KIGORO-NGETHU SECTION RAP REPORT VOLUME 1 000987 January 2018 NORTHERN COLLECTOR TUNNEL PROJECT RESETTLEMENT ACTION PLAN UPDATE FOR KIGORO-NGETHU TREATED WATER PIPELINE CONTENTS Chapter Description Page EXECUTIVE SUMMARY i 1 INTRODUCTION 1-24 1.1 Project Location 1-24 1.2 Project Components Necessitating Resettlement 1-26 1.2.1 Description of the Project Components 1-26 1.2.2 Land Take for the Pipeline Structures 1-26 1.2.3 Temporary Land Acquisition for the Construction Phase 1-26 1.3 Identification of Project Affected Persons 1-26 1.4 Objectives of the RAP 1-27 1.5 RAP Study Methodology 1-27 1.5.1 Desk Study 1-27 1.5.2 Determination of the Project Footprint 1-28 1.5.3 Community Sensitisation Meetings 1-28 1.5.4 Census 1-28 1.5.5 Socio-economic Baseline Survey 1-29 1.5.6 Data Analysis 1-29 1.5.7 Basis of valuation 1-29 1.6 Emerging Issues after Submission of the RAP Report 1-30 1.6.1 Initial Versions of the RAP Report for the Project 1-30 1.6.2 Update of the Kigoro-Ngethu Section of the RAP Report 1-30 2 POLICY AND LEGAL FRAMEWORK 2-1 2.1 Policy Framework 2-1 2.1.1 National Land Policy 2-1 2.1.2 World Bank Operational Policy on Involuntary Resettlement-O P 4.12 2-2 2.1.3 World Bank Policy on Gender and Development -O P 4.20 2-3 2.2 Legal Framework 2-3 2.2.1 The Constitution of Kenya 2-3 2.2.2 The National Land Commissions Act 2012 2-3 2.2.3 The Land Act 2012 2-4 (a) Principles and values to guide Land management and administration 2-4 (b) Compensation in respect to public right of way 2-4 (c) Acquisition of private land for public use 2-5 (d) Land transfers 2-6 (e) Transmission of land ownership upon death 2-6 2.2.4 Land Laws (Amendment) Act, 2016 2-7 RAP for Kigoro-Ngethu Pipelines ii January 2018 2.2.5 Land Acts Repealed by the Land Act 2012 2-7 2.2.6 The Land Registration Act 2012 2-7 2.2.7 Land Acts Repealed by the Land Registration Act 2012 2-8 2.2.8 The Land and Environment Court Act 2011 2-8 2.2.9 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 2-9 2.2.10 The Matrimonial Property Act 2013 2-9 2.3 Comparison of World Bank Policies and Kenyan Law 2-10 3 SOCIO-ECONOMIC PROFILE OF THE PAPS 3-1 3.1 Administrative Boundaries 3-1 3.2 Population Size and Composition 3-1 3.2.1 Population Distribution and Gender Composition 3-1 3.2.2 Religion 3-2 3.3 Land Use and Land Tenure 3-3 3.3.1 Land Use 3-3 3.3.2 Land Tenure 3-3 3.4 Energy 3-4 3.4.1 Energy Source for cooking 3-4 3.4.2 Energy Source for Lighting 3-5 3.5 Transport and Communication 3-6 3.5.1 Transport 3-6 3.5.2 Communication 3-6 3.6 Water and Sanitation 3-6 3.6.1 Water Sources 3-6 3.6.2 Access to Water 3-7 3.6.3 Modes of Water Treatment 3-8 3.6.4 Quantity of Water Used 3-8 3.6.5 Sanitation 3-9 3.7 Health 3-9 3.7.1 Disease Incidence 3-9 3.7.2 Health Facilities 3-10 3.8 Education 3-10 3.8.1 Highest Level of Education 3-10 3.8.2 Distance to Educational Facility 3-11 3.9 Economic Activities 3-11 3.9.1 Income Sources 3-11 3.9.2 Monthly Household Income 3-12 3.10 Housing and Settlement 3-13 4 PUBLIC CONSULTATION AND DISCLOSURE 4-14 4.1 Background 4-14 4.1.1 Objectives of the Public Consultation 4-14 4.2 Stakeholder Engagement 4-15 4.3 Previous Consultations 4-15 RAP for Kigoro-Ngethu Pipelines iii January 2018 4.4 Public Consultation during the RAP Study 4-16 4.5 Summary of Issues Raised 4-19 4.5.1 Issues Raised by Key Informants 4-19 4.5.2 Issues Raised by PAPs 4-21 4.6 Project Acceptance 4-27 4.7 Preferred Mode of Compensation 4-27 4.8 Level of Achievement of Stakeholder Engagement Objectives 4-27 4.9 Disclosure of the RAP Report 4-28 4.9.3 Disclosure by World Bank 4-29 4.9.4 Kenya Legal Requirements 4-30 4.10 Future Consultations 4-30 4.11 Stakeholder Engagement Strategy for RAP Implementation 4-30 4.11.1 Community Relations in Construction Phase 4-32 4.11.2 Objectives and Division of Responsibility 4-32 4.11.3 Construction Contractor Role in Community Liaison 4-32 4.11.4 AWSB’s Role in community liaison 4-33 4.11.5 Community Relations in Operational Phase 4-33 4.11.6 PAPs Engagement 4-33 4.11.7 Decommissioning 4-34 5 IMPACTS OF THE PROJECT 5-1 5.1 Background 5-1 5.2 Eligibility Criteria for Compensation 5-1 5.3 Land Loss 5-2 5.4 Loss of Structures 5-2 5.5 Loss of Crops and Trees 5-3 5.6 Impact on Public Infrastructure 5-3 5.7 Impact on Vulnerable Members of the Community 5-3 5.8 Entitlement Matrix 5-6 6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION 6-1 6.1 Existing Institutions of Relevance to This RAP 6-1 6.2 Proposed RAP Implementation Arrangements 6-4 6.3 RAP Implementation Committee 6-4 6.4 RAP Implementation Schedule 6-8 6.5 RAP Implementation Budget 6-10 7 GRIEVANCE MECHANISMS 7-1 RAP for Kigoro-Ngethu Pipelines iv January 2018 7.1 General Information 7-1 7.1.1 Existing Mechanisms for Dispute Resolution 7-1 7.1.2 Expected Grievances 7-1 7.1.3 Proposed Grievance Mechanism 7-2 8 MONITORING AND EVALUATION 8-1 8.1 Internal Monitoring 8-1 8.2 External Monitoring 8-1 8.3 Monitoring and Evaluation Schedule 8-2 8.4 Methods of Monitoring 8-5 8.5 Reporting 8-5 9 CONCLUSION 9-1 RAP for Kigoro-Ngethu Pipelines v January 2018 LIST OF ACRONYMS ACC Assistant County Commissioner ADR Alternative Dispute Resolution AFD Agence Française de Développement AIDS Acquired Immunodeficiency Syndrome AWSB Athi Water Services Board CEM County Executive Member CEO Chief Executive Officer CSR Corporate Social Responsibility DRSRS Department of Resource Survey and Remote Sensing DSDO District Social Development Officer ESIA Environmental & Social Impact Assessment FGD Focus Group Discussion ha Hectare HIV Human Immunodeficiency Virus KFS Kenya Forest Service Km Kilometre KeRRA Kenya Rural Roads Authority KTDA Kenya Tea Development Authority KURA Kenya Urban Roads Authority KWS Kenya Wildlife Service m Metre MCA Member of County Assembly MDGs Millennium Development Goals MLHUD Ministry of Land Housing and Urban Development mm Millimetre NCTPh1 Northern Collector Tunnel Phase 1 NCWSC Nairobi City Water and Sewerage Company NEMA National Environment Management Authority NGO Non-governmental organisation NLC National Land Commission OP Operational Policy PAPs Project Affected Persons PASW Predictive Analysis Software PIU Project Implementation Unit RAP Resettlement Action Plan RAPIC RAP Implementation Committee SPSS Statistical Package for Social Sciences STI Sexually Transmitted Infection URTI Upper Respiratory Tract Infections VIP Ventilated Improved Pit-latrines WaSSIP-AF Water and Sanitation Services Improvement Project-Additional Funding WB World Bank WRMA Water Resources Management Authority RAP for Kigoro-Ngethu Pipelines vi January 2018 EXECUTIVE SUMMARY Background The Government of Kenya through the Athi Water Services Board (AWSB) received funding for construction the Northern Collect Tunnel Phase 1 project from the Agence Française de Development (AFD) and additional financing from the World Bank for the Water and Sanitation Services Improvement Project-Additional Funding (WaSSIP-AF). The project is aimed at increasing bulk water supply to Nairobi City and its environs. The proposed infrastructure for the project will run through three Counties namely Murang’a, Kiambu and Nairobi. Water will be abstracted from three rivers namely Gikigie, Irati and Maragua and transfer it through an 11.8km long tunnel to an outlet at Githika River that will eventually drain the water into the dam. This section is located within Murang’a and Kiambu County. After the dam, a new raw water gravity main will transfer the water to the Kigoro Water Treatment Plant about 6 km downstream of the dam. The treated water will then be transmitted through a gravity main to Gigiri tanks in Nairobi. This section is located in parts of Murang’a, Kiambu and Nairobi County. Figure 1 to 3 shows the layout of the whole project from Thika dam to existing Gigiri water storage tanks for distribution in Nairobi and environs. This report is for the section of the pipeline in light blue. This RAP report covers the Kigoro-Ngethu Pipeline for Treated Water. This pipeline starts at Kigoro Treatment Plant and terminates near Ngethu Treatment Plant where the pipeline will join the existing wayleave (about 12.6 km). From the Ngethu Treatment Plant to the Gigiri tanks is 35.7 km and land acquisition for that portion of the pipeline is covered under a separate RAP. The 6 km portion from dam to Kigoro is also covered under a separate RAP. RAP for Kigoro Ngethu Pipelines 7 January 2018 Figure 1: Location Map – Sheet 1 RAP for Kigoro Ngethu Pipelines 8 January 2018 Figure 2: Location Map – Sheet 2 RAP for Kigoro Ngethu Pipelines 9 January 2018 Figure 3: Location Map – Sheet 3 Athi Water Services Board (AWSB) commissioned GIBB Africa Limited to prepare a Resettlement Action Plan (RAP) for the proposed Thika-Kigoro-Kabete (T-K-K) Pipeline under the Northern Collector Phase 1(the Project). RAP for Kigoro Ngethu Pipelines 10 January 2018 Development of the Resettlement Action Plan Report The overall aim of the preparation of the RAP for the project is to guide the resettlement and compensation activities through involvement of all stakeholders, especially the Project Affected Persons (PAPs) to allow for their meaningful contribution into the program. An in-depth literature review was carried out before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. A review of the Policy, Legal and Regulatory Framework for resettlement for this project was also done to guide the study. Some of the documents that were reviewed included the previous project study reports, Kenyan Land laws and sectoral policies of relevance to land, World Bank Operational Policies and sourcebooks with focus on resettlement and stakeholder engagement in preparation and implementation of resettlement programs. Initial field studies covering all project components were conducted between April and October 2015. These consisted of community sensitisation meetings, demarcation of the corridor centre line through use of temporary benchmarks (wooden pegs), census, household survey, key informant interviews, Focus Group Discussions (FGDs) and transect walks. During this period a land and asset inventory was developed through a door to door survey from September to October 2015. The development of the inventory was also guided by the census survey, the cadastral maps and the temporary benchmarks set on the affected corridor. The inventory was then used to develop a Land and Asset Valuation Report to inform the resettlement budget as proposed under this RAP Report. A Resettlement Action Plan report was prepared, in accordance with the project requirements outlined in the previous section and submitted to the Athi Water Services Board, in January 2016. Initially, the report covered the land requirements for all the project pipeline infrastructure for both raw and treated from Murang’a, Kiambu and Nairobi Counties. The RAP report equally identified and developed mitigation measures for the impacts of the expected land take in accordance with the laws of Kenya and World Bank social safeguards with a focus on the Operational Policy on Involuntary Resettlement (O. P. 4.12). The initial 2016 RAP report noted that approximately 100 PAPs within the Ngethu – Gigiri treated water pipeline sections were not enumerated as they did not allow the consultant to undertake the census exercise due to historical grievances with regard to easement registration of the existing wayleave. Additional meetings were held with the affected persons with AWSB in attendance to engage the PAPs further on the historical issues and to seek a solution for purposes of the project. These meetings resulted in a split of the initial RAP Report into three sections composed of the RAP for the Raw Water Pipeline (Thika-Kigoro) and the RAP for the Treated Water Pipeline (Kigoro to Ngethu and Ngethu to Gigiri Tanks). The RAP for Thika-Kigoro pipelines was therefore prepared and submitted to AWSB in September 2017. It was also decided to include the National Land Commission (NLC) as a key part of the grievance resolution mechanism for the historical grievances in cognisance of their mandates in Alternative Dispute Resolution on land based grievances. The revised report for the Ngethu- Gigiri Section of the pipeline will therefore be updated to ensure integration of a system to manage grievances emerging from PAPs who had outstanding historical issues on the existing wayleave. RAP for Kigoro Ngethu Pipelines 11 January 2018 Update of the Kigoro-Ngethu Section of the RAP Report Following the finalisation of the RAP for Thika dam – Kigoro pipeline in September 2017, AWSB mobilised GIBB to update the baseline socio-economic data for the PAPs within the Kigoro- Ngethu Section. This was done between December 2017 and January 2018. AWSB also independently mobilised a land and asset valuer to revise the land and asset inventory in view of re-alignment of sections of the pipeline as well as in view of the time lapse since the valuation conducted by GIBB in September-October 2015, and submitted in January 2016. Lastly, AWSB mobilised the full-time field project sociologists to assist with sensitisation and mobilisation of each household / enterprise to participate in the update activities. These activities facilitated the preparation of a report to update the RAP arrangements for the section of the Pipeline that would fall under a new wayleave (Thika-Kigoro-Ngethu). As such, the complete set of RAP Study documents for the Thika-Kigoro-Gigiri Pipeline (the section from Gigiri to Kabete was removed from the works contract) are as follows:  RAP for Thika-Kigoro dated September 2017; The RAP has been prepared and AWSB has disclosed and implemented this RAP. As the RAP was implemented prior to World Bank clearance, an audit is currently being done by the Independent Panel of Experts (IPE) to confirm compliance with World Bank Safeguard Policies. The Audit Report is expected in June 2018.  RAP for Kigoro-Ngethu dated January 2018 (this report)  RAP for Ngethu to Gigiri (Version 3 of March 2017): The consultant faced challenges in preparing the RAP for this section of the pipeline. About 100 PAPs within the section of treated water pipeline from Ngethhu to Gigiri (within Kiambu County) did not allow the consultant to undertake census and valuation. They claimed that they were not paid for the existing18m wayleave. They therefore demanded to be paid for the old wayleave plus the proposed new wayleave of 3m making it an acquisition of 21m. This is what necessitated the splitting of the RAP into 3. AWSB has sought the services of National Land Commission (NLC) in a bid to resolve the issues. The RAP will then be submitted to WB for review and approval once the consultation process with the aggrieved PAPs is completed. This Report covers the Kigoro-Ngethu section of the Pipelines. Identification of Project Affected Persons For the affected 172 land parcels, the total number of PAP households is 286. The breakdown of these households is as follows:  177 Land owners: Due to the fact that four parcels are co-owned by a number of individuals;  4 Lesees who only own crops;  105 sons, daughters, grandsons and grand-daughters who only own crops. This translates to a total of 379 Project Affected Persons. None of these PAPs will be relocated. This means therefore that there will be no physical displacement but the PAPs will loss economically in terms of crops/trees planted on the proposed wayleave. The RAP has valued these crops and trees using current market rates and full replacement cost. This will enable the PAPs to plant these trees/crops on other sections of the remaining land. RAP for Kigoro Ngethu Pipelines 12 January 2018 Socio-Economic Profile of the PAPs Land Use and Land Tenure The main land use onsite includes cash crop farming at 55% followed by residential land use at 21%. In relation to land tenure, Majority of the PAPs (79%) are land owners while (19%) are land tenants, meaning they have an agreement with the land owner to plant crops on the affected property. The land is under freehold tenure and most of the lands have titles. The other form of land tenure is public land that is owned by the government, these are mostly used for public utilities such as power, water supply lines and roads. Housing From analysis and observation during the survey, majority of the PAPs have houses with iron sheet roofing (83%), Cemented floors (72%) and stone walls (69%). There are also houses that were made of wooden floors and walls. Education The household survey findings show that majority of the PAPs (26% male and 24% female) have attained basic primary school education. 20% male and 20% female have attained secondary school education. Disruption of household livelihoods might lead to increase of cases of school dropouts if the PAPs incomes are not restored. In cases of resettlement, the increase in distance from the initial schools the PAPs attended might impact negatively on the performance of the PAPs. Water Supply and Sanitation The study established that majority (59%) of the PAPs have access to piped water system either connected to their homesteads (32%) or communal water points (27%). WHO categorises bottled and piped water as improved water sources, during resettlement, damages to the water supply infrastructure might lead the PAPs to use alternative water sources such as rivers that are an unimproved water source. It is estimated that about 93% of the PAPs in the project area use pit latrines while 7% use flush toilets. A few PAPs who had flush toilets within their households were using Offsite sanitation. Energy Sources The most common source of energy for cooking used by the PAPs is firewood (44%), while the least source of energy for cooking was electricity (3%). Electricity is largely used for lighting purposes among all the PAPs (62%) followed by kerosene lamp (31%). The least form of energy used for lighting is LPG gas at 1%. The PAPs indicated that during power blackouts, they resorted to using rechargeable batteries (6%) and kerosene lamps. During resettlement, in cases where a PAP prefers land for land compensation, it will be important for the PAPs to be resettled in areas where they can access energy sources previously available to them. Highlights of the Emerging Issues from the Stakeholder Engagement Process Key issues arising from the stakeholder engagement process and captured in the RAP for pipelines issued on January 2016 and revised in March 2017 RAP are presented in Table E1 below. RAP for Kigoro Ngethu Pipelines 13 January 2018 Table E1 Issue-Response Matrix on Key Issues Raised from Stakeholder Engagement Issues/concern Comments Responses of relevance to the RAP study Use of wayleaves  Use of the road reserve without the knowledge of Kenya Urban  The layout of the pipeline will be submitted to KURA to provided under the Roads Authority (KURA) will lead to a scenario where other road identify areas where there will be conflict in road road reserve. support infrastructure such as storm water drains might lack space reserve use. for construction;  For areas where the Pipeline will cut across a road, the  Road junctions will result in destruction of the water supply lines. contractor is expected to apply for permission for the construction works. The roads that will be damaged by the pipeline should be repaired to original standards, a 30% cost of the repair cost in form of a bankers cheque is left at the Kenya Rural Roads Authority (KeRRA) offices as guarantee that the roads will be repaired by the applicant. Valuation of affected  The value of crops range from season to season and there is a  Valuation was done at full replacement cost using assets and possibility of the crops being given values of a high season which recent market rates; compensation for tends to be low;  Affected households will be allowed to harvest crop losses  Lack of a standard price list for crops in the agricultural docket residue in addition to the cash compensation for the therefore the crops may be over priced or under-priced; loss of crops.  Unrealistic expectations on land values;  Compensation proposed under this RAP should be reasonable;  Some of the trees have taken many years to mature, some are for economic purpose, some provide feeder to livestock other help in soil preservation, cutting down of these trees will lead to soil erosion and loss of livelihoods; Most of the riparian land is used for irrigation in the county hence loss of this produce will result in impacts on food sources for the affected persons. Reduction in tea The Tea factories have employed staff based on a monthly average production tea collection, acquisition of land with Tea will subsequently lead to reduction of production and a subsequent loss of jobs to the employees The farmers should be allowed to grow the tea after the construction on the wayleave to reduce the ripple effect of acquiring the land from the farmers. RAP for Kigoro Ngethu Pipelines 14 January 2018 Issues/concern Comments Responses of relevance to the RAP study Health, safety and  The trenches dug to lay the pipe could be as deep as 20m and this A community health and safety action plan is in place and economic impacts on will lead to loss of access to one side of the property and a danger it addresses the issues raised including: the temporary to livestock and human lives.  Regular community meetings to sensitize the wayleave  Haphazard stock piling will destroy crops outside of the temporary community on health and safety hazards; and permanent right of way  Provision of temporary access (bridges etc.) and  Disruption of tea collection as a result of works on roads used to alternative routes in cases where roads are blocked; deliver tea;  Stockpiling of materials within the acquired right of way  Water and sanitation facilities that will be affected should be or within the designated sites; restored to their original state to maintain the water and sanitation  Repair of damaged roads shortest time possible. standards in the county; The contractor’s site to be established in a location will not contaminate water sources and cause noise in human settlements. This will ensure that the impacts are minimised. Land fragmentation Productive land will be divided into segments leaving some parcels In cases where the impact of acquisition results in loss of of land injuriously affected and thus not economically viable. up to 20% or more of the economic viability of the land, acquisition of the entire land parcel will be provided. Employment  It will be beneficial to the residents of the project area to get  The project will restore incomes of the people who are employment from the project; this will also ensure that the project directly economically affected by the acquisition of land runs smoothly without any protests. and assets.  Employment will also help reduce cases of crime and social crimes that could be as a result of idleness; Project acceptance  Risk of resistance by land owners to give up any portion of their  Grievance resolution will be conducted during the land. mobilisation phase of RAP implementation;  Identification of an alternative alignment as a last resort where no agreements can be reached will be conducted. Risk of future land  Terms of the easement should be clearly documented in the AWSB shall: use conflicts due to agreement so that both parties know what they are getting into, this  Clearly outline the terms of land acquisition whether its the easement for the will avoid issues of people building permanent structures above the easement or wayleave; Pipeline. pipeline or growing perennial crops;  Ensure that the neighbouring land owners know what  The wayleave/easement should be registered with the lands land uses are permitted on the wayleave; ministry to avoid land grabbers;  Develop a program to map out all the acquired land  This will not only inform any proposed measures to prevent future under this project including setting out of permanent encroachment on the wayleave but would also help in informing any beacons. measures to manage the risk of vandalism on the pipeline; RAP for Kigoro Ngethu Pipelines 15 January 2018 Issues/concern Comments Responses of relevance to the RAP study Lack of replacement  Majority of the affected land in Murang’a and Kiambu Counties, are  PAPs consulted opted for cash compensation; land for resettlement ancestral having been passed down through generations to the  Measures proposed for PAPs in informal settlements (in-kind current owners therefore, it might be difficult for the PAPs to include a program for provision of alternative livelihoods compensation) relinquish their lands. such as casual employment and skill transfer to  During valuation, the land values should be well informed and promote increase in incomes at household level and alternative land prices around the area should be considered, this some level of security of tenure through sourcing of will enable the PAPs buy land in the nearby alternative areas. housing in formal settlements as tenants. Losses during Water release during cleaning or when the pipes burst has a high  Losses during the operation of the pipeline will be operation phase of volume and velocity and is causing havoc namely: compensated by AWSB; water pipeline  Pollution of soil by chlorine when the treated water is released into  AWSB will integrate protection works and drainage the farms; structures as part of protection works for adjacent land  Destruction of crops, trees, soil erosion, animals and human life in users. These protection works will be developed by the valleys; qualified professionals and established with the full  Disruption of access to the well where the community draws their participation of the affected persons water from. This happens when excess water is released into the existing Ngethu channel. The large volume of water overwhelms the existing stream channel onto which it is released. Inadequate land for Concern as to where PAPs could get resettlement land as there was  PAPs opted for cash compensation; in-kind compensation a scarcity of land in the project area  Valuation rates were based on the latest market rates to ensure that PAPs could still acquire land in the present market conditions;  Timely payment of compensation to reduce the risk of increased prices due to speculation due to the false demand that may arise due to the project. Lack of land  There are cases where succession has not been done after the The project will provide support in the form of ownership death of the registered land owner; sensitisation and timely notices to allow for those who documentation  There are cases where sub-divisions have been done but the new need to update their documentation to do so, prior to owners have not updated their land ownership documentation at issuance of compensation for land. the land registries. Project start and end The PAPs wanted to know when will the project start and end so that The project is expected to start as soon as the contractor date they can plan their activities. will have been awarded the tender, the project end date is not fixed but the duration is expected to be about two years. Fear of forceful Eviction to pave way for the project Implementation arrangements are in accordance with evictions O.P. 4.12 hence forceful evictions are not expected even RAP for Kigoro Ngethu Pipelines 16 January 2018 Issues/concern Comments Responses of relevance to the RAP study for those who have no legally recognisable rights as per the laws of Kenya. Road destruction due The community raised issues on the impact of heavy trucks and The contractor will ensure the roads are maintained in to heavy equipment equipment being carried on the existing road network within the proper condition and alternative traffic arrangements are project area during construction. They noted that the roads are very made when necessary. important to the community as they use them to transport their tea. Compensation for Valuation of incomes for businesses whose incomes fluctuate Compensation for loss of income considered the income loss of business through-out the year. through-out the business cycle and not just peak or low incomes seasons. Cut- Off dates  The community asked the study team of the intention of the cut-  Community was sensitised on the meaning of the cut- off dates and asked whether only the enumerated and valued off date as per O.P. 4.12; structures as well as parcels affected will be compensated after  Further elaboration was made on the fact that assets the cut- off dates; not on site by the cut-off date were not going to be  Concern where business expansion plans would be considered. included in the valuation report nor the compensation arrangement under this RAP Report;  Prompt implementation of the RAP will be done to ensure that there is no uncertainty, stagnation or additional losses to the PAPs due to delays in RAP or project implementation;  PAP engagement activities will be conducted through- out the implementation as well as the monitoring and evaluation program to identify and mitigate any emerging issues that may not have been foreseen during the preparation of this RAP. Corrupt dealings It is important that the proponent (AWSB) to ensure that all payments  This RAP report recognises that there will be need for during payment or transactions on the given parcels to be done directly to the owner multi-stakeholder involvement and possible and/ or the administrator of the land at the time of compensation. The recruitment of staff for certain elements of RAP community did not want any crooks that will come in the name of implementation. This measure will enhance the brokering or mediating between AWSB and the land owner. capacity of AWSB in implementing the RAP.  It will be critical to legitimise any stakeholders or representatives involved in the RAP process either due to their legal mandate as per the laws of Kenya, or through public vetting through validation by the PAPs. These include the members of the RAPIC, grievance resolution committees or the monitoring and evaluation exercises; RAP for Kigoro Ngethu Pipelines 17 January 2018 Issues/concern Comments Responses of relevance to the RAP study  However, payment of compensation to the land and asset owners should be done directly by staff with a direct mandate from AWSB. Loan repayment  Concern over the consideration of loan repayment plans that  This RAP proposes compensation at full replacement disruptions would be running during the compensation period. cost and adequate notice to ensure that there is no loss of income;  During mobilisation, PAPs should however be reminded to take cognisance of the cut-off date to ensure that they do not incur liabilities that are not covered under this RAP;  Prompt compensation will be done to ensure that people do not accrue debts as a result of delays and uncertainties over the compensation. The PAPs will be paid within one (1) month after signing the compensation agreements. Grievances handling  Concern over the risk of conflicts over the transactions during the  This report proposes a grievance redress mechanism compensation period; as informed by consultations with stakeholders;  Need for a grievance redress mechanism specifically for the  The mechanism has been integrated as one of the key resettlement process to be integrated into the resettlement components of the implementation arrangements for program. this RAP. Emerging issues on  The community raised the issue of future land use on proposed  The PAPs are not allowed to cultivate any crops or the existing and any wayleave. They were particularly concerned with the restrictions trees that may cause harm to the water pipeline, build future proposed of the type of land use activity and structures, asking whether the on or over, drill or develop in any manner whatsoever easement wayleave will restrict farming activities. on the wayleave acquired. The types of crops and developments that are prohibited will be explained to the PAPs during the disclosure process.  Some respondents wanted to know if AWSB will get titles for the  The wayleave will be registered but there will be no 3m wayleave and if that is the case, they wanted to know what title for it; would happen to the residual land.  Where residual land is not economically viable, AWSB  will acquire the entire land parcel to promote livelihood restoration. Compensation of There are crops that take up to six years to mature when planted for  Valuation was done at full replacement cost using crops example macadamia and avocado trees. Compensation for these recent market rates; crops should consider the duration of the project and the losses  Affected households will be allowed to harvest crop incurred between this period and the time it takes for the crops to residue in addition to the cash compensation for the mature. loss of crops. RAP for Kigoro Ngethu Pipelines 18 January 2018 Proposed Resettlement and Compensation Measures Majority of the PAP households within Kigoro-Ngethu project area fall under category (a) of O.P 4.12. These are defined as those with legal rights recognised by Kenyan Law. The proposed entitlement matrix is presented in Table E2 below. RAP for Kigoro Ngethu Pipeline 19 January 2018 Table E2 Proposed Entitlement Matrix Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance Land Owner  Cash compensation at full  Cash compensation at  Cash compensation  6 months’ notice to allow PAPs replacement cost; full replacement cost; at full replacement to update land ownership  Payment of a disturbance  Disturbance allowance cost; documentation prior to allowance amounting to 15% at 15% of the crop and Disturbance allowance compensation payment; of the value of land; tree value. at 15% of the asset  Initial verification of ownership  PAPs should be sensitised at value. claims at the village level in the on-set to update their liaison with MLHUD before land ownership confirmation by County Land documentation. There are Officials i.e. County Lands cases of sub-divisions and Officer and County Surveyor; to succession that should be fast track the process of sorted to ensure that there is updating documentations; no question on the eligibility  Minimum of 3 months notice to of the land owner identified vacate the premises; under this RAP;  Allowance to salvage any crop  Where land parcels are small remains, timber and wood resulting in losses of up to products; 20% of land or a residual land  Allowance to salvage any that is of no economic value materials from the demolitions; to the land owner, the entire  Capacity building and land parcel will be acquired. sensitisation on use of compensation funds. Land Tenants -  Cash compensation at  Allowance to salvage any full replacement cost; crop remains, timber and Disturbance allowance at wood products. 15% of the crop and tree  Three month notice to move; value.  Relocation assistance pegged at an arbitrary maximum of 6000 (developed from reported average of 3 months rent);  Psycho-social support should be provided by AWSB in conjunction with the District RAP for Kigoro - Ngethu Pipeline 20 March 2017 Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled. Female Already covered in main entitlements.  Monitor resettlement crop activities to ensure no owners- coercion during decision Daughters making. and Wives  Capacity building and Other Vulnerable of land sensitisation on use of Groups owners. compensation funds;  Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled. RAP for Kigoro - Ngethu Pipeline 21 March 2017 Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance The Already covered in main entitlements.  Provide assistance as elderly determined during final negotiation of packages e.g. securing of transport means during relocation;  Monitoring of their health status to ensure successful integration.  Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled.  RAP for Kigoro - Ngethu Pipeline 22 March 2017 Proposed RAP Implementation Arrangements This report proposes a three tier mechanism for implementation of this RAP:  A RAP implementation committee;  A grievance resolution mechanism;  A monitoring and evaluation mechanism. The proposed RAPIC consists of representatives from AWSB, Murang’a and Kiambu County Government, Ministry of Interior and Co-ordination as well as elected PAP representatives. Specific roles and responsibilities are proposed for the members of this RAPIC with AWSB taking the main co-ordination, record keeping and internal monitoring and evaluation roles. The proposed grievance resolution mechanism has three levels prior to consideration of court systems and to allow for majority of the expected arising grievances to be handled at sub-county level. The highest level identified under this mechanism is the Land and Environment Court as required by the Constitution, while the lowest level is as per the policy direction given by World Bank, The Kenya Land Policy and the Constitution. The proposed implementation schedule is expected to run for twelve (12) months commencing with disclosure of proposed entitlements at household level, grievance management, community mobilisation and concluding with a close-down audit. Compensation payment and resettlement of PAPs will be done prior to the contractor taking possession of any construction site. The RAP implementation budget including compensation funds and select administrative costs is estimated at One Hundred and Five Million, Thirteen Thousand, Six Hundred and Fifty Only (Kshs 105,013,650). The exact breakdown of this estimation is as presented in Table E3 Table E3: Estimated Direct Costs for RAP Implementation Asset Amount in Kshs Compensation for loss of land and improvements inclusive of 15% disturbance allowance for all losses 97,100,000 Provisional cost for M&E at 3% of compensation cost 2,913,000 Sub Total 100,013,000 Contingency 5% of total budget 5,000,650 Grand Total 105,013,650 RAP for Kigoro-Ngethu Pipeline 23 January 2018 1 INTRODUCTION The Government of Kenya through the Athi Water Services Board (AWSB) received funding for construction the Northern Collect Tunnel Phase 1 project from the Agence Française de Development (AFD) and additional financing from the World Bank for the Water and Sanitation Services Improvement Project-Additional Funding (WaSSIP-AF). The project is aimed at increasing bulk water supply to Nairobi City and its environs. The proposed infrastructure for the project will run through three Counties namely Murang’a Kiambu and Nairobi. Water will be abstracted from three rivers namely Gikigie, Irati and Maragua and transfer it through an 11.8km long tunnel to an outlet at Githika River that will eventually drain the water into the dam. This section is located within Murang’a County. After the dam, a new raw water gravity main will transfer the water to a Water Treatment Plant 6km downstream of the dam. The treated water would then be transmitted through a gravity main to Gigiri Reservoir in Nairobi. This section is located parts of Murang’a, Kiambu and Nairobi County. Athi Water Services Board (AWSB) commissioned GIBB Africa Limited to prepare a Resettlement Action Plan (RAP) for the proposed Northern Collector Phase 1(the Project). A Resettlement Action Plan report was therefore prepared and submitted to the client, Athi Water Services Board, on March 2017. The report covered the land requirements for the project pipeline infrastructure for both raw and treated from Murang’a, Kiambu and Nairobi Counties. The RAP report equally identified and developed mitigation measures for the impacts of the expected land take in accordance with the laws of Kenya and World Bank social safeguards with a focus on the Operational Policy on Involuntary Resettlement (O. P. 4.12). However, the RAP report was not approved by the financier, World Bank, due to challenges encountered during census exercise that were highlighted within the March 2017 RAP report. As such, following a meeting between the World Bank and AWSB on 14 November 2017, it was agreed that the RAP for the treated water pipeline would be split into two sections composed of the RAP for Kigoro-Ngethu pipeline (new wayleave) and Ngethu-Gigiri (existing wayleave) with the aim of fast tracking the approval process. The RAP for Kigoro-Ngethu pipeline was prioritized for updating the census and socioeconomic baseline survey data for submission to World Bank. As such this RAP update report covers the Kigoro-Ngethu section between chainages 0+000 to 12+554. 1.1 Project Location Majority of the pipeline Kigoro-Ngethu section of the pipeline is based in Murang’a County with a small length of the pipeline before Ngethu Treatment works being located in Kiambu County. Table 1-1: Administrative units covered by the Water Pipelines County Sub County Division Location Ndakaini Murang’a Gatanga Kigoro Ndunyu Chege Kigoro Chania Gituamba Kiambu Gatundu North Makwa Kairi The map showing the proposed pipeline is as shown in Figure 1-1 below: RAP for Kigoro Ngethu Pipeline 1-24 January 2018 Figure 1-1: Map showing the project area within Kiambu County RAP for Kigoro Ngethu Pipeline 1-25 January 2018 1.2 Project Components Necessitating Resettlement 1.2.1 Description of the Project Components The proposed section of the pipeline will consist of construction of 12.554km long treated water gravity main from Kigoro water treatment plant to Ngethu treatment plant. It is expected that the treated water will join the existing transmission line from Ngethu to the final destination in Gigiri pending the resolution of historical resettlement grievances between Ngethu – Gigiri section to be addressed. 1.2.2 Land Take for the Pipeline Structures The assessment for land take for Kigoro-Ngethu pipeline structures was based on the land requirements for installation of these structures and all related activities during the installation. The total footprint for land take for these structures was therefore based on the land requirements as determined by the footprint of the pipeline design as provided by the design engineer. Table 1-2 summarises these land requirements. Table 1-2: Land take for pipeline works Project Component Land Take Approximate Size in acres distance in Km Treated water Permanent land take 6m 12.554 18.61 Temporary land take 3m 9.30 Total 64.8 27.91 1.2.3 Temporary Land Acquisition for the Construction Phase Temporary land requirement that may arise during the construction phase has been established to be 3 metre either left or right depending on the side with the least impact. Temporary land acquisition is usually done to cover for loss of private property or temporary loss of access to private property as a direct result of construction activities. In such cases, access to the construction site would also be affected if the aggrieved owners of the assets are not compensated for the losses. From our understanding of construction activities, these temporary land requirements may arise due to the following reasons:  Need for space for movement by the contractors machines: Machines that usually require a lot of space to manoeuvre within the construction site sometimes destroy private property outside the permanently acquired land;  Need for storage areas or space for stock-pilling of materials and spoils. This would only occur if the space provided for permanent land acquisition is not adequate. 1.3 Identification of Project Affected Persons For the affected 172 land parcels, the total number of PAP households is 286. The breakdown of these households is as follows:  177 Land owners: Due to the fact that four parcels are co-owned by a number of individuals;  4 Lessees who only own crops;  105 sons, daughters, grandsons and grand-daughters who only own crops. RAP for Kigoro-Ngethu Pipeline 1-26 January 2018 This translates to a total of 379 Project Affected Persons. None of these PAPs will be relocated. This means therefore that there will be no physical displacement but the PAPs will loss economically in terms of crops/trees planted on the proposed wayleave. The RAP has valued these crops and trees using current market rates and full replacement cost. This will enable the PAPs to plant these trees/crops on other sections of the remaining land. 1.4 Objectives of the RAP A RAP study is a field assessment with the aim of identifying and consulting persons affected by a project or a proposed development and stakeholders influenced or having an influence on the project. The above exercise leads to the development of a time-bound plan with a budget for compensation of Project Affected Persons (PAPs) and its implementation. The main objectives of the RAP study were:  Identification of Project Affected Persons (PAPs);  Identification of land parcels to be acquired for development of project infrastructure;  Collection of qualitative and quantitative baseline socio-economic data of PAPs;  Establishment of entitlements to PAPs;  Collection of preferences for compensation;  Development of a RAP. 1.5 RAP Study Methodology 1.5.1 Desk Study An in-depth literature review was carried out before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. Since literature review is a continuous exercise, more documents were reviewed during reporting stage. Some of the documents that were reviewed included:  Previous project study reports including: o Feasibility Study and Master Plan for Developing New Water Sources for Nairobi and Satellite Towns Volume I: Preliminary Design Report – Northern Collector Phase I Project (July 2012) o Final Detailed Design Drawings; o Project Survey Reports;  Kenyan land laws including: o Land Laws (Amendment) Act, 2016; o Land Act 2012; o Land Registration Act, 2012; o National Lands Commission Act, 2012; o Environment and Land Court Act, 2011;  World Bank operational policies and sourcebooks with focus on: o Involuntary Resettlement Policy (O P 4.12); o Involuntary Resettlement Source Book-Planning and Implementation in Development Projects; o A Guide to Designing and Implementing Grievance Mechanisms for Development Projects.  Available copies of easement records on the existing right of way. RAP for Kigoro-Ngethu Pipeline 1-27 January 2018 1.5.2 Determination of the Project Footprint Cadastral maps were acquired for Murang’a and Kiambu in areas where the pipeline is to be laid to:  Determine the project footprint of relevance to land take;  Identify affected land parcels;  Determine the size of land to be acquired at land parcel level. The study surveyors also set-out the alignment of the affected land parcels through temporary pegging. 1.5.3 Community Sensitisation Meetings The objectives of the community sensitisation meetings were:  Describing the Project foot- print from Thika dam to the proposed Kigoro Water Treatment Plant 6km downstream of Thika and Treated Water gravity main from Kigoro treatment plant up to Gigiri reservoirs  Setting and agreeing on the Cut- Off dates for compensation as per World Bank’s O P 4.12;  Information dissemination and sensitisation on the RAP study activities, especially those that would require active PAP participation;  Discussions and agreement on the schedule and modalities for the household survey (census, enumeration and valuation exercises). This included an explanation of the PAP’s’ roles in the exercise including the documentation required during the census and the valuation activities;  Collection and collation of public comments on resettlement. A total of six (6) public meetings were held along the entire project area in several sub-counties with five (5) meetings in Murang’a County and one (1) meeting in Kiambu County. The primary stakeholders such as Land Owners, property owners, residents and business owners within the project site were informed and sensitized about the proposed project and their views and comments noted. Attendees were informed of the proposed project and the project footprint earmarked for land take. The sociologist also sensitised the attendees on the project goals and benefits. After the presentations the attendees were given the opportunity to give their views, comments and queries. As such, the meetings provided a platform for expression of overall opinions, issues and concerns by community members who live on or conduct economic activities on the targeted right of way for the project. Issues arising from the meetings are presented in Chapter 4 of this report. 1.5.4 Census A census was done to identify the PAPs and register them according to their location. The following activities were conducted during the census:  Identification of all PAPs through a pre-set questionnaire.  Distribution of PAP IDs For cases where the PAP Unit representative was not available for enumeration, responses were sought from the representatives of the household head or adult persons belonging to the household. Absentee PAPs who did not have any representatives at all were identified through the assistance of village elders. RAP for Kigoro-Ngethu Pipeline 1-28 January 2018 1.5.5 Socio-economic Baseline Survey The tools used for baseline survey were:  Household survey;  Observations during transect walks. (a) Household Questionnaire The household questionnaires were administered by male and female enumerators with tertiary level of education. As the questionnaire was developed in English, the training and pre testing prior of enumerators prior to the actual enumeration, included a component to enable them administer it in Swahili and Kikuyu. The enumerators were recruited from within the project area. Data collected from the household survey included:  Demographic characteristics of the PAPs;  Sources of income and economic activities of the PAPs;  Marital status of the PAPs and the number of household members who would be affected by the project.  Levels of education of the household head and other members of the PAP household;  Sources of primary income for the household  Preferred mode of compensation. (b) Observations during Transect Walks Observations were made by the study team to further inform quantitative and qualitative data collected during the field studies. Key parameters observed included conditions of housing, types of settlements, nature of trading and business activities, social interactions among the residents in the project area, land use and land cover. 1.5.6 Data Analysis The analysis of quantitative data was done using PASW (Predictive Analytics Soft Ware), formally known as Statistical Packages for Social Sciences (SPSS). Data was presented in form of prose, tables, matrices, pie charts and graphs. Data collected from the household survey was triangulated with information from site surveys, observations by the sociologist, focus group discussions and key informant interviews. 1.5.7 Basis of valuation The basic principle governing valuation for compensation is that none of the affected persons should be made worse off compared to the situation he was in before the land was acquired but on the contrary, should be made better or at least restore them to pre-displacement level. To ensure that this was achieved, the valuation was undertaken as follows: a) Valuation of land: The current market rates where used. This involved getting recent comparable land sales evidence as seen in the area and other areas of comparable agro- climatological characteristics. b) Valuation of trees and crops: Valuation was done at full replacement cost for perennial crops and 8 years income for fruit trees. For annual crops, valuation was done at full replacement value and PAPs are also given advance notice to harvest their crops. The full replacement cost includes the current market rates for the crops and lost income before the crop/tree matures. The market value was determined by undertaking a mini market inquiry where local leaders and property owners were asked to provide information on prices of trees and crops when one is buying a farm. Schedule of updated crop prices from the Ministry of Agriculture (Crops Department) was also obtained with adjustments made in consideration of crop compensation rates used in recent acquisitions within the project area. RAP for Kigoro-Ngethu Pipeline 1-29 January 2018 c) Loss of structures: Cash compensation is done at full replacement cost for construction of the structure plus transition benefits without deduction of value of salvage materials. d) Loss of business structure: Cash compensation is done at full replacement cost for construction of the structure plus rehabilitation assistance equivalent to one (1) year income and transition benefits without deduction of value of salvage materials. 1.6 Emerging Issues after Submission of the RAP Report 1.6.1 Initial Versions of the RAP Report for the Project A Resettlement Action Plan report was prepared, in accordance with the project requirements outlined in the previous section and submitted to the Athi Water Services Board, in January 2016. Initially, the report covered the land requirements for all the project pipeline infrastructure for both raw and treated from Murang’a, Kiambu and Nairobi Counties. The RAP report equally identified and developed mitigation measures for the impacts of the expected land take in accordance with the laws of Kenya and World Bank social safeguards with a focus on the Operational Policy on Involuntary Resettlement (O. P. 4.12). The initial 2016 RAP report noted that approximately 100 PAPs within the Ngethu – Gigiri treated water pipeline sections were not enumerated as they did not allow the consultant to undertake the census exercise due to historical grievances with regard to easement registration of the existing wayleave. Additional meetings were held with the affected persons with AWSB in attendance to engage the PAPs further on the historical issues and to seek a solution for purposes of the project. These meetings resulted in a split of the initial RAP Report into three sections composed of the RAP for the Raw Water Pipeline (Thika-Kigoro) and the RAP for the Treated Water Pipeline (Kigoro to Ngethu and Ngethu to Gigiri Tanks). The RAP for Thika-Kigoro pipelines was therefore prepared and submitted to AWSB in September 2017. It was also decided to include the National Land Commission (NLC) as a key part of the grievance resolution mechanism for the historical grievances in cognisance of their mandates in Alternative Dispute Resolution on land based grievances. The revised report for the Ngethu- Gigiri Section of the pipeline will therefore be updated to ensure integration of a system to manage grievances emerging from PAPs who had outstanding historical issues on the existing wayleave. 1.6.2 Update of the Kigoro-Ngethu Section of the RAP Report Following the finalisation of the RAP for Thika dam – Kigoro pipeline in September 2017, AWSB mobilised GIBB to update the baseline socio-economic data for the PAPs within the Kigoro- Ngethu Section. This was done between December 2017 and January 2018. AWSB also independently mobilised a land and asset valuer to revise the land and asset inventory in view of re-alignment of sections of the pipeline as well as in view of the time lapse since the valuation conducted by GIBB in September-October 2015, and submitted in January 2016. Lastly, AWSB mobilised the full-time field project sociologists to assist with sensitisation and mobilisation of each household / enterprise to participate in the update activities. These activities facilitated the preparation of a report to update the RAP arrangements for the section of the Pipeline that would fall under a new wayleave (Thika-Kigoro-Ngethu). As such, the complete set of RAP Study documents for the Thika-Kigoro-Gigiri Pipeline (the section from Gigiri to Kabete was removed from the works contract) are as follows: RAP for Kigoro-Ngethu Pipeline 1-30 January 2018  RAP for Thika-Kigoro dated September 2017; The RAP has been prepared and AWSB has disclosed and implemented this RAP. As the RAP was implemented prior to World Bank clearance, an audit is currently being done by the Independent Panel of Experts (IPE) to confirm compliance with World Bank Safeguard Policies. The Audit Report is expected in June 2018.  RAP for Kigoro-Ngethu dated January 2018 (this report)  RAP for Ngethu to Gigiri (Version 3 of March 2017): The consultant faced challenges in preparing the RAP for this section of the pipeline. About 100 PAPs within the section of treated water pipeline from Ngethhu to Gigiri (within Kiambu County) did not allow the consultant to undertake census and valuation. They claimed that they were not paid for the existing18m wayleave. They therefore demanded to be paid for the old wayleave plus the proposed new wayleave of 3m making it an acquisition of 21m. This is what necessitated the splitting of the RAP into 3. AWSB has sought the services of National Land Commission (NLC) in a bid to resolve the issues. The RAP will then be submitted to WB for review and approval once the consultation process with the aggrieved PAPs is completed. This Report covers the Kigoro-Ngethu section of the Pipelines. RAP for Kigoro-Ngethu Pipeline 1-31 January 2018 2 POLICY AND LEGAL FRAMEWORK 2.1 Policy Framework 2.1.1 National Land Policy According to the Land Policy, rights of ownership refer to the quantity of rights that different tenure systems confer on individuals or groups of individuals. The principal rights of ownership are the right to use, the right to dispose of, and the right to exclude others from the land owned. The definition and scope of these rights to land differ from one tenure system to another, depending on policy considerations such as the need to ensure equity in access to land. According to the Land Policy, the Kenyan cadastre is still very in-optimal. An optimum cadastre system is necessary to ensure an efficient system of land delivery. In practical terms, this would allow not only for preparation and maintenance of cadastral information that indicates who owns what interest in land; but other details such as land capability, uses, size, distribution and topographical characteristics. The policy also recognises the important of local grievance resolution mechanisms and sets forward proposals for implementation of the same. For example it calls for encouragement and facilitation of the use of Alternative Disputes Resolution (ADR) mechanisms such as negotiation, mediation and arbitration to reduce the number of cases that end up in the court system and delayed justice. With regard to land take for public purposes, Section 3.2 of the policy on compulsory acquisition has been overtaken by events since the promulgation of the 2010 Constitution. More up to date items of relevance to this RAP are enshrined in the Kenyan Constitution and the new land laws that came into effect after 2012. This policy document is important for establishment of the government’s tenets on land ownership, security of tenure and registration of land ownership instruments. The document also provides historical facts on challenges to security of tenure and settlement in the country. The policy recognizes that the land rights of vulnerable individuals and groups are not protected and are subject to bias and discrimination. Further, the vulnerable lack cohesive institutions to represent their interests. The policy identifies that while the Law of Succession Act was supposed to harmonize inheritance laws, in practice the transmission of land rights is largely done within customary law, which discriminates against women and children. To secure access to land and land based resources for vulnerable groups, the Government shall:  Develop mechanisms for identifying, monitoring and assessing the vulnerable groups;  Put in place mechanisms for redistribution of land and resettlement;  Facilitate their participation in decision making over land and land based resources;  Protect their land rights from unjust and illegal expropriation. To protect the rights of women, the Government shall:  Put in place appropriate legislation to ensure effective protection of women’s rights to land and related resources;  Repeal existing laws and outlaw regulations, customs and practices that discriminate against women in relation to land; RAP for Kigoro-Ngethu Pipeline 2-1 January 2018  Enforce existing laws and establish a clear legislative framework to protect the rights of women in issues of inheritance to land and land-based resources;  Make provision for joint spousal registration and documentation of land rights, and for joint spousal consent to land disposals, applicable for all forms of tenure;  Secure inheritance rights of unmarried daughters in line with the practices of the respective communities;  Facilitate public awareness campaigns on the need to write wills to protect dependants in the event of death;  Carry out public education campaigns to encourage the abandonment of cultural practices that bar women from inheriting family land; and  Ensure proportionate representation of women in institutions dealing with land at all levels. To secure the rights of spouses to matrimonial property, the Government shall:  Review succession, matrimonial property and other related laws to ensure that they conform to the principle of equality between women and men;  Enact specific legislation governing division of matrimonial property to replace the Married Women’s Property Act of 1882 of England;  Protect the rights of widows, widowers and divorcees through the enactment of a law on co-ownership of matrimonial property;  Put in place appropriate legal measures to ensure that men and women are entitled to equal rights to land and land-based resources during marriage, upon dissolution of marriage and after the death of the spouse; and  Put in place mechanisms to curb selling and mortgaging of family land without the involvement of the spouses. 2.1.2 World Bank Operational Policy on Involuntary Resettlement-O P 4.12 The policy requires that a Resettlement Action Plan be developed for a project that would require resettlement of people. Throughout project implementation supervision of the implementation of the resettlement instrument is done to ensure that the requisite social, financial, legal, and technical experts are included in supervision missions. Supervision focuses on compliance with the legal instruments, including the Project Implementation Plan and the resettlement instrument. The World Bank (WB) OP 4.12 includes safeguards to address and mitigate impoverishment risks arising from involuntary resettlement. For the purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. The Bank’s experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise negative socio-cultural and economic impacts on the resettled people. For this reason, the overall objectives on WB’s policy on involuntary resettlement are:  Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;  Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. RAP for Kigoro-Ngethu Pipeline 2-2 January 2018 2.1.3 World Bank Policy on Gender and Development -O P 4.20 The objective WB’s Gender and Development policy is to assist member countries to reduce poverty and enhance economic growth, human well-being, and development effectiveness by addressing the gender disparities and inequalities that are barriers to development. Projects are expected to take into consideration the gender dimensions of the proposed intervention. This study considered the gender dimensions of the project by collecting data whilst considering gender segregation. The enumeration team also had representation from both genders with respect to the fact that some women may be shy to talk to men and vice versa. A special meeting was also organised for women in the project area as part of the study activities for gender analysis in the project area. 2.2 Legal Framework 2.2.1 The Constitution of Kenya The Constitution of Kenya categorises land as follows:  Public Land;  Community Land;  Private Land. The Constitution also provides that the National Land Commission shall recommend a National Land Policy to the National Government while Parliament shall revise and enact legislation to ensure implementation of the issues outlined in it. Section 40 of the Constitution of Kenya recognizes and protects the right to private property including land. However, Section 40(3) (b) provides that the State may take possession of private land if this is necessary for public purpose or in public interests. The Constitution also requires that compulsory acquisition be preceded by prompt payment in full, of just compensation to the affected person. It also allows any person who has an interest in or right over, that property a right of access to a court of law. 2.2.2 The National Land Commissions Act 2012 This is an Act of Parliament to make further provision as to the functions and powers of the National Land Commission, qualifications, and procedures for appointments to the commission; to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes. Compulsory Acquisition in Kenya is also to be handled by the National Lands Commission. Other mandates of the Commission include management of public land on behalf of the national and county governments. The Act also mandates the Commission to ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations. Thirdly, the Act empowers the Commission to administer all unregistered trust land and unregistered community land on behalf of the county government. RAP for Kigoro-Ngethu Pipeline 2-3 January 2018 2.2.3 The Land Act 2012 This is an Act of Parliament intended to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. (a) Principles and values to guide Land management and administration Parts 1 and 2 of section 4 of the Act outline the main guiding principles in land management and administration, binding to all land actors including state officers. These principles are to be applied when enacting, applying or interpreting any provisions of this Act; and when making or implementing public policy decisions. In discharging their functions and exercising of their powers under this Act, the Commission and any State officer or Public officer shall be guided by the following values and principles:  Equitable access to land;  Security of land rights;  Sustainable and productive management of land resources;  Transparent and cost effective administration of land;  Conservation and protection of ecologically sensitive areas;  Elimination of gender discrimination in law, customs and practices related to land and property in land;  Encouragement of communities to settle land disputes through recognized local community initiatives;  Participation, accountability and democratic decision making within communities, the public and the Government;  Technical and financial sustainability;  Affording equal opportunities to members of all ethnic groups;  Non-discrimination and protection of the marginalized;  Democracy, inclusiveness and participation of the people and  Alternative dispute resolution mechanisms in land dispute handling and management. (b) Compensation in respect to public right of way Section 143 of the act empowers the Commission to create public rights of way. A public right of way may be: (a) a right of way created for the benefit of the national or county government, a local authority, a public authority or any corporate body to enable all such institutions, organisations, authorities and bodies to carry out their functions, referred to in the Act as a wayleave; or (b) a right of way created for the benefit of the public, referred to in section 145 of this Act as a communal right of way . A public right of way shall attach to and run with the servient land in respect of which it has been created and shall be binding on all owners from time to time of the servient land, any manner they are occupying the land, whether under a land or a derivative right thereof, or under customary law or as a successor in title to any such owner or as a trespasser. This section is relevant to the tunnel as its right of way is expected to run under private land. Section 144 (1) states that an application, for the creation of a wayleave, shall be made by any State department, or the county government, or public authority or corporate body, to the NLC. In applying for wayleave, section 144(4) requires the applicant to serve a notice on:  All persons occupying land over which the proposed wayleave is to be created, including persons occupying land in accordance with customary pastoral rights; RAP for Kigoro-Ngethu Pipeline 2-4 January 2018  The county government in whose area of jurisdiction land over which the proposed wayleave is to be created is located;  All persons in actual occupation of land in an urban and per-urban area over which the proposed wayleave is to be created; and  Any other interested person. Subsection (5) requires the Commission to publish the application along the route of the proposed wayleave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed wayleave is likely to be created. Section 145 (1) provides that a county government, an association, or any group of persons may make an application to the commission for a communal right of way. Once an application has been made to the Commission, the determination for creation of a wayleave is conducted as per section 146 of the act and includes:  The Commission, after at least ninety days from the date of the serving of notices, considering all the information received and all representations and objections made by any person served with a notice and recommending to the Cabinet Secretary whether to:(i) appoint a public inquiry to give further consideration to the representations and objections; or (ii) refer the application to the County Government for its opinion on whether to approve the application; or (iii) initiate and facilitate negotiations between those persons who have made representations on the application and the applicant with a view to reaching a consensus on that application;  The Cabinet Secretary determining whether or not to create to create a public right of way, after taking account, as the case may be, of: (a) the recommendations of the Commission; or(b) the advice of the county government; or (c) the outcome of any negotiations referred to above;  The Cabinet Secretary creating a public right of way by order in the Gazette. The order comes into force thirty days after its publication in the gazette. An appeal against an order creating the wayleave is allowed within six weeks after the order has been made. Such appeal is made to the Court on a point of law against an order made by the Cabinet Secretary, but apart from such an appeal, an order of the Cabinet Secretary shall not be questioned by way of judicial review or otherwise in any court. According to section 148, prompt compensation shall be payable (by the State Department, county government, public authority or corporate body that applied for the public right of way) to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a wayleave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer. In case of disagreement or dissatisfaction on amount or method of or time taken to make payment, the affected individual may apply to court for determination and award. Section 148 (6) stipulates that the Commission shall make regulations prescribing the criteria to be applied in the payment of compensation. However, these regulations are yet to be gazetted. (c) Acquisition of private land for public use Section 110 (1) of the Land Act 2012 states that land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfillment of the stated public purpose. RAP for Kigoro-Ngethu Pipeline 2-5 January 2018 Under such an acquisition, section 111(1) provides that if land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The procedure for land acquisition is laid out in Part VIII of the Act. The procedure can be summarised as outlined in Figure 2-1. Highlights of requirements under this process are:  The Act requires that the owners, residents and their spouses should also be notified; as opposed to just the owners;  The inspector would also have to get the consent of the occupier and give them not less than seven days’ notice to enter the premises;  The Commission shall have the power of a court to summon and examine witnesses and compel the production and delivery to the Commission of documents of title to the land;  Separate award of compensation to every person. An award is final and conclusive evidence of the size of the land, the value in the opinion of the Commission and the amount of compensation payable, whether or not the person attends the inquiry;  Regulations and rules pertaining to this process are yet to be gazetted;  Section 128 of the Land Act states that any dispute arising out of any matter provided for under this Act may be referred to the Land and Environment Court for determination. (d) Land transfers Section 43 defines “transfer” as a conveyance, an assignment, a transfer of land, a transfer of lease or other instrument used in the disposition of an interest in land by way of transfer. It further provides that a proprietor may transfer land, a lease or a charge to any person (including himself or herself), with or without consideration, by an instrument in the prescribed form and that the transfer shall be completed by the registration of the transferee as proprietor of the land, lease or charge. From this provision, the transferee of a charge may require the charger to execute the transfer for the purpose of acknowledging the amount due under the charge at the date of execution of the transfer. (e) Transmission of land ownership upon death The provisions of this law are relevant to the process of succession for any PAPs who are yet to update land ownership documents due to death of the registered land owner. Section 49, 50 and 51 provide that if one of two or more joint proprietors of any land, lease or charge dies, the Registrar shall, on proof of the death, delete the name of the deceased from the register by registration of the death certificate. Also, if a sole proprietor or a proprietor in common dies, the proprietor’s personal representative shall, on application to the Registrar in the prescribed form and on production to the Registrar of the grant, be entitled to be registered by transmission as proprietor in the place of the deceased with the addition after the representative’s name of the words “as executor of the will of (..........................) [deceased]” or “as administrator of the estate of (..............................) [deceased]”, as the case may be. Upon production of a grant for the above, the Registrar may, without requiring the personal representative to be registered, register by transmission; RAP for Kigoro-Ngethu Pipeline 2-6 January 2018 a) Any transfer by the personal representative; and b) Any surrender of a lease or discharge of a charge by the personal representative. In this section, “grant” means the grant of probate of the will, the grant of letters of administration of the estate or the grant of summary administration of the estate in favour of or issued by the Public Trustee, as the case may be, of the deceased proprietor. Subject to any restriction on a person’s power of disposing of any land, lease or charge contained in an appointment, the personal representative or the person beneficially entitled on the death of the deceased proprietor, as the case may be, shall hold the land, lease or charge subject to any liabilities, rights or interests that are unregistered but are nevertheless enforceable and subject to which the deceased proprietor held the same, but for the purpose of any dealing the person shall be deemed to have been registered as proprietor thereof with all the rights conferred by this Act on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration. The registration of any person as aforesaid shall relate back to and take effect from the date of the death of the proprietor. 2.2.4 Land Laws (Amendment) Act, 2016 Section 44(b) (2) (b) of this act states that: (2) The Commission shall establish and maintain a register containing- ……….. (b) the names and addresses of all persons whose land has converted to public through compulsory acquisition or reversion of leasehold. ……… These provisions once enacted will be critical in management of public land acquired for establishment of infrastructure as they would provide a record of publicly acquired land. 2.2.5 Land Acts Repealed by the Land Act 2012 The following Acts were repealed through the Land Act 2012:  The Wayleave Act, Cap 292;  The Land Acquisition Act, Cap 295. 2.2.6 The Land Registration Act 2012 This is an Act of Parliament intended to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. Section 7(1) of the Act provides for establishment of a land registry in each registration unit which shall keep registers of the following regarding land:  A land register, in the form to be determined by the Commission;  The cadastral map;  Parcel files containing the instruments and documents that support subsisting entries in the land register.  Any plans which shall, after a date appointed by the Commission, be geo-referenced;  The presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry;  An index, in alphabetical order, of the names of the proprietors; and  A register and a file of powers of attorney. RAP for Kigoro-Ngethu Pipeline 2-7 January 2018 Further, section 9 (1) provides that the Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format. These documents include:  Publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter;  Electronic files; and  An integrated land resource register. The register, as provided for in part 2 of section 9, shall contain the following particulars;  Name, personal identification number, national identity card number, and address of the proprietor;  In the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal;  Names and addresses of the previous proprietors;  Size, location, user and reference number of the parcel; and  Any other particulars as the Registrar may, from time to time, determine. These provisions are essential throughout the RAP process including the verification of land ownership and update of land ownership documentation arising from acquisition of the wayleave and land for intake and water storage facilities. 2.2.7 Land Acts Repealed by the Land Registration Act 2012 The following Acts have since been repealed through the Land Registration Act 2012 and other related new legislations to give effect to the new constitution:  The Indian Transfer of Property Act, 1882;  The Government Land Act, Cap. 280;  The Registration of Titles Act, Cap. 281;  The Land Titles Act, Cap. 282;  Registered Land Act, Cap. 300. 2.2.8 The Land and Environment Court Act 2011 This is an Act of Parliament to give effect to Article 162 (2) (b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected purposes. The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act. Section 13 (2) (b) of the Act outlines that in exercise of its jurisdiction under Article 162 (2) (b) of the Constitution, the Court shall have power to hear and determine disputes relating to environment and land, including disputes:  Relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources;  Relating to compulsory acquisition of land;  Relating to land administration and management;  Relating to public, private and community land and contracts, chooses in action or other instruments granting any enforceable interests in land; and  Any other dispute relating to environment and land. RAP for Kigoro-Ngethu Pipeline 2-8 January 2018 Section 24 (2) also states that the Chief Justice shall make rules to regulate the practice and procedure, in tribunals and subordinate courts, for matters relating to land and environment. Relevance: In case of any disputes relating to compensation if not solved at the project level can be forwarded to the Land and Environment Court 2.2.9 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 An Act of Parliament to make provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities and give effect to the Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purpose. Section 3 of the Act state that ‘displacement and relocation due to dev elopment projects shall only be lawful if justified by compelling and overriding public interests and in accordance with the conditions and procedures in Article 5 of the Protocol, Principles 7-9 of the Guiding Principles and as specified in sections 21-22 of this Act. Displacement and relocation which come about due to development projects or projects to preserve the environment should be:  Authorized and carried out in accordance with the applicable law;  Justified by compelling and overriding public interests in the particular case; and  Conducted when no feasible alternatives exist. 2.2.10 The Matrimonial Property Act 2013 The Matrimonial Property Act 2013 sets out the law and procedures for creation and division of a marital estate. It also stipulates how and by whom matrimonial property should be managed as well as how it should be divided at the end of a marriage. Under section 6 of the Act, Matrimonial Property is described as the matrimonial home, household goods and effects in the matrimonial home, immovable property owned by either spouse, which provides basic sustenance for the family and any other property acquired during the subsistence of the marriage which the spouses expressly or impliedly agree to be matrimonial property. Under section 3 (2) of the act, the parties to a marriage have equal rights and obligations at the time of the marriage and at the dissolution of it. Matrimonial property shall be deemed to vest in the spouses in equal shares regardless of the contribution of either of them towards the acquisition thereof. Section 12(1) provides that no estate or interest in any matrimonial property shall be alienated in any manner without the prior consent of both spouses and that neither spouse shall be liable to be evicted from' the matrimonial homes except in accordance with a court order. The provisions of this Act are relevant to the recognition of the role of both spouses in the decisions connected to matrimonial property to be affected by the project, and especially compensation payment on the same. RAP for Kigoro-Ngethu Pipeline 2-9 January 2018 2.3 Comparison of World Bank Policies and Kenyan Law A comparison of the Kenyan laws and WB requirements is presented in Table 2-1 overleaf. This comparison was conducted with the following considerations:  None of the affected land parcels fall under the category of community land, therefore the community land Act is not included in the comparison;  The affected persons are either:  Land owners as recognised by land ownership instruments and related records as prescribed by Kenyan law;  Tenants of land owners in the above category;  The ratification status or coming into force of the International Treaties and Conventions included in this review was not included in the conduct of this analysis. The inclusion of these documents was to provide perspective at the policy level. RAP for Kigoro-Ngethu Pipeline 2-10 January 2018 Table 2-1 Comparison between World Bank Operational Policies and Kenya Policy and Laws Aspect World Bank Policy The Constitution Kenyan Laws Remarks Consultation O.P 4.12-Paragraph 2(b): Access to Information Act Community sensitisation and Access to information. meetings were held to provide Engagement of Displaced persons should be AN ACT of Parliament to give effect to information as required in WB 35. (1) Every citizen has the right of PAPs meaningfully consulted and should Article 35 of the Constitution; to confer on Policy (See Minutes of Meeting access to— have opportunities to participate in the Commission on Administrative Justice and public participation chapter planning and implementing the oversight and enforcement functions on key aspects discussed during a. Information held by the State; and resettlement programs. and powers and for connected purposes. community sensitisation). b. Information held by another person Paragraph 6 (a) It provides limitation on access to Key objectives of the community and required for the exercise or information on matters of national security meetings and the achievements protection of any right or fundamental The resettlement plan or but also states in Section 6. (4): of the program are as presented freedom. resettlement policy framework in Chapter 4 of this Report. includes measures to ensure that Despite anything contained in subsections the displaced persons are: (1) and (2), a public entity or private body In addition to engagement of may be required to disclose information PAPs in preparation of the RAP, (i) Informed about their options Obligations in respect of the where the public interest in disclosure the Bank Approved Report and rights pertaining to environment. outweighs the harm to protected interests as should be presented to affected resettlement; 69. (1) The State shall— shall be determined by a Court. persons in form, manner and …… Environmental (Impact Assessment and language that is understandable (ii) Consulted on, offered choices Audit) (Amendment) Regulations, 2016 to the affected persons. among, and provided with (d) encourage public participation in the technically and economically management, protection and Section 7.(l) During the process of It should also be disclosed in a feasible resettlement conservation of the environment. conducting an environmental impact location that is publicly available alternatives. assessment study under these Regulations, to PAPs. the proponent shall in consultation with the Authority, seek the views of persons who The disclosure arrangements may be affected by the project. provided in this Report with regard to the RAP report itself It then provides the modalities for notices prior to its implementation, as and a minimum number of meetings to be well as integration of a PAP held. sensitisation program into the Land Act, 2012 RAP Implementation Schedule, aim at achieving this Section 107: requirement. (See Chapter 4, 6, On approval of an application for land 7 and 8 of this Report). acquisition: (5) Upon approval of a request under subsection(1), the Commission shall publish a notice to that effect in the Gazette and the county Gazette, and shall deliver a copy of RAP for Kigoro-Ngethu Pipeline 2-1 January 2018 Aspect World Bank Policy The Constitution Kenyan Laws Remarks the notice to the Registrar and every person who appears to the Commission to be interested in the land. Section 112 also provides procedures for hearings where interested parties can present their case to the commission. The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 22. (1) Subject to the Constitution and section 21 (2) of this Act and prior to the decision to give effect to the displacement of persons due to development projects or projects to preserve the environment, the Government shall- (a) seek the free and informed consent of the affected persons; and (b) hold public hearings on the project planning. (2) The decision to give effect to the displacement of persons shall give the justification for the displacement and demonstrate that the displacement is unavoidable and no feasible alternatives exist. The decision shall contain detailed justification on the alternatives explored. RAP for Kigoro-Ngethu Pipeline 2-2 January 2018 Aspect World Bank Policy The Constitution Kenyan Laws Remarks Eligibility 15. Criteria for Eligibility. Displaced (3) The State shall not deprive a person of The Prevention, Protection and The Bank’s policy on eligibility Criteria persons may be classified in one of property of any description, or of any Assistance to Internally Displaced criteria and entitlements was the following three groups: interest in, or right over, property of any Persons and Affected Communities Act, adopted in this RAP Report. description, unless the deprivation— 2012 (a) those who have formal legal (a) results from an acquisition of land or rights to land (including "internally displaced person" means a an interest in land or a conversion of person or groups of persons who have customary and traditional an interest in land, or title to land, in rights recognized under the been forced or obliged to flee or to leave accordance with Chapter Five; or their homes or places of habitual laws of the country); residence, in particular as a result of (b) is for a public purpose or in the public ………. large scale development (b) those who do not have formal interest and is carried out in projects.........and who have not crossed legal rights to land at the time accordance with this Constitution and an internationally recognized State the census begins but have a any Act of Parliament that— border” claim to such land or assets— provided that such claims are (i) requires prompt payment in full, of just recognized under the laws of compensation to the person; and the country or become (ii) allows any person who has an interest recognized through a process in, or right over, that property a right of identified in the resettlement access to a court of law. plan (see Annex A, para. 7(f)); and19 (c) those who have no recognizable legal right or claim to the land they are occupying. Entitlement for 16. Persons covered under para. Compensation 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistance20 in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the RAP for Kigoro-Ngethu Pipeline 2-3 January 2018 Aspect World Bank Policy The Constitution Kenyan Laws Remarks Bank.21 Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land. Valuation and Paragraph 6 (a) After Repeal of the Compulsory Acquisition The previous (repealed) Prompt Act, regulations for Valuation valuation procedures were Compensation The resettlement plan or methodologies are to be developed under based on market values while resettlement policy framework the requirements for Compulsory World Bank policy requires that includes measures to ensure that Acquisition as outlined in the Land Act. compensation be based on full the displaced persons are: replacement cost. The now repealed Compulsory Acquisition (iii) Provided prompt and Act required that valuation be based on The valuation methodology effective compensation at full market value of affected crops and applied in this study is in line with replacement cost for losses of properties. the World Bank requirements on assets attributable directly to full replacement cost. the project. The Prevention, Protection and Assistance to Internally Displaced The Rap Implementation Displaced persons should be Persons and Affected Communities Act, Arrangements proposed in this assisted in their efforts to improve 2012 RAP also aim and compliance their livelihoods and standards of with the Policy and the living or at least to restore them, in Section 22: Constitution of Kenya on prompt, real terms, to pre-displacement (4) The Government shall ensure that the full and just compensation. levels or to levels prevailing prior to displacement is carried out in manner that is the beginning of project respectful of the human rights of those implementation, whichever is affected, taking in particular into account the higher. protection of community land and the special needs of women, children and persons with special needs. Section 9: (2) Without limiting the generality of the subsection (1), the following conditions for durable solutions shall apply: ...... (b) full restoration and enjoyment of the freedom of movement; (c) enjoyment of an adequate standard of living without discrimination; RAP for Kigoro-Ngethu Pipeline 2-4 January 2018 Aspect World Bank Policy The Constitution Kenyan Laws Remarks (d) access to employment and livelihoods; (e) access to effective mechanisms that restore housing, land and property; …….. (i) access to justice without discrimination. Monitoring and The World Bank policy requires --- The laws of Kenya on Compulsory This RAP outlines a monitoring Evaluation collection of baseline socio- Acquisition (Land Act, 2012), are not explicit and evaluation framework for economic data as a basis for on monitoring of the efficacy of use by AWSB during monitoring the efficacy of livelihood compensation modalities to ensure implementation of the restoration measures proposed in livelihood restoration of displaced persons. resettlement program. resettlement instruments. However: It also outlines the responsibilities of the borrower and the Bank in The Prevention, Protection and monitoring and evaluation of the Assistance to Internally Displaced borrower’s compliance with the Persons and Affected Communities Act, resettlement instrument. Upon 2012 completion of the project, the borrower is required to undertake Section 22 an assessment to determine whether the objectives of the (5) The Government shall ensure the resettlement instrument have been presence of a Government official when the achieved. If the assessment reveals displacement and relocation is effected and that these objectives may not be the monitoring by an independent body. realized, the borrower proposes follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate”. RAP for Kigoro-Ngethu Pipeline 2-5 January 2018 Aspect World Bank Policy The Constitution Kenyan Laws Remarks Grievance Paragraph 13: Article 159 on Judicial Authority: The Land Act 2012 recognizes the right of This RAP has given proposals Mechanisms the affected persons to refer their disputes for local grievance mechanisms Appropriate and accessible (2) In exercising judicial authority, the to the Land and Environment Court, while to promote compliance with the grievance mechanisms are courts and tribunals shall be guided by the the Land Policy advocates for negotiation, Kenyan and World Bank established for these groups. following principles— mediation and arbitration to reduce the policies. number of cases that end up in the court i.e. Displaced persons and their system and delayed justice. Similarly, the communities, and any host (c) alternative forms of dispute resolution World Bank guidelines and policies call for communities receiving them including reconciliation, mediation, appropriate and accessible grievance arbitration and traditional dispute handling mechanisms for both displaced resolution mechanisms shall be persons and host communities. promoted, subject to clause (3); …………. (3) Traditional dispute resolution mechanisms shall not be used in a way that— (a) contravenes the Bill of Rights; (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or (c) is inconsistent with this Constitution or any written law. RAP for Kigoro-Ngethu Pipeline 2-6 January 2018 3 SOCIO-ECONOMIC PROFILE OF THE PAPS 3.1 Administrative Boundaries The proposed Kigoro-Ngethu pipeline will traverse two counties namely Murang’a and Kiambu. In Murang’a the project will pass through Gatanga Sub-County, in Kiambu the project will pass through one sub-counties namely Gatundu North. The map showing the project alignment within Murang’a and Kiambu counties is as shown if figure 1-1 in Chapter 1. The pipelines will traverse several locations as shown in Table 3-1. Table 3-1: Administrative units along the project area County Sub County Division Location Ndakaini Murang’a Gatanga Kigoro Ndunyu Chege Kigoro Chania Gituamba Kiambu Gatundu North Makwa Kairi 3.2 Population Size and Composition 3.2.1 Population Distribution and Gender Composition For the affected 172 land parcels, the total number of PAP households is 286. The breakdown of these households is as follows:  177 Land owners: Due to the fact that four parcels are co-owned by a number of individuals;  4 Lesees who only own crops;  105 sons, daughters, grandsons and grand-daughters who only own crops. The PAPs sampled for the update of the socio-economic baseline data represent 36% of the total number of PAPs. The population distribution of the PAPs in Murang’a and Kiambu was found to consist of more men (72.1%) than women (27.9%). It was also noted that in Murang’a and Kiambu, the largest age group was between 50-59 years followed by 60 -69 years. Children between the ages of 10 -19 was the least group followed by those between the ages of 0-9 years. RAP for Kigoro-Ngethu Pipeline 3-1 January 2018 Figure 3-1: Gender Distribution among PAP Households From the analysis shown in figure 3-1, it was noted that there are slightly more male PAPs (53%) than there are female (47%). It will be important to ensure that both the men and women household heads are advised on how to spend the money in efforts to restore their livelihoods. This includes requirements for opening of joint accounts with assistance from AWSB where possible. In addition, it might also be necessary to ask the PAPs to be accompanied with their spouses or immediate family to minimise issues of a PAP misappropriating the cash. 3.2.2 Religion Christianity is the largest religion at 94% where 77% are Protestants, while 17% are Catholics. Muslims form only 1% of the PAP population while indigenous religious groups account for 5%. as shown in Figure 3-2. Figure3-2: PAPs religion This relative homogeneity in belief systems reflected by the response of a majority of the population will ease the process of resettlement and integration in case there will be need of relocation of the affected population from the proposed wayleave. RAP for Kigoro-Ngethu Pipeline 3-2 January 2018 3.3 Land Use and Land Tenure 3.3.1 Land Use The major land use onsite as indicated by the PAPs include cash crop farming at 55% followed by residential land use at 21%. The other land use along the proposed wayleave was found to be pasture/fodder grounds (10%), subsistence farming (9%). Graves/burial grounds and business premises take up the least land use patterns at 3% each. Figure 3-3: Land use patterns on site 3.3.2 Land Tenure The land in Murang’a and Kiambu County is under freehold tenure and most of the lands have titles. The other form of land tenure is public land that is owned by the government, these are mostly used for public utilities such as power, water supply lines and roads. Majority of the PAPs surveyed (79%) are land owners while (19%) are land tenants. RAP for Kigoro-Ngethu Pipeline 3-3 January 2018 Figure 3-4: Land ownership by PAPs The land tenants include spouses and daughters of the registered land owners. While under the marital properties act the spouses would retain land rights, depending on the enforcement of the act, the daughters of the land owners do not have any land rights. However, neither of the two groups pay rent to the land owner, as they are family to the registered land owner. The actual words applied during the engagement process is that they were “allowed” to farm on the property. This is also supported by kikuyu culture where women of the household were also allowed to farm within the property of the household head. From the engagement process during the RAP study, both groups do not pay rent to the land owner. 3.4 Energy 3.4.1 Energy Source for cooking From the survey analysis in Figure 3-5, the most common source of energy for cooking used by the PAPs is firewood (44%), while the least source of energy for cooking was electricity (3%) as most of the PAPs indicated that it was too expensive. RAP for Kigoro-Ngethu Pipeline 3-4 January 2018 Figure 3-5: Energy sources for cooking 3.4.2 Energy Source for Lighting Electricity is largely used for lighting purposes among all the PAPs (62%) followed by kerosene lamp (31%). The least form of energy used for lighting is LPG gas at 1%. The PAPs indicated that during power blackouts, they resorted to using rechargeable batteries (6%) and kerosene lamps. During resettlement, in cases where a PAP prefers land for land compensation, it will be important for the PAPs to be resettled in areas where they can access energy sources previously available to them. Figure 3-6: Energy sources for lighting RAP for Kigoro-Ngethu Pipeline 3-5 January 2018 3.5 Transport and Communication 3.5.1 Transport Murang’a and Kiambu County are served by different class of roads that has opened up the county to markets for the tea, macadamia, bananas and coffee. The project area has a number of murram roads of class D, E, F, G that run through the County connecting the farms to the buying centres and factories. The Major form of motorised transport is through the use of motorcycle taxis ( bodaboda) and 14 seater Public Service Vehicles. Non-motorised transport modes such as donkey pulled carts are also available in the area. The roads that are expected to be affected were noted to be under KURA and KeRRA. The constituency roads officer indicated that maintaining roads within Murang’a and Kiambu are critical for transportation of Tea and Coffee from the farms to the processing factories. Disruption of these roads is expected to affect the delivery of coffee to the factories thus affecting the livelihoods of the people using them. 3.5.2 Communication In the entire project area, it was noted that majority of the PAPs (92%) have access to mobile phones and use it as the main mode of communication, 1% of the PAPs have postal addresses through which they receive mails. The PAPs who did not have access to either mobile phones or postal addresses have access to mobile phones belonging to neighbours or relatives. This is particularly important when communicating dates for RAP disclosure meetings; this is a sure way to ensure all the PAPs have been notified of the meetings in time. 3.6 Water and Sanitation 3.6.1 Water Sources The study established that majority (59%) of the PAPs have access to piped water system either connected to their homesteads (32%) or communal water points (27%). WHO categorises bottled and piped water as improved water sources, during resettlement, damages to the water supply infrastructure might lead the PAPs to use alternative water sources such as rivers that are an unimproved water source. Rain water harvesting is a common practice among the PAPs as it was the second most common source of water at 12% who harvest the rain water using water tanks connected to roof gutters. Water vendors were also a source of water for the PAPs at 4% and is not considered as an improved water source by WHO despite it being sourced from water kiosks. 7% of the PAPs indicated protected springs as their source of water. Protected springs are considered improved water sources as per WHO standards although are highly susceptible to ground water pollution which might occur during construction. Figure 3-7 shows the water sources used by the PAPs along the proposed wayleave. RAP for Kigoro-Ngethu Pipeline 3-6 January 2018 Figure 3-7: Water sources used by used by PAPs 3.6.2 Access to Water Ease of access to a water source is a factor of time and distance, according to UN standards, a water source is considered accessible if it is less than 1Km away from the intended consumer. The survey results indicated that majority of the PAPs (83%) access water sources in less than 30 minutes while walking reducing water-carrying burdens, which in turn increases children attendance at school as well as mothers time for household activities. This shows that the PAPs live in close proximity to the water source which is mainly piped water, springs or streams located near their homesteads. Figure 3-8 shows the duration taken to fetch water that more often is a task delegated to and women and children. Resettlement within the same locale is therefore critical to ensuring that the PAPs do not have to cover more distance and time to access the water source. Figure 3-8: Time taken to water source RAP for Kigoro-Ngethu Pipeline 3-7 January 2018 3.6.3 Modes of Water Treatment PAPs households use different purification strategies to make water safe for consumption. Figure 3-9 shows the most common method for treating water for domestic consumption is boiling (57%). 42% of the PAPs indicated that they do not treat water as they trust its safety. The percentage of persons who treat their water is relatively high compared to those who do not. These results indicates that sensitisation of the PAPs and the community at large on water and sanitation issued is key to avert and reduce cases of water borne diseases. Figure 3-9: Water treatment methods used by PAPs 3.6.4 Quantity of Water Used According to WHO, the average water use for drinking, cooking and personal hygiene is at least 15 litres per person per day. Considering the average household size of the PAPs is 4, Figure 3-10 indicates the amount of water used by PAPs and their households. Figure 3-10: Amount of water used by PAPs RAP for Kigoro-Ngethu Pipeline 3-8 January 2018 3.6.5 Sanitation From the survey analysed in figure 3-11, there are two types of sanitation facilities. It is estimated that about 93% of the PAPs in the project area use pit latrines while 7% use flush toilets. A few PAPs who had flush toilets within their households were using Offsite sanitation. Figure 3-11: Toilet facility used by PAPs 3.7 Health 3.7.1 Disease Incidence From the responses gathered from the PAPs, it was noted that majority of them suffered from common cold (63%), headaches (19%) and eye infections (7%). Figure 3-12: Prevalent ailments RAP for Kigoro-Ngethu Pipeline 3-9 January 2018 3.7.2 Health Facilities During the survey, it was observed that majority of the PAPS (81%) live within 5 Km of major health facilities, this helps them reduce the time taken and distance covered to seek medical care. PAPs access the hospitals by use of public transport vehicles, motorbikes or on foot to access health facilities. Figure 3-13 shows the distance covered by PAPs to the nearest medical facility Figure 3-13: Distance covered to health facilities 3.8 Education 3.8.1 Highest Level of Education The household survey findings show that majority of the PAPs (26% male and 24% female) have attained basic primary school education. 20% male and 20% female have attained secondary school education. Disruption of household livelihoods might lead to increase of cases RAP for Kigoro-Ngethu Pipeline 3-10 January 2018 of school dropouts if the PAPs incomes are not restored. In cases of resettlement, the increase in distance from the initial schools the PAPs attended might impact negatively on the performance of the PAPs. Figure 3-14 shows the education levels among the PAPs. Figure 3-14: Education level among PAPs 3.8.2 Distance to Educational Facility The PAPs indicated that there are several schools in the area and majority of them (53%) attend schools less than 2km away. Should relocation of some of the PAPs occur, it will be necessary that they be resettled within the 2km radius of the schools to reduce the impact on education. Figure 3-15 shows the distances covered by the PAPs to educational facilities. Figure 3-15: Distance to educational facility 3.9 Economic Activities 3.9.1 Income Sources Majority of the PAPs engage in farming as their primary (79%) and secondary sources of income (73%). Salaried employment is the second most common primary source of income at 9% while RAP for Kigoro-Ngethu Pipeline 3-11 January 2018 small scale commercial trading is the second common source of secondary income. The incomes activities conducted by the PAPs are as indicated in figure 3-16. Figure 3-16: Income sources of the PAPs 3.9.2 Monthly Household Income From the survey results as shown in figure 3-17, majority of the households (64%) have an average monthly income of less than 30,000 a month, while 35% have an average monthly income of above Kshs30, 000. Sensitisations and capacity building on financial management skills is therefore important to protect PAPs from the risk of misusing compensation funds for their immediate needs. There is also a risk of PAPs misusing the funds especially for those PAPs who will receive huge sums of money that they have never handled before. Figure 3-17: Monthly household income RAP for Kigoro-Ngethu Pipeline 3-12 January 2018 3.10 Housing and Settlement From analysis shown in figure 3-18 and observation during the survey, majority of the PAPs have houses with iron sheet roofing (83%), Cemented floors (72%) and stone walls (69%). There are also houses that were made of wooden floors and walls. Figure 3-18: Type of housing material RAP for Kigoro-Ngethu Pipeline 3-13 January 2018 4 PUBLIC CONSULTATION AND DISCLOSURE 4.1 Background The Kenyan Constitution promotes public participation as one of the national values and principles of governance. Chapter Eleven of the Constitution on “ Objects and Principles of Devolved Government” also calls for enhancement of “participation of the people in the exercise of the powers of the State and in making decisions affecting them.” The World Bank Policy on Involuntary Resettlement gives policy direction on consultation of affected persons where it states “displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs ” (Paragraph 2b). It also requires the following as elements of a participation plan: “Involvement of resettlers and host communities, including:  A description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities;  A summary of the views expressed and how these views were taken into accounting preparing the resettlement plan;  A review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals, families, or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centres, cemeteries); and;  Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented” (Annex A, paragrap h. 15). According to the World Bank Resettlement Source Book, participation is important because the success of resettlement depends on the responsiveness of the people affected. The displaced persons must themselves be able and willing participants if they are to return to productivity and resume responsibility for their lives. 4.1.1 Objectives of the Public Consultation The specific objectives of the consultation process were to:  Make the resettlement process participatory and transparent;  Facilitate the development of appropriate and acceptable entitlement options;  Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms.  Minimise the risk of poor co-ordination through establishment of communication channels and redress mechanisms as early as the RAP Study phase;  Providing a platform for future consultation by:  Reducing conflict through early identification of contentious issues;  Improving transparency and accountability of decision making;  Facilitating participation to increase public confidence in the RAP process;  Identifying local leaders with who further dialogue can be continued in subsequent stages of the project.  Establishment of cut-off date RAP for Kigoro-Ngethu Pipeline 4-14 January 2018 Public consultation process for the Pipeline project took place through-out the ESIA study process starting with the Scoping Stage through to the Detailed ESIA stage. To facilitate direct involvement by PAPs, special measures were put in place to ensure discussion on resettlement related issues at all forums. In addition, the area Chiefs were sensitised during the mobilisation for public participation, to ensure that PAPs are part of the persons participating in the meetings. Similarly during the household survey, the enumerators were trained to identify PAP households to ensure that the questionnaire with elements specific to RAP was administered to these households during the household survey. The PAPs were also engaged in detail during the development of the Land and Asset Inventory. Specific forms filled at household level are provided in Volume III of this Report. 4.2 Stakeholder Engagement To enhance maximum participation and achieve a better output, the right stakeholders were taken on board. This was done through stakeholder identification and involvement based on their needs, interests, relative power and potential impact on project outcome. In this regard, two broad categories of stakeholders were identified. These include:  Primary stakeholders – those who are the beneficiaries of a development intervention or those directly affected (positively or negatively), by the project, commonly referred to as Project Affected Persons (PAPs). For purposes of the RAP, these include:  Households, businesses, organised community groups as well as government / public institutions and private institutions who are to be impacted through land take, displacement and resettlement;  The RAP implementation Agency i.e. AWSB  Secondary stakeholder- those who influence development or are indirectly affected by the project especially those stakeholders involved in resettlement planning and implementation. For purposes of the RAP these include:  Murang’a and Kiambu County Government representatives;  National government agencies with mandates impacting land take, resettlement and livelihood streams of the PAPs;  Civil Society Organisations with experience or on-going activities related to the livelihood streams of the PAPs;  Any other stakeholders of relevance to the resettlement process. 4.3 Previous Consultations Different strategies of consultation were adopted depending on the role each target group played in the area. Notifications of these meetings were done during the reconnaissance tour and the courtesy visits at various offices of the Assistant County Commissioners along the proposed route. The notices were given at least one week for public meetings and three days for government officials and CSOs prior to the meeting day to allow them time for preparation. The study team held introductory meetings with key stakeholders at the scoping stage between 10- 22 April, 2014. These meetings served as an introduction of the Northern Collector Tunnel- Phase 1 project and set the ground for the ESIA studies ad RAP studies held from the month of August to early October, 2014. Consultations with the Sub-County administration in Kangema and Kigumo Sub-Counties were done during the preliminary field visits to notify them of the proposed project as well as to aid in identification of relevant institutional stakeholders to be consulted during the ESIA study. RAP for Kigoro-Ngethu Pipeline 4-15 January 2018 The key stakeholders that were consulted included:  Mr. J.G Kamau- Deputy County Commissioner (DCC) - Kangema Sub County;  Mr. Charles Langata- Assistant County Commissioner (ACC) on behalf of the DCC - Kigumo Sub County;  Mr. David Gichoni- Sub County Water Officer- Kigumo Sub County;  Ms. Faith Mbathi- Service Water Officer (WRMA) – Murang’a Sub Region;  Hon. Anderson Muchemi Waweru- Member of the County Assembly- Kangari Ward;  Hon. Caroline Wairimu Njoroge – Member of the County Assembly- Kigumo Ward;  Hon. Charles Mwangi Kirigwi – Member of the County Assembly- Kinyona Ward;  Hon. Peter Irungu Kihungi- Member of the County Assembly – Kanayanyaini Ward;  Hon. David Muhoro Njeri – Member of the County Assembly – Kariara Ward 4.4 Public Consultation during the RAP Study Various approaches were employed by the field team during the stakeholders’ consultation process. These included consultative and participatory meetings, interviews, discussions and administering of questionnaires. Due to different levels of stakeholders and their roles regarding the project, the consultative meetings were carried out on various levels of stakeholders to ensure that there is an open and interactive communication. In the meetings, the Consultant team explained what was entailed in the project proposal and envisioned social and environmental impacts. After presentations, questions and opinions were invited from the participants. The minutes of the meeting were prepared and signed by a representative. The records of consultations are as shown in Appendix 2. The following stakeholder groups were consulted: Table 4-1: Stakeholder groups consulted. Stakeholders Consultation tools Residents of Murang’a County: Six (6) Public meetings were conducted on from Kigoro to  Kigoro Ngethu. The meetings were  Ndunyu Chege (2 No Meetings) spaced 2km apart to ensure  Kiriaini adequate sensitization of the Primary  Gatanga people living within the stakeholders project zone of influence. Residents of Kiambu County: Informal interviews were  Ngethu Social Hall held with area residents especially the village elders who have knowledge of the area from day of the past to date. Questionnaires were used to collect household data to describe the household characteristics of the people living in the project area. RAP for Kigoro-Ngethu Pipeline 4-16 January 2018 Stakeholders Consultation tools Primary Institutions in Murang’a; One on one meetings and stakeholders minutes of the meetings taken; These include those institutions that run their daily operations or manage infrastructure within the proposed wayleave:  Water Resource Users Association (WRUA);  Gatanga water and Sewerage Company.  Murang’a Water and sanitation company Institutions in Kiambu We sought their views through a questionnaire but by the time Gatundu water and sanitation Company this report was finalised they formerly known as Karimenu water, hadn’t responded. provides water for residents of Gatundu North and south as well as run their daily operations within the project area. Government Agencies in Murang’a; These stakeholders were consulted through: The following stakeholders identified and consulted on the proposed project  One on one meetings, were: and Round table meetings.  National Administration;(Deputy Secondary County Commissioner Murang’a stakeholders County, Area chief and assistant chiefs of each location);  County director of Public health;  Water resource management authority;  County Registrar;  Constituency roads officer KeRRA  County Director of Physical planning;  Deputy county Surveyor;  County Director Agricultural officer;  County Director of Environment; County Water Director. Government Agencies in Kiambu These stakeholders were consulted through: The following National Government stakeholders were identified and  One on one meetings, consulted on the proposed project:  A round table meeting with the Chiefs and  Kiambu County Commissioner, assistant chiefs in  Senior ACC 1 representing Deputy Gatundu North. County Commissioners for Gatundu  Questionnaires. North,  Area chief and assistant chiefs of each location);  County director of Education; RAP for Kigoro-Ngethu Pipeline 4-17 January 2018 Stakeholders Consultation tools The Kiambu County Government stakeholders identified and consulted were as follows;  CEC Planning and Development;  CEC Education, Youth, Culture and Social Services;  CEC for Agriculture, livestock and fisheries;  Water, Environment, and Natural Resources;  Health Services. Table 4-2 shows the date and venues of previous meetings held within the respective locations and gender representation. Table 4-2: List of Previous Public Meetings and the Venues County Sub Location Venue Date male females total County Gatanga Kigoro Kanunga 5/5/2015 30 44 74 Chiefs office Ndunyu Kagongo Tea 6/5/2015 11 13 24 Chege Buying Centre Murang’a Ndunyu Ndunyu 14/5/2015 12 61 73 Chege Chege Tea Buying Centre Kiriai- Ini Chief’s Office 4/5/2015 9 21 30 Gatanga Tea Buying 10/5/2015 24 37 61 Centre Kiambu Gatundu Ngethu Ngethu social 19/5/2015 13 16 29 North hall RAP for Kigoro-Ngethu Pipeline 4-18 January 2018 4.5 Summary of Issues Raised 4.5.1 Issues Raised by Key Informants Table 4-3 provides a summary of the issues raised by key informants. Table 4-3: Issues raised by Key Informants Issue/concern Comments Responses of relevance Use of wayleaves  Use of the road reserve without the knowledge of KURA will lead  The layout of the pipeline will be submitted to KURA to identify provided under the to a scenario where other road support infrastructure such as storm areas where there will be conflict in road reserve use. road reserve. water drains might lack space for construction;  For areas where the Pipeline will cut across a road, the  Road junctions will result in destruction of the water supply lines. contractor is expected to apply for permission for the construction works. The roads that will be damaged by the pipeline should be repaired to original standards, a 30% cost of the repair cost in form of a bankers cheque is left at the Kenya Rural Roads Authority (KeRRA) offices as guarantee that the roads will be repaired by the applicant. Valuation of  The value of crops range from season to season and there is a  Valuation was done at full replacement cost using recent affected assets possibility of the crops being given values of a high season which market rates; and compensation tends to be low;  Affected households will be allowed to harvest crop residue in for losses  Lack of a standard price list for crops in the agricultural docket addition to the cash compensation for the loss of crops. therefore the crops may be over priced or under-priced;  Unrealistic expectations on land values;  Compensation proposed under this RAP should be reasonable;  Some of the trees have taken many years to mature, some are for economic purpose, some provide feeder to livestock other help in soil preservation, cutting down of these trees will lead to soil erosion and loss of livelihoods;  Most of the riparian land is used for irrigation in the county hence loss of this produce will result in impacts on food sources for the affected persons. RAP for Kigoro-Ngethu Pipeline 4-19 January 2018 Issue/concern Comments Responses of relevance Reduction in tea The Tea factories have employed staff based on a monthly average production tea collection, acquisition of land with Tea will subsequently lead to reduction of production and a subsequent loss of jobs to the employees. The farmers should be allowed to grow the tea after the construction on the wayleave to reduce the ripple effect of acquiring the land from the farmers. Health, safety and  The trenches dug to lay the pipe could be as deep as 20m and this A community health and safety action plan is in place and it economic impacts will lead to loss of access to one side of the property and a danger addresses the issues raised including: on the temporary to livestock and human lives.  Regular community meetings to sensitize the community on wayleave  Haphazard stock piling will destroy crops outside of the temporary health and safety hazards; and permanent right of way  Provision of temporary access (bridges etc.) and alternative  Disruption of tea collection as a result of works on roads used to routes in cases where roads are blocked; deliver tea;  Stockpiling of materials within the acquired right of way or within  Water and sanitation facilities that will be affected should be the designated sites; restored to their original state to maintain the water and sanitation  Repair of damaged roads shortest time possible. standards in the county;  The contractor’s site to be established in a location will not contaminate water sources and cause noise in human settlements. This will ensure that the impacts are minimised. Land Productive land will be divided into segments leaving some parcels In cases where the impact of acquisition results in loss of up to fragmentation of land injuriously affected and thus not economically viable. 20% or more of the economic viability of the land, acquisition of the entire land parcel will be provided. Employment  It will be beneficial to the residents of the project area to get  The project will restore incomes of the people who are directly employment from the project; this will also ensure that the project economically affected by the acquisition of land and assets. runs smoothly without any protests.  Employment will also help reduce cases of crime and social crimes that could be as a result of idleness; Risk of future land  Terms of the easement should be clearly documented in the AWSB shall: use conflicts due agreement so that both parties know what they are getting into, this  Clearly outline the terms of land acquisition whether its to the easement will avoid issues of people building permanent structures above the easement or wayleave; for the Pipeline. pipeline or growing perennial crops;  Ensure that the neighbouring land owners know what land uses  The wayleave/easement should be registered with the lands are permitted on the wayleave; ministry to avoid land grabbers;  Develop a program to map out all the acquired land under this project including setting out of permanent beacons. RAP for Kigoro-Ngethu Pipeline 4-20 January 2018 Issue/concern Comments Responses of relevance  This will not only inform any proposed measures to prevent future encroachment on the wayleave but would also help in informing any measures to manage the risk of vandalism on the pipeline; Lack of  Majority of the affected land in Murang’a and Kiambu Counties, are  PAPs consulted opted for cash compensation replacement land ancestral having been passed down through generations to the for resettlement current owners therefore, it might be difficult for the PAPs to (in-kind relinquish their lands. compensation)  During valuation, the land values should be well informed and alternative land prices around the area should be considered, this will enable the PAPs buy land in the nearby alternative areas. Losses during Water release during cleaning or when the pipes burst has a high  Losses during the operation of the pipeline will be compensated operation phase of volume and velocity and is causing havoc namely: by AWSB; water pipeline  Pollution of soil by chlorine when the treated water is released into  AWSB will integrate protection works and drainage structures the farms; as part of protection works for adjacent land users. These  Destruction of crops, trees, soil erosion, animals and human life in protection works will be developed by qualified professionals the valleys; and established with the full participation of the affected  Disruption of access to the well where the community draws their persons water from. This happens when excess water is released into the existing Ngethu channel. The large volume of water overwhelms the existing stream channel onto which it is released. 4.5.2 Issues Raised by PAPs Table 4-4 provides a summary of the issues raised by PAPs. Table 4-4: Issues raised at the Community Sensitisation Meetings Issues/concern Comments Responses of relevance to the RAP study Use of wayleaves  Use of the road reserve without the knowledge of Kenya Urban Roads  The layout of the pipeline will be submitted to KURA provided under the road Authority (KURA) will lead to a scenario where other road support to identify areas where there will be conflict in road reserve. infrastructure such as storm water drains might lack space for reserve use. construction;  For areas where the Pipeline will cut across a road,  Road junctions will result in destruction of the water supply lines. the contractor is expected to apply for permission for the construction works. The roads that will be damaged by the pipeline should be repaired to original standards, a 30% cost of the repair cost in RAP for Kigoro-Ngethu Pipeline 4-21 January 2018 Issues/concern Comments Responses of relevance to the RAP study form of a bankers cheque is left at the Kenya Rural Roads Authority (KeRRA) offices as guarantee that the roads will be repaired by the applicant. Valuation of affected  The value of crops range from season to season and there is a  Valuation was done at full replacement cost using assets and possibility of the crops being given values of a high season which recent market rates; compensation for losses tends to be low;  Affected households will be allowed to harvest crop  Lack of a standard price list for crops in the agricultural docket residue in addition to the cash compensation for the therefore the crops may be over priced or under-priced; loss of crops.  Unrealistic expectations on land values;  The farmers are not allowed to plant tea because they  Compensation proposed under this RAP should be reasonable; are deep routed. Annual crops such as legumes,  Some of the trees have taken many years to mature, some are for maize and nappier grass is allowed. This will be economic purpose, some provide feeder to livestock other help in soil communicated to the farmers during the disclosure preservation, cutting down of these trees will lead to soil erosion and process. loss of livelihoods; Most of the riparian land is used for irrigation in the county hence loss of this produce will result in impacts on food sources for the affected persons. Reduction in tea The Tea factories have employed staff based on a monthly average tea The tea production will be affected as farmers will not production collection, acquisition of land with Tea will subsequently lead to be allowed to farm tea on the wayleave. However, the reduction of production and a subsequent loss of jobs to the employees overall impact will be minimal since small sections of individual lands will be taken up by the project The farmers should be allowed to grow the tea after the construction on the wayleave to reduce the ripple effect of acquiring the land from the farmers. Health, safety and  The trenches dug to lay the pipe could be as deep as 20m and this will A community health and safety action plan is in place economic impacts on the lead to loss of access to one side of the property and a danger to and it addresses the issues raised including: temporary wayleave livestock and human lives.  Regular community meetings to sensitize the  Haphazard stock piling will destroy crops outside of the temporary and community on health and safety hazards; permanent right of way  Provision of temporary access (bridges etc.) and  Disruption of tea collection as a result of works on roads used to alternative routes in cases where roads are blocked; deliver tea;  Stockpiling of materials within the acquired right of  Water and sanitation facilities that will be affected should be restored way or within the designated sites; to their original state to maintain the water and sanitation standards in  Repair of damaged roads shortest time possible. the county; RAP for Kigoro-Ngethu Pipeline 4-22 January 2018 Issues/concern Comments Responses of relevance to the RAP study The contractor’s site to be established in a location will not contaminate water sources and cause noise in human settlements. This will ensure that the impacts are minimised. Land fragmentation Productive land will be divided into segments leaving some parcels of In cases where the impact of acquisition results in loss land injuriously affected and thus not economically viable. of up to 20% or more of the economic viability of the land, acquisition of the entire land parcel will be provided. Employment  It will be beneficial to the residents of the project area to get  The project will restore incomes of the people who are employment from the project; this will also ensure that the project runs directly economically affected by the acquisition of smoothly without any protests. land and assets.  Employment will also help reduce cases of crime and social crimes that could be as a result of idleness; Project acceptance  Risk of resistance by land owners to give up any portion of their land.  Grievance resolution will be conducted during the mobilisation phase of RAP implementation;  Identification of an alternative alignment as a last resort where no agreements can be reached will be conducted. Risk of future land use  Terms of the easement should be clearly documented in the AWSB shall: conflicts due to the agreement so that both parties know what they are getting into, this  Clearly outline the terms of land acquisition whether easement for the will avoid issues of people building permanent structures above the its easement or wayleave; Pipeline. pipeline or growing perennial crops;  Ensure that the neighbouring land owners know what  The wayleave/easement should be registered with the lands ministry land uses are permitted on the wayleave; to avoid land grabbers;  Develop a program to map out all the acquired land  This will not only inform any proposed measures to prevent future under this project including setting out of permanent encroachment on the wayleave but would also help in informing any beacons. measures to manage the risk of vandalism on the pipeline; Lack of replacement land  Majority of the affected land in Murang’a and Kiambu Counties, are  PAPs consulted opted for cash compensation for resettlement (in-kind ancestral having been passed down through generations to the compensation) current owners therefore, it might be difficult for the PAPs to relinquish their lands.  During valuation, the land values should be well informed and alternative land prices around the area should be considered, this will enable the PAPs buy land in the nearby alternative areas. Losses during operation Water release during cleaning or when the pipes burst has a high  Losses during the operation of the pipeline will be phase of water pipeline volume and velocity and is causing havoc namely: compensated by AWSB; RAP for Kigoro-Ngethu Pipeline 4-23 January 2018 Issues/concern Comments Responses of relevance to the RAP study  Pollution of soil by chlorine when the treated water is released into the  AWSB will integrate protection works and drainage farms; structures as part of protection works for adjacent  Destruction of crops, trees, soil erosion, animals and human life in the land users. These protection works will be developed valleys; by qualified professionals and established with the full  Disruption of access to the well where the community draws their participation of the affected persons water from. This happens when excess water is released into the existing Ngethu channel. The large volume of water overwhelms the existing stream channel onto which it is released. Inadequate land for in- Concern as to where PAPs could get resettlement land as there was a  PAPs opted for cash compensation; kind compensation scarcity of land in the project area  Valuation rates were based on the latest market rates to ensure that PAPs could still acquire land in the present market conditions;  Timely payment of compensation to reduce the risk of increased prices due to speculation due to the false demand that may arise due to the project. Lack of land ownership  There are cases where succession has not been done after the death The project will provide support in the form of documentation of the registered land owner; sensitisation and timely notices to allow for those who  There are cases where sub-divisions have been done but the new need to update their documentation to do so, prior to owners have not updated their land ownership documentation at the issuance of compensation for land. land registries. Project start and end The PAPs wanted to know when will the project start and end so that The project is expected to start as soon as the date they can plan their activities. contractor will have been awarded the tender, the project end date is not fixed but the duration is expected to be about two years. Fear of forceful evictions Eviction to pave way for the project Implementation arrangements are in accordance with O.P. 4.12 hence forceful evictions are not expected even for those who have no legally recognisable rights as per the laws of Kenya. Road destruction due to The community raised issues on the impact of heavy trucks and The contractor will ensure the roads are maintained in heavy equipment equipment being carried on the existing road network within the project proper condition and alternative traffic arrangements area during construction. They noted that the roads are very important are made when necessary. to the community as they use them to transport their tea. Compensation for loss of Valuation of incomes for businesses whose incomes fluctuate through- Compensation for loss of income considered the business incomes out the year. income through-out the business cycle and not just peak or low seasons. RAP for Kigoro-Ngethu Pipeline 4-24 January 2018 Issues/concern Comments Responses of relevance to the RAP study Cut- Off dates  The community asked the study team of the intention of the cut- off  Community was sensitised on the meaning of the dates and asked whether only the enumerated and valued structures cut-off date as per O.P. 4.12; as well as parcels affected will be compensated after the cut- off  Further elaboration was made on the fact that assets dates; not on site by the cut-off date were not going to be  Concern where business expansion plans would be considered. included in the valuation report nor the compensation arrangement under this RAP Report;  Prompt implementation of the RAP will be done to ensure that there is no uncertainty, stagnation or additional losses to the PAPs due to delays in RAP or project implementation;  PAP engagement activities will be conducted through-out the implementation as well as the monitoring and evaluation program to identify and mitigate any emerging issues that may not have been foreseen during the preparation of this RAP. Corrupt dealings during It is important that the proponent (AWSB) to ensure that all payments or  This RAP report recognises that there will be need payment transactions on the given parcels to be done directly to the owner and/ for multi-stakeholder involvement and possible or the administrator of the land at the time of compensation. The recruitment of staff for certain elements of RAP community did not want any crooks that will come in the name of implementation. This measure will enhance the brokering or mediating between AWSB and the land owner. capacity of AWSB in implementing the RAP.  It will be critical to legitimise any stakeholders or representatives involved in the RAP process either due to their legal mandate as per the laws of Kenya, or through public vetting through validation by the PAPs. These include the members of the RAPIC, grievance resolution committees or the monitoring and evaluation exercises;  However, payment of compensation to the land and asset owners should be done directly by staff with a direct mandate from AWSB. RAP for Kigoro-Ngethu Pipeline 4-25 January 2018 Issues/concern Comments Responses of relevance to the RAP study Loan repayment  Concern over the consideration of loan repayment plans that would  This RAP proposes compensation at full disruptions be running during the compensation period. replacement cost and adequate notice to ensure that there is no loss of income;  During mobilisation, PAPs should however be reminded to take cognisance of the cut-off date to ensure that they do not incur liabilities that are not covered under this RAP;  Prompt compensation will be done to ensure that people do not accrue debts as a result of delays and uncertainties over the compensation. The PAPs will be paid within one (1) month after signing the compensation agreements. Grievances handling  Concern over the risk of conflicts over the transactions during the  This report proposes a grievance redress compensation period; mechanism as informed by consultations with  Need for a grievance redress mechanism specifically for the stakeholders; resettlement process to be integrated into the resettlement program.  The mechanism has been integrated as one of the key components of the implementation arrangements for this RAP. Emerging issues on the  The community raised the issue of future land use on proposed  The PAPs are not allowed to cultivate any crops or existing and any future wayleave. They were particularly concerned with the restrictions of trees that may cause harm to the water pipeline, proposed easement the type of land use activity and structures, asking whether the build on or over, drill or develop in any manner wayleave will restrict farming activities. whatsoever on the wayleave acquired. The types of  Some respondents wanted to know if AWSB will get titles for the 3m crops and developments that are prohibited will be wayleave and if that is the case, they wanted to know what would explained to the PAPs during the disclosure process. happen to the residual land.  The wayleave will be registered but there will be no title for it;  Where residual land is not economically viable, AWSB will acquire the entire land parcel to promote livelihood restoration. Compensation of crops There are crops that take up to six years to mature when planted for  Valuation was done at full replacement cost using example macadamia and avocado trees. Compensation for these crops recent market rates; should consider the duration of the project and the losses incurred  Affected households will be allowed to harvest crop between this period and the time it takes for the crops to mature. residue in addition to the cash compensation for the loss of crops. RAP for Kigoro-Ngethu Pipeline 4-26 January 2018 4.6 Project Acceptance Majority of the surveyed PAPs (83%) within Kigoro-Ngethu pipeline expressed support for the project. Some of the issues raised by those who did not support the project are discussed in Table 4-4 and they include:  Use of wayleaves provided under the road reserve;  Valuation of affected assets and crops and compensation for losses of business incomes;  Land fragmentation and reduction in tea production;  Health, safety and economic impacts on the temporary wayleave;  Risk of future land use conflicts due to the easement for the Pipeline;  Lack of replacement land for resettlement (in-kind compensation);  Losses during operation phase of water pipeline in case of pipe bursts and during ;  Lack of land ownership documentation and fear of forceful evictions;  Road destruction due to heavy equipment;  Corrupt dealings during payment; and  Loan repayment disruptions. 4.7 Preferred Mode of Compensation All the PAPs unanimously wanted to be compensated in cash. 4.8 Level of Achievement of Stakeholder Engagement Objectives The stakeholder engagement plan had specific objectives. One of the key indicators of meaningful stakeholder engagement is the demonstration of stakeholder involvement in the decision-making process in relation to planning for the resettlement program for the Kigoro- Ngethu Pipelines. A qualitative analysis of the level of achievement of the stakeholder engagement plan for the RAP studies is presented in Table 4-5 below. RAP for Kigoro-Ngethu Pipeline 4-27 January 2018 Table 4-5: Level of Achievement of the Objectives of Stakeholder Engagement Objective Achievement  Make the RAP study participatory and The RAP study provided platforms for PAP and transparent; stakeholder participation in the assessment of impacts  Providing a platform for future as well as proposed mitigation measures. 100% of the consultation by reducing conflict PAPs were consulted via the census questionnaire. A through early identification of total of 291 persons attended the public consultation contentious issues; meetings 99 being male and 192 female translating to Facilitating participation to increase 34% male and 66% female. public confidence in the RAP process: Where complaints were beyond the capacity of the consultant to resolve, additional meetings were held with the participation of relevant parties from the proponent to provide clear communication on outstanding issues as well as proposals on how to mitigate them from various parties. Thirdly, from the participation process, social risks related to land take, resettlement and compensation as raised by the affected persons were documented, with the objectives of informing decision makers on stakeholder perspectives on the issues at hand.  Facilitate the development of Entitlement options as prescribed by Kenyan law and appropriate and acceptable World Bank’s O.P 4.12 were discussed with the affected entitlement options; persons. Where the PAPs had differing opinions on the  Providing a platform to improve prescribed entitlements, discussions were held on the transparency and accountability in same and presented in this report in a manner as to decision making: inform decision makers on PAP and stakeholder comments on the same. Feedback from the stakeholders especially the PAPs, AWSB and the World Bank also informed the compensation and additional support as defined in this RAP’s Entitlement Matrix  Minimise the risk of poor co- Chapter 6 of this report proposes the grievance ordination through establishment of mechanism to be followed in case of a grievance communication channels and redress arising. mechanisms as early as the RAP Study phase; It is also expected that the disclosure process may  Providing a platform for future result in documentation of additional feedback from consultation by identifying identified partners for RAP implementation as well as stakeholders with who further the wider public. This RAP provides an opportunity for dialogue can be continued in integration of accepted changes, prior to disclosure of subsequent stages of the project: confirmed entitlements to the PAPs at the beginning of the RAP implementation phase. Lastly, this RAP integrated a section on development of a stakeholder engagement strategy and a communication plan for RAP implementation phases. 4.9 Disclosure of the RAP Report The Disclosure process should be undertaken in a manner that is inclusive, culturally appropriate and ensures the participation of vulnerable groups. RAP for Kigoro-Ngethu Pipeline 4-28 January 2018 4.9.1 Background Section 34 of the World Bank Policy on Disclosure of Information states that whenever the Bank requires a Resettlement Instrument (RI) or Indigenous Peoples’ Development Plan (IPDP) for an operation; the proposed borrower prepares an RI or IPDP as a separate, free-standing document. As a condition of appraisal of the operation, the borrower provides the draft RI or IPDP, which conforms to the relevant policy and makes it available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs. Apart from the above, Paragraph 22 of O.P 4.12 also states that once the Bank accepts this instrument (in this case the RAP) as providing an adequate basis for project appraisal, the Bank will make it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner. 4.9.2 Disclosure of the RAP Report by Athi Water Services Board During the field studies, the study team established that due to the nature of the terrain of the project area and the modes and schedules of the public transport system, the disclosure of the RAP is better done at select locations along the pipeline alignment. The study documents should be disclosed at two levels i.e. public level and household level. For purposes of this section, public level disclosure means that any member of the public can review the documents provided. Household level disclosure means that only the household head and his spouse(s) can review the documents provided. The documents to be viewed at both levels are as follows:  Public level:  The RAP Report (This Report);  Land Acquisition Map;  Household Level: information specific to PAP units should be disclosed only to the specific PAPs, that is the household heads and their spouses only:  Land search findings;  Inventory of assets;  Proposed compensation figures;  Baseline socio economic data at household level. This study also proposes that the RAP report be disclosed at a desk that can be easily accessed by the public. This can be done at the same points that NEMA discloses the ESIA Report. In practice, this is usually the County Director of Environment under NEMA. 4.9.3 Disclosure by World Bank For disclosure, the WB policy on Involuntary Resettlement (OP 4.12) recommends the following:  Condition of appraisal: borrower provides the Bank with (acceptable) draft Resettlement Action Plan (RAP) and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them.”  Bank discloses draft RAP on the Bank’s external website;  After final RAP approved by Bank, both Bank and Borrower disclose again in same way. RAP for Kigoro-Ngethu Pipeline 4-29 January 2018 4.9.4 Kenya Legal Requirements The Environmental and Social Impact Assessment Report from which this Resettlement Action Plan is development was submitted to the National Environment Management Authority (NEMA) on 16 October 2015. Regulation 22 Upon receipt of both oral and written comments as specified Public hearing by section 59 and section 60 of the Act, the Authority may hold a public hearing. A public hearing under these Regulations shall be presided over by a suitably qualified person appointed by the Authority. The date and venue of the public hearing shall be publicized at least one week prior to the meeting – (a) by notice in at least one daily newspaper of national circulation and one newspaper of local circulation; (b) by at least two announcements in the local language of the community and the national language through radio with a nationwide coverage. The public hearing shall be conducted at a venue convenient and accessible to people who are likely to be affected by the project. A proponent shall be given an opportunity to make a presentation and to respond to presentations made at the public hearing. The presiding officer shall in consultation with the Authority determine the rules of procedure at the public hearing. On the conclusion of the hearing, the presiding officer shall compile a report of the views presented at the public hearing and submit the report to the Director General within fourteen days from the dale of the public hearing. 4.10 Future Consultations A participatory approach is encouraged in future through public meetings, one on one discussions through grievance mechanism and focus group discussions. Future consultations are recommended when:  The project is formally referred to public review, hearing or enquiry;  AWSB seeks to apply best case practice to the proposal;  The project depends upon gaining the consent;  The project involves gaining the consent or support of local stakeholders. 4.11 Stakeholder Engagement Strategy for RAP Implementation Future consultations should include mechanisms to promote consultations to ensure that stakeholders maintain active participation during the RAP implementation. A Stakeholder Engagement Plan (SEP) is required as part of the RAP implementation to provide structured stakeholder engagement. The main objectives of the SEP include:  Mechanisms to build on the previous stakeholder engagement activities and requisite expectations to finalise on a mutually agreed approach to deal with the outstanding issues;  Establish and maintain a plausible working relationship with identified stakeholders;  Identify new stakeholders that would be critical actors / partners in resolution of outstanding issues;  Establish modalities for development of messages in a form and manner that can be easily understood by the specific target population; RAP for Kigoro-Ngethu Pipeline 4-30 January 2018  Allocate adequate resources (financial and human) for implementation of the stakeholder engagement plan;  Develop a system for record keeping, monitoring and evaluation of the SEP implementation process and expected outcomes;  Development of a communication plan to guide information dissemination and engagement with each target stakeholder group;  Ensure issues raised by key stakeholders are addressed as well as in project decision- making and design phase;  Outline a Grievance Mechanism for local stakeholders. The SEP has identified stakeholder groups that may be affected by and/or interested in the implementation of the Project, as well as proposed communication methods and media for each group, presented in Table 4-6 below. Table 4-6: Stakeholder Consultations during Project Construction and Operation Phase Stakeholder/s Type of Communication Responsibility Timing and Proposed Method External stakeholders People residing (or  Information delivered to residents / Contracto Throughout the using land) and owners businesses operating in areas r / AWSB/ implementation of of businesses operating affected by the Project, through consultan the Project, as in Project affected community meetings, t appropriate areas  public notice boards at chiefs offices  Focus group discussions specifically for women so they can voice their issues and concerns Local community Regular communication by phone or Contractor / All Project phases representatives (Chiefs through public meetings, project AWSB/ and Ward progress updates Consultant Representatives) Interested NGOs and Local media (newspapers) ESIA, Contractor / Throughout the other organisations RAP and SEP published on Athi AWSB/ implementation of Water Services Board website and Consultant the Project available at the site offices. Relevant National Official correspondence Contractor / During project Government and County and meetings, progress reports AWSB/ design, construction Government Authorities NCWSC and implementation for example: KURA, Permitting procedures KeRRA, Kenya Power. Kenya National Official correspondence and meetings Contractor / During project Museums AWSB/ Construction phase Permitting procedures in case Consultant cultural/archaeological sites are encountered. Internal stakeholders Employees (Contractor,  Bulletin board Contracto Throughout the Athi Water, Nairobi City  Grievance procedure r / AWSB/ implementation of Water and Sewerage NCWSC / the Project  Code of conduct Company(NCWSC) and Consulta Consultant) nt Temporary Information in contract, bulletin Contractor Upon the construction workers board, training. selection of and subcontractors Grievance procedure. Code of subcontractors conduct and during construction RAP for Kigoro-Ngethu Pipeline 4-31 January 2018 4.11.1 Community Relations in Construction Phase This section sets out the proposed objectives, mechanisms and responsibilities for liaison with persons affected by the project and the neighbouring communities during the Construction Phase. It identifies the approach and frequency of consultation with affected settlements. The primary responsibility for liaison will be borne by the Construction Contractor i.e. in communicating health and safety aspects and AWSB for resettlement issues. Athi Water Services Board will therefore require the Contractor to develop his own plan and more detailed proposals for community liaison. This will build on the approach outlined in this section. 4.11.2 Objectives and Division of Responsibility The objectives of the Community Relations Programme will be to:  Provide local residents affected by the project with regular information on the progress of work and its implications.  Inform the project/contractor of any community related issues that may impact construction.  Monitor implementation of mitigation measures and the impact of construction via direct monitoring and feedback from settlements.  Identify any significant new issues that may arise during the construction period; and  Manage any complaints against the project/contractors and local residents (i.e., provide a grievance mechanism). The responsibility of the Community Liaison Programme and employment of community liaison staff will be divided between AWSB and the Construction Contractor. It is intended that during the Construction Phase, the Contractor/AWSB will have day-to-day responsibility for community liaison and will be the primary point of contact with affected settlements. The Community Liaison Officer(s), (CLOs) will be appointed on full time basis and will be responsible for the coordination of Project public relations and external liaison needs. The CLOs will also manage the good reputation of both Athi Water Services Board and the Construction Contractor and liaise with third parties who are or may be affected by the execution of the Works as well as interface with affected project persons. 4.11.3 Construction Contractor Role in Community Liaison The Construction Contractor will be required to adhere to the requirements of the Environmental and Social Management and Monitoring Plan (ESMMP) that sets out how the Contractor will meet and monitor the mitigation measures recommended by the plan. The role and responsibilities of the contractor include:  Provide primary interface between project and affected or interested persons;  Coordinate and implement required pre-construction activities, namely; o produce management plans for community relations, construction camps and transport; train staff with community relations responsibilities; and o implement induction training workshops for all construction staff;  Assist in local recruitment process; and  Ensure on-going communication with project and affected or interested persons through the following activities; o Meet with community leaders and hold community meetings prior to arrival of construction teams in a given locality to inform local residents about construction activities, work schedule, construction staff Code of Conduct, grievance procedure, safety issues, dates of future meetings and contact details of CLO staff; o Hold fortnightly meetings with directly project and affected or interested persons during construction to provide information on progress and provide channel for issues and queries to be raised; RAP for Kigoro-Ngethu Pipeline 4-32 January 2018 o Liaise with contract representatives on major issues arising and ensure that the local residents are kept informed of any expected or unexpected disruption through leaders and by maintaining a community information centre. o Provide a focus for negotiation and resolution of specific disputes with residents if/when they arise, using the dispute resolution procedure; o Submit monthly social impacts reports to the project; and o Monitor processing and resolution of complaints and ensure alignment across the project with the dispute resolution process. Successful community liaison will be achieved through sharing this responsibility throughout the Construction Contractor’s team. Each work team will allocate primary responsibility for community liaison to an individual. These individuals will liaise with the team of dedicated CLOs and involve them as necessary. 4.11.4 AWSB’s Role in community liaison AWSB through the project sociologists will engage with the community especially during the implementation of the RAP. This will include:  Providing training on financial management to the PAPs with the help of the appointed financial consultants  Disclosure compensation packages  Assist the PAPs in opening joint accounts  Attend to grievances as itemised in Chapter 7. This will be done through meetings organised by local chiefs and where appropriate, one on one meetings. The sociologists will prepare quarterly RAP implementation status reports which include the grievance log. 4.11.5 Community Relations in Operational Phase The objective of the Community Relations Programme in this phase will be to:  Maintain constructive relationships between local residents and the pipeline operators, to assist in the operation of the pipeline;  Maintain awareness of safety issues among local residents along the pipeline route;  Ensure compliance with land use constraints among land owners along the pipeline route; and  Monitor community attitudes to the pipeline and operating company (NCWSC) 4.11.6 PAPs Engagement PAPs are also expected to participate through the following platforms throughout the implementation process:  RAP Implementation Committee;  Proposed grievance mechanism for the RAP Implementation process;  Focus Group Discussions and Social Surveys during monitoring and evaluation of the RAP implementation process by internal and external reviewers;  Training of project team/staff and awareness raising activities with community members. To further enhance participation the above teams should be provided with information cards (info-cards) with the following information at the very least:  Procedures for collecting in cash compensation:  Eligibility criteria for compensation  How to access the grievances committee and the fact that the grievance process is free of charge. RAP for Kigoro-Ngethu Pipeline 4-33 January 2018 The back page should have a flow diagram of the approved grievance mechanism and the summary write up of the mechanism. The info card should also be distributed at the first community meeting at the commencement of the resettlement process. Members should be informed of all the locations where they can get other copies of the info card. These should include the village chairmen, residences, office of the County Government, AWSB Community Liaison Office and community members who sit in the RAP Implementation Committee The PAP should the sign that they have received the info-card. 4.11.7 Decommissioning In the event of decommissioning of the pipeline, liaison would continue to take place by the AWSB and NCWSC with project and affected or interested persons prior to de-commissioning. This role would complement work carried out by the operating company and social investment team to reduce the negative impact of pipeline decommissioning. RAP for Kigoro-Ngethu Pipeline 4-34 January 2018 5 IMPACTS OF THE PROJECT 5.1 Background This section outlines some of the key displacement impacts that the project‘s land acquisition process is likely to affect. It also provides an overview of international guidance on how such displacement impacts should be addressed. An important aspect of resettlement planning process is to obtain a detailed understanding of the likely impacts that the project will have on those that will be physically and or economically displaced as a result of it. This knowledge enables appropriate compensation and livelihood restoration plans to be formulated. This ensures affected PAPs are provided with the best possible means through which to re-establish their livelihoods in the post relocation setting. Projects impacts can be summarized as below:  Loss of land;  Loss of housing related facilities such as fences, water supply, electricity and sanitation facilities;  Loss of crops and trees; 5.2 Eligibility Criteria for Compensation PAPs eligible for resettlement and compensation were determined as per the World Bank involuntary resettlement policy-OP 4.12 In line with O P 4.12, displaced persons may be classified in one of the following three groups: (a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country) (b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (c) Those who have no recognizable legal right or claim to the land they are occupying Identified impacts and mitigation measures for each loss are presented in the following sections. RAP for Kigoro Ngethu Pipeline 5-1 March 2017 5.3 Land Loss Land take will be in the form of permanent easement for the pipeline. An estimated 121 land owners will be affected by the project. Table 5-1 below shows the estimated compensation for the new land to be acquired for the new easement along the Kigoro to Ngethu pipeline. Table 5-1: Compensation Estimates for Acquisition of Land on the Kigoro Ngethu new wayleave Location/Identification Affected Land Corresponding Asset of affected land size(acres) no. of land Value owners Kigoro 2.6169 21 3,289,200 NdunyuChege 6.5994 52 9,899,100 Kiriaini 2.6712 26 4,006,800 Rwegetha 2.5446 11 3,816,900 Chania Ngorongo 2.3942 11 3,191,300 Commitments  Cash compensation at full replacement cost;  Payment of a disturbance allowance amounting to 15% of the value of land;  PAPs should be sensitised at the on-set to update their land ownership documentation. There are cases of sub-divisions and succession that should be sorted to ensure that there is no question on the eligibility of the land owner identified under this RAP;  Adequate notice of 6 months to be given to PAPs to allow them update land ownership documentation prior to compensation payment, as this is likely to affect the RAP implementation process and consequently the construction phase of the project, if notice is not given early enough;  Initial verification of ownership claims at the village level in liaison with MLHUD before confirmation by County Land Officials i.e. County Lands Officer and County Surveyor; to fast track the process of updating documentations.  Where land parcels are small resulting in losses of up to 20% of land or a residual land that is of no economic value to the land owner, the entire land parcel will be acquired. 5.4 Loss of Structures 5.4.1 Structures There are no permanent household structures affected by the Kigoro-Ngethu pipelines. The affected structures are mostly temporary structures located within the farm area of most PAPS and include; pit latrines, beehives, and fences. Recommendations  Cash compensation at full replacement cost;  Payment of a disturbance allowance amounting to 15% of the value of the structure;  Upon payment of compensation PAPs should be given at least four (4) months to relocate from the project site;  Provision of opportunity to salvage the remains from demolition of the PAPs structures. RAP for Kigoro Ngethu Pipeline 5-2 March 2017 5.5 Loss of Crops and Trees Affected crops and trees include tea, fruit trees (avocado, plums), bamboo, eucalyptus, wattle trees, croton trees, banana stems, maize crops, beans among others. Compensation estimates are presented in Table 5-2 below. Table 5-2: Compensation Estimates for Crops and Trees Nature of Assets Asset Value Crops and Trees 49,094,550.50 Recommendations  Cash compensation at full replacement cost;  Provision of opportunity to harvest and salvage fodder, fruits and timber. 5.6 Impact on Public Infrastructure Acquisition of land and structures in these areas is not recommended. However, AWSB should ensure that records of areas where the pipe cuts across public utilities are shared with the agencies responsible for these assets. This can be done in the form of sharing “as built drawings” or in any other form as agreed by AWSB and the other parties. 5.7 Impact on Vulnerable Members of the Community The World Bank defines vulnerable groups ‘…as the poor, women, and indigenous peoples; those less able to care for themselves (children, the elderly, and the disabled); and other groups not protected by national land compensation law (those without land or use rights; host communities; and community members remaining in the original area after resettlement).’ Source: World Bank Involuntary Resettlement Sourcebook p. 71. Table 5-3 below presents a qualitative analysis of the participation barriers to be faced by the vulnerable groups of PAPs within the Kigoro-Ngethu project area. RAP for Kigoro Ngethu Pipeline 5-3 March 2017 Table 5-3: Qualitative analysis of the participation barriers to be faced by the identified vulnerable groups Category Description Possible Participation Proposed Related resources Impairment/Limitation Barrier Assistance (financial and human) of relevance to the implementation budget Female crop owners- There is the risk of Household roles that Cultural barriers Monitor resettlement Consideration of gender Daughters and spouses decisions on may limit women from limiting women from activities to ensure no balance when of land owners compensation participating in making decisions coercion during recruiting/allocating staff collection being engagement activities without consulting a decision making for RAP implementation. influenced by the male counterpart or male relative. relative. Provide option of Women to assisted in organised childcare opening bank accounts for those in need during resettlement Joint accounts to be period opened and women to be present during disclosure Capacity building and of compensation sensitisation on use package of compensation funds. Training on financial management to be provided before payment of compensation packages PAPs to be sensitized on alternative crops to be planted on the acquired wayleave Monitoring and evaluation team should give special consideration to the gender aspects related to use of compensation packages RAP for Kigoro Ngethu Pipeline 5-4 March 2017 Category Description Possible Participation Proposed Related resources Impairment/Limitation Barrier Assistance (financial and human) of relevance to the implementation budget Focus group discussions specifically for women so they can voice their issues and concerns The elderly PAPs that are over  No social support  Provide assistance Monitoring of their health 65 years of age from able bodied as determined status to ensure especially when they children and during final successful integration have grandchildren to negotiation of assist in relocation packages e.g. activities securing of transport means; . RAP for Kigoro Ngethu Pipeline 5-5 March 2017 Recommendations Additional assistance over and above compensation for affected properties should include but not limited to: o Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office; o Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled. 5.8 Entitlement Matrix In summary, the following entitlements and additional assistance are presented in Table 5-4 below. RAP for Kigoro Ngethu Pipeline 5-6 March 2017 Table 5-4: Proposed Entitlement Matrix Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance Land Owner  Cash compensation at  Cash compensation at  Cash compensation at  6 months’ notice to allow full replacement cost; full replacement cost; full replacement cost; PAPs to update land  Payment of a  Disturbance allowance Disturbance allowance at ownership documentation disturbance allowance at 15% of the crop and 15% of the asset value. prior to compensation amounting to 15% of the tree value. payment; value of land;  Initial verification of  PAPs should be ownership claims at the sensitised at the on-set village level in liaison with to update their land MLHUD before ownership confirmation by County documentation. There Land Officials i.e. County are cases of sub- Lands Officer and County divisions and Surveyor; to fast track the succession that should process of updating be sorted to ensure that documentations; there is no question on  Minimum of 3 months the eligibility of the land notice to vacate the owner identified under premises; this RAP;  Allowance to salvage any  Where land parcels are crop remains, timber and small resulting in losses wood products; of up to 20% of land or a  Allowance to salvage any residual land that is of materials from the no economic value to demolitions; the land owner, the  Capacity building and entire land parcel will be sensitisation on use of acquired. compensation funds. RAP for Kigoro Ngethu Pipeline 5-7 March 2017 Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance Land Tenants -  Cash compensation at  Allowance to salvage full replacement cost; any crop remains, timber Disturbance allowance at and wood products. 15% of the crop and tree  Three month notice to value. move;  Relocation assistance pegged at an arbitrary maximum of 6000 (developed from reported average of 3 months rent);  Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled. RAP for Kigoro Ngethu Pipeline 5-8 March 2017 Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance Female crop Already covered in main entitlements.  Monitor resettlement owners- activities to ensure no Daughters coercion during decision and Wives making. of land  Capacity building and Other Vulnerable owners. sensitisation on use of Groups compensation funds;  Psycho-social support should be provided by AWSB in conjunction with the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled. The elderly Already covered in main entitlements.  Provide assistance as determined during final negotiation of packages e.g. securing of transport means during relocation;  Monitoring of their health status to ensure successful integration.  Psycho-social support should be provided by AWSB in conjunction with RAP for Kigoro Ngethu Pipeline 5-9 March 2017 Category of PAPs Proposed Entitlement Proposed additional Land Crops and Trees Structures assistance the District Social Development Officers (DSDO). This can be through counselling and liaison to the existing welfare support programs under the DSDO’s office;  Assistance with transport for their property and salvaged properties during resettlement, if it is necessary that they have to be resettled.  RAP for Kigoro Ngethu Pipeline 5-10 March 2017 6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION 6.1 Existing Institutions of Relevance to This RAP The following institutions have been identified to be relevant in the implementation of the RAP. Table:6-1 Stakeholders/institutions to support RAP planning and implementation Stakeholders Category Role/Contributions Expectations Central Ministry of Processing land Successfully Government Lands, Housing documentations and implementation of the RAP and Urban confirmation of ownership. process Development; Central The Treasury Provision of funds for RAP is planned Government compensation and successfully implemented through participatory process Project AWSB Project Developer, RAP is planned Proponent Overseeing RAP and successfully Implementation including implemented through addressing grievances, participatory process technical, legal and policy Resources for issues. compensation are executed Facilitate the Valuation in time as planned. exercise County Murang’a and Management of the All PAPs are paid on time; Government Kiambu, County County; Telecom services are Government relocated promptly Kenya Rural State State corporations under Procedures for laying of Roads Authority Corporations the Ministry of Transport pipelines along road (KeRRA) and and Infrastructure reserves and across roads Kenya Urban established by the Kenya are complied with. Roads Authority Roads Act, 2007 with the (KURA) mandate of Management, Development, Rehabilitation and Maintenance of Rural Roads and National urban trunk roads respectively. They control developments on their road reserves. Project Affected Category A and Those whose land will be Compensation and Persons/Enterpri C affected and those residing livelihoods ses along the pipeline route improvement, assistance in identifying alternative area for business World Bank Funding of the Check and monitor that the RAP is planned and project RAP studies and successfully implemented in implementation are being accordance with the Bank conducted as per World Requirements. Bank requirements RAP for Kigoro-Ngethu Pipeline 6-1 January 2018 6.1.1 Ministry of Transport Infrastructure, Housing and Urban Development (MoTIHUD) The Ministry of Land, Housing and Urban Development (MLHUD) is mandated to formulate and implement land policy, undertake physical planning, register land transactions, undertake land surveys and mapping, land adjudication and settlement, land valuation and administration of State and public land. The MLHUD delegates the management of land in the Counties to the County Land Boards and Land Committees, while the Commissioner of Lands manages land belonging to the Government of Kenya. Murang’a and Kiambu County Lands Board The roles of the County Land Board are as follows:  Keep and allocate land by the State in the County;  Assist in recording, registering and transferring of rights or claims on land;  Make and keep up to date a list of compensation rates for the loss or damage to crops, houses and other property;  Revises the list of rates of compensation each year. The following departments under the Ministry of Lands will be important in the implementation and management of the RAP: County Lands Officer, County Lands Survey Office, and Valuation Surveyor The office deals with acquisition, planning, demarcation, survey, and allocation of all agricultural land. In the implementation of this RAP the department will be relevant in provision of support in dispute resolution and provision of clarification where land ownership instruments are outdated. This may occur in cases where registered owners are deceased or have subdivided and sold their land yet the records have not been updated. 6.1.2 National Land Commission The National Land Commission (NLC) is mandated to:  Manage public land on behalf of the national and county governments;  Recommend a National Land Policy to the national government;  Advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;  Conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;  Initiate investigations, on its own initiative, or on a complaint, into present or historical land injustices, and recommend appropriate redress;  Encourage the application of traditional dispute resolution mechanisms in land conflicts;  Assess tax on land and premiums on immovable property in any area designated by law; and  Monitor and have oversight responsibilities over land use planning throughout the country. The role of the NLC under the Land Act 2012 in resettlement is mainly concerned with compulsory acquisition. NLC will be used by AWSB for alternative dispute resolution in land based grievances. RAP for Kigoro-Ngethu Pipeline 6-2 January 2018 6.1.3 Ministry of Interior and Coordination Under the new dispensation, the Ministry has an 8 tier administrative framework starting with the County Commissioner to the Village Elders. Below is the breakdown of levels of administration:  Regional Commissioner Heads the Region;  County Commissioner Head of Counties;  Deputy County Commissioner Head of County;  Sub-County Commissioner Head of Division;  Deputy Sub-County Commissioner Head of Sub Division  Chief Head of Location;  Assistant Chief Head of Sub Location;  Village Elders Operate under Chief and Assistant Chiefs within villages. The officers of this Ministry were instrumental in mobilisation and co-ordination between the study team and the Murang’a and Kiambu County Government. Their contribution to the implementation phases of this RAP will promote continuity in whatever communication strategy is selected for RAP implementation. 6.1.4 County Governments The County Governments were formed under the Kenyan Constitution and consist of various levels including: o The County Governor; o The County Executive; o The Legislature known as Members of the County Assembly, headed by a Speaker; o Various officers leading specific departmental roles. Other actors within the County include: o Members of Parliament who represent their specific constituencies at the National Assembly; o A County level Women’s Representative who represents gender issue s at the National Assembly; o A Senator who represents the County at the Senate. The people’s representatives play a crucial role in support of the resettlement program due to their role as opinion leaders in the project area. Support of the RAP by the County Government will not be underscored as they play a crucial role in management of expectations both among the County Assembly and the PAPs. This group will therefore provide advisory and support services on a case by case basis during the implementation of the project and all its components including this RAP. RAP for Kigoro-Ngethu Pipeline 6-3 January 2018 6.2 Proposed RAP Implementation Arrangements This report proposes a three tier mechanism for implementation of this RAP o A RAP implementation mechanism (RAPIC); o A grievance resolution mechanism; o A monitoring and evaluation mechanism. Details are presented in subsequent sections. 6.3 RAP Implementation Committee We propose that a RAP Implementation Committee (RAPIC) be formulated with the following participants; o Athi Water Services Board; o County Government of Murang’a and Kiambu; o Ministry of Interior Design and Coordination; o PAP representatives. Specific roles are as presented in the following section. 6.3.1 Athi Water Services Board We propose that the main driver of RAP implementation and consequently the RAPIC be AWSB. To facilitate this, various staff in AWSB will be expected to play both primary (implementation) and secondary (co-ordination, supervisory and advisory) roles in RAP implementation. These are: o The Chief Executive Officer (CEO) AWSB; o Technical Manager, Project Implementation Unit; o AWSB Legal Advisors; o Environmental Officer; o Sociologists. We propose that the RAPIC secretary, the Grievance Resolution Co-ordinator as well as the field team leaders during RAP implementation be AWSB staff. All these persons will report to the Chief Executive Officer or whomever he seconds in his stead on RAP implementation matters. Considering that AWSB staff already have specific roles within the organisation that may or may not directly relate to RAP, we encourage that specific terms of reference (ToRs) be written for any AWSB staff charged with RAP implementation roles. These ToRs will be relevant to the implementation of the RAP for the duration of the pre-construction and construction phases of this project. While the CEO of AWSB is a key figure in RAP implementation, the day to day running of the RAPIC will be seconded to the Technical Manager, Project Implementation Unit. Due to the intensive time inputs expected during the disclosure period and the compensation payment phases, AWSB will hire more temporary staff to assist at these two crucial stages of RAP implementation. AWSB has already employed 5 project based sociologists who are assisting the office staff in implementation of the RAP for the Thika dam-Kigoro section of the RAP for Kigoro-Ngethu Pipeline 6-4 January 2018 pipeline. Temporary staff will also be required during the field activities for monitoring and evaluation verification / validation exercises. The following roles will be performed by AWSB Staff: Primary Roles These are the roles relevant to the day to day implementation of the RAP: o Community sensitisation through-out the implementation process; o Disclosure of the RAP Study outputs; o Secretary of the RAPIC; o Convene RAPIC meetings; o Keep records of the deliberations of the committee; o Issuance of compensation payment to PAPs; o In collaboration with the County Government, issue notices to relocate to PAPs; o Monitoring of the RAP implementation program (progress, inputs, outputs, outcomes and performance); Secondary Roles These are roles related to support of the overall implementation of the RAP. The key players will be AWSB staff in other disciplines including engineering, legal services, public relations / communication, human resources and finance. Specific roles will be to advise on or assist with: o Drawing of Terms of Reference for internal staff (AWSB) and representatives of various public bodies involved in RAP implementation; o Allocation of human resources and where necessary, hiring of staff to assist with or drive RAP implementation; o Dispute resolution; o Communication with public entities, the media and civil organisations; o Financial accounting and / or audits where deemed necessary, of financial resources allocated to compensation payment and RAP implementation; o Recruitment of RAP implementation support staff. 6.3.2 Murang’a and Kiambu County Government The following roles will be performed by the County Government: o Advise in verification of land ownership instruments issued by the former County / Municipal Councils; o Where necessary, advise on land ownership instruments issued by the former County / Municipal Councils; o Ensure that there is no further encroachment on the wayleave after the cut-off date; o In collaboration with AWSB, issue notices to relocate to PAPs; o Participate in dispute resolution. While the County Governors are a key figure in RAP implementation, the day to day involvement of the County Government in the RAPIC will be seconded to the County Executive Member in charge of Land. The County Executive Member in charge of Land will be the key person in co-ordinating County Government Staff in their supporting roles for RAP implementation. RAP for Kigoro-Ngethu Pipeline 6-5 January 2018 6.3.3 MoTIHUD Officers in Murang’a and Kiambu The roles and responsibilities of MoTIHUD officers will include but not be limited to the following:  Verifying ownership of the land;  Assist with land adjudication where necessary and the related roles;  Assist in efficient update of land ownership records;  Participate in the grievance mechanism when called upon;  Advise on valuation whenever there is a re-alignment of the project wayleave. 6.3.4 Ministry of Interior and Coordination The roles of these officers in the implementation of this report are: o Co-ordinating and mobilizing identified departments at County level to participate in the implementation of the RAP report especially the Chiefs; o Provision of security during implementation of the RAP; o Facilitation of election of PAP representatives. The Chief and Assistant Chiefs will be responsible for the following: o Initial verification of ownership claims at the village level in liaison with MoTIHUD before confirmation by County Land Officials i.e. County Lands Officer and County Surveyor; o Certification of agreements between land owners and family members with regards to the compensation exercise; o Verification of sale and resolution of grievances for cases where land parcels were sold without a written sale agreement to facilitate compensation; o Organising public sensitization and mobilization drives during disclosure by MoTIHUD and compensation; o Participating in dispute resolution. 6.3.5 PAP Representatives These are persons in the RAPIC to represent the PAPS. PAP representatives from institutions will be appointed by the respective institution while PAP Representatives for households and tenant farmers will be elected. Through-out the approximately six kilometre stretch the following representatives will be key:  Two representatives of land and asset owners;  A representatives of tenant farmers;  A female representative of land and asset owners;  A female representative of tenant farmers;  A youth representative of tenant farmers;  A representative from Members of County Assembly (MCAs) of the affected areas. The PAP representatives will then select a chairman among themselves. The roles of the PAP representatives are to:  Collect views of the PAPS and present them to the RAPIC;  Help in confirmation of the asset inventory;  Act as a liaison between the RAPIC and the PAPs and vice versa;  Assist in dispute resolution where necessary. RAP for Kigoro-Ngethu Pipeline 6-6 January 2018 Figure 6-1 Organogram for the Proposed RAPIC RAP for Kigoro-Ngethu Pipeline 6-7 January 2018 Key PIU: Project Implementation Unit REP: Representative MCA: Member of County Assembly 6.4 RAP Implementation Schedule An outline of the proposed implementation schedule is as presented in Figure 6-2 overleaf. RAP for Kigoro-Ngethu Pipeline 6-8 January 2018 Figure 6-2 RAP Implementation Schedule Duration in Months Activity 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1. Mobilization and Negotiations 2. Sensitization of the PAPs 3. Allowance for update of land ownership documentation 4. Recruitment of support (temporary) staff 5. Disclosure of proposed compensation at Household level 6. Election of PAP representatives 7. Constitution of a RAPIC 8. Establishment and institution of a grievance mechanism 9. Determination of administrative costs for RAP implementation 10. Determination of a funds allocation plan 11. Confirmation of a RAP implementation schedule 12. Drawing up offer documents for PAPs 13. Solving of grievances 14. Conduct M and E 15. Payment of compensation 16. Serving notice to move 17. Relocation and recovery of materials 18. Closedown audit RAP for Kigoro-Ngethu Pipeline 6-9 January 2018 6.5 RAP Implementation Budget 6.5.1 Direct Costs for RAP Implementation The estimated RAP Budget can be estimated at One Hundred and Five Million, Thirteen Thousand, Six Hundred and Fifty Only (Kshs 105,013,650). The exact breakdown of this estimation is as presented in Table 6-2. Table 6-2: Estimated Direct Costs for RAP Implementation Asset Amount in Kshs Compensation for loss of land and improvements inclusive of 15% disturbance allowance for all losses 97,100,000 Provisional cost for M&E at 3% of compensation 2,913,000 cost Sub Total 100,013,000 Contingency 5% of total budget 5,000,650 Grand Total 105,013,650 To avoid duplication in budgeting, the following items are covered in the RAP for Thika-Kigoro section of the new wayleave: Asset Amount in Kshs Provisional sum to cover for RAPIC and grievance committee meeting 6,000,000.00 costs (rooms, transport, refreshments, stationery etc) at a maximum of Kshs 900,000 per month for a maximum of 20 months. Provisional sum for Capacity Building Programs for RAPIC, M&E and 2,000,000.00 Grievance Committee members at a maximum lump sum of KES 2,000,000. Capacity building and sensitization of PAPS on compensation (500,000 1,500,000.00 for a maximum of 6 months) Provisional sum for Consultancy services for development of a 3,000,000.00 communication plan-A lumpsum of 3,000,000.00 6.5.2 Administrative Costs for RAP Implementation Annual budgetary arrangements will be made for the running of the various arms of the implementation committee. Budgetary arrangements will include the following: o Staff packages in the event of hiring of additional resettlement staff (e.g. salaries and benefits); o Office capital investment costs and running expenses; o Logistical costs for travel to meetings and field visits from AWSB headquarters in Nairobi to Murang’a and Kiambu County. These costs include, fuel and out of office allowances for AWSB staff; o Purchase of field equipment and vehicles; o Resettlement preparation costs; o Financial auditing costs; o Internal monitoring and evaluation costs (provision for external monitoring and evaluation already given in the RAP Budget in this report); o Specialised surveys to evaluate the improvements required and / or the success of the re-establishment of incomes and livelihoods; o Allowance for land adjudication, survey, and subdivision for the affected land parcels whose ownership instruments are outdated; o Allowance for a survey program for the acquired wayleave. RAP for Kigoro-Ngethu Pipeline 6-10 January 2018 7 GRIEVANCE MECHANISMS 7.1 General Information Grievance mechanisms are important to the resettlement process as they allow for RAP implementers to identify disputes in good time and allow for them to be resolved in a transparent and accountable manner. Compensation based disputes are issues likely to occur during and after the RAP implementation program, hence it is critical to establish this system prior to implementation of the resettlement program. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgements on both sides. A well established and validated grievance mechanism can also promote good relations between the project proponent and the affected community thus reducing the risk of hostilities and delays on the construction program, both before and after the contractor takes possession of the site. 7.1.1 Existing Mechanisms for Dispute Resolution From consultations during the RAP studies, the study team was informed that the following local mechanisms already exist: For the case of land disputes on boundaries of property, the District Land Registrar’s office usually handles these cases. Other land disputes are usually referred to the Courts. Section 4 (2) (h) of the Land Act 2012 on the guiding values and principles under the Act is on “encouragement of communities to settle land disputes through recognized local community initiatives”. The grievance mechanism proposed under this RAP aims at incorporation of a locally based grievance mechanism. 7.1.2 Expected Grievances Considering the nature of resettlement and as informed by the findings of the field studies, the type of grievances that may arise include: o Grievances from PAPs who want the proponent to permanently acquire the easement as they feel their land is no longer economically viable; o Issues of succession that have not been clearly resolved among household siblings. Such situations among the PAPs may result in family feuds over who should receive compensation on behalf of the affected family; o Grievance between PAPs and the RAP implementers; o Grievance between PAPs and AWSB with regard to compensation packages offered; o Grievances between PAPs and RAP implementers may arise if PAPs feel they are not adequately involved in the implementation process. These kinds of disputes are best resolved at the local level to avoid time delays that may arise if people move to court. It would also help to manage the risk of loss of social capital due to bad relationships among family members and neighbours. RAP for Kigoro-Ngethu Pipeline 7-1 January 2018 7.1.3 Proposed Grievance Mechanism During the Elders FGDs, the study team probed on the appropriate proposals to compensation to avoid the occurrence of the noted problems during compensation, such as family feuds and conflict. Members agreed that the most appropriate method will be to go through the local administration in case the issue was not solved at family level. The findings from the FGDs also raised suggestion that while the proposed grievance mechanism will be through the local administration, other members of the mechanism should include PAP representatives from all locations affected as well as local and external professionals. The following grievance mechanism is proposed for the implementation of this RAP: (a) Level One: Local Committee A Local Grievance Committee constituted of the following members will be formed at the local level: o Chairman: Area MCA o Secretary: Area Chief o Members: three PAP representatives consisting of a man, a woman and a youth (18 to 30 years). This committee will sit at the office of the Ward Representative. The following procedure is proposed: 1. A PAP registers a grievance at the Chief’s office using a “Grievance Registration Form” and within two working day, the committee members are alerted of the case(See appendix 4 for a sample of the Grievance Registration Form); 2. The Grievance is logged into the Grievance Register and the affected person is immediately informed of the next date of the scheduled hearing. Depending on the case load, a maximum of 14 working days should be given between the date that a case is recorded and the date when the hearing is held; 3. The committee meets once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held; 4. The committee will communicate its judgement to the affected persons within 7 working days (See appendix 5 for a sample Resolution Form); 5. If no resolution is met or the PAP is not satisfied with the judgement, the case is moved to the next level by the committee. This will be done within 14 working days of the hearing; 6. If the PAP is not satisfied with the judgement, he or she will be allowed to move the case to the next level. (b) Level Two: County Committee Some grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing a solution. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support. A County Level Committee will constitute of the following members: o County Commissioner (CC); o A representative from the county land management boards; o Respected Opinion Leader in the Community such as a religious leader or a community elder; o A specifically delegated representative from AWSB; o A representative of the County Government e.g. the Chief Officer Lands Housing and Urban Development RAP for Kigoro-Ngethu Pipeline 7-2 January 2018 o Members: three PAP representatives consisting of a man, a woman and a youth. This committee will be chaired by the Opinion leader but the proposed secretary who is the County Commissioner is the representative from MSF. This committee may also invite an arbitrar or qualified representatives from the Attorney General’s Office at the County Level. Other specialists from the line ministries can also be invited to provide expert advice as the need arises. These may include officers from the National Land Commission, County Land Management Boards, Ministry of Land and Physical Planning such as the District Lands Surveyor and / or the District Land Registrar. This committee will sit once a month at the County Government Office. The following procedure is proposed: 1. A grievance is forwarded from the Local Level Committee either by the PAP or forwarded by the secretary (the Chief) of the local committee and logged at the County Commissioners’ Office. This includes other cases forwarded from the Local Committee Level (see appendix 6 for a sample Complaints Log); 2. Within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing; 3. Prior to the hearing, the chairman and the secretary will determine the need for an arbitrar and invite them to the hearing; 4. A hearing will then be held within twenty days of the grievance being raised; 5. In cases where an arbitrar is required, the committee’s ruling is final. The complainant should however be made aware of the fact early prior to commitment to the arbitration; 6. The ruling of the hearing should be communicated within 3 working days; 7. Disputes that cannot be resolved at this level should be forwarded by the committee to the next level within five working days. Whatever decision is made at this level should be communicated downwards to the local level to avoid duplication of issues. (c) Level Three: Project Committee Some grievances may also occur that are outside of the direct control of the RAPIC and would require intervention at national or county policy level. These include disputes that require policy interpretation or investigations prior to a conclusive resolution, or changing of compensation packages as agreed under this RAP. In such cases, the RAPIC may require legal interpretation on certain aspects. A Project Level Committee constituted of the following members is therefore proposed: o Chairman: Chief Executive Officer AWSB; o A representative from the Ministry Of Finance; o A specifically delegated representative from AWSB; o Legal representative AWSB; o Project Engineer, who will also serve as the secretary. This committee will sit once a quarter at the County Government Office. The following procedure is proposed: 1. A grievance is logged at the County Government Office and within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing. This includes cases forwarded from the County Committee Level; 2. A hearing will then be held within thirty days of the grievance being raised; 3. In the event that investigations and technical witnesses are required, a maximum of thirty (30) calendar days will be taken prior to a hearing being held; RAP for Kigoro-Ngethu Pipeline 7-3 January 2018 4. The committees decision will be communicated in writing within 5 working days of the date of the hearing; 5. If the committee does not resolve an issue, the affected persons are free to go to the Land and Environment Court. Considering the various levels of decision making required at this stage, it is proposed that the final decision from this committee be communicated within three months (a quarter within the financial year). A flow chart of this process is presented in Figure 6-2 overleaf. Whatever decision is made at this level should be communicated downwards to the local level to avoid duplication of issues. RAP for Kigoro-Ngethu Pipeline 7-4 January 2018 Grievance lodged at the chief’s office 14 days LOCAL LEVEL COMMITTEE RAP implementation committee meeting 14 days RESOLUTION 14 days Discussion with PAP NO RESOLUTION 14 days Grievance lodged Invitations to Abitrar or 14 days at County Technical witness commissioner’s office 14 days COUNTY COMMITTEE Notice to PAP of hearing 14 days RESOLUTION Hearing NO RESOLUTION 14 days 14 days Grievance lodged at COUNTY COMMITTEE Notice of Project Engineers hearing to PAP office 28 days Hearing RESOLUTION NO RESOLUTION Court of Law RAP for Kigoro-Ngethu Pipeline 7-5 January 2018 8 MONITORING AND EVALUATION Monitoring and Evaluation (M&E) involves the development of a system through which information regarding resettlement activities of PAPs is analyzed by the implementing agency or other tasked independent monitors to ensure objectivity and success of the whole RAP process. RAP monitoring helps to evaluate the success of resettlement through the study of specific performance indicators for a reasonable period of time after the resettlement activities have been completed. The process is also important in measuring project inputs, outputs and outcomes of resettlement activities and for evaluating resultant resettlement impacts. 8.1 Internal Monitoring AWSB has the overall responsibility of conducting regular internal monitoring of the progress of project implementation. The monitoring should be systematic evaluation of the implementation stage in relation to the recommendations of this report. In undertaking the same, AWSB will be the main driver of RAP implementation. As such, it will be their responsibility to undertake regular internal monitoring of the process. The objectives of internal monitoring and evaluation will be:  To ensure that the compensation process is implemented with utmost transparency;  To verify that funds for implementation of the RAP are provided in a timely manner and in amounts sufficient for their purposes. The Internal monitoring process should entail the following regarding the process:  Accomplishment to-date;  Objectives attained and not attained during the period;  Problems encountered, and;  Suggested options for corrective actions. 8.2 External Monitoring To ascertain quality and objectivity in the process, we also recommend that AWSB engage an external expert to conduct a comprehensive evaluation of the implementation of compensation activities and milestones on a regular basis. The objective of the monitoring will be to:  Review the results of the internal monitoring and review overall compliance with the study recommendations;  Assess whether compensation process objectives have been met, especially with regard to signing of agreements and management of grievances;  Evaluate post-compensation assistance to PAPs;  Assess general efficiency of the process and formulate lessons for future guidance;  Determine overall adequacy of entitlements. RAP for Kigoro-Ngethu Pipeline 8-1 January 2018 8.3 Monitoring and Evaluation Schedule The tools for monitoring and evaluation should include:  Review of reports e.g. construction, grievances, implementation etc;  Review of minutes of public meetings;  Review of complaints reports;  Focus Group Discussions;  Sample surveys. The monitoring and evaluation cycle should consist of the benchmark shown on Table 8-1. Below The completion audit should bring to AWSB‘s responsibilities for resettlement, compensation, livelihood restoration, and development support . RAP for Kigoro-Ngethu Pipeline 8-2 January 2018 Table 8-1 Monitoring and Evaluation benchmarks Benchmarks Responsibilities Aspects Reporting Frequency Monitoring of resettlement AWSB representatives  Review and confirmation of census and This should be At the beginning exercise from head office identification documents; supported by of RAP  Conduct audits on grievances, including submission of quarterly implementation checkups on number of public meetings held; reports by: and ongoing  Conduct monitoring of the the process, extent  AWSB Environmental and level of community engagement with PAPs Officer; leading to resettlement/relocation;  Officer in charge of  Community engagement process and community liaison in outcomes; AWSB  Include contingency to deal with emerging issues;  PAPs perception on handing of grievances;  Percentage of payments made vis a vis percentage of payments issued;  Percentage of people resettled;  Percentage of social amenities constructed;  Percentage of social programmes implemented;  Follow up reports submitted on emerging issues during RAP implementation. Monitoring of Resettlement Officer in charge of  Develop monitoring checklist from the ESIA This should be At the beginning impacts community liaison in study reports; supported by of RAP AWSB  Monitor changes vis a vis PAPs baseline data; submission of monthly implementation  Identify improvements in the lives of PAPs, reports by the AWSB and ongoing. Expected, improvements include; Environmental Officer, o Improved school attendance; the AWSB community o Upgrades in social amenities e.g. schools, Liaison Officer. medical facilities, water supply, sanitation facilities and communication facilities; o Improved access to social amenities in terms of better roads or faster means of travel and their affordability. o Jobs retained o New jobs created for PAPs. RAP for Kigoro-Ngethu Pipeline 8-3 January 2018 Benchmarks Responsibilities Aspects Reporting Frequency Preliminary and Independent third  Ensure all physical assets that were committed Semi-annually Semi-annually Completion Audit party have been delivered to the PAPs;  Compliance to a local and international laws and policies;  Percentage of targets achieved;  Constraints and mitigations to constraints;  Handling of emerging issues;  Response on grievances raised. This should include adequacy of dealing with queries and the promptness with which grievances were attended to;  Percentage attendance of public meetings;  Percentage of development initiatives that were started as well as their status at closure (active or inactive). RAP for Kigoro-Ngethu Pipeline 8-4 January 2018 8.4 Methods of Monitoring The M&E approach would be to identify and select a set of appropriate monitoring aspects and indicators and gathering information on them to assess the changes and variations. Participation of stakeholders, especially the affected persons and vulnerable groups will be ensured in the M&E process. Monitoring tools would include both quantitative and qualitative methods as follows:  Focused Group Discussions (FGD): Consult with a range of stakeholder groups (local government, Compensation Unit, NGOs, community leaders and PAPs);  Key informant interviews: Consult individuals like local leaders, persons with special knowledge or experience about relocation activities and implementation;  Stakeholder meetings: Open or one on one meeting to elicit information about performance of various project activities;  Structured direct observations: Field observations on status of RAP report implementation, plus individual or group interviews for crosschecking purposes;  Informal surveys/interviews: Informal surveys of PAPs, workers, project staff, and implementing agency personnel using non-sampled methods. In the case of special issues, in-depth case studies of PAPs and host populations from various social classes will be undertaken to assess impact of the project. From the monitoring and evaluation process, the expert will prepare status reports to be forwarded to AWSB for further action. 8.5 Reporting The quarterly evaluation reports shall be compiled by the internal evaluation team formed by the AWSB. This report shall then be availed to the Compensation Unit and the PAPs. The same procedure shall be adopted by the external evaluation team. For this RAP the monitoring and evaluation reporting schedule will be as follows:  Monthly reports on:  Assessment on the use of resources and the production of outputs, and to identify key issues requiring more intensive study;  Panel studies to provide continuous feedback on implementation and to identify potential problems;  Combined progress report to include all the above and to be circulated internally.  Periodic reports to be done whenever management requires help in the evaluation of problems, or require information to help in making an important decision;  Annual monitoring and evaluation reports. The end of monitoring and evaluation will be marked by completion of RAP implementation. RAP for Kigoro-Ngethu Pipeline 8-5 January 2018 9 CONCLUSION Generally, the proposed project will result in appreciable benefits to the city of Nairobi, its satellite towns and Kenya at large and bring opportunities for both social and economic development. The proposed community water supply project is also expected to bring direct benefits to the residents of Murang’a and Kiambu County. As part of rehabilitation, the project should consider an alternative of free or highly subsidized water connections with free meters for the vulnerable in informal settlements and female headed households as part of the compensation framework and this can be discussed with relevant companies responsible for water distribution such as Nairobi Water and Sewerage Company, and equivalent companies in Murang’a and Kiambu respectively. The report outlines mechanisms to allow for PAP involvement throughout the disclosure, implementation as well as monitoring and evaluation processes under RAP implementation. The report includes measures to ensure that resettlement does not interfere with sources of income including current jobs available to the PAPs and compensation from loss of income from business structures and related activities. A participatory approach was facilitated and is encouraged in future through public meetings, one on one discussions through grievance mechanism and focus group discussions. The proposed implementation committee calls for inclusion of community members, including representatives of vulnerable groups to ensure that every PAP has a voice during resettlement process. This RAP study also provides for additional institutional support to AWSB as well as targeted recruitment of staff during specific activities and events during the RAP implementation program. AWSB will hire more temporary staff to assist in RAP implementation. AWSB has already employed 5 project based sociologists who are assisting the office staff in implementation of the RAP for the Thika dam-Kigoro section of the pipeline. It also required that whoever is allocated tasks for RAP implementation, should be given specific terms of reference, roles and responsibilities and the requisite financial and human resources to carry out their mandate. Some of the identified institutions under this proposed set-up have experience through the implementation of the RAP for Thika Dam – Kigoro pipeline. However, additional capacity building programs are also necessary, to bring all the stakeholders in touch with the accepted resettlement policies proposed under this RAP. RAP for Kigoro-Ngethu Pipeline 9-1 January 2018