Description

E Those who d lose all Trees e.g. Eucalyptus/blue gum, Mukuna/ Grevilla, Cider, Pinc/Cypruss/Jacaranda, Mukuyu, Mugumo etc

F Those who d lose part of their Trees e.g. Eucalyptus/blue gum, M u h a / Grevilla, Cider, Pine/Cy~russ/Jacaranda, Mukuyu, Mugumo etc

G Those who will lose all field crops e.g. Coffee, Onions, Beans, Kales/Sukuma wih, Maize etc

H Those who will lose part of their field Coffee, Onions, Beans, I(ales/Sukuma wih, Maize etc

4.3 Restorative Courses of Action

To minimize the negative economic impact of improvement activities on commercial establishments, it is recommended that these establishments be treated in such a manner as to allow them to operate with minimal dsturbance.

One approach is to allow these establishments to set up stalls/kiosks a few metres away from the project site. 'I'hls d be effective for hosks and stalls that rely on the business of the nearby residential community. Shops such as canteens, butchery, tailors and charcoal kiosks are good examples of businesses that can be relocated with their original market. Figures 4.1 and 4.2 show some of the hosks / stalls that could be to set up a few metres away from the project site since their businesses rely on the nearby communities.

At l(arura Market.

Vulcanizing shops, auto repair garages, photo development shops, and other shops reliant on close proximity to the road may be relocated successfully if the new resettlement location allows easy access from the road.

Since all the structures to be demolished are within road reserves and along IQLC wayleave trace, the affected people d not have any compensation for land. However they d be allowed to negotiate with the respective local authorities and identify a comparably suitable area in the vicinity where their businesses could be relocated, preferably a low-cost commercial centre where stalls can be rented by the dsplaced businesses. This option \all be most suitable for PAPS along I(lkuyu Ndenderu Road and Lirnuru Road Turn off where they d be able to take the advantage of Ndenderu


Market. Ths would reld a more satisfying outcome for operators of these establishments hence constituting a socially and economically optimal outcome.

4.4 Entitlement Matrix

The right to benefits d only be granted to PAPS whose assets will be demolished and those who wdl have to move their assets to a different location. For instance PAPS who +

operate businesses in moveable containers such as the one shown of figure 4.3 will be compensated the cost of transport for relocation to another site.

Figure 4.3: A Container at IGkuyu-Ndcnderu Junction belonging to Susan ~ j e d i Ngug

Kenya Power and Lighting has standard compensation rates that has been hakonised using compensation rates from various government ministries such as Mt~s t ry of Environment and Ministry of Agriculture. The consultant recommends that Aese rates be adopted for purposcs of compensating trees, crops and vegetation in genekal, since the compensation rates are uniform and lugher than those of various Government Ministries. Another advantage is that IQLC policy is that any cut or uprooted vlegctation is left for owners use after compensation. A copy of the IQLC compensation !rates has been provided in Appendix I. However other assets that are not vegetative will qequire an indcpcndent valuation before resettlement (see Section 5.4). A summary of compensation and entitlements for the PAPS is shown in the table below. It excludes loss of lhnd since affected areas are within road reserves. I

Table 4.1 : Entitlement Matrix

Types of Loss

Main Structure totally affected (residence/ commercial).

Entitled Person

Owners of structures inclucbng kosks and stalls in the project area who

Legal Entitlements Compeqsation

Compensation for the entire structure at replacement cost as determined by the concerned

Same as the legal entitlement


Types of Loss

Tenants (renters) of affected structures, includng renters of shanty dwelltngs

declaration to the land or other acceptable proof of ownership

Renters of affected shops, kiosks and stalls

Entitled Person

without deduction for salvaged building materials

Cost of transport for those who operate business in moveable containers i.e fork lifting containers to relocation sites No compensation but they can collect

Legal Entitlements

Rent allowance equivalent to one month of rent of a similar structure w i t h the same area

Restorative Compensation

Free transport for those who opt to relocate elsewhere


Resettlment ----i assistance equivalent to the entire structure at re~lacement cost as

I

determined by the concerned appraisal committee without deduction for salvaged building materials

Cost of transport ~

for those who opt to relocate

entitlement

Same as the legal entitlemcnt

( relocation site Other fixed assets 1 PAPS 1 Compensation in / Same as the legal

Transitional allowance to cover for their computed income loss during the period that their business is intermp ted Cost of transportation to


Same as thc legal entitlement

and/or structures - I cash for affected I entitlement

5

Enerw Sector Recovenr Project-Resettlement Action Plan

and/or water connection

portion of the structure, includmg the cost of restoring the remaining structure, as determined by the concerned appraisal committee, with no depreciation nor deduction for salvage bu i lhg materials

Types of Loss

Compensation to Same as the legal 1 cover cost 1 entidements ; 1 restoring facilities

Legal Entitlements

Entitled Person

An estimate of the replacement costs of the structures to be demolished alonb power h e s construction from Nairobi North (65 km of New 66 kV Lnes from Nairobi North) shall be carried out by a licensed valuer, authorised by IQLC for the exercjse. The

Restorative Compensation

replacement costs of all the assets shall be determined. This is the amount that it would take to obtain a ltke kind of asset at current prices.


5.0 IMPLEMENTATION AND ACCOUNTABILITY

5.1 Implementation

The implementation of the resettlement action plan anticipated in this document is of primary concern to ISPLC. This calls for an orderly structure for adrmnistering the RAP.

5.1.1 Organisational Structure

The organisational structure elaborates on the role of various stakeholders in adrmnistering the RAP. It further clarifies the role of PAPs and their responsibdity in the exercise in relation to the stakeholders.

5.1.2 KPLC Resettlement Unit (KRU)

IQLC will provide both the financial input into the resettlement process as well as sigmficant addtional managerial and technical expertise. To h s end, IQLC is to constitute a resettlement unit irnmedlately after the completion of the RAP final report. The structure of the unit shall be as follows:

Environmental Manager-Associate Environmental Expert registered by NEMA Compensation Manager Compensation and Resettlement Officer Community Laison Officer Database Officer Field Survey Staff IQLC regstered valuer

The following is anticipated to be the role played by IWLC resettlement Unit. It w~ll: Oversee the implementation of the RAP. Oversee the formation of PAP RAP Committee (PRC) Ensure maximum participation of the affected people in the planning of their own resettlement and post resettlement circumstances. Accept financial responsibility for payment or compensation and other designated resettlement related costs. Ensure detailed valuation of the structures in order to determine the case to case value of each component of the project and agree upon a value for compensation. Pay the affected people compensation to the amounts agreed. Ensure monitoring and evaluation of the PAPs and the undertahng of appropriate remedal action to deal with grievances and to ensure that income restoration are satisfactorily implemented. Ensure initial baseline data is collected for the purposes of monitoring and evaluation report as per the indicators provided by the RAP.


5.1.3 PAP RAP Committee (PRC)

Under the guidance and coordination of IQLC Resettlement Unit, the PRC d l be formed one week after the formation of the I(RU which will act as a voice of those affected by the resettlement and will be a recogtllsed body by the IQLC. The committee shall comprise of the following:

1. National Environmental Management Authority (NEMA) officer 2. Lawyer, Kenya Power &Lighting Co. Ltd. 3. Valuer, Kenya Power &Lighting Co. Ltd. 4. Two Project affected people Representatives - to be appointed by PAPs 5. Local council representative 6. District Valuer or any Independent Valuer 7. Surveyor 8. The local area chefs 9. District Land Adjuchcation and Settlement Officer 10. District Social Development Officer

The committee should have a Chair and a secretary appointed or elected by PA^, from among the above proposed committee members. The committee WIU act as the primary executive body in all matters relaang to resettlement. It WIU be constituted in such a manner as to be regarded as the primary representative voice of those affqcted by resettlement and recognised by IQLC as such. Under the overall authoritp of its reporting officer, the Committee should be constituted so as to be made up od dlrectly affected stakeholders as well as district line government departments that can assist with the implementation of the resettlement process.

The Committee will look into areas such as: Public Awareness, it includes extensive consultation with the affected people so that they can air their concerns, interests and grievances. Compensation: this involves ratifying compensation rates and also derves as dspute resolution body to negotiate and solve any problem that aay arise relating to resettlement process. If it is unable to resolve any such problkms, will channel them through the appropriate gnevance procedures laid out in this RAP. Monitoring and Evaluation this involves developing the monitoiing and evaluation protocol I

Logistics: this involves exploring all mechanisms by which RAP can be implemented I

Employment and Training, this involves employment protocol in thb project (if any) for those who can not find alternative employment.

5.2 Community Consultation 1

Resettlement or compensating PAPs needs communication or dialogue kith the stakeholders, as such it is a never ending exercise, until implementation of RAP is over. Th~s has been enshrined in Principle 2 (See Section 1.4). Extensive consultation with the potentially affected persons had already taken off. This has been happening through ongoing meetings with project affected people. Property owners have been consulted since the project came into being and this process of consultation was formalised during the process of the Environmental Impact Assessment in 2004. As such, cobsultative mechanisms have been structured. Project Affected Peoples (PAPS) have been consulted


individually and property owners identified (See Appendix IV). Major issues discussed have been:

Mechanisms through which asset valuation d l take place. Mode of compensation Extent of compensation i.e. who are entitled for compensation and why. Where the PAPs will collect their compensation The proposed date when the project d begn Cut - off date

In addition to these formal and community meetings, dalogue between IQLC wayleaves Officers and individual members of the PAPs takes place on a regular basis and this is encouraged to continue. During field study, the consultant emphasised the following to the PAPs and IQLC personnel.

PAPs were encouraged to make known their issues, claims and concerns. PAPs will have right of access to the formally established grievance process and will be entitled to make their complaints known. The Monitoring Team d have the right to visit and interview PAPs. PAPs through the grievance procedure process d be able to contact the monitoring and evaluation team to ensure that their concerns are heard.

5.2.1 PAPs Consultation

ISPLC personnel will continue to conduct a series of meetings and hearings with the Project affected people, informing them of the results of any survey conducted and the plans for the area. In these meetings there d also be negotiations to determine when the actual demolition WIU take place.

PAP RAP Committee and KPLC Resettlement Unit members should attend all PAPs consultation meetings and inform them of the procedures and schedule for compensation payment, reorganization and demolition arrangements among others.

5.2.2 Compensation of PAPs

Compensation to PAPs shall be made before demolition commences. This wdl be done at either the IQLC offices or at the local chiefs office, whchever d be appropriate after approval. After compensation, a minimum of one month notice shall be given to the affected people before the demolition exercise commences, so as to allow relocation and salvage of necessary asset by PAPs. Renters shall hkewise be given at least one month notice before actual demolition to gve them ample time to relocate.

Since most of the PAPS in the project sites have occupied road reserves or wayleaves trace, they are not entitled to any form of land compensation. IQLC has the right to compensate for the assets without necessarily relocating. It is upon the affected persons to identify suitable points and obtain Temporary Occupation Licence or permission from the respective local authorities so as to proceed with their businesses.

5.2.3 Handing Over the site for Stringing and Civil Works

The sites shall be handed over for Stringing and civil works when they have been cleared of all the PAPs.

Energv Sector Recovery Project-Resettlement Action Plan

5.2.4 Monitoring and Supervision of RAP Implementation

The RAP will be implemented by the Kenya Power & Lighting Co. Limited. In view of the magnitude of the exercise to be carried out, the KPLC Resettlement Unit is viewed adequate and competent enough to carry out the monitoring and evaluation. It is therefore suggested that KRU carry out this process before, during and after demolitions.

5.3 Implementation Schedules

Critical Project milestones, with timing, are set in Figure 5.1. The critical prolcess of events is as follows:

KRU is constituted PAP RAP Committee is constituted PAP RAP Committee signs off on the RAP. This constitutes KPLC acceptance of the terms of the RAP. IQLC draws up offer documents for affected people and advertises the fact that offers will be made. The affected people review the offers made and enter into agreemedts w~th KPLC. I

The affected people d l have to identify alternative sites surrender the land and move off the project site. These affected people shall do this on the basis of "willing buyer-willing seller principle". I

Monitoring of the "willing buyer - &ng seller" affected people begins.

5.4 Costs and Budget

Table 5.1: Approximate Resettlement Cost

Energy Sector Recovey Project-Resettlement Action Plan

Item

Kiosks I I

I Field Crops I 150 I 60,000 1

Quantity

35

Stalls

Residential

1 Trees

Approximate Total Resettlement Cost

Approximate Value (Ksh.)

250,000

In facilitating ths process, KRU and other ISPLC departments should be uuhsed as much as possible. In addtion, it should be noted that compensation to PAPS shall be based on independent valuation of the affected structures and as agreed upon by the PAP RAP Committee and ISPLC resettlement Unit.

21

11

20

60,000

2,040,440

10,000

Energy Sector Recovety Project-Resettlement Action Plan

6.0 MONITORING AND EVALUATION

Progress and performance of the RAP should be evaluated before, during, and after implementation. Using the baseline study indicators generated by this report, a monitoring agency can note the study changes between pre-resettlement an4 post- resettlement conditions of the affected communities. Certain parameters can be set to determine whether active intervention d become necessary. The indicators should include:

Income statistics. Average annual family income withm the communities should not fall below an agreed upon factor in the first 18 months after the move. Data should indicate that the socioeconomic situation of the affected people is stable after one year. If, after a year, the situation of affected families are found to be deteriorating (unemplbyment, increasing poverty, etc.), further intermediation may be warranted.

Entitlement Listing. The relocation site should have comparable services and amenities to the previous site. The basis of comparison could be qualitative, although a quantitative measure could also be developed based on per capita maintenance costs.

A. Responsible agency Due to the relatively small magnitude of the resettlement process, it is recommen!ded that I(RU be charged with the task of monitoring and evaluation of the resettled communities. It d therefore be enlisted to continue the post project evaluation system and conduct actual monitoring and reporting.

B. Methodology The monitoring agency will employ a combination of regular dalogue and surveys of the affected communities. The dialogue d provide a forum for affected parties t~ air any grievances or complaints that may arise. The survey will provide a more objective form of progress measurement to complement the more subjective consultations/dalope.

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

D. Interpretation of Data The data should be able to measure changes in net welfare based on pre-resettlement profile and post resettlement condtions. The implementing agency should irmpedately address negative net welfare.

E. Monitoring and Evaluation of Reports Post-resettlement monitor results should be subject to review by, representatiyes of the affected community through PAP RAP Committee and representatives of ICPLC.

The Monitoring Team must write its reports before the end of each visit add submit them to the IQLC Project Manager and The PAPS Committee The Monitoring Team should structure its reporting in conjunction with accepted variables as set out in Table 6.1.


Table 6.1 Monitoring Indicators

Acquisition of other

Subject Land

Buildings/ Acquisition of Structures

Area of government land acquired? Number, type and size of private bddmgs acquired Number, type and size of community buildmgs acquired Number, type and size of government b d h g s acquired Number, type and size of other private structures acquired

Indicator Acquisition of land

Trees and Crops

Number, type and size of other community structures I

Variable Area of cultivation land acquired for IQLC developments Area of communal land acquired for IQLC developments Area of private land acquired?

structures

Acquisition of acquired Number and type of trees cut

1 crops Compensation, / Compensation

trees Destruction of Crops destroyed by area, type and ownership

Hazards and Disturbances

~e-establishment and Rehabilitation

S o d / Demographic

and reestablishment of affected owners/indivi duals

Re- establishment of community resources

Introduction of nuisance factors Changes to homestead structure

Number of homesteads affected (bddings, land, trees, crops) Number of owners compensated by type of loss Amount compensated by type and owner Number of replacement houses constructed Size, construction, durability and environmental suitabihty of replacement houses Possession of latrines Water supply access

- -

Nurnber of replacement businesses constructed

Number of community buildmgs replaced Number, type of plants lost Number ofseedhgs supplied by type Number of trees planted Number of homesteads affected by hazards and &turbances fiom construction (noise levels, blasting, increased traffic levels) Homestead size (births, deaths, migration in and out) Age distribution Gender distribution Mantalstatus Relationshp to homestad head

Population migration

Status of "vulnerable" homesteads I

Residential status of homestead members Movement in and out of the homestad (place and residence

P

Changes to access

Distance/travel time to nearest school, health centre, church, shop, vlllage

Energy Sector Recovery Project-Resenlement Action Plon

Subject 1 Indicator 1 Variable

r M o d t y rates Access to health care services (distance to neqest facility, cost of services, quality of services)

r Uhation of health care services

Changes to status

I I r Disease prevention strategies

r Nuaitional status of resettled homestead members r Number of people with disease, by type (STDs, diarrhoea,

rnalana, ARI, immunizable dsease)

r Extent of educational programmes I

r Latbne provision at schools (school chdd popiulation per VTP

earning capacity

Changes to educational status

Changes to status of women

Homestead r Ownership of equipment and machinery r Landholding size, area cultivated and production

volume/value, by crop (cash and subsistence1 crops) r Landholdmg status (tenure) r Redistribution of cultivation land

on site) r Litmcy and educational attainment of home~tead members

School attendance rates (age, gender) r Number, type of educational establishments

r Participation in training programmes r Use of credit facilities I

Landholdmgstatus I

r Parttupaaon in I(PLC-related actillties and enterprises

r ownership of capital assets

r Changes to livestock omnershp: pre- and po5t d~turbance r Value of livestock sales, and imputed value af barter

transactions r Consumption of own livestock production r Employment status of economically active &embers r SHs of homestead members r Eamings/income by source, separatmg compensation

payments r Changes to income-earning activities (agndture) - pre- and

post disturbance

I I changes to income-earning activities (off-f-) - pre- and

I I post disturbance I 1 r Amount and balance of income and expenditure 1 I r Possession of consumer durables I

Reahsation of homestead income restoratioh plans (components implemented, net income achieved)

Changes in social orgatllsation

r Possession of bank and savings accounts r Access to income-generating natural resource base (wood,

grass, sand, stones) r Organisational membership of homestead members r Leadership positions held by homestead members

Energv Sector Recovery Project-Resettlement Aclion Plan

I I Population I Growth in number and size of settlements, formal and I informal Growth in market areas

Activities of Information Centres Number of people accessing Information Centres

Number of local committees established Number and dates of local committee meetings Type of issues raised at local committees meetings Involvement of local committees in KPLC development

Consultation

Information c h s h a t i o n

Consultation

P r o v e operation

Number of participating NGOs Number, position, stafhg of Information Centres Staffing, equipment, documentation of Information Centres

Grievances , resolved

Infonnation requests, issues raised at Information Centres Number of gnevances regstered, by type Number of grievances resolved

Training

Number of affected population trained in Project-related training courses Number of implementing agencies by function Number of GoK ministry offids avadable by function Number of ofiice and field equipment, by type Census and asset vexification/quantification procedures in place Effectiveness of compensation &very system

' training

programme

Number of land transfers effected Co-orchation between local community structures, KPLC and GoIC offiaals

Operation of Number of cases referred to court Number of local committee members trained

Management Staffing

Procedures in operation

Energy Sector Recovev Project-Resettlement Action Plan

7.0 RECOMMENDATIONS

Many of the project affected people occupying road reserves and along wayleaves trace, have Temporary Occupation hcence (TOL) agreements which are recognised under the Ihnyan Law. KPLC is not bound by the law to relocate the affected persons tp new sites but should be keen in ensuring adequate and commensurate compensation to the project affected people in accordance with the spirit of improving or at least restating the economic base of those affected. This is in line with the World Bank Group resetklement policy which recognizes that continued possession of public lands without govqrnment action for eviction is a valid basis to compensation for loss of assets and hequires resettlement assistance.

There are a series of avenues that have been set up to deal with dispute resolution and should be employed where relevant. These include negotiations, mediation and arbitration. Litigation should be avoided as much as possible since it is lengthy dnd time wasting. I<enyals Dispute Resolution Centre (DRC) is an independent, not-fdr-profit organisation that promotes the prompt, effective and economic resolution of (disputes through arbitration, predominantly medation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to sirbitrate.

1 They would be of particular use should dsputes around the compensaqon and resettlement process arise. ~ Kenya Power and Lighting has standard compensation rates that have been har/nomsed using compensation rates from various government ministries such as Udistry of Environment & 1Uatural Resources and Ministry of Agnculture. The cdnsultant recommends that these rates be adopted for purposes of compensating trees, ciops and vegetation in general, since the compensation rates are uniform and higher than those of various Government Ministries. However other assets that are not vegetative wih require an independent valuation before resettlement. ,

Compensation to PAPS should be made before demolition commences. '&$ will be done at either the KPLC offices or at the local chiefs office, whicheved wdl be appropriate after approval. After compensation, a minimum of one month notide should be given to the affected people before the demolition exercise commences, so a( to allow relocation and salvage of necessary asset by PAPS. I

The RAP will be implemented by the Kenya Power & Lighting Co. h d t e d . To encourage transparency and in order to get a monitor with the necessary expkfase, it is recommended that the monitoring programme be put out to tender. Suitbble and qualified experts could be asked to tender for the position of resettlement monitbrs

To minimize the negative economic impact of improvement activities on establishments, it is recommended that the PAPS be allowed to set up stalls/kiosks a few mepes away from the project site such as at Nairobi North that involves power h e const+ction of approximately 65 km or they should be encouraged to resettle in the same placq after the project exercise; For instance in Likoni area where demolition will be done ,to create passage for truck delivering a transformer to Lkoni substation. l h s would yield a more satisfying outcome for operators of these establishments hence constituting a socially and economically optimal outcome.


Appendix I: KPLC Compensation Rates

TYPE OF TREE Eucalyptus/blue gum

I Cider I I

1 1-4 1 200

DIAMETER(inches) 1 AMOUNT (Kshs.) 1 - 4 1 50 1

Sespana .. 1-3

4-5

. . Mukuyu

74

77

. . Mukuyu

Thorn (dry areas)/ Acacia . \ . .

15-39

1-3

550

150

19-24 25-50

1-3 4-8 9-15

-

850 1,100 20

45 50


TYPE OF TREE ( DIAMETER(inches) . . 1 16-50 I I

Munderendu 1

Murembu . . 4-9 150

. . Mugumo

17-50

1-5

Mutathi . .

400

100

Castor Oil 1.

. .

1-4 5 -9

Castor Oil -

Wattle

25 1 5 0

1-3

4-8 9-15

30

70

120 1

36-50 1

400 I

20

Energv Sector Recovery Project-Resetflement Action Plan

TYPE OF TREE 1 DIAMETER(inches) / AMOUNT (Kshs.) . \ 18 / 49/90

. . 1 29 1 143175 , . 1 30 onwards 1 150 tree max.

Type of tree Amount Amount(Kshs)/ Amount (Kshs.)/ (Kshs.)/young tree. average Tree Mature Tree.

Nandi Flame Makinduri Afiicana Murema HedgelojuoWeuphorialkariaria per meter 0 Aningevia Altissina Indigenous trees

3 0 60 40

40 50

60 80 50 -

200 100 8 0

80 50 8 0

Energ); Sector Recovery Project-Resettlement Action Plan

Energy Sector Recovev Project-Resettlement Action Plan

Barara Nuts 250 3 00 500

I Lucerne 1 2 I 4 1 5 I

Nappier grass per cluster

mangoes. Dodo & local Mangoes Lime Mulberry Bixa 1 Celery

30 per sq m

Houses, huts &wells

500 200 40 100 5

Brunj als

Natural grass improved

,Improvedgrass Flowers Miraa Bunials Arrow roots / Apple/Ngowe/Buribu

800 300 60 200 7

, 20 ( 50

0

Amount (Kshs.)

I I 4 / G.1 sheets roof, stone walls, cemented plastered walls 1 500 per sq ft

1,200 500 80 300 10

80 10

1

2

I I

1,000 2 20 1

3 1 G.1 sheets roof, stone walls, cemented floor I

I I I

7 I Brick walls earth floor grass thatched ( 100 per sq ft

Sticks side and poles

G.1 sheets roof, off-cut walls, cemented floor, wooden doors and windows.

300 per sq ft I

5

6

I I

8 ( (3.1 sheets roofs, brick walls cemented 1 300 per sq ft

1,000 1,500 2,000

20 2,500 3/50 3 0

40 per pole

150 per sq fi

Others

1,000 per sq acre 30 3,000 5 50

(3.1 sheets roof, mud smoothed walls, wooden doors, windows and earth floors. Wells

1 No I Description I Amount (Kshs.) I

200 per sq ft

100 per sqft

I I I 140 per sq ft 1 G.1 sheets roof weaved stick sides or off-cuts, raised on poles.


I)) Cattle boma I

30 per sq ft

I I

5 Chicken cage 30per sqm

150 per sq ft 2 Grass thatched weaved stick side raised on poles

I I

I I I

8 1 Building poles (cedar) 1 120 each :

6 1 Pit latrine not cemented I I

2,000 flat rate1

7

I I I

Fencing poles(cedar)

9

I

90 each

11

Fencing poles(cedar) 40 each ,

Pylons. 5,000


Appendix 11: Comments by PAPS on Compensation Issues:

The following comments are taken from the field study carried out by LOG Associates personnel during the months of November and December 2007.

LOWER KABETE ROAD- KING'EERO/KAMUTIINI

No. I Names I Structure I Comments 1 1 Hannah Njeri Kimani I Butchery I Compensation should take place

2 / Mwaura Kamau ( Shop / A good notice of the demolition date to be 1 given.

3 1 Peter Ngumi I Tailoring Kiosk ( Compensation should take place C I 4 / George Githiru I Shop 1 Knowledge and information on the whole 1

I immediately and fairly -

5 6

WANGIGE MARKET

I No. 1 Names 1 Structure I Comments I

1 Josphat Nganga John Wairuiru

1 ( Eliud Karira I Charcoal Fitter 1 No comments 2 I Daniel Mbugu ( Charcoal dealer I Ready for compensation

1 3 1 Charles Njogu I Bicycle repair shop I Fair compensation 1

Shop Charcoal dealer

/ Kanei 4 / Daniel Mbugu I Hotel / Com~ensation should take dace

RAP be given Fair compensation Compensation should take place

-

process I 7 fi

( immediately and fairly

6

I rateslamount. 8 I James Njuguna I Hotel [ A good notice of the demolition date to be

5 ) Mbugua Muigai 1 Hotel ) Complexity on the compensation will be 1

I given.

John Ndegwa

KARURA MARKET

Pool kiosk

done between the tenants and the structure owner PAPS should be offered jobs on the

No. 1

Names James Njuguna Kariuki

- 2 Elizabeth Wanjiru Gacenia General shop Compensation should take place

immediately and fairly 3 Bonventure Munyua Coke store The company should sign the relevant

documents to ascertain fairness in

Structure General shop

- 4

5

Comments Compensation should take place

Winnie Mbaire Kahio

Kamua

Plstructure

Pub & kiosk

A good notice of the demolition date to be given. A good notice of the demolition date to be given Compensation should take place


6 7

LIMURU ROAD

8 9

James Ikaro Jane Wanjiku Mungai

LIMURU ROAD-KIKUYU ROAD TIOFF

Joseph Mbugua Samuel Ngugi

No. 1 Names 1 Structure Comments , 1 I John Nganga Kangethe. I Hotel I Compensation should take place ~

P

Shop Coca kola kiosk

No.

1

Fair compensation Compensation should take place

Milk vendor Vegetables

Structure

P /structure

Names

Peter Kanuhi Gachie

immediately and fairly No comments Ready for the compensation

Comments I

A good notice of the demolition date to be gven I

2 Susan Njeri Ngugi Cokacola

immediately and fairly A good notice of the demolition bate to be gven I

Ready for compensation I


Appendix 111: Minutes of the Consultative meeting

(A) 27th Novevember 2007.-WANGIGE MARKET.

MINUTES ON THE RAP MEETING ON THE 27TH November 2007.

PRESENT 1. MR. INOCENT OMONDI 2. MR. JACKOB IMBO 3. MR. PAUL ODAK 4. MR.FRANCIS NJOROGE 5. Hannah Njeri Kimani 6. Mwaura Kamau 7. Peter Ngumi 8. George Githiru 9. James Njuguna 10. Josphat Nganga I 1. John Wairuiru 12. Eliud Karira 1 3. Charles Njogu Kanei 14. Daniel Mbugu 15. Mbugua Muigai 16. John Ndegwa 17. John Thumba 18. George Githiru 19. Susan Njeri Ngugi 20. John Nganga Kangethe 21. Peter Kanuhi Gachie 22. Samuel Ngugi 23. Elizabeth Wanjiru Gacenia 24. Bonventure Munyua 25. Winnie Mbaire Kahio 26. Kamau 27. Jane Wanjiku Mungai 28. Joseph Mbugua 29. James Njuguna Kariuki

Consultant - Log Consultant - Log Consultant - Log WAYLEAVES OFFICER-KPLC PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP PAP

AGENDA 1. INTRODUCTION 2. MATTERS ARISING 3. ADOPTION OF RAP 4. REPORTS FROM SUB COMMITEES

MIN KPLC-RAP 111 1107-INTRODUCTION

MODORATOR' S REMARKS The moderator of the meeting requested all the members to introduce themselves. He thanked all the members for attending thc mceting despite the short notice and lack of facilitation.

MIN KPLC-RAP 2111107- MATTERS ARISING. The proposed date when the project will begin was not definite but was set to be as soon as possible as this exercise will be contracted to different companies by the KPLC. The cut off date was set to be on 27' November 2007. The mode of compensation was set to be cash on the value of the property lost. The PAPS will collect their compensation at the KPLC offices and the provincial Administration offices of their respective local Chief.

The compensation will be to the following,

Enelgy Sector Recovery Project-Resettlement Action Plan

1 The owners of the structures 2 The tenants, incase there is subletting of the structure.

It was suggested by the consultants that in addition to these formal and community meetings, dialogue between KPLC wayleaves Officers and individual members of the PAPs should take place on a regular basis. These will included: Data collection. During this phasc, PAPs should be individually interviewed to value their assets. PAPs were encouraged to make known their issues, claims and concerns. Grievance procedures. PAPS will have right of access to the formally established g i e q n c e process and will be entitled to make their concerns and/or complaints Monitoring and Evaluation. The Monitoring Team will have the right to visit and ibterview PAPs. PAPS through the grievance procedure process will be able to contact the mbnitoring and evaluation team to cnsure that their concerns are heard.

MIN KPLC-RAP 3111107-ADOPTION OF THE RESETLLEMNT ACTION PLAN (RAP) It was agreed unanimously that after all the clarifications on all the matters arising by the respqctive authorities, ~t was proposed that the PAPs to adopt the RAP as it was. This was also seconded by a leader of the PAPs.

Critical to the project is the fact that many of the project affected people (PAPs) are eager to rdceive their compensation so that they can resettle themselves. This RAP makes provision for this prqcess to take place.

The moderator thcn proposed that the meeting be adjourned at 3.00 p.m.

Minutes confirmed by,

MODORATOR SECRETARY.

Energy Sector Recovery Project-Resetdement Action Plan

(B) MINUTES ON THE RAP MEETING ON THE 7th December 2007, AT LIKONI.

PRESENT 1. MR. INOCENT OMONDI 2. GABRIEL KASHALA 3. FRANCIS NJOROGE 4. HARISON OLIECH 5. JOHN OYUECH 6 . EZEKIEL OTIENO 7. NELSON OUNGO 8. DAVID OWIYO 9. EMANUEL NYONGESA 10. MAJOR HASSAN 1 1. MWANA KOMBO 12. TOM MURUKA

AGENDA 1. INTRODUCTION 2. MATTERS ARISING 3. ADOPTION OF RAP

Consultant-Log PAP KPLC Wayleaves Officer PAP PAP PAP PAP PAP PAP Chiefs Representative District Officer-Likoni PAP

MIN KPLC-RAP 1112107-INTRODUCTION

MODORATOR'S REMARKS The moderator of the meeting requested all the members to introduce themselves. He thanked all the members for attending the meeting despite the short notice and lack of facilitation. This he explained as due to the fact that it was not a government project.

MIN KPLC-RAP 2112107- MATTERS ARISING. The cut off date was set to be on 27' November 2007. There was a unanimous agreement that the mode of compensation be cash on the value of the property lost. The consultant informed the PAPs that they will collect their compensation at the KPLC offices and the provincial Administration offices of their respective local Chief. The proposed date when the project will begin was asked, but no definite time was set as this exercise will be carried out by a contractor. However, the PAPs suggested that a good notice be given before demolitions are done. The same should be done after the General elections It was noticed that the demolitions will be temporary to allow the smooth passage of the trailer carrying the transformer to the substation, after which the PAPs can resettle back. Questions on who is legible for compensation was raised and the consultant assured the contacted persons that the compensation will be to the following, 3 The owners of the structures 4 The tenants, incase there is subletting of the structure.

MIN KPLC-RAP 3112107-ADOPTION OF THE RESETLLEMNT ACTION PLAN (RAP) It was agreed unanimously that after all the clarifications on all the matters arising by the respective authorities, it was proposed that the PAPs to adopt the RAP as it was. This was also seconded by the leaders of the PAPS committee.

Critical to the project is the fact that many of the project affected people (PAPs) are eager to receive their compensation so that they can resettle themselves. This RAP makes provision for this process to take place.

The moderator then proposed that the meeting be adjourned.

Minutes confirmed by,

MODORATOR SECRETARY

Energy Sector Recoveiy Project-Reselllemenl Action Plan

Appendix IV: List of Property Owners

66 kV LINES FROM NAIROBI NORTH

KIOSK OWNERS

LOWER KABETE ROAD- KING'EEROKAMUTIINI

-- -

WANGIGE MARKET

Structure I

Butchery I I

I Shop I

I Tailoring Kiosk I

Shop Shop Charcoal dealer

No. 1 2 3 4 5 6

KARURA MARKET

Names Hannah Njeri Kimani Mwaura Kamau Peter Ngumi George Githiru Josphat Nganga John Wairuiru

Structure I

Filter I I

Charcoal dealer I

No. 1 2

LIMURU ROAD

Names Eliud Karira Daniel Mbugu

I

No. I Names I Structure I I

1 I Peter Kanuhi Gachie I P /structure I I

3 4 5 6 7 8

No.

LIMURU ROAD-KIKUYU ROAD T/OFF

Names Structure I

Charles Njogu Kanei - Daniel Mbugu Mbugua Muigai Hotel John Ndegwa John Thumba James Njuguna

1 1

No. 1 2

General shop Hotel

2

-

Names John Nganga Kangethe. Susan Njeri Ngugi

Elizabeth Wanjiru Gacenia

Structure Hotel I

Cokacola

General shop I 3 Bonventure Munyua Coke store 4 Winnie Mbaire Kahio P/structure

7 8 9

Jane Wanjiku Mungai Coca kola kiosk Joseph Mbugua Milk vendor Samuel


Appendix V: Terms of Reference (T.0.R)

A - DESCRIPTION OF SERVICE TERMS O F REFERENCE AND SCOPE O F SERVICES

?'HE PREPARATION O F RESETTLEMENT ACTION PLAN FOR ENERGY SECTOR RECOVERY PROJECT PROJECT BACKGROUND The Energy Sector Recovery Project is financed by the Government of I<enya, the International Development Association (IDA), the Agence Francaise de Development (AFD), European Investment Bank FIB) and the Nordic Development (NDF).

The Project Objectives is to increase access to electricity in Urban, Peri-Urban and Rural Areas, Improve system efficiency, reliability and quality of service to existing consumers. This d l improve the social welfare and enhance living standards of the Kenyan people. The Project comprises the following:

(i) Distribution reinforcement and upgrade and; (ii) Upgrade and Expansion of the SCADN/EMS System.

The Project has identified priority areas for reinforcement and upgrade of the distribution systems and these are spread countrywide. These activities are expected to have a widespread positive impact on overall socioeconomic status and livelihoods of the electrified users and project- affected people (PAPS)

The project may have some ncgative effects especially to those who may be displaced from the right of way either through land acquisition or removal of thosc who have developed on the road reserve. A resettlement Action Plan is therefore required to guide the process. An Environmental, Social Impact Assessment study and a Resettlement policy Framework (RPE) was developed in 2004.

Unmitigated involuntary resettlement in development projects often gives rise to severe economic, social and environmental risks whch include; displaced and dismantled production systems, loss of income sources, weakened community institutions and social networks, dispersed h n groups and diminished or lost cultural identity and traditional authority. Therefore, the main objective of the RAP is to address and mitigate impoverishment risks that may arise thereof.

The RAP will set out the framework for policies, principles, institutional arrangements schedules, and other indicative budgets to facllitate the project resettlement process.

The RAP should be developed in accordance with the mechanisms outhed in the already developed RPF. The RPF is based on the standards of the Government of I<enyals Resettlement policy as stated in various legal and constitutional documents and the policy of the World Bank (as provided in OP 4.12).

PURPOSE OF THE STUDY Identify and quantify different categories of project- affected people( PAPS) who would require some form of assistance, compensation, rehabihtation, or rclocation etc, and prepare an appropriate Resettlement Action Plan ( RAP) for the proposed project. OBJECTIVES The main objective of the Resettlement Action Plan (RAP) is to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the

E n e m Sector Recovery Project-Resettlement Action Plan

project, including rehabilitation! Resettlement operations in order to ensure that project affected persons (PAPS) will not be impoverished by the adverse social impacts of the project. For this reason, it will be necessary to prepare a resettlement Action Plan. A Resettlement Action Plan (RAP) is applied to any project, which displaces people from land or productive resources which result in relocation, loss of shelter, assets or assets important to production, loss of income sources or means of livelihood etc.

SCOPE OF WORK I

The Consultant shall produce one document. The resettlement Action Plah (RAP) using the @ding principles as set on the Resettlement Policy Framework (RPF) that had already been prepared in the early 2004 and agreed upon by I a L C and World Bank. The framework clarities resettlement principles, organizational arrangemebts, and design criteria to be applied to the projcct to be prepared during' project implcmentation in accordance with World Bank Operational Procedure (OP 4.12) principles and Law's of Kenya. The RPF clearly outlules the procedbres for consulting with stakeholders and project affected people. It equally siells out compensation procedure option for addressing material and livelihood losses incurred by project affected people as a result of implementing the

RESETTLEMENT ACTION PLAN

In preparing the resettlement Action Plan the consultant is expected to clearly state the following: I

I. The scope and level of de td of the resettlement plan. 2. General description of the project area.

3. The main objectives of the resettlement program. 4. Potential impacts. Identification of:

The project component or activities that give rise to resettlement. The zone of impact of such component of activities.

I

The alternatives considered to avoid and rninirnizc resettlement; and The mechanisms established to minimize resettlement, to the extent possible, during project implementation.

5. The findmg of social- economc studes to be conducted in the early stages +f projcct preparation and with the ~nvolvement of potentially displaced people, incluGng

a) The results of a census survey covering; (i) Current occupants of the affected area to establish a basis for the design of the

resettlement program and to exclude subsequent inflows of people.

(ii) Standard characteristics of displaced households, including a descqiption of production systems, labor and households organization; and baseline information on livelihoods ( includmg, as relevant, production levels and income denved from both formal and informal economic activities) and standards of living( including health status) of the displaced population.

(iii) The magnitude of the expected partial or total of assets, and the extent of displacement, physical or economic.


(iv) Information on vulnerable groups if any or persons as provided for in O P 4.12, Para. 8, for whom special provisions may have to be made; and

(v) Provisions to update information on the dsplaced people livehhoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.

b) Other studes describing the following: (i) Land tenure and transfer systems, and issues raised by different tenure systems in

project area: (ii) The patterns of social interaction in the affected communities, includng social

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

(iii) Public infrastructure and social services which will be affected and

(iv) Social and cultural characteristics of displaced communities.

7. The findings of and analysis of the legal framework, covering;

i) The scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment.

ii) The applicable legal and admnistrative procedures.

iii) Relevant law (includmg customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legslation.

iv) Laws regulations relating to the agencies responsible for implementing resettlement activities;

v) Gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy and the mechanisms to bridge such gaps; and

11) Any legal steps necessary to ensure the effective implementation of resettlement activities under the project, includmg, as appropriate, a process for recogruzing claims to legal rights to land-includng claims that derive from customary law and traditional usage (see O P 4.12, Para. 13 b).

8. The findng of an analysis of the institutional framework covering;

i) The identification of agencies responsible for resettlement activities;

ii) An assessment of the institutional capacity for such agencies; and

iii) Any steps that are proposed to enhance the institutional capacity of agencies responsible for resettlement implementation.

9. Eligibdtty. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, includmg relevant cut-off dates.

Energy Sector Recovery Project-Resettlement Action PIan

10. The methodology to be used in valuing losses of assets.

11. A description of the packages for compensation where applicable. 12. Community participation. i.e. Involvement in the consultation process.

13. Grievance procedures. Affordable and accessible procedures for third-party settlement of lsputes arising from resettlement; such gnevance mechanisms shoyld take into account the avdabhty of judicial recourse and community and traditional disputed settlement mechanisms.

14. Organizational responsibilities. The organizational framework for implementing resetthng including identification of agencies responsible for delivery of resettlement measure and provision services; arrangements to ensure appropriate coordination between agencies and jurisdction involved in implementation and any qeasure (including technical assistance) needed to strengthen the implanting agencies cadacity to design and carry out resettlement activities provisions for the transfer to local autthorities or resettlersf themselves of responsibdity for managing facdities and services plrovlded under the project and for transferring other such responsibdities form the resettlement implementing agencies, when appropriate.

15. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettles and hosts and terminating the various forms of assistance. The schedule should indcate how the resettlement activities are linked to the implementation of the overall project. I

16. Cost and budget. Tables showing itemized cost estimates for all reselttlement activities, including allowance for intlation, population growth, and other conqgencies; timetables for expenditures; sources of funds; and arrangements for timely flow of fund, and fundmg for resettlement, if any, in areas outside the jurisdiction of the *planting agencies.

17. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; per$ormance monitoring indicators to measure inputs, outputs, and outcomes for reskttlernent activities; involved of the displaced persons in the resettlement and related dev#oprnent activities have been completed; using the results of resettlement monitoring t o guide subsequent.

I I

18. In accordance with the guild lines of OP 4.12 an abbreviated ~esettlemedt Action Plan covering the following minimum elements shall be prepared.

i. A census survey of dsplaced persons and valuation of assets;

ii. Description of compensation and other resettlement assistance to be prdvided;

iii. Consultations with displaced people about acceptable alternatives;

iv. Institutional responsibihty for implementation and procedures for grievance redress;

v. Arrangements for monitoring and implementation; and

3 2


vi. A timetable and budget.

Overall, the consultant will be expected to: Describe the process by whch the RAP d be submitted to the project authorities considered and approved and how entitlements d be delivered.

State the overall project organizer, who will be responsible for resettlement; and what fachties the overall resettlement officials will have available.

Describe how implementation will be carried out and how the delivery of compensatory activities d take place.

Show how the PAP d l be consulted throughout the process of formulation.

Estimate the overall cost of resettlement and show the source of the funds.

Provide appropriate mechanism for monitoring the effective implementation of resettlement and show how the results of monitoring d be retlected in project implementation.

METHODOLOGY

Consultant's methodology shall include participatory methods that are appropriate for collection of the above information and development of the requested strategies. In whch case, community meeting, public hearings, key informants, focus groups use of mapping and ranhng etc should be paJl of the mix methods qualitative and quantitative that consultant will use to interact with some of the stakeholder groups.

The consultant will be expected to work with other elements of the project design team, including project engineers and the planning unit of KPLC as well as consult with all stakeholders during the preparation of the RAP. The RAP d be prepared accorhng to World Bank's O.P. 4.12. B - REPORTING REQUIREMENT The following outputs are expected from the consultant as per our understandmg:

1. A detailed report in compliance with Government of Kenya and World Bank's guidelines on rehabhtation and resettlement of project affected people. This report should include the number of project-affected people and the nature of the impact, framework for rehabihtation, compcnsation and or resettlement as appropriate, includng cost estimate and action plan.

2. Minutes of stakeholder consultations

3. Indcators for monitoring implementation of RAP includmg monitoring the impact on PAPS.

4. Resettlement Action Plan

Energy Sector Recovery Project-Resettlemen! Action Plan

C - SERVICES AND FACILITIES PROVIDED BY THE CONSULTANT

FACILITIES TO BE PROVIDED BY KPLC

We understand that IQLC will provide the following facilities.

1. Copy of the Resettlement Policy Frame work prepared for the project in 2004. ~

2. Environmental and social impact assessment Study prepared for the project in 2004.

3. Copy of the NEMA License to carry out the works.

I

4. List of Projects sites indicating the various categories of sites 1

i. Pre-owned by KPLC, I

ii. Purchased for the purpose of the project. I

iii. Access routes for the proposed lines. iv. Counterpart personnel- way leaves officer /valuer where necessary. v. Any information deemed necessary in order to complete the abbreviated RAP.

resettlement plan (rap) - world bank · pdf filethe objective of ths resettlement action plan...

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