Republic of Kenya Coast Water Works Development Agency Mikindani Street, Off Nkurumah Road, P.O. Box 90417-80100, Mombasa, Kenya. Tel: +254 041 231 5230 Project Name: Water and Sanitation Development Project (WSDP) Credit No.: IDA – 6030 KE Contract Name: Consultancy Services for Preparation of Detailed Designs, Tender Documents, Environmental and Social Impact Assessment Report (ESIA) and Construction Supervision of the Baricho Well-Field Protection Works Contract No.: KE-CWWDA-87234-CS-QCBS PHASE I: PREPARATION OF DETAILED DESIGNS, TENDER DOCUMENTS, ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT REPORT (ESIA) ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) November2021 GK Consultants-STRECO Joint Venture 23, Alexandroupoleos & Kessareas str. GR 11527 Athens, Greece. Tel.: +30 2107756130 – Fax: +30 2107755960, e-mail: central@gk-consultants.gr 1 This Abbreviated Resettlement Action Plan (ARAP) prepared for Planned Baricho Well-Field Protection Works has been prepared by M/S G Karavokylis Consulting Engineers and Partners S A in Joint Venture with Structural Reinforcement Components Ltd on behalf of the Coast Water Works Development Agency (CWWDA) PREPARED BY: GODWIN LIDAHULI SAKWA RAP SPECIALIST Signed ……………………………………. Date…………………………. PROPONENT Signed …………………………….Date…………………………. NAME……………………………………………………………….. COAST WATER WORKS DEVELOPMENT AGENCY Chief Executive Officer 1 DEFINITION OF TERMS Abbreviated Resettlement Action Plan is a resettlement document prepared to mitigate impacts that have affected less than 200 Project affected persons in accordance to World Bank OP 4.12. Compensation: means payments made in cash/ kind in recognition of loss of assets to be acquired and / or Livelihoods affected by a project at full replacement or at current market value. Complete Displacement: means the displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land outside the settlement due to the planning and survey activities including demarcation of roads. Cut-off date is the date of start of the socio-economic survey/census and asset inventory of PAPs. Persons entering and/or occupying land in the project area after this date and not included in the inventory of PAPs will not be considered eligible for compensation and or resettlement Assistance. Similarly, fixed assets such as build structures, crops and trees established after the cut-off date will not be compensated. Grievance: any dissatisfaction or sense of injustice or unfairness felt by a person, in this respect a PAPs or his/her representative in connection with his/her compensation entitlements, the ARAP implementation process, the project and other scenarios related to project implementation. Squatters are those who have no recognizable rights or claims to the land that they are occupying and includes people using private or public land without permission, permit or grant i.e those without legal title to land and /or structures occupied or used by them. Market rate: selling price of a commodity in the open competitive market. Project Affected Person(s) (PAPs) are persons, households, enterprises, and public or private institutions affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Public Participation is a facilitative process of strengthening the organizational and management capacities of people in such a way that they become self-reliant in solving their own problems. It connotes the organized action of the people towards the resolution of issues or acquisition of what they desire and what may benefit them. This, then, requires that people, as a group, must have proper ownership of actions and highly organized course of action. Rehabilitation Assistance is the additional support or provision of development assistance, over and above compensation accorded to members of the affected community during implementation of the ARAP e.g. labor support, land preparation, training, job opportunities to enable them to improve their living standards, production levels or at least maintain them at pre-project displacement levels. Relocation/Localized means displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land (within the settlement) due to the planning and survey activities including demarcation of roads. Full Replacement cost means replacement of assets with same quality and quantity with an amount sufficient to cover full cost of lost assets and related transaction costs and taxes. The cost is to be based on Market rate (commercial rate) according to Kenyan law for sale of land or property, without depreciation in addition to other considerations such as (a) 2 transporting building materials to the construction site; (b) any labor and contractors‟ fees; and (c) any registration costs. Resettlement Assistance is the measures to ensure that Project Affected Persons who may require to be physically relocated are provided with assistance during relocation, such as moving/shifting allowances for ease of resettlement, residential housing or rentals, rental allowance whichever is feasible and as required, for ease of resettlement. Survey Census means a 100% field assessment carried out to identify and determine the number of Project Affected Persons (PAP). Vulnerable Groups include all those affected by the project who are below the poverty line, the elderly and women headed households. 3 LIST OF ABBREVIATIONS AND ACRONYMS ACC Assistant County Commissioner ARAP Abbreviated Resettlement Action Plan COVID – 19 Corona Virus Disease CWWDA Coast Water Works Development Agency FGD Focused Group Discussion HH Household GRC Grievance Redress Committee GRM Grievance Redress Mechanism NLC National Lands Commission NLP National Land Policy NGOs Non-Governmental Organizations OP Operation Policy PAD Project Appraisal Document PAPs Project Affected Persons PDP Part Development Plan PC Project Committee PCT Project Coordination Team PPE Personal Protective Equipment PIT Project Implementation Team PCP Project Contact Person RAP Resettlement Action Plan RIC Resettlement Implementing Committee RIM Registry Index Maps ROW Right of Way RPF Resettlement Policy Framework VMG Vulnerable and Marginalized Groups WB World Bank WSDP Water and Sanitation Development Project WTP Water Treatment Plant 1 i. EXECUTIVE SUMMARY Project Information The Coast Water Works Development Agency (CWWDA) through the Water and Sanitation Development Project (WSDP) has commissioned M/S G Karavokylis Consulting Engineers and Partners S A in Joint Venture with Structural Reinforcement Components Ltd to undertake Consultancy Services for Preparation of Detailed Designs, Tender Documents, Environmental and Social Impact Assessment Report (ESIA), Resettlement Action Plan (RAP) and Construction Supervision of the Baricho Well-Field Protection Works. Project Resettlement Impacts The proposed protection works will be undertaken within the existing Sabaki River riparian within existing Baricho Well fields. However, a total of 2.82 acres of land belonging to 12 PAPs at the proposed 6m wide water pipeline route and 10m wide access road corridor routes will be impacted. The PAPs included 6 females and 6 males, who include 4 female PAPs who are widows and 2 male PAPs who are elderly. Table E.1 below summarizes category of losses under this ARAP Table E-1. Summary of Resettlement Impacts Type of loss No. Number of Parcels impacted 8 PAPs losing less than 20% of Land 12 PAPs losing crops and trees on their land 12 Preventing Spread of Covid -19 amongst Community Members The review of this ARAP is undertaken during the Corona virus disease (COVID - 19) pandemic outbreak. The preparation of the ARAP including the relevant consultations have been undertaken in strict adherence to the guidance and WHO guidelines on curbing spread. Similarly, specific mitigation measures have been introduced to prevent the spread of the pandemic during ARAP implementation. More particularly, consultations required as part of mitigation measures, during RAP implementation and training on E&S 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 recommendation on how to minimize physical contact are adhered to. Approach and Methodology The methodology adopted during preparation of this report was guided by World Bank OP 4.12 on Involuntary Resettlement, Water and Sanitation Development Project (WSDP), Land Act, 2012, Valuers Act, and Constitution of Kenya ,2010. Public Consultations The process of preparation of the Abbreviated Resettlement Action Plan (ARAP) was consultative where the 12 PAPs were engaged during the public participation forum that was held on the 30th March 2021 at the Lango Baya Chiefs Offices. Issues related to ARAP 1 such as; (i) legal and policy provisions with regard to ARAP, (ii) Identified ARAP impacts in the settlement after census and applicable entitlement, (iii) involvement of women in the ARAP process, (iv) Support to vulnerable persons were discussed (v) Project impacts both positive and negative (vi) Cut – off date was agreed. Minutes of consultations are provided as Appendix 2 of this ARAP. Mitigation of Adverse Impacts The Project Affected Persons (PAPs) irrespective of their tenure status are eligible for assistance or compensation if their assets or livelihoods sources will be affected by the Project by the cut-off date set as 30th March 2021. This date was adopted during the public baraza held on the 30th March 2021 at the Lango Baya Chiefs Offices. Therefore, this ARAP provides that PAPs losing land will be compensated in cash calculated at prevailing land rates in the area. Similarly, PAPs losing crops and trees will be compensated in terms of the yield of fully mature crop as per the provisions of the entitlement matrix presented in table 3-1 in chapter 3 of this report. Additionally, all PAPs will be entitled to transitional allowance of 15% of the value of land and crops/trees lost (as shown in the PAPs Asset Register) that will enable them re-establish livelihood after resettlement. It is to be noted that, because the PAPs do not have legal titles to the affected land that they own, and on which some of them undertake livelihood activities, CWWDA undertook a due diligence involving the current title holder (Weru Ranch) which confirmed that the ranch land has been subdivided and the process to issue title deeds to the PAPs (and other ranch members) has been initiated. Further verification of ownership involved discussions with the local administration officials (Chief and Assistant Chief) responsible for the area in which the affected parcels are located. They too confirmed that the identified PAPs are the rightful owners of the affected parcels. Following this, the CWWDA legal counsel prepared a tripartite Legal Agreement involving the three parties – the individual PAPs, Weru Ranch and CWWDA. This is the document that will be used as the basis for paying cash compensation to the PAPs, while also ensuring the smooth transfer of titles of the affected parcels to CWWDA as soon as the titles are issued. The PAPs have been sensitized on the tripartite agreement. The sample Legal Agreement is in Appendix 1 of this ARAP. For vulnerable 6 PAPs, this ARAP provides for additional monetary assistance of Kshs 5,000 for the first 1 months and Transitional allowance that will assist them re-establish livelihood by providing funds required to pay for casual labour at the time of crop harvesting and payment of transport services of the produce at the time of harvesting crops on land will be acquired by the Project. Grievance Redress Mechanism This ARAP provides for a three tier Grievances Redress Mechanism (GRM) at no cost to the PAPs. The first tier is the Grievance Redress Committee (GRC). The second level will be the Resettlement Implementation Committee (RIC) which comprise of CWWDA Project Coordinating Team (PCT) and the local administration. The third tier will be the Courts of Law to be adopted as the last resort as detailed in chapter 4 of this ARAP 2 Implementation of the ARAP The primary responsibility for implementation of the ARAP is with CWWDA Project Coordination Team (PCT). This team will ensure that all PAPs are adequately compensated as provided in the entitlement matrix (sub section 8.2) and implementation schedule provided as Table 5-1 in Chapter 5 of this ARAP. ARAP Implementation Budget This ARAP provides a total implementation budget of KShs3,425,484.80 (Three million, Four hundred and Twenty-five thousands and four hundred and eighty-four and eighty cents Only). The PAPs will be paid compensation allocation prior to commence of construction of Baricho well fields protection works as presented in the ARAP implementation schedule provided in Chapter 6 Table 6-1 and 6-2. Monitoring and Evaluation Monitoring and evaluation framework provided by this ARAP spells out a 3-level monitoring arrangement to be used to evaluate achievement of ARAP commitments provided in Sub Section 7.2. The levels include; internal monitoring to be undertaken by CWWDA Resettlement Implementation Committee (RIC) and safeguards team, external monitoring and a final completion audit to be undertaken after implementation of the Baricho Well Fields Protection Works and conclusion of PAPs compensation The parameters to be monitored will include among others; number of PAPs compensated including vulnerable PAPs and number of grievances registered and successfully resolved. Detailed monitoring and evaluation plan is presented in Chapter 7 of this ARAP. ARAP Commitments The primary responsibility of ARAP implementation is with CWWDA Project Coordination Team (PCT). The team will ensure that all PAPs are adequately compensated according to the entitlements and commitments of this ARAP prior to commencement of Baricho Well Fields Protection Works. This ARAP also provides specific commitments that will be undertaken by CWWDA during ARAP implementation phase; these commitments are provided in Chapter 8 Sub Section 8.2. 3 TABLE OF CONTENTS I. EXECUTIVE SUMMARY I CHAPTER 1: BACKGROUND INFORMATION 1 1.1 BACK GROUND INFORMATION 1 1.2 PROJECT INFORMATION 1 1.3 OBJECTIVE OF THE ARAP 1 1.4 SCOPE OF THE ARAP 2 CHAPTER 2: PROJECT RESETTLEMENT IMPACTS 3 2.1 PROJECT RESETTLEMENT IMPACTS 3 2.1.1Total Number of PAPs 3 2.1.2Impacts on Land 3 2.1.3PAPs Losing Crops and Trees on their Land 3 2.2 SOCIAL RISK- SPREAD OF COVID -19 A MONGST COMMUNITY MEMBERS DURING CONSULTATIONS 3 CHAPTER 3: ELIGIBILITY AND ENTITLEMENT 1 3.4 ENTITLEMENT MATRIX 2 CHAPTER 4: GRIEVANCE REDRESS MECHANISM 4 4.1 GRIEVANCE PROCEDURE AND RATIONALE 4 4.2 GRIEVANCE REDRESS TIERS 4 4.3 GRIEVANCE REDRESS STEPS 5 4.4 CAPACITY-BUILDING FOR THE GRIEVANCE REDRESS COMMITTEES 6 4.5 GRIEVANCE REDRESS MECHANISM 6 CHAPTER 5: ARAP INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 7 5.1 INTRODUCTION 7 5.2 PROJECT MANAGEMENT AT MINISTRY LEVEL 7 5.3 THE PROJECT MANAGER (PM) 7 5.4 PROJECT IMPLEMENTATION TEAM (PIT) AT CWWDA 7 5.5 CWWDA ARAP C OMMITTEE 8 5.6 ARAP IMPLEMENTATION SCHEDULE 8 CHAPTER 6: VALUATION METHODOLOGY AND BUDGET 11 6.1 VALUATION METHODOLOGY 11 6.2 LAND VALUATION 11 6.3 CROPS AND TREES 11 6.4 ARAP IMPLEMENTATION AND BUDGET 11 CHAPTER 7: MONITORING AND EVALUATION 13 7.1 Introduction 13 7.2 Monitoring and Evaluation Framework 13 7.2.1ARAP Monitoring Plan 13 7.2.2RAP Monitoring Framework 15 CHAPTER 8: ARAP CONCLUSIONS AND PROVISIONS 16 8.1 CONCLUSIONS 16 8.2 Commitments 17 4 LIST OF TABLES Table 2-1. Summary of Resettlement Impacts 3 Table 2-2: Category of PAPs losing land 3 Table 2-3: Category of PAPS losing Crops and Trees on their Land 3 Table 3-1 Entitlement Matrix 1 Table 4-1 Grievance Redress Steps 5 Table 5-1 ARAP Implementation Schedule 10 Table 6-1 Summary of Impacted parcels of land 11 Table 6-2 Compensation……………………………………………………………………...…..12 Table 6-3 Budget for other ARAP Implementation Commitments…………………………12 Table 7-1 ARAP Monitoring Plan 14 Table 7-2 Internal Monitoring Indicators 15 LIST OF FIGURES Figure 4-1 Grievance Redress Procedure 6 5 CHAPTER 1: BACKGROUND INFORMATION 1.1 Back Ground Information Water and Sanitation Development Project (WSDP) is being implemented with funding from the World Bank (WB) and Government of Kenya. The development objective of the project is to improve water supply and sanitation services in select coastal and north eastern regions in the Republic of Kenya. This objective will be achieved by investing in water supply and sanitation infrastructure in urban centers in coastal counties and two counties in Kenya’s arid northeastern region. The Project will also improve services by strengthening institutional capacity in areas, such as reducing non-revenue water (NRW), improving billing and revenue collection systems, and developing medium-term business plans. In addition, the Project will establish a results-based financing mechanism at the national level to provide incentives to the Water Service Providers (WSPs) to accelerate access to water supply and sanitation services and improve operational and financial performance. 1.2 Project Information The project is being implemented by the Coast Water Works Development Agency (CWWDA) which is a parastatal (Government Owned and Autonomous) created under the Water Act, 2016 and established through a Gazette Notice No. 28 of 26th April 2019. The CWWDA area covers the following six (6) counties in the region: Mombasa, Kwale, Kilifi, Taita-Taveta, Lamu and Tana River. The Coast region covers 83,040 km² out of which 28,450 km² is occupied by Indian Ocean, rivers, lakes, and the national park, while the rest is used for agriculture, settlement and other human activities. In line with the Water Act 2016, the Board does not provide services directly, but through contracted agents or Water Service Providers (WSPs). The Board has contracted seven (7) WSPs to provide water and sewerage services in different areas of the coast zone (Mombasa, Malindi, Kilifi, Kwale, Taita, Lamu and Tana). The Baricho well field is situated in the alluvial flood plain of the Sabaki River, about 3 km northwest of the Baricho waterworks (Kilifi County, Coast Region). Water production can be achieved by fifteen (15) vertical boreholes in two wellfields (Upstream and Downstream), which are located on the southern bank of the Sabaki River. Five (5) boreholes are in the upstream wellfield, and ten (10) boreholes are in the downstream. The boreholes are situated at distances of around 50 m or less from the river, thus the abstracted water is mostly bank filtrate from the river. The raw water is pumped from the boreholes to Baricho WTP, where it is disinfected with Calcium hypochlorite (chlorine) via a gravity dosing system, stored, and then pumped to Mombasa, Kilifi, Malindi and other small towns en-route 1 1.3 Objective of the ARAP The main objective of this ARAP is to identify and provide mitigation measures for social impacts caused by Baricho Well Fields Protections activities to people’s assets and sources of livelihood in Lango Baya. Further, this ARAP provides Project Affected Persons (PAPs) with appropriate compensation for their affected assets at full replacement cost and compensation for affected livelihoods. The ARAP also provides appropriate support to the PAPs identified as vulnerable within the Lango Baya. 1.4 Scope of the ARAP Therefore, the scope of the assignment involved the following tasks: a. Development of ARAP for the PAPs in line with national legislations, WSDP Resettlement Policy Framework and World Bank’s OP 4.12 b. Development of innovative and implementable resettlement options for the PAPs based on existing situation and context of the village. c. Conduction of extensive and in-depth stakeholder consultations with all project stakeholders. d. Proposing an acceptable entitlement matrix to guide compensation and other mitigation actions to PAPs. e. Compilation of an accurate PAP and asset register that is acceptable to the PAPs. 2 CHAPTER 2: PROJECT RESETTLEMENT IMPACTS 2.1 Project Resettlement Impacts The proposed protection works will be undertaken within existing Sabaki River riparian within existing Baricho Well Fields. However, a total of 2.82 acres of land belonging to 12 PAPs at the proposed 6m wide water pipeline route and 10m wide access road corridor routes will be impacted. These PAPs do not have legal titles to the land that they own and on which some of them undertake livelihood activities. CWWDA undertook a due diligence involving the current title holder (Weru Ranch) whose officials confirmed that the ranch land has been subdivided and the process to issue title deeds to the PAPs (and other ranch members) has been initiated. Further verification of ownership involved discussions with the local administration officials (Chief and Assistant Chief) who are responsible for the area in which the affected parcels are located. They too confirmed that the identified PAPs are the rightful owners of the affected parcels. Following this, the CWWDA legal counsel prepared a Tripartite Legal Agreement involving the three parties – the individual PAPs, Weru Ranch and CWWDA. This is the document that will be used as the basis for paying cash compensation to the PAPs, while also ensuring the smooth transfer of titles of the affected parcels to CWWDA as soon as the titles are issues. . The PAPs were sensitized on the tripartite agreement during a public meeting involving them, the Weru ranch officials, the local administration and CWWDA. The sample Legal Agreement is in Appendix 1 of this ARAP. 2.1.1 Total Number of PAPs The proposed protection works will be undertaken within the existing Sabaki River riparian within existing Baricho Well fields. However, a total of 2.82 acres of land belonging to 12 PAPs at the proposed 6m wide water pipeline route and 10m wide access road corridor routes will be impacted. The PAPs included 6 females and 6 males, who include 4 female PAPs who are widows and 2 male PAPs who are elderly. Table 2.1 below summarizes category of losses under this ARAP Table 2-1. Summary of Resettlement Impacts Type of loss No. PAPs loosing less than 20% of Land 12 PAPs loosing trees and crops on their land 12 2.1.2 Impacts on Land There will be no complete or localized displacements, this is because the PAPs own large parcels of land. The nature of impact on land is partial with all the 12 PAPs losing 20% of their land and below as indicated in Table 2-2 below. Table 2-2: Category of PAPs losing land Total PAPs loosing land Women PAPS Losing Male PAPs Vulnerable PAPs Land Losing Male Femal Land e 3 12 6 6 2 4 2.1.3 PAPs Losing Crops and Trees on their Land All PAPs will lose crops and trees which comprise of Maize, Mature Coconut trees, Banana Plants and Mango tree on their land as indicated in Table 2-3 below. Table 2-3: Category of PAPS losing Crops and Trees on their Land Total PAPs losing crops Women PAPS Losing Male PAPs Vulnerable PAPs crops Losing Male Femal crops e 12 6 6 2 4 2.2 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, grievance redress, etc. 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, measures will be required to ensure social distancing and appropriate communication measures. The mitigation measures will be supervised by a communications / stakeholder engagement /social safeguards expert in the project proponent`s team. 4 CHAPTER 3: ELIGIBILITY AND ENTITLEMENT 3.1 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: ● Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost. ● Provide replacement property (e.g. Agricultural 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. ● 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. ● 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. ● 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. 3.2 Eligibility for Compensation and Cut – off date The Project Affected Persons (PAPs) irrespective of their land tenure status are eligible for assistance or compensation if their assets or livelihoods sources will be affected by the Project by the cut-off date set as 30th March 2021. This date, which is the commencement of the PAP Census in the project area was discussed with PAPs and agreed and consequently adopted during the public baraza held on the 30th March 2021 at the Lango Baya Chiefs Offices. The minutes of the meeting are presented in Appendix 2 to this report. 3.3 Income Restoration measures The ARAP aims to enhance restoration of the PAPs’ income streams to pre-project status or even better. Therefore, in addition to compensation for loss of assets and livelihoods this ARAP provides for income restoration measures which will include: ● Training in Financial Management ● Agricultural Capacity Enhancement which will include referrals to agricultural extension officers who will track farmers’ progress and provide information on good practices and new seeds / crops for adoption to enhance improved production. 1 3.4 Entitlement Matrix The entitlement matrix is designed to ensure all eligible PAPs are compensated appropriately depending on the loss incurred. All persons affected by the project and meeting the cut-off date requirements will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights on lost assets and scope of the impacts. The entitlement matrix developed for this assessment is presented in Table 3-1 below: 2 Table 3-1 Entitlement Matrix No. Affected Type of loss Entitled project Entitlement (Compensation Package) Implementation Responsible Ass – issues and organ et Affecte plan of izatio d Action n person s LAND 1 Land Loss of Land Private owners ● Cash compensation for loss of land will ● Verification of CWWDA of land be done at full replacement cost property County Gove ● Payment of additional disturbance ownership rnme allowance at 15 % of the value of the ● Validation of nt property. valuation of Chief ● In consultation with PAPs, notify one property and Local com (1) Month in advance of intention to ● Cash muni use the site. compensation ty ● Right to harvest crops and trees in will be done. addition to compensation Livelihood Restoration Measures ● Financial Management ● Transitional Support- extra compensation to cater for labour and cost of hiring transport at time of harvest. Agricultural Capacity Enhancement which will include referrals to agricultural extension officers who will track farmers’ progress and provide information on good practices Crops and Trees 1 2 Crops and Crops and Private owners ● Cash compensation for lost trees and ● Verification of CWWDA Tre Tree of crops at full replacement cost valued ownership of County es s Crops Gov and at market rate crops and ● Payment of additional disturbance trees ern Trees men allowance at 15 % of the value of trees ● Validation of t and crops valuation of Chief ● Allowed adequate time to harvest the crops and Local crop and trees. trees; and com ● In consultation with PAPs, notify one ● Cash mun . (1) Month in advance to harvest crops compensation ity and trees. will be done. Livelihood Restoration Measures ● Financial Management ● Transitional Support- extra compensation to cater for labour and cost of hiring transport at time of harvest. ● Agricultural Capacity Enhancement which will include referrals to agricultural extension officers who will track farmers’ progress and provide information on good practices Assistance to Vulnerable PAPs 3 Additional support to ● In addition to compensation for land, crops and trees as ● Identification of CWWDA vulnerable PAPs well as the 15% disturbance allowance, vulnerable vulnerable County Gove PAPs will be identified and additional monetary PAPs and offer rnme assistance of Kshs 5,000 one-off transitional allowance of the nt 2 will be provided to them as part of their overall additional compensation payment package. This will be to assist assistance them re-establish livelihood by providing funds required to pay for casual labour at the time of crop harvesting and payment of transport services of the produce at the time of harvesting crops on the land that will be acquired by the Project 3 CHAPTER 4: GRIEVANCE REDRESS MECHANISM 4.1 Grievance Procedure and Rationale A grievance is any dissatisfaction or sense of injustice or unfairness felt by a person in this respect a PAP or his/her representative in connection with his/her compensation entitlements, the ARAP implementation process, the project and other scenarios related to project implementation. Grievance procedures may be invoked at any time, depending on the complaint and on the people involved. Grievances might be triggered due to the following reasons among others: ● Misidentification of assets ● Dispute over the ownership of a given asset (two individuals could claim to be the owners of this asset) ● Disagreement over the valuation of the asset ● Successions, separations, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset. The aim and purpose of this mechanism is to make the grievance handling procedures accessible, prompt and affordable to the PAPs given the generally low values of the properties to be affected, and also provide an alternative to the costly and time-consuming formal court procedures for handling grievances and disputes. The objective of the grievance handling procedure is to establish for the PAPs a mechanism for raising and resolving complaints related to compensation for loss of land, crops, trees other livelihood properties and assets and having such complaints resolved as amicably as possible through acceptable and binding corrective actions. This grievance management mechanism will be in place throughout the Project period, including the exit phase. 4.2 Grievance Redress Tiers The ARAP provided a grievance redress mechanism in a 3-tier arrangement as indicated below ● The first tier will allow for amicable review and will consist of the 12 PAPS, and the Chief, ACC and CWWDA representative who will discuss and agree on amicable resolutions. ● The second tier will involve the RIC (3 PAPS, Chief, ACC and CWWDA representative) in case the grievance cannot be solved at the first level. ● The third tier will be the option of allowing the grieved party to seek redress at the court of law Levels (i), and (ii) are costs free. The legal redress option, however, may incur some costs for the parties involved. 4 4.3 Grievance Redress Steps The procedure of receiving and resolution of complaints is summarized in Table 4-1 below: Table 4-1 Grievance Redress Steps Steps Grievance Redress Steps Details Step 1: Receipt of A verbal or written complaint from a PAP or community member complaint/griev will be received and recorded by the Grievance Redress ance Committee Chairman and date of receipt captured Step 2: Determination The GRC will meet to discuss the grievance raised and of Resolution determine a resolution, feedback will be given immediately. Step 3: Meeting with The GRC will meet the aggrieved person to inform on the the complainant resolution. If resolution is accepted the grievance is considered closed. Acceptance or rejection of the resolution will be documented If resolution is rejected the grievance will be presented in the next level of the redress mechanism Step 4: Implementation If the resolution requires further action from PIT the aggrieved of Resolution person will be informed and action taken within 14 days and feedback given to the grieved person. Step 5: Action by If the complainant remains dissatisfied and a satisfactory Resettlement resolution cannot be reached, the complaint will be Implementation handled by the mediation committee, this committee is Committee made up of the below listed persons. ● One representative of the Administration; - National Government (Assistant County Commissioner) ● One representative of National Administration; - Local Chief ● One representative of CWWDA acting as an observer; ● Three representatives of the affected people, amongst them at least one woman and representative of vulnerable PAPs. This committee must have a quorum of at least three persons. Decisions will be reached by simple majority. The Resettlement Implementation Committee should be constituted for as long as grievances are being lodged. The committee will deliberate and make a resolution which will be communicated to the Chairperson GRC, who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied, the complainant may proceed with judicial process. 5 4.4 Capacity-Building for the Grievance Redress Committees The Grievance Redress Committee members will be trained on their mandate and oriented to the grievance management procedures as outlined in the ARAP 4.5 Grievance Redress Mechanism The grievance redress mechanism flow chart is summarized in figure 4-1 below. Figure 4-1 Grievance Redress Procedure 6 CHAPTER 5: ARAP INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 5.1 Introduction This Section provides details of all agencies and institutions that are involved in the implementation of the ARAP. These organizations are crucial in the ARAP implementation process and are mandated to perform their respective roles and have capacity to undertake their specific responsibilities even though CWWDA safeguards unit will support the overall implementation of the ARAP. 5.2 Project Management at Ministry Level Ministry of Water Sanitation and Irrigation (MoWS&I) will engage other Institutions and Counties on matters and policies relating to the Project, specifically ARAP issues. The MoWS&I will involve the CWWDA on issues pertaining to ARAP budget and World Bank financing. The MoWS&I will also communicate directly with the World Bank on technical issues, ARAP preparation, approvals, disclosure and even ARAP implementation. 5.3 The Project Contact Person (PCP) The Project Contact Person (PCP) is the overall technical coordinator in the implementation of the Project. Other officers in the PIT are the Environmental & Social Safeguards. The Project Contact Person will supervise and coordinate the Project Team and ensure that Project implementation activities and reports are on schedule and in compliance with the financing agreement. 5.4 Project Implementation Team (PIT) at CWWDA The overall coordination of the whole process, from development to implementation and monitoring, is provided by the CWWDA PIT. The team has the following roles: ● Coordinate the effective implementation of the ARAP and ensure compliance with World Bank Policy on Resettlement and GOK laws and guideline on land acquisition ● Prepare Progress Reports on the implementation of the environmental and social safeguards. ● Ensure integration of EMPs and ARAPs into Contract and Bid Documents. ● Ensure adequate community participation. ● The PIT will be responsible for routine implementation and technical austerity of the Project. The PIT will have a Safeguards team. ● The PIT will carry out quality checks and review the ARAP reports before forwarding them to the World Bank Safeguards Specialist. The PIT will also be in charge of actual implementation of the ARAP with assistance from a Resettlement Implementation Committee constituted for the Project. ● Ensure integration of ARAP provision in management of the project 7 5.5 CWWDA ARAP Committee The CWWDA ARAP team will be in charge of overall monitoring and evaluation of the resettlement process. The team will comprise of a Social & Environmental Expert, Project Accountant and Legal Officer The committee roles are as follows: (i) To ensure the list of all PAPs has been verified and documented in the PAPs register. The register shall have, among other parameters the following: ● The name of the person, age, contact and national identification document ● Type of loss (Asset / Livelihood) ● Identification number of the PAP, ● Compensation Amount ● Bank Details of the PAP. (ii) To verify and validate each PAP as stated in the register and ascertain that every identity card holder is correctly documented in the register. (iii) To develop an appropriate framework for delivering the compensation payments to the PAPs in line with government financial management regulations and as much as possible keeping in mind that most PAPs have no bank accounts. In the event that an individual is absent during payment, the compensation team will immediately communicate a new date of issuance of cheques to such PAPs. 5.6 ARAP Implementation Schedule The implementation schedule for this ARAP covers the period from the preparation of the ARAP to the conclusion of the envisaged Project within CWWDA Project Area. This ARAP is structured such that the procedures will be phased to synchronize with the work program of the contractor. The ARAP Implementation Schedule defines the duration and timing of the key milestones and tasks as presented in the entire ARAP, the key milestones and tasks for this schedule include: ● Approval of ARAP report – The ARAP report must be approved by the World Bank and disclosed in the World Bank Info Shop prior to implementation. The report will also be published on the CWWDA website. ● Disclosure of the RAP – Meetings will be organized by CWWDA Project Implementation Team within the affected Project area. During the meetings, a summary of the main findings and recommendations, entitlements, and PAP register will be presented to the community for review and signing of compensation agreements. 8 ● Resolution of emerging grievances - The grievance redress mechanism will allow for resolution of grievance at the local level through the first tier Grievance Redress Committees (GRC). ● Payment of Compensation Funds – After verification of PAPs, the payments will be disbursed as detailed in the ARAP implementation plan detailed in table 9.2 below ● Commencement of Project Civil Works – Handover of site will be made once all ARAP Actions have been finalized . ● Monitoring and evaluation, this will be undertaken throughout the ARAP implementation and project period using ARAP indicators 9 Table 5-1 ARAP Implementation Schedule Actor Period in Months S/. Implementation to begin TASK NAME immediately after approval of RAP 1 2 3 4 5 6 1. Approval of ARAP World Bank Formation of Grievance CWWDA 2. Redress Committees and of the GRC 3. Disclosure of ARAP CWWDA Validation of asset CWWDA, PAPs 4. valuation/values CWWDA, PAPs 5. Grievance Redress GRC Sensitization of PAPs on CWWDA, PAPs bank accounts and GRC use of compensation 6. funds including joint spousal management of cash, GBV in use of Cash Implementation of CWWDA, PAPs, 7. Livelihood GRC Restoration Measures CWWDA, PAPs 8. Payment of compensation GRC, RIC Issuance of notice for crop CWWDA, PAPs 9. and trees harvesting GRC CWWDA, PAPs 10. Monitoring activities GRC 10 CHAPTER 6: VALUATION METHODOLOGY AND BUDGET 6.1 Valuation Methodology In property valuations there are 5 generally accepted methods or approaches to value. These are the Sales Comparison, the Income Capitalization, the Gross Replacement Value Method, the Residual, and the Profits method: The method adopted for this ARAP was the Gross Replacement Value Method (GRVM) that evaluates the current cost of replacing an asset. The approach entails the measuring of the improvements (buildings, site works) to which the appropriate construction costs are applied, resulting in the new replacement (or reproduction) cost. An addition of 15% is added to the value of assets as statutory allowance to cater for disturbance. 6.2 Land Valuation Land Valuation considered the local rates, consulted the local department of land and local land economist for comparison. Therefore, the rate for land acquisition per acre was estimated to be between Kshs 500,000 to Kshs 600,000 per acre. Therefore, a figure of 800,000 per acre was adopted to allow for full replacement cost. 6.3 Crops and Trees Local rates from the State Department of Agriculture was adopted in determining the compensation values for crops. The value for trees was based on the valuation adopted from the local KFS (Kenya Forestry Services) rates, considering the age factor for trees and calculated at full replacement cost. The following figures were adopted: ● Maize Ksh 20,000 per acre, ● Coconut Ksh 15,000 ● Mango tree Ksh 10,000 ● Banana Plants Ksh 1,500 The project shall impact 8 parcels of land which are summarized in Table 6-1. Table 6-1 Summary of Impacted parcels of land NO. PAP REFERENCE NO. SECTION SIZE (acres) IMPACTED (Acres) 1 B01 Upstream 9 0.14 2 B02 7 1.06 3 B03 8 0.46 4 B04 Downstream 2 0.1 5 B05 4 0.37 6 B06 2.5 0.19 7 B07 6 0.38 8 B08 5 0.12 11 6.4 ARAP implementation and Budget All resettlement and compensation entitlements will be settled and concluded prior to commencement of Baricho Wells Protection Works. This ARAP provides a total implementation budget of KShs3,425,484.80 (Three million, Four Hundred and twenty-fiveThousands and four hundred and eighty-four and eighty cents Only) Table 6-1 and Table 6-2 below provide ARAP budget that was determined during preparation of the ARAP report. Table 6-2 Compensation Category of Impact Amount (Kshs) Loss of land 2,256,000 Loss of crops and trees 183,552 Extra Support to Vulnerable PAPs 30,000.00 Disturbance allowances 357, 322.80 Total 2,835,484.80 Table 6-3 Budget for other ARAP Implementation Commitments RAP Commitment Budget in Kshs. Add Livelihood Restoration Measures (Training on 120,000.00 Financial Management, and Agricultural Capacity) Awareness raising and sensitization of PAPs1 50,000.00 Training and Capacity Building for GRM2 70,000.00 Operational & Administrative Costs of ARAP 170,000.00 Committees Monitoring and Evaluation 180,000.00 Sub Total 2 590,000.00 GRAND TOTAL 3,425,484.80 1 Gender Sensitizations and Training, Bank accounts, use of facilitation money etc. 2 The grievance redress committees will require sufficient skills in data management, including data entry and storage. The team will also require sensitization on conflict resolution procedures, such as mediation and reconciliation, and other management areas such as record-keeping, report-writing. 12 CHAPTER 7: MONITORING AND EVALUATION 7.1 Introduction Monitoring and Evaluation (M&E) procedures establishes the effectiveness of all resettlement activities, in addition to the measures designed to mitigate negative environmental and social impacts. The procedures include internal track-keeping efforts, and final completion audit. The purpose of resettlement monitoring for the Project is to verify that: i. Actions and commitments described in the ARAP are implemented; ii. Eligible PAPs receive their full compensation iii. ARAP actions and compensation measures have helped the people in restoring their lost incomes and in sustaining pre-project living standards and better; iv. Complaints and grievances lodged by PAPs are resolved. v. Changes in ARAP procedure are made, to improve delivery of entitlements to PAPs. The World Bank operational policy (OP 4.12) states that the project proponent is responsible for adequate M&E of the activities. Monitoring and evaluation activities and programs will be adequately funded and staffed. Accordingly, the primary responsibility for monitoring rests with CWWDA PIT which already has social safeguards team who will work in collaboration with the RIC, GRC and other project stakeholders. 7.2 Monitoring and Evaluation Framework 7.2.1 ARAP Monitoring Plan The ARAP monitoring plan and framework involves: Internal Monitoring, External Monitoring and Completion Audit as indicated below. 13 Table 7-1 ARAP Monitoring Plan Componen Type of Source of Responsibilit Frequency/ t Informati Informati y for Audience of Acti on/ on/ Data Reporti vity Data Collected Data collection Collect ng Methods ion, Analys is and Report ing Internal Measurement of Monthly and CWWDA Monthly and Mon ARAP quarterly PIT/RI Quarterl itori monitorin ARAP C y Report ng g impleme indicator ntation s against reports the implemen tation schedule. External Assessment of Quarterly or CWWDA Quarterly Mon PAPs semi-an Social Report itori satisfacti nual safegu ng on surveys ards compens and ation for Regular RIC or the meeting GRC affected s and assets other and consulta livelihood tion with sources people affected by the project; review of grievanc e mechani sm outputs Completio Measurement of External Contracted On completion n output monitori extern of the Aud indicator ng by al ARAP it s such as other auditin time productiv stakehol g and table 14 ity gains, ders , evaluat livelihood indepen ion restoratio dent agency n, and surveys/ developm scoping ental for impact social against and baseline economi c performa nce in consulta tion with affected persons 15 7.2.2 RAP Monitoring Framework The Table 7-2 below shows internal monitoring indicators that will be checked during internal performance monitoring by CWWDA: Table 7-2 Internal Monitoring Indicators Activity/Parameters Indicators Compensation and ● Number of PAPs promptly paid disaggregated by Livelihood gender restoration ● Amounts of payments made to PAPs ● Number of PAPS with restored livelihood enterprises ● Use of compensation cash ● Number of PAPs with improved livelihoods Vulnerability ● Status of vulnerable PAPs (improved or worse) Community participation ● Number of local consultative meetings held and public ● Type of issues raised at public consultation engagement meetings ● Number of participants attending public consultation meetings related to loss of assets disaggregated by gender Gender Concerns ● Participation of women and men in trainings ● Number of cases of GBV Grievance Redress ● Number of grievances received and registered ● Number of grievances resolved promptly (within the duration allowed in the grievance redress mechanism) ● Number of outstanding grievances not resolved ● Average timelines for resolution of grievances disaggregated by the various levels of grievance redress mechanism/institutions ● Number of grievances referred to Level 3 (Courts of Law) ● Number of complaints referred to World Bank 16 CHAPTER 8: ARAP CONCLUSIONS AND PROVISIONS 8.1 CONCLUSIONS The proposed protection works will be undertaken within the existing Sabaki River riparian within existing Baricho Well fields. However, a total of 2.82 acres of land belonging to 12 PAPs at the proposed 6m wide water pipeline route and 10m wide corridor and pipeline route will be impacted. All the 12PAPs are cultivating hence will experience loss of livelihood associated with farming, who include 6 female PAPs and 6 male PAPs. There will be no complete or localized displacements, this is because the PAPs own large parcels of land out of which less than 20% will be acquired for the Project, and the remaining portion of their land will still be viable. The activities necessary for effective and meaningful consultations 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. The activities may take the form of one –on –one or onsite presence in the community, large gatherings and long duration of engagement sessions. To minimize the risk of spread of COVID-19 amongst community members, the following measures will be required to ensure social distancing and appropriate communication measures. The mitigation measures will be supervised by a social safeguards expert in the project proponent’s team: ● One on one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ● Avoid congregation of more than 15 community members at one location. Where more than one person are gathered, maintain social distancing of at least 2 meters; ● The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; ● Ensure and allow participants to provide feedback and suggestions during meetings ● Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. 17 8.2 Commitments in order to ensure effective implementation of the ARAP and lead to the smooth commencement of the project, the below listed commitments will be undertaken by CWWDA. ● CWWDA will compensate all the Project Affected Persons according to provisions of this ARAP including the budget for compensation and timelines as per the implementation schedule. ● CWWDA will ensure Grievances raised are addressed and resolved on a timely manner during implementation of the ARAP as provided by the GRM. ● CWWDA will promptly compensate all the vulnerable persons enumerated in this ARAP in accordance with the provisions of the entitlement matrix ● To undertake monitoring and evaluation to ensure compliance to national laws and regulations and safeguard policy. 18 Appendix 1 - Sample Legal Agreement Appendix 2 - Approach and Methodology FlowChart & Asset Inspection Sheet Appendix 3 - Minutes and List of Attendance to Consultative Meetings Appendix 4 - Cut-Off Date Disclosure Appendix 5 - Grievance Register Form Appendix 6 - Map of Affected Land Appendix 7 – Asset Register & Valuation Roll – (presented separately) 19 Appendix 1 - Sample Legal Agreement DATED 20…. WERU GROUP RANCH - and - NAME OF SELLER - and – COAST WATER WORKS DEVELOPMENT AGENCY ________________________________________________ WATER AND SANITATION DEVELOPMENT PROJECT (WSDP) CONSTRUCTION OF BARICHO WELLFIELD PROTECTION WORKS TRIPARTITE AGREEMENT FOR PURCHASE OF LAND CREDIT NO. 6030-KE ________________________________________________ 20 AGREEMENT FOR PURCHASE OF LAND THIS TRIPARTITE AGREEMENT IS MADE the day of Two Thousand and Twenty One. (1) WERU GROUP RANCH ……………………………………………………………………………. (hereinafter called “the Ranch” which expression shall where the context so admits include its successors and assigns) of the first party; (2) _______________ holder of national Identity card number ………………………….. of Post Office Box Number ………………….., in the Republic of Kenya (hereinafter called “the SELLER” which expression shall include and extend to the Seller’s personal representatives, heirs and assigns) of the second party; and (3) COAST WATER WORKS DEVELOPMENT AGENCY is a parastatal (Government Owned and Autonomous) created under the Water Act, 2016 and established through a Gazette Notice No. 59 of 26th April 2019, whose address is Post Office Box Number 90417-80100 Mombasa aforesaid (hereinafter called “the Purchasing Entity” which expression shall where the context so admits include its successors and assigns) of the third party). WHEREAS:- A. The Weru Group Ranch is registered as the proprietor of KILIFI/WERU/20. B. Pursuant to an Agreement dated ……………………..and the Minutes of the meeting held on…………………………., and the letter dated 5th May 2010, the Weru Group Ranch voluntarily agreed to -transfer the Property to the following Ranch members ( herein referred to as “the Sellers”)…………………………………………………………………………………………………… C. The Ranch consented to the partial subdivision of Block KILIFI/WERU/20 so that the same could be transferred to the members. D. The Seller by virtue of being a member to the Ranch is herein the bonafide owner and or Proprietor of……………………………………………..(the Property). 21 E. The Ranch further confirms that they do not lay any claim whatsoever on the Property and the Seller is free to proceed to use and transact over the Property. F. The Seller herein now agrees - in consideration of receiving a Purchase Amount in this voluntary open market purchase of land transaction - to allow the Purchasing Entity to acquire the following portion of land, measuring……………………………, Subdivision………………….(referred to as “the Property”); for purposes of Construction of Baricho Wellfield Protection Works. G. The Purchasing Entity has agreed to pay Kenya Shillings …………………………………………………………………. (Purchase Amount) in the purchase (acquisition) of the Property. H. The interest being purchased (acquired) is freehold. NOW THIS AGREEMENT WITNESSETH as follows: - 1. The Purchase Amount: The Purchasing Entity shall pay the Seller a purchase amount for the Property in the sum of Kenya Shillings ___________ Only (Kshs._________/=) (the “Purchase Amount”) within sixty (60) days from the date of signing this Agreement. 2. Payment of the Purchase Amount The Purchasing Entity shall transfer to the Seller the Purchase Amount through the following account: ACCOUNT NAME: BANK NAME: BRANCH: ACCOUNT NUMBER: SWIFT CODE: BANK CODE: BRANCH CODE: 3. Completion Date The completion date shall be within sixty (60) days from the date hereof (“the Completion Date) or such other date as may be agreed by the parties in writing. 4. Possession Vacant Possession of the property shall be handed over to the Purchasing Entity on the Completion Date. 22 5. No Encumbrances The Property is sold subject to the Acts, Covenants, Conditions and Stipulations as more particularly set out in the documents of title relating to the Property but otherwise free from any mortgage, charge, lien or encumbrances. 6. Registration The Purchasing Entity shall submit the transfer together with all the other Completion Documents for registration. Time shall be deemed to be of the essence for all the purposes of this Agreement. 7. Completion Documents The Seller shall be deemed to have fulfilled their obligations under this Agreement if on or before the Completion Date, the Seller delivers the following documents i. The Agreed proof of ownership ii. Survey Plan allocating the Property iii. Duly executed but undated transfer in favour of the Purchasing Entity iv. The relevant Land Control Board consents to transfer the Property v. Three (3) passport sized photograph of the Seller vi. Valid Land Rates/Rent Clearance Certificates vii. A copy of the Seller’s I.D. and PIN certificate; and viii. All such other documents relating to the Property in the Seller’s possession that the Purchasing Entity may need 8. The SELLERs warrant to the Purchasing Entity that: 8.1.1 the Property is not on a buffer zone, road reserve or public land and its ownership thereof is not subject to any challenge whatsoever from the Government of Kenya, any local authority or any third party whatsoever. 8.2 The Seller has the necessary power and authority to sell the Property on the terms and conditions set out in this Agreement; 8.3 There is no law or decree or similar enactment binding on it so far as it is aware and no provision and indenture, trust deed, contract or agreement binding the Seller from affecting the Seller assets which would conflict with or prevent the Seller from entering into or performing and observing the terms of this Agreement; 8.4 the Seller is not engaged in nor to the best of the Seller’s knowledge threatened by any litigation, arbitration or administrative proceedings relating to the Property; 8.5 there is no adverse claim on the Property, dispute regarding ownership, boundary, easement, rights of way or any other such matters; 23 8.6 the Seller has not given any rights of way, easement or any overriding interest and has no intention of so doing; 8.7 the Seller has to the best of the Seller’s knowledge disclosed to the Purchasing Entity all material information relating to the Property; 8.8 the Seller has not received any notice from government or municipal authority or from owners of adjoining property which remain to be complied with and has disclosed all such notices received to the Purchasing Entity; and 8.9 the Seller will immediately disclose in writing to the Purchasing Entity any event or circumstance which may arise or become known to the Seller after the date of this Agreement and prior to Completion which is inconsistent with any of the warranties or which had it occurred on or before the date of this Agreement would have constituted a breach of the warranties or which is material to be known by a Purchasing Entity for value of the Property. 9. Condition of the Property The Purchasing Entity agrees and confirms that: - (i) it has inspected the Property and acquire the same with full knowledge of its actual state and condition and shall take the Property as it stands. The Seller shall therefore not be required to make any improvements thereon. (ii) it has entered into this Agreement solely as a result of its own survey and inspection as aforesaid and on the basis of the terms of this Agreement and not in reliance upon any warranty representation or confirmation either written or oral or implied or made by or on behalf of the Seller; and 10. Costs The Purchasing Entity shall meet the costs of stamp duty and registration fees on the Transfer. 11. Waiver No failure or delay by the Seller or the Purchasing Entity in exercising any claim, remedy, right, power or privilege under this Agreement shall operate as a waiver nor shall any single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereof or the exercise of any other claim, right or power. 12. Survival Save with regard to matters which require to be fulfilled and are in fact fulfilled prior to or at the Completion Date, this Agreement shall continue to be in full force and effect. 13. Remedies Cumulative 24 Any remedy or right conferred upon the Seller or the Purchasing Entity for breach of this Agreement including the right of rescission shall be in addition to and without prejudice to all other rights and remedies available to them. 14. Amendment No amendment to this Agreement shall be effective unless signed in the same manner as this Agreement. 15. Notice Any notice to be given to any party to this Agreement shall be in writing and shall be deemed to be duly served upon hand delivery to the physical address, email or any other acceptable mode of service. 16. Dispute Resolution 16.1.1 Should any dispute arise between the Parties with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the Parties shall in the first instance attempt to resolve such dispute by amicable negotiation. 17.2.2 Should such negotiations fail to achieve a resolution within Twenty-One (21) days, either Party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to arbitration under the following terms: - 17.2.1 such arbitration shall be resolved in accordance with the provisions of the Kenyan Arbitration Act 1995 (as amended from time to time); 17.2.2 the tribunal shall consist of one arbitrator to be agreed upon between the Parties failing which such arbitrator shall be appointed by the Chairman for the time being of Chartered Institute of Arbitrators of Kenya upon the application of either Party; 17.2.3 the award of the arbitration tribunal shall be final and binding upon the Parties to the extent permitted by law and either Party may apply to a court of competent jurisdiction for enforcement of such award; and 17.2.4 notwithstanding the above provisions of this clause, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the Arbitrator. 17.2.3 The fees for arbitration shall be borne by the both parties equally unless otherwise awarded by the Arbitral Tribunal. 17. Entire Agreement This Agreement contains the whole agreement and understanding between the Parties relating to the transaction provided for in this Agreement and supersedes 25 all previous agreements (if any) whether written or oral between the Parties in respect of such matters. NAME OF SELLER ) in the presence of (NAME):- ) ) ) ) ) WITNESSED BY: ) (NAME WERU GROUP RANCH ) OFFICIAL): ) SEALED with the Common Seal of ) COAST WATER WORKS ) DEVELOPMENT AGENCY in the ) presence of:- ) ) ) ) ) ) CHIEF EXECUTIVE OFFICER ) ) ) ) ) ) ) CORPORATION SECRETARY ) 26 Appendix 2 - Approach and Methodology Flow Chart & Asset Inspection Sheet 27 Appendix 3 - Minutes and List of Attendance to Consultative Meetings MINUTES OF PUBLIC PARTICIPATION FORUM HELD ON THE 30TH MARCH 2021 AT LANGO BAYA ASSISTANT CHIEF’S OFFICE. PRESENT: Local Administration Emmanuel Karisa Baya Chief Lango Baya Location Fredrick Chembe Charo Assistant Chief Lango Baya Sub Location Coast Water Works Development Authority Representative. Patrick Syengo Kaluva CWWDA Consultant Eng Patrick Wambuki Engineer Obra Mmaitsi Environmentalist Residents, Village Elders and Nyumba Kumi Representatives of Lango Baya Location - see attached list KEY PROJECT DATA Client/Employer Coast Water Works Development Agency (CWWDA) Financing Agency World Bank MINUTES Item Minutes Action By 1. Introduction The meeting was called to order by the Assistant Chief Lango Baya sub Location at 10.00 AM and a word of prayer done by a Village Assistant Chief elder who was in attendance. The Assistant Chief welcomed the Lango Chief Lango Baya Location to address the meeting. Baya Sub location The Chief thanked residents who had created time to attend the meeting despite their busy schedules and short notice. He informed residents that Public Barazas were not yet open due to the Covid 19 Pandemic however, meetings touching on development could still be conducted under strict adherence to guidelines put in place by the Ministry of Health (MOH). The Chief reiterated the fact that Corona was still around and it was deadly. Residents were encouraged to avoid crowded places including entertainment joints where social distance is hard Chief Lango Baya to be attained. He also discouraged residents who were still Location organizing funeral night vigils to stop it immediately, owners of music system used in such vigils were warned that if found the equipment will be confiscated and destroyed. The chief then welcomed CWWDA representative to give his remarks. 28 CWWDA representatives thanked residents in attendance. He informed them that the proposed project was to do protection works around the boreholes within Baricho well field in order to prevent soil erosion in the event of heavy rains like the ones experienced in the year 2018. He later invited Eng. Patrick Wambuki to share more information CWWDA about the proposed project. Represent ative. 2. Project Information Eng. Patrick Wambuki informed residents that the proposed project is world bank funded, the project client is Coast Water Works Development Authority that is under the ministry of Water and Sanitation. Eng. Patrick He further Informed them that the proposal was to do protection Wambuki – works around the boreholes within Baricho well field both up Consultant and downstream. The protection works entails raising of the Represent borehole chamber wall this will prevent water ponding in the ative. chambers in the event a flood occurs, there will also be extension of the gabions around the boreholes to reduce soil erosion that might lead to destruction of the boreholes and finally there will be raising of the access road leading to downstream boreholes. He welcomed the Environmentalist Mr. Obra Mmaitsi to address residents regarding environmental impacts and mitigation. 3. Environment and Social Safeguard Report The consultant environmentalist representative Mr Obra Mmaitsi informed the meeting that they were going to prepare Environmental and Social Impact Assessment Report (ESIA) that will capture all the environmental and social impacts of Obra Mmaitsi the project and provide mitigation measures. They were Environmentalist assured that all their opinions and concerns will be captured in the report so as to ensure the Project is acceptable by the community and also sustainable development is achieved. 4. Resettlement Action Plan (RAP) Residents were also informed that the project is planned to majorly be within the well field land however minor land extension Obra Mmaitsi might be necessary in order to fully protect the boreholes. Environmentalist Residents whose land will be affected will be identified all their assets including crops, trees and structures captured and valued for compensation purposes. 5. Question and Answer Session After discussion summarized above, the community were invited to a question and answer session under the guidance of the Assistant chief. Detailed questions and suggestion of the plenary session are presented in Table 1 below Table 1: Plenary Session Suggestion / Question Response Mrs. Mwanakombo The meeting was informed that 29 wanted to know compensation is normally done what will happen in terms of land, crop, trees and Obra Mmaitsi in a scenario structures. If tenants are Environmentalist where the farming on the affected parcel affected land has of land they will be tenants farming compensated separately from on it will they be the land owner. compensated for their crops. Mr. Franklin wanted to Residents were informed that all know if the unskilled labour and some Obra Mmaitsi contractor will skilled labour will be sourced Environmentalist source for from the local community. workforce within Youths were encouraged to the community organize themselves into where the works groups and avail themselves will be for consideration. implemented. Engineer Patrick Samson Siri wanted to Residents were informed that projects Wambuki know what will are not supposed to destroy happen to people sources of livelihood of the who were community therefore those pumping water doing farming using pumped from the river to water from the river will be irrigate their given an allowance to pass farms. He wanted their pipes and continue clarification if the farming. If some pipelines are pipes will be destroyed during construction, damage or the contractor will reinstate. Obra Mmaitsi blocked by the Environmentalist proposed project. Mr. Mwalimu Siri wanted Residents were informed that they to know if there were the ones to suggest what will be any they would like to be done for Cooperate Social them as part of CSR. It was Responsibility agreed that they can suggest (CSR) that will be three projects so that the client implemented can take the issue up and under the project implement the most feasible one if possible. Mr. Gilbert Mwaringa Residents were informed that before wanted to know payments are done there will be how consultations that will include compensation the chief’s office to identify the for land will be rightful owner of the property. done and yet most of the residents did not have title deeds. Mrs. Rehema Said Residents were informed that the wanted to know consultant will form a what will be done Grievance Redress Committee to ensure errors (GRC) comprising of youth, that occurred women, Vulnerable groups and during the People living with disability previous representatives that will work compensation with the local administration to process of ensure real time resolution of 30 people around emerging issues during the the well field are entire period of project avoided. implementation. 6. Closing Remarks The area assistant chief assured the consultant that the youth within his area will avail themselves during project implementation period. He requested that remuneration for the employed youth should be revised upwards since the cost of living Assistant Chief currently is high. Lango He further assured the consultant that they welcome the project and Baya Sub that they will offer all the necessary support. Location. There being no Any Other Business, the meeting adjourned at 12 noon by a word of prayer. 31 32 SAMPLE PHOTOS OF THE MEETING Chief Lango Baya Location Addressing residents. Lango Baya Assistant Chief addressing residents. CWWDA representative addressing residents Engineer Patrick Wambuki Explaining Scope of works to residents. Residents following the meeting proceedings. A resident asking questions. ATTENDANCE LIST- LANGO BAYA LOCATION RESETTLEMENT ACTION PLAN FOR BARICHO WELL FIELD PROTECTION WORKS. MINUTES FOR PAPS CONSULTATIVE FORUM HELD ON THE 11TH OCTOBER 2021 AT LANGO BAYA ASSISTANT CHIEF’S OFFICE. PRESENT: Local Administration Fredrick Chembe Charo Assistant Chief Lango Baya Sub Location Consultant Eng Patrick Wambuki Engineer Obra Mmaitsi Environmentalist Collins Juma Sociologist Phoebe Mburu Surveyor PAPs and Village Elders of Lango Baya Location - see attached list KEY PROJECT DATA Client/Employer Coast Water Works Development Agency (CWWDA) Financing Agency World Bank MINUTES Ite Minutes Action By m 1. Introduction The meeting was called to order by the Assistant Chief Lango Baya sub Location at 10.00 AM and a word of prayer done by a Village elder who was in attendance. Assistant Chief Lango Baya Sub The Assistant Chief thanked residents who had created time location to attend the meeting despite their busy schedules and short notice. He informed residents that Public Barazas were not yet open due to the Covid 19 Pandemic however, meetings touching on development could still be conducted under strict adherence to guidelines put in place by the Ministry of Health (MOH). He later invited Eng. Patrick Wambuki to share more information about the proposed project. 2. Project Information Eng. Patrick Wambuki informed residents that the proposed project is world bank funded, the project client is Coast Water Works Development Authority that is under the ministry of Water and Sanitation. Eng. Patrick He further Informed them that the proposal was to do Wambuki – Consultant protection works around the boreholes within Baricho well field Representative. both up and downstream. The protection works entails raising of the borehole chamber wall this will prevent water ponding in the chambers in the event a flood occurs, there will also be extension of the gabions around the boreholes to reduce soil erosion that might lead to destruction of the boreholes and finally there will be raising of the access road leading to downstream boreholes. He welcomed the Environmentalist Mr. Obra Mmaitsi to address residents regarding Resettlement Action Planning. 3. Resettlement Action Plan (RAP) Residents were informed that the project is planned to majorly be within the well field land however minor land extension might be necessary in order to fully protect the boreholes. Residents whose land will be affected will be identified all their Obra Mmaitsi assets including crops, trees and structures captured and Environmentalis valued for compensation purposes. t This process will be open and transparent to ensure all PAPs are aware of their affected land sizes and all other assets like trees and crops. The objective of conducting a transparent exercise is to ensure no conflicts arise within family members caused by project implementation. 4. Question and Answer Session After discussion summarized above, the community were invited to a question and answer session under the guidance of the Assistant chief. Detailed questions and suggestion of the plenary session are presented in Table 1 below Table 1: Plenary Session Suggestion / Question Response A resident wanted to know Residents were informed that before how compensation for land payments are done there will be will be done and yet most consultations that will include the chief’s of the residents did not office to identify the rightful owner of the have title deeds. property. Obra Mmaitsi A resident wanted to know Residents were informed that all unskilled Environmentalis if the contractor will source labour and some skilled labour will be t for workforce within the sourced from the local community. Youths community where the were encouraged to organize themselves works will be implemented. into groups and avail themselves for consideration. Obra Mmaitsi Environmentalis t 5. Closing Remarks Assistant Chief The area assistant chief informed all residents to go to their Lango Baya Sub respective parcels of land for enumeration to commence. Location. There being no Any Other Business, the meeting adjourned at 12 noon by a word of prayer. SAMPLE PHOTOS OF THE MEETING Eng Patrick Addressing residents. Lango Baya Assistant Chief addressing residents. 40 A resident asking questions. 41 ATTENDANCE LIST- LANGO BAYA LOCATION MINUTES CERTIFICATION Assistant Chief Lango Baya Sub Location Name………Fredrick Chembe Charo Date ……11th October 2021 Signature…………………………………………………………………………………… … Consultant’s Representative Name…Patrick Wambuki Date ……11th October 2021 42 Signature…………………………………………………………………………………… … RESETTLEMENT ACTION PLAN FOR BARICHO WELL FIELD PROTECTION WORKS. MINUTES FOR PAPS CONSULTATIVE FORUM HELD ON THE 3rd NOVEMBER 2021 AT BARICHO WATER WORKS OFFICES. PRESENT: Hesbon Kajimbi Chief , Lango Baya Location Fredrick Chembe Charo Assistant Chief Lango Baya Sub Location Eng Patrick Wambuki Consultant Haji Massa CWWDA Hope Makalo Joyce Mutinda PAPs - see attached list KEY PROJECT DATA Client/Employer Coast Water Works Development Agency (CWWDA) Financing Agency World Bank MINUTES Ite Minutes m 6. Introduction The meeting was called to order by the Assistant Chief Lango Baya sub Location at 11.00 am and a word of prayer done by one of the PAPs who was in attendance. The Assistant Chief thanked the PAPs who had created time to attend the meeting despite their busy schedules and short notice. He informed PAPs to maintain Covid 19 Pandemic protocols by the Ministry of Health (MOH). Eng. Patrick Wambuki welcomed all present and invited CWWDA staff to participate in the meeting. 43 Mr. Haji informed the meeting that this was a follow up of the previous meetings and that the issue of compensation for the land and crops that shall be affected by the project is at advanced stage. He requested all those that shall be affected to open bank account for the purpose of receiving the compensation money when it comes. He further informed them that the list of farmers to be compensated had indicated that there were some PAPs who had passed on and leaving behind widows and children who shall receive compensation. It was then important for each family to decide who would receive compensation and how much each would receive. This was agreed to be agreed in the respective family private meetings witnessed by the assistance chief. The following are notes at family meetings with each of the three families where the male landowner is dead and has left behind more than one widow (B01 and B03) or the land was jointly owned by two brothers but one brother is dead, leaving behind a son (B3) 7. Charo Kiboko Family (Asset Register PAP reference no. B02) attendants Name Relation ID no. Kayerii Charo Kiboko Son 4582441 Bendera Charo Kiboko Window 4582442 Kadii Charo Kiboko window 4582412 It was reported that Mr Charo Kiboko had passed on and left 3 widows, two are alive and the third one who had since died was represented by his son Kayeri Charo Kiboko. It was agreed that the compensation for both land and crops, trees and maize shall be split into 3 and each widow/representative to receive equal share. The widows shall receive additional cash due their vulnerability. The family represented by Kayeri Charo Kiboko the son to one of Charo kiboko’s widow who had since passed on shall take care of the siblings in sharing /utilising the compensation fairly 8. Wanje Nyale Nyache Family (Asset Register PAP reference no. B03) Name Relation ID no. Wanje Nyale Nyanje Father 4582409 Edward Nyale Wanje Son 32214786 Kasungu Wanje son 26182447 Joseph Changawa Wanje son 28823915 Erickson Wanje son 34490116 Nyale Wanje son 11789165/14 It was reported that the land belongs to two brothers but one was dead, however, his son was in the meeting (Nyale Wanje). It was agreed that compensation on land shall be split into equal parts and paid to both Mr. Nyale Wanje and Mr.Wanje Nyale Nyanje while the amount for crops and trees shall be paid to Mr.Wanje Nyale Nyanje plus the additional amount due to his vulnerability (elderly) 9. Kadenge Mwachanze Family (Asset Register reference no. B01) Name Relation ID no. 44 Harusi Kandenge widow 1314662 Kadzo Kadenge Widow 3890878 It was agreed that both widows shall receive equal portions of the compensation for land, crops and trees plus the additional amount due to their vulnerability. 10. Question & Answer session Qn1. Is any bank ok to open an account for the payment or must it be a specific bank? A. Any bank is ok. KCB is the bank for CWWDA accounts. To minimise time of cheque maturity KCB is preferable. Q2. Can the payment be made through M-Pesa instead of through cheque? A. For record purposes M-Pesa is not acceptable but cheque system. Q1. If I have an account as the son can the payment be made to me? A. If the parent has the ability to make transactions, then payment to any other person is not acceptable. However, the parent can give written consent witnessed by the Area Chief if he/she so wishes. But this is not encouraged. 11. Closing Remarks Mr Haji Masa Thanked the assistant chief for agreeing to participate in the meetings and his wise advice to all. There being no Any Other Business, the meeting adjourned at 1.05pm. MINUTES CERTIFICATION Assistant Chief Lango Baya Sub Location Name…Fredrick Chembe Charo Date … 3rd November 2021 Signature……………… Consultant’s Representative Name…Patrick Wambuki Date …3rd November 2021 Signature…………………… 45 ATTENDANTS LIST 46 Photo of attendants as meeting progressed 47 48 RESETTLEMENT ACTION PLAN FOR BARICHO WELL FIELD PROTECTION WORKS. MINUTES FOR PAPS CONSULTATIVE FORUM HELD ON THE 17th NOVEMBER 2021 AT BARICHO WATER WORKS OFFICES. PRESENT: Fredrick Chembe Charo Asst. Chief , Lango Baya Location Haji Massa CWWDA Jonathan Mwamvula Joyce Mutinda PAPs - see attached list KEY PROJECT DATA Client/Employer Coast Water Works Development Agency (CWWDA) Financing Agency World Bank MINUTES Ite Minutes Action By m 1. Introduction Mr. Haji called the meeting to order at 2:45pm. and CWWDA requested a member to offer an opening prayer. He welcomed the members and introduced the meeting’s agenda as to issue compensation pay slips to the project affected persons. He reminded the PAPs that the objective of the project is to bring more benefits than negative impacts to all. The PAPs were also reminded that the compensation was expected to enhance family cohesiveness rather than bring animosity within the families. 2. The PAPs were issued with their individual pay slips and CWWDA those who needed clarification on affected properties , rates, calculations and the shared compensation for families with more than one PAP were assisted to understand 49 3. It was confirmed that the PAPs had not yet opened personal CWWDA Bank Accounts. CWWDA promised to liaise with the banks PAPs and the area chief to assist them. 4. Question & Answer session Q. How soon shall we get the payment, before or after festive season.? A. The remaining steps are that agreement forms will be brought for your signature and those of the relevant CWWDA witnesses. You will be required to attach photocopies of national ID card, after which collection of the signed forms will be done for payment voucher preparation once the report is approved by the World Bank. Payment voucher preparation to issuing of cheques is expected to take not more than two weeks. 5. Closing Remarks ALL Mr Haji Masa thanked the PAPs for participating in the meetings and encouraged continued cooperation throughout the project implementation period. There being no Any Other Business, the meeting adjourned at 3.30pm. MINUTES CERTIFICATION Asst Chief Lango Baya Sub Location Name……Fredrick Chembe Charo Date ……17th November 2021 Signature…… CWWDA Representative Name…Haji Massa Date …17th November 2021 Signature………… 50 ATTENDANCE LIST- BARICHO WATER WORKS 51 52 Photo Gallery PAPs being Issued with Compensation Pay Slips 53 Sample Compensation Pay Slip Contract Name: BARICHO WELLFIELD PROTECTION WORKS Contract No. KE-CWWDA-87234-CS-QCBS Name of PAP: ID No. Tel. No. Gender: F/M Location: Langobaya Affected Property/ Quantit Amount Plant/ Crop y Kshs Land Acre     Maize Plants Acre     Coconut Trees number Mango Trees number Banana Plants number 15% Disturbance       Vulnerability     Total Amount   54 Appendix 4 - Cut-Off Date Disclosure Coast Water Works Development Agency Contract Name: Consultancy Services for Preparation of Detailed Designs, Tender Documents, Environmental and Social Impact Assessment Report (ESIA) and Construction Supervision of the Baricho Well-Field Protection Works ABBREVIATED RESETTLEMENT ACTION REPORT (ARAP) DISCLOSURE OF CUT-OFF DATE This is to notify all interested persons in the above referenced Project that the cut-off date for enumeration of assets and sources of livelihood for proposed Baricho Well-Field Protection Works was established to be 30th March 2021 Therefore, any asset or livelihood source established after this date will be ineligible for compensation. CHIEF EXECUTIVE OFFICER COAST WATER WORKS DEVELOPMENT AGENCY 55 56 Appendix 5 - Grievance Register Form Grievance Form Grievance Number Copies to forward to: Name of the Recorder (Original)-Receiver Party Sub-County (Copy)-Responsible Party Date INFORMATION ABOUT GRIEVANCE Define The Grievance: INFORMATION ABOUT THE COMPLAINANT Forms of Receive Name-Surname □Phone Line Telephone Number □ Community/ Information Meetings Address □ Mail Village □ Informal Sub-County □ Other Signature of Complainant DETAILS OF GRIEVANCE 1. Access to 2. Damage to 3. Damage to 4. Decrease or 5. Traffic Land Infrastructure or Loss of Accident and Resources Community Livelihood Assets a) House a) Agriculture a) Injury a) Fishing grounds b) Land a) Road/Railway b) Animal b) Damage to b) Lands c) Livestock b) Bridge/ husbandry property c) Pasturelands d) Means of Passageways c) Beekeeping c) Damage to d) House livelihood c)Power/Telephon d) Small scale livestock e) Commercial site e) Other e trade d) Other f) Other Lines e) Other d) Water sources, canals and water infrastructure for irrigation and animals e) Drinking water f) Sewerage System g) Other 6. Incidents 7. Resettlement 8.Employment 9. Construction 10. Other Regarding Process and Camp (Specify) Expropriation (Specify) Recruitment and Community and (Specify) Relations Compensation a) Nuisance from dust (Specify) b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the project personal/worker e) Complaint follow up f) Other GRIEVANCE Comment RESOLUTION 57 58 Appendix 6 Map of Affected Land Downstream Wellfield Upstream well Field 59 Appendix 7 Valuation Roll / assets register 60