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RAP for NCT Ph 1 i April 2015

NORTHERN COLLECTOR TUNNEL PHASE 1

RESETTLEMENT ACTION PLAN (RAP)

FINAL REPORT

CONTENTS

Chapter Description Page

EXECUTIVE SUMMARY i

1 INTRODUCTION 1-1

1.1 Project Location 1-1

1.2 Project components necessitating resettlement 1-3 1.2.1 Description of the Project Components 1-3 1.2.2 Land take for above Ground Structures 1-3 1.2.3 Land take for the Tunnel 1-6

(a) Right of Way for the Northern Collector Tunnel 1-6 (b) Restriction of Land Uses above the Tunnel 1-7 (c) Literature Review on the Impact of Tunnelling 1-8 (d) Recommendations under the ESIA and RAP study 1-9

1.2.4 Temporary Land Acquisition for the Construction Phase 1-9

1.3 Objectives of the RAP 1-10

1.4 Cut-off dates for eligibility for compensation 1-10

1.5 RAP Study Methodology 1-10 1.5.1 Desk study 1-10 1.5.2 Field Work Preparation Activities 1-11 1.5.3 Determination of the Project Footprint 1-11 1.5.4 Transect Walks 1-11 1.5.5 Community Sensitisation Meetings 1-11 1.5.6 Household Survey 1-12 1.5.7 Key informant interviews 1-14 1.5.8 Land and Asset Valuation 1-14

2 POLICY AND LEGAL FRAMEWORK 2-1

2.1 Policy Framework 2-1 2.1.1 National Land Policy 2-1 2.1.2 World Bank Operational Policy on Involuntary Resettlement-O P 4.12 2-2 2.1.3 World Bank Policy on Gender and Development -O P 4.20 2-3

2.2 Legal Framework 2-3 2.2.1 The Constitution of Kenya 2-3 2.2.2 The National Land Commissions Act 2012 2-3 2.2.3 The Land Act 2012 2-4

(a) Principles and values to guide Land management and administration2-4 (b) Compensation in respect to Public Right of Way 2-4 (c) Acquisition of Private Land for Public Use 2-6 (d) Land transfers 2-8

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(e) Transmission of land ownership upon death 2-8 2.2.4 Land Acts Repealed by the Land Act 2012 2-9 2.2.5 The Land Registration Act 2012 2-9 2.2.6 Land Acts Repealed by the Land Registration Act 2012 2-10 2.2.7 The Land and Environment Court Act 2011 2-10 2.2.8 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 2-10 2.2.9 Trust Land Act 2-11

2.3 Highlights of Legal and Policy Review 2-11

3 SOCIO-ECONOMIC PROFILE OF THE PAPs 3-1

3.1 Background 3-1

3.2 Administrative boundaries 3-1

3.3 Population Size and Composition 3-2 3.3.1 Population among the PAPs 3-2 3.3.2 Characteristics of the PAP Household Heads 3-2 3.3.3 Affected Institutions 3-2 3.3.4 Religion 3-3

3.4 Land Tenure and Land Use 3-3 3.4.1 Background 3-3 3.4.2 Land tenure among the PAPs 3-3 3.4.3 Economic Value of Land among the PAPs 3-4 3.4.4 Social Value of Land among the PAPs 3-4

3.5 Economic Activities 3-5 3.5.1 PAP Household Income Sources 3-5

3.6 Housing Characteristics 3-6

3.7 Education 3-7 3.7.1 Background 3-7 3.7.2 Population currently in school 3-7 3.7.3 Education level for HH heads and spouses 3-8

3.8 Water Supply 3-9 3.8.1 Water usage 3-9 3.8.2 Water treatment 3-10

3.9 Sanitation 3-10

3.10 Health 3-11 3.10.1 Medical facilities 3-12

3.11 Energy sources 3-13

3.12 Access Roads 3-13

3.13 Gender issues 3-14

3.14 Project Awareness and Support 3-15 3.14.1 Project support 3-15

3.15 Social Problems in the Project Area 3-16

4 PUBLIC CONSULTATIONS AND DISCLOSURE 4-1

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4.1 General 4-1 4.1.1 Objectives of the Public Consultation during the RAP Study 4-1

4.2 Stakeholder Identification 4-2

4.3 Previous Consultations 4-3 4.3.1 Stakeholder Consultations at Scoping Stage 4-3 4.3.2 Summary of issues 4-3

4.4 Stakeholder Engagement 4-5 4.4.1 Consultations during the ESIA and RAP Study 4-5

4.5 Summary of Stakeholders Comments 4-7

4.6 Consultations with Project Beneficiaries 4-13

4.7 Focus Group Discussions 4-13 4.7.1 Land Ownership in the area 4-13 4.7.2 Social impacts of compensation 4-14 4.7.3 Youth Groups in the project area 4-14 4.7.4 Gender roles 4-15 4.7.5 Community perception of economic ability 4-15 4.7.6 Grave sites 4-15 4.7.7 Cultural sites in the area 4-16

4.8 Comments from Community Sensitisation Meetings 4-16 (a) Grievance mechanisms during and after Compensation 4-16 (b) Dumping of Spoil on People’s Land 4-16 (c) Possible earth movement and faults 4-17 (d) Interruption of school activities 4-17 (e) Possible minerals underground 4-17 (f) Relocation 4-17 (g) Transparency in Compensation Payment 4-17 (h) Absentee PAPs 4-18 (i) Possible flooding/ damage due to excess water 4-18 (j) Land use and acquisition of the wayleave above the Tunnel 4-18 (k) Cut- Off dates 4-19 (l) Direct benefits from the NCT-Phase 1 4-19 (m) Support for Aberdare Forest Conservation Initiatives 4-19 (n) Concerns on Sharing of Project Benefits 4-19

4.9 Preferred Compensation Modes 4-20

4.10 Disclosure of the RAP Report 4-21

5 IMPACT ASSESSMENT AND LIVELIHOOD RESTORATION 5-1

5.1 Eligibility Criteria for Compensation 5-1

5.2 Land loss 5-1

5.3 Loss of Structures 5-2

5.4 Impacts on Graves 5-3

5.5 Impact on Education Facilities 5-3

5.6 Impact on religious institutions 5-5

5.7 Impact on Public Infrastructure 5-5

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5.8 Loss of Crops and Trees 5-5

5.9 Impact on vulnerable members of the community 5-5

5.10 Management of the Wayleave after Compensation 5-6

5.11 Proposed Entitlement Matrix 5-7

6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION 6-1

6.1 Existing Institutions of Relevance to this RAP 6-1

6.2 Proposed RAP Implementation Arrangements 6-3

6.3 RAP Implementation Committee 6-3

6.4 Grievance Mechanisms 6-8 6.4.1 General Information 6-8 6.4.2 Existing Mechanisms for Dispute Resolution 6-8 6.4.3 Expected Grievances 6-8 6.4.4 Proposed Grievance Mechanism 6-9

6.5 Monitoring and Evaluation 6-13 6.5.1 Internal Monitoring 6-13 6.5.2 External Monitoring 6-13 6.5.3 Monitoring and Evaluation Indicators 6-14 6.5.4 Methods of Monitoring 6-14 6.5.5 Reporting 6-15

6.6 RAP Implementation Schedule 6-15

6.7 RAP Implementation Budget 6-17

7 CONCLUSION 7-1 List of Appendices Appendix 1 Minutes of Stakeholder and Community Sensitisation Meetings Appendix 2 Template of Household Survey Form Appendix 3 Template of Land and Asset Inventory Form Appendix 4 Response to Client Comments on Draft RAP Report List of Additional Volumes Volume 2: Land and Asset Valuation Report and PAP Records Volume 3: Land Verification Report and Land Acquisition Plan


LIST OF ACRONYMS

ACC Assistant County Commissioner ADR Alternative Dispute Resolution AFD Agence Française de Développement AIDS Acquired Immunodeficiency Syndrome AWSB Athi Water Services Board CEM County Executive Member CEO Chief Executive Officer CSR Corporate Social Responsibility DRSRS Department of Resource Survey and Remote Sensing DSDO District Social Development Officer ESIA Environmental & Social Impact Assessment FGD Focus Group Discussion ha Hectare HIV Human Immunodeficiency Virus KFS Kenya Forest Service Km Kilometre KTDA Kenya Tea Development Authority KWS Kenya Wildlife Service m Metre MCA Member of County Assembly MDGs Millennium Development Goals MLHUD Ministry of Land Housing and Urban Development mm Millimetre NCT Ph 1 Northern Collector Tunnel Phase 1 NCWSC Nairobi City Water and Sewerage Company NEMA National Environment Management Authority NGO Non-governmental organisation NLC National Lands Commission OP Operational Policy PAPs Project Affected Persons PASW Predictive Analysis Software PIU Project Implementation Unit RAP Resettlement Action Plan RAPIC RAP Implementation Committee SPSS Statistical Package for Social Sciences STI Sexually Transmitted Infection URTI Upper Respiratory Tract Infections VIP Ventilated Improved Pit-latrines WaSSIP-AF Water and Sanitation Services Improvement Project-Additional Funding WB World Bank WRMA Water Resources Management Authority


EXECUTIVE SUMMARY

Background Athi Water Services Board (AWSB) has commissioned GIBB Africa Limited to prepare a Resettlement Action Plan (RAP) for the proposed Northern Collector Phase 1 (the Project). The Government of Kenya received funding for the project from the Agence Française de Dévelopement (AFD) and additional financing from the World Bank for the Water and Sanitation Services Improvement Project-Additional Funding (WaSSIP-AF). The Project is aimed at increasing bulk water supply to Nairobi City and its environs. The proposed infrastructure for the project will run through three Counties namely Murang’a, Kiambu and Nairobi. Water will be abstracted from three rivers namely Gikigie, Irati and Maragua and transfer it through an 11.8km long tunnel to an outlet at Githika River that will eventually drain the water into the dam. This section is located within Murang’a County. After the dam, a new raw water gravity main will transfer the water to a Water Treatment Plant 6km downstream of the dam. The treated water would then be transmitted through a gravity main to Kabete Reservoir in Nairobi. This section is located parts of Murang’a Kiambu and Nairobi County. This RAP report covers the land requirements for the project infrastructure from the intakes to Githika outfall. The components under this RAP are therefore located within Kangema and Kigumo Sub-Counties of Murang’a County. The project will require land for construction of the above infrastructure. In addition to this, to maintain the integrity of the tunnel structure, any land uses likely to negatively impact the tunnel are prohibited. From discussions with the design engineer, these activities include sinking of boreholes, blasting and quarrying. To ensure that AWSB has total control of land uses above the proposed 11.8km tunnel, this report also proposes acquisition of a wayleave above the tunnel alignment. The total land take in Murang’a County will translate to approximately 18.366 acres of which approximately 97.4% is private land under freehold tenure. In a bid to mitigate and avoid negative impacts on the livelihoods of the current users of the affected land, this Report was prepared as per the requirements of World Bank’s Operational Policy on Involuntary Resettlement – O P 4.12.

Development of the Resettlement Action Plan Report The overall aim of the study was to develop a RAP to guide the resettlement and compensation activities while involving all the stakeholders especially the Project Affected Persons (PAPs) to allow for their meaningful contribution into the program. An in-depth literature review was carried out before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. A review of the Policy, Legal and Regulatory Framework for resettlement for this project was also done to guide the study. Some of the documents that were reviewed included the previous project study reports, Kenyan Land laws and sectoral policies of relevance to land, World Bank Operational Policies and sourcebooks with focus on resettlement and stakeholder engagement in preparation and implementation of resettlement programs. Prior to commencement of the field surveys, discussions were also held with the proponent, the design engineer, the Murang’a County Government and the Murang’a County Commissioner and her officers.

RAP for NCT Ph 1 ii April 2015

The project surveyors also acquired the latest available cadastral maps to guide the land acquisition studies. Household surveys and stakeholder consultations were held between 11 August and 4 September 2014 starting with community sensitisation meetings in 6 different locations along the project area. A census and baseline socio-economic survey was then conducted along with transect walks, Focus Group Discussions (FGDs) and Key Informant Interviews. A database was then developed for affected households in line with what was identified on the ground as guided by temporary benchmarks as set by the project surveyors. A land and asset survey was then conducted between 9 and 19 September 2014. The PAPs were involved in development of the Land and Asset Inventory through consultation in the development of a land and asset form for each affected PAP Unit. Land searches were then conducted with the Ministry of Land Housing and Urban Development (MLHUD) offices in Nyeri and Murang’a Town to verify land owners as identified during the door to door survey. The findings of this Study were then reviewed to compile the following outputs:

A Resettlement Action Plan Report in line with the requirements of O P 4.12;

Records of census data including photographs and IDs generated specifically for this RAP;

A Land Acquisition Plan (in CD-ROM) based on the latest available cadastral maps in the Project Area;

Land search results showing verification status of identified land owners;

A Land and Asset Valuation Report.

Cut-Off Date for Compensation The cut-off date for eligibility for compensation was set at 4 September 2014 for all PAPs in all the sub-locations in the project area. The cut-off dates were communicated to the Project Affected Persons (PAPs) during community sensitisation meetings. The community were also sensitized on the implication of the cut off date in line with World Bank’s Operational Policy on Involuntary Resettlement (O P 4.12).

Identification of Project Affected Persons A Total of 177 households corresponding to 657 persons will be directly affected by the land take at household level while a total of 8 public facilities corresponding to 8 public institutions will be affected. These institutions are:

Ichichi Secondary School;

Ichichi community’s football pitch;

Ichichi Primary School;

Gikigie Primary School;

Ngecha Tea Buying Centre;

Makomboki Primary School;

Makomboki Secondary School;

Bible Fellowship Church. The 177 household level PAPs include resident land and asset owners as well as the following:

1 land tenant;

2 tenants running a small hotel and a retail shop. These businesses are located in one business structure;

RAP for NCT Ph 1 iii April 2015

2 land-lords owning land and the business structure under bullet 1 and 2 above.

Socio-Economic Profile of the PAPs Land and Livelihood Streams The primary source of income among the PAPs is farming (65.7%) followed by formal employment (18.8%), trading (12%) with minimal engagement as farm labourers and construction workers (3.5%). For the PAPs land uses that directly support livelihood streams are cultivation of cash (tea and exotic trees) and subsistence crops. Land is also used as a measure of wealth and social standing. Indeed among the PAPs, land and the developments upon it is viewed as one of the key indicators used in social standing in the community. Key indicators linked to land include the size of land one has and the produce from that land. Land is therefore a fundamental factor in the livelihoods of majority of the PAPs while security of tenure provides peace of mind, social standing and the ability to actively engage in economic activities. Housing Majority of the affected houses can be defined as semi-permanent (71%) as they are constructed with wood and mud walls and corrugated iron sheets. Permanent structures (29%) consist of stone walls and bricks, again with a majority having corrugated iron sheet roofing. The nature of the floors is almost evenly distributed between earthen and cement floors. The type of housing is also uniformly distributed among male and female headed households. There is only one mud walled house which is owned by a male headed household. From consultations with key informants, there is a risk of homelessness among the vulnerable, mainly women and children if the male household heads misuse compensation funds. The RAP implementation team should therefore consider staggered and monitored payment of funds based on milestones for re-establishment of housing. This should also be countered with sensitisation on financial management in a bid to ensure that the decision makers in the family do not misuse the money and leave the families without any shelter. Education The county has 634 primary schools, 6,324 teachers, total enrolment of 214,986 and a transition rate of 70 percent. On average 70% of the members of the community live between 1.1km and 4.9km to the nearest primary school. Among the PAPs a majority of the household heads and their spouses have attained basic primary education, with only 13% having no formal education whatsoever. To communicate and mobilise the community effectively during implementation of the RAP, mobilization strategies should include, public meetings conducted or translated in the local language, radio adverts in the local language and posters posted in the accessible public places in both Swahili and Local languages. Water Supply and Sanitation The County at large and project area are supplied by several water schemes. At the County level, there are 27 water supply schemes but water supply coverage in the County is at 30%. Findings of the household survey show that majority (93.23%) of the persons in the project area use pit latrines. Three (3no) water tanks located in Kangari and Kinyona and nine (9no) pit latrines are to be affected by the land take. Re-establishment of these structures should be prompt to ensure that there is no adverse effect on water storage and human health.

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Energy Sources Firewood was the main source of cooking fuel accounting for about 70.68% while battery lamps are the main source of lighting. However, one of the assets affected at the household level is a biogas installation located in Kangari. Prompt re-establishment of this facility should be done to ensure that the alternative energy source enjoyed by the PAP is retained. Gender Analysis Men own and control most of the household resources such as land, livestock, trees and other income generating properties. Gender imbalances still exist in decision making, resource control, and production processes mainly due to very strong traditional/cultural beliefs and practices. For instance, household heads will make decisions on family income, crop and animals to be sold as well as when to take children to school. Lessons learnt from gender issues during the implementation of the RAP for the Thika Dam project were also considered. This RAP report provides recommendations to strengthen women participation in the RAP implementation process.

Proposed Resettlement and Compensation Measures In line with O P 4.12, majority (99%) of the PAPs fall under category (a) with the rest (tenants) falling under category (c). This report therefore proposes compensation for loss of all these assets at full replacement cost. Majority (80%) of the PAPs opted for cash compensation. Additional assistance proposed for this project has therefore taken this into consideration.

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Table 1 Proposed Entitlement Matrix

Category Land Owners Tenants (including squatters)

Institutions (schools, church)

Comments

Land Cash or in-kind compensation at full replacement cost. The land should be in the same locality with the same level of productivity.

- Cash or in-kind compensation at full replacement cost, taking into account market values for land

Where land take is more than 80% acquisition of the entire affected parcel

- - Affected households under this category are mainly at Ichichi area

Structures Compensation at full replacement cost, taking into account market values for structures and materials Right to salvage assets and materials

Right to salvage own assets and materials Compensation for structures, taking into account market values for materials

Compensation at full replacement cost, taking into account market values for structures and materials Right to salvage assets and materials

Issuance of these funds should be checked and monitored carefully to ensure re-establishment of housing for the sake of vulnerable groups

Crops and Trees

Compensation at full replacement cost



-Opportunity to harvest and salvage fodder, fruits and timber

Graves Written agreement with the PAP to allow them access to the grave sites during project operation period.

- - Only two graves on one land parcel were declared by the PAPs. They will not need to be relocated.

Additional assistance

Moving allowance to be covered under a 15% disturbance allowance based on the value of assets

Allocation of Kshs 10,000 to allow for hiring of a vehicle to travel to the resettlement area


Relocation allowance for tenants covers the vicinity of their current location in Murang’a County.

Sensitisation on update of land ownership documents


Where necessary, facilitation of efficient processing of succession and land subdivision processes by AWSB and the Murang’a County Government PAPs given at least 4 months to relocate

PAPs given at least 3 months to relocate to an area where they can live and work legally

Facilitation of sourcing for replacement land between AWSB and the Murang’a County Government

In-kind replacement of affected structures at the secured resettlement site

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This report also proposes a program to secure the wayleave for the project while ensuring that there is no blocked access to adjacent land by the neighbours of the project land.

Proposed RAP Implementation Arrangements This report proposes a three tier mechanism for implementation of this RAP:

A RAP implementation mechanism (RAPIC);

A grievance resolution mechanism;

A monitoring and evaluation mechanism. The proposed RAPIC consists of representatives from AWSB, County Government of Murang’a, Ministry of Interior and Co-ordination as well as elected PAP representatives. Specific roles and responsibilities are proposed for the members of this RAPIC with AWSB taking the main co-ordination, record keeping and internal monitoring and evaluation roles. The proposed grievance resolution mechanism has a three levels prior to consideration of court systems and to allow for majority of the expected arising grievances to be handled at sub-county level. The highest level identified under this mechanism is the Land and Environment Court as required by the Constitution, while the lowest level is as per the policy direction given by World Bank, The Kenya Land Policy and the Constitution. The proposed implementation schedule is expected to run for ten (10) months commencing with disclosure of proposed entitlements at household level and community mobilisation and concluding with a close-down audit. The RAP implementation budget including compensation funds and select administrative costs is estimated at Ninety One Million Kenya Shillings (Kshs 91,000,000). The recommendations under this RAP are aimed at enabling compensation payment and resettlement of PAPs prior to the contractor taking possession of any construction site.

RAP for NCT Ph 1 1-1 April 2015

1 INTRODUCTION

The Government of Kenya has received funds from the Agence Française de Développement (AFD) and additional financing from the World Bank for the Water and Sanitation Services Improvement Project (WaSSIP). The Northern Collector Phase 1 (the Project) includes the following components:

Transfer of water from Maragua River, Irati River and Gikie River to Thika dam (Ndakaini dam);

Construction of raw water gravity main from Thika dam to the proposed Water Treatment Plant 6km downstream of Thika dam;

Construction of Water Treatment Plant 6km downstream of the dam; and

Construction of treated water gravity main up to Kabete reservoirs (capacity 1.60m3/s)

via Ngethu and Gigiri Water Treatment Plants to meet the city’s year 2017 water demand.

The project is derived from Nairobi Water Master Plan for Developing New Water Sources for Nairobi and 13 Satellite Towns namely Kikuyu, Ruiru-Juja, Kiambu, Karuri, Githunguri, Mavoko Municipality, Ngong Township, Ongata Rongai, Thika, Gatundu, Limuru, Lari and Tala-Kangundo. GIBB Africa Limited was commissioned to conduct an Environmental and Social Impact Assessment for the proposed project. In a bid to mitigate the socio-economic impacts that would arise from land take for purposes of the project; a Resettlement Action Plan (RAP) study was conducted concurrently with the ESIA Study. This report provides the findings of the RAP study for the project.

1.1 Project Location

The proposed project is located in Murang’a, Kiambu and Nairobi County. The components covered under this RAP however are located in Kangema and Kigumo Sub-Counties of Murang’a County. Murang’a town is the County Headquarters, while the Sub-County Headquarters for Kangema and Kigumo are located in Kangema and Kigumo towns respectively. A map showing the affected areas is shown in Figure 1-1.


Figure 1-1 Project Location

Source: DRSRS, 2014 for AWSB

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1.2 Project components necessitating resettlement

1.2.1 Description of the Project Components

The proposed project components are:

Development of an 11.8 km tunnel with a 3 m finished internal diameter from intakes at the Maragua, Gikigie and Irati Rivers to an outlet at the Githika River near Makomboki, upstream of the existing Thika Reservoir;

River diversion weir and related intake hydraulic structures at Maragua River including: o 20 m wide, 5 m high weir including trench diversion intake o 37 m long, 4 m deep de-silting basin o Compensation channel

River diversion weir and related intake hydraulic structures at Gikigie River including: o 14 m wide, 3.3 m high weir including trench diversion intake o 17 m long, 2 m deep de-silting basin o Compensation channel

River diversion weir and related intake hydraulic structures at Irati River including: o 20 m wide, 4.4 m high weir including trench diversion intake o 25 m long, 2 m deep de-silting basin o Compensation channel

Drop shaft and connection gallery connecting the Irati intake to the main tunnel

River outlet at Githika River including: o Cut and cover portal outlet from the main tunnel o 20 m long outfall stilling basin structure

Drop Shaft and connection adit at the Irati intake; Assessment of the project components necessitating resettlement were classified as follows:

Land take for construction of above ground structures / works namely: o The 3 intake works; o Drop shaft and connection gallery connecting the Irati intake to the main tunnel; o Drop Shaft and connection adit at the Irati intake; o The outfall structure including the outlet from the main tunnel and the stilling basin

structure;

Land take for below ground structures namely the tunnel;

Temporary land acquisition for the Construction Phase.

1.2.2 Land take for above Ground Structures The assessment for land take for above ground structures was based on the land requirements for installation of these structures and all related appurtenant structures. The total footprint for land take for these structures was therefore based on the land requirements as determined by the footprint of the structural drawings as provided by the design engineer. Table 1-1 summarises these land requirements. Table 1-1 Land Take for Above Ground Structures / Works

Section of the project Total land required (acres)

Maragua Intake 2.840

Gikigie Intake 1.620

Irati Intake 1.448

Githika outfall 4.258

Total 10.166


A visual presentation of this land take is provided in Plate 1-1. Plate 1-1 Visual Presentation of Land Take for Above Ground Structures

Photo 1: Maragua Intake structure as presented in the Projects Detailed Design Drawings

Photo 2: Current Land Uses at Intakes Note the presence of Tea Plantations and woodlots adjacent to the river bank and inside the land parcels.

Tunnel

Proposed Weir


Photo 3: Githika Outfall as presented in the Projects Detailed Design Drawings

Photo 4: Current Land Uses at Githika Outfall

Due to the nature of activities in these areas during the operational phase of the project, this RAP proposes outright acquisition of this land.


1.2.3 Land take for the Tunnel (a) Right of Way for the Northern Collector Tunnel The tunnel is expected to be located from a minimum of approximately 9m and a maximum of about 215m below the ground with an internal diameter of 3m. Above the ground, this right of way translates to a corridor covering 8.7 acres. Upon review of the cadastral maps sourced from Surveys of Kenya, this corridor translates to 8.201 acres of private land. The Environmental and Social Impact Assessment (ESIA) Study findings for the Northern Collector Tunnel, established that there is a minimal risk of landslides and seismic tremors should the construction phase include rock blasting and tunnel boring methods. The RAP study therefore aimed at reviewing the community health and safety risks faced by the above ground land users, if any for persons conducting activities above ground or below ground and in the proximity of the underground tunnel’s right of way. The findings of this assessment were then used to give recommendations on mitigation, eradication or compensation for losses arising from these risks. A visual presentation of this land take is provided in Plate 1-2. Plate 1-2 Visual Presentation of Land Take for Above Ground Structures

Photo 3: Section of the Pipeline as presented in the Projects Detailed Design Drawings


Photo 4: Sample cross section of the actual location of the tunnel relative to the ground level

Photo 5: Sample of land uses above the tunnel-dormitory building for a local high school

Photo 6: Sample of land uses above the tunnel- Rental Unit

(b) Restriction of Land Uses above the Tunnel To maintain the integrity of the tunnel structure, any land uses likely to negatively impact the tunnel are prohibited. From discussions with the design engineer, these activities include sinking of boreholes, blasting and quarrying. At the time of the RAP study, none of these activities were being conducted above the proposed tunnel route.

Tunnel

Existing Ground Profile


(c) Literature Review on the Impact of Tunnelling Ground Movement Review of a study conducted for the United Kingdom Department for Transport (2013) on tunnelling shows that majority of ground movements occur during tunnel excavation or shortly afterwards. During excavation, the volume of soil lost from the underground extraction is likely to create a shallow depression on the surface. This will be directly synonymous to the:

Diameter of the tunnel / its shape;

Depth of the tunnel which in this case is a range of between 10 to 100meters below the surface;

Construction method adopted by the contractor; and

Ground properties.

Once tunnel construction is completed, some soils – such as clays or fine silts – can undergo further ground movement. This is termed ‘consolidation settlement’. Movements can sometimes be similar in magnitude to those experienced from tunnel construction. However, consolidation occurs uniformly, over a longer period and a greater area; hence its effect on buildings and utilities was found to be minimal. The study also showed that the volume of the settlement trough can be expressed as a percentage of the excavated volume of the tunnel – this is termed the ‘volume loss’. It also reported that there are well-documented case histories and research projects relating to tunnel construction and how ground has settled. Observed settlements have generally been lower than predicted maximum values, and have typically ranged between 5mm and 25mm, depending on the above factors. According to the literature review, preliminary “green field” assessment can be conducted by engineers, to predict the expected level of settlement. Where the predicted settlement is less than 10mm (or where the predicted ground slope is less than 1:500), experience shows that buildings and structures generally are not affected. In the final design report for the Northern Collector Tunnel, modelling of likely ground movements was done using finite element analysis for sections of the tunnel through soft rocks and residual soils considered to be of relatively low strength of the ground compared to other sections of the alignment. The modeling was to inform the design of support during construction and consider the effectiveness of primary support proposed. The maximum deformation anticipated (considering excavated tunnel with primary support) at caverns from the modeling was evaluated as approximately 5mm for Kaanja and 10mm for Gikigie. Considering the literature review above, these modeling findings therefore pre-suppose that there will be no expected impact on buildings and structures above the tunnel. Noise and Vibration Literature review shows that noise and vibration may be perceptible for very short periods during construction, particularly as the tunnel boring machine passes a property. The impacts on noise for tunnels transmitting water is however not readily available. As such, this report focuses on noise levels during construction. Land uses that are particularly sensitive to noise in the immediate vicinity of the top-side of the tunnel’s right of way are:

Educational uses namely: o Ichichi Primary School; o Ichichi Secondary School; o Gikigie Primary School; o Makomboki Primary School; o Makomboki Secondary School;


o Religious uses namely Bible Fellowship Church. (d) Recommendations under the ESIA and RAP study This report proposes the following: Land Uses above the Proposed Tunnel

To ensure that the prohibited activities are not conducted above-ground and within the tunnel alignment by the (current and future) land owners, this RAP proposes outright acquisition of a wayleave (above ground) covering a width of 3m from the centreline of the tunnel, for the entire length of the tunnel alignment;

Proposals to prevent future encroachment on this wayleave are also proposed in this report;

For the noise sensitive land uses, this report proposes the following: o Communication on the construction activities that are likely to result in high

noise levels; o Compliance with the Environmental Management and Co-ordination (Noise

and Excessive Vibration Control) Regulations.

For unprecedented damage due to tunnelling activities

Should the integrity of structures in the vicinity of the tunnel be negatively impacted during the construction phase of the tunnel, this report proposes compensation payment to those structure owners, to enable them re-establish their structures after the construction phase;

The determination of liability by the project should be done by a technical team that should include a qualified structural engineer;

The Excavation Performance Review should immediately inform the Project Implementation Unit, on need to relocate and compensate any newly affected structure owners along and around the tunnel alignment. Due to this, the Construction Supervision Team should include a land and asset valuer to provide valuation services for determination of compensation for the affected persons. The compensation estimates under this RAP Report include a 15% contingency allowance to cover such eventualities;

For the long-term impacts that arise due to settlement over time, this report proposes that AWSB through NCWSC maintains a public complaints desk for immediate action on complaints by structure owners within and around the tunnel alignment. A grievance resolution mechanism should also be set to manage any emerging issues on impacts on structures.

1.2.4 Temporary Land Acquisition for the Construction Phase

By the time this report was going to print, any temporary land requirements that may arise during the construction phase had not been established. Temporary land acquisition is usually done to cover for loss of private property or temporary loss of access to private property as a direct result of construction activities. In such cases, access to the construction site would also be affected if the aggrieved owners of the assets are not compensated for the losses. From our understanding of construction activities, these temporary land requirements may arise due to the following reasons:

Need for space for movement by the contractors machines: Machines that usually require a lot of space to manoeuvre within the construction site sometimes destroy private property outside the permanently acquired land;

Need for storage areas or space for stock-pilling of materials and spoils: this would only occur if the space provided for permanent land acquisition is not adequate;

Borrow sites for provision of murram.


This RAP does not cover any additional land requirements that the contractor may need during the construction phase. As such, it is imperative that the construction phase budgets include a bill item or a provisional sum for compensating affected persons on any emerging losses due to temporary land acquisition and / or damage of private property due to construction activities. This item should however not cover unjustified or wanton destruction of property due to negligence or lack of diligence by the Contractor.

.

1.3 Objectives of the RAP

A RAP study is a field assessment with the aim of identifying and consulting persons affected by a project or a proposed development and stakeholders influenced or having an influence on the project. The above exercise leads to the development of a time-bound plan with a budget for compensation of Project Affected Persons (PAPs) and its implementation. The main objectives of the RAP study for the proposed northern collector tunnel were:

Identification of Project Affected Persons (PAPs);

Identification of land parcels to be acquired for development of project infrastructure;

Collection of qualitative and quantitative baseline socio-economic data of PAPs;

Establishment of entitlements to PAPs;

Collection of preferences for compensation;

Collection of comments and perceptions of the PAPs with regard to the study;

Development of a RAP.

1.4 Cut-off dates for eligibility for compensation

The cut-off date for eligibility for compensation was set at 4 September 2014 for all PAPs in all the sub-locations in the project area. The cut-off dates were communicated to the Project Affected Persons (PAPs) during community sensitisation meetings. The community were sensitized on the implication of the cut off date in line with World Bank’s Operational Policy on Involuntary Resettlement (O P 4.12).

1.5 RAP Study Methodology

1.5.1 Desk study

An in-depth literature review was carried out before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. Since literature review is a continuous exercise, more documents were reviewed during reporting stage. Some of the documents that were reviewed included:

Previous project study reports including: o Feasibility Study and Master Plan for Developing New Water Sources for

Nairobi and Satellite Towns Volume I: Preliminary Design Report – Northern Collector Phase I Project (July 2012)


o Final Detailed Design Drawings; o Project Survey Reports;

Kenyan land laws including: o Land Act 2012; o Land Registration Act, 2012; o National Lands Commission Act, 2012; o Environment and Land Court Act, 2011;

World Bank operational policies and sourcebooks with focus on: o Involuntary Resettlement Policy (O P 4.12); o Involuntary Resettlement Source Book-Planning and Implementation in

Development Projects; o A Guide to Designing and Implementing Grievance Mechanisms for

Development Projects.

1.5.2 Field Work Preparation Activities Prior to commencement of the field activities, the study team consulted the following key informants:

The project’s Design Engineer at the AWSB offices to discuss the project components necessitating resettlement as well as to provide the survey reports on the affected land parcels;

Officials of the Ministry of Interior and Co-ordination i.e. the Murang’a County Commissioner District Commissioner and her officers including the area Chiefs and Village Elders.

Prior to commencement of the main field activities, the RAP team conducted a courtesy call with the area Chiefs and their assistants to sensitise them on the household survey requirements.

1.5.3 Determination of the Project Footprint Cadastral maps were acquired from the Ministry of Land Housing and Urban Development (MLHUD) offices in Murang’a Town and Nyeri Town in order to:

Determine the project footprint of relevance to land take;

Identify affected land parcels;

Determine the size of land to be acquired at land parcel level. The proposed project shape-file was then superimposed on digitised cadastral maps. This output is presented in soft copy (CD-ROM) as part of Volume II of this Report. (See Volume II: Land Ownership Verification Report). The study surveyors also set-out the alignment of the affected land parcels through temporary pegging.

1.5.4 Transect Walks The study team conducted reconnaissance of the project area with focus on the area affected by the land take.

1.5.5 Community Sensitisation Meetings The objectives of the community sensitisation meetings were:

Describing the Project footprint from intake in Kiruri Location to the outfall in Makomboki Location in Kangema and Kigumo Sub County respectively;

Setting and agreeing on the Cut- Off dates for compensation as per World Bank’s O P 4.12;


Information dissemination and sensitisation on the RAP study activities, especially those that would require active PAP participation;

Discussions and agreement on the schedule and modalities for the household survey (census, enumeration and valuation exercises). This included an explanation of the PAPs’ roles in the exercise including the documentation required during the census and the valuation activities;

Collection and collation of public comments on resettlement. A total of six (6 no) community sensitisation meetings were held in the project area as outlined in Table 1-1. In attendance were the affected persons, AWSB representatives where possible, area Chiefs, village elders and the study sociologists.

Table 1-1: Community Sensitisation Meetings held during the RAP Study

No. Location Date Venue

1. Ichichi and Karura

11 August, 2014 Ichichi Chief’s Camp

2. Kiruri 12 August, 2014 Kiruri Chief’s Camp

3. Makomboki/ Kandenderu

13 August, 2014 Makomboki Chief’s Camp

4. Kangari/ Mairi 13 August, 2014 Mairi Shopping Centre

5. Kinyona 14 August, 2014 AP- Line/ Kinyona Dispensary

6. Gacharage 14 August, 2014 Gikigie Primary School

Attendees were informed of the proposed project and the project footprint earmarked for land take. The sociologist also sensitised the attendees on the project goals and benefits. After the presentations the attendees were given the opportunity to give their views, comments and queries. As such, the meetings provided a platform for expression of overall opinions, issues and concerns by community members who live on or conduct economic activities on the targeted right of way for the project. Issues arising from the meetings are presented in Chapter 4 of this report while minutes of meeting are presented in Appendix 1.

1.5.6 Household Survey A household survey was conducted from 25 August to 4 September 2014 through administration of a questionnaire (See Appendix 2: Household Survey Questionnaire). The targeted group for the survey was the households and businesses located on the identified wayleave for the project. The questionnaire was prepared in English but it was administered by the trained enumerators in English, Kiswahili and Kikuyu. Enumerators were recruited from within the project area and trained prior to pre-testing of the tool in the field. For cases where the PAP Unit representative was not available for enumeration, responses were sought from the representatives of the household head or adult persons belonging to the household. Absentee PAPs who did not have any representatives at all were identified through the assistance of village elders. Specific outcomes of the household survey are collection of census data and collection of primary data for the baseline socio-economic survey as outlined in the following sections. The output from this exercise is provided in soft copy (CD-ROM) as Volume III: Census and Baseline Socio-Economic Data.


Census The main aim of the census exercise was to:

To identify the Project Affected Persons (PAPs) living or practising any activity within the wayleave due for acquisition;

To determine the recipients of the various entitlements arising from loss of productive assets located within the identified wayleave for the project;

Identify property owned by each PAP;

Collate information on preferred compensation modes by each PAP Unit. During the census, the following activities were conducted:

Identification of all PAPs through a pre set questionnaire and interview guides as follows:

Separate questionnaires for households and business entities;

Institutions managing public and community assets were identified through key informant interviews using interview guides;

Photograph taking of PAP unit representatives;

Distribution of PAP IDs. The PAP IDs were generated specifically for the RAP Study and using a pre-set code and signed by the PAP unit representative in duplicate. One ID was left with the PAP the other retained for onward transmission to AWSB.

Socio-economic baseline survey In order to establish the current living conditions of the people living within the project area primary data collection was done through administration of questionnaires. The objectives of the survey were as follows:

To prepare a socio-economic profile of PAPs;

To assess incomes, identify productive activities, and collect data to plan for income restoration;

To identify possible vulnerable groups. Data collected from the household survey included:

Demographic characteristics of the PAPs;

Sources of income and economic activities of the PAPs;

Marital status of the PAPs and the number of household members who would be affected by the project.

Levels of education of the household head and other members of the PAP household;

Levels of education of the business owners. Data Analysis The analysis of quantitative data was done using PASW (Predictive Analytics SoftWare), formally known as Statistical Packages for Social Sciences (SPSS). Data was presented in form of prose, tables, matrices, pie charts and graphs. Data collected from the household survey was triangulated with information from site surveys, observations by the sociologist, focus group discussions and key informant interviews.


1.5.7 Key informant interviews Key informant interviews were conducted with the following stakeholders:

Officials from the Ministry of Interior and Co-ordination led by the Murang’a County Commissioner;

Heads of Government Ministries located at Muranga County;

Representatives from the Murang’a County Government;

The project proponent (AWSB);

Project design team;

Representatives of Nairobi Water and Sewerage Company dealing with environmental and social issues including resettlement and wayleave management.

The main objectives of the above exercise were to:

Introduce the consultancy team and the scope of work;

Obtain more information about the project area;

Obtain views of the local area administration on the project;

Collect baseline information on the project area.

Obtain lessons learnt from previous resettlement programs in the project area; namely Thika Dam.

1.5.8 Land and Asset Valuation

The land and asset survey was conducted from 9 to 19 September 2014 using a land and asset survey form (See Appendix 3). The land and asset survey forms were then used to prepare a land and asset inventory after which valuation was done using full replacement cost method as outlined below: (a) Land

Land and tea was valued based on recent comparable sales approach. Sales values for land with tea and land without tea was established, and the difference between the two sales was apportioned to tea. The land sales values were established from comparable sales found at the Local Ministry of Lands Registry and also from the Elders in the project area.

(b) Structures Structures have been valued based the contractors’ method. This method is used to determine construction cost of similar or improved structure elsewhere within the location.

(c) Crops and trees Crops have been valued based on the Ministry of Agriculture guidelines for each type of crop as well as current market values of the affected crops in the locality. Trees were valued based on the value of the net product of the tree type; in terms of fruit, timber and other wood products.


(d) Verification of Land Ownership From the existing Cadastral Maps in the area, land searches were conducted on the plots to be affected by the project components covered under this RAP. The initial results showed that a lot of sub-divisions had been done on these parcels hence the titles deeds were closed. This exercise was then repeated to identify the land owners of the sub-divided parcels as per the new LR Numbers provided by the Ministry of Lands Offices in Murang’a. (See Volume III: Land Ownership Verification Report). This report therefore proposes that due to the absence of the up-to date cadastral maps, the RAP implementation Committee and the Grievance Handling and Resolution Mechanism will require inputs by the Lands Registrar to clarify any queries and / or grievances over any disputed boundaries during payment of compensation. (See Chapter 6 of this Report on Proposed Institutional Mechanisms for RAP Implementation).


2 POLICY AND LEGAL FRAMEWORK

2.1 Policy Framework

2.1.1 National Land Policy

According to the Land Policy, rights of ownership refer to the quantity of rights that different tenure systems confer on individuals or groups of individuals. The principal rights of ownership are the right to use, the right to dispose of, and the right to exclude others from the land owned. The definition and scope of these rights to land differ from one tenure system to another, depending on policy considerations such as the need to ensure equity in access to land. According to the Land Policy, the Kenyan cadastre is still very in-optimal. An optimum cadasre system is necessary to ensure an efficient system of land delivery. In practical terms, this would allow not only for preparation and maintenance of cadastral information that indicates who owns what interest in land; but other details such as land capability, uses, size, distribution and topographical characteristics. The policy also recognises the important of local grievance resolution mechanisms and sets forward proposals for implementation of the same. For example it calls for encouragement and facilitation of the use of Alternative Disputes Resolution (ADR) mechanisms such as negotiation, mediation and arbitration to reduce the number of cases that end up in the court system and delayed justice. With regard to land take for public purposes, Section 3.2 of the policy on compulsory acquisition has been overtaken by events since the promulgation of the 2010 Constitution. More up to date items of relevance to this RAP are enshrined in the Kenyan Constitution and the new land laws that came into effect after 2012. This policy document is important for establishment of the government’s tenets on land ownership, security of tenure and registration of land ownership instruments. The document also provides historical facts on challenges to security of tenure and settlement in the country. The policy recognizes that the land rights of vulnerable individuals and groups are not protected and are subject to bias and discrimination. Further, the vulnerable lack cohesive institutions to represent their interests. The policy identifies that while the Law of Succession Act was supposed to harmonize inheritance laws, in practice the transmission of land rights is largely done within customary law, which discriminates against women and children. To secure access to land and land based resources for vulnerable groups, the Government shall:

Develop mechanisms for identifying, monitoring and assessing the vulnerable groups;

Put in place mechanisms for redistribution of land and resettlement;

Facilitate their participation in decision making over land and land based resources;

Protect their land rights from unjust and illegal expropriation. To protect the rights of women, the Government shall:

Put in place appropriate legislation to ensure effective protection of women’s rights to land and related resources;

Repeal existing laws and outlaw regulations, customs and practices that discriminate against women in relation to land;


Enforce existing laws and establish a clear legislative framework to protect the rights of women in issues of inheritance to land and land-based resources;

Make provision for joint spousal registration and documentation of land rights, and for joint spousal consent to land disposals, applicable for all forms of tenure;

Secure inheritance rights of unmarried daughters in line with the practices of the respective communities;

Facilitate public awareness campaigns on the need to write wills to protect dependants in the event of death;

Carry out public education campaigns to encourage the abandonment of cultural practices that bar women from inheriting family land; and

Ensure proportionate representation of women in institutions dealing with land at all levels.

To secure the rights of spouses to matrimonial property, the Government shall:

Review succession, matrimonial property and other related laws to ensure that they conform to the principle of equality between women and men;

Enact specific legislation governing division of matrimonial property to replace the Married Women’s Property Act of 1882 of England;

Protect the rights of widows, widowers and divorcees through the enactment of a law on co-ownership of matrimonial property;

Put in place appropriate legal measures to ensure that men and women are entitled to equal rights to land and land-based resources during marriage, upon dissolution of marriage and after the death of the spouse; and

Put in place mechanisms to curb selling and mortgaging of family land without the involvement of the spouses.

2.1.2 World Bank Operational Policy on Involuntary Resettlement-O P 4.12

The policy requires that a Resettlement Action Plan be developed for a project that would require resettlement of people. Throughout project implementation supervision of the implementation of the resettlement instrument is done to ensure that the requisite social, financial, legal, and technical experts are included in supervision missions. Supervision focuses on compliance with the legal instruments, including the Project Implementation Plan and the resettlement instrument. The World Bank (WB) OP 4.12 includes safeguards to address and mitigate impoverishment risks arising from involuntary resettlement. For the purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. The Bank’s experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise negative socio-cultural and economic impacts on the resettled people. For this reason, the overall objectives on WB’s policy on involuntary resettlement are:

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;

Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.


During the ESIA study, the policy recommends the following:

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

Borrower needs to inform potentially displaced persons at an early stage about the resettlement aspects of the project and take their views into account in project design;

Displaced persons and their communities, and any host communities receiving them, should be provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement.

2.1.3 World Bank Policy on Gender and Development -O P 4.20

The objective WB’s Gender and Development policy is to assist member countries to reduce poverty and enhance economic growth, human well-being, and development effectiveness by addressing the gender disparities and inequalities that are barriers to development. Projects are expected to take into consideration the gender dimensions of the proposed intervention. This study considered the gender dimensions of the project by collecting data whilst considering gender segregation. The enumeration team also had representation from both genders with respect to the fact that some women may be shy to talk to men and vice versa. A special meeting was also organised for women in the project area as part of the study activities for gender analysis in the project area.

2.2 Legal Framework

2.2.1 The Constitution of Kenya

The Constitution of Kenya categorises land as follows:

Public Land;

Community Land;

Private Land. The Constitution also provides that the National Land Commission shall recommend a National Land Policy to the National Government while Parliament shall revise and enact legislation to ensure implementation of the issues outlined in it. Section 40 of the Constitution of Kenya recognizes and protects the right to private property including land. However, Section 40(3) (b) provides that the State may take possession of private land if this is necessary for public purpose or in public interests. The Constitution also requires that compulsory acquisition be preceded by prompt payment in full, of just compensation to the affected person. It also allows any person who has an interest in or right over, that property a right of access to a court of law.

2.2.2 The National Land Commissions Act 2012 This is an Act of Parliament to make further provision as to the functions and powers of the National Land Commission, qualifications, and procedures for appointments to the commission; to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes.


Compulsory Acquisition in Kenya is also to be handled by the National Lands Commission. Other mandates of the Commission include management of public land on behalf of the national and county governments. The Act also mandates the Commission to ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations. Thirdly, the Act empowers the Commission to administer all unregistered trust land and unregistered community land on behalf of the county government.

2.2.3 The Land Act 2012 This is an Act of Parliament intended to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes.

(a) Principles and values to guide Land management and administration

Parts 1 and 2 of section 4 of the Act outline the main guiding principles in land management and administration, binding to all land actors including state officers. These principles are to be applied when enacting, applying or interpreting any provisions of this Act; and when making or implementing public policy decisions. In discharging their functions and exercising of their powers under this Act, the Commission and any State officer or Public officer shall be guided by the following values and principles:

Equitable access to land;

Security of land rights;

Sustainable and productive management of land resources;

Transparent and cost effective administration of land;

Conservation and protection of ecologically sensitive areas;

Elimination of gender discrimination in law, customs and practices related to land and property in land;

Encouragement of communities to settle land disputes through recognized local community initiatives;

Participation, accountability and democratic decision making within communities, the public and the Government;

Technical and financial sustainability;

Affording equal opportunities to members of all ethnic groups;

Non-discrimination and protection of the marginalized;

Democracy, inclusiveness and participation of the people and

Alternative dispute resolution mechanisms in land dispute handling and management.

(b) Compensation in respect to Public Right of Way

Section 143 of the act empowers the Commission to create public rights of way. A public right of way may be: (a) a right of way created for the benefit of the national or county government, a local authority, a public authority or any corporate body to enable all such institutions, organisations, authorities and bodies to carry out their functions, referred to in the Act as a wayleave; or (b) a right of way created for the benefit of the public, referred to in section 145 of this Act as a communal right of way. A public right of way shall attach to and run with the servient land in respect of which it has been created and shall be binding on all owners from time to time of the servient land, any manner they are occupying the land, whether under a land or a derivative right thereof, or under customary law or as a successor in title to any such owner or as a trespasser.


This section is relevant to the tunnel as its right of way is expected to run under private land. Section 144 (1) states that an application, for the creation of a wayleave, shall be made by any State department, or the county government, or public authority or corporate body, to the NLC. In applying for wayleave, section 144(4) requires the applicant to serve a notice on:

All persons occupying land over which the proposed wayleave is to be created, including persons occupying land in accordance with customary pastoral rights;

The county government in whose area of jurisdiction land over which the proposed wayleave is to be created is located;

All persons in actual occupation of land in an urban and per-urban area over which the proposed wayleave is to be created; and

Any other interested person. Subsection (5) requires the Commission to publish the application along the route of the proposed wayleave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed wayleave is likely to be created. Section 145 (1) provides that a county government, an association, or any group of persons may make an application to the commission for a communal right of way. Once an application has been made to the Commission, the determination for creation of a wayleave is conducted as per section 146 of the act and includes:

The Commission, after at least ninety days from the date of the serving of notices, considering all the information received and all representations and objections made by any person served with a notice and recommending to the Cabinet Secretary whether to:(i) appoint a public inquiry to give further consideration to the representations and objections; or (ii) refer the application to the County Government for its opinion on whether to approve the application; or (iii) initiate and facilitate negotiations between those persons who have made representations on the application and the applicant with a view to reaching a consensus on that application;

The Cabinet Secretary determining whether or not to create to create a public right of way, after taking account, as the case may be, of:(a) the recommendations of the Commission; or(b) the advice of the county government; or (c) the outcome of any negotiations referred to above;

The Cabinet Secretary creating a public right of way by order in the Gazette. The order comes into force thirty days after its publication in the gazette.

An appeal against an order creating the wayleave is allowed within six weeks after the order has been made. Such appeal is made to the Court on a point of law against an order made by the Cabinet Secretary, but apart from such an appeal, an order of the Cabinet Secretary shall not be questioned by way of judicial review or otherwise in any court. According to section 148, prompt compensation shall be payable (by the State Department, county government, public authority or corporate body that applied for the public right of way) to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a wayleave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer.


In case of disagreement or dissatisfaction on amount or method of or time taken to make payment, the affected individual may apply to court for determination and award. Section 148 (6) stipulates that the Commission shall make regulations prescribing the criteria to be applied in the payment of compensation. However, these regulations are yet to be gazetted.

(c) Acquisition of Private Land for Public Use Section 110 (1) of the Land Act 2012 states that land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfillment of

the stated public purpose. Under such an acquisition, section 111(1) provides that if land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The procedure for land acquisition is laid out in Part VIII of the Act. The procedure can be summarised as outlined in Figure 2-1. Highlights of requirements under this process are:

The Act requires that the owners, residents and their spouses should also be notified; as opposed to just the owners;

The inspector would also have to get the consent of the occupier and give them not less than seven days notice to enter the premises;

The Commission shall have the power of a court to summon and examine witnesses and compel the production and delivery to the Commission of documents of title to the land;

Separate award of compensation to every person. An award is final and conclusive evidence of the size of the land, the value in the opinion of the Commission and the amount of compensation payable, whether or not the person attends the inquiry;

Regulations and rules pertaining to this process are yet to be gazetted;

Section 128 of the Land Act states that any dispute arising out of any matter provided for under this Act may be referred to the Land and Environment Court for determination.


Figure 2-1 Procedure for Land Acquisition

County Government is satisfied that it is necessary to acquire land

Cabinet Secretary submits request to Commission to

acquire land on its behalf

National Government is satisfied that it is

necessary to acquire land

County Executive Committee Member submits request Commission to acquire land on its behalf

Commission to prepare guidelines for this

Commission reviews if request meets requirements prescribed by Sub-Section (2) and Article 40(3) of the Constitution

Approval of request Rejection of request

Issue Notice of

Gazettement

Hold Inquiry***

Commission takes possession of land

Notice of award and offer of compensation****

Inspection to see if land is suitable for the intended purpose. as authorised by the commission

in writing Notice for Inquiry

Copy to registrar and all interested parties*

Geo-referencing and authentification of land to be acquired by the office or authority responsible for survey at both

the National and County Government

Land vested in the national or county government

Register intended

acquisition

Commission to pay just compensation for any damage cause by entry

At least

30 days

Interested Persons to deliver Claim of Compensation

Appoint date for Inquiry

At least 15

days

Pay compensation

Receipt of grant of land in the case of in-kind compensation

Filing of Award

Dispute referred to Land & Environment Court

Final survey of land to be

acquired


(d) Land transfers

Section 43 defines “transfer” as a conveyance, an assignment, a transfer of land, a transfer of lease or other instrument used in the disposition of an interest in land by way of transfer. It further provides that a proprietor may transfer land, a lease or a charge to any person (including himself or herself), with or without consideration, by an instrument in the prescribed form and that the transfer shall be completed by the registration of the transferee as proprietor of the land, lease or charge. From this provision, the transferee of a charge may require the charger to execute the transfer for the purpose of acknowledging the amount due under the charge at the date of execution of the transfer.

(e) Transmission of land ownership upon death The provisions of this law are relevant to the process of succession for any PAPs who are yet to update land ownership documents due to death of the registered land owner. Section 49, 50 and 51 provide that if one of two or more joint proprietors of any land, lease or charge dies, the Registrar shall, on proof of the death, delete the name of the deceased from the register by registration of the death certificate. Also, if a sole proprietor or a proprietor in common dies, the proprietor’s personal representative shall, on application to the Registrar in the prescribed form and on production to the Registrar of the grant, be entitled to be registered by transmission as proprietor in the place of the deceased with the addition after the representative’s name of the words “as executor of the will of (..........................) [deceased]” or “as administrator of the estate of (..............................) [deceased]”, as the case may be. Upon production of a grant for the above, the Registrar may, without requiring the personal representative to be registered, register by transmission; a) Any transfer by the personal representative; and b) Any surrender of a lease or discharge of a charge by the personal representative. In this section, “grant” means the grant of probate of the will, the grant of letters of administration of the estate or the grant of summary administration of the estate in favour of or issued by the Public Trustee, as the case may be, of the deceased proprietor. Subject to any restriction on a person’s power of disposing of any land, lease or charge contained in an appointment, the personal representative or the person beneficially entitled on the death of the deceased proprietor, as the case may be, shall hold the land, lease or charge subject to any liabilities, rights or interests that are unregistered but are nevertheless enforceable and subject to which the deceased proprietor held the same, but for the purpose of any dealing the person shall be deemed to have been registered as proprietor thereof with all the rights conferred by this Act on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration. The registration of any person as aforesaid shall relate back to and take effect from the date of the death of the proprietor.


2.2.4 Land Acts Repealed by the Land Act 2012 The following Acts were repealed through the Land Act 2012:

The Wayleaves Act, Cap 292;

The Land Acquisition Act, Cap 295.

2.2.5 The Land Registration Act 2012 This is an Act of Parliament intended to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. Section 7(1) of the Act provides for establishment of a land registry in each registration unit which shall keep registers of the following regarding land:

A land register, in the form to be determined by the Commission;

The cadastral map;

Parcel files containing the instruments and documents that support subsisting entries in the land register.

Any plans which shall, after a date appointed by the Commission, be geo-referenced;

The presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry;

An index, in alphabetical order, of the names of the proprietors; and

A register and a file of powers of attorney. Further, section 9 (1) provides that the Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format. These documents include:

Publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter;

Electronic files; and

An integrated land resource register. The register, as provided for in part 2 of section 9, shall contain the following particulars;

Name, personal identification number, national identity card number, and address of the proprietor;

In the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal;

Names and addresses of the previous proprietors;

Size, location, user and reference number of the parcel; and

Any other particulars as the Registrar may, from time to time, determine. These provisions are essential throughout the RAP process including the verification of land ownership and update of land ownership documentation arising from acquisition of the wayleave and land for intake and water storage facilities.


2.2.6 Land Acts Repealed by the Land Registration Act 2012 The following Acts have since been repealed through the Land Registration Act 2012 and other related new legislations to give effect to the new constitution:

The Indian Transfer of Property Act, 1882;

The Government Land Act, Cap. 280;

The Registration of Titles Act, Cap. 281;

The Land Titles Act, Cap. 282;

Registered Land Act, Cap. 300.

2.2.7 The Land and Environment Court Act 2011 This is an Act of Parliament to give effect to Article 162 (2) (b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected purposes. The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act. Section 13 (2) (b) of the Act outlines that in exercise of its jurisdiction under Article 162 (2) (b) of the Constitution, the Court shall have power to hear and determine disputes relating to environment and land, including disputes:

Relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources;

Relating to compulsory acquisition of land;

Relating to land administration and management;

Relating to public, private and community land and contracts, chooses in action or other instruments granting any enforceable interests in land; and

Any other dispute relating to environment and land. Section 24 (2) also states that the Chief Justice shall make rules to regulate the practice and procedure, in tribunals and subordinate courts, for matters relating to land and environment. Relevance: In case of any disputes relating to compensation if not solved at the project level can be forwarded to the Land and Environment Court

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

An Act of Parliament to make provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities and give effect to the Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purpose. Section 3 of the Act state that ‘displacement and relocation due to development projects shall only be lawful if justified by compelling and overriding public interests and in accordance with the conditions and procedures in Article 5 of the Protocol, Principles 7-9 of the Guiding Principles and as specified in sections 21-22 of this Act. Displacement and relocation which come about due to development projects or projects to preserve the environment should be:

Authorized and carried out in accordance with the applicable law;

Justified by compelling and overriding public interests in the particular case; and


Conducted when no feasible alternatives exist.

2.2.9 Trust Land Act This Act makes provision for Trust land, through the establishment of divisions and divisional boards. The Act also establishes guidelines for the setting apart of land, as well as leases and guidelines. This Act is expected to be repealed by the proposed Community Land Bill. However, since this is yet to occur, the provisions of the Trust Land Act were reviewed for the Legal Framework under this RAP.

2.3 Highlights of Legal and Policy Review

Kenyan Law allows for compensation for loss of land or assets to owners in the event of involuntary resettlement. The World Bank Policy on involuntary resettlement however has a wider criteria for eligibility of compensation to include “…..those who have no recognisable legal right or claim to the land they are occupying…” As such, this report has included the tenants among the PAPs for some form of assistance in line with the impact of land take on their livelihoods and in accordance with the requirements of O P 4.12 for category (c) PAPs. The policy also outlines procedures that should be followed during resettlement. These provisions were also considered in the preparation of this RAP report, such as:

Prior informed consultations with PAPs and integration of their proposals into resettlement planning instruments;

Presentation of resettlement alternatives to PAPs and options available to them including choices related to forms of compensation and resettlement assistance;

Proposal of institutional arrangements through which PAPs can communicate to project authorities through-out the planning and implementation stages of a RAP;

Proposal of measures to ensure that vulnerable groups are represented;

Provision of alternative or similar resources to compensate for loss of community assets;

Consultations with the host community and an opportunity for their involvement in planning, implementation and monitoring of resettlement;

Replacement of infrastructure and services in the resettled area to improve, restore or maintain accessibility and levels of service for the displaced persons and host community;

Preservation of existing social and cultural institutions of the host and resettled communities’ to the extent possible;

Provision of proposals for disclosure of RAP study findings at public and household / institutional levels.


3 SOCIO-ECONOMIC PROFILE OF THE PAPs

3.1 Background

The study aimed at assessing and establishing a baseline of the current living and operational conditions of the persons within in the projects primary and its secondary zones of impact. The study was conducted in Kangema and Kigumo Sub-Counties in six locations and eight Sub-locations presented below:

Ichichi;

Kiruri;

Makomboki;

Kangari;

Mairi;

Kinyona;

Mununga;

Gacharage. The proposed bulk water abstraction tunnel is to traverse the above sub-locations within a stretch of approximately 11.8kms. The tunnel will be located at a range of between 50m to 100m below the earth’s surface depending on the particular location in question, and it will have a width of 3m in internal diameter. Persons living within the area mentioned hereby are the once referred to as persons within the projects primary zone of impact. The secondary zone of impact was taken as persons neighbouring the location whereby the project is to be constructed within a corridor of 3kms from the centreline of the tunnel.

3.2 Administrative boundaries

The proposed Northern Collector Tunnel (NCT) is located in Kangema and Kigumo Sub-Counties of Muranga County. The Sub-County Headquarters for Kangema and Kigumo are located in Kangema and Kigumo towns respectively. The administrative units covered by the project are shown in Table 4-1 below.

Table 3-1 Administrative units covered by the project

Sub-County Division Location Sub-Location

Kangema Kanyenyaini Ichichi Ichichi

Kiruri Kiruri

Kigumo

Kangari

Makomboki Makomboki

Kangari Kangari

Mairi

Kinyona

Kinyona Kinyona

Gacharage Mununga

Gacharage


3.3 Population Size and Composition

3.3.1 Population among the PAPs

A Total of 177 households corresponding to approximately 657 persons will be affected by the project. The population distribution is as presented in Figure 3-1. Figure 3-1 Population by Gender and Age

From the chart, the majority of the population are within the working population age brackets. For those above 80 years of age, there were more women than men with 7 women above the age of 80 and only 2 men above the age of 80.

3.3.2 Characteristics of the PAP Household Heads Majority of the household heads are male at 69% of the PAP households having male heads and 30% of the PAP households having female household heads. This also means that majority of the land owners among the PAPs are men. From discussions with the District Social Development Officers, most land in the project area is owned by men with 98% of the land being owned by men and only 2% of the land being owned by women. It was reported that majority of the women who own land got it through inheritance or the death of the spouse. From the land searches on the affected land received to date, there are some validated female land owners. As such, the issue of barriers to access to compensation for female household heads was not considered to be a major issue under this RAP.

3.3.3 Affected Institutions In addition to the households, a total of 8 public facilities corresponding to 8 public institutions will be affected. These institutions are:

Ichichi Secondary School;

Ichichi community’s football pitch;

Ichichi Primary School;

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Male

Female


Gikigie Primary School;

Ngecha Tea Buying Centre;

Makomboki Primary School;

Makomboki Secondary School;

Bible Fellowship Church.

3.3.4 Religion In the country, Christianity is the largest religion at 82.5% where 47.4% are Protestants, while 23.3% are Catholics. Muslims are form about 11% of the population. From the survey, approximately 79.94% of the project host community are Christians, of which 67.33 are Protestants and 12.61 are Catholics as shown in Table 3-1. Table 3-1 Religious affiliations

Religion Percentage response

Protestant 67.33

Indigenous Ch.

19.30

Catholic 12.61

None 0.76

Total 100.00

This relative homogeneity in belief systems reflected by the response of a majority of the population will ease the process of resettlement and integration in case there will be need of relocation of the affected population from the proposed wayleave. There were no assets belonging to religious institutions affected by the land take for the project.

3.4 Land Tenure and Land Use

3.4.1 Background

Land tenure in Kenya is classified into three categories, namely; – public land, community land and private land.

3.4.2 Land tenure among the PAPs The review of titles, land search results and cadastral maps of the affected land parcels shows that majority of the land is private with a small percentage being Community (Trust) land held by the Land Trust Board or Murang’a County. The latter is used for educational or recreational purposes as a football field. From consultations with the area Land officers, the private land holdings in the project area are freehold. This means that the owners have absolute proprietorship and that their descendants can succeed the owner for as long as the family lineage exists. A freehold title deed generally has no restrictions as to the use or occupation. However, there could be restrictions on the use such as for agricultural purposes or ranching only. The land holdings are also registered under the now repealed Registered Land Act


3.4.3 Economic Value of Land among the PAPs Land is a fundamental factor for production in farming communities. For the PAPs land uses that support livelihood streams include:

Cultivation of cash crops such as tea and coffee;

Cultivation of food crops for subsistence purposes;

Planting of exotic trees, including woodlots for sale of fuel to tea factories and / or timber for construction in Murang’a Town and Nairobi City;

3.4.4 Social Value of Land among the PAPs

Land is also used as a measure of wealth and social standing. Indeed among the PAPs, land and the developments upon it is viewed as one of the key indicators used in social standing in the community. The feedback from the FGDs was that these indicators are weighed as follows:

The size of the shamba (land);

The number of livestock;

The number of women one has;

The produce (vegetation) that one has from their shamba; and

The type of houses one has i.e. what materials have been used to make the house.


3.5 Economic Activities

The main economic activity within the project area is agricultural production. According to the County Development Plan approximately 57% of the population source their livelihood from agriculture. Of the above population, a majority grow cash crops. The major cash crops in the project area include tea and coffee. Horticultural crops which are grow at a small scale include tomatoes, cabbages, kales, spinach and French beans while food crops include maize, beans, bananas, sweet potatoes and cassava.

3.5.1 PAP Household Income Sources The primary source of income among the PAPs is farming as outlined in Figure 3-2. Figure 3-2 Primary Sources of Income among PAPs

The crops affected by the land take for the project include tea, arrow roots and bananas. From discussions with the Forestry Officers, the tea zone acts as a buffer between the Aberdare Forest and the major settlements in the general project area. Tea is usually sold to the Tea Processing Factories in the project area namely:

Gacharage Tea Factory;

Ikumbi Tea Factory;

Makomboki Tea Factory. From consultation with the PAPs, it takes 3 to 5 years for planted tea to mature enough to be ready for harvesting of tea leaves for sale. Considering the high value of tea in the area, the valuation methodology under this RAP took into consideration the higher value placed on land with productive tea. There are also a significant number of fruit trees (mainly avocado, pears and plums) as well as exotic trees like eucalyptus and cypress trees. From consultations with the Forestry officers, woodlots in the project area are mainly grown for sale to tea factories as fuel. There has therefore been quick uptake on planting of eucalyptus and cypress to feed this demand. Trees are also grown to provide timber for the construction industry in Murang’a and Nairobi.

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One (1 no) business structure will also be affected by the land take for the project. this structure houses 2 businesses namely a small hotel and a retail shop. This forms the primary source of income for these tenant households. The tenants reported that they pay rent of Kshs 2,000 and Kshs 1,000 per month. Loss of these structures will also affect the land and structure owner (landlord) who will not only loose the assets but monthly income of Kshs 3,000 per month on rent.

3.6 Housing Characteristics

Shelter is one of the basic human needs and good quality of life includes having comfortable housing. The type of shelter used by a household is linked to various other socio-economic indicators including income, health, energy, sanitation and in-door environment. Good quality floors for example provide hygienic conditions that are a deterrent to parasites such as jiggers, disease causing organisms as well as disease vectors. Access to shelter also provides psychological well being to family members. Access can come in the form of rental housing or trough owning property. Generally, a housing structure is considered durable when certain strong building materials are used for roof, walls and floor. The type of and level of access to housing can therefore be used as an indicator of good quality of life. Loss of these structures and / or security of tenure on the land that these structures stand is therefore a direct cause of homelessness and to a great degree, degradation of the previous quality of life. The types of housing structures in the project area and indeed among the PAPs are as presented in Table 3-4. From consultations with the County Planners and Land officials as well as site observations in the upper reaches of the tunnel, the settlement patterns are such that hilltops are used mostly for housing while the slopes are under tea cultivation. Table 3-4 Housing Characteristics

Roofing Type of Roofing Percentage distribution

Corrugated Iron Sheets 96.24

Thatched 2.26

Tiles 1.50

Walls

Type of walls Percentage distribution

Wood 66.92

Stone 25.56

Mud 4.51

Bricks 3.01

Floor

Type of floor Percentage distribution

Earth 57.14

Cement 42.86


From the data, majority of the houses can be defined as semi-permanent as they are constructed with wood and mud walls and corrugated iron sheets. The few permanent structures consist of stone walls and bricks, again with a majority having corrugated iron sheet roofing. The nature of the floors is almost evenly distributed between earthen and cement floors. It is clear that there has been a greater investment in the types of walls and roofing than on floor types in the project area. The preference to corrugated iron sheet roofing can also be tied to availability of monetary incomes among the PAPs as well as the ability to harvest rain water for domestic use, specifically drinking water. The housing structures affected by the land take for the project include permanent (29%) and semi-permanent (71%) structures. Prompt payment of compensation to these PAP Units is therefore critical to ensure restoration of housing conditions. The type of housing is also uniformly distributed among male and female headed households. There is only one mud walled house which is owned by a male headed household. From consultations with key informants, there is a risk of homelessness among the vulnerable, mainly women and children if the male household heads misuse compensation funds. The RAP implementation team should therefore consider staggered and monitored payment of funds based on milestones for re-establishment of housing. This should also be countered with sensitisation on financial management in a bid to ensure that the decision makers in the family do not misuse the money and leave the families without any shelter.

3.7 Education

3.7.1 Background

The county has 634 primary schools, 6,324 teachers, total enrolment of 214,986 and a transition rate of 70 percent. Again, at the county, net set secondary school enrolment rate is 71.04% for both boys and girls. On average 70% of the members of the community live between 1.1km and 4.9km to the nearest primary school. This figure is the tallies with results from the baseline survey study which showed 100% of the surveyed population live less than 5kms from the nearest primary school.

3.7.2 Population currently in school The social pillar of the Kenya Vision 2030 aims at building a just and cohesive society that enjoys equitable social development in a clean and secure environment. The implementation of the social pillar of the vision is geared towards achievement of the following Millennium Development Goals:

Goal number 2 Achieve universal primary education

Goal number 4 Reduce child mortality

Goal number 5 Improve Maternal health

Goal number 6 Combat HIV/AIDs Malaria and other diseases

Goal number 7 Ensure environmental sustainability. The institution of universal free primary education by the Government of Kenya has been to ensure provision of universal education. Assessing level of education among children is an indicator for development. A higher enrolment level is a positive indicator for the future development of the area. A majority of the children who are of school going age are currently in school. Of the surveyed population 48.44% of persons in school accounted for children within the age bracket of 5-14 years as shown in Table 3-2 below.


Table 3-2 Population currently in school

Age in Years Currently in School

Yes No

0-4 6.22 7.62

5-9 23.56 0.69

10-14 24.89 0.23

15-19 25.78 0.69

20-24 12.89 7.16

25-29 3.56 10.62

30-34 0.00 12.47

35-39 0.44 14.55

40-44 1.33 12.24

45-49 0.89 8.31

50-54 0.00 8.55

55-59 0.44 3.93

60-64 0.00 6.24

65+ 0.00 6.70

Total 100 100

3.7.3 Education level for HH heads and spouses

A majority of the household heads within the project area have attained basic primary education as reflected in the Table 3-3 below. Only 13% of the household head and their spouses respectively have not attained any basic formal education. Table 3-3 Level of education for the household head

Level of education Percentage (%)

Household Head Spouses

None 13 13

Primary 53 36

Secondary 22 34

Tertiary 6 11

University 6 5

Other 0 1

Total 100 100

To communicate and mobilise the community effectively during implementation of the RAP, the implementation team should adopt communication strategies that will be understood by the non-educated and the educated members of the community. These mobilization strategies include, public meetings conducted or translated in the local language, radio adverts in the local language and posters posted in the accessible public places in both Swahili and Local languages.


3.8 Water Supply

The County at large and project area are supplied by several water schemes. At the County level, there are 27 water supply schemes while at the project area most of the water supply schemes are managed by community members through water project committees. The water projects source their water from River Maragua and Irati. The two main existing water supply schemes in the project area are Gathaini Water Project and Karura Water Project. From the household survey conducted in the project area, majority of the sampled households reported that they have piped water system to their homesteads. This is supplemented by rainwater catchment which accounted for 69.17% as indicated in Table 3-3. Table 3-3 Sources of Water Supply in the Area

Water Source Percentage distribution

Piped to homestead 77.44

Rainwater 69.17

River 25.56

Springs 8.27

Shallow well 4.51

Borehole 2.26

Other Water Sources 1.50

Piped to community 0.75

A majority of the community members take less than 30minutes to go to and come back to their homesteads in search for water. This was reportedly because most households use piped water or collect rainwater for domestic use Table 3-4 Time Taken to Fetch Water

Duration Percentage distribution

0-30 minutes 84.21

31 mins to 1 hour 12.78

More than 1 hour 3.01

Total 100.00

From Consultations with the County Government, this distribution was reported to be incorrect as water supply coverage in the County is at 30%.

3.8.1 Water usage Table 3-5 below shows the volumes of water used per household per day. Table 3-5 Volumes of Water Used Per Household Per Day

Amount in liters Percentage distribution

Less than 40 liters 16.54

41 to 80 liters 38.35

81 to 100 liters 23.31

101 to 160 liters 9.02

More than 160 liters 12.78


Amount in liters Percentage distribution

Total 100.00

3.8.2 Water treatment

Households use different purification strategies to make water safe for consumption. The most common method for treating water for domestic consumption in the surveyed population is boiling followed by chlorination. The percentage of persons who do treat their water is relatively high compared to those who do not. This can be a contributing factor to low reported cases of diarrhoea within the project area (survey results showed a prevalence rate of 13.53%). Table 3-6 Methods used in Treating Water for Drinking

Treatment method Percentage distribution

Boil 60.15

Chlorinate 29.32

Nothing 18.80

Stand and settle 8.27

Other methods 3.01

Don’t Know 1.50

Strain 0.75

Filtrate 0.75

Three (3no) water tanks located in Kangari and Kinyona are to be affected by the land take. Re-establishment of these structures should be prompt to ensure that there is no adverse effect on water storage and human health.

3.9 Sanitation

Sanitation generally refers to the provision of facilities and services for the safe disposal of human urine and faeces. Inadequate sanitation is a major cause of disease world-wide and improving sanitation is known to have a significant beneficial impact on health both in households and across communities. The word 'sanitation' also refers to the maintenance of hygienic conditions, through services such as garbage collection and wastewater disposal. The main type of sanitation facilities in the project area is the pit latrines, both VIP (Ventilated Improved Latrines) and the traditional ones. Findings of the household survey show that majority (93.23%) of the persons in the project area use pit latrines. This is followed by the usage in flush toilets which accounted for 4.51% of the surveyed population. The figure of persons having access to sanitation facilities is higher than the national average of 87.8%.


Figure 3-3 Sanitation Facilities

Nine (9no) pit latrines are to be affected by the land take. Re-establishment of these structures should be prompt to ensure that there is no adverse effect on sanitation and human health.

3.10 Health

Morbidity basically refers to the incidence of illness or simply put, ‘disease load’. A condition of low morbidity logically follows that the health status is better. However, it is difficult to measure illness incident using one source of data. For this reason, two data sources were used; namely the household level data on lay reporting of illness and the second data source was from the public health officers. Table 4-16 shows top ten (10) of the most prevalent diseases according reported cases at the Public Health Offices in Kangema and Kigumo: Table 3-7 Prevalent Diseases in the Area

Kangema Kigumo

No Most prevalent illness No Most prevalent illness

1 Upper respiratory tract infection 1 Upper respiratory tract infection

2 Skin disorders 2 Skin disorders

3 Pneumonia 3 Hypertension

4 Diarrhoea 4 Intestinal worms

5 Urinary tract infection 5 Injuries / accidents

6 Normal accidents 6 Pneumonia

7 Chicken pox 7 Diabetes

8 Eye infections 8 Diarrhoea

9 Rheumatism 9 Arthritis

10 Ear infections 10 Gastroenteritis

Results from the household survey show that the common cold was the most frequently made complaint accounting for about 88.72% of all cases. This was followed by complaints of upper respiratory tract infections (URTIs), headaches and worm infestation.

Pit latrinesFlush

ToiletsBucket

Latrines

Percentage distribution 93.23 4.51 2.26

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Table 3-8 Illnesses among the Sampled Households

Illness Percentage distribution

Common cold 88.72

Upper respiratory tract infection

27.07

Headache 19.55

Worms 19.55

Eye infections 15.04

Diarrhea 13.53

Other Illnesses 12.78

Skin infection 10.53

Tuberculosis 0.75

Jigger infestation 0.00

The data confirm findings from the health facilities that morbidity patterns are dominated by Upper Respiratory Tract Infections (URTIs), skin disorder, Pneumonia and Diarrhoea. From the consultations it was also noted that the HIV/AIDS prevalence cases in Kigumo and Kangema Sub-Counties are 5.2% and 5.6% respectively. The most vulnerable groups within Kigumo were noted to be youth between the ages of 15 to 24 years and persons between the ages of 33 to 44 years. On the other hand, the most vulnerable group to HIV/AIDS in Kangema were noted to be persons within the ages of 12 to 24 years. The health offices within the two Sub-counties have put in place the following initiatives to combat HIV/AIDS:

Use of community based organizations to support orphan and vulnerable children;

Provision of HIV/AIDS counselling and testing services;

Health education to people living with HIV/AIDS.

3.10.1 Medical facilities Information of the available health facilities were obtained from the District Public Health Officers in the two Sub-Counties hosting the project. It was noted that Kangema has 13 healthy facilities categorised as follows:

Sub-District Hospital 1

Health Centres 4

Dispensaries 8 Within the project nucleus in Ichichi location there is only one (1) dispensary. In Kigumo Sub-County there are 18 medical facilities categorised as follows: Table 3-9 Medical Facilities in the Affected Area

Division Category No. of Facilities

Kinyona

Health Center 1

Dispensaries 7

Faith based organization 3

Kigumo

Sub-county hospital 1

Health Center 1

Dispensary

1


Division Category No. of Facilities

Muthithi

Health Center 1

Dispensary 3

Faith based organization 1

The main referral hospital for the two Sub-Counties is Muranga District Hospital. The biggest challenge that the counties in the project area face with regard to health is shortage of doctors. According to the 2009 Census, there are only four (4no) doctors within Kangema serving a total of 76,988 persons. This translates to a doctor patient ratio of 1:19,247 against the WHO standard of 1:1,000. Similarly, Kigumo has only 2 doctors serving a population of 123,766 which translates to a doctor patient ratio of 1:61,883. No health facilities will be affected.

3.11 Energy sources

Firewood was the main source of cooking fuel accounting for about 70.68% while battery lamps are the main source of lighting as shown in Table 3-9. Table 3-9 Energy Sources for Cooking and Lighting

Cooking energy

Source Percentage distribution

Firewood 70.68

Charcoal 18.05

Liquid Petroleum Gas

11.28

Lighting energy

Source Percentage distribution

Battery Lamp 55.64

Kerosene Lamp 37.59

LPG Lamp 3.76

Electricity 2.26

Other sources 0.75

One of the assets affected at the household level is a biogas installation located in Kangari. Prompt re-establishment of this facility should be done to ensure that the alternative energy source enjoyed by the PAP is retained.

3.12 Access Roads

The proposed project area can be accessed from Gatanga-Ndakaini Dam Road and from Kangema town. The roads are all weather since some sections of the road are tarmacked while others are graded earth roads. Some sections are very steep but they are constantly maintained to facilitate transport of tea leaves from the buying centres to the tea factories serving the area namely Makomboki tea factory and Gacharage tea factory.


3.13 Gender issues

From Table 3-10 and Table 3-11 below men own and control all family resources but labour is mostly provided by women and girls except for livestock rearing. Majority of the work load in the families within the project area is on women and girls. Table 3-10 Gender roles

Resources Men Woman Boy Girls

Digging

Cooking X X

Food collection X X

Vegetable collection

X X

Fetching water X X

Washing utensils X X

Collecting firewood X X

Looking after animals

X X

Washing clothes X X

Total task 2 9 1 8 Men also own and control most of the household resources such as land, livestock, trees and other income generating properties. Table 3-11 Resource control by gender

Resources Who buys Who owns Who controls Who uses

Land M M M M/F

Trees and forest M M M F

Livestock M M M M/F

Household property F F F F

Cars, motorcycle and bicycles M M M M

Livestock – small e.g. chicken F F F F

Subsistence crops M/F M/F F F M: Male F: Female

Gender imbalances still exist in decision making, resource control, and production processes mainly due to very strong traditional/cultural beliefs and practices. For instance, household heads will make decisions on family income, crop and animals to be sold as well as when to take children to school. Women are usually left out of many development initiatives, and the perception exists that women’s reproductive and domestic responsibilities should be their primary function. These findings are critical to this RAP as they clearly show that decision making on issuance and usage of compensation funds and more importantly, livelihood restoration using compensation funds is entirely in the hands of the male household heads. From consultations on previous resettlement programs in the general area namely Thika Dam, it emerged that there were many cases of misuse of compensation funds by the male household heads. There were also allegations of an influx of women from other areas who were targeting men that were “enriched” by compensation funds. This eventually resulted in impoverishment of families after misuse of compensation funds.


To ensure that lessons learnt from the Thika Dam resettlement are adapted into the RAP for the Northern Collector Tunnel, compensation payment strategies should be introduced to ensure:

Involvement of women especially spouses in collection of compensation funds;

Staggered payment of compensation corresponding to livelihood restoration to ensure that majority if not all of the compensation funds are dedicated to livelihood restoration;

Gender sensitive capacity building programs especially those that would be focussed on imparting of financial management skills to PAPs and their spouses where applicable;

Additional support to widows and single mothers in relation to management of livelihood restoration initiatives.

3.14 Project Awareness and Support

The implementation of the tunnel development will have a far reaching effect on the social life of the people living within and around the project area. A majority of the persons within the project area noted that they were aware of the project as shown in Table 3-12. Table 3-12 Community project awareness

Aware of project Percentage response

Yes 81.95

No 18.05

Total 100.00

Of the surveyed population that were aware of the project, 40.60% got the information from their friends and neighbours as shown in Table 3-13. Table 3-13 Sources of information

Source of information Percentage response

Friends / Neighbours 40.60

Government officials 26.32

No answer 16.54

ESIA / RAP study 15.79

Media 0.75

Total 100.00

In future, a clear communication strategy on the project should be developed to ensure that the people in the project area get credible information from the right sources.

3.14.1 Project support 94.74% of members of the community support the project while only 5.26% of the community does not support the project as illustrated in Table 3-14.


Table 3-14 Project support and impact

Project support Project impact

Support Project Percentage response

Impact on current operations

Percentage response

Yes 94.74 No 69.92

No 5.26 Yes 30.08

Total 100.00 Total 100.00

3.15 Social Problems in the Project Area

The biggest problem for the community is youth unemployment. During the stakeholder consultations, the community members requested that the proposed project should alleviate unemployment issues by absorbing bulk of the youth in the local area to work in its construction and operation stages. The second issue concern to the community poor road infrastructure in the area which has caused a hindrance in tea transportation which is a key income generating activity. The community requested during the public consultation meetings that AWSB and the contractor improve the roads before construction works of the tunnel commences. Projected increase in population in the project area following the commencement of the proposed project could aggravate the problem of lack of sufficient health facilities which was also noted by 42.11% of the population as a problem. Table 3-15 Highlights of Socio-economic problems faced by the Community

Community problem Percentage response

Youth unemployment 80.45

Poor Infrastructure 61.65

Lack of health facilities 42.11

Lack of land 33.83

Land slides 28.57

Water scarcity 21.05

Lack schools 14.29

Insecurity 10.53

Floods 6.77

Other unmentioned 3.03

From a “felt” needs perspective, investment in community development initiatives is picked from the problems listed above.


4 PUBLIC CONSULTATIONS AND DISCLOSURE

4.1 General

The Kenyan Constitution promotes public participation as one of the national values and principles of governance. Chapter Eleven of the Constitution on “Objects and Principles of Devolved Government” also calls for enhancement of “participation of the people in the exercise of the powers of the State and in making decisions affecting them.” The World Bank Policy on Involuntary Resettlement gives policy direction on consultation of affected persons where it states “displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs” (Paragraph 2b). It also requires the following as elements of a participation plan: “Involvement of resettlers and host communities, including:

A description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities;

A summary of the views expressed and how these views were taken into account in preparing the resettlement plan;

A review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals, families, or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and

Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented” (Annex A, paragraph. 15).

According to the World Bank Resettlement Source Book, participation is important because the success of resettlement depends in part on the responsiveness of the people affected. The displaced persons must themselves be able and willing participants if they are to return to productivity and resume responsibility for their lives.

4.1.1 Objectives of the Public Consultation during the RAP Study The overall goal of the consultation process is to disseminate project information and to incorporate the views of the Project Affected Persons (PAPs) in the design of the mitigation measures and a management plan as well as in the preparation of the Resettlement Action Plan for the Northern Collector Tunnel wayleave. The specific aims of the consultation process during the RAP study were to:

Allow for PAP participation in the assessment of impacts and development of mitigation measures of relevance to the RAP;

Make the resettlement process participatory and transparent;

Facilitate the development of appropriate and acceptable entitlement options;

Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms.


Minimise the risk of poor co-ordination by all affected institutions through establishment of communication channels as early as the RAP Study phase;

Providing a platform for future consultation by: o Reducing conflict through early identification of contentious issues; o Improving transparency and accountability of decision making; o Facilitating participation to increase public confidence in the RAP process; o Identifying local leaders with who further dialogue can be continued in subsequent

stages of the project.

Public consultation process for the Northern Collector Tunnel Phase 1 project took place through-out the ESIA study process starting with the Scoping Stage through to the Detailed ESIA stage. To facilitate direct involvement by PAPs, special measures were put in place to ensure discussion on resettlement related issues at all forums. In addition, the area Chiefs were sensitised during the mobilisation for public participation, to ensure that PAPs are part of the persons participating in the meetings. Similarly during the household survey, the enumerators were trained to identify PAP households to ensure that the questionnaire with elements specific to RAP was administered to these households during the household survey. The PAPs were also engaged in detail during the development of the Land and Asset Inventory. Specific forms filled at household level are provided in Volume III of this Report.

4.2 Stakeholder Identification

To enhance maximum participation and achieve a better output, the right stakeholders were taken on board. This was done through stakeholder identification and involvement based on their needs, interests, relative power and potential impact on project outcome. In this regard, two broad categories of stakeholders were identified. These include:

Primary stakeholders – those who are the beneficiaries of a development intervention or those directly affected (positively or negatively), by the project, commonly referred to as Project Affected Persons (PAPs). For purposes of the RAP, these include:

Households, businesses, organised community groups as well as government / public institutions and private institutions who are to be impacted through land take, displacement and resettlement;

The RAP implementation Agency i.e. AWSB

Secondary stakeholder- those who influence development or are indirectly affected by the project especially those stakeholders involved in resettlement planning and implementation. For purposes of the RAP these include:

Murang’a County Government representatives;

National government agencies with mandates impacting land take, resettlement and livelihood streams of the PAPs;

Civil Society Organisations with experience or on-going activities related to the livelihood streams of the PAPs;

Any other stakeholders of relevance to the resettlement process.


4.3 Previous Consultations

4.3.1 Stakeholder Consultations at Scoping Stage

The study team held introductory meetings with key stakeholders at the scoping stage between 10- 22

nd April, 2014. These meetings served as an introduction of the Northern

Collector Tunnel- Phase 1 project and set the ground for the ESIA studies ad RAP studies held from the month of August to early October, 2014. Consultations with the Sub-County administration in Kangema and Kigumo Sub-Counties were done during the preliminary field visits to notify them of the proposed project as well as to aid in identification of relevant institutional stakeholders to be consulted during the ESIA study. The key stakeholders that were consulted included:

Mr. J.G Kamau- Deputy County Commissioner (DCC) - Kangema Sub County;

Mr. Charles Langat- Assistant County Commissioner (ACC) on be half of the DCC - Kigumo Sub County;

Mr. David Gichoni- Sub County Water Officer- Kigumo Sub County;

Ms. Faith Mbathi- Service Water Officer (WRMA) – Muranga Sub Region;

Hon. Anderson Muchemi Waweru- Member of the County Assembly- Kangari Ward;

Hon. Caroline Wairimu Njoroge – Member of the County Assembly- Kigumo Ward;

Hon. Charles Mwangi Kirigwi – Member of the County Assembly- Kinyona Ward;

Hon. Peter Irungu Kihungi- Member of the County Assembly – Kanayanyaini Ward;

Hon. David Muhoro Njeri – Member of the County Assembly – Kariara Ward The main issues of concern at this stage were identification of crucial issues for further consultations during the full impact assessment study.

4.3.2 Summary of issues The Table 4-1 below is a summary of the issues of relevance to land take and livelihoods that were raised by the stakeholders during consultations at the Scoping stage of the studies.

Table 4-1: Summary of issues rose during the Scoping Stage

Stakeholder consulted

Comments Raised Implications on design and implementation of the RAP

Mr. J. G. Kamau Deputy County Commissioner (DCC) – Kangema Sub-County

Compensation of affected land owners should be considered because houses should not be built on top of the collector tunnel

According to the design reports, the risks that may arise due to earth movements in the vicinity of the tunnel alignment was deemed to be low. Nonetheless, this RAP proposes outright acquisition of land along the tunnel alignment due to the following issues:

Restriction of land uses on top of the tunnel to ensure that its integrity is not compromised. Such land uses include blasting and quarrying;

Control of vandalism on tunnel related structures.




Mr. Charles Langat Assistant County Commissioner (ACC) – Kigumo Sub-County

Compensation is always an issue in the area.

The proposed activities under this RAP report include continuous consultation with PAPs throughout the RAP implementation process. Key items that have been integrated in line with OP 4.12 include:

Disclosure at household and public levels;

Allocation of funds for community sensitisation in the RAP implementation process;

AWSB should consider hiring additional support during peak activities in the RAP implementation process to allow for higher access to information by PAPs at household level

Inclusion of PAPs and / or their representatives within the RAP Implementation Committee (RAPIC), proposed grievance resolution mechanisms and a participatory monitoring and evaluation program.

Mr. David Gichoni Sub-County Water Officer - Kigumo

Problems with relocation of homes and graves. Negotiating land prices for the wayleaves normally takes a long time and it is expensive.

Ms. Faith Mbathi Service Water Officer – Water Resources Management Authority (WRMA)-Muranga Office

Water as a resource is not adequate and would have preferred construction of another dam instead of a collector tunnel

From the view of displacement and resettlement, a dam would result in higher impacts on livelihoods than that which is envisaged under the option of the tunnel.

Hon. Anderson Muchemi Waweru Member of County Assembly (MCA) – Kangari Ward

Public consultations is key;

Long-term benefits of the project to the communities should be considered since Ndakaini dam has no returns to the surrounding communities;

The communities upstream of these rivers and who are the owners of this water resource do not have tap water;

Ndakaini dam has changed the micro-climate in the area leading to cold related diseases e.g. Pneumonia and Arthritis. The project should therefore consider Corporate Social Responsibility (CSR) activities such as provision of fully equipped medical facilities;

Roads within the proposed

Public consultation was a key activity throughout the detailed ESIA and RAP process.

Provisions for stakeholder engagement during the disclosure and RAP implementation process are as summarised given overleaf.

Hon. Caroline Wairimu Njoroge MCA – Kigumo Ward

Benefits to the community as well as integration of conservation projects have been discussed in the main ESIA Reports. Key commitments by AWSB include:

Establishment of a community water supply project;

Contributions to afforestation activities in the project area;

Integration of catchment management provisions into the operational phase of the project

Hon. Charles Mwangi Kirigwi MCA – Kinyona Ward

Hon. Peter Irungu Kihungi MCA –




Kanyenyeini Ward

project area should be improved to bitumen standard;

Consider CSR activities such as building of resource centres and classrooms;

Labour should not be imported during construction phase except for skilled labour;

Undertake conservation activities i.e. afforestation;

Limit destructive activities in the Aberdare forest by providing locals with alternative sources of livelihoods which will reduce encroachment of the forest;

Some water should be left for irrigation activities.

Hon. David Muhoro Njeri MCA – Kariara Ward

4.4 Stakeholder Engagement

4.4.1 Consultations during the ESIA and RAP Study

The following stakeholders were consulted during the second round of stakeholder consultations as held during the full ESIA and RAP study stage.

Table 4-2: Schedule of stakeholders consulted during the ESIA and RAP stage

No. Name Category

1. Athi Water Services Board (AWSB) Project proponent

2. PAPs in Ichichii, Kiruri, Makomboki, Kangari, Gacharage, Kinyona and Kamukabi

Project Affected Persons

3. Governor Muranga County County Government

4. Governor Nairobi County

5. Members of County Assembly - Muranga

6. County Commissioner Muranga Ministry of Interior and Coordination of National Government

7. Deputy County Commissioners – Kigumo and Kangema Sub-counties

8. Members of Parliament – Kigumo, Kangema and Gatanga

National Legislature

9. Water Resources Management Authority (WRMA) Water Regulatory Body

10. Nairobi City Water and Sewerage Company Limited Project beneficiaries

11. Ruiru-Juja Water and Sewerage Co Ltd.

12. Kiambu Water and Sewerage Co Ltd. (KIWASCO)

13. Karuri Water and Sanitation Co Ltd. (KAWASCO)

14. Mavoko Water & Sewerage Company (MAVWASCO)

15. Oloolaiser Water and Sewerage Company

16. Kikuyu Water Co Ltd.

17. Maragua Water Users Association Water Users of Maragua, Irati and Gikigie Rivers

18. Tana Water Services Board (TWSB) Water Board


No. Name Category

19. Murang’a Water and Sanitation Company; Water Service Providers

20. Kahuti Water & Sanitation Company;

21. Murang’a South Water & Sanitation Company

22. Gatamathi Water And Sanitation Company;

23. Gatanga Community Water Scheme

24. KenGen Bulk Water Consumers/ Users

25. Kenya Tea Development Authority (KTDA)

26. Sub-County Water Officer National Government Line Ministries 27. Physical Planning Office

28. Public Health Officers

29. NEMA County Officer in Muranga

30. Department of gender and social development

31. Fisheries Officers

32. Agriculture Officers – District Agriculture Officer and District Livestock Development Officer

33. Sub-county Lands Officer;

34. Sub-County Development Officer (DDO);

Plate 4-1 shows the various consultative meetings held during the study. Plate 4-1 Photoplate of some stakeholder engagement activities

Photo 1: Public meeting at Ichichii Chief’s Camp. Addressing the community is Jacob-Sociologist, ESIA& RAP study team.

Photo 2: Public meeting at Mairi Shopping Centre, Kangari Location. Addressing the meeting is Daniel Mbugua, Community Officer from AWSB who attended the public meetings during the ESIA& RAP studies.

Photo 3: Focus Group Discussions meeting with Elders from Kangema Sub County at Ichichii Chief’s Camp. Facilitating the discussions is Jacob, ESIA & RAP Study team

Photo 4: Focus Group Discussions meeting with youths from Kigumo Sub County at the Makomboki Chief’s Camp. Facilitating the discussion is Michael- Environmentalist, ESIA & RAP study team


Photo 5: Introductory meeting with the Deputy County Commissioner- Kangema Sub County - Mr. J.G. Kamau

Photo 6: Introductory meeting with the Deputy County Commissioner- Kigumo Sub County and the ACC with Chiefs from the affected areas.

Photo 7: Stakeholder meeting with Department heads of line ministries in Kangema Sub County (Chairing the meeting is Mrs. M. Tilas, ACC Kangema.

Photo 8: Stakeholder meeting at the KenGen team- Wanjii HEP Station Offices (Bulk User of Maragua River down stream)

4.5 Summary of Stakeholders Comments

A summary of the issues of relevance to land take and resettlement as raised by the institutional stakeholders are presented in Table 3-3.


Table 4-3: Summary of the issues rising from the stakeholders consultations

Category of stakeholders

Suggestions and Positive & Negative Impacts

Issues and Concern Responses of relevance to the RAP Study

Department of Land

Land take and displacement

Expects loss of land at the intakes and the outfall;

Preparation of a RAP Report to mitigate impacts of displacement by the project on livelihoods.

This existing mechanism for resolution of land disputes has been included in the proposed grievance resolution mechanism under this RAP.

Land disputes Increased land conflicts due to increased demand of land

Currently, boundary disputes are handled at the District Land Registrars office but other land disputes are referred to court

Physical Planning Department

Controlled land use in the area arising from the right of way / easement for the tunnel

Risk of future land use conflicts due to the above.

Ensure that all the people along the tunnel right of way are aware of the dangers and related cautionary measures.

Recommendations developed from the consultations are:

Development of a program to map out all the acquired land under this project including setting out of permanent beacons;

Consider establishment of beacons that would be safe from vandalism by scrap metal dealers;

The ESIA study proposed a communication mechanism for construction related emergencies to be run by the Contractor;

AWSB and NCWSC need to develop and implement a communication plan for the operational phase of the tunnel which should include a dispute resolution mechanism;

This will not only inform any proposed measures to prevent future encroachment on the wayleave but would also help in informing any measures to manage the risk of vandalism on tunnel related structures and wayleave markers.

Departments of Agriculture and Livestock Development

Provided the study team with a copy of Ministry of Agriculture rates for crops grown in the study area

--- Rates included in the review and development of crop valuation rates proposed in this RAP.





Department of Agriculture and Livestock Development

Provided background information on crop farming and livestock husbandry as a livelihood stream in the project area.

--- Provided secondary data to feed into the development of the socio-economic profile of the project area as presented in this RAP report.

Specific focus was given on livelihood streams for PAPs.

Department of Agriculture

Safety risk of farmers at the intake and outfall areas

Displacement of farmers paving way for the wayleave for the Tunnel;

Identification of sites for disposal of spoil/ excavated materials

The contractor on site will have strict mitigation measures to follow, such as reinstating and compensation of crops affected by construction activity;

The intake and outfall structures will be fencing off the to avoid danger of drowning and restrict access to the hazardous sites;

Safe disposal and management of spoils will be recommended as per NEMA guidelines on waste management that will be noted in the ESMP;

During the operational phase, close monitoring of flood waters should be done to inform the demarcation of a buffer zone to show the extent of flood waters at the intakes and out fall area.

Fisheries Department

Provided background information on fishing and sale of fish as a livelihood stream in the project area.


Specific focus was given on livelihood streams for PAPs.

Public Health Medical Officer for Health

Provided background information as well as data on health indicators in the project area.


Specific focus was given to health issues arising in PAP households.

Also provided information on the current government run health programs in HIV/AIDS, leprosy, tuberculosis and immunization.





Department of Social Development

Provided background information on vulnerable groups in the project area.

--- Provided secondary data to feed into the development of the socio-economic profile of the project area as presented in this RAP report. Specific focus was on:

Ownership, control and use of land from a gender perspective;

NGOs and CBOs that assist vulnerable groups in the project area including the landless, persons with disabilities, orphans, the elderly and un-employed youths;

Social problems in the project area;

Food insecurity;

HIV and AIDS.

Management of construction phase impacts

Compensation should be paid for land and crops.

Proposals given in this RAP document.

Deputy County Commissioner

Role of officers in the Ministry of Interior and Coordination in past resettlement programs in the area

--- Output informed the proposals on institutional arrangements in this RAP report.

Land Valuation

Relocation by PAPs

Unrealistic expectations on land values;

Compensation proposed under this RAP should be reasonable;

Risk of resistance by land owners to give up any portion of their land.

AWSB is to initiate a community water supply project in Murang’a County;

The recommendation given to have the contractor signs an agreement with the community to ensure that roads will be reinstated and or improved will be considered in the ESMP.

Forestry Department

Provided background information on the links between forestry, conservation and livelihood streams in the project area.






Water Department

Reduced water flows down stream

Disruption of ground water down stream affecting the lower sections of Murang’a County.

The source of livelihood will be affected due to reduced water levels down stream.

Reduced water levels down stream that may lead to water conflicts between down stream user.

The proposed NCT will abstract the flood flow only and not the normal flows;

The hydrological and ecological studies under this ESIA Study considered the permitted abstractions on the Gikigie, Irati and Maragua rivers as well as the projected future demand by the water service providers in the county in assessment of the requirements of the environmental flows. The output from this assessment was handed over to the design engineers to review the study design.

Water Resources Management (WRMA)

National Environmental Management Authority (NEMA)

Easement of land acquired for the proposed NCT wayleave;

Possible impact on landslides and earth movements;

Stakeholder engagement

It’s important for the proponent to survey the land and have an easement and gazette the land as a Special Planning Zone to control future land use;

The ESIA study and technical Geological study reports should give mitigation measures to avoid landslides. The landslide prone areas in Muranga are: Karikoini Gatuya Location in Kahuru area (past case in 2003, landslide affecting- 35 households);

It’s important to involve the County Government in the studies and planning phases as well as the implementation phase of the project.

Community health and safety aspects were covered in the main ESIA report;

Comments were considered during the assessment of project components necessitating resettlement;

Recommendations on resettlement, compensation payment and prevention of future encroachment were then developed under this RAP study;

The implementation mechanisms proposed in this RAP includes participation by the County Government representatives in the RAP Implementation Committee, grievance resolution mechanisms as well as monitoring and evaluation of the RAP implementation process

Tana Water Services Board

Management of community health and safety during tunnelling.

Impact of blasting and excavation underground.





KenGen Impact of the project on socio-economic sustainability in the region

Concern is the sustainability aspect of the proposed development in the entire region as more developments are planned along the Maragua river system;

Impact of migratory aquatic species upstream with the intake infrastructure in place.

The proposed NCT will be abstracting flood flow water in the three rivers, therefore the normal base flow will continue down stream;

Its important to involve all stakeholders in the planning of any future water use development in the region, that will inform such stakeholders as KenGen on the sustainability of their operations;

The proposed designs of the intake structures has a provision of ‘fish ladders’ that allow fish to migrate upwards and down stream


4.6 Consultations with Project Beneficiaries

The project ESIA study team held consultative meetings with the project beneficiaries of the Northern Collector Tunnel- Phase 1 during the full study stage. The aims and objectives of consultation at this level were to inform, collect data on capacity analysis and comments on the proposed project by AWSB. These Water Service Providers include the following:

Mavoko Water and Sewerage Company;

Kiambu Water and Sewerage Company;

Ruiru- Juja Water and Sewerage Company;

Karuri Water and Sanitation Company;

Kikuyu Water Company;

Oloolaiser Water and Sewerage Company; and

Nairobi Water and Sewerage Company. The project beneficiaries validated the project impacts on their current abstraction levels as well as the expected project benefits. Details of these comments are provided in the main ESIA Report.

4.7 Focus Group Discussions

A total of four (6) Focus Group Community meetings were conducted with the Project Affected Persons (PAPs) in Kangema and Kigumo Sub Counties, three in each Sub County. The objectives of these meetings were to:

Understand how land is managed within the community;

Understand the roles of the different community levels (Elders, Women and Youth groups); and to understand how

Culture and natural resources seen as of importance to the community The venues of the meetings for discussions were in Ichichii Chief’s Camp and Makomboki Chief’s Camp in Kangema and Kigumo Sub Counties respectively. The following sections give a summary of the issues raised in the meetings of relevance to the RAP.

4.7.1 Land Ownership in the area Elders from the project area informed the FDG discussions that there are two main ways of land ownership. These are:

Freehold-Mainly inherited from ancestors; and

Tea plots- Owned by the County Government Discussions from the Elders brought out issues of ownership, noting that succession was not a major occurrence in the area. Most of the land was still in the name of their forefathers. However land transfers were common especially when land was sold. The elders noted that it is important for the valuer to categorise the assets on the ground as they may be owned by someone different from the title holder (land owner). Members from Elders- FDGs wanted the compensation to focus on both the property owner and the affected parcel of land. Some members suggested on listing all the beneficiaries of


compensation especially those that were of legal age to avoid family feuds over compensation. The Study team explained that GIBB Africa would take the records of all the project affected persons, however the issue on compensation would have to be solved by individual families in conjunction with the local administration. Family issues pertaining to land ownership also plagues the youth. Most of them complained that their parents had not given them a way forward with regards to land succession. They therefore wanted to know how the compensation will be done to avoid feuds. The study team noted the concerns and informed the youth FDG of the need to have a family consensus during compensation administration to avoid the problems that may arise due to compensation. During the Women FDGs in the area, the study team probed on the entitlement of women to land succession in the community. It was established from the meeting that culturally women were not entitled to land succession with the exception of women who were not married or in instances where the father wished to share his land to his daughters.

4.7.2 Social impacts of compensation Discussions were held on existing and proposed grievance resolution mechanisms which have been adopted in this report. Concerns were raised over the historical social impacts during the compensation for land during the development of the Ndakaini/ Thika Dam. The youth of the area felt that with the older generation holding on to land documents and not carrying on with succession, the youth will be left without land or control of development on it after compensation of the NCT. This is in connection to the compensation process during the construction of the Dam that led many youths without land, prior to succession. The study team responded to the concern, noting that the family should discuss any land ownership and compensation issues before administering the compensation. The youths suggested that it is important to hold civil education events to inform the community of the expectations during the compensation process and after, i.e. from one village to another. The elders’ discussions noted that it is important for the proponent to disclose the compensation/ valuation roll to the property owners before any development on the wayleave. It is best to communicate this through the local administration (Chiefs and Ass. Chiefs before going to the public, adding that the administration are trusted and well representative of the community in all affected locations. From elder’s discussions it was noted that conflicts may occur during the period of compensation. Suggestions were given in that grievance mechanism should be through the local administration, PAPs representatives from all locations affected and professionals, both local and outside the area.

4.7.3 Youth Groups in the project area In Ichichii and Makomboki Locations, the youth members of the community informed the FGD meeting of several youth groups that are in existence in the area. These include: Table 4-4 Active Youth Groups in the Area

Youth Group Function

1. Aberdare youth group Cares for the disabled and does livestock keeping.

2. Makomboki United Football Youth Group

Raises conservation awareness through sports


Youth Group Function

3. Ichichi Youth bunge Transport

4. Digital youth group Livestock keeping

5. Rumathi Self Help Group in Gatura Village, Makomboki Location

Livestock keeping for milk production

6. Duika focus for youth development Self-help group

7. Ichichi FC Raises awareness through sports

8. Umoja self-help group Rabbit keeping

9. Joy farmers youth group Planting fruit and tree seedlings, raising awareness on environmental issues

10. Mercy corp Financial support through loans

11. Gabu foundation Supports community projects

12. Ahadi Kenya Anti-jiggers campaign

These youth groups can provide an entry point into the project area for community development initiatives.

4.7.4 Gender roles From the various FDGs in the project area, it was noted that in the community the roles of men and women are distinct. They each have the following functions. The summary of roles is as given below: Table 4-5 Gender Roles

Men Women

Head of the family

Provides security for the family

Tea farming

Dairy Farming

Pruning Tea

Cooking for the family

Milking cows

Preparing kids for school

Transporting milk to the dairy

Farming

Washing cloths

Looking for firewood

From the Elder’s FDGs, it was also noted that according to the Agikuyu culture women are supposed to be hardworking and active in the farm (shamba). It was considered against the norm for a woman who is not involved with activities in the shamba.

4.7.5 Community perception of economic ability During the Elder’s and Women FDGs the study team probed on the factors that the community used as indicators of economic ability. The members gave the following factors

The size of the shamba;

The number of livestock;

The number of women one has;

The produce (vegetation) that one has from their shamba; and

The type of houses one has i.e. what materials have been used to make the house.

4.7.6 Grave sites The study team probed on to understanding how the community bury their dead culturally. Members from the Elders’ FDGs noted that most people buried their dead in homesteads. It was noted that there was a grave site that belonged to the county council in the area but people seldom buried their dead there. This was mainly due to the cultural beliefs carried by the community. The study team probed on to understand; in the unfortunate occurrence that during construction some grave sites happened to be affected. Members responded that culturally


death was a feared subject and in some instances regarded as a taboo to talk about it. They said that relocation of burial sites was a thing that was unheard of and suggested that incase the construction of the tunnel affected a grave site then the design of the tunnel should be changed to avoid it. Members from the FDGs suggested that in a case of an affected grave site, the affected families should be approached on a case by case scenario and a favourable decision arrived upon consultatively, among the family or clan.

4.7.7 Cultural sites in the area The study team probed the various FDGs on the locations or presence of various Cultural sites in the area within Kangema and Kigumo. The members of the discussions noted that most of the cultural sites are close to or inside to forest, such sites are:

Karia ka mbari ya hiti: - which is a crator lake believed to have been created by a bomb in the First World War in the 20

th Century. The lake/ water body was used for

cultural events, located in Tutho. The lake is a preserved heritage site;

Catholic Shrine in Tutho: - This is a shrine built by the Catholics in start of the 18th

Century (1700s). The community was adamant that any foreigner coming to the area with relation to the proposed NCT should respect the cultural significant sites in the area, including the Fig Tree (Ficus thonningii), locally known as Mugumo which are present in Kangema and Kigumo Sub Counties. After a review of the Land and Asset Inventory it was confirmed that no Fig Trees are to be affected under the land take covered by this RAP.

4.8 Comments from Community Sensitisation Meetings

A summary of the comments on the Northern Collector Tunnel- Phase 1 project raised from the public meeting, of relevance to the RAP are is presented in the following sections. (a) Grievance mechanisms during and after Compensation The community raised concerns over the conflicts over the transactions during the compensation period noting that it is important to create a committee from the community to settle any issues that would arise in the process of compensation. The proposed grievance resolution mechanism under this RAP incorporated this recommendation. (b) Dumping of Spoil on People’s Land The community raised concerns over the management of the spoil from tunnelling activities. They proposed that the spoil be used to improve the road network and that it should not be dumped on people’s land / farms. The community was informed that possible spoil areas had already been identified. This report proposes that a budgetary item be provided during the construction supervision phase to cover costs related to mitigation, compensation and / or restoration of these sites.


(c) Possible earth movement and faults The community raised concerns over underground activities and impacts such as creation of a fault line after earthquakes (in case it happens). Murang’a is a highly land slide prone area. The community had concerns over the vibration under the earth (soil layer) and the impact on the steep slopes of Kangema and Kigumo along the Tea belt. This report provides recommendations for management of the risks arising from earth movement during the construction and operational phases of the project. (d) Interruption of school activities Concerns were raised over the fact that construction might interrupt schooling and education activities in the area. It was noted that consultations have been conducted with Education Stakeholders and they also noted that the schools could be impacted by the construction so the camp site should be located far from residential areas. (e) Possible minerals underground The community raised concerns over the possibility of the proponent finding or discovering oil or such important minerals underneath a farmer’s land. They asked on whether the farmer will be paid for the resources underground and whether the co-ownership will restrict him being paid compensation by the extractors of the oil. The study team noted that in such a case, the people who will be responsible for extraction of such resources will communicate with the community of the developments and intended plans. The proponent of the NCT is interested in the construction and operation of the tunnel. Mineral findings during the construction period are better discussed with the Ministry of Mining prior to transmission of any information to project area residents. (f) Relocation The community raised the issue of forceful relocation from the top of the Tunnel. The Study team responded by informing the meetings that the project follows World Bank standards as well as the letter of the Law of the Land. Forceful relocation was not considered as AWSB commissioned a RAP study to identify, inform and collect concerns from those affected. In case of any resettlement whatsoever, the right and legal procedure will be adhered to for the same. This report proposes continuous community and especially PAP involvement to promote transparency in the resettlement process and manage any risks of resentment and resistance to the project due to resettlement issues. (g) Transparency in Compensation Payment It is important that the proponent (AWSB) to ensure that all payments or transactions on the given parcels to be done directly to the owner and/ or the administrator of the land at the time of compensation. The community did not want any crooks that will come in the name of brokering or mediating between AWSB and the land owner. This RAP report recognises that there will be need for multi-stakeholder involvement and possible recruitment of staff for certain elements of RAP implementation. This measure was proposed to enhance the capacity of AWSB in implementing the RAP. In view of the comments above, it will be critical to legitimise any stakeholders or representatives involved in the RAP process either due to their legal mandate as per the laws of Kenya, or through public vetting through validation by the PAPs.


These include the members of the RAPIC, grievance resolution committees or the monitoring and evaluation exercises. However, payment of compensation to the land and asset owners should be done directly by staff with a direct mandate from AWSB. (h) Absentee PAPs The community requested to know how those members of the public whose land or property is within the proposed wayleave for acquisition will be reached for details. The relatives, community and the local administration were requested to pass information to the persons who they know have been affected to be available on their property on the day of assessment. The community requested that absentee farmers be represented by their family members, neighbours or the village elder who have to sign an agreement on the administration of the compensation payment. (i) Possible flooding/ damage due to excess water The community raised concerns of the possibility of flooding at the Githika River due to the excess water added by the Tunnel. The excess water may cause damage to crops and possibly cause injury or fatality in the case of children in the area. The community also raised the concern of whether the proponent will build/ construct a wall to prevent the back flow of water at the outfall as it enters the Thika Dam. From the hydrology study under the design studies and the ESIA, the raised water levels as a result of additional volumes from the tunnel, has been deemed to be within the riparian land for the Githika River Valley. Considering that the tunnel is to include controls at the intake and the outfall, the ESIA study did not envisage any risk of flooding at the outfall. From a precautionary point of view therefore, the risk of unprecedented flooding should however be monitored during the tunnel operation and the requisite emergency response procedures be implemented. A grievance resolution mechanism has also been proposed for the tunnel operation phase to ensure that all queries are handled immediately they are reported to either AWSB or NCWSC. (j) Land use and acquisition of the wayleave above the Tunnel The community raised the issue of future land use on top of the NCT; noting that the tunnel may require a controlled land use. They were particularly concerned with the restrictions of the type of land use activity and structures, asking whether the wayleave will restrict farming activities. The community also wanted clarifications on the actual impact on land take for the project and requested for a project map showing all the parcels to be affected by the tunnel. The study team clarified the concern noting that the width is 3m along the tunnel. The proponent is considering co-ownership with the farmer/ land owner, therefore the co-owner can use the land, but in a controlled manner. As earlier outlined, this report proposes outright acquisition of this wayleave to ensure control of land uses above the tunnel by AWSB. This report also proposes that the land acquisition map should be one of the documents to be disclosed to the public.


(k) Cut- Off dates The community asked the study team of the intention of the cut- off dates and asked whether only the enumerated and valued structures as well as parcels affected will be compensated after the cut- off dates. The team responded that the cut-off date is the determinant of the assets and crops or trees to be compensated. The intention of the cut off dates is to limit the continued development of the land parcels affected by the Tunnel. The Valuer will only value the assets on the ground in between the dates agreed upon at the public meeting. (l) Direct benefits from the NCT-Phase 1 The community raised the proposal that the areas between Kiruri and Makomboki should gain in one way or the other during construction and operation phases of the Tunnel. Some of the benefits proposed are:

Improvement of education facilities in the area;

Improvement on the roads; especially after the construction period is over by reinstating and improving on the existing situation. Examples given were: the bridge at Kiarurumo- Ichichii Road, connecting roads of Kangari- Kinyona, Kinyona- Njambini Road (19km) that would open the area to Nyahururu areas;

Providing employment opportunities at the construction and operation phases to the locals of the area;

Supporting the proposed water supply project development to Kiruri Location (Gatagwagwo Water Project) from the Ciainya River;

To assist in building the Wangii Tea buying Center in Kiruri Location;

Improving the health centre at Kinyona with clinical supplies and equipment;

Assistance in finishing construction of the Bishop Gatimu Girls Secondary School in Kinyona; and the

Improvement of the electricity coverage in the area. The proposed support projects to the community in the project area were noted and will be given to the proponent. It was noted that the road networks in the area is directly correlated with the livelihoods of the community in the area; this is because they use the roads to deliver tea, which is a major cash crop in the area. Priority should be placed on the improvement of roads. (m) Support for Aberdare Forest Conservation Initiatives The community noted that the people settled in the upper zone, at the base of the forest, are important to the conservation of the catchment. The community requested the proponent (AWSB) to support the community initiatives and cooperation during the operation of the NCT so as to ensure sustainability of the supply of water from the water tower. The study team as well as the client representatives in the public meetings responded to the request. The community conserving the forest along the edge of the forest are indeed important as they play a crucial role to the sustainability of the hydrological system that affects many people all over the Country. Proposals to cooperate and support the community activities will be considered. (n) Concerns on Sharing of Project Benefits The community raised concerns over the abstraction of water from their area to serve people in Nairobi. They noted that several water users of the river who might be impacted. The study team informed the meetings, noting that hydrological study, currently being undertaken to determine water usage, demand and current flows in relation to what is to be proposed to be abstracted.


The study team further noted that the proposed water to be abstracted from the three rivers was flood flow only and not the normal or low flows. These intakes are designed in a manner to automatically shut/ close when acceptable flows are reached. This will ensure that the downstream users continue with using the water from the three rivers. The community was also taken through the water projects that Athi Water Services Board (AWSB) has proposed for the project area especially the downstream areas such as: Kiharu, Kenol and Kandara.

4.9 Preferred Compensation Modes

The preferred compensation modes by the PAPs are as shown in Table 4-6 and Figure 4-1. Table 4-6 Preferred Compensation Modes

Losses Cash In-kind No response

Land 78.62% 6.29% 15.09%

Structures 25.79% 4.40% 69.81%

Crops 78.48% 3.80% 17.72%

Trees 48.73% 7.59% 43.67%

Additional allowance 3.82% 4.46% 91.72%

Figure 4-1 Preferred Compensation Modes

From the responses, majority of the PAPs would prefer cash compensation for all the losses except for additional assistance where more people preferred in-kind assistance that cash assistance. There were some people who also preferred in-kind compensation for loss of land. Follow up should be done with this group and the relevant Murang’a County and the County Commissioner’s office during the disclosure period to determine the availability of resettlement land and the feasibility of acquiring such land within the County. From review of the land tenure system in the area and discussions with key informants, it may be better to seek for commensurate properties from Community (former Trust) land for conversion and resettlement of these persons.

0

20

40

60

80

100

120

140

160

Cash

Inkind

Not Applicable


4.10 Disclosure of the RAP Report

The Disclosure process should be undertaken in a manner that is inclusive, culturally appropriate and ensures the participation of vulnerable groups.

4.10.1 Background Section 34 of the World Bank Policy on Disclosure of Information states that whenever the Bank requires a Resettlement Instrument (RI) or Indigenous Peoples’ Development Plan (IPDP) for an operation; the proposed borrower prepares an RI or IPDP as a separate, free-standing document. As a condition of appraisal of the operation, the borrower provides the draft RI or IPDP, which conforms to the relevant policy and makes it available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs. To facilitate this, this RAP report proposes modalities for public disclosure of the study findings as outlined in section 3.9.2.

4.10.2 Disclosure of the RAP Report by Athi Water Services Board During the field studies, the study team established that due to the nature of the terrain of the project area and the modes and schedules of the public transport system, the disclosure of the RAP is better done at select locations along the tunnel alignment. To adequately cover the PAPs along the approximately 11.8km alignment this report proposes setting up of desks at two points namely the intake area (Ichichi) and at the outfall area (Makomboki). These desks would be best set up at the Chief’s Office or at tea buying points. The study documents should be disclosed at two levels i.e. public level and household level. For purposes of this section, public level disclosure means that any member of the public can review the documents provided. Household level disclosure means that only the household head and his spouse(s) can review the documents provided. The documents to be viewed at both levels are as follows:

Public level:

Volume I of the RAP Report (This Report);

Land Acquisition Map;

Household Level: information specific to PAP units should be disclosed only to the specific PAPs, that is the household heads and their spouses only:

Land search findings;

Inventory of assets;

Proposed compensation figures;

Baseline socio economic data at household level.; This study also proposes that additional volumes of Volume I (This Report) be disclosed at a desk that can be easily accessed by the public. This can be done at the same points that NEMA discloses the ESIA Report. In practice, this is usually the (NEMA).County Director of Environment.


5 IMPACT ASSESSMENT AND LIVELIHOOD RESTORATION

Land acquisition and construction of the proposed tunnel is expected to impact on the community in several ways. This chapter addresses impacts resulting from acquisition of land for the project.

5.1 Eligibility Criteria for Compensation

In line with O P 4.12, displaced persons may be classified in one of the following three groups:

(a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country)

(b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan

(c) Those who have no recognizable legal right or claim to the land they are occupying Majority (99%) of the PAPs fall under category (a) with the rest (tenants) falling under category (c). The impacts that will arise from the development of the above infrastructures include:

Loss of land;

Loss of crops;

Loss of trees;

Loss of residential structures;

Loss of business structures;

Impact on learning institutions. This report therefore proposes compensation for loss of all these assets at full replacement cost. Additional assistance has also been proposed for the tenants as outlined in the following sections.

5.2 Land loss

Land loss resulting from the proposed project will be necessitated by involuntary land take for the purposes of development of the water diversion, containment and conveyance structures. In total 18.87 acres of land will be acquired for the project as outlined in Table 5-1. Table 5-1 Land take for the Project

Section of the project Total land take (acres)

Tunnel 8.70

Maragua Intake 2.84

Gikigie Intake 1.62

Irati Intake 1.45

Githika outfall 4.26

Total 18.87


The land tenure within the project area is private ownership. It should be noted that the major land use within the projects target area is agricultural production with tea being the most produced crop. The total land holdings by the PAPs range from a minimum of 0.01 to about 19 acres. The larger land holdings are within the tea growing zones while the smaller ones include sites for public amenities (e.g. the football field) and residential properties at the outfall area. Recommendations

Cash compensation at full replacement cost, taking into account market values, or in-kind compensation. The land should be in the same locality with same level of productivity;

Payment of a disturbance allowance amounting to 15% of the value of land;

PAPs should be sensitised at the on-set to update their land ownership documentation. There are cases of sub-divisions and succession that should be sorted to ensure that there is no question on the eligibility of the land owner identified under this RAP;

Where land parcels are small resulting in losses of up to 80% of land it is proposed that the entire land parcel be acquired. This is the case mainly at Ichichi area.

5.3 Loss of Structures

Affected structures include residential structures, majority of which are constructed using timber (walls) and corrugated iron sheets (roofs). Only 29% of the houses are constructed using stone masonry and bricks. Water and sanitation structures affected consist of three (3no) water tanks and nine (9no) pit latrines. To avoid negative impacts on sanitation and public health, these facilities should be re-established with the other housing structures and the pit latrines backfilled. Other housing related facilities affected include detached kitchens and a biogas production installation (small scale). Affected small scale business structures should also be re-established to ensure that there is minimal impact on trading activities and no losses on incomes during the transition stage to the new structures. Other income related structures within homesteads include cattle boma’s and chicken pens. Recommendations It is proposed that the PAPs be allowed to construct their structures and relocate prior to commencement of construction activities. The following additional recommendations are given Loss of residential structures:

Cash compensation at full replacement cost, taking into account market values for structures and materials;

Payment of a disturbance allowance amounting to 15% of the value of the structure;

Upon payment of compensation PAPs should be given at least four (4) months to relocate from the project site;

Provision of opportunity to salvage the remains from demolition of the PAPs structures.

Loss of business structures:


Cash compensation at full replacement cost, taking into account market values for structures and materials;

Payment of a disturbance allowance amounting to 15% of the value of the structure;

Upon payment of compensation PAPs should be given at least four (4) months to relocate from the project site and re-establishment of the business in the same locality;

Provision of opportunity to salvage the remains from demolition of the PAPs structures.

Tenants

Moving allowance to cater for transport costs anywhere within Murang’a to a maximum of ten thousand shillings (Kshs 10,000.00);

Three (3) months notice to vacate the premises.

Provision of opportunity to salvage their assets and materials.

5.4 Impacts on Graves

During the study only two graves located in one land parcel will be affected. Considering the comments raised during consultations on graves, the following is recommended:

Written confirmation with the affected household members that no relocation of the graves will be required;

Written agreement with the PAP to allow them access to the grave sites during project operation period. This will be critical in consideration of the recommendations given in section 5.10 on management of the wayleave after compensation.

5.5 Impact on Education Facilities

Five (5 no) learning institutions have been impacted through either loss of land and / or structures within the school. The table below presents learning institutions that have been affected by the project. Table 5-2 Affected Learning Institutions

Institution Sub-location Sample photo

Ichichi Primary School

Ichichi

Ichichi Secondary School

Gikigie Primary School

Gikigie

Makomboki Primary School

Makomboki

Makomboki Secondary School Ichichi Primary School

The impact on the above mentioned institutions is varied. Some of the institutions will be affected through land loss or loss of structures or both as explained below:


5.5.1 Ichichi Primary School

The school has a total population of 295 of which boys make up 152 while girls account for 143 pupils. The school is landed in approximately 2 acres and serves the whole of Ichichi, Nduini and parts of Karuri sub-locations within a radius of 5km. Any activity that would result in relocation of the school will affect a wide population who currently rely on the school for education of their children.

5.5.2 Ichichi Secondary School The secondary school has a total population of 240 students of which boys account for 125 and girls account for 115. There is considerably low number of secondary school in this area which sets Ichichi secondary school to be an important pillar of Secondary school learning within the location. In this point, the tunnel passes under structures including a school dormitory, while the unaffected land was part of the area targeted for future expansion of the school dormitories, staff houses and toilet blocks. The school administration requested for in-kind compensation for any structure that will be required to be moved by purchase of land preferably from Ichichi Primary School to be land the relocated dormitory and workshop due to its closeness to the school.

5.5.3 Gikigie Primary School Gikigie is found in Gikigie Location. The school has a total population of 541 of which 264 are boys and 277 are girls. The school is two streamed thereby having a total of 16 classes. The proposed wayleave affects land and a woodlot of mature trees.

5.5.4 Makomboki Primary School and Makomboki Secondary School The two schools are developed in once (1) parcel of land use different gates. In Makomboki Primary School the tunnel passes under the schools field and fences while Makomboki Secondary the tunnel passes under the school field and toilets. The school administration for Makomboki Secondary School requested for in kind compensation. They also requested that the project construct flush toilets and a dormitory as a Corporate Social Responsibility initiative.

5.5.5 Recommendations for Impacts on Educational Insitutions

In-kind compensation for loss of structures and land, taking into account market values for land, structures and materials;

As far as is possible, construction activities in the schools or their vicinity should be done during school holidays or be organised in such as way as to minimise disruption on learning;

The project should also consider development of school facilities as requested by the administration as part of CSR activities under the project;

Development of committees including Parent Teacher Association (PTA) representatives (or the equivalent), school administration, County Government and opinion leaders in the area for CSR initiatives proposed for the schools;

Provision of opportunity to salvage the remains from demolition of structures.


5.6 Impact on religious institutions

One (1) church with the name Bible Fellowship Church in the project area will be affected by the project. Recommendation:

Cash compensation calculated at Full Replacement Cost of the structure and any land affected by the project.

5.7 Impact on Public Infrastructure

There are areas where the tunnel is to cross under public roads and public utilities on the related road reserve. Acquisition of land and structures in these areas is not recommended. However, AWSB should ensure that records of these areas are shared with the agencies responsible for these assets.

5.8 Loss of Crops and Trees

Affected crops and trees include tea, fruit trees (avocado, plums), bamboo, eucalyptus, arrow roots and Napier grass. Considering the value of tea and incomes that come with it, the valuation of land with tea on it was given special consideration in the valuation methodology. There may however be need to discuss and agree with the PAPs on tea losses, depending on the nature of comments arising from the disclosure at household level. The following is also recommended:

Cash compensation at full replacement cost;

Provision of opportunity to harvest and salvage fodder, fruits and timber.

5.9 Impact on vulnerable members of the community

The World Bank defines vulnerable groups ‘…as the poor, women, and indigenous peoples; those less able to care for themselves (children, the elderly, and the disabled); and other groups not protected by national land compensation law (those without land or use rights; host communities; and community members remaining in the original area after resettlement).’ Source: World Bank Involuntary Resettlement Sourcebook p. 71.

From consultation with the District Social Development Officers in the project area it was noted that persons aged 60 years and above are considered vulnerable. The project will affect the following vulnerable persons;

Female headed households which were found to account for 29.73% of the household heads;


Elderly persons that is persons of 65+ years of age account for 31.08% of the affected population.

In case of the proposed risk assessment by AWSB on the land and improvements on land for the above named categories of person’s show that they will need to relocate, the impact on them will be heavier on them than the non-vulnerable groups of persons in the following way:

Elderly - Emotional attachment of the elderly to their current area of residence, business or other economic activity is higher than that of younger generations. Therefore if they will be required to be relocated emotional loss could lead to stress that will require proper management strategies. Secondly, In case loss of livelihoods by this category of persons, re-establishment by this households could prove to be a challenge due to low physical strength to search for new sources of income;

Female headed households - The process by which women become household head generally features help from the community, including close relatives, neighbours and distant relatives. Therefore the social capital that female headed households have accumulated at the current establishments can be lost as a result of relocation thus rendering them susceptible to life shocks due to loss of support societal structures;

Recommendations Additional assistance over and above compensation for affected properties should include but not limited to:

Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO) of the two sub-counties. This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;

Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled.

5.10 Management of the Wayleave after Compensation

It is recommended that AWSB establishes a program to facilitate the following:

Intake and outfall structures should be fenced after requisite surveys and development of new titles / records of ownership. These records should also reflect on the documents of the displaced PAPs who will remain adjacent to the sites;

After implementation of the compensation payment program and resettlement of PAPs, AWSB should co-ordinate with the Surveys of Kenya and a Licensed Surveyor to conduct a survey and establish fixed boundaries for the tunnel alignment;

These permanent wayleave co-ordinates should then be used to update all the cadastral maps within which the tunnel alignment crosses;

Permanent beacons should then be set along this corridor. These beacons can be concrete pillars of an appropriate height and width, set at appropriate distances along the alignment;

It is proposed that the nature of these beacons should be such that they do not attract vandals in the form of scrap metal dealers and that they do not form a physical barrier for land users on opposite sides of the corridor;

During the operation phase of the project, maintenance of the physical beacons should be reviewed at least every ten years and re-established where necessary.


5.11 Proposed Entitlement Matrix

In summary, the following entitlements and additional assistance are proposed. Table 5-2 Proposed Entitlement Matrix



Comments

Land Cash or in-kind compensation at full replacement cost. The land should be in the same locality with the same level of productivity.

- Cash or in-kind compensation at full replacement cost, taking into account market values for land

Where land take is more than 80% acquisition of the entire affected parcel

- - Affected households under this category are mainly at Ichichi area

Structures Compensation at full replacement cost, taking into account market values for structures and materials Right to salvage assets and materials

Right to salvage own assets and materials Compensation for structures, taking into account market values for materials

Compensation at full replacement cost, taking into account market values for structures and materials Right to salvage assets and materials

Issuance of these funds should be checked and monitored carefully to ensure re-establishment of housing for the sake of vulnerable groups

Crops and Trees




-Opportunity to harvest and salvage fodder, fruits and timber

Graves Written agreement with the PAP to allow them access to the grave sites during project operation period.

- - Only two graves on one land parcel were declared by the PAPs. They will not need to be relocated.

Additional assistance


Allocation of Kshs 10,000 to allow for hiring of a vehicle to travel to the resettlement area


Relocation allowance for tenants covers the vicinity of their current location in Murang’a County.

Sensitisation on update of land ownership documents





Comments

Where necessary, facilitation of efficient processing of succession and land subdivision processes by AWSB and the Murang’a County Government PAPs given at least 4 months to relocate

PAPs given at least 3 months to relocate to an area where they can live and work legally

Facilitation of sourcing for replacement land between AWSB and the Murang’a County Government

In-kind replacement of affected structures at the secured resettlement site


6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION

6.1 Existing Institutions of Relevance to this RAP

The following institutions have been identified to be relevant in the implementation of the RAP.

6.1.1 Ministry of Land Housing and Urban Development (MLHUD) The Ministry of Land, Housing and Urban Development (MLHUD) is mandated to formulate and implement land policy, undertake physical planning, register land transactions, undertake land surveys and mapping, land adjudication and settlement, land valuation and administration of State and public land. The MLHUD delegates the management of land in the Counties to the County Land Boards

and Land Committees, while the Commissioner of Lands manages land belonging to the

Government of Kenya.

County Lands Board

The roles of the County Land Board are as follows:

Keep and allocate land by the State in the County;

Assist in recording, registering and transferring of rights or claims on land;

Make and keep up to date a list of compensation rates for the loss or damage to

crops, houses and other property;

Revises the list of rates of compensation each year.

The following departments under the Ministry of Lands would be important in the implementation and management of the RAP: County Lands Officer, County Lands Survey Office, and Valuation Surveyor The office deals with acquisition, planning, demarcation, survey, and allocation of all agricultural land. In the implementation of this RAP the department will be relevant in provision of support in dispute resolution and provision of clarification where land ownership instruments are outdated. This may occur in cases where registered owners are deceased or have subdivided and sold their land yet the records have not been updated.

6.1.2 National Lands Commission The National Lands Commission (NLC) is mandated to:

Manage public land on behalf of the national and county governments;

Recommend a National Land Policy to the national government;

Advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;

Conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;

Initiate investigations, on its own initiative .or on a complaint, into present or historical land injustices, and recommend appropriate redress;

Encourage the application of traditional dispute resolution mechanisms in land conflicts;


Assess tax on land and premiums on immovable property in any area designated by law; and

Monitor and have oversight responsibilities over land use planning throughout the country.

The role of the NLC under the Land Act 2012 in resettlement is mainly concerned with compulsory acquisition. As such, this proposed mechanism has not allocated a role to this Commission. However, if after the disclosure process the NLC is involved in RAP implementation, a review of the proposed mechanisms in this report would still be in order.

6.1.3 Ministry of Interior and Coordination Under the new dispensation, the Ministry has a 8 tier administrative framework starting with the County Commissioner to the Village Elders. Below is the breakdown of levels of administration:

Regional Commissioner Heads the Region;

County Commissioner Head of Counties;

Deputy County Commissioner Head of County;

Sub-County Commissioner Head of Division;

Deputy Sub-County Commissioner Head of Sub Division

Chief Head of Location;

Assistant Chief Head of Sub Location;

Village Elders Operate under Chief and Assistant Chiefs within villages.

The officers of this Ministry were instrumental in mobilisation and co-ordination between the study team and the Murang’a County Government. Their contribution to the implementation phases of this RAP would promote continuity in whatever communication strategy is selected for RAP implementation.

6.1.4 County Government of Murang’a The County Governments were formed under the Kenyan Constitution and consist of various levels including:

The County Governor;

The County Executive;

The Legislature known as Members of the County Assembly, headed by a Speaker;

Various officers leading specific departmental roles. Other actors within the County include:

Members of Parliament who represent their specific constituencies at the National Assembly;

A County level Women’s Representative who represents gender issues? at the National Assembly;

A Senator who represents the County at the Senate. The people’s representatives play a crucial role in support of the resettlement program due to their role as opinion leaders in the project area. Support of the RAP by the County Government can also not be underscored as they play a crucial role in management of expectations both among the County Assembly and the PAPs. This group can therefore provide advisory and support services on a case by case basis during the implementation of the project and all its components including this RAP.


6.2 Proposed RAP Implementation Arrangements

This report proposes a three tier mechanism for implementation of this RAP

A RAP implementation mechanism (RAPIC);

A grievance resolution mechanism;

A monitoring and evaluation mechanism. Details are presented in subsequent sections.

6.3 RAP Implementation Committee

We propose that a RAP Implementation Committee (RAPIC) be formulated with the following participants;

Athi Water Services Board;

County Government of Murang’a;

Ministry of Interior Design and Coordination;

PAP representatives. Specific roles are as presented in the following section.

6.3.1 Athi Water Services Board We propose that the main driver of RAP implementation and consequently the RAPIC be AWSB. To facilitate this, various staff in AWSB would be expected to play both primary (implementation) and secondary (co-ordination, supervisory and advisory) roles in RAP implementation. These are:

The Chief Executive Officer (CEO) AWSB;

Technical Manager, Project Implementation Unit;

AWSB Legal Advisors;

Environmental Officer;

Sociologists. It is proposed that the RAPIC secretary, the Grievance Resolution Co-ordinator as well as the field team leaders during RAP implementation be AWSB staff. All these persons should report to the Chief Executive Officer or whomever he seconds in his stead on RAP implementation matters. Considering that AWSB staff already have specific roles within the organisation that may or may not directly relate to RAP, it is proposed that specific terms of reference (ToRs) be written for any AWSB staff charged with RAP implementation roles. These ToRs will be relevant to the implementation of the RAP for the duration of the pre-construction and construction phases of this project. It is also proposed that while the CEO of AWSB is a key figure in RAP implementation, the day to day running of the RAPIC be seconded to the Technical Manager, Project Implementation Unit. Due to the intensive time inputs expected during the disclosure period and the compensation payment phases, this RAP proposes that AWSB consider the option of temporary staff to assist at these two crucial stages of RAP implementation. Temporary staff may also be required during the field activities for monitoring and evaluation verification / validation exercises.


The following roles are proposed for AWSB Staff: Primary Roles These are the roles relevant to the day to day implementation of the RAP:

Community sensitisation through-out the implementation process;

Disclosure of the RAP Study outputs;

Secretary of the RAPIC;

Convene RAPIC meetings;

Keep records of the deliberations of the committee;

Issuance of compensation payment to PAPs;

In collaboration with the County Government, issue notices to relocate to PAPs;

Monitoring of the RAP implementation program (progress, inputs, outputs, outcomes and performance);

Secondary Roles These are roles related to support of the overall implementation of the RAP. The key players are expected to be AWSB staff in other disciplines including engineering, legal services, public relations / communication, human resources and finance. Specific roles are to advise on or assist with:

Drawing of Terms of Reference for internal staff (AWSB) and representatives of various public bodies involved in RAP implementation;

Allocation of human resources and where necessary, hiring of staff to assist with or drive RAP implementation;

Dispute resolution;

Conveyancing (land);

Communication with public entities, the media and civil organisations;

Financial accounting and / or audits where deemed necessary, of financial resources allocated to compensation payment and RAP implementation;

Recruitment of RAP implementation support staff.

6.3.2 County Government of Murang’a The following roles are proposed for the County Governments:

Advise in verification of land ownership instruments issued by the former County / Municipal Councils;

Where necessary, advise on land ownership instruments issued by the former County / Municipal Councils;

Ensure that there is no further encroachment on the wayleave after the cut off date;

In collaboration with AWSB, issue notices to relocate to PAPs;

Participate in dispute resolution. It is proposed that while the Murang’a County Governor is a key figure in RAP implementation, the day to day involvement of the County Government in the RAPIC be seconded to the County Executive Member in charge of Land. This also RAP proposes that the County Executive Member in charge of Land be the key person in co-ordinating County Government Staff in their supporting roles for RAP implementation.


6.3.3 MLHUD Officers in Murang’a and Nyeri

The roles and responsibilities of MLHUD officers in Murang’a and Nyeri will include but not be limited to the following:

Verifying ownership of the land;

Assist with land adjudication where necessary and the related roles;

Assist in efficient update of land ownership records;

Participate in the grievance mechanism when called upon;

Advise on valuation whenever there is a re-alignment of the project wayleave.

6.3.4 Ministry of Interior and Coordination

The roles of these officers in the implementation of this report are:

Co-ordinating and mobilizing identified departments at County level to participate in the implementation of the RAP report especially the Chiefs;

Provision of security during implementation of the RAP;

Facilitation of election of PAP representatives. The Chief and Assistant Chiefs will be responsible for the following:

Initial verification of ownership claims at the village level in liaison with MLHUD before confirmation by County Land Officials i.e. County Lands Officer and County Surveyor;

Certification of agreements between land owners and family members with regards to the compensation exercise;

Verification of sale and resolution of grievances for cases where land parcels were sold without a written sale agreement to facilitate compensation;

Organising public sensitization and mobilization drives during disclosure by MLHUD and compensation;

Participating in dispute resolution.

6.3.5 PAP Representatives These are persons in the RAPIC to represent the PAPS. PAP representatives from institutions should be appointed by the respective institution while PAP Representatives for households and businesses should be elected. The following representatives are proposed to form part of this sub-committee:

A representative of land and asset owners;

A female representative;

A youth representative;

A representative from Members of County Assembly (MCAs) of the affected areas. The PAP representatives can the select a chairman among themselves. The roles of the PAP representatives are to:

Collect views of the PAPS and present them to the RAPIC;

Help in confirmation of the asset inventory;

Act as a liaison between the RAPIC and the PAPs and vice versa;

Assist in dispute resolution where necessary.

Figure 6-1 summarises the Organogram as proposed in above.


Figure 6-1 Organogram for the Proposed RAPIC

CEO-AWSB

County Governor

Technical Manager-PIU

CEM in charge of

Land

Relevant Officers

County

surveyor

County

Land officer

County

Adjudication

officer

County Commissioner

Asst. County Commissioner

Chairman

MCA Rep

Institutional PAP Reps

Institutional PAPs

Chief of affected

Locations

General PAP’s Rep

Youth Rep Women Rep

Elected

Resettle

ment

Actio

n P

lan I

mple

me

nta

tio

n C

om

mitte

e (

RA

PIC

)


Key MCA: Members of County Assembly Rep: Representative CEM: Chief Executive Member


6.4 Grievance Mechanisms

6.4.1 General Information

Grievance mechanisms are important to the resettlement process as they allow for RAP implementers to identify disputes in good time and allow for them to be resolved in a transparent and accountable manner. Compensation based disputes are issues are also likely to occur during and after the RAP implementation program, hence it is critical to establish this system prior to implementation of the resettlement program. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgements on both sides. A well established and validated grievance mechanism can also promote good relations between the project proponent and the affected community thus reducing the risk of hostilities and delays on the construction program, both before and after the contractor takes possession of the site.

6.4.2 Existing Mechanisms for Dispute Resolution From consultations during the RAP studies, the study team was informed that the following local mechanisms already exist: For the case of land disputes on boundaries of property, the District Land Registrar’s office usually handles these cases. Other land disputes are usually referred to the Courts. Section 4 (2) (h) of the Land Act 2012 on the guiding values and principles under the Act is on “encouragement of communities to settle land disputes through recognized local community initiatives”. The grievance mechanism proposed under this RAP aims at incorporation of a locally based grievance mechanism.

6.4.3 Expected Grievances Considering the nature of resettlement and as informed by the findings of the field studies, the type of grievances that may arise include:

Grievances between two PAPs from the same family (nuclear and extended). During the FGDs under this RAP study, the youth noted that there are some families where issues of succession have not been clearly resolved. Such situations among the PAPs may result in family feuds over who should receive compensation on behalf of the affected family;

Grievance between two PAPs from different families;

Grievance between PAPs and the RAP implementers;

Grievance between PAPs and the RAPIC with regard to land ownership and compensation;

Grievances between PAPs and RAP implementers may arise if PAPs feel they are not adequately involved in the implementation process.

These kinds of disputes are best resolved at the local level to avoid time delays that may arise if people move to court. It would also help to manage the risk of loss of social capital due to bad relationships among family members and neighbours.


6.4.4 Proposed Grievance Mechanism During the Elders FGDs, the study team probed on the appropriate proposals to compensation to avoid the occurrence of the noted problems during compensation, such as family feuds and conflict. Members agreed that the most appropriate method would be to go through the local administration in case the issue was not solved at family level. The organization structure for conflict resolution that was discussed by the attendees is as follows.

The chief was given the responsibility of summoning members with disputes and solving problems arising from compensation.

The chief will receive the cheques of all members to be compensated at his office. Family members who have agreed among themselves on how to divide the compensation will be given the cheques by the chief.

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

Depending on the agreement and solution reached upon by the conflicting family, the chief will write to the bank to advice on how to divide the money among the beneficiaries.

This presupposes that the area Chief will be tasked with the main administrative roles within the local grievance resolution mechanism. The findings from the FGDs also raised suggestion that while the proposed grievance mechanism should be through the local administration, other members of the mechanism should include PAP representatives from all locations affected as well as local and external professionals. The following grievance mechanism is proposed for the implementation of this RAP: (a) Level One: Local Committee

A Local Grievance Committee constituted of the following members will be formed at the local level:

Chairman: Area MCA

Secretary: Area Chief

Members: three PAP representatives consisting of a man, a woman and a youth (18 to 30 years).

This committee will sit at the office of the Ward Representative. The following procedure is proposed: 1. A PAP registers a grievance and within one working day, the committee members

are alerted of the case; 2. The affected person is immediately informed of the next date of the scheduled

hearing. Depending on the case load, a maximum of 7 working days should be given between the date that a case is recorded and the date when the hearing is held;

3. The committee meets once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held;

4. The committee will communicate its judgement to the affected persons within 3 working days;

5. If no resolution is met or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within 5 working days of the hearing;

6. If the PAP is not satisfied with the judgement, he or she will be allowed to move the case to the next level.


(b) Level Two: County Committee

Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing a solution. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. A County Level Committee constituted of the following members is therefore proposed:

Respected Opinion Leader in the Community such as a religious leader or a community elder;

A specifically delegated representative from AWSB;

A representative of the County Government e.g. the Chief Officer Lands Housing and Urban Development

Deputy County Commissioner (DCC);

Members: three PAP representatives consisting of a man, a woman and a youth.

This committee will be chaired by the Opinion leader but the proposed secretary is the representative from MSF. This committee may also invite an arbitrar or qualified representatives from the Attorney General’s Office at the County Level. Other specialists from the line ministries can also be invited to provide expert advise as the need arises. These may include officers from the MLHUD such as the District Lands Surveyor and / or the District Land Registrar. This committee will sit once a month at the County Government Office. The following procedure is proposed: 1. A grievance is forwarded from the Local Level Committee and logged at the

County Government Office. This includes cases forwarded from the Local Committee Level;

2. Within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing;

3. Prior to the hearing, the chairman and the secretary will determine the need for an arbitrar and invite them to the hearing;

4. A hearing will then be held within twenty days of the grievance being raised; 5. In cases where an arbitrar is required, the committee’s ruling is final. The

complainant should however be made aware of the fact early prior to commitment to the arbitration;

6. The ruling of the hearing should be communicated within 3 working days; 7. Disputes that cannot be resolved at this level should be forwarded by the

committee to the next level within five working days.

(c) Level Three: Project Committee Some grievances may also occur that are outside of the direct control of the RAPIC and would require intervention at national or county policy level. These include disputes that require policy interpretation or investigations prior to a conclusive resolution. In such cases, the RAPIC may require legal interpretation on certain aspects. A Project Level Committee constituted of the following members is therefore proposed:

Chairman: Chief Executive Lands Housing and Urban Development;

Secretary: Deputy County Commissioner;


A specifically delegated representative from AWSB;

Members: three PAP representatives consisting of a man, a woman and a youth.

This committee will sit once a quarter at the County Government Office. The following procedure is proposed: 1. A grievance is logged at the County Government Office and within five working

days, a notice is sent out to all the interested parties informing them of the date of the hearing. This includes cases forwarded from the County Committee Level;

2. A hearing will then be held within thirty days of the grievance being raised; 3. In the event that investigations and technical witnesses are required, a maximum

of thirty (30) calendar days will be taken prior to a hearing being held; 4. The committees decision will be communicated in writing within 5 working days of

the date of the hearing; 5. If the committee does not resolve an issue, the affected persons are free to go to

the Land and Environment Court. Considering the various levels of decision making required at this stage, it is proposed that the final decision from this committee be communicated within three months (a quarter within the financial year). A flow chart of this process is presented in Figure 6-2 overleaf.


Figure 6-2 Flow Chart of the Proposed Grievance Resolution Mechanism

Grievance Logged at Ward Representative Office

Complainant immediately receives notice of the date of the hearing

Notice to Local Committee Members

1 day

7 days

Hold Hearing RESOLUTION

L

OC

AL

LE

VE

L C

OM

MIT

TE

E

NO RESOLUTION

Notice of Hearing

Invitations to Arbitrar or Technical Witnesses

Grievance Logged at County Government Office

5 days

25 days

Notice of hearing Grievance Logged at County Government Office

Hold Hearing RESOLUTION

NO RESOLUTION

NO RESOLUTION

5 days

5 days

Hold Hearing

25 days

RESOLUTION

PR

OJ

EC

T L

EV

EL

CO

MM

ITT

EE

C

OU

NT

Y C

OM

MIT

TE

E

Land and Environment Court


6.5 Monitoring and Evaluation

Monitoring and Evaluation (M&E) involves the development of a system through which information regarding resettlement activities of PAPs is analyzed by the implementing agency or other tasked independent monitors to ensure objectivity and success of the whole RAP process. RAP monitoring helps to evaluate the success of resettlement through the study of specific performance indicators for a reasonable period of time after the resettlement activities have been completed. The process is also important in measuring project inputs, outputs and outcomes of resettlement activities and for evaluating resultant resettlement impacts.

6.5.1 Internal Monitoring AWSB has the overall responsibility of conducting regular internal monitoring of the progress of project implementation. The monitoring should be a systematic evaluation of the implementation stage in relation to the recommendations of this report. In undertaking the same, AWSB will be the main driver of RAP implementation. As such, it will be their responsibility to undertake regular internal monitoring of the process. The objectives of internal monitoring and evaluation will be:

To ensure that the compensation process is implemented with utmost transparency;

To verify that funds for implementation of the RAP are provided in a timely manner and in amounts sufficient for their purposes.

The Internal monitoring process should entail the following regarding the process:

Accomplishment to-date;

Objectives attained and not attained during the period;

Problems encountered, and;

Suggested options for corrective actions.

6.5.2 External Monitoring To ascertain quality and objectivity in the process, we also recommend that AWSB engage an external expert to conduct a comprehensive evaluation of the implementation of compensation activities and milestones on a regular basis. The objective of the monitoring will be to:

Review the results of the internal monitoring and review overall compliance with the study recommendations;

Assess whether compensation process objectives have been met, especially with regard to signing of agreements and management of grievances;

Evaluate post-compensation assistance to PAPs;

Assess general efficiency of the process and formulate lessons for future guidance;

Determine overall adequacy of entitlements.


6.5.3 Monitoring and Evaluation Indicators The monitoring and evaluation of the RAP will be done against the indicators presented in Table 6-1. Table 6-1 Monitoring and Evaluation Indicators

1. Process Indicators

Project input, public participation and monitoring

Setting up of RAPIC

Start and progress disclosure and consultation events

Formation of Grievance Resolution Committee

Monitoring reports

2. Output indicators

Delivery of entitlements, relocation and rehabilitation

Number of PAP Units relocated Number of PAP Units compensated and assisted

Amount of compensation disbursed

3. Impact Indicators

Long term impacts Changes in housing.

Changes in water and sanitation.

Changes in land holding.

Changes in occupation.

Changes in income and expenditure.

Re-establishment of income streams against change in expenditure.

Gender balance and women empowerment.

Changes in quality of life of the identified vulnerable groups

6.5.4 Methods of Monitoring

The M&E approach would be to identify and select a set of appropriate monitoring aspects and indicators and gathering information on them to assess the changes and variations. Participation of stakeholders, especially the affected persons, women and vulnerable groups will be ensured in the M&E process. Monitoring tools would include both quantitative and qualitative methods as follows:

Sample household survey: a baseline household survey of representative sample disaggregated by gender and vulnerability to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability;

Focused Group Discussions (FGD): Consult with a range of stakeholder groups (local government, Compensation Unit, NGOs, community leaders and P APs including women and vulnerable groups);

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

Community public meetings: Open public meetings at project sites to elicit information about performance of various project activities;

Structured direct observations: Field observations on status of RAP report implementation, plus individual or group interviews for crosschecking purposes;

Informal surveys/interviews: Informal surveys of PAPs, host village, workers, project staff, and implementing agency personnel using non-sampled methods.

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


6.5.5 Reporting The quarterly evaluation report shall be compiled by the internal evaluation team. This report shall then be availed to the RAPIC and the community through the PAP Representatives. The same procedure shall be adopted by the external evaluation team. For this RAP the monitoring and evaluation reporting schedule will be as follows:

Monthly reports on:

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

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

Combined progress report to include all the above and to be circulated internally.

Periodic reports to be done whenever management requires help in the evaluation of problems, or require information to help in making an important decision;

Annual monitoring and evaluation reports. The end of monitoring and evaluation will be marked by completion of RAP implementation.

6.6 RAP Implementation Schedule

An outline of the proposed implementation schedule is as presented in figure 6-3 overleaf.


Figure 6-3 RAP Implementation Schedule

Activity

Duration in Months

1 2 3 4 5 6 7 8 9 10

Duration in weeks

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

Mobilization

1. Sensitization of the PAPs;

2. Recruitment of support staff

3. Disclosure of RAP study findings at Household level;

4. Election of PAP representatives

5. Constitution of a RAPIC

6. Establishment and institution of a grievance mechanism

7. Determination of administrative costs for RAP implementation;

8. Determination of a funds allocation plan

9. Confirmation of a RAP implementation schedule

Compensation and Relocation

10. Drawing up offer documents for PAPs;

11. Solving of grievances;

12. Conduct M and E;

13. Payment of compensation;

14. Serving notice to move;

15. Relocation and recovery of materials

16. Closedown audit.


6.7 RAP Implementation Budget

6.7.1 Direct Costs for RAP Implementation

The estimated RAP Budget can be estimated at Ninety One Million Shillings (Kshs 91,000,000.00). The exact breakdown of this estimation is as presented in Table 6-2. Table 6-2: Estimated Direct Costs for RAP Implementation

Asset Amount in Kshs

Compensation for loss of land 10,886,740.00

Compensation for loss of structures, crops and trees 22,251,608.00

Add 15% disturbance allowance for all losses 4,963,125.00

Provision for moving allowance for 3 tenants 30,000.00

Sub-total 38,131,473.00

Provisional Cost for compensation at the Intakes and Outfall* 17,500,000.00

Sub-Total 55,631,473.00

Provisional cost for M &E at 15% of compensation cost 8,344,720.95

Provision for psychosocial support programs for PAPs during implementation (at 10% of the compensation costs)

5,563,147.30

Provisional sum to cover for:

RAPIC and grievance committee meeting costs (rooms, transport, refreshments, stationery etc);

Capacity Building Programs for RAPIC, M&E and Grievance Committee members

At a maximum of Kshs 540,000 per month for a maximum of 14 months.

7,560,000.00

Provisional sum for additional funds to secure in-kind compensation for the affected schools

2,000,000.00

Sub -total 79,099,341.25

Contingency 15% of total budget 11,864,901.19

Grand Total 90,964,242.44 *updates will be made with the update of the valuation report after receipt of cadastral maps at these areas.

6.7.2 Administrative Costs for RAP Implementation

Annual budgetary arrangements should be made for the running of the various arms of the implementation committee. Budgetary arrangements should include the following:

Staff packages in the event of hiring of additional resettlement staff (e.g. salaries and benefits);

Office capital investment costs and running expenses;

Logistical costs for travel to meetings and field visits from AWSB headquarters in Nairobi to Murang’a County. These costs include, fuel and out of office allowances for AWSB staff;

Purchase of field equipment and vehicles;

Resettlement preparation costs;

Financial auditing costs;

Internal monitoring and evaluation costs (provision for external monitoring and evaluation already given in the RAP Budget in this report);


Specialised surveys to evaluate the improvements required and / or the success of the re-establishment of incomes and livelihoods;

Allowance for land adjudication, survey, and subdivision for the affected land parcels whose ownership instruments are outdated;

Allowance for a survey program for the acquired wayleave.


7 CONCLUSION

Generally, the proposed project will result in appreciable benefits to the city of Nairobi, its satellite towns and Kenya at large and bring opportunities for both social and economic development. The proposed community water supply project is also expected to bring direct benefits to the residents of Murang’a County. From the ESIA study report, the main social impact management issues on the project revolve around relocation of people as a result of land take for the project. this RAP report therefore aims at managing such impacts to not only ensure that the livelihoods of the affected persons are restored, but also to manage project construction costs by ensuring that the construction phase is not delayed due to lack of a wayleave for the project. The report also proposes mechanisms to allow for PAP involvement through out the disclosure, implementation as well as monitoring and evaluation processes under RAP implementation. This RAP study has proposed additional institutional support to AWSB as well as targeted recruitment of staff during specific activities and events during the RAP implementation program. It also proposes that whoever is allocated tasks for RAP implementation, should be given specific terms of reference, roles and responsibilities and the requisite financial and human resources to carry out their mandate. Some of the identified institutions under this proposed set-up have experience through the implementation of the RAP for Thika Dam. However, additional capacity building programs are also necessary, to bring all the stakeholders in touch with the accepted resettlement policies proposed under this RAP. To facilitate all this, a budget of Ninety One Million Shillings (Kshs 91,000,000) is proposed to cover for compensation funds and select administrative costs toward RAP implementation. The recommendations under this RAP are aimed at enabling compensation payment and resettlement of PAPs prior to the contractor taking possession of any construction site.

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