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REPUBLIC OF KENYA

Prepared by: Joshua P. Oyieko

ACK Garden House, 2nd Floor Wing C1st Ngong Avenue, Off Bishops RoadP.O. Box 53147, 00200 City SquareNairobi, KenyaTel:+254 20 2732230/2732231Cell: +254 722 213826Email: [email protected]

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RP1345

JUDICIAL PERFORMANCE IMPROVEMENT PROJECT (JPIP)

Resettlement Policy Framework (RPF)

Final Report

The JudiciarySupreme Court of Kenya, City Hall WayP.O. BOX 30041 - 00100, Nairobi, [email protected]

September 20, 2012

mailto:[email protected]

© Joshua OyiekoNo part of these specifications/printed matter may be reproduced and/or published by print, photocopy, microfilm or by any other means, without the prior written permission of Joshua Oyieko nor may they be used, without such permission, for any purposes other than that for which they were produced

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Republic of Kenya, The JudiciaryError: Reference source not found

September 2012

CONTENTS PAGE

PROJECT SUMMARY I

LIST OF ABBREVIATIONS II

GLOSSARY AND DEFINITIONS IV

EXECUTIVE SUMMARY VII

1 INTRODUCTION 11.1 Project Background 11.2 Objectives of JPIP 11.3 Objectives of the Resettlement Policy Framework (RPF) 11.4 RPF Study Approach and Methodology 21.5 Rationale for Preparing the RPF 21.6 Scope of Application of the RPF 21.7 Resettlement Policy Framework Report Layout 3

2 PROJECT OBJECTIVE AND DESCRIPTION 62.1 Project Objectives 62.2 Project Components and Sub-Components 62.2.1 Component 1: Court Administration and Case Management 62.2.2 Component 2: Judicial Training/Staff Development 82.2.3 Component 3: Courts Infrastructure 92.2.4 Component 4: Project Management 102.3 Project Locations 102.4 Proposed Designs of Magistrate and High Courts 112.5 Implementing Agency of the RPF 11

3 LEGAL & POLICY FRAMEWORKS GOVERNING RESETTLEMENT 133.1 Introduction 133.2 The Environmental Management & Coordination Act (EMCA), 1999 133.3 The Forests Act, 2005 133.4 The Agricultural Act Cap 318 143.5 The Land Registration Act, 2012 143.6 The Land (Group Representative) Act Cap 287 153.7 The Trust Lands Act Cap. 288 153.8 The Land Control Act Cap 302 163.9 The Local Government Act (Cap. 265) 163.10 The Land Adjudication Act, Cap. 284 163.11 The Constitution of Kenya, 2010 173.12 The Land Act 2012 173.13 The Environment and Land Court Act of 2011 193.14 Physical Planning Act (Cap 286) 193.15 World Bank Safeguard Policies relating to Relocation and Resettlement 193.15.1 Involuntary Resettlement: OP/BP 4.12 193.15.2 Indigenous People: OP/BP 4.10 203.16 Land Tenure Issues 203.16.1 Public Land 213.16.2 Private Land 213.16.3 Community/Trust Land 22

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3.16.4 Other Interests 223.17 Valuation and related legal Issues 223.18 Gaps between Government of Kenya Laws and WB Policies on Resettlement 233.19 Mechanisms for addressing such gaps 24

4 PROJECT PREPARATION AND METHODOLOGY 264.1 Resettlement Policy Framework Preparation Process 264.2 Schedule of Activities 264.3 Literature Review 264.3.1 Overview on Literature Review 264.3.2 Initial Findings/Results on the Review 274.4 Stakeholder Consultation 284.4.1 Consultation with the Judiciary and World Bank 284.4.2 Field Site Survey 294.4.3 Preparation and submission of a Draft RPF 294.4.4 Appraisal Workshop 294.4.5 Preparation and submission of a Final RPF 294.5 Results on Findings 29

5 POTENTIAL IMPACTS OF PROJECT 305.1 Project Activities with Displacement Potential 305.2 Definition of PAPs 305.3 Types of Displacements 315.3.1 Involuntary Resettlement 315.3.2 Socio-economic displacement 325.3.3 Physical displacement 325.4 Categories of PAPs 325.5 Approximate Number of PAPs 345.6 Potential Relocation areas 34

6 PRINCIPLES & OBJECTIVES GOVERNING PREPARATION AND IMPLEMENTATION OF RAP 35

6.1 Overview 356.2 Objectives and Guiding Principles 356.2.1 Objectives 356.2.2 Guiding Principles 356.3 Minimization of Displacement 366.4 Fair and Adequate Compensation 376.5 Compensation Payment 376.6 Access to Training, Employment, and Credit 376.7 Assistance to Vulnerable Persons 386.8 Screening of Projects for Displacement Impacts 38

7 PROCESS FOR SCREENING, PREPARATION AND REVIEW OF RAP 397.1 Preparation of Project Area RAP 397.2 Screening for Involuntary Resettlement 397.3 Project Screening 397.3.1 Screening Checklist 407.3.2 Review of Screening Review Checklist 407.3.3 Court Design 407.4 Baseline, Socio-economic Data and Census 41

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7.5 Public Consultation and Participation 417.6 Preparation of Project Area RAP 427.7 Review and Approval of Project Area RAP 43

8 NOTIFICATION MECHANISM AND PUBLIC PARTICIPATION 458.1 Notification Procedure 458.2 Mechanism for Consultation 458.3 Consultation during Project’s Preparation 468.4 Data Collection Phase 468.5 Consultation Proposed During Implementation 468.6 Public Consultation Meetings (Barazas) 478.7 Compensation and Rehabilitation 488.8 Public Disclosure Procedure 488.9 Monitoring and Evaluation Phase 48

9 ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PEOPLE 49

9.1 Principles 499.2 Eligibility Criteria 509.2.1 Eligibility for Various Categories of Affected People 509.2.2 World Bank Criteria for Determining Eligibility for Compensation 509.3 Method of Determining Cut-Off Dates 51

10 METHODS OF VALUING AFFECTED ASSETS 5710.1 Valuation Procedure 5710.1.1 Use of Standard Valuation Tables 5710.1.2 Preparation of Asset Inventory 5810.2 Valuation Methods 5810.2.1 Replacement Cost Approach 5810.2.2 Gross Current Replacement Cost 5810.2.3 Other methods 5810.3 Calculation of compensation by assets 5810.3.1 Compensation for Land 5910.3.2 Land Measurement 5910.3.3 Compensation Rates for Labour 6010.3.4 Calculation of Crops Compensation Rate 6010.3.5 Compensation for Buildings and Structures 6110.3.6 Compensation for Community Assets 6110.3.7 Compensation for Sacred Sites 6110.3.8 Compensation for Loss of Businesses 6110.3.9 Compensation for Cultivated Crops (both cash and subsistence) and Trees 6210.3.10 Compensation for vegetable gardens and other activities 6210.3.11 Compensation for horticultural, floricultural and fruit trees 6210.3.12 Other domestic fruit and shade trees 6310.4 Types of Compensation Payments 6310.5 Methods of Compensation 64

11 GRIEVANCE REDRESS MECHANISM AND APPEALS 6511.1 Objectives of Grievance Redress 6511.2 Grievance Procedures 6511.3 Timeliness of the process 66

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11.4 The Grievance process 6611.5 Grievance Log 6711.6 Monitoring Complaints 6811.7 Consensus, Negotiations, and Conflict Resolution 68

12 RESETTLEMENT SITES 7012.1 Method of Site Selection and Site Alternatives 7012.1.1 Influx Management 7012.1.2 Location of Resettlement Site 7012.1.3 Resettlement Options 7112.2 Resettlement Site Development (Infrastructure, Social Service, Etc.) 71

13 IMPLEMENTATION ARRANGEMENTS LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS 72

13.1 Project Launching 7213.2 Implementation Schedule 7313.3 Linking Implementation to Project Civil Works 74

14 MONITORING AND EVALUATION (M&E) ARRANGEMENTS 7514.1 Overview and Objectives of M&E 7514.2 Setting of Monitoring and Evaluation Goals 7514.3 Responsibility of the authorities 7614.4 Indicators to Determine Status of Affected People 7714.5 Indicators to Measure RAP Performance 7714.6 Indicators to Monitoring of RPF Implementation 7814.7 Storage of data and information: 7914.8 Annual Audit 8014.9 Socio-economic monitoring 80

15 ORGANIZATIONAL ELEMENTS AND PROCEDURES FOR DELIVERY OF ENTITLEMENTS 82

15.1 Overview 8215.2 Specific Roles in the Compensation Procedure 8215.3 Community Compensation Payments 83

16 RPF IMPLEMENTATION BUDGET 8416.1 RPF Implementation Budget Error! Bookmark not defined.

17 REFERENCES 85

18 COLOPHON 87

List of TablesTable 1: Comparative Analysis of WB OP 4.12 and GoK Requirements on

Resettlement 23Table 2: Entitlement Matrix 53Table 3: Forms of Compensation 64Table 4: Verifiable Indicators 79

List of FiguresFigure 1: JPIP Implementation Matrix 12Figure 2: Chart showing Grievance Redress Mechanism 67

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AnnexesAnnex 1: TOR for the preparation of an ESMF and RPF for JPIPAnnex 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP)Annex 3: Sample of Household QuestionnaireAnnex 4: Sample Census Survey Form and Compensation MatrixAnnex 5: Sample Grievance and Resolution FormAnnex 6: Sample of Register of Participants at RAP Public Consultation MeetingAnnex 7: An Outline of Agenda of Public Consultation MeetingsAnnex 8: Sample Resettlement Action Plan (RAP) Stakeholder QuestionnaireAnnex 9: Sample Budget Items for RAPAnnex 10: Field Site Survey Report

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PROJECT SUMMARY

Project Title: JUDICIAL PERFORMANCE IMPROVEMENT PROJECT (JPIP)

Consulting Services for:

Preparation of Resettlement Policy Framework (RPF)

Objectives: Review the ERM reports and remove the relevant information for incorporation in the proposed framework for the RPF according to the outline provided to the consultant. The consultant will organize the information to take into accounts the requirements and main task which will be:

Prepare of a Resettlement Policy Framework (RPF) that will: Establish the resettlement and compensation principles and

implementation arrangements; Describe the legal and institutional framework underlying

approaches for resettlement, compensation and rehabilitation;

Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements;

Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and provide procedures for filing grievances and resolving disputes. The Resettlement Policy Framework to be developed under this project will be consistent with Kenya legislation and regulations and with World Bank Operational Policy 4.12, on Involuntary Resettlement.

Client: The Judiciary

Consultant: Joshua P. Oyieko

Report Title: Final RPF Report

Submission Date: Sept 2012

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LIST OF ABBREVIATIONS

CR Chief RegistrarCSO Civil Society OrganizationsDANIDA Danish International Development AgencyDC District CommissionerDDO District Development Officer DDP District Development PlanDEO District Environment OfficerDIME Development Impact EvaluationDMS Detailed Measurement Survey DO District OfficerDP Displaced PersonsDPCT District Project Coordination TeamDSDO District Social Development OfficerDRC District Resettlement CommitteeEA Environmental AssessmentEMP Environmental Management PlanERM Environmental Resources ManagementESIA Environmental and Social Impact AssessmentEMCA National Environment Management and Coordination Act

ESMF Environment and Social Management FrameworkFLSTAP Financial & Legal Sector Technical Assistance ProjectFMR Financial Management ReportGoK Government of KenyaGIZ German Agency for International CooperationICJ-Kenya Kenyan Section of the International Commission of JuristsICT Information and Communications TechnologyIFA Integrated Fiduciary AgentIFMIS Integrated Financial Management System IFR Interim Financial ReportsIT Information TechnologyJPIP Judicial Performance Improvement ProjectJPTC JPIP Technical Committee JSC Judicial Service CommissionJTI Judicial Training InstituteJTF Judicial Transformation FrameworkJTSC Judiciary Transformation Steering CommitteeKPA Key Result AreasM&E Monitoring and EvaluationNCAJ National Council for the Administration of JusticeNCLR National Council on Law ReportingNGO Non Governmental OrganizationNEMA National Environment Management AuthorityOP/BP Operational Policy/Bank ProcedurePAPs Project Affected PersonsPC Project CoordinatorPCU Project Coordination UnitPCT Project Coordination Team

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PDO Project Development ObjectivePIT Project Implementation TeamPIU Project Implementation UnitPMU Project Management UnitPRC Provincial Resettlement CommitteePPDA Public Procurement and Disposal Act of 2005PPF Project Preparation FacilityRF Resettlement FrameworkRAP Resettlement Action PlanRIC RAP Implementation CommitteeROW Right of WayRPF Resettlement Policy FrameworkS-ESIA Strategic Environmental Impact AssessmentTA Technical AssistanceTOR Terms of ReferenceWB World Bank

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GLOSSARY AND DEFINITIONS

Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement, and other measures emanating from consultations with affected communities and the local government institutions.

Compensation The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets, is called compensation. These include other impacts resulting from activities to rehabilitate or cushion the impacts from displacement.

Cut-off Date The cut-off date is the date of commencement of the census of PAPs or DPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for the project area, will not be eligible for compensation.

Encroachers Those people who move into the project area after the cut‐off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.

Entitlement Range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to business restoration to PAPs, depending on the type and nature of their losses, to restore their social and economic base.

Full Cost of Resettlement Compensation

Full Cost of Resettlement Compensation based on the present value of replacement of the lost asset, resource or income without taking into account depreciation.

Grievance Mechanism

Mechanism based on policies and procedures that are designed to ensure that the complaints or disputes about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, etc. are being addressed. This mechanism includes a procedure for filing of complaints and a process for dispute resolution within an acceptable time period.

Implementation Schedule

The RPF contains an implementation schedule that outlines the time frame for planning, implementation, and monitoring and evaluation of the RAPs for project area activities, if applicable.

Income Restoration

The measures required to ensure that PAPs have the resources to at least restore, if not improve, their livelihoods.

Indigenous peoples

The people indigenous to an area and include ethnic minorities as defined by World Bank Operational Policy on Indigenous Peoples (OP 4.10).

Involuntary Resettlement

Refers both to physical displacement (relocation or loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project‐related land acquisition. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement. This occurs in cases of: (i) lawful expropriation or restrictions on land use based on eminent domain: and (ii) negotiated settlements in which the

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government can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail.

Land Land refers to all types of agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be acquired by the project.

Land Acquisition

Land acquisition means the possession of or alienation of land, buildings, or other assets thereon for purposes of the project.

Market Value Means the process of establishing appropriate compensation figures so that the affected population is able to restore their standards of living to levels “at least as good as or better than” that they were prior to the project. Where the Government rates do not provide for this standard of value, the Judiciary, with the technical support of the independent evaluator will calculate and adjust the compensation figures according to these principles.

Project Affected Household (PAH)

means the family or collection of PAPs that will experience effects from land acquisition regardless of whether they are physically displaced or relocated or not

Project Affected Persons (PAPs) or Displaced Persons (DPs)

Project affected persons (PAPs) or Displaced Persons (DPs) are persons affected by land and other assets loss as a result of project area activities. These person(s) are affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location. Most often, the term DPs applies to those who are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location ; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.

Project Impacts Impacts on the people living and working in the affected areas of the project, including the surrounding and host communities are assessed as part of the overall evaluation of the project.

Project Implementing Unit (PIU)

Some projects make use of project implementing units (PIUs), which are generally separate units within the project recipient’s agency. The PIU is often composed of full time staff devoted to implementing the project, and have been encouraged to have separate teams with environment and social specialists who can carry out the activities, for example, as outlined in the RPF or RAP.

Rehabilitation Assistance

Rehabilitation assistance is the provision of development assistance in addition to compensation such as livelihood support, credit facilities, training, or job opportunities, needed to assist PAPs or DPs restore their livelihoods.

Replacement Cost

Replacement cost refers to the amount sufficient to cover full recovery of lost assets and related transaction costs. The cost should be based on Market rate (commercial rate).

Resettlement Action Plan (RAP)

The RAP is a resettlement instrument (document) to be prepared when project area locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the

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implementing agency and contain specific and legal binding requirements to resettle and compensate the affected people before project implementation.

Resettlement Assistance

Resettlement assistance refers to activities that are usually provided during, and immediately after, relocation, such as moving allowances, residential housing, or rentals or other assistance to make the transition smoother for affected households.

Resettlement Policy Framework (RPF)

The RPF is an instrument to be used throughout the project’s implementation. The RPF sets out the objectives and principles, organizational arrangements, and funding mechanisms for any resettlement, that may be necessary during implementation. The RPF guides the preparation of Resettlement Action Plans (RAPs), as needed, for project area activities.

Rights and Entitlements

Rights and entitlements are defined for PAPs and DPs (with the cut-off date) and cover those losing businesses, jobs, and income. These include options for land-for-land or cash compensation. Options regarding community and individual resettlement, and provisions and entitlements to be provided for each affected community or household will be determined and explained, usually in an entitlement matrix.

Socio‐economic survey

Means the census of PAHs/ PAPs of potentially affected people, which is prepared through a detailed field survey based on actual data collected. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the local government institutions (LGIs).

Vulnerable Persons

means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement i.e.; (i) female headed households with dependents; (ii) disabled household heads; (iii) poor households; (iv) landless elderly households with no means of support; (v) households without security of tenure; and (vi) ethnic minorities.

Witness NGO or Independent Monitor

Some RPFs refer to a witness NGO or an independent monitor that can be contracted to observe the compensation process and provide an independent assessment of the quality of the process. These are usually NGOs or other agencies that are not directly involved in the project and have a reputation for independence and integrity.

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EXECUTIVE SUMMARY

INTRODUCTION

Project BackgroundThe Judicial Performance Improvement Project (JPIP) has been under preparation since 2008 but its preparation was put on hold given the prevailing environment in the country and the Government’s commitment to judicial reforms. During its initial preparation, an Environmental and Social Management Framework (Volume II) and a Resettlement Policy Framework (Volume III) for Court Development were prepared by Environmental Resources Management Inc., (ERM). Although these reports contain the necessary information for the preparation of an ESMF and a RPF, they do not adequately cover all the sections or the issues that a standard ESMF or RPF for a project level investment such as the JPIP should address. In this regard, the Judiciary procured a consultant to review and update the ESMF and RPF.

The Republic of Kenya has approached the World Bank to revive the preparation of the JPIP. In line with the new constitution in which the judicial reforms are anchored, the Judiciary has developed a comprehensive judicial reform strategy which takes into account earlier viable reforms and the spirit of the new constitution. This new strategy is commonly known as the Judiciary Transformation Framework (JTF). The JTF is going to govern the reforms in the Judiciary for the next 4 years (2012-2016).

Objectives of JPIPThe JPIP is implementing some of the key activities in the JTF and is aligned with the JTF priorities. The objective of the JPIP is to strengthen the capacity of the Judiciary to deliver its services in an effective, transparent, and accountable manner.

Objectives of the Resettlement Policy Framework (RPF)The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The judiciary will only carry out construction of Courts in those areas where the Judiciary has Land Title. It is anticipated that there will be few, if any, human settlements or wide scale economic activity on the land owned by the Judiciary. However, as a precautionary measure, this RPF has been prepared to provide guidance should a situation arise that there is resettlement of persons or loss of livelihood.

The Resettlement Policy Framework will be used in cases of projects that have a potential for displacing persons (DPs) or impacting their livelihoods. The RPF aims at avoiding and minimizing resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. However, for due diligence purposes, the Judiciary has prepared and will disclose this Resettlement Policy Framework (RPF) prior to project appraisal. The RPF has been prepared and will be cleared by the World Bank and disclosed publicly in Kenya and at the World Bank Infoshop before project appraisal.

RPF Study Approach and MethodologyThe RPF study was carried out through the following activities:

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Detailed literature review of the ERM Reports (Volume 1, 2 and 3) of 2009 to obtain baseline information regarding JPIP.

Review of the relevant national Legislation governing the rehabilitation of existing courts and construction of new court buildings.

Review of relevant World Bank Safeguard Policies Consultation with the Client (Judiciary) through scheduled meetings Scheduled Field visits to select proposed sites for court development to appreciate the

ground situation and confirm baseline information. Preparation of Draft ESMF Report Preparation of Draft RPF Report Review of Draft ESMF Report by the Judiciary and the World Bank Review of Draft RPF Report by the Judiciary and the World Bank Finalization of the ESMF and RPF Reports and Submission to Client the Judiciary

Rationale for Preparing the RPFThe RPF will provide the Judiciary and other stakeholders with procedures and processes of identifying, assessing and compensating for affected property and livelihoods including land and income generated activities during project implementation.

Scope of Application of the RPFThe RPF will apply to all project area activities to be identified/areas to be demarcated. The procedures will be carried out throughout project preparation and implementation and impacts of any potential resettlement will be included in monitoring and evaluation (M&E) programme. When a Resettlement Action Plan (RAP) is required, it will be prepared in accordance with guidance provided in this RPF.

Resettlement Policy Framework Report LayoutThe main body of the report is presented as follows:1. Introduction2. Project Objective and Description3. Legal & Policy Frameworks Governing Resettlement4. Project Preparation and Methodology5. Potential Impacts of Project6. Principles & Objectives Governing Preparation and Implementation7. Process for Screening, Preparation and Review of RAP8. Notification Mechanism and Public Participation9. Eligibility Criteria for Various Categories of Project Affected People10. Methods of Valuing Affected Assets11. Grievance Redress Mechanism and Appeals12. Resettlement Sites13. Implementation Arrangements Linking Resettlement Implementation to Civil Works14. Monitoring and Evaluation (M&E) Arrangements15. Organizational Elements and Procedures for Delivery of Entitlements16. RPF Implementation Budget17. References18. Colophon19. Annexes

PROJECT OBJECTIVES AND DESCRIPTION

Project ObjectivesThe Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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The JPIP is not likely to lead to any large scale acquisition of land or denial of access to the usual means of livelihood. The judiciary will only carry out construction of Courts in those areas where the Judiciary has title to the land. It is anticipated that there will be few, if any, human settlements or wide scale economic activity on the land owned by the Judiciary. However, as a precautionary measure, this RPF has been prepared to provide guidance should a situation arise that there is resettlement of persons or loss of livelihood.The primary objective of this consultancy is to prepare a Resettlement Policy Framework (RPF) to be relied upon in the implementation of the Judicial Performance Improvement Project (JPIP). The Resettlement Policy Framework will be used in cases of project areas that have a potential for displacing persons (DPs) in the project areas or impacting their livelihoods.

Project Components and Sub-ComponentsThe proposed Judicial Performance Improvement Project (JPIP) will finance selected areas in the JTF and in this regard the components for the JPIP will seek to be aligned with the identified key result areas, taking into account the World Bank’s mandate and policies, which are concerned with assuring quality in public service provision. The project activities will assist the Judiciary in delivering its services in an effective, transparency and accountable manner. The project will finance activities which will also promote gender equity in accessing those services and ensure appropriate third party oversight of implementation of project activities. Specifically, this will include third party project monitoring, the involvement of CSOs in project supervision and procurement monitoring and access to project information. As far as practicable these features will be incorporated into all project activities and processes under each component.

Component 1: Court Administration and Case Management: Various reviews and studies of the court administration in Kenya over recent years have noted the highly centralized administrative structures (remnant of the colonial legacy), leading to poor supervision of the courts, unsatisfactory personnel deployment practices and inconsistent policy formulation on various aspects of court management. This component will support an initial organizational review of the Judiciary, taking into account the recent structures proposed by the JTF, and the consequent establishment of new management structures, directorates and committee structures. It will support the strengthening of the capacity of the Judiciary’s leadership, management and staff to enable them to carry out a significant process of change management. It will also finance the supply and installation of the relevant IT to assist in effective case management and other administrative functions which are at the core of the performance of the Judiciary.

Component 2: Judicial Training/Staff Development: The Constitution of Kenya places continuing education and training of judicial officers at the core of laying the foundation of efficient, effective and fair administration of justice. Although a Judicial Training Institute (JTI) has been set up, judicial training has not been fully institutionalized and pre-and in-service training for magistrates is still weak and continuous judicial training for all judicial officers haphazard. This component will strengthen the capacity of the JTI in carrying out its mandate. It will provide a structure for defining the critical competencies of judicial officers and for their on-going training toward those competencies

Component 3: Courts Infrastructure: The funding provided by the Bank for proposed new courts construction and for existing courts renovation is intended to help accelerate the overall construction and renovation program being funded by the government. The component will focus on developing the necessary infrastructure for the Judiciary to hold trials and provide access to courts by providing the physical space necessary.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Component 4: Project Management: The primary objective of this component is to help the Judiciary manage and coordinate project activities, including the financial and procurement functions.

Project LocationsThe project will support the proposed renovation of 20 magistrate courts, construction of 10 courts (8 High Courts and 2 magistrates courts) and provide about and about 20 -30 demountable buildings located across the entire country.

Proposed Designs of Magistrate and High CourtsThe facilities to be provided at each development location will vary depending on the type of court and the caseload from the area. Designs will be flexible and each facility will be designed to meet specific needs. Whereas the designs have not been finalized, there are certain basic facilities which each new Court facility is expected to include for its operations and to provide services for users and employees.

LEGAL & POLICY FRAMEWORKS GOVERNING RESETTLEMENT

The consultant team reviewed several relevant laws of Kenya and international conventions while developing the RPF. The RPF has considered these laws, regulations and conventions.

These are outlined below:

The Environmental Management & Coordination Act (EMCA), 1999The Forests Act, 2005The Agricultural Act Cap 318The Land Registration Act, 2012The Land (Group Representative) Act Cap 287The Trust Lands Act Cap. 288The Land Control Act Cap 302The Local Government Act (Cap. 265)The Land Adjudication Act, Cap. 284The Kenya ConstitutionThe Land Act 2012The Physical Planning Act

World Bank Safeguard Policies relating to Relocation and Resettlement

Involuntary Resettlement: OP/BP 4.12 The Bank's Operational Policy 4.12: Involuntary Resettlement is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts.

Indigenous People: OP/BP 4.10The World Bank policy OP/BP 4.10 on Indigenous Peoples, underscores the need for Borrowers and Bank staff to identify indigenous peoples, consult with them, ensure that they participate in, and benefit from Bank-funded operations in a culturally appropriate way and that adverse impacts on them are avoided, or where not feasible, minimized or mitigated. This policy is not triggered in this project. The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Land Tenure IssuesLand tenure refers to the terms and conditions under which rights to land and land-based resources are acquired, retained, used, disposed of, or transmitted. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources, for how long, and under what conditions.

Land tenure is often categorized as:

Public LandPublic land is owned by the Government for own purpose and which includes unutilized or delineated government land reserved for future use by the Government itself or may be available to the general public for various uses.

Private LandPrivate land refers to land held by an individual or other entity under freehold or leasehold tenure. It is the assignment of rights to a private party who may be an individual, a married couple, a group of people, or a corporate body such as a commercial entity or non-profit organization.

Private land may be held under either of the following tenures;

Freehold TenureFreehold connotes the largest quantum of land rights which the sovereign can grant to an individual. While it confers unlimited rights of use, abuse and disposition, it is subject to the regulatory powers of the State. In Kenya, such interests are individually held under the Registration of Titles Act (Cap 281), the Land Titles Act (Cap 282) or the Government Lands Act (Cap 280). The absolute proprietorship was introduced by the Registered Land Act (Cap 300) with the intention of extinguishing customary tenure and replacing it with rights that would be individually and exclusively held.

Leasehold TenureLeasehold involves the derivation of rights from a superior title for a period of time, certain or capable of being ascertained and the enjoyment of such rights in exchange for specific conditions including, but not limited to, the payment of rent. Leasehold tenure provides a flexible mechanism for transacting rights in land and for land use control. It is a private contractual right subject to the conditions imposed by the owner and grants exclusive rights to the leaseholder.

Customary Land TenureThis refers to unwritten land ownership practices by certain communities under customary law. Such tenure still exists in large parts of the country where land has not been adjudicated and registered. Its management falls within Trust Land Act, Cap 291.

Community/Trust LandCommunity land refers to land lawfully held, managed and used by a specific community. It is a right of commons that exists within a community where each member has a right to use independently the holdings of the community. For example, members of a community may have the right to graze cattle on a common pasture.


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Valuation and related legal IssuesThe valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered Valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice.

Mechanisms for addressing such gaps

Since the World Bank polices have proved to work well in addressing resettlement related issues thereby reducing conflicts in the project implementation process, the Kenya Government has appreciated these principles and is slowly applying them even for projects which it is financing on its own.

Many government agencies and project implementers are adopting a negotiation approach which involves public and stakeholder consultation and participation as opposed to the traditional compulsory acquisition approach which was one sided and hence raided with conflicts, grievances and lacked support from the project affected people and the stakeholders.

The compulsory application of similar polices in projects funded by other donors such as the African Development Bank and Japanese International Corporation Agency is leaving little room for non compliance by implementers of government projects

.Careful screening of all projects will be necessary to establish details of each case and determining if a Resettlement Action Plan Study is necessary for any project area under the JPIP

Establish an Entitlement Matrix with the involvement of the community and publicize the PAPs Screening Report and the Entitlement Matrix.

Identify and provide assistance to the vulnerable individuals and groups and clearly targeting the physically challenged, women headed households and children headed households.

The screening exercise and the preparation of the Entitlement Matrix must be carried out transparently and equitably.

Each case should be treated on its own applying the common principles across the board and considering the applicable policy for a particular situation. Where the policies of GoK and the World Bank diverge or where there are gaps between the two, the World Bank OP 4.12 shall prevail.

PROJECT PREPARATION AND METHODOLOGY

Resettlement Policy Framework Preparation ProcessThe Terms of Reference for the preparation of the RPF were received on 14 May 2012 following a process of selecting consultants to provide technical inputs for implementation of the JPIP. The Terms of Reference explained that the JPIP has been under preparation since 2008 but its preparation was put on hold given the prevailing environment in the country and the Government’s commitment to judicial reforms.

Schedule of ActivitiesThe RPF study was carried out through various activities. Detailed literature review of the ERM Reports (Volume 1, 2 and 3) of 2009 to obtain

baseline information regarding JPIP.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Review of the relevant Local Legislation governing the improvement/construction of court facilities.

Review of relevant World Bank Safeguard Policies Consultation with consultants dealing with other aspects of court infrastructure

component, The Judiciary and the World Bank through scheduled meetings Scheduled Field visits to selected proposed sites for court development in Bomet Law

Courts in Bomet County, Tawa Law Courts in Makweni County and Kajiado Law Court in Kajiando County to appreciate the ground situation and confirm baseline information.

Preparation of an Inception Report for review by The Judiciary; Preparation of Draft RPF Report Review of Draft RPF Report by The Judiciary and The World Bank Finalization of the RPF Report and Submission to The Judiciary and The World Bank

Literature ReviewThe review on the existing baseline information and literature material was undertaken and helped in gaining a further and deeper understanding of the JPIP and its components. Some of the documents that were reviewed are;Volume 1 of the ERM’s S-ESIA is on Assessment Report for the proposed JPIP Volume 2 of the ERM’s S-ESIA is on Environmental and Social Management Framework (ESMF) Volume 3 of the ERM’s S-ESIA is on Resettlement Policy Framework (RPF)

Initial Findings/Results on the ReviewThe review on the above ERM Reports established that the study covered issues relating to Environmental & Social Impacts and Resettlement activities and also touched on Local Legislation and World Bank Safeguard Policies and prepared ESMF and RPF. The RPF Reports did not adequately cover all the sections or the issues that a standard RPF require for a project level investment such as the JPIP should address and they also do not provide a unified systematic guidance required for project implementation. These include the following: Inadequate reference to relevant local legislation like;

- Local Government Act (Cap 265)- The Physical Planning Act (Cap 286)- The Constitution of Kenya, 2010- The Environment and Land Court Act, 2011

Lack of a unified systematic guidance required for project implementation like - Outline for Preparing a Resettlement Action Plan (RAP)- Sample of Household Questionnaire- Sample Census Survey Form and Compensation Matrix- Sample Grievance and Resolution Form- Sample Resettlement Action Plan (RAP) Stakeholder Questionnaire

Inadequate systematic detailed guidance on asset valuation methods.

However, the Consultant has reviewed ERM reports and used the good baseline information already provided to prepare the RPF that provides a unified systematic guidance for project implementation. The RPF referred to all the Local Legislation and World Bank Safeguard Policies relevant to the upgrading and construction of Court Structures.

Stakeholder Consultation

The team carried out field visits to Bomet Court in Bomet County, Tawa Court in Makueni County and Kajiado Court in Kajiado County for stakeholder consultations. There were no The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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potential resettlement issues in the proposed sites and so none were raised during the discussions. However the team noted that with regard to one potential site, in Kajiado, a Child Welfare Agency had encroached on the land occupied by the court. The judiciary has advised that cases like this will be resolved by the various government agents, based on the guidance in this RPF, and there is already sufficient government-owned land for the construction of the court. In general, no involuntary resettlement is foreseen in any potential sub-project area, but there may be some cases where there is encroachment on land owned by the courts. Details of the site visits and discussions held are provided in Annex 10 of this RPF.

In Bomet Court discussions were held with the Resident Magistrate and Executive Officer. In Tawa Court discussions were held with the Assistant Executive Officer. In Kajiado Court, discussions were held with the Principal Magistrate and the Chief

Executive Officer.During project implementation detailed public consultation should be carried out with; Local Authority of the Project Area Ministry of Public Works District Environment Office Project Area Affected Persons

Other activities carried out in the preparation of the RPF are; Consultation with the Judiciary and World Bank Field Site Survey Preparation and submission of a Draft RPF Preparation and submission of a Final RPF Reporting the Results on Findings

POTENTIAL IMPACTS OF PROJECT

This policy covers direct economic and social impacts that both result from Bank-assisted investment projects and are caused by:(a)the involuntary taking of land resulting in

relocation or loss of shelter; lost of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons

must move to another location; or(b) the involuntary restriction of access to legally designated parks and protected areas

resulting in adverse impacts on the livelihoods of the displaced persons.

Project Activities with Displacement PotentialThe JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The judiciary will only carry out construction of Courts in those areas where the Judiciary has Land Title. It is anticipated that there will be few, if any, human settlements or wide scale economic activity on the land owned by the Judiciary. However, as a precautionary measure, this RPF has been prepared to provide guidance should a situation arise that there is resettlement of persons or loss of livelihood.The Resettlement Policy Framework will be used in cases of projects that have a potential for displacing persons (DPs) in the project areas or impacting their livelihoods. The RPF outline measures to avoid and minimize resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Definition of PAPAccording to this RPF, project affected people (PAPs) are considered to be those who stand to lose as a consequence of the project, all or part of their physical and non‐physical assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income‐earning opportunities as well as social and cultural networks and activities.

Particular attention will be paid to the needs of vulnerable groups among those economically and/or physically displaced especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities and other historically disadvantaged groups or other economically and/or physically displaced persons who may not be protected through Kenya’s land compensation legislation. The implementation of the proposed project areas may impact differently on people and activities depending on the location the existing developments in the project location, land tenure system pertaining in the area and the socio‐economic activities in the area. This may trigger Involuntary Resettlement which will affect the livelihoods of affected people in one way or another, thereby causing a displacement of PAPs.

Types of Displacements

Displacement will occur as a result of one of the following situations when a project is being implemented:

(a) Illegally occupied land and space designated for other development, for example public utility services occupying way‐leaves, road reserves, public land for community services or public parks.

(b) New development planned on land designated for other purpose. A good example is the sitting of a sewer treatment works on a landfill farm land or public space.

(c) Expansion of existing services and or redevelopment of existing settlements.– roads, airports and urban renewal.

(d) Squatter upgrading and new housing projects.

Affected people, according to the World Bank policy, refer to people who are directly affected socially and economically by investment projects. The following is a description of the types of displacements that should be considered during the project design and implementation of JPIP project areas.Types of Displacements considered by this RPF are

Involuntary Resettlement

Involuntary resettlement is the process that results from the acquisition of land for purposes of using the same for public activities without the agreement and choice of the affected persons as individuals or groups. Involuntary displacement results into: ‐

Socio-economic displacement

When individuals, household and groups of people are displaced, they lose more than the physical location and structures. They lose their social networks and social capital which in several cases has been developed over long periods. They lose their economic networks – their selling and buying, outlets and source of income.

Physical displacement


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Any civil works for the proposed project areas will require careful and informed planning to avoid and/or minimise physical displacements. If people must move to another location so as to give room for implementation of JPIP activities, the affected persons should be offered reasonable and acceptable choices and assisted accordingly through resettlement planning and compensation to replace housing facilities and businesses to pre‐project levels or better.

Categories of PAPsThe likely displaced persons (economically or physically) herein referred to as Project Affected Persons (PAPs) can be categorized into three groups namely: ‐a) Affected individuals

An affected individual is an individual who suffers loss of assets or investments, land and property and/or access to natural and/or economic resources as a result of the sub‐project activities and to whom compensation is due. For example, an affected individual is a person who farms a land, or who has built a structure on land that is now required by a sub project for purposes other than farming or residence.

b) Affected households

A household is affected if one or more of its members are affected by sub‐project activities, either by loss of property, land, loss of access, or otherwise affected in any way by project activities.

c) Vulnerable Households

Vulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them. Vulnerable households include Orphans, Unmarried women, HIV/AIDS afflicted persons, Widow & Female headed households, Elderly persons

Each of the above group of affected people is very vulnerable and requires special considerations during resettlement at project specific sites. This will include but not limited to the following:a) Identifying their needs from the socio‐economic and baseline studies undertaken as part

of the RAP process;b) The groups should be individually consulted and given opportunities to participate in the

resettlement decision‐making process, as well as project activities;c) Consultation with these groups should ensure that resulting resettlement and

compensation restores and or improves their pre‐project livelihood;d) The RAPs should be designed to ensure special attention is paid to the monitoring of the

resettlement process in order to ensure that pre‐project livelihoods are indeed restored and/ or improved upon

e) PAPs should be given sufficient technical and financial assistance to make use of the grievance mechanisms of the project where required;

f) Decisions concerning them should be made in the shortest possible time to avoid disruption of their lives.

Approximate Number of PAPs

The number of PAPs of JPIP is difficult to determine at this phase of the project because the site construction sites have not been determined in terms of location, nature, scope and magnitude. The Judiciary has indicated an indicative list in Annex 11. Therefore, the purpose of this RPF is to establish the mechanisms by which the appropriate tools, screening checklists and RAPs will be implemented to mitigate potential resettlement impacts once The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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sub‐projects have been identified. A Resettlement Action Plan (RAP) for each individual sub‐project will be required to establish the actual number of PAPs before project implementation.

PRINCIPLES & OBJECTIVES GOVERNING PREPARATION AND IMPLEMENTATION OF RAP

OverviewThe World Bank Operational Policy on Involuntary Resettlement OP 4.12 is triggered even where physical displacement does not take place. It is triggered when project activity may cause land acquisition, whereby a physical piece of land is needed. If land is acquired, people may be affected because they are cultivating on it, they may have buildings on the land, they may be using the land for watering and grazing of animals or they may otherwise access the land economically, spiritually or any other way which may not be possible during and after the project is implemented. Therefore, an affected person in most cases have to be compensated for this loss of land and property or restricted or no access to this land and property. The Compensations can be either in kind or in cash.

Objectives

The RPF highlights the Bank’s overall objectives when dealing with involuntary resettlement which 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 affected by the project to share in project benefits. Affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

Affected 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

Guiding Principles

The following guiding principles based on the World Bank OP 4.12 Involuntary Resettlement will have to be used by the project implementers to steer the RAP process.

Principle 1: Resettlement must be avoided or brought to a minimum where it is not possible to eliminate. Principle 2: Affected population must be exhaustively consulted and their views regarding the project are factored during project implementation. Principle 3: Pre-resettlement baseline data must be established. Principle 4: Affected persons must be assisted in the relocation. Principle 5: The resettlement and relocation compensation should be fair and adequate.Principle 6: Resettlement must be executed as a development that benefits the Project Affected Persons (PAP). Principle 7: Vulnerable Groups must be identified and given an opportunity to participate in the RAP process. Principle 8: Resettlement is an upfront project cost and the Judiciary should ensure that compensation cost is handled as such Principle 9: An Independent Monitoring and Grievance Procedure must be in place. The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Minimization of Displacement

The activities of the JPIP are not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. The impacts of displacements arising from the implementation of JPIP activities are minimal. These principles are intended to minimize negative impacts related to involuntary displacement of PAPs. However, it is a fact that it will not always be feasible to avoid displacement or land acquisition. Therefore in addition to minimization of displacement, mitigation measures are needed to be identified at the RAP stages, hence this RPF is to guide in this process.

Fair and Adequate Compensation

One of the key principles of World Bank safeguards is that where people are affected by a project undertaking, the aim of compensation or resettlement must be that they should be “no worse‐off if not better off” after the compensation or resettlement has taken place. The compensation package will include loss of income or livelihood restoration assistance or relocation assistance as appropriate plus a disturbance allowance.

To address the impacts under this policy, resettlement action plans (RAP) must include measures to ensure that the affected and/or displaced persons are:a) Informed about their options and rights pertaining to resettlementb) Consulted on, offered choices among, and provided with technically and economically

feasible resettlement alternatives.c) Provided with prompt and effective compensation at full replacement cost for losses of

assets and access attributable to the project.

Compensation Payment

The guiding principles for Compensation will be: Compensation shall be paid prior to displacement / land entry; Compensation will be at full replacement value. By contrast with the depreciated or net value of a structure, the “replacement value” shall

include the full cost of materials and labour required to reconstruct a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building.

Access to training, employment, and credit

Normally, general economic growth cannot be relied upon to protect the welfare of the project affected population. Thus, alternative employment strategies are needed for non‐agricultural displaced farmers. Where feasible, the PAPs displaced should be offered vocational training, employment, counseling, transportation, and employment in the main investment project to offer them new economic activities.

Assistance to Vulnerable Persons

Assistance to vulnerable persons may include but not limited to the following: Identification of vulnerable people and identification of the cause and impacts of their

vulnerability either through direct interviews by the Project Staff or through the community The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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leaders. This step is critical because often vulnerable people do not participate in community meetings and their disability/vulnerability may remain unknown and hence the need for special identification of required assistance at the various stages of the RAP process

Negotiation and compensation payment as well as moving from the project impacted area; Implementation of the measures necessary to assist the vulnerable person; and Monitoring and continuation of assistance after resettlement and/or compensation, if

required.

Screening of projects for displacement impacts

Each of the JPIP project area activities will be screened for land acquisition and displacement impacts. Screening should take place at feasibility study stage with a view to identifying land to be acquired for the project area and for resettlement purposes. Records should be accurate and as detailed as possible.

PROCESS FOR SCREENING, PREPARATION AND REVIEW OF RAP

The screening process presented below will ensure that the JPIP project areas comply with the requirements of OP 4.12 and the Kenyan law relating to land acquisition/use and resettlement.

Screening for Involuntary Resettlement

Project area screening is used to identify the types and nature of potential impacts related to the activities proposed under the JPIP and to provide adequate measures to address the impacts. Screening for resettlement issues shall be part of the environmental and social screening as is detailed in the ESMF.

Project Screening

Project screening process is a very important component of several activities that contribute to the preparation of the Resettlement Action Plans (RAPs). Preparation and submission of the Resettlement Action Plan to the relevant local government authorities and World Bank comprises the following steps:

1. Evaluation of the JPIP activities. 2. Consultation 3. Evaluation by Local Authorities ‐ 4. Screening 5. Site Selection 6. RAP Preparation

Project area screening will be incorporated into the project area application form which the District Development Officer (DDO) must submit as part of their local development plan. The goal is to identify and consider resettlement issues as early as possible.For projects not anticipated to result in displacement, and where loss of assets are anticipated to be negligible, then this information shall also be indicated in the project area application form along with a request to waive the requirement for a RAP.


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Screening Checklist

The screening checklist form will be incorporated into the Project’s Implementation Manual. The screening checklist will be completed by a District Project Coordination Team and submitted to the Resettlement Committee for decision.

Screening Review Form

The screening checklist form will then need to be reviewed by the DEO and DSDO and cleared by the Resettlement Committee. The Resettlement Committee will advise whether an additional option assessment should be carried out in view to avoid or reduce the physical or economic displacement or whether the argument of the project area proposal is providing sufficient evidence for the decision proposed.

Project Area Design

If the screening indicates that a project area requires in its present layout the physical or economic resettlement, the JPIP, which might want to finance this project area activity, will advice the relevant structures to consider feasible alternative project area activity designs to avoid or at least minimize physical or economic displacement, while balancing environmental, social and financial costs and benefits.

Baseline, Socio-economic Data and Census

To determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for any compensation benefits, the RAP team shall conduct the appropriate and accurate baseline socio‐economic data and census to identify the persons who will be affected by the individual project area.

Public Consultation and Participation

Projects involving the community owe their success to community participation and involvement from the planning stage to implementation. Hence public consultations through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the JPIP activities.During screening there must be adequate consultation and involvement of the local communities and the affected persons. Specifically, the affected persons must be informed about the intentions to use the earmarked sites for the JPIP activities, facilities and structures. During public consultation, there is the need to negotiate compensation and resolve conflicts. Grievance redress is very important to the success of implementation of Resettlement Action Plans.

Preparation of Project Area RAP

Upon determination of the full extent of the scope of the works and potentially affected land and space and displacements which cannot be avoided, the situation of the PAPs (individuals and household/groups) will be documented on Household Questionnaire and Census Survey Forms as illustrated in Annexes 3 and 4 respectively and a Resettlement Action Plan shall be prepared. The RAP will be specific to each project area and will be


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prepared once the project sites have been agreed upon early enough in the design stage to ensure that compensation is effected long before project start up.A RAP shall be prepared by the JPIP implementing Agencies through their Technical Consultants in consultation with the local authorities and traditional and community leaders for project areas that have been determined to result in potential involuntary resettlement and/or land acquisition and project affected people.

The resettlement and compensation plans would then be forwarded for screening and approval to the National Environment Management Authority (NEMA) in compliance with the national and project institutional and administrative requirements.

All sites that trigger OP4.12, their resettlement and compensation plans would be subject to the final approval of the World Bank to ensure compliance with Bank safeguards. Consequently this will ensure that the individual resettlement and compensation plans are consistent with this RPF before land is actually acquired or access to resources is lost, denied or restricted. Upon completion of the JPIP project area design drawings and information on the site location and land use requirements are available, for cases where resettlement and compensation issues arise, the consultative and participatory process with local communities must begin by sensitizing the respective local administration and traditional leaders about the tentative land needs of the Courts expansion exercise. The respective local leaders, consistent with their local practices, will meet with all the respective leaders of the area/homesteads/villages involved. It is at this first meeting of the local community leaders and administration and homesteads/villages that the cut – off date is to be decided for each affected land/area and communicated to all the homesteads/villages in the potentially affected areas. Once the cut-off dates are decided for the project areas the socio-economic study and census, consistent with the requirements detailed above in this section of the RPF will commence. The preparation of a RAP process will continue and submission for approval to NEMA and the World Bank, etc. will be undertaken.

Review and Approval of Project Area RAP

After clearance from the Resettlement Committee, the compensation, resettlement and rehabilitation activities of the RAP, overseen by the DPCT, will be satisfactorily completed and verified by the communities before funds can be disbursed for civil works under the project area.

World Bank Approval

For the World Bank to approve funding for any project area that needs acquisition of land to support proposed investments, JPIP must first secure legal title to the land that is acquired, consistent with the provisions of this RPF and Kenyan law. The World Bank also will only approve funding for the investment activities once it is satisfied that the provisions of this RPF are met in cases where OP 4.12 apply, i.e. that affected persons, if any, on its land are treated consistent with this RPF.

In cases where the land is acquired and there are no resettlement and compensation issues the JPIP would have to also seek the confirmation of the World Bank that provisions of OP 4.12 do not apply before funding will be approved and must secure the site and also choose a cut-off date for that site so that opportunistic invasions can be avoided.


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NOTIFICATION MECHANISM AND PUBLIC PARTICIPATION

Notification Procedure

Should any of the JPIP project areas require land acquisition and thereby displacement and resettlement, the Judiciary shall publicly announce in the printed and electronic media, notifying the public of its intention to acquire land earmarked for the project area. The printed and electronic media should be one that has a wide circulation and coverage within the project area and is readily available to the PAPs

Mechanism for Consultation

Having full participation of local authorities, relevant agencies and DPs in the Project will make it run smoothly. Information dissemination to PAP and involved agencies is an important part of project preparation and implementation. Consultation with DPs and ensuring their active participation will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, and thereby maximizing the economic and social benefits of investments.

Consultation during Project’s preparation Local authorities, relevant organizations, PAPs and community will participate in all different stages from planning to implementation of the RAP. The methods of project information and public consultation may include participatory rapid appraisals and stakeholder’s consultation, site and household visits, public meetings, group and focus group discussions and the household socio-economic survey.

Consultation Proposed During Implementation During project implementation, PMUs, assisted by the project consultants, will undertake the following:

Provide information to resettlement committees at all levels through training workshops. Provide detailed information on project policies and implementation procedures Conduct information dissemination to and consultation with DPs throughout the life of the

project. Update the provincial unit prices, and confirm land acquisition and impact in properties

through a Detailed Measurement Survey (DMS) in consultation with PAPs.

Public Consultation Meetings (Barazas)Prior to the beginning of the detailed design, public meetings will be held in each community where a project area is to be located so as to provide DPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected


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community. Relevant information will be given to the PAPs at the meetings (verbally, graphically, and/or on printed information sheets).

The DRC will make a complete record of all questions, comments, opinions and decisions that arise during the information/consultation meetings, and present a report (minutes) of all the meetings to the relevant PMU. Content of public meetings will include: Project component information, project impacts, compensation entitlements and rehabilitation of PAPs and Grievance Redress Mechanism.

Compensation and Rehabilitation

A letter of notification will be sent to each PAP indicating the time, location, and procedure for receiving compensation payment. Severely affected and vulnerable PAPs will be personally contacted to confirm their preferences for rehabilitation assistance.

Public Disclosure Procedure

The resettlement instruments will be disclosed in compliance with relevant Kenyan regulations and the World Bank Involuntary Resettlement Policy OP 4.12.

ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PEOPLE

Upon identification of the need for involuntary resettlement so as to pave way for the construction of the court facilities, the JPIP Technical Committee will contract a consultant(s) to carry out a census to identify the persons who will be affected by the project, to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance.

World Bank Criteria for Determining Eligibility for Compensation

The Bank’s OP 4.12 suggests the following three criterions for eligibility;a) Those that have formal rights to land (including customary and statutory rights of

occupancy recognized under the Laws of each respective 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 Kenyan laws or become recognized through a process identified in the resettlement and compensation plan.

c) Those who have no claim to land they are occupying or using.

Those covered under a) and b) above are to be provided compensation for land they lose, and other assistance in accordance with the policy. Persons covered under c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy or use the project area prior to a cut‐off date established by the local JPIP Technical Committee and acceptable to the Bank. Persons who encroach on the area after the cut‐off date are not entitled to compensation or any other form of resettlement assistance. All persons included in a), b) or c) above are to be provided with compensation for loss of assets other than land.


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Eligibility for Various Categories of Affected People

The likely displaced persons can be categorized into four groups, namely; Affected Individual – An individual who suffers loss of assets or investments, land and

property and/or access to natural and/or economic resources as a result of the project area activities and to whom compensation is due.

Affected Household – A household is affected if one or more of its members is affected by sub‐project activities, either by loss of property, land, loss of access, or otherwise affected in any way by project activities.

Affected local community – A community is affected if project activities affect their socio‐economic and/or social‐cultural relationships or cohesion.

Vulnerable Households – Vulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them. These include, Unmarried women, none farming PAPs, Elderly and the disabled or ill, Orphans, HIV infected persons.

Method of Determining Cut-Off Dates

Cut-off dates are essential in the process of drawing up lists to ensure that ineligible persons do not take the opportunity to claim eligibility. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the project selected land thereby posing a major risk to project implementation. The cut-off date for JPIP shall be determined by the JPIP Technical Committee in consultation with the RAP Consultant as appropriate, making anyone who places a claim for loss of land or any assets after such a date ineligible for expropriation/compensation. Otherwise the cut-off date will be the date when the census for a particular project area begins.Announcing a cut-off date at a public meeting before the census begins will create wrong incentives. However, once the census of PAPs is complete the census and the cut-off date will be validated in a public fora. The cut-off date could also be the date the project area is delineated prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.

METHODS OF VALUING AFFECTED ASSETS

At this stage of the project, it is not possible to estimate the exact number of people who may be affected by the JPIP as the technical designs and details (including locations) of the project areas have not yet been developed or finalized. In addition, since it is not all the project area locations that have been identified, it will be assumed that the JPIP project areas may cover several types of land, including urban, peri‐urban and rural segments. To the extent possible, the project will avoid land acquisition/involuntary resettlement. Therefore, this RPF does not include an estimated budget for the total cost of resettlement in the JPIP, though the GoK has committed to setting aside some funds for potential resettlement.

Valuation ProcedureAccording the Kenyan legislations and WB OP 4.12 policies, any expropriated assets has to be 'justly' compensated using current market rates with valuation undertaken by an independent valuator.The procedure to be followed during valuation of affected assets is as follows.

Use of Standard Valuation Tables


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It is envisaged that project areas will be located in different Local authorities and will therefore require different valuers for each project area. The JPIP Technical Committee will establish a format to be followed to prepare the valuation tables. These tables must be moderated to ensure fairness. This standardized procedure would include a series of reference tables for estimating asset value by type according to the approximate size and condition of the existing asset.The tables would be developed using legally acceptable valuation procedures accepted by both the Government of Kenya and World Bank for purposes of fairness and consistency. The approach will consider replacement costs and types and levels of compensation under the Kenya law. Valuation of lost assets will be made at their replacement cost.

Preparation of Asset Inventory

In order to prepare an inventory of assets for a sub‐project, a field team will visit the affected area to carry out an asset valuation survey. The team will be led by a project representative and will include the Local Authorities at the various levels, a representative of the PAPs and PMU. During the survey, each asset will be enumerated and inscribed on an inventory and a valuation of the asset carried out using the approach described above. The values of each asset will then be recorded in a register and shown to the affected person for agreement.

Valuation Methods

Replacement Cost Approach

The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on‐site management practices and thereby prevent damage. The approach involves direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement moving expenses and other transaction costs.

Gross Current Replacement Cost

Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new building having the same gross external area as that of the existing one, with the same site works and services and on a similar piece of land.

Other methods

Rates from Contractors: When rate schedules do not exist or are out of date, recent quotations by contractors for similar types of construction in the vicinity of the project can be used for calculating replacement costs.

Calculation of compensation by assets

The following methods of calculation should be adopted for the preparation of the aforementioned standardized asset valuation tables and/ or the application of specific case by case valuations in the case of projects that have significant impacts.

Compensation for Land Land Measurement Compensation Rates for LabourThe Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Calculation of Crops Compensation Rate Compensation for Buildings and Structures Compensation for Community Assets Compensation for Sacred Sites Compensation for Loss of Businesses Compensation for Cultivated Crops (both cash and subsistence) and Trees Compensation for vegetable gardens and other activities Compensation for horticultural, floricultural and fruit trees Other domestic fruit and shade trees

GRIEVANCE REDRESS MECHANISM AND APPEALS

Objectives of Grievance Redress

A key element of the resettlement process will be the development and implementation of a grievance mechanism. The PAPs must be consulted in the development of a grievance redress mechanism for a project area RAP which will be acceptable to them. Grievance procedures are required to ensure that PAPs are able to lodge complaints or concerns, without cost, and with the assurance of a timely and satisfactory resolution of the issue. The procedures ensure that the entitlements for compensation, resettlement or both are effectively delivered to the intended beneficiaries.At the time that the individual RAPs are approved and individual compensation contracts are signed, affected individuals and households will have been informed of the process for expressing dissatisfaction and how to seek redress.The grievance procedure will be simple and will be administered as far as possible, at local levels to facilitate access by PAPs.Grievances may arise from members of communities including PAPs who are dissatisfied with: ‐(i) the eligibility criteria(ii) community planning measures, or(iii) the actual implementation of the involuntary resettlement process.

Grievance Procedures

Grievance procedures do not replace existing legal process. The grievance procedures seek to resolve issues quickly in order to expedite the receipt of entitlements, without resulting to expensive and time‐consuming legal actions. The grievance procedures will be simple and will be administered as far as possible at the project area level by Resettlement and Compensation Committees. The procedures will be implemented within a clear time schedule which should be adhered to. If grievance procedures fail to provide an agreed result, complainants can still seek legal redress.

Timeliness of the process

Grievance redress procedures may be invoked at any time, depending on the complaint. No person or community from whom land or other productive assets are to be taken will be required to surrender those assets until any complaints he/she has about the method or value of the assets or proposed measures are satisfactorily resolved. The nature of grievance and consequently the manner in which it will be addressed will depend on the specific community and the impact on the PAPs.


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RESETTLEMENT SITES

The resettlement site must be chosen through consultation with all displaced people and host communities. Site selection criteria should be discussed with the project affected persons their representatives and local officials prior to being finalized. Sites should be selected to meet as many of the following favorable characteristics as possible:

Be as close as possible to the affected areas.; Accessible through existing roads. Ensure proximity to employment opportunities The area selected site should not be a protected area, classified forest, natural reserves

or environmentally sensitive lands such as sloping terrain or shallow soils.; Even and smooth topography and avoid mountainous areas, rolling topography and

steep slopes; Soils that is adequate for irrigated or rained agriculture with minimal reclamation works.

Good potential for surface or groundwater irrigation; Preferably a low population density, large holdings and a good potential for further

development. Be able to accommodate a reasonable number of project-affected families at one location

to minimize the land and village development costs. Proximity to social infrastructure such as schools and hospitals.

Influx Management

Resettlement site will likely be located close to project area and thus represent an obvious collection point for job seekers. The proposed project area will attract a significant number of newcomers seeking employment or other opportunities associated with construction and operations of the project.

Resettlement Options

The PAPs should be informed of feasible resettlement options, such as replacement land, and non-land based income-generating options. Those affected persons who prefer will be provided the opportunity to shift to wage employment or to start a small business as markets expand. Employment must include payment of fair wages.

IMPLEMENTATION ARRANGEMENTS LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS

PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and subsequent Resettlement Action Plans before work on the project can begin. For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made for compensation and for other assistance required for relocation prior to displacement. The measures to ensure compliance with this RPF will be included in the RAPs for each location involving resettlement and/or compensation. The schedule for the implementation of activities must be prepared with the full involvement of the community members and the Resettlement Committee. Target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs and dates of possession of land that PAPs are using should be publicized extensively. How these activities are linked to the implementation of the overall project area must also be agreed between the parties. The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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MONITORING AND EVALUATION (M&E) ARRANGEMENTS

In order to assess whether the goals of the resettlement and compensation plan are being met, a monitoring plan will be required. This monitoring plan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions to carry out the monitoring activities.The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring programme of the entire JPIP Project which will fall under the overall responsibility of the different executing agencies.

This framework is suggesting that where appropriate and where it is determined to be cost effective, the office of the District Administration shall be structured to host the monitoring and evaluation component of the project/program. This will take the form of giving the districts the mandate to carry out independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of quarterly or half yearly (as circumstances dictate) during the program life.The objective will be to make a final evaluation in order to determine:a) if affected people have been paid in full and before implementation of the project.b) if the people who were affected by the project have been affected in such a way that they

are now living a higher standard than before, living at the same standard as before, or they are they are actually poorer than before

c) the local communities remaining supportive of the project; andd) the absence or prevalence of conflicts

ORGANIZATIONAL ELEMENTS AND PROCEDURES FOR DELIVERY OF ENTITLEMENTS

The overall coordination of the project will be provided by the Judiciary through the JPIP Technical Committee which will oversee all resettlement planning and coordinate all issues relating to the compensation. Given the importance of the activities under the various subcomponents, JPTC will collaborate with Local Authorities falling within the project area in coordination and implementation. Funding would be processed and effected through the executing agencies established per sub‐project and channeled through the decentralized local governments and will comply with the financial arrangements agreed upon at project appraisal.The compensation process will involve several steps and would be in accordance with the individual project resettlement and compensation plans.

RPF IMPLEMENTATION BUDGET

At this stage in the pre‐appraisal, where the locations of project areas have not yet been determined, and the number of PAPs cannot be identified, it is not possible to provide a precise budget for the total costs of resettlement that may be associated with the implementation of the JPIP. However, a budget in the amount of $ 1 million has been set aside for the implementation of the Environmental and Social Management Framework, RPF implementation, outreach and capacity building. GoK will set aside some funds for potential resettlement. Therefore, activities for individual RAPs for sub‐projects will be funded like any other project activity eligible under the JPIP Project.However, when these locations are known, and after the conclusion of the site specific socio‐economic study, information on specific impacts, individual and household incomes and


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numbers of affected people and other demographic data will be available, detailed and accurate budgets for each RAP will be prepared.

The actual cost of resettlement and compensation for each sub project will be determined during the socio‐economic study. In general, the cost burden of compensation will be borne by the Judiciary for each of the sub‐project where land acquisition and resettlement will occur. The Judiciary should finance the resettlement compensation because they will be impacting on the people’s livelihoods. Funding will be processed and effected through the programme’s financial processing arrangements.


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1 INTRODUCTION

1.1 Project Background

The Judicial Performance Improvement Project (JPIP) has been under preparation since 2008 but its preparation was put on hold given the prevailing environment in the country and the Government’s commitment to judicial reforms. During its initial preparation, an Environmental and Social Management Framework (Volume II) and a Resettlement Policy Framework (Volume III) for Court Development were prepared by Environmental Resources Management Inc., (ERM). Although these reports contain the necessary information for the preparation of an ESMF and a RPF, they do not adequately cover all the sections or the issues that a standard ESMF or RPF for a project level investment such as the JPIP should address. The two frameworks do not provide a unified systematic guidance required for project implementation. In this regard, the Judiciary procured a consultant to review and update the ESMF and RPF.

The Republic of Kenya has approached the World Bank to revive the preparation of the JPIP. In line with the new constitution in which the judicial reforms are anchored, the Judiciary has developed a comprehensive judicial reform strategy which takes into account earlier viable reforms and the spirit of the new constitution. This new strategy is commonly known as the Judiciary Transformation Framework (JTF). The JTF is going to govern the reforms in the Judiciary for the next 4 years (2012-2016).

1.2 Objectives of JPIP

The JPIP is implementing some of the key activities in the JTF and is aligned with the JTF priorities. The objective of the JPIP is to strengthen the capacity of the Judiciary to deliver its services in an effective, transparent, and accountable manner.

The Judicial Performance Improvement Project (JPIP) will finance selected areas in the Judiciary’s Strategic Framework and in this regard the components for the JPIP will seek to be aligned with the identified Key Result Areas (KRA), taking into account the World Bank’s mandate and policies. Social accountability and specific Governance and Anti-Corruption tools will be mainstreamed into the various components the project and project management. Specifically, this will include third party project monitoring, the involvement of CSOs supervision of the project procurement monitoring and access to project information.

1.3 Objectives of the Resettlement Policy Framework (RPF)

The Resettlement Policy Framework will be used in cases of projects that have a potential for displacing persons (DPs) or impacting their livelihoods. The RPF aims at avoiding and minimizing resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. However, for due diligence purposes, the Judiciary has prepared and will disclose this Resettlement Policy Framework (RPF) prior to project appraisal. The RPF has been prepared and will be cleared by the World Bank and disclosed publicly in Kenya and at the World Bank Infoshop before project appraisal.


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In summary, the objectives of the Resettlement Policy Framework (RPF) are to:

Outline the potential social-economic impacts of the JPIP on the PAPs Establish the JPIP resettlement and compensation principles and implementation

arrangements; Describe the legal and institutional framework underlying Kenya approaches for

resettlement, compensation and rehabilitation; Define the eligibility criteria for identification of project affected persons (PAPs) and

entitlements; Outline the valuation procedure, various methods of valuing affected assets and

calculation of compensation for assets Describe the consultation and disclosure procedures and participatory approaches

involving PAPs and other key stakeholders; Provide procedures for filing grievances and resolving disputes and Provide implementation arrangements for resettlement and propose monitoring and

evaluation arrangements after resettlement.

1.4 RPF Study Approach and Methodology

The RPF study was carried out through the following activities:


Review of the relevant national and local legislation governing the rehabilitation of existing courts and construction of new court buildings.





1.5 Rationale for Preparing the RPF

The RPF will provide the Judiciary and other stakeholders with procedures and processes of indentifying, assessing and compensating for affected properties and livelihoods including land and income generated activities during the JPIP implementation.

1.6 Scope of Application of the RPF

The RPF will apply to all project area activities to be identified/areas to be demarcated. The procedures will be carried out throughout project preparation and implementation and impacts of any potential resettlement will be included in monitoring and evaluation (M&E) programme. When a Resettlement Action Plan (RAP) is required, it will be prepared in accordance with guidance provided in this RPF which includes; Carrying out a detailed survey on the actual number of people to be affected by the

project;The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Carrying out a detailed evaluation of the amount of land and detailed survey on the structures to affected by the project area activity;

Carrying out a detailed census/count of trees affected by the project area activity; Preparing an inventory of losses and a detailed Entitlement Matrix that will be used for

compensation; Preparing livelihood restoration strategies and measures necessary to assist people

affected by the project area activity to improve or restore their living standards Preparing a detailed organizational arrangement for delivery of entitlements, including

livelihood restoration measures, preparation and review of cost estimates, the flow of funds and contingency arrangements;

Preparing a detailed description of the implementation process, linking resettlement implementation to civil works;

Preparing a detailed grievance redress mechanism including concise procedures for dispute resolution taking into account traditional dispute settlement measures and judicial recourse;

Preparing a detailed estimated budget cost for the whole resettlement action plan inclusive of costs of structures, land, contingencies and monitoring of the project

Preparing a detailed description of arrangements for monitoring by the implementing agency and if required by independent monitors

Preparing a detailed description of mechanisms for consulting with, and participation of, displaced persons and stakeholders in planning, implementation and monitoring of the project.

The RPF and RAP follow the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP4.12).

The RPF ensures that any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures in particular against potential impoverishment risks.

These risks can be minimized by:

Avoiding displacement of people without a well designed compensation and relocation process;

Minimizing the number of PAPs to the extent possible; Compensating for losses incurred and displaced incomes and livelihoods and Ensuring resettlement assistance or rehabilitation, as needed to address impacts on

PAPs livelihoods and their wellbeing.

1.7 Resettlement Policy Framework Report Layout

The RPF is prepared to the standards of the Government of Kenya’s policy on resettlement and compensation and the World Bank Operational Policy on Involuntary Resettlement (OP4.12).A Project Summary, List of Abbreviations and a Glossary and definitions of terms used in the report are also provided for guidance at the beginning of this report.

This RPF report opens with an Executive Summary which briefly presents the salient points of this RPF.


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The main body of the report is presented as follows:

Chapter One: This chapter carries the introduction to the RPF assignment. It outlines the background of the JPIP, its objectives and the objectives of the RPF including a Rationale of carrying out the RPF and its scope of application.

Chapter Two: This chapter summaries the wider Project objectives and describes the JPIP’s components and subcomponents, project locations and designs.

Chapter Three: This chapter gives a summary of Legal & Policy Frameworks Governing Resettlement, describing the requirements of both the Kenyan Law and the World Bank Safeguard Policy OP 4.12. It also gives a comparison and gaps between Government of Kenya Laws and WB Policies on Resettlement and proposes measure to bridge the gaps

Chapter Four: This chapter outlines the detailed methodology and related activities that have been applied in the preparation of the RPF. These activities includes literature review, stakeholder consultation and presentation of findings and results

Chapter Five: This Chapter outlines in general terms the project activities and their displacement potential and the expected impacts associated with displacement and resettlement. It summaries the type of displacements and the various categories of PAPs. The chapter gives the type and the detail of information that best displays the socioeconomic status of the PAPs.

Chapter Six: This chapter describes the common principles, objectives, institutional arrangements and procedures that will govern resettlement activities on all project areas. It allows project implementers, who may be in many locations, agencies or communities to undertake specific projects involving resettlement without having to re-negotiate fundamental agreements.

Chapter Seven: This chapter deals with the Process for Screening, Preparation and Review of RAP. It sets out the step by step process that the Judiciary will take to determine whether a project area will result in physical or economic displacements and therefore whether a Resettlement Action Plan (RAP) is required and if so, how to prepare and implement one.

Chapter Eight: This chapter gives the notification procedure and public consultation and participation during the projects preparation and implementation. It gives the outline and format of the content of the public consultation meetings commonly known as barazas in the Kenya context. This chapter also gives the procedure for public disclosure of resettlement instruments in compliance with relevant Kenyan regulations and the World Bank Involuntary Resettlement Policy.

Chapter Nine: This chapter sets out eligibility criteria, which are necessary to determine who will be eligible for resettlement and benefits, and to discourage inflow of ineligible people. It also gives the methods of determining the Cut-off dates.

Chapter Ten: This chapter outlines the valuation procedure and the methods of valuing affected assets. The various calculations of compensation value of the various types of assets are given. In addition, this chapter provides the types of compensation payments and the methods of compensations available.


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Chapter Eleven: This chapter provides the objectives of Grievance Redress, grievance procedures/ process. It outlines how grievances relating to resettlement are logged, the procedure for managing grievances and monitoring of complaints. It also shows how Consensus and Negotiations are useful tools in Conflict Resolution.

Chapter Twelve: This chapter gives the basic resettlement site selection criteria and characteristics of potential resettlement areas and site alternatives. It also shows how influx management and livelihood restoration is done.

Chapter Thirteen: This chapter deals with the project implementation arrangements that link resettlement to civil works since the PAPs will need to be compensated in accordance with this Resettlement Policy Framework and subsequent Resettlement Action Plan before civil works on the project can begin.

Chapter Fourteen: This chapter deals with the Monitoring and Evaluation (M&E) arrangements. It gives the objective of the M&E and sets the monitoring and evaluation goals. It gives the responsibility of the concern authorities and gives the monitoring indicators. It shows how storage of data and information is done and how annual audits and social economic monitoring are carried out.

Chapter Fifteen: This chapter outlines the organizational elements and procedures for delivering the entitlements. It gives an overview of the overall coordination of the JPIP project and the specific roles in the compensation procedure for both individual and community assets

Chapter Sixteen: This chapter deals with the RPF Implementation Budget. At this stage, it is difficult to provide a reasonable and meaningful indicative budget for the JPIP project because the locations of each project areas are unknown. Each RAP will include a detailed budget, using a template provided in Annex 9 of this RPF thus facilitating the preparation of a detailed and accurate budget for resettlement and compensation

References: A list of all material that was referenced during the preparation of the RPF is provided.

ANNEXES: List of Annexes is provided:

Annex 1: TOR for the preparation of an ESMF and RPF for JPIPAnnex 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP)Annex 3: Sample Household QuestionnaireAnnex 4: Sample Household Interview Form and Compensation MatrixAnnex 5: Sample Grievance and Resolution FormAnnex 6: Sample of Register of Participants at RAP Public Consultation MeetingAnnex 7: An Outline of Agenda of Public Consultation MeetingsAnnex 8: Sample Resettlement Action Plan (RAP) Stakeholder QuestionnaireAnnex 9: Sample Budget for RAP


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2 PROJECT OBJECTIVE AND DESCRIPTION

2.1 Project Objectives

The primary objective of the consultancy is to prepare a Resettlement Policy Framework (RPF) to be relied upon in the implementation of the Judicial Performance Improvement Project (JPIP). The Resettlement Policy Framework will be used in cases of projects that have a potential for displacing persons (DPs) in the project areas or impacting their livelihoods. The RPF outline measures to avoid and minimize resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. However, for due diligence purposes, the Judiciary is preparing and will disclose the Resettlement Policy Framework (RPF) prior to appraisal. The RPF has is being prepared and will be cleared by the World Bank and disclosed publicly in the Kenya and at the World Bank Infoshop before project appraisal.

2.2 Project Components and Sub-Components

The proposed Judicial Performance Improvement Project (JPIP) will finance selected areas in the JTF and in this regard the components for the JPIP will seek to be aligned with the identified key result areas, taking into account the World Bank’s mandate and policies, which are concerned with assuring quality in public service provision. The project activities will assist the Judiciary in delivering its services in an effective, transparency and accountable manner. The project will finance activities which will also promote gender equity in accessing those services and ensure appropriate third party oversight of implementation of project activities. Specifically, this will include third party project monitoring, the involvement of CSOs in project supervision and procurement monitoring and access to project information. As far as practicable these features will be incorporated into all project activities and processes under each component.

2.2.1 Component 1: Court Administration and Case Management

Various reviews and studies of the court administration in Kenya over recent years have noted the highly centralized administrative structures (remnant of the colonial legacy), leading to poor supervision of the courts, unsatisfactory personnel deployment practices and inconsistent policy formulation on various aspects of court management. This component will support an initial organizational review of the Judiciary, taking into account the recent structures proposed by the JTF, and the consequent establishment of new management structures, directorates and committee structures. It will support the Judiciary’s leadership, management and staff to enable them to carry out a significant process of change management. The Report of the Task Force on Judicial Reforms of August 2009 recommended that performance management, incorporating performance appraisal of individual judicial officers and staff and performance evaluation of systems and processes of the entire Judiciary as a whole, be introduced. Section 47 (2) (g) of the Judicial Services Act, No.1, 2011 provides that the JSC may prepare regulations for the performance appraisal of the system of the Judiciary. For that purpose, a director of performance management was recruited by the Judiciary in early 2012 to head a new Performance Management directorate.


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This component will also assist the Judiciary to develop the necessary regulations and implement performance criteria for judges, magistrates and other court personnel. The German Government, via its development agency GIZ, is financing a consultancy that is developing a performance appraisal model for the Kenya Judiciary. The activities to be undertaken by this component will build on that work to enable the Judiciary to monitor its performance and ensure that it meets standards it sets for itself through integrated performance appraisal and management and accountability for targeted results. It will introduce judicial officers to modern tools and concepts for personnel management that have been endorsed by the Constitution, particularly those pertinent to the achievement of the Judiciary’s performance goals, such as more effective and explicit systems of planning and personnel management. It will assist the Judiciary in developing more effective budget management and control.

The component will strengthen the general capacities of the JSC in fulfilling its constitutional purpose. It will provide technical assistance in a range of areas including preparation of ongoing programs pursuant to the JSC strategic plan; and for developing policy and procedures for disciplining (as opposed to removing) judges. It will provide logistic support and financing for the JSC’s operating costs.

This component will tackle major court management issues. As the courts of first instance, the magistrates’ courts in Kenya handle about 90% of all court caseloads. They are severely overworked and understaffed. According to the Judiciary Strategic Plan 2008-2012, there were 280 magistrates in post and 275 vacant positions. Those in office were experiencing a significant backlog. According to the preliminary report on Synchronized Survey of Pending Cases, as of 2007, there were 796,213 pending cases out of which 723,321 were in the magistrate courts. This equates to a backlog of 2,853 cases per magistrate. The same study also identified long delays in the typical times to dispose of cases, concluding that 47% of High Court pending cases were over five years old and 76% of pending magistrate court criminal cases (excluding traffic cases) were more than 12 months old and 28% were over 5 years old. Of pending civil cases in magistrates’ courts in 2007, 83% were over one year old and 44% were over 5 years old. These figures are now estimated by officials of the Kenyan Judiciary to be significantly worse and efforts to establish the current backlog by the Judiciary are underway. Some of the recent progressive case reduction was recently highlighted.

This component will seek to improve delivery of some critical judicial services to the public. And in this respect will: (a) establish case tracking and management processes to speed trials and reduce backlogs initiatives that will include automating and rationalizing procedures via a pilot court program, the beneficial results of which are to be rolled out to all major court stations over the course of the project; (b) carry out an assessment of, and establish, a court-annexed mediation program as a means of offering genuine alternative dispute resolution system options in trial courts; (c) automating recording of court proceedings (currently a manual process), and automating and digitizing records management systems in court registries; and (d) reducing the backlog of old and extremely old pending cases. The Project will work with the Judiciary to establish the status of the work it has undertaken to generate regular and complete data on case delay and backlog; and it will build on the work undertaken to date under the FLSTAP to address the need to reduce commercial case processing delays.


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Expected results from this component include: (a) reduction in the average age of pending cases and in average case disposal times for every major category of case processed in Kenyan courts; (b) improved accountability for performance in the Judiciary; and (c) increased efficiencies in the management of court hearings and other court processes by means of introducing audio recording of hearings and by automation of other case management processes.

In addition to case management reforms the Judiciary is able to implement within the ambit of existing rules and administrative arrangements, the project will also support processes for improving the productivity of courts in case management. This will by means of procedural reforms and improvements in whole-of-government administrative arrangements that can impact on the levels of particular kinds of legal disputes. Support will be given to the work of the National Council for the Administration of Justice (NCAJ) to advance the momentum of facilitating national dialogue and commitment to procedural reform that directly impacts on court workloads. This will be done by providing the NCAJ with a secretariat, a research capacity and budgetary assistance in reviewing a range of topical areas that represent major elements of court caseloads.

Examples of the research programs to be supported include reform options relevant to (a) major commercial, contractual and tort money claims procedure; (b) violent crime and street offence procedure; (c) embezzlement, misappropriation & corruption offence procedure; (d) traffic and regulatory infringements and penalty enforcement procedure; (e) family, personal property and inheritance (including Sharia courts) procedure; (f) claims against government agencies procedure; (g) court user groups & community justice diversionary options procedure; (h) audio recording and transcript production & usage procedure; (i) court case classification and the adoption of standards for evaluating performance of justice agencies; and (j) integrated legal aid services provision procedure. The outcomes of these areas of research will be aimed at identifying alternatives to existing disputes resolution procedures in these areas that are able to offer structural and enduring improvements in the efficiency and effectiveness of justice administration.

Support will also be given to the National Council of Law Reporting of Kenya to solidify its work in developing ICT systems for case management and in producing legal information databases for the use of the Judiciary. The NCLR’s research capacities will be enhanced to continue its work in guiding the development and implementation of case management software usage and testing. It will also be supported in establishing a sentencing information system, based on comparable systems developed in other common law countries, for providing guidance for judges and magistrates in sentencing in criminal cases. The aim of such systems to make use of real case data by which the Judiciary may develop greater consistency in sentencing decisions at both trial court and appellate court levels.

2.2.2 Component 2: Judicial Training/Staff Development

The Constitution of Kenya places continuing education and training of judicial officers at the core of laying the foundation of efficient, effective and fair administration of justice. Although a Judicial Training Institute (JTI) has been set up, judicial training has not been fully institutionalized and pre-and in-service training for magistrates is still weak and continuous judicial training for all judicial officers haphazard.


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This component will strengthen the capacity of the JTI in carrying out its mandate. It will provide a structure for defining the critical competencies of judicial officers and for their on-going training toward those competencies. The component will assist the JSC to: (a) conduct and update previous assessments of the training needs of the different categories of personnel within the Judiciary, e. g. paralegal staff, court administrators, magistrates and judges; (b) review the progress to date on the performance of the JTI and identify areas for strengthening its capacity to deliver timely and relevant training to improve the capacity of the judicial officers; (c) develop and implement relevant training; and (d) purchase equipment and software to enhance its performance.

Project support to the JTI will be focused on supporting the implementation of key activities in the JTI’s strategic plan. This includes setting up and resourcing a research resource center and reinforcing processes by which training programs can be offered steadily and consistently throughout each court year. In addition, the component will finance a review of the modalities of conducting judicial training, and will include the possibility of outsourcing training services or developing partnerships with universities and law schools and via new media, such as by the development of accredited online learning programs.

In order to strengthen the technical capacity for research, interpretation and analysis by judges and magistrates, the project will also design and implement a specific program. This will be targeted at court administrative managers, judicial clerks, registry personnel and staff retained to undertake research or to assist the general public.

2.2.3 Component 3: Courts Infrastructure

The funding provided by the Bank for proposed new courts construction and for existing courts renovation is intended to help accelerate the overall construction and renovation program being funded by the government. The component will focus on developing the necessary infrastructure for the Judiciary to hold trials and provide access to courts by providing the physical space necessary. It will help to address a multitude of infrastructure related issues in the country, including the shortage of courts; building deterioration and structural problems affecting functionality, health, and safety; inadequate security, particularly around internal building circulation for judges, public, and defendants in remand; lack of public amenities, such as handicapped accessibility and restrooms, great distances and travel times to courts for many citizens, etc. In summary, this component will:

a) Promote the development of cost effective, uniform-space planning, design standards and other relevant objectives that promote better judicial services.

b) Support the rehabilitation of several magistrates’ courts and the construction of a few new High Court stations.

c) Support demountable buildings and mobile courts where necessary.d) Carry out assessments for safeguards compliance.e) Support the Chief Registrars office with construction professionals to help manage and

supervise the construction and renovation program.

GoK will finance any construction that has land acquisition and/or access limitation implications. This is to help ensure that the Bank-financed works follow Bank procedures strictly and do not trigger social or environmental safeguards. In this regard, the Bank-financed sites will only be selected from those sites that are already owned and exclusively occupied by the Judiciary.


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The production of an Environmental and Social Management Framework (ESMF) and of a Resettlement Framework (RF) is underway. Other ongoing preparatory work, funded by a World Bank Project Preparation Facility include the hiring of experts to prepare the land surveys, architectural designs, and bidding documents prior to effectiveness.

The Bank funding portion will support the renovation of 30 magistrate courts, 6 high court renovations and about 60 demountable buildings. Demountables are to be used for those courts that need to operate during construction of new buildings or refurbishment, or in locations where courts may temporarily sit. Demountables may be used as courtrooms, office space, and public waiting areas or for services, such as for toilets or records storage.

2.2.4 Component 4: Project Management

The primary objective of this component is to help the Judiciary manage and coordinate project activities, including the financial and procurement functions. Specifically the component will: a) Support a Project Management Unit (PMU), including the professionals , office

equipment, operating costs (e.g. website, print materials, etc.) and training for the unit’s staff.

b) Finance a Integrated Fiduciary Agent responsible for the financial management and procurement functions of the project, as well as training/transfer of these skills to Judiciary staff.

c) Design and implement a public engagement communication strategy and work plan, including regular review of its effectiveness for continued improvement.

d) Offer TA in a range of areas including for the project’s financial audits; the Results Framework’s M&E arrangements, surveys and evaluations (in close collaboration with the Judiciary staff/component 1); technical support for the Judiciary and other arising needs during project implementation.

e) Provide training and meeting facilitation funds to help strengthen capacity building, communication, and consultations within the Judiciary and with relevant stakeholders. This would, for example, support semi-annual M&E workshops with PCU, Judiciary staff (in Nairobi and other participating court stations, including the Directorates). It would also help to carry out any necessary workshops, trainings and study tours for participating stakeholders and partners, among other arising needs.

f) Support participation in relevant social initiatives that are financed by other development partners and/or the government. These activities include, the courts' outreach activities, including open days with score cards and legal awareness campaigns, etc.

g) Produce quarterly IFR/FMRs, annual work plans, annual procurement plans, annual progress reports, a mid-term report and a completion report, while ensuring the Judiciary is kept regularly updated and able to address or adjust implementation requirements as needed based on timely monitoring, reporting and coordination by the PMU.

2.3 Project Locations

The Bank funding portion will support the proposed construction of 6 New High Courts, 2 New Magistrate Courts, buying demountables (temporary structures) and rehabilitation of 30 Courts (High Courts and Magistrate Courts) located across the entire country. Demountables are to be used for those courts that need to operate during construction of new buildings or refurbishment, or in locations where courts may temporarily sit. Demountables may be used as courtrooms, office space, and public waiting areas or for services, such as for toilets or records storage. The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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2.4 Proposed Designs of Magistrate and High Courts

The facilities to be provided at each development location will vary depending on the type of court and the caseload from the area. Designs will be flexible and each facility will be designed to meet specific needs. Whereas the designs have not been finalized, there are certain basic facilities which each new Court facility is expected to include for its operations and to provide services for users and employees.These include: A Court room for each Magistrate or Judge (a Magistrates Court could typically be staffed

by between two and four Magistrates and a High Court by up to eight or ten Judges and Magistrates);

A private Chamber with toilet facilities for each Magistrate or Judge; Private facilities for hearing cases involving children; In areas with a significant Muslim population, a Kadhi’s Courtroom; Registry office; Prosecutors office; Accountant’s office; Administration offices; Library; Filing and archiving rooms; Lawyers rooms; Probation office and aftercare facilities; Secure prisoner receiving area; Male and female holding cells and toilets; Front entrance and waiting area; Male and female public washrooms; Male and female staff washrooms; A common room for Judges and a common room for Magistrates and senior paralegal

staff.

2.5 Implementing Agency of the RPF

The Judiciary will be the overall implementing agent of the entire JPIP of which the RPF is an important tool that will offer direction on matter touching on resettlement. The Judiciary will ensure that the project follow the World Bank operational procedures and do not trigger social or environmental safeguards. The Judiciary will also be responsible for day today project implementation (project management, financial management, procurement, disbursement, monitoring etc.) for all components as indicated on Figure 1 overleaf


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.

Figure 1: JPIP Implementation Matrix


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3 LEGAL & POLICY FRAMEWORKS GOVERNING RESETTLEMENT

3.1 Introduction

The consultant team reviewed several relevant laws of Kenya and international conventions while developing the RPF. The RPF has considered these laws, regulations and conventions. This chapter of the Policy considers these laws and legislations as relates resettlement in Kenya. These are outlined below.

3.2 The Environmental Management & Coordination Act (EMCA), 1999

EMCA provides for the establishment of appropriate legal and Institutional framework for the management of the environment and other related matters. Part II of EMCA, 1999 states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment.

In order to ensure that the above status is achieved, Part VI Section 58 and Subsection (1) directs that notwithstanding any approval, permit or licence granted under this Act or any other law in force in Kenya, any person, being a proponent of a project, shall before financing, commencing, proceeding with, carrying out, executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking specified in the Second Schedule to EMCA Act, submit EIA Report to the Authority, in the prescribed form, giving the prescribed information.

3.3 The Forests Act, 2005

This is Act of Parliament to provide for the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country.52. (1) Except under a licence or permit or a management agreement issued or entered into under this Act, no person shall, in a state, local authority or provisional forest -

a) fell, cut, take, burn, injure or remove any forest produce; b) be or remain therein between the hours of 7 p.m. and 6 a.m. unless he is using a

recognised road or footpath, or is in occupation of a building authorised by the Director, or is taking part in cultural, scientific or recreational activities;

c) erect any building or livestock enclosure, except where the same is allowed for a prescribed fee;

d) smoke, where smoking is by notice prohibited, or kindle, carry or throw down any fire, match or other lighted material;

e) de-pasture or allow any livestock to be therein; f) clear, cultivate or break up land for cultivation or for any other purpose; g) enter any part thereof which may be closed to any person; h) collect any honey or beeswax, or hang on any tree or elsewhere any honey barrel- or

other receptacle for the purpose of collecting any honey or beeswax, or enter therein for the purpose of collecting honey and beeswax, or be therein with any equipment designed for the purpose of collecting honey or beeswax;

i) construct any road or path; j) set fire to, or assist any person to set fire to, any grass or undergrowth or any forest

produce; k) possess, bring or introduce any chain saw or logging tools or equipment; The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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l) damage, alter, shift, remove or interfere in any way whatsoever with any beacon, boundary mark, fence notice or notice board.

3.4 The Agricultural Act Cap 318

This is an Act of Parliament that aims to promote and maintain a stable agriculture, to provide for the conservation of the soil and its fertility and to stimulate the development of agricultural land in accordance with the accepted practices of good land management and good husbandry.

3.5 The Land Registration Act, 2012

An Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes6. (1) For the purposes of this Act, the Commission in consultation with national and county governments may, by order in the Gazette, constitute an area or areas of land to be a land registration unit and may at any time vary the limits of any such units.6 (6) The land registration units shall be established at county level and at such other levels to ensure reasonable access to land administration and registration services.7. (1) There shall be maintained, in each registration unit, a land registry in which there shall be kept—(a) a land register, in the form to be determined by the Commission;(b) the cadastral map;(c) parcel files containing the instruments and documents that support subsisting entries in the land register.(d) any plans which shall, after a date appointed by the Commission, be geo-referenced;(e) 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;(f) an index, in alphabetical order, of the names of the proprietors; and(g) a register and a file of powers of attorney.

(2) The Registrar shall, upon payment of the prescribed fee, make information in the land registry accessible to any person.

(3) In establishing the land registry, the Public Service Commission and Cabinet Secretary, shall be guided by the principles of devolution set out in Articles 174 and 175 of the Constitution.26. (1) The certificate of title issued by the Registrar upon registration, or to a purchaser of land upon a transfer or transmission by the proprietor shall be taken by all courts as prima facie evidence that the person named as proprietor of the land is the absolute and indefeasible owner, subject to the encumbrances, easements, restrictions and conditions contained or endorsed in the certificate, and the title of that proprietor shall not be subject to challenge, except—(a) on the ground of fraud or misrepresentation to which the person is proved to be a party; or(b) where the certificate of title has been acquired illegally, un-procedurally or through a corrupt scheme.28. Unless the contrary is expressed in the register, all registered land shall be subject to the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register—The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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trusts including customary trusts ;(c) rights of way, rights of water and profits subsisting at the time of first registration under this Act;(e) rights of compulsory acquisition, resumption, entry, search and user conferred by any other written law;h) rights acquired or in process of being acquired by virtue of any written law relating to the limitation of actions or by prescription;electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or laid in pursuance or by virtue of any power conferred by any written law; and(j) any other rights provided under any written law.

3.6 The Land (Group Representative) Act Cap 287

An Act of Parliament to provide for the incorporation of representatives of groups who have been recorded as owners of land under the Land Adjudication Act, and for purposes connected therewith and purposes incidental thereto.

3. The Minister shall, by notice in the Gazette, appoint a person who is a public officer to be Registrar of Group Representatives to perform the duties and exercise the powers imposed and conferred on the registrar by this Act, and may appoint a Deputy Registrar of Group Representatives and such number of Assistant Registrars as he considers necessary, who shall all be subject to the directions of the Registrar of Group Representatives.

5. (1) Upon being notified under section 23 (5) (c) of the Land Adjudication Act that a group has been advised to apply for group representatives to be incorporated under this Act, the registrar shall convene a meeting of the members of the group, at a specified time and place, to –

a) adopt a constitution; b) elect not more than ten and not less than three persons to be group representatives of

the group; andc) elect persons to be the officers of the group in accordance with the constitution.

(2) The registrar or a public officer appointed by him in writing for the purpose shall preside at the meeting to be held under section 5 of this Act.

3.7 The Trust Lands Act Cap. 288

This is an Act of Parliament to make provision for Trust land. According to the Act, all the trust lands are vested in local county council within whose area of jurisdiction the land is situated. Additionally, each county council holds the trust land vested in it for the benefit of the persons ordinarily resident on the land, and give effects to rights, interests or other benefits in respect of the land as may be under the African Customary Law for being in force and applicable thereto; and be vested in any tribe or individual, subject to the rights for the Government to set apart and alienate any land required for public purposes, or for such other purposes as the County Council may think is beneficial. The Commissioner of Lands acts as the agent of the County Council in respect of any trust land which is to be set apart.


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3.8 The Land Control Act Cap 302

This is an Act of parliament to provide for controlling transactions in agricultural land. The Act requires approval of the Land Control Board for the following transactions to be legal and valid;

a) The sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land which is situated within a land control area;

b) The division of any such agricultural land into two or more parcels to be held under separate titles, other than the division of an area of less than twenty acres into plots in an area to which the Development and Use of Land (Planning) Regulations, 1961 for the time being apply;

The issue, sale, transfer, mortgage or any other disposal of or dealing with any share in a private company or co-operative society which for the time being owns agricultural land situated within a land control area.

3.9 The Local Government Act (Cap. 265)

Section 164 (1) A local Authority shall have power to summon any applicant for, or any objector to, the grant of a license to give evidence or to produce books or documents at any sitting of the Local Authority or a committee thereof held for the purpose of hearing the application for such license, and any such person refusing or omitting without sufficient evidence or to produce books or documents in his possession or under his control as required by such summons shall be guilty of an offence Section 165 (1) A Local Authority may refuse to grant or renew any licence which it is empowered under this Act or any other written law to grant on any such grounds as it may, by by-law, specify and in addition upon any of the following grounds whether specified in such by-laws or not:With respect to any licence whether relating to a trade, business or occupation, or to premises or otherwise:

That the premises in or at which the applicant intends to carry on his trade, business or occupation do not conform to the requirements of any by-laws in force in the area of such local authority, whether made under this Act or any other written law.

That the granting of such licence or the renewal thereof, as the case may be, would be contrary to the public interest

3.10 The Land Adjudication Act, Cap. 284

An Act of Parliament to provide for the ascertainment and recording of rights and interests in Trust land, and for purposes connected therewith and purposes incidental thereto

13. (1) Every person who considers that he has an interest in land within an adjudication section shall make a claim to the recording officer, and point out his boundaries to the demarcation officer in the manner required and within the period fixed by the notice published under section 5 of this Act.


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(2) Every person whose presence is required by the adjudication officer, demarcation officer, recording officer, committee or board shall attend in person or by a duly authorized agent at the time and place ordered.

(3) If any person who is ordered to attend fails to attend in person or by a duly authorized agent, the demarcation, recording, adjudication or arbitration, as the case may be, may proceed in his absence.

(4) If the demarcation officer or the recording officer considers that a person who has not made a claim has an interest in land within the adjudication section, he may. but is not bound to, proceed as if that person had made a claim.

3.11 The Constitution of Kenya, 2010

Kenya has a new Constitution promulgated on 27th August 2010. It is considered good and progressive as it states in Article 1 (1) “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution”. The new Constitution has an elaborate Bill of Rights in chapter four, Land and Environment in chapter five. With respect to JPIP, the new Constitution has provided under the Bill of Rights, among others, protection of right to property safeguarded by the provisions of the Land and Environment Section. The Land Act 2012 has repeal the existing the hitherto land laws which have been considered antidevelopment. It is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. JPIP will be implemented under a new regime of Laws. The new Constitution has introduced Devolved Government system which brings development to the County Level. This amalgamation of the Counties brings new development challenges especially due to the differences in development levels.

3.12 The Land Act 2012

The Act shall apply to all land declared as: public land under Article 62 of the Constitution; private land under Article 64 of the Constitution; and community land under Article 63 of the Constitution and any other written law relating to

community land.The guiding values and principles of land management and administration bind all State organs, State officers, public officers and all persons whenever any of them—

a) enacts, applies or interprets any provisions of this Act; andb) makes or implements public policy decisions.

In the discharge of their functions and exercise of their powers under this Act, the Commission and any State officer or public officer shall be guided by the following values and principles—a) equitable access to land;b) security of land rights;c) sustainable and productive management of land resources;d) transparent and cost effective administration of land;e) conservation and protection of ecologically sensitive areas;


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f) elimination of gender discrimination in law, customs and practices related to land and property in land;

g) encouragement of communities to settle land disputes through recognized local community initiatives;

h) participation, accountability and democratic decision making within communities, the public and the Government;

i) technical and financial sustainability;j) affording equal opportunities to members of all ethnic groups;k) non-discrimination and protection of the marginalized; andl) democracy, inclusiveness and participation of the people; andm) alternative dispute resolution mechanisms in land dispute handling and management.The Act states that there shall be the following forms of land tenure: freehold; leasehold; such forms of partial interest as may be defined under this Act and other law, including

but not limited to easements; and customary land rights, where consistent with the ConstitutionThere shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems.

Title to land may be acquired through— (a) allocation; (b) land adjudication process; (c) compulsory acquisition; (d) prescription; (e) settlement programs; (f) transmissions; (g) transfers; (h) long term leases exceeding twenty one years created out of private land; or (i) any other manner prescribed in an Act of Parliament.

(1) Any land may be converted from one category to another in accordance with the provisions of this Act or any other written law. (2) Without prejudice to the generality of subsection (1)― (a) public land may be converted to private land by alienation; (b) subject to public needs or in the interest of defence, public safety, public order, public

morality, public health, or land use planning, public land may be converted to community land;

(c) private land may be converted to public land by― (i) compulsory acquisition; (ii) reversion of leasehold interest to Government after the expiry of a lease; and (iii) transfers; or (iv) surrender.

(d) Community land may be converted to either private or public land in accordance with the law relating to community land enacted pursuant to Article 63(5) of the Constitution.

(3) Any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or county assembly as the case may be.


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3.13 The Environment and Land Court Act of 2011

Section 3. (1) The principal objective of this Act (Environment and Land Court Act, 2011) is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act.

Section 13. (1) The Court shall have original and appellate jurisdiction to hear and determine all disputes in accordance with Section 162 (2)(b) of the Constitution and with the provisions of this Act or any other law applicable in Kenya relating to environment and land. (2) In exercise of its jurisdiction under Section 162 (2) (b) of the Constitution, the Court shall have power to hear and determine disputes ―(a) relating to environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) relating to compulsory acquisition of land; (c) relating to land administration and management;(d) relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and(e) any other dispute relating to environment and land.(3) Nothing in this Act shall preclude the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to a clean and healthy environment under Sections 42, 69 and 70 of the Constitution.

3.14 Physical Planning Act (Cap 286)

Part V of this Act provides for control of development. This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of Government in order to remove uncertainty regarding the responsibility for regional planning. A key provision of the Act is the requirement for Environmental Impact Assessment (EIA). This legislation is relevant to the implementation and siting of sewerage plants in pilot urban centres as identified in the project document.

Section 30. (1) Requires that No person shall carry out development within the area of a local authority without a development permission granted by the local authority.It provides for a hierarchy of plans in which guidelines are laid down for the future physicaldevelopment of areas referred to in a specific plan. The intention is that the three-tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues. The Act calls for public participation in the preparation of plans and requires that in preparation of plans proper consideration be given to the potential for socio-economic development needs of the population, the existing planning and future transport needs, the physical factors which may influence orderly development in general and urbanization in particular, and the possible influence of future development upon natural environment.


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3.15 World Bank Safeguard Policies relating to Relocation and Resettlement

3.15.1 Involuntary Resettlement: OP/BP 4.12

The Bank's Operational Policy 4.12: Involuntary Resettlement is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts.It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.Bank experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks.

3.15.2 Indigenous People: OP/BP 4.10

The World Bank policy OP/BP 4.10 on Indigenous Peoples, underscores the need for Borrowers and Bank staff to identify Indigenous Peoples, consult with them, ensure that they participate in, and benefit from Bank-funded operations in a culturally appropriate way and that adverse impacts on them are avoided, or where not feasible, minimized or mitigated.

This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous Peoples, the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples.

3.16 Land Tenure Issues

Land tenure refers to the terms and conditions under which rights to land and land-based resources are acquired, retained, used, disposed of, or transmitted. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources, for how long, and under what conditions.

Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Alternatively, they may be relatively poorly


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defined with ambiguities open to exploitation. In broad terms, land tenure rights are often classified according to whether they are formal/statutory or informal/customary. Formal property rights may be regarded as those that are explicitly acknowledged by the

state and which may be protected using legal means. Statutory land tenure system is governed by modern law and supported by documentary evidence, such as a title deed or lease certificate, and administered by the government.

Land ownership under the statutory tenure system is often built on freehold or leasehold entitlements to the land and offers exclusive rights to the owner, which guarantee land tenure security.

Informal property rights are those that lack official recognition and protection. Customary land tenure system is governed by unwritten traditional rules and administered by traditional leaders. Active occupation or usage of a piece of land is the main evidence of ownership or an existing interest on the land. In customary tenure, access to land is contingent upon tribal or community membership controlled by the chief. Households have strong, exclusive residential rights, seasonally exclusive rights to arable land, and shared rights to grazing land and natural resources. Land is not alienable from the community trust, so it cannot be used as collateral for loans.

Land tenure is often categorized as:

3.16.1 Public Land

Public land is owned by the Government for own purpose and which includes unutilized or delineated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Government Lands Act Cap 280. Property rights are assigned to some authority in the public sector. For example, in some countries, forest lands may fall under the mandate of the state, whether at a central or decentralized level of government. Public land comprises all land owned by the Government and dedicated to a specified public use or made available for private uses at the discretion of the Government.

3.16.2 Private Land

Private land refers to land held by an individual or other entity under freehold or leasehold tenure. It is the assignment of rights to a private party who may be an individual, a married couple, a group of people, or a corporate body such as a commercial entity or non-profit organization. For example, within a community, individual families may have exclusive rights to residential parcels, agricultural parcels and certain trees. Other members of the community can be excluded from using these resources without the consent of those who hold the rights. Alienation of private rights to land should take into account all other legitimate rights or interests (spouses and children rights or interests) held or claimed by other persons over the affected land.

Private land may be held under either of the following tenures;

Freehold TenureFreehold connotes the largest quantum of land rights which the sovereign can grant to an individual. While it confers unlimited rights of use, abuse and disposition, it is subject to the regulatory powers of the State. In Kenya, such interests are individually held


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under the Registration of Titles Act (Cap 281), the Land Titles Act (Cap 282) or the Government Lands Act (Cap 280). The absolute proprietorship was introduced by the Registered Land Act (Cap 300) with the intention of extinguishing customary tenure and replacing it with rights that would be individually and exclusively held.

Leasehold TenureLeasehold involves the derivation of rights from a superior title for a period of time, certain or capable of being ascertained and the enjoyment of such rights in exchange for specific conditions including, but not limited to, the payment of rent. Leasehold tenure provides a flexible mechanism for transacting rights in land and for land use control. It is a private contractual right subject to the conditions imposed by the owner and grants exclusive rights to the leaseholder.

Customary Land TenureThis refers to unwritten land ownership practices by certain communities under customary law. Such tenure still exists in large parts of the country where land has not been adjudicated and registered. Its management falls within Trust Land Act, Cap 291.

3.16.3 Community/Trust Land

Community land refers to land lawfully held, managed and used by a specific community. It is a right of commons that exists within a community where each member has a right to use independently the holdings of the community. For example, members of a community may have the right to graze cattle on a common pasture.

This creates a powerful system of land allocation regimes and a tenure system designed to preserve the asset base for current and future generations. Communities traditionally see land and kinship in a genealogical map through which access to land is attained. Families and individuals are allocated rights to use the land in perpetuity, subject only to effective utilization. The ultimate ownership (radical title) vests in the community.

3.16.4 Other Interests

Reservations of other government or trust land to government ministries, departments or Parastatals for their use.

Non-formalised defacto tenure by which people, individually or in groups invade and occupy other peoples government land particularly in the major urban centres.

Minor interest such as easements, way-leaves and temporary occupation licences.

3.17 Valuation and related legal Issues

The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered Valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice.


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Other statutes that govern valuation are the Government Lands Act Cap 280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes.

3.18 Gaps between Government of Kenya Laws and WB Policies on Resettlement

Both the Kenyan Law and World Bank policies on land acquisition and resettlement have differences:The typical differences are:

(i) GoK Laws allow for compulsory/legal acquisition of land for government/public utilization and this leads to displacement, resettlement related disputes and lack of project support by the PAPs, while the WB safeguards policies favors avoidance or minimization of involuntary resettlement and advocate appropriate mitigation provisions in case avoidance and minimization is not possible.

(ii) GoK Laws have no provision for resettlement but allows compensation for land at market rates, while the WB OP 4.12 emphasizes compensation at replacement value and support during the transition period which results to improved or restored livelihoods prior to displacement and start of civil work. See Table 1 below for comparative analysis. Where there is a difference between Kenyan law and World Bank OP 4.12, the latter shall prevail.

Table 1: Comparative Analysis of WB OP 4.12 and GoK Requirements on Resettlement

Category of PAPs and Type of lost Assets

Kenyan law World Bank OP 4.12

All Stakeholders Resettlement planning instruments such as Resettlement Action Plan Study Reports are not prepared for all government projects although this concept is slowing being appreciated as being very useful.

Prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

All Stakeholders The traditional compulsory acquisition of land approach which is one sided and hence raided with conflicts, grievances and lack support from the project affected people and the stakeholders.

Negotiation approach which involves public and stakeholder consultation and participation resulting to proper resettlement and in return the project receives support from the project affected people and the stakeholders.

Land Owners Cash compensation based upon market value under the statute.

Recommends land-for-land compensation. Other compensation is at replacement cost

Land Tenants Entitled to compensation based on the amount of rights they hold upon land under relevant laws. Illegal tenants not entitled to compensation

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

Land Users In some cases land users have some form Entitled to compensation for


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Category of PAPs and Type of lost Assets

Kenyan law World Bank OP 4.12

of secured tenure extended to them under law regarding easement rights where if a person uses land for 7 consecutive years without a dispute entitles him to a right equivalent to ownership. In other cases land users not entitled to compensation for land, entitled to compensation for crops and any other economic assets.

improvements done on the land Entitled to replacement land and income must be restored before project is implemented

Owners of Temporary Buildings

Cash compensation based on market value or entitled to new housing on authorized land under government (state or local) housing programs.

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

Owners of Permanent buildings

Cash Compensation is based on market value.

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

Perennial Crops Cash compensation based upon rates calculated as an average net agricultural income.

As per the specifications of this RPF once approved by the Bank and disclosed at the Bank infoshop.

3.19 Mechanisms for addressing such gaps

The mechanisms for addressing such gaps are:(i) Since the World Bank polices have proved to work well in addressing resettlement

related issues thereby reducing conflicts in the project implementation process, the Kenya Government has appreciated these principles and is slowly applying them even for projects which it is financing on its own.

(ii) Many government agencies and project implementers are adopting a negotiation approach which involves public and stakeholder consultation and participation as opposed to the traditional compulsory acquisition approach which was one sided and hence raided with conflicts, grievances and lacked support from the project affected people and the stakeholders.

(iii) The compulsory application of similar polices in projects funded by other donors such as the African Development Bank and Japanese International Corporation Agency is leaving little room for non compliance by implementers of government projects

(iv) .Careful screening of all projects will be necessary to establish details of each case and determining if a Resettlement Action Plan Study is necessary for any project area under the JPIP

(v) Establish an Entitlement Matrix with the involvement of the community and publicize the PAPs Screening Report and the Entitlement Matrix.

(vi) Identify and provide assistance to the vulnerable individuals and groups and clearly targeting the physically challenged, women headed households and children headed households.

(vii)The screening exercise and the preparation of the Entitlement Matrix must be carried out transparently and equitably.

(viii) Each case should be treated on its own applying the common principles across the board and considering the applicable policy for a particular situation. Where the policies of GoK and the World Bank diverge or where there are gaps between the two, the World Bank OP 4.12 shall prevail.


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The more these gaps are addressed in the RPF, the less the need for discussion and settlement in each project area case. Since there will be several project areas, the RPF will be complete enough to handle any project area where resettlement may occur. For example, the cost of compensation for fruit trees can be calculated a number of different ways. Establishing the calculation method in the RPF, or the actual compensation for different kinds of trees at different stages of their maturity, is much better than having each project area make new decisions.


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4 PROJECT PREPARATION AND METHODOLOGY

4.1 Resettlement Policy Framework Preparation Process

The Terms of Reference for the preparation of the RPF were received on 14 May 2012 following a process of selecting consultants to provide technical inputs for implementation of the JPIP. The Terms of Reference explained that the JPIP has been under preparation since 2008 but its preparation was put on hold given the prevailing environment in the country and the Government’s commitment to judicial reforms. During its initial preparation, a Strategic Environmental and Social Management Framework (Volume II) and a Resettlement Policy Framework (Volume III) were prepared by Environmental Resources Management Inc., (ERM) of South Africa. Although these reports contain the necessary information for the preparation of an ESMF and RPF they do not adequately cover all the sections or the issues that a standard ESMF or RPF for a project level investment such as the JPIP should address and also do not provide a unified systematic guidance required for project implementation. The Judiciary requires review and update of the ESMF and RPF. The following is the step by step approach for the preparation process.

4.2 Schedule of Activities

The RPF study was carried out through various activities.


Review of the relevant Local Legislation governing the improvement/construction of court facilities.





4.3 Literature Review

The review on the existing baseline information and literature material was undertaken and helped in gaining a further and deeper understanding of the JPIP and its components.

4.3.1 Overview on Literature Review

Volume I of the ERM’s S-ESIA is on Assessment Report for the proposed JPIP and covered the following areas: The objective of the JPIP on the court infrastructure improvement planned for

implementation over a period of 6 years. Possible environmental and social impacts that will require to be mitigated during project

implementation.


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The Environmental and Social Policy and Legal Frameworks that will govern project implementation.

Baseline data collection on selected five priority sites earmarked for Phase 1 of the project implementation. The court infrastructure improvement activities include upgrading of existing facilities or construction of new courts

Findings on the field data collected from the five sites that were visited, stakeholder consultation and disclosure.

Volume II of the ERM’s S-ESIA is on Environmental and Social Management Framework (ESMF) for Court Development for the proposed JPIP covered the following areas: Purpose of the ESMF Identification of Court Development Priorities Site Selection Project Land Allocation Design Guidance Project EIA Licensing Procedure Construction Guidance Operational Guidance and Project Monitoring and Evaluation

Volume III of the ERM’s S-ESIA is on Resettlement Policy Framework (RPF) for Court Development for the proposed JPIP covered the following areas: JPIP Infrastructure Development Programme Roles and Responsibilities in the Infrastructure Development General Principles of Resettlement Legal and Regulatory Framework Assessment of Involuntary Resettlement Impacts Resettlement Process for Individual Courts and preparation of RAP Reports and Grievance Redress.

Other relevant literature/reports as listed under Chapter 17 of this report were also reviewed.

4.3.2 Initial Findings/Results on the Review

The review carried out on the above ERM Reports established that the study covered issues relating to Environmental & Social Impacts and Resettlement activities and also touched on Local Legislation and World Bank Safeguard Policies and prepared ESMF and RPF.

However, the reports did not adequately cover all the sections or the issues that a standard RPF require for a project level investment such as the JPIP should address and they also do not provide a unified systematic guidance required for project implementation.

The Consultant reviewed these reports and used the good baseline information already provided in these reports to prepare the RPF that provides a unified systematic guidance for project implementation. The RPF refers to all the Local Legislation and World Bank Safeguard Policies relevant to the upgrading and construction of Court Structures.


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4.4 Stakeholder Consultation

The team carried out field visits to Bomet Court in Bomet County, Tawa Court in Makueni County and Kajiado Court in Kajiado County for stakeholder consultations. Details of the site visits and discussions held are provided in Annex 10 of this RPF.

In Bomet Court discussions were held with the Resident Magistrate and Executive Officer. In Tawa Court discussions were held with the Assistant Executive Officer. In Kajiado Court, discussions were held with the Principal Magistrate and the Chief

Executive Officer.During project implementation detailed public consultation should be carried out with; Local Authority of the Project Area Ministry of Public Works District Environment Office Project Area Affected Persons

Stakeholders in the proposed Judicial Performance Improvement Project will vary from one location of the project facilities to another. Overall however, there are primary (those likely to be affected directly by the project) and secondary stakeholders (the people indirectly affected and those with an interest in the project. The stakeholder consultation process must keenly focus inter alia on people who face involuntary resettlement due to the implementation of the project. This is because as OP 4.12 states: “The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost1111 for losses of assets1212 attributable directly to the project.Stakeholder consultations will provide opportunities for the developer to engage with stakeholders in order to provide them with information on the project, its anticipated social impacts including possible involuntary resettlement and loss of livelihood sources. Additionally, the consultations will offer pathways for negotiations on compensation modes and processes. Therefore stakeholder consultation will take place during: Feasibility and preliminary design stage Projects design stage Resettlement and compensation planning stage Project implementation stage (especially to monitor geotechnical engineering processes) Compensation payments and resettlement activities stage Project decommissioning stage

4.4.1 Consultation with the Judiciary and World Bank

It is expected that this important task will provide the consultants with updated information on the preparatory and implementation process of JPIP especially the requirements of the World Bank and any specific input from other the consultants. Several coordination meeting have been held and more are planned in order to harmonise process and provide a balanced contribution to the preparation of JPIP. The Judiciary expects that the various consultants will work closely, identify common areas of the different assignments and avoid duplication.

11

12


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4.4.2 Field Site Survey

The RPF ToRs require that field survey of sampled sites be carried out to identify with the situation on the ground and familiarize with the issues expected during the project implementation phase. Bomet, Tawa and Kajiado Law courts were visited as one of the activities during the preparation of the RPF. Refer to Annex 10 for the Field Site Survey.

4.4.3 Preparation and submission of a Draft RPF

The preparation of the draft RPF followed the receipt of comments on the Inception Report, initial consultations with The Judiciary and the World Bank, detailed literature review and field site surveys.The Draft RPF will be presented to the stakeholders’ appraisal workshop and will be revised following their input.

4.4.4 Appraisal Workshop

This workshop will bring together key actors drawn from the Judiciary targeting institutions and individuals who will be impacted on by or who will benefit from the JPIP activities. This will include individuals who have a stake in the court development, representatives of sectors which will be engaging in the development activities and individuals who have technical expertise and resources.

4.4.5 Preparation and submission of a Final RPF

The final RPF will be prepared taking into account comments from the Judiciary and World Bank. It will consider and incorporate views and ideas gathered from the stakeholders’ appraisal workshop and specifically comments received from the participating local authorities, sector representatives and experts.

4.5 Results on Findings

As required in the Terms of Reference and outlined in the Inception Report, a review of available information relating to JPIP has been carried out. During the meeting with the Deputy Registrar, the World Bank, the Judiciary Staff and the other Consultants, timely and urgent presentation of the RPF document was emphasized. This was necessary because the JPIP is a World Bank funded project and the RPF being a safeguard document must be cleared by the World Bank and disclosed publicly in Kenya and at the World Bank Infoshop before project appraisal. The site visits revealed that the Judiciary has been allocated land and is in the process of getting full title of the land by processing the relevant document to get the official Title Deed document. There are no people who have settled or doing business on the land that has been allocated to the Judiciary hence there is not likely to be much resettlement activities arising from the JPIP activities.

5 POTENTIAL IMPACTS OF PROJECT


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This policy covers direct economic and social impacts that both result from Bank-assisted investment projects and are caused by:a. the involuntary taking of land resulting in

relocation or loss of shelter; lost of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons

must move to another location; orb. the involuntary restriction of access to legally designated parks and protected areas

resulting in adverse impacts on the livelihoods of the displaced persons.

This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement that in the judgment of the Bank are; directly and significantly related to the Bank-assisted project, necessary to achieve its objectives as set forth in the project documents; and carried out, or planned to be carried out, contemporaneously with the project.

5.1 Project Activities with Displacement Potential

The Resettlement Policy Framework will be used in cases of projects that have a potential for displacing persons (DPs) in the project areas or impacting their livelihoods. The RPF outline measures to avoid and minimize resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title.

5.2 Definition of PAPs

According to this RPF, project affected persons (PAPs) are considered to be those who stand to lose as a consequence of the project, all or part of their physical and non‐physical assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income‐earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation, using eminent domain or other regulatory measures, and include restricted or reduced access to legally designated fishing areas and protected areas such as gazetted forests.The policy framework applies to all economically and/or physically displaced persons regardless of the total number affected by the severity of impact and whether or not they have legal title to the land.

Particular attention will be paid to the needs of vulnerable groups among those economically and/or physically displaced especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities and other historically disadvantaged groups or other economically and/or physically displaced persons who may not be protected through Kenya’s land compensation legislation. The implementation of the proposed project areas may impact differently on people and activities depending on the location the existing developments in the project location, land tenure system pertaining in the area and the socio‐economic activities in the area. This may trigger Involuntary Resettlement which will affect the livelihoods of affected people in one way or another, thereby causing a displacement of PAPs.


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5.3 Types of Displacements

Displacement will occur as a result of one of the following situations when a project is being implemented:a. Illegally occupied land and space designated for other development, for example public

utility services occupying way‐leaves, road reserves, public land for community services or public parks.

b. New development planned on land designated for other purpose. A good example is the siting of a sewer treatment works on a landfill farm land or public space.

c. Expansion of existing services and or redevelopment of existing settlements.– roads, airports and urban renewal.

d. Squatter upgrading and new housing projects.

Affected people, according to the World Bank policy, refer to people who are directly affected socially and economically by investment projects. The following is a description of the types of displacements that should be considered during the project design and implementation of JPIP project areas.

5.3.1 Involuntary Resettlement

Involuntary resettlement is the process that results from the acquisition of land for purposes of using the same for public activities without the agreement and choice of the affected persons as individuals or groups. Involuntary displacement results into: ‐ Landlessness: when people lose their land or the place they have occupied for a period

of time, they become disoriented in their pursuit for sustainable livelihoods. Many become poor or suffer from sudden illnesses related to the resettlement shock or inability to accept change or due to change of climate if resettled far from their original locality;

Homelessness: The home is related to the place the people reside. If they lose the land they lose the structures that provide shelter for the home. Loss of shelter/housing will have consequences on family cohesion and on social networks;

Joblessness: Most of the Project Affected Persons may be informally employed and depend on the local networks of selling and buying. When this is disrupted due to displacements, they are rendered jobless and suffer loss of income and cumulatively impoverished. Creating new jobs for them is difficult and requires substantial investments, new creative approaches, and reliance on sharing project benefits;

Marginalisation: This occurs when displaced families lose economic power and slide down towards lesser socio‐economic positions in the society. Economic marginalization tends to be accompanied by social and psychological marginalization;

Increased vulnerability: Affected individuals and households suffer increased morbidity and mortality due to decrease in health levels, increased stress and psychological traumas;

Food insecurity: Destruction of crops diminishes self‐sufficiency, dismantles local arrangements for food supply, and thus increases the risk of chronic food insecurity. This is defined as calorie‐protein intake levels below the minimum necessary for normal growth and work.

Educational loss: Involuntary displacement disrupts all public services at the departure sites, with heavy effects particularly on school programmes. Interruption of school attendance causes prolonged loss of access to education; some children do not return to school at all and are prematurely sent by their families to join the labour force.

Loss of access to common property: Poor farmers, particularly those without assets, suffer loss of access to the common property goods belonging to communities that are relocated (e.g., loss of access to forests, water bodies, grazing lands, fishing areas, cemetery lands, etc.). This represents a form of income loss and livelihood deterioration that is typically overlooked by planners and therefore uncompensated.


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Social displacement: The dismantling of community structures and social organizations, the dispersion of informal and formal networks, local associations is a massive loss of social capital which undermines the livelihoods of the society in general.

The effect of the above types of involuntary displacement leads to the conclusion that Involuntary Resettlement arising out of displacement should be avoided. If displacement is unavoidable, adequate mitigation is necessary to ensure that livelihoods are restored to pre‐project levels or better. This therefore calls for careful planning of projects taking into account the interests of the community as a whole.

5.3.2 Socio-economic displacement

When individuals, household and groups of people are displaced, they lose more than the physical location and structures. They lose their social networks and social capital which in several cases has been developed over long periods. They lose their economic networks – their selling and buying, outlets and source of income. These impacts if not understood and mitigated appropriately result into impoverishment of the community and lead to lack of actualization of the benefits of the project. JPIP activities will require careful planning and management to avoid socio‐economic displacements.

5.3.3 Physical displacement

Any civil works for the proposed project areas will require careful and informed planning to avoid and/or minimize physical displacements. If people must move to another location so as to give room for implementation of JPIP activities, the affected persons should be offered reasonable and acceptable choices and assisted accordingly through resettlement planning and compensation to replace housing facilities and businesses to pre‐project levels or better.

5.4 Categories of PAPs

The likely displaced persons (economically or physically) herein referred to as Project Affected Persons (PAPs) can be categorized into three groups namely: ‐a) Affected IndividualsAn affected individual is an individual who suffers loss of assets or investments, land and property and/or access to natural and/or economic resources as a result of the sub‐project activities and to whom compensation is due. For example, an affected individual is a person who farms a land, or who has built a structure on land that is now required by a sub project for purposes other than farming or residence.b) Affected HouseholdsA household is affected if one or more of its members are affected by sub‐project activities, either by loss of property, land, loss of access, or otherwise affected in any way by project activities. This provides for: Any member in the households, men, women, children, dependent relatives and friends,

tenants; Vulnerable individuals who may be too old or ill to farm along with the others; Members of households who cannot reside together because of cultural rules, but who

depend on one another for their daily existence; Members of households who may not eat together but provide housekeeping or other

activities critical to the family’s maintenance; and Other vulnerable people who cannot participate, due to being physically challenged or for

cultural reasons, in production, consumption, or co‐residence.In the local cultures, members of production, consumption, and co‐resident groups form overlapping, often incongruent sets of people who may exchange domestic or farming services on a regular basis even though living separately.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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It is worth noting that compensation will not be limited to people who live together in a co‐resident group, since this might leave out people whose labour contributions are critical to the functioning of the “household”. For example, among polygamous groups, each wife has her own home.

c) Vulnerable HouseholdsVulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them. Vulnerable households include: ‐ Orphans: Due to the impacts of the AIDS crisis and the past conflicts, there are a

considerable number of orphaned children, who have lost at least one parent. These children today fall into three categories of care namelyo those being looked after by close relatives,o those being looked after by the government, local authorities or NGOs ando those living alone and providing for themselves and other siblings.

These children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard. Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as manual work at open air markets, transporting loads for short distances, and other exploitative employment. Compensation for these orphans, if they are affected by the projects in a way which requires their physical relocation, would take the form of paying for their rehabilitation and training to acquire useful vocational skills. Unmarried women: These are women who may be dependent on sons, brothers, or

others for support. Since an affected individual is able to name the person with whom he/she is linked in dependency as part of the household, resettlement will not sever this link.

HIV/AIDS afflicted persons: This is a high percentage of persons who are living with HIV or are terminally ill with AIDs. They will require special attention depending on their history and the community structures within the area where they live. Many are beneficiaries of numerous health programmes from the government, international organizations and the NGO community.

Widow & Female headed households: These are women who have lost their husbands who may depend on sons, brothers, or others for support. However, in other cases, women are the main breadwinners in their families and therefore need relatively easy access to health service facilities as mothers and wives. These women should not be resettled in a way that separates them from their households as the very survival of their households may depend on them. Their compensation must take into account all these factors.

Small‐scale female farmers: Small‐scale female farmers are also vulnerable because they may not have men available within the household to carry out male specific land tasks. Either male relatives in other households help them voluntarily, or they hire men for cash, or food. Land compensation specifically includes the labour costs of preparing new land, so these women are provided for by the compensation plan.

Elderly persons: The economic viability of the elderly group depends on their capability to perform such functions as farming, grazing, or reliance on other household members to cater for their needs (food and shelter). Resettlement of this group of people would damage their economic viability even more than losing land since it will separate them from the person or household on whom they depend for their support.

Each of the above group of affected people is very vulnerable and requires special considerations during resettlement at project specific sites. This will include but not limited to the following:a) Identifying their needs from the socio‐economic and baseline studies undertaken as part

of the RAP process;The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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b) The groups should be individually consulted and given opportunities to participate in the resettlement decision‐making process, as well as project activities;

c) Consultation with these groups should ensure that resulting resettlement and compensation restores and or improves their pre‐project livelihood;

d) The RAPs should be designed to ensure special attention is paid to the monitoring of the resettlement process in order to ensure that pre‐project livelihoods are indeed restored and/ or improved upon

e) PAPs should be given sufficient technical and financial assistance to make use of the grievance mechanisms of the project where required;

f) Decisions concerning them should be made in the shortest possible time to avoid disruption of their lives.

The list above may not be exhaustive as it might not cover all types of affected persons. These household types are also not mutually exclusive, so that the elderly may be internally displaced persons, and women are affected individuals. It is therefore important for the JPIP activities to have well prepared and comprehensive resettlement action plans that would be specific and comprehensive enough to benefit all the categories of affected persons.

5.5 Approximate Number of PAPs

The number of PAPs of JPIP is difficult to determine at this phase of the project because the court construction sites and courts to be rehabillitated have not been determined in terms of location, nature, scope and magnitude. Therefore, the purpose of this RPF is to establish the mechanisms by which the appropriate tools, screening checklists and RAPs will be implemented to mitigate potential resettlement impacts once these sites have been identified.

A Resettlement Action Plan (RAP) for each individual sub‐project will be required to establish the actual number of PAPs before project implementation.

5.6 Potential Relocation areas

Since the court construction sites or court to be rehabilitated with JPIP financing have not been identified at this stage, the location for resettlement where necessary will be identified through a consultative process involving relevant authorities and the PAPs during the RAP process. In the event of potential resettlement is determined in a court construction site or court to be rehabilitated, the requisite RAPs will be prepared. These will require World Bank approval and will be disclosed in country and the World Bank’s Infoshop.

6 PRINCIPLES & OBJECTIVES GOVERNING PREPARATION AND IMPLEMENTATION OF RAP


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6.1 Overview

The World Bank Operational Policy on Involuntary Resettlement OP 4.12 is triggered even where physical displacement does not take place. It is triggered when project activity may cause land acquisition, whereby a physical piece of land is needed. If land is acquired, people may be affected because they are cultivating on it, they may have buildings on the land, they may be using the land for watering and grazing of animals or they may otherwise access the land economically, spiritually or any other way which may not be possible during and after the project is implemented. Therefore, an affected person in most cases have to be compensated for this loss of land and property or restricted or no access to this land and property. The Compensations can be either in kind or in cash.

The activities of the JPIP are not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. The impacts of displacements arising from the implementation of JPIP activities are minimal.

6.2 Objectives and Guiding Principles

6.2.1 Objectives

The RPF highlights the Bank’s overall objectives when dealing with involuntary resettlement which 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 affected by the project to share in project benefits. Affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

Affected 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

6.2.2 Guiding Principles

The following guiding principles based on the World Bank OP 4.12 Involuntary Resettlement will have to be used by the project implementers to steer the RAP process.

It is therefore important that the Principal implementing agent, The Judiciary binds itself to the following guiding principles and forms a mechanism for prompt legal redress to any issues arising from the implementation of the JPIP.

Principle 1: Resettlement must be avoided or brought to a minimum where it is not possible to eliminate. The project design should takes into consideration existing settlements and avoids populated areas to minimize displacement of persons during project implementation.Principle 2: Affected population must be exhaustively consulted and their views regarding the project are factored during project implementation. A detailed Environmental and Social Impact Assessment should be undertaken where all stakeholders (affected population and The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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those within vicinity of the project area) are consulted through verbal interviews, administration of questionnaires. Public Consultation Meetings should be held at various strategic locations in the project area and the participants encouraged to participate and exhaustively air their views and ask questions. Principle 3: Pre-resettlement baseline data must be established. This should be done by carrying out household census and inventory of property belonging to affected persons. This data is useful in determining the compensation package for the project affected persons.Principle 4: Affected persons must be assisted in the relocation. The Judiciary should undertake to adequately compensate project affected persons and ensure that the displaced persons relocate appropriately.Principle 5: The resettlement and relocation compensation should be fair and adequate. Compensation packages will be determined from the baseline information collected and prevailing market rates will be used to determine values of lost assets and disturbance. The Judiciary undertakes to carry out a detailed RAP and this RPF has provided for a grievance redress mechanism.Principle 6: Resettlement must be executed as a development that benefits the Project Affected Persons (PAP). All the project affected persons will be consulted through various forums including interviews and public consultation meetings where they will freely air their views. They will be given first priority for any job opportunities arising from the project.Principle 7: Vulnerable Groups must be identified and given an opportunity to participate in the process. These are persons that will be in a disadvantaged position. The Judiciary will ensure that the vulnerable groups are compensated for loss of property and livelihood and resettled speedily and any grievances that they may bring up be addressed in a similar manner as those of the privileged and elite groups.Principle 8: Resettlement is an upfront project cost and the Judiciary should ensure that compensation cost is handled as an upfront cost. Valuation of affected assets should be determined and the Judiciary should have it included in the overall project cost. Principle 9: An Independent Monitoring and Grievance Procedure must be in place. Whereas the Judiciary will have its internal monitoring procedure put in place, the local administration will organize and implement an independent procedure of monitoring procedure for receiving any concerns or grievances during project implementation. This will be important to ensure that pending issues or emerging issues arising from the project implementation are attended to in a timely fashion.

6.3 Minimization of Displacement

The activities of the JPIP are not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. The impacts of displacements arising from the implementation of JPIP activities are minimal. Minimization of displacement will be observed for all the JPIP project areas in line with the World Bank safeguard policy OP 4.12, through the following design procedures:

Wherever inhabited dwellings may potentially be affected by a component of a project, the project area shall be redesigned to avoid any impact on such dwellings and to avoid displacement/relocation accordingly;

Wherever the impact on the land holding of one particular household is such that this household livelihood may not be sustained in the long term, even if there is no need to physically displace this household, the sub‐project shall be redesigned to avoid any such impact;


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Costs associated with displacement and resettlement will be internalized into project area costs to allow for fair comparison of processes and sites; and to the extent possible project area facilities will be located on public spaces.

These principles are intended to minimize negative impacts related to involuntary displacement of PAPs. However, it is a fact that it will not always be feasible to avoid displacement or land acquisition. Therefore in addition to minimization of displacement, mitigation measures are needed to be identified at the RAP stages, hence this RPF is to guide in this process.

6.4 Fair and Adequate Compensation

One of the key principles of World Bank safeguards is that where people are affected by a project undertaking, the aim of compensation or resettlement must be that they should be “no worse‐off if not better off” after the compensation or resettlement has taken place. The compensation package will include loss of income or livelihood restoration assistance or relocation assistance as appropriate plus a disturbance allowance.

6.5 Compensation Payment

The guiding principles for Compensation will be:

Compensation shall be paid prior to displacement / land entry; Compensation will be at full replacement value; By contrast with the depreciated or net value of a structure, the “replacement value” shall

include the full cost of materials and labour required to reconstruct a building of similar surface and standing. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building.

6.6 Access to Training, Employment, and Credit

Normally, general economic growth cannot be relied upon to protect the welfare of the project affected population. Thus, alternative employment strategies are needed for non‐agricultural displaced farmers. Where feasible, the PAPs displaced should be offered vocational training, employment, counseling, transportation, and employment in the main investment project to offer them new economic activities. In addition, during the resettlement activities, establishment of industries, incentives for firms to locate in the area, credit extension for small businesses, and preference in public sector employment should all be considered in the areas where applicable to benefit the displaced persons.

To address the impacts under this policy, Resettlement Action Plans (RAPs) must include measures to ensure that the affected and/or displaced persons are:a) Informed about their options and rights pertaining to resettlementb) Consulted on, offered choices among, and provided with technically and economically

feasible resettlement alternatives.c) Provided with prompt and effective compensation at full replacement cost for losses of

assets and access attributable to the project.6.7 Assistance to Vulnerable Persons

Assistance to vulnerable persons may include but not limited to the following:


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Identification of vulnerable people and identification of the cause and impacts of their vulnerability either through direct interviews by the Project Staff or through the community leaders. This step is critical because often vulnerable people do not participate in community meetings and their disability/vulnerability may remain unknown and hence the need for special identification of required assistance at the various stages of the RAP process

Negotiation and compensation payment as well as moving from the project impacted area; Implementation of the measures necessary to assist the vulnerable person; and Monitoring and continuation of assistance after resettlement and/or compensation, if

required.

Assistance may take the following forms, depending upon vulnerable persons’ requests and needs: Assistance in the compensation payment procedure (e.g., going to the bank with the

person to cash the compensation cheque); Assistance in the post payment period to secure the compensation money and reduce

risks of misuse/robbery; Assistance in moving from project impacted area in the form of providing vehicle, driver

and assistance at the moving stage; Assistance in building new structures by providing materials, workforce, or building new

houses entirely; and Health care if required at critical periods during the transition period and the stage of

moving from the project impacted area.

6.8 Screening of Projects for Displacement Impacts

Each of the JPIP project area activities will be screened for land acquisition and displacement impacts. Screening should take place at feasibility study stage with a view to identifying land to be acquired for the project area and for resettlement purposes. Records should be accurate and as detailed as possible.A format of recording and categorizing the affected persons, groups and the community as a whole will be agreed and detailed in the RAPs. In the case of physical works, up to‐date maps and record will be used. Electronic record will be needed for ease of retrieving and using the record.Information to be recorded will include demographic, socio‐economic characteristics, assets ownership, indebtedness, type of structure, size, ownership and available facilities and in case of shops or business – details related to business, number of employees, turnover and related business information. In some isolated cases, the displaced persons and activities should be categorised to assist in the assessment of compensation. Information obtained through the screening exercise will be used in the preparation of the Resettlement Action Plans (RAPs).

7 PROCESS FOR SCREENING, PREPARATION AND REVIEW OF RAP


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7.1 Preparation of Project Area RAP

This section sets out the step by step process that the Judiciary will take to determine whether a project will result in physical or economic displacements and therefore whether a Resettlement Action Plan (RAP) is required and if so, how to prepare and implement one. The screening process presented below will ensure that the JPIP project areas comply with the requirements of OP 4.12, OP 4.10 and the Kenyan law relating to land acquisition/use and resettlement.

7.2 Screening for Involuntary Resettlement

Project area screening is used to identify the types and nature of potential impacts related to the activities proposed under the JPIP and to provide adequate measures to address the impacts. Screening for resettlement issues shall be part of the environmental and social screening as is detailed in the ESMF. Measures to address resettlement shall ensure that PAPs are: Informed about their options and rights pertaining to resettlement; Included in the consultation process and given the opportunity to participate in the

selection of technically and economically feasible alternatives; Advised on the proposed dates for displacement or land repossession. Provided prompt and effective compensation at full replacement value for losses of

assets and access to assets attributable to the project area(s). Provided with proposed measures and costs to maintain or improve their living

standards. Given information pertaining to the grievance procedure

7.3 Project Screening

Project screening process is a very important component of several activities that contribute to the preparation of the Resettlement Action Plans (RAPs). Preparation and submission of the Resettlement Action Plan to the relevant local government authorities and World Bank comprises the following steps:1. Evaluation of the JPIP activities. This is the preliminary evaluation of the project activities

based on the JPIP objectives.2. Consultation – The Judiciary will approach the communities impacted through the local

government authorities with the view to arriving at a consensus on possible sites for the type of facility to be adopted.

3. Evaluation by Local Authorities ‐ The Local Communities/authorities (District Development Committees) will undertake their inter‐communal consultations in order to review the sitting of the court

4. Screening – An environmental and social screening process will be conducted in conformity with the provisions of the ESMF and the RPF screening process. The process will determine: Whether any resettlement will be required at the chosen site and if so whether

alternative sites are available, Whether any loss of land, assets or access to economic resources will occur or; Whether any of the World Bank operational policies will be triggered.

5. Site Selection ‐ On the basis of analysis of the matrix emanating from the two screening processes a final selection of the optimum site presenting the least negative environmental and social impacts including resettlement /loss of assets can be made.


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6. RAP Preparation ‐ Where resettlement or loss of assets cannot be avoided, the provisions of the World Bank’s OP 4.12 will be applied and a RAP prepared for each project area activity.

Project area screening will be incorporated into the project area application form which the District Development Officer must submit as part of their local development plan. The goal is to identify and consider resettlement issues as early as possible. On the basis of the screening the DDO will propose which of the following option should be put in place:-

An option assessment of alternative project designs in view to avoid and/or reduce displacement risks;

The elaboration of a resettlement policy framework where project areas may lead to a restriction of the access of populations to gazetted and/or protected forests; and

The elaboration of a resettlement action plan to address all other resettlement risks.

For projects not anticipated to result in displacement, and where loss of assets are anticipated to be negligible, then this information shall also be indicated in the project area application form along with a request to waive the requirement for a RAP.

7.3.1 Screening Checklist

The screening checklist form will be incorporated into the Project’s Implementation Manual.The screening checklist will be completed by a District Project Coordination Team and submitted to the Resettlement Committee for decision.

7.3.2 Review of Screening Review Checklist

The screening checklist form will then need to be reviewed by the DEO and DSDO and cleared by the Resettlement Committee. The Resettlement Committee will advise whether an additional option assessment should be carried out in view to avoid or reduce the physical or economic displacement or whether the argument of the project area proposal is providing sufficient evidence for the decision proposed.

7.3.3 Court Design

If the screening indicates that a project area requires in its present layout the physical or economic resettlement, the JPIP, which might want to finance this project area activity, will advice the relevant structures to consider feasible alternative project area activity designs to avoid or at least minimize physical or economic displacement, while balancing environmental, social and financial costs and benefits.

The outcome of the consultative process for each sub‐project would then be sent to the respective local government council in the jurisdiction mandated to confirm, approve or disapprove, refer for further consultation and/or take a final decision on each proposed site/sub‐project. Carrying out the screening process in this way is designed to give it the integrity and transparency it needs to allow all stakeholders to have confidence in the process.Once sub‐projects have been approved using this consultative process, the chosen locations will be the subject of a study and the preparation of a document as follows: A socio‐economic study (this study will include determination of impacts) Preparation of individual Resettlement Action Plans (RAPs).The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Project area screening and RAP processes will include technical assistance from World Bank to ensure proper implementation.

7.4 Baseline, Socio-economic Data and Census

To determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for any compensation benefits, the RAP team shall conduct the appropriate and accurate baseline socio‐economic data and census to identify the persons who will be affected by the individual court. The census shall capture parameters such as Household size; Income levels; Education levels; Housing conditions; Access to basic services; Assets ownership (legal status and caveats that may exist) ; And any other parameter to help in providing sufficient information for the benefit of the

activity and the household.

The means of sustaining livelihood for the affected households will also be captured as this will be used to analyze options for providing resettlement assistance.

The PAPs may be classified into three groups: Those who have formal legal rights to the land they occupy; Those who do not have formal legal rights to land, but have a claim to land that is

recognized or recognizable under the national, local, or traditional laws including those measures put in place by the Land Policy; or

Those who have no recognizable legal right or claim to the land they occupy.

In summary, the census consolidates information that: Provides initial information on the scale of impacts; Gives an indication of further socioeconomic research needed to quantify losses to be

compensated and, if required, to design appropriate development interventions; and Establish indicators that can/be measured at a later date during monitoring and

evaluation.

The socio‐economic survey will be consultative involving the community and the affected individuals. It will employ known and tested tools of socio –economic survey including: Household Surveys, Group Discussions, Focused Group Discussions and Key Informant Interviews. An illustrative example of a Household Questionnaire and Census Survey Form is provided in Annex.3 and 4

7.5 Public Consultation and Participation

Projects involving the community owe their success to community participation and involvement from the planning stage to implementation. Hence public consultations through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the JPIP activities.During screening there must be adequate consultation and involvement of the local communities and the affected persons. Specifically, the affected persons must be informed about the intentions to use the earmarked sites for the JPIP activities, facilities and structures. The affected persons must be made aware of:-The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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their options and rights pertaining to resettlement and compensation; specific technically and economically feasible options and alternatives for resettlement

sites; process of and proposed dates for resettlement and compensation; effective compensation rates at full replacement cost for loss of assets and services; proposed measures and costs to maintain or improve their living standards.

The aim of public consultations at the screening stage will be to: disseminate concepts for proposed project activities with a view to provoking project

interest amongst the communities; promote sense of ownership for the project and resettlement activities; invite contributions and participation on the selection of project sites; determine communities’ willingness to contribute in kind towards the implementation of

the project; and determine community willingness to contribute towards long term maintenance of the

project facilities.

During public consultation, there is the need to negotiate compensation and resolve conflicts. Grievance redress is very important to the success of implementation of Resettlement Action Plans. A sample register for participants in the Public Consultation Meeting and Agenda of the Meeting are given in Annex 6 and Annex 7 of this RPF respectively.

7.6 Preparation of Project Area RAP

Upon determination of the full extent of the scope of the works and potentially affected land and space and displacements which cannot be avoided, the situation of the PAPs (individuals and household/groups) will be documented on Questionnaire and Form in Annexes 3 and 4 and a Resettlement Action Plan shall be prepared. The RAP will be specific to each project and site and will be prepared once the project sites have been agreed and early enough in the design stage to ensure that compensation is effected long before project start up.A RAP study report shall be prepared by the JPIP Technical Committee (JPTC) preferably with the support of technical service consultants for project areas that have been determined to result in potential involuntary resettlement and/or land acquisition. When a RAP study report is prepared, the JPIP Technical Committee (JPTC) shall submit completed studies along with their RAP's project area application to the Judiciary Transformation Steering Committee for appraisal and subsequently to the World Bank.The Resettlement Action Plans shall also be disclosed and forwarded for screening and approval by the National Environment Management Authority (NEMA).

The basic outline of a RAP is provided below;

List of Acronyms; Executive Summary Introduction Scope of Compensation and Resettlement Measures of Minimizing Resettlement, Ease Losses and Displacement Census and Socio-Economic Surveys of the PAPs Legal Framework Resettlement Policy And Entitlement


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Resettlement Sites Income Restoration Program Institutional Arrangement Implementation Schedule Participation and Consultation Grievances and Appeals Monitoring and Supervision Affected Property Cost and Budget Estimates Conclusions and Recommendations Reference

7.7 Review and Approval of Project Area RAP

After clearance from the Resettlement Committee, the compensation, resettlement and rehabilitation activities of the RAP overseen by the DPCT, will be satisfactorily completed and verified by the communities before funds can be disbursed for civil works under the project area. The RAPs developed for project areas will also be reviewed by the JPIP and the World Bank. For quality assurance, it is required that RAPs prepared for project areas be submitted to the World Bank for review to ensure that they are produced in line with the OP 4.12.

Preparation of a RAPA RAP shall be prepared by the JPIP implementing Agencies through their Technical Consultants in consultation with the local authorities and traditional and community leaders for project areas that have been determined to result in potential involuntary resettlement and/or land acquisition and project affected people.

The resettlement and compensation plans would then be forwarded for screening and approval to the National Environment Management Authority (NEMA) in compliance with the national and project institutional and administrative requirements.

All sites that trigger OP4.12, their resettlement and compensation plans would be subject to the final approval of the World Bank to ensure compliance with Bank safeguards. Consequently this will ensure that the individual resettlement and compensation plans are consistent with this RPF before land is actually acquired or access to resources is lost, denied or restricted.

Upon completion of the JPIP project area design drawings and information on the site location and land use requirements are available, for cases where resettlement and compensation issues arise, the consultative and participatory process with local communities must begin by sensitizing the respective local administration and traditional leaders about the tentative land needs of the Courts expansion exercise. The respective local leaders, consistent with their local practices, will meet with all the respective leaders of the area/homesteads/villages involved. It is at this first meeting of the local community leaders and administration and homesteads/villages that the cut – off date is to be decided for each affected land/area and communicated to all the homesteads/villages in the potentially affected areas.

Once the cut-off dates are decided for the project areas the socio-economic study and census, consistent with the requirements detailed above in this section of the RPF will


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commence. The preparation of a RAP process will continue and submission for approval to NEMA and the World Bank, etc. will be undertaken.

World Bank ApprovalFor the World Bank to approve funding for any project area that needs acquisition of land to support proposed investments, JPIP must first secure legal title to the land that is acquired, consistent with the provisions of this RPF and Kenyan law. The World Bank also will only approve funding for the investment activities once it is satisfied that the provisions of this RPF are met in cases where OP 4.12 apply, i.e. that affected persons, if any, on its land are treated consistent with this RPF.

In cases where the land is acquired and there are no resettlement and compensation issues the JPIP would have to also seek the confirmation of the World Bank that provisions of OP 4.12 do not apply before funding will be approved and must secure the site and also choose a cut-off date for that site so that opportunistic invasions can be avoided.

8 NOTIFICATION MECHANISM AND PUBLIC PARTICIPATION


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8.1 Notification Procedure

Should any of the JPIP project areas require land acquisition and thereby displacement and resettlement, the Judiciary shall publicly announce in the printed and electronic media, notifying the public of its intention to acquire land earmarked for the court building. The printed and electronic media should be one that has a wide circulation and coverage within the project area and is readily available to the PAPs

The notice shall state: the government’s proposal to acquire the land the public purpose for which the land is needed that the proposal or plan may be inspected at the Project Implementation Team or the

offices of the District Administrator in the respective districts, during working hours that any person affected may by written notice, object to the transaction giving reasons

for doing so, to the Project Implementation Team with copies to District Administration and the Local Village Chief’s Headquarters within 14 days of the first public announcement or appearance of the notice. Assurances must be made that affected persons have actually received this information and notification.

8.2 Mechanism for Consultation

Having full participation of local authorities, relevant agencies and DPs in the Project will make it run smoothly. Information dissemination to PAP and involved agencies is an important part of project preparation and implementation. Consultation with DPs and ensuring their active participation will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, and thereby maximizing the economic and social benefits of investments. The objectives of the public information and consultation program are as follows: To ensure that local authorities as well as representatives of DPs, will be included in the

planning and decision-making processes. The PCU and PMU will work closely with the Provincial People’s Committee and the District People’s Committee during project implementation. DPs involvement in implementation will be continued thereafter by requesting each district to invite DPs’ representatives to be a member of the PRC and the DRC and take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring);

To fully share information about the proposed project components and activities with the DPs;

To obtain information about the needs and priorities of the DPs as well as receiving information about their reactions to proposed policies and activities;

To ensure that DPs are able to make fully informed decisions that will directly affect their incomes and living standards and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them;

To obtain the cooperation and participation of the DPs and communities in activities necessary for resettlement planning and implementation;

To ensure transparency in all activities related to land acquisition, resettlement, and rehabilitation;


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8.3 Consultation during Project’s Preparation

Local authorities, relevant organizations, PAPs and community will participate in all different stages from planning to implementation of the RAP. The methods of project information and public consultation may include participatory rapid appraisals and stakeholder’s consultation, site and household visits, public meetings, group and focus group discussions and the household socio-economic survey.

At the early stage of the project preparation, local authorities and leaders of different administrative levels in each of the Project towns will be informed about the project proposal, its objectives and proposed activities. They will be intensively consulted and actively participate in discussions on their development needs and priorities and about their perception of the project objectives. PAPs will be consulted on project potential impacts and possible measures to reduce potential negative impacts and improve benefits for local people.

The local authority will be consulted on their agreement and commitments to follow the project resettlement policy described in the RPF, reflecting both the Government and WB resettlement objectives and principles.

After the project is approved, mass media, including both central and local TV programs and newspapers will introduce the proposed project to the broad public, including its objectives, components and on-going activities.

8.4 Data Collection Phase

After familiarizing themselves with the project area through reading and consultations with the Judiciary, the consultants will design appropriate questionnaires intended for data collection at project location levels. The levels will vary from households to community groups. The consultant will design questionnaires for data collection from various households, organizations and institutions such as women groups, primary and/or secondary schools, health centres and agricultural cooperative unions or individual farm units, depending on the nature of information source.

All the actors will constitute the main taskforce in the data collecting phase and PAPs will be consulted to participate in the process by providing socio-economic information about their livelihoods. This could be done through use of forms, questionnaires and interviews. Persons or groups of persons at the project sites, location, village levels, or household levels to be interviewed will also be identified and selected through stratified random sampling. Those to be interviewed will include those directly affected by physical works and a scientifically accepted number of respondent households for each project area location.

The PAPs will be consulted through meetings to share information about the project, discuss social impacts of project operations and the mitigation measures suggested. The contribution of the PAPs will be integrated into the project implementation process from planning to evaluation. Furthermore, data about socio-impacts of the project areas and the mitigation measures suggested will be provided to the media. This data will serve as instruments for the monitoring of the social mitigation measures.


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8.5 Consultation Proposed During Implementation

During implementation, the PAPs will be informed about their rights and options, at which point they will air their views. Cash compensation amount and size of land offered for compensation will be presented to each eligible PAP for consideration and endorsement before cash payment or land compensation can be effected. A committee of peers will be set up for grievance redress.

PMUs, assisted by the project consultants, will undertake the following: Provide information to resettlement committees at all levels through training workshops; Provide detailed information on project policies and implementation procedures; Conduct information dissemination to and consultation with DPs throughout the life of the

project; Update the provincial unit prices, and confirm land acquisition and impact in properties

through a Detailed Measurement Survey (DMS) in consultation with PAPs.

The DRC will then apply prices, calculate compensation entitlements and complete the Compensation Forms for each affected household and individual. Information on entitlements will then be presented on an individual basis to the PAPs in the DMS follow-up visit to each household.

The Compensation Form showing the household’s affected assets and compensation entitlements, will need to be signed by the DPs to indicate their agreement with the assessment. Any complaints that the DPs will have about the contents of the form will be recorded at this time.

Consultation will be done regarding the DPs preferred option for rehabilitation assistance. This applies to severely affected and vulnerable DPs. The resettlement committee will inform PAPs of options and entitlement and any rehabilitation assistance before asking them to indicate preferences for such rehabilitation assistance.

8.6 Public Consultation Meetings (Barazas)

Prior to the beginning of the detailed design, public meetings will be held in each community where a court building is to be located so as to provide DPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected community. There were no potential resettlement issues in the proposed sites and so none were raised during the discussions. However the team noted that with regard to one potential site, in Kajiado, a Child Welfare Agency had encroached on the land occupied by the court. The judiciary has advised that cases like this will be resolved by the various government agents, based on the guidance in this RPF, and there is already sufficient government-owned land for the construction of the court. In general, no involuntary resettlement is foreseen in any potential sub-project area, but there may be some cases where there is encroachment on land owned by the courts. Relevant information will be given to the PAPs at the meetings (verbally, graphically, and/or on printed information sheets). The meetings are proposed to have the following format: Explanations given verbally and in visual format, including written information and

drawings of the proposed design for the different components of the Project. Adequate opportunities will be provided for PAPs to respond with questions and

comments. PAPs will be encouraged to contribute their ideas for DPs rehabilitation options.

The DRC will establish a complete list of all PAPs present at the meetings.


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The DRC will make a complete record of all questions, comments, opinions and decisions that arise during the information/consultation meetings, and present a report (minutes) of all the meetings to the relevant PMU.

Content of public meetings will include: Project component information, project impacts, compensation entitlements and rehabilitation of PAPs and Grievance Redress Mechanism.

8.7 Compensation and Rehabilitation

A letter of notification will be sent to each PAP indicating the time, location, and procedure for receiving compensation payment. Severely affected and vulnerable PAPs will be personally contacted to confirm their preferences for rehabilitation assistance.

8.8 Public Disclosure Procedure

The resettlement instruments will be disclosed in compliance with relevant Kenyan regulations and the World Bank Involuntary Resettlement Policy OP 4.12.In addition to disclosure to affected people and communities, this Resettlement Policy Framework and the RAPs will be available at the PCU, PMU and Project District Headquarters.

8.9 Monitoring and Evaluation Phase

The PAPs representatives will participate in the project completion workshops, to give their evaluation of the impacts of the project. They will also suggest corrective measures which may be used to improve implementation of other project areas. After completion of all expropriation/compensation operations, the PAPs will be consulted in a household survey to be undertaken as a monitoring and evaluation exercise

9 ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PEOPLE


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Upon identification of the need for involuntary resettlement so as to pave way for the construction of the court facilities, the JPIP Technical Committee will contract a consultant(s) to carry out a census to identify the persons who will be affected by the project, to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The Judiciary will also develop a procedure satisfactory to the World Bank for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with project affected persons, local authorities and nongovernmental organizations (NGOs) and it specifies grievance redress mechanisms.

9.1 Principles

The involuntary taking of land results in relocation or loss of shelter; and loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the PAPs must move to another location or not. Meaningful consultations with the affected persons, local authorities and community leaders will therefore allow for establishment of criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance.

OP 4.12 suggests the following three criteria for compensation eligibility: ‐a. Those that have formal rights to land including customary/communal land, traditional and

religious rights recognized under Kenyan Law.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 Kenya 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, using or getting their livelihood from before the cut of date, but are recognized under World Bank OP 4.12.

Those covered under (a) and (b) above are to be provided compensation for the land they lose, and other assistance in accordance with this RPF.

Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this RPF, if they occupy the project area prior to a cut‐off date established by the JPIP in close consultation with the potential PAPs, local community leaders and the respective local leaders and acceptable to the World Bank.

Persons who encroach on the area after the cut‐off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (a), (b) or (c) above are to be provided with compensation for loss of assets other than land. It is therefore clear that all project affected persons irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the entitlement cut‐off date.


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9.2 Eligibility Criteria

9.2.1 Eligibility for Various Categories of Affected People

The likely displaced persons can be categorized into four groups, namely;(i) Affected Individual – An individual who suffers loss of assets or investments, land and

property and/or access to natural and/or economic resources as a result of the project area activities and to whom compensation is due. For example, an affected individual is a person who farms a land, or who has built a structure on land that is now required by a sub project for purposes other than farming or residence by the initial individuals.

(ii) Affected Household – A household is affected if one or more of its members is affected by sub‐project activities, either by loss of property, land, loss of access, or otherwise affected in any way by project activities. This provides for: Any members in the households, men, women, children, dependent relatives and

friends, tenants. Vulnerable individuals who may be too old or ill to farm along with the others. Relatives who depend on one another for their daily existence. Relatives who may not eat together but provide housekeeping and other domestic

chores, and Other vulnerable people who cannot participate for physical or cultural reasons in

production, consumption, or co‐residence.In the local cultures, members of production, consumption, and co‐resident groups form overlapping, often incongruent sets of people who may exchange domestic or farming services on a regular basis even though living separately.Compensation will not be limited to people who live together in a co‐resident group, since this might leave out people whose labour contributions are critical to the functioning of the “household”. For example, among polygamous groups, each wife has her own home.

(iii) Affected local community – A community is affected if project activities affect their socio‐economic and/or social‐cultural relationships or cohesion. For example project activities could lead into such improvement of socio‐economic welfare that class consciousness arises coupled with cultural erosion etc.

(iv) Vulnerable Households – Vulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them: Unmarried women Non farming Elderly The disabled or ill Orphans HIV infected persons

The categories given above may not cover all types of affected persons. In addition, the categories are not mutually exclusive. It is important therefore that the JPIP project area activities should have well prepared and comprehensive resettlement action plans that would be specific and comprehensive enough to benefit all the categories of affected persons. Table 2 on Page 52 provides compensation entitlement of affected persons.

9.2.2 World Bank Criteria for Determining Eligibility for Compensation

The Bank’s OP 4.12 suggests the following three criterions for eligibility;a) Those that have formal rights to land (including customary and statutory rights of

occupancy recognized under the Laws of each respective country);The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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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 Kenyan laws or become recognized through a process identified in the resettlement and compensation plan.

c) Those who have no claim to land they are occupying or using.

Those covered under a) and b) above are to be provided compensation for land they lose, and other assistance in accordance with the policy. Persons covered under c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy or use the project area prior to a cut‐off date established by the local JPIP Technical Committee and acceptable to the Bank. Persons who encroach on the area after the cut‐off date are not entitled to compensation or any other form of resettlement assistance. All persons included in a), b) or c) above are to be provided with compensation for loss of assets other than land.Therefore, it is clear that all affected persons irrespective of their status or whether they have formal titles, legal rights or not, are eligible for some kind of assistance if they occupied the land before the entitlement cut‐off date. The entitlement cut‐off date refers to the time when the census of persons and their property in the area is carried out, i.e. the time when the project area has been identified and when the socio‐economic study is taking place.Thereafter, no new cases of affected people will be considered. Persons who encroach the area after the socio‐economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance.

9.3 Method of Determining Cut-Off Dates

Cut-off dates are essential in the process of drawing up lists to ensure that ineligible persons do not take the opportunity to claim eligibility. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land thereby posing a major risk to the project area activity. The cut-off date for JPIP shall be determined by the environmental and safeguards specialist within the Project Management Unit. This specialist will report to the JPIP Technical Committee, as appropriate, making anyone who places a claim for loss of land or any assets after such a date ineligible for expropriation/compensation. Otherwise the cut-off date will be the date when the census for a particular project area begins.

Announcing a cut-off date at a public meeting before the census begins will create wrong incentives. However, once the census of PAPs is complete the census and the cut-off date will be validated in a public fora. The cut-off date could also be the date the project area is delineated prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.

The entitlement cut-off date refers to the time when the assessment of persons and their property in the identified project areas are carried out, i.e. the time when the project area activity owners/implementers have identified the land sites they would need and when the socioeconomic study is taking place. Thereafter, no new cases of affected people will be considered. Unfinished structures will be identified and secured, and unused materials for individuals’ constructions will be gathered at the site so that the cut–off survey can estimate PAPs’ investment which should be compensated for in lieu of expenses (including labour) incurred until the cut–off date.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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There will be a time lapse between the cut-off date and the time that actual productive investments would start thus the need for special attention to secure the sites from rush and opportunistic invasion. These measures will include close consultation with the recognizedPAPs, signs that inform general public of intended use of site and security patrols to identify opportunistic invaders. Further patrols and monitoring of any violation of the cut-off date could be carried out by local administrations and be reported to the local resettlement committee. This will also be done by the local PAPs representatives or the local community.The cut-off date will be communicated to the relevant agencies like Government Ministries responsible for land administration, local leaders and the project area activity owners/implementers.

This should occur as soon as possible after the affected land is identified. This process must be in full compliance with the conflict resolution mechanisms in this RPF and this date must be communicated effectively to the potential PAPs and surrounding local communities. The local community and traditional leaders will play a crucial role in identifying users of land.


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Table 2: Entitlement MatrixAsset Acquired Type of Impact Entitled Person Compensation EntitlementAgricultural Land No displacement: Cash

compensation for affected land equivalent to marketvalueLess than 50% of land holdingaffected,The remaining land remains economically viable.

Farmer/title Holder Cash compensation for affected land equivalent to market value

Tenant/Lease holder Cash compensation for the harvest of the affected land equivalent to average market value of 3 years, or market value of the crop for the remaining period of tenancy/lease agreement, whichever is greater.

Displacement: More than 50% of landholding lost or less than 50% of land holding lost but remaining land not economically viable.

Farmer/Title holder Land for land replacement where feasible, or compensation in cash for the entire landholding according to PAP’s choice. Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to PAPS. Transfer of the land to the PAP shall be free of taxes, registration &other costs

Relocation assistance(costs of shifting +assistance in re-establishing economic trees allowance trees +allowance up to a maximum of 12months while short-term crops mature)

Relocation assistance(costs of shifting assistance in re-establishing economic trees allowance up to a maximum of 12months while short-term crops mature)

Tenant/Lease holder Cash compensation equivalent to average of last 3years’market value for the mature and harvested crop, or market value of the crop of remaining period of tenancy/lease agreement, whichever is greater.

Relocation assistance(costs of shifting + assistance in re-establishing economic trees +allowance up to a maximum of 12 months while short-term crops mature)

Relocation assistance(costs of shifting + assistance in re-establishing economic trees +allowance up to a maximum of 12 months while short-term crops mature)

Relocation assistance(costs of shifting + allowance)Agricultural worker Cash compensation equivalent to local average of 6months salary

Relocation assistance(costs of shifting +allowance) Assistance in getting alternative employment

Commercial Land No displacement: Land used for business partially affected, limited

Title holder/business owner Cash compensation for affected land Opportunity cost compensation equivalent to 5% of net annual income based

The Judiciary/ Resettlement Policy Framework (RPF)Pan-12-081

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Asset Acquired Type of Impact Entitled Person Compensation Entitlementloss on tax records for previous year (or tax records from comparable business, or

estimates where such records do not exist).Business owner is lease holder

Opportunity cost compensation equivalent to 10% of net annual income based on tax records for previous year(or tax records from comparable business, or estimates where such records do not exist)

Displacement: Premise used for business severely affected, remaining area insufficient for continued use

Title holder/business owner Land for land replacement or compensation in cash according PAP’S choice. Land for land replacement will be provided in term of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to PAP

Transfer of the land to the PAP shall be free of taxes registration &other costs Relocation assistance(costs of shifting +allowance) Opportunity cost compensation equivalent to 2months net income based on tax

records for previous year (or tax records from comparable business, or estimates).

Business person is lease holder

Opportunity cost compensation equivalent to 2months net income based on tax records for previous year (or tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher.

Relocation assistance(costs of shifting) Assistance in rental/lease of alternative land/property (for a maximum of

6months) to re-establish the business.Residential Land No displacement: Land used for

residence partially affected ,limited loss, and the remaining land remains viable for present use

Title Holder Cash compensation at market value for affected land

Rental/lease holder Cash compensation equivalent to 10%of lease/rental fee for the remaining period of rental/lease agreement(written or verbal)

Displacement: Premise used for residence severely affected, remaining area insufficient for continued use

Title Holder Land for land replacement or compensation in cash according to PAP’s choice Land for land replacement shall be of minimum plot of acceptable size under

the zoning law/s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status

When the affected holding is larger than the relocation plot cash compensation to cover the difference value.

Transfer of the land to the PAP shall be free of taxes registration &other costs. Relocation assistance(costs of shifting +allowance)


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Asset Acquired Type of Impact Entitled Person Compensation EntitlementDisplacement: Premise used for residence severely affected, remaining area insufficient for continued use or becomes smaller than minimally accepted under zoning laws

Rental/Lease holder Refund of any lease /rental fees paid for time /use after date of removal Cash compensation equivalent to 3months of lease rental fee Assistance in rental/lease of alternative land/property Relocation assistance(cost of shifting +allowance

Building and structures

No displacement: structure partially affected but remaining structures remains viable for continued use

Owner Cash compensation for affected building and other fixed assets at market rates for structures and/or materials

Cash assistance to cover costs of restoration of the remaining structure

Rental/Lease holder Cash compensation for affected assets(verifiable improvements to the property by the tenant)

Disturbance compensation equivalent to two months rental costs

Displacement: Entire structure affected or structure partially affected but the remaining structure is not suitable for continued use

Owner Cash compensation for entire structure and other fixed assets without depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to PAP

Right to salvage materials without deduction from compensation Relocation assistance(costs of shifting +allowance) Rehabilitation assistance if required(assistance with job placement, skill

training)Rental/lease holder Cash compensation for affected assets(verifiable improvements to the property

by tenant) Relocation assistance(costs of shifting +allowance equivalent to four months

rental costs) Assistance to help find alternative arrangements Rehabilitation assistance if required(assistance with job placement, skills

trainingSquatter/informal dweller Cash compensation for affected structure without depreciation

Right to salvage materials without deduction from compensation Relocation assistance(costs of shifting+ assistance to find alternative secure accommodation preferably in the community of residence through involvement

of the project Alternatively, assistance to find accommodation in rental housing or in a

squatter settlement scheme, if available) Rehabilitation assistance if required is required assistance with job placement

skill training)


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Asset Acquired Type of Impact Entitled Person Compensation EntitlementStreet Vendor(informal without title or lease to the stall or shop)

Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year(or tax records from comparable business, or estimates),or the relocation allowance, whichever is higher.

Relocation assistance (costs of shifting) Assistance to obtain alternative site to re-establish the business

Standing crops Crops affected by land acquisition or temporary acquisition or easement

PAP(whether owner, tenant or squatter)

Cash compensation equivalent to average of last 3years market value for the mature and harvested crop.

Trees Trees lost Title holder Cash compensation based on type, age and productive value of affected trees plus 10%premium

Temporary Acquisition

Temporary Acquisition PAP(whether owner, tenant or squatter)

Cash compensation for any assets affected(e.g. boundary wall demolished, trees removed)


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10 METHODS OF VALUING AFFECTED ASSETS

At this stage of the project, it is not possible to estimate the exact number of people who may be affected by the JPIP as the technical designs and details (including locations) of the courts buildings have not yet been developed or finalized. In addition, since not all the court building locations have been identified, it will be assumed that the JPIP court building structurs may cover several types of land, including urban, peri‐urban and rural segments. To the extent possible, the project will avoid land acquisition/involuntary resettlement. Therefore, this RPF does not include an estimated budget for the total cost of resettlement in the JPIP. Once the civil works and sites are finalized, including the census of project‐affected households, socio‐economic study, and information on specific impacts, detailed and accurate budgets for each RAP will be prepared.

For all the three segments (urban, peri‐urban and rural) land and assets will be valued and compensated for according to the following guidelines and as appropriate for each segment:

The Project proponent will compensate for assets and investments (including labour, crops, buildings, and other improvements) according to the provisions of the resettlement plan.

Eligibility for compensation will not be valid for new persons occupying/using the project sites after the cut‐off date, in accordance with this policy.

Compensation cost values will be based on replacement costs at market value, as of the date that the replacement is to be provided or at the date of project identification, whichever is higher.

The market prices for cash crops will have to be determined based on the values as determined by the Ministry of Agriculture.

PAPs that lose farmland allotted by the village under customary tenure will be provided an equivalent plot. However, since the bank policy OP4.12 on resettlement makes no distinction between statute and customary rights, a customary land owner or a user of state owned land will be compensated for land, assets and investments including loss of access at replacement costs, taking into account market rates.

10.1 Valuation Procedure

According the Kenyan legislations and WB OP 4.12 policies, any expropriated assets has to be 'justly' compensated using current market rates with valuation undertaken by an independent valuator.The procedure to be followed during valuation of affected assets is as follows.

10.1.1 Use of Standard Valuation Tables

It is envisaged that project areas will be located in different Local authorities and will therefore require different valuers for each project area The JPIP Technical Committee will establish a format to be followed to prepare the valuation tables. These tables must be moderated to ensure fairness. This standardized procedure would include a series of reference tables for estimating asset value by type according to the approximate size and condition of the existing asset.The tables would be developed using legally acceptable valuation procedures accepted by both the Government of Kenya and World Bank for purposes of fairness and consistency. The approach will consider replacement costs at market rates and types and levels of


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compensation under the Kenya law. Valuation of lost assets will be made at their replacement cost.

10.1.2 Preparation of Asset Inventory

In order to prepare an inventory of assets for a sub‐project, a field team will visit the affected area to carry out an asset valuation survey. The team will be led by a project representative and will include the Local Authorities at the various levels, a representative of the PAPs and PMU.During the survey, each asset will be enumerated and inscribed on an inventory and a valuation of the asset carried out using the approach described above. The values of each asset will then be recorded in a register and shown to the affected person for agreement.The register will be signed and a copy given on the spot to the affected person. The document will indicate when the affected person will be notified, and that the inventory will not be official until a second signed copy, verified by project supervisory staff, is returned to the affected person. At this time, a copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism.

10.2 Valuation Methods

10.2.1 Replacement Cost Approach

The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on‐site management practices and thereby prevent damage. The approach involves direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement moving expenses and other transaction costs, taking into account market rates.

10.2.2 Gross Current Replacement Cost

Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new building having the same gross external area as that of the existing one, with the same site works and services and on a similar piece of land.

10.2.3 Other methods

Rates from Contractors: When rate schedules do not exist or are out of date, recent quotations by contractors for similar types of construction in the vicinity of the project can be used for calculating replacement costs. In projects offering the options of cash compensation or alternative accommodation, the construction cost estimates for alternative accommodation could be used for calculating cash compensation payable. Schedule of rates from the Construction Departments of the Ministry of Public Works have a schedule of rates for preparing estimates for construction projects, which the consultant can use to assess costs for construction materials and labour. When applied to calculate replacement cost, rates that are current for the period of actual replacement must be used.


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10.3 Calculation of compensation by assets

The following methods of calculation should be adopted for the preparation of the aforementioned standardized asset valuation tables and/ or the application of specific case by case valuations in the case of projects that have significant impacts.

10.3.1 Compensation for Land

The first premise of is provision of replacement land is for both the marshland and hillside affected plots. If receiving land as compensation, the affected party will then be compensated for the labour required to replant the crops.

In the case where there is no alternative land available, cash compensation at full replacement value should be provided. This should be valued based on the prevailing market value in the locality to purchase an equally productive plot of land in the same locality. In addition, any associated costs of purchasing the land i.e. taxes, registration fees will need to be included in the compensation.

In addition, the PAPs will be compensated for any permanent improvements made to the land his will be calculated based on the price of making the permanent improvement at current prevailing market rates for labour, equipment and materials.

Where land lost is only a small proportion of total land owned by the PAP, but renders the remaining land as unusable, the compensation provided should be calculated based on the total land affected (i.e., the actual land lost plus the remaining unusable land). Compensation for land is aimed at providing a farmer whose land is acquired and used for project purposes, with compensation for land labour and crop loss. For this reason and for transparency land is defined as an area or homestead: ‐ in cultivation, being prepared for cultivation, or cultivated during the last agricultural season. This definition recognizes the farmer's

labour as the biggest investment he/she makes in producing a crop which is higher than all other inputs such as seed and fertilizer. As a result compensation relating to land will cover the market price of labour invested as well as the market price of the crop lost.

10.3.2 Land Measurement

For purposes of measuring land, the unit of measurement would be that which is used and understood by the affected farmers and if a traditional unit of measure exists in the rural areas that unit should be used. If a traditional unit of measurement does not exist in an area then it is recommended that land should be measured in metres or any other internationally accepted unit of measurement.

However in such an event, the unit that is being used must be explained to the affected farmers/users and must somehow be related to easily recognizable land features that the communities are familiar with, such as using location of trees, stumps, etc as immovable pegs. The most important concern of this exercise is to ensure that the affected person is able to verify using his/her own standards/units of measurement, the size of land that is being lost. This will ensure transparency in the system and will thus avoid subsequent accusations of wrong measurements or miscalculation of areas. A farmer should know how


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much land he/ she is losing in terms of size and the replacement land must be at least of that same size and comparable value as land lost.

10.3.3 Compensation Rates for Labour

The value of labour invested in preparing agricultural land will be compensated for at the average wage in the community for the same period of time. The labour cost for preparing replacement land is based on costs for clearing the land and ploughing.

Labour costs will be paid in the relevant currency per the prevailing labour law. The rate used for land compensation is to be updated to reflect values at the time compensation is paid.

In certain cases, assistance may have to be provided to land users, in addition to compensation payments. For example, if a farmer is notified that his/her land is needed after the agriculturally critical date (critical date, may be different in parts of each country and across climate zones) when s/he will no longer have enough time to prepare another piece of land, assistance will be provided in form of labour intensive village hire, or mechanized clearing so that replacement land will be ready by the sowing dates. The farmer will still continue to receive his/her cash compensation so that s/he can pay for sowing, weeding and harvesting.

10.3.4 Calculation of Crops Compensation Rate

The current prices for both cash and consumption crops will be determined and all crops will be valued using a single rate regardless of the crop grown. Prevailing prices for cash crops will have to be determined with the assistance from the Ministry of Agriculture. Rate schedules must be verified for accuracy. This rate incorporates the value of crops and the value of the labour invested in preparing new land.Calculating compensation using one rate guarantees uniformity and allows anyone to measure the area of land for which compensation is due and to multiply the area by the one rate known to all.This approach also allows assignment of values to previous year's land (land in which a farmer has already invested labour) and land that have been planted but crops have not germinated. Further, it avoids contention over crop density and quality of mixed cropping.The value of the labour invested in preparing agricultural land will be compensated at the average wage in the community for the same period of time. The rate used for land compensation should be updated to reflect values at the time compensation is paid.

Crop values will be determined on: ‐a) A combination of staple foods and cash crops. The 80/20 ratio of land that a farmer

typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income.

b) The value of stable crops to be taken as the highest market price (over 3 years) reached during the year, in recognition of the following factors:‐ Although most farmers grow staple crops mainly for home consumption, they always

have the option of selling these crops to take advantage of the market. Farmers most often purchase cereals when they have run out, during drought when

prices are high. Compensating at a lower value might put the individual or household at risk.


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On average, the highest price of stable food yields a high per hectare value reimburses for the vegetables and other foods that are commonly intercropped with staples, but are almost impossible to measure for compensation.

c) The labour cost for preparing replacement land is calculated on what it would cost a farmer to create a replacement land. This value is found by adding together the average costs of clearing, ploughing, sowing, weeding twice, and harvesting the crop.

10.3.5 Compensation for Buildings and Structures

The preferred option is to provide alternate structures (huts, houses, farm outbuildings, latrines, storage facilities and fences etc.) of improved quality where possible. Where structures are dwellings, the replaced structure should provide improved living conditions.The second option is provision of cash compensation at full replacement value.Replacement values will be based on: ‐ Measurements/ Drawings of individual structures and detail of materials used and support

services; Average replacement costs of different types of household buildings and structures

based on collection of information on the numbers and types of materials used to construct different types of structures (e.g. poles, bricks, rafters, Bundles of straw, corrugated iron sheets, doors etc.)

Prices of these items collected in different local markets, and as provided by the Ministry of Public Works and Housing (or relevant authority);

Costs for transportation and delivery of these items to the acquired/ replacement land or building site;

Estimates of construction of new buildings including labour required; any associated taxes, registration fees.

Compensation will be made for structures that are (i) abandoned because of relocation or resettlement of an individual or household, or (ii) directly damaged by project area activities.

10.3.6 Compensation for Community Assets

Compensation will be provided for community assets identified through the socioeconomic survey. In all cases these will be provided in kind and new facilities will be provided even if there are existing facilities at the new location.

10.3.7 Compensation for Sacred Sites

This policy does not permit the use of land that is defined to be cultural property by the Banks Safeguards OP 4.11. Sacred and genocide war memorial sites include but not restricted only to; museums, altars, initiation centres, ritual sites, tombs and cemeteries. The sites also include other sites or places/features that are accepted by local laws (including customary), practice, tradition and culture as sacred. To avoid any possible conflicts between individuals and/or communities/homesteads/chiefdoms the use of sacred sites for any project activity, is not permitted under this project. However, it is possible that some cultural assets at the court sites may be relocated.

10.3.8 Compensation for Loss of Businesses

Any structures will be replaced in an appropriate location as outlined above. In addition, compensation will be paid for the lost income and production during the transition period The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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(time lag between losing the business and re‐establishment). This will be estimated based on the daily or monthly income of the affected parties.

10.3.9 Compensation for Cultivated Crops (both cash and subsistence) and Trees

PAPs will be encouraged to harvest their produce before loss of land. In order to ensure that this is possible, and that appropriate market prices are received for yields, there needs to be sufficient consultation beforehand so that harvesting can be properly planned. In the event that crops cannot be harvested, compensation for loss of crops (whether cash or subsistence) and trees will be provided as follows:‐ Provision of seed or seedlings (as appropriate for hillside plots, rice for marshland plots); Provision of cash compensation for value of crops lost, at current market value; Provision of cash compensation to cover the income foregone during the period that the

PAP is without land. The cash compensation will be equivalent to the value of crop production lost, until the replacements are yielding to the same level (i.e., the period until the replacement seed/seedlings are producing ‐ whether the same year for annual crops, or longer in the case of shrub or tree crops).

10.3.10 Compensation for vegetable gardens and other activities

Until a replacement garden starts to bear, the family displaced (economically or physically), will have to purchase vegetables in the market for daily use. The replacement costs therefore, will be calculated based on the average amount that an average town dweller spends on buying these items for one year per adult from the local market.Other activities such as bee keeping placed in various locations in the bush by individuals specializing in honey gathering will also be taken into account. If such hives will be disturbed by the project activities, or access to hives is denied, beekeepers will be free to move them, and hopefully the bees will adapt to the new locations. Beekeepers will be compensated by the value of one season's production costs of honey for each hive that is moved and any reasonable costs associated with moving the hive.

10.3.11 Compensation for horticultural, floricultural and fruit trees

Banana and Mango trees are featured here below as two examples of the set of primary fruit trees that are likely to be found in project targeted area and are estimated to account for a significant amount of all fruit bearing trees. They are primarily important as a source of: Subsistence food for families Cash that contributes to the local and export economy Petty market income in some areas and, Shade (in the case of cashew, mango and some coconut trees) Traditional medicinal valueFor banana trees, they have a relatively much shorter productive life, normally, than mango trees. For species, banana trees will not bear fruit more than once. Therefore, compensation for banana trees would be compensated at the full market rates for bananas harvested in that year and for another year. The second year payment is for the replacement cost of planting a new tree, looking after it and harvesting it which could all be done in one year. Therefore, the farmer should have restored his pre‐project position by the end of the second year. This example of bananas represents trees/ plants that have a relatively short life.


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Given their significance to the local subsistence economy, which this project intends to positively impact, mango trees will be compensated on a combined replacement/market value. Mango trees used for commercial purposes will be compensated at market value based on historical production records.If households chose to resettle, they will be compensated for the labour invested in the trees they leave behind, because they will continue to own the trees left behind under customary rights. It is not uncommon for individuals to own trees in other villages in which they formally lived and, in some cases, to continue to harvest fruit from those trees for subsistence purposes and/or sale to traders. If a household chooses to transfer ownership of the trees, transfer costs will be paid in addition to labour costs. The compensation rate will be based on information obtained from the socio‐economic study. From this study, a compensation schedule for mango trees can be developed incorporating the following goals:

Replace subsistence mango production yields as quickly as possible. Provide subsistence farmers with trees to extend the number of months of the year

during which mangoes are produced and can be harvested as a supplemental source of food for their families during their "hungry season".

Provide farmers with the opportunity to derive additional production income from trees bearing more valuable fruits at off‐season periods.

Provide cash payments to farmers to replace pre‐project income derived from the sale of excess mango production until replacement trees produce the equivalent (or more) in projected cash income.

The compensation schedule is based on providing a combination of new grafted and local trees to farmers, as well as cash payments to offset lost yearly income.

10.3.12 Other domestic fruit and shade trees

These trees have recognized local market values, depending upon the species and age. Compensation for wild trees "owned" by individuals, who are located in lands as defined in this policy, will be paid. Wild productive trees belong to the community when they occur in the bush as opposed to fallow land. These trees will be compensated for under the umbrella of the community compensation.No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square metres of surface area removed.

10.4 Types of Compensation Payments

Compensation for all land use and assets in kind or cash will be required for the following: Land; Residential buildings, structures and fixtures; Cultivated crops (both cash and food crops) and trees; and Loss of businesses or employment.

In addition, resettlement and economic rehabilitation assistance will be given, as outlined in the Entitlement Matrix in Table 2. It is essential that current market values are used to establish actual compensation. The District Land Offices or the Local Authority and Project Management Unit are to establish these rates as part of the preparation of each sub‐project, using as a benchmark the rates prevailing for other government land acquisition schemes in that Local Authority.


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Although the type of compensation will be the individual's choice, compensation in kind is preferred as cash payments raises issues regarding inflation and security.

In addition, provision of cash does not ensure that the PAP's income will be restored. For payment of compensation in‐kind, the timing and alternative locations will have to be decided and agreed upon by each recipient, in consultation with the Project Area Compensation and Resettlement Committees.

10.5 Methods of Compensation

Individual and household compensation will be made in cash, in kind, and/or through assistance. The type of compensation will be an individual choice although every effort will be made to instill the importance and preference of accepting in kind compensation if the loss amounts to more than 20% of the total loss of subsistence assets. Table 3 below describes the forms of compensation.

Table 3: Forms of CompensationFORMS OF COMPENSATIONCash Payments Compensation will be calculated in Kenya Shillings. Rates will be adjusted

for inflationIn‐kindCompensation

Compensation may include items such as land, houses, and other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment.

Resettlement andEconomicRehabilitationAssistance

Assistance may include moving allowance, transportation and labour, title deed fees and other related costs

11 GRIEVANCE REDRESS MECHANISM AND APPEALS


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11.1 Objectives of Grievance Redress

A key element of the resettlement process will be the development and implementation of a grievance mechanism. The PAPs must be consulted in the development of a grievance redress mechanism for a project area RAP which will be acceptable to them. Grievance procedures are required to ensure that PAPs are able to lodge complaints or concerns, without cost, and with the assurance of a timely and satisfactory resolution of the issue. The procedures ensure that the entitlements for compensation, resettlement or both are effectively delivered to the intended beneficiaries.At the time that the individual RAPs are approved and individual compensation contracts are signed, affected individuals and households will have been informed of the process for expressing dissatisfaction and how to seek redress.The grievance procedure will be simple and will be administered as far as possible, at local levels to facilitate access by PAPs.All grievances concerning non‐fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed through the Local Leader. All attempts shall be made to settle grievances amicably. Those seeking redress and wishing to state grievances will do so by notifying their appointed Local Leaders. It has to be noted that in the local communities, people take time to decide to complain when aggrieved. Therefore, the grievance procedures will ensure that the PAPs are adequately informed of the procedure, before their assets are taken. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time, which will be in the interest of all parties concerned and therefore, it implicitly discourages referring such matters to a Tribunal for resolution.Compensation and resettlement plans (contracts) will be binding under statute, and will recognize that customary law is the law that governs land administration and tenure in the rural/village areas. This is the law that inhabitants living in these areas, are used to and understand.Grievances may arise from members of communities including PAPs who are dissatisfied with: ‐(iv) The eligibility criteria(v) Community planning measures, or(vi) Actual implementation.

A sample Grievance Redress form is provided in Annex 5 of this report.

11.2 Grievance Procedures

Grievance procedures do not replace existing legal process. The grievance procedures seek to resolve issues quickly in order to expedite the receipt of entitlements, without resulting to expensive and time‐consuming legal actions. The grievance procedures will be simple and will be administered as far as possible at the sub‐project level by Resettlement and Compensation Committees. The procedures will be implemented within a clear time schedule which should be adhered to. If grievance procedures fail to provide an agreed result, complainants can still seek legal redress.

The overall process of grievance is as follows:‐ During the initial stages of the valuation process, the affected persons will be given

copies of grievance procedures as a guide on how to handle grievances. The process will start with registration of the grievances to be addressed for reference

and to enable progress updates of the cases.The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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The project will use local mechanism, which include resettlement committees, peers and local leaders in the affected community. These will ensure equity across cases, eliminate nuisance claims and satisfy legitimate claimants impartially.

The response time will depend on the issue to be addressed but it should be addressed with efficiency being mindful of the overall project time frame.

Compensation will be paid to PAPs, only after a written consent of the PAPs and for couples both husband and wife will give their consent.

11.3 Timeliness of the process

Grievance redress procedures may be invoked at any time, depending on the complaint. No person or community from whom land or other productive assets are to be taken will be required to surrender those assets until any complaints he/she has about the method or value of the assets or proposed measures are satisfactorily resolved. If the verdict rendered by the Grievance Redress Committee is not acceptable, the aggrieved party can take recourse following the provisions of the Law. The applicable legal route will start with the local community leadership as it exists now or as defined under the new Constitution. Kenya’s judicial authority and legal system is set out in Chapter Ten of the new Constitution.

The nature of grievance and consequently the manner in which it will be addressed will depend on the specific community and the impact on the PAPs.

11.4 The Grievance process

The procedure for managing grievances should be as follows:a) Registration of grievances: The affected person should file his/her grievance, relating

to any issues associated with the resettlement process or compensation. The written grievance signed and dated by the aggrieved person, will be submitted to the Project Area Resettlement and Compensation Committee by the appointed Local Leader. All objections shall be made in writing, in the language that the PAPs understands and are familiar with, to the Local Leader. Channeling complaints through the Local Leader is aimed at addressing the problem of distance and cost the PAP may have to face. The Local Leaders shall maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made.

b) Assistance to the aggrieved person: A selected member of the Committee, preferably a staff member of the JPTC will act as the Project Liaison Officer who will be the direct liaison with PAPs. Where the affected person is unable to write, the local Project Officer will write the note on behalf of the aggrieved person and document any informal grievances. The note should then be embossed with the aggrieved person’s thumbprint.

c) Submission of the grievance: The Project Liaison Officer will submit the signed form to the JPTC which will be the secretariat of the Resettlement and Compensation Committee. Copies of the complaint shall be sent to Project Liaison Officer, who will forward the complaints to the JPIP Technical Committee and the relevant agency for administration of land matters, within 20 days after the public notice.

d) Response of the Resettlement and Compensation Committee: The Committee will review the claim and inform the claimant if it is valid or not valid: if the claim is rejected by the Committee, the Project Liaison Officer will assist the

aggrieved person to take the matter to the Local District Adjudication Board, provided in the existing Land Acquisition Act or as detailed in the Land Act.

if valid, the Committee will notify the complainant and within 14 days assist the aggrieved person in establishing details of the grievance. If the grievance relates to


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valuation of assets, a second valuation will be undertaken by a separate independent Valuer. If necessary, valuation will be repeated to achieve agreement by both parties. The aggrieved person must be notified by the Project Liaison Officer the steps being taken in the consideration of the claim.

e) Action of the aggrieved person if not satisfied with the outcome: If within the agreed time, the claimant does not receive a satisfactory response, she/he may take the matter to the District Land Adjudication Board, assisted by the Project Liaison Officer if deemed necessary by the Project Area Resettlement and Compensation Committee.

f) The Project Area Resettlement and Compensation Committee will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible.

A grievance redress mechanism is given in Figure 2 below.

Figure 2: Chart showing Grievance Redress Mechanism

11.5 Grievance Log

The Project Liaison Officer will ensure that each complainant has an individual reference number, and is appropriately tracked and recorded actions are completed. A record of the stages the claim goes through and the person/s responsible for an individual claim must be clearly recorded and information provided to the complainant.The record will show:The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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No Action Required

Dissatisfied PAP declares the grievances

JPIP Technical Committee reviews the grievances and refers the case to the PAP Committee who are to respond within two weeks from the submission to respond

Compensation Tribunal, Public Complaint Committees

Legal Redress

No Action Required

Grievances Addressed

Grievances Resolved

Date the complaint was reported; Date the grievance was uploaded to the project database; Date information on proposed action was communicated to the complainant; Date the complaint was closed; and Date response was sent to the complainant.

11.6 Monitoring Complaints

The Project Liaison Officer will be responsible for: ‐ Providing the Project Area Resettlement and Compensation Committee with a weekly

report detailing the number and status of complaints; Any outstanding issues to be addressed; and Monthly reports, including analysis of the type of complaints, and actions taken to

address complaints.

11.7 Consensus, Negotiations, and Conflict Resolution

Consensus and negotiations are central to addressing grievances. In general, people are aware of their rights, their commitments to the country as citizens and their allegiance to village and family issues. For this reason, many Government funded community projects have been implemented without obstacles from project affected persons.However some projects have been known to stall due to delays in disbursement of compensation. Prior negotiations, between Government representatives and project beneficiaries, are therefore crucial to the success or failure of the project. As a guiding principle emphasis shall be placed on simplicity and proximity of the conflict resolution mechanisms to the affected persons and the following shall be noted:

a) Negotiation and agreement by consensus will provide the best avenue to resolving any grievances expressed by the individual landowners or households affected by community projects. These grievances shall be channeled through the Local Chiefs or leaders.

b) The JPIP Technical Committee shall ensure that the main parties involved achieve any consensus freely. The relevant government representative shall clearly advise the general public as to who is responsible for the activity and the procedure for handling grievances or compensation claims.

c) Grievances shall be addressed during the verification and appraisal process. If a suitable solution is not found, the JPIP Technical Committee shall defer consent of the project and the concerned project activities shall not be allowed to proceed at the particular location.

d) Grievances for which solutions have not been found shall be referred back to the community for discussion where the Local Leader and District Administration will redress the matter of concern to assist the claimants. The mediation process will be implemented according to traditional methods of mediation/conflict resolution. The resolution will then be documented on the relevant consent forms and verified.

e) If an agreement cannot be reached at community level the aggrieved party or parties shall raise their concerns to the JPIP Technical Committee who shall refer them to the respective District Administration, within 20 days of the verification meeting. Grievances that cannot be resolved at the Local and District level shall be submitted to the Local Government, the District Administration and to executing agencies. Should grievances remain unresolved at this level, they can be referred to the court of law.

12 RESETTLEMENT SITES


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12.1 Method of Site Selection and Site Alternatives

The resettlement site must be chosen through consultation with all displaced people and host communities. Site selection criteria should be discussed with the project affected persons their representatives and local officials prior to being finalized. Sites should be selected to meet as many of the following favourable characteristics as possible:

Be as close as possible to the affected areas. However, this criterion can be relaxed when surrounding areas do not present enough potential for sustainable economic activities;

Accessible through existing roads. However, some exception could be made for remote sites when the construction of inexpensive economically viable roads is feasible;

Ensure proximity to employment opportunities The area selected site should not be a protected area, classified forest, natural reserves

or environmentally sensitive lands such as sloping terrain or shallow soils.; Even and smooth topography and avoid mountainous areas, rolling topography and

steep slopes; Soils that is adequate for irrigated or rained agriculture with minimal reclamation works.

Saline soils or lands susceptible to floods and water logging should be avoided unless inexpensive reclamation works can be implemented;

Good potential for surface or groundwater irrigation; Preferably a low population density, large holdings and a good potential for further

development. Areas already developed should be avoided unless there is an active market for land purchase;

Be able to accommodate a reasonable number of project-affected families at one location to minimize the land and village development costs.

Proximity to social infrastructure such as schools and hospitals.

12.1.1 Influx Management

Resettlement site will likely be located close to project area and thus represent an obvious collection point for job seekers. The proposed project area will attract a significant number of newcomers seeking employment or other opportunities associated with construction and operations of the project. The influx of large numbers of newcomers may have severe negative effects on host communities in and around the project area as well as on the project itself. To avoid such circumstances, the Proponent should take a proactive approach and prepare an influx management plan in association with RIC.

12.1.2 Location of Resettlement Site

Ensuring that the settlers resume production and land is transformed will include the following key activities: Identification and discussions on the host sites coupled with initial visit by the PAPs on

the earmarked resettlement site by household representatives Signing of agreements and allocation of land by the government before resettlement.

Thus the process of land allocation should be completed before relocation. Construction of the Resettlement sites and their related public and infrastructure facilities

as well as provision and/or strengthening of social facilities Introduction of the PAPs to the characteristics and appropriate production as well as

profitable economic activities in the host sites


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Before resettlement, social adjustment is a priority for both the host community and resettlers as a result of the anticipated psychological constraints that come with changes.

Resettle the homestead, not a household, as a unit to one site to ensure continued social support

As much as possible, where a PAP has his portion of land remaining, he should be allowed to move his homestead there rather than relocating to “foreign” land. If the relocation takes place, the resettlers should be taken to the nearest possible land within their original homes

Resettlement sites should as much as possible have the same characteristics as the former sites.

Vulnerable Groups including the poor, sick, orphaned and vulnerable children need to be given priority in employment opportunities arising from the project. Further during construction, there is need to identify appropriate micro-programs that could be provided under the Project such as revolving fund financial incentives and assistance for housing construction among others.

Public information and awareness creation to enlighten the residents on the importance as well as the need for attitudinal change towards the projects impacts.

12.1.3 Resettlement Options

The PAPs should be informed of feasible resettlement options, such as replacement land, and non-land based income-generating options. Those affected persons who prefer will be provided the opportunity to shift to wage employment or to start a small business as markets expand. Employment must include payment of fair wages.

Households that have to relocate will participate in identifying and selecting Proponent assisted resettlement sites or to move to either group or individual relocation sites or to receive cash compensation and to make their own arrangements for relocation.

12.2 Resettlement Site Development (Infrastructure, Social Service, Etc.)

The Resettlement Receiving Areas (host sites) should be improved in line with peasantry economic modes of farming production so as to facilitate the settlers who are mainly peasant, to adopt themselves to their new environment within the shortest time possible.

Further, the land improvement should ensure that the per-unit production in the receiving land is higher or equivalent to that before resettlement. This will ensure that the resettlers’ production and standard is higher or equivalent to the original pre-resettlement level within the shortest time possible.

13 IMPLEMENTATION ARRANGEMENTS LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS


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PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and subsequent Resettlement Action Plans before work on the project can begin. For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made for compensation and for other assistance required for relocation prior to displacement. The assistance includes provision and preparation of resettlement sites with adequate facilities. In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented in accordance with the individual RAPs. The RAPs will detail the step for taking over the land and expropriation of assets.

The measures to ensure compliance with this RPF will be included in the RAPs for each location involving resettlement and/or compensation. The schedule for the implementation of activities must be prepared with the full involvement of the community members and the Resettlement Committee. Target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs and dates of possession of land that PAPs are using should be publicized extensively. How these activities are linked to the implementation of the overall project area must also be agreed between the parties. The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy.The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or homestead affected. Once the RAP is approved by the local and national authorities, the RAP should be sent to the World Bank for final review and approval.

13.1 Project Launching

At each project area launching, an assessment of the social impacts of each sub‐project will be conducted particularly for court buildings presumed to induce extensive adverse social impacts. The assessment will help to determine which mitigation measures to be taken and establish whether or not detailed RAPs with timetables and budgets should be prepared.Issues to be addressed by the screening process will include demography, land tenure and socio‐economic structures for larger sub‐projects involving more than 20 households and consultations with local authorities and PAPs for all sub‐projects.A key task to be conducted under this process is a household survey describing the extent of the social impacts. At this stage, all PAPs will be listed in order to avoid an influx of people trying to take advantage of the compensation and rehabilitation. A cut-off date from which eligibility for compensation will be terminated will be proclaimed and new inhabitants coming to the project affected areas will not be considered for compensation. The principles of compensation will be triggered wherever there will be land acquisition and adverse social impacts.

13.2 Implementation Schedule

The timing of the resettlement will be coordinated with the implementation of the main investment component of the project requiring resettlement. All RAPs will include an implementation schedule for each activity covering initial baseline and preparation, actual


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relocation and post relocation economic and social activities. The plan should include a target date when the expected benefits for resettled persons and hosts would be achieved.Arrangements for monitoring implementation of resettlement and evaluating its impact will be developed during project preparation and used during supervision.

Monitoring provides both a warning system for project managers and a channel for resettled persons to make known their needs and their reactions to resettlement execution. Environmental and Social Impact Assessments, if deemed necessary through the application of the ESMF, will be conducted parallel with the design of the sub‐projects, and will determine the number of PAPs and assesses demand of needs of the displaced persons which could be housing, water, health facilities and sanitation.

Target dates for achievement of expected benefits to resettled persons and hosts should be set and the various forms of assistance to the resettled persons should be disseminated to them. Planning and coordination of the tasks of the various actors is key to successful implementation. To achieve this, workshops will be organized with the stakeholders and other relevant government agencies at project launching and at the commencement of every project area activity identified to have adverse social impacts.The workshops will focus on: taking stock of the legal framework for compensation, settling institutional arrangements and mechanisms for payment of compensation, defining tasks and responsibilities of each stakeholder and, establishing a work plan.

The stakeholders will be requested to participate in the decision making process and provide inputs in the area of their expertise in order to establish a coherent work plan or schedule. PAPs will also be consulted with the aim of obtaining their positions on the issues at stake.

In the Implementation Schedule of each RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between theJPIP Technical Committee and PAPs must include: target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for

completed civil works to PAPs and for payments of all compensation) and; the link between RAP activities to the implementation of the overall sub project.

When approving recommendations for resettlement during screening, PAPs must confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with this policy. Proper timing and coordination of the civil works shall ensure that no affected persons will be displaced (economically or physically) due to civil works activity, before compensation is paid and before any project activity can begin.When JPIP Technical Committee presents their Resettlement Action Plans to the NEMA for approval part of the screening process that NEMA would use to approve RAP would be to confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with this policy.

13.3 Linking Implementation to Project Civil Works

Before any project activity is implemented, PAPs must be compensated in accordance with the Resettlement Policy Framework. For activities involving land acquisition or loss, denial or restriction to access it is further required that these measures include provision of The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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compensation and of other assistance required for relocation prior to displacement and preparation of resettlement sites with adequate facilities, where required. The RAPs will detail the step for taking over the land and expropriation of assets.

In any case, this may only take place after compensation has been paid and where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual RAPs.

The measures to ensure compliance with this RPF will be included in the RAPs for each location involving resettlement and/or compensation. The schedule for the implementation of activities must be prepared with the full involvement of the community members and the Resettlement Committee. Target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs, and dates of possession of land that PAPs are using should be publicized extensively. How these activities are linked to the implementation of the overall project area activity must also be agreed between the parties. The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy.

The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or homestead affected. Once the RAP is approved by the local and national authorities, the RAP should be sent to the World Bank for final review and approval.

14 MONITORING AND EVALUATION (M&E) ARRANGEMENTS


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14.1 Overview and Objectives of M&E

In order to assess whether the goals of the resettlement and compensation plan are being met, a monitoring plan will be required. This monitoring plan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions to carry out the monitoring activities.The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring programme of the entire JPIP Project which will fall under the overall responsibility of the different executing agencies.The executing agencies with support from the Resettlement Specialist, will institute an administrative reporting system that:

a) Alerts project authorities on the necessity and procedures for land acquisition for the project activities and the need to incorporate land acquisition, resettlement,

b) loss of assets and impact on livelihood provisions in the design technical specifications and budgets;

c) Provides timely information about the asset valuation and negotiation process,d) Maintains records of any grievances that require resolution, ande) Documents timely completion of project resettlement obligations (i.e. payment of the

agreed‐upon sums, construction of new structures, etc.) for all permanent and temporary loses, as well as unanticipated, additional construction damage.

f) Updates the database with respect to changes that occur on the ground as resettlement and compensation activities are being implemented Periodic evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation of the sub project activities; and whether the PAPs enjoy the same or higher standard of living than before.

This framework is suggesting that where appropriate and where it is determined to be cost effective, the office of the District Administration shall be structured to host the monitoring and evaluation component of the project/program. This will take the form of giving the districts the mandate to carry out independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of quarterly or half yearly (as circumstances dictate) during the program life.The objective will be to make a final evaluation in order to determine:

a) if affected people have been paid in full and before implementation of the project area activity.

b) if the people who were affected by the project area activity have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are they are actually poorer than before

c) the local communities remaining supportive of the project; andd) the absence or prevalence of conflicts

14.2 Setting of Monitoring and Evaluation Goals

In order to assess whether these goals are met, RAPs will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The Project Coordination Unit will institute an administrative reporting system that will: ‐ Provide timely information about all resettlement arising as a result of JPIP activities; Identify any grievances that have not been resolved at a local level and require resolution

through the involvement of the JPIP Technical Committee;The Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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Document the timely completion of project resettlement obligations for all permanent and temporary losses;

Evaluate whether all PAPs have been compensated in accordance with the requirements of this RPF and that PAPs have higher living standards in comparison to their living standards before physical or economic displacement.

Alerts project authorities and parties to the necessity for land acquisition in JPIP’s planned activities.

The resettlement process should be monitored consistently with the involvement of the PAPs. The parties will: ‐ Agree the monitoring parameters with the PAPs and involve them in gathering the

information. Using the register, establish a method of tracking down the PAPs depending on their

established socio‐economic setting. Treat each case as a special case for better results. Establish purposes to which cash compensations and non‐cash compensation are

applied to and following the agreed monitoring parameters record the same and take immediate action.

Agree the expected results to the resettlement process with the PAPs and authorities and document the progress.

Prepare periodic reports and disseminate information widely minus personal information of PAPs.

Agree and adhere to a timeframe and milestones for reporting and reviewing progress. There should be no hidden agenda.

14.3 Responsibility of the authorities

The role of the implementing authorities is critical in the ensuring the smooth operation of the Resettlement Policy Framework. The following are important points to observe: ‐ Ensure that there is trust between the PAPs and the authorities throughout the process

by being transparent in every action and sharing information. Being realistic with time frames and sequencing of related activities:

o when registration will be completed,o when assessment will be completed,o when computation of entitlements will be carried out,o when payments will be made by whom and where,o when the acquired land will be vacated and when the contractor will move on site.

Adhering to the agreed and publicized timetable of delivery of compensation is critical. This calls for a deliberate effort to ensure:o Funds for compensation are already set aside and accessible when payment

commences;o The locations for resettlements are demarcated and available for those who opt to be

relocated.The PCT will provide training, technical support and funding to ensure that capacity is established within all parties to facilitate their participation and contribution in M&E.

14.4 Indicators to Determine Status of Affected People

A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of


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participation in project activities compared to before, how many kids in school compared to before, health standards, etc).

Therefore, the resettlement and compensation plans will set two major socioeconomic goals by which to evaluate its success: Affected individuals, households, and communities are able to maintain their pre-project

standard of living, and even improve on it; and The local communities remain supportive of the project.

Specific indicators may include the following which would indicate a change in: quality of, and access to basic services (water, electricity, etc), number of people employed; number of people engaged in income‐generating activities; number of vulnerable people; yield/ produce quantity/quality from farming and livestock access/ distance/ quality of agricultural plots number of people with agricultural plots source of income expenditure patterns (food for livestock, travel etc)

14.5 Indicators to Measure RAP Performance

In order to access whether these goals are met, the resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities.For example the following parameters and verifiable indicators will be used to measure the resettlement and compensation plans performance; Percentage of individuals selecting cash or a combination of cash and in‐kind Compensation; The number of contentious cases as a percentage of the total cases; The number of grievances and time and quality of resolution; The ability of individuals and families to re‐establish their pre‐displacement activities; Number of impacted locals employed by the civil works contractors; General relations between the project and the local communities.

These will be determined through the following activities: Questionnaire data will be entered into a database for comparative analysis coordinated

by the PCT; Each individual will have a compensation dossier recording his or her initial situation, all

subsequent project use of assets/improvements, and compensation agreed upon and received;

The PCT will maintain a complete database on every individual impacted by the project area land use requirements including relocation/resettlement and compensation, land impacts or damages; and the PCT should prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports.

Percentage of individuals selecting cash or a combination of cash and in‐kind compensation,

Proposed use of payments The number of contentious cases out of the total cases The number of grievances and time and quality of resolution


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Ability of individuals and families to re‐establish their pre‐displacement activities, land and crops or other alternative incomes

Mining and agricultural productivity of new lands Number of impacted locals employed by the civil works contractors Seasonal or inter‐annual fluctuation on key foodstuffs General relations between the JPIP project activities and the local communities

14.6 Indicators to Monitoring of RPF Implementation

Financial records will be maintained by the Local Governments and the executing agencies to permit calculation of the final cost of resettlement and compensation per individual or household. Each individual receiving compensation will have a dossier containing: Individual bio‐data information, Number of people s/he claims as household dependents Amount of land available to the individual or household when the dossier is opened.

Additional information will be acquired for individuals eligible for resettlement/compensation: Level of income and of production Inventory of material assets and improvements in land, and Debts.

Local Government Authorities will assist in compiling basic information on all physical or economic displacement arising from the project, and convey this information to the PCT on a quarterly basis.They will compile the following statistics: ‐ Number of project areas requiring preparation of a RAP; Number of households and individuals physically or economically displaced by each sub‐

project; Length of time from sub‐project identification to payment of compensation to PAPs; Timing of compensation in relation to commencement of physical works; Amount of compensation paid to each PAP household (if in cash), or the nature of

compensation (if in kind); Number of people raising grievances in relation to each sub‐project; Number of unresolved grievances.

The PCT will scrutinize these statistics in order to determine whether the resettlement planning arrangements as set out in this RPF are being adhered to. The PCT will directly monitor compensation and loss of wages. The statistics will also be provided to an independent consultant that will be contracted on an annual basis.

A number of objectively verifiable indicators (OVI’s) shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio‐economic status of the PAPs to determine and guide improvement in their social wellbeing. Therefore, monitoring indicators to be used for the RAP will have to be developed to respond to specific site conditions.

As a general guide, the following Table 4 provides a set of verifiable indicators which can be used.


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Table 4: Verifiable IndicatorsCategory and Indicator Baseline TargetEconomic Acreage of land owned Acreage of land leased Acreage under crops Acreage under pasture Income in KES per month Income from crops per

month Income from livestock

products per month Wage income per month Other income per monthSocial Distance (KM) to church

/mosque Distance (KM) to nearest

primary school No. of local associations to

which a PAP is member No. of relatives in household No. neighbours with whom a

PAP shares gifts Type of housing Main source of energy No. of source of informal

creditHealth Distance (KM) to human

water point Type of treatment for

drinking water No. of incidences of

diarrhoea per month No. of incidence of water-

borne diseases per month Amount of money used to

buy medicines and pay hospital bills per month

14.7 Storage of data and information:

Management of data and information is a key factor to ensure that all resettled persons information is kept for future reference and in case a dispute occurs in future. Each time information is missing or takes too long to be found adds misery to the affected especially the vulnerable. It is therefore important that each PAP household will be provided with a signed report recording his or her initial situation, all subsequent project use of assets and compensation agreed upon and received. The PCT and the Local Authority will maintain a complete database on every individual impacted by the project land use requirements including relocation, resettlement and compensation, land impacts or damages.

Each recipient of compensation will have a record containing individual bio‐data, number of household dependents and amount of land available to the individual or household when the report is opened. Additional information to be acquired for individuals eligible for resettlement and/or compensation include the level of income and of production, inventory of material assets and improvements in land and debts.


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Each time land is used by a sub‐project; the report will be updated to determine if the individual or household is being affected to the point of economic non‐viability and eligibility for compensation or its alternatives. These reports will provide the foundation for monitoring and evaluation as well as documentation of compensation agreed to be received and signed for.

14.8 Annual Audit

The annual audit of RPF implementation will include; A summary of the performance of each sub‐project vis‐à‐vis its RAP, A summary of compliance and progress in implementation of the process and; A presentation of compliance and progress in the implementation of the RPF.

The audit will verify results of internal monitoring and assess whether resettlement objectives have been met irrespective of whether livelihood and living standards have been restored or enhanced. The audit will also assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation. Finally, the audit will ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. Annual audit reports will be submitted for scrutiny to the World Bank.

14.9 Socio-economic monitoring

The purpose of socio‐economic monitoring is to ensure that PAPs are compensated and recovering on time. During implementation of each sub‐project RAP, an assessment will be undertaken on payment of compensation, restoration of income delivery of resettlement objectives. Monitoring of living standards will continue following resettlement. A number of indicators will be used to determine the status of affected people and appropriate parameters and verifiable indicators will be used to measure the resettlement and compensation plans performance. For each sub‐project with adverse social impacts, a monitoring and evaluation plan of the mitigation measures will be established. As part of the preparation of each RAP, a household survey will be conducted of all PAPs, prior to physical or economic displacement, and this will provide baseline data against which to monitor the performance of the RAP.

In principle the main indicators to be tracked include the following: Compensation delivery Resolution of grievances and outcomes Land access by type and use Increase or decrease in household assets by type Social stability Health especially of children, women and the elderly Access to public facilities such as health facilities, schools, bridges, markets shades

and banks Rehabilitation of infrastructure and public facilities in furtherance of development

initiatives Level of satisfaction of PAPs with project services in social impact mitigation and

livelihood restoration Number of project affected persons that benefited from the livelihood restoration

programs Availability of resources such as wood, fodder, medicinesThe Judiciary/ Resettlement Policy Framework (RPF) Sept 2012Pan-12-081

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The aim of the socio-economic monitoring plan is to track change due RAP interventions in the lives of PAPs and affected communities and groups. It is always preferred that the monitoring process be as simple and participatory as possible to enable members of communities appreciate the benefits of the JPIP as planned and shared with them in the consultation and participation sessions. Involving PAPS and other stakeholders in monitoring will thus be critical.

15 ORGANIZATIONAL ELEMENTS AND PROCEDURES FOR DELIVERY OF ENTITLEMENTS


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15.1 Overview

The overall coordination of the project will be provided by the Judiciary through the JPIP Technical Committee which will oversee all resettlement planning and coordinate all issues relating to the compensation. Given the importance of the activities under the various subcomponents, JPTC will collaborate with Local Authorities falling within the project area in coordination and implementation. Funding would be processed and effected through the executing agencies established per sub‐project and channeled through the decentralized local governments and will comply with the financial arrangements agreed upon at project appraisal.The compensation process will involve several steps and would be in accordance with the individual project resettlement and compensation plans.

15.2 Specific Roles in the Compensation Procedure

a) Public Participation with the PAPsPublic Participation with the local communities would initiate the compensation process as part of an ongoing process that would have started at the land selection/screening stage and at the time the socio‐economic assessment is being carried. This would ensure that no affected individual/household is simply “notified” one day that they are affected in this way. Instead, this process seeks their involvement and wishes to inform communities in a participatory approach with the project from the beginning.

b) Notification of land resource holdersIn cases where there is clearly no identified owner or user, the respective local authorities and leaders, will notify the community leaders and representatives who will help to identify and locate the land users. These leaders and representatives will also be charged with the responsibility of notifying their members about the established cut‐off date and its significance. The users will be informed through formal notification in writing and by verbal notification delivered in the presence of the all the relevant stakeholders. In addition, the Village Committees and individuals who control land will accompany the survey teams to identify sensitive areas.

c) Documentation of Holdings and AssetsThe Local Authorities, local leaders and PMU (sociologist/ resettlement experts) will arrange meetings with affected individuals to discuss the compensation process. For each individual or household affected, officials will complete a compensation report containing necessary personal information on the affected party and those that he/she claims as household members, total land holdings, inventory of assets affected, and information for monitoring their future situation.This information will be confirmed and witnessed by local elders and Project Technical Implementation Team. The reports will be kept current and will include documentation of lands surrendered and/or impacted. This is necessary because it is one way in which an individual can be monitored over time. All claims and assets will be documented in writing.

d) Agreement on Compensation and Preparation of ContractsAll types of compensation will be clearly explained to the individual or household.The Technical Implementation Team, together with the Local Authorities will draw up contracts, listing all property and land being surrendered and/or assets impacted, and the types of compensation (cash and/or in‐kind) selected. A person selecting in-kind


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compensation will have an order form, which will be signed and witnessed. The compensation contract will be read aloud in the presence of the affected party and the respective Technical Implementation Team, Local officials and other village leaders prior to signing.

e) Compensation PaymentsAll handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, a senior Judiciary Representative, PMU staff, Local Authorities, representative of the PAPs and the community local leaders, among others.

15.3 Community Compensation Payments

It is very unlikely that sub‐projects will take land occupied by physical structures, including community facilities. However, if this situation arises, community compensation will be in‐kind only for a community as a whole in the form of reconstruction of the facility to at least the same standard or equivalent better standard required by local planning regulation. Examples of community compensation include for grazing grounds, school buildings, public toilets, wells or pumps, market places, and community roads.

16 RPF IMPLEMENTATION BUDGET


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The Judiciary will recruit an Environmental and Social Safeguards Specialist (ESSS) to work in the Project Management Unit and oversee the environmental and social issues which emerge during project implementation. The consultants to support the ESSS will be recruited on as needed basis. The capacity building budget for the ESSS will be part of the overall training for the judiciary and will be assigned on as needed basis. A budget in the amount of $1 million has been set aside for the Project Implementation Unit to implement the ESMF, RPF, finance outreach and information dissemination costs and capacity building. The budget will also finance any relevant training. The GoK has also committed to setting aside funds for potential resettlement.

At present, as the locations of project areas have not yet been finalized and the number of PAPs cannot be identified, it is not possible to provide an estimated budget for the total costs of resettlement that may be associated with the implementation of the JPIP project areas. The Judiciary will pay the costs of preparing the safeguard instruments. The full costs of any proposed resettlement activity necessary to achieve the objectives of the project will be included in the total project costs.When the project areas are known, and after the conclusion of the site specific socio‐economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data will be available, detailed and accurate budgets for each RAP will be prepared, using a template provided in Annex 9 of this RPF. The actual cost of resettlement and compensation for each project area will be determined during the socio‐economic study. The RAP for each project area would include an itemized, indicative budget. This budget will be subject to the approval by the World Bank and the JPIP Technical Committee for conformance with the financial management rules.Disbursements based on budgetary requirements, established by the RAP Consultants in consultation with PAPs and local leaders, will be made through the relevant authorities.

REFERENCES


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ACTS-UNEP, 2001. The Making of a framework Environmental Law in Kenya. Acts press, Nairobi, Kenya.

Ahmad, Y. J., and G. K. Sammy. 1985. Guidelines to Environmental Impact Assessment in Developing Countries. Sponsored by the United Nations Environment Programme.

Gardner, K. and D. Lewis (1996) Anthropology, Development and the Post-modern Challenge. London and New York: Pluto Press.

Guijt, I. (1998) Participatory Monitoring and Impact Assessment of Sustainable Agriculture Initiatives. London: International Institute for Environment and Development.

IFC – International Finance Corporation (2002) Handbook for Preparing a Resettlement Action Plan. Washington, DC: International Finance Corporation.

Kenya Republic of (2010) The Constitution of Kenya. Nairobi: Government Printer.

Indigenous People: OP/BP 4.10

Involuntary Resettlement: OP/BP 4.12

United Nations Environment Programme (UNEP). 1996. Environmental Impact Assessment: Issues, Trends and Practice.

The Environmental Management & Coordination Act (EMCA), 1999

The Forests Act, 2005

The Agricultural Act Cap 318

The Land Registration Act, 2012

The Land (Group Representative) Act Cap 287

The Trust Lands Act Cap. 288

The Land Control Act Cap 302

The Local Government Act (Cap. 265)

The Land Adjudication Act, Cap. 284

The Kenya Constitution

The Land Act 2012

Volume 1 of the ERM’s S-ESIA is on Assessment Report for the proposed JPIP

Volume 2 of the ERM’s S-ESIA is on Environmental and Social Management Framework (ESMF) for Court Development for the proposed JPIP


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Volume 3 of the ERM’s S-ESIA is on Resettlement Policy Framework (RPF) for Court Development for the proposed JPIP

World Bank - Involuntary Resettlement Sourcebook – Planning and Implementation in Development Projects

World Bank. 1993. The World Bank and the Environment.

World Bank. 1991. Environmental Assessment Sourcebook. Volume I. Policies, Procedures and Cross-Sectoral Issues. Environment Department. Technical Paper No. 139.

World Bank. 1991. Environmental Assessment Sourcebook. Volume II. Sectoral Guidelines. Environment Department. Technical Paper No.140.

World Bank. 1991. Environmental Assessment Sourcebook. Volume III. Guidelines for Environmental Assessment of Energy and Industry Projects. Environment Department. Technical Paper No.154.

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Client : The JudiciaryProject : Judicial Performance Improvement Project (JPIP)File : Water & EnvironmentLength of report : 86 pagesAuthor : Joshua P. OyiekoContribution : Other Team MembersDate : Sept 2012Name/Initials : iw/jpo


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ANNEXESAnnex 1: TOR for the preparation of an ESMF and RPF for JPIP


KenyaProposed Judicial Performance Improvement Project

Terms of Reference for the preparation of anEnvironmental and Social Management Framework and a

Resettlement Policy Framework

1. Introduction

1. The primary objective of this consultancy is to prepare an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework to be relied upon in the implementation of the proposed Judicial Performance Improvement Project (JPIP). The ESMF is a statement of the policy, principles, institutional arrangements and procedures that the project proponents will follow in the JPIP in addressing environmental and social issues. It is used in the case of projects whose detailed engineering design, precise location and the range of environmental and social safeguard issues involved are not fully known.

2. The JPIP will renovate and construct courts. The Judiciary has through a competition commissioned the designing of a model court which will outline the minimum standards for a court in Kenya. In addition, the Judiciary is conducting a comprehensive inspection of its courts and sites to determine which courts will be rehabilitated and which suitable sites for court construction have land titles. Given the lack of full clarity on the sites and extent of renovations the ESMF is the appropriate framework. The ESMF spells out the World Bank’s environmental and social safeguard policy frameworks, the Borrower’s/Recipient’s institutional arrangements and capacity to identify and mitigate potential environmental and social safeguards issues and impacts of the Project. The ESMF has to be prepared, and cleared by the World Bank and disclosed publicly, in client country and at the World Bank Infoshop before project appraisal.

3. The Resettlement Policy Framework on the other hand is used in cases of projects that have a potential for displacing persons (DPs) in the project areas or impacting their livelihoods. The RPF outline measures to avoid and minimize resettlement as well as assist DPs in their effort to improve or at least restore their standards of living regardless of the legality of the land tenure. The JPIP is not likely to lead to any large scale acquisition of land or denial of access to usual means of livelihood. The project will carry out construction of courts in those areas where the Judiciary has title. However, for due diligence purposes, the Judiciary will prepare and disclose a Resettlement Policy Framework (RPF) prior to appraisal. Like the ESMF, the RPF has to be prepared, and cleared by the World Bank and disclosed publicly, in the client country and at the World Bank Infoshop before project appraisal.


II. Background

ESMF and RPF 2009

4. The JPIP has been under preparation since 2008 but its preparation was put on hold given the prevailing environment in the country and the Government’s commitment to judicial reforms. During its initial preparation, a Strategic Environmental and Social Management Framework (Volume 11) and a Resettlement Policy Framework (Volume III) were prepared by Environmental Resources Management Inc., (ERM). Although these reports contain the necessary information for the preparation of an ESMF and RPF they do they do not adequately cover all the sections or the issues that a standard ESMF or RPF for a project level investment such as the JPIP should address and do not provide a unified systematic guidance required for project implementation. In this regard, the Judiciary is looking for a consultant to review and update the ESMF and RPF. A detailed ESMF and RPF outline consistent with the World Bank requirements for project level investments is attached to guide the review. In addition copies of the ERM reports are available for review.

5. The Republic of Kenya has approached the World Bank to revive the preparation of the JPIP. In line with the new constitution in which the judicial reforms are anchored, the Judiciary has developed a comprehensive judicial reform strategy which takes into account earlier viable reforms and the spirit of the new constitution. This new strategy is commonly known as the Judiciary Transformation Framework (JTF). The JTF is going to govern the reforms in the Judiciary for the next 4 years (2012-2016). The new JPIP is implementing some of the key activities in the JTF and is aligned with the JTF priorities. The objective of the JPIP is to strengthen the capacity of the Judiciary to deliver its services in an effective, transparent, and accountable manner.

6. The JPIP will finance selected areas in the Judiciary’s Strategic Framework and in this regard the components for the JPIP will seek to be aligned with the identified key result areas, taking into account the World Bank’s mandate and policies. Social accountability and specific Governance and Anti-Corruption tools will be mainstreamed into the various components the project and project management. Specifically, this will include third party project monitoring, the involvement of CSOs supervision of the project procurement monitoring and access to project information.


7. The proposed project components consist of:

A. Court Administration and Case Management.

(a) Court Administration- The Court Administration Sub-component will: (i) support an organizational review of the Judiciary taking into account the recent structures proposed by the JTF, and consequent establishment of new management structures, directorates and committees; ii) develop and implement performance appraisal model for the Kenya Judiciary; (iii) support the Judiciary’s leadership, management and staff to enable them to carry out a significant process of change management; (iv) provide research assistants and reference materials to judges and Chief Magistrates; (v) provide technical assistance for the simplification of the rules of civil procedure by creating a simpler version easily accessible to ordinary citizens; (vi) provide support for efficient data recording, storage and management; (vii) provide support to Court Users Committees to convene, develop and implement agreed activities in Court Improvement Plans; and (viii) provide technical assistance for the preparation of a technical paper and implementation of court mandated/annexed ADR. ADR could be limited to the court mandate mediation as long as this could be achieved administratively. In addition, it will strengthen the internal governance and management of the Judiciary including strengthening the capacity building of the new directorates, namely Human Resources, Procurement, Financial Management, etc. among others and strengthening the Office of the Chief Registrar and the Technical Secretariat for the Judicial Service Commission.

(b) Case Management- The Case Management sub-component will build on the IT work undertaken under the Financial Legal Technical Assistance Project and will: (a) scale up the automating of recording of court proceedings and automate registries and digitize court files, (b) establish case tracking and management processes to speed trials and reduce backlogs; this will include automating and rationalizing procedures; and (c) introducing court mandated ADR in order to speed up dispute resolution; and (d) any other mechanisms for reducing the backlog of cases including recruitment of court assizes. The Project will work with the Judiciary to establish the status of the work it undertook to generate data on the backlog of cases and build on the work undertaken to date under the FLSTAP to address the backlog,

B. Judicial Training/Staff Development This component will strengthen the capacity of the Judicial Training Institute (JTI) by financing agreed activities under the JTI Strategic Plan. It will provide a structure for defining the critical competencies of judicial officers and for their on-going training toward those competencies. The component will assist the Judicial Services Commission to: (i) assess and carry out continuous assessments of the competencies for the Judiciary; (ii) conduct and update previous assessments of the training needs of the different categories of personnel within the Judiciary, e. g. paralegal staff, court administrators, magistrates and judges;


(iii) review the progress to date on the performance of the Judicial Training Institute and identify areas for strengthening its capacity to deliver timely and relevant training to improve the capacity of the judicial officers; (iv) develop and implement relevant training; and (v) purchase equipment and software to enhance its performance. The modalities of conducting judicial training will be reviewed with the Judicial Service Commission, and will include the possibility of outsourcing training services or developing partnerships with universities and law schools. In order to strengthen the technical capacity for research, interpretation and analysis by judges and magistrates, the Project will also design and implement a program for judicial clerks to work closely with the Judiciary, court clerks and other researchers. This component will be implemented by the Judicial Training Institute.

C. Court Infrastructure This component will on the basis of agreed criteria for the selection of sites for courts construction and rehabilitation, assist the Judiciary in constructing new courts and rehabilitating existing ones. It will also finance the supply and installation of the necessary court IT to promote expedient delivery of services.

D. Project Management This component will finance the project management aspects of the project including the PIU staff and the Independent Fiduciary Agent. It will alsothe carrying out public opinion and court users surveys for progress monitoring.

III. Objectives and Scope of the ESMF and RPF 8. The JPIP will trigger two of the World Bank’s 10 Safeguard Policies namely:

(a) Environmental Assessment (OP/BP 4.01 ): Investments may need Environmental Assessments (EA) and/or Environmental Management Plans (EMPs) before approval. The principle objective of OP/BP 4.01 is to ensure that World Bank-financed projects are environmentally sound and sustainable and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. The policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts in its area of influence. OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and transboundary and global environment; and

(b) Involuntary Resettlement (OP/BP 4.12 ): – Involuntary land acquisition or restriction of access to resources will need to be managed through a Resettlement Policy Framework. The application of this policy will depend on how land will be acquired for construction of the courts. . Critical to the Project, the policy covers not only physical relocation, but any loss of land or other assets resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; and (iii) loss of income sources or means of livelihood, whether or not the affected people must move to another location.


IV. Scope of Assignment

9. The key tasks of the consultant will be to review the ERM reports and remove the relevant information for incorporation in the proposed frameworks for the ESMF and RPF according to the outline provided to the consultant. The consultant will organize the information to take into accounts the requirements and main task which will be:

(a) on the ESMF to formulate an appropriate Environmental and Social Management Framework which is: (i) consistent with all relevant Government of Kenya legislative, regulatory and administrative regime (e.g. pollution control, occupational health, environmental management, land acquisition and use, protection of cultural heritage) that the Project will operate within, with a focus on requirements that will apply to the planning, approval and implementation of project area activities; and (ii) consistent with relevant World Bank Operational and other policies (such as World Bank OP/BP 4.01). See Annex B for a sample toolkit for preparation of an ESMF.

(b) on the RPF to: (i) establish the resettlement and compensation principles and implementation arrangements; (ii) describe the legal and institutional framework underlying approaches for resettlement, compensation and rehabilitation; (iii) define the eligibility criteria for identification of project affected persons (PAPs) and entitlements; (iv) describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and provide procedures for filing grievances and resolving disputes. The Resettlement Policy Framework to be developed under this project will accord with Kenya legislation and regulations and with World Bank Operational Policy 4.12, on Involuntary Resettlement. The outline for the RPF will follow that provided in OP 4.12, Annex A (see Annex 2 of the attached Annex B).

V. Outputs and Timeline

The following outputs are expected:

(a) An Inception Report confirming the consultants approach to the assignment and the availability of agreed experts for the duration of the assignment -- within one week of signing of the contract).

(b) An environmental, social and resettlement due diligence report covering tasks within one month of signing of the contract.

(c) An ESMF which addresses the requirements for the proposed JPIP – within 1 month of signing of the contract.

(d) A Resettlement Framework which addresses the requirements for the proposed JPIP – within 1month of signing of the contract.

(e) The assignment is expected to be completed within 1 month.


VI. Team and level of effort

10. The consultant will be responsible for the total assignment but may engage sub-contracted resources to carry out some of the tasks, as appropriate. It is expected that the following competencies and resources will be required. The consultant may however propose a different resource utilization to maximize team effectiveness, with appropriate rationale.

11. The work must be undertaken by a team led by a Senior Environment and Social Sector Specialist with the following background:

Masters degree or higher in a relevant discipline; and At least 10 years working experience in a relevant field especially with: (a)

projects covered by the National Environmental Management Act and EIA guidelines and procedures of the Republic of Kenya; (b) World Bank-supported projects in the area of environmental / social assessment and review and approval procedures for development projects in Kenya; and (c) previous working / consulting experience in Kenya and/or East Africa.

The other team member must have skills and experience in resettlement related work, preparation and/or overseeing implementation of environment and social safeguards and/or resettlement; familiar with the operations in Kenya; and experience working on infrastructure as well as project implementation and management.

VII. Reporting and Input from the Client

12. The Consultant will report to a designated official within the Judiciary, who will provide an introductory letter to the Consultant for the assignment, and during the assignment respond to any questions submitted in writing. The Consultant will make all travel, meeting, and other necessary arrangements for the assignment.


Annex 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP)


This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank external website [

The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context.

A broad outline of the RAP, as applied to project areas covered under a RPF includes, but is not limited to, the following:

Description of the project area: General description of the project area activities and identification of project area activity site or sites.

Potential Impacts: Identification of the: (i) the project activity components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation.

Objectives: The main objectives of the resettlement program as these apply to the project areas.

Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering:

(i) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance;

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

(iii) Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic;

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

(v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions.


There may be other studies that the RAP can draw upon, such as those describing the following:

(i) Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area;

(ii) Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the project area activity;

(iii) Public infrastructure and social services that will be affected; and(iv) Social and cultural characteristics of displaced communities, and their host

communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

Legal Framework: The analysis of the legal and institutional framework should cover the following:

(i) Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc;

(ii) Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the project area;

(iii) Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc related to displacement and resettlement, and environmental laws and social welfare legislation;

(iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in the project areas;

(v) Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and the mechanisms for addressing such gaps; and

(vi) Legal steps necessary to ensure the effective implementation of RAP activities in the project areas, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc and which are specific to the project areas.

The institutional framework governing RAP implementation generally covers:

(i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation;

(ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and

(iii) Activities for enhancing the institutional capacities of agencies, offices, and civil


society groups, especially in the consultation and monitoring processes.

Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.

Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates).

Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information.

Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following:

(i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;

(ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;

(iii) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and

(iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled.

Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described.

Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

Community Participation: Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include:

(i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities;


(ii) Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and

(iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing 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

(iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including ethnic minorities, landless, children and youth, and women) are adequately represented.

The consultations should cover measures to mitigate the impact of resettlement on any host communities, including:

(i) Consultations with host communities and local governments;(ii) Arrangements for prompt tendering of any payment due the hosts for land or

other assets provided to PAPs;(iii) Conflict resolution involving PAPs and host communities; and(iv) Additional services (e.g. education, water, health, and production services) in

host communities to make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms.

RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc).

Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project.

Costs and budget: The RAP for the specific project areas should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of


funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement.

Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation.


Annex 3: Sample of Household Questionnaire


Project Name: ______________________________________________________

HOUSEHOLD QUESTIONNAIRE: SURVEY OF AFFECTED HOUSEHOLDS

(Strictly Confidential)

Name of Interviewer……………………………………………….Date…………………..

Demographics:

1. Name of Respondent…………………………………Male/Female………….

2. Age…………… (Yrs) ID/Passport No…………………………………

3. Level of Education (Please tick one) Primary Secondary Post Secondary

4. Religion………………………………Tribe:……………………………..

5. Main occupation…………………….......…… Income (Ksh) ……………. per month

6. Contacts: Mobile No…………………………Postal Address…………………………...

Village/Estate:…………………………..Sub-location:……………………

Location:……………………...District:……………………County:……………………

GPS coordinates A) Geographic.………………………........B) UTM…………….…

7. Status: Private landowner……………………….Leasing land…………….

Squatter…………………….Other…………………….

8. How many people live in your household (Dependants to HH)……………………Provide Details belowName Sex

(M/F)Age(Yrs)

Level of Education

Occupation Relationship with HH Head

9. Are there people in the household with special needs (Elderly, Disabled, Windowed, Orphaned or HIV +ve)………………. If Yes, indicate …………………………………………………………………………………………………………………………………………………………………………………………..


Land:

10. How long have you lived in this place? …………………………….

11. What is the size of the land occupied and used by the household?……………(M2)(Confirm by measurement or by title document).................................................................................................................................

12. What is the size of the land is affected by the proposed project?……………(M2)

13. Have there been conflicts over this land(Y/N)? …….. If yes, how were they resolved?..................................................................................................................................................................................................................................................

Structures:

14. What type of main house do you live in? (circle) Semi permanent/ Permanent……..

Area occupied by the main house……………… (M2)

15. No. of structures & Installations in the compound………………………

Structure Name Construction Material Floor area (M2) Value (KES)Wall Roof Floor

16. Is the house connected to electricity? Yes/No…………..

17. If no, what is your source of energy: For lighting? ……………. For cooking? ……………….. Heating? ……………..

18. Is your house connected to the city sewerage system? Yes/No………. If no, how is human waste disposed of……………………………………………………………….....

19. Is your house connected to piped water? Yes/No………. If no, what is your source of water? ……………………………………………………………………….

Livelihoods:

20. Other sources of income?Source of Income Location Income Per Month (KES)


21. Physical structure for business or rental use(s)Type Use Size (M2) Value (KES) Ownership

22. Do you own the structure (s)? Yes/No

23. Are you the (sole) owner? YES/NO

24. If not, where does the (other) owner live? …………………..

25. If you let, what is the rent paid per month? KES…………….

26. How many people do you employ in the business? ………

Name of Employee Identity Card No. Wages per Month (KES)

27. What is the KES value of the stock? ……………………..

28. Do you own livestock? Yes/No. If yes, how many?

Type of Livestock Number KES Value

29. Do you cultivate crops on your land? Yes/No.

Type of Crop Acreage KES Value

30. Do you have trees on your land? Yes/No. If yes give details belowType of Trees Size (Circ & Height) KES Value

Health & Community Participation


31. What health services exist in your community………………….…..

32. Approximate distance to the health facility? …………….……(Km)

33. What are the most common diseases found in the area? ………………………………………………………………………………………………………..

34. What measures do you have to curb/contain these diseases? ………………………………………………………..……………………………………………………………………………………………………………………………….

35. Do you have anyone in your household who is terminally ill? Yes / No.If Yes explain………………………………………………………………………………

36. Are you actively involved in any group (self-help/women’s group/men’s group other); specify……………………………………………………...………………………..

37. Have women been given a chance to participate in leadership and decision making positions in your community? YES/NO

38. What development projects are going on in the area, and how successful are they? ………………………………………………….

Public Institutions/ Community Structures

39. What Public facilities are there in your neighborhood? Schools, Hospitals, Place of Worship, Cattle Dip, Market Centre, Watering Point and Grazing area

40. Which of these are utilized by members of your household?: ..................................................

41. Do you anticipate that the purposed project will affect your use of these facilities or your easy access to them? If yes, explain: ………………………………………………………………………………………………

Attitude to the Project:

42. Have you heard about this project before? Yes/ NoIf Yes, from whom?

43. What are your views regarding the proposed project (describe briefly)?…………………………………………………………………………………………………………………………………….………………………………………………………

44. What impact do you this project will have on your?...............................................................................................................................................................................................................................................................


Positive Impacts Negative Impacts

45. Incase of negative Impacts what mitigation measures would you propose? ..................................................................................................................…………………………………………………………………………………….

46. Which are your expectations from the project?: ..............................................................................................................................

47. Which aspects of cultural, sacred and archeological sites might be threatened by the project? Name and exact location………………………..……………………..……………………..……………………..……………………..……………………..

48. What challenges do you think the proposed project will face during construction, commissioning and operation? Expand………………………………………………………………………………………………………………………………………………………………………………………………

49. Do you approve or disapprove the proposed project………………………..

50. What roles and contributions/sacrifices is your community willing to make for the proposed project? E.g. If the project has to pass through your land can you give up your land if offered compensation …………………………………………………

51. If the affected by the project and are required to relocate after compensation, where would you like to be resettled? Give possible resettlement options:………………………………………………………………………………………………………………………………………………………………………………………

52. Would you prefer land for land compensation or cash for land compensation?...................................................................................................................................................................................................................................................


Annex 4: Sample Census Survey Form and Compensation Matrix


Sample Household Interview Form and Compensation Matrix

NR

NAME OF ASSET OWNER/ HOUSEHOLD HEAD GENDER

MARITAL STATUS

AGE (YRS)

LEVEL OF EDU OCCUPATION ID NO. TEL. NO. ADULTS CHILDREN

TYPE OF STRUCTURE

SIZE OF STRUCTURE (M2)

VALUE OF STRUCTURE (KSHS)

TOTAL SIZE OF LAND (M2)

SIZE OF AFFECTED LAND (M2)

VALUE OF LAND (KSHS)

TYPES OF CROPS & TREES

VALUE OF CROPS & TREES

TOTALS


Annex 5: Sample Grievance and Resolution Form


SAMPLE GRIEVANCE AND RESOLUTION FORM

Name (Filer of Complaint):__________________________________

ID Number: __________________________________ (PAPs ID number)

Contact Information : __________________________________(Village ;mobile Phone)

Nature of Grievance or Complaint: __________________________________________________________________________________________________________________________________________________________

Date Individuals Contacted Summary of Discussion

Signature_______________________ Date: ____________Signed (Filer of Complaint):_______________________________________________________Name of Person Filing Complaint :__________________________( if different from Filer)Position or Relationship to Filer: __________________________________

Review/ResolutionDate of Conciliation Session: ______________________________________Was Filer Present? : Yes NoWas field verification of complaint conducted? Yes NoFindings of field investigation: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________Summary of Conciliation Session Discussion: __________________________________________________________________________________________________________________________________________________________

Issues____________________________________________________________________________________________________________________________________________________

Was agreement reached on the issues? Yes NoIf agreement was reached, detail the agreement below:If agreement was not reached, specify the points of disagreement below:_____________________________________________________________________________

Signed (Conciliator): ___________________________ Signed (Filer):

Signed: ___________________________Independent Observer

Date: ___________________________


Annex 6: Sample of Register of Participants at RAP Public Consultation Meeting


SAMPLE OF REGISTER OF PARTICIPANTS AT RAP PUBLIC CONSULTATION MEETING

Name of Project: _________________________________________

Date of Meeting:__________________________________________

Venue of Meeting: _________________________________________

Item Name of Participant Position Organization E-Mail Address Telephone Contact Signature

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.


Annex 7: An Outline of Agenda of Public Consultation Meetings


PUBLIC CONSULTATION MEETING

AGENDA

RESETTLEMENT ACTION PLAN (RAP) FOR PROPOSED PROJECT

DATE______________________

1. A word of prayer by one of the participants.

2. Introduction of the participants and filling of the attendance Register.

3. Purpose of conducting the Public Consultation Meeting with relevant stakeholders.

4. Introduction of the proposed project , its various components, expected impacts and tentative implementation timelines

5. Views of the Participants on the Proposed Project.

6. Closing Remarks by Consultant and Local Administration.

7. Filling of the RAP Questionnaires.

8. A.O.B.

9. Closing Prayer.


Annex 8: Sample Resettlement Action Plan (RAP) Stakeholder Questionnaire


SAMPLE RESETTLEMENT ACTION PLAN (RAP) STAKEHOLDER QUESTIONNAIRE

To be filled by Stakeholders within the Proposed Project Area

Name of Proposed Facility/Project: ________________________________________

Location of Project: ________________________________

Name of Stakeholder:____________________________________________________

ID No. of Stakeholder: _____________________Tel: __________________________

Signature of Stakeholder______________________ Date: _____________________

1. Has the proposed Facility/Project been mentioned to you before?

2. What do you like about the proposed Project?

3. What do you dislike about the proposed facility/Project? Please explain

________________________________________________________________

4. How do you think the proposed Project will affect the local community? _______________________________________________________________________________________________________________________________

5. What improvements should the project developers include to reduce effect to the local community?

6. Any other relevant comments related to the proposed facility.

End - Thanks


Annex 9: Sample Budget Items for RAP


SAMPLE BUDGET FOR RAPNO ITEM (DETAIL AS APPROPRIATE COMMENTS KSHA. COMPENSATION1. Compensation for Agricultural Land

(Land Owners Only)Based on average price per hectare as per the market survey x No of Ha of all Affected land owners

2. Compensation for Destruction and lost crop production (owners and tenants)

Based on average production and rates provided by Ministry of Agriculture

3. Compensation for loss of dwellings (Buildings) and Structures

Based on replacement value

4. Compensation for housing plots (individual and community)

Based on average price of land per ha x No of Ha of all Affected Plot owners

5.Compensation for trees

Based on inventory of trees per affected households and market value per variety

6.Compensation for loss enterprises

Based on estimate of revenue loss during Relocation of enterprise to a new site

7. Compensation for loss of access to pastoralists, fishing etc

Based on the resources lost due to relocation

8. Contingencies - other compensation (e.g. moving, disturbance allowance)

A standard allowance based on the enterprise / house value

TOTAL COMPENSATION COSTB. RESETTLEMENT SITE1. Land acquisition for resettlement Based on the area and current

market value per ha2.

Cost of Site planning and development of resettlement land

Based on the current rates of land development costs (surveying, demarcation, registration, master plan development etc)

3. Infrastructure Drainage & Sewerage, roads, security, community centres etc

4. Housing construction Based on the current rates of construction

TOTAL RESETTLEMENT COSTC. ADDITIONAL MITIGATION

MEASURES1.

Livelihood restoration measuresCompensation for loss of income to match pre- existing conditions

2. Vulnerable groups Cost of special assistance to support vulnerable groups

3. Coordination of additional mitigation measures

Cost of training, assistance to job training etc

4. Grievance dispute mechanism/process

Cost of setting up grievance / screening process


TOTAL COST OF MITIGATION MEASURES

D. CAPACITY BUILDING AND IMPLEMENTATION

1. Surveying and asset identification Cost of surveying services to establish land ownership

2. Valuation Cost of land valuation3. Coordination and supervision of

worksOverhead costs to coordination of activities in the field

4. Legal advice Cost of legal services5. Monitoring and Evaluation Cost of M&E per quarter x no of

quarters for monitoring6.

Capacity- Building/Training/Technical Assistance

Cost of training the local people and assistance required during project implementation such as credit etc

TOTAL CAPACITY BUILDING & IMPLEMENTATION COST

E. OPERATIONS

Salaries Management, junior staff involved in RAP process

Office / Administration Cost of equipment, supplies and communications

Transportation Includes cost of vehicles and maintenance

Consulting services

RAP Preparation including mapping, census and surveys, consultation, M&E Framework etc

Miscellaneous Travel allowances, public meetings, etc

TOTAL OPERATIONS COST

TOTAL A - EADDITIONAL CONTINGENCIES (10% OF TOTAL COST)GRAND TOTAL

Annex 10: Field Site Survey Report


Field Site Survey at Kajiado Law CourtsDate of Visit Tuesday July 10, 2012Officers Met Patrick A. Olengo, Principal Magistrate (Contact - 0722 571707)

John Odhiambo, Chief Executive Officer (Contact - 0721 586844)Law Courts Status

The Law Courts are located on a piece of land allocated to Judiciary. The court building is old, built before independence. There are two building structures.The courts are served by a Principal Magistrate, Senior Resident Magistrate and a Resident Magistrate. The Law Courts have an additional 13 paralegal staff. A small part of the land belonging to Kajiado Law Courts has been hived off and is being occupied by other GoK offices namely NSIS and Probation. The land has been under Kajiado County Council. Kajiado Law Courts wrote to the Registrar in 2011 requesting for the land to be gazetted in preparation for issuance of Land Title. Water is a major challenge. There is no piped water hence the court has to make local arrangement to have water for office use;Facilities available within the court compound are: Main Court Building that houses the following

o 1 Court Roomo 3 Chambers for the Principal, Magistrate, Senior Resident Magistrate

and Resident Magistrateo Registryo Accounts Officeo Holding Cello Toilet Facility for Principal Magistrate

Small Building that houses Offices for the Court Clerk and Chief Executive Officer Pit Latrine with 4 Units (One Toilet is used by Staff and one is used by convicts and the

general Public) The other two units are used as store for exhibits)Observations Two chambes are sometimes used as Courts

The Kajiado Law Court compound is not fenced exposing the facilities to theft. There is only one Security Officer posted to Kajiado

New Courts Proposed prefab be constructed within the existing compound Land Size is approximately 1.5acres. Part Development Plan (PDP) availed.. Space for the proposed prefab building is currently vacant and used as parking area To provide adequate space for the proposed prefab building, the small office building that

houses the Chief Executive Officer and Court Clerk may need to be demolished.

Field Site Survey at Tawa Law Courts


Date of Visit Friday July 6, 2012Officers Met Richard Mbaka, Assistant Executive Officer (Contact - 0726 697421)Law Courts Status

This law Court is in Makueni County. It serves Mbooni West and Mbooni East Districts.The Law Court Buildings (which are structurally condemned) are on their own compound. The court buildings are decent due to continued and proper maintenance. The courts are served by Senior Resident Magistrate; a Resident Magistrate has been posted to the court and is reporting in a week’s time and additional 11 paralegal staff. The land that has been allocated to the Judiciary was initially allocated to Tawa Sub District Hospital but is now being transferred to the Judiciary. It is currently held in trust by the Makueni County CouncilWater is a major challenge. There is piped water but the taps are generally dry and have to make local arrangement to have water for office use;Facilities available within the restricted area are: Chamber for the Senior Resident Magistrate Court Room for the Senior Resident Magistrate Criminal/ Traffic and Inquest Registry Civil Registry Cash Office Assistant Executive Officer Office Secretary’s /Reception Office

Observations There is no holding cell making it difficult and risky to handle criminals before they are produced in court.

New Courts To be constructed in the compound of the existing courts Land Size is slightly over 1 acre. Proposed Space is currently open with plants like Pawpaws belonging to the Courts

Field Site Survey at Bomet Law Court


Date of Visit Thursday July 5, 2012Officers Met Ms Virginia Karanja – Resident Magistrate (Contact - 0728 359399)

Mr. Moses Obonyo - Executive Officer (Contact - 0723 063092)Law Courts Status

The Law Courts are temporarily housed at the DC office. The courts are served by 2 Magistrates; Senior Principal Magistrate and Magistrate and additional 13 paralegal staff. Currently the court is assigned to serve a population from Bomet and Chepalungu District which is estimated to be 397,104 (Bomet District pop as per 2009 population census)Facilities available within the restricted area are: Chamber for the Senior Principal Magistrate Court Room for the Senior Principal Magistrate Criminal/ Traffic and Inquest Registry Civil Registry Cash Office Executive Officer Office Secretary’s / Typist Office Senior Principal Magistrate Chamber / Court Room Makeshift Holding Cell

Observations Due to the fact that the facilities are being provide by the Provincial Administration, they are very squeezed. They are soon being required to vacate and provide room for the County Officers.

New Site Land already available at a different location approx 400m away (South West) from the Provincial Administration where the current courts are housed. Land is provided by Municipal Council of Bomet.

Land Size is 0.8 Ha. Part Development Plan (PDP) availed. To be used for construction of High Court for Bomet County and Magistrate Courts Land is currently vacant and fenced by barbed wire Title Deed processing is underway and should be ready by end of 2012


Annex 11

Indicative Lists of Courts to be Newly Constructed and Rehabilitated (there may be additions and/or deletions to this list).

Court Type CountyNew Construction

1. Kakamega High Court Kakamega

2. Lunga Lunga Magistrate Mombasa

3. Nanyuki High Court Laikipia

4. Ngong/Rongai High Court Kajiado

5. Garissa High Court Garissa

6. Kapsowar High court/Magistrate

Elgeyo Marakwet

7. Kabete Children’s Court Kiambu

8. Bomet High Court Bomet

9. Nakuru High Court Nakuru

10.Makindu Magistrate Makueni

11.Nyando Magistrate Kisumu

12.Kisii High Court Kisii

13.Machakos High Court Machakos

14.Molo Magistrate Nakuru

15.Homabay High Court Homa Bay

16.Nkubu Magistrate Meru

17.Karaba Magistrate Embu

18.Othaya Magistrate Nyeri

19.Mukurweini Magistrate Nyeri


20.Tamu Court Magistrate Kisumu

21.Bondo Magistrate Kisumu

22.Kasarani Magistrate Nairobi

Rehabilitation

Court Type County

1. Kitui Magistrate Kitui

2. Tawa Magistrate Makueni

3. Kigumo Magistrate Muranga

4. Hola Magistrate Tana River

5. Garsen Magistrate Tana River

6. Kapsowar Magistrate Elgeyo Marakwet

7. Kabete Children's Court Magistrate Kiambu

8. Bomet Magistrate Bomet

9. Mpeketoni Magistrate Lamu

10. Marimanti Magistrate Tharaka Nithi

11. Eldama Magistrate Nakuru

12. Kabarnet Magistrate Baringo

13. Kasarani Magistrate Nairobi

14. Kapswokony Magistrate Bungoma

16. Lokichar Magistrate Turkana

17. Budalangi Magistrate Busia

18. Lunga Lunga Magistrate Mombasa

19. Archer Post Magistrate Samburu


20. Kisii Magistrate Kisii

21. Kibera Magistrate Nairobi

22. Vihiga Magistrate Vihiga
