ABBREVIATED RESETTLEMENT ACTION PLAN REPORT FOR PROPOSED MAKOMBOKI, KIRURI & ICHICHI WATER SUPPLY PROJECT FINAL REPORT MAY 2018 KENFACE ENCONSULTS (AFRICA) LTD 1ST FLOOR MIRAGE PLAZA, MOMBASA ROAD P. O. BOX 14219 00100 - NAIROBI E-Mail: Info@Kenfaceafrica.Org Tel: 020 6007973, Fax: 020 6007022 Website: www.Kenfaceafrica.Org 1 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 FACT SHEET Project Name Water and Sanitation Services Improvement Project Additional Financing (WaSSIP-AF) - Construction of community water supply projects neighbouring the northern collector water scheme. Assignment Name Abbreviated Resettlement Action Plan for the proposed water supply project. Project description The proposed water supply project entails the construction of a water distribution pipeline and storage tanks. Client Athi Water Services Board Coverage The project coverage involves the locations of Makomboki, Kangari, Kiruri and Ichichi. Funding Agency World Bank Consultants Kenface Enconsults (Africa) Ltd Box 14219-00100, Nairobi. Start Date October, 2017 Completion Date December, 2018 I Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 ACKNOWLEDGEMENT The consultant is grateful to the project proponent for commissioning us to conduct this Resettlement Action Plan (RAP) in respect of the proposed project. We would like to further acknowledge with great appreciation the people of Makomboki, Kiruri and Ichichi who participated in the public consultation process for their cooperation throughout the exercise. The team further acknowledges the support from the Athi Water Services Board project officers who assisted the consultant with project information and their involvement in public consultation. II Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 TABLE OF CONTENTS ACKNOWLEDGEMENT....................................................................................................... II TABLE OF CONTENTS ....................................................................................................... III ABBREVIATIONS ............................................................................................................. VII GLOSSARY OF TERMS..................................................................................................... VIII LIST OF TABLES ................................................................................................................ XI LIST OF FIGURES ............................................................................................................. XII EXECUTIVE SUMMARY ................................................................................................... XIII CHAPTER ONE: INTRODUCTION .................................................................................. 1 1.1 Background of the Project ......................................................................................... 1 1.2 Project location .......................................................................................................... 1 1.3 Scope of the A-RAP .................................................................................................... 1 1.4 Justification for Abbreviated Resettlement Action Plan ........................................... 2 1.5. Project justification ......................................................................................................... 2 1.6 Approach and methodology ...................................................................................... 4 CHAPTER TWO: LEGAL AND INSTITUTIONAL FRAMEWORK ........................................... 5 2.1. Laws of Kenya ............................................................................................................ 5 2.1.1. Overview ................................................................................................................... 5 2.2.2. The Matrimonial Property Act 2013 ....................................................................... 8 2.2.3 The Constitution of Kenya, 2010 ........................................................................... 9 2.2.4 The Land Act, 2012............................................................................................... 10 2.2.5. Land Laws (Amendment) Act, 2016........................................................................ 15 2.2.6. Valuers’ Act, Chapter 532 ................................................................................ 15 2.2.7. Physical Planning Act ....................................................................................... 16 2.2.8. The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012...................................................................................... 16 2.2.9. The Land and Environment Court Act 2011 ........................................................... 17 2.2.10. The National Land Commissions Act 2012 ........................................................... 18 2.1.11. The Children Act, 2001 and the revisions of 2010 and 2012 ............................... 18 2.2 World Bank Policy OP 4.12 (Involuntary Resettlement) .......................................... 19 2.4 Comparison between the Kenyan Legislations and World Bank OP 4.12 ............... 20 CHAPTER THREE: PROJECT DESCRIPTION......................................................................... 26 3.1. Overview ....................................................................................................................... 26 3.2. Kiruri & Ichichi Community Water Supply ............................................................... 28 III Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 3.2.1 Project design....................................................................................................... 28 3.2.2. Intake ............................................................................................................... 28 3.2.3. Conveyance Pipeline ........................................................................................ 31 3.2.4. Mainlines and Distribution lines ............................................................................. 31 3.2.5. Water Tanks ............................................................................................................ 32 3.2.6. Break Pressure Tanks .............................................................................................. 32 3.3. Makomboki Community Water Supply ................................................................... 34 3.3.1. Project design ......................................................................................................... 34 3.3.2. Intake ............................................................................................................... 35 3.3.3. Mainlines and Distribution lines ............................................................................. 37 3.3.4. Storage Tanks ................................................................................................... 38 3.3.5. Break Pressure Tanks ....................................................................................... 38 3.4. Components necessitating resettlement ................................................................ 40 CHAPTER FOUR: SOCIO-ECONOMIC INFORMATION AND RESETTLEMENT IMPACTS ......... 42 4.1 Approach for Identifying Project Affected Persons ................................................. 42 4.2. Population ................................................................................................................ 43 4.3 Social characteristics of PAPs ................................................................................... 44 4.3.1 Demographics of the land owners ....................................................................... 44 4.3.2 Level of education ................................................................................................ 45 4.3.3 Occupation ....................................................................................................... 46 4.3.4 Main source of water ........................................................................................... 46 4.3.5. Land tenure system ................................................................................................ 47 4.3.6 Ethnic distribution and Religion........................................................................... 47 4.3.7 Women................................................................................................................. 47 4.3.8 Children ................................................................................................................ 47 4.3.9 Housing ................................................................................................................ 48 4.4 Land Use ................................................................................................................... 48 4.5 Resettlement Impacts .............................................................................................. 48 4.5.1 Displacement ................................................................................................... 48 4.5.2 Affected Land ....................................................................................................... 49 4.5.3 Affected Trees and Crops ..................................................................................... 49 IV Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4.5.4 Affected structures .............................................................................................. 49 4.5.5. Affected property according to each PAP ...................................................... 49 CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION.................................... 53 5.1 Introduction ............................................................................................................. 53 5.2 Stakeholders ............................................................................................................ 53 5.2.1 Directly Affected People .................................................................................. 53 5.2.2 Indirectly Affected Persons .............................................................................. 53 5.2.3 Government Agencies...................................................................................... 54 5.3 Community Meetings and issues raised .................................................................. 57 CHAPTER SIX: VALUATION OF AND COMPENSATION FOR LOSSES ............................... 58 6.1 Inventory of Assets and PAPs .................................................................................. 58 6.2 Valuation Procedure ................................................................................................ 58 6.3 Land Survey .............................................................................................................. 59 6.4 Socio-economic profile of each PAP ........................................................................ 59 6.5 Computation of Compensation Packages ................................................................ 60 6.6 Forms of Compensation ........................................................................................... 60 6.7 Disclosure of valuation report and signing of the agreement ............................... 60 6.8 RAP implementation cost ........................................................................................ 60 CHAPTER SEVEN: ELIGIBILITY AND ENTITLEMENT MATRIX ............................................... 62 7.1 Introduction ............................................................................................................. 62 7.2 Cut-Off Date ............................................................................................................. 63 7.3 Eligibility for resettlement/relocation ..................................................................... 63 CHAPTER EIGHT: RAP ORGANIZATIONAL PROCEDURE AND IMPLIMENTATION SCHEDULE 69 8.1 Organizational procedure ........................................................................................ 69 8.1.1 Resettlement Implementation Team (RIT) ........................................................ 69 8.1.2 Resettlement Working Group (RWG) ................................................................. 70 8.1.3 Local PAP Committees ........................................................................................ 70 8.2 Implementation schedule ....................................................................................... 70 CHAPTER NINE: GRIEVANCE REDRESS MECHANISM ................................................... 73 9.1 Introduction ............................................................................................................. 73 9.2. Grievance Mechanisms ............................................................................................ 73 9.3. Grievance Resolution Process .................................................................................. 76 V Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 9.4. Monitoring Complaints ............................................................................................ 79 CHAPTER TEN: MONITORING AND EVALUATION ............................................................. 80 10.1 Internal monitoring .................................................................................................. 80 10.2 External Monitoring ................................................................................................. 80 10.3 Monitoring Indicators .............................................................................................. 81 CHAPTER ELEVEN: CONCLUSIONS ................................................................................... 83 APPENDIX....................................................................................................................... 85 APPENDIX I: ASSETS REGISTER ............................................................................................ 86 APPENDIX II: PUBLIC CONSULTATION MINUTES AND ATTENDANCE SHEET ..................... 92 APPENDIX III: GRIEVANCE REGISTRATION FORM............................................................. 114 APPENDIX IV: SAMPLE GRIEVANCE AND RESOLUTION FORM......................................... 115 APPENDIX V: EXCEL GRIEVANCE LOG................................................................................ 116 APPENDIX VI: SAMPLE QUESTIONNAIRE USED ................................................................ 117 VI Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 ABBREVIATIONS AIDS Acquired Immune Deficiency Syndrome A-RAP Abbreviated Resettlement Action Plan EMCA Environmental Management and Coordination Act ESIA Environmental and Social Impact Assessment HHs Households HIV Human Immunodeficiency Virus IFC International Finance Corporation M&E Monitoring and Evaluation NCT Northern Collector Tunnel NEMA National Environment Management Authority NLC National Land Commission OP (World Bank’s) Operational Policy PAPs Project Affected People RAP Resettlement Action Plan RLA Registered Land Act ToR Terms of Reference WB World Bank VII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 GLOSSARY OF TERMS Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement. Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost or at current market value. Cut-off date: means the date of starting the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Displaced Person (DP): Displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Encroachers: mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the VIII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 project. The term also refers to those extending attached private land into public land or constructed structure on public land for only renting out. Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and business restoration which are due to PAPs, depending on the type and degree /nature of their losses, to restore their social and economic base. Household: A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). Inventory of losses: means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Non-titled/squatters: means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or public land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. Relocation: means displacement or physical moving of the displaced persons from the affected area to a new area/site and rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-establishing income, livelihoods, living and social systems Replacement cost: means the value of assets to replace the loss at current market price, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition. IX Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Structures: mean all buildings including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls, tube wells, latrines etc. Vulnerable Households: means households that are (i) headed by single women or women with dependents and low incomes; (ii) headed by elderly/ disabled people without means of support; (iii) headed by minors. X Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 LIST OF TABLES Table 2.1: Comparison of Kenyan and World Bank Policies on Resettlement and Compensation ...................................................................................................................................... 22 Table 3.1: Kiruri - Ichichi Conveyance line. .............................................................................. 31 Table 3.2: Mainlines and Distribution lines ............................................................................. 31 Table 3.3: Mainlines and distribution lines.............................................................................. 37 Table 3.4: Summary of land requirement for the Infrastructure under the project ............... 40 Table 4.1: General population in the project area .................................................................. 43 Table 4.2: Population Projection by Age Cohorts .................................................................... 43 Table 4.3: Demographic data ................................................................................................... 45 Table 4.4: Summary of Loss of Land Impacts........................................................................... 49 Table 4.5: Summary of Loss of Trees and crops ...................................................................... 49 Table 4.6: Details of affected property .................................................................................... 50 Table 5.1: summary of comments from key informants. ........................................................ 55 Table 6.1: Summary of Assets Compensation Costs ................................................................ 60 Table 6.2: Summary of administrative and other Costs .......................................................... 61 Table 6.3: Estimated Costs for RAP Implementation............................................................... 61 Table 7.1: Entitlement matrix .................................................................................................. 64 Table 8.1: RAP Implementation schedule ................................................................................ 71 Table 10.1: Monitoring indicators ........................................................................................... 82 XI Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 LIST OF FIGURES Figure 3.1: Map showing the proposed project, the NCT1 project and the downstream water supply projects. ........................................................................................................................ 27 Figure 3.2: Kiruri & Ichichi diversion weir body ....................................................................... 29 Figure 3.3: Layout of Kiruri and Ichichi water supply project .................................................. 33 Figure 3.4: Dilapidated weir body at Gikakima intake in Makomboki .................................... 35 Figure 3.5: Makomboki weir with apron and cut off wall ....................................................... 37 Figure 3.6: Layout of Makomboki water supply project.......................................................... 39 Figure 4.1: Level of education .................................................................................................. 45 Figure 4.2: Occupation ............................................................................................................. 46 Figure 4.3: Sources of water .................................................................................................... 46 Figure 9.1: Grievance redress procedure ................................................................................ 78 XII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 EXECUTIVE SUMMARY E1. Purpose Athi Water Services Board (AWSB) contracted Kenface Enconsults (Africa) Ltd to undertake Abbreviated Resettlement Action Plan (A-RAP) for the proposed Makomboki, Kiruri & Ichichi water supply project. This A-RAP presents an inventory of PAPs, a register of the assets that are likely to be affected by the project and the proposed compensation package. E2. Approach and Methodology The Consultants adopted a systematic, integrated, participatory and collaborative approach to achieve the objectives of the study. Document reviews, field investigations, focus group discussions and key informant interviews were conducted, in addition to consultations with administrators (Chiefs and their Assistants) and community leaders. The A-RAP examines all legal and regulatory frameworks and grievance redress procedures for the PAPs, socio-economic profiles in the project area, identified areas that would require resettlement and proposed relevant compensations and entitlements. The report also provides implementation framework, accountability, monitoring and evaluation mechanisms. Some of the key components in the A-RAP included: i) Population: this will give an indication of the people/populations affected during project implementation. ii) Public Consultations: Consultations were conducted with the affected persons/communities where issues that arise during the project life cycle were discussed. iii) Project Impacts: The project traversed a long stretch of land with considerable levels of mitigable impacts to the flora and fauna. Some impacts were socio-economic in nature especially during the construction phase. This would be addressed by interventions suggested in the ESIA report developed separately for the project. iv) Monitoring and Evaluation: There will be need for continued monitoring and evaluation. This will ensure that issues that arise before and after project implementation are properly addressed. XIII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 v) Community expectations: All the community expectations and concerns as obtained during the public participation were documented and addressed. E3. Project description The proposed water projects are located in Murang’a County and consist of two independent projects: (1) Kiruri & Ichichi and (2) Makomboki water supply projects. The two projects are located in Kangema and Kigumo sub-counties of Murang’a County. The intake works are located upstream of the proposed Northern Collector Tunnel (NCT) Phase 1 project and are meant to serve residents living along the NCT1 project. This is part of AWSB strategy to address the water needs of the communities living along and downstream of the NCT Phase 1 project. The Kiruri & Ichichi water supply project is meant to abstract water from a tributary of South Mathioya River (Manguyo stream) by construction of a diversion weir about 8.5 km inside Aberdare forest. The source of water for the small existing community water systems at Ichichi and Kiruri is not sufficient and sustainable for the target population of 25,789 in Kiruri, Ichichi and Kanyenyaini locations. The current situation informed the need to have a new water source which would provide sufficient pressure to command the highest point in the area. The Kiruri and Ichichi water system will have the following key components: i. 1No. diversion weir and 2 No. intake chambers. ii. DN 280 mm - 8.6 km long conveyance line inside the forest. iii. DN 90- 200mm - 15.9 km long main pipelines. iv. DN 63- 90mm - 15.2 km distribution pipelines. v. 2No.-225m3 masonry storage tanks. vi. 8No. -10m3 break pressure tanks. The Makomboki water supply project involves the rehabilitation of the existing Gikakima Self Help Group Community Water Supply system which covers most parts of Makomboki location. The following works have been proposed; i. Re construction of the existing intake – diversion weir and intake chamber i.e. demolishing the existing intake works and constructing another intake with minimal XIV Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 interruption to the current water supply. The current intake is dilapidated and repairing the intake is economically and technically unfeasible. ii. DN 90- 200mm – 9.4 km long main pipelines. iii. DN 90- 110mm – 4.2 km long sub main pipelines. iv. 2 No. -225 m3 masonry storage tanks. v. 1No. 150m3 masonry storage tank. vi. 1 No. -10m3 break pressure tanks. E4. Legal Framework of the A-RAP This A-RAP and its entitlement matrix has been prepared in compliance with the applicable policy provisions of Kenyan Government and requirements of the World Bank's Safeguard Policy on Involuntary Resettlement. Relevant Kenya laws considered include: - - Land Act, 2012 - Valuers’ Act - The New Constitution of Kenya - The Land Acquisition Act Chapter 295 OP 4.12 of the World Bank requires that an A-RAP be prepared for all projects that anticipate land acquisition and displacement affecting shelter, livelihood and associated impacts for less than 200 persons. E5. The Census, Cut-off date and Socio-Economic study The valuation census and the socio-economic survey, including consultative meetings, of PAPs were undertaken in December 2017 The entitlement cut-off date was 20 December 2017 when census began and the time when the assessment of persons and their property in the area was carried out for the preparation of this RAP. The socio-economic survey was done using a semi-structured household questionnaire structures to gather the baseline data of the PAPs on;  Incomes and Expenditures,  Occupational and Livelihood pattern  water and sanitation,  Education  Health XV Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 The socio-economic characteristics of the PAPs that were interviewed is presented in chapter four of this report. E6. Identification of Project Impacts The RAP identified the project impacts as loss of land, loss of structure, loss of trees and loss of crops. A total of 15 PAPs were therefore identified. These impacts are defined briefly below and represent the findings obtained in the field. Impact Aspect Loss of land Loss of land use attributed to acquisition of land for water storage tanks and a small section of the pipeline. The total size of land to be acquired is 0.515Ha. Loss of crops - Farm crops (maize, beans, Nappier grass) and trees - Trees (Eucalyptus, cypress, wattle) - subsistence crops (nappier grass, beans and potatoes) Loss of Fodder structures, pit latrines, a shop and fences. structures The Asset Register: An Asset register detailing the farms likely to be affected and the likely damage has been prepared as part of this A-RAP (See Appendix I). The project entitlements have been designed to cover compensation for lost assets and restoration or enhancement of the livelihoods of all categories of affected people. E7. Public Consultation and Participation The public consultations and participation was carried out during all stages of the project development, that is, feasibility study, project design, ESIA and RAP stages. Multiple groups of stakeholders were consulted i.e. the PAPs, KWS, KFS, WRMA, County government and entire community. Below are the major issues raised by the PAPs during the RAP consultation process. Compensation: the PAPs requested to know if the compensation was one off payment or paid annually or monthly. (Response: Compensation is one off payment) XVI Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Land: Some PAPs indicated that land owner as per the title deed are grandparents who have passed away and wanted to know how succession issues will be handled. Also, PAPs wanted to know if the remaining land will be issued with a new title deed. Response o AWSB will facilitate land search and that will be the basis of compensation. o The family members are encouraged to agree as a family and whoever they front as a PAP for compensation (agreement in written), he/she will be compensated and easement will be registered. o New new title deed will be issued incase of land purchase E8. Valuation and Compensation Methodology Valuation for assets as outlined in this RAP involved field survey to collect data on the PAPs, land to be acquired/easement rights, structures, trees and crops affected, full replacement cost approach was used. All affected persons irrespective of their status or whether they have formal titles, legal rights or not, will be eligible for some kind of assistance if they occupied the land before the entitlement cut-off date. E9. RAP Implementation The RAP implementation will be undertaken before commencement of works. The RAP anticipates that the project implementation will consist of three phases namely: • constitution of the RAP implementation committee; • A grievance resolution mechanism; • A monitoring and evaluation mechanism. E10. RAP implementation cost The total cost for the implementation of the RAP is Kenya Shillings Eight Million One Thirty- Three Thousand Four Hundred and Forty-Five Only (KES. 8,133,445.00). The breakdown is provided in the table below. XVII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Table I: Estimated Costs for RAP Implementation Description Amount in KES Compensation for loss of land, structures, trees and crops inclusive of 5,096,138.00 15% disturbance allowance. Provisional cost for administrative and other Costs 2,650,000.00 Sub Total 7,746,138.00 Contingency 5% of total budget 387,307.00 Grand Total 8,133,445.00 E11. Grievance Redress Mechanism Grievance management forms a critical part of any resettlement and compensation program. In this project, grievance management will be handled by a redress committee which includes representatives of the community members and local administration and government institutions representatives. RAP also provides for a formalized grievance redress mechanism to help reduce any complaints and grievances of the PAPs and to enhance the acceptance of resettlement program through people participation and support. This RAP will use the grievance resolution mechanisms as shown in the flow chart below. XVIII Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Aggrieved party reports the grievance Grievance Resolution Committee receives the grievance; convene a meeting and decides Tier one the best grievance resolution approach Matter ressolved Yes No action Resettlement Working Group Tier two Matter ressolved Yes No action Resettlement Implementation Team Tier three Matter ressolved Yes No action Land and environment court Tier four Yes No action Matter ressolved No Expropriation XIX Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 E12. RAP Monitoring In order to guarantee that the compensation plan is smoothly performed and the interests of the affected persons are well taken care of, the implementation of the resettlement action plan will be under monitoring throughout the whole process. Monitoring will be divided into two parts, i.e. internal and external monitoring. The internal monitoring will be performed by AWSB. The target of internal monitoring is to ensure that there is overall fairness and transparency while compensation process takes place and Resettlement Action Plan is performed based on legal rights. The main monitoring parameters would be compensation allocation schedule, payment and use of compensation fee, implementation of the policies and regulation specified in the resettlement plan and the whole course of implementation of the compensation. External monitoring will be conducted through a contracted independent and qualified consultant. The consultant will visit the project area at least quarterly. The consultant will ensure that: - Monies paid to households who have lost crops and other forms of livelihood production have received fair compensation - Where land has been permanently acquired for the project, households affected have been afforded fair compensation. - The grievances raised by stakeholders, notably PAPs, have been settled within the stipulated timeframe without delay including the effectiveness of the compensation delivery system. - Review the results of internal monitoring and review overall compliance of RAP The consultant must write its reports before the end of each visit and submit them to AWSB and the RAP committee. XX Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER ONE: INTRODUCTION 1.1 Background of the Project The Government of Kenya through Athi Water Services Board (AWSB) has initiated some water supply projects in Murang’a County. In particular, AWSB has initiated the Proposed Makomboki, Kiruri and Ichichi Water Supply Project to serve approximately 50,000 people in Gitwe-Kanderendu and Makomboki in Kigumo sub-county upstream of Thika Dam and in Ichichi, Karurumo and Kiruri communities in Kangema Sub-county along the tunnel in order to increase water supply in the area. The project is financed by the World Bank. This project was conceived as a result of the Northern Collector Tunnel Phase 1 project which seeks to improve the living standards and increase water supply to communities living along the tunnel and its surrounding. The Northern Collector Tunnel (NCT) Phase 1 project involves construction of a new raw water transfer tunnel along the eastern fringe of the Aberdare forest. The tunnel project will transfer raw water from intakes at the Maragua, Gikigie and Irati to an outlet at the Githika River near Makomboki, upstream of the existing Thika reservoir. The works are aimed at supplying portable water to Nairobi City and its environs in line with the National Development Plan, Vision 2030 which prioritizes improvement of water services to Nairobi City and the surrounding areas. 1.2 Project location The project coverage involves the locations of Makomboki, Kangari, Kiruri and Ichichi in Murang’a County. 1.3 Scope of the A-RAP The project scope of the A-RAP study include:  Identification of Project Affected Persons (PAPs); 1 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018  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 the ARAP. 1.4 Justification for Abbreviated Resettlement Action Plan The scope and level of detail of resettlement planning varies with circumstances, depending on the project’s complexity and the magnitude of its effects. This project is envisaged to have minimal impact on the PAPs. This because only 15 PAPs will be affected where small sections of their land (0.04 ha) will be hived off for the construction of storage tanks. No physical relocation will be done. As a minimum requirement, abbreviated resettlement action plan must ensure that the livelihoods of people affected by the project are restored to levels prevailing before inception of the project or to a better standard, thus OP 4.12 calls for the preparation of individual Resettlement Plan that must be consistent with the relevant Policy and Safeguard documents for this project. 1.5. Project justification The water sector in Kenya has been undergoing radical transformation driven by the new national policy, which separates water resources management and development from water services delivery. This conforms to the Poverty Reduction Strategy Paper (PRSP), the Economic Strategy for Wealth and Employment Creation and it is backed up by the Water Act of 2002 now Water Act of 2016. The Poverty Reduction Strategy Paper (PRSP) recognizes that water is a basic need and an important catalyst for both economic and social development of the country. It states that “access to water for human consumption, agriculture, and livestock use is a major problem in rural areas. 2 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 The water supply situation in rural areas has deteriorated over the years to a point where demand cannot be sustained with current systems. Access to piped water has not increased since 1989 and those accessing other water sources have increased during the same period.” The PRSP seeks to provide affordable safe water and sanitation to majority of the poor at reasonable distances. This is expected to enhance efforts to meet the Sustainable Development Goals and realize the objectives of the Vision 2030. The country needs to provide water to an estimated 60% of the population (about 16 million people) who have no access to improved water sources, reduce uncounted for water that currently stands at over 50% and manage water provision in sustainable, business-like approach. Provision of safe and adequate water is an effective and efficient intervention for fighting poverty, disease and social disparities. This intervention alone has positive impacts on all other Sustainable Development Goals (SDGs) and the attainment of the Vision 2030. Makomboki, Kiruri and Ichichi communities suffer from shortage of clean safe water for domestic use and the project will alleviate this. In the project area, provision of clean safe water will reduce costs of health care and child - mortality by reducing water - related infections which will ultimately contribute to attainment of SDGs: Universal Primary Education by freeing time for children, especially the girls, and by improving their nutritional status. The project will promote gender equity and empower women by releasing the time they now spend fetching water and seeking medication. Young people will have more time for formal and informal education and this will contribute to combating HIV / AIDS, and in line with the Kenyan constitution and the vision 2030. It is against this background that Athi Water Services Board has proposed the development of the water supply system to meet the water requirements for the entire area to enhance social-economic improvement leading to poverty reduction. 3 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 1.6 Approach and methodology Our approach was characterized by careful and meaningful blending of time-tested international best practice as well as advice based on practical experiences, local realities and clients’ needs. Throughout the consulting process, consultants emphasized and ensured ownership of processes and final outcomes by our client. Given the sensitive nature of land transactions and in particular the compensation exercise, the Consultants involved and sought the help of community leaders during their field work. The social assessment team used both qualitative and quantitative techniques to collect data and information on the social and economic status of the communities within the proposed area. These included: - A detailed desk study to establish and describe the socio-economic conditions; - Key Informant Interviews and Semi-Structured Interviews were conducted with the Chiefs, Assistant Chiefs, opinion leaders and Village Elders; - Open-ended questionnaires were administered to obtain views about the proposed project and its perceived impacts from households; - Public Barazas which were organised and chaired by the Chiefs and Assistant Chiefs; - Transect walk, was done to establish the biophysical nature of the project area and to meet the stakeholders; - A check list of the information to collect from each category of the persons to be interviewed guided the collection of data throughout the field exercise; and, - Photography- cameras were used to take photographs of public participation meetings, PAPs and affected assets (trees, crops, houses etc.). The data was analyzed both manually and electronically, both at the field work stage as it was collected and at the end of the field work. 4 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER TWO: LEGAL AND INSTITUTIONAL FRAMEWORK This chapter looks at the various legislations that relate to land acquisition and resettlement in Kenya. This A-RAP will apply the laws, legislation, regulations, and local rules governing the use of land and other assets in Kenya, as well as the standards of the World Bank’s operational policy OP4.12 on Involuntary Resettlement (and, in case of any discrepancy between the two sets of standards, those most advantageous to the PAPs will prevail). Kenya’s relevant legal and institutional framework is presented in four sections: I. Laws on Property and land rights, as defined by Kenyan law and customary practice; II. Expropriation/acquisition of land and compensation of land and other assets, III. Grievance Resolution Mechanism, specifically the legal and institutional arrangements for filing grievances or complaints and how those grievances are addressed through formal and informal systems of dispute resolution; and IV. Comparison between national legislation and World Bank OP4.12, using equivalence and acceptability standards. 2.1. Laws of Kenya 2.1.1. Overview The Constitution of Kenya (CoK), 2010 currently in force, replaced the 1969 constitution. The new Kenya Constitution has a comprehensive Bill of Rights in Chapter Four (4) and a well elaborated Chapter Five (5) on Land and Environment. These two chapters provide constitutional basis for land ownership, expropriation and protection of rights to land. Land in Kenya is classified as public, community or private. Prior to the new Constitution, there were over 70 pieces of legislations, Acts and subsidiary law governing land and land matters. Under the new Constitution they are being consolidated and rationalised to four pieces of legislation as follows: -  National Land Act, – discusses Land issues in general and establishes mechanisms for Land acquisition;  Land and Environmental Court – this establishes a court to deal with all disputes;  Land Registration Act; and  The Community Land Act. 5 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Article 60 (1) states that “Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance to the following principles: a) Equitable access to land; b) Security of land rights; c) Sustainable and productive management of land resources; d) Transparent and cost effective administration of land; e) Sound conservation and protection of ecological sensitive areas; f) Elimination of gender discrimination in law, customs and practices related to land and property in land; and g) Encouragement of communities to settle land disputes through the recognized local community initiatives consistent with this Constitution. The State is permitted to regulate the use of any land, or any interest in or right over any land in the interest of defence, public safety, public order, public morality, public health, or land use planning. According to Article 61 (1), all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals. Land is classified as public land, community land or private land and each category is defined in the subsequent articles. Public land is defined to include all minerals and mineral oils; government forests, government game reserves, water catchment areas, national parks, government animal sanctuaries and specially protected areas, gazetted roads and thoroughfares, all rivers, lakes and other water bodies as defined by law; the territorial sea, continental shelf, exclusive economic zone and the sea bed, all land between the high and low water marks, any land not classified as community or private land under the Constitution- such public land shall vest and be held in trust by the national government in trust for the people of Kenya and shall be administered by the National Land Commission. Community land includes land that is “lawfully held, managed or used by specific communities as community forest, grazing areas or shrines,” and “ancestral lands and lands traditionally occupied by hunter-gatherer communities.” Rights are also held through traditional African systems, and rights that derive from the English system introduced and maintained through 6 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 laws enacted by colonial and then the national parliament. The former is loosely known as customary tenure bound through traditional rules (customary law). The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.g. Land Act 2012, Land Registration Act, 2012, Trust Land Act (cap 288) of the Laws of Kenya. The right to property is protected in Article 40 (1) Subject to Article 65; “every person has the right, either individually or in association with others, to acquire and own property of any description; and in any part of Kenya”. The following land tenure systems exist in Kenya. Customary Land Tenure This refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit a number of similar characteristics as follows: First, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources. Individuals or families thus claim property rights by virtue of their affiliation to the group. Freehold Tenure This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. Freehold land is governed by the Land Registration Act, 2012. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. A freehold title generally has no restriction as to the use and occupation but in practice there are conditional freeholds, which restrict the use for say agricultural or ranching purposes only. Land individualization was demanded by the colonial settlers who required legal guarantee for the private ownership of land without which they were reluctant to invest. 7 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Leasehold Tenure Leasehold is an interest in land for a definite term of years and is granted by a freeholder usually subject to the payment of a fee or rent and is subject also to certain conditions which must be observed e.g. relating to developments and usage. Leases are also granted by the government for government land, the local authorities for trust land and by individuals or organizations owning freehold land. The maximum term of government leases granted in Kenya is 99 years for agricultural land and urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate. Public Tenure This is where land owned by the Government for its own purpose and which includes unutilized or un-alienated government land reserved for future use by the Government itself or available to the general public for various uses. The land is administered under the Land Act 2012. These lands were vested in the president and who has, normally exercised this power through the Commissioner of Lands, to allocate or make grants of any estates, interests or rights in or over un-alienated government land. However the new constitution grants those rights to the National Land Commission (NLC) which is governed by the National Land Commission Act, 2012 that specifies the role of NLC. The Land Act 2012, Part III, Section 27 recognizes the capacity of a child as being capable of holding title to land. However, this can only happen through a trustee and such a child shall be in the same position as an adult with regard to child’s liability and obligation to the land. 2.2.2. 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 8 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 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. Relevance The Act is triggered and relevant because the information gathered from the socioeconomic survey and census shows that majority of the PAPs are male-headed families with the title deeds in the name of the husband yet women do the farming and own the crops. There is thus a great potential for household conflict in relation to who is entitled to receive the compensation offered by the project for land, crops trees or both. This Act offers legal and institutional guidance on handling these matters in case of any conflicts. It is worth noting that during disclosure of valuation report, the families had no conflict emanating from compensation entitlement. 2.2.3 The Constitution of Kenya, 2010 GoK protects the sanctity of private property rights and affirms that the Government cannot compulsorily acquire any property except in accordance with law. Article 40(3) states: “The State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation results from an acquisition of 9 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 land or an interest in land or a conversion of an interest in land, or title to land, in accordance with Chapter Five; or is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that – (i) Requires prompt payment in full, of just compensation to the person; and (ii) Allows any person who has an interest in or right over, that property a right of access to a court of law. The Constitution empowers the state to exercise the authority of compulsory acquisition. Land Act 2012 (LA) designates the National Land Commission (NLC) as the agency empowered to compulsorily acquire land. Article 40 of the Constitution provides that the state may deprive owners of property only if the deprivation is "for a public purpose or in the public interest," which includes public buildings, roads, wayleaves, drainage, irrigation canals among others. The state's exercise of this power is left at the discretion of National Land Commission, and requires the state to make full and prompt payment of "just compensation" and an opportunity for appeal to court. Article 40 (3) (a) refers to acquisition and conversion of all kinds of land in Kenya (private, public, community land and foreign interests in land). The Constitution further provides that payment of compensation shall be made to “occupants in good faith” of land acquired by the state who do not hold title for such land [Article 40 (4)]. An occupant in good faith is a “ bona fide” occupant. On the other hand, under the Constitution, those who have acquired land illegally are not regarded as deserving any compensation [Article 40 (6)]. 2.2.4 The Land Act, 2012 The Land Act is the Kenya’s framework legislation regulating compulsory acquisition of land (i.e. land, houses, easements etc.). The Land Act was adopted on 2 nd May 2012 and provides for sustainable administration and management of land and land based resources including compulsory acquisition. Section 107 (1) provides for the power of entry to inspect land. Sub-section (1) states that whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110, the respective Cabinet Secretary or the County 10 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Executive Committee Member shall submit a request for acquisition of public land to the Commission to acquire the land on its behalf. Sub-section (2) requires that the Commission prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. Sub-section(5) stipulates that upon approval of a request under sub-section (1), the Commission shall publish a notice to that effect in the Gazette and the county Gazette, and shall deliver a copy of the notice to the Registrar and every person who appears to the Commission to be interested in the land. Sub-section (8) states that all land to be compulsorily acquired shall be geo-referenced and authenticated by the office or authority responsible for survey at both the national and county government Under Section 108 (1) The Commission may authorize, in writing, any person, to enter upon any land specified in a notice published under section 107 and inspect the land and to do all things that may be reasonably necessary to ascertain whether the land is suitable for the intended purpose. Section 109 provides payment for damage for inspection. As soon as practicable after entry has been made under section 108, the Commission shall promptly pay in full, just compensation for any damage resulting from the entry. Section 110 (1) stipulates 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. Section 111 (1) states 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. Under Subsection (2), The Commission shall make rules to regulate the assessment of just compensation. Section 112 (1) requires that at least thirty days after publishing the notice of intention to acquire land, the Commission shall appoint a date for an inquiry to hear issues of propriety 11 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 and claims for compensation by persons interested in the land, and shall (a) Cause notice of the inquiry to be published in the Gazette or county Gazette at least fifteen days before the inquiry; and (b) Serve a copy of the notice on every person who appears to the Commission to be interested or who claims to be interested in the land. Section 113 (1) requires that upon the conclusion of the inquiry, the Commission shall prepare a written award, in which the Commission shall make a separate award of compensation for every person whom the Commission has determined to have an interest in the land. Every award shall be filed in the office of the Commission (Subsection 4). Part III of the Land Act 2012, section 113 (2a) states that “the Commission shall determine the value of land with conclusive evidence of (i) the size of land to be acquired; (ii) the value, in the opinion of the Commission, of the land; (iii) the amount of compensation payable, whether the owners of land have or have not appeared at the inquiry.” Market value of the property, which is determined at the date of the publication of the acquisition notice must be taken into account when determining compensation. Determination of the value has to take into consideration the conditions of the title and the regulations that classify the land use e.g. agricultural, residential, commercial or industrial. Increased market value is disregarded when: - It is accrued by improvements made within two years before the date of the publication of the acquisition notice, unless it is proved that such improvement was made in good faith and not in contemplation of the proceedings for compulsory acquisition. It is accrued by land use contrary to the law or detrimental to the health of the occupiers of the premises or public health. - Any damages sustained or likely to be sustained by reason of severing such land from other land owned by the claimant. - Any damage sustained or likely to be sustained if the acquisition of the land had negative effects on other property owned by the claimant. 12 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 - Reasonable expenses, if as a consequence of the acquisition, the claimant was compelled to change his residence or place of business (i.e., compensation for disruption to the claimant’s life). - Any damage from loss of profits over the land occurring between the date of the publication of the acquisition notice and the date the NLC takes possession of the land. Section 114 (2) stipulates that upon acquisition of land, and prior to taking possession of the land, the Commission may agree with the person who owned that land that instead of receiving an award, the person shall receive a grant of land, not exceeding in value the amount of compensation which the Commission considers would have been awarded, and upon the conclusion of the agreement that person shall be deemed to have conclusively been awarded and to have received all the compensation to which that person is entitled in respect of the interest in that land. Section 115 stipulates that upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serve a written award of compensation to each legitimate claimant. NLC will publish these awards which will be considered “final and conclusive evidence” of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney’s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims. A notice of award and offer of compensation shall be served to each person by the Commission. Section 120 provides that “first offer compensation shall be paid promptly” to all persons interested in land. Section 119 provides a different condition and states that the NLC “as soon as practicable” will pay such compensation. Where such amount is not paid on or before the taking of the land, the NLC must pay interest on the awarded amount at the market rate yearly, calculated from the date the State takes possession until the date of the payment. 13 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 In cases of dispute, the Commission may at any time pay the amount of the compensation into a special compensation account held by the Commission, notifying the owner of the land accordingly. If the amount of any compensation awarded is not paid, the Commission shall on or before the taking of possession of the land, open a special account into which the Commission shall pay interest on the amount awarded at the rate prevailing bank rates from the time of taking possession until the time of payment. Once the first offer payment has been awarded, the NLC will serve notice to landowners on the property indicating the date the Government will take possession. Upon taking possession of land, the commission shall ensure payment of just compensation in full. When this has been done, NLC removes the ownership of private land from the register of private ownership and the land is vested in the national or county Government as public land free from any encumbrances (Section 115 & 116). On the other side, the Commission also has the power to obtain temporary occupation of land. However, the commission shall as soon as is practicable, before taking possession, pay full and just compensation to all persons interested in the land. In cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures of compulsory acquisition under this Act, the Commission may take possession of uncultivated or pasture or arable land upon the expiration of fifteen days from the date of publication of the notice of intention to acquire. On the expiration of that time NLC shall, notwithstanding that no award has been made, take possession of that land. If the documents evidencing title to the land acquired have not been previously delivered, the Commission shall, in writing, require the person having possession of the documents of title to deliver them to the Registrar, and thereupon that person shall forthwith deliver the documents to the Registrar. On receipt of the documents of title, the Registrar shall — cancel the title documents if the whole of the land comprised in the documents has been acquired; if only part of the land comprised in the documents has been acquired, the Registrar shall register the resultant parcels and cause to be issued, to the parties, title documents in respect of the 14 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 resultant parcels. If the documents are not forthcoming, the Registrar will cause an entry to be made in the register recording the acquisition of the land under this Act. Part IX of the Land Act provides for settlement programs. Under Section 134 (1), The Commission shall, on behalf of the national and county governments, implement settlement programmes to provide access to land for shelter and livelihood. Subsection (2) stipulates that settlement programmes shall, include, but not be limited to provision of access to land to squatters, persons displaced by natural causes, development projects, conservation, internal conflicts or other such causes that may lead to movement and displacement. 2.2.5. 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. 2.2.6. Valuers’ Act, Chapter 532 Under The Valuers’ Act, Chapter 532, Compensation awards will be made by the National Land Commission based on land valuation determined by registered Valuers. Besides, the Valuers Act establishes the Valuers Registration Board, which regulates the activities and practice of registered Valuers. All Valuers must be registered with the Board to practice in Kenya. The Board shall keep and maintain the names of registered Valuers which shall include the date of entry in the register, the address of the person registered the qualification of the person and any other relevant particular that the Board may find necessary. 15 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Relevance Valuation of the affected assets was done by a registered valuer. This Act regulates the activities and practice of all registered Valuers. 2.2.7. Physical Planning Act The Physical Planning Act deals with matters relating to preparation of all land use plans, physical development plans and subdivisions. The powers of expropriation of land are vested in the Minister for Lands while the planning and surveys are vested in the Director of Lands and the Surveyor General respectively. The introduction of a devolved system of Government gives the function of county planning to the County while “General principles of land planning and the coordination of planning by counties” remains a national function. 2.2.8. 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 development 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. Relevance This Act will provide direction should the project in the any unlikely event begin to consider 16 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 expropriation. The Act protect PAPs against displacement and relocation which come about due to development projects. 2.2.9. 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. 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: The grievance mechanism developed in this RAP has the Land and Environment Court as a last resort dispute resolution institution. In case of any disputes relating to compensation if not resolved at the project level can be forwarded to the Land and Environment Court. 17 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 2.2.10. 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. Relevance This Act will be triggered since it gives mandate the national lands commission to acquire land on behalf of the government of Kenya or its agencies for construction of public projects. 2.1.11. The Children Act, 2001 and the revisions of 2010 and 2012 Part II of this Act contains the safeguards for the rights and welfare of the child. Section 4 states that any party shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to— (a) safeguard and promote the rights and welfare of the child; (b) conserve and promote the welfare of the child; (c) secure for the child such guidance and correction as is necessary for the welfare of the child and in the public interest. 18 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 (4) In any matters of procedure affecting a child, the child shall be accorded an opportunity to express his opinion, and that opinion shall be taken into account as may be appropriate taking into account the child’s age and the degree of maturity. Section 10. Protection from child labour and armed conflict: Every child shall be protected from economic exploitation and any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. Relevance This Act will be triggered especially when the RAP process affect the wellbeing of the children. During socio-economic study, there was 1 PAP who had children below 18yrs. The rights of these children will be observed throughout the RAP process as per the Act. 2.2 World Bank Policy OP 4.12 (Involuntary Resettlement) The World Bank policy on involuntary resettlement emphasizes that any development project should avoid or minimize involuntary resettlement and where this is not feasible, it should compensate for lost assets at full replacement cost and assist the displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The World Bank OP 4.12, Annex A (Paragraphs 17-31), describes the scope (level of detail) and the elements that a resettlement plan should include. WB OP 4.12.(6a) demands that the resettlement plan includes measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices among others and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs. WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children and indigenous peoples and ethnic minorities. 19 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 WB OP4.12 (12a) states that for households depending on land for their livelihoods preference should be given to land based solutions; however, payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. WB OP4.12 Para (6 b & c) state that in case of physical relocation, displaced persons should be (i) provided with assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. WB.OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. In addition displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. WB OP 4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising. 2.4 Comparison between the Kenyan Legislations and World Bank OP 4.12 There are a number of differences between the Kenyan laws and World Bank Safeguard policies, such as: - The World Bank OP 4.12 favors avoidance or minimization of involuntary resettlement while the Kenyan laws say that, as long as a project is for public interest, involuntary resettlement is considered to be inevitable. 20 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 - WB OP 4.12 stipulates that Displaced persons should be assisted in improving livelihoods or at least restoring them to previous levels. Kenyan legislation (Land Act) provides for ‘just and fair compensation. However, ‘just and fair compensation’ is not clear and can only be determined by NLC which can be subjective. It is does not talk about improving livelihood or restoring them to pre-project status. A comparison of the Kenyan laws and WB requirements regarding compensation is given in Table 2.1. 21 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Table 2.1: Comparison of Kenyan and World Bank Policies on Resettlement and Compensation Category of PAPs/ Type of Lost Assets Kenyan Law World Bank OP4.12 Comment Land Owners (loss of The Land Act 2012 provides that written and Identification of PAPs is done through census and socio- Although the Kenyan land) unwritten official or customary land rights economic surveys of the affected population, law provides for land are recognized as valid land right. The Law for land provides that people eligible for PAPs with title as well as PAPs who do not have a formal compensation, it does compensation are those holding land tenure title but have customary and traditional right are not state explicitly rights recognized or who have a recognized claim to the land whether preference at the time the census begins – are entitled to should be granted to Land Act 2012 provides for census through compensation for land that they lose (besides other land for land NLC inspection and valuation process assistance – see below) compensation. Fair and just compensation which could be in Land-for-land exchange is the preferred option; form of cash compensation or Land for Land. compensation is to be based on replacement cost. Land Squatters (i.e. The constitution recognizes ‘occupants of Must be compensated for houses and other structures WB OP.4.12 prevails those who have no land even if they do not have titles’ and whatever the legal recognition of their occupancy (see recognizable legal right payment made in good faith to those below). or claim to the land that occupants of land. However, this does not they are occupying) Entitled to compensation for loss of crops and include those who illegally acquired land assistance for relocation as the case may be, and assistance for restoration of livelihood (see below) Land Users/ Land The Land Act is not clear on Land Users No specific provisions to land compensation. WB OP.4.12 prevails Sharecroppers although in some cases they can receive some form of compensation depending on Entitled to compensation for crops, entitled to the determination by NLC relocation assistance as the case may be, and income 22 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Category of PAPs/ Type of Lost Assets Kenyan Law World Bank OP4.12 Comment must be restored to at least pre-project levels (see below). Owners of non- The constitution of Kenyan respects the right Recommends in-kind compensation or cash WB OP.4.12 prevails permanent buildings to private property and in case of compensation at full replacement cost including labor. compulsory acquisition, just compensation Recommends resettlement assistance must be granted to the owner for the loss temporary buildings. Owners of permanent The constitution of Kenyan respects the right Entitled to in-kind compensation or cash compensation WB OP.4.12 prevails buildings to private property and in case of at full replacement cost including labor and relocation compulsory acquisition, just compensation expenses, prior to displacement must be granted to the owner for the permanent building Perennial and annual Cash compensation for the loss of crops Market value for lost crops. WB OP.4.12 prevails Crops Income restoration assistance (such as land preparation, credit facilities, training etc). Land for land compensation allows people to re-establish annual crops immediately. Seasonal crops Cash compensation for the loss of crops Market value for lost crops wherever arrangements WB OP.4.12 prevails cannot be made to harvest. Livelihood restoration Not specific on livelihood. The constitution Livelihoods and living standards are to be restored in WB OP.4.12 prevails and development says some pay maybe made in good faith real terms to pre-displacement levels or better. assistance Offer support after displacement, for a transition period, based on a reasonable estimate of the time 23 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Category of PAPs/ Type of Lost Assets Kenyan Law World Bank OP4.12 Comment likely to be needed to restore livelihoods and standards of living (for ex. land preparation, jobs, credit facilities) Timing of compensation The Land Act provides for prompt, just Implement all relevant resettlement plans before Follow the principles payments compensation before the acquisition of land. project completion and provide resettlement of OP.4.12 entitlements before displacement or restriction of access. For projects involving restrictions of access, impose the restrictions in accordance with the timetable in the plan of actions. Consultation and The Land Act outlines procedures for Consult project-affected persons, host communities Implement disclosure consultation with affected population by the and local NGOs, as appropriate. Provide them consultation NLC and grievance management procedures. opportunities to participate in the planning, procedures as outlined implementation, and monitoring of the resettlement in both Kenyan program, especially in the process of developing and legislation and World implementing the procedures for determining eligibility Bank. for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms. Relocation assistance The Land Act does not out rightly stipulate Avoid or minimize involuntary resettlement and, where WB OP4.12 takes and resettlement assistance for relocation this is not feasible, assist displaced persons in precedence assistance improving or at least restoring their livelihoods and standards of living in real terms relative to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher 24 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Category of PAPs/ Type of Lost Assets Kenyan Law World Bank OP4.12 Comment Moving allowances Grievance mechanism Land Act 2012 clearly outlines the steps and Establish appropriate and accessible grievance No gap and dispute resolution process for grievance redress that includes mechanisms alternative dispute resolution, re- negotiation with NLC and is backed by the judicial system through the Environmental and Land Court 25 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER THREE: PROJECT DESCRIPTION 3.1. Overview The projects are located in Murang’a County with two independent project areas (1) Kiruri & Ichichi and (2) Makomboki water supply projects as shown in Figure 3.3 and 3.6. The two projects are located in Kangema and Kigumo sub-counties of Murang’a County. The intake works are located upstream of the proposed Northern Collector Tunnel (NCT) Phase 1 project and are meant to serve residents living along the NCT1 project. This is part of AWSB strategy to address the water needs of the communities living along and downstream of the NCT Phase 1 project. The communities living downstream of the NCT will be served by various projects being undertaken by AWSB. They include: i. Murang'a Community Water Project; ii. Gatanga Community Water Project; iii. Gatango Community Water Project; iv. Ichichi, Kiruri and Makomboki Water project; v. Gataguaguga Community Water tank; vi. Ithanga Community Water Project; and vii. Extension of water supply line to Kambiti and Kambirwa. All these projects are in different stages of implementation with some including Murang'a Community Water Project and Gataguaguga Community Water tank being operational. Figure 3.1 below is a map showing the proposed project, the NCT1 project and the downstream water supply projects. 26 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Figure 3.1: Map showing the proposed project, the NCT1 project and the downstream water supply projects. 27 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 3.2. Kiruri & Ichichi Community Water Supply 3.2.1 Project design The proposed project is meant to abstract water from a tributary of South Mathioya River (Manguyo stream) by construction of a diversion weir about 8.5 km inside Aberdare forest. The source of water for the small existing community water systems at Ichichi and Kiruri is not sufficient and sustainable for the target population of 25,789 in Kiruri, Ichichi and Kanyenyaini locations. The current situation informed the need to have a new water source which would provide sufficient pressure to command the highest point in the area. The Kiruri and Ichichi water system will have the following key components: i. 1No. diversion weir and 2 No. intake chambers. ii. DN 280 mm - 8.6 km long conveyance line inside the forest. iii. DN 90- 200mm - 15.9 km long main pipelines. iv. DN 63- 90mm - 15.2 km distribution pipelines. v. 2No.-225m3 masonry storage tanks. vi. 8No. -10m3 break pressure tanks. Analysis of water samples within the intake area was undertaken by Water Resources Management Authority (WRMA) on 21st March 2017. The PH was found to be slightly lower than the recommended levels of 6.5 to 8.5 with readings of 6.26 at the intake and 6.35 at consumer connections. However, the water is considered fit for human consumption. Therefore, a treatment plant has not been proposed for this project. 3.2.2. Intake An intake comprising of a weir across the river and the intake chamber have been proposed with a capacity of 3600m3 per day to serve a population of about 25,789 persons. From the hydrological assessment report, the water available for allocation from the normal flow of Mathioya South River is 35,510.4m3/day. Assuming the allocated 9,008.5032 m3/day was from Mathioya South River, the balance would be 26,501.8968 m3/day. However, analysis of discharge available in Mathioya North River indicates that 89,856.00 m3/day of water is 28 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 available from the normal flow of Mathioya North River. This indicates adequate water resources in Mathioya South and Mathioya North Rivers. For Manguyo Stream, the normal flow for allocation is the difference between Q80 and Q95 equivalent to 4,155.84m3/day. This amount is not allocated and will be available for this project. The project has already applied and obtained a public water use permit to abstract 3,600m3/day of the available normal flow from Manguyo Stream. With the approval of the request to abstract the 3,600.00m3/day which is 86% of normal flow of Manguyo Stream. The balance will be 555.84 m3/day. This stream joins of Mathioya South River a few meters downstream which has 35,510.4m3/day normal flow available for allocation. The intake was designed to have the following main components;  Diversion weir body: A reinforced concrete weir across the river has been proposed to dam the water, set and raise the static head of the water and direct the water into the intake chamber. The dimensions of the weir are as follows; - Ø Length across the river – 6m. - Height – 1m. - Bottom width – 1.9m and - Ø Top width – 0.5m. Figure 3.2: Kiruri & Ichichi diversion weir body 29 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018  Intake chamber for collecting water into the inlet pipe. A reinforced concrete intake chamber has been proposed with two chambers i.e. collecting chamber and gate valve chamber. The intake chamber has been equipped with the following main components; - Fine screen – To prevent floating leaves and other course materials that are more than 5mm diameter from entering the intake chamber. - DN 300mm steel bell mouth. - To allow smooth entry (with little frictional resistance) of water into the inlet pipe. - DN 300mm gate valve and gate valve chamber – To control entry of the water into the inlet pipe. - DN 300mm bulk water meter - This has been located a few meters away from the intake chamber. - DN 150mm bell mouth, compensation /scour pipe and a gate valve: This system serves to flush off sediments at the bottom of the intake chamber and also allows continuous flow of water along the river channel downstream (environmental flow). Flushing of sediments has been designed to be continuous. The intake site is rocky which will provide a good foundation for the intake. The elevation of the top of the weir is 2445.15 masl which is sufficient to move the water by gravity to a storage tank at the edge of the forest 2425.21 masl.  Sluice way and sluice gate - A path has been designed between the intake chamber and the weir body which remains closed by a sluice gate during the normal running of the system. The gate is opened occasionally to flush sediments that settle behind the sluice gate at the entry to the intake chamber. Other design considerations have been adopted to facilitate flushing of the system.  Wing walls - Reinforced wing/ retaining walls have been designed 5.7m long to divert water into the main channel and also prevents undermining the intake. 30 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 3.2.3. Conveyance Pipeline An 8.6 km conveyance line has been designed to convey a discharge of 3600m3 per day up to the Karurumo water tank. The conveyance line runs across an undulating terrain with steep slopes and rocky grounds. In this regard, steel pipes have been considered in such areas and appropriate number of air valves, washout and anchor blocks have been factored. The table below describes the components of the conveyance line; Table 3.1: Kiruri - Ichichi Conveyance line. Design Discharge (m3/hour) Pipe Diameter(mm) Material Length (m) 150 280 uPVC 6,366 250 Steel 2,130 3.2.4. Mainlines and Distribution lines Table 3.2: Mainlines and Distribution lines Name of Total Maximum Design Area Served/ Termination Pipe Size and Pipeline Length(m) Discharge (m3/hr) point Material Kiruri Main line 5320 117.5 Kawariua & Magomano 200mm uPVC junction 160mm uPvc 150mm steel Ichichi main line 6055 32.3 Ichichi Storage Tank 110mm uPvc Kawariua 1950 80.8 Kibutha, Ngoeini and 160mm uPvc Mainline Githiga (the mainline connects to KAWASCO system at Kawariua) Magomano 2660 16.1 Gatara & Githambo 90mm uPvc Mainline junction Gatara 3980 8.1 Gatara area and 75 mm uPvc Distribution Line surrounding Githambo 2370 8.1 Githambo area and 63 mm uPvc Distribution Line surrounding Ichichi 5240 13.8 Downstream of Ichichi 90mm uPvc Distribution Line shopping centre 75 mm uPvc Gikigie 3501 7 Gikigie area 75 mm uPvc Distribution Line 31 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 The Kawariua mainline is designed to connect to Kahuti Water and Sanitation Company (KAWASCO) system that has a pipe network to supply water to parts of Githiga, Ngoeini and Kibutha location. Other pipe appurtenances such as air valves, washouts marker post have been included in the proposed projects. 3.2.5. Water Tanks Two storage tanks with a capacity of 225m3 have been designed for the Kiruri & Ichichi area. The Karurumo storage tank is at the end of the conveyance (Forest guard house) and the Ichichi Tank is at Nduini area in Ichichi location at chainage 3+050. The tanks acts as balancing tanks, emergency storage and as break pressure tanks. 3.2.6. Break Pressure Tanks Eight 10m3 break pressure tanks have been proposed for the following pipelines; Kiruri mainline, Kawariua, Magomano, Ichichi, Gatara distribution, Githambo, Ichichi distribution and Gikigie. The design prefers the break pressure tanks over the pressure reducing valves for pressure reduction. The break pressure tanks do not require special techniques for operation and maintenance are more durable and shall also function as water storage and balancing facility. The preferred BPT over PRV’S is on the assumption that the system shall be operated by the community hence the above considerations are paramount. The break pressure tanks have been located in such a way that the pressure is reduced as required and the terrain downstream provides sufficient pressure to drive water to the desired points downstream. A similar design criterion has been applied for the BPTs in Makomboki project. The BPTs have been designed to reduce pressure ranging from 32m to 128m depending on the pipeline profile. 32 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Figure 3.3: Layout of Kiruri and Ichichi water supply project 33 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, M 3.3. Makomboki Community Water Supply 3.3.1. Project design The proposed project involves the rehabilitation of the existing Gikakima Self Help Group Community Water Supply system which covers most parts of Makomboki location. This was found to be the most economical and less controversial approach to improve the access to drinking water for the Makomboki population. Consultations with the Gikakima Self Help Group leaders and other Makomboki community leader was conducted before this decision was made. Minutes of meeting by Gikakima Self Help Group endorsing the project is attached as Appendix II. The approach of rehabilitating the Gikakima project is more economical and less controversial in view of the following; i. There is already an existing infrastructure that covers a considerable large population of the Makomboki location. ii. The source has proved reliable over the period that the project has been in use and the main challenge has been the water seepage under the weir body which the design seeks to rectify. iii. The works would require minimal way leave land acquisition. The aim of the rehabilitation works is to improve the capacity and efficiency of the system and to increase the current project’s population coverage. The project is designed to cover additional population in areas such as; Gatiaini, Makomboki shopping centre and surrounding, Ngurweini and possibly Gituru area. The following works have been proposed; vii. Re construction of the existing intake – diversion weir and intake chamber i.e. demolishing the existing intake works and constructing another intake with minimal interruption to the current water supply. The current intake is dilapidated and repairing the intake is economically and technically unfeasible. viii. DN 90- 200mm – 9.4 km long main pipelines. ix. DN 90- 110mm – 4.2 km long sub main pipelines. 34 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 x. 2 No. -225 m3 masonry storage tanks. xi. 1No. 150m3 masonry storage tank. xii. 1 No. -10m3 break pressure tanks. The proposed works once adopted will have increase the coverage area but future interventions are required such as additional distribution networks and augmentation of the existing sub mains and distribution lines. Figure 3.4: Dilapidated weir body at Gikakima intake in Makomboki The proposed works is not expected to have significant impacts on the environment and more so on the environmental flows since the works involves rehabilitation of an existing system. The Gikakima Self Help Group built the system in 2007 and they have an existing permit from WRMA. The proposed project will therefore abstract a total of 2,000m3/day from Githika River. 3.3.2. Intake The information gathered from the technical team that was involved in the construction of the intake and from observation is that the intake sits on deep loamy soil. Such nature of underlying material provides poor foundation for the structures and also leads to water piping below the intake structure. The design was made with that in perspective. Some of the design consideration for the intake structure to reduce water seepage includes; i. Provision of an impermeable reinforced concrete cut off wall downstream and upstream of the weir to increase the water seepage distance. The depth of the cut off wall may vary depending on the results of further investigations. 35 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 ii. Provision of an impermeable reinforced concrete apron downstream and upstream of the weir to increase the seepage distance. iii. Provision of deeper wing walls to increase the water seepage distance. iv. Provision of water proof concrete on all the intake structures. The intake was designed to have the following main components; i. Diversion weir body: A reinforced concrete weir across the river with similar dimensions as the existing structure. The dimensions of the weir are as follows;  Length across the river – 8m.  Height – 1m.  Bottom width – 1.9m and  Top width – 0.5m. ii. Intake chamber for collecting water into the inlet pipe. A reinforced concrete intake chamber has been proposed with two chambers i.e. collecting chamber and gate valve chamber. The intake chamber has been equipped with the following main components;  Fine screen – To prevent floating leaves and other course materials that are more than 5mm diameter from entering the intake chamber.  DN 300mm steel bell mouth. - To allow smooth entry (with little frictional resistance) of water into the inlet pipe.  DN 300mm gate valve and gate valve chamber – To control entry of the water into the inlet pipe.  DN 300mm bulk water meter - This has been located a few meters away from the intake chamber.  DN 150mm bell mouth, compensation pipe/scour pipe and a gate valve: This system serves to flush off sediments at the bottom of the intake chamber and also to allow continuous flow of water along the river channel downstream (environmental flow). Flushing of sediments has been designed to be continuous. iii. Sluice way and sluice gate - A path has been designed between the intake chamber and the weir body which remains closed by a sluice gate during the normal running of the system. The gate is opened occasionally to flush sediments that settle 36 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 behind the sluice gate at the entry to the intake chamber. Other design considerations have been adopted to facilitate flushing of the system as shown in the intake drawings. iv. Wing walls - Reinforced wing/ retaining walls have been designed 13.8m long to divert water into the main channel and also prevents undermining the intake. Figure 3.5: Makomboki weir with apron and cut off wall 3.3.3. Mainlines and Distribution lines Table 3.3: Mainlines and distribution lines Pipeline Name Distance Pipe size and Comment (m) Material Gitwe Mainline 160mm Upvc New pipeline 8590 90mm Upvc Kanderendu 832 200mm uPVC Kimotho Mainline Replacing all the existing 160mm Upvc pipe. Kanderendu sub 2880 160mm Upvc Replacing part of the existing 110mm Upvc main pipe. Kimotho sub main 1320 110mm Upvc Replacing part of the existing 90mm Upvc pipe. 37 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Other pipe appurtenances such as air valves, washouts marker post etc. have been included in the proposed projects as indicated in the design criteria. 3.3.4. Storage Tanks Two 225m3 storage tanks have been proposed for Kanderendu and Kimotho sub mains at chainage 0+000 and 1+320 respectively. The tanks acts as balancing tanks, emergency storage and as break pressure tanks. 3.3.5. Break Pressure Tanks One break pressure tanks has been proposed for Gitwe mainline at chainage 4 + 375m. 38 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Figure 3.6: Layout of Makomboki water supply project 39 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 3.4. Components necessitating resettlement The proposed project will lead to minimal land take majorly for the twelve (12 No.) break pressure tanks. The intake works and water pipelines will be laid within the Aberdare forest, Nyayo Tea Zones land and on the road reserves. The land take for the project is as shown in Table 3.4. Table 3.4: Summary of land requirement for the Infrastructure under the project Makomboki water supply project Project Component Land Ownership 1. Main Tanks 225m3 Gitwe Tank Private land 225m3 Kanderendu Tank Nyayo Tea Zone land (public land) 150m3 Kimotho Tank Public land 2. 10m3 Break Pressure Tanks (BPTs) On Gitwe – Ngurweini Mainline At Chainage Private land 4+375m 3. Pipeline Kanderendu-Kimotho Mainline – 832m Nyayo Tea Zone land (public land) Kimotho Submain – 1340m Gitwe Mainline-8590m Both are on the road reserve Kimotho sub main-1320m Kiruri & Ichichi water supply project 1. Main Tanks 225m3 Karurumo Tank Nyayo Tea Zone land (public land) 225m3 Ichichi Tank Private land 2. 10m3 Break Pressure Tanks Kiruri Mainline at chainage 5 + 312m All on private land Kawariua Mainline at chainage 1+400m. 40 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Magomano Mainline at chainage 1+440m Gatara Distribution line at 1+200m. Githambo Distribution line at 0+860m. Ichichi Mainline at 5+900m Ichichi Distribution Line at 3+080m Ichichi Distribution Line at 4+180m Gikigie Distribution Line at 1+960m 3. Pipeline Intake In the forest (public land) Karurumo Conveyance 8495m In the forest (public land) Ichichi Mainline 3050m Sections of the pipeline on Nyayo Tea Zone land and forest land Kiruri Main line-5320m All are on the road reserve Kawariua Mainline-1950m Magomano Mainline-2660m Gatara Distribution Line-3980m Githambo Distribution Line-2370m Ichichi Distribution Line-5240m Gikigie Distribution Line-3501m Note: The approximate size of land required for tanks and BPTs are:  1 No. 225m3 Karurumo Tank: 17m by 17m.  3 No. 225m3 Tanks: 17m by 13m.  1 No. 150m3 Tanks: 15m by 13m.  10 No. 10m3 Break Pressure Tanks: 10m by 5m.  All pipelines: 3m corridor. 12 of the tanks are on private land and 3 are on public land. 41 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER FOUR: SOCIO-ECONOMIC INFORMATION AND RESETTLEMENT IMPACTS 4.1 Approach for Identifying Project Affected Persons As soon as the sites were determined, the identification of project’s affected persons was undertaken. The PAPs were classified into three groups namely; a) Those who have formal legal rights to the land they occupy; b) Those who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws including those measures put in place by the draft land policy; or c) Those who have no recognizable legal right or claim to the land they occupy. The following categories of PAPs will be used in identifying groups of PAPs for the purpose of determining impacts. Project affected persons (PAPs) are individuals whose assets are lost, including land, property, other assets, and/or access to natural and/or who lose access to economic resources as a result of activities related to sub-project(s), whether permanently or temporarily. Project affected households are groups of PAPs in one household and where one or more of its members are directly affected by the Project. These include members like the head of household, male, and female members, dependent relatives, tenants, etc. Vulnerable groups of people. From these households, the Project will separately identify the vulnerable members, such as those who are old or ill; children; those with HIV/AIDS; women; unemployed youth; etc. Households headed by women that depend on sons, brothers, and others for support will also be identified. Similarly, households with elderly or seriously ill or disabled persons will be identified. Vulnerable people and households will be eligible for additional support. 42 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4.2. Population The population census of the project area carried out in 2009 by the Kenya National Bureau of statistics (KBS) is as shown in the table below: Table 4.1: General population in the project area Project sub location Male Female Total Area Population Kangema sub-county Kiruri Karurumo 845 809 1,654 Kiruri 1,180 1,233 2413 Ichichi Nduini 644 672 1316 Ichichi 1,155 1,155 2310 Kanyenyaini Ngoeini 743 786 1529 Githiga 2,158 2,383 4541 Kibutha 1,087 1,294 2381 Kigumo sub-county Makomboki Makomboki and 4,139 4,156 8,295 Kanderendu Kangari Kangari 5,946 5,964 11,910 Total 17,897 18,452 36,349 (49.24%) (50.76%) Source: 2009 Kenya population and Housing Census From the census data tabulated above, 49% of the population are male while 51% are female. This is in line with the Murang’a County male: female sex ratio of 48:52. The higher female population in relation to male is attributed to high male emigration to other counties and towns in search of employment and business opportunities. According to 2009, the population of Murang’a County by age and sex is as shown in Table 4.2. Table 4.2: Population Projection by Age Cohorts Age Cohort 2009 (Census) M F T 0-4 57,758 56,251 114,009 5-9 60,903 59,271 120,174 10-14 49,520 58,162 107,682 15-19 49,964 45,324 95,288 20-24 39,934 37,888 77,822 43 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 25-29 31,622 36,550 68,172 30-34 28,932 32,310 61,242 35-39 25,942 28,755 54,697 40-44 20,525 23,835 44,360 45-49 19,241 23,156 42,397 50-54 14,347 17,083 31,430 55-59 13,170 15,057 28,227 60-64 12,691 13,432 26,123 65-69 8,769 11,039 19,808 70-74 6,853 8,602 15,455 75-79 4,707 6,069 10,776 80+ 6,873 11,693 18,566 Total 451,751 484,477 936,228 From Table 4.2 above male population is more than female population for age groups 0 - 9 years and 15 – 24 years. However in all other age cohorts, females are more than males. This trend can be attributed to emigration of male to neighbouring urban areas in search of economic opportunities. 4.3 Social characteristics of PAPs The socio – economic survey was done during the month of December 2017 and it covered mainly the PAPs. A total of 14 out of 15 PAPs were interviewed. 4.3.1 Demographics of the land owners The gender distribution of the PAPs was found to be (14) men and one (1) female without any land related impacts. It is apparent that, women in these areas don’t own land. As indicated in the table below, 79% of these land owners are above 60 years. This is the old age generation which is not productive economically. The spouses of this group of PAPs are 11 and considered vulnerable due to their age and gender. 44 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Table 4.3: Demographic data Age Household size Gender Age Number Percentage Number Female Male 31-35 1 7% 4 2 2 41-45 1 7% 4 1 3 51-55 1 7% 5 3 2 over 60 11 79% 35 19 16 Total 14 100% 48 25 23 The total number of affected persons is 48, where female are 25 and male 23. The mitigation of impacts caused by the project is discussed in the subsequent sections. 4.3.2 Level of education There are several educational institutions in the project area. They include secondary schools, primary schools, and nurseries. Figure below shows highest level of education attained by the PAPs; majority (50%) of the PAPs had the highest level of education at primary school; 29% indicated that secondary school education is there highest level; while 7% have no school education. Figure 4.1: Level of education 45 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4.3.3 Occupation From the figure below; majority (86%) of the PAPs indicated that their occupation was farming; while 14% are employed and keep livestock. The area is so fertile and majority of the farmers grow maize, beans, tea bushes and vegetables. Figure 4.2: Occupation 4.3.4 Main source of water During the study, the respondents were asked to indicate their major sources of water for domestic use. As shown in the figure below, majority (70%) of the respondents indicated that their major water source is river, while 15% source water from springs and 15% have piped water. The proposed project will provide piped portable water to the community and increase the water connection which is currently low. Figure 4.3: Sources of water 46 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4.3.5. Land tenure system During the RAP study, the affected PAPs interview indicated that the land tenure system is freehold and each one has a title deed. There are also pieces of land within the area belonging to the County Government. 4.3.6 Ethnic distribution and Religion The dominant ethnic group in the project area is Kikuyu tribe. The religion practiced in the project area is dominated by Christianity. 4.3.7 Women The economic, social and political status of women in the project area is relatively weak. They are generally economically dependent upon men who tend to make the decision as to how many children the family should have. Women are burdened by back-breaking work in addition to all food preparation, child rearing and domestic chores. Women are also the principle collectors of water and firewood, and in some instances, they have to walk long distances in search of water for drinking and cooking considering that 70% of the PAPs rely on river water. Women’s access to formal education is low in the affected area. During compensation, Matrimonial Property Act No 49 of 2013 is triggered. During the disclosure of compensation packages, both spouses will be encouraged to participate. this will avert any conflicts arising from disbarment of compensation money. This is line with the act, section 3 (2) which states that, the parties to a marriage have equal rights and obligations at the time of the marriage and at the dissolution of it. 4.3.8 Children Children are the most vulnerable members of the community due to the effects of displacement and disintegrations of families. In the project area, children are tasked to fetch firewood, collect water and to look after cattle. 47 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 During socio-economic study, it was established all the PAPs except one (1) aged 35years has minors. The family resides in Thika town and the PAP is an employee of a certain company hence, his livelihood is on salary. The children will not be vulnerable or exposed to social risks during land acquisition. 4.3.9 Housing The quality of housing in the project affected area consists of a mix of permanent and semi- permanent houses. 4.4 Land Use Most of the respondents indicated that land is basically used for mixed farming where crop farming and dairy farming is dominant. In the year 2015/2016, farmers from Makomboki tea factory received over 1 billion earnings from the sale of their tea. Bulk of the population is engaged in tea farming and or dairy production. Farmer sometimes experience fluctuation of prices of their products in the market (tea, milk and vegetables) and in addition to poor agricultural practices there is generally low income leading to middle to low standards of living. The main land uses in the project area include: - Food crop production(maize, beans, potatoes, vegetables) - Cash crop production (Tea, cabbages) - Livestock (cows, goats, chicken, sheep) - Agro-forestry. 4.5 Resettlement Impacts 4.5.1 Displacement The proposed water supply project will not result in displacement of any households. Only small portions of land with trees and crops will be affected with a total of 15 PAPs being affected. The impact is thus considered as minimal. 48 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4.5.2 Affected Land The land envisaged to be acquired is to be used for construction of 12 water storage tanks. Each of the tanks will occupy a total of 0.04 ha within private land. The compensation of total land value was adopted as replacement cost at the prevailing market rates. Table 4.4: Summary of Loss of Land Impacts Impact Size (Ha) Loss of land use 0.515 4.5.3 Affected Trees and Crops Different species of trees, both exotic and indigenous type are present in the area. The table below shows the extent of impact. Table 4.5: Summary of Loss of Trees and crops Impact Extent Loss of - Farm crops (maize, Nappier grass) crops and - Trees (Eucalyptus, cypress, wattle) trees - subsistence crops (nappier grass, beans and potatoes) - Tea bushes 4.5.4 Affected structures The proposed project will not result to displacement of households though it will affect the following structures:  a shop  a timber structure  pit latrine  Gate  fodder store  wire fence 4.5.5. Affected property according to each PAP The specifics of the affected property according to each PAP is addressed in the table below: 49 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Table 4.6: Details of affected property No Tank site Affected property 1. Tank at Ichichi area 0.04 ha plot valued which is 2% of total land area(Total land area is 1.99ha) 412 tea bushes 4 avocado trees 2 young macadamia trees 418 maize plants 17 passion fruit plants 2. Tank at Ichichi area 0.04 ha plot valued which is 2.66% of total land area(Total land area is 1.50ha) Wire fence and gate 2 eucalyptus trees 3. Tank at Ichichi area 0.04 ha plot valued which is 2.25% of total land area(Total land area is 1.78ha) Live hedge & wire fence 5 eucalyptus trees 2 young macadamia plants 4. Tank at Ichichi area (Chief’s 0.04 plot (belonging to government of Kenya) Compound) 1480 Napier grass stools 3 young avocado plants Wire fence valued 5. Tank at Kiruri area 0.04 ha valued which is 6.55% of total land area(Total land area is 0.61ha) 172 tea bushes Live hedge wire fence 6. Tank at Kiruri area 0.04 ha plot which is 1.98% of total land area(Total land area is 2.02ha) 388 tea bushes 4 young avocados plants 18 passion fruit plants 122 napier grass stools Live hedge & wire fence 7. Tank at Kiruri area 0.04 ha plot which is 5.1% of total land area(Total land area is 0.78ha) 1259 napier grass plants 22 cypress trees 6 young avocado plants Relocation of fodder store structure Live hedge & wire fence 50 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 No Tank site Affected property 8. Tank at Matharite 0.04 ha plot which is 4.7% of total land area(Total land area is 0.85ha) Relocation of pit latrine Relocation of a timber structure Live hedge fence & gate 86 napier grass stool 9. Tank at Gatara 0.04 ha plot which is 1.56% of total land area(Total land area is 2.56ha) Live hedge fence 42 wattle 10. Property On Road Reserve At The Relocation of a shop structure Frontage of Proposed Tank Site. 11. Tank at Gatara 38 wattle trees Relocation of a fodder stall structure 12. Crops On Road Reserve 615 napier grass stools 3 young avocado plants 13. Tank at Kanderendu 0.04 ha plot which is 10.6% of total land area(Total land area is 0.378ha) Live hedge wire fence 6 passion fruits plants 56 sweet potatoes plants 4 trees tomatoes 14 sugar cane plants 204 maize plants 3 young avocado plants 5 banana stools 4 grevillea trees 4 indigenous trees 192 Irish potato plants Relocation of timber structure 14. Tank at Mairi a) Tank site 0.04 ha plot which is 4.65% of total land area(Total land area is 0.86ha) Barbed wire fence b) Pipeline proposed on private land 0.035 ha way leave for pipeline 842 Napier grass stools 782 maize plants 51 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 No Tank site Affected property 15. Tank at Mairi 0.04ha land plot which is 5.33% of total land area(Total land area is 0.75ha) Relocation of pit latrine 21 eucalyptus trees 18 passion fruits 516 napier grass stools 4 young avocado plants 214 maize plants Live wire fence 52 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION 5.1 Introduction Public consultations in relation to the RAP occur at all stages, starting with inception and planning stages. Public participation and consultations was done through individual, group, and community meetings. Selection of ways to consult, and expand participation by PAPs and other stakeholders, took into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance). The role of traditional political and cultural leaders, including the community elders, in the participation strategy was important. 5.2 Stakeholders During the public consultations, multiple groups of stakeholders were consulted. The stakeholders were those who have an interest in the project development, and who will be involved in the further consultative process. Consultations were done both at the ESIA stage and during RAP preparation. The main groups of stakeholders are: 5.2.1 Directly Affected People These are the people who reside in the area or derive their livelihood from the affected land. These people will lose their property to the project through compensation of land, physical assets, trees and crops. Most of the directly affected people were informed and consulted on major issues concerning relocation, livelihood rehabilitation and income restoration. They participated in the socio economic survey. 5.2.2 Indirectly Affected Persons This group of stakeholders includes all those who reside in areas neighbouring the project area or are reliant on resources in the project area and will have no change or the project will 53 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 not adjust their livelihood e.g. groups such as those residing far from the project area but have farms near the proposed project area. 5.2.3 Government Agencies During the ESIA process, some of the key stakeholders consulted included: • Kenya Forest Service (KFS); • Kenya Wildlife Service (KWS); • Water Resources Management Authority (WRMA); • Physical Planner; and • Local administration The summary of the deliberations is itemised in Table 5.1. 54 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Table 5.1: summary of comments from key informants. Issue of Concern Kenya Forest Service Kenya Forest Service (Muranga Water Resource Management Physical Planner (Murang’a (Kigumo) County) Authority (Upper Tana Sub- County Government) Region) Water shortage Agreed there is water Agreed there is water shortage in the Agreed that the piped water is Agreed there is water shortage in the area area insufficient shortage in the area Project contribution -Improve the existing -Adequate water for domestic use -adequate portable water for the -easy access to drinking towards alleviating water supply -Irrigation community water this problem Positive impacts -poverty eradication -clean and safe water to community -availability of quality water -will save time which is -Income generation -time saving for community to do consumed in fetching water Establishment of tree nurseries to other activities -Clean water hence reduced alleviate poverty and conserve the level of water borne diseases environment Negative impacts -Impact of the flow -destruction of vegetation along the -if all regulations will be followed -none downstream way leave there will be no any negative -the trenches dug may cause impacts mudslides during rainy seasons because the area is hilly. Other issues -project committee -community ownership of the -follow and adhere to group by- -community should form a should be formed to project should be enhanced laws committee to run the project manage the water -KFS to give required way leave and - adhere to the government laws -provide meters to regulate supply abstraction authority before and water act wage and bill of the commencement of the project. This -install master meter consumers should be accompanied by WRMA -priority of the water used should -domestic use should be the permit and NEMA license. be for domestic use priority -acquire abstraction water permit 55 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Issue of Concern Kenya Forest Service Kenya Forest Service (Muranga Water Resource Management Physical Planner (Murang’a (Kigumo) County) Authority (Upper Tana Sub- County Government) Region) -domestic water use should be the priority Kenya Wildlife Service (KWS) were also consulted and requested to undertake a site visit to the proposed intake which was undertaken 27th and 28th of June 2017. From the site visit, they gave a go-ahead for the project to be implemented. 56 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 5.3 Community Meetings and issues raised During the ESIA preparation, public meetings (barazas) were also held with communities living within the project area. Two other public barazas were held during the RAP study i.e. in Kiruri location and Ichichi location. They were held on 21 December 2017. . The minutes of the meetings and attendance sheets are as shown in Appendix II. The following is the summary of views, comments, suggestions obtained and discussions had during public barazas at Ichichi and Kiruri locations. Summary of Comments, issues and opinion raised during the public meetings  As per the design of the project, twelve (12) water storage tanks acting as pressure break tanks were sited in private lands while the pipeline will be largely on the road reserve.  Land will be acquired for the tanks and compensation done accordingly. Compensation will cover structures, land, trees and crops.  The process for valuation starts from survey of the affected area to create boundaries, then valuation and finally disclosure.  AWSB will have a meeting with each PAP for disclosure and if in agreement compensation will be done.  The cut-off date is 30 December 2017. After this date any other improvement on the affected land will not be considered for compensation.  RAP disclosure will be to an individual and compensation will be one off.  Some of the PAPs have no title deed, what will happen during compensation?  AWSB will facilitate land search and that will be the basis of compensation.  The family members are encouraged to agree as a family and whoever they front as a PAP for compensation (agreement in written), he/she will be compensated but easement will be registered.  New titles will be issued in favour of AWSB and also the land owner. The cost implications will be catered for by AWSB The landowner will surrender his/her title during compensation payment for change of title.  During compensation, the following requirements are needed: copy of ID, Title deed, copy of KRA PIN, passport size photos and bank details. 57 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER SIX: VALUATION OF AND COMPENSATION FOR LOSSES This section describes the methods used in valuation of land, trees, crops and structures eligible for compensation consistent with either Kenyan laws or policies or World Bank policy on involuntary resettlement (OP 4.12). 6.1 Inventory of Assets and PAPs In order to prepare for compensation and other resettlement benefits, it is imperative that a comprehensive asset and affected persons inventory in the designated areas for the different project components is done. Such an inventory was conducted by a multidisciplinary team composed of the following persons: - Project Team Leader, Surveyor, Valuation Expert and Sociologist. In addition to this team, respective Location and Sub Location Chiefs plus village leaders were present to witness the process. 6.2 Valuation Procedure At each affected land/plot, the Valuer took careful count of all crops and trees. In addition, the Valuer counted and measured all the affected buildings/structures in the presence of the affected person and a local leader. A Compensation Assessment Form was filled to record all the properties affected. The licensees or sharecroppers crops were also noted and recorded on a separate Compensation Form bearing the names of the licensee or sharecropper. The property of the sharecropper/licensee was recorded in the presence of the landowner, the licensee/sharecropper and the area leader. All the PAPs verified the contents of the Compensation Assessment Form and appended their signatures to this form during compensation disclosure done on 4th and 5th April 2018. The affected persons will take a copy of the Compensation Assessment while the original will be retained by AWSB. 58 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Standing crop and trees compensation Standing trees and crops compensation procedure was guided by the ministry of agriculture guidelines. In this RAP, focus was acquisition of land for construction of storage tanks and for the pipeline that passes through private farmlands. The crops and trees affected by the project include eucalyptus, fruit trees, Napier grass, sugarcane, maize and beans. Land compensation Land will be acquired for construction of water storage tanks and laying of the pipeline (land for acquisition for laying pipeline is minimal since the entire distribution network is on road reserve). The total land to be acquired for the construction of storage tank and wayleave is 0.515ha. Compensation was calculated based on open market rate and considering annual output value and occupation period based on all income and yield from the land. 6.3 Land Survey Land Surveyor demarcated the boundary of the project land required for acquisition. He then demarcated individual affected property so as to determine the different land areas/sizes acquired from each PAP. The surveyor worked hand in hand with the affected persons and the area chief. 6.4 Socio-economic profile of each PAP Structured questionnaires were administered by a team of trained Research Assistants in order to document each Project Affected Person’s profile. The team was supervised by a Resettlement Expert. The questionnaires were entered into SPSS and analyzed to estimate the magnitude of the impacts and for monitoring purposes. The socio-economic survey revealed a substantial amount of information on the economy and social organization of the affected community. The Resettlement expert reviewed the data so as to identify appropriate and sustainable interventions. 59 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 6.5 Computation of Compensation Packages Valuation and calculation of the affected property was based on the following; Market rate approach: Market rates were applied especially when valuing and calculating compensation values for land. Replacement cost approach: This applied to structures which will be affected by the project. The valuation was done based on replacement cost which is made up of market cost plus all associated administrative and transportation costs. 6.6 Forms of Compensation Compensation shall be done in cash compensation form and will be in Kenyan local currency -- compensation will be calculated at new (i.e. un-depreciated) replacement value. Rates will be adjusted for inflation. 6.7 Disclosure of valuation report and signing of the agreement The disclosure of the compensation packages was done to each PAP individually on 4 th and 5th April 2018. All the PAPs accepted the offer and subsequently signed the sale agreements. 6.8 RAP implementation cost The total cost for the implementation of the RAP is Kenya Shillings Eight Million One Thirty Three Thousand Four Hundred and Forty Five Only (KES. 8,133,445.00). The breakdown is provided in the tables below. Table 6.1: Summary of Assets Compensation Costs Impact Compensation cost, KES Land 2,695,750 Crops and Trees 846,360 Structures 889,390 60 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Impact Compensation cost, KES Sub-Total 4,431,500 15% disturbance allowance 664,638 TOTAL 5,096,138 Table 6.2: Summary of administrative and other Costs Description of activity Amount in KES Provisional sum to cover for RIT, RWG and PAPs committee meeting 2,000,000.00 costs (rooms, transport, refreshments, stationery etc.) at a maximum of Kshs 200,000 per month for a maximum of 10 months. Provisional sum for Capacity Building Programs for RIT, RWG, M&E and 500,000.00 PAPs Committee members at a maximum lump sum of KES 500,000. Capacity building and sensitization of PAPS on compensation (50,000 for 150,000.00 a maximum of 3 months) Total 2,650,000.00 Table 6.3: Estimated Costs for RAP Implementation Description Amount in KES Compensation for loss of land, structures, trees and crops inclusive of 5,096,138.00 15% disturbance allowance. (Totals of Table 6.1) Provisional cost for administrative and other Costs (Totals of Table 6.2) 2,650,000.00 Sub Total 7,746,138.00 Contingency 5% of total budget 387,307.00 Grand Total 8,133,445.00 61 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER SEVEN: ELIGIBILITY AND ENTITLEMENT MATRIX 7.1 Introduction This section sets out the eligibility criteria for the different categories of PAPs who will be affected by the water supply project for resettlement and benefits. The involuntary taking of land, results in relocation or loss of shelter and loss of assets or access to assets or natural resources or loss of income sources or means of livelihood, whether or not the PAPs must move to another location. The WB OP 4.12 Para 15 (a, b, & c) categorizes those eligible for compensation and resettlement in three groups as shown below. (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 action plan (itinerant farmers or sharecroppers) and; (c) Those who have no recognizable legal right or claim to the land they are occupying. PAPs covered under a) and b) above are to be provided compensation for land they lose, and other assistance in accordance with the policy. Persons covered under c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy or use the project area prior to a cut-off date. 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 a), b) or c) above are to be provided with compensation for loss of assets other than land. 62 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 All PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the cut-off date. Persons who occupy the area after the socio- economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance. 7.2 Cut-Off Date The entitlement cut-off date refers to the time when the valuation assessments of the land and assets/ developments on the land and a census of all the affected people begins. The date of the census will serve as the cut-off date for eligibility and no new arrivals in the project area or assets created after the cut-off date will be eligible for compensation after this date. The Cut- off Date for implementation of the RAP will be on 20 December 2017. No land improvement in the Project-Affected Area after this date shall be eligible for compensation. All the PAPs were informed of the cut-off date and its implications. Information about the cut- off date was disseminated mainly through public meetings and during the socio-economic survey. 7.3 Eligibility for resettlement/relocation Eligibility for compensation and/or resettlement considered households who are occupying land acquired for the project and the remaining piece is considered economically unviable. All the 15 PAPs will be eligible for compensation and none will be relocated. An entitlement matrix is given in the tableError! Reference source not found. 7.1 below. 63 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Table 7.1: Entitlement matrix Land and Types of Impact Person(s) Compensation/Entitlement/Benefits Assets Affected Agricultural Less than 20% of Farmer/ title Cash compensation for affected land equivalent to replacement value or Market value land land holding holder affected remains economically Tenant/ lease Cash compensation for the harvest or product from the affected land or asset, viable. holder equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Commercial Land used for Title holder/ Cash compensation for affected land Land business partially business owner affected Opportunity cost compensation equivalent to 5% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where Limited loss such records do not exist). Business owner Opportunity cost compensation equivalent to 10% of net annual income based on bank is lease holder statement. Assets used for Title Land for land replacement or compensation in cash according to PAP’s choice. Land for business severely holder/business land replacement will be provided in terms of a new parcel of land of equivalent size affected owner and market potential with a secured tenure status at an available location which is acceptable to the PAP. If partially affected, the remaining Transfer of the land to the PAP shall be free of taxes, registration, and other costs. assets become insufficient for Relocation assistance (costs of shifting + allowance) business purposes Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Business person Opportunity cost compensation equivalent to 2 months net income based on tax is lease holder records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher. 64 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Land and Types of Impact Person(s) Compensation/Entitlement/Benefits Assets Affected Relocation assistance (costs of shifting) Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to reestablish the business. Residential Land used for Title holder Cash compensation for affected land Land residence partially affected, limited Rental/ lease Cash compensation equivalent to 10% of lease/ rental fee for the remaining period of loss holder rental/ lease agreement (written or verbal) Remaining land viable for present use. Land and assets Title holder Land for land replacement or compensation in cash according to PAP’s choice. used for residence severely affected Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a Remaining area nearby resettlement area with adequate physical and social infrastructure systems as insufficient for well as secured tenure status. continued use or becomes smaller When the affected holding is larger than the relocation plot, cash compensation to cover than minimally the difference in value. accepted under Transfer of the land to the PAP shall be free of taxes, registration, and other costs. zoning laws Relocation assistance (costs of shifting + allowance) Land and assets Rental/ lease Refund of any lease/ rental fees paid for time/ use after date of removal. used for residence holder severely affected Cash compensation equivalent to 3 months of lease/ rental fee. Assistance in rental/ lease of alternative land/ property. 65 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Land and Types of Impact Person(s) Compensation/Entitlement/Benefits Assets Affected Remaining area Relocation assistance (costs of shifting + allowance) insufficient for continued use or becomes smaller than minimally accepted under zoning laws Buildings and Structures are Owner Cash compensation for affected building and other fixed assets. structures partially affected Cash assistance to cover costs of restoration of the remaining structure Remaining structures viable Rental/ lease Cash compensation for affected assets (verifiable improvements to the property by the for continued use holder tenant). Disturbance compensation equivalent to two months rental costs Entire structures Owner Cash compensation for entire structure and other fixed assets without depreciation, or are affected or alternative structure of equal or better size and quality in an available location which is partially affected acceptable to the PAP. Remaining Right to salvage materials without deduction from compensation structures not suitable for Relocation assistance (costs of shifting + allowance) continued use Rehabilitation assistance if required (assistance with job placement, skills training) Rental/ lease Cash compensation for affected assets (verifiable improvements to the property by the holder tenant). Relocation assistance (costs of shifting + allowance equivalent to four months rental costs). 66 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Land and Types of Impact Person(s) Compensation/Entitlement/Benefits Assets Affected Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/ Cash compensation for affected structure without depreciation informal dweller Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure accommodation) to area where he/she can live and work legally preferably in the community of residence through involvement of the project Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available) Rehabilitation assistance if required assistance with job placement, skills training) Street vendor Opportunity cost compensation equivalent to 2 months net income based on tax (informal records for previous year (or tax records from comparable business, or estimates), or without title or the relocation allowance, whichever is higher. lease to the stall or shop) Relocation assistance (costs of shifting) Assistance to obtain alternative site to re- establish the business. Standing Crops affected by PAP (whether Cash compensation equivalent to average of last 3 years market value for the mature crops land acquisition or owner, tenant, and harvested crop. temporary or squatter) acquisition or easement Trees Trees lost Title holder Cash compensation based on type, age and productive value of affected trees plus 10% premium 67 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Land and Types of Impact Person(s) Compensation/Entitlement/Benefits Assets Affected Temporary Temporary PAP (whether Cash compensation for any assets affected (e. g. boundary wall demolished, trees Acquisition acquisition owner, tenant, removed) or squatter) Community In kind replacement or compensation at replacement cost for land and structures property 68 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER EIGHT: RAP ORGANIZATIONAL PROCEDURE AND IMPLIMENTATION SCHEDULE 8.1 Organizational procedure The proposed project will be under the administrative authority of the AWSB as the implementing agent. Policy and strategic decisions involve the following Ministries:  Ministry of water and irrigation  The National Treasury  Ministry of Environment and Natural Resources  Ministry of Lands and housing (Physical Planning Department)  County Government of Murang’a 8.1.1 Resettlement Implementation Team (RIT) AWSB will establish a RIT, comprising a sociologist, surveyor, environmental specialist, engineer, land valuer and legal officer to manage the RAP process. Roles and responsibilities i. Public sensitization of all stakeholders and on-going community engagement; ii. Socio-economic survey to identify the PAPs; iii. Establish eligibility for compensation; iv. Valuation of loss of use of assets i.e. land, structures and crops/trees; v. Determination of compensation for loss of employment/incomes and loss of business; vi. Deliver prompt compensation/resettlement; vii. Be a member of the grievance procedure; and viii. Monitoring, evaluation and reporting. 69 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 8.1.2 Resettlement Working Group (RWG) The RAP will be implemented in partnership with various relevant government agencies. The RWG will comprise the community liaison officer (AWSB), local leaders and Murang’a county government representatives. The roles and responsibilities of the RWG will include but not limited to:  Act as the primary channel of communication between the various interest groups/organizations involved in the resettlement process;  Serve as communication link between AWSB and the PAPs; and  Serve as the court of first appeal to solve problems that arise during RAP’s implementation. 8.1.3 Local PAP Committees The PAPs committee acts as a link between the various communities and AWSB. PAP committee shall comprise:  Chairperson elected by the PAPs  Secretary elected by the PAPs  3 members elected by the PAPs (a male, a female and youth)  Local Area Chief 8.2 Implementation schedule The project implementation timeframe is not definite as the start date was not indicated in the ToR. However, all the PAPs were eager to be given clear timeframe as well as be furnished with the date of compensation payment. The RAP anticipates that the project implementation schedule will consist of three phases namely preparation, implementation and post implementation. It mainly will include works such as clearing access roads and civil works. 70 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 The resettlement schedule for land acquisition will be coordinated with Resettlement Implementation Team (RIT). The activities prior to construction are outlined in the following table below. Table 8.1: RAP Implementation schedule Task Name Duration Project duration 61 days Submission of Final RAP report by the consultant 1 day Approval of RAP by AWSB 7 days Constitution of RIT and RWG 1 day Validation process by consultant’s valuer and RIT 4 days Community consultation 4 days Constitution of RAP PAP committee 2 days Notification of entitlement 2 days Signing of agreement on entitlement by PAPs 4 days Payment of compensation 14 days Notification of relocation/acquisition 14 days Redress of Grievances 34 days Submission of project completion report by RIT 7 days Monitoring and Evaluation 27 days Deliverables 61 days Final RAP report 0 days Project completion report 0 days Monitoring and Evaluation report 0 days 71 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Figure 8.1: RAP Implementation schedule 72 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER NINE: GRIEVANCE REDRESS MECHANISM 9.1 Introduction During the implementation of the project activities it is likely that disputes/disagreements between the project implementers and the affected persons will occur especially in terms of boundaries, ownership of crops or land or use of land/ properties, compensation values, delay in disbursement of the compensation packages. It will therefore be necessary to establish channels through which aggrieved people shall file their complaints so as to ensure successful project development and implementation. The project RAP team to be established by AWSB (and will be a team of Consultants; including a RAP Specialist, Land Surveyor and Property Valuer) will establish grievance redress mechanisms. The grievance redress procedures will provide opportunity for PAPs to settle their complaints and grievances amicably. The procedure to be adopted will allow PAPs not to lose time and resources from going through lengthy administrative and legal procedures. This will be set up through Local Authorities, including a Resettlement Committee and through community leaders. The grievance mechanisms shall: - Provide an effective avenue for expressing concerns and achieving remedies for communities. - Promote a mutually constructive relationship between the project and the community or PAPs. - Prevent and address community concerns. 9.2. Grievance Mechanisms The Land Act 2012 and National Land Commission Act 2012 obligate the NLC to manage grievances and disputes related to resettlement or land amicably. NLC will be expected to arbitrate or negotiate with PAPs or landowners that have any grievances concerning their compensation. The structures they put in place are also expected to take up this responsibility. 73 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 This RAP thus will use the following grievance resolution mechanisms. Grievance Resolution Committee The grievance committee is at the local level and this constitutes the following people;  Location Chief;  Sub Location Chief;  Village leader;  Three representatives of Project Affected Persons (1 Male, 1 Female and 1 Youth);  A representative from county government of Murang’a. Complaints of PAPs on any aspect of compensation or addressed losses shall first be lodged either in writing or orally to the committee or project liaison officer (who receives grievance and process), which will be resolved by use of customary rules and existing grievance resolution mechanisms. The Grievance Resolution Committee will try as much as possible to arrive at a compromise for the complaints raised. This will be obtained through series of conciliations, mediations and negotiations exercises conducted with the PAPs. If the grievance is not resolved, the case will be forwarded to Resettlement Working Group (RWG). This committee will sit at the chief’s office in Kiruri. The following procedure will be followed: 1. Registration of grievance: an aggrieved party registers a grievance at the Chief’s office or with project liaison officer using a “Grievance Registration Form” and within two working days the committee meeting is convened by the chair. (See appendix III for a sample of the Grievance Registration Form); 2. The secretary of the committee will log in the Grievance into the Grievance Register and the aggrieved person informed of the scheduled hearing. A maximum of 7 working days shall be given between the date the case is recorded and the date when the hearing is held; 3. The committee will be meeting on a weekly basis to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held; 74 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4. The committee will communicate its judgement to the affected persons within 7 days (See appendix IV for a sample Resolution Form); 5. If there is no resolution at this stage the committee through the chair moves the case to the next level. This will be done within 7 days after 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. Resettlement Working Group (RWG) RWG as discussed in section 8.1.2 will comprise AWSB representative, area chief and Murang’a county government representatives comprising the County Executive Committee (CEC) in charge of land and environment, water and other relevant departments. The team will receive the grievance for deliberation from the grievance resolution committee. If unresolved the grievance will be forwarded to the RIT. Resettlement Implementation Team The project implementation team shall comprise the AWSB staff involved in the project for example; sociologist, environment officer, resident engineer and a legal officer among others. The project implementation team will receive and verify the claims on the ground with the assistance of the grievance committee. If unresolved then the case will be forwarded to the Land and Environmental Court or High Court. Land and Environmental Court or High Court The constitution allows a right of access to courts of law by any person who has an interest or right over property. The aggrieved PAP not satisfied with the decision of the Committee will submit the case to courts of law as a last resort. However, this will only happen after all amicable ways to resolve the grievance have failed. 75 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 9.3. Grievance Resolution Process PAPs were consulted about the different approaches to resolving grievances during assets valuation. Subsequently, through sensitization meetings the PAPs were informed of the different grievance mechanisms in place for them to lodge their complaints and dissatisfactions. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility and ensure transparency. All the grievances will be channelled via the Grievance Resolution Committees. Complaints will be received in written or orally and will be filled in a Grievance Registration Form by the committee. The steps for grievance redress are as follows:  First step: Registration of the grievances with the Grievance Resolution Committee as discussed in section 8. The committee will seek to eliminate nuisance claims and engage with legitimate claimants endeavouring to reconcile the aggrieved PAP(s) concern or depending upon the issue to negotiate for a resolution. Where the complaint and grievance cannot be resolved by the committee, the complaint is referred to the RWG.  Second step: The RWG receives grievance forwarded by the committee concerning the aggrieved PAP(s) to negotiate and possible resolution. The RWG having heard the concern, the meeting will respond to the aggrieved PAP(s) within two (2) weeks of the date of the meeting. Where the complaint and grievance cannot be resolved by the RWG, the complaint is referred to the Resettlement Implementation Team (RIT).  Third step: Where the complaint and grievance cannot be resolved by the RWG, the complaint is referred to the Resettlement Implementation Team (RIT).  Fourth step: In instances where the RIT is unable to resolve the matter, the same will be referred to the Courts for settlement. Kenyan citizens and legal entities have access to court recourse in conformance 76 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 with applicable laws. The aggrieved PAP(s) have the right to pursue the matter up to the Supreme Court if necessary.  Fifth step: Expropriation of land will be used as a last resort when all of the above procedures have either failed or extensive delays to the project are foreseen. Expropriation means taking away of private land and landed property for public purpose by the Government with or without the owner’s consent subject to laws of ’Eminent Domain’, which stipulates the right that government or one of its agents has the right to take property for public use following prompt and adequate compensation being paid, among other things. The decisions of the action to be taken or taken will be communicated to all involved parties mainly in Grievance resolution form. All measures will be undertaken to ensure that the grievance is solved amicably between the concerned parties and the courts will be the last resort. Efficiency in solving of the grievances will be of paramount importance. The above steps are summarised in Figure 9.1. 77 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Aggrieved party reports the grievance Grievance Resolution Committee receives the grievance; convene a meeting and decides Tier one the best grievance resolution approach Matter ressolved Yes No action Resettlement Working Group Tier two Matter ressolved Yes No action Resettlement Implementation Team Tier three Matter ressolved Yes No action Land and environment court Tier four Yes No action Matter ressolved No Expropriation Figure 9.1: Grievance redress procedure 78 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 9.4. Monitoring Complaints In addition to the Grievance Resolution Form, a Grievance Log will be kept by the project implementers indicating the date the complaint was lodged, actions to be taken and personnel or team responsible for the complaint. A Project Liaison Officer or Resettlement Expert for the project will monitor and document the progress of all complaints through monthly RAP implementation status reports. 79 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER TEN: MONITORING AND EVALUATION In order to guarantee that the compensation plan is smoothly performed and the interests of the affected persons are well taken care of, the implementation of the resettlement action plan will be under monitoring throughout the whole process. Monitoring will be divided into two parts, i.e. internal and external monitoring. 10.1 Internal monitoring The internal monitoring will be performed by AWSB. The target of internal monitoring is to ensure that there is overall fairness and transparency while compensation process takes place and Resettlement Action Plan is performed based on legal rights. The main monitoring center would be compensation allocation schedule, payment and use of compensation fee, implementation of the policies and regulation specified in the resettlement plan and the whole course of implementation of the compensation. The main source of data for internal monitoring will be the data base generated from the RAP for records on compensation of assets as well as the day today observations by implementing staffs. The client’s team will record the progress of land allocation and resettlement. They will make a summary report starting from the commencement of the activities and special events will be reported on continuous basis. 10.2 External Monitoring External monitoring will be conducted through a contracted independent and qualified consultant. The consultant will visit the project area on a quarterly basis. The consultant will ensure that: - Monies paid to households who have lost crops and other forms of livelihood production have received fair compensation 80 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 - Where land has been permanently acquired for the project, households affected have been afforded fair compensation. - The grievances raised by stakeholders, notably PAPs, have been settled within the stipulated timeframe without delay including the effectiveness of the compensation delivery system. - Review the results of internal monitoring and review overall compliance of RAP The consultant must write its reports before the end of each visit and submit them to AWSB and the RAP committee. 10.3 Monitoring Indicators The table below shows the monitoring indicators: 81 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply Project, Murang’a County May 2018 Table 10.1: Monitoring indicators Subject Indicator Variable Land Land acquired  Area of cultivation land acquired  Developments  Area of private land acquired  Approvals sought for use of government land Buildings/ Number of other  Number, type and size of other structures demolished/relocated Structures structures to be demolished/relocated Trees and Crops Number of trees to be  Number and type of trees cut cleared  Age size at girth level Value of crops to be  Crops destroyed by area and type destroyed  Compensation amounts for the crops destroyed Compensation, Number of PAPs  Number of individuals affected Re-establishment compensated  Number of owners compensated by type of loss and Rehabilitation  Amount compensated by type and owner Hazards and Number of complaints Number of households affected by hazards and disturbances from construction Disturbances received from PAPs (excavation of trenches, noise levels, blasting, increased traffic levels) 82 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 CHAPTER ELEVEN: CONCLUSIONS The proposed construction of water supply by AWSB in Makomboki, Kiruri & Ichichi areas, Murang’a County will improve access to potable water by the community. Provision or additional water supply has potential to un-lock the economic potential of rural areas and thus contribute to national economic growth. This A-RAP report has been prepared in consistency with the applicable policy provisions of Kenyan Government and the provisions of the World Bank's Safeguard Policy on Involuntary Resettlement (OP 4.12). OP 4.12 requires that a RAP be prepared for all projects that anticipate land acquisition and displacement affecting shelter, livelihood and associated impacts. This RAP report presents an inventory (register) of people and assets to be affected by development of the project and their equivalent value of compensation package as mitigation measures for the social risks caused by the project. The PAPs were involved in the RAP process and their views incorporated in the report. The report also, proposes mechanisms to involve PAPs throughout all stages of the RAP process that is during the disclosure, implementation as well as monitoring and evaluation processes. The compensation packages took into consideration the livelihoods of the PAPs and will not interfere with the sources of income including current jobs available to the PAPs and compensation from loss of income from business structures and related activities. The report has an elaborate grievance mechanism to be used in case of any dispute arose concerning RAP implementation. The grievance mechanism structure has community members, including representatives of gender to ensure that every PAP has a voice during resettlement process. During the consultation and participation meetings with the PAPs, it was agreed that AWSB will ensure: 83 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 1. Continuous sensitisation of affected communities in the pre-construction phase of the project 2. timely compensation of all the affected persons using the prevailing market rates and as per the valuation roll. 3. A minimum of one month notice will to be given to the PAPs to enable them salvage their assets. 4. Unskilled labour will be drawn from local communities and income generating opportunities for women will be considered during project construction in the form of food preparation and sale to workers. 5. The community will be involved during monitoring and Evaluation process. This will ensure that arising issues are properly addressed. 84 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX i. Asset register; ii. Public consultation minutes and attendance sheet; iii. Grievance registeration form; iv. Sample grievance and resolution form v. Grievance log vi. Sample questionnaire used 85 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX I: ASSETS REGISTER MINISTRY OF LANDS & PHYSICAL PLANNING Telegraphic Address …………... DISTRICT LANDS OFFICE Telephone ………………………. MURANG’A If calling please ask for P.O. BOX 342-10300 When replying please quote KERUGOYA. Ref No MURANG’A VAL. MRG/WASSIP DATE: 3rd January 2018 THE CHIEF EXECUTIVE OFFICER, ATHI WATER SERVICES BOARD, P.O. BOX 45283-00100, NAIROBI. RE: REPORT AND VALUATION OF THE PROPOSED TANK SITES AND PIPELINE ALONG KIRURI, ICHICHI AND MAKOMBOKI COMMUNITY WATER SUPPLY PROJECT On request from Athi Water Service Board, a land, property and crops valuation assessment was carried out from 22-24 December 2017 on sites proposed for construction of tanks and pipeline corridor along Kiruri-Ichichi & Makomboki Community Water Supply Projects. Enclosed, please find details of the report; Yours faithfully, B.M. NDOME SUB CONSULTANT – EASEMENT VALUATION 86 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 S.NO VALUATION ASSESSMENT DETAILS AMOUNT 1. 0.04 ha of land valued @ KeShs 221,000 221,000 412 tea bushes @ KeShs 320 each 131,840 4 mature avocado trees @ KeShs 7,500 each 30,000 2 young macadamia trees @ KeShs 1,125 each 2,250 418 maize plants @ KeShs 13 each 5,434 17 mature passion fruit plants @ KeShs 800 each 13,600 SUB-TOTAL 404,124 Add 15% disturbance allowance 60,619 TOTAL Four hundred sixty four thousand, seven hundred forty 464,743 three shillings only. 2. 0.04 ha plot valued @ 221,000 221,000 Wire fence and gate @ 21,400 21,400 2 eucalyptus trees @ 2,850 5,700 SUB-TOTAL 248,100 Add 15% disturbance allowance 37,215 TOTAL Two hundred eighty five thousand, three hundred and 285,315 fifteen shillings only. 3. 0.04 ha plot valued @ 221,000 221,000 Live hedge & wire fence @ 28,480 28,480 5 eucalyptus trees @ 2,850 14,250 2 young macadamia plants @ 1,125 2,250 SUB-TOTAL 265,980 Add 15% disturbances allowance 39,897 TOTAL Three hundred five thousand eight hundred and seventy 305,877 seven shillings only. 4. 0.04 plot belonging to government of Kenya 00.00- 1480 Napier grass stools @ 25 37,000 87 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 3 young avocado plants @ 3,750 11,250 Wire fence valued @ 6,800 6,800 SUB-TOTAL 55,050 Add 15% disturbance 8,258 TOTAL sixty three thousand three hundred and eight shillings 63,308 only. 5. 0.04 ha valued @ 221,000 221,000 172 tea bushes @ 320 55,040 Live hedge wire fence @ 8,400 8,400 SUB-TOTAL 284,440 Add 15% disturbance allowance 42,666 TOTAL Three hundred twenty seven thousand one hundred 327,106 and six shillings only. 6. 0.04 ha plot valued @ 221,000 221,000 388 tea bushes @ 320 124,160 4 young avocados plants @ 3,750 15,000 18 passion fruit plants @ 1,200 21,600 122 napier grass stools @ 25 3,050 Live hedge & wire fence @ 28,800 28,800 SUB-TOTAL 413,610 Add 15% disturbance allowance 62,042 TOTAL Four hundred seventy five thousand, six hundred and 475,652 fifty two shillings only. 7. 0.04 ha plot valued at 221,000 221,000 Relocation of pit latrine @ 87,400 87,400 Relocation of a timber structure @ 121,600 121,600 Live hedge fence & gate valued at 28,200 28,200 86 napier grass stool @ 25 2,150 88 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 SUB-TOTAL 460,350 Add 15% disturbance allowance 69,053 TOTAL Five hundred twenty nine thousand, four hundred and 529,403 three shillings only. 8. 0.04 ha plot valued at 221,000 221,000 Live hedge fence valued at 21,400 21,400 42 wattle @ 2,800 117,600 SUB TOTAL 360,000 Add 15% disturbance allowance 54,000 TOTAL Four hundred fourteen thousand shillings only. 414,000 9. Relocation of a shop structure 142,800 Add 15% disturbance allowance 21,420 TOTAL one hundred sixty four thousand two hundred and 164,220 twenty shillings only. 10. 38 wattle trees at 2,850 108,300 Relocation of a fodder stall structure 48,800 SUB TOTAL 157,100 Add 15% disturbance allowance 23,565 TOTAL One hundred eighty thousand six hundred sixty five 180,665 shillings only. 11. 0.04 ha plot valued @ 221,000 221,000 1259 napier grass plants @ 25 31,475 22 cypress trees @ 2,800 61,600 6 young avocado plants @ 3,750 22,500 Relocation of fodder store structure @ 49,800 49,800 Live hedge & wire fence valued @ 28,400 28,400 SUB TOTAL 414,775 89 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Add 15% disturbance allowance 62,216 TOTAL Four hundred seventy six thousand, nine hundred 476,991 ninety one shillings only. 12. 615 napier grass stools @ 25 15,375 3 young avocado plants @ 3,750 11,250 SUB TOTAL 26,625 Add 15 % disturbance allowance 3,994 TOTAL Thirty thousand, six hundred and nineteen shillings only. 30,619 13. 0.04 ha plot valued @ 221,000 221,000 Live hedge wire fence @ 21,400 21,400 6 passion fruits plants @ 800 4,800 56 sweet potatoes plants @ 30 1,680 4 trees tomatoes @ 450 1,800 14 sugar cane plants @ 300 4,200 204 maize plants @ 13 2,652 3 young avocado plants @ 3,750 11,250 5 banana stools @ 800 4,000 4 grevillea trees @ 1,850 7,400 4 indigenous trees @ 1,850 7,400 192 Irish potato plants @ 30 5,760 Relocation of timber structure @ 128,000 128,000 SUB TOTAL 421,342 Add 15% disturbance allowance 63,201 TOTAL Four hundred eighty four thousand, five hundred and 484,543 forty three shillings only. 90 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 14. c) Tank site 0.04 ha plot valued @ 221,000 221,000 Barbed wire fence @ 8,400 8,400 SUB TOTAL 1 229,400 d) Pipeline proposed on private land 0.035 ha way leave for pipeline @ 43,750 842 Napier grass stools @ 25 21,050 782 maize plants @ 13 10,166 SUB TOTAL 2 74,966 Subtotal 1 + Subtotal 2 304,366 Add 15 % disturbance allowance 45,655 TOTAL Three hundred fifty thousand, twenty one shillings only. 350,021 15. 0.04ha land plot valued @ 221,000 221,00 Relocation of pit latrine @ 87,500 87,500 21 eucalyptus trees @ 2,800 58,800 18 passion fruits @ 1,200 21,600 516 napier grass stools @ 25 12,900 4 young avocado plants @ 3,750 15,000 214 maize plants @ 13 2,782 Live wire fence valued @ 21,800 21,800 SUB TOTAL 441,382 Add 15% disturbance allowance 66,207 TOTAL Five hundred and seven thousand, five hundred and 507,589 eighty nine shillings only.  Grand total for all the PAPs = 5,096,138  Total number of PAPs = 15  Total number of tank sites proposed on private land = 12 91 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX II: PUBLIC CONSULTATION MINUTES AND ATTENDANCE SHEET Meeting 1: Meeting at chief’s office in Kiruri on 21/12/2017 at 12.40pm Below are the minutes of the meeting at Kiruri chief’s office. MINUTES OF PUBLIC PARTICIPATION MEETING FOR RAP FOR THE PROPOSED WATER SUPPLY SYSTEM DATE: 21 December 2017 VENUE: Chief’s office in Kiruri IN ATTENDANCE See attached list AGENDA 1. Introduction of participants 2. Project introduction 3. Comments and issues 4. Recommendations 5. A.O.B MIN01: Introduction of participants The meeting began at 12.40 pm with a prayer from one of the community members, then introductions by each person present. The consultant from Kenface Enconsults (A) Limited introduced his team. MIN02: Project introduction The consultant briefed the meeting about the proposed water supply project by Athi Water Services Board at Makomboki, Kiruri & Ichichi areas in Murang’a County. MIN03: Comments, issues and opinion Mr. Ndome He informed the meeting that this project came about as a result of Northern (Valuer) Collector Tunnel (NCT) project which led to implementation of nine (9) small water supply projects of which Makomboki, Kiruri & Ichichi is one of the project. Mr. Ndome explained to the meeting that there are major stakeholders in involved the project: AWSB (implementer), WB (donor), contractor and consultants. He informed the PAPs that AWSB will be responsible for compensation and overall management of the project implementation. 92 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 As per the design of the project, twelve (12) water storage tanks acting as pressure beak tanks were sited in private lands while the pipeline will be largely on the road reserve. Land will be acquired for the tanks and compensation done accordingly. Mr. Too Mr. Too gave a background of the project and informed PAPs that the main activity at (RAP this point was to carry out Valuation of the affected assets so that the RAP report can consultant) be prepared. Mr. Too explained the RAP process to the PAPs informing them the laws and regulations governing the process. The PAPs were taken through the grievance redress mechanism developed and how they can use incase of any grievance emanating from compensation. Compensation will cover structures, land, trees and crops. Mr. Too informed the PAPs that the valuer will carry out valuation then AWSB will have a meeting with each PAP for disclosure and if in agreement compensation will be done. He informed the PAPs that the cut-off date is 30 December 2017. After this date any other improvement on the affected land will not be considered for compensation. Cerere During disclosure, each PAP will be disclosed as an individual or as a group? Kimotho Is compensation payment one off or paid annually or monthly? PAP Response by the consultant  Disclosure will be to an individual  Compensation is one off. Chief Some of the PAPs have no title deed, what will happen during compensation? PAP How will you deal with succession issues? Many PAPs have title deed under their forefathers. Is the remaining land given new title deed? Response by the consultant  AWSB will facilitate land search and that will be the basis of compensation. 93 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018  The family members are encouraged to agree as a family and whoever they front as a PAP for compensation (agreement in written), he/she will be compensated but easement will be registered.  New titles will be issued in favour of AWSB and also the land owner. The cost implications will be catered for by AWSB The landowner will surrender his/her title during compensation payment for change of title. Mr. Ndome Compensation will also cater for the working area during construction. (Valuer) The process for valuation starts from survey of the affected area to create boundaries, then valuation and finally disclosure. During compensation, the following requirements are needed: copy of ID, Title deed, copy of KRA PIN, passport size photos and bank details. MIN04: Recommendations After the discussions about the proposed project, the participants uniformly recommended the project to continue without delay. MIN05: A.O.B There being no any other business to discuss the meeting adjourned at 1pm. Attendance list 94 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Meeting 2: Meeting at chief’s office in Ichichi on 21/12/2017 at 2.00pm Below are the minutes of the meeting at Ichichi chief’s office. MINUTES OF PUBLIC PARTICIPATION MEETING FOR RAP FOR THE PROPOSED WATER SUPPLY PROJECT DATE: 21 December 2017 VENUE: Chief’s office in Ichichi IN ATTENDANCE See attached list AGENDA i. Introduction of participants ii. Project introduction iii. Comments and issues iv. Recommendations v. A.O.B MIN01: Introduction of participants The meeting began at 02.00 pm with a prayer from one of the community members, then introductions by each person present. The consultant from Kenface Enconsults (A) Limited introduced his team. MIN02: Project introduction The consultant briefed the meeting about the proposed water supply project by Athi Water Services Board at Makomboki, Kiruri & Ichichi areas in Murang’a County. MIN03: Comments, issues and opinion Mr. Ndome He informed the meeting that this project came about as a result of Northern (Valuer) Collector Tunnel (NCT) project which led to implementation of nine (9) small water supply projects of which Makomboki, Kiruri & Ichichi is one of the project. Mr. Ndome explained to the meeting that there are major stakeholders in involved the project: AWSB (implementer), WB (donor), contractor and consultants. He informed the PAPs that AWSB will be responsible for compensation and overall management of the project implementation. 95 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 As per the design of the project, twelve (12) water storage tanks acting as pressure beak tanks were sited in private lands while the pipeline will be largely on the road reserve. Land will be acquired for the tanks and compensation done accordingly Mr. Too Mr. Too gave a background of the project and informed PAPs that the main activity at (RAP this point was to carry out Valuation of the affected assets so that the RAP report can consultant) be prepared. Mr. Too explained the RAP process to the PAPs informing them the laws and regulations governing the process. The PAPs were taken through the grievance redress mechanism developed and how they can use incase of any grievance emanating from compensation. Compensation will cover structures, land, trees and crops. Mr. Too informed the PAPs that the valuer will carry out valuation then AWSB will have a meeting with each PAP for disclosure and if in agreement compensation will be done. He informed the PAPs that the cut-off date is 30 December 2017. After this date any other improvement on the affected land will not be considered for compensation. Chief This project is for the government, funded by WB. The community requested for electricity and water supply during NCT project public participation. The meeting was carried out by the government, community, and AWSB and it was agreed that wayleave be given for free by the community. Land acquisition for tanks will be compensated accordingly and land, structures, trees and crops will be compensated. He urged the PAPs to allow the valuer to carry out assessment and valuations on the affected assets. He requested that the PAPs be connected with the water without pay. Response by the consultant This is not possible because there are costs associated with water connection including purchase of meters and this is normally taken care of by the customer. 96 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 John Kamau The land acreage shown in the title deed will change? PAP Yes. The acrerages will change. New titles will be issued in favour of AWSB and also the land owner. The cost implications will be catered for by AWSB The landowner will surrender his/her title during compensation payment for change of title. In case of easement, The easement will be registered in the title deed showing the size of affected land. The acreage will not change for easement cases. Chief The cut-off date will affect the crops especially for 3months? Response by the consultant Cut –off date affects any improvements on the affected land. Mr. Ndome Compensation will gather for the working area during construction. (Valuer) The process for valuation starts from survey of the affected area to create boundaries, then valuation and finally disclosure. During compensation, the following requirements are needed: copy of ID, Title deed, copy of KRA PIN, passport size photos and bank details MIN04: Recommendations After the discussions about the proposed project, the participants uniformly recommended the project to continue without delay. MIN05: A.O.B There being no any other business to discuss the meeting adjourned at 3pm. Attendance list 97 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 98 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 99 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 100 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 101 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Meetings during the ESIA Stage MINUTES OF PUBLIC PARTICIPATION MEETING AT KIRURI TEA BUYING CENTRE ON THE 17-02- 2017 AT 1100hrs to 1300hrs Present 1. Chief Kiruri Location 2. Ass chief Karurumo sub-location Kenface Company limited representatives 1. Peter Muriuki 2. Marjoline Motaroki Athi Water Services Board (AWSB) 1. Joseph Ndungu Agenda Public participation and consultation on the proposed construction of the Kiruri, Ichichi and Makomboki water projects. 1.0 Introduction The area Chief welcomed all members of his location and the meeting began with a word of prayer. The chief welcomed the government’s gesture to supply water to the area. He mentioned that the water in the area has been inadequate and this has had an effect to the people mostly in farming and household use. The area chief welcomed Mr. Ndungu from Athi Water to explain to the meeting the proposed project. Mr. Ndungu told the participants that the proposed project was initiated as a result of the outcry of the host community that they don’t have water supply yet water supplying other areas originate from the area. He reiterated that the project was to benefit the community and not to be a cause of conflict amongst communities. Mr. Ndungu then introduced the consultant, Mr. Muriuki. 102 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Mr. Muriuki started by thanking the people for attending the meeting and for their large turnout. He mentioned about the proposed project and the project area and he informed the meeting that the public consultation and participation is a requirement by law according to the EMCA 1999 Act. He assured the community that all issues and comments raised in the meeting will be incorporated in the report as the exercise was free, fair and independent. Having explained, he welcomed the community for questions. 2.0 Comments and opinion from the public Name Comments Mbuchi Kihara – Kiruri He wanted to know how the enumeration and compensation aspects would be handled. Evans Muturi – GSHWP Proposed that the existing gataguaguo water project to manage the project project as they had the capability and were duly registrered. He mentioned that he wanted jobs to be given to the locals once the project begins. James Maina Gichinga He said that his community has suffered a lot in persuit of water and he expressed his optimism of the water being sufficient according to the designs. Amos Kimani Said that the community had previously given their views to the county leardership as well as Athi water. His main concern was whether after distribution the water would be adequate. Peter Ruga He wanted Athi water to ensure that all corners of the location were covered especially the public interest areas like schools, hospitals, government offices e.t.c Pauline Wangari - Mentioned that the water was inadequate so additional water was greatly Karurumo appreciated. She also expressed support of gataguaguo as a water management body. Benson Kimanga He was very skeptical about merging the 2 projects together. He wanted the 2 projects kept separately as this would avoid future conflicts. 3. Conclusion After the comments and opinions from the public session was over, Mr. Muriuki thanked the public for their input. He later handed over the meeting back to the area chief who asked a member of the public to pray and the meeting concluded at 1330hrs. 103 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 MINUTES OF PUBLIC PARTICIPATION MEETING AT MAKOMBOKI CHIEFS OFFICE, MAKOMBOKI LOCATION HELD ON 07-03-17 FROM 1200HRS TO 1400HRS Present Local Administration; 1. Gibson Kimani - Senior chief Makomboki Location 2. John M. Kariuki - Asst. Chief Kanderadu sub-location 3. Bethiel K. Gitonga - Asst. Chief Makomboki sub location Kenface Company limited representatives; 1. Peter Muriuki 2. Marjoline Motaroki 3. Murigi Mwangi Athi Water representative; 1. Joseph Ndungu Agenda 1. Public participation of the proposed construction of the Kiruri, Ichichi and Makomboki water projects. 1.0 Introduction Chief Paul Mwangi welcomed all members of his location and the meeting began with a word of prayer from one of Pastors in the midst. The area chief explained the importance of water to the people of his location and how it would be beneficial in starting other income generating activities. Chief welcomed Mr. Ndungu from Athi Water to explain to the meeting the proposed project. Mr. Ndungu told the participants that the proposed project was initiated as a result of the outcry of the host community that they don’t have water supply yet water supplying other areas originate from the area. He reiterated that the project was to benefit the community and not to be a cause of conflict amongst communities. Mr. Ndungu then introduced Engineer Muchugia so as to explain the design to the constituents. Engineer Muchugia explained that he had a first meeting with the area administration and representatives from all areas were chosen and they assisted him in the design work. 104 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 Engineer  He mentioned that there was an issue at the intake as there was leakage and Muchugia this was making more water get lost.  He mentioned that through his calculations, he concluded that if the intake is rehabilitated the water would be more than enough for the people.  In the calculations, he mentioned he looked at existing schools, dispensaries and hospitals, trading centres as well as population reports in the area.  He mentioned that the budget was for I. Intake rehabilitation II. Distribution and lastly III. Construction of tanks.  Eng Muchugia explained that the main contention was a pipeline 6km long and that was noted in the last meeting and would be factored in the contingency budget. Mr. Ndungu then introduced the consultant, Mr. Muriuki. Mr. Muriuki started by thanking the people for attending the meeting and for their large turnout. He mentioned about the proposed project and the project area and he informed the meeting that the public consultation and participation is a requirement by law according to the EMCA 1999 Act. He assured the community that all issues and comments raised in the meeting will be incorporated in the report as the exercise was free, fair and independent. Having explained, he welcomed the community for questions. 2.0 Comments and opinion from the public Eng. Erastus He was very greatful for the project and mentioned that they had sat down at a Karanja Gakuya - different meeting and agreed that Gikakima water project should be given the the chairman of work of managing the project water to the whole location immediately after the Makomboki completion. tea factory and He mentioned that they had plans to reach everyone in the locality but the board member budget was the issue. zone II He said that since there was infrastructure for the project, it would be beneficial to use it so as to save costs. John Gitau – CEO He said that the existing water body “Gikakima” was registered in 2013 and has Makomboki tea been serving 2 electoral areas within the locality. factory He mentioned that they had the capability and should be given the project immediately after completion. Mr Maingi – KFS He mentioned that it was a good thing that the community had agreed to use the representative existing water company as the licences take long to get and this would have had a big effect to the water distribution. 105 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 He reiterated to the people that as much as they are getting water from the forest, they should have plans of reforestation as this would help sustain their water source. Mr Ngure – He expressed his appreciation to the people for having a common agreement for Resident of the growth of the location. Makomboki He was also grateful for the government. John Mwangi – He was grateful for the contingency budget that would cater for the 6km pipeline. Opinion leader Gatia-ini 3. Conclusion After the comments and opinions from the public session was over, Mr. Muriuki thanked the public for their input. He later handed over the meeting back to the area chief who asked a member of the public to pray and the meeting concluded at 1400hrs. 106 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 MINUTES OF MEETING WITH LEADERS AT MAKOMBOKI CHIEFS OFFICE, MAKOMBOKI LOCATION HELD ON 07-03-17 FROM 1030HRS TO 1130HRS Present Local Administration; 1. Gibson Kimani - Senior chief Makomboki Location 2. John M. Kariuki - Ass. Chief Kanderadu sub-location 3. Bethiel K. Gitonga - Ass. Chief Makomboki sub location Kenface company limited representatives; 1. Peter Muriuki 2. Marjoline Motaroki 3. Murigi Mwangi Athi Water representative; 1. Joseph Ndungu Agenda 1. Public participation of the proposed construction of the Kiruri, Ichichi and Makomboki water projects. 1. Introduction  The senior chief welcomed all representatives for the different groups represented into the meeting and he requested one member to open with a word of prayer.  He mentioned that his whole Location was well represented and that there were leaders from all the administrative areas within his locality as well as from the water and tea development companies.  The senior chief handed over the meeting Eng. Erastus Karanja Gakuya the chairman of the Makomboki tea factory to conduct the meeting through the next phase. 2. Comments and opinion from the representatives Name Comments Eng. Erastus Karanja He mentioned that they had sat down at a different meeting and agreed Gakuya - the chairman of that Gikakima water project should be given the work of managing the the Makomboki tea project water to the whole location immediately after completion. factory and board He mentioned that they had already spent over Ksh 16m in the same member zone II project. He said that since there was infrastructure for the project, it would be beneficial to use it so that the cost saved can be budget to reach even more people. 107 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 John Gitau – CEO He said that the existing water body “Gikakima” was registered in 2013 Makomboki tea factory and has been serving 2 electoral areas within the locality. He mentioned that they had the capability and should be given the project immediately after completion. 3. Comments from the design engineer Eng Muchugia mentioned that from the meeting held, the people of makomboki location disagreed with the design and wanted to be explained on how the design was reached. Engineer  He mentioned that there was an issue at the intake as there was leakage. Muchugia  He mentioned that through his calculations, he concluded that if the intake is rehabilitated the water would be more than enough for the people.  In the calculations, he mentioned he looked at existing schools, dispensaries and hospitals, trading centres as well as population reports in the area.  He mentioned that the budget was for IV. Intake rehabilitation V. Distribution and lastly VI. Construction of tanks.  Eng Muchugia explained that the main contention was a pipeline 6km long and that was noted in the last meeting and would be factored in the contingency budget. Having satisfactorily answered all the issues, the area chief gave a religious leader the opportunity to pray and therefore the meeting was concluded at 1130hrs. 108 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 NOTES ON KEY INFORMANT MEETINGS FOR THE PROPOSED WATER PROJECT AT ICHICHI, MAKOMBOKI AND KIRURI Present 1. J. G Nderitu- Kenya Forest Service (Ecosystem Conservator Muranga County) 2. Faith Mbathi– Water Resource Management Authority 3. Jacob Mukura– Physical Planner, Muranga County 4. J.M Mihiu-Director, Kenya Forest Service, Kigumo branch, Muranga County Kenface Company limited representatives 3. Peter Muriuki 4. Marjoline motaroki Agenda Public participation and consultation on the proposed construction of the Kiruri, Ichichi and Makomboki water projects. 1.0 Introduction The key informants’ participants were explained about the proposed project which was initiated as a result of the outcry of the host community that they don’t have water supply yet water supplying other areas originate from the area. He reiterated that the project was to benefit the community and not to be a cause of conflict amongst communities by Mr. Muriuki. 2.0 Comments and opinion from the Key informants Name Comments J. G Nderitu supported the project saying; Kenya Forest Service - Proponent should seek abstraction permit from the authority (Ecosystem Conservator before commencing the project. Muranga County) - The project will provide adequate water for domestic and if possible irrigation - Provide clean and safe water to community - Implementation of the project may result to income generation - Recommend establishment of tree nurseries to alleviate poverty and conserve the environment He however mentioned that the negative impacts that the project can cause include; - Destruction of vegetation along the wayleave - The area is hilly and the trenches dug may cause mudslides during rainy seasons He also noted that that KFS will give wayleave after application by proponent and consideration by the service. 109 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 J.M Mihiu Supported the project saying the proposed project will; Director, Kenya Forest - improve the existing supply which is not enough for the Service, Kigumo branch, community Muranga County - lead to poverty eradication in the community as they can use the water for irrigation - However he raised the concern that the project may cause mudslides during rainy seasons in hilly areas which will be dug Faith Mbathi Supported the project with the following sentiments; Water Resource - There will be adequate and potable water for the community Management Authority - There will be availability of quality water for domestic use She however said that, the proponent should adhere to government laws and Water Act, 2001 and comply with all water rules. The proponent should apply for water permit before commencing the project, The proponent should acquire an authorization to abstract water from the rivers. Jacob Mukura Supported the project with the following positive impacts; Physical Planner, Muranga - Easy access to drinking water County - Will save time which is normally spent fetching water - The project will improve people’s health 110 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 111 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 112 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 113 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX III: GRIEVANCE REGISTRATION FORM Resettlement Action Plan Public Grievance Registration Form RAP Reference No. Full Name Contact Information Address: ---------------------------------------------------------------- Please mark how you wish to be -------------------------------------------------------------------- contacted ------------------------------------------------------------ (mail, telephone, e-mail) Telephone:- ___________________________________ Email---------------------------------------------- Preferred Language for English Communication (Please mark how you wish to be contacted) Kiswahili National Identity Number Description of complain or Grievance: What would you like see happen to solve the problem? Official use Receipt date: Nature of grievance: Action to be taken Signature of aggrieved party: Date: 114 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX IV: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (Filer of Complaint): __________________________________ ID Number (PAPs ID number): __________________________________ Contact Information (mobile phone): ______________________________ Nature of Grievance or Complaint: ______________________________________________________________________________ ______________________________________________________________________________ Date Individuals Contacted Summary of Discussion _____________ _________________ __________________________ Signature_______________________ Date: ____________ Signed (Filer of Complaint): _____________________________________ Name of Person Filing Complaint (if different from Filer): ____________________ Review/Resolution Date of Conciliation Session: ______________________________________ Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ______________________________________________________________________________ ______________________________________________________________________________ Summary of Conciliation Session Discussion: ____________________________________________________________________ ______________________________________________________________________________ Issues_________________________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: ______________________________________________________________________________ Signed (Conciliator): ________________________ Signed (Filer): _____________ Signed: ___________________________ Independent Observer Date: _______________________ 115 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX V: EXCEL GRIEVANCE LOG 116 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 APPENDIX VI: SAMPLE QUESTIONNAIRE USED QUESTIONNAIRE RESETTLEMENT ACTION PLAN FOR ICHICHI, KIRURI AND MAKOMBOKI WATER SUPPLY PROJECT PROJECT AFFECTED HOUSEHOLD INTERVIEW Introduction AWSB has engaged the services of the Kenface Enconsults (Africa) Ltd to undertake a Resettlement Action Plan (RAP) for the proposed water supply project. The RAP is being conducted to determine compensation of Project Affected Persons (PAPs). We therefore request you to provide the following information to assist in decision making on this project. Please fill in the following information correctly: Questionnaire Number Name of Property ID No. Owner Sub- county Division Location Sub- location Date 117 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 1.0 Socio-economic House- Gender Age Number Disability Health Marital Education hold of status Status head Dependan ts Child Male How old Disabled Sick Married What is the highest is...[Name Normal Level of education Adult Female ] in Years Aged Widowed of respondent? Divorced 1. Primary Separated 2. Secondary Single 3. Post-Secondary 4. Never attended What is the main source of water? What is the distance to the main water source? 1. River 1. < 1 km 2. Springs 2. 1.1 – 3 km 3. Shallow well 3. 3.1 – 5 km 4. Borehole 4. Over 5 km 5. Piped water 6. Other 2.0 Employment/ Source of Income What the person does for a living Other Sources of Incomes for the past one year 1. Farming 1. Farming 2. Livestock Rearing 2. Business 3. Business 3. Employment 4. Formal employment 4. Remittance 5. Casual employment 5. Others (Specify) 3.0 Assets Land Size of Land Ownership Proof of ownership Land Use Estimated value per Affected (m) acre To be filled by 1. Leasehold 1. Title deed 1. Arable To be filled by the the survey 2. Freehold 2. Livestock valuer 3. Trust land 3. Sanctuary 118 Abbreviated Resettlement Action Plan for Makomboki, Kiruri & Ichichi Water Supply May Project, Murang’a County 2018 4. Squatter 2. Allotment 4. Other Uses 5. Other(specify) (specify) letter 3. No proof 4. Other (specify) Buildings Year of construction Materials Condition of the Estimated (Name) Building cost 1. Grass thatched 1. Good 2. Permanent 2. Fair 3. Semi-Permanent 3. Poor Other Affected Description (length or depth) Construction material Estimated Cost Structures 1. Fence 2. Well/Boreholes 3. Others (Specify) Type of Crop Area Affected Maturity stage Estimated Value 4.0 Public utilities Is the Person Close to the following Social Distance Description Structures 1. Primary School 2. Secondary School 3. H/Centre 4. Road 5. Water Point 6. Historical Sites 7. Others (Specify) 5.0 Trees Type Name Number size Estimated cost Indigenous Exotic Fruit bearing tree Timber trees Perennial crops Other(specify) 119