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MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT
KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT
RESSETTLEMENT ACTION PLAN (RAP) (ESIA) VOLUME 2)
THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN
KIHOTO, KARAGITA, KAMERE AND KASARANI INFORMAL SETTLEMENT IN NAIVASHA SUBCOUNTY
FEBRUARY, 2014
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RAP EXPERT:
I/We, the undersigned, submit on behalf of Ministry of Lands, Housing and Urban
Development that the particulars given in this Resettlement Action Plan report for the
Proposed Infrastructure Upgrading in Kihoto, Karagita, Kamere and Kasarani Informal
Settlements in Naivasha Sub county are correct to the best of my/our knowledge. This
RAP is prepared pursuant to the approved RPF. The RPF was prepared consistent with
the applicable policy provisions of the GOK and the World Bank's Safeguard Policy OP
4.12 on Involuntary Resettlement.
CAS Consultants Limited
Lead Firm/Firm of Experts
Sign:______________________ Date:____________________
Registration No:0006
THE PROPONENT: Ministry of Housing
I/We certify that all the information provided herein for the purpose of this Resettlement
Action Plan (RAP) is true to the best of my/our knowledge and the report is submitted to
NEMA with our approval.
Name: ____________________________
Designation:
Sign:______________________ Date:____________________
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This report has been prepared by CAS Consultants Limited, a NEMA registered Lead firm On behalf of Ministry of Lands, Housing and Urban Development, Government of Kenya (the “Recipient”).
Contacts:
Eng. Sebastian Mputhia Mwarania Director CAS Consultants Consulting Engineers Rhapta Road (Westlands) Nelleon Place P.O Box 20023—00200, Nairobi Tel: 4445240/65 Mobile: +254 723750397 Fax: 020-4440049 Nairobi Email: [email protected]
Web: www.casconsult.co.ke
Sidhartha Patnaik Regional Director & Country Head, IPE Global (Pvt) Limited The Rahimtulla Tower, No. 4 Upperhill Road P.O Box 40324-00100, Nairobi Tel: 2710644 Mobile: +254 789219607 Email: [email protected] Web: www.ipeglobal.com
Dr. Swapan Kanti Chaudhuri Economist IPE Global (Pvt) Limited IPE Towers, B-84, Defence Colony, Delhi - 110 024 , India Tel: +91 (11) 40755900 Mobile: +919811213272 Email: [email protected] Web: www.ipeglobal.com
Ken Koech Kibet Environmental and Social Specialist CAS Consultants Consulting Engineers Rhapta Road (Westlands) Nelleon Place P.O Box 20023—00200, Nairobi Tel: 4445240/65 Mobile : +254 736122920 Fax: 020-4440049 Nairobi Email: [email protected] Web: www.casconsult.co.ke
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Project Fact Sheet
This report is the Resettlement Action Plan (RAP) for infrastructure improvement projects in,
Kihoto, Karagita, Kamere and Kasarani informal settlements in Naivasha
Fact Sheet
Project name Kenya Informal Settlements Improvement Project (KISIP)
Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements
Lead implementing agency Ministry of Lands Housing and Urban Development
Funding Agency World Bank
Consultants CAS Consultants and IPE Global
Start Date 22 August 2012
Completion Date February 22, 2014
Team Leader Dr. Eng. Sebastian Mwarania
Deputy Team Leader Sidhartha Patnaik
Target Settlements Naivasha: Kihoto, Karagita, Kamere and Kasarani.
RAP Est Cost KShs. 13,779.150.00
Est Project Cost KShs 1,696,932,209
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Acknowledgement
We would like to thank the community members from Kihoto, Karagita, Kamere and Kasarani settlements for their dedicated participation in the census survey process and consultation process through responding to the survey questions and their hospitality to the enumerators. Special thanks go to the SEC members for their endless support whenever they were called upon from the time of project inception to the end of the RAP studies.
We would like to thank Nakuru KISIP team led by Eng James Ochieng from the Nakuru County government for his commitment in guiding the experts in the field in the inception phase of RAP studies. We also acknowledge the contribution of Naivasha Sub county KISIP team Justine Mayaka, Humphrey Musava and Mary from Social Services in organizing and coordinating the briefing and consultation meetings in the settlements.
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EXECUTIVE SUMMARY
This document is the Resettlement Action Plan (RAP) for the improvement projects under Kenya Informal Settlement Project (KISIP) proposed for the four settlements of Kihoto, Karagita, Kamere and Kasarani in Naivasha Subcounty, Nakuru county.
The proposed projects for implementation include road upgrading, storm water drainage, water supply, sewerage, and floodlighting. These projects will be responding to the current challenges within the four settlements as identified and prioritized through community consultation. An assessment of the impact of the project in the settlements shows that while the positive impacts are beneficial to all, it is the negative effects that will be a challenge to the implementation of the project. A comprehensive Environmental and Social Impact Assessment has been conducted which informed detail designs.
The nature of implementation of the proposed project will trigger moderate loss of livelihood and no displacement of households. As per the RPF the project falls under category S1 because about 1273 individuals or livelihoods, services (307 electricity transmission poles, 9 transformers 16 water kiosks) will be affected. The affected services have been mitigated by provision of money for replacement in the Bills of Quantities and marked as Relocation of services. This RAP is governed by the WB OP 4.12 and the Resettlement Policy Framework (RPF) prepared prior to the approval of KISIP to guide any resettlement issues arising out of the project activities. The negative impacts on Project Affected People (PAPs) for the proposed project are minor (only loses of temporary structures erected on public land and shop fronts but there is no displacement in as much as the project may occasion temporary loss of livelihood).
From November 28,2013 to December 9, 2013, a study was carried out in Naivasha settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement to identify the disruptions and losses anticipated toward effective implementation of KISIP in the Settlement. The disruptions and losses it identified, as well as the proposed mitigation measures were as follows:
Type of Impact/Assets Affected
Brief Description Proposed Mitigation
Project Affected Persons and their Category
The number of persons that would be affected is estimated to be 1273.
The Naivasha Subcounty has designated markets already in Karagita and kasarani while Kamere has a traders market proposed by KENGEN. Hence the authority needs to find a designated market for Kihoto traders and equally implement the Karagita and Kasarani traders market. The PAPs will be compensated but the long term solution is in the operationalisation of the markets
Kiosk (or kibanda) and Road side traders dealing One month advance notice to
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Type of Impact/Assets Affected
Brief Description Proposed Mitigation
Veranda mostly of groceries and light goods
vacate; PAP allowed to salvage all material; Relocation to other site, alternatively cash compensation at replacement cost (calculated without depreciation);
Land lords and tenants Perimeter fences and property on road corridors.
Two months notice to salvage materials and relocate. Two months notice to the tenants to seek alternative tenancy or wait for the readjustment of the structures.
KPLC assets and power lines
Three hundred and seven (307) electricity poles (and their wires), nine (9) transformers.
Shift pole/service as provided for in relocation of services in BoQs
Water Supply Assets Water pipelines (distribution lines) and kiosks
Individual connection to be improved (formal) water services – relocation is provided for in BoQs
Accidental damage of property
should activities of the Project result to damage of property
Owner shall contact the Project through the Project Engineer to provide information and initiate the claims process.
Proposed Rap Implementation Strategy
The broad activities proposed towards effective implementation of the Project, and which will be implemented as per WB requirements and the applicable laws of Kenya (which are quoted in the main report).
Proposed RAP Monitoring and Evaluation Component
The RAP has proposed a Monitoring and evaluation framework to assess whether the Project objectives of compensation are met.
Valuation and Compensation
Since no private land will be taken and all the PAPs are illegally occupying public land meant for the way leaves and road reserves, compensation will be in form of facilitation to the PAPs to relocate their businesses with little loss of livelihoods as possible
From the consultations the following conclusions were reached:
The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit.
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The projects will affect a number of structures built by inhabitants on encroached land, which will have to be removed prior to project implementation. 1271 people will either be affected directly or indirectly.
However, all these structures are temporary ones, which can easily be removed and built up again in a different location.
All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land and fully appreciate that they will directly benefit from the project directly since majority of them live and are affected by the poor infrastructure in the settlement.
Given this situation, monetary compensation payment is required for the selected PAPs so as to give way for the project implementation.
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Table of Contents
EXECUTIVE SUMMARY ................................................................................................................... V
LIST OF ACRONYMS AND ABBREVIATIONS .......................................................................... 13
DEFINITION OF TERMS USED IN THIS REPORT .................................................................... 15
1 INTRODUCTION ............................................................................................................... 17
1.1 Background......................................................................................................................... 17
1.2 KISIP RAP Objectives....................................................................................................... 17 1.3 Location of Affected Areas ............................................................................................... 18
1.4 Cut-Off Dates ..................................................................................................................... 18 1.5 Study Approach and Methodology .................................................................................. 19
1.6 Mobilization and planning ................................................................................................. 19
1.6.1 ...................................................................................................................... Desktop Studies 19
1.6.2 .......................................................................................................... Primary data collection 19
1.6.3 ........................................................................................................................ Census Survey 20
1.6.4 ....................................................................................... Objectives of the Census Survey 20
1.6.5 ......................................................................................................................... Data collection 20
1.6.6 ....................................................................................................... Data Entry and Analysis 20
1.6.7 .............................................................................................. Public Consultation Meetings 20
1.6.8 ....................................................................................................................... Asset Valuation 21
2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT 22
2.1 Other Acts of Parliament Relevant to this RAP ............................................................ 23 2.2 World Bank Operational Policy 4.12 ............................................................................... 24
2.2.1 ..................................... Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12 25
2.3 Administrative Framework ................................................................................................ 26
2.3.1 ...................................................... Ministry of Lands, Housing & Urban Development 27
2.3.2 ........................................................................................................... Naivasha Subcounty , 27
2.3.3 .......................................... National Environmental Management Authority (NEMA). 27
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2.3.4 ...................................................................................................... Provincial Administration 27
2.3.5 .............................................................................................. Ministry of National Treasury 28
2.3.6 ..................................................................... Settlement Executive Committees (SECs) 28
2.3.7 ............................................................................................ Kenya Urban Roads Authority 28
2.3.8 ...............................................National Environment Management Authority (NEMA) 28
3 CHAPTER THREE– PROJECT DESCRIPTION ......................................................... 29
3.1 Project Description and Design ....................................................................................... 30
1.1.1 ......................................................................................................................................... Roads 31
3.1.1 ....................................................................................................................... Drainage works 32
3.1.2 .............................................................................................. Water Supply and Sewerage 32
3.1.3 ...................................................................................................................... Security Lighting 32
3.1.4 .................................................................................................... Solid Waste Management 32
3.2 Summary of Project’s Resettlement and Relocation Impacts as shown in Table 3.3 33
4 BASELINE SOCIO-ECONOMIC SITUATION .............................................................. 37
4.1 Background......................................................................................................................... 37
4.1.1 ......................................................................................................................................Karagita 37
4.1.2 ......................................................................................................................................... Kihoto 38
4.1.3 ...................................................................................................................................... Kamere 40
4.1.4 .....................................................................................................................................Kasarani 41
4.2 Minority and Vulnerable Groups ...................................................................................... 42
5 PUBLIC CONSULTATION AND DISCLOSURE ......................................................... 43
5.1 Background......................................................................................................................... 43
5.1.1 ............................................................................................................ Objectives and Goals 43
5.2 Stakeholder Engagement ................................................................................................. 43
5.2.1 ................................................................................... Community Sensitisation Meetings 44
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5.2.2 ................................................................................................................ Household Surveys 46
5.3 Disclosure of the RAP Report .......................................................................................... 46
5.3.1 ............................................................... Disclosure of RAP report by MLHUD and WB 46
6 IMPACTS AND MITIGATION MEASURES .................................................................. 47
6.1 Evaluation of the Impacts of the Project ........................................................................ 47
6.1.1 ................................................................................ Number of Project Affected Persons 47
6.1.2 .............................................. Loss of Structures and Proposed Mitigation Measures 48
6.1.3 ................................................. Loss of Revenue and Proposed Mitigation Measures 53
6.1.4 ................Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures ..................................................... 59
6.2 Eligibility .............................................................................................................................. 60 6.3 Valuation and Compensation for Losses ....................................................................... 60
6.4 Payment of Compensation ............................................................................................... 61 6.5 Notification .......................................................................................................................... 62
6.6 Grievance Redress Mechanism ...................................................................................... 62
6.7 Implementation Schedule ................................................................................................. 63
6.8 Monitoring and Evaluation ................................................................................................ 66
6.9 Costs and Budget .............................................................................................................. 67
7 CONCLUSIONS ................................................................................................................ 69
APPENDICES .................................................................................................................................... 70
o Appendix 1 Project Design Layouts of the Project Areas/Settlements .................. 71
o Appendix 2 Minutes and Attendance Lists of the Community Consultation ..... 76
o Appendix 3 Interview Guide Used to Collect Data on Project Affected Persons 93
O Appendix 4 Schedule of Project Affected Persons .............................................. 112
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List of Tables
Table 1.1 Investment Priorities according to Socio-economic Survey, Community Consultantions
and Concept Designs Error! Bookmark not defined. Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation 20 Table 2.2 Showing the specific objective and action taken. 21 Table 2.3 Summary of Institutional Framework and their Capacity for Implementation. 24 Table 3-1: List of investment priorities based on FGD 27 Table 3.2: Types of projects proposed in the selected settlements 1 Table 3.3 Project types and impact on residents 4
Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement. 15
Table 5-2 Schedule of Public Meetings 15 Table 5.2 showing photos of public meetings 17 Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority
of Cases Studied 24 Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use 28
Table 6.3: Total Number of Employees in the Business 31 Table 6.4: Average Net Business Income (Profit) Per Day 31 Table 6.5: Entitlement Matrix 32
Table 6.6: Proposed Implementation Schedule 38
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List of Figures
Figure 3.2: Map of project areas and Naivasha Township ............................................................ 30 Figure 4.1 Summary of Socioeconomic survey findings karagita ................................................... 7 Figure 4.2 Summary of Socioeconomic survey findings Kihoto ...................................................... 8
Figure 4.3 Summary of Socioeconomic survey findings in Kamere ............................................. 10
Figure 4.4 Summary of Socioeconomic survey findings in Kasarani ........................................... 11
Figure 6.1: Category of Project Affected Persons by Encroachment on Public land ................ 21
Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed Infrastructure in Naivasha Informal Settlement................................................................................ 22
Figure 6.3: Type of Project Affected Assets ..................................................................................... 23 Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement ................................. 27
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LIST OF ACRONYMS AND ABBREVIATIONS
AFD Agence Francaise de Developpement
CBO Community-based Organization
CDF Constituencies Development Fund
CEMP Community Environmental Management Plan
NAIVAWASS Naivasha Water Supply and Sanitation
EA Enumeration Areas
EIA Environmental Impact Assessment
EMP Environmental Management Plan
ESIA Environmental and Social Impact Assessment
FBO Faith-Based Organization
FGD Focus Group Discussion
GoK Government of Kenya
KISIP Kenya Informal Settlements Improvement Project
KMP Kenya Municipal Program
KNBS Kenya National Bureau of Statistics
KURA Kenya Urban Roads Authority
KWFT Kenya Women’s Finance Trust
LA Local Authority
LASDAP Local Authority Service Delivery Action Plan
LATF Local Authority Transfer Fund
MM Man Month
MoH Ministry of Housing
MoL Ministry of Lands
NACHU National Cooperative Housing Union
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NEMA National Environment Management Authority
PAD Project Appraisal Document
PAP Project Affected Person
PDP Part Development Plan
RAP Resettlement Action Plan
SIDA Swedish International Development Agency
SPA Special Planning Area
SRS Simple random sampling
SUP Settlement Upgrading Plan
ToR Terms of Reference
WaSSIP Water and Sanitation Services Improvement Project
WSB Water Services Board
WSTF Water Services Trust Fund
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DEFINITION OF TERMS USED IN THIS REPORT
The following terms shall have the following meanings, unless the context dictates otherwise:
Census: A field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) within the project area boundaries. The meaning of the word also embraces the criteria for eligibility for compensation, resettlement and other measures emanating from consultations with affected communities.
Project Affected Person: This is a person affected by land use or acquisition needs of the Kenya Informal Settlements Improvement Project (KISIP). The person is affected because s/he may lose “title to land or right to its use”, and/or “title rights or other rights to structures constructed on the land” (thus s/he may lose, be denied, or be restricted access to economic assets, shelter, income sources, or means of livelihood). The person is affected whether or not s/he must move to another location.
Compensation: The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets thereon.
Cut-off date: The date of the meeting held at the conclusion of the census survey but before disclosure of the Resettlement Action Plan, when the list of Project Affected Persons identified from the census survey will be finalised, and all Project Affected Persons will be officially notified of intention for land acquisition. This is the date on and beyond which any other person who occupies the land delineated for project use, will not be eligible for compensation.
Displaced Person: A person who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Person is physically relocated. The person will have his or her: standard of living adversely affected, whether or not the Displaced Person must move to another location; lose right, title, interest in any house, 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.
Involuntary Displacement: The involuntary acquisition of land resulting in direct or indirect economic and social impacts caused by: loss of benefits from use of such land; relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the Displaced Person has moved to another location or not.
Involuntary Land Acquisition: This is the repossession of land by government or other government agencies for compensation, for the purpose of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights.
Land: This refers to agricultural and/or non-agriculture land and any structures thereon whether temporary or permanent and which may be required for the Project.
Land Acquisition: This means the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project.
Rehabilitation Assistance: This means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities,
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needed to enable a Displaced Person to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels.
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1 INTRODUCTION
1.1 Background
The development of the RAP is part of the Consultancy services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements, under the Kenya Informal Settlements Improvement Project’s (KISIP) Component 3: Infrastructure and Service Delivery. Component 3 supports investment in settlement infrastructure. Other KISIP components address institutional capacity, land tenure and urban planning issues.
KISIP is funded by the Government of Kenya (GoK), the World Bank, the French Development Agency (AFD) and the Swedish International Development Agency (SIDA). The Ministry of Lands, Housing and urban Development (MLHUD) is the lead implementing agency (hereafter referred to as the ‘Client’). Local authorities are expected to work closely with the Consultant on community mobilization and consultation and they will later supervise the implementation of upgrading works in their jurisdictions.
The types of infrastructure that are eligible for funding under KISIP include: roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste management, storm water drainage, water and sanitation systems, electrification, public parks and green space. Social infrastructure such as schools, recreation centers and health clinics are not eligible for funding under KISIP. A separate government program, KENSUP (Kenya Slum Upgrading Program), provides funding for these types of social infrastructure in the informal settlements, in addition to basic infrastructure such as roads, water, sanitation and security lighting.
This RAP is part of the Environmental and Social Impact (ESIA) report which has been undertaken for the project. The ESIA identified relocation as one of the project impacts.
1.2 KISIP RAP Objectives
KISIP’s overall development objective is to improve living conditions in Kenya’s informal settlements.
The precise aim of this 12-month assignment (hereafter referred to as ‘the Project’) is to work with communities in Naivasha informal settlements, their corresponding Local Authorities and the Client to prioritize and design infrastructure improvements in select settlements within a pre-defined budget (i.e. a cost cap per hectare). In as much as the project is to improve infrastructure, the resulting negative impacts including displacement and loss of livelihoods is undesired. Therefore Resettlement Action Plan is formulated to mitigate against displacement of households and loss of livelihoods.
Oobjectives of KISIP RAP
I. To provide a policy, legal and institutional framework for responding to all displacement impacts occasioned by activities undertaken under KISIP. This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by
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(a) the involuntary taking of land resulting in relocation or loss of shelter; loss 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.
II. To offer choices among, and identify technically and economically feasible resettlement alternatives; and,
III. To put in place modalities for providing prompt and effective compensation at full replacement cost for loss of assets attributable directly to the project and provide support during the transitional period to enable the affected people to improve or at least restore their pre-impact living standards.
1.3 Location of Affected Areas
The prioritized infrastructure in Naivasha settlements includes roads, drainage, water supply, sewerage and security lighting. All these infrastructure on the Settlement Upgrading Plans (SUPs) are all proposed on the existing road corridor and reserve so as to minimize socio-economic impacts and enhance the benefits of the project in the settlements table 1.1 below shows investment priorities of each settlement in Naivasha. The existing road reserve and public land will host the entire proposed infrastructure. Proposed infrastructure improvement layout for the respective settlement is as presented in Appendix 3.
A census was conducted on all the individuals found within the area of project implementation as presented in the layouts attached as appendix 3.
For purposes of this study therefore, the location of project affected persons (PAPs) was set as individuals carrying out economic activities on the proposed project roads mapped out for improvement as shown in the project design layouts in Appendix 1
Identification of Affected Persons
The Project Affected Persons (PAPs) were identified as land users found within the mapped out roads for improvement at the time of the field studies. Due to the diverse nature of activities and developments on the project development areas, PAPs were classified into:
i. Structure owners/landlords
ii. Business owners/ tenants
iii. Land owners (41)
iv. On road service providers (2)
1.4 Cut-Off Dates
The cut-off date was set as December 09, 2013 which was the date on which the census survey for the PAPs was completed. This cut-off date was publicly declared in meetings
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held in the settlements. Any person who occupies the project affected area after this cut-off date is not entitled to consideration for compensation and relocation assistance.
1.5 Study Approach and Methodology
The entire RAP was conducted in three (3) stages namely:
Desk Study;
Field Study;
Reporting.
1.6 Mobilization and planning
CAS Consultants held a start-up meeting with KISIP team Naivasha Subcounty on December 02, 2013 before embarking on field work. During this meeting, CAS briefed the Subcounty KISIP team on;
The main objective of the assignment;
The scope and duration of work
The level of participation of the sub county staff;
1.6.1 Desktop Studies
An in-depth literature review was done before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. Since literature review is a continuous exercise, more documents were reviewed during reporting stage.
Some of the documents that were reviewed included:
KISIP Resettlement Policy Framework (RPF)
World Bank Operation Policies (OP);
Past related projects in Kenya;
1.6.2 Primary data collection
Primary data collection was done through:
Census and Household Survey of all the people who have property on the project areas,
Formal and Informal Interviews with key stakeholders;
Public meetings in the settlements;
Site walks along the line by the sociologists
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1.6.3 Census Survey
In order to estimate the total number of persons who have encroached on the project sites, primary data collection through administration of questionnaires to the identified Project Affected Persons was conducted. Census and Household surveys were conducted from November 29, 2013 and December 09, 2013.
1.6.4 Objectives of the Census Survey
The objectives of the census and social survey were as follows:
To identify and quantify different categories of Project Affected Persons (PAPs) who would require some form of assistance, compensation, rehabilitation and/or relocation;
To value and develop a comprehensive budget covering lost shelter, assets, crops and sources livelihoods within the project area;
To develop livelihood restoration arrangements and implementation of the RAP;
To prepare a socio-economic profile of PAPs;
To collect baseline data for development of the Resettlement Action Plan (RAP).
1.6.5 Data collection
The enumeration exercise was conducted by the trained enumerators who administered the questionnaire to the PAPs.
1.6.6 Data Entry and Analysis
After data collection, data was entered by the supervisors and trained data entry clerks. Data entry was done using Microsoft Excel and analysed by the Social Scientists who were managing the project through statistical analysis software, specifically Statistical Package for Social Students (SPSS). Data was presented using descriptive statistics including Tables, Graphs and Pie charts.
1.6.7 Public Consultation Meetings
Public consultation meetings in the respective settlements were organised by the sociologists with the help of the provincial administration. In attendance were the consultants representative, SECs, provincial administration and village elders and the members of the public. Minutes and proceedings of the meetings are in Appendix 2.
A total of 4 public consultation meetings were held, each per settlement. On Monday, December 02, 2013 meeting was held in Kihoto at 16:00hrs, Tuesday December 03, 2013 meetings were held in Kamere at 10:00hrs and Kasarani at 14:00hrs. The meeting in Karagita failed to meet a quorum. The public meetings provided a platform for expression of overall opinions, issues and concerns by community members who have interests and will be affected by the KISIP implementation.
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Meetings with the local administration as well as community sensitisation were conducted as shown presented in the Public Consultation Chapter of this Report.
1.6.8 Asset Valuation
The asset valuation was conducted December 2013 to establish the structures (houses and other structures), crops and trees of the PAPs that would be affected by the resettlement exercise and subsequent improvement of the infrastructure in the settlement.
Full Replacement Cost method was used to determine the value of the affected structures and houses. The Full replacement cost method of valuation seeks to facilitate the owner of the structure to develop a similar or an improved structure at current market costs in another location. Assets in Kenya are valued on the principal of ‘market value’. Under the Action described in this report, market value will be understood to mean an amount equal to or greater than the replacement value of the affected asset as at the time of the Project compulsorily acquiring the asset. Thus, the just compensation value that will be awarded to affected persons will be an amount not less than the market value of the asset as at the time of acquiring the asset.
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2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT
This section gives a description of the Laws of Kenya whose requirements were reflected upon in preparation of this RAP report. The section in addition describes the provisions of WB OP 4.12 taken into cognizance; and, makes a comparison of this with the Kenyan law.
Name of Act Application Remarks
The Land Act No.6 of 2012
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.
Applies to allocation of and dealings with
Public land and private land. All encroachment on the public right of way under the section 143 of the Act will not be compensated or permitted
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 voluntarily remove their structures without expectation of any compensation
The Constitution of Kenya
2010, Section 40 (3)(ii)
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.
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.
The Physical Planning Act, Cap 286 (Act No 6 of 1996)
Requires preparation of development plans for every intended development and invitation to the public to comment /object to the development
To be considered when planning residential sites and other relocation sites.
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Name of Act Application Remarks
Land Registration Act No. 3 of 2012
A maximum of 5 persons can be registered as owners of one piece of land.
Would be applicable if land identified for relocation of the Naivasha PAPs is registered under this Act.
The Public Procurement and Disposal Act No 3 of 2005 and the Public Procurement And Disposal (Public Private Partnerships) Regulations, 2009
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.
Kenya Roads Act Cap.2 Applies specifically to the function of Kenya Urban Roads Authority in implementation of the KISIP road upgrading project.
KURA shall have the Responsibility for supervising construction, rehabilitation and maintenance of all public roads in the municipalities in Kenya under KISIP 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
Regulations require RAP whenever relocation is identified as a project impact.
2.1 Other Acts of Parliament Relevant to this RAP
Other Acts pertinent to this RAP are:
a) The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act (No. 56 of) 2012: This Act makes further provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities, and gives effect to the Great Lakes Protocol on the Protection and Assistance of Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purposes.
In this Act, provisions on the relationship between internal displacement and “public interest” are observed, where “public interest” is construed in reference to development projects or interests for the benefit of the people of the Republic, including persons displaced by such projects or interests. Vis-à-vis, according to the Act, displacement and relocation due to development projects or interests shall only be lawful if justified by compelling and overriding public interest; and, where the displacement and relocation cannot be averted:
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The Government shall minimise it;
The Government shall undertake public consultations with aims that include: i) awareness creation; ii) education on causes, impacts and consequences of internal displacement; and, iii) defining suitable and durable mitigation measures;
The Government shall create the conditions for and provide internally displaced persons with a durable and sustainable solution in safety and dignity, and shall respect and ensure respect for the right of internally displaced persons to make an informed and voluntary decision on re-installation; and,
Without limiting, the conditions that apply for durable solutions shall include: long-term safety and security; full restoration and enjoyment of the freedom of movement; enjoyment of an adequate standard of living without discrimination; access to employment and livelihoods; access to effective mechanisms that restore housing, land and property; access to documentation; equal participation in public affairs; and, access to justice without discrimination.
b) National Museums of Kenya Act: National Museums of Kenya is a state corporation charged with research, management and documentation of historical sites, archaeological sites and site of natural and national heritage and monuments. National Museums of Kenya has also been designated as a national biodiversity centre and is involved in taxonomic and herbaria activities.
c) Trust Land Act Cap. 288: Under this Act, all land that is not registered under any Act of Parliament is vested in local authorities as Trust Land. In these Trust Lands, a person may acquire leasehold interest for a specific number of years. The local authorities retain the powers to repossess such land for their own use should the need arise. By invoking the provisions of this Act, it will ensure proper use of such land within the provisions of the Act.
d) Land Control Act 302: This Act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers can acquire replacement land. It also allows for all private land to be adjudicated and registered following which, a title deed is issued to the registered owner. Additionally, the Act controls the subdivision of agricultural land, in the process stating the economic size for agricultural land. Under the Act, all transferred land is registered with the District Land Registrar following approval by the Land Controls Board.
2.2 World Bank Operational Policy 4.12
The WB’s Safeguard Policy OP 4.12 applies to some components of KISIP, and to all economically and/or physically project displaced persons, regardless of the number of people affected, the severity of impacts, and the legality of land holding. According to the Policy, particular attention should be given to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities, and other disadvantage persons.
The Bank’s Policy requires that the provision of compensation and other assistance to PAPs is carried out prior to the displacement of people. In particular, repossession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the Bank’s Policy.
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2.2.1 Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12
Table 2.1 summarises the comparison between Kenyan law and the WB OP 4.12 as regards compensation. The main difference between the two is that the Kenyan system recognises only title holders as bonafide property owners; while under the WB OP 4.12, lack of a legal title does not bar in extending assistance and support to those affected by development projects. With respect, the measure this Project will take to resolve this gap, and is reflected in the relevant sections, is the WB OP 4.12 shall prevail.
Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation
Category of Project Affected Persons & Type of Assets
Kenyan Law WB OP 4.12
Land owners Just cash compensation based upon market value as prescribed under statute.
On agreement with PAP, land compensation not exceeding in value the amount of cash compensation considered would have been awarded.
Recommends land for land compensation. Other compensation is at replacement cost
Land tenants Entitled to just compensation based on the amount of rights they hold upon land under relevant laws. Illegal tenants not entitled to compensation
Project Affected Persons are entitled to some form of compensation whatever the legal or illegal recognition of their occupancy.
Land users Entitled to just compensation for crops and any other economic assets. Illegal land users not entitled to compensation
Whatever the legal recognition, entitled to compensation for crops, may be entitled to replacement land and income must be restored to at least pre-project levels.
Owners of temporary buildings
Entitled to just cash compensation based on market value (as prescribed under statute) or entitled to new housing on authorised land under government (state or local) housing programmes.
Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacements.
Owners of permanent buildings
Entitled to just cash compensation based on market value as prescribed under statute.
On agreement with PAP, land compensation not exceeding in value the amount of cash
Entitled to in-kind compensation or cash compensation at full replacement cost, including labour and relocation expenses, prior to displacement
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Category of Project Affected Persons & Type of Assets
Kenyan Law WB OP 4.12
compensation considered would have been awarded.
Perennial crops Cash compensation based upon rates calculated as an average net agricultural income.
As per specifications of the RPF.
The Project therefore has to be developed in accordance with this safeguard policy. The objectives of the policy is summarized in Table 2.2 showing the specific objective and action taken.
Such a Plan has to include (OP 4.12, Annex A, para. 22):
Table 2.2 Showing the specific objective and action taken.
The RPF identified the RAP as the core instrument to be applied in responding to displacement impacts occasioned by implementation of KISIP activities.
2.3 Administrative Framework
During the RAP preparation process, a number of key ministries and regulatory bodies critical to the successful implementation of the RAP were identified. Consultations were held
Requirement Action Taken
1 census survey of displaced persons and valuation of assets
Undertaken in the RAP census between November 29-December 09, 2013.
2 description of compensation and other resettlement assistance to be provided
Provided for in the RAP report and PAPs Identification Schedule of this report
3 consultations with displaced people about acceptable alternatives
The consultant undertook initial public meetings on the settlements.
4 institutional responsibility for implementation and procedures for grievance redress
meeting were held with subcounty officers and more meetings will ensue during the RAP process.
5 arrangements for monitoring and implementation
Provided for in this report
6 timetable and budget Provided for in this report.
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with these bodies in order to outline their legal responsibilities and identify parallel programme that could possibly impact the RAP process. These bodies include:-
2.3.1 Ministry of Lands, Housing & Urban Development
The Program will be implemented under the overall supervision of the Ministry of Lands, Housing and Urban Development. Specifically, the Program will be managed under the Department of Urban Planning who have provided a Project Coordinator, Social Development Officer, Component Leaders and Secretariat Staff. In this capacity, the MLHUD will interface with other sector government agencies such as county government of Nakuru on matters and policies relating to local government and urban development. The MLHUD will interface with Ministry of National treasury on issues pertaining to programme funding to ensure smooth flow of both internal and external funding. MLHUD will communicate directly with the Bank on technical issues related to the implementation of the program including financial, procurement and physical progress of the implementation and all such communication will be take place under the signature of the Permanent Secretary (or his designated representative) as the overall accounting officer for the Ministry.
2.3.2 Naivasha Subcounty ,
For effective implementation of the programme, Naivasha Subcounty will be charge of implementation through its Project Implementation Unit PIU. The sub county will also be members of the Resettlement implementation committee (RIC), chaired by the Local Settlement Executive Committee Chairpersons and draw membership from the Town Engineer, Social Welfare Dept, Enforcement Dept, Survey Dept, Representative of PAPs, Local Chief and Religious Leaders and local civil society/CBO. Each RIC will establish a secretariat within the Works Office of the LA and will be provided with secretarial staff by the LA. 2.3.3 National Environmental Management Authority (NEMA).
NEMA will review all ESIA reports in respect of KISIP sub-projects to ascertain efficacy and adequacy of proposed ESMPs and where displacement is identified as an impact, NEMA will requires that a RAP be prepared to guide the compensation process. RAP report will then have to be reviewed and cleared by NEMA before implementation and grant of Environmental Licenses.
2.3.4 Provincial Administration
The provincial administration in Kenya is in charge of provincial boundaries which have divided Kenya into eight administrative boundaries. The provincial administrative structure is headed by County Commissioner appointed by the president supported by Assistant Commissioner, Location Chiefs and their assistant and the Village Elders. Their role in project implementation is to provide security and linkage to the central government.
2.3.5 Ministry of National Treasury
Ministry of National Treasury is the borrower and interlocutor for the World Bank regarding KISIP. The MoF will therefore be responsible for the negotiations and signing of the credit and any amendments to the project’s legal agreement.
2.3.6 Settlement Executive Committees (SECs)
All the settlements have functional settlement executive committees (SECs) elected by communities from amongst themselves. They act as the bridge between the project and the
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No Institution Role Capacity
1 Ministry of Land Housing
and Urban Development
Houses the KISIP project
Provides policy direction
Handle land tenure issues
The ministry has experts in
key areas: land management and administration, physical planning, resettlement
2 County Government of
Nakuru
Has the responsibility of implementing
the RAP as spelled out in the RPF.
Financial capacity is lacking.
In the transition, KISIP
providing assistance
3 Kenya Urban Roads
Authority
In charge of the management of urban
roads. It approves road designs and
maintains roads.
Capacity exists
4 KPLC Responsible for relocating electricity
transmission lines from the road
reserves
Capacity exists. Costs
provided in the BQ.
5 Naivasha water supply and sewerage company
(NAWASSCO)
Responsible relocating affected water
infrastructure e.g. pipes, water kiosks to
maintain service levels
Capacity exists. Costs
provided in the BQ.
6 National Environment
Management Authority
(NEMA)
Approving and issuing EIA licenses for
projects which have addressed
environmental and social impacts
Capacity exists. Costs of
license provided for in the
budget.
7 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
Capacity exists and funds will
be made available.
community, representing community interests, undertake community mobilization, act on behalf of the community, and ensure seamless flow of information between the community and the project. They also play a key role in conflict resolution and management.
This team has received training on various project management skills.
2.3.7 Kenya Urban Roads Authority
In charge of the management of urban roads. It approves road designs and maintains roads and hence implementation, operation and maintains of the proposed infrastructure.
2.3.8 National Environment Management Authority (NEMA)
Approving and issuing EIA licenses for projects which have addressed environmental and social impacts. Costs of license provided for in the budget. Other relevant institutions have been summarized in Table 2.3 indicating also their capacity in implementation.
Table 2.3 Summary of Institutional Framework and their Capacity for Implementation.
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3 CHAPTER THREE– PROJECT DESCRIPTION
Project Location
The project will be implemented in Kihoto, Karagita, Kamere and Kasarani settlements in Naivasha subcounty, Nakuru County which are entirely urban informal settlements. Nakuru County has several local authorities which Naivasha subcounty is among them. Nakuru County covers 7,495 sq. km and a population of 1,603,325 (2009 Census), the density of Nakuru County is 214 persons per sq. km. The share of urban population in Nakuru is 45.8% and it is the sixth largest urban centre in the country. Naivasha was formerly in the larger Nakuru District in Rift valley province but currently it belongs to the newly created Naivasha District. It is situated about 90 km northwest of Nairobi and about 70 km from Nakuru town. In 1979, Naivasha was designated as an Urban Council and in 1993 it was elevated to its current status of a Municipality. The Council has jurisdiction over an area of 941sq. km including the area of the Lake Naivasha of 241 sq. km. Naivasha is one of the biggest Municipalities in Kenya. Naivasha Municipal Council created under the Local Government Act Cap 265, now repealed by the County Government Act, 2012.
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3.1 Project Description and Design
KISIP was designed with the following four components:
Component 1: Strengthening institutions and project management - This component
will support institutional strengthening and capacity building of the Ministry of Housing, the
Ministry of Lands, and the participating municipalities. It will also finance the management
activities associated with project implementation and establishment of a monitoring and
evaluation system.
Component 2: enhancing tenure security- This component will support systematization
and scale-up of ongoing efforts to strengthen settlement planning and tenure security in
urban informal settlements.
Component 3: Investing in infrastructure and service delivery - This component will
support investment in settlement infrastructure, and, where necessary, extension of trunk
infrastructure to settlements.
Component 4: Planning for urban growth- will support planning and development of
options that facilitate the delivery of infrastructure services, land, and housing for future
population growth. During SES and FGD, the community and SEC members also identified
investment priorities. The list included in order of priority the following: piped water
connection and setting up of water points; roads; setting up more garbage collection points;
construction of public/private toilets; storm water drainage; security lighting; vendor
Figure 3.2: Map of project areas and Naivasha Township
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platforms; and electrification (Table2.1). However, it may be noted that the households did
not recommend construction of vendor platform
The prioritized investment which has been settled on for the two settlements based on their
feasibility and consultation with the stakeholders are described in the following sub-sections.
Table 3.2 below shows selected projects in each settlement for implementation.
Table 1.2: Types of projects proposed in the selected settlements
Municipality
Settlement
Storm water
drainage
Sewerage
Drinking water
supply
Road upgradi
ng
Flood- lightin
g
Solid Waste
management
(optional)
Naivasha Subcounty
Kihoto x x x x x x
Karagita x - x x x x
Kamere x x x x x x
Kasarani x x x x x x
For more detailed descriptions of each of these projects, see the respective Settlement Upgrading Plans, Final Design Reports and Project design layouts in Appendix 1.
When undertaken, these initiatives have the potential of responding to the following current problems:
The challenge of accessibility within the four settlements by improving the poor road
The challenge of flooding, and soil erosion within the four settlements during rainy seasons and addressing sanitation issues.
The challenge of insecurity due to poor lighting within the four settlements.
It was however established that the implementation process may require the following adjustments:
All structures on land to be used by the project (for road upgrading, the sewer line and the drainage channel) must be removed before the commencement of the project.
The relocation and resettlement issues must be addressed before the commencement of the project.
1.1.1 Roads
The roads will be paved and will entail tarmac, and murram roads. The draft aerial design of
the roads in the four settlements of Naivasha is shown in Appendix 2 as the project design
layouts.
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3.1.1 Drainage works
Insufficient and malfunctioned drainage systems, often causes flooding. This was
considered as a major problem in some of the settlements included in this study. The
combination of waste (plastic bags to a large extent) and sand can completely clog culverts
and drains. Maintenance of the new structures will be essential, and a good solid waste
management should be implemented in order to reduce this problems. Aerial impressions of
the proposed drainage systems per settlement are attached as Appendix 2.
3.1.2 Water Supply and Sewerage
In a considerable number of settlements included in the study, drinking water is a problem
while the available Lake water is not good for drinking purposes due to high content of
flouride. While the infrastructure of pipes may be available, there are issues concerning
supply (rationing/peak demands not being met), quality and cost of the product). Very few
households are connected to a sewerage system. In some instances there is no sewage
infrastructure at all and where it exists, it is plagued by blockages and is not functional. This
investment menu will be rolled out in Kihoto, Kamere and Kasarani settlement. Karagita
settlements will not be implemented because there are already similar initiatives on going in
the settlement. Aerial impressions of the sewerage network for the settlements is attached
as Appendix 2
3.1.3 Security Lighting
Providing of street or security lighting in the settlements, will ensure enhanced lumination
and security in areas like public transport terminals, markets, schools, social halls, police
posts, playing fields and walking routes. The consultant has proposed 17 tower masts
Kihoto 5, Karagita 5, Kamere 3 and Kasarani 4. Minimal environmental and social issues are
expected as a result of the implementation of this type of projects, while many positive
impacts are expected.
3.1.4 Solid Waste Management
The community cooker station will provide a safe, easy and conveniently located where
smaller loads delivered by handcarts and individuals will be consolidated, sorted and
utilized. The proposed community cooker collects and burns rubbish in order to generate
heat that can be used for cooking, baking, boiling water and for other light industrial
purposes. The cooker turns rubbish into energy for cooking, baking and boiling water. It has
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two complementary functions; to address sanitation, health and environmental issues
associated with the growing mounds of rubbish in informal settlements, and to provide
communities with alternatives to charcoal, firewood and paraffin for cooking meals and
boiling water. The Community Cooker has the potential to transform informal settlements
and rural villages into resource rich communities. Simple Layout of community cooker is
shown below in figure 4.1. five number community cooker will be constructed one in Kihoto,
Kamere, Kasarani and two in Karagita due to the expansive and densely population.
3.2 Summary of Project’s Resettlement and Relocation Impacts as shown in
Table 3.3
.
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Table 3.3 Project types and impact on residents
Project Type Characteristics Potential impact on residents Mitigation measures
Floodlighting Intervention localised in one spot (position of the masts). Sites for masts selected in a way as not to interfere with present land occupation by residents (location in specific public land).
None None
Road upgrading
Upgrading existing roads, surfacing.
Linear structures, but only existing roads will be upgraded, no construction of new roads
Where residents have encroached on road way-leave, by expanding their plot of land, they will have to liberate this space. Any structures on the road way-leave will be removed.
No land outside of the road right-of-way will be occupied, no physical relocation of residents required. The consultant has also undertaken a census of such property
Occupation of road way-leave illicit, occupied land must be liberated, no compensation to be made.
Through long term occupation without any objection from the land owner municipality, state), the occupation turned into a customary right. Compensation might have to be made.
Compensation for severance and loss of livelihood for a calculated number of days. A census has been undertaken to establish the PAPs and their entitlements.
Storm water drainage
Main components:
Upgrading or rehabilitating of existing drainage channels.
Possibly construction of some new drainage channels.
Maintenance of or construction of new culverts, road crossings etc.
Potential impacts:
Temporary impact by constructing of drainage channel within compound; once this is covered, the land will be available again.
Permanent occupation of a part of some compounds if open channels are
Occupation of road way-leave illicit, occupied land must be liberated, no compensation to be made.
Through long term occupation without any objection from the land owner municipality, state), the occupation turned into a customary right. Compensation might have to be made.
Compensation for severance and loss of
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Upgrading or construction of main drainage channel.
All are linear structures, potentially resulting in conflicts with present land occupation.
constructed.
All efforts were made in the planning stage to avoid or minimise impacts.
livelihood for a calculated number of days. A census has been undertaken to establish the PAPs and their entitlements.
Sewerage Main components:
Upgrading of existing sewage channels or ducts.
Construction of new channels or ducts.
Construction of trunk sewage channel or duct.
Construction of WWTP (waste water treatment plant) if connection to an existing one is not feasible
Ablution blocks
Linear structures (with the exception of the WWTP).
Basically same impacts as for drainage (see above), but probably to a lesser extent (smaller structures).
Same efforts taken to avoid and minimise impacts.
Same types of compensation as for drainage (see above).
Potentially some temporary impacts (ducts crossing a compound), for which an inconvenience compensation will have to be made. However, if work has to be done within a compound for connecting the house to sewerage system, this will not be considered as a nuisance entitling for compensation.
Drinking water supply
Main components:
Water reservoir.
Main ducts to settlements.
Distribution system within settlement.
Linear structures (with the exception of the reservoir).
Basically same potential impacts as drainage (see above), however, to a much lesser extent, since the ducts and distribution pipes will be underground, mostly following or within roads.
Same types of compensation as for drainage, however, expected to be much less, since structures mainly aligned in or along roads.
Potentially some temporary impacts (ducts crossing a compound), for which an inconvenience compensation will have to be made. However, if work has to be done within a compound for connecting the house to the piped water system, this will not be considered as a nuisance entitling for compensation.
Solid Waste Management
Main components:
Solid waste management
The community cookers in the four settlements has been
By provision of community cooker and security lights, the subcounty government
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transfer sites anchored on public land under control of Naivasha Subcounty council. The community cooker and security lights will utilise same land.
has promised to cede off land for this critical service.
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4 BASELINE SOCIO-ECONOMIC SITUATION
4.1 Background
The socio-economic baseline is a part of Kenya Informal Settlement Improvement
Project (KISIP) which aims at improving the living conditions of informal settlements
in Kenya. The assignment involves three main tasks viz. conducting socio-economic
survey of selected settlements; preparing a preliminary settlement up-gradation plan,
including design and feasibility studies for proposed infrastructure investment; and
preparing a final up-gradation plan along with detailed engineering designs and bid
documents. The scope of the assignment is limited to selected settlements in three
municipalities, namely Nairobi, Machakos, and Naivasha. This report presents the
key findings of socio-economic survey conducted in four settlements in Naivasha viz.
Karagita, Kihoto, Kamere, and Kasarani. Detailed socioeconomic baseline report is
found in the Socio-economic Report of the Naivasha Subcounty settlements. Below
are excerpts of the settlement as found in socio-economic report.
4.1.1 Karagita
Figure 4.1 Summary of Socioeconomic survey findings karagita
In Karagita, socio-economic survey covered 364 households. Key findings are as follows:
94.2% of the households are rent paying tenants.
69.3% of the owners have a certificate or freehold title and remaining owners possess temporary occupation license.
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Only 11.3% of the households have access to improved roads (i.e. paved/gravel/ murram/ tarmacked roads) and about one-fourth (23.9%) have mentioned that roads are usable during rainy season.
A miniscule proportion of the households, 1.1%, have access to private/ shared piped water supply, and the reaming households rely on water kiosks/tankers/ vendors/etc.
85.4% of the households have electricity connection.
Only 5.5% of the households have reported availability of street lights.
76.9% of the households use public/shared latrine and another 22.8% have individual latrines.
Only 7.7% of the households have their toilets formally connected to public sewerage system while 87.6% dispose excreta into pit latrines.
30.5% of the households have drains outside their houses
17.1% of the households avail garbage disposal services provided by city collection system or private/CBO run system.
47.5% of the households consider flooding during rains a severe problem, while for 43.4% of the households garbage dumping in nearby areas is a severe problem.
Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 67.4%, 62.2%, and 90.8% of the households respectively.
42.3% of the households have identified malaria as one of the major disease burdens in the settlement while another 32.1% of the households mentioned respiratory problem as a dominant health issue.
4.1.2 Kihoto
In Kihoto, socio-economic survey covered 426 households. Key findings are as follows:
Figure 4.2 Summary of Socioeconomic survey findings Kihoto
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91.3% of the households are rent paying tenants.
90.9% of the owners possess a freehold title or a certificate of title, and 6% have a temporary occupation license or share certificate for the land.
Only 9.5% of the households have access to improved roads (i.e. tarmac/gravel/ murram/ paved roads) and only 14.3% have mentioned that roads are usable during rainy season.
Almost all households (83.8%) rely on water kiosks/tankers/ vendors/etc. for water supply. A negligible proportion (0.7%) of the households have piped water supply either through private or shared connection.
85.4% of the households have electricity connection.
Only 4% of the households have reported availability of street lights.
70% of the households use public/shared latrine while 30% of the families have individual latrines.
8% of the households are formally connected to public sewerage system and another 83.8% dispose excreta into pit latrines.
30.8% of the households have drains outside their homes.
18.8% of the households dispose garbage through private collection, city collection system, or system run by CBO.
54% of the households consider flooding during heavy rain as a severe problem, while for 28.2% households garbage dump in nearby areas is a severe problem.
Non-availability of high school, health clinic, hospital, and park within 20 minutes of walking distance have been reported by 92.4%, 70.5%, 87.6%, and 89.2% of the households respectively.
Malaria, respiratory problems and typhoid have been identified as predominant diseases by 48.8%, 28.2% and 16.2% of the households respectively.
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4.1.3 Kamere
Figure 4.3 Summary of Socioeconomic survey findings in Kamere
Socio-economic survey in Kamere covered 387 households. Key findings are as follows:
97.4% of the households are rent paying tenants.
66.6% of owners possess either a certificate of title or a freehold title and remaining owners possess letter from chief or temporary occupation license.
Only 21.5% of the households have access to improved roads (i.e. tarmacked/gravel/ murram/paved roads) and a little more than one-fourth (27.5%) have mentioned that roads are usable during rainy season.
Barring 1.5% of the households who have access to piped water supply through private/shared connection, all other households rely on water kiosks/tankers/ vendors/etc.
70.2% of the households have electricity connection.
Barring 1, all the households have reported non-availability of street lights.
70% of the households use public/shared latrine and another 29.2% have individual latrines.
Only 9.7% of the households have toilet facilities formally connected with the public sewerage system. The remaining 85.4% of the households dispose excreta into pit latrine.
About one-third (33.2%) of the households have drains outside their homes.
15.4% of the households dispose garbage through private collection, city collection system, or system run by CBO.
61.2% of the households consider location of houses in the proximity of garbage dump as a severe problem. Similarly, 28.2% of the households have stated flooding during heavy rain as a severe problem.
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Non-availability of primary school, high school, hospital, and park within 20 minutes of walking distance have been reported by 47.5%, 91.5%, 90.5%, and 76.5% of the households respectively.
Malaria and typhoid have been identified as predominant diseases by 41.7% and 30.6% of the households respectively.
4.1.4 Kasarani
Figure 4.4 Summary of Socioeconomic survey findings in Kasarani
Kasarani, socio-economic survey covered 412 households. Key findings are as follows:
90.1% of the households are rent paying tenants.
62.9% of owners possess either a freehold title, or a certificate of title, and 29.6% have a temporary occupation license, or a letter from chief.
Only 9.8% of the households have access to improved roads (i.e. gravel/murram/ paved roads) and about 24.6% of the households have mentioned that roads are usable during the rainy season.
12.2% of the households have piped water supply through private/shared connection, remaining households rely on water kiosks/tankers/vendors/etc.
73.2% of the households have electricity connection.
Only 1.7% of the households have reported availability of street lights.
71% of the households use public/shared latrines, and another 28.4% have individual latrines.
Only 5.5% of the households are formally connected to public sewerage system, while 91.1% dispose excreta into pit latrines.
21.9% of the households have drains outside their homes.
Only 4.7% of the households dispose garbage through private collection system. The city collection or CBO-run collection system does not operate in the settlement.
Proximity to garbage dump and flooding during heavy rains are considered as severe problems by 48.1% and 25.2% of the households respectively.
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Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 83.1%, 95.3%, and 92.2% of the households respectively.
Malaria and typhoid are identified as predominant diseases by 37.7% and 31.1% of the households respectively.
4.2 Minority and Vulnerable Groups
As presented in the previous sections, the study identified the following minority groups:
Household heads of the ages of 18 to 20;
Elderly household heads (over 60 years to 100 years);
Household heads who cannot read and write;
Households that rely solely on crop farming as a source of income.
Vulnerable populations identified among the above minority groups that should be given special attention are:
The elderly;
The youth;
The unemployed;
Female headed households;
Squatters with no alternative land for resettlement.
Households that are a combination of one or more of the above parameters are likely to be impoverished by relocation or resettlement if special programmes are not put in place to cater for their special needs.
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5 PUBLIC CONSULTATION AND DISCLOSURE
5.1 Background
5.1.1 Objectives and Goals
The overall goal of the consultation process is to disseminate information on the relocation plan, compensation plans and responsibilities. The process was also aimed at incorporating the views of the Project Affected Persons (PAP) in the design of the mitigation measures and the Relocation Action Plan.
The main objectives of community consultations were to:
• Provide clear and accurate information about the project to the communities;
• Obtain the main concerns and perceptions of the population and their representatives regarding the project;
• Consult on the community’s perceived negative impacts associated with relocations;
• Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms;
• Identify local leaders with whom further dialogue can be continued in subsequent stages of the project.
5.2 Stakeholder Engagement
Stakeholders were engaged through a series of public meetings held in the four settlements. In summary, Public and Stakeholder engagement was done through:
• Public Barazas at settlement level;
• Household Surveys;
44
Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement.
5.2.1 Community Sensitisation Meetings
The public meetings were conducted with the Project Affected Persons through public barazas at the Location and Sub-Location level. Though the target groups were the PAPs, the meeting was kept open to community members who lived in the settlement. This was expected to disseminate the information to the community members thus the meetings also served as community sensitisation meetings. Minutes and attendance list of the meetings provided in Appendix 2.
The schedule of public meetings was as presented in Table 5-2. For areas where the meetings could not be held, footers are provided after the table.
Table 5-2 Schedule of Public Meetings
Location/Settlement
Venue Date held No. of Attendees
Kihoto Church on the river 02/12/2013 85
Karagita Vine yard Church 02/12/2013 XX
Kamere Hippo Boat point 03/12/2012 28
Kasarani Kasarani Dispensary
03/12/2012 38
Total 151
XX Cancelled due to lack of quorums on 02/12/2013 and cancelled again on o6/12/2013 due to non cooperation by the settlement residents.
45
Table 5.2 showing photos of public meetings
A mobilisation poster as posted in Kamere Settlement.
Members present in the public meeting in Kamere.
A mobilisation poster as posted in Kasarani Settlement.
Members present in the public meeting in Kasarani.
46
Memebers of public read a mobilisation letter at Kihoto.
Public meeting at Kihoto Naivasha.
5.2.2 Household Surveys
A total of 1271 households were consulted during the study. These households included encroachers, structure owners, business owners in the entire settlements.
5.3 Disclosure of the RAP Report
5.3.1 Disclosure of RAP report by MLHUD and WB
The RAP will be posted in the MLHUD website the and WB’s infoshop for public review and comments.
The Final Report should also be made available in either the following ways or both:
• A copy of the report should be made available at the local area administration offices Area Chiefs Office) and at strategic and convenient places in the respective settlements.
Future consultations should include mechanisms to promote consultations to ensure that stakeholders maintain active participation during consultations.
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6 IMPACTS AND MITIGATION MEASURES
6.1 Evaluation of the Impacts of the Project
To make possible evaluation of the impacts of KISIP support on Naivasha Informal Settlemenst, the guidelines provided by the Resettlement Policy Framework (RPF) for KISIP was made use of. Generally, the design for infrastructure improvement in Naivasha Informal Settlements envisages the following disruptions and losses. Proposed against each anticipated disruption and loss is its mitigation measure(s).
6.1.1 Number of Project Affected Persons
The study conducted from November 29, 2013 to December 09, 2013 on PAPs in Naivasha Informal Settlements estimated the number of PAPs to be 1273. Majority of these were established as business tenants (729) then there were 466 property owners, and 78 residential tenants who will be affected. None of the PAPs was located on privately owned land; all were on public land, the land the Project has identified to utilise towards improving the infrastructure facilities in the Settlement. All the PAPs in the four settlements had made developments or encroached onto public land. Residential tenants (78) had their landlords develop corridors or pavements of their residents onto the road reserve.
Figure 6.1: Category of Project Affected Persons by Encroachment on Public land
Source: Field Survey
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6.1.2 Loss of Structures and Proposed Mitigation Measures
However, there are assets on the existing roads, access road reserves and public passageways identified to implement the proposed infrastructure facilities in Naivasha Informal Settlement. The description of these assets is as presented in Figure 6.3 and Tables 6.1.
Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed
Infrastructure in Naivasha Informal Settlement
Encroachment onto the road
by shop fronts. The design
will utilize the LHS of the
road to minimize projects.
49
Figure 6.3: Type of Project Affected Assets
Source: Field Survey
50
Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority of Cases Studied
Type of Affected Structure
Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Cases
Wall Roof Floor Other
Veranda Concrete:4.4% Iron Sheet:6.6% Metal Bars/Mesh Wire:51.1% Wodd:13.3%
Wood:6.6% Iron Sheet:13.3% Metal Bars/Mesh Wire:48.8%
Dumping site Concrete/Stone: 100% Concrete/Stone: 66.6%
Kiosk (or Kibanda)
Iron sheets: 7.2% Wood: 24.7% Metal Bars/Mesh wire:55.1 % Mud/earth/clay 0.1% Concrete stone 4.3% Glass/reeds:0.1% Plastic papers/bags:2.1%
Iron sheets: 1.8% Metal Bars/Mesh Wire:4.6% Wood :0.9%
Cement:0.9 % Concrete/Stone: 0.9% Grass/reeds:0.1% Iron Sheets:18.5% Metal Bars/Mesh wire:31.5% Mud/earth/Clay:5.7% Wood:3.5%
Shade Iron Sheets: 100% Iron Sheets: 100%
Corridors Concrete stone 100% Concrete 50.0%
Wall Concrete stone 100%
Fence Wood: 50.0% Iron sheets:28.5% Concrete stone:21.4%
Tank Concrete stone:50.0% Concrete stone:50.0%
Window Extension
Wood:100% Iron sheets: 100% Cement:100%
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Type of Affected Structure
Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Cases
Wall Roof Floor Other
Toilet Iron sheets:50.0% Concrete stone, Cement::50.0%
Iron sheets:50.0% Wood:50.0%
Ground Metal Bars/Mesh wire:% Metal Bars/Mesh wire:%
Counter Wood:100%
Permanent floor N/A Concrete stone:100%
Houses/Building Iron sheets: 7.2% Wood: 23.6% Cement:1.8% Concrete stone:47.2% Mud/earth/clay:100% Metal Bars/mesh wire:10.9% Plastic papers/bags:1.8% Iron sheets,Wood:3.6%
Iron sheets: 5.4% Wood:1.8%
Cement:1.8% Wood:30.9% Iron Sheet:45.4% Metal Bars/mesh wire:5.4%
Septic Tank Concrete/Stone:100% Iron Sheet:100%
Total (Count) Iron sheets: 130.7% Wood: 129.5% Concrete/Stone: 110.2% Cement: 100% Grass reeds:100%
Iron sheets:156.2% Metal Bars/mesh wire:110.0% Wood:100%
Mud/earth/clay:% Cement:137.5% Concrete/stone:150.0% Grass/reeds:100% Iron sheets:113.7 %
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Type of Affected Structure
Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Cases
Wall Roof Floor Other
Mud/earth/clay:9.0% Metal Bars/mesh wire:120.6% Plastic papers/bags:113.3% Tiles:100%
Metal Bars/mesh wire:111.3% Wood:1000% Tiles:100%
Percentages and totals are based on respondents. Source: Field Survey
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Majority of property to be affected are kiosks/kibandas in the settlement. However, these traders indicated that they are willing to pave way for the project construction. The project should facilitate the PAPs to able to relocate their businesses and structures to other roads not under the project and a severance of 4 days as per the business earnings per day.
The number of electricity poles affected is 316 and 16 water kiosks in the entire four settlement of Naivasha. These has been provided for in the BoQs as relocation of services.
6.1.3 Loss of Revenue and Proposed Mitigation Measures
As illustrated under 6.1.2 above, the field survey conducted in the beneficiary Settlement from the November 29, 2013 to December 09, 2013 established structures for commercial use will be affected toward effective implementation of the Project. These are significant in number. Table 6.2 presents the types of businesses practiced within these Project affected structures for commercial use. Observable, the bulk of business type is in selling of vegetables and/or fruits.
Documented from the field survey, as Tables 6.2 and 6.3 illustrate, all the affected businesses are micro in scale. None is registered; majority operate from temporary structures; they operate from an area averaging less than 5m2 in size; the number of employees per business range from one (1) to six (6), majority of the business are sole proprietorship and ran by owners or family, 94.2% are permanent employees or business owners and 5.7% are on temporal employment. according to the owners, majority 39% earn a profit of not more than Ksh. 500 per day. A further 22% of the respondents didn’t disclose their business incomes.
Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement
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Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use
Type of Affected Businessa Category of Project Affected Person Total (Count)
Land
owner Property owner
Residential
tenant
Business
tenant
Green Grocer ( selling vegetables
and/or fruit)
1
156
20 242 419
General Retail Shop 1
3
5 53 62
Posh mill
1
4 5
Cooked Food Kiosk 15 3 22 40
Tailoring and Dressmaking 3 11 14
Jua kali/Metal work
1
6 7
Mali Mali Seller
7
4 11
Barber (or Kinyozi) 4 10 14
Fish Monger 13 3 16
Hairdressing 2 1 9 12
Charcoal and/or Firewood Seller 21 2 43 66
Garment Retailer (Boutique/Clothes Store)
8 1
9
Bicycle Repair 5 3 8
Cereals Trader 5 2 8 15
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Type of Affected Businessa Category of Project Affected Person Total (Count)
Land
owner Property owner
Residential
tenant
Business
tenant
Second Hand Clothes Dealer 13
14 27
Carpentry/Furniture Workshop 2
4 6
Shoe Seller 9 2 1 12
Shoe Repairer 8 1 10 19
Others counted as three for each
are:
Butchery,Charcoal,Grocery, Electronic Shop, Water Vendor
Electronic
Shop
Butchery,
Hardware,
Household
Business
Others counted as two for each are:
Butchery
Grocery/Charcoal Vendor, Miraa Dealer, Potato Supplier
Water Vendor, Accessories,
Battery
Charging,
Milk Vendor,
M-Pesa
Shop,
Roasting
Maize,
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Type of Affected Businessa Category of Project Affected Person Total (Count)
Land
owner Property owner
Residential
tenant
Business
tenant
Others counted as one for each are:
Beauty Shop, Car Wash, Chips Seller, Flower Farm, Gas Vendor, Grocery/Fish Vendor, Knitting Stall, Maize Vendor And Groceries, Mandazi Kiosk, Market, Milk Vendor, Motorcycle Repair, M-Pesa Shop, Welding, Transport, Sign Writing, Shoe/Cap Dealer, Shoe Shiner,
Butchery, Electrical Radio Repair Kiosk, Food/Vegetable Kiosk, Grain /Food/Vegetables Kiosk, Mandazi Kiosk, Miraa Dealer, Phone Repair Kiosk, Roasting Maize, Welding
Mandazi Kiosk, Meat Vendor, Pool Table, Salon/Mpesa, Selling Mirraa, Supermarket, Video, Water Vendor
Total (Count) 3 276 37 447 750
Percentages and totals are based on respondents.
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Table 6.4: Average Net Business Income (Profit) Per Day
Average net business income (profit) per day (Ksh)
Frequency Percent
From: 50-250 119 11.9
From: 300-500 391 39.3
From: 550-1000 355 35.7
From: 1200-3000 99 9.9
Above 3500 29 2.9
Sub Total 993 78
Non responsive 280 21.90
Total 1273 100
Source: Field Survey
On the mitigation measures the Project could take with respect to the affected businesses, please refer to Table 6.5 (Table 6.5: This RAP Report’s Proposal of How Project Affected Person Is to be Compensated/Mitigated). The proposals are shaped by the guidelines provided by the Project’s RPF.
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Table 6.5: Entitlement Matrix
TYPE OF LOSSES
CATEGORIES OF
AFFECTED PERSONS
ENTITLEMENT
Loss of access to
the road
reserve as
space for
business
All types of affected
Persons
No cash compensation or land replacement for loss of land at the project area in the four settlements. This is because public right of way is public property and the PAPs are considered as squatters. But affected persons will be given alternative space for business e.g. inside nearby markets.
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Loss of business
Premise
Relocation of open
stalls, wooden
stalls, Kiosks etc.:
Land and Business
Owners.
Business owners who are not land owners
Vendors
Tenants
Alternative place for business will be provided by the Sub County Government for all affected PAPs.
Movement allowance to cover the cost of moving structures (transport plus loading/unloading) shall be provided by KISIP.
Alternatively, cash compensation at replacement cost (calculated without depreciation)
Cost of labour for dismantling and
reconstruction will also be provided by
KISIP. Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure.
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Relocation of mobile
vendors:
Business owners who are not land owners
Vendors
Itinerants
The County Government shall liaise with appropriate market associations to provide space in nearby markets for the vendors.
For a location that is far (50m), transfer
allowance to cover transportation will be
provided by KISIP.
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Shifting of
vendors’ Stalls
and shops
KISIP will provide labour cost for
dismantling and reconstruction of
affected vendors stalls and shops.
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Loss of property and
tenancy
Land lords and Tenants
Landlords have encroaching walls of their
property. 2 months notice to readjust the
fence and salvage materials. Tenants will
be given 2 months notice to relocate for the
rehabilitation of the affected structures.
The Project should consider, to the extent
possible, is avoiding relocation of the PAPs
(living in the structures) to new sites outside
the Settlement. With respect, the Project
could:
Redesign to avoid relocation, where it is
considered feasible; and,
In extremely unavoidable circumstances,
the Project should identify within the
Settlement an empty housing structure,
relocate the household to this structure, and
compensate the structure owner for the
demolition of the structure. The value of the
compensation to the structure owner should
not be less than the replacement cost of the
structure. Re-installation of the household
should be as per the guidelines provided in
the Project’s RPF.
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Loss of Income
from
business
premises
Only PAPs that will be
relocated to
nearby the
market
KISIP will provide allowances in lieu of lost daily profit for 4
days.
Transport allowances will be provided to
the PAPs to allow them transport their
salvaged structures.
Vulnerable group
KISIP shall provide loss in daily profit to all
identified vulnerable groups, as identified in this RAP.
6.1.4 Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures
From the infrastructure improvement design proposed for the beneficiary Settlement and to be implemented by the Project, the field survey conducted from the November
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28, 2013 to December 09, 2013 established that no household will be moved; and proposed as a mitigation measure, should it be found otherwise during engineering works phase of the Project, highly recommended is re-installation within the Informal Settlement, which is synonymous to the Project beneficiary area. In the Project beneficiary area, established from the field survey carried out between during the study period.
1) Temporary disruption to electricity supply to the Settlement is anticipated toward effective implementation of the Project. On the roads the Project is targeting to improve in the Informal Settlement. mitigated by adequate prior notices to the settlement. However this doesn’t occasion any economic loss.
2) Temporary interruptions with respect to water and sanitation services in the Informal Settlement are as well expected. These include water kiosks and their supply network. These will be damaged during construction. To minimise on the magnitude of disruptions, the mitigation measures proposed by this Report are:
a) Undertaking of group jobs.
b) Regarding disruption on water supply: During construction, the Project shall ensure households whose individual or yard tap or water kiosks connection is affected shall be supplied with water by use of temporary pipes called “high-lines”
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6.2 Eligibility
The World Bank Resettlement Policy/Guidelines require compensation for the lost assets and replacement costs 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 barrier to resettlement assistance and rehabilitation.
The qualified PAPs that are eligible for compensation and other project assistance include:
1. Those PAPs that are on the way leaves for drainage and roads.
2. PAPs that will have to demolish part or whole of their dwellings.
3. PAPs who require transport for their properties to another location.
4. PAPs that need to carry out re-construction works du to either relocation or shifting backwards.
5. PAPs whose income will be impaired.
All PAPs in Naivasha Subcounty settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement satisfy paragraph (a) and (b) and therefore they are allowed relocation assistance in accordance to the conditions of KISIP’s RPF. Appendix 4 gives the list of PAPs.
6.3 Valuation and Compensation for Losses
Valuation of assets in Kihoto, Karagita, Kamere and Kasarani along the roads, drainage and sewer to be upgraded was conducted by qualified surveyor and registered valuer between 13th and 17th January 2014 to ascertain individuals whose properties or livelihoods will be directly or indirectly affected by the project activities. Valuation was conducted at locations of structures encroachment to the project area.
Guiding principle adopted in the formulation of the compensation valuation is that lost income and assets will be valued at replacement cost such that the project affected populations should experience no net loss. This is in accordance with the KISIP Resettlement Policy Framework and World Bank operational policy on involuntary resettlement, OP 4.12. In line with the above principle, an all encompassing survey and valuation of the assets and loss of income by the Project Affected Persons (PAPs) was conducted.
Considering that compensation, in the form of alternative spaces in nearby markets in Karagita, Kamere and Kasarani will be offered to the PAPs who are predominantly small market traders and due to the fact that they will not need their structures in the new markets, there will be no huge monetary compensation or replacement of land or business premises/structures.
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As already stated, there will be no demolition of structures hence structures will not be valued since PAPs will be allowed to dismantle their structures and reuse them at relocated locations or in the markets provided as alternatives. KISIP will provide supplementary assistance to affected PAPs. Depending on the type of materials used for the construction of structures, rates will be considered for cost of labour and transportation allowance. Basically two types of materials are prevalent: wood/plywood and steel/iron sheets. The rates that were confirmed to us by the PAPs and assessed by certified valuer will apply and these are:
1. Transportation cost for moving structures from project corridors e.g vending platforms (lock-up wooden shops) and open stall (dismantled wooden materials) Ksh.1500.00
2. Cost of labor for dismantling the affected structure (lock-up wooden shops) and open stall Ksh.1,500.00 and vending platforms KShs. 750.00
3. Allowance for income losses: at an average of Ksh.750.00 for 4 days.
6.4 Payment of Compensation
In line with the World Bank operational policy on involuntary resettlement (OP 4.12), KISIP will ensure that the conditions of PAPs are restored to the status that is at the minimum commensurate to their pre-project status. List of all PAPs has been documented in the PAP register. In addition, every person affected by the project registered with his or her national identification card for easy identification for possible compensation. The register has among other parameters indicated the name of the person, business type, and identification number. The identity cards will serve as the major identification for restitution.
The RAP implementation will verify the correctness of each PAPs as stated in the register and ascertain that every identity card holder is correctly documented in the register. On completion of the PAP audit list, the Project Coordinator will setup team that will carry out payment and compensation. This team will consist of KISIP’s accountant, legal and ƒ social safeguard expert including representatives of the County Government and SEC. Payments will be made according to locations and adequate information will be made available to all affected persons prior to payment. Such information will include:
1. Dates and locations of payment
2. List of eligible people and amount
3. Mode of payment etc.
An appropriate framework to deliver the compensation payments to the PAPs will be decided by KISIP in line with government financial management regulations and as much as possible keeping in mind that most PAPs have no bank accounts. In the event
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that an individual is absent during payment, the compensation committee will immediately communicate new date of payment to such individual(s)
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, KPLC, will also be notified of the relocation exercise
6.6 Grievance Redress Mechanism
Given the enormity of the challenges associated with grievance redress, the consultant recommended dispute resolution mechanism in which, as far as possible, all disputes are resolved at the community level and will include the area chief. Community grievance committee will be formed at the settlement. An appeal from the settlement grievance committee is passed on to joint grievance committee composed of SEC members, at least 1 representatives from Non-Governmental Organization (NGO), three officers representing the client from the KISIP Subcounty Team- heads of component 3, which should include legal expertise, accountant,. It is recommended that the Subcounty KISIP Coordinator should chair the team. The legal expert from the joint grievance committee shall be the secretary of the committee and they shall meet once every fortnight to address pertinent issues raised. The functions of the Grievance Redress Committee are:
1. Provide support to affected persons on problems arising from loss of business area and/or eviction from the setbacks;
2. Record the grievance of the affected persons, categorize and prioritize the grievances that need to be resolved by the Committee; and
3. Report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities.
The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigations include:
i. Affected persons not enlisted;
ii. Losses not correctly identified;
iii. Inadequate assistance or not in line with entitlement matrix;
iv. Dispute about ownership;
v. Delay in disbursement of assistance; and
vi. Improper distribution of assistance.
It is the responsibility of the grievance redress committee to satisfactorily address all complaints brought by the project-affected persons. On the condition that an affected
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Figure 5.1: Grievance Redress Mechanism
First Instance: Local mediation with ruling under the
auspices of settlement grievance Committee, and area chief.
If not successful
Second Instance: Joint Committee SEC representative, at least
representatives from two Non Governmental Organizations (NGOs),
three officers representing the client from the KISIP municipal Team-
heads of component 3 and representation from KURA, in the
presence of legal counsel.
If not successful
Third Instance: Court of Law according to Kenyan laws with
legal representation of PAP.
person is not satisfied with the decisions of the committee to the appeal level, such person has an opportunity to seek the intervention of the formal judicial mechanisms.
6.7 Implementation Schedule
The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the envisaged projects in the four settlements (Kihoto, Karagita, Kamere and Kasarani) to the completion and the time that the infrastructure will be fully available to full 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:
1. Preparation of RAP
2. Consultation and Disclosure of RAP
3. Audit of the PAP register and compensation package due to each PAP
4. Resolving emerging grievances
5. Compensation and/or Supplementary assistance
6. Notification of PAPs to relocate
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7. Commencement of project operations
8. Monitoring and evaluation, including baseline update
Table 6.6 shows the implementation schedule specifically for relocation of PAPs within the Project beneficiary areas; this however will be developed in further details.
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Table 6.6: Proposed Implementation Schedule
Activity Weeks from Approval of RAP Report
1 2 3 4 5 6 7 8 9 10 11 12
Approval of RAP
Disclosure of the RAP Report
Audit of the RAP report to verify PAP
and compensation details
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
Post – Relocation activities
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6.8 Monitoring and Evaluation
Monitoring and evaluation of the Project, as regards compensation, is significant as it facilitates in assessing whether the Project objectives of just re-installation are met. The monitoring plan indicates parameters to be monitored, institute monitoring guidelines and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. The procedures include internal track keeping efforts as well as independent external monitoring. The purpose of resettlement monitoring for the KISIP project will be to verify that:
i. Actions and commitments described in the RAP are implemented;
ii. Eligible project affected people receive their full compensation prior to the start of the rehabilitation activities on the project area;
iii. 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;
iv. Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken;
v. If necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people.
The World Bank operational policy (OP 4.12) states that the project sponsor (KISIP) is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both warning system for the project sponsor (KISIP) and channel for the affected persons to make known their needs and their reactions to resettlement execution. KISIP monitoring and evaluation activities and programs would be adequately funded and staffed. In-house monitoring may need to be supplemented by independent monitors to ensure complete and objective information.
The RAP monitoring plan and framework is adopted from IFC (Handbook for Preparing
Resettlement Action Plan). It involves:
1. Internal monitoring by KISIP;
2. Impact monitoring commissioned to specialized firms; and
3. RAP Completion Audit
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Table 6.7: RAP Monitoring Plan
Component
Activity
Type of
Information
/ Data
Collected
Source of Information/
Data collection Methods
Responsibility for
Data Collection, Analysis and Reporting
Frequency/ Audience of
Reporting
Performance
monitoring
Measurement of
Input indicators against proposed time table and budget including procurement and physical delivery of goods, structures and services.
Monthly or quarterly
narrative status
and financial
reports
KISIP PCT KISIP County
Team, SEC
Semi-
annual/annual as required by KISIP and World Bank
Impact
monitoring
Tracking
effectiveness of inputs against baseline indicators
Assessment of PAP satisfaction with inputs
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
Project
resettlement unit or contracted external monitoring agency
Annual or more
frequently as required by KISIP and WB
Completion
audit
Measurement of
output indicators such as productivity gains, livelihood restoration, and developmental impact against baseline
External assessment/sign-
off report based on
performance and
impact monitoring
reports, independent
surveys and
consultation with
affected persons
Contracted
external auditing and evaluation agency
On completion of
the RAP time table as agreed between KISIP and WB
6.9 Costs and Budget
The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. 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 squatters, 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 if they occupied the project area before an established cut off date.
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The estimated compensation sum has excluded the value of land, due to it being designated as road reserve and therefore no individual has legal ownership claim on any part thereof. The overall budget for the resettlement action plan is presented in Table 6.8
Table 6.8: Proposed budget for RAP
No Budget Item Proposed
Budget
Kshs.) 1 Payment for resettlement assistance in the form of:
Loss of income for four days
Transport allowance to allow them transports their salvaged
structures. Labour cost for dismantling the affected structures.
Compensation of structures in all settlements at replacement cost
6,526,500.00
2 Resettlement Activities Auditing and verification of PAP register and compensation packages
Grievance Redress mechanism
Issuance of notices
Facilitating PAPs to move to the new markets Supervision and
monitoring of resettlement activities Community consultations
Meetings of resettlement Committees
4,000,000.00
3 Implementation of post-project community support activities including monitoring and evaluation of resettlement impacts
2,000,000.00
Sub-Total 12,526,500.00
4 Add 10% contingencies 1,252,650.00
TOTAL 13,779.150.00
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7 CONCLUSIONS
Evaluation of the proposed development plans for the four settlements in Nakuru county, Naivasha Subcounty in Kihoto,Karagita,Kamere and Kasarani settlements on their potential negative impacts on inhabitants of these settlements and a need for compensation of these impacts leads to the following conclusions:
The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit.
The projects will affect a number of structures built by inhabitants, which will have to be removed prior to project implementation.
However, all these structures are temporary ones, which can easily be removed and built up again in a designated location.
Most of these structures are vending kiosks; their owners will be offered space on new markets being constructed by the subcounty government in Karagita and Kasarani while Kengen is supporting Kamere market. This is an adequate compensation, since in this way livelihood of the PAPs will not be affected.
All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land.
Given this situation, no compensation payment is required for the selected projects, but relocation assistance will be given to the PAPs to minimize livelihood disruption.
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APPENDICES
76
o Appendix 1 Project Design Layouts of the Project Areas/Settlements
77
78
79
80
81
o Appendix 2 Minutes and Attendance Lists of the Community Consultation
82
83
84
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o Appendix 3 Interview Guide Used to Collect Data on Project Affected Persons
Project Affected Person Interview Guide
Kenya Informal Settlements Improvement Project
Naivasha Informal Settlements
RAP Census Tool for LOT ________ PROJECT AFFECTED PERSONS
Summary Kenya Informal Settlement Improvement Project (KISIP) is receiving support from the World Bank. Through KISIP, the settlements targeted to benefit are Kihoto, Karagita, Kamere and Kasarani in Naivasha. Implementation of KISIP involves engineering construction. Designs for engineering construction in this settlement are complete. From the designs, parcels of land in this settlement are targeted for use towards effective implementation of the Project. This parcel of land is amongst the parcels of land affected. In connection, KISIP has an obligation to you, the Project Affected Person (PAP), to observe fair practice towards effective implementation of the Project. It is for this reason that we are here, conducting a Resettlement Action Plan census. A socio-economic survey is a must prior to implementation of KISIP’s engineering construction. The main objective of the survey is to enable determination of the full socio-economic impact of implementing the Project. Its specific objectives are:
a) To collect full information on the PAPs;
b) To collect full information on the types of PAPs;
c) To collect full information on the amounts of assets that would be affected;
d) To understand the socio-economic development status of the area affected. This is for optimisation of the engineering design;
e) To disclose to the PAPs information on the Project;
f) To provide information for the compilation of an objective Resettlement Action Plan (RAP) report. The main goal of a RAP report is to present an entitlement package. This is undertaken with the overall intent of minimising and reversing effects associated with implementing the engineering works of the Project;
g) To obtain the opinion and suggestions of the PAPs and relevant secondary stakeholders operating in the Project area. This is useful in customising the RAP report to local reality, thus ensuring that PAPs are adequately re-installed; and,
h) To provide reference for independent monitoring of the impact of the Project on PAPs.
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Full Names of Respondent: _________________________________________________________ Phone Number(s) of Respondent: ___________________________________________________ I.D. Number of Respondent: ________________________________________________________ Full Names of Interviewer: _________________________________________________________ Phone Number(s) of Interviewer: ____________________________________________________ Date of Interview (dd/mm/yyyy): ________________________________________________
AA.. BBAACCKKGGRROOUUNNDD IINNFFOORRMMAATTIIOONN
1. Physical location of the structure/parcel of land affected by the Project:
1. Name of County: ______________________________________________________
2. Name of Constituency: _____________________________________________
3. Name of Administrative Location: ____________________________________________
4. Name of Administrative Sub-Location: ________________________________________
5. Name of Settlement: _________________________________________________________
6. Road Label (For Road label, use what is provided from the layout map): ________________
2. Category of Project Affected Person (circle or tick the appropriate category)
1. Land owner
2. Property owner
3. Residential tenant
4. Business tenant
3. Is the Project Affected Person located on encroached land?
1. Yes 2. No
4. Full names, identification and contact details of the Project Affected Person
1. Full Names: ________________________________________________________________
2. I.D. Number: _______________________________________________________________
3. Phone Number(s): __________________________________________________________
4. Personal Identification Number (PIN): _________________________________________
5. Postal Address: _____________________________________________________________
5. Highest education level Project Affected Person has attained:
1. None
2. Primary incomplete
3. Primary complete
4. Secondary incomplete
5. Secondary complete
6. College
7. University
8. Other (specify) _________________________________________________________
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[[QQuueessttiioonn 55 pprreeffeerraabbllyy ttoo bbee aaddmmiinniisstteerreedd ttoo AACCTTUUAALL OOWWNNEERR ooff aaffffeecctteedd ppaarrcceell ooff llaanndd]]
6. Full names, identification and contact details of the ACTUAL OWNER of the parcel of land affected by the Project
Description As per Government of Kenya (GoK) land registration records
Any Comments on the information given
1. Full Names:
2. I.D. Number:
3. Phone Number (s):
4. Personal Identification Number (PIN):
5. Postal Address:
6. E-mail address:
7. Land Registration (LR) Number:
8. Plot Number:
9. Total size of land owned (please indicate measurement e.g. acres, m2, Km2, Ha, ft2 etc.)
10. What size of this land is targeted for use by the Project? (please indicate measurement e.g. acres, m2, Km2, Ha, ft2 etc.)
11. Owner’s reservation price for the whole parcel of land (Ksh).
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BB.. AACCTTUUAALL LLAANNDD OOWWNNEERRSSHHIIPP
[[QQuueessttiioonnss 66 ttoo 99 pprreeffeerraabbllyy ttoo bbee aaddmmiinniisstteerreedd ttoo AACCTTUUAALL OOWWNNEERR ooff
ppaarrcceell ooff llaanndd ttaarrggeetteedd ffoorr uussee bbyy tthhee PPrroojjeecctt]]
7 What type of OFFICIAL RECORD do you the owner of this parcel of land have to prove ownership of the parcel of land (If possible, obtain a copy of the official record proving ownership of the parcel of land)
1. None
2. Title deed (LR. Number: _______________________________)
3. Sale agreement
4. Allotment letter (Allotment Number: -_________________________________________)
5. Other (specify)___________________________________________________________
8 If there is NO OFFICIAL RECORD, what method are you the owner of this
parcel of land using to claim legitimate ownership of the parcel of land? (Explain and include what sources the Project can be use to verify claim)
______________________________________________________________________________ ______________________________________________________________________________
LLaanndd TTeennuurree SSyysstteemm aanndd UUssee
9 What land tenure system does the parcel of land affected by the Project fall under [tick or circle appropriate answer(s)]
1. Customary land tenure (where ownership practices of the parcel of land fall under customary law)
2. Freehold tenure (where absolute right of ownership or possession of land is conferred to the owner of the parcel of land for an indefinite period of time.)
3. Leasehold tenure (where right of ownership is conferred to the owner of the parcel of land for a definite period (or term) of years. The right of ownership may have been granted by the government, local authority or freeholder, and is likely subject to the payment of a fee or rent)
4. Public tenure (land is owned by the government for her own purpose)
5. Other (specify) __________________________________________________________
10 What is the actual predominant land use of the parcel of land affected by the Project?
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1. Agriculture 2. Ranching 3. Residential 4. Commercial
6. Other (specify) _________________________________________________________
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DDeettaaiillss ooff SSttrruuccttuurreess oonn tthhee PPaarrcceell ooff LLaanndd TTaarrggeetteedd ffoorr uussee bbyy tthhee PPrroojjeecctt ((ttoowwaarrddss EEffffeeccttiivvee IImmpplleemmeennttaattiioonn ooff tthhee PPrroojjeecctt))
11 Are there structures on the parcel of land targeted for use towards effective implementation of the Project? 1. Yes 2. No
12 If YES, describe the type of structures on the parcel of land targeted for use by the Project (towards effective implementation of the Project):
Element – Type of Structure on the parcel of land affected by the Project
Classification of structure: 1. Temporary 2. Semi-permanent 3. Permanent
Description of type of construction/building material used to make the structure (STATE FOR WALL, ROOF AND FLOOR) 1. Iron Sheets 2. Grass/reeds 3. Mud/Earth/Clay 4. Wood 5. Tiles 6. Concrete/Stone 7. Cement 8. Plastic paper/bags 9. Other (specify)
Size of affected structure (please indicate measurement)
Owner’s reservation price for the identified structure (Ksh.)
Floor size (please indicate
measurement)
Height (where
affected)
WALL ROOF FLOOR OTHER (specify) Length Width
1.
2.
3.
4.
5.
6.
7.
TOTALS
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[[QQuueessttiioonn 1166 pprreeffeerraabbllyy ttoo bbee aaddmmiinniisstteerreedd ttoo SSTTRRUUCCTTUURREE OOWWNNEERR]]
13 Full names, identification and contact details of the ACTUAL OWNER OF THE STRUCTURE(S) on the land targeted by the Project towards effective implementation of the Project
Description Any Comments on the information given
1. Full Names:
2. I.D. Number:
3. Phone Number (s):
4. Personal Identification Number (PIN):
5. Postal Address:
6. E-mail address:
7. Plot Number:
8. Ballot Number:
9. Land Registration (LR) Number:
10. House Number:
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14 What is the main source of water for the affected structures on the parcel of land targeted for use by Project?
1. Rainwater collection/roof catchment 10. Borehole without pump
2. Seasonal river/stream
11. Water vendor
3. Permanent river 12. Water kiosk
4. Pond/pan/dam 13. Public tap
5. Protected spring 14. Piped water into plot/yard
6. Unprotected spring 15. Piped water into dwelling
7. Protected dug well 16. Bottled water
8. Unprotected dug well 17. Other (specify) _______________________
9. Borehole with pump 999. N/A
15 What is the main mode of human waste disposal for the affected structures on the parcel of land targeted for use by the Project?
1. Bush/flying toilet
2. Bucket
3. Traditional Pit latrine
4. Ventilated Improve Pit (VIP) Latrine
5. Cess Pool
6. Septic Tank
7. Main Sewer
8. Other (specify) ______________________________________________________________
999. N/A
16 What is the main type of lighting fuel for the affected structures on the parcel of land targeted for use by the Project? (Tick or circle as appropriate)
1. Electricity
2. Pressure Lamp
3. Lantern
4. Tin Lamp
5. Gas Lamp
6. Solar
7. Other (specify) ______________________________________________________________
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999. N/A
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DDeettaaiillss ooff PPllaannttss oonn tthhee PPaarrcceell ooff LLaanndd TTaarrggeetteedd ffoorr UUssee bbyy tthhee PPrroojjeecctt ((ttoowwaarrddss EEffffeeccttiivvee IImmpplleemmeennttaattiioonn ooff tthhee PPrroojjeecctt))
17 Are there perennial crops (e.g. mango trees etc) on the parcel of land targeted towards effective implementation of the Project?
1. Yes 2. No
18 If YES please provide details of the perennial crops grown on this parcel of land (fill the table below)
Type of perennial crops on the parcel of land targeted by the Project towards effective implementation of the Project
Age (in years) Number Owner’s reservation price (Ksh)
1.
2.
3.
TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.)
19 Are there other trees (e.g. eucalyptus trees etc) on the parcel of land targeted by the Project towards effective implementation of the Project?
1. Yes 2. No
20 If YES please provide details of the other trees grown on this parcel of land (fill the table below)
Type of other trees growing on the parcel of land targeted by the Project towards effective implementation of the Project
Age (in years) Number Owner’s reservation price (Ksh)
1.
2.
3.
TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.)
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21 Are annual crops (e.g. maize etc) grown on the parcel of land targeted by the Project towards effective implementation of the Project?
1. Yes 2. No
22 If YES, please provide details of the annual crops grown on this parcel (fill the table below)
Type of annual crops grown on the parcel of land targeted by the Project towards effective implementation of the Project
Size of land under the crop (acres)
Estimated yield of the crop per acre
Owner’s reservation price (Ksh)
1.
2.
3.
4.
TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.)
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DDeettaaiillss ooff LLiivveessttoocckk oonn tthhee PPaarrcceell ooff LLaanndd TTaarrggeetteedd ffoorr UUssee bbyy tthhee PPrroojjeecctt
((TToowwaarrddss EEffffeeccttiivvee IImmpplleemmeennttaattiioonn ooff tthhee PPrroojjeecctt))
23 Is there livestock on the parcel of land targeted for use by the Project (towards towards effective implementation of the Project)?
1. Yes 2. No
24 If YES, please provide details of the livestock found on this parcel of land (fill the table below)
Type of livestock found on the parcel of land affected by the Project
(Put a tick on the right box
Number
Yes No
1. Cattle
2. Sheep
3. Goats
4. Camels
5. Donkeys
6. Pigs
7. Chicken
8. Bee hives
9. Other (specify)
10. Other (specify)
11. Other (specify)
12. Other (specify)
13. Other (specify)
14. Other (specify)
15. Other (specify)
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[[QQuueessttiioonn 3300 && 3311 ttoo bbee aaddmmiinniisstteerreedd ttoo OONNLLYY tthhoossee tthhaatt mmeennttiioonn SSTTRRUUCCTTUURREESS FFOORR HHOOUUSSIINNGG ((ii..ee..
AAFFFFEECCTTEEDD SSTTRRUUCCTTUURREE IISS HHOOUUSSEE)) iinn QQuueessttiioonn 1133]] BBiioo--DDaattaa –– HHoouusseehhoollddss OOnnllyy
25 What is the number of persons that live in the structure for housing located on the parcel of land targeted towards effective implementation of the Project?
Adults (18 years & above) _______ Children (below 18 years of age) _______ Total number of household members: _______
26 Table A: Full name, age, sex and position of household member
HM I.D No.
Household member’s full names Age Sex 1. Male 2. Female
Position in the household: 1. Household head 2. Spouse/Partner 3. Child 4. Domestic servant 5. Other (specify)
Occupation 1. None 2. Employed
(Permanent) 3. Employed
(Casual) 4. Self employed
5. In primary
school 6. In secondary
school 7. In College 8. In University
1.
2.
3.
4.
5.
6.
7.
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HM I.D No.
Household member’s full names Age Sex 1. Male 2. Female
Position in the household: 1. Household head 2. Spouse/Partner 3. Child 4. Domestic servant 5. Other (specify)
Occupation 1. None 2. Employed
(Permanent) 3. Employed
(Casual) 4. Self employed
5. In primary
school 6. In secondary
school 7. In College 8. In University
8.
9.
10.
11.
12.
13.
14.
DDeettaaiillss oonn rreenntt ffoorr tthhee ssttrruuccttuurree ooff hhoouussiinngg
27 Do you rent this property (this house)? (Circle the appropriate answer) 1. Yes 2. No
28 If YES, how much is the rent per month in Kenyan Shillings? ___________________
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CC.. FFUULLLL DDEETTAAIILLSS OOFF BBUUSSIINNEESSSS OOWWNNEERR((SS))//TTEENNAANNTT((SS))
[[QQuueessttiioonnss 3344 && 4422 ttoo bbee aaddmmiinniisstteerreedd OONNLLYY ttoo BBuussiinneessss OOwwnneerrss oorr
TTeennaannttss]]
29 Business Address
i. Name of company/business: ____________________________________________________
ii. Personal Identification Number (PIN): ____________________________________________
iii. Telephone number: ____________________________________________________________
30 Contact Person (s):
Full Names of Contact Person(s) Designation/Title
1.
2.
31 Business type: ______________________________________________________________________________
32 Year business was started: __________________________________________
33 Number of persons that are owners of the business: ___________________________
34 Is the business registered? 1. Yes 2. No
35 If REGISTERED, what is the legal status of the firm?
1. Sole proprietorship
2. Partnership
3. Private limited company
4. Public limited company
5. Other (specify) ______________________________________________________________
999. N/A
36 How many persons are employed in the business?
Status Total number of employees by sex
Male Female Total
Permanent
Temporary
Total
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37 On average, how much is your net business income (profit) per day? Ksh. _____________
38 How many days in a week do you open the business? ______________________________
39 Do you rent the business premise? (Circle the appropriate answer) 1. Yes 2. No
40 If YES, how much is the rent per month in Kenyan Shillings? ____________________
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DD.. MMIITTIIGGAATTIIOONN ((CCOOMMPPEENNSSAATTIIOONN)) PPRREEFFEERREENNCCEE
41 Do you accept to be compensated?
Category of Project Affected Person
Category of Project Affected Person Accepts to be Compensated?
1. Yes 2. No
How Would You The Project Affected Person Would like to be compensated (What Mitigation Measure
Would You the Project Affected Person Like the Project to Adopt)
Signature of Project Affected Person
1. STRUCTURE OWNER
2. TENANT
3. LAND OWNER
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ANY OTHER COMMENTS _________________________________________________________________________________
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Thank you
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O Appendix 4 Schedule of Project Affected Persons
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Karagita PAP Register
KISIP PAP REG NAIVASHA KARAGITA.docx
Kihoto PAP Register
KISIP PAP REGISTER NAIVASHA KIHOTO.docx
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Kamere PAP Register
KISIP PAP REGISTER NAIVASHA KAMERE.docx
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Kasarani PAP Register
Kisip PAP REGISTER Naivasha Kasarani.docx
