SEPTEMBER 2015
Abbreviated Resettlement Action Plan for
Infrastructure Upgrading of Talai, Swahili Village,
and Motobo Informal Settlements, Kericho County
CONSULTANCY FOR SOCIO ECONOMIC SURVEYS, INFRASTRUCTURE UPGRADING PLANS,
ENGINEERING DESIGNS, PREPARATION OF BIDDING DOCUMENTS, ENVIRONMENTAL
IMPACT ASSESSMENTS AND RESETTLEMENT ACTION PLANS IN INFORMAL
SETTLEMENTS
CLUSTER 2- ELDORET, KERICHO, EMBU, KISUMU AND NAKURU TOWNS
CONTRACT NO. MH/KISIP/CS/003/2012-2013
i
FACT SHEET
Project Name
Kenya Informal Settlements Improvement Project (KISIP)
Assignment Name
Consultancy for socio-economic surveys, infrastructure upgrading
plans and detailed engineering designs in informal settlements
Lead
Implementing Ministry of Lands, Housing and Urban Development
Agency
Funding Agencies
Government of Kenya, World Bank, AFD, SIDA
Consultants
GA Consultants, Pamoja Trust and IPE Global
Start Date
May 12th 2014
Completion Date
May 12th 2015
Team Leader
Eng. Sam Kibunja
Deputy Team Leader
Eng. Ben Omore
Target settlements
Kericho County

Laibon/Talai settlement

Motobo settlement

Swahili settlement
ii
This Abbreviated Resettlement Action Plan (RAP) for Infrastructure Upgrading of Motobo,
Swahili Village, and Talai Informal Settlements, Kericho County has been prepared
under
Consultancy Services for Socio-economic Surveys, Infrastructure Upgrading Plans, Engineering
Designs, Preparation of Bidding Documents, Environmental Impact Assessments and
Resettlement Action Plans in Informal Settlements by GA Consultants Ltd in Joint Venture with
Pamoja Trust and, in Association with IPE Global on behalf of the Kenya Informal Settlements
Improvement Project (KISIP).
Report Prepared by:
Signed ………………………..…….Date……………………….
GODWIN SAKWA LIDAHULI
LEAD EXPERT NEMA REG NO. 2492
Checked by;
Full name of Authorized representative:
Signed ……………………………Date………………………….
ENG ELISHA AKETCH
GA CONSULTANTS LIMITED IN ASSOCIATION WITH PAMOJA TRUST & IPE
GLOBAL
Client
Signed …………………………….Date………………………….
KISIP – COORDINATOR
MINISTRY OF LANDS HOUSING AND URBAN DEVELOPMENT
iii
LIST OF ACRONYMS
AFD………………………............
CBOs…………………….............
EA ………………………..............
ESIA………………………............
EMSF………………………...........
CG…………………………............
CGRC................................ .............
Committee
KERRA……………………...........
KISIP………………………............
KURA……………………..............
MoLH&UD………………..............
Development
MOPAP............................ ..............
NLC………………………............
NEMA……………………............
NGO’s………………………..........
OP…………………………............
PAD……………………….............
PAPs ………………………...........
PIU …………………………..........
PCR……………………….............
PPP…………………………...........
RAP………………………...............
RPF…………………………...........
SEC…………………………..........
SIDA……….……………..............
Agency
SWM………………………...........
SUP………………………............
TAPAP............................. ..............
WB………………………..............
Agence Française de Development
Community Based Organizations
Environmental Assessment
Environmental Social and Impact Assessment
Environmental and Social Management Framework
County Government
Community
Grievance Redress Settlement
Kenya Rural Roads Authority
Kenya Informal Settlements Improvement Project
Kenya Urban Roads Authority
Ministry of Lands Housing and Urban
Motobo Project Affected Person
National Land Commission
National Environment Management Authority
Non-Governmental Organizations
Operations Policy
Project Appraisal Document
Project Affected Persons
Project Implementation Unit
Physical Cultural Resources
Private Public Participation
Resettlement Action Plan
Resettlement Policy Framework
Settlement Executive Committees
Swedish International Development Cooperation
Solid Waste Management
Settlement Upgrading Plans
Talai Project Affected Person
World Bank
iv
LIST OF TABLES
Table 1-1 Sub Projects and anticipated Resettlement Impacts ...........................................................17
Table 2-1: Public Meeting Held at Within Settlements on 3rdand4th November 2014 .......................24
Table 2-2: PAPs Open Meeting Held at (Presentation of Draft Settlement Upgrading Plans, ESIA
and RAP) .................................................................................................................................................25
Table 3-1: Relevant Laws Related To Resettlement ............................................................................27
Table 3-2: Statutory Institutions with Roles in the RAP process ........................................................29
Table 5-1 Type and Numbers of Structures ..........................................................................................36
Table 5-2 Residence of the PAPs...........................................................................................................38
Table 5-3 Project Affected Persons losing Income ..............................................................................39
Table 5-4 Project Affected Persons per Settlement ..............................................................................39
Table 6-1: Entitlement Matrix ...............................................................................................................42
Table 8-1: RAP Monitoring Plan ...........................................................................................................49
Table 9-2: RAP Implementation Schedule ...........................................................................................57
Table 10-1 RAP Budget (Ksh) ................................................................................................................58
LIST OF FIGURES
Figure 4-1, Location of the Settlements in Kericho County............... Error! Bookmark not defined.
Figure 4-2 Map of the three Target Settlements in the Kericho Town ...............................................22
Figure 5-1; Materials used to make structures......................................................................................37
Figure 5-2; Type of Business in the settlements ..................................................................................38
v
EXECUTIVE SUMMARY
The Ministry of Land, Housing and Urban Development is implementing the Kenya Informal
Settlements Improvement Project (KISIP) in 14 counties. Kericho is one of the Counties chosen
to participate in the project. The project is jointly financed by the World Bank, the Swedish
International Development Agency (SIDA), the French Agency for Development (AFD), and the
Government of Kenya (GoK). The project’s development objective is to improve the living
conditions of people living in the informal settlements through securing land tenure and provision
of infrastructure and services.
In Kericho, KISIP has proposed to implement infrastructure improvement projects (roads and
drainage, and flood lighting) in three informal settlements namely, Motobo, Swahili Village, and
Talai as proposed and prioritized by the communities. The environmental and social screening of
the proposed projects established that it is only in Motobo and Talai settlements where minor
displacements of structures and livelihoods will be experienced. Since, Project Affected Persons
are less than 200; an abbreviated RAP has been prepared in line with OP 4.12. Moreover, no
private land will be expropriated as all the affected assets are encroachments on designated public
way leaves.
The preparation of this RAP involved review of key documents including the Project Appraisal
Document (PAD), Resettlement Policy Framework (RPF), a separate socio-economic survey
report for the settlements prepared during project conceptualization, the survey plans, and
Physical Development Plans (PDPs). Moreover, the methodology also involved field work;
consultations with the community, project affected persons, and other stakeholders; socioeconomic survey of the PAPs, census of affected assets and persons; valuation; and preparation of
PAP registers.
Consultations with the PAPs have been undertaken to discuss and agree on the mitigation options.
The PAPs recognize that they illegally occupy land reserved for infrastructure development
particularly roads and are willing to remove their structures and temporal businesses to pave way
for the project. The population affected by this project includes people occupying land on the
road reserve in violation of Kenyan laws. These groups of people; who are often referred to as
vi
encroachers, are not entitled to compensation for loss of land under both the OP 4.12 and the
government of Kenya laws. However, they are entitled to compensation for any improvement
made to the land as well as to resettlement assistance to an area where they can live legally if they
occupied the project area before an established cut-off date.
A census of the Project-Affected Persons (PAPs) was undertaken and a PAP Register prepared. A
total of 54 persons will be affected by the project distributed as follows: Motobo (42), Swahili
Village (0) and Talai (12). 7 of the PAPs were identified as vulnerable either from physical
impairment or widowed and poor. The kinds of losses identified are temporary structures, house
extensions erected on way leaves, and temporary market stalls. The floodlights will be placed on
public land that is available and drainage runs parallel to the roads being upgraded, so there will be
no additional displacement impacts.
A valuation of the affected assets and livelihoods has been undertaken and an entitlement matrix
and compensation package proposed in this RAP. Approximately Kshs. 973,205.21 (USD
9,856.72) has been provided as a budget to implement the RAP.
The project will not result in large scale disruptions of livelihoods and displacement as it is
upgrading existing infrastructure (roads and drainage), and the design follows the designated way
leaves. It will not result in loss of land and the need to compulsorily acquire private land. On the
contrary, the construction of the proposed infrastructure (roads, drainage and security lighting)
will greatly improve the living conditions of the inhabitants in all the three settlements. With the
implementation of mitigation measures, including those proposed in this RAP, the overall social
impacts of the project will be minimal. The project will also offer significant socioeconomic
opportunities for communities and the population of the area.
vii
TABLE OF CONTENTS
FACT SHEET ..............................................................................................................................................ii
LIST OF ACRONYMS .............................................................................................................................iv
LIST OF TABLES.......................................................................................................................................v
LIST OF FIGURES ....................................................................................................................................v
EXECUTIVE SUMMARY ......................................................................................................................vi
1. INTRODUCTION .............................................................................................................................. 16
1.1 Background ............................................................................................................................................ 16
1.2 Project Information .............................................................................................................................. 17
1.3 Project Impacts ...................................................................................................................................... 18
1.4 Statement of the Problem and Need for RAP .................................................................................. 19
1.5 Objectives of RAP ................................................................................................................................ 19
1.6 Scope of the RAP .................................................................................................................................. 19
1.7 Minimizing Impacts of Resettlement ............................................. Error! Bookmark not defined.
2.0 THE RAP PROCESS ....................................................................................................................... 21
2.1 Introduction ........................................................................................................................................... 21
2.2 Approach and Methodology ............................................................ Error! Bookmark not defined.
2.3 Valuation of Assets ............................................................................................................................... 25
3.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ............................................. 27
3.1 Applicable GoK Policy and Legal Framework ................................................................................. 27
3.2 World Bank Safeguard Policies ........................................................................................................... 28
3.3 Gaps between OP 4.12 and GoK Policies .................................... Error! Bookmark not defined.
3.4 Institutional Responsibilities for RAP Implementation .................................................................. 29
4.0 SOCIO - ECONOMIC PROFILE OF THE AFFECTED PERSONS ............................ 22
4.1 Introduction ....................................................................................... Error! Bookmark not defined.
4.2 Motobo Settlement ........................................................................... Error! Bookmark not defined.
4.3 Talai Settlement ..................................................................................................................................... 25
5.0 RESETTLEMENT IMPACTS AND MITIGATION ........................................................... 35
5.1 Type of Losses ....................................................................................................................................... 35
5.2 Number of Project Affected Persons (PAPs) and Assets Affected .............................................. 39
viii
6.0 COMPENSATION AND RESETTLEMENT ASSISTANCE........................................... 35
6.1 Eligibility Criteria................................................................................................................................... 35
6.2 Cut-off Date ........................................................................................................................................... 35
6.3 Entitlements ........................................................................................................................................... 35
6.4 Livelihood Restoration ..................................................................... Error! Bookmark not defined.
6.5 Vulnerable People ................................................................................................................................. 36
6.6 Notification ............................................................................................................................................ 36
6.7 Payment of Compensation .................................................................................................................. 36
7.0 GRIEVANCE MANAGEMENT & REDRESS ................... Error! Bookmark not defined.
7.1 Grievances and Disputes.................................................................. Error! Bookmark not defined.
7.2 Management Mechanism ................................................................. Error! Bookmark not defined.
8.0 MONITORING AND COMPLETION AUDIT .................................................................... 44
8.1 Introduction ........................................................................................................................................... 48
8.2 Monitoring of Evaluation framework ................................................................................................ 49
8.3 RAP Monitoring Framework .............................................................................................................. 50
8.4 Resettlement Completion Audit ......................................................................................................... 51
9.0 IMPLEMENTATION OF THE RAP AND INSTITUTIONAL ORGANIZATION
............................................................................................................ Error! Bookmark not defined.
9.1 Project Management at Ministry level ............................................ Error! Bookmark not defined.
9.2 The Project Coordinator (PC) ......................................................... Error! Bookmark not defined.
9.3 KISIP Project Coordination Team ................................................. Error! Bookmark not defined.
9.4 RAP Implementing Committee ...................................................... Error! Bookmark not defined.
9.5 County Project Implementation Units ........................................... Error! Bookmark not defined.
9.6 Other Institutional Responsibilities for RAP Implementation .. Error! Bookmark not defined.
9.7 RAP Disclosure …………………………………………………………………………………54
9.8 RAP implementation Schedule ........................................................................................................... 52
10.0 BUDGET ........................................................................................................................................... 58
APPENDICES .......................................................................................................................................... 59
ix
1. INTRODUCTION
1.1 Background
The Kenya Informal Settlements Project (KISIP) is a five year-project of the Government of
Kenya (GoK), with support from the World Bank, through The International Development
Association (IDA), the Swedish International Development Cooperation Agency (SIDA) and
the Agence Française de Developement (AFD). The overall project development objective is
to improve living conditions of people living in informal settlements by improving security of
land tenure and investing in infrastructure based on plans developed in consultation with
communities.
KISIP is housed by Ministry of Land, Housing and Urban Development and implemented in
close partnership with the 14 participating Counties of Uasin Gishu (Eldoret), Embu, Garissa,
Kakamega, Kericho, Kisumu, Kitui, Machakos, Kilifi(Malindi), Mombasa, Nairobi, Nakuru
(Naivasha and Nakuru), Nyeri and Kiambu (Thika); selected on the basis of agreed criteria.
The KISIP is desirous to ensure that environmental and social issues are adequately identified
and addressed in all its components and, in particular, for infrastructure investments. To
achieve this, an Environment and Social Management Framework (ESMF) and Resettlement
Policy Framework (RPF) were prepared and approved prior to financing. The key objective of
the ESMF and RPF is to provide a framework for the systematic and effective identification
and management of environmental and social issues for KISIP. The ESMF provides guidance
on the integrating of environmental issues into project design and implementation, while the
RPF provides guidance on mitigating the likely impacts associated with land acquisition and
displacement. The ESMF and RPF form part of the financing agreement between the World
Bank and the Government of Kenya.
Component three of KISIP supports investment in settlement infrastructure, such as roads,
bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste
management, storm water drainage, water and sanitation systems, public parks and green
spaces.
16
A joint venture between GA Consultants, Pamoja Trust, and IPE Global Ltd, have been
contracted under the Consultancy services for socio-economic surveys, infrastructure
upgrading plans, detailed engineering designs, preparation of bidding documents,
Environmental Impact Assessment, and preparation of Resettlement Action Plans, in
selected informal settlements, in Kericho.
Prior to the undertaking of this RAP, the proposed projects were screened for both
environmental and social impacts. The purpose of the screening was to determine the nature
and magnitude of the potential impacts on the environment, people and livelihoods; and
determine the level of environmental and social assessment required. The screening identified
limited displacement of structures built on the way leaves and likely temporal livelihood
disturbance as potential impacts. In conformity with the World Bank’s Operational Policy on
Involuntary Resettlement (OP 4.12), the Resettlement Policy Framework (RPF), an
abbreviated RAP was recommended.
1.2 Project Description
The communities in the three (3) settlements were involved in the identification and
prioritization projects from the menu of the projects provided in the PAD. Moreover,
communities were consulted and participated during the socio-economic surveys, conceptual
designs, and the development of settlement upgrading plans. During these consultations, the
likely impacts of the proposed projects were discussed and informed the prioritization process.
Such impacts included both positive and negative environmental and social impacts.
The following table shows the prioritized and proposed projects and potential resettlement
impacts.
Table 1-1 Sub Projects and anticipated Resettlement Impacts
S/No Project
1
Roads
and
Drainage
Description
Resettlement Impacts
 The project will involve is  There will be
no cases of
upgrading existing roads to
acquisition of private land since
bitumen standards
the roads already exist
 Swahili
Village
300m,  Relocation impacts limited to
Motobo 2,937m, Talai 705m
mostly
temporal
structures
of 6m wide road,
encroaching onto road reserve
17
3
Flood
lights
 The roads have been  No populations will be displaced
designed to follow designated
from the settlements
way leaves on physical  Some informal businesses along
development plans (PDPs).
the road corridors may be
temporarily affected.
 Swahili Village 2No, Motobo  No cases of displacement.
3No, Talai 2No of 30m
height flood light
 All
proposed
to
be
constructed on public land
within the settlements
1.3 Project Impacts
These proposed projects will have the following positive impacts:

Improve accessibility within the three (3) settlements by upgrading the poor road and
footpath network in the settlements

Improve drainage and solve flooding related impacts within the settlements

Improve security through security lighting
However, the projects may have limited negative impacts, which should be mitigated:

Displacement of people, structures and businesses located on the way leaves

Noise and dust from construction activities

Occupational health risks during construction
The project design team made deliberate measure to avoid and minimize impacts of the
project activities to people’s assets and sources of livelihoods; this was done at the conceptual
stage during the project development. In order to minimize impacts on the project to peoples
assets and livelihood, the design team ensured that;
a) All the civil works have been designed within the existing road reserve, this was
achieved by using the Physical Development Plans (PDPs) developed by the by the
county government of Kericho office of the County Physical Planner.
b) All Sites for setting up the proposed flood lights are on government land within the
settlements where no one claims ownership, this also was achieved through the use of
Physical Development Plans (PDPs) developed by the by the county government.
18
c) Realignment of the Project Routes in areas where the impact of resettlement is likely to
be more
1.4 Statement of the Problem and Need for RAP
Displacement impacts are anticipated to be quite small in scale occasioned by:

Partial demolition of structures to expand / realign road reserves

Reclamation of encroached way-leaves

Displacement of open and mobile shops (kiosks) to expand / realign road reserves,
provide drainage canals, etc.

Land reservation for receptacles and waste collection centres, posts for security
lighting
1.5
Objective of the Abbreviated RAP
The objective of this abbreviated RAP is to identify and quantify all losses from displacement
of people, assets, and livelihoods as a result of the implementation of the proposed projects,
and provide adequate mitigation measures in conformity with the World Bank OP 4.12, and
the government of Kenya policies and laws. The RAP will ensure that displaced persons will
be compensated for their losses at full replacement cost and provided assistance for
disturbance prior to the beginning of civil works. Additionally, a Grievance Redress
mechanism will be established, to acknowledge and resolve conflicts arising from resettlement
and compensation.
1.6 Scope of the RAP
This is an abbreviated RAP since the proposed projects affect less than 200 households. It
contains:
a. A summary description of the Project, including measures to avoid and/or
minimize resettlement
b. A summary description of the baseline socio-economic conditions in the Project
area
c. A description of the process used in developing the RAP
d. A census of the project affected persons and assets
19
e. An entitlement matrix for the various categories of losses
f. Estimated Budget for compensation of Affected Assets
g. Implementation details
h. Grievance management mechanism
i.
Monitoring and Evaluation of RAP during Implementation
20
2.0 THE RAP PROCESS
2.1 Approach and Methodology
The preparation of this Abbreviated Resettlement Action Plan was guided by the project’s
Resettlement Policy Framework (RFP). The RPF sets out the process to be undertaken in the
preparation of RAPs, and key components to be included in the RAPs e.g. provision of socioeconomic baseline information, policy, legal and institutional framework, grievance redress
mechanism, public consultation, census of Project Affected Persons (PAPs) and assets,
entitlement matrix, implementation schedule, budget, and monitoring and evaluation.
At the conceptual stage during the project development, social and environmental screening
was undertaken to determine the nature and magnitude of the potential impacts on the
environment, people and livelihoods; and determine the level of environmental and social
assessment required. The social screening revealed that the project will be constructed within
the government gazetted road reserves which currently has been encroached at isolated
sections by traders and temporal structures either as house extension or business sheds. This
therefore triggers World Banks safeguards policy OP 4.12 which now requires that RAP to be
prepared which will ensure that the PAPs are adequately compensated for the loss they are
likely to incur.
In order to minimize impacts on the project to peoples assets and livelihood, the design team
ensured that all the civil works have been designed within the existing road reserve, this was
achieved by using the Physical Development Plans (PDPs) developed by the by the county
government
The RAP was prepared based on the survey plans undertaken for the project which identified
the project routes within the settlement. The main objective of the RAP was to minimize the
adverse impacts to project affected persons (PAPs) and enhance or at least restore their
livelihood to that of the pre-project level. This was achieved through restricting the
infrastructure within the designated road reserves and therefore minimizing the need for
acquisition of private land which could lead to displacements. Moreover, an assistance package
21
has been proposed in the entitlement matrix for the minimum disruptions particularly from
encroached structures and loss of income from small businesses along the road corridors.
A census of all the PAPs was conducted with full collaboration of the communities.
Community meetings were organized, and the Settlement Executive Committees (SECs)
involved in enumeration of the PAPs. This RAP report will also be publicly disclosed to the
communities before implementation.
2.2
Census of the Project Affected Persons
The RAP Team conducted a household survey which included 100% census of the affected
persons between 14th and 20th December 2014 in all the three settlements. The purpose of the
census was to:
a.
Enumerate and collect basic information on the affected persons,
b.
Identify affected assets and livelihoods for each PAP,
c.
Register the affected population and establish a list of legitimate beneficiaries
before the project’s onset that counters spurious claims from those moving into
the project area solely in anticipation of benefits,
d.
Establish socioeconomic baseline information for the purpose of establishing fair
compensation rates, and
e.
Provide a baseline for monitoring and evaluation of the resettlement interventions.
A standard questionnaire was used to collect basic PAP census information including
household members (resident and non-resident) by age, sex, ethnic group, and relationship to
head of household, education and occupation and housing conditions. The census also
documented housing conditions, health conditions economic activities, sources of income and
household expenditures. This information was be used (i) to establish a list of PAPs; (ii) to
establish a socio-economic profile of PAPs based on existing conditions; and, (iii) to provide a
baseline for resettlement monitoring and evaluation.
The standard questionnaire was also used collect inventory of losses information from PAPs
about assets that are affected (i) structures by construction type, use, area, ownership/use
22
rights and location, as well as the extent of loss;; (ii) business losses, by types, amounts and
duration of losses.
The information was provided by the PAP as required and validated by the team on the
ground. The questionnaire was accompanied with photographs of the PAP, key affected
assets; and, full GPS data to locate the PAP and all key assets. The questionnaire was signed
by the PAP or representative.
In conducting the census the team followed the required procedures for notifying people and
collecting, validating, approval and disclosing information on eligible PAPs and affected assets,
stemming from national laws and regulations. The team also ensured that the question of the
establishment of a “cut-off date” as per the World Bank policies was discussed and agreed in
the initial consultations.
The RAP team ensured PAPs or their representatives were present during asset enumeration.
The PAPs were required to sign the asset inventory collecting tool to show a confirmation that
it’s the true copy of the information collected. Photos of PAPs were taken by the RAP team
standing in front of their assets, and are presented as an appendix to this report.
A Copy of the household survey instrument is presented as an appendix to this report; the
collected household information was subjected to descriptive analysis methods using the SPSS
(17&21) in order to generate the required information.
2.3
Stakeholder Consultations
The community and other stakeholders have been involved in all project processes.
Community consultations were held during socio-economic surveys to identify and prioritize
project interventions based on the needs identified the resources available and the likely
impacts of the proposed interventions. Screening of the proposed interventions for
environmental and social impacts was done with community involvement. The potential for
large-scale relocation of people and livelihoods was one of the considerations in prioritizing
the selected project interventions.
23
The RAP team involved the community and the Project Affected Persons in developing this
RAP. Before commencement of the census and enumeration PAPs’ and affected assets and
livelihoods, a number of meetings were held within the settlement with the local Settlement
Executive Committees SECs committee members,
general public, and Project Affected
Persons (PAPs). The objectives of the stakeholder consultations was:
a.
To sensitize the community about the project and potential impacts on people
and livelihoods;
b.
Provide a platform for the community to air views and concerns which are
relevant to the RAP and which must resolved,
c.
Involve them in key processes of census and the undertaking of the affected
asset inventory,
d.
Provide an opportunity for the community to themselves propose the most
appropriate mitigation measures for asset and livelihood losses, and
e.
To seek support from the community and other all relevant stakeholders in the
preparation and implementation of the RAP.
Tables 2-1 and 2-2 give a summary of the issues raised and discussed during community
meetings.
Table 2-1: Public Meeting Held at Within Settlements on 3rdand4th November 2014
No
1
Issues
Motobo members reassured the RAP team that
only shop canopies and verandas encroach into
road reserves and that with assistance from the
project they are willing to remove the canopies.
Response and discussion
The RAP team acknowledge the cooperation of
Motobo residents
2
Swahili Village reassured the gathering that they
have maintained their reserves and that no single
asset is within the reserve and therefore the
project should start in their village.
The team acknowledged the efforts of Swahili
village for not encroaching on the reserve
3
Residents from both Motobo and Swahili
acknowledged the need for the project
complaining that they have suffered for long time
with bad roads and poor sanitation services within
the settlements, they wanted to know how soon
RAP team responded that the project will
commence immediately once all the required
studies have been concluded and approved, these
studies include, ESIA, RAP, Designs and
Tendering.
24
the project will commence
4
Motobo residents wanted to know what will
happen for the areas where their structures are
likely to the affected by the project; they
complained that in some cases the road reserves
are narrow to as low as 6m while the area needed
for the road is at a minimum of 9m.
RAP team responded that areas like those ones
will be given specific attention and possibility of
consulting with them with an aim of properly
acquiring the extra needed metres will be
considered, such process will be spearheaded by
respective county governments.
5
Motobo residents wanted to know whether
adequate notice will be issued by the authority in
charge in order to allow them ample time to
relocate.
Yes adequate time will be given to them just
before the contractor mobilizes to the ground an
also this RAP report has proposed for the them to
be allowed ample time to salvage materials from
their structures in addition to reconstructions
assistance offered,
Table 2-2: PAPs Open Meeting Held at (Presentation of Draft Settlement Upgrading
Plans, ESIA and RAP)
No
1
Issues
Talai residents insisted that despite the area being
less developed, the project will boost the growth of
the area.
Response and discussions
The RAP team acknowledged the comments
2
Talai residents confirmed to the meeting that the
PAPs along the reserves actually own their own
plots within the settlement and would comfortably
relocate to their respective plots once compensated
The RAP team acknowledged the information
which actually meant that the PAPs will actually
use the compensation money to reconstruct their
structures in their own plots
3
All residents of the three settlements were
concerned with the amount of compensation to be
given and if it will be of the recommended
standards
RAP team respondent informed the gathering that
proper RAP process will be followed as guided by
OP 4.12
4
All residents of the three settlements wanted to
know how the project will benefit the persons
losing sources of livelihoods due to the project.
RAP team respondent informed the meeting that
all eligible persons irrespective of their condition
will be appropriately compensated.
5
Members wanted to know the time frame of the
project.
RAP team respondent informed the meeting that
according to the projects fact sheet, all studies are
to be concluded by may 2015 and procurement of
relevant contractors should begin afterwards
2.3 Valuation of Assets and Livelihood
Valuation for structures was based on full replacement cost, consideration was made on
replacement of the structure regardless of its state. Elements of depreciation were not included
in the valuation, other elements that were considered and included in the valuation were
25
market rate for construction material, labour and transportation costs of the material that will
be involved in re-establishment of such structures.
Valuation of Crops and trees was use based on government of Kenya Ministry of Agriculture
rates and Kenya Forest Service rates however to ensure full replacement and compensation a
disturbance allowance was used advised to all for full replacement cost.
Livelihood valuation was based on average daily income from the respective livelihood activity,
for rental income, monthly average income from rent was computed for 2months, the gross
income was therefore computed as guided by the entitlement matrix for other assistance
required.
2.4
Disclosure of RAP
This RAP will be publicly disclosed:
a) Through public meetings organized in all the settlements
b) On the Ministry of Land, Housing and Urban Development website
c) Copies of the report will be made available to the SEC, Grievance Committees, and
the County offices
26
3.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
Assistance of Project-Affected Persons (PAPs) in the project will be carried out in accordance
with laws, regulations and guidelines for Resettlement/Land Acquisition Policy Framework of
the Government of Kenya and World Bank’s Operational Policy (O.P 4.12), which has
resulted in the preparation of this RAP.
3.1 Applicable GoK Policy and Legal Framework
This abbreviated RAP has been prepared in accordance with laws, regulations and guidelines
for Resettlement/Land Acquisition Policy Framework of the Government of Kenya (GoK).
The relevant national and local laws, regulations and guidelines are presented in Table 3.1.
Since no land acquisition will be undertaken by the project, laws, policies and regulations
relating to land acquisition will not be analyzed in details.
Table 3-1: Relevant Laws Related To Resettlement
Name of Act
The Land Act No.6
of 2012
The Constitution of
Kenya 2010, Section
40 (3)(ii)
The Physical
Planning Act, Cap
Application
An act of Parliament to make
provision on land regulation and for
the compulsory acquisition of land
for public benefit. An inquiry held,
objections heard, compensation
payable.
All encroachment on the public
right of way under the section 143
of the Act will not be compensated
or permitted
Anyone dissatisfied with the award
of compensation for compulsory
acquisition of private land by the
Commissioner has the right to seek
judicial recourse. A further appeal to
the High Court can be made.
Further, multiple structure owners
dissatisfied with the RAP
implementation can bring a
constitutional reference against
deprivation of property without
compensation.
Requires preparation of
development plans for every
27
Remarks
The project will not
compulsorily acquire private
land.
Will apply if the project elects
to ask the government to
allocate public land for any
relocation
PAPs within the way leaves
will be required to remove
their structures.
The procedure of
compulsorily acquiring private
land for the purpose of the
project can be considered
where any extra space is
needed for setting up the
infrastructures proposed in
this project, but is highly
unlikely.
The project design follows
what is provided for on the
286 (Act No 6 of
1996)
intended development and invitation Physical Development Plans
to the public to comment /object to (PDPs).
the development
To be considered when
planning residential sites and
other relocation sites but this
is not likely under the project..
The Public
Procurement and
Disposal Act No 3 of
2005 and the Public
Procurement And
Disposal (Public
Private Partnerships)
Regulations, 2009
Kenya Roads Act
Cap.2
Applies to all procurements by
government and public entities
Would apply to the acquisition
of any land that will be
required for relocation.
It would also apply to
contracts for the construction
work to be undertaken.
Applies specifically to the function
of Kenya Urban Roads Authority in
implementation of the KISIP road
upgrading project.
Environmental
Management and
Coordination Act,
1999 and subsidiary
legislation on
EIA/EA (Legal
Notice 101).
Provision for resettlement action
plans to address
displacement/relocation impacts
KURA shall have the
responsibility for supervising
construction, rehabilitation
and maintenance of all public
roads in the municipalities in
Kenya under KISIP project.
Regulations require RAP
whenever relocation is
identified as a project impact.
3.2 World Bank Safeguard Policies
Both the World Bank’s Policy on Involuntary Resettlement (OP 4.12) and the Resettlement
Policy Framework (RPF) require the development and implementation of a Resettlement
Action Plan (RAP) to address any anticipated displacement impacts of a Bank-financed
project.
According to OP 4.12, any World Bank assisted project/program must comply with the
provisions of OP 4.12 for impacts associated with land acquisition and displacement. OP 4.12
applies to all components of the project that result in involuntary resettlement, regardless of
the source of financing. This policy covers direct economic and social impacts that both result
from World Bank assisted projects, and are caused by:
28
a) The involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets
or access to assets and services; or (iii) loss of income sources or means of livelihood, whether
or not the affected persons must move to another location.
b) The involuntary restriction of access to legally designated parks and protected areas
resulting in adverse impacts on the livelihoods of the displaced persons.
The KISIP complies with the requirements of OP 4.12 in the following ways:

The ESIA study assesses project alternatives to avoid, where feasible, or minimize
involuntary resettlement.

The potential economic and social impacts of the project have been assessed in the
ESIA study and summarized in this report as well.

Project-affected persons, host communities and local nongovernmental organizations,
as appropriate, have been consulted.

PAPs have been informed of their rights, including prompt compensation at full
replacement cost for loss of assets attributable to the project. Assistance during
relocation, and transitional support and development assistance.

A RAP has been prepared to address social impacts associated with likely
displacement.
3.4 Institutional Responsibilities for RAP Implementation
During the RAP preparation process, a number of key institutions were identified as critical to
both preparation and implementation of the RAP. This is summarized in Table 3.2 below.
Consultations with and involvement of the Project-Affected Persons has been sought during
the process.
Table 3-2: Statutory Institutions with Roles in the RAP process
No Institution
1
Ministry of Land
Housing
and Urban
Development
2
County Government
Role
Houses the KISIP project
Provides policy direction
Handles land tenure issues
Has the responsibility of
29
Capacity
The Ministry has experts in
key areas: land management
and administration, physical
planning, resettlement
Financial capacity is lacking.
3
4
5
6
7
of
Kericho
Kenya Urban Roads
Authority
implementing the RAP as
spelled out in the RPF
In charge of the management
of urban roads. It approves
road designs and maintains
roads.
Kenya Power
Responsible for relocating
electricity transmission lines
from the road reserves
Kericho Water and
Responsible relocating
Sewerage
affected water
Company (KWSC)
infrastructure e.g. pipes, water
kiosks
to maintain service levels
National Environment Approving and issuing EIA
Management
licenses for
Authority
projects which have addressed
(NEMA)
environmental and social
impacts
Ministry of Finance
Financial management on
behalf of the Borrower (
GoK) Provision of
counterpart funding – part of
which is used to settle
compensation claims by PAPs
In the transition, KISIP
providing assistance
Capacity exists
Capacity exists. Costs
provided in the BQ.
Capacity exists. Costs
provided in the BQ.
Capacity exists. Costs of
license provided for in the
budget.
Capacity exists and funds will
be made available.
In addition to the above governmental institutions, several structures have been established to
ensure effective implementation of this RAP:
KISIP Project Coordination Team
The overall coordination of the whole process, from development to implementation and
monitoring, is provided by the KISIP PCT. The National KISIP Coordinating Unit has the
following roles:
a) Coordinate the effective implementation of the ESMF/RPF and ensure compliance
with agreed implementation procedures and guidelines.
b) Prepare Progress Reports on the implementation of the environmental and social
safeguards.
c) Procure and supervise consultants for Social and Environment Assessments.
d) Build the capacity at all levels to implement the ESMF/RPF.
30
e) Supervise ESMF/RPF implementation during and after project implementation.
f) Ensure integration of EMPs and RAPs into Contract and Bid Documents.
g) Ensure adequate community participation.
The KISIP PCT has a safeguards team that is responsible for ensuring that project meets its
obligations under the ESMF and RPF.
RAP Implementation Committee (RIC)
The RAP Implementing Committee shall be appointed by the Project Coordinator and will
have overall responsibility of implementing this RAP. Since the implementation of RAP is a
joint responsibility between KISIP and the County governments, the Committee will have
joint membership. It is proposed, that the RIC will comprise of diverse and relevant skills:
Environmental and social safeguard specialists, Community Development specialists,
Surveyor, land administrator and valuer, Engineers, Finance, and Town administrators.
County Project KISIP Teams
For effective implementation of the Project, Counties have established County KISIP Teams
whose composition is a replica of the national team. The county team was crucial in
development of this study and they will also be important during implementation the RAP
prior to commencement of civil works.
Community Settlement Executive Committee (SEC) which was instrumental in
mobilizing the community and providing a link between KISIP, the Consultants, and the
community. The Committee has been involved in all stages of RAP development and is
expected to continue playing an active role in monitoring its implementation.
The Community Grievance Redress Committee formed to address all grievances related to
the development and implementation of this RAP.
31
4.0 SOCIO - ECONOMIC BASELINE INFORMATION
Motobo, Talai and Swahili village are the selected KISIP project beneficiary’s settlements in
Kericho County. The figure 4-1 below shows Motobo and Talai informal settlements.
Figure 4-1 Map of Motobo and Talai informal Settlements
Talai
Motobo
This socio-economic baseline information on Talai and Motobo informal settlements is
extracted from a separate socio-economic study conducted as part of this consultancy at
project inception. Since, RAP was not undertaken in Swahili because there is no displacement
impacts, the data is not presented here.
Motobo Informal Settlement
Parameter
Summary of Findings
Households
Out of the 347 households surveyed in Motobo, 6% were single member
households and the remaining 94% were having multiple members; average
household size was 4.5.
Gender
52% of the household members were female, and 48% were male; male22
female ratio among single-headed families was 29:50, representing strong
female dominance.
School attendance
More than 90% of the children aged 5-17 years were attending school;
school attendance rates for boys and girls were 94% and 93% respectively.
Household income
Monthly household income for majority of the households (37%) were
varying between Ksh 9,000-18,000; 38% and 25% were earning less than
Ksh 9,000 and more than Ksh 18,000 respectively.
Monthly
per
capita Monthly per capita consumption expenditure of the households was Ksh
consumption
2,874; of which 53% were spent on food item. There was huge variation
across families in terms of consumption expenditure; coefficient of variation
was estimated to be 72%.
Poverty
One-fifth of the households in Motobo lived in extreme poverty; spending
little more than Ksh 883 per month per head (almost seven times lower than
top spending families).
Business activities
Nearly 42% of the families have at least one member who were engaged in
business; main business activities in Motobo were: grocery shops & posho
mills, food stall (like selling vegetables), selling of clothes, transport services,
tailoring, street food vendor etc.
Tenants
Nearly 58% of the sample households were reported to be rent paying
tenants; median rent was Ksh 1,400 (the average rent was close to Ksh
1,398). Nearly 39% of the families owned both land and the structure or
own the structure where they were living.
Residence
Average duration of stay in the settlement was 19 years; however, 38% of
the settlers were relatively new in Motobo (living there for 5 years or less).
Land tenure
Majority (64%) of the owners of the land and/ or structure possessed a
certificate of title; and another 25% had Freehold title. More than 90% of
the settlers felt their tenure to be secure.
Access to paved roads
Only 10% of the households reported to have access to paved roads. In fact
this was suggested as the highest priority area for investment in the
settlement.
Access to water
Majority of the families mentioned were having piped water supply either
through shared connection in the compound (47%) or private water from
water kiosk (22%). A large number of families were also dependent on
23
natural resources (51%). However for drinking most of the families relied on
secure sources like pipe water from shared compound or private individual
or water kiosk. Condition of availability of and quality of drinking water was
quite satisfactory in the settlement.
Access to electricity
Nearly two-third of the households was having electricity connection (65%).
Rented accommodation without connection of electricity or inability to pay
for new connection was mostly sited as the reason by those who did not
have electricity.
Street lighting
Availability of street lights was very poor and reported by 9% of the sample
households; and out of these, 47% of the households reported that the
street lights were in working condition most of the time.
Sanitation
Majority (62%) of the families use shared pit latrine in the compound and
32% used individual pit latrine in the compound.
For excreta disposal, families mostly used pit system (91%) and another 6%
used formal connection to public sewer. Informal connection to public
sewer system was negligible in the settlement. However, Grey water was
usually disposed by pouring into drains (70%).
Solid waste
43% of the families did complain about garbage dumping in the settlement,
27% of the families burned, 19% of the families buried in the compound
and 11% of the families used city collection system.
Drainage
Nearly 14% of the households stated flooding during heavy rains as a severe
problem.
Garbage dumps also affected some of the families quite severely. Only 22%
of the families reported to have storm water drainage along the main access
road to their house.
Disease prevalence
Malaria was identified as predominant disease in the settlement; More than
70% had said that some member of the family had suffered from malaria in
last 3 months. Also,
Typhoid, respiratory problems and diarrhoea were cited as health problem
by some households.
24
Talai Informal Settlement
Parameter
Summary of Findings
Households
Out of the 290 households surveyed in Talai, 12% were single member
households and the remaining 88% had multiple members; the average
household size was 4.5.
Gender
In terms of gender, 50% of the household members were female; malefemale ratio among single-headed families was 53:81, representing a strong
female dominance.
School attendance
More than 94% of the children of the age 5-17 years were attending school.
Household income
Monthly household income for majority of the households (89%) was less
than Ksh9,000. Around 9% earned between Ksh 9,000-18,000 and only
about 2% were earning more than Ksh 18,000.
Monthly
per
consumption
capita Monthly per capita consumption expenditure of the households was Ksh
1,508; of which
60% was spent on food items. There were large variations across families in
terms of consumption expenditure; coefficient of variation was estimated to
be 80%.
Poverty
One-fifth of the households in Talai lived in extreme poverty; spending little
more than
Ksh 491 per month per head (almost 7 times lower than top spending
families).
Employment
Majority of the adult family members (44%) were unemployed; 27% of the
adults worked as casual labourers and around 16% were self-employed. The
main business activities in Talai were: food stall (selling vegetables, fruits,
etc.), street food vending, grocery shop and posho mill, operating transport
services, and running hotel/ restaurant.
Tenants
Only two of the sample households were reported to be rent paying tenants;
the median rent was Ksh 350. Nearly 61% of the families owned both land
and the structure.
Residence
Average duration of stay in the settlement was 40 years; and only less than
3% of the settlers had been living in Talai for 15 years or less.
Land tenure
Majority (98%) of the owners of the land and/ or structure possessed an
Allotment Letter.
25
More than 73% of the settlers felt their tenure to be secure.
Access to paved roads
Only three households reported having access to paved roads.
Access to water
Majority of the families (94%) were dependent on natural sources for water,
with only 6% having piped water supply either through shared connection in
the compound or private individual connection. In fact water supply was
suggested as a high priority area for investment in the settlement.
For drinking water as well, most of the families (95%) relied on unsecure
natural sources. While drinking water was available for over 20 hours a day
for most households, the quality of drinking water drew mixed responses in
the settlement.
Access to electricity
Almost all of the households (99%) did not have an electricity connection.
Inability to pay for a new connection or inability to pay for electricity bill
was mostly cited as reasons.
Street lighting
Availability of street lights was reported by only five of the sample
households; and most of these families said that the street lights did not
always work.
Sanitation
Majority (49%) of the families use shared pit latrine in the compound and
36% use individual pit latrine in the compound. Also, less than half a
percent of the families had individual flush toilet in the structure.
For excreta disposal, families mostly used pit system (99%). Informal
connection to public sewer system was negligible in the settlement.
However, Grey water was usually disposed by pouring into the pit-latrine
(37%) or into drains (35%).
Solid waste
The condition of garbage disposal in Talai was deplorable; 78% households
burned their garbage, with others dumping it in the settlement or burying in
the compound. Nearly
Drainage
15% of the households stated flooding during heavy rain as a severe
problem. One-third of the families reported having storm water drainage
along the main access road.
Disease prevalence
Malaria was identified as a predominant disease in the settlement; close to
58% had said that some member of the family had suffered from Malaria in
last 3 months.
Typhoid and Tuberculosis were also cited as health problems by some.
26
5.0 RESETTLEMENT IMPACTS AND MITIGATION
Project activities will give rise to either total or partial resettlement impact to PAPs assets and
sources of livelihood, majority of assets affected are temporal fixed business stands, house
extensions, verandas, gates perimeter walls either in masonry stone or wood as well as
structures for business either temporal or mobile kiosks.
None of the residential structures enumerated will be totally affected, the impact to the
structures is partial to the areas encroaching to the road reserve. The entitlement matrix has
proposed various entitlements depending of the type of loss and the category of PAPs, the
structures mentioned in the review comment above have been enlisted.
5.1 Type of Losses
5.1.1 Loss of Land
The project interventions in all the three settlements will not involve loss of private land
through any form of acquisition. All the interventions have been designed to use the
designated way leaves. As such no person will lose land to which they have a title. All the
PAPs are encroachers and not landless. They have just extended their buildings and businesses
beyond their boundaries. It is important to note that even after the project reclaims the way
leaves, no one is going to be left landless. They will simply push back the structures into their
plots.
The kind of displacement that is anticipated will be as a result of reclaiming the encroached
road reserves. Consequently, there will be no compensation for land, only developed assets on
the road reserve. It is also not expected that the structure owners who will lose their structures
will move elsewhere outside the settlement.
5.1.2 Loss of Structures
This is the most important type of loss identified. The structures have encroached on the road
reserves and will need to be removed before the commencement of works. Most of the
structures are of temporal nature with a few permanent ones. The structures are used for
35
dwelling either by owners or are rented out; while others are used for commercial purposes.
The impact on the structures will be two-fold:
a) Total loss: where the whole structure will need to be removed or where the residual
will not be viable and functional.
b) Partial loss: where part of the structure will be affected, and the residual will still be
viable and functional with reconstruction/repairs.
The Table 5-1 below shows the type and number of structures affected in the four settlements.
The extent to which individual structures will be affected is described in The PAP and Asset
Register.
Table 5-1 Type and Numbers of Structures
No
1
2
3
4
5
6
7
8
Affected structure
House extensions encroaching
on the road reserves- partially
affected
Masonry Walls
Temporally fixed business
stands Verandas and Canopies
Individual Latrines and bath
rooms
Individual Shallow Wells
Individual Water tank
Fences
Stores
Total
Settlements
Motobo
14
Total
Talai
12
26
3
50
0
1
3
51
7
12
19
2
2
8
2
0
0
0
0
2
2
8
2
113
Majority of the affected structures are temporal structures used for informal businesses (51),
followed by house extensions encroaching on the road reserves. The houses will be partially
affected and the residual structures are largely viable on reconstruction. Equally, there are a
high number of latrines and bathrooms constructed on the road reserve which will need to be
relocated. Adequate notice will be given for the relocation so that the residents can access
sanitation services with minimal interruption.
36
The structures are majorly made of iron sheets, timber, and baked bricks as shown in figure 51 below.
Figure 5-1; Materials used to make structures
5.1.3 Loss of Shelter
From the census, loss of shelter will be experienced in two ways:
a) Some structure owners who themselves reside in the affected structures (partially or
wholly) will be affected during demolition and reconstruction. If the structure will be
wholly be affected and need to be constructed within the lot boundaries, alternative
accommodation will have to be temporarily provided or adequate notice and
facilitation given to complete the reconstruction before demolition. In case of partial
loss, the structure owner may not necessarily move, but steps will be taken to ensure
the minimal disruption to their occupancy is mitigated.
b) Tenants occupying the affected structures and who may be required to either
temporarily or permanently seek alternative accommodation. Measures will be put in
place to mitigate the likely disruption, including payments to facilitate the relocation.
37
Table 5-2 Residence of the PAPs
No
PAP Category
1
Structure owner occupying
structure for residential purposes
Tenants
Total
2
Settlement
Motobo
the 7
2
9
Talai
12
0
12
5.1.4 Loss of Livelihoods
The following categories of livelihood loss were identified:
a) Structure owners/landlords who will lose rental income as a result of tenants
relocating from the affected structures
b) Loss of income from businesses that will be affected as a result of removal of either
permanent or temporal business premises. Most of these businesses are located on the
road reserves.
The major types of businesses affected in the area is categorised as others which are not
listed in the questionnaire and are, but not limited to movie shops, charcoal vendors, cinema
stalls as indicated in figure 5-2 below
Figure 5-2; Type of Business in the settlements
38
The average daily income ranges from Kshs 180 to a maximum of Kshs 1000 for the
affected businesses.
Type of ownership of business: The businesses are largely owned by structure owners at
87.5%, with the remainder owned by tenants.
Table 5-3 Project Affected Persons losing Income
No
1
2
Type of loss
Loss of rental income
Loss of income
from business
Total
Settlement
Motobo
2
12
Talai
0
1
14
1
5.2 Number of Project Affected Persons (PAPs) and Assets Affected
The number of Project Affected Person (PAPs) has been summarized in the table below:
Table 5-4 Project Affected Persons per Settlement
Settlement
Motobo
Talai
Total
PAPs
42
12
54
39
6.0 COMPENSATION AND RESETTLEMENT ASSISTANCE
6.1 Eligibility Criteria
The World Bank Resettlement Policy/Guidelines require compensation for lost assets at
replacement cost to both titled and non-titled landholders and resettlement assistance for lost
income and livelihoods. In this project, the absence of formal titles will not constitute a barrier
to resettlement assistance and rehabilitation.
Further, the principles adopted herein contain special measures and assistance for vulnerable
affected persons, such as female-headed households, disabled persons, and the poor. PAPs are
entitled to a combination of compensation measures and resettlement assistance, depending
on the nature and scope of impact. From the census carried out, the following categories of
PAPs will be entitled to facilitation:
a) Structure owners who will lose part or whole of their structures. It should be noted
that all the structures have encroached on the road reserves.
b) Tenants who have rented the affected structures and may be required to seek
alternative accommodation temporarily or permanently.
c) Structure owners who derive an income from renting their structures and will lose the
income as a result of removal of the structures.
d) People who conduct businesses in the affected structures and will lose income as a
result.
e) People conducting business on the road reserves permanently even if they don’t own a
structure but will be required to move to give way for the project.
6.2 Cut-off Date
The entitlement cut-off date was 13th December 2014; this date was the date for the last census
activities in the settlement. No structure established in the Project-Affected Area after (13th
December2014) shall be eligible for compensation.
6.3 Entitlements
The Entitlement Matrix describes compensation and related assistance for each category of
affected PAP. Eligibility reference has been made to Resettlement Policy Framework (RPF)
35
developed for the KISIP Project which proposes full replacement cost to assets and
livelihoods anticipated to be lost.
The matrix in table 6-1 below elaborates the entitlement which is relevant to the PAPs of
proposed KISIP projects.
6.4 Vulnerable People
Vulnerable people are people who by virtue of gender, ethnicity, age, physical or mental
disability, economic disadvantage, or social status may be more adversely affected by
resettlement than others and who may be limited in their ability to claim or take advantage of
resettlement assistance and related development benefits.
The census identified 7 No. of vulnerable people eligible for extra assistance. The following
measures have been included in the RAP for extra assistance:
1) Additional financial support (5,000) disturbance allowance recommended in the report
in addition to the provided compensation
2) Extra Assistance will be provided on a case by case basis
6.5 Notification
The PAPs will be served with adequate notice of 30 days to relocate upon compensation and
before the commencement of works. All the stakeholders in the project (e.g. KURA, NEMA,
and KPLC) will also be notified of the relocation exercise.
6.6 Payment of Compensation
RAP implementation will verify the correctness of each PAP as stated in the register. An
appropriate framework for delivering the compensation payments to the PAPs will be decided
by KISIP in line with government financial management regulations. Payments will be made
according to locations and adequate information will be made available to all affected persons
prior to payment.
36
Table 6-1: Entitlement Matrix
1
Type of loss
Loss of Land
Type of PAP
Land owner
2
Loss structure
Structure Owner
3
Loss shelter
Tenant
Entitlement
 Not applicable under the project because no private land is being acquired for the
projects. All the PAPs are encroachers.
 Cash compensation at replacement cost calculated without depreciation.
Replacement cost includes cost of materials, transport, and labor to construct a
similar structure
 Owners will retain the right to salvage materials from the structure
 A lump sum of kshs. 5,000.00 as disturbance allowance
 Loss of income equivalent to 2 month’s rent in case the affected structure is rented.




4
Structure
owner
who occupies the
structure
Loss of Livelihood / Structure owner
Income
Business owner /
trader
Vulnerable groups






A one month notice to look for alternative accommodation.
2month’s rent to look for alternative accommodation during repairs of the affected
parts of the structure with an option to resume tenancy at the completion of
reconstruction/repairs.
A onetime shifting allowance of ksh 5000 to cover for transport costs and labour
costs during moving
If the rented premises are used for business, a loss of livelihood equivalent to five
days of loss of profit will be provided.
2month’s rent to look for alternative accommodation during repairs or
reconstruction of the affected structure.
Subsistence allowance equivalent 2month rent to compensate for loss of income.
Cash grant equivalent 5days daily income to compensate for the loss of business
A lump sum allowance of Kshs. 5,000.00 to cover for transport and labor during
movement
Additional livelihood support of Ksh 5000 for all vulnerable PAPs
Additional assistance to be considered on case by case basis and may include business
support ( training and capital)
42
7.0 GRIEVANCE MANAGEMENT & REDRESS
7.1 Grievances and Disputes
In practice, grievances and disputes that are most likely during the implementation of this RAP
are the following:
i.
Misidentification of assets and PAPs
ii.
Omissions of genuine PAPs from the PAP registers
iii.
Disputes over valuation of affected assets and livelihoods
iv.
Disputes over parcel limits, either between the affected person and the Project, or
between two neighbors;
v.
Dispute over the ownership of a given asset (two individuals claim to be the owner of
this asset);
vi.
Disagreement over the proposed mitigation/entitlements
vii.
Successions, divorces, and other family issues, resulting in disputes between heirs and
other family members, over ownership or ownership shares for a given asset;
7.2 Management Mechanism
This RAP recommends a three-tier grievance mechanism- at the community, RICs, and
resolution through courts of law. It is desirable to resolve all the grievances at the community
level to the greatest extent possible. To achieve the community or settlement level grievance
mechanism must be credible and generally acceptable. The grievance redress mechanisms will
aim to solve disputes at the earliest possible time in the interest of all parties concerned.
The first level in addressing grievances will be at the settlement. The settlement will form a
Community Grievance Redress Committee (CGRC) comprising of two members from SEC
(not being office holders), and three other respected community members who are not PAPs.
The committee should be elected by the community in a transparent manner. In electing the
CGRC, consideration, will be given to gender, youth, and vulnerable groups. The Committee
will elect a Chairperson and Secretary from amongst themselves.
The second level of grievance mechanism will involve the RAP Implementation Committee
(RICs). The RIC is a joint Committee of KISIP and the County Government to oversee the
44
implementation, and monitoring of the RAP. The RICs will consider grievance reports
forwarded to it from the Community Grievance Redress Committee and make a
determination.
Whereas, every effort shall be made to ensure that all grievances are handled amicably and
expeditiously to the satisfaction of all concerned, the complainants have an avenue to seek
redress from the High court if they are not satisfied. This is their constitutional right which
must be explained to them alongside the benefits of resolving any outstanding grievances
outside the courts.
Grievance 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.
Figure 7-1 overleaf summarizes the grievance handling process. An average of 14 days is
proposed to resolve a dispute before the court option, with both the SGRC and the RIC
having 7 days to handle the grievance once registered.
7.2.1 Terms of Reference for the Grievance Redress Mechanism Committee
The Terms of Reference for the Grievance Redress Mechanism Committees will be as follows:
i.
Address all forms of grievances relating to the implementation of this RAP
expeditiously and impartially. Examples of the likely grievances are as indicated in
section 7.1
ii.
To consult with all the relevant parties involved in the disputes in the process of
seeking solutions, and further to seek technical advice where necessary to reach a
verdict.
iii.
Document the grievance handling process from the time a complaint is received to the
final determination. To this end, the committee shall maintain a grievance register,
minutes of all meetings held to address grievances, and correspondences
45
iv.
To notify the concerned parties promptly once a verdict has been reached, and the
next steps.
7.2.2 Effectiveness of the Grievance Redress Mechanism
The following measures are proposed to ensure the effectiveness of the Grievance Redress
Mechanism:
a) The SGRC and the RIC will be trained on their roles and the process flow before the
start of RAP implementation,
b) Necessary technical and financial support will be extended to the SGRC to enable
them function effectively,
c) The SGRC and the RIC will make monthly reports on the grievances received and
handled,
d) The committees will maintain records such as: grievance registers, minutes of
meetings, and correspondences for reference and inspection.
46
Figure 7-1: Grievance / Dispute Management Mechanism
Registration of the grievance or
dispute upon being lodged to the
CGRC
Resolution of the grievance
by CGRC (7days)
Closure of the grievance
or dispute
NO
YES
Forward findings and
recommendations to RIC
Complainant
satisfied
with
outcome
Final closure
Grievance processing by
RIC (7days)
Response of the RIC
Refer the complaint to
the Court of law
NO
Complainant
satisfied
with
outcome
YES
Final closure
47
8.0 MONITORING AND COMPLETION AUDIT
8.1 Introduction
Monitoring and Evaluation (M&E) procedures establish the effectiveness of all resettlement
activities, in addition to the measures designed to mitigate adverse social impacts. The
procedures include internal track-keeping efforts as well as independent external monitoring.
The purpose of resettlement monitoring for the KISIP project is to verify that:
a.
Actions and commitments described in the RAP are implemented;
b.
Eligible project-affected persons receive their full compensation prior to the
start of the rehabilitation activities on the project area;
c.
RAP actions and compensation measures have helped the people who sought
cash compensation in restoring their lost incomes and in sustaining/improving
pre-project living standards;
d.
Complaints and grievances lodged by project-affected persons are followed up
and, where necessary, appropriate corrective actions taken;
e.
Changes in RAP procedure are made, if necessary, to improve delivery of
entitlements to project-affected persons.
The World Bank operational policy (OP 4.12) states that the project sponsor (i.e., KISIP) is
responsible for adequate M&E of the activities set forth in the resettlement instrument.
Monitoring will provide both a warning system for the project sponsor (KISIP) and a channel
for the affected persons to make known their needs and their reactions to resettlement
execution.
KISIP monitoring and evaluation activities and programs will be adequately funded and
staffed. In-house monitoring may need to be supplemented by independent monitors to
ensure complete and objective information. Accordingly, the primary responsibility for
monitoring rests with KISIP. Fortunately, KISIP already has an Environmental and Social
safeguard team and an implementation-monitoring unit. These groups, in cooperation with
each other and with guidance from the External actors, will monitor the project.
48
8.2 Monitoring of Evaluation framework
The RAP Monitoring Plan and Framework is adopted from IFC (Handbook for Preparing a
Resettlement Action Plan). It involves:

Internal monitoring by KISIP;

Impact monitoring commissioned to specialized firms; and

A RAP Completion Audit
Table 8-1: RAP Monitoring Plan
Component
Activity
Type of Information/
Data Collected
Source of
Information/
Data collection
Methods
Performance
monitoring
Measurement of input
indicators against proposed
time-table and budget
including procurement and
physical delivery of goods,
structures and services.
Tracking effectiveness of
inputs against baseline
indicators
Monthly or
quarterly
narrative status
and financial
reports
Impact
monitoring
Assessment of PAP
satisfaction with inputs
Completion
audit
Measurement of output
indicators such as
productivity gains,
livelihood restoration, and
developmental impact
against baseline
Quarterly or
semi-annual
quantitative and
qualitative
surveys
Regular public
meetings and
other
consultation with
people affected
by the project;
review of
grievance
mechanism
outputs
External
assessment/signoff report based
on performance
and impact
monitoring
reports,
independent
surveys and
consultation with
affected persons
49
Responsibility
for Data
Collection,
Analysis and
Reporting
KISIP PCT
KISIP County
Team,
SEC
Frequency/
Audience of
Reporting
Project
resettlement unit
or contracted
external
monitoring agency
Annual or more
frequently as required
by KISIP and WB
Contracted
external auditing
and evaluation
agency
On completion of the
RAP time table as
agreed between KISIP
and WB
Semi-annual/annual as
required by KISIP and
World Bank
8.3 RAP Monitoring Framework
The RAP allows for verification of internal RAP implementation reports by a field check of
the following:
• Payment of compensation including its levels and timing
• Settlement of land/resource access claims
• Preparation and adequacy of resettlement sites
• Housing construction
• Provision of employment, its adequacy and income levels
• Adequacy of training and other developmental inputs
• Rehabilitation of vulnerable groups
• Infrastructure repair, relocation or replacement
• Enterprise relocation, compensation and its adequacy
• Transition allowances
These will be achieved through;

Interview a random sample of affected people in open-ended discussion to
assess their knowledge and concerns regarding the resettlement process, their
entitlements and rehabilitation measures.

Observe public consultations with affected people at the village or town level.

Observe the function of the resettlement operation at all levels to assess its
effectiveness and compliance with the RAP.

Check the type of grievance issues and the functioning of grievance redress
mechanisms by reviewing the processing of appeals at all levels and
interviewing aggrieved affected people.

Survey the standards of living of the affected people (and of an unaffected
control group where feasible) before and after implementation of resettlement
to assess whether the standards of living of the affected people have improved
or been maintained.

Advise project management regarding necessary improvements in the
implementation of the RAP, if any.
50
8.4 Resettlement Completion Audit
The purpose of the Completion Audit is to verify that the resettlement process has complied
with resettlement commitments defined by the RAP. Reference documents for the
Completion Audit are the following:
a.
This Resettlement Action Plan,
b.
Kenyan policies and legal statutes as defined in section 3 of this report
The Completion Audit has the following specific objectives:
a.
General assessment of the implementation of the RAP against the objectives
and methods set forth in the RAP,
b.
Assessment of compliance of implementation with laws, regulations and
safeguard policies;
c.
Assessment of the fairness, adequacy and promptness of the compensation and
resettlement procedures as implemented;
d.
Evaluation of the impact of the compensation and resettlement program on
livelihood restoration, measured through incomes and standards of living, with an
emphasis on the “no worse-off if not better-off” requirement; and
e.
Identification of potential corrective actions necessary to mitigate the negative
impacts of the program, if any, and to enhance its positive impacts.
The Completion Audit will be based on documents and materials generated by internal and
external monitoring. In addition, auditors will make their own assessments, surveys and
interviews in the field and with Project-Affected- People.
51
9.8 RAP implementation Schedule
The implementation schedule for this RAP covers the period from the preparation of the RAP
to the conclusion of the envisaged projects in the three settlements in Kericho County to the
completion and the time that the infrastructure is fully available for use.
It should be noted that the procedure in the schedule starting from notification of the PAPs
before their displacement through compensation and resettlement will be done in phases to
synchronize with the various phases of the project.
The RAP Implementation Schedule defines the duration and timing of the key milestones and
tasks. The major component tasks for the schedule include:

Disclosure of RAP

Audit of PAP register and compensation package due to each PAP

Resolution of emerging grievances

Notification of PAPs prior to the commencement of the activities that will
affect them

Compensation and/or Supplementary Assistance

Commencement of project operations

Monitoring and evaluation, including baseline update
52
Table 9-2: RAP Implementation Schedule
S/No Activity
1
2
3
4
5
6
7
8
9
10
Weeks from Approval of RAP Report
1
2
3
4
5
Approval of RAP
Disclosure of the RAP
Report
Audit of the RAP report to
verify
PAP
and
compensation details
Signing of compensation and
relocation
assistance
agreements
Resolution of conflicts and
Grievances
Payment of compensation to
PAPs and facilitation of
relocation
Issuance of notices for
relocation
Actual relocation
Commencement of works
Monitoring
of
the
resettlement activities
57
6
7
8
9
10
11
12
10.0
BUDGET
Table 10-1 below presents the estimated budget that the RAP study estimated for
implementation of RAP.
Table 10-1 RAP Budget (Ksh)
No
1
2
Item under Compensation
Loss of Assets and Livelihoods
Motobo
Swahili Village
Talai
Amount Estimates Kshs.
Total 1
902,007.15
Add 15% contingencies
135,301.07
Total Compensation
KES 1,037,308.22
710,289.15
0
191,718.00
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APPENDICES
APPENDIX 1: Inventory of PAPs assets and livelihood
APPENDIX 2: Stakeholder Consultations
APPENDIX 3: Photo logs of affected persons
APPENDIX 4: PAPs assets map
59