MINISTRY OF WATER & SANITATION ABBREVIATED RESETTLEMENT ACTION PLAN REPORT for WATAMU Sanitation Development Projects in KILIFI County PROJECT.: WATER AND SANITATION SERVICE IMPROVEMENT PROJECT ADDITIONAL FINANCING (WASSIP - AF) CREDIT No.: 51030-KE CONTRACT No.: CWSB/WASSIP-AF/C/35/2016 COUNTRY.: REPUBLIC OF KENYA EMPLOYER.: MALINDI WATER AND SEWERAGE COMPANY LTD. (MAWASCO) Report Prepared by: Zamconsult Consulting Engineers Ltd NOVEMBER 2021 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table of Contents 1 PROPOSED PROJECT DESCRIPTION ............................................................................ 1-1 1.1 LOCATION ...................................................................................................................... 1-1 1.2 THE BACKGROUND OF PROPOSED PROJECT.................................................................... 1-1 1.2.1 Ablution Blocks ..................................................................................................... 1-1 1.3 SPREAD OF COVID – 19 IMPACTS............................................................................. 1-2 2 CENSUS AND SOCIO-ECONOMIC SURVEYS.............................................................. 2-3 2.1 POPULATION DYNAMICS AND HOUSEHOLD CHARACTERISTICS OF PAPS ....................... 2-3 2.1.1 Sex of Household Heads ........................................................................................ 2-3 2.1.2 Marital Status of the Household Head ................................................................... 2-3 2.1.3 PAP Gender Ratio .................................................................................................. 2-4 2.1.4 PAP Literacy Levels .............................................................................................. 2-4 2.1.5 Economic Activity of the Household Head ........................................................... 2-4 2.1.6 Religion .................................................................................................................. 2-6 3 IMPACTS ON PROJECT AFFECTED PERSONS ............................................................ 3-1 3.1 IMPACT ON STRUCTURES ................................................................................................ 3-1 3.2 IMPACT ON BUSINESS AND LIVELIHOOD ......................................................................... 3-2 3.3 SOCIAL RISK – SPREAD OF COVID-19 AMONGST COMMUNITY MEMBERS DURING CONSULTATIONS ....................................................................................................................... 3-2 4 STAKEHOLDER CONSULTATIONS .............................................................................. 4-1 4.1 LEGAL REQUIREMENTS .................................................................................................. 4-1 4.1.1 Government Policy on Public Consultation ........................................................... 4-1 4.2 STAKEHOLDER CONSULTATIONS .................................................................................... 4-1 4.3 COMMUNICATION AND DISCLOSURE .............................................................................. 4-2 5 ELIGIBILITY CRITERIA AND ENTITLEMENT MATRIX ........................................... 5-1 5.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION ......................................................... 5-1 5.1.1 ELIGIBILITY FOR COMPENSATION ............................................................... 5-1 5.1.2 Cut-off Date ................................................................................................................ 5-2 5.1.3 Eligibility .................................................................................................................... 5-2 5.2 VALUATION OF AND COMPENSATION FOR LOSSES ......................................................... 5-1 5.2.1 Valuation for loss of Structures ............................................................................. 5-1 5.2.2 Valuation for Loss of Business/Livelihood ........................................................... 5-1 5.2.3 Valuation for Disturbance ...................................................................................... 5-2 Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County ii ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 5.2.4 Valuation for Special Assistance to the Vulnerable PAPs..................................... 5-2 5.2.5 Income Restoration Measures ................................................................................ 5-2 5.3 MODE OF PAYMENT OF PAPS ......................................................................................... 5-2 6 INCOME RESTORATION AND SOCIAL DEVELOPMENT MEASURES & ASSISTANCE TO VULNERABLE PAPS ................................................................................. 6-1 6.2 VULNERABLE GROUPS ................................................................................................... 6-1 7 ARAP IMPLEMENTATION SCHEDULE ........................................................................ 7-2 7.1 ARAP IMPLEMENTATION DURATION .............................................................................. 7-2 8 GRIEVANCE REDRESS MECHANISMS ........................................................................ 8-1 8.1 INTRODUCTION ............................................................................................................... 8-1 8.2 POSSIBLE SOURCES OF GRIEVANCES .............................................................................. 8-1 8.3 COMMITTEES INVOLVED IN THE GRIEVANCE REDRESS PROCESS AND THE MANAGEMENT PROCESS ................................................................................................................................... 8-1 8.3.1 Sub-County Resettlement and Compensation Committee (SCRCC) .................... 8-1 8.3.2 Locational Resettlement and Compensation Committees (LRCCs) ...................... 8-2 8.4 THE GRIEVANCE MANAGEMENT PROCESS ..................................................................... 8-2 8.5 GRIEVANCE REDRESS PROCEDURE ................................................................................. 8-3 9 ORGANISATIONAL RESPONSIBILITIES ...................................................................... 9-9 10 MONITORING AND EVALUATION ............................................................................. 10-1 11 ARAP COSTS AND BUDGETS ...................................................................................... 11-1 11.1 COST OF ENTITLEMENTS ........................................................................................... 11-1 11.1.1 Entitlement for Structures .................................................................................... 11-1 11.1.2 Entitlements for Businesses and rental income (Loss of Livelihood) ................. 11-1 11.1.3 Entitlements for Vulnerable Groups (Transportation of salvaged materials) ...... 11-1 11.1.4 Entitlement for Disturbance allowance ................................................................ 11-1 11.1.5 Entitlement for Livelihood/Income Restoration Programs .................................. 11-2 11.1.6 Total Entitlements ................................................................................................ 11-2 11.2 ARAP IMPLEMENTATION BUDGET ........................................................................... 11-3 12 REFERENCES .................................................................................................................. 12-1 13 APPENDICES ................................................................................................................... 13-2 APPENDIX I : ARAP HOUSEHOLD QUESTIONNAIRE............................................................. 13-2 APPENDIX II: PUBLIC CONSULTATION SUMMARY ............................................................. 13-6 13.1.1 Minutes of a Consultation Meeting Held at Matsangoni, Matsangoni market on 29th November 2018 at 2.44pm ................................................................................................. 13-6 Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County iii ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13.1.2 Minutes of the public consultation meeting held at Gede Market on the 11th of April 2019 at 3.30pm................................................................................................................. 13-16 13.1.3 Matsangoni Public Ablution block Consultative Meeting Held on 09th October 2020 At Matsangoni Market ..................................................................................................... 13-23 APPENDIX III : PHOTO GALLERY – PROJECT AFFECTED PERSONS ..................................... 13-30 APPENDIX IV: ASSETS INVENTORY/VALUATION ROLL .......................................................... 13-32 Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County iv ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO List of Tables Table 1-1: List of proposed sanitation facilities in Watamu Towns(trading centres) .................. 1-1 Table 3-1: Summary of Affected PAPs and PAHs ...................................................................... 3-1 Table 3-2: Project Affected Households with Structures ............................................................ 3-1 Table 3-3: Summary of PAHs with Businesses ........................................................................... 3-2 Table 4-1: Summary of the meetings discussions and some of the issues raised ........................ 4-1 Table 4-2: Summary of the meetings held in Watamu ................................................................ 4-2 Table 5-1: Cutoff Dates ............................................................................................................... 5-2 Table 5-2:Entitlement Matrix ...................................................................................................... 5-3 Table 7-1: Proposed Activity for ARAP Implementation for the Project ................................... 7-1 Table 8-1: Table Showing a Sample Grievance Form ................................................................. 8-5 Table 8-2: Sample of a Grievance Resolution Form ................................................................... 8-7 Table 9-1: Institutional Roles in ARAP Implementation ............................................................ 9-9 Table 11-1: Summary of Structure Owners’ Entitlement .......................................................... 11-1 Table 11-2: Summary of Business Owners' Entitlement ........................................................... 11-1 Table 11-3: Summary of Vulnerable PAHs ............................................................................... 11-1 Table 11-4: Summary of Disturbance Entitlement .................................................................... 11-2 Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County v ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO List of Figures Figure 1-1: Map Showing the Location of the Project Area - Watamu ....................................... 1-1 Figure 2-1: Sex of PAH Household Heads .................................................................................. 2-3 Figure 2-2: PAHs Marital Status.................................................................................................. 2-3 Figure 2-3: Male: Female ratio of PAPs in the project area ........................................................ 2-4 Figure 2-4: PAP literacy levels .................................................................................................... 2-4 Figure 2-5: Economic Activity of the Household Head .............................................................. 2-4 Figure 2-6: PAP Income Levels ................................................................................................... 2-5 Figure 2-7: Income Levels According to Gender ........................................................................ 2-5 Figure 2-8: PAP Religion............................................................................................................. 2-6 Figure 8-1: Figure Showing Dispute Resolution Procedure ........................................................ 8-8 Figure 13-1: Chief addressing the crowd and welcoming the consultant ................................ 13-14 Figure 13-2: Crowd listening attentively to the MAWASCO Commercial Officer ................ 13-14 Figure 13-3: Feedback from members of the public ................................................................ 13-15 Figure 13-4: Public response to the project. ............................................................................ 13-15 Figure 13-5: Consultant making Presentation.......................................................................... 13-19 Figure 13-6: MAWASCO Rep making presentation ............................................................... 13-19 Figure 13-7: MAWASCO Rep making presentation ............................................................... 13-19 Figure 13-8: MAWASCO Reps and Consultant making presentation .................................... 13-19 Figure 9: MAWASCO Reps and Consultant making presentation ......................................... 13-20 Figure 10: Chief Concluding meeting...................................................................................... 13-20 Figure 11: Public Response to the Project ............................................................................... 13-20 Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County vi ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO ACRONYMS AND ABBREVIATIONS AB Ablution Block ARAP Abbreviated Resettlement Action Plan CBO Community Based Organization CLO Community Liaison Officer COVID 19 Corona Virus Disease CWSB Coast Water Services Board CWWDA Coast Water Works Development Agency ESIA Environmental and Social Impact Assessment FSTF Fecal Sludge Treatment Facility GRMC Grievance Redress Management Committee Kes. Kenya Shillings m3 cubic metres LRCC Locational Resettlement and Compensation Committees MAWASCO Malindi Water and Sanitation Company Limited MOWS Ministry of Water and Sanitation NEMA National Environment Management Authority NGO Non-Governmental Organization NLC National Land Commission NWSB Northern Water Services Board OP Operational Policy PAH Project Affected Household PAP Project Affected Person RAP Resettlement Action Plan SCRCC Sub-County Resettlement and Compensation Committees SDB Sludge Drying Bed S&H Safety and Health WaSSIP Water Supply and Sanitation Improvement Program WB World Bank WSB Water Services Board WSDP Water and Sanitation Development Project WSP Water Services Provider WSS Water Supply and Sanitation Services Abbreviated Resettlement Action Plan for Sanitation Development Projects in Watamu Town - Kilifi County vii ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 1 PROPOSED PROJECT DESCRIPTION 1.1 LOCATION The project area lies within 3 locations namely; Matsangoni Trading Centre, Gede Market Centre and Watamu Administration- Chief Camp as indicated in the map below. However, the latter has been determined to not involve any involuntary resettlement hence not included in this ARAP. Figure 1-1: Map Showing the Location of the Project Area - Watamu The project intends to construct sanitation facilities as listed below: Table 1-1: List of proposed sanitation facilities in Watamu Towns(trading centres) Watamu Ablution Blocks 1. Matsangoni Trading Centre 2. Gede Market Centre 1.2 THE BACKGROUND OF PROPOSED PROJECT 1.2.1 Ablution Blocks The approximate size of the proposed ablution blocks is 23m by 15m as described above. The following is a brief description of the affected project sites. 1) Matsangoni Trading Center Ablution Block Site This proposed site is located at Matsangoni Trading Centre adjacent to the Mombasa – Malindi Highway. Trading activities are common in the area every day; however, they get profound during the market days such as Tuesday hence implying that it is a high catchment area. Further, there is 1-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO the presence of temporary, semi-permanent and permanent structures within the coordinates of the proposed site. The social economic survey identified a total of 10 project affected households (PAHs) comprising 54 PAPs as shown in table 3-1 of this report. Of these, the survey confirmed that a total of 6 PAHs will be physically displaced in so far as their structures will be removed to give way for the construction of the ablution block, while 8 PAHs will suffer from loss of livelihoods as their businesses will be affected, as presented in tables 3-2 and 3-3 respectively in chapter 3 of this ARAP report. The number of PAHs, the affected structures, and the affected sources of livelihoods (businesses), were all recorded during the ARAP exercise. Detailed information on these is presented in chapter three (3) of this report, which deals with Impacts on Affected Persons. Majority of the PAPs were present during the exercise while a few were represented by their relatives and witnessed by the local administration. The facility will be located on the same location where the Matsangoni market is being constructed. In addition, it is a high traffic area with bodaboda operators having their shade nearby, it also serves as a drop off point for commuters, aside from all traders and customers moving in and out of the site. While there is a public toilet under the County Government of Kilifi in the area, its current condition in relation to hygiene standards, management and maintenance of the facility as well as its size does not meet the minimum needs of the population. 2) Gede Market Center Ablution Block Site The site is located within the market area where various trading activities are evident. The location is prime since it captures various traders and customers as well as rental houses lacking such proper facilities within the area. A total of 7 PAHs will be affected either in terms of structures, livelihood or both as presented in table 3-1. Further, the social economic survey revealed that the project will physically displace a total of 5 PAHs because their structures will be removed to give way for the ablution blocks, and 4 PAHs will suffer from loss of businesses, as presented in table 1-2 and Table 1-3 respectively, as detailed in chapter three (3) of this ARAP report. However, in terms of location, accessibility and catchment, this site was considered ideal for the proposed project. 1.3 SPREAD OF COVID – 19 IMPACTS The review of this ARAP is undertaken during the Coronavirus disease (COVID-19) pandemic outbreak. However, the preparation of the ARAP including the relevant consultations were undertaken before and during the COVID-19 pandemic period in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the ARAP implementation. More particularly, consultations required as part of the mitigation measures, during ARAP implementation and training on Social issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize physical contact are adhered to. 1-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 2 CENSUS AND SOCIO-ECONOMIC SURVEYS A socio-economic survey and census were conducted in the project area. The primary objectives of the surveys are, among others, to understand the scale and nature of project impacts on local communities, identify Project Affected Persons (PAPs) and map out their social and economic characteristics, obtain information necessary for the preparation of this Abbreviated Resettlement Action Plan (ARAP), establish indicators for the implementation of the ARAP, and provide baseline data for monitoring and evaluation of livelihoods and income restoration and other sustainable development components of the ARAP. Besides, in order to obtain information needed for entitlement and compensation payments for lost assets, a detailed inventory of all assets affected by the project was undertaken. 2.1 POPULATION DYNAMICS AND HOUSEHOLD CHARACTERISTICS OF PAPS 2.1.1 Sex of Household Heads The PAH population is made up of predominantly male headed households accounting for 56% of the sampled population. The distribution is shown Figure 2-1: Sex of PAH Household Heads 2.1.2 Marital Status of the Household Head 63% of the PAH population is married with the rest of the population being single (divorced and widowed). Figure 2-2: PAHs Marital Status 2-3 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 2.1.3 PAP Gender Ratio The PAPs in the project area are mostly males. These results are shown in the chart: Figure 2-3: Male: Female ratio of PAPs in the project area 2.1.4 PAP Literacy Levels Majority of the PAP has had basic literacy levels with 38% of the population attaining college education, 19% having attended secondary school, and 12% having attended primary school. The literacy levels for 31% of the PAP population not having any education at all: Figure 2-4: PAP literacy levels 2.1.5 Economic Activity of the Household Head Majority of the PAPs within the project area work in the trade sector owning businesses. Based on the findings, it was observed that the people residing in the project area are generally evenly distributed in terms of income as shown in the charts below: Figure 2-5: Economic Activity of the Household Head 2-4 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Figure 2-6: PAP Income Levels In addition, the female headed households are evenly distributed in terms of earnings, as shown in the figure below: Figure 2-7: Income Levels According to Gender 2-5 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 2.1.6 Religion Christianity is the predominant religion in the project area: Figure 2-8: PAP Religion 2-6 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 3 IMPACTS ON PROJECT AFFECTED PERSONS The impacts of the project particularly on the PAPs/PAHs of the project are highlighted in this chapter. Apart from showing the nature, magnitude and types of impact, the description and analysis presented in this chapter serves other purposes: first it serves as the basis on which the valuation and compensation of assets lost by the PAHs is undertaken. Second, various income restoration and community improvement strategies formulated in this ARAP are partly based on the assessment of the severity of the impact and loss of assets by different categories of PAPs. The two sites identified with PAPs are listed below. Table 3-1: Summary of PAHs and PAPs Identified Household Unknown/ No Sanitary Facility PAHs PAHs Total PAHs Total PAPs 1 Matsangoni AB 10 0 10 54 2 Gede Mkt AB 6 1 7 26* Total 17 80 26* represents PAPs from five (5No.) household whose representatives were present. The other 2 representatives were not present during the exercise hence information on them was either scanty or unavailable. A total of 11 households have their temporary, semi-permanent and permanent structures affected, as illustrated in the PAP entitlement matrix. In addition, 12 households have their livelihoods affected. The Consultant attempted to establish names of the unknown affected, by “triangulation” i.e., asking other affected persons; community leaders and representatives; and independent agents. The Consultant was able to identify names of all the affected persons using the above method. For those who were represented, word was left for the owners to attend the public consultation meetings held thereafter. In addition, the affected households will be identified and verified during the RAP verification exercise with the assistance of the LRCC and SCRCC established in accordance to chapter 10 of this report. 3.1 IMPACT ON STRUCTURES The proposed ablution sites within Matsangoni and Gede Markets will affect several temporary, semi-permanent and permanent structures, especially in Matsangoni where the structures are closely packed. Some of the structures affected are rented out hence structure owners will lose rental income, while the others have their owner’s conducting business on them. A summary of the PAHs with structures is shown below: Table 3-2: Project Affected Households with Structures Temporary Semi-Permanent Permanent Total No Sanitary Facility Structures Structures Structures 1 Matsangoni AB 1 1 4 6 2 Gede Mkt AB 2 3 0 5 Total 3 4 4 11 3-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 3.2 IMPACT ON BUSINESS AND LIVELIHOOD A number of structures affected are business premises where some are rented out while others are operated by the owners constituting groceries, tailoring shop, hotels, Jua Kali shops, MPESA shop, and general shop. Majority of the PAPs were available during the recording exercise while those absent were represented by either their agents or local administration including the village elders. The study identified the following PAHs with businesses. Table 3-3: Summary of PAHs with Businesses No Sanitary Facility PAHs with Businesses 1 Matsangoni AB 8 2 Gede Mkt AB 4 Total 12 3.3 SOCIAL RISK – SPREAD OF COVID-19 AMONGST COMMUNITY MEMBERS DURING CONSULTATIONS During implementation of the ARAP, various consultative activities will be undertaken. For efficient and meaningful engagement, a wide range of individual participants, groups in the local community and other stakeholders will be involved. The consultations will involve verification of PAPs covering the occupants of the affected area and vulnerable persons and groups; awareness raising, sensitization of PAPs and gauging attitude to the project; training and capacity building for livelihoods restoration, grievance redress, execution of site - specific surveys among others. The activities will lead to close interaction between the proponent and the community members leading to a high risk of spreading COVID-19 amongst community members during the consultation process. To minimize the risk of spread of COVID-19 amongst community members, specific measures have been and will continue to be undertaken to ensure social distancing and appropriate communication put in place. The mitigation measures will be supervised by a communications/ stakeholder engagement / social safeguards expert in the project proponent’s team. 3-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 4 STAKEHOLDER CONSULTATIONS It is a right of key stakeholders in any project to be consulted and informed about a particular development that will affect them in a positive or negative way. Their input will ensure any possible modifications are done prior to the establishment of any development project in order for the project to best serve its intended purpose. In line with that, there are legal requirements regarding public involvement in projects as briefly outlined below. 4.1 LEGAL REQUIREMENTS 4.1.1 Government Policy on Public Consultation Both Kenyan and World Bank Policies emphasize the importance of public consultation, within the PAPs and relevant stakeholders. The Consultant conducted both key informant interviews and public consultation to sensitize all stakeholders and get feedback on the proposed project. 4.2 STAKEHOLDER CONSULTATIONS Public consultation meetings in the project area were conducted following written and verbal communication with the local administration, ward administrators as well as the MAWASCO representatives. The main point of concern about most of the sites was the public involvement in the project as well as the suitability of some sites. Table 4-1summarizes some of the issues raised while a comprehensive discussion of the meetings is presented in minutes attached as an annex. Table 4-1: Summary of the meetings discussions and some of the issues raised No. Issues Discussions Status 1. Project Overview -Informed various sanitation agreed to consider change of components including construction of toilet design from English to Public ablution and Feacal Sludge Asian (squatting) type Treatment Plant -highlighted on the toilet designed 2. Management of - advised on a management model where confirmed to participate in the facilities the community shall be called upon to process submit their requested to operate the facilities which shall be appointed on a competitive basis. 3. Compensation advised that since the land belonged to Appreciated County initiative Package the County Government, the County has committed its self to compensate for structures, livelihood and any other development/activity registered during the enumeration exercise. 4. Considerations for Confirmed as one of the requirements community eagerly waiting Jobs where the Contractor is advised to for the opportunity 4-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO employ locally especially in relation to the unskilled labour. 5. Project Expected to start soonest after clearance Community thanked the commencement of the Environmental and social financier for having date requirements by the financier. The considered the importance of ARAP will also be implemented fully, Environmental and social prior to commencement of civil works. issues arising from projects. Below is a table giving a summary of meetings conducted by the consultant and Malindi water. with the client Table 4-2: Summary of the meetings held in Watamu Location Date Scope 1. Matsangoni market 29th Nov 2018 (3.00 pm) -Matsangoni AB 2. Gede Market Area 11th of April 2019 at 3.30pm -Gede Market AB 3. Matsangoni market 09th October 2020 (9.51am) -Matsangoni AB 4.3 COMMUNICATION AND DISCLOSURE The proponent will publicly disclose this ARAP, in English and in Kiswahili which is the local language, where need be and make copies available and distribute with a letter accompanied to local government authorities concerned. The following methods of disclosure will be adopted: a) Publishing it on proponent’s website; b) Depositing/posting it in a range of publicly accessible places such as, village elders’ offices and community squares where they could be protected and not abused. In addition, the proponent will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets. Once this ARAP is disclosed, the public will be notified both through administrative structures and informal structures about the availability of the ARAP documents and also be requested to make their suggestions and comments. The final approved ARAP will be made available in easily accessible locations in or near the affected project areas. Once disclosed in country, the proponent will authorize the World Bank to disclose via its external website. 4-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 5 ELIGIBILITY CRITERIA AND ENTITLEMENT MATRIX This section of the report identifies the categories of the PAPs eligible for compensation for loss of assets and livelihoods during the project construction and implementation. 5.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION 5.1.1 ELIGIBILITY FOR COMPENSATION The concept of eligibility is used with respect to the definition of PAPs and the criteria for determining their qualification for compensation and any other resettlement assistance. The project RPF further provides for, that if a Sub – project funded under WSDP causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the project will meet the following requirements: a) Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost. b) In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of reestablishing commercial activities elsewhere, for lost net income during the period of transition, and for the cost of transfer and reinstallation of plants, inventory, machinery and other equipment. c) Provide replacement property (e.g. AgSCRCCultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable. d) Compensate economically displaced persons who are without legally recognizable claim to land for lost assets including other improvements made to the land, other than land, at full replacement cost. e) Provide additional targeted assistance (training, or job opportunities) and opportunities to improve or at least restore their income – earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected. f) Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore to restore their income earning capacity, production levels, and standards of living. g) Provide additional assistance targeting the vulnerable through provision of monetary assistance that would be used to transport the salvaged materials to the new site. 5-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 5.1.2 Cut-off Date The practical Cut-off Date for implementation of the ARAP which is the date of the commencement of the PAPs census and the socioeconomic survey was initiated and is as detailed below: Table 5-1: Cutoff Dates Name of Facility Cutoff Date Matsangoni AB 9th of November 2020 Gede Mkt AB 11th of April 2019 No structure, businesses or any other asset established in the Project-Affected Area after the said dates shall be eligible for compensation. It is worth noting that the Matsangoni site slightly changed to an adjacent plot following the construction of the Matsangoni Market under the County Government of Kilifi which consumed part of the identified site resulting to a slight change of PAPS. However, additional consultations were done during the COVID-19 period through focused group discussions to adhere to the Government of Kenya rules aimed at minimizing the spread of the pandemic necessitating for the change of the cut-off date from 30th November 2018 to 09th November 2020 where a fresh PAPS Census and social economic survey was carried out and report updated accordingly. 5.1.3 Eligibility Assets, including structures which were surveyed in the Project-Affected Area by the Cut-Off Date are eligible for compensation. People residing in the Project-Affected Area by the Cut-Off Date are eligible for compensation even if they have no legal tenure (encroachers). 5-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table 5-2:Entitlement Matrix No. Affected Type of loss Entitled Entitlement (Compensation Implementation issues Responsible Asset project – Package) and plan of Action organization Affected persons STRUCTURES 1 Business 1.Temporary Private 1.Cash compensation for loss of 1.Verification of Kilifi structures (made of Iron owners of property will be done at full property ownership County sheets, posts, temporary, replacement cost. 2.Validation of Government polythene semi – 2.Payment of additional valuation of property and roofing or permanent Mawasco disturbance allowance at 10 % of 3.Cash compensation thatched or Chief the value of the property. roofing with permanent no walls) structures. 3.In consultation with PAPs, Local notify one (1) Month in advance to community 2.Semi- remove their structures. permanent Structures 4. Right to salvage construction (Mud or materials. wooden walls) 4.Financial management training 3.Permanent of the PAPs to enhance efficient Structures utilization of compensation (Made of money. stone walls, plaster finish) BUSSINESS LOSS & DISRUPTION OF INCOME 5-3 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 2 Business Loss of Private 1.Net monthly income from 1.Verification of Kilifi & income from business business including rental income business ownership. County livelihood own business operators (Multiplied by/ for 3 Months) 2.Determination of the Government and rental 2.Financial management training monthly net income from income Chief of the PAPs to enhance efficient business. utilization of compensation 3.Cash compensation money. 3. In consultation with PAPs notify one (1) month in advance to vacate. DISTURBANCE ALLOWANCE ENTITLEMENT 3. Business Loss of Private 1. 10% of the entitlement for 1.Verification of Kilifi & Customers Business each PAH is provided as business and structures County Structures resulting from Operators disturbance allowance ownership. Government relocation of and 2. Provision of additional 2.Cash compensation businesses Structure targeted assistance (e.g. Chief owners training, or job opportunities during construction) and opportunities to improve or at least restore their income – earning capacity 3. Provide adequate notice at least one (1) month in advance to vacate. LIVELIHOOD/INCOME RESTORATION AND SOCIAL DEVELOPMENT MEASURES 5-4 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 4. Business, Destruction of Private 1. Train PAPs on financial 1. Training plan Kilifi livelihood business Business management County & income Operators & 2. Sourcing of labour from the Government Structures Landlords locals during construction (structure Chief owners) Mawasco SPECIAL ASSISTANCE TO VULNERABLE PAHS 5. Business, Special Socially Provide (one) 1 month notice that 1. Provision of 1 month Kilifi County livelihood assistance to distressed will give them ample time to notice of demolition Government/ & vulnerable people i.e salvage their assets with ease. 2. Cash facilitation at a Mawasco Structures PAHs Female flat rate of KES Facilitate transportation of salvage Headed 10,000, each, for the materials to the place of their own families 11 PAPs. choice. (The social survey conducted during the PAPs enumeration exercise identified 11 vulnerable PAPs in form of female headed households who largely depend on their small businesses located at the project sites i.e Matsangoni and Gede. It was however noted that they may experience challenges in relocation of their business. Hence, they have been considered for an entitlement which will facilitate their salvage and transportation of their assets as well as relocation of businesses. 5-5 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO For this, a flat rate of KES 10,000 for each of the 11 PAPs has been included in the entitlement register. The rate is based on an average charge for light transportation within town. It also factored in required labor during the exercise. 5-6 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO The witness that can be used include the area Chief, Area Assistant Chief, Village Elders and Nyumba Kumi representatives. In addition, the project will also displace businesspersons. For those losing their structure, cash compensation for entire structure and other fixed assets without depreciation equal to full replacement cost will be done. They will also be given the chance to salvage anything they can before the structures are brought down where applicable. In addition, each PAH will be given a 10% disturbance allowance as part of their entitlements, which will ensure that the structure owners are able to invest in a more stable business venture, whereas businesspeople are able to transit from the initial premises to the new premise. 5.2 VALUATION OF AND COMPENSATION FOR LOSSES The valuation technique used was the full replacement cost in order to ensure that various businesses, structures and crops were appropriately valued where necessary. This was done to help establish the compensation packages for PAHs. Valuation can simply be defined as the art or science of establishing the value (worth) of a particular interest in property for a specific purpose and at a particular moment in time; taking into considerations all the features of the property and also considering all the underlying factors of the market. The following is therefore the valuation methods used on the different affected items. 5.2.1 Valuation for loss of Structures Various structures were identified including permanent, semi-permanent and temporary structures. All of these were valued at the full replacement cost. The areas of the various structures and materials used were all employed in obtaining the values of structures. The total number of PAPs with structures is 10 with valued assets worth Kes. 1,696,270.00. The report recommends for; a) Prompt compensation for affected structures at full replacement cost in cash compensation with the right to salvage materials, b) Continuous engagements with the PAPS and obtaining prior consent before demolition as per World Bank Policy requirements. 5.2.2 Valuation for Loss of Business/Livelihood If a sub – project funded under WSDP causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the project will meet the following requirements: a) Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost. 5-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO b) In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of reestablishing commercial activities elsewhere, for lost net income during the period of transition, and for the cost of transfer and reinstallation of plants, inventory, machinery and other equipment. c) Provide additional targeted assistance (e.g. training, or job opportunities) and opportunities to improve or at least restore their income – earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected. d) Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living. The PAPs that would lose their businesses are small scale traders operating general shops, groceries and hotel. The compensation value of the business owners is Kes. 1,044,000.00. 5.2.3 Valuation for Disturbance The entitlement for disturbance was valued as percentage of the total entitlement for the different aspects of the project. The percentage employed in this RAP is 10% of the entitlement costs. 5.2.4 Valuation for Special Assistance to the Vulnerable PAPs Following the presence of the Vulnerable groups where majorly constituted female headed households. The ARAP provides for entitlement for special assistance to the vulnerable PAPs to enable them transport their salvaged materials to the site of their own choice. This was valued at an average rate for light transport within town. The total valued as special allowance is Kes. 110,000.00 to be distributed at a rate of KShs. 10,000.00 per vulnerable PAP. 5.2.5 Income Restoration Measures The RAP aims at enhancing PAPs livelihoods and restoration of the PAPs’ income streams which is mainly dependent on their daily trading activities conducted within the proposed sites for the construction of the Public ablution facilities. Therefore, in addition to compensation this RAP provides for financial management training of the PAPs to enhance utilization of compensation money in a bid to improve their livelihoods. This training will be undertaken by MAWASCO during RAP implementation phase. 5.3 MODE OF PAYMENT OF PAPS After the ownership and valuation of affected assets are determined, compensation of the PAPs will occur. The compensation will be done in a transparent manner with the involvement of where applicable spouses. This will ensure that all PAPs benefit from the compensation and effective utilization of the compensation hence the improvement of the welfare of the PAPs. Local administration i.e. chiefs and village elders will be used to ensure that all PAPs benefit from the compensation. The administration knows each of the PAPs and will be in the position to ascertain that all decision-making household members are aware and present during any payments. 5-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Regarding the affected businesses, the PAPs were comfortable with cash compensation to facilitate their movement into the market that is adjacent to the proposed ablution site. It is also recommended for a continuous monitoring of the PAPs movement, to ensure that the tenants are situated in reasonable housing and ensure that the compensation given are appropriately used. 5-3 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 6 INCOME RESTORATION AND SOCIAL DEVELOPMENT MEASURES & ASSISTANCE TO VULNERABLE PAPS This chapter highlights the various measures put in place to ensure livelihoods are restored for all affected parties. 6.1 Proposed LRM and Social Development measures The Livelihood restoration measures proposed will entail training for PAPs on financial management. The training will enable the PAPs to practice efficient utilization of compensation dues and improve on their business acumen. This will in turn lead to improvement or at least restore their income – earning capacity, production levels, and standards of living during the post project implementation period. 6.2 VULNERABLE GROUPS These are made up of distinct groups of socially distressed people who might suffer disproportionately from the effects of resettlement. They include women headed households, the poorest (based on the poverty line), the widowed, disabled and elderly. The Consultant encountered some PAHs with vulnerable members including the 2 PAHs in Gede Ablution site and 9 PAHs in Matsangoni Ablution site which are female-headed households. The 11 PAHs were classified as vulnerable due to the fact that they all fall within the category of female headed families solely relying on their small-scale businesses to provide for their families. In order to assist them move their businesses to other areas, the A-Rap report provides for entitlement to vulnerable groups which will assist with relocation of their businesses as well as other assets within the shortest time possible hence shortening out of business period. A one (1) month demolition notice shall be issued to allow for all PAPs ample time to salvage their assets. 6-1 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 7 ARAP IMPLEMENTATION SCHEDULE The proposed time frame for the ARAP implementation process is estimated to begin immediately after the completion of the design and upon clearance by the world Bank and after public disclosure of the ARAP report. It should be completed before the construction begins. However, delays in obtaining the sites for the safeguards exercise have forced the timelines to alter. As such, the schedule below takes into account the period beginning from the date the sites were availed to the consultant. The time frame takes into account important variables such as creation of awareness on the potential impacts and resolution of conflicts/grievance and cash flow from the financier. Time schedule and summary of activities is presented in the Table 7.1. The proposed schedule is per site for the two sites. 7.1 ARAP IMPLEMENTATION DURATION The ARAP will be implemented upon clearance by the world Bank, after public disclosure of the ARAP report and before the Construction process begins which is expected to take at most 8months as per Table 7-1. However, the grievance redress and monitoring of the resettlement activities will be continuous throughout the construction process 7-2 ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table 7-1: Proposed Activity for ARAP Implementation for the Project PERIOD IN MONTHS ACTIVITY ACTORS Implementation to begin immediately after approval of ARAP 1 2 3 4 5 6 7 8 D-1 Consultant & MAWASCO Area Leaders & Community Consultation Meetings & Forums PCU Field Data collection and analysis Consultant Preparation of Draft and Final RAP Report 1 PCU & MAWASCO RAP Area Leaders & PAPs Consultation Meetings & Forums Committee 2 PCU & MAWASCO RAP Validation of asset register Committee 3 PCU & MAWASCO RAP Formation and Training of Grievance Management Committees Committee 4 PCU & MAWASCO RAP Training on Financial Management Committee 5 Disclosure of Updated RAP World Bank & MAWASCO 6 Signing of Compensation agreements PCU & MAWASCO RAP Committee 7 Resolution of Conflicts and Grievances GRM Committee 8 County Government of Kilifi Payment of compensation to PAPs and facilitation for relocation & MAWASCO RAP Committee 9 Issuance of notices for relocation County Government of Kilifi 10 Demolition of structures after consultation and agreement with the PAPs and County Government of Kilifi upon expiry of 3-month demolition notice 11 Monitoring and evaluation activities PCU & MAWASCO RAP Committee 12 GRC Site Confirmation Survey 13 Commencement of Construction GRC 7-1 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 8 GRIEVANCE REDRESS MECHANISMS 8.1 INTRODUCTION The proposed project will be expected to infringe on peoples’ right to property and/or livelihood and readjustment to new life conditions as such the resettlement process is bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the resettlement so that they do not have an adverse effect on the project This chapter briefly outlines a mechanism for settling the anticipated disputes. 8.2 POSSIBLE SOURCES OF GRIEVANCES Some of the issues that may elicit disputes in the resettlement process include: • Failure to understand the essence of the project and the need for the proposed resettlement • CleSCRCCal errors in data entry that leads to delays in processing of compensation for the PAP • Emerging issues such as change in estate administration of affected properties causing delays to payment of compensation • Disputed ownership of an affected asset particularly where documentation is not reliable • Unavailable PAPs during the census, who have been identified wanting to have a say in the compensation • Rejection of a compensation award considered not adequate and representative of market value • Inadequate consultations and/or PAPs sensitization programs implementation 8.3 COMMITTEES INVOLVED IN THE GRIEVANCE REDRESS PROCESS AND THE MANAGEMENT PROCESS 8.3.1 Sub-County Resettlement and Compensation Committee (SCRCC) The SCRCC will be in charge of administration of the grievance procedure at the project level. The SCRCC will be established at the Sub-County level, which involves land acquisition and impact on assets. The SCRCC will be made up of: 8-1 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO • Representative of NLC, as the chair of SCRCC to grant legitimacy to the acquisition and resettlement process and ensure that legal procedures as outlined in Land Act 2012 and World Bank policies are adhered to. • Representatives of CWSB and MAWASCO as the acquiring institution interested in the ‘settled’ land and benefiting from the acquisition and resettlement process. • The County administration representative, which will provide the much-needed community mobilization, and political support to the project and to the process of resettlement • Sub-County Land Survey Officer to help with survey works and demarcation of public utilities where necessary. • The Sub-County Gender and Social Development Officer which will be responsible for livelihood restoration programs. • The Sub-County Lands Registrar Office will help with validation and verification of the documentation provided by the affected persons. • Two PAP representatives from Location Resettlement Committee – act as voice for the PAPs 8.3.2 Locational Resettlement and Compensation Committees (LRCCs) These committees will be based in each administrative location. It will be established by SCRCC through PAPs consultative meetings chaired by a representative of implementing agency (CWSB). S/he will be assisted by the locational chief, who is the government local representative at the location. The LRCC will act as the voice of the PAPs and will work under guidance and coordination of SCRCC in handling PAPs’ grievances. The LRCC will be meeting in the local chief’s office and will be made up of: • The locational Chief, who is the Government administrative representative at the locational unit and who deals with community disputes will represent the Government in LRCC • Assistant Chiefs, who support the locational Chief and Government in managing local community disputes in village units will form membership of the team. • Female PAP, elected by women PAPs, will represent women and children related issues as regards resettlement and compensations • Youth representative, elected by youths, will represent youth related concerns in the LRCCs • Vulnerable persons representative, will deal and represent vulnerable persons issues in the LRCC. 8.4 THE GRIEVANCE MANAGEMENT PROCESS The overall process of grievance management will be as follows:- 8-2 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO i. During the initial stages of the valuation process, the affected persons will be given copies of grievance procedures as a guide on how to handle the grievances. This will include who to contact (a phone number, address and location, time) as well as type of grievances they can refer to this committee. These procedures will be made available at the Chief’s office where they can be distributed to the PAPs. ii. The process of grievance redress will start with registration of the grievances to be addressed for reference at the locational level through LRCC. In all instances, records will be kept to enable progress updates of the cases. iii. Traditional local mechanisms will be used and will include local leaders and the affected persons trying to find a solution with the concerned parties. iv. In cases where a solution cannot be found at the locational or LRCC level reference will be made to the SCRCC. v. These will ensure transparency, fairness, consensus building across cases, eliminate nuisance claims and satisfy legitimate claimants at low cost. vi. The response time will depend on the issue to be addressed but all measures will be put in place to ensure efficiency however a reported grievance shall not take more than one (1) month to be addressed, vii. Once the grievance is addressed and agreement reached, the compensation will be paid to the PAPs. 8.5 GRIEVANCE REDRESS PROCEDURE The Grievance redress will be the functions of the LRCC and SCRCC committees. All the grievances will be channeled to the Locational Resettlement and Compensation Committee. A grievance log will be established by SCRCC and copies of the records kept by both LRCC and SCRCC to be used for monitoring of complaints. The grievance redress mechanisms are designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. If LRCC cannot adequately address the grievance, then reference will be made to SCRCC who shall strive to address the grievances raised. If a complaint pattern emerges, the implementing agencies which are CWSB and MAWASCO, SCRCC, and LRCC will discuss possible remedial measures. The above institutions will be required to give advice concerning the need for revisions of procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. CWSB, MAWASCO, SCRCCs, LRCCs and local leaders will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins. 8-3 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO The procedure for managing grievances under will be as follows: 1) The affected person will file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the LRCC, through a complaints box placed at the local chief’s office or physically to a member of the LRCC. The grievance note should be signed and dated by the aggrieved person. A selected member of the Committee will act as the Project Liaison Officer (PLO) who will be the direct liaison with PAPs. 2) The PLO will be working in collaboration with the other LRCCs and SCRCC. Where the affected person is unable to write, the PLO will write the note on the aggrieved person’s behalf. Any informal grievances will also be documented by the Project Liaison officer. The note should be embossed with aggrieved person’s signature or thumbprint. A sample grievance form is provided in table 8-1 below. A copy of this completed form should be submitted by the Project Liaison Officer to SCRCC 8-4 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table 8-1: Table Showing a Sample Grievance Form RAP Reference No. Contact Information Address: Please mark how you wish to be contacted (mail, telephone, e-mail) Telephone: - Email: - Preferred Language for English Communication (Please mark how you wish to be contacted) Kiswahili National Identity Number Description of Incident or Grievance: What happened? Where did it happen? Who did it happen to? What is the result of the problem? Date of Incident/ Grievance One-time incident/ grievance (date----------------) Happened more than once (How many times--------) Ongoing (Currently experiencing problem………….) What would you like see happen to resolve the problem? Signature: ………………………… Date: ………………………………. Please return this form to: RAP COMMITTEE 8-5 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 3) The Project Liaison Officer and the LRCC will consult to determine the validity of claims. If valid, the Committee will notify the complainant that s/he will be assisted and a response will be given in the due time. 4) The LRCC will meet and respond within 14 days during which time any meetings and discussions to be held with the aggrieved person will be conducted. If the grievance relates to valuation of assets, a second or even a third valuation will be undertaken, at the approval of SCRCC until it is accepted by both parties. These should be undertaken by separate independent valuers than the person who carried out the initial valuation. The more valuations that are required to achieve an agreement by both parties, the longer the process will take. In this case, the aggrieved person must be notified by the Project Liaison Officer that his/her complaint is being considered. 5) If the complainant’s claim is rejected by the Committees, the Project Liaison Officer will assist the aggrieved person to take the matter to the SCRCC. The SCRCC will look at the complaint raised by the PAPs and provide direction, explanation and a response. Sometimes, it will necessitate the aggrieved person to present him or herself to SCRCC to explain him/herself. All efforts will be made to try and reach some consensus with the complainant. 6) If the aggrieved person does not receive a response or is not satisfied with the outcome by SCRCC within the agreed time, s/he may lodge his/her grievance to the Sub-County Land Office, also mandated to help resolve such matters). If requested, or deemed necessary by the project Committee, the Project Liaison Officer will assist the aggrieved person in this matter. 7) Where the matters cannot be resolved through local routes, the grievance will be referred to courts. The SCRCC will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible. After the process, a grievance resolution form will be filled in order to document the resolution made. A sample of the form is provided below: 8-6 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table 8-2: Sample of a Grievance Resolution Form Name (Flier of complaint): ……………………...……..…………………(Optional) PAPs ID Number ……………………...……..…………………(Optional) Contact Information; Village (…………………...…….………..…………………………...) Mobile No. (…………………………..……………………………….) Nature of Grievance or Complaint: …………………………………………………….. Individuals Contacted 1. ………………………………..………………………… 2. ………………………………..………………………… 3. ………………………………..………………………… Summary of discussions ………………………..………………………………………… …………………………………………………………………………………………………….. Signature: ………………………………..………………… : …………………….. (Filer of Complaint) (date) Name of Person Filing Complaint ……………………………… (if different from Filer) Position/Relationship to Filer…………………………………………………………………. Review/Resolution Date of conciliation session………………………………………… Was filer Present…… Was field verification of complaint conducted? Yes ……… No..……. Findings of field investigation ……………………………………………………… ……………………………………………………………………………………………………… Summary of conciliation session ……………………………………………………………… ……………………………………………………………………………………………………… Was agreement reached on this issue? Yes ……… No. ………. describe the outcome;……………………….…………………………………………………………………… ………..………………………………………………………………………………………… Conciliator Name ……………………………………….…… Signature……..………….. Filer Name …………………………………………..….…… Signature……..………….. 8-7 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO The Project Liaison officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. This will be done via a grievance log which will also contain a record of the person responsible for an individual complaint, and records dates for the following events:  Date the complaint was reported;  Date the grievance log was uploaded onto the project database;  Date information on proposed corrective action sent to complainant (if appropriate);  The date the complaint was closed out; and  Date response was sent to complainant.  Nature and type of grievances being raised The entire grievance redress procedure can be summarized in the figure below A PAP files grievance with the PLO LRCC determines the issue and communicates decision Grievance within 14 days resolved No further action Grievance forwarded to the SCRCC and communicates Grievance No further Action within 7 days resolved Unresolved grievances referred to the Environment and Land Court Figure 8-1: Figure Showing Dispute Resolution Procedure 8-8 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 9 ORGANISATIONAL RESPONSIBILITIES The organizational structure elaborates on the role of various stakeholders in administering the ARAP. It further clarifies the role of PAPs and their responsibility in the exercise in relation to the stakeholders. Table 9-1 shows the various institutions and their role in the implementation of the ARAP. Table 9-1: Institutional Roles in ARAP Implementation Name of Institution Role of Institution Ministry of Water Will be an overall implementing agency. and Sanitation Central agency responsible for holding all information on the ARAP. (MOWS) Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved ARAP. CWWDA & Responsible for day to day coordination and implementation of the MAWASCO ARAP Oversee the ARAP consultant’s work Seek approval from NLC for the acquisition of land. Work with the NLC to establish the SCRCC and LRCCs. Provide budget to NLC for compensation Make funding request from County Government of Kilifi for RAP implementation and compensation through NLC. Establish the SCRCC and LRCCs operations. Ensure the grievance committees are established and working. Collect all the needed documentation for compensation as well as grievances and compiling them Monitor the RAP implementation National Land Provide approval to request made by CWSB and MAWASCO to Commission acquire land. Notify landholders in writing of the intention to acquire land. Assist in resolving disputes related to compensation Undertake public consultation on intended acquisition with the help of SCRCC. Receive money from the County Government of Kilifi for actual payment of entitlement awards to PAPs. Sub-County Ensure effective flow of information between NLC and PAPs Resettlement and Compensation 9-9 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Committees Coordinate Locational Resettlement and Compensation Committees (SCRCC) (LRCCs), validate inventories of PAPs and affected assets; monitor the disbursement of compensation funds; guide and monitor the implementation of relocation Coordinate activities between the various organizations involved in relocation; facilitate grievance and conflict resolution; and provide support and assistance to vulnerable groups. Conducting extensive public awareness and consultations with the affected people so that they can air their concerns, interests and grievances. Resolve disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate formal grievance procedures laid out in this RAP. Assist with the livelihood restoration Locational Conduct extensive public awareness and consultations with the Resettlement and affected people. Compensation Help ensure that local concerns raised by PAPs as regards Committee (LRCC) resettlement and compensation among others are promptly addressed by relevant authorities. Assist the effective working of RAP consultants in preparation and validation of the RAP Resolve manageable disputes that may arise relating to resettlement and compensation process. If it is unable to resolve, help refer such grievances to the SCRCC. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included in the ARAP. County Government Oversees ARAP Implementation through funding the ARAP Budget of Kilifi 9-10 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 10 MONITORING AND EVALUATION A monitoring and evaluation (M&E) program will be implemented to provide feedback to project management which will help keep the programs on schedule successful. Monitoring provides both a working system for effective implementation of the ARAP by the project managers, and an information channel for the PAPs to assess how their needs are being met. In reference to the monitoring of this particular ARAP, the LRCC will assist in compiling basic information related to compensation and send them to MAWASCO as part of the monthly monitoring. Some of the information which will be collected at the LRCC level will include: time to gauge the performance of the: - • Length of time from project identification to payment of compensation to PAPs; • Timing of compensation in relation to commencement of physical works; • Amount of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); • Number of people raising grievances in relation to each project investment; • Number of unresolved grievances. • Number of vulnerable people assisted. • Number of livelihoods restored and types of the livelihood restoration. MAWASCO will make this information available to all stakeholders including the World Bank. The implementing agencies will directly monitor compensation as undertaken by Sub-County Resettlement and Compensation Committees (SCRCC) constituted by MAWASCO. In addition, there will be external monitoring and evaluation, which will be carried out for all other RAPs carried out under WSDP. This will be done by an independent consultancy/agency. Information will be collected via survey, interviews and focus group discussions with the affected communities. The data for these indicators will be collected every six months during the ARAP implementation by the implementing agency which is MAWASCO and LRCC to ensure triangulation of data. Financial records will be maintained by County Government of Kilifi and MAWASCO to permit calculation of the final cost of resettlement and compensation per individual or household and they will be included in the monitoring report. The statistics will also be provided to the external independent consultant/ agency that will be contracted on an annual basis to monitor the implementation of the ARAP. 10-1 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 11 ARAP COSTS AND BUDGETS This chapter highlights the various costs of entitlements for the two proposed sites as well as the costs for monitoring and evaluation. 11.1 COST OF ENTITLEMENTS 11.1.1 Entitlement for Structures The Total Entitlement for structures for the 2 facilities is Kes. 1,696,270.00 and is distributed as follows. Table 11-1: Summary of Structure Owners’ Entitlement Sanitary Facility Total Entitlement (Kes.) PAHs with Structures Matsangoni AB 5 1,242,520.00 Gede AB 5 453,750.00 TOTAL ENTITLMENT 1,696,270.00 11.1.2 Entitlements for Businesses and rental income (Loss of Livelihood) The total entitlement for business owners is Kes.1,044,000.00 which is distributed as follows: Table 11-2: Summary of Business Owners' Entitlement Sanitary Facility PAHs with Businesses Total Entitlement (Kes.) Matsangoni AB 8 882,000.00 Gede AB 4 162,000.00 TOTAL ENTITLMENT 1,044,000.00 11.1.3 Entitlements for Vulnerable Groups (Transportation of salvaged materials) The total entitlement to facilitate the Vulnerable in the transportation of salvaged materials to the site of their own choice. Table 11-3: Summary of Vulnerable PAHs Sanitary Facility Vulnerable PAHs Total Entitlement (Kes.) Matsangoni AB 9 90,000.00 Gede AB 2 20,000.00 TOTAL ENTITLMENT 110,000.00 11.1.4 Entitlement for Disturbance allowance 10% of the entitlement for each PAH is provided for the disturbance that will be as a result of the sanitation development projects. The total cost for disturbance is Kes. 285,027.00 and is distributed in the facilities as follows. 11-1 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Table 11-4: Summary of Disturbance Entitlement Sanitary Facility PAHs Entitled to Disturbance Allowance Total Entitlement (Kes.) Matsangoni AB 10 221,452.00 Gede AB 7 63,575.00 TOTAL ENTITLMENTS 285,027.00 11.1.5 Entitlement for Livelihood/Income Restoration Programs The ARAP aims at enhancing PAPs livelihoods and restoration of the PAPs’ income streams which is mainly dependent on their daily trading activities. Therefore, in addition to compensation this ARAP provides for financial management training and capacity building of the PAPs to enhance utilization of compensation money as well as proper management of their businesses in a bid to improve their livelihoods. This training will be undertaken by MAWASCO during ARAP implementation phase. The total cost for livelihood/income restoration is Kes. 200,000.00 and is distributed in the facilities as follows. Table 11-4: Summary of Livelihood/Income Restoration Entitlement Sanitary Facility Total Entitlement (Kes.) PAHs Entitled for Capacity Building Matsangoni AB 8 152,000,00 Gede AB 4 48,000,00 TOTAL ENTITLMENT 200,000.00 11.1.6 Total Entitlements The total entitlement for the project is Kes. 3,335,297.00 which is illustrated in the table below for each asset category: Table 11-5: Summary of Entitlements per Asset Category No. Asset Type Total Entitlement (Kes.) 1 Structures 1,696,270.00 2 Businesses/Livelihood 1,044,000.00 3 Entitlements for Vulnerable Groups 110,000.00 4 Disturbance Allowance 285,027.00 200,000.00 5 Livelihood/Income Restoration measure TOTALS 3,335,297.00 11-2 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 11.2 ARAP IMPLEMENTATION BUDGET The ARAP implementation budget is a function of the total entitlement cost and requisite administrative costs required to implement the plan. These were estimated at 10% of the entitlement cost and similar percentage from livelihood/income entitlement shall be used to facilitate livelihood restoration programs. A further 5% of the resulting amount was considered for contingencies in the budget and other factors such as inflation. This brings the total budget of this ARAP to Kes. 3,878,185.71 as shown in the Table below: Table 11-6: Summary of ARAP Implementation Budget No. ARAP Item Cost (Kes.) Total Entitlement Costs for asset and livelihoods` loss 1 (including 10% Disturbance) 3,335,297.00 2 ARAP Administration Cost (10) % of Entitlement Cost) 376,123.86 Allowance for Inflation and Contingencies (5) % of 4 166,764.85 Entitlement Cost) TOTAL ARAP IMPLEMENTATION COST 3,878,185.71 11-3 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 12 REFERENCES The Constitution of Kenya 2010 The Land Act, No. 6 of 2012 The Final Wastewater Master Plan Report for Watamu– Design Report World Bank Operational Policies OP 4.12 Water and Sanitation Development Project (WSDP) _ Resettlement Policy Framework (RPF) 12-1 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13 APPENDICES APPENDIX I : ARAP HOUSEHOLD QUESTIONNAIRE 13-2 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-3 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-4 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-5 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO APPENDIX II: PUBLIC CONSULTATION SUMMARY 13.1.1 Minutes of a Consultation Meeting Held at Matsangoni, Matsangoni market on 29th November 2018 at 2.44pm 1) Present • Festus Kahindi Yaa – Chief, Matsangoni. • John Amuma Munga – Assistant Chief, Matsangoni. • Vellasco Tsuma Ndaro - MAWASCO representative • Zulekha Fadhil - MAWASCO representative • Mutengo Munga - MAWASCO representative • Irene Neema - MAWASCO representative • Francisca Kadzo - MAWASCO representative • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Lydia Mutuku - Zamconsult Consulting Engineers (Consultant) • Other leaders and General Public 2) Minutes Introductions The meeting started at 2.44pm with a word of prayer by Mr James Rama Katana. The meeting was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant and MAWASCO staff to give their presentation. Presentation on Project by the MAWASCO staff The MAWASCO representative Mr. Ndaro explained that the county government of Kilifi and MAWASCO saw a necessity for constructing a bigger and modern public toilet at the Market place due to demand as the market has grown and the human traffic has surpassed the existing facility. He mentioned that the main agenda of the meeting was to sensitize the community on the proposed project and requested the public to support the project since it’s a development that will transform the market area and promote environmental hygiene. Presentation on Project by the consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. He explained that the project involved the construction of ablution blocks located at the Matsangoni market to replace the existing facility which is not fully functional and in a bad state due to pending water bills. He further mentioned that the ablution blocks will be composed of three (3) water closet toilets on both the Male and Female sides of which one out of the three toilets on either side will be constructed for persons with disabilities. Additionally, the facility on either side will have a shower room, changing room and a baby changing station. The sewage waste will be collected in a septic tank and a 15000litres over-head water tank will be provided for water consumption in the toilet facility. Within the 23m by 15m fenced ablution block premises two personnel offices, a storage room and shop will be provided as well. It was made clear that the project is intended to benefit the community directly therefore the daily operations will be conducted by an active community group or organization selected by MAWASCO in liaison with the local chief. 13-6 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan was being carried out in order to identify all the project affected persons (PAPs). Fortunately, the ablution blocks are intended for construction on public land hence very few people would be identified as PAPs since there was minimal encroachment. He informed them that the affected would be mapped using GPS with an accuracy of 1metre in UTM coordinate system. He outlined that the cut-off date for the ARAP exercise was 30th of November 2018. As such, any further developments within the project site would not be considered for compensation. He explained to them that a questionnaire will be used to collect the PAP’s details including the actual measurements of the affected property and confirmation of the PAP’s preferred mode of compensation. He further explained that the data will be forwarded to the clients where a meeting will be held between the client and the PAPs in the presence of the local administration for discussion of the procedures for compensation and to inform the community on the rates for compensation after evaluation of property on encroached land during the ARAP implementation stage of the project. He further informed the public that business owners on the encroached portion of site will be compensated for the loss of livelihood as it is a requirement by World Bank. The consultants informed the meeting attendees that the project will benefit the community directly through creation of employment from the project inception stage to the operation and maintenance stages. He explained that during the construction stage the small business owners will benefit through material supply, both skilled and unskilled workers, provision for food for the workers and the selected operators of the facility will generate their income from the daily running of the facility. He mentioned that cases of diarrheal diseases caused by unhygienic practices such as open defecation, disposal of used sanitary towels and pampers leading to contamination of water resources will reduce drastically owing to the construction of the public toilets. He further communicated that the condition of the environment will improve as well. He mentioned that a cleaning schedule will be developed by the operators to avoid any emission of bad odour. The Consultant also explained that ARAP verification process would be done by MAWASCO in liaison with the local chief before any negotiations/compensation can be done. Questions, Answers and Feedback The Consultant then invited the attendees to raise any recommendations or issues of concern for discussion in order to have full knowledge on the project. Q1) Loise Kadzo, medical clinic officer, communicated that the choice of installing WC rather than the squat toilets is a health concern to the community therefore recommended the toilets be changed to squat toilets and enquired on the cleaning standards of the toilets. The consultant responded by informing the public that an operation and maintenance manual is being prepared by the client which will incorporate the cleaning schedules for the operators of the facility to ensure high standards of cleanliness are maintained to avoid any cross contamination from the toilet seats and assured them that their sentiments for replacing the WC with squat toilets will be forwarded to the client for action. He mentioned that in the event the toilets are replaced at least one toilet on either sides will remain a WC to serve the elderly and disabled community members Q2) Ramadhan Hassan inquired on the amount that will be charged for using the facility. 13-7 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO The MAWASCO representative responded by informing the attendees that the tariff charged for use of the facility will be arrived at by considering the operation and maintenance requirement of the facility which will include water bills, paying the operators, repairs, emptying and transporting the sewerage waste to the drying beds. These costs will be estimated in the operation and maintenance manual and a considerable amount will be fixed by the WSP and approved by the WSB. He stated that the project is a non-profitable initiative intended to target all community members from all spectrums of income generation therefore a reasonable amount will be arrived at to encourage more community members to use the facility. Q3) James Rama Katana inquired on whether the community was consulted on where to position the facility. The consultant responded by informing the public that the location for the facility was to be provided by the WSP therefore in consultation with the County Government of Kilifi and the local administration the WSP set out the proposed position for the facility ensuring that minimal persons are affected by the project resulting to relocations or disruption of livelihoods. Q4) Timothy Mwango requested that the County Government of Kilifi collect the solid waste disposed within the market area stating that it is unhygienic for the community especially with food produces being sold in the market and asked where the PAPs will be relocated to. The Chief responded by notifying the community that he had communicated with the environmental department from the Kilifi offices and the solid waste will be collected for disposal at the landfills. He further informed them that a receptacle will be constructed according to the proposed County Integrated development plans. He explained that the affected persons will be relocated to a site provided by the County Government during the ARAP implementation phase of the project within Matsangoni sublocation. Q5) Kadzo Kazuru inquired on the start date of the project. The consultant informed the attendees that funds for executing the project have been set aside awaiting the pending ESIA and ARAP completion after the construction works will begin. 3) Conclusion The Consultant thanked everybody and requested them to inform their friends and neighbours about the proposed project and PAPs census survey exercise. The chief thanked everyone for attending the meeting and requested that the community should embrace the project since it’s a stepping stone to the development that the government is embarking on to transform the economy and livelihood of the Matsangoni community. He thanked the guests for informing the people about the project in a good and simple way Close of Meeting The meeting ended at 04.03pm with a word of prayer by Mr James Rama Katana. 13-8 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-9 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-10 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-11 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-12 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-13 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Meeting Photos Figure 13-1: Chief addressing the crowd and welcoming the consultant Figure 13-2: Crowd listening attentively to the MAWASCO Commercial Officer 13-14 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Figure 13-3: Feedback from members of the public Figure 13-4: Public response to the project. 13-15 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13.1.2 Minutes of the public consultation meeting held at Gede Market on the 11th of April 2019 at 3.30pm. Present • Nyamweya Maxwell - Zamconsult • Zuleika F. Kai– MAWASCO Consulting Engineers • Isaac Chibule –MAWASCO • Francis Moturi - Zamconsult Consulting • Japhet Kingi Engineers • Chengo Aron – Assistant chief • Hawa James • Sirya Ngawa - Chief • Davidson Katana • Mweni Mramba Salim • Mohamed Kapombe • Kahindi Kombe • Janet Charo • Araja Baya • Christine Nzaro • Isaac Chibule • Benson Maisha Kazungu • Elijah Katana Kimero • Nyundo Iha • Leila Hare • Josephine Kombe • Lilina Katana • Zawadi Nzai • Kabibi Kahindi • Priscillah Kazungu • Serah Masha • Mlunahawa Guzo • Kadzo Mwaro • Raymond Mwaro • Mary Karisa • Julius Masha Kalama • Sidi Katana • Winnie Kombe • Sidi Charo • Jumwa Changowa • Nzingo Katana • Kadzo Kahindi • Kadzo Katana Kariga • Terezia Mjambicha • 1 Introduction Introductions were then done by Assistant Chief, Chengo Aron. He introduced the project and the consultant and gave a general description of the project, the location where the facilities would be constructed, and the benefits of the project to the public. Further details were given by MAWASCO representative Isaac Chibule who then went on to introduce the consultant. 2 Presentation on the Project The Consultant gave a presentation on the scope of the proposed project. Within Mtwapa, the project would entail the construction of 1No. Ablution blocks which would be located within Gede Market. The ablution block would feature: • Six toilets with equal number for each gender • Two shower rooms; one for each gender • Toilet fitted with special amenities for use by disabled persons • A shop, store and offices 13-16 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO • A septic tank • A 5,000-litre water tank The Ablution blocks would each sit on a piece of land measuring 23m x 17m. This land was selected on the basis that; • There was sufficient space to set up the ablution block • It was publicly owned • There was high traffic in the area and therefore high need for the lavatory facilities A faecal sludge treatment plant would also be constructed in Maweni. This would receive the waste water collected from toilets and septic tanks within Mtwapa Area and would treat the water before it was released into the environment. The Consultant explained the purpose of the public engagement, explaining the reason for doing the ESIA. Mitigation measure would be put in place following the site visits and questionnaire surveys and would be incorporated into the ESIA report being presented to NEMA. Comments and questions from the public would be addressed in the meeting. Matters arising that may impinge on the project as currently designed would be included in the report as recommendations, and will, where necessary advice on future improvements and alterations to the design. 3 Questions, Comments and Feedback 1. Josephine Kombe wanted to find out what would happen to the affected persons. She also suggested that the ablution block be constructed in the bus park. She said that this site had been selected earlier and wanted to know why it had been changed. The consultant reminded the participants of the criteria used for the selection of the sites. The bus park did not have land enough to fit the ablution block. A more appropriate piece of land was therefore selected for the project. The people affected by the project would be compensated for the loss of property and livelihood. They would be listed and the value of their property determined. They would then have the option of receiving cash or an in kind compensation which would involve the construction of stalls elsewhere. 2. Mweni Mramba wanted to know how the payments for the toilets would work. The consultant informed the public that the payments would be collected as the person intending to use the toilet walked in. The pSCRCCe would be determined so that they would be accessible to the general public. The maintenance would be handled by local groups that would be given tenders for the work. It will be them that will receive the payments. 3. Christine Nzaro recommended that the immediate neighbours of the project be involved in maintaining the facility. She was worried that outside parties brought in to manage the facility would not understand that it was a public toilet and would end up using it as personal toilet. Christine also asked whether anything could be done before the ablution 13-17 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO block was completed since the rains were coming and diseases were likely to spread following the shower The consultant informed the participants that only qualified groups would be selected for the maintenance of the facility. If the neighbours of the facility were qualified, they could apply for the contract to maintain the facility. Chibule agreed with Christine it would be wise to do something in the meantime before the project was implemented and informed her that her proposal would be forwarded to the relevant persons. 4. Benson Maisha asked whether the project was only targeting Gede. The consultant informed him that other areas were also receiving sanitation facilities. 5. Zuleika Kai from MAWASCO offered more information on the maintenance of the facilities, telling the participants that when the construction was complete, advertisements would be done so that members of the public could apply. The winning bidders would undergo training on the management and maintenance of the ablution block so that their work was up to par. 6. The consultant asked the public whether thy preferred the western type toilet as it was in the design or whether they wanted squatting toilets. Meeting participant said that squatting toilets would be more appropriate since the toilets would be used by a large number of people. Some people do not know how to use the sitting type toilets and the squatting toilets would be easier to keep clean. The toilet meant for the disabled and for the elderly could remain a sitting type toilet. 4 Conclusion There being no other matters, the consultant thanked everyone for the attending and sharing their opinions. Concluding remarks were made by the Assistant Chief. He thanked the participants for turning up, and 5 Adjournment The meeting ended at 5:00pm. 13-18 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Photos of Meeting Figure 13-5: Consultant making Presentation Figure 13-6: MAWASCO Rep making presentation Figure 13-8: MAWASCO Reps and Consultant making Figure 13-7: MAWASCO Rep making presentation presentation 13-19 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Figure 9: MAWASCO Reps and Consultant making Figure 10: Chief Concluding meeting presentation Figure 11: Public Response to the Project 13-20 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-21 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-22 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13.1.3 Matsangoni Public Ablution block Consultative Meeting Held on 09th October 2020 At Matsangoni Market Members present 1. Mr. John Amuma Munga - Asst. Chief Matsangoni 2. Rev. Dkt. William Jeno - Chairman, Matsangoni Market Association 3. Mr. Vellasco Ndaro - Commercial Manager, Mawasco (Social Safeguards Specialist) 4. Ms. Zuleikha Fadhil - Commercial Officer, Mawasco (Env. Safeguards) 5. Mr. Caroko Karisa - Customer Care Officer, Mawasco 6. Matsangoni Community (attendance list attached) Meeting Agenda 1. Project Overview 2. Setting up of the Cutoff date 3. Plenary session & Way forward Preliminary The Commercial Manager (Mawasco) called the meeting to order at 09:51am and requested Rev. William to lead members with a word of prayer. Deliberations and action points Issue Meeting Deliberations raised/discussed The Commercial Manager, Mawasco gave out a brief overview of the WSDP Project program mentioning the various stakeholders including Mawasco. He also Overview mentioned two of the project components being water and sanitation. On the Sanitation component, he informed Members that the Bank was financing the construction of 10no public ablution blocks and 2no Feacal Sludge Treatment Plant in Malindi Sabaki and Watamu, Canaan area all sited on Public land. He then reminded the community on the previous consultations held on the first site identified for the construction of the ablution block which was occupied by the ongoing market construction resulting to a slight change of the identified plot, hence the need for further consultations. He thanked the community for accepting the project and the proposed site adjacent the previously identified plot where the community were in agreement. Ms. Zuleikha further advised that the sanitation facility shall comprise of 3 units serving both Male, female and the physically challenged. It will also comprise 13-23 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO a shop where the operator shall be expected to sell sanitary product amongst other retail items. PAPs & Cutoff She advised the community to re-organize themselves and take lead in the Date management of the sanitation facility once the implementation was concluded. The commercial Manager informed the community that since within the identified plot existed some structures and business traders, an asset registration exercise will be conducted by a Consultant where all the affected parties in terms of structures and livelihood shall be enumerated and considered for possible compensation before the project construction in accordance with the World bank guidelines and Kenya resettlement policies. He further advised that the Consultant had proposed to undertake the exercise on 09th November 2020 where all the affected persons shall be expected to be available and accord him with all the needed cooperation. The Community unanimously agreed on the proposed date where they were informed that 09th November 2020 has been confirmed as the cut -off date where the social economic survey shall be initiated. It was also agreed that no structure, businesses or any other asset established in the project-affected area after the said dates shall be eligible for compensation. Public Consultations Mr Caroko added that there shall be a series of continuous engagement with the community before and after the project implementation to ensure project sustainability. They were however encouraged to attend them whenever they are invited. Plenary Session Ms. Kadzo Shughuli 1. Inquired on the compensation package (whether land will be included) Ms. Zuleikha advised that the compensation package shall comprise of structures and loss of livelihood. However, land claims shall only be considered upon presentation of legal land ownership documents given that the current status of the plot remains public. 2. Current committee not a representation of the Traders The Commercial Manager requested the Chairman Matsangoni Market Association to consider balancing the existing committee with the business Closing people. Rev. Dkt. William concurred with the Mawasco Officer and advise the Remarks traders to appoint their representatives and forward their names for inclusion in the main committee. 3. Management of the facility The Commercial Manager informed the participants that management of the facility shall be identified competitively with the community being given an equal opportunity to be considered. There was therefore the need for the community to start organizing itself into a competitive outfit to possible run the facility. 13-24 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Madam Jane Kadzo 4. Urged the Client to consider the affected community in job opportunities and other projects benefits The Commercial Manager assured Members that where suitable vacancies arise, the community shall be the first to be considered when recruiting for such positions. He further urged the community to be cooperative and not to be selective on any opportunity given since not all jobs can be sourced locally. The commercial manager urged the community to be on the forefront of the project and actively participate in all the meetings. There being no other business, the meeting ended at 11:08hrs with a word of prayer lead by Mr. Caroko. 13-25 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-26 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO 13-27 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Meeting Photos Figure 12: Ms Jane seeking clarification during the consultative meeting Figure 13: Commercial Manager responding to questions raised by the Matsangoni community 13-28 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Figure 13: Commercial Ms. Zuleikha clarifying issues raised by the community 13-29 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO APPENDIX III : PHOTO GALLERY – PROJECT AFFECTED PERSONS WATAMU - MATSANGONI ABLUTION Kadzo Shughuli’s structure Jacqueline Kahindi and Nelly Zawadi Kahindi’s structure Martin’s tailoring business Pendo Kazungu’s mpesa business Jane Kadzo’s business Lucy Kadzo Shindi’s structure/business Mapenzi Tido’s business Pendo’s structure Emmanuel Baya’s business 13-30 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO Kahindi Kombe’s structure Sidi Esther’s business Safari Kombe’s structure Sidi Jefa Yaa’s business Fikiri’s structure 13-31 ABBREVIATED RESETTLEMENT ACTION PLAN (RAP) REPORT FOR PROPOSED WATAMU SANITATION FACILITIES FOR MAWASCO APPENDIX IV: ASSETS INVENTORY/VALUATION ROLL This has been presented as a separate file 13-32