Reviewing and Updating of the Resettlement Action Plan (RAP) for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Final Report JANUARY 2020 Kenya National Highways Authority (KeNHA); Barabara Plaza, Jomo Kenyatta International Airport (JKIA) Nairobi, Mazao Road, (Opposite KCAA Headquarters) P.O. Box 49712 – 00100, Nairobi Kenya, Tel: +254-20-8013842. CONTENTS PAGE LIST OF ACRONYMS VII GLOSSARY VIII EXECUTIVE SUMMARY A 1 INTRODUCTION 1 1.1 Background 1 1.2 RAP review Methodology 1 1.3 Project Area Socio-Economic Activities 2 1.4 Scope of RAP 2 1.5 Objectives of RAP and RAP review 2 1.6 The Consultant Team 3 2 PROJECT DESCRIPTION 4 2.1 Condition of Current Road 4 2.2 Proposed Road Design 4 2.3 RAP related Project Activities 6 2.3.1 Pre-Construction Phase 6 2.3.2 Construction and Operational Phase 6 2.4 Anticipated Project Impacts on the PAPS and Institutions 6 2.4.1 Project Impacts on Land 8 2.5 RAP Study Field Investigations 8 2.5.1 Road Route Survey 8 2.5.2 Sources of Data and Data Collection Tools 9 2.5.3 Consultation Meetings 9 2.6 Cut-off dates 9 2.7 Limitations of Study and Mitigations 9 3 MINIMIZING RESETTLEMENT 11 3.1 Justification for Resettlement Action Plan 11 3.1.1 Mitigation of Adverse Impacts at the Community Level 11 3.1.2 Mitigation for Negative Impacts 11 3.2 Impact Mitigation Measures at Design Stage 13 3.3 Impact Mitigation Measures at Land Acquisition Stage 13 3.4 Evaluation of Alternatives 13 3.5 RAP Update 14 4 PROJECT AREA SOCIO-ECONOMIC INFORMATION 15 4.1 The Socio-Economic Profile of Project Area 15 4.2 Population and Demography of Isiolo, Garissa and Wajir Counties 15 4.3 Socio-Economic Survey Results 16 4.3.1 Age distribution of PAHs along Modogashe to Samatar section 17 4.3.2 Age distribution of PAHs along Samatar to Wajir Section 17 4.3.3 Marital Status of PAPs along Modogashe to Samatar section 17 4.3.4 Marital Status of PAPs along Samatar to Wajir Section 18 4.3.5 Gender of PAPs along Modogashe to Samatar Section 18 4.3.6 Gender of PAPs along Samatar to Wajir Section 19 4.3.7 Household heads employment Modogashe to Samatar section 19 4.3.8 Employment Status of household heads along Samatar to Wajir Section 19 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - i- 4.3.9 Households Level of Education along Modogashe to Samatar section 20 4.3.10 Education status of Household heads along Samatar to Wajir section 20 4.3.11 Household sizes of Households along Modogashe to Samatar section 21 4.3.12 Family sizes of the PAPs along Samatar to Wajir section 21 4.3.13 Land size owned by PAPs along Modogashe to Samatar section 22 4.3.14 Land size owned by PAPs along Samatar to Wajir Section 22 4.3.15 Land Ownership along Modogashe to Wajir Road 23 4.3.16 Land Ownership along Samatar to Wajir Section 23 4.3.17 How residents feel about the Modogashe to Samatar section 23 4.3.18 Perception of PAPs about the Samatar to Wajir Section 24 4.3.19 Expense on Transport 24 4.4 Transport and Travel 25 4.5 Socio-Cultural and Economic Environment 25 4.5.1 Human settlements 25 4.5.2 Population Distribution along Modogashe-Samatar-Wajir Road Corridor 25 4.5.3 Land tenure 25 4.5.4 Land use 26 4.5.5 Livelihoods 26 4.5.6 Public Health 27 4.5.7 Poverty Levels 27 4.5.8 Physical Infrastructure 27 4.6 Trade and Tourism 27 4.6.1 Trade 27 4.6.2 Tourism 27 5 LEGAL FRAMEWORK 28 5.1 Introduction 28 5.2 The Constitution of Kenya 2010 28 5.2.1 The power of eminent domain 28 5.3 Land Act, 2012 29 5.4 National Land Commission Act (2012) 31 5.5 The Valuers Act 31 5.6 Forests Act, 2005 31 5.7 Kenya Roads Act Of 2007 32 5.8 Land Registration Act, 2012 32 5.9 Community Land Act, 2016 34 5.10 Land Control Act Cap 302 34 5.11 World Bank Safeguard Policies Relating to Relocation and Resettlement 35 5.11.1 Involuntary Resettlement: OP 4.12 35 5.11.2 Indigenous People: O.P. 4.10 35 5.12 Land Tenure and Related Legal Issues 36 5.12.1 Public Land 37 5.12.2 Community Land 37 5.12.3 Private Land 37 5.13 Valuation and Related Legal Issues 38 6 PARTICIPATION AND CONSULTATION 2 6.1 PAP and Community Consultation 2 6.2 Public Consultation Meetings 3 6.3 Objectives of Public Information and Consultation 3 6.4 Interviewing and Questionnaire Administration 5 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - ii- 6.5 Key Issues Raised by the Community, PAPS and Stakeholders 6 6.6 Meetings during Implementation 9 6.7 Information Dissemination 9 6.8 Public information booklet (PIB) and the use of FM Radio 9 7 VALUATION AND ENTITLEMENTS AS COMPENSATION FOR LOSSES 11 7.1 Inventory of Assets and PAPs 11 7.2 Property Losses 12 7.3 Compensation Policy for Loss Structures 12 7.3.1 Valuation for Compensation of Structures 12 7.3.2 Valuation for Compensation of Trees 12 7.3.3 Compensation for disturbance and other losses 13 7.4 Valuation Methodology 13 7.5 Valuers Act (Cap 532) 14 7.6 Steps followed During Valuation 14 7.7 Compensation Procedure 15 8 LIVELIHOOD RESTORATION 26 8.1 Introduction 26 8.2 Livelihood Restoration 26 8.2.1 Income Restoration and Improvement Component 26 8.2.2 Employment at Construction 26 8.2.3 Re-establishing Common Property Resources (CPR) 26 8.2.4 Financial and Basic Entrepreneurial Skills Training 27 8.2.5 Referral for Credit Facilities and Cooperative Groups 27 8.2.6 Linkage of the PAPs to government-sponsored Social Development Initiatives through the area Social Development Officers. 27 8.2.7 Linkage of PAPs undertaking to livestock activities to extension offices in the county where necessary. 27 8.2.8 Local purchasing programs tailor-made to benefit PAPs or groups of PAPs who can supply goods and services. 27 8.2.9 Social Infrastructure Benefits to the Local Vulnerable and Marginalised Groups 27 8.2.10 Vulnerable Groups 28 9 GRIEVANCES REDRESS MECHANISM 30 9.1 Subject Matter of Grievances 30 9.1.1 Potential Sources of Grievances 30 9.2 Procedure for Grievances Settlement 30 9.2.1 Locational Level Resettlement PAPs Committee (LRPC) 30 9.2.2 County/Sub County Committee Level (C/SCC) 31 9.2.3 National Level Steering Committee (NSC) 32 9.2.4 Court of Law 32 9.2.5 Method of Lodging Complaints 32 9.2.6 Proposed Procedure 32 9.2.7 Awareness Raising on the GRM 33 9.2.8 Sensitization on Grievance Redress Mechanism during RAP review 34 9.2.9 Dispute Resolution through the NLC 35 10 INSTITUTIONAL ARRANGEMENTS 36 10.1 Organization Structure of RAP Implementation Team 36 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - iii- 11 MONITORING AND EVALUATION 40 11.1 Internal Monitoring 40 11.1.1 Responsibility 40 11.2 Performance Monitoring 40 11.3 Impact Monitoring 40 11.4 Monitoring and Evaluation Indicators 40 11.5 Frequency of Monitoring 41 11.6 External Monitoring 41 11.7 Database Management and Storage 41 11.8 Reporting 42 11.9 Evaluation Method of Monitoring Results 42 12 IMPLEMENTATION SCHEDULE 45 13 COSTS AND BUDGETS 47 13.1 Total RAP Budget 47 13.2 Flow of Funds 48 13.3 Compensation Rates for Structures 48 13.4 Project Approach 48 13.5 Findings 48 14 BIBLIOGRAPHY 50 15 COLOPHON 51 List of Tables Table 1: Anticipated Project Impacts 7 Table 2: Community Identified Negative Impacts 11 Table 3: Assessments and Impact Significance Ranking 12 Table 4: Population distribution and density by sub county-Isiolo County 15 Table 5: Population distribution and density in Wajir County 16 Table 6: Distribution of the respondents across the project area 16 Table 7: Comparative of Kenyan Law and World Bank OP 4.12 Requirements on Compensation0 Table 8: Community Consultation Meetings in RAP preparation 3 Table 9: PAP Consultation Meetings in RAP review 3 Table 10: Issues raised and responses during PAP consultation meetings. 6 Table 11: Number of Project Affected Persons along the Modogashe - Wajir Route 11 Table 12: RAP Valuation Process for Assets 15 Table 13: Entitlement Matrix 17 Table 14: RAP Implementation Team 37 Table 15: Frequency of Monitoring 41 Table 16: Monitoring and Social Management Plans 43 Table 17: RAP Implementation Schedule 46 Table 18: Summary of various types of affected assets and related costs 47 Table 19: Summary of the Cost of Resettlement for Modogashe to Wajir Road Project 47 List of Plates Plate 1: Animals crossing the road at the area between Skanska and Habaswein. 4 Plate 2: Existing drift at River Laghbogol 4 Plate 3: RAP Consultant explaining NLC compensation process during a PAP meeting at Laghbogol 5 Plate 4: Community Meeting at Habaswein with a PAP raising a Question 5 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - iv- Plate 5: A woman participant raising her project related questions during a FGD at Samatar. 5 Plate 6: A section of women PAPs following the proceeds of the PAPs meeting 5 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - v- List of Figures Figure 1: Age distribution of HHs along Modogashe to Samatar section 17 Figure 2: Age distribution of HHs along Samatar to Wajir Section 17 Figure 3: Marital statuses of HHs along Modogashe to Samatar Section 18 Figure 4: Marital Status of HHs along Samatar to Wajir Section 18 Figure 5: Gender distribution of HHs along Modogashe to Samatar Section 18 Figure 6: Gender distribution of HHs along Samatar to Wajir Section 19 Figure 7: Employment Status of HHs along Modogashe to Samatar Section 19 Figure 8: Employment Status of HHs along Samatar to Wajir Section 20 Figure 9: Education Level of HHs along Modogashe - Samatar Section 20 Figure 10: Education Level of HHs along Samatar to Wajir Section 21 Figure 11: Household Size along Modogashe to Samatar Section 21 Figure 12: Household Size along Samatar- Wajir Section 22 Figure 13: Land size owned by PAPs along Modogashe to Samatar section 22 Figure 14: Land size owned by PAPs along Samatar to Wajir section 23 Figure 15: Land ownership along Modogashe to Samatar Section 23 Figure 16: Land ownership along Samatar to Section 23 Figure 17: Perceptions of PAHs along Modogashe to Samatar road section 24 Figure 18: Perceptions of PAHs along Samatar to Wajir road section 24 Annexes Annex 1: Asset Registers Annex 2: Completed Key Stakeholder Questionnaires During RAP Review Study Annex 3: Key Stakeholders Contacted During The RAP Review Study Annex 4: Analysis of Stakeholders Feedback Received During RAP Review Study Annex 5: Analysis of Stakeholders Feedback Received During Initial RAP Annex 6: Minutes of Consultation Meetings Done During RAP Review Study Annex 7: Attendance Registers for Consultation Meetings During RAP Review Study Annex 8: Minutes of Consultation Meetings Done During Initial RAP Annex 9: Attendance Registers During Initial RAP Consultation Meetings Annex 10: Household Data Collection Questionnaire Annex 11: Social Amenities Proposed by The PAP Community Annex 12: Monitoring Indicators Annex 13: Draft Grievance Form Annex 14: Unauthenticated Land Claim Documents Annex 15: Photographic Plates Annex 16: Map of Wajir Town where survey of allotted plots is ongoing KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - vi- LIST OF ACRONYMS ASAL Arid & Semi-Arid Lands ACK Anglican Church of Kenya CDF Constituency Development Fund CIDP County Integrated Development Plan CSR Corporate Social Responsibility EMCA Environment Management and Coordination Act, 1999 ESMP Environmental and Social Management Plan EP Entitled Person ESIA Environmental and Social Impact Assessment GoK Government of Kenya GPS Global Positioning System Ha Hectare IMA Independent Monitoring Agency IMU Independent Monitoring Unit IEC Information Education and Communication ISK Institution of Kenya Surveyors KeNHA Kenya National Highways Authority KFS Kenya Forest Service KPLC Kenya Power & Lighting Company KURA Kenya Urban Roads Authority KWS Kenya Wildlife Service Km Kilometres Km2 Square Kilometres KRU KeNHA Resettlement Unit KShs Kenya Shillings m Metres M Million Mm millimetres MoLHUD Ministry of Lands, Housing and Urban Development NEMA National Environment Management Authority OVC Orphans and Vulnerable Children PAHs Project Affected Households PAPs Project Affected Persons RAP Resettlement Action Plan PIU Project Implementation Unit PPE Personal Protective Equipment R&R Resettlement & Rehabilitation RIC RAP Implementation Committee RoW Right of Way SDA Seventh Day Adventist TOR Terms of Reference UTM Universal Transverse Mercator VIP Vertical Information Point KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - vii- GLOSSARY Census means a field survey carried out to identify and determine the number of NETIP Road subproject Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the local government institutions. Compensation – Is the payment in kind, cash or other assets given in exchange for the loss suffered from the acquisition of land on which fixed assets are situated as well as other impacts resulting from the road construction activities. Corridor of impact: is 15 metres wide for this project and it includes the immediate safety zone and any areas that impact directly on people’s livelihoods. Whatever has to be removed or demolished, whether permanently or temporarily, is by definition inside a corridor of impact. Cut-off Date - The World Bank accepts the date of the baseline survey as the cutoff date for eligibility: those in the area before the census begins are eligible for compensation and assistance, as relevant and those who arrive after the cut off date are not. Displaced Persons – Refers to persons who, for reasons due to loss of their assets under the road construction project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people may have them: standard of living adversely affected, whether or not the Displaced Person will move to another location; lose right, interest in any houses or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Disturbance allowance: this is a support to the affected persons and affected households during their move. It is provided for under the Kenyan government legislation and has been considered under this RAP at 15 percent. This caters for the following:  Transport assistance: a truck to transport their belongings to new sites.  Moving allowance: to allow them to make small purchases to smooth the move process to their new houses. This is separate from any compensation payments for income lost until they restore their business or livelihood. Economic Displacement loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, forest) resulting from construction or operations of a project or its associated facilities. Income streams is the earning/profits received regularly by a PAP from a business/venture/undertaking. Entitlement Refers to the range of measures comprising cash and/or in-kind compensation, rehabilitation assistance, transfer assistance, and relocation which are owing to livelihood restoration and/ or PAPs, depending on the type, degree and nature of their losses, to restore their social and economic situation. Encroachers are those people who extend their infrastructure or other land-based activities into land that does not belong to them. Encroachers may have personal investment in structures or agricultural crops. They are entitled to compensation at replacement cost (or an equivalent amount of rehabilitation assistance) for these lost assets. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - viii- Involuntary Resettlement refers both to physical displacement and to economic displacement as a result of project-related land acquisition. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that results in a displacement. This occurs in cases of (i) lawful expropriation or restriction on land use based on the eminent domain; and (ii) negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if the negotiations with the seller fail. In the event of adverse economic, social or environmental impacts from project activities other than land acquisition (such as loss of access to assets or resources or restrictions on land use,) such impact will be avoided, minimized, mitigated or compensated for through the social and environmental assessment process of the bank on Social and environmental assessment and Management. Land refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the NETIP sub-project activities. Land acquisition means the process by which a project acquires land from affected individuals or households in exchange for compensation at replacement value. Livelihood restoration means the restoration of ‘a livelihood’ which can provide for the wellbeing of the family. This can include elements from the original livelihood and/or livelihood strategies. The provision of development assistance in addition to compensation such as credit facilities, training, job opportunities, economic opportunities, veterinary care and extension advice, support to animal producer groups with micro-credit through third-party providers, abattoirs for storage and marketing of animals to enable them to get better prices for their animals. Project-affected Household (PAH) – The family or collection of project affected persons that will experience effects from land acquisition regardless of whether they are physically displaced or relocated or not. Project affected Person - Any person experiencing loss of assets or loss of access to income, whether of a temporary or a permanent nature due to land acquisition process, regardless of whether they are physically displaced or relocated or not. Physical displacement – where there is loss of shelter and assets resulting from project-related acquisition of land and/or restrictions on land use that requires the affected persons to move to another location. Replacement cost for houses and other structures – This means the market cost to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Resettlement - This refers to the process by which those adversely affected by the road project are assisted in their efforts to improve, or at least to restore, their incomes and living standards. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - ix- Resettlement Action Plan - This refers to a time-bound plan or document with a budget, setting out resettlement strategy, objectives, eligibility criteria, entitlements, actions, responsibilities, monitoring and evaluation prepared to mitigate adverse effects and provide development benefits to persons and communities affected by the road project. Resettlement Assistance – Support provided to people who are physically displaced by a project The measures may include allowances, residential housing or rentals, whichever is feasible and as required, for ease of resettlement. Replacement cost: The replacement of assets with an amount sufficient to cover the full replacement cost of lost assets and related transaction costs. In terms of land, this may be categorized as follows:  Replacement cost for agricultural land: The pre-project or pre-displacement, whichever is higher, value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: preparing the land to levels similar to those of the affected land; any registration, transfer taxes and other associated fees.  Replacement costs for land in urban areas: the market value of the land of equal size and use, with similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;  Replacement cost for houses and other structures: The prevailing cost of replacing affected structures of the quality similar to or better than that of the affected structures in an area. Such costs shall include; building materials; transporting building materials to the construction site; any labour and contractors ‘fees; and any registration costs. Squatters – This refers to members of the community who have illegally occupied public land. These persons will receive compensation for structures or other fixed improvement of the land and provision of resettlement assistance for residential relocation and livelihood restoration if applicable need to resettle the displaced squatters. Vulnerable and Marginalized Groups –This are communities as defined under Article 260 of the Constitution of Kenya (2012) and refered to as marginalised community. Defined also under the World Bank Operational Standards OP 4.10 on Indigenous Peoples.(a) a community that, because of its relatively small population or for any othe reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whoe; (b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; (c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and communities, whether they are- (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole. Vulnerable PAPs means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement i.e.; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households; (iv) landless elderly households with no means of support; (v) households without security of tenure; (vi) child- headed household, (vii) households with people living with terminal illnesses or disability. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - x- EXECUTIVE SUMMARY Introduction 1. Kenya National Highways Authority (KeNHA) is implementing the proposed upgrade of Modogashe-Samatar-Wajir Road (A1). The proposed upgrade of the Road (A13) is being funded by Government of the Republic of Kenya (GOK) with support from the International Development Association (IDA)/World Bank. 2. The proposed upgrade of Modogashe-Samatar-Wajir Road (A13) covers a total distance of 157 km and is part of the North Eastern Transport Improvement Project (NETIP), Isiolo-Modogashe- Wajir-Mandera Road (A13). The road is located within Isiolo, Garissa and Wajir Counties starting from Modogashe and running in a north-westerly direction and ends at Wajir Town. The road traverses urban towns of Modogashe, Habaswein, and Wajir and rural settlements areas and rural shopping centres of Skanska, Lagdima, Kanchara, Guticha, Samatar, Laghbogol, Borjiare and Leheley. 3. The road is a very important infrastructure for the area residents and the north-eastern region as a whole. Its improvement will help the population in the region to get better access to markets and ensure that most commodities reach their market destinations fresh and with ease. Several sections of the road have frequently been rendered impassable as a result of heavy rains that cause flash flooding along the road and completely submerge wide sand valleys (popularly known as lagga) river crossing drifts making them unsafe for both motorized and non-motorised traffic and animals to cross. The project will open the North Eastern Region to the rest of Kenya and the East African region as it is the main road connecting Isiolo, Garissa and Wajir towns. Project Objectives 4. The Government of the Republic of Kenya (GoK) has in recent years been implementing a comprehensive upgrade of major national roads, with the overall objective of improving transportation, enhancing road safety, reducing road user costs including travel time and promoting trade and socio-economic development. It is in this respect that the Government of Kenya has identified that the road from Modogashe to Wajir is an extremely important link road that connects the North Eastern counties of Isiolo, Garissa, and Wajir and connects Kenya and Somalia through Mandera. The proposed upgrade will create environmental and social impacts as well as involuntary displacement and resettlement of persons living or generating livelihoods/ incomes along the Modogashe-Samatar-Wajir Road (A13). KeNHA through the National Land Commission (NLC) will compensate for the affected standing assets that were on the road corridor by the established cut-off dates. 5. The upgrade of the road will be restricted to the road reserve for the entire stretch and related infrastructural facilities will be constructed on the existing Right of Way (RoW). It was noted during the census that there is encroachment of the RoW at various sections especially in urban areas and towns, with the affected persons having made developments, especially at the main town centres. The entitlement matrix has captured the compensation/facilitation allowance encroachers within the RoW. 6. Though the land is community land and communally owned, it was noted during the census that there are some Project Affected Persons (PAPs) who claim ownership of affected land on, or KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - a- along the RoW; these persons have in their possession ownership documents like allotment letters like in Wajir which were used to support their claims. These claims have been registered and documented through the grievance redress mechanism and according to Government of Kenya processes. The claims will be investigated and verified through the National Land Commission (NLC) processes. Once these land disputes/complaints have been resolved, the affected persons will be provided with compensation as provided for in the entitlement matrix. 7. The consultations held with Wajir County Government during the RAP review process indicated that some of these claims are false as the County Government has not allotted land/ plots to individuals along the rural stretch of the road. Allotment of plots within Habaswein town centre was ongoing during the RAP review process while it was completed in Wajir town. During the RAP review consultation process, the Wajir County Government provided the map showing allocated plots within Wajir Town (refer to Annex 16). Habaswein and Wajir Towns where the plot allotment along the roadsides is ongoing or completed, the upgrading of the road activities will take place within the existing road realignment which was considered sufficient to accommodate the designed road infrastructure in these areas. This will avoid affecting plot owners who have developed their plots and who during the PAP meetings held in these towns openly opposed any intended demolition of their permanent buildings. They were clear that their support of the project is subject to the fact that their buildings will not be demolished even if KeNHA through NLC were to compensate them at full replacement cost. Objectives of the RAP Review Study 8. The objectives of the assignment are;  To review the existing draft RAP Report and the process through which it was prepared in terms of its completeness, consistency and compliance with the World Bank Involuntary Resettlement Policy OP 4.12.  To undertake the necessary activities to complete, rectify and/or address any gaps in the existing RAP Report and the process through which it was prepared, including additional survey, consultation and coordination with the project design and other teams.  To revise and/or update the current RAP report in the form and substance that is consistent and compliant with World Bank OP 4.12.  To recommend cost effective measures to be implemented to safeguard the livelihoods (including for safeguarding children and/or vulnerable adults to address social issues).  To prepare a Resettlement Action Plan (RAP) report compliant to the World Bank polices and Government of Kenya (GoK) regulations. This RAP Report covers the elements above and any other relevant aspects in line with the World Bank's social safeguard policy on involuntary resettlement. RAP Methodology and Approach 9. The RAP components essentially comprised of:  Socio-economic baseline survey of the affected asset holders;  A census-baseline survey to establish the number and identity of affected asset holders, or communities to be affected by reconstruction or maintenance works, as well as an inventory of major assets (land, building plots, trees, houses, kiosks) to be affected by project implementation; KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - b-  Households survey/inventory of all affected assets and methods to determine the impacts upon incomes and living standards;  Holding consultative forums with the affected asset holders for participatory determination of the resettlement options appropriate for each PAP;  The eligibility criteria for specific entitlements and other forms of assistance;  Valuation of the affected assets  Preparation of the Draft RAP;  Review and update of the Draft RAP;  Preparation of the Reviewed and Updated RAP. Data Sources 10. This RAP was developed through a comprehensive socio economic, baseline survey process; census of the affected asset holders and vulnerable groups, consultative meetings with affected asset holders and in-depth discussions with other stakeholders and has been undertaken within the given study period. Specific techniques used for the data collection included: i. Secondary data was collected through a detailed literature review, which included desktop review of relevant documents including: Social Assessment Report, project design reports, World Bank Safeguards Policy on Involuntary Resettlement and Indigenous People, Acts of Parliament and related Regulations; affected Counties Integrated Development Plans; Environmental Impact Assessment Report; Project area topographical and; previous project study documents. ii. Primary data from the field was collected through both qualitative and quantitative techniques; (i) qualitative data was collected through field visits, visual observations, site walks, Key Informant Interviews (KII's) with the National and County Government officials and community leaders as well as public consultation meetings and (ii) quantitative data was collected through a socio-economic survey and census of all the affected asset holders through interviewing using questionnaires with open-ended questions. This included the development of comprehensive questionnaires for data collection, which comprised the following information: asset holder bio‐data, affected livelihood activities and infrastructure inventories including structures and trees and social services infrastructure, with a major focus on improving indicators of road construction and maintenance at sub-project site. Using the road design maps and the GPS, affected assets were identified, measurements and photographs taken. Free Prior and Informed Consultation with affected vulnerable and marginalised affected persons, neighbouring communities and stakeholders was done and documented. Minimizing Resettlement and Associated Cost 11. The resettlement displacements and disturbance impacts was minimized through consultations and participation with the PAPs, proposing redesigning the project (facility relocation/rerouting) at critical social installations, and putting appropriate impact mitigation measures in the design and construction stages. As a principle, the project works will be restricted within the existing KeNHA road reserve as much as practicable. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - c- Project Resettlement Impacts 12. In the project areas, several formal and informal livelihood activities are found along the road reserves, including kiosks/sheds/stalls and dash/fittos all housing informal enterprises. There are also formal commercial and residential buildings in several areas along the route, which are very close or built within road reserve areas and some of which will be wholly affected if the entire 60 metre corridor is to be maintained. The project will, therefore, lead to economic and physical displacement of PAPs who are categorized as encroachers on the KeNHAs RoW. A total of 844 asset owners will be affected by the project through loss of structures, trees, businesses and community facilities. Policy, Legal and Institutional Framework 13. The study was conducted in accordance with all the relevant legislations in Kenya pertaining to road construction and traffic regulations, land ownership and acquisition, relocation and resettlement among others. The Project was assessed, and considerations were made on how the legislations and policies are triggered. These include The Constitution of Kenya (2010); the Land Act, (2012); the Land Registration Act, (2012); the Public Roads and Roads of Access Act; Valuers Act and Environment and Land Court Act. 14. The key regulation guiding land acquisition and compensation for land and property is the Land Act (2012). Section 9 (1) stipulates that any land may be converted from one category to another in accordance with the provisions of this Act or any other written law and private land may be converted to public land by compulsory acquisition. Compulsory Land Acquisition and compensation is elaborated in the Land Act (2012), Part Viii—Compulsory Acquisition of Interests in Land under Sections 107 to Section 127. Section 110 (1) 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 fulfilment of the stated public purpose. In Section 111. (1) 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. (2) The Commission shall make rules to regulate the assessment of just compensation. 15. The Kenyan land laws and the Constitution of Kenya (CoK) 2010, requires just compensation paid to those affected but it is not clear on specifics of what constitutes just compensation. World Bank OP.4.12 requires full replacement costs. This RAP requires that full replacement cost be paid as compensation for structures and trees to be affected by the project for all the PAPs as per the World Bank OP.4.12. The Bank's Operational Policy 4.12: Involuntary Resettlement is triggered by the project since the Project will affect structures, communal assets, cultural assets and trees. Cut-Off Date 16. The RAP Review and Update maintained the cut-off date established in the initial RAP. The cut- off date for the Modogashe- Samatar Road section was 21st February 2018 while the cut-off date for the Samatar-Wajir Road section was 18th August 2018. These are the dates the census of PAPs began. The community was sensitized on the cut-off date and its implications directly by the project teams, also through the chiefs, and assistant chiefs and during the local open-air barazas/ public meeting in line with the World Banks Operational Policy on Involuntary KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - d- Resettlement (OP 4.12). During the RAP Review, it was confirmed that the PAPs were aware of these cut-off dates and that any further developments on the road corridor will not be compensated. Field Census and RAP Verification Exercise 17. The field census of the persons to be affected by the Modogashe- Wajir Road using road design data was carried out starting on 21st February 2018 and 18th August 2018. The RAP review activities were carried out between 20th February 2019 and 23 March 2019. At Modogashe it was not possible to carry out the validation exercise within the market centre (a section about 750Metres) due to an existing historical boundary conflict between the Somali and the Borana community members which the KeNHA has escalated to the local leaders, county governments and will require intervention by the National Land Commission for resolution at implementation. Because of this reason within Modogashe town CBD from km 0 to km 0+750 of the road design was left out and the study started from km 0+750 all the way to Wajir. This has been highlighted as an area for further engagement at implementation phase. 18. During the verification process of affected assets at Borjiare (bojiyare), Leheley and Wajir Towns, the PAPs denied the RAP review Consultant entry to their properties. The PAPs led by local leaders stated that the condition for reverification of standing assets was to acknowledge and assign to them the land where their affected structures, trees and fences belongs to individual PAPs occupying it but who according to the road design provided had clearly encroached on the road reserve and many of whom had no proof of ownership while a few had allotment papers purportedly from the county government of Wajir. However, extensive PAPs and stakeholders’ consultations was done and the PAPs were properly informed about the objectives of the RAP review exercise and how the project would affect them. It was only when team went to physically access and verify the type, quality and later determine the valuation of the standing assets on the ROW that the PAPs incited each other and refused their standing assets to be verified by denying access. In consideration that the available census and valuation data from the initial RAP reports in these sections was sufficient for resettlement planning, the RAP review team validated and adopted the data to complete the RAP review. This highlighted the need for continued sensitization on ownership of land on the road reserve as well as proper marking of the road reserve even in sparsely settled areas in the future. Existing Activities along the Proposed Road Corridor 19. The existing human and commercial activities along the proposed Modogashe-Samatar-Wajir Road corridor include the following:  commercial and residential buildings along the road section within Modogashe, Habaswein and Wajir Towns where commercial activities are taking place;  rural settlements areas and market centres of Skanska, Lagdima, Kanchara, Guticha and Samatar, Laghbogol, Borjiare and Leheley. These centres are found within the three counties of Isiolo, Garissa and Wajir along the 157 km road traverse;  pasture/community land on the rest of areas that are unoccupied away from the towns and centres. Affected Structures and Trees 20. The road project will affect the following: KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - e-  permanent structures - commercial, residential and administration buildings - water kiosks on the way leave  semi-permanent structures - commercial and residential structures  manyattas/temporary structures - residential manyattas and makeshift kiosks.  trees The area has shrubs that do not fall within the category for valuation and trees with commercial value. The trees within the RoW are composed of a variety of acacia species, Kooboo Berry, Prosopis Juliflora (Mathenge), and Neem Trees. The trees have been valued using guidelines from Kenya Forest Service. Prosopis Juliflora is classified in Kenya as a noxious weed and therefore will not be replaced or spread. There will be replanting of trees as a restorative compensation of the damaged trees. Community Consultation 21. Consultations were held with project affected persons, key stakeholders, local administration and civil society organisations dealing with livelihood of local communities. PAPs and stakeholders were invited to attend the Community Consultation Meetings and PAP Meetings through public announcements places in public places, through the Offices of the Chiefs, Assistant Chiefs and through village elders. 22. As provides by O.P. 4.10, Free Prior and Informed consultations were held with community members. Ten (10) community meetings and eight (8) affected person’s consultation meetings were held at the various points along the existing Modogashe-Samatar-Wajir Road during the initial RAP and during the RAP review and update.. Free Prior and Informed Consultations community meetings were held with a view to achieve the following:  to brief project affected persons and interested parties on the various aspects of the proposed project positive and negative impacts and activity schedules.  elaborate on the proposed mitigation measures to address negative impacts, compensation procedure and timelines, resettlement of PAPs and livelihood restoration measures and assistance.  validation of the cut-off dates. 23. The issues raised during all the meetings were noted to be cross-cutting. They include the following:  how land ownership issues will be addressed and resolved since some PAPs claimed the land on or along the ROW did not have any documents to support their claim. None of the PAPs entertained the Consultants attempted sensitization and enlightenment that most PAPs had developed houses and planted trees on the road reserve and were not entitled to compensation for the land they claim as the 60m wayleave is designated as public land necessary for the road and other linked infrastructure.  concerns over the mode of compensation, PAPs wanted to understand how calculations of their loss of properties will be done so as to ensure that they do not lose their livelihoods and be compensated with something which is not equivalent to what they lose. The project KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - f- affected persons referred to the Nuno-Modogashe road which they believe was poorly and unevenly compensated for similar assets.  concerns over loss of business and livelihoods, tenants wanted to know what will happen to them and how they will be assisted once the owners of the structures have been compensated and ready to relocate their investment elsewhere.  risk of road accidents due to increase of traffic and high speeding vehicles would crash their livestock and possibly human vehicle collision especially children if adequate measures are not provided.  relocation of graves at Modogashe was not recommended, according to the community. This was mitigated by proposing rerouting the road design route to avoid the graveyard or maintaining the road within the available 20 metre corridor that currently exists.  At Habaswein the PAPs were concerned that Mosques could be demolished and also that the buildings to be demolished were very many and the town could be entirely destroyed. The design was reviewed to reduce resettlement impacts. The land take was reduced from 60m to 30 m thus preserving all the mosques and most buildings that would have been affected.  At Modogashe the issue of acquiring water kiosks along the RoW could not be avoided since the kiosks were way on the road reserve. The compensation will be in kind, the community be provided with more water kiosks and boreholes.  During the RAP review process, it was confirmed that a 10.5m wide RoW which just fits the road cross section will be required within Wajir Town. This will greatly reduce resettlement impacts within the busy Town. Consultations held with the Wajir Town Administrator confirmed that the County Government has already constructed a modern market and the traders were going to be directed to occupy it as they are used to trading along the roads in Wajir town to minimise the resettlement impacts on the traders and enhance their safety. Project Anticipated Impacts 24. Project anticipated impacts arising from the road include disruption of livelihoods, disruption of accommodation caused by removal of both residential and commercial structures on the road reserve and disturbance during relocation and resettlement. 25. The road passes through town centres and market centres where there are considerable amount of commercial developments some which will be affected. There are impacts which will be socio-economic in nature due to potential disruption of income and human settlements. These are expected to take place during the construction phase and therefore need mitigation interventions to avoid loss of assets and livelihoods of the 844 asset owners who will be affected by the road project. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - g- Section Name Chaninage Available Corridor of No. of Additional RoW Remarks RoW (in Impact Project required Metres) Affected Persons Modogashe 191+500 30 15 32 0 Design on 30M in Urban settlements Skanska 215+200 60 15 42 0 Habaswein 240+100 27.5 15 58 0 241+200 Lagdima 263+500 55 15 0 Kanchara 273+100 60 15 89 0 Samatar/ Guticha 40 15 20 0 Laghbogol Town Centre 290+100 35 15 155 0 Busibusi Location 292+000 50 15 62 0 Borjiyare Location 310+000 50 15 48 0 Leheley Town Centre 331+100 30 15 154 0 Alimahu, Furahia & 344+000 42 15 31 0 South C Bypass (Baruwako,Jogoo 345+000 42 15 50 0 Bypass uses & Halane) 40M Wajir CBD & Township 347+000 32 15 83 0 Vulnerable Groups 26. These included eight (8) physically challenged persons out of a population of 844 asset owners. There are squatters along the road. These are non-locals who moved in the area and road reserve after fleeing from their homes for various reasons some as a result of clashes. Other noted group are pastoralists living a nomadic life and pass seasonally in a migratory route across the project area in search for pasture. Once in the project area, the locals occasionally provide them temporary settlements together with their livestock. This is until they can move back to their homes. They don’t own the land, but they have temporary structures some of which will be affected by the project. 27. The vulnerable groups will receive additional support during the resettlement where dedicated assistance will be offered in order to ensure that they receive compensation in good time and the resettlement is carried out in a manner that these special groups are cushioned from further vulnerability. There will be close monitoring on the impacts of resettlement on the vulnerable groups. Income/Livelihood Restoration 1. The objective of Resettlement Plan Income/Livelihood Restoration (IR) activities is to ensure that no project-affected persons are worse off than they were before implementation of this project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households and socio-economic and cultural. Livelihood Restoration for Individual PAPs will involve:  Direct and indirect jobs/employment opportunities for the PAPs and members of their households  Prompt Compensation KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - h-  Provision of Modern Market Stalls  Financial and Basic Entrepreneurial Skills Training  Referal to Credit and Micro-credit Facilities through third party providers and Government Sponsored initiatives like Uwezo Fund and Cooperative Groups  Linkage of the PAPs to government-sponsored Social Development Initiatives through the area Social Development Officers  Linkage of PAPs undertaking to Livestock activities to extension offices in the county where necessary  Local Purchasing Programs tailor-made to benefit PAPs or groups of PAPs who can supply goods and services 28. The socio-economic census established that the majority of the project affected persons (PAPs) are business people, pastoralists and small-scale seasonal farmers. The PAPs livelihoods and economic activities will be affected as a result of implementation of the proposed project both during and after relocation when the PAPs incomes may be substantially reduced. The livelihoods will be affected through relocation of businesses hence loss of customers and increased distance to supply sites and reduced size of land for livestock grazing among others. The Livelihood Restoration strategy will therefore target the improving of business and livestock rearing, as well as the enhancement of income-generating activities. Summary of Mitigation Measures 29. The strategies for this Livelihood Restoration Strategies are aimed at enhancing restoration of the residents’ economic and income bases, mostly by promoting diversification and adoption of alternative economic activities. To realize these, there is need for the proposed project to incorporate other activities beyond ordinary compensation. The proposed strategies to ensure minimal shock as well as fast recovery of losses and eventual realization of stability of incomes and livelihoods will include efforts that are aimed at improving access to the PAPs land parcels where businesses shall be re-established or maintained; capacity building and training on value addition, value chains, money management and related matters; expanding the existing social facilities and; promoting economic diversification. Before resettlement, social adjustment is a priority for the PAPs so that they are able to cope with the anticipated psychological constraints that come with changes. This will also include social development processes (health, education and social cohesion) which enable project affected persons and households to maintain their standard of living in the context of a changing social and economic environment. 30. During the field visit and discussions, the PAPs clearly emphasized that in order to enhance social adjustments, the following activities are necessary: i) Implement and support mechanisms that consider resettling the homestead, not a household, as a unit to one site to ensure continued social support where a whole household is affected; ii) As much as possible, where a PAP has his portion of land remaining especially in the urban and market set ups where land has already been subdivided, he will be allowed to move his homestead there rather than relocating to “foreign” land. Thus, the resettlement will be done in a manner where the PAPs are resettled on basis of village/greater household social units. If the relocation takes place, the resettlers will be resettled to the nearest possible land within vicinity of their original homes; iii) In order to reduce the project impacts, the PAPs will be allowed to salvage materials on right of way before they are demolished by the contractors; KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - i- iv) And the project to provide watering of the animals, by drilling and equipping solar pumped boreholes in the places they will be relocated to. v) Since many of the PAPs practise pastoral activities at varying degrees, they requested that it is important for the project to consider relocating them in a place where their livestock will not have hard time accessing the opposite side of the road. The grazing areas are situated immediately after every settlement area along the stretch of the 157 km road since the land is communally owned and every person can graze their livestock on the communal rangelands. Road Design 31. The proposed Modogashe - Samatar - Wajir Road that is to be upgraded shall have a corridor of 60m. In flat/rolling sections of the proposed project, a carriageway width of 7m (two lanes) with a 2.0m wide paved shoulders on either side is proposed. In major built up town sections, a carriageway width of 7m, service road of width of 6.5m and a 1.5m wide footpath on either side of the carriageway is proposed; In village sections a carriageway width of 7m and a 2m width paved shoulder is proposed. The current road reserve of 60 metres has the required reserve area but it is encroached and people have constructed permanent, semi-permanent and makeshift structures therein. These developments will be compensated for by the National Land Commission on behalf of KeNHA as they will be relocated to pave way for road construction activities. Disruption of Business 32. There will be loss of business for those located within the project affected towns and commercial centres whereby compensation for disruption of business has been arrived at by considering the estimated net monthly income of the business over period of three months after which the business is expected to been relocated and set up. This is expected to cushion the affected persons from disruption of earnings from their businesses; The Developments (Structures) 33. The valuation basis adopted for valuing the developments on the land taken for compensation is the full replacement value or equivalent reinstatement basis or probable cost of acquiring similar premises for the same purpose. This is the amount it would cost to search for a supplier of the construction material, the cost to purchase, transport and insure the materials to the site, and the costs of erection of the premises, including professional fees, and completed to a standard as existing at the valuation date. The structures have not been valued at market value because replacement cost is not synonymous with market value. The main purpose of valuing the structures for compensation is to reinstate the owner to build similar structures on another site. In obtaining the unit cost for reinstatement the RAP has taken into consideration the cost of construction rates recommended by the Ministry of Public Works for the area. The Trees 34. The affected trees were valued based on compensation schedules prepared by the Kenya Forest Service for various species depending on age and its future potential. The Consultant also took into account the extent of utilization, type of species, quality of logs, diameter of the logs and quality of the log. The trees that were physically assessed were those mainly in settlement areas. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - j- There are however trees scattered along the entire route where there are no defined settlements or no settlements at all. Where affected, they will be compensated according to Kenya Forest Service rates to their respective owners as identified with the assistance of the area chiefs within the settlements and where the trees are on the road reserve away from the settlement areas, they will be replanted as a way of environmental restoration. Compensation for Disturbance and Other Losses 35. In the valuation, the Consultant took into account losses not directly based on the value of interest on the land. These losses include: cost of removal of assets; expenses incidental to removal of loose assets; fixtures, and losses incurred on business premises and made an adjustment to cater for the same. Guidance on Valuation Determination 36. All structures affected were valued on ascertaining full replacement value approach basing the unit cost on the Ministry of Works current rates. The market rate was only applied to the loss of rent or the period of reinstatement of the commercial buildings which is based on the open market rent achievable in the market. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - k- To mitigate the project impacts, an entitlement matrix was established as follow: Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Land Permanent Loss of any type of Private Landowner (individual or Wajir Town  Provide PAP with choice of replacement  All compensation before Land regardless of severity1 group) with legal document e.g. title. In case of individual, spouse land (if available) or cash compensation at notice to relocate. included. full replacement value.  Maintained access to  If replacement land, location will be unaffected remaining land acceptable to PAP where feasible. Land will thus needs for access be of equivalent value, size and provision in detailed road characteristics. design.  If cash compensation, compensation of the  Access to Grievance land at full replacement value, free of taxes, mechanism. registration, and transfer costs.  The right to request for  If residual is unusable, or ‘orphan’ land, orphan or residual land to be subject to a case by case NLC determination acquired if not economically and recommendation for full acquisition of viable. land.  Owner eligible to participate Private Owner with no legal Majority sections of  Compensation of the land at replacement in livelihood restoration documents e.g. title but land Modogashe and Wajir programmes. gazetted for adjudication prior value on good faith, NLC will have to cutoff date i.e. legalizable owner or determine the disputed 750metre market some form of recognized land. area compensation (if the alignment does not  15% disturbance allowance. Incase of individual, spouse fit within the available space of about 20 included. metres and requires additional space).  Access to Grievance mechanism. 1 Temporal loss of land due to occupation by contractor for establishment of camps and auxiliary facilities during construction not covered in this RAP, thus compensation often at commercial rates to be negotiated outside this RAP. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - l- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Provide PAP with the choice of replacement land or cash compensation. If replacement land, location will be acceptable to PAP where feasible. Land will be of equivalent value, size and characteristics. If cash compensation, compensation of the land at full replacement value, free of taxes, registration, and transfer costs.  If residual is unusable, or ‘orphan’ land, subject to case by case NLC determination and recommendation for full acquisition of land. Un registered community but with Isiolo and Garissa and Cash compensation at replacement value for standing user rights Wajir Counties sections assets. Public/Government Whole route Cash compensation at replacement value for standing  Compensation at assets. replacement cost for the assets. Squatters on public, private and No compensation for land  Compensation of the communal Land. structures at full replacement cost.  Compensation for loss of business.  15% disturbance allowance.  Right to salvage. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - m- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  3 months’ notice.  Access to Grievance mechanism. Temporal loss or damage to Private, public or community Payment in full, of just compensation for any damage  Access to Grievance land/property during inspection land/property owner resulting from the entry. The amount to be negotiated to ascertain the suitability of the directly with the owner of the land/property mechanism. land for acquisition for the road upgrading. Individual and Institutional Structures Loss of all structure types Owner of Structure regardless of Whole route Cash compensation at full replacement cost-free of  15% disturbance allowance. irrespective of use. legal ownership/registration status depreciation and transaction costs (and their spouse).  Right to Salvage.  The right to request for the residual land to be acquired if not economically viable.  The owner is eligible to participate in livelihood restoration programmes if they wish.  Access to Grievance mechanism. Business Tenants 3 months restitution based on assessed monthly incomes  Access to Grievance and a 3 months relocation notice mechanism. Residential Tenants 3 months relocation notice  Access to Grievance mechanism. Public/ Communal Assets/structures KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - n- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Socio infrastructure e.g. Community/Users of the services Whole route  Provision of replacement facilities within  Community eligible to boreholes and assets the settlement, with a higher capacity to participate in livelihood serve more community members. restoration programmes.  No cash compensation  Access to Grievance mechanism. Cultural/Religious heritage Community/Public  The first option is re-alignment of road route  15% disturbance to realize sites/assets e.g. cemeteries, mosques, Graves to avoid the facilities where feasible. religious and cultural rituals and for the incidental cost of  If no re-alignment: relocation of permanent o Purchase of land or assistance in the structures like mosques. The identification of alternative sites. same does not apply for o Cash compensation only where graves and cemeteries. recognized committees exist to facilitate and oversee the relocation  Access to Grievance and replacement of facilities. mechanism. o Where no committees exist, KeNHA in collaboration with community forms one and facilitates required safeguards to ensure money is used for the right purpose or agreement on whether KeNHA hires a contractor to work with the community to redesign and rebuild the facility. KeNHA pays the contractor on community approval of completion of works. o In all cases, KeNHA facilitates the rebuild of a bigger facility. Individual/Family owners  Cash compensation at full repayment cost.  15% disturbance to realize religious and cultural rituals. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - o- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Access to Grievance mechanism. Business and Income Loss of business The business building owner (if Whole route  Eligible to participate in 3 months rental income per tenant lost - Subject to the premises rented out) provision of documents and verification by NLC livelihood restoration programmes such as markets Owner of Business 3 months of transitional assistance based on proposed by KeNHA in some monthly income of the settlements. Squatters Allocation of stalls within the existing County  Access to Grievance Government Markets mechanism.  15% disturbance allowance. Trees Loss of all types of trees Individual/ group owner regardless Whole route Cash compensation at full replacement cost using rates  Eligible to participate in of the legal status of owner approved by KFS livelihood restoration programmes such as markets proposed by KeNHA in some Community as owners and users (in Cash compensation at replacement value to the owner. of the settlements. the latter where the owner is an individual, but the community uses  Right to salvage the tree)  Access to Grievance mechanism. Loss of Public Utilities Power lines Public Whole route Physical relocation and reinstatement of access by relevant authorities. Vulnerability KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - p- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Any losses incurred by the Female household heads, elderly, Whole route Cash compensation at full replacement cost and in-kind  Priority in processing/ disbursement vulnerable persons living with disabilities. assistance as per the provisions made on the last column of compensation. 2  Additional support with transport to new sites that include providing a team to salvage their belongings including house materials.  Priority eligibility to livelihood restoration programmes e.g. markets. Where KeNHA has proposed markets in some settlements, vulnerable get preferential treatment in getting strategic locations in new market centres while the markets will be designed to take into consideration accessibility by the physically challenged.  Employment priority in project-related jobs.  Recommendation for additional assistance by county and national government programmes such as the Inua Jamii programme.  Counseling of the households so that they can understand the short-term support and longer-term options. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - q- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Support to ensure that they maintain their social networks of family and friends and that they can access social services.  The project has considered non-monetary in-kind compensation measures including priority in compensation, adequate notice to relocate their facilities and assistance to relocate their assets to other communal land which the area administration has provided, referral to microlenders and support organizations in the areas affected, allocation of accessible trading spaces with specific attention to their vulnerability factors like wheelchairs use at the local markets among other support as per the entitlement matrix.  Additional subsistence allowance for three months.  Where illness is ascertained, medical subsidies, food, temporary accommodation, KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - r- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements employment referrals to members of the family to be considered.  Support to ensure that they maintain their social networks of family and friends and that they can access social services.  Access to Grievance mechanism. Unforeseen impacts, if any Design of additional mitigation Private, public or community Whole route Reference to institutions supporting informal and  Participation in livelihood measures by KeNHA on a case land/property owner pastoralist activities through the ministry of Livestock or restoration strategies. by case basis as defined through social needs assessment for the project.  Compensation of structures at full replacement cost. Informal PAPs and squatters  15% disturbance allowance. Pastoralists Livelihood restoration All affected persons and affected All the road corridor. Livelihood restoration strategy.  Social development households Social development Infrastructure for health, education, Infrastructure for health, water, abattoirs. education, water, abattoirs.  Financial training to all the households receiving cash compensation.  Priority in consideration of employment opportunities KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - s- Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Wagberi, Tarbaj, Kotulo Provision for Market Infrastructure and business opportunities in (Mandera) and Elwak the project.  Veterinary care services and extension services through support from County Government offices.  Stalls for traders at affected sites KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - t- Institutional Arrangements for RAP Implementation 37. The overall responsibility of compensation and resettlement rests with the Government of Kenya through the implementing agency KeNHA. The National Land Commission which is in charge of valuation and compensation in collaboration with KeNHA will closely participate in the RAP implementation process and ensure timely execution of the whole process of compensation. A working arrangement will be put in place well in advance to allow for synergistic operations that will clear the road reserve necessary for implementation the proposed project. The RAP Implementation Committee 38. Effective implementation of the RAP will require an implementation committee. This committee shall have representatives from the local administration, community leaders, Ministry of Housing, NLC, County Ministry of Lands, and KeNHA. The RAP Committee shall have the responsibility of implementing and managing the Resettlement Plan, coordinating the resettlement activities and providing technical support. Project implementation support will be provided by various agencies at the national, county and village levels. RAP Implementation Schedule 39. As per the Lands Act 2012, no works are to commence before compensation has been paid, displaced persons are resettled. Additional assistance will be provided to the affected population in accordance with the RAP before, during and after the works are carried out. The RAP Implementation Schedule shall entail the following activities:  Free Prior Informed Consultations with the PAPs throughout project phases;  Carrying out final verification of the RAP by NLC for the entire road, socio-economic assessment of the PAPs and identification of affected land and structures and other physical features requiring evaluation (month 1-2);  Putting together the required machinery, legal and educational processes, training of resettlement staff from all the levels including National (KeNHA and NLC) , County (County Government) and Local (Chiefs, to ensure they are all conversant with and aware of how to work together and which roles to play in the smooth implementation of the RAP (month 3-4);  Sensitization with an aim of Reclaiming of wayleave land from encroachers for the proposed road upgrade to bitumen standard (month 4-5);  Compensation and resettlement of PAPs. (if there is need to provide alternative land, sourcing for appropriate resettlement sites for displaced persons in consultation with affected persons and other relevant key stakeholders and project area County administration (month 6-9)  Detailed road route site surveys and marking out the boundaries (Month 6-9)  Clearing of area & construction of the road (month 7-20)  Monitoring and Evaluation of Resettlement of PAPs especially vulnerable groups like women, children and disabled (Month 3 – month 20)  Management of grievances: establishment, sensitization and operationalization of grievance redress committees. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - u- Grievance Redress Mechanism 40. The Social Assessment recommended a grievance redress mechanism which will be used also for the RAP implementation. The RAP provides for both traditional and formal grievance redress mechanism to help resolve any complaints and grievances by the PAPs and to enhance the acceptance of upgrade and resettlement program through people’s participation and support. All efforts will be made to reduce unnecessary litigation by resolving disputes through mediation, negotiation, and compromise in a congenial, fair and impartial setting. In cases where the litigation reaches the courts, the relevant Court will be requested to expedite and resolve any litigation related to eviction and demolition of structures and/or compensation for development on the road reserves in the best interests of the project and the people. 41. Once a complaint is received at the project office, it is registered and given a reference number for ease of following up. The Office will evaluate the application and determine whether the issue can be handled administratively, or the Committee has to meet over the matter. Where the Committee has to be convened, all its proceedings are recorded, and minutes prepared of the deliberations. The minutes have to be confirmed at the next meetings and authenticated by the full sitting. All the signed minutes and the resolutions of the GRC are implemented as agreed and without delay so as not to impact negatively on the project implementation plan. Some issues may arise in course of the project implementation and these are dealt with as they arise. In the event that the grievance cannot be resolved by the various committees, the aggrieved may elect to seek redress from the court of law. Total RAP Cost Estimate Taking into account all factors, it is our opinion that compensation for land, structures, loss of business and trees to be affected during the Proposed Upgrade of Modogashe- Wajir Road (A13) and free from all encumbrances is KShs 702,039,678 with a 15% disturbance allowance for all affected structures and any other cost to the PAPs being included as broken down in table below. Summary of various types of affected assets and related costs Type of Affected Assets Total Number of Owners Estimated Cost/Value (Ksh) 1 Permanent and Semi permanent 439,589,273 structures 2 Fences 4,092,001 3 Trees 1,494,025 4 Community Water points 293,986 5 Training and capacity building of 25,000,000 PAPs 6 Facilitation of grievance redress and 25,000,000 resettlement committees 7 External monitoring and evaluation 15,000,000 8 Livelihood restoration activities 100,000,000 Subtotal 8443 610,469,285 Contingency cost (15%) of subtotal 91,570,392.8 Total Affected Asset Owners 702,039,678 3 3 The affected asset owners own a combination of more than one type/category of assets (Refer to asst registers) KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - v- Summary of the Cost of Resettlement for Modogashe to Wajir Road Project Project Areas RAP Budget in Initial RAP RAP Budget in Reviewed (Kshs) RAP (Kshs) 1. Modogashe 25,396,730 31,959,972 2. Skanska 6,820,311 5,575,013 3. Habaswein 121,214,106 5,891,470 4. Lagdima 2,379,030 9,171,738 5. Kanchara 7,830,607 20,117,991 6. Samatar/ Guticha 849,146 748,115 7. Laghbogol Town Centre 51,909,724 64,785,423 8. Busibusi 3,286,917 1,183,738 9. Bojiyare Location 9,683,179 8,887,079 10. Leheley Town Centre 52,018,579 49,431,134 11. Alimahu, Furahia & South C 3,469,370 3,409,083 12. Bypass (Baruwako,Jogoo & Halane) 44,534,260 40,537,385 13. Wajir CBD & Township 203,771,144 203,771,144 Total 533,163,101 445,469,285 42. The budget will however, be set higher (by 15-30%) than this since there may be price variations occurring between the date of this valuation and the time the actual compensation is paid out, and to cater to areas with disputed boundaries like Modogashe Market area. Monitoring and Evaluation 43. A Monitoring and Evaluation (M&E) program will be developed to provide feedback to Project management that will ensure that the programs remain on schedule and successful. Monitoring provides both a working system for effective implementation of the RAP by the Project managers and an information channel for the PAPs to assess how their needs are being met. Monitoring shall be conducted in two ways: by an external expert and internally by the RIC. An agency will carry out monitoring and evaluation of RAP implementation. The agency shall begin the work right from the implementation of RAP and will meaningfully and realistically monitor and evaluate the resettlement programs on a periodic basis so that all the vital activities are successfully implemented. Monitoring and evaluation will be useful in formulation of corrective measures by identifying the problems and difficulties faced by the PAPs and bringing them to the notice of the RIC. The agency shall be knowledgeable in matters relevant to the activity and shall serve for the full duration of the project with an extension of period to carry out a final audit as specified in the schedule or as may be revised in future. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - w- 1 INTRODUCTION 1.1 Background 1. The Government of Kenya (GoK) through its implementing Agency KeNHA is planning to undertake the North-Eastern Transport Improvement Project (NETIP) with credit from the International Development Association (IDA). Under the project, Modogashe- Samatar-Wajir Road section has been included for upgrading to bitumen standards. This Resettlement Action Plan (RAP) study aims to provide an independent assessment of potential resettlement and social impacts of the proposed project and to ensure that it is implemented in an environmentally and socially sustainable manner; and that it is in line with the World Bank Policy Operational Policy (OP) 4.12 Involuntary Resettlement. 2. The proposed upgrade of Modogashe - Samatar - Wajir Road (A13) covers a total distance of 157 km, located within Isiolo, Garissa and Wajir counties starting from Modogashe and running in a north-easterly direction to Wajir, traversing the towns of Modogashe, Habaswein and Wajir. It will also affect the rural settlements areas and rural shopping centres of Skanska, Lagdima, Kanchara, Guticha, Samatar, Laghbogol, Borjiare and Leheley. 3. Several sections of the road have too frequently been rendered impassable as a result of heavy rains. These heavy rains have caused flash flooding and completely submerged lagga crossings making them unsafe for both motorised and non-motorised traffic to cross. The road is a very important infrastructure to the area residents and the region as a whole. Its improvement will help the population in the region to get better access to markets and ensure that most commodities reach their destinations fresh and with ease. 4. The project area is an arid and semi-arid lands (ASAL) area with very little ground cover which does not trap or slow down the flow of run-off water from the hills during the rainy seasons. The fast running water hence quickly find its way onto the river valleys with great force hence causing destruction of laggas and anything else on its way. The upgrade of the road will improve transport to and from the region, enhance economic growth, provision of security, enabling easy transportation of goods/services and creating more investment opportunities to both the local people and outsiders. 1.2 RAP review Methodology 5. Both primary and secondary data was collected during the survey of the project area. Primary data from the field was carried out as follows: i. Qualitative data was collected through field visits, site walks as well as public consultation; and ii. Quantitative data was collected through a socio-economic, census and valuation survey of 100% of all the affected households. Using the cadastral maps and the GPS, affected properties were identified and interviews as well as measurements and photographs taken. The surveys were carried out between 9th June and 10th July 2013. 6. Secondary data was collected through a detailed literature review which included a study of the following documents: ESIA Study Report for the project, social assessment, county KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -1- integrated plans, Policies, Acts and Regulations, project area topographical and cadastral maps, and the World Bank Safeguard Policies. The field visits were undertaken to identify the properties to be affected by the project. During the field visits the following tasks were performed: i. observation: This included observation of social and physical setting of the area as well as economic activities ii. identification of affected properties: GPS device were used to establish the extent of the land and the property affected. iii. interviews and discussions: Interviews were held with each of the PAPs household heads/proxies. 1.3 Project Area Socio-Economic Activities 7. The project area is within Garissa, Isiolo and Wajir Counties. The population is mainly pastoralists and from the Somali and Borana communities. However, the town centre of Habaswein, is cosmopolitan where the inhabitants come from all over Kenya in search for employment and business opportunities. 1.4 Scope of RAP 8. KeNHA prepared RAP report for Modogashe Samatar and Samatar Wajir as part of project design. Based on a Bank review, the road project was reclassified as Category A from category B since the project is likely to have significant adverse environmental and social impacts that are sensitive, diverse, or unprecedented. This necessitated the review and updating of the initial draft RAP by an independent team of consultants, in accordance with the requirements of a Category A project. This report reviews and updates the Resettlement Action Plan (RAP) for the proposed upgrade of Modogashe – Wajir Road (A13), 157 km as required under the terms of the Contract, between Kenya National Highways Authority (KeNHA) the Client and the Consultant. The proposed Modogashe - Samatar - Wajir Road passes through the towns of Modogashe, Habaswein and Wajir and other settlements areas and rural shopping centres of Skanska, Lagdima, Kanchara, Guticha, Samatar, Laghbogol, Borjiare and Leheley. 1.5 Objectives of RAP and RAP review 9. The implementation of the project shall result to displacement and resettlement of people, loss of residential houses and commercial buildings and disturbance of natural resources thus requiring a resettlement action plan (RAP). The purpose of the Resettlement Action Plan (RAP) is to evaluate the project area and identify persons and property that will be affected by the proposed project so as to carry out appropriate and commensurate compensation and resettlement. 10. This shall ensure that the displaced persons are not left worse off than before project implementation. The RAP outlines the guiding principles to be followed when there is involuntary resettlement in order to reduce to a minimum any adverse impacts to PAPs and enhance positive impacts. RAP applies to all displaced persons regardless of the total number of persons affected, the severity of the impact and whether or not they have legal title to the land. The RAP also sets out the framework for institutional arrangements, schedules, and other indicative budgets to facilitate any resettlement processes that will be necessitated as a result of this project. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -2- 11. The specific objectives of this RAP review are: i. To review RAP of the project in line with the Bank’s Policies; ii. To undertake census survey and ensure that all the potential PAPs and the impacts of the proposed projects on their livelihoods are identified and appropriate measures to minimize resettlement effects and safeguard livelihoods are recommended; iii. To undertake to undertake the necessary activities to complete, rectify and/or address any gaps in the existing RAP report and the process through which it was prepared, including socio-economic survey of the RAP and ensure that baseline data for monitoring and evaluation during the project implementation period is generated; iv. To undertake review of asset inventory survey and ensure that all potential assets that will be affected by the proposed project are enumerated; v. To verify compliance with the Bank’s Involuntary Resettlement Policy and any other national relocation and resettlement regulations that govern the infrastructural development sector vi. To engage and provide guidelines to stakeholders participating in the minimizing resettlement impacts of the project during RAP preparation and implementation vii. To recommend cost effective measures to be implemented to safeguard the livelihoods (including for safeguarding children and/or vulnerable adults to address social issues) viii. To prepare a Resettlement Action Plan (RAP) report compliant to the World Bank and Government of Kenya (GoK) regulations for a Category ‘A’ project. The RAP prepared is expected to ensure it covers the elements above and any other relevant aspects in line with KeNHA and the World Bank's social safeguard policy on involuntary resettlement. The RAP will be approved/cleared by the Government of Kenya and the World Bank and the RAP summary disclosed locally to PAPs and stakeholders with translation into a language they understand. It will also be disclosed in the World Bank external website. For any changes made to the RAP, it will follow the same approval and disclosure protocols 1.6 The Consultant Team 12. The resettlement action plan study review team included the following experts: i. Team Leader/Expert in Resettlement Matters ii. Registered Land Valuer iii. Sociologist/Community Development Expert iv. Socio-Economic Survey Team Members/Enumerators KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -3- 2 PROJECT DESCRIPTION 2.1 Condition of Current Road 13. In essence, the current road which is proposed for upgrade can be described as a road which is completely worn-out with vehicles resulting to driving through unoccupied land next to the various sections of the road that are worn out and have very rough surface corrugations; It is essentially an earth track widened at many locations with a grader. This road is very poor earth road interspersed by loose gravel, or sandy deposits in sections. The existing road from Modogashe up to Wajir consists of approximately single lane gravel/earth track. The condition of the earth road is generally poor and extensive grade works are observed throughout the road stretch. From Habaswein to the end at Samatar, only a gravel / earth track of approximately 2 lane width exists. The condition of the gravel track in the entire section is poor. Plate 1: Animals crossing the road at the area between Plate 2: Existing drift at River Laghbogol Skanska and Habaswein. 2.2 Proposed Road Design 14. The major geometric design elements constituting the cross-section are the carriageway, the shoulders and the storm water drains. The proposed carriageway includes the seven metre bitumen area, paved shoulders on either side, any auxiliary lanes such as acceleration and deceleration lanes, and bus bays and lay-bys. The existing road geometry generally meets the required standards except at all drift locations and within town areas. In addition, the project road has a number of existing drift crossings with substandard geometry. Realignments are provided for in the current design at all the drift locations for the provision of high-level bridges with appropriate approach geometry meeting the recommended standards. 15. In flat/rolling sections of the proposed project, a carriageway width of 7m (two lanes) with a 2.0m wide paved shoulder on either side is proposed. In major built up town sections, a carriageway width of 7m, service road width of 6.5m and 1.5m wide footpath on either side of the carriageway is proposed; In village sections a carriageway width of 7m and a 2m width paved shoulder is proposed. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -4- Typical Cross-section KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -5- 2.3 RAP related Project Activities 2.3.1 Pre-Construction Phase 16. The pre-construction phase involves the following activities:  Preparation of safeguards instruments and getting the required approvals;  Validation of affected structures and trees in preparation for compensation;  Compensation for affected trees and structures;  Obtaining all relevant approvals from the various local authorities and relevant institutions; 2.3.2 Construction and Operational Phase 17. The construction and operational phases will involve the following;  Compensation and relocation/resettlement of PAPs;  Demolition of existing structures and ground excavation;  Monitoring and Evaluation of the resettlement of PAPs. 2.4 Anticipated Project Impacts on the PAPS and Institutions 18. Some of the anticipated and expected project impacts include the following;  The permanent loss of affected assets;  The permanent loss of trees resources  The permanent loss of residential accommodation and business (including livestock holding pens) premises and structures affected by the project;  The temporary loss of land and assets for land used as road deviation during the construction phase of the project; and  The possible loss of social cohesiveness and social networks when affected people or entities are required to relocate from the project area. 19. The most extreme impacts will be felt by people who will have to relinquish all or most of their land and other property and move to other locations which may be some distance away from the affected project area. Less extreme impacts will be felt by people who will lose smaller portions of their land and assets and who will not need to physically relocate. Losses will not only be limited to property owners with legally recognised property rights but some impacts could possibly be felt by people without ownership rights, such as tenants and informal or itinerant land users and squatters. 20. Although not directly related to the wayleave areas for project purposes, it is possible that construction teams may adversely impact on (e.g. damage) land or property located outside the road corridor. The affected people will, therefore, suffer losses which may be temporary or permanent and such displacement will need to be dealt with in accordance with the requirements of the resettlement policy framework for the project. The quantitative and qualitative project impact data is provided on the entitlement matrix of this report. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -6- Table 1: Anticipated Project Impacts Affected Items / Types of PAP Gender Nr Location Impacts Population 1. Urban and Rural Removal of 590 Informal/ 625 Men  260 permanent structures and 754 Centres Commercial/ rural and 254 219 Women Semi-permanent structures Residential urban  Disruption of residential Buildings Vulnerable accommodation PAP’s  Interruption of loan repayment schedule  Interruption of the community social systems 2. Community Land Pasture for Community  Loss of community land if works or Livestock diversions are done off the existing carriageway. This included any future land needs identified outside the current ROW which will cause impact on land and the same shall follow the guidelines of the RPF. (this is mostly for social infrastructure)  Destruction of pastureland if works or diversions are done off the existing carriageway  Exposure of local communities’ members and cattle to accidents especially unmarked areas  Displacement of Squatters who have erected their manyattas and other semi-permanent structures on the wayleave area 4. Open Grassland Pastures Formal  Destruction of pastureland if works or diversions are done off the existing carriageway  Exposure of livestock to accidents especially unmarked areas 4. Main Road and Local Population Formal  Generation of Noise, vibration and Road Deviations dust during road construction activities affecting local population  Road Safety risks will rise from increased traffic 5. Entire Route. Indigenous Trees Informal  Loss of Trees 6. Rural Centres Cultural property Informal  If cultural properties are demolished, it might bring about Vulnerability as they act as places of uniting the communities. The RAP has measures proposed. 7. Urban Centres livelihood losses, Informal loss of business, and loss of tenancy. 21. The RAP study has identified those persons within the project area who shall be displaced as a result of the project, and those persons who will be required to relinquish the land they currently occupy to the project. It also provides a socio-economic profile on the Project Affected People (PAPs) and gives the cost of resettlement. The impacts of the project on the local community has been noted to vary from place to place along the road corridor from Modogashe to Wajir. 22. The heaviest impact has been noted to occur in Habaswein and Modogashe towns where the project shall affect commercial buildings in both sides resulting in loss of business KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -7- premises, residential houses, loss of income from the commercial activities and loss of mature trees. The majority of PAPs carrying out business activities in these towns have expressed concern over loss of business. 23. There will be temporary loss of accommodation for owners of manyattas that shall be relocated in Skanska, Lagdima, Kanchara and Samatar/Guticha. The road project is currently open, and diversions if done outside the road reserve, might affect part of the existing pasture land along the entire stretch of the road especially in the rural settings. Note: The pasture lands are largely unsettled and are located after every settlement area along the stretch where the community graze livestock, between Modogashe and Skanska, Skanska and Habaswein, Habaswein to Leheley. These pasture lands are considered a common resource for the community where every member of the community can take their livestock for rearing on the vast open tracts of land on either side of the road. 2.4.1 Project Impacts on Land 24. The main negative impacts of the project will arise from the need to reclaim or repossess land for the road corridor and for other associated infrastructure like deviation roads for use during construction. 2.5 RAP Study Field Investigations 25. Socio-economic survey along the road corridor, census of affected persons and valuation of their affected property was carried out during the field work exercise. At Modogashe, it was not possible to carry out the review within the market centre due to existing historical boundary conflict between the Somali and the Borana community members. Because of this reason the main Modogashe centre from KM 0 to km 0+750 of the review adopted the findings of the initial RAP. 26. The consultant team administered questionnaires, conducted household interviews with the PAPs whose property were determined to be in the right of way of the road corridor and also carried out Consultation meetings at 6 centres along the proposed route. Refer to Annex 2 for completed Stakeholder Questionnaires. The field investigations were carried out from Mon February 12th, 2018 – Wednesday 23rd Feb, 2018. Project activities implemented include: i. Road Route Survey using road chainage coordinates provided by road designers; ii. Census Survey for data on PAPs, affected land parcels, structures and trees; iii. Valuation of affected land, structures and trees; iv. Consultation Meetings and validation of cut-off dates. 2.5.1 Road Route Survey 27. The road design coordinates were used to assess the road between Modogashe and Wajir and determine the extent of the KeNHA Wayleave for confirmation of the RAP data. GPS Accuracy: KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -8- Since the weather was fine throughout the field survey, visibility was also good hence the positions provided by the GPS were in the order of 1m accuracy and therefore accepted for this task. 2.5.2 Sources of Data and Data Collection Tools 28. The consultant applied a variety of methodologies to ensure that impact and compensation assessments are based on current and verifiable socio-economic and demographic information. These included socio-economic survey: data comprising detailed census of affected households; direct formal and semi-formal discussions with the affected household heads and community leaders. Comprehensive interview guides for data collection were also developed for capturing information on PAPs bio data and contact details, source of income, number of children, adult male and female, type of land tenure, land size, number and type of structures. 2.5.3 Consultation Meetings 29. Public consultation was done as part of participatory approach through 8 public consultation meetings comprising of the project affected persons, the local community and their local leaders. The public meetings were organized by the consultant in collaboration with the local administration. Consultations were carried out with the community, key stakeholders, local leaders and PAPs through direct verbal interaction with them, oral interviews and the administration of relevant questionnaires. The purpose of the meetings was to elaborate on the various aspects of the proposed project and discuss project mitigation measures and alternatives. Projects aspects discussed during the meeting included ownership and claims to affected land, compensation for structures, loss of business and trees and resettlement so as to make sure that all stakeholders and PAPs are able to make informed decisions and choices. The views and suggestions by the community, stakeholders and PAPs were recorded inform of minutes and used to enhance mitigation measures and alternatives aimed at minimizing project impacts and enhancing benefits. 2.6 Cut-off dates 30. The RAP Review and Update maintained the Cut-off date in the initial RAP. The cut-off date for the Modogashe- Samatar Road section was 21st February 2018 while the cut-off date for the Samatar- Wajir Road section was 18th August 2018. These are the dates the census of PAPs began. The community was sensitized on the Cut-off date and its implications directly by the project teams, chiefs and assistant chiefs and during the local open air barazas/ public meeting in line with the World Banks Operational Policy on Involuntary Resettlement (OP 4.12). During the RAP Review, it was confirmed that the PAPs were aware of these cut-off dates and that any further developments on the road corridor will not be compensated 2.7 Limitations of Study and Mitigations 31. Limitations/Challenges KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -9-  Majority of the land in the project area is community land with the process of adjudication on going in some areas while it hasn’t started in many areas with individual land claimants having either allotment letters or lack any supporting land ownership documents. They also could not provide exact land boundaries  There was conflicting information on the ownership of land with Wajir county government indicating the land in the county is communally owned and the process of adjudication had started while some PAPs produced receipts and title deeds of the land they claimed they owned especially at Kanchara centre.  Issue of absentee PAPs (working away from the project area or keeping their livestock deep in the hinterland away from home and with no means of communication). However, through the Local Chiefs some of the them were contacted and enumerated;  Lack of updated land allocation data at the local lands’ office and unclear land demarcation boundaries especially in the town centres.  Due to lack previous planning and surveying at Habaswein town the PAPs were saying they own the land where the road will be upgraded but the design had indicated they had encroached, this proved to be a major challenge explaining to them how the land wasn’t theirs when the area had no prior planning and survey to let them know they are on the road reserve. 32. Mitigations to Overcome Challenges  As required by Law (Land Act 2012 and Community Land Act 2016) due process on land ownership verification will be followed where the National Land Commission will be involved in the verification of those having interest in land before compensation is paid out.  Adequate dissemination of information regarding dates of carrying out PAP verification by NLC. At least 2-3 weeks’ notice through local administration will be provided to PAPs before verification officers move to the ground.  Education of PAPs on grievance redress mechanism and the setting up of a local RAP Implementation Committee (RIC) to carry out verification of ownership.  Land acquisition process to fully involve the PAPs. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 10 - 3 MINIMIZING RESETTLEMENT 3.1 Justification for Resettlement Action Plan 33. The proposed upgrade of Modogashe - Samatar - Wajir Road will lead to physical displacement of people at the town and market centres along the route of the proposed road, loss of structures and income sources/livelihood. The Resettlement Action Plan is aimed at facilitating the evaluation of land and affected structures and trees, compensation and resettlement of project affected persons before project implementation, in accordance with applicable Laws of Kenya and in line with OP.4.12. Involuntary Resettlement is triggered by this project due to land acquisition, loss of structures, businesses and trees that have encroached into the 60 metre RoW and therefore requires the preparation of a Resettlement Action Plan. 34. The RAP enumerates and ensures that all the Project Affected Persons (PAPs) are identified and compensated for the losses at full replacement value and they are also provided with assistance where applicable, in order to assist them to improve or sustain their pre-project living standards and income generating capacity. 3.1.1Mitigation of Adverse Impacts at the Community Level 35. The negative impacts mentioned by the communities were loss of livelihoods, prostitution and increase in HIV/Aids cases, relocation of homesteads, differences and cultural beliefs between the resident community and the outsiders working for the project and community misconceptions on what the project can do to improve their livelihoods. The main reasons behind the negative impacts mentioned by the communities are summarized in Table 2 below. Table 2: Community Identified Negative Impacts Nr Threats/Impacts Main reason identified threat 1. Massive demolition of structures in Expanded way leave area Town Centres and limited demolition of structures in area outside the town centres 2. Increase in social vices such as Fear of increased infection and prostitution, HIV/Aids cases etc. prostitution during project implementation phase 3. Cutting down of trees & shrubs Loss of trees/shrubs 4. Relocation of business structures Fear of delay or lack of compensation 5. Cultural and religious based community Non respect of the local culture by squabbles other development project execution teams 6. Community misconceptions Expectations that big projects must provide direct benefits to the local areas in which they are implemented 3.1.2 Mitigation for Negative Impacts It will be important that the project proponent designs and implements an Information, Education and Communication (IEC) programme in the project area to minimise false KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 11 - expectations and misconceptions. This is particularly important given the controversies surrounding land issues. It is recommended that 1the project work through the County government and document all aspects of this programme rigorously to adequately address issues that arise. The proposed mitigations to threats and impacts identified are elaborated in Table 3 Table 3: Assessments and Impact Significance Ranking Nr Threats/ Impacts Rating Proposed mitigation measures 1. Increase in social High Information, Education and vices e.g. communication (IEC) conducted prostitution and amongst the community and the project HIV/AIDS cases staff making them aware of the potential dangers and alternative behaviour that will be needed so as to protect themselves 2. Reclamation of High Sufficient Notice to vacate the wayleave KeNHA wayleave Moving Road side traders to the existing County Government designated trading areas/ markets 3. Cutting down of High Support re-afforestation initiatives trees where the communities are willing to participate in tree planting 4. Relocation of High Timely Compensation of the household commercial for loss of structures and relocation premises and homesteads 5. Cultural and High Project can promote activities that are religious common to the cosmopolitan Community communities and project employees that squabbles will provide for opportunities to create understanding such as sports 6. Community Medium Awareness creation amongst the Misconceptions community on the project facts, what it can do and its limitations specifically to address expectations expressed during the RAP study consultation process and in the course of project implementation 7. Compensation for High Regular communication with PAPs and structures timely compensation for losses 8. Job Opportunities High Ensure engagement of PAPs and locals for skilled and unskilled job opportunities to enhance livelihood and enhance acceptance of the project by locals KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 12 - 3.2 Impact Mitigation Measures at Design Stage 36. The designs have been made to avoid as much as possible any settlements or commercial buildings thereby reducing displacement and resettlement. Where it was found to be difficult to avoid, appropriate design changes have been adopted to mitigate or reduce to a minimum any impacts arising from involuntary resettlement and losses on investments and incomes. 3.3 Impact Mitigation Measures at Land Acquisition Stage 37. Mitigation measures during land acquisition stage include: i) Ensuring that there are adequate consultations with the all stakeholders and Project Affected Persons (PAPs) at every stage of project implementation. ii) Verifying land tenure and ownership for compensation purposes if any; iii) Creating awareness on land alternatives and resettlement options; iv) Ensuring that displaced persons are informed about options and rights pertaining to resettlement, offered choices and alternatives; v) Providing prompt compensation at full replacement cost for loss of assets attributable directly to the project; offer support after displacement for a transition period based on a reasonable estimate of the time likely be needed to restore their livelihood and standards of living; vi) Providing development assistance in addition to compensation measures; vii) Conducting resettlement process and monitoring progress of resettled persons; viii) Preparing and keeping reports on resettled persons; ix) Development of a resettlement plan that adequately responds to community issues; x) Creating and sustaining awareness on the project facts; xi) Preparation of progress and monitoring reports and implementation of recommendations; xii) Holding of PAP participation meeting at each of the major centres along the proposed road on a regular/planned basis; xiii) Conducting Information Education and Communication (IEC) amongst the community and the project staff. 3.4 Evaluation of Alternatives 38. After carrying out consultations with the project affected persons and the communities at Habaswein and Modogashe towns and after making ground observation following the proposed road design, the road will be re-routed to avoid affecting the many graveyards and mosques at these locations. The alternative routing will achieve the following positive results:  Reduced interference with the cultural beliefs of the local communities as pertaining the potential disturbance of the dead who are usually buried without coffins.  This may also reduce the cost of compensation for each of the affected grave including the cost of moving the graveyard and the dead to an alternative grave/ graveyard.  The traders within Wajir town will be moved from the CBD to the new modern Market constructed by the County Government to immediately decongest the town and also to make road rehabilitation works easy and faster when the project starts. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 13 - 3.5 RAP Update 39. It is envisaged that during the National Land Commission verification exercise the RAP will be updated to accommodate any changes on the affected persons as well as the displacement. This will require the updating of this Resettlement Action Plan. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 14 - 4 PROJECT AREA SOCIO-ECONOMIC INFORMATION 4.1 The Socio-Economic Profile of Project Area 40. This section looks at the social terrain of the project area. It focuses on the demographic and socio-economic characteristics of people in the project area with a view to providing a picture of the baseline socio-economic situation and to provide a basis for anticipating socio-economic impacts and designing appropriate mitigation measures. The population demographic data is secondary data obtained from Population and Housing Census - Kenya National Bureau of Statistics (2009). The data used to evaluate the project area socio-economic status is primary data obtained from the socio-economic survey conducted by the ESIA Study team between November, 2017 and December, 2017. 4.2 Population and Demography of Isiolo, Garissa and Wajir Counties 41. The region has a high fertility rate and a high population growth in ages below 9 years, a factor attributed to the low infant mortality rates. This is attributed to the fact that almost all the residents do not use contraceptives. The high infant population ratio calls for enhanced immunization and vaccination programmes. Isiolo County’s population stood at 143,294 as per the 2009 population census comprising of 73,694 males and 69,600 females. The population was projected to rise to 159,797 by the end of 2012 and 191,627 by 2017. The population consists largely of Cushite communities (Oromo- speaking Boran and Sakuye) and Turkana, Samburu, Meru, Somali and other immigrant communities from other parts of the country. The population density of the county is 8 inhabitants per km². 42. Projections from the Kenya 2009 population and housing census indicate that Wajir County has a total population of 727,965 which is projected to rise to 852,963 in 2017. Males comprise 55 per cent of the population whereas female population account for 45 per cent. The county has an inter-censual growth rate of 3.22 per cent which is higher than the national population growth rate of 3.0 per cent. The counties' population is summarized in the tables below: Table 4: Population distribution and density by sub county-Isiolo County 2009 2012 2015 2017 Sub- Area (census) (projections) (projections) (projections) County (km2) Density Density Population Density Population Population (km2) Population (km2) (km2) density (km2) Isiolo North 15,881 100,176 6 111,712 7 124,577 8 133,966 8 Isiolo South 9,819 43,118 4 48,083 5 53,621 5 57,662 6 Source: Isiolo County integrated development plan (2013-2017) KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 15 - Table 5: Population distribution and density in Wajir County 2009 (census) 2012 (projections) 2015 (projections) 2017 (projections) Constituency Density Density Density Density Population Population Population Population (km2) (km2) (km2) (km2) Wajir south 130,070 6 143,044 7 157,311 7 167,605 8 Wajir north 135,505 16 149,021 17 163,885 19 174,609 20 Wajir east 112,572 28 123,800 31 136,149 34 149,729 37 Tarbaj 111,846 12 123,001 13 135,271 14 148,763 16 Wajir west 91,143 9 100,233 10 110,232 11 121,227 12 Eldas 80,805 27 88,864 29 97,729 32 107,476 35 Total 661,941 12 727,966 13 800,576 14 852,963 15 Source: Wajir County CIDP Life expectancy in the region stands at 56-65, with that of the female members being higher than that of males. The dependency ratio in the region is high, impacts negatively on development negatively as more resources are usurped in taking care of the dependents, thereby reducing investments and savings. The region has a high labour force (15-64 years) projected to rise by 33.7 percent by the end of 2017, with the proportion of the female members being slightly lower than that of the males. This is indicative of the potential to develop labour resource in the region through investment and employment opportunities. The bulk of this labour is unskilled or semi- skilled, mainly engaged in livestock activities. The average household population in the region is 6. There are generally more males than females. There is a high morbidity rate of over 15%, attributed to the insufficient health facilities and high doctor: population ratio and poor nutrition. This in turn explains the low life expectancy and the low population of members of over 80 years. 4.3 Socio-Economic Survey Results 43. The primary data collected during the socio-economic survey has been used to evaluate the baseline status of the project area community. Ethnic Composition of PAPs. The following table describes the distribution of the respondents across the project area. It can be observed that majority of the residents are of the Somali origin, 166 out of the total PAPs, 197 forming 82% of the PAPs. Table 6: Distribution of the respondents across the project area Current Residence Area No of Respondents 1. Modogashe 33 2. Skanska 36 3. Habaswein 50 4. Lagdima 18 5. Kanchara 52 6. Guticha/ Samatar 8 7. Laghbogol 19 8. Busi Busi 186 9. Bojiyare 55 10. Leheley 215 11. Wajir Township 64 12. Wajir Ring Road 38 Grand Total 774 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 16 - 4.3.1 Age distribution of PAHs along Modogashe to Samatar section 44. Majority of the household heads fall under the age of 40-49(31%) with the second largest group falling between 50-59 (27%). The other ages of household heads fall in the categories 60 and above at 22% ,30-39 at 15% and 20-29 at 5%. This is indicated in Figure 1 below. Figure 2 shows the marital status of the household (HH) showing 84% married,6% divorced, 6% widowed and 4% single. Among the PAP, 83% are male headed while 17% are female headed. This implies that the population that will be affected by the project is largely economically active. Figure 1: Age distribution of HHs along Modogashe to Samatar section 4.3.2 Age distribution of PAHs along Samatar to Wajir Section 45. Majority of the household heads are male, forming 64% of all household heads. Most household heads fall in the age bracket of 40-49. Majority of female household heads, however fall in the age bracket of 30-39. This is depicted in the following figures: Figure 2: Age distribution of HHs along Samatar to Wajir Section 4.3.3 Marital Status of PAPs along Modogashe to Samatar section 46. Majority of the household heads are married. In regards to the crosstab between gender and marital status of household heads, it can be observed that most divorced and widowed household heads are female. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 17 - Figure 3: Marital statuses of HHs along Modogashe to Samatar Section 4.3.4 Marital Status of PAPs along Samatar to Wajir Section 47. Majority of the household heads are married. In regards to the crosstab between gender and marital status of household heads, it can be observed that most divorced and widowed household heads are female. Figure 4: Marital Status of HHs along Samatar to Wajir Section Marital Status of Household Heads 5% 5% 5% 85% Single Married Divorced/ Separated Widowed 4.3.5 Gender of PAPs along Modogashe to Samatar Section Figure 5: Gender distribution of HHs along Modogashe to Samatar Section KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 18 - 4.3.6 Gender of PAPs along Samatar to Wajir Section 48. Majority of the household heads are male, forming 64% of all household heads. Most household heads fall in the age bracket of 40-49. Majority of female household heads, however fall in the age bracket of 30-39. This is depicted in the following figure and subsequent figures: Figure 6: Gender distribution of HHs along Samatar to Wajir Section 4.3.7 Household heads employment Modogashe to Samatar section 49. Majority of the household heads (65%) were not employed with 24% employed and 6% and 3% bearing the status of housewife and retired respectively. This increases the vulnerability of the households during resettlement as they mostly depend on the pastoral activities and business owned on the property. Figure 7: Employment Status of HHs along Modogashe to Samatar Section 4.3.8 Employment Status of household heads along Samatar to Wajir Section 50. Most household heads are unemployed (74%). This will influence the Resettlement Action plan as the majority of the PAPs are dependent on the businesses that they own which will be affected by the proposed project. The most vulnerable group are households headed by female heads who are depicted in the figure below. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 19 - Figure 8: Employment Status of HHs along Samatar to Wajir Section 4.3.9 Households Level of Education along Modogashe to Samatar section 51. Literacy level among the PAPs is extremely low with a very high percentage of illiteracy (74%). Percentages that attained primary and secondary level of education are respectively 8% and 9%. The percentage that have advanced further to dip/cert and university are 4% and 5% respectively. Figure 9: Education Level of HHs along Modogashe - Samatar Section Level of Education 4% 5% 9% Illiterate 8% Primary Secondary 74% Diploma/Certi University 4.3.10 Education status of Household heads along Samatar to Wajir section 52. The rate of illiteracy is very high among the PAPs with 77% of the household heads being illiterate. Female household heads have the highest level of illiteracy (91%) compared to their male counterparts (73%). This further contributes to vulnerability of the female- headed households. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 20 - Figure 10: Education Level of HHs along Samatar to Wajir Section 4.3.11 Household sizes of Households along Modogashe to Samatar section 53. Majority of the household have large family sizes with 7-9 members occurring with the highest frequency (44.1%) followed by 4-6 (32%). A considerable percentage (19%) of households have even greater number of members (10-12). Those with family sizes between 1-3 are the fewest in among the population (4.6%). Figure 11: Household Size along Modogashe to Samatar Section 4.3.12 Family sizes of the PAPs along Samatar to Wajir section 54. Most of the households (38%) have family sizes of between 4-6 members followed by those with 7-9 (32%) the rest have family sizes of 10-12 (17%), 1-3 (10%) and 13 and above (3%). It therefore implies that the majority of the PAPs have large family sizes of 4 or more members (90%). The figure below depicts this distribution. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 21 - Figure 12: Household Size along Samatar- Wajir Section 4.3.13 Land size owned by PAPs along Modogashe to Samatar section 55. Majority (98%) of the PAP own very small pieces of land (below 1 acre). This implies that the total land compensation may not be very large. Only 3% percent of PAP own between 1 and 4 acres of land. There is however no immediate need for land acquisition under this project since the project is utilizing a pre-existing corridor with minor realignments in unsettled areas. Figure 13: Land size owned by PAPs along Modogashe to Samatar section Note: this applies to settlements in the centres of Modogashe & Habaswein’ 4.3.14 Land size owned by PAPs along Samatar to Wajir Section 56. Majority of the PAPs (531 out of 577) forming 92% have land sizes of below 1 acre. This implies that RAP will not be dealing with compensation of large tracks of land. Only 3 PAPs had over 10 acres of land. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 22 - Figure 14: Land size owned by PAPs along Samatar to Wajir section 4.3.15 Land Ownership along Modogashe to Wajir Road 57. Most of the residents have purchased the land they own, however very few have formal ownership documentation. 80% of the households indicated they own the land they are occupying. A high number of the household have owned the piece of land for ten and more years. A large majority do not have formal ownership documents which may render difficulties in the compensation Programme, especially if a contestation arises. Figure 15: Land ownership along Modogashe to Samatar Section 4.3.16 Land Ownership along Samatar to Wajir Section Figure 16: Land ownership along Samatar to Section 4.3.17 How residents feel about the Modogashe to Samatar section 29% of residents feel that the project will create employment opportunity whereas 24% feel the proposed project will improve their business opportunities. This means 53% approval rate hence making RAP process more feasible. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 23 - Figure 17: Perceptions of PAHs along Modogashe to Samatar road section 4.3.18 Perception of PAPs about the Samatar to Wajir Section 58. There were varied perceptions on the impact of the road on the property. 23% of the PAPs felt that the road will reduce their land, 18% felt it will improve their businesses, 13% felt it will create employment, 12% felt that it will add value to the land, 16% felt it will affect their businesses. From these responses it can be surmised that the road project has about 50% approval rating, implying a challenge in RAP negotiations. Figure 18: Perceptions of PAHs along Samatar to Wajir road section 4.3.19 Expense on Transport 59. 61% of the households spend between 2000-5000 on transport. 17% of the PAP spend below 1000;16% spend 10,000 and above and finally 6% spend between 6000-9000 on transport. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 24 - 4.4 Transport and Travel 60. From the figure below, majority of the residents walk to their business premises since the premises are close by. This is also the same as travelling to work as most residents work within the same area. This fact can also be due to the fact that the means of transport are not reliable and this leads to people deciding to walk rather than wait for the PSV means which is not very reliable and often breaks down due to the poor state of the roads 4.5 Socio-Cultural and Economic Environment 4.5.1 Human settlements 61. Permanently and semi-permanently settled areas are found around Habaswein, Modogashe and Kanchara with some few being found in Skanska, these areas have water, network accessibility and there exist peri-urban market centres with the necessary social and economic infrastructures like schools, health facilities and shopping centres. 4.5.2 Population Distribution along Modogashe-Samatar-Wajir Road Corridor 62. It is also noted that it is in these major town centres where service institutions like schools, hospitals etc. are located. Since the project has the potential to generate impacts affecting resources and human populations, a much higher threshold of mitigations will be required to minimise impacts/inconveniences in the populated areas of the road corridor. These are also the major areas where significant displacements and resettlement due to the road project are expected to occur. Proximity to an urban centre is also beneficial to residents because they can easily access societal amenities like hospitals, water, electricity and schools. Most charitable organizations are located in the urban centres and residents can benefit from their assistance, especially food. Casual and permanent jobs are readily available in urban centres. In addition, there is ready market to sell food stuffs and other things like charcoal and woven items. 4.5.3 Land tenure 63. Since independence to date land tenure in these three counties has been largely community land and most of the land in the counties is administered under the Community Lands Act. The existing land tenure in the community lands can be described as a quasi- customary/communal in that land rights are held in trust by the county governments. Because there have been no formal surveys or land adjudication in the whole of the area, KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 25 - land is still held communally by various communities under customary tenure, and is managed by the Local Authorities (Isiolo, Garissa and Wajir County governments) on behalf of the communities. Under the new Constitution, 2010, the land is now considered as community land with all rights vested in them. 64. However, demarcation is being done in township areas to control haphazard developments. This has been done particularly in Habaswein and the towns of Modogashe, and Kanchara. The only currently available proof of ownership of land are the chiefs’ letters issued by the relevant Local Authorities and only in urban centres. Within the countryside away from urban centres, the land-tenure system in Isiolo, Garissa and Wajir is similar to that of many pastoral peoples. Grazing resources are open to all members of a territorial section. In general, water in rivers and streams when they are flowing, open pools, and shallow wells are not owned but open to all community members. 4.5.4 Land use 65. Nomadic pastoralism is the dominant land use in the three counties of Isiolo, Garissa and Wajir. Other land use activities include small scale agriculture during wet seasons, scattered settlements, urban centres etc. The region, although largely marginal, contains pockets of high potential rangelands, which are crucial to land use patterns. 4.5.5 Livelihoods 66. The Counties of Isiolo, Garissa and Wajir have pastoralism as the main subsistence and economic activity in the counties. It is estimated that about 87% of the population derive their livelihood from livestock-based activities. Livestock production 67. The Somali people have adapted to the aridity and the spatial and temporal variability in climate by herding different species of livestock and by moving frequently. They are therefore primarily a pastoral people, with about 70% of the population depending on five species of livestock for their subsistence: Camels, cattle, sheep, and goats provide most of their subsistence needs while donkeys are used to transport household goods during migrations. The livestock provide such products as milk, meat, hides, skins and ghee. The rest of the population depends on agro-Pastoralism and casual or formal labour in the urban areas. Charcoal Production & Sale 68. Charcoal is primarily produced along Modogashe and Skanska and is sold along the main road between Modogashe and Wajir. The production offers small returns to those that produce it and despite its, destructive nature, the production and sale of charcoal continues. Casual, waged labour and trade 69. The demand for casual labour in the region is in the form of building jobs. There is generalized lack of job opportunities for waged or salaried labour in the project area. Formal and informal employment, petty trade; mainly in urban and peri-urban centres support 4% of total population KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 26 - 4.5.6 Public Health 70. The lack of water in the area is a major cause of the poor standard of health endured by people along the project road. The health services in the area estimate that approximately 50% of the population are suffering from water borne diseases due to lack of clean water. The major diseases that have regularly been reported in the counties of Isiolo, Garissa and Wajir are malaria, respiratory tract infections, and diarrhoea. 71. There are very limited health centres in rural areas with few in Modogashe and Habaswein to serve a very large number of patients lowering the doctor to patient ratio. The average distance to the nearest health facility is 3 km. As mentioned elsewhere in this report, infrastructure is very poor, and there is no reliable public transport system. The result is that many people who need assistance never reach health facility. 4.5.7 Poverty Levels 72. The people of this region fundamentally depend on the natural systems and natural resources for existence and development. However, due to the harsh environmental conditions prevalent in the area, poverty levels are high, with 71% of the population living below poverty line. Poverty hinders access to basic needs such as health care, nutrition and education and in the area. 4.5.8 Physical Infrastructure 73. Roads and means of transportation are essential to diffusing knowledge and technology, which facilitate the development of communities (either rural or urban). In the three Counties, the infrastructure is generally very poor. This is only major road passing through the centres and when it rains this is impassable in many sections. There is no reliable public transport system, and most people have only one option when traveling from one place to another: to walk. Some people have bicycles, but it can be hazardous to use them on bad roads. The problem of poor roads and public transportation has negatively affected the livelihoods of the local people, for example, it is hard to get food and other supplies into these areas, and this limits trade with other regions. 4.6 Trade and Tourism 4.6.1 Trade 74. The major sectors that enable trade to thrive are the food sector where the counties are net importer of food stuffs such as maize and beans. The 3 Counties are a major producer of animal products which includes live animals that are transported to other parts of the country. Trade in the districts revolves around livestock products, general merchandise, and hospitality and service industry. Factors that inhibit trade development include poor road infrastructure, high cost of business. 4.6.2 Tourism 75. The County has tourism potential due to the presence of a rich cultural heritage of the Somali people, and various species of wild animals. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 27 - 5 LEGAL FRAMEWORK 5.1 Introduction 76. The consultant team reviewed the relevant laws of Kenya and World Bank O.P.s while reviewing the RAP. This RAP study has been carried out in line with these laws, regulations and Policies. The legal Framework of the RAP report considers these laws and legislations as relates to land acquisition, compensation and resettlement in Kenya. These are outlined below. 5.2 The Constitution of Kenya 2010 5.2.1 The power of eminent domain 77. The Power of Eminent Domain is the right of the state to acquire land, using its sovereign power, for public purpose. National law establishes which public agencies have the prerogative to exercise eminent domain. It is the right of the state or its assignees to take private property for public purposes thus ousting the individuals or private rights to property. In Chapter 4 of The Constitution of Kenya, 2010, Section 40 (3) 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 — (b) 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. 78. The Current Constitution of Kenya qualifies this power by among others specifying that there must be full just and prompt compensation whenever this power is used by the state. Having political sovereignty over a particular territory entitles state to interfere with private property rights. 79. In Kenya the Doctrine of Eminent Domain is more specifically embodied in the Land Act, 2012 (Act No. 6 Of 2012) of the Laws of Kenya, the Act that deals with modalities, rules, principals and procedures of compulsory acquisition and easements covered under Part X – Easements and Analogous Rights. However, this Act is interpreted together with a superior law, Sec 40 of the Constitution of Kenya. Once land is compulsorily acquired; private property rights are extinguished and the land reverts to the original ``grantor’’ the state. Any cancellation under subsection shall be affected in the prescribed form and the easement, or analogous right shall be extinguished on the date that the cancellation is recorded in the register. Section 110. (1) 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 fulfilment of the stated public purpose. This doctrine is not triggered as there is no land acquisition needs under this project KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 28 - 5.3 Land Act, 2012 80. The land acquisition process shall be governed by the Land Act, 2012 (Act No. 6 of 2012). The Act governs land valuation for compulsory acquisition. The Valuers Act Cap 532 provides for Valuers Registration Board that regulates the activities and conduct of registered valuers. Land Registration Act, 2012 (Act No. 3 of 2012), that regulates the valuation of land rent and valuation for renting shall be governed by the Rating Act Cap 267. Land acquisition through the application of state powers as highlighted in the Land Act, 2012 No. 6 of 2012, the acquisition is involuntary (compulsory acquisition) Methods of acquisition of title to land Section 7. Title to land may be acquired through— (a) allocation; (b) land adjudication process; (c) compulsory acquisition; (d) prescription; (e) settlement programs; (f) transmissions; (g) transfers; (h) long term leases exceeding twenty one years created out of private land; or (i) any other manner prescribed in an Act of Parliament. 81. Under The Land Act, 2012 Section 107 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 Executive Committee Member shall submit a request for acquisition of public land to the Commission to acquire the land on its behalf. The Commission shall prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. The Commission may reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements. Upon approval of a request, 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. Upon service of the notice, the registrar shall make an entry in the register of the intended acquisition. Interested persons include any person whose interests appear in the land registry and the spouse or spouses of any such person, as well as any person actually occupying the land and the spouse or spouses of such person. 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 Compensation to be paid Section 111. (1) Says 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. (2) The Commission shall make rules to regulate the assessment of just compensation. Inquiry as to compensation Section 112 (1) 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 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. (2) The notice of inquiry shall call upon persons interested in the land to deliver a written claim of compensation to the Commission, not later than the date of the inquiry. (3) At the hearing, the Commission shall— KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 29 - (a) make full inquiry into and determine who are the persons interested in the land; and (b) receive written claims of compensation from those interested in the land. (4) The Commission may postpone an inquiry or adjourn the hearing of an inquiry from time to time for sufficient cause. (5) For the purposes of an inquiry, the Commission shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to the Commission of documents of title to the land. (6) The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce evidence and to call and to question witnesses at an inquiry. Award of compensation Section 113. (1) 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. (2) Subject to Article 40 (2) of the Constitution and section 122 and 128 of this Act, an award— (a) shall be final and conclusive evidence of— (i) the size of the land to be acquired; (ii) the value, in the opinion of the Commission, of the land; (iii) the amount of the compensation payable, whether the persons interested in the land have or have not appeared at the inquiry; and (b) shall not be invalidated by reason only of a discrepancy which may thereafter be found to exist between the area specified in the award and the actual area of the land. (3) If an interest in land is held by two or more persons as co-tenants , the award shall state— (a) the amount of compensation awarded in respect of that interest; and (b) the shares in which it is payable to those persons. Notice of award Section 114. (1) On making an award, the Commission shall serve on each person whom the Commission has determined to be interested in the land, a notice of the award and offer of compensation. (2) Upon acquisition of land, and prior to taking posesion 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. (3) An agreement under subsection (2) shall be recorded in the award. Payment of compensation Section 115. (1) After notice of an award has been served on all the persons determined to be interested in the land, the Commission shall, promptly pay compensation in accordance with the award to the persons entitled thereunder, except in a case where— (a) there is no person competent to receive payment; or (b) the person entitled does not consent to receive the amount awarded; or (c) there is a dispute as to the right of the persons entitled to receive the compensation or as to the shares in which the compensation is to be paid. (2) In any of the cases referred to in paragraphs (a), (b) and (c) of subsection (1), the Commission may at any time pay the amount of the compensation into a special compensation account held by the Commission, notifying any persons interested accordingly. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 30 - Survey where part of holding is acquired Section 118. If part of the land comprised in documents of title has been acquired, the Commission shall, as soon as practicable, cause a final survey to be made of all the land acquired. The road will not require any acquisition of land within the affected areas. 5.4 National Land Commission Act (2012) 82. To resolve any conflicts that may arise during the resettlement, Article 16 authorizes the commission to establish committees for the better carrying of their functions among them compulsory acquisition process as outlined in land Act (2012). This is further cascaded to the counties according to article 18 by establishing the County Land Management Boards, in consultation with the national and county governments. The Board’s subject management of any transactions on land to scrutiny hence can be useful in resolving any disputes arising from land ownership. 5.5 The Valuers Act 83. The Act establishes a board (Valuers Registration Board-VRB) with the responsibility of registering the valuers and regulating their activities according to the provision of the Act. In this project, the Act is triggered since a registered valuer is required to carry out valuation estimates for the project according to the regulations in the Act. The Valuer who is carrying out the valuation of the affected assets on behalf of the proponent is registered in accordance to the Act. 5.6 Forests Act, 2005 84. This is an Act of Parliament to provide for the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country. Section 52. (1) Except under a licence or permit or a management agreement issued or entered into under this Act, no person shall, in a state, local authority or provisional forest - (a) fell, cut, take, burn, injure or remove any forest produce; (d) smoke, where smoking is by notice prohibited, or kindle, carry or throw down any fire, match or other lighted material; (g) Enter any part thereof which may be closed to any person; (i) construct any road or path; (j) set fire to, or assist any person to set fire to, any grass or undergrowth or any forest produce; (l) Damage, alter, shift, remove or interfere in any way whatsoever with any beacon, boundary mark, fence notice or notice board. The proposed project Proponent complies with the requirements of this policy by making a project design that is favourable to both the human, wildlife and physical environment. The proposed project will largely make use of the existing road and only deviate to provide viable re-alignment to improve on the design. The Proponent endeavours to minimize the cutting down of any trees unless it is absolutely necessary and undertakes to rehabilitate and maintain the road network environment by planting trees at the periphery of the road to enhance biodiversity and environmental sustainability. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 31 - 5.7 Kenya Roads Act Of 2007 85. This act brought into existence the Kenya National Highways Authority (KeNHA); it states that the Highways Authority shall be responsible for the management, development, rehabilitation and maintenance of national roads. For the purposes of discharging its responsibility under subsection (l), the Highways Authority shall have the following functions and duties (a) constructing, upgrading, rehabilitating and maintaining roads under its control; (b) controlling national roads and road reserves and access to roadside developments; (c) implementing road policies in relation to national roads; (d) ensuring adherence to the rules and guidelines on axle load control prescribed Cap 403. under the Traffic Act and under any regulations under this Act; (e) ensuring that the quality of road works is in accordance with such standards as may be prescribed the Minister; (f) in collaboration with the Ministry responsible for transport and the Police. Department, overseeing the management of traffic and road safety on national roads; (g) collecting and collating all such data related to the use of national roads as may be necessary for efficient forward planning under this Act; (h) monitoring and evaluating the use of national roads; (i) planning the development and maintenance of national roads; U) advising the Minister on all Issues relating to national roads; (k) preparing the road works programmes for all national roads; KeNHA will ensure that the appointed Contractor executing the construction works of upgrading the Proposed Modogashe- Wajir Road (A13) erects appropriate road signs, creates motorable deviations and ensures all other requirements by this act are implemented to the letter. 5.8 Land Registration Act, 2012 86. Section 16. (1) The office or authority responsible for the survey of land may rectify the line or position of any boundary shown on the cadastral map based on an approved subdivision plan, and such correction shall not be effected except on the instructions of the Registrar, in writing, in the prescribed form, and in accordance with any law relating to subdivision of land that is for the time being in force. 87. Section 21. (1) Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand shillings or to both. Section 26. (1) The certificate of title issued by the Registrar upon registration, or to a purchaser of land upon a transfer or transmission by the proprietor shall be taken by all courts as prima facie evidence that the person named as proprietor of the land is the absolute and indefeasible owner, subject to the encumbrances, easements, restrictions and conditions contained or endorsed in the certificate, and the title of that proprietor shall not be subject to challenge, except — (a) on the ground of fraud or misrepresentation to which KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 32 - the person is proved to be a party; (b) where the certificate of title has been acquired illegally, un-procedurally or through a corrupt scheme. (2) A certified copy of any registered instrument, signed by the Registrar and sealed with the Seal of the Registrar, shall be received in evidence in the same manner as the original. Section 31. (1) If a certificate of title or a certificate of lease has been issued, then, unless it is filed in the registry or the Registrar dispenses with its production, it shall be produced on the registration of any dealing with the land or lease to which it relates, and, if the certificate of title or the certificate of lease shows all subsisting entries in the register, a note of the registration shall be made on the certificate of title or the certificate of lease. Section 93. (1) Subject to the law on matrimonial property, if a spouse obtains land for the co-ownership and use of both spouses or, all the spouses, (b) the Registrar shall register the spouses as joint tenants. (2) If land is held in the name of one spouse only but the other spouse or spouses contribute by their labour or other means to the productivity, upkeep and improvement of the land, that spouse or those spouses shall be deemed by virtue of that labour to have acquired an interest in that land in the nature of an ownership in common of that land with the spouse in whose name the certificate of ownership or customary certificate of ownership has been registered and the rights gained by contribution of the spouse or spouses shall be recognized in all cases as if they were registered. (3) Where a spouse who holds land or a dwelling house in his or her name individually undertakes a disposition of that land or dwelling house, (a) the lender shall, if that disposition is a charge, be under a duty to inquire of the borrower on whether the spouse has or spouses have, as the case may be, have consented to that charge; or (b) the assignee or transferee shall, if that disposition is an assignment or a transfer of land, be under a duty to inquire of the assignor or transferor on whether the spouse or spouses have consented to that assignment. (4) If the spouse undertaking the disposition deliberately misleads the lender or, the assignee or transferee by the answers to the inquiries made in accordance with subsection (3) (a) or (3) (b), the disposition shall be void at the option of the spouse or spouses who have not consented to the disposition. Section 98. (1) An owner of land or a lessor may, by an instrument in the prescribed form, grant an easement over the land, lease or a part of that land to the owner of another parcel of land or a lessee for the benefit of that other parcel of land. (2) The owner of land or a lessor referred to in subsection (1), who is transferring, assigning or leasing land or a lease may, in the transfer, assignment or lease, grant an easement for the benefit of the land transferred, assigned or leased over the land retained by him or her or reserve an easement for the benefit of land retained by him or her. (3) An instrument creating an easement shall clearly specify— (a) the nature of the easement and any conditions, limitations or restrictions subject to which it is granted; (b) the period of time for which it is granted; (c) the land, or the specific part of it burdened by the easement; and (d) the land to benefit from the easement, and shall, required by the Registrar, include in a plan that sufficiently defines the easement. Section 103. (1) A person who— (a) knowingly makes a false statement, orally or in writing, in connection with a disposition or other transaction affecting land or any other matter arising under this Act, or (b) knowingly gives a false information or makes a false statement, either orally or in writing, in connection with a call for information made under this Act or in connection with an investigation into the commission of any offence under this Act; (c) fraudulently procures—(i) the registration or issue of any certificate of ownership, or any other KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 33 - document or instrument relating to the land; (ii) the making of a entry or the endorsement of a matter on a document or instrument referred to in subparagraph (i); or (iii) the cancellation or amendment of the documents, instruments, entries or endorsements referred to in this paragraph. (d) fraudulently alters, adds to, erases, defaces, mutilates or destroys any document or instrument relating to land or any entry on or endorsement of any such document or instrument; suppresses or conceals from the Registrar, or any authorized officer exercising powers under this Act, or assist or joins in so doing, any material document, factor matter, commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or to both such fine and imprisonment. This Act is not triggered as there is no land acquisition needs under this project 5.9 Community Land Act, 2016 88. The Community Land Act, No. 27 of 2016 gives effect to Article 63 of the Constitution of Kenya, which provides for a classification of land known as Community Land. The Constitution provides that community land shall vest in and be held by communities. It provides for the recognition, protection and registration of community land rights and the management and administration of community land. It also describes the role of county governments in relation to unregistered community land and related matters. The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of Kenya) and the Trust Lands Act (Chapter 288 of the Laws of Kenya). The salient features of the Act are: the definition the word “community” beyond ethnic identity, the classification of land tenure, the mode of registration of community land rights, creation of the office of the community land registrar and register, recognition of community land rights, limitation of compulsory acquisition of community land, the role of county government with respect to Community land establishment of Community Land Management Committee, mode of converting community land and benefits sharing in community. The land in the project area is community land, held by county governments in trust for communities. This Act is thus pivotal especially in the resettlement programs that may ensue as a result of project works. 5.10 Land Control Act Cap 302 89. This is an Act of parliament to provide for controlling transactions in agricultural land. The Act requires approval of the Land Control Board for the following transactions to be legal and valid; (a) The sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land which is situated within a land control area; (b) The division of any such agricultural land into two or more parcels to be held under separate titles, other than the division of an area of less than twenty acres into plots in an area to which the Development and Use of Land (Planning) Regulations, 1961 for the time being apply; (c) The issue, sale, transfer, mortgage or any other disposal of or dealing with any share in a private company or co-operative society which for the time being owns agricultural land situated within a land control area.There will be no need to acquire additional land as the road improvement activities will take place on the existing KeNHA wayleave KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 34 - 5.11 World Bank Safeguard Policies Relating to Relocation and Resettlement 5.11.1 Involuntary Resettlement: OP 4.12 90. The Bank's Operational Policy 4.12: Involuntary Resettlement is triggered in situations involving involuntary taking of land and involuntary restrictions of access to resources. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced persons in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and resettlement assistance to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. Bank experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. The Proponent complies with the requirements of OP 4.12. An ESIA Study has been carried out to assess project impacts and identify alternative routes to avoid structures where feasible and minimize involuntary resettlement. The potential economic and social impacts of the project have been assessed and cost of compensation determined in this report. Project-affected persons, host communities and other stakeholders have been consulted. PAPs have been informed of their rights including prompt compensation at full replacement cost for loss of assets attributable to the project; assistance during relocation, and transitional support and development assistance. 5.11.2 Indigenous People: O.P. 4.10 91. The World Bank policy on indigenous peoples, OP/BP 4.10, Indigenous Peoples, underscores the need for Borrowers and Bank staff to identify indigenous peoples, consult with them, ensure that they participate in, and benefit from Bank-funded operations in a culturally appropriate way - and that adverse impacts on them are avoided, or where not feasible, mitigated or minimized. This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous Peoples, the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 35 - Indigenous Peoples are identified as possessing the following characteristics in varying degrees: self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; presence of distinct customary cultural, economic, social or political institutions that are separate from those of the dominant society and culture; and have an indigenous language; often different from the official language of the country or region. In Kenya, the indigenous peoples are mainly the pastoralists (estimated to be 25% of the national population) and hunter-gatherers as well as some fisher peoples and small farming communities. There is no specific legislation governing indigenous peoples in Kenya. The 2010 Constitution, however, specifically identifies minorities and marginalized communities as groups that are in need of heightened protection and attention from the state. The constitutional definition of minorities/marginalized communities, being broad, encompasses most of the groups that identify as indigenous peoples. Where this bank policy (Indigenous People: OP/BP 4.10) might be triggered for pastoral communities who reside in the arid and semi-arid lands and who depend on pastoralism for their livelihoods and qualify to be classified as indigenous peoples facing resource insecurity, poor service delivery and hence the Social needs assessment will address the needs of the said groups in improving the service delivery through new projects in the settlements. 5.12 Land Tenure and Related Legal Issues 92. Land tenure refers to the terms and conditions under which rights to land and land-based resources are acquired, retained, used, disposed of, or transmitted. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources, for how long, and under what conditions. Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Alternatively, they may be relatively poorly defined with ambiguities open to exploitation. In broad terms, land tenure rights are often classified according to whether they are formal/statutory or informal/customary.  Formal property rights may be regarded as those that are explicitly acknowledged by the state and which may be protected using legal means. Statutory land tenure system is governed by modern law and supported by documentary evidence, such as a title deed or lease certificate, and administered by the government.  Land ownership under the statutory tenure system is often built on freehold or leasehold entitlements to the land and offers exclusive rights to the owner, which guarantee land tenure security.  Informal property rights are those that lack official recognition and protection. Customary land tenure system is governed by unwritten traditional rules and administered by traditional leaders. Active occupation or usage of a piece of land is the main evidence of ownership or an existing interest on the land. In customary tenure, access to land is contingent upon tribal or community membership controlled by the chief. Households have strong, exclusive residential rights, KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 36 - seasonally exclusive rights to arable land, and shared rights to grazing land and natural resources. Land is not alienable from the community trust, so it cannot be used as collateral for loans. Land tenure is often categorized as: 5.12.1 Public Land 93. This is land owned by the Government for own purpose and which includes unutilised or delineated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Land Registration Act, 2012. 5.12.2 Community Land 94. Community land refers to land lawfully held, managed and used by a specific community. It is a right of commons that exists within a community where each member has a right to use independently the holdings of the community. For example, members of a community may have the right to graze cattle on a common pasture. This creates a system of land allocation regimes and a tenure system designed to preserve the asset base for current and future generations. Communities traditionally see land and kinship in a genealogical map through which access to land is attained. Families and individuals are allocated rights to use the land in perpetuity, subject only to effective utilization. The ultimate ownership (radical title) vests in the community. 5.12.3 Private Land 95. Private land refers to land held by an individual or other entity under freehold or leasehold tenure. It is the assignment of rights to a private party who may be an individual, a married couple, a group of people, or a corporate body such as a commercial entity or non-profit organization. For example, within a community, individual families may have exclusive rights to residential parcels, agricultural parcels and certain trees. Other members of the community can be excluded from using these resources without the consent of those who hold the rights. Alienation of private rights to land shall take into account all other legitimate rights or interests (spouses and children rights or interests) held or claimed by other persons over the affected land. Private land may be held under either of the following tenures;  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. The Land Registration Act, 2012 of the Laws of Kenya governs freehold land. Freehold connotes the largest quantum of land rights which the sovereign can grant to an individual. The absolute proprietorship was introduced with the intention of extinguishing customary tenure and replacing it with rights that would be individually and exclusively held.  Leasehold Tenure Leasehold is an interest in land for a definite term of years and may be granted by a freeholder, usually subject to the payment of a fee or rent and is subject to certain conditions, which must be observed. e.g. relating to developments and usage. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 37 - a) Other Interests include:  Reservations of other government or trust land to government ministries, departments or Parastatals for their use.  Non-formalised defacto tenure by which people, individually or in groups invade and occupy other peoples’ land or government land particularly in the major urban centres.  Minor interests such as easements, way-leaves and temporary occupation licences. 5.13 Valuation and Related Legal Issues 96. The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Land Registration Act, 2012 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Act 2012 governs valuations for compulsory acquisition purposes.The land, structures, trees/crops and income affected by the proposed project have been evaluated by a registered valuer following the relevant legislation stated above. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 38 - Table 7: Comparative of Kenyan Law and World Bank OP 4.12 Requirements on Compensation Category of PAPs and Kenyan Law World Bank OP4.12 Covering any gaps Type of Lost Assets Land Owners Cash compensation based upon market value Recommends land-for-land compensation. Apply World Bank under statute. Land for Land Other compensation is at full replacement requirements cost, including administrative costs Land Tenants Entitled to compensation based on the amount PAPs are entitled to some form of Land tenants, including illegal of rights they hold upon land under relevant compensation whatever the legal/illegal occupiers/squatters to be laws. Illegal occupiers/squatters not entitled recognition of their occupancy. compensated for lost to compensation structures/crops, in accordance with WB requirements Land Users In some cases land users have some form of Entitled to compensation for crops, may be Land users, including illegal secured tenure extended to them under new entitled to replacement land and income occupiers/squatters to be laws. In other cases land users are not entitled must be restored to at least pre-project compensated for lost to compensation for land. levels. structures/crops, in accordance with WB requirements Owners of Temporary Cash compensation based on market value or Entitled to in-kind compensation or cash Buildings entitled to new housing on authorized land compensation at full replacement cost Apply World Bank under government (state or local) housing including labor and relocation expenses, requirements programs. prior to displacement. Owners of Permanent Cash Compensation is based on market value. Entitled to in-kind compensation or cash buildings compensation at full replacement cost Apply World Bank including labor and relocation expenses, requirements prior to displacement. Perennial Crops Cash compensation based upon rates As per specifications of this RPF, once calculated as an average net agricultural approved by the Bank and disclosed at the Apply World Bank income. Bank external website, requirements Stakeholder Kenya laws provides for procedures for Displaced persons to be meaningfully Apply both World Bank and Engagement engagement for project affected persons by consulted from conception, planning, to Kenyan Legislation National Land Commission. implementation phase KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -0- Category of PAPs and Kenyan Law World Bank OP4.12 Covering any gaps Type of Lost Assets Grievance redress Constitution of Kenya encourages application For resettlement accessible, affordable and Implement both WB and Kenya mechanism of traditional dispute resolution in land appropriate grievance redress mechanism legislation that incorporates conflicts. be established and consider availability of both traditional as well as judicial recourse and traditional settlement opportunity for legal redress Land Act 2012 clearly outline the steps mechanism system and process for grievance redress that includes alternative dispute resolution, re-negotiation with NLC and is backed by the judicial system through Environmental and Land Court. Constitution of Kenya Vulnerable groups as Amendment Land Act 2016 under mandatory In the institutional arrangements, the Implement both WB and Kenya well as VMGs procedures during eviction include special vulnerable groups such as indigenous legislation that recognizes measures to ensure people, ethnic minorities, landless, and vulnerable groups effective protection to groups and women be adequately represented people who are vulnerable such as women, children, the elderly, and persons with disabilities; Constitution of Kenya under implementation of rights and fundamental freedoms State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities. In a case of differences between Kenyan laws and World Bank Operational Policy, the latter will prevail KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -1- 6 PARTICIPATION AND CONSULTATION 6.1 PAP and Community Consultation 97. The PAP consultation process involved carrying out a census survey of all households affected by the proposed project along the 157 kilometre stretch of the road (60 meters wide). The aim of the PAP consultation was to inform them of the proposed project and how they will be affected and evaluation of settlements and other resources that will be affected by the road project. The census survey, field identification of PAPs and affected land, structures and trees was carried out from Monday 12th Feb, 2018 to Wednesday 23rd February, 2018. The RAP Review activities were carried out between 20th February 2019 and 23 March 2019 98. As provides by O.P. 4.10, Free Prior and Informed consultations were held with community members. Ten (10) community meetings and eight (8) affected person’s consultation meetings were held at the various points along the existing Modogashe- Samatar-Wajir Road during the initial RAP and during the RAP review and update. The PAP community members were invited to the project related meetings by passing notices of meeting through the chiefs, assistant chiefs and village elders. During the various meetings, the PAPs were notified and informed about the planned road improvement project, its benefits, resettlement and related impacts. They fully supported the project as they were able to perceive its benefits; it will boast the local economy and provide easy means of transport for people and goods. The upgrade of the road will improve transport to and from the region, enhance economic growth and enable easy transportation of goods/services and create more investment opportunities to both the local people and people from outside the region. This helped in establishing and confirming broad community support for the project. This broad community support will be maintained and enhanced during the various project phases by continuously consulting and informing the PAP community on the project status and impacts and addressing the concerns they raised during the RAP process as outlined on Table 10. Consultations were carried out with the community, key stakeholders, local leaders and PAPs through direct verbal interaction with them, oral interviews and the administration of relevant questionnaires. Stakeholders in the project area were identified and consulted with the objective of establishing the existing socio-economic conditions and community needs within the proposed project area and the immediate surroundings. This was done through visits to various government offices and also during the community consultation meetings. 99. Free Prior and Informed Consultations community meetings were held with a view to achieve the following:  to brief project affected persons and interested parties on the various aspects of the proposed project positive and negative impacts and activity schedules.  elaborate on the proposed mitigation measures to address negative impacts, compensation procedure and timelines, resettlement of PAPs and livelihood restoration measures and assistance.  validation of the cut-off dates. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -2- 6.2 Public Consultation Meetings Table 8: Community Consultation Meetings in RAP preparation Nr Dates Administrative Venue Participants by Total No. of Location sex Participants Male Female 1. 17th Feb. 2018 at Modogashe/ Modogashe/ Sericho 8 8 16 9.00am Komorbula Market 2. 16th Feb. 2018 at Skanska Skanska Market 19 6 25 11.00am 3. 18th Feb.2018 at Habaswein Habaswein KNLS 65 21 86 9.00am Town Hall 4. 17th Feb. 2018 at Lagdima Lagdima Centre 11 5 16 12.00 noon 5. 18th Feb 2018 at Kanchara Kanchara Grounds 32 36 68 12.00 noon 6. 18th Feb 2018 at Samatar. Guticha Centre 11 17 28 3.00 pm 7. 14th Aug 2018 at Lagbogol West Laghbogol Chiefs 18 36 54 10.00am Baraza Park 8. 13th Aug 2018 at Bojiyare West Borjiyale Centre 39 22 61 2.00 pm 9. 13th Aug 2018 at Leheley South Leheley AP Camp 31 17 48 10.00 am 10. 15th Aug 2018 at Township Wajir Township 44 44 88 10.00 am Baraza Park Total 278 212 490 Table 9: PAP Consultation Meetings in RAP review Nr Dates Administrativ Venue Participants by Total No. of e Location Gender Participants Male Female 1. 13th Mar 2019 at 9.00 am Modogashe/ Sericho- Modogashe 16 20 36 Komorbula 2. 13th Mar 2019 at 2.00 pm Ilan Skanska Centre 20 01 21 3. 12th Mar 2019 at 10.00 am Habaswein Habasweni Baraza 38 18 56 Park 4. 12th Mar 2019 at 2.00 pm Lagbogol Lagbogol Baraza 33 07 40 West Park 5. 14th Mar 2019 at 10.00 am Leheley South Leheley 37 11 48 6. 18th Mar 2019 at 10.00 am Alimao/Furaha Wajir Town/ 43 07 50 /Hodhan Shikuku Centre 7. 17th Mar 2019 at 2.00 pm Township Wajir Town - 31 Township Chief’s Office 8. 18th Mar 2019 at 4.00 pm Township Wajir -Township 32 15 47 Loc Total 329 6.3 Objectives of Public Information and Consultation 100. Public information and awareness creation enlighten the PAPs on the importance of the project and how to positively handle the project impacts in a sustainable way. This is KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -3- important in order to ensure that correct and accurate information is shared and misconceptions and wrong information does not take root thus interfering with the smooth implementation of the project. The specific objectives of the consultation process were:  To create awareness and garner up support for the proposed project;  To engage the local community especially the Interested and Affected Parties about the project benefits, problems they anticipate with the project and how these can be overcome and mitigated against;  To consult and gather recommendations from the local administration e.g. Assistant County Commissioners (ACCs) and Deputy County Commissioners (DCCs, Chiefs, Assistant Chiefs, MCAs, Village Elders and communities that have a stake in the project; The above participatory approach ensured the participation and consultation of key stakeholders was achieved in the process. Mobilization of all field activities was undertaken through the office of the County Commissioner and state officials falling under this office i.e. chief and sub-chiefs. Local county officers were involved in the process. Subsequently, announcements were done in local barazas, churches, and mosques in the local dialects or in Swahili. This ensured participation was carried out in a non-coercive, open, transparent manner, free from any forms of intimidation or duress. During meetings, information was shared in Swahili as the national language, and where necessary among the Somali and Borana, translations provided by the local chiefs or religious leaders. Where community needed to undertake discussions, more so among the Somali and Borana, they were allowed to have the conversations in their local dialects, the consultant utilized the leadership present to collect material on translations to guide the reporting in this RAP. In most cases, questions where possible were asked in Swahili. The number meetings were held within the settlements, at locations used for area community meetings e.g. community baraza parks. As such majority of the meetings were held in the open air or under trees to make sure they were accessible. All PAPs, male and female, youth, opinion leaders, structure owners, tenants etc. were notified of the meetings and the consultant ensured everybody was involved in the meetings and contributed to the discussions. The consultant also made deliberate efforts to informally meet the women to understand their issues to inform the RAP process. In all meetings, the consultant sought to understand and respond to the PAPs queries and provide relevant guidance on where and how any additional information would be obtained from.  To provide an opportunity to all the communities in the areas where the proposed road upgrade project is expected to pass to raise issues and concerns pertaining to the project and allow the identification of alternatives and recommendations.  Provide correct and accurate information regarding the project. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -4- Plate 3: RAP Consultant explaining NLC Plate 4: Community Meeting at Habaswein with a compensation process during a PAP meeting at PAP raising a Question Laghbogol Plate 5: A woman participant raising her project Plate 6: A section of women PAPs following the related questions during a FGD at Samatar. proceeds of the PAPs meeting 6.4 Interviewing and Questionnaire Administration 101. The Consultant team was able to carry out interviews with the PAPs and key stakeholders during the field census survey. A household questionnaire was used to collect information from PAPs for reviewing the Information collected by previous consultant. The household interviews were carried out on the PAPs to collect personal information of the PAPs including name of asset owner/household head, ID No., Telephone Contacts, gender, marital status, level of education, occupation, land ownership, land size, information on structures within the road ROW of the PAP land parcel including their GPS coordinates. Refer to Annex 3 for the list and details of stakeholders consulted and this is summarised as follows: - Type of stakeholder engaged Number National Government 13 Opinion and religious Leaders 11 County Government 3 NGOS 1 PAPs 329 VMGs Represented by PAPs, Religious and opinion leaders, Chiefs and Assistant chiefs KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -5- 102. The community, PAPs as identified during the asset inventory and key stakeholders as identified with the help of chief’s office were invited to attend the public consultation meetings via direct phone calls, public announcement through local churches and mosques, through the Assistant Chief and Chiefs Offices where direct contact with the PAPs and key stakeholders were made. Consultation Meeting Agenda Agenda of the consultation meetings included the following: 1. A word of prayer by one of the participants. 2. Introduction of the participants. 3. Purpose of conducting the Consultation Meeting. 4. The proposed upgrade of Modogashe - Samatar - Wajir Road (A13), - Project impacts - Displacement of Persons, Compensation and Resettlement - Mitigation of project impacts 5. Views of the Participants on the Proposed Project. 6. Closing Remarks by Consultant. 8. A.O. B and Closing Prayer. 6.5 Key Issues Raised by the Community, PAPS and Stakeholders 103. The community, PAPs and key stakeholders raised similar issues during the census survey and during the various consultation meetings. They wanted clarifications and assurances regarding the process of property evaluation, compensation payment, offering of resettlement assistance and job opportunities to the locals and mitigation measures during project implementation to reduce anticipated impacts. The issues raised together with the responses given are in Table 10 below; Table 10: Issues raised and responses during PAP consultation meetings. No. Question Raised Response Given. 1. PAPS wished to know the plans that are in place to The consultant assured the PAPs that all compensate the affected persons for their properties. affected assets will be compensated at full They desired that enough time will be given to all the replacement cost and that an asset inventory PAPs to relocate elsewhere once they are compensated survey would be carried out to ensure that all and not to be hurried out of their current homes and the affected property is inventoried for business premises. valuation purposes. They were also assured that after compensation, there will be adequate notice (minimum of 30 days) to relocate and also time to salvage materials from compensated properties without the actual cost being reduced. 2. They wished the recruitment process for available job They were assured that job opportunities will opportunities to be very transparent so that not only the be equally competitive to all the people people who are closely connected to the chief and other regardless of gender, influence or association, local leaders benefit but all qualified and able local the consultant however clarified that priority persons be given equal employment opportunity in the will be given to the PAPs and then to other project community members. He advised the PAPs to organise themselves and also start training to equip themselves with relevant skills in the fields of expertise they may wish to be employed in once the construction activities of the project commence. 3. There was concern about the road elevation with the They were assured that the design will take PAPs requesting for a road which is of low level to into consideration the issue of livestock KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -6- No. Question Raised Response Given. enable their livestock access the opposite side of the crossing and provide necessary crossing road with ease points for the livestock and other animals. 4. There was concern on whether there could be bridges The consultant assured that where necessary, constructed over the laggas and drifts to replace the modern bridges will be built to ensure quality current ones which have occasionally been flooded and and standard of the road. destroyed during the heavy rain seasons making the roads impassable at the drift crossings. 5. Some community members were pessimistic on the The consultant assured the PAPs that the road realization of the project and its benefit to the local will be constructed when all the required steps community saying that there has been too much talk are attained. and endless promises they claim have been done by various leaders at various forums on the upgrade of the road, but no tangible work has been done on the road. 6. Concern was also raised over the risk that the The consultant assured that all safety measures rehabilitated road might pose to livestock and local will be included in the design and that community as they cross it or to those who might be pedestrian and livestock safety will be living near the road. The local participants were eager considered, as well as the places where they to know what the design had provided to curb possible cross the road and all other safety measures accidents. They proposed that the road will have bumps including speed calming methods and road at the town centres and other areas where animals cross. signs will be put in place to ensure the safety They also recommended the use of proper road signs to of the local people as well as the other road inform the road users and the drivers of crossing users. animals and pedestrians and other necessary uses. 7. Community members did not know the size of the road The road reserve is supposed to be 60m in the reserve and most of their plots/lands had no registered entire stretch apart from Habaswein where documents. They were therefore concerned whether decision was made to use only 30m of the road they will be compensated without the legal documents reserve. to prove ownership of land They were told that there will be methods and plans on how to handle all ownership issues legally and that no person with genuine entitlement to any property will lose it without compensation. 8. Concern was expressed over the possibility of the road The consultant informed that the issue of project affecting graves within the proposed road graves was identified and a decision made that corridor and what will be done to them during the road the road will be fitted in the available corridor, construction. The community expressed fear over the and if necessary, be rerouted so as not to possibility of the graves being moved citing that it was disturb the dead, the graves will be avoided. a taboo to move the dead from their graves. Secondly, the Somali community does not bury their dead in coffins hence moving the graves would be more difficult when the body is not in a coffin. 9. The participants were concerned about cutting down of The consultant assured that the environmental acacia trees which are on the proposed way leave. They department will ensure that in case trees are said that besides being of use as shades for the people cut down during construction they will be and their livestock during the hot seasons, some offer replanted after the construction to ensure that shelter and shade where community meetings are held the environment is restored. hence having sentimental values to the community. Secondly, these acacia trees produce pods which are used as food for both humans and animals especially during the dry season 10. The PAPs wanted to know what will happen if the road The consultant assured that in case public affects water sources e.g. water pans and boreholes and social amenities are affected, they will be other public social amenities replaced, this include water pans, boreholes and water pipes. 11. The PAPs wanted to know if government assumes They were informed that they will be given ownership of affected property after they are permission to salvage materials from the compensated, or they can be allowed to demolish and compensated structures. move the materials to their new locations 12. They also wanted to know if compensation will be paid Every person will be compensated privately in directly to the PAPs bank accounts or shall be paid his/her own bank account. through their leaders. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -7- No. Question Raised Response Given. 13. Also, there was the issue raised that the PAPs were The money paid for compensation will be tax fearing that the money Compensated will be taxed free. 14. Since it is inevitable for the informal traders to vacate The date for notices to vacate will be the road reserve for the much-needed improvement, determined and communicated by KeNHA as how soon would the construction start. soon as possible before the project commences. However, a notice would be issued to the affected persons when the time for construction starts. 15. There were People whose structures are too close to the The exercise to determine the properties that road reserve and are considered to have encroached, have encroached on the road corridors will be they wanted to know what will happen to their carried out by KeNHA to establish the extent structures. of encroachment and the affected persons. Once that is done they will be notified and the next cause of action communicated. 16. There were also other people who had ongoing They were informed that the forum and the constructions and others planning to start their consultants could not address their plight but constructions along the road corridor though they were they could seek intervention of the County apprehensive about the proposed improvements and Government as regards development sought to know if they will stop their constructions and guidelines and other regulations to adhere to await the road construction when investing next to the road. 17. The PAPs also wanted compensation to be paid to The guidelines detailing the payment of everyone affected regardless of whether they were in compensation as detailed in the Constitution the road reserve or not since according to them they did of Kenya and the relevant laws and any other not previously know the extent of the road reserve. policy guidelines will be adhered to mitigate the negative impacts to affected persons. 18. The participants sought to know whether the road could This was noted as a recommendation. not be relocated elsewhere or fitted within the available space rather than upgrading it particularly at Graveyards will be affected and but according to their culture and religion it will not be possible to relocate or tamper with graves. 19. The participants suggested that through KeNHAs The participants were informed that corporate social responsibility the displaced persons by appropriate decision will be made in the roadside be provided with a market elsewhere to collaboration with the County government continue with their commercial activities since it was who have the mandate to regulate trade and clear the county government had no plans of providing developments within their areas of jurisdiction a new market within Wajir township. before the project is launched. It was also noted that there was an unoccupied market already in place. 20. The participants requested the presence of the local They were informed that all the key players leadership and County Government representative in will be involved as they will be involved in the future consultations as they were responsible for the resettlement exercise as a local authority. demolitions that causes the informal They were encouraged to form Project Ad-hoc Businesses and hawkers a lot of losses and huge losses Committees to articulate their concerns on the of livelihood. road upgrade project impacts. 21. It was observed that higher speeds and increase in They were informed that safe pedestrian traffic are expected once the upgrade is realized crossings, speed calming methods, road signs meaning higher accident rates if people are not and other safety measures will be incorporated sensitized on road safety. Currently young children in the upgrade. Safe animal crossings will be have to cross the roads to access school facilities and provided particularly in areas where livestock women cross the road in search of water and other has to cross the road for to access grazing areas household items and therefore, speed calming methods, or the water pans. bumps and road signs will be in place for both people and their livestock. 22. Social facilities inadequacy in the areas was raised and It was appreciated and explained that the the participants requested if the project could provide project would consider such requests as part of them. These include markets, schools, water points for the corporate social responsibility. The both domestic and livestock usage and health centres. community was encouraged to detail their They proposed that if possible the project could requests for the facilities to be considered for refurbish and equip the existing health facilities along provision in conjunction with relevant the road that are in-adequate, offer power and piping to authorities. their water sources to be availed near the residential and if possible fence them for the safety of their children and livestock. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -8- No. Question Raised Response Given. 23. The Issue of employment during construction for the The participants were informed that there was local communities along the construction areas a government policy on such matters but the particularly the youth was raised in almost all the PAPs Contractor would be guided by the labour laws meetings. and the skills available in the vicinity that he would require. It was important for those willing to be considered to acquire necessary skills to be competitive in such employment. 24 Workers from outside the community engaged in All in-migration workers will be furnished construction may bring with them alien cultures, which with an ethics code on how to interact with the may corrupt our youth. locals in a respectable manner. 6.6 Meetings during Implementation 104. The proponent will continuously hold meetings and consult with the PAPs during the Project Implementation Period as a means of information dissemination, evaluation and monitoring the progress of the resettlement process. It will be important that the PAPs comfortably settle and continue with their lives. Some of the PAPs will be offered employment opportunities as semi-skilled and unskilled labourers and hence there will be continued communication with a sample of the affected people during project implementation. This will ensure continued support to the project by all the stakeholders since they will directly fetch the benefits that accrue from the project. There will be further consultations when compensation offers will be given to the PAPs including actual date of compensation and demolitions. These consultative meetings shall include all stakeholders. The information gathered from the project area will be confirmed with the local administration, county government and finally at the Ministry of Land to confirm who the registered land owners are so that compensation for the land and other assets is released to them. 6.7 Information Dissemination 105. All stakeholders must be consulted and be effectively involved in a two-way communication with the project sponsors. Special efforts will be made to consult with women and vulnerable PAPs (physically challenged persons, widowed and the elderly persons). Supply of information and consultation with different stakeholders shall be through a language and medium they are comfortable with. In certain cases, for example, the affected asset valuation process, where the process is not easily understood by the people, KeNHA through NLC shall take responsibility for simplifying and ensuring that the whole process is understood by the project affected persons, using appropriate methods of communication. 6.8 Public information booklet (PIB) and the use of FM Radio 106. A public Information booklet is used to provide information to the PAPs and other stakeholders. The information on the booklet includes possible questions and answers on the proposed project. These questions and answers on PIB are used as a guideline to facilitate communication between the proponent and the stakeholders. The object of having the PIB is to ensure that PAPs, their representatives and local governments in the affected areas fully understand the details of the resettlement programme and are fully informed as to the compensation and upgrade packages applicable to the Project. The PIB will be prepared by KeNHA and distributed to all PAPs in the Project area. Where necessary the Local Administration will be engaged to interpret the PIB in local languages and through the use of the Local FM stations to ensure the information is distributed and KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -9- received clearly since majority of the PAPs especially women have very low literacy levels in the region. 107. Contents of the PIB will include; Brief description of the Project, Implementation Schedule, Project Impacts, Entitlements and Rights of PAPs, Resettlement and Upgrade policies for all types of impacts, institutions responsible for resettlement, Information dissemination to and consultations with PAPs and what to do if PAPS have a question and/or problem, Specific entitlements of PAPs, Description of the detailed impact of the Project on specific households, Compensation rates for each type of impact, Options for resettlement and upgrade and Date for delivery of entitlements KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 10 - 7 VALUATION AND ENTITLEMENTS AS COMPENSATION FOR LOSSES 108. This section describes the methods used in valuation of land, trees and structures eligible for compensation consistent with either Kenyan laws or policies. The assets affected by the proposed upgrade of Modogashe - Samatar - Wajir Road have been valued on the basis of their net current realisable replacement value for compensation purposes. Generally, the principle of which compensation is based is that the value to the owner of the land taken would be greater than the market value. This is because there are questions of severance, injurious affection and disturbance. The only compensation to a disposed owner would be to put him into a position to reinstate him on the ‘other land’ so as to be able to carry on his activities substantially, unaltered and undiminished. This would be a basis for compensation known as equivalent reinstatement. 7.1 Inventory of Assets and PAPs 109. In order to prepare for compensation and other resettlement benefits, it is imperative that a comprehensive asset and affected person’s inventory in the designated areas for the different project components was done. Such an inventory was conducted by a multidisciplinary team composed of the 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. Table 11: Number of Project Affected Persons along the Modogashe - Wajir Route Nr. Project Areas Number of PAPs in Number of PAPs in Initial RAP Reviewed RAP 1. Modogashe 28 32 2. Skanska 57 42 3. Habaswein 80 58 4. Lagdima 17 20 5. Kanchara 49 89 6. Samatar/ Guticha 16 20 7. Laghbogol Town Centre 117 155 8. Busibusi Location 21 62 9. Borjiyare Location 48 48 10. Leheley Town Centre 154 154 11. Alimahu, Furahia & South C 31 31 12. Bypass (Baruwako,Jogoo & Halane) 50 50 13. Wajir CBD & Township 83 83 Total 751 844 110. The number of affected asset owners fluctuated in certain centres/ settlements during the RAP reviewed due to the reduction of the area to be used for road construction. At Habaswein, the width of the road was adjusted from 60 to 30 meters to avoid the possible demolition many permanent buildings which are located on the road reserve and on both sides of the current carriageway. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 11 - 7.2 Property Losses 111. As per the cut-off date of 21st February 2018 and 18th August 2018, 844 asset owners will be affected by the road project. 7.3 Compensation Policy for Loss Structures 112. The Project will not acquire additional land as KeNHA already has enough 60m wide way leave except for the bypasses, and where there will be need for minor realignments for geometrical purposes. Therefore, structures developed on the road reserve will require to be relocated to provide suitable and enough space for the proposed works in settled areas. Excavation of the existing road during construction and opening new areas for road deviations will be done. From these deviations, the road project will result in the loss of existing temporary structures on the RoW since the alignment already exists and there will be needed to maintain traffic flow during construction. Where relocation of communal structures is envisaged, the same will be relocated on other community land available in the area. Voluntary land donation as outlined in the Resettlement Policy Framework will be used. The principles for compensation for this Project are as given below: 7.3.1 Valuation for Compensation of Structures 113. The valuation basis adopted for valuing the developments on the land taken for compensation is the full replacement value or equivalent reinstatement basis or probable cost of acquiring similar premises for the same purpose This is the amount it would cost to search for a supplier of the construction material, the cost to purchase, transport and insure the materials to the site, and the costs of erection of the premises, including professional fees, and completed to a standard as existing at the valuation date. 114. It is noted that the structures have not been valued at market value because replacement cost is not synonymous with value. The main purpose of valuing the structures for compensation is to reinstate the owner to build similar structures on another site. In obtaining the unit cost for reinstatement the RAP took into consideration the cost of construction rates recommended by Ministry of Public Works and the requisite disturbance cost as indicated in the law. 7.3.2 Valuation for Compensation of Trees 115. The trees were valued based on compensation schedules prepared by the Kenya Forest Service for various species depending on age and its future potential. The Consultant also take into account the extent of utilization, type of species, quality of logs, diameter of the logs and quality of the log. The trees that were physically assessed were those mainly in settlement areas which may account for approximately 15% of the whole stretch of 157 kilometres. Outside of these settlements, the corridor is sparsely settled and trees are naturally occurring on the road reserve which belongs to KeNHA. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 12 - 7.3.3 Compensation for disturbance and other losses 116. The valuation has also taken into account losses not directly based on the value of interest on the land. Such losses normally arise as a result of the service of the notice to vacate the land. Very speculative losses have been ignored. These losses include  cost of removal of loose assets;  expenses incidental to removal of loose assets;  fixtures  losses incurred on business premises Disturbance allowance will be support to the affected persons and affected households during their move. It is provided for under the Kenyan government legislation and has been considered under this RAP at 15 percent. This caters for the following:  Transport assistance: a truck to transport their belongings to new sites.  Moving allowance: to allow them to make small purchases to smooth the move process to their new houses. This is separate from any compensation payments for income lost until they restore their business or livelihood. 7.4 Valuation Methodology 117. Property values are affected by many factors, the relative importance of which will differ with each heterogeneous property. Some of the factors may be matters of opinion involving subjective judgement which may therefore not be quantitatively measurable. The assets affected by the proposed upgrade of Modogashe - Samatar - Wajir Road have been valued on the basis of their full replacement value for compensation purposes. Generally, the principle of which compensation is based is that the value to the owner of the land taken would be greater than the market value. This is because there are questions of severance, injurious affection and disturbance. The only compensation to a disposed owner would be to put him into a position to reinstate himself on the ‘other land’ so as to be able to carry on his activities substantially, unaltered and undiminished. This would be a basis for compensation known as equivalent reinstatement. 118. The above principles of compensation are contained to a large extent in the Land Act 2012 and OP 4.12 policy where the compensation is based on: -  Market value of the land taken;  Any damages sustained or likely to be sustained by reason of severing such land from his other land;  Any damage from loss of profits over the land;  Additional 15% of the full replacement value for disturbance. 119. Section 22 of the Act states that where land is needed for access compensation will be limited to the damage done to trees, plants, growing crops and permanent improvements on the land, together with the periodical dominium in the profits of the land and adjoining land by reason of such use. 120. The following methodologies have been adopted for the affected assets as hereunder: The project recognised that households falling within a certain threshold due to the involuntary resettlement process could become more vulnerable than others and may need additional upgrade assistance. 8 such PAHs or PAPs were identified and will be KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 13 - provided with additional support, assistance or compensation based on a reasonable and rational criterion. 121. The RAP activities undertaken by the project are designed and implemented to contribute additional assistance (transition allowance) to the upgrade of the affected households. The plan also provides a detailed schedule for the implementation of the RAP.  The value of structures has been determined by a registered valuer based on full replacement value rates for putting up a similar structure;  Income/livelihood restoration forms part of the monitoring programme carried out over a 3-year term with periodic reviews. Specific attention has been given to the requirements of women and vulnerable people including the women headed households, the elderly, illiterate and the physically challenged;  Social development processes (water, health education) form part of the road project and investigations on mitigation options carried when communities are negatively impacted by the project will be confirmed through a process of community needs assessment for restoration by the project with better social infrastructure facilities;  Compensation considered vulnerability of the PAPs and not only the applicable laws of Kenya but also the World Bank Safeguard Policies. 122. The assets (buildings and other structures) and natural resources (trees) affected by the proposed road project were valued on the basis of their full replacement value. The valuation process was governed by the Valuers Act (Cap 532) of 2010 and was carried out by a Registered Valuer. 7.5 Valuers Act (Cap 532) 123. The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. 124. Other statutes that govern valuation are the Land Registration Act, 2012 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Act 2012 governs valuations for compulsory acquisition purposes. When there are differences of valuation procedures between the Kenyan laws and World Bank Operational Policy , the latter will prevail. 7.6 Steps followed During Valuation 125. At each affected land/plot, the Valuer took careful count of all trees, 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 in the presence of the landowner, the licensee and the area leader. Table 12 provides valuation implementation steps that were followed. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 14 - Table 12: RAP Valuation Process for Assets Nr Assets/Activities Implementation Process 1. Acquired Land with Steps: Structures  A detailed inventory of all affected persons, assets and stock requiring resettlement was madeas per the World Bank OP.4.12.  Determination of the size of affected land that will be acquired.  Accurate and real valuation of commercial and residential houses.  Determine compensation packages according to valuation requirements at full replacement cost.  Provision three months’ notice prior to moving, for salvage of building materials. PAP's may salvage any material without this being deducted from compensation entitlements.  Provide temporary housing/shelter where necessary. Recommendations:  KeNHA shall pay compensation for lost housing/ commercial structures and Trees at full replacement Value as per the World Bank OP.4.12.  KeNHA to assist PAPs identify resettlement sites if necessary and provide assistance during relocation  PAPs are entitled to remove any materials he or she wishes to salvage within one month of vacating the old premises.  Land compensation values will be based on the replacement cost comparison of the land to be valued with what other similar parcels of land are currently selling in the area considering the difference between them and those transacted on a willing- seller willing- purchaser basis.  15% disturbance allowance to be paid on all compensation. 2. Lost business profits Where business profits are affected compensation will be paid according to Valuation and results of the enterprise monthly income computed over a period of three months which employee earnings is deemed as the period required for reinstatement of lost income. In addition 15% disturbance allowance will be paid. 3. Crops/Trees Tree/seasonal crops: There are no crops identified on the wayleave area during the survey. KeNHA will pay compensation for trees based on compensation schedules prepared by NLC while utilising the data from Kenya Forest Service for various species depending on age and their future potential. 4. Payments to the PAPs Payments for lost structures, trees and loss of business shall be made either through banks transfers into PAPs accounts or by issuance of cheques in favour of individual PAPs and distributed through the local chief’s office. PAPs will be facilitated to open bank accounts. 7.7 Compensation Procedure 126. After valuation of the affected land and property, NLC will give each property owner a Letter of Offer showing the amount of money that they will be paid for each affected property. If the PAPs are satisfied with the amount indicated on the Offer Letter, they will sign the letter of offer and return it to NLC indicating their bank account details or their full names as per their national ID to enable KeNHA through NLC transfer the compensation money to their bank accounts or write them cheques. 127. Purporting land owners will be required to prove ownership of the affected parcels of land by either a Title Deed or Letter of Allotment or any other land ownership documents KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 15 - that are recognized by law. NLC will authenticate such claims while observing that KeNHA legally owns the land for wayleave. If the PAP is not satisfied with the valuation offer, they will be free to hire their independent valuer at their own cost who will provide their independent valuation which will be negotiated with the NLC to arrive at an agreement. Should the negotiations between the two valuers fail; the matter will be referred to the Valuers Tribunal for final settlement. The PAP is also free to pursue the matter of adequate compensation with the Environment and Land Court. 128. Table 13 elaborates on the entitlement matrix where type of loss, entitled person, legal entitlements and restorative compensation for each type of loss is listed. Note: Right to salvage construction materials and trees is ensured for all developments to be relocated. A notice of 1-3 months is going to be served on all PAPs to salvage their materials to relocate and provide space for the proposed works. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 16 - Table 13: Entitlement Matrix Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Land Permanent Loss of any type of Private Landowner (individual or Wajir Town  Provide PAP with choice of replacement  All compensation before Land regardless of severity4 group) with legal document e.g. title. In case of individual, spouse land (if available) or cash compensation at notice to relocate. included. full replacement value.  Maintained access to  If replacement land, location will be unaffected remaining land acceptable to PAP where feasible. Land will thus needs for access be of equivalent value, size and provision in detailed road characteristics. design.  If cash compensation, compensation of the  Access to Grievance land at full replacement value, free of taxes, mechanism. registration, and transfer costs.  The right to request for  If residual is unusable, or ‘orphan’ land, orphan or residual land to be subject to a case by case NLC determination acquired if not economically and recommendation for full acquisition of viable. land.  Owner eligible to participate Private Owner with no legal Majority sections of  Compensation of the land at replacement in livelihood restoration documents e.g. title but land Modogashe and Wajir programmes. gazetted for adjudication prior value on good faith, NLC will have to cutoff date i.e. legalizable owner or determine the disputed 750metre market some form of recognized land. area compensation (if the alignment does not  15% disturbance allowance. Incase of individual, spouse fit within the available space of about 20 included. metres and requires additional space).  Access to Grievance mechanism. 4 Temporal loss of land due to occupation by contractor for establishment of camps and auxiliary facilities during construction not covered in this RAP, thus compensation often at commercial rates to be negotiated outside this RAP. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 17 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Provide PAP with the choice of replacement land or cash compensation. If replacement land, location will be acceptable to PAP where feasible. Land will be of equivalent value, size and characteristics. If cash compensation, compensation of the land at full replacement value, free of taxes, registration, and transfer costs.  If residual is unusable, or ‘orphan’ land, subject to case by case NLC determination and recommendation for full acquisition of land. Un registered community but with Isiolo and Garissa and Cash compensation at replacement value for standing user rights Wajir Counties sections assets. Public/Government Whole route Cash compensation at replacement value for standing  Compensation at assets. replacement cost for the assets. Squatters on public, private and No compensation for land  Compensation of the communal Land. structures at full replacement cost.  Compensation for loss of business.  15% disturbance allowance.  Right to salvage. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 18 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  3 months’ notice.  Access to Grievance mechanism. Temporal loss or damage to Private, public or community Payment in full, of just compensation for any damage  Access to Grievance land/property during inspection land/property owner resulting from the entry. The amount to be negotiated to ascertain the suitability of the directly with the owner of the land/property mechanism. land for acquisition for the road upgrading. Individual and Institutional Structures Loss of all structure types Owner of Structure regardless of Whole route Cash compensation at full replacement cost-free of  15% disturbance allowance. irrespective of use. legal ownership/registration status depreciation and transaction costs (and their spouse).  Right to Salvage.  The right to request for the residual land to be acquired if not economically viable.  The owner is eligible to participate in livelihood restoration programmes if they wish.  Access to Grievance mechanism. Business Tenants 3 months restitution based on assessed monthly incomes  Access to Grievance and a 3 months relocation notice mechanism. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 19 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Residential Tenants 3 months relocation notice  Access to Grievance mechanism. Public/ Communal Assets/structures Socio infrastructure e.g. Community/Users of the services Whole route  Provision of replacement facilities within  Community eligible to boreholes and assets the settlement, with a higher capacity to participate in livelihood serve more community members. restoration programmes.  No cash compensation  Access to Grievance mechanism. Cultural/Religious heritage Community/Public  The first option is re-alignment of road route  15% disturbance to realize sites/assets e.g. cemeteries, mosques, Graves to avoid the facilities where feasible. religious and cultural rituals and for the incidental cost of  If no re-alignment: relocation of permanent o Purchase of land or assistance in the structures like mosques. The identification of alternative sites. same does not apply for o Cash compensation only where graves and cemeteries. recognized committees exist to facilitate and oversee the relocation  Access to Grievance and replacement of facilities. mechanism. o Where no committees exist, KeNHA in collaboration with community forms one and facilitates required safeguards to ensure money is used for the right purpose or agreement on whether KeNHA hires a contractor to work with the community to redesign and rebuild the facility. KeNHA pays the contractor on community approval of completion of works. o In all cases, KeNHA facilitates the rebuild of a bigger facility. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 20 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Individual/Family owners  Cash compensation at full repayment cost.  15% disturbance to realize religious and cultural rituals.  Access to Grievance mechanism. Business and Income Loss of business The business building owner (if Whole route  Eligible to participate in 3 months rental income per tenant lost - Subject to the premises rented out) provision of documents and verification by NLC livelihood restoration programmes such as markets Owner of Business 3 months of transitional assistance based on proposed by KeNHA in some monthly income of the settlements. Squatters Allocation of stalls within the existing County  Access to Grievance Government Markets mechanism.  15% disturbance allowance. Trees Loss of all types of trees Individual/ group owner regardless Whole route Cash compensation at full replacement cost using rates  Eligible to participate in of the legal status of owner approved by KFS livelihood restoration programmes such as markets proposed by KeNHA in some Community as owners and users (in Cash compensation at replacement value to the owner. of the settlements. the latter where the owner is an individual, but the community uses  Right to salvage the tree)  Access to Grievance mechanism. Loss of Public Utilities Power lines Public Whole route Physical relocation and reinstatement of access by relevant authorities. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 21 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements Vulnerability Any losses incurred by the Female household heads, elderly, Whole route Cash compensation at full replacement cost and in-kind  Priority in processing/ disbursement vulnerable persons living with disabilities. assistance as per the provisions made on the last column of compensation. 5  Additional support with transport to new sites that include providing a team to salvage their belongings including house materials.  Priority eligibility to livelihood restoration programmes e.g. markets. Where KeNHA has proposed markets in some settlements, vulnerable get preferential treatment in getting strategic locations in new market centres while the markets will be designed to take into consideration accessibility by the physically challenged.  Employment priority in project-related jobs.  Recommendation for additional assistance by county and national government programmes such as the Inua Jamii programme.  Counseling of the households so that they can understand KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 22 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements the short-term support and longer-term options.  Support to ensure that they maintain their social networks of family and friends and that they can access social services.  The project has considered non-monetary in-kind compensation measures including priority in compensation, adequate notice to relocate their facilities and assistance to relocate their assets to other communal land which the area administration has provided, referral to microlenders and support organizations in the areas affected, allocation of accessible trading spaces with specific attention to their vulnerability factors like wheelchairs use at the local markets among other support as per the entitlement matrix.  Additional subsistence allowance for three months. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 23 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Where illness is ascertained, medical subsidies, food, temporary accommodation, employment referrals to members of the family to be considered.  Support to ensure that they maintain their social networks of family and friends and that they can access social services.  Access to Grievance mechanism. Unforeseen impacts, if any Design of additional mitigation Private, public or community Whole route Reference to institutions supporting informal and  Participation in livelihood measures by KeNHA on a case land/property owner pastoralist activities through the ministry of Livestock or restoration strategies. by case basis as defined through social needs assessment for the project.  Compensation of structures at full replacement cost. Informal PAPs and squatters  15% disturbance allowance. Pastoralists Livelihood restoration All affected persons and affected All the road corridor. Livelihood restoration strategy.  Social development households Social development Infrastructure for health, education, Infrastructure for health, water, abattoirs. education, water, abattoirs. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 24 - Type of Loss/Affected Right Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of Assistance/Entitlements  Financial training to all the households receiving cash compensation. Wagberi, Tarbaj, Kotulo  Priority in consideration of (Mandera) and Elwak Provision for Market Infrastructure employment opportunities and business opportunities in the project.  Veterinary care services and extension services through support from County Government offices.  Stalls for traders at affected sites KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 25 - 8 LIVELIHOOD RESTORATION 8.1 Introduction 129. Livelihood restoration is the re-establishment of income sources and livelihoods of affected people. The resettled households will be affected by the resettlement activities. These negative effects will include loss of livelihood and income streams. Majority of the resettled households are pastoralists and small retail traders. A few of the PAPs are skilled and semi-skilled labourers. Others are entrepreneurs running their own large wholesaler’s businesses. There are rare cases of PAPs being employed in the hotel and NGO sectors and others in the Jua Kali industry. To minimize the negative economic impact of proposed road activities on commercial establishments, it is recommended that these establishments be treated in such a manner as to allow them to operate with minimal disruptions and/ or disturbances. An income restoration program ensures that the income streams of the PAPs are maintained and possibly enhanced to better standards 8.2 Livelihood Restoration 130. This livelihood restoration shall essentially start from maximizing the possible and available project-based opportunities by introducing new, and enhancing the existing social investment as part of the proposed road infrastructure such as markets and undertaking rest stops or lorry parking with roadside trading amenities. Other options that can be explored can include entrepreneurial training for existing small businesses that will be affected by the road upgrade through its land acquisition, as well as recommendation to institutions offering small grants and loans for women and vulnerable groups. In summary, the following measures have been adopted to form part of livelihood restoration interventions where applicable. In summary, the following measures have been adopted to form part of livelihood restoration interventions where applicable:- 8.2.1 Income Restoration and Improvement Component 131. The PAPs in the SME /Jua kali industry will be advised and educated through a consultative process on how to sustainably propagate their business to achieve better returns. 8.2.2 Employment at Construction 132. It is advisable that, local people whose livelihood is impacted by the project be given preference in jobs associated with the auxiliary construction activities such as excavations, bush clearing and re-vegetation programmes (tree planting and watering). The PAPs will get preferential employment in project civil works based on their eligibility in the semi-skilled and unskilled category. This was recommended during the Public Consultative meetings. 8.2.3 Re-establishing Common Property Resources (CPR) 133. In addition to loss of personal properties and assets, the project will also have impacts on community structures. The Common Property Resources (CPR), including water KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 26 - kiosks, and water pans among others, will receive replacement in kind as budgeted for in the RAP budget. 8.2.4 Financial and Basic Entrepreneurial Skills Training 134. This will be simplified training for PAPs on skills on how to invest cash/compensation fees to gain returns to bolster their business ventures. The training should take due regard to the literacy levels of the PAPs and be compliant to the religious orientation of the road project area. 8.2.5 Referral for Credit Facilities and Cooperative Groups 135. This will entail increasing people’s income by referral to credit groups and improving access to markets as well as the marketing of goods and services produced by local traders. 8.2.6 Linkage of the PAPs to government-sponsored Social Development Initiatives through the area Social Development Officers. The government of Kenya has social protection and social programs that the PAPs can benefit from due to their vulnerability during the resettlement processes. KeNHA through the Resettlement Implementation Consultation will raise awareness to the PAPs through County Social Development Officers and will give recommendations so that the PAPs can benefit from these Government programs. 8.2.7 Linkage of PAPs undertaking to livestock activities to extension offices in the county where necessary. The Ministry of Agriculture and Livestock services provides extension services to pastoralists for veterinary care to livestock. KeNHA through the livestock extension officers will provide awareness to the PAPs of the availability of these services. Further, they will recommend to the livestock officer that due to the vulnerability of the PAPs due to displacement they should be given an opportunity to access these services. 8.2.8 Local purchasing programs tailor-made to benefit PAPs or groups of PAPs who can supply goods and services. The Contractor will have contracts that involve the supply of goods and services whereby only the local communities and businesses can apply. PAPs will be given priority in the award of these small supply of goods and services Contracts. 8.2.9 Social Infrastructure Benefits to the Local Vulnerable and Marginalised Groups 1. Vulnerable and marginalized groups in the project area will benefit from social infrastructure projects that will be constructed under the Project. This option applies to community and public resources that will be affected during project implementation. In- kind compensation is a viable option for this category of assets. These projects will be KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 27 - selected through a participatory project that ensures Free, Prior and Informed Consultation by a Consultant already hired by KeNHA. It is expected that the project will be aligned to meeting water supply, providing market shades, milk coolers, abbaitors, loading ramps, etc. The implementation will commence before and during project implementation depending on the sequencing/prioritization of the needs. In addition to the above, the following specific measures will be implemented: 8.2.10 Vulnerable Groups 136. Among the PAPs, special groups of persons were identified. These include; 8 physically challenged persons. These groups of persons are vulnerable to greater project impact and discrimination hence extra assistance is required to ensure that they are properly compensated and resettled. The RAP identified 8.No vulnerable PAPs and the contingency budget has considered their facilitation. No. Vulnerable Group Action 1. Eligible Member of  Priority in compensation for assets, shifting vulnerable PAP/household to allowance, reconstruction assistance, alternative be relocated from the project site or homestead development assistance, cash right of way assistance for loss of workdays due to relocation, and priority in employment in construction.  Additional support with transport to new sites that include providing a team to salvage their belongings including house materials.  Employment priority in project related jobs.  The project has considered non-monetary in- kind compensation measures including priority in compensation, adequate notice to relocate their facilities and assistance to relocate their assets to other communal land which the area administration has provided, referral to micro lenders and support organizations in the areas affected, allocation of accessible trading spaces with specific attention to their vulnerability factors like wheelchairs use at the local markets among other support as per the entitlement matrix.  Counselling of the households so that they can understand the short-term support and longer- term options.  Support to ensure that they maintain their social networks of family and friends and that they can access social services. 2. Eligible members from poor  In the short-term support as in 1 above is female headed households needed. Having No adult male  Additional subsistence allowance for three members to shoulder months. household responsibility  Where illness is ascertained, medical subsidies, food, temporary accommodation, employment referrals to members of the family to be considered. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 28 - No. Vulnerable Group Action  Additional support with transport to new sites that include providing a team to salvage their belongings including house materials.  Employment priority in project related jobs.  Counselling of the households so that they can understand the short-term support and longer- term options.  Support to ensure that they maintain their social networks of family and friends and that they can access social services. 3. Eligible Member of  Compensation for loss of business income, vulnerable poor households shifting and reconstruction assistance. losing access to Land  As per need, referral to credit institutions will be including business considered for urban land etc. for strengthening proprietorship. business capital  Additional support with transport to new sites that include providing a team to salvage their belongings including house materials.  Employment priority in project related jobs.  Counselling of the households so that they can understand the short-term support and longer- term options.  Support to ensure that they maintain their social networks of family and friends and that they can access social services. Among the PAPs identified in the project area, majority of the households are headed by men. The Land Act 2012 recognises the role of spouses in land and property transactions where families reside. Consent from the spouse is mandatory hence the rights of the female spouse are well guarded and this will minimise vulnerability. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 29 - 9 GRIEVANCES REDRESS MECHANISM 137. During the public consultations in the project area, there were concerns expressed that include adequate and timely compensation of affected persons, legal ownership of affected land and resettlement of affected persons within the local area to avoid drastic change of environment and departure from ancestral land. Due to lack of title deeds in the project area, majority of the PAPs expressed fear that they may not receive appropriate compensation from the relevant Authorities. 138. Grievance redress mechanisms are necessary avenues for allowing affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieving transparency in the asset valuation and resettlement processes. Arising from the above observations, the Consultant proposes that all the pending grievances be addressed before commencing construction and any emerging grievances be expeditiously dealt with in the lifetime of the project. 9.1 Subject Matter of Grievances 9.1.1 Potential Sources of Grievances 139. The PAPs may have grievances on the value of compensation for Land, movable and immovable assets, trees, human and livestock disturbance. Other grievances may arise from the loss of livelihood, disconnection of streams of income and reduction of earning capacity due to the involuntary resettlement. 9.2 Procedure for Grievances Settlement 140. The procedure for grievances settlement will follow the below steps.  The grievance is filed by the person affected by the project to the chairperson of PAPs Committee of the project area, who will immediately report the same to the PIU through a selected representative who will be a principal member of the PIU for a resolution.  If no understanding or amicable solution can be reached, or if the affected person does not receive a response from the representative within a reasonable space of time, then the chairperson shall seek redress from the RSC who will respond within a given and stipulated time framework after receipt of the complaint.  If the affected person is not satisfied with the decision of the RSC, he/she, as a last resort, may submit the complaint to a court of law or the National Environmental Tribunal or Public Complaints. All complaints received in writing (or written or received verbally) will be documented. To achieve a proper grievance redress system, this RAP proposes a five tier system comprised of the locational level, Sub county level, National Steering Committee level and the Court of law level. 9.2.1 Locational Level Resettlement PAPs Committee (LRPC) 141. Locational level refers to an administrative location/ward of a county. In this respect a Grievances Committee will be formed and established in each location and its mandate KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 30 - will be to receive, register and hear disputes from PAPS arising from the implementation of the project. Membership to this committee will be drawn from the PAPS (ensuring gender balance – male and female PAPs), the area Chief, clan or opinion elders and Subject Matter Specialists from the County Government as well as community liaison officer. The Chief will be the chairperson while the PAPS representative will take the position of Secretary of the Committee. Functions of this committee will be conducted in a participatory manner and will include:  Conducting extensive public awareness and consultative meetings  Resolving disputes that are registered with the committee and arising from the relocation process.  Monitor and evaluate the RAP process at the ward level.  Enhance employment opportunities especially from the compensation received and programmes of RAP. Due to its importance this committee will meet monthly to resolve all issues as discussed herein. Note: there are issues that can be resolved at the lowest level of the Village/Clan elders and others through the maslaha system where Muslims are involved in grievances. Other well-known grievance redress alternatives like Kadhi/ imam dispute resolution bodies existing where Muslims are predominant will be explored on a case by case to support the locational committee for dispute resolution. Note 2: Due to the hostile nature of the opposing communities along the alignment, the Locational level committee will be formed before or at implementation phase using the RAP as a guideline to cover both Somali and Borana communities as well as other minor ethnic communities represented at the locational level. However the chiefs were properly sensitised on this issue and are ready to proceed once the project has been rolled out. The locational committee will also provide information to residents on respecting the set wayleave for roads. 9.2.2 County/Sub County Committee Level (C/SCC) 142. This Sub county level Resettlement Committee members will be the County Commissioner or Deputy County commissioner, Land Adjudication and Settlement Officer, KeNHA representative, National Environmental Management Authority (NEMA), County Social Development Officer, Gender Officer, a representative of the PAPs, contractor/supervising engineer and County State Counsel will be established at the County level. Key duties of this committee in each county will mainly be coordination of stakeholders involved in the implementation of the RAP. Main activities to be overseen by this committee are verification of affected persons, and assets for valuation, compensation, assistance and relocation of concerned PAPS. Members of this committee have a leeway of co-opting experts to support them in their mandated functions. This committee will be meeting quarterly to take stock of the progress made by the location Project Affected Persons’ Committees/Grievances Committees and give direction where necessary. The sub county committee will also provide information to residents on respecting the set wayleave for roads. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 31 - 9.2.3 National Level Steering Committee (NSC) 143. At the national level a Steering Committee/Team will be formed under the chairperson of KeNHA. Members to this committee will come from a number of National Government’s ministries and agencies the key ones being, Ministries of Lands, Transport and Infrastructure through KeNHA and National Environmental Management Authority (NEMA) among other bodies with subject matter expertise like forestry, power, water, education, health, agriculture, livestock, rural/ASAL development among others. This Committee can co-opt and network with other experts from other National Government ministries that may have relevance to the RAP activities. These ministries through the national project implementation team will work with the local RAP committees and the ministries at the County Governments to ensure PAPS get value for their property through dispute resolution. 9.2.4 Court of Law 144. Disputes that are not resolved at the dispute resolution forums under the purview of the Land Act, 2012, i.e. the Project Affected Persons Committee, the County Resettlement Committee and the National Steering Committee level are subsequently referred to Environment and Land Court that is purposely set up in Kenya for hearing and judgment of such matters. These courts are the highest level of dispute resolution are mandated to provide the best solutions to such matters. 9.2.5 Method of Lodging Complaints 145. Any persons who are not satisfied with the award of the Committee on entitlement and compensation will have a right for appealing against the decision of the said Committee seek legal redress within some specified timeframe. Complaints will be lodged either in writing or by filling in the grievance form which will be issued by the local administration offices (area chief’s offices) as well as the local leaders and project liaison staff on the ground. A sample grievance form is provided under Annex 13. 9.2.6 Proposed Procedure 146. KeNHA in collaboration with the supervision consultant will establish a mechanism to receive and facilitate grievance management of the affected persons and create broad awareness on the grievance procedure, types of grievances that can be submitted and the available options for raising their grievances. The grievance redress procedure will have a timeline to ensure the issues are addressed without delay. The procedure for managing grievances is proposed to be as follows: i. Registration of grievances: The affected person will be free to file his/her grievance, relating to any issues associated with the project in writing, phone call, suggestion box, SMS or in person, and in a language he/she is comfortable with including his/her mother tongue, Swahili or English, to the grievance committee. They can also channel their grievances to the Committee through the chief or the project community liaison officer who will form part of the Locational level PAP committee. A record of all grievances received will be documented by the grievance officer in a grievance log KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 32 - shared with KeNHA. The grievance log will be updated from time to time and the will be used to monitor grievance resolution. The grievance log will contain records on the name of the complainant, date complaint was received, contacts of the aggrieved, nature of complaint, and action to be undertaken. Timeline: up to 3 days. ii. Acknowledgement: The Aggrieved party will be furnished with a stamped copy of the grievance form as evidence of receipt. Timeline: 1day, following the lodging of the complaint. iii. Sorting and investigation: The Liaison Officer will sort the various grievances (within 48 hrs) and allocate them to the grievance committee which will investigate and report back with findings. The grievance committee members will be responsible for undertaking investigation and analysis of the reported grievances to enable understanding of the complaints and suggest grievance resolution within the shortest time possible. The Committee will work out with support from the CLO, their mode of handling the grievance at hand, depending on its nature, but examples could include listening to the aggrieved party, identifying and interviewing witnesses if applicable and suggesting to the aggrieved party the possible modes of resolving the matter. Timeline: 3-7 days. iv. If the aggrieved party agrees to a proposed resolution mode, then the resolution is implemented and if the aggrieved party is satisfied, then the grievance is logged as completed and the matter is closed. A matter that is not successfully closed at the first tier is submitted to the second tier, together with the investigation report and recommended mode of resolution by the first tier. Finally, a grievance that fails to be satisfactorily addressed by the second tier will be recommended for mediation, arbitration, negotiation, which can be considered as some of the many alternatives available to the National level GRM. v. Response of the different Redress Committees: Each Committee will review the claim, together with the investigation report and inform the claimant if it is valid or not valid, and the redress actions that will be taken. This will be undertaken within 14-21 days. The religious leaders will be part of the lowest level GRM Committee, and that they will participate in the monitoring of the implementation of the GRM resolutions for concepts like maslaha to have a focus where applicable. This suggestion will be taken into consideration during the establishment of the GRM, in consultation with the PAPS. The said leaders will decide how they will participate in the Committee and in the monitoring of the Committee’s resolutions. 9.2.7 Awareness Raising on the GRM 147. Continous consultations and sensitization of the affected persons and the community is crucial in reducing grievances that may arise from the project. It is therefore recomended that a GRM awareness campaign and a strategy to reach out to the affected communities be developed. By holding PAP sensitization meetings on GRM and training the GRC Members, the awarensess strategy will highlight mechanisms of the grievance redress, which will be available to any person (such as community residents, local businesses or others who consider themselves affected by project activities). This will enable them to readily and efficiently communicate their grievances.Important KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 33 - messages that will need to be conveyed and reinforced over time by project implementation team:  There is no financial charge for making a complaint.  Grievances are welcome because they help improve project policies, systems, and service delivery.  Grievances will be treated confidentially 148. The GRM will have provision for monitoring and evaluation which will help in tracking grievance resolution processes and outcomes. It is anticipated that the selected civil society organisations (CSOs) along the project area will assist the communities to internalize the project implications and create a sense of public ownership of the project process. The organisation will develop a stakeholder engagment plan, mapping stakeholders, analysing stakeholders and determining key messages and avenues to deliver these messages. The Terms of Reference to be used for the selection process of the CSOs will be reviewed and approved by the Bank. 149. The grievance management process will be continuous until the project is completed with the consultations and meetings diminishing in frequency as the emerging issues are resolved. The designated grievance officers in conjunction with the project team will continue to work with the communities during the project implementation. Appropriate display materials to assist in the sensitization process to be utilized and continuous awareness creation and education of the local population on the grievance mechanism established for the project is recommended. 150. Grievance procedures may be invoked at any time, depending on the complaint. No person or community from whom land or other productive assets are to be taken will be required to surrender those assets until any complaints s/he has about the method or value of the assets or proposed measures are satisfactorily resolved. 151. If a complaint pattern emerges, the Committees and the Proponent discusses possible remediation. The local leaders are required to give advice concerning the need for revisions to procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process is made. The various committees are responsible for communicating any changes to future potential PAPs when the consultation process with them begins. 9.2.8 Sensitization on Grievance Redress Mechanism during RAP review 152. The PAPs were sensitized to the process of grievance redress mechanisms in various forums. These include the following: Census Survey - The first forum was during the census survey where majority of the PAPs wanted to know why the RAP Study teams were administering questionnaires and measuring sizes of their structures. It was elaborated that the proposed road will affect their land and structures and there will be a process of valuation (determining cost of land structures affected) for compensation after valuation has been done. Where project affected persons do not agree with the valuation there will be mechanisms for lodging grievances) KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 34 - Consultation Meetings – During the Consultation Meetings conducted at the various Centres, the PAPs were sensitized on the process of land and structure valuation for compensation determination and grievance redress mechanism where there will be a need to lodge a complaint on the determined values or resettlement plan. 9.2.9 Dispute Resolution through the NLC 153. The National Land Commission conducts hearings to evaluate claims of PAPs on Compensation that guides the relocation process. This institution will be of particular use where disputes around the compensation and resettlement process arise. In conclusion, there are a series of pre-existing customary avenues that deal with dispute resolution and they will be employed as the “court of first outreach”, on the resettlement and compensation matters where applicable as they arise and, if necessary, for corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving transparency in the resettlement process. All disputes arising from the project will be referred to the LRPC at the project level and then if necessary, the C/SCC or the NSC will be escalated accordingly, to provide recommendations as to how it is to be addressed based on the weight of the matter, and the capacity of the committee. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 35 - 10 INSTITUTIONAL ARRANGEMENTS 154. The implementation of the RAP seeks to minimize resettlement by adopting viable alternatives and adequately addressing resultant impacts and calls for collaboration from all the stakeholders. This would therefore require a properly constituted structure for the administration of the same. The proposed road upgrade project has some positive/negative effects especially to those who may be displaced from the right of way through eviction hence there is a need to compensate them for the loss of their affected assets/ developments and support during resettlement. This RAP report contains details of PAPs and resettlement budgets for compensation. The Kenya National Highways Authority (KeNHA) is therefore expected to institute the process before commencement of the project. The National Land commission will undertake the verification process and ensure timely execution of compensation and resettlement. The verification process will confirm the socio-economic characteristics of all project affected persons (PAPs), valuation of assets to be compensated and preparation of an updated list of the PAPs at the time KeNHA will start project implementation. 10.1 Organization Structure of RAP Implementation Team 155. The implementation of the RAP requires collaboration from all the stakeholders. This requires a properly constituted structure for the administration of the same. The proposed project involves asset valuation, compensation and resettlement of affected people for the loss of their structures, trees and community assets such as water points. There will also be need to monitor the progress of PAP livelihood restoration to ensure affected persons are not left worse off. The Institutional Framework clarifies the role of various stakeholders in the implementation and administration of the RAP. It further clarifies the role of PAPs and their responsibility in the entire exercise. The procedures to be followed along with the support facilities available and a timeframe for implementation of each of the activities. Internal and external committees will be involved in the RAP Implementation process. These are:  KeNHA Project Implementation Unit (KPIU)  Sub county RAP Implementation Committee (RIC)  PAP Committees KeNHA will inquire on the PAP Committee knowledge about the RAP, their expertise and use available funds for their training to enable them to undertake the activities they are expected to perform. Refer to Table 14 below for the RAP Implementation Team members, their composition and responsibility. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 36 - Table 14: RAP Implementation Team Institution Composition Roles KeNHA-PIU  Project Engineer(s)  Coordination and planning compensation of PAPs payments; and RAP  Head, Environment & Social Safeguards  Plan and coordinate non-cash compensation such as special Implementation  Senior Sociologist assistance to vulnerable groups; Consultant  Senior Surveyor /Valuer  Ensure that the compensation process and entitlements adhere  Road Reserve Protection Officer to legal provisions such as spousal and children ‘s consent  ICT officer where it applies, and following the succession Act in case of  Communication Officer the death of a PAP;  Accountant  Report to the KeNHA ‘s senior management team and  Legal Officer stakeholders;  Ensure that the information needs of the PAPs are disseminated promptly and effectively;  Establish, manage and update the RAP implementation database;  Contribute to the regular monitoring and evaluation of the RAP implementation; and  Implementation and monitoring of the land acquisition, compensation and income restoration activities  Consult and sensitize the community and PAPs with regard to the RAP implementation progress  Establishment of grievance redress mechanism and management of resettlement grievances.  Oversee RAP implementation Sub - County Project  Deputy County Commissioner, Chair;  Verification of the PAPs list Grievance Redress  Representative of the Consultant (secretary  Co-coordinating the orderly relocation and occupation on the Committee to the committee) and, new site;  Project sociologist  Resolving project grievances as well as escalate, monitor and  Resident Engineer record outcome of grievances  Sub-county administrator  Enforcing against influx of illegal traders into the proposed new  Locational Chiefs (2) site;  Representative of KeNHA;  Facilitating trainings, awareness creation and counselling  Chosen PAP reps along project corridor sessions KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 37 - Institution Composition Roles (directly affected residents and business  Monitoring implementation of the RAP operators)  Representative of NEMA,  Gender Officer Project Affected  Location Chief, chair  Checking against speculators; Persons Committees  Elected PAPs committee members including  Conducting public awareness/consultations with the affected representatives of: people;  Business  Resolving disputes that may arise from the PAPs  Residential Tenants  Monitoring and evaluating the RAP process at the grassroots  Vulnerable level  Youth  Enhance employment opportunities and, conduct training and counselling of the PAPs (socially and economically). Institutional Representatives of  Checking for compliance, safe operations Taskforce  NEMA,  Monitoring  KFS  Escalation and resolution of institutional grievances  FCDC  COUNTY REPS  DOSH  KNCCI  NACC  CHILDRENS OFFICE  LABOUR  CONTRACTOR Rep  SUPERVISION ENGINEER Rep  CLIENT Rep  OTHER (as per need to invite/incorporate) Stand Alone NLC  To lawfully acquire land on behalf of the project/government organizations in the  To conduct grievance resolution in the asset verification RAP process process  To provide information on compensation. Ministry of Interior and Coordination  To provide security to the project  Organize for CDICC review of project KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 38 - Institution Composition Roles NGO’s  Mobilization and provision of project information and citizen engagement and GRM monitoring  Gender Based Violence (GBV)6  Security perceptions  PSEA  Social communication Ministry of Transport and Infrastructure  Overseeing the rehabilitation activities of the project  Ensuring availability of funds for the whole project  Maintenance of the project National Environment Management Authority  Undertake study on environment to establish areas that need protection and conservation.  Monitor and supervise areas that have been affected by the project and need conservation. Others  Monitor and supervise areas that have been affected by the project as per Subject matter Expertise e.g. education, water, livestock 6 Under the project, GBV could happen when compensation money is paid out to men and if their wives query its use and/or appropriation, they may be subjected to domestic violence. Other forms of GBV may include the road Construction workers using their money to get sex from the rural women and young girls around the project area. Such cases and complaints on Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) will be referred to the GBV Experts who will be working with the Non-Governmental Organization hired by the project for the sole purpose of managing and handling any GBV/ SEA related case reported to them directly by the complainants or referred to them through other sources such as the local administrators or the established GRM. The GBV Experts will determine the appropriate survival centred approach to take on any particular case and will follow the acceptable referral pathways through collaboration with suitable services providers identified in the project area. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 39 - 11 MONITORING AND EVALUATION 11.1 Internal Monitoring 156. The proponent (KeNHA) will conduct regular internal monitoring of the resettlement performance of the operation through the Resettlement Action Implementation Team which will be responsible for implementing resettlement and compensation activities and monitor its efficiency. The objective of internal monitoring and supervision will be:  To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other upgrade entitlements, has been carried out in accordance with the resettlement policies provided by the Government of Kenya.  To oversee that the RAP is implemented as designed and approved;  To ensure that funds for implementation of the RAP are provided by the National Treasury in a timely manner and in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of the RAP. 11.1.1 Responsibility 157. The RAP Implementation Committees as established shall be charged with the task of monitoring and evaluation of the PAPs since they would be familiar with the various variables in the project area. It will therefore be enlisted to continue the post project evaluation system and conduct actual monitoring and reporting. The RICs shall periodically provide the Proponent with collected data for report preparation. 11.2 Performance Monitoring 158. Successful project management requires the ongoing monitoring of performance in order to generate data by which to judge the success or otherwise of a project. The data generated relates to the indicators to be monitored. It can be qualitative or quantitative in nature depending on the parameter being monitored. The data will be collected on a regular basis and accumulated. It is then analysed and presented appropriately. 11.3 Impact Monitoring 159. The project will generate both positive and negative impacts, social monitoring is envisioned as an important process in the implementation of RAP. The monitoring programme will reveal changes and trends brought about by the presence and operations of the project. Such information will be useful in the formulation of sustainable project management and operation strategies. The basic activities for a sound-monitoring programme for the road upgrading project once it starts operating will at least include the following parameters:  Quality of life of the resettled persons  Change in health trends of persons affected by the project  Identification of unexpected environmental impacts 11.4 Monitoring and Evaluation Indicators 160. The main internal indicators that will be monitored regularly are: KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 40 -  That entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures  Payment of compensation to the PAPs in the various categories is made in accordance with the level of compensation described in the RAP  Public information and public consultation and grievance redress procedures are followed as described in the RAP  Relocation and payment of subsistence and shifting allowances are made in a timely manner  Restoration of affected public facilities and infrastructure are completed prior to construction  Formation of KeNHA Project Implementation Unit (KPIU) and Resettlement Implementation Committee (RIC). 11.5 Frequency of Monitoring 161. The frequency of monitoring is influenced by the parameter being monitored and its dynamic nature. The monitoring frequency will vary from monthly to yearly. The frequency of monitoring of other parameters will be determined by project implementers. Refer to Table 15 for frequency of monitoring various RAP parameters. Table 15: Frequency of Monitoring Parameter Monitoring Frequency 1 Payment of Compensation Monthly 2 Resettlement of PAPs Monthly 3 PAP income restoration Half Yearly 4 Number of consultation meetings held Monthly 5 Number of grievances closed out/resolved Quarterly 6 Number of information requests Quarterly 11.6 External Monitoring 162. An independent monitoring unit (IMU) can be established to evaluate implementation of compensation and resettlement. The IMU can be appointed to monitor the resettlement and compensation process and implementation of requirements to verify that compensation, resettlement and upgrade have been implemented in accordance with the agreed RAP. The objective of this unit will also be to provide a forum for skills-sharing and to develop institutional capacity. It is important that the Unit is able to maintain a strong, independent position and provide constructive feedback to the project to ensure the objectives are met. 11.7 Database Management and Storage 163. The proponent shall prepare and maintain a well-organized database of all project information in both hard and soft form. The information shall be backed up in the safe to ensure continuity in the event of loss of the master files. This database will require updating when new project information is obtained, analysed and new reports generated. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 41 - 11.8 Reporting 164. After monitoring and evaluation, reports shall be generated. Reporting stage will follow the analysing of information. The report will be in written form and can be made into PowerPoint presentation. These reports shall be available for access by interested and affected parties. 11.9 Evaluation Method of Monitoring Results 165. Evaluation of monitoring results may use either quantitative or qualitative methods, or a mix of the two. As a starting point it will be useful to consider the various sources and type of data to be evaluated then choose an appropriate method of presentation. Numerical data which includes the number of affected households and structures, age categories of Household heads of the PAPs and gender distribution of the PAP Household head have been analysed using quantitative methods while qualitative data which include the quality of life before and after resettlement will be analysed using qualitative methods. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 42 - Table 16: Monitoring and Social Management Plans Social Impact Mitigation Responsibility Monitorable Indicators / Cost Nr Project Stage Timeframe Aspect Action Plans Estimates (Kshs.) 1. Relocation of Pre- Discuss with the KeNHA Finalised This Resettlement Action Plan Business/homesteads Construction resident/owner of before the start prepared showing affected property of construction Number of persons resettled Develop detailed Reports on resettled persons resettlement plan Costs to be determined by Conduct resettlement in the plan resettlement At least six months duration Monitor resettled persons 2. Community Pre- Awareness KeNHA Commissioning Number of meetings held misconceptions Construction, creation amongst of the project Community issues responded to Construction the community Local As required Project progress reports and and on the project provincial during monitoring reports Commissioning facts administration implementation PAP Meeting during compensation Costs Estimated at Kshs 50,000/= Local leaders per meeting. 3. Increase in social Commissioning Conduct Ministry of Regularly Number meetings held vices and Information Education throughout the Number of condoms distributed Construction Education and Health Centres project duration Number of IEC materials distributed Communication Provincial Project progress reports (IEC) amongst Administration Costing- t/shirts, fliers, posters, road- the community Local leaders shows, condoms, banners. and the project Other staff development Provide condoms partners at village and project level KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 43 - Social Impact Mitigation Responsibility Monitorable Indicators / Cost Nr Project Stage Timeframe Aspect Action Plans Estimates (Kshs.) 4. Reduction in farm Pre- Verify land Ministry of Finalised  Resettlement Plan size Construction tenure Lands before the start  Reports on loss of farm size Discuss with the Resettlement of construction  Reports on adoption of resident/owner Plan Expert alternative land use practices Develop a Resettlement  Cost as in the resettlement plan resettlement plan Plan Expert  At least six months duration Create awareness NLC on land alternatives 5. Cultural and Construction Promote Project Ongoing during  Number of joint religious based activities that are management construction meetings/activities held community conflict common to the  Progress reports of project communities and Local leaders  Costs: activities once a month project employees that create common understanding such as sports 6. Security Construction Form joint Local Ongoing during  Number of committees formed security community construction  Number committee meetings committees held Create awareness Provincial  Records of incidences addressed amongst the administration traders and and the project communities on contractor cheating and deceit Physical resettlement is mainly expected in the Wajir town by hawkers who will be accommodated in the already built market that is currently vacant. The RAP has consistently shown the required physical utilization of the existing wayleave save for settled areas where the RoW is reduced to minimize impacts as per O.P.4.12 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 44 - 12 IMPLEMENTATION SCHEDULE 166. The implementation time schedule shall depend on the processes grouped under the three phases namely preparation, implementation and post implementation. Refer to Table 17 for the project implementation schedule. The starting date is not definite as it was not indicated under the ToR but shall be pegged on:  Identifying the responsibilities of the various parties that are to implement the resettlement plan;  Identifying and measure the impact of the project on the people who live and work on land within the road ROW and the surrounding areas;  Carrying out PAP verification;  Presentation of policies to deal equitably with the Project Affected Persons (PAPs);  Provide an opportunity for further consultation of PAPs and Stakeholders on the project plans and provide meaningful input into the design and implementation of the overall program;  Developing compensation, relocation and upgrade measures that will enable the affected people to re-establish their lives on an equal or preferably better-than- before basis; and  Preparing cost estimate of all measures required to achieve successful implementation of the compensation and resettlement program. Carry out review of the budget during project review;  Carrying out grievance redress and continuous monitoring of the PAPs resettlement. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 45 - Table 17: RAP Implementation Schedule Nr Task (Activity) Period (Month) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 9 1 - Public consultation and awareness campaigns with the PAPs. 2 A Verification RAP Study of the road corridor, Socio- economic activities of the PAPs and identification of structures and other physical features requiring evaluation, valuation, Verification, Compensation and issuance of notice to relocate. 3 Putting together the required machinery, legal and educational processes, training of resettlement staff 4 Compensation and resettlement of PAPs (Sourcing of resettlement sites in consultation with PAPs &stakeholders). Use of media like radio to disseminate information on meetings with PAPs Detailed road route survey and reclaiming of encroached land 5 for the road upgrade 6 Clearing of proposed road corridor earmarked for upgrade and construction activities as well as continuing of upgrade and other construction activities. 7 Management of grievances, monitoring and evaluation of resettlement of PAPs especially vulnerable groups 8 Social needs assessment infrastructure identification process 9 Construction of social infrastructure KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 - 46 - 13 COSTS AND BUDGETS 167. The RAP budget has been determined for affected assets including structures, businesses and trees affected by the 157 km long stretch of the Proposed Upgrade of Modogashe – Samatar – Wajir Road (A13) project. This is summarized as follows:- Table 18: Summary of various types of affected assets and related costs Type of Affected Assets Total Number of Owners Estimated Cost/Value (Ksh) 1 Permanent and Semi permanent 439,589,273 structures 2 Fences 4,092,001 3 Trees 1,494,025 4 Community Water points 293,986 5 Training and capacity building of 25,000,000 PAPs 6 Facilitation of grievance redress 25,000,000 and resettlement committees 7 External monitoring and 15,000,000 evaluation 8 Livelihood restoration activities 100,000,000 Subtotal 8447 610,469,285 Contingency cost (15%) of subtotal 91,570,392.8 Total Affected Asset Owners 702,039,678 13.1 Total RAP Budget 168. Taking into account all factors, it is our opinion that compensation for land, structures, loss of business and trees to be affected during the Proposed Upgrade of Modogashe - Samatar - Wajir Road (A13) as compensated based on full replacement value and free from all encumbrances is Kshs 702,039,678 with a 15% disturbance allowance for all affected structures and any other cost to the PAPs being included as broken down in Table 19. Refer to Annex 1 for the list of PAPs and the Valuation Tables. Table 19: Summary of the Cost of Resettlement for Modogashe to Wajir Road Project # Project Areas RAP Budget in Initial RAP Budget in Reviewed RAP (Kshs) RAP (Kshs) 1. Modogashe 25,396,730 31,959,972 2. Skanska 6,820,311 5,575,013 3. Habaswein 121,214,106 5,891,470 4. Lagdima 2,379,030 9,171,738 5. Kanchara 7,830,607 20,117,991 6. Samatar/ Guticha 849,146 748,115 7. Laghbogol Town Centre 51,909,724 64,785,423 8. Busibusi 3,286,917 1,183,738 7 7 The affected asset owners own a combination of more than one type/category of assets (Refer to asst registers) KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -47 - # Project Areas RAP Budget in Initial RAP Budget in Reviewed RAP (Kshs) RAP (Kshs) 9. Bojiyare Location 9,683,179 8,887,079 10. Leheley Town Centre 52,018,579 49,431,134 11. Alimahu, Furahia & South C 3,469,370 3,409,083 12. Bypass (Baruwako,Jogoo & Halane) 44,534,260 40,537,385 13. Wajir CBD & Township 203,771,144 203,771,144 Total 533,163,101 445,469,285 169. The budget will however be set higher (by 15-30%) than this since there may be price variations occurring between the date of this valuation and the time the actual compensation is paid out, and to cater for areas with disputed boundaries like Modogashe Market area. 13.2 Flow of Funds 170. It will be the responsibility of KeNHA through the NLC to channel payment directly to affected persons bank account with respect to land, houses, other structures and any allowances. KeNHA will also be responsible for contracting an independent institution to undertake the independent monitoring if deemed necessary to evaluate how the compensation process is carried out and measure its success or otherwise. 13.3 Compensation Rates for Structures 171. For the purposes of this exercise, the full replacement value of putting up a similar structure has been used to determine the compensation value for structures affected by the road project. Compensation price rates used varied from Kshs 650.85 -74.35 per sq. feet for temporary houses, Kshs 743.5– 650 per sq. feet for semi-permanent houses, and Kshs 2196 – 1579.9 per sq. feet for permanent houses. 13.4 Project Approach 172. The calculation at full replacement values was made using information collected from both secondary and primary sources. There were direct interviews with project affected and interested persons located along the Modogashe - Samatar - Wajir Road (A13) earmarked for upgrade and from the local administration. Full Replacement Value for community and commercial land will be based on its productive potential. Full Replacement value of houses and structures will be based on fair prices for new building materials and labour, without any deductions made for depreciations or for salvaged building materials. The Full Replacement Value of land structures forms the basis for replacement of these assets. 13.5 Findings 173. Majority of the land in the project area is Community Land with the process of adjudication on going and some individual/private organisation land owners either have land titles or are in the process of obtaining them. These documented parcels are mainly located within the town centres. The project area has plenty of land that would be available to the Proponent to resettle the PAPs as compensation for the land lost to the project. Consultations with the PAPs who are pastoralists indicated that cash payment for their structures would be appropriate and materials salvaged shall KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -48 - be relocated to develop new structures within their immediate neighbourhood. The areas affected by the road upgrade project do not have an active property market. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -49 - 14 BIBLIOGRAPHY The Agriculture Act (Cap 318) The Public Roads and Roads of Access Act (Cap. 399) The Forests Act, 2005 The Land Act 2012 The Land Adjudication Act, Cap. 284 The Land Control Act Cap 302 The Land (Group Representative) Act Cap 287 The Land Planning Act, CAP 303 The Local Government Act, CAP 265 The Occupational Safety and Health Act, 2007 The Physical Planning Act, CAP 286 The Public Health Act, CAP 242 The Traffic Act Cap. 403 The Water Act, 2002 The Water Quality Regulations, 2006 Trust Lands Act Cap. 288 The Valuers Act Cap 532 Republic of Kenya, National Development Plan Resettlement Action Plan Final Report Proposed Upgrading to Bitumen Standards of Modogashe-Samatar Road Resettlement Action Plan Final Report Proposed Upgrading to Bitumen Standards of Samatar-Wajir Road Road Coordinates for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar- Wajir Road by Intercontinental Consultants and Technocrats United Nations Environment Programme (UNEP). 1996. Environmental Impact Assessment: Issues, Trends and Practice. World Bank Resettlement Handbook. World Bank. 1993. The World Bank and the Environment. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -50 - 15 COLOPHON KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Client: The Kenya National Highways Authority Project: Reviewed and Updated Resettlement Action Plan (RAP) for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar- Wajir Road KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 -51 - ANNEXES KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 1: Asset Registers KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MODOGASHE KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 SKANSKA KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 HABASWEIN KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 LAGDIMA KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KANCHARA KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 GUTICHA/ SAMATAR KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 LAGBOGOL KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 BUSI BUSI KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 BOJIYARE KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 LEHELEY KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 ALIMAHU & SOUTH C KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 BYPASS KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 WAJIR TOWN KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 2: Completed Key Stakeholder Questionnaires During RAP Review Study KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 . Annex 3: Key Stakeholders Contacted During The RAP Review Study KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KEY STAKEHOLDERS CONTACTED DURING THE RAP REVIEW STUDY # People Contacted Information Provided 1. Mr. Walter Barongo  Provided Management Support Deputy Director, Environment & Social  Provided Project Information Safeguards Kenya National Highways Authority (KeNHA) Blue Shield Towers, Hospital Road, Upper Hill P.O. Box 49712 – 00100, Nairobi Kenya Tel:+254-20-8013842 E-mail: w.nyatwanga@kenha.co.ke 2. Eng. James Kariuki  Provided Management Support Project Engineer  Provided Project Information Kenya National Highways Authority (KeNHA) Blue Shield Towers, Hospital Road, Upper Hill P.O. Box 49712 – 00100, Nairobi Kenya Tel:+254-20-8013842 Email: j.kariuki@kenha.co.ke 3. Lucy Wainaina  Provided Management Support Senior sociologist  Provided Project Information Kenya National Highways Authority (KeNHA) Blue Shield Towers, Hospital Road, Upper Hill P.O. Box 49712 – 00100, Nairobi Kenya Tel:+254-20-8013842 E-mail: l.wainaina@kenha.co.ke 4. Gicovi Njue  Provided Management Support Senior Valuer  Provided Project Information Kenya National Highways Authority (KeNHA) Blue Shield Towers, Hospital Road, Upper Hill P.O. Box 49712 – 00100, Nairobi Kenya Tel:+254-20-8013842 E-mail: g.njue@kenha.co.ke 5. Chrek Masua  Received RAP Review Team Tel: Deputy County Commissioner,  Provided Administration Support Wajir East Sub County Tel: 0727656064 6. Richard Kipkosgei  Received RAP Review Team Assistant County Commissioner,  Provided Administration Support Wajir East Sub County  Tel: 0720713786 7. Nassir Ali Elim  Received RAP Review Team Assistant Chief,  Participated in PCM Wajir Township Sublocation  Hosted the PCM Tel: 0720336992 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # People Contacted Information Provided 8. Wajir Town Administrator  Received RAP Review Team Tel: 0723102314  Participated in PCM  Hosted the PCM 9. Mohamed Hasan  Received RAP Review Team Assistant Chief,  Participated in PCM Alimaow Sublocation  Hosted the PCM Tel: 0728001246 10. Supkem  Received RAP Review Team Wajir Branch  Provided Administration Support Tel: 0708888895 11. County Chief Officer  Received RAP Review Team Lands and Physical Planning  Provided Administration Support County Government of Wajir Tel: 0724342812 12. Muktar Ahmed Osman  Received RAP Review Team Wajir County Roads Engineer  Provided Administration Support County Government of Wajir TeL: 0724347118 13. Abdikadir Barrow Chief,  Received RAP Review Team Alimaow Location  Provided Administration Support TeL: 0721290121 14. Mohamed D. Maalim  Received RAP Review Team Chief Furaha Location  Provided Administration Support Tel: 0714430246 15. Hussein Osman Abdi  Received RAP Review Team Chief Borjiheri Location  Provided Administration Support Tel: 0721860991 16. Mohamed Kuresh  Received RAP Review Team Arid land Development Focus  Provided Administration Support Tel: 0710220700 17. Assistant Chief,  Received RAP Review Team Borjiyare Sub Location  Provided Administration Support Tel: 0710931187 18. Issa Salan Fatule  Received RAP Review Team Snr Assistant Chief,  Provided Administration Support Skanska Sub Location Tel: 0726545048 19. Abdkadir Abdullahi Filled in RAP Stakeholder Questionnaire Tel: 0722179535 20. Mohamed Ibrahim Senior Chief Filled in RAP Stakeholder Questionnaire Tel: 0721881589 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # People Contacted Information Provided 21. Abdullahi M. Osman Filled in RAP Stakeholder Questionnaire Tel: 0720776078 22. Haret Ahmed Filled in RAP Stakeholder Questionnaire Tel:0720083055 23. Ahmed Abdi Filled in RAP Stakeholder Questionnaire Tel: 0728154317 24. Mohamed Jimale Filled in RAP Stakeholder Questionnaire Tel: 0705088306 25. Ali Osman Abdi Filled in RAP Stakeholder Questionnaire Tel: 0717312186 26. Khalif Sadeko Filled in RAP Stakeholder Questionnaire Tel: 0722397851 27. Kadija Billow Mohamed Filled in RAP Stakeholder Questionnaire Tel: 0720128154 28. Hassan Mohamed Roble Filled in RAP Stakeholder Questionnaire Tel: 0728212072 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 4: Analysis of Stakeholders Feedback Received During RAP Review Study KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Analysis of Stakeholders Feedback March 2019 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication 1. Nassir Ali Elim Assistant 11172766 0720336992 Coordination of The project will ease High Contractor to ensure that Chief, Wajir National l transportation ensuring timely there is good drainage Township Government transportation of goods and system Sublocation Projects at the local services. The local level. Ensuring communities will no longer be KeNHA will consider the security, law and cut off from the rest of the views and opinions of the order county due to lack of road affected persons network It will lead to demolition of building that have encroached on the road reserve 2. N/A Wajir Town N/A 0723102314 County The project will open up the High Ensure the project is done Administrator Government of County through connecting it well to the expected Wajir to the rest of Kenya. standards The project will take long to be implemented 3. Mohamed Hasan Assistant 22531789 0728001246 Coordination of Tarmacking of the road will High Promote the local Chief, National l be a great step development community by building Alimaow Government initiative to the region which toilet facilities for then Sublocation Projects at the local has been marginalised since level. Ensuring independent. Ensure continued public security, law and participation and order It will lead to demolition of sensitization building that have encroached on the road reserve KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication 4. Chrek Masua Deputy 20062675 0727656064 Coordination of The project will spur High Compensate the affected County National l economic development by people Commissioner, Government opening up the area and Wajir East Sub Projects at the local improving accessibility. County level. Ensuring security, law and It will improve the livelihood order of the local community and improve access to the market for their livestock a 5. Richard Assistant 20477250 0720713786 Coordination of The project will ensure fast High Involve all the Kipkosgei County National l and efficient transport and stakeholders and employ Commissioner, Government open up Wajir County to the local labour force and use Wajir East Sub Projects at the local rest of Kenya locally available raw County level. Ensuring materials for road security, law and The cost of living will be construction order reduced by easy cost of transport resulting to lower commodity prices 6. N/A Supkem Wajir 13442156 0708888895 Spiritual Leader The project will bring High Compensate the PAPs for Branch development to the larger demolished structures Northern Eastern Kenya. It will lead to demolition of structures and affect businesses. It will lead to displacement 7. N/A County Chief 9565123 0724342812 County The Project will open up the High Compensate the PAPs for Officer - Government of region and connect it to other demolished structures. Lands and Wajir regions of Kenya Physical Ensure continued public Planning It will displace PAPs who participation and have encroached on the ROW sensitization KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication 8. Muktar Ahmed Wajir County 22991986 0724347118 County The project will improve High KenHA will dig wells and Osman Roads Government of accessibility and movement of construct other social Engineer Wajir goods and services. facilities such as schools and dams for the locals It will open iso the North Eastern Kenya region The project may bring increase HIVAIDs infections and bring about environmental changes 9. Abdikadir Barrow Chief, 6822019 0721290121 Coordination of The project will improve High Compensate the PAPs for Alimaow National l accessibility and movement of demolished structures and Location Government goods and services. other affected assets Projects at the local level. Ensuring It will lead to demolition of security, law and structures and affect order businesses. It will lead to displacement. It will impact on environment 10. Mohamed D. Chief Furaha 24677087 0714430246 Coordination of This will be the historical High Compensate the PAPs for Maalim Location National l tarmac road to reach North demolished structures. Government Eastern Kenya Projects at the local Ensure continued public level. Ensuring It will lead to demolition of participation and security, law and structures and affect sensitization. order businesses. It will lead to displacement. 11. Hussein Osman Chief Borjiheri 0004252 0721860991 Coordination of The project will improve High Compensate the PAPs for Abdi Location National l accessibility and movement of demolished structures and Government goods and services. other assets. Projects at the local KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication level. Ensuring The improved road may result Lack of compensation will security, law and to speeding vehicles causing cause conflict between the order accidents community and KeNHA. It will lead to demolition of structures and affect businesses. It will lead to displacement. It will impact on environment 12. Mohamed Kuresh Arid land 10116821 0710220700 NGO The project is a noble project High Ensure that the quality of Development which will reduce travel hours the road is not Focus compromised by the It may take longer to contractor implement this project than promised. The quality of road constructed maybe compromised 13. N/A Assistant 7684095 0710931187 Coordination of This will be a permanent road High Compensate the PAPs for Chief, National l for use by the current and demolished structures and Borjiyare Sub Government future generations. other assets. Location Projects at the local level. Ensuring It will lead to demolition of security, law and structures and affect order businesses. It will lead to displacement. It will impact on environment 14. Issa Salan Fatule Snr Assistant 8672829 0726545048 Coordination of The proposed project will High The concern Surveyors Chief, Skanska National l beneficial to the community if will carry out their work Sub Location Government the affected peoples are more accurately so that no Projects at the local compensated. affected persons are left KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication level. Ensuring out when enumerating and security, law and There has been conflicting compensating the PAPs. order information coming from Compensate the PAPs for different Surveyors about the demolished structures and people being acted. other assets. It will lead to demolition of structures and affect businesses. It will lead to displacement. 15. Abdkadir N/A 22353403 0722179535 Local Stakeholder Supports the project in hope Medium The project will create job Abdullahi that it will help the opportunities for the community locals, build schools and construct dams 16. Mohamed Senior Chief 6822341 0721881589 Coordination of The proposed project will High Fully compensate the Ibrahim National l beneficial by improving the PAPs for demolished Government business growth. structures and other Projects at the local assets. level. Ensuring It will lead to demolition of security, law and structures and affect Minimise environmental order businesses. It will lead to impacts displacement. The project will be on schedule and not delayed 17. Abdullahi M. N/A 0653856 0720776078 Local Stakeholder It a good project which will High Ensure that demolition of Osman at Habasweni spur development and structures is reduced. enhance transport and communication. Ensure continued public participation and It will lead to demolition of sensitization. structures and affect businesses. It will lead to displacement. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication 18. Haret Ahmed N/A 30754937 0720083055 Local Stakeholder It will lead to demolition of High Have a Resettlement Plan at Habasweni structures and affect and fully compensate the businesses. It will lead to PAPs for demolished displacement. structures and other assets. The Contractor will be community friendly 19. Ahmed Abdi N/A 27158883 0728154317 Local Stakeholder The project will spur High Fully compensate the at Borjiyare development and enhance PAPs for demolished transport and communication. structures and other assets. It will generate dust which will impact on the Minimise environmental environment impacts The project will displace many people 20. Mohamed Jimale N/A 35421455 0705088306 Local Stakeholder The project will enhance High The project will construct at Borjiyare transport and communication. dams for the local communities Will lead to environmental degradation by cutting down Fully compensate the trees PAPs for demolished structures and other It will lead to demolition of assets. structures and affect businesses. It will lead to The Project will engage displacement. local labour during construction 21. Ali Osman Abdi N/A 0036951 0717312186 Local Stakeholder The project will ease transport High Put bumps on the road to at Borjiyare of goods and people. It will reduced vehicle speed and hence reduce accidents KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication hence spur economic grown in the area. Fully compensate the PAPs for demolished It will lead to demolition of structures and other structures and affect assets. businesses. It will lead to displacement. The Project will engage local labour during construction 22. Khalif Sadeko N/A 1173631 0722397851 Local Stakeholder The project will make the road High The project will reduce at Borjiyare accessible and hence quick travel time and hence means of transport. provide cheaper means of transport The improved road may result to speeding vehicles causing Fully compensate the accidents. PAPs for demolished structures and other It will lead to demolition of assets. structures and affect businesses. It will lead to displacement. Lack of compensation will result to revolt and resistance from the local communities 23. Kadija Billow N/A 20097185 0720128154 Local Stakeholder The project will boast the High Fully compensate the Mohamed at Borjiyare local economy and provide PAPs for demolished easy means of transport for structures and other people and goods assets. It will lead to demolition of The Project will engage structures and affect local labour during businesses. It will lead to construction displacement. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 # Stakeholder Department/ ID No. Telephone Involvement or Stakeholder Interest, Goals, Stakeholder Follow-up Actions and Name Organization Role in Project and Concerns Priority Communication Put bumps on the road to Will lead to environmental reduced vehicle speed and pollution hence reduce accidents 24. Hassan Mohamed N/A 11783273 0728212072 Local Stakeholder It will provide faster transport High Fully compensate the Roble at Borjiyare and hence boast the economy PAPs for demolished structures and other It will lead to demolition of assets. structures and affect businesses. It will lead to The Project will engage displacement. local labour during construction Will lead to environmental pollution Put bumps on the road to reduced vehicle speed and hence reduce accidents Mark the road with Zebra Crossings to reduce accidents Respect the local people’s culture KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 5: Analysis of Stakeholders Feedback Received During Initial RAP KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Analysis of Stakeholders Feedback- 2018 Stakeholder Department/ Involvement or Stakeholder Interest, Goals, and Stakeholder Follow-up Actions and # ID No. Telephone Name Organization Role in Project Concerns Priority Communication 1. David Tanui Ocs 8207698 721973542 Government The project will improve economic A Compensate the affected Agency standards and bring in more investors stakeholders and hence more job created. It will safe time on transportation of goods. The project will take the The improved transport system shortest time possible to empowers the locals to market their avoid transport products easily and able to compete inconveniences with other areas 2. Abdirashid Ward 22494107 0722104264 Government It will reduce the overall cost of A Replace drifts with bridges Ahmed Admistrator Agency repairs and maintenance of vehicles to enhance the flow of and reduce the amount of fuel used traffic even during the rainy It will enhance the cross border trade seasons that will in turn improve the living standards of the local community 3. Mohamed Businessman 7997870 0704387034 Stakeholder- Easy access to various places and B Speed bumps will be Ahmed Ali Business major towns. erected because of crossing Interruption with businesses on the children and livestock to road corridor avoid possible accidents by over speeding vehicles. Improvement of transport hence increasing efficiency Erection of road signs to alert drivers. The project will proceed so that we realize its benefits 4. Mohamed Adan Agricultural 1264728 0728575830 Stake holder Many incidences of accidents due to B Labeling of zebra crossing, Emil extension officer over speeding drivers construction of speed Improvement and enhancement of bumps and enactment of development road signs. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Stakeholder Department/ Involvement or Stakeholder Interest, Goals, and Stakeholder Follow-up Actions and # ID No. Telephone Name Organization Role in Project Concerns Priority Communication Corporate Social Responsibility (CSR) to be initiated e.g. construction of a permanent secondary school. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 6: Minutes of Consultation Meetings Done During RAP Review Study KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT OUTSIDE COUNTY COMMISSIONER’S OFFICE, MODOGASHE TOWN ON 13 TH MARCH 2019 AT 9:00 AM Number Present: 36 Male: 16 Female: 20 Attendance List: (See attached) AGENDA OF THE MEETING 1. Opening of the meeting/Word of prayer 2. Introduction of participants 3. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 4. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 5. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 6. Closing remarks 7. A.O.B 8. Closing/prayer Minute 01: Opening of the meeting The meeting commenced at 10.00 a.m. with a word of prayer by Ismail Abdikadir The area chief Abdikadir Abdullahi welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: Are permanent house valued in the same manner as permanent houses A1: No. All structures are not similar hence the mode of their valuation is different because of the materials used in constructing them Q2: Isiolo Modogashe, Modogashe Wajir and Nuno Garissa roads were valued using different rates. This will cause clashes therefore correct this early enough. A2: It is unfortunate if such a scenario happened. KeNHA has given us the mandate to carry out the RAP on Modogashe - Samatar - Wajir Road and since we are doing a review of this road, our valuer who is competitive and qualified will do his work using the rates provided by the current market value. Q3: One house was captured and the other one left out during last survey. Advise me on this A3: We are reviewing the previous RAP that was done and our surveyor will help in identifying such gaps which will later be filled Q4: Will demolition occur before or after compensation? KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 A4: It will be unlawful and non-compliant to the WB polices for any house to be demolished before compensation is paid. The law provides for compensation before demolition. Compensation for affected assets will be paid through the National Land Commission. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. All affected persons will be involved and consulted before the commencement of road construction. Q5: When shall we be paid? A5: The time for payments will be determined by KeNHA and the NLC and the PAPs shall be informed well in advance. Q6: When shall the project start? A6: It will take a while. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. There being no any other business to discuss, the meeting came to an end at 1.00 pm by a word of prayer from Ismail Abdikadir KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT SKANSKA CENTRE ON 13TH MARCH 2019 AT 2:00 PM Number Present: 21 Male: 20 Female: 01 Attendance List: (See attached) AGENDA OF THE MEETING 9. Opening of the meeting/Word of prayer 10. Introduction of participants 11. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 12. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 13. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 14. Closing remarks 15. A.O.B 16. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 2.00 p.m. by Abdi Beidid. The area chief Issa Salan Fatule welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: Who is constructing the road, is it KeNHA or international company? A1: This is class A road which is under the jurisdiction of KeNHA. KeNHA is the client and construction process start with a bidding process whereby a contractor shall be procured. As at now the contractor is not yet known Q2: I never saw PAPs in Nunu Modogashe road being compensated yet their houses were demolished. Is the same tragedy going to face us? A2: No. It will be unlawful and non-compliant to the WB polices for any house to be demolished before compensation is paid. The law provides for compensation before demolition. Compensation for affected assets will be paid through the National Land Commission. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. All affected persons will be involved and consulted before the commencement of road construction. Q3: In 2018, I was not captured as a PAP and now I am. What has changed? A3: There could be a shift on the road or maybe it was an omission. Such gaps will be identified and filled by our surveyor and valuer. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q4: I have a house and an underground tank. My house was said to be on the ROW and captured and my tank left out. How shall I be assisted? A4: Your house seems to be within the road corridor and that is why it was captured while the tank was away from the wayleave Q5: There is too much paper work and we waste our time coming to such meetings. Why are these meetings so frequent? A5: As part of the requirements for carrying out RAP, we are required to consult and sensitize PAPs on any development project since they are great stakeholders. You expect more meetings to come in future in which you shall be informed accordingly. We invite you to such meetings to make you participate and have possession of the project. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. Q6: I was told in 2018 that my house was within the road corridor and now when the review was done, I was told it’s outside the corridor. I have lost time and money for this confusion. Will there be another survey that will provide contrary results again? A6: It was very crucial to carry out a review of this RAP and one of our objectives was to bridge and gaps that would have been left out during the last RAP. There is no other survey for this road again. Q7: We were told by KeNHA in 2017 that everything would be transparent, now my future development plans have been distorted with the current review of the RAP. I have been told now that it’s my verandah that has been affected. How can I live in a house without a verandah? A7: It was very crucial to carry out a review of this RAP and one of our objectives was to bridge and gaps that would have been left out during the last RAP. When the verandah is demolished it would affect other parts of your house and even make it weaker hence your whole house will be valued Q8: Plots were being considered for compensation in the 2018 RAP and now they have been left out. Why has it happened so? A8: KeNHA claims that the proposed wayleave belongs to them. Under our review of this RAP, land owners with legal ownership documents like allotment letters shall be taken care of by NLC with support from County Government, Chiefs, Village Elders and Religious leaders. Q9: I want to know the amount of money to be paid to me as compensation A9; At this level, the figures that we have are draft and need to kept as confidential. Q10: The project should not come with loss now that I have accepted it A10: The PAPs and the stakeholders should rest assured that this project has a lot of benefits and proponents and their Consultant teams appreciates the community members for accepting it and supporting the project Q11: There should be no demolition without compensation A11: This is a good suggestion. You will be compensated before any demolition occurs. It will be unlawful and non- compliant to the WB polices for any house to be demolished before compensation is paid. The law provides for compensation before demolition. Compensation for affected assets will be paid through the National Land Commission. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. All affected persons will be involved and consulted before the commencement of road construction. Q12: I own a structure, plot and business. In your review the plot and business were not captured while the structure was. Why is there such a variation? A12: Under our review of this RAP, land owners with legal ownership documents like allotment letters shall be taken care of by NLC with support from County Government, Chiefs, Village Elders and Religious leaders. If your business was valued during the last RAP then you need not to worry but in case you started your business after the cut off date of August 2018, then expect no compensation KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q13: Structures were awarded to owners who didn’t own them in 2018 RAP. Explain the reason for this A13: It was very crucial to carry out a review of this RAP and one of our objectives was to bridge and gaps that would have been left out during the last RAP. Our surveyor and valuer are on the ground and they will help in solving such problems Q14: There is contrary information on capturing of affected property. In 2018 RAP I was told it was the whole house and now it is said that it is partially affected and specifically the verandah. Clarify this matter A14: Since it is the verandah that has been affected in the current RAP, it is assumed to be the whole house and if the verandah is demolished it will make your house unstable. There being no any other business to discuss, the meeting came to an end at 4.00 pm by a word of prayer from one of the participants KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT BARAKA PARK, HABASWEIN TOWN ON 12TH MARCH 2019 AT 9:00 AM Number Present: 56 Attendance List: (See attached) AGENDA OF THE MEETING 17. Opening of the meeting/Word of prayer 18. Introduction of participants 19. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 20. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 21. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 22. Closing remarks 23. A.O.B 24. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 10.00 a.m. by one of the Participants. The area chief Khalif Sirat Farah welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. NB: The Habwasein PAPs stated that their continued support for the project is limited to the condition that no structures will be demolished. They said they would not allow demolition of their permanent shops and houses not even with compensation. They said having lived and worked in an ASAL region, they all have spent their whole lifetime building these structures and therefore have a special attachment to them which no amount of money can buy KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: There were people with property within the 60m corridor, how would the proponent deal with it? A1: All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q2: There has been too much talk on the rehabilitation of the road but no tangible work has been done on the road, when will the road be constructed? A2: Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. Q3: In the previous Consultations, it was agreed that the road construction works should avoid demolition of all permanent structures within the Habaswein town; is this still the case? A3: The draft report has stated likewise so the the RAP review team will consider and confirm this from the road design coordinates given by the KeNHA. Q4: Are permanent house valued in the same manner as permanent houses? A4: No. All structures are not similar hence the mode of their valuation is different because of the materials used in constructing them Q5: There was need for involvement of locals in employment Member A5: In terms of employment the locals will be given first priority when it comes to job distribution. Q6: Would bridges be constructed across laggas and drifts? A6: The design for the proposed rehabilitation of the road have provide for bridges at all the river crossings hence modern bridges will be constructed at all the necessary areas as per the design. There being no any other business to discuss, the meeting came to an end at 12.00 pm by a word of prayer from one of the participants KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT BARAZA PARK, LAGBOGOL TOWN ON 12TH MARCH 2019 AT 2:00 PM Number Present: 40 Male: 33 Female: 07 Attendance List: (See attached) AGENDA OF THE MEETING 25. Opening of the meeting/Word of prayer 26. Introduction of participants 27. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 28. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 29. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 30. Closing remarks 31. A.O.B 32. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 10.00 a.m. by one of the participants The area chief Mohammed Ibrahim welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: The initial road is bigger than Nairobi roads, why should it cause displacement? A1: Most of Nairobi roads are within the towns and are governed by KURA. This is a class A road which KeNHA requires to rehabilitate and since the 60m wayleave is required so displacement might occur in case you happen to be within the corridor Q2: I Suggest that the road project should continue A2: This is a good idea and thank you for accepting the project Q3: The road has caused loss to me. I cannot do any development on my land A3: You are allowed to do development on the area outside the wayleave. The surveyor will show you the boundary of your land Q4: Too much paper work. When will this continue to? (Fatigued) A4: As part of the requirements for carrying out RAP, we are required to consult and sensitize PAPs on any development project since they are great stakeholders. You should still expect more meetings to come in future in which you shall be informed accordingly. We invite you to such meetings to make you participate and have possession of the project. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. Q5: When shall we be paid? A5: The time for payments will be determined by KeNHA and the NLC and the PAPs shall be informed well in advance. Q6: When shall the project start? A6: It will take a while. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. Q6: When will this survey end? A6: It is a gradual process and as soon as we reach the end point of our road in Wajir town, we shall end this survey. Q7: Where shall we go if we are displaced during demolition? A7: The law provides for compensation before demolition. Compensation for affected assets will be paid through the National Land Commission. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. All affected persons will be involved and consulted before the commencement of road construction. Q8: We were told about the commencement of the road in September 2019, what has happened again? A8: We were not informed as such before so we will ask KeNHA to clarify on this matter and feedback the community in subsequent meetings Q9: How is valuation of plots and structures done? A9: Matters related to lands and plots shall be handled by NLC Valuers using the laid down procedures on the NLC Act and based on prevailing market rates. Structures are valued in relation to type of structures e.g. permanent, semi- permanent and temporary structures and the rates used for these structures are not the same. Q10: What I require is compensation before demolition. Give me an assurance of this A10: It will be unlawful and non-compliant to the WB polices for any house to be demolished before compensation is paid. The law provides for compensation before demolition. Compensation for affected assets will be paid through the National Land Commission. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. All affected persons will be involved and consulted before the commencement of road construction. Q11: I suggest the you provide to us the names of PAPs for this road A11: We will implement this through the chiefs and KeNHA after the RAP review process is completed Q12: I am fatigued, stressed and experiences sleepless nights because of this road A12: The PAPs and the stakeholders should rest assured that this project has a lot of benefits and proponents and their Consultant teams appreciates the community members for accepting it and supporting the project Q13: There have been frequent visits and too much talk on the rehabilitation of the road but no tangible work has been done on the road, when will the road be constructed? A13: As part of the requirements for carrying out RAP, we are required to consult and sensitize PAPs on any development project since they are great stakeholders. You should still expect more meetings to come in future in which you shall be informed accordingly. We invite you to such meetings to make you participate and have possession of the project. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction. Q14: I need clarification on what is affected. May you also provide the names of the PAPs – By Mohammed Ali KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 A14: The properties valued during RAP are land, structures, trees, crops and businesses. The surveyor will help you to identify what is affected and what is not. The names of PAPs will be accessible to you through the chiefs Q15: Plot owners need to be identified and made known A15: Each one of you knows his or her genuine plot. PAPS with allotment letters will be taken as legitimate plot/land owners. The chiefs, village elders and County Government of Wajir be a major player on this role Q16: There is need to identify plot owners who were PAPs and now are not PAPs A16: The surveyor will assist in identifying where such gaps exist. If a PAP has an allotment letter he or she will be identified and recorded Q17: I want to know my people who are affected by this road project during the previous survey - Mohammed Ibrahim – By Chief Lagbogol North A17: The list of PAPs will be availed to you Q18: What is the width of the road? Q19: What is the size of the wayleave? A19: 60m Q20: SGR compensation was messy when NLC took over the compensation. Give us an assurance that we shall not be victims of what happened during that compensation A20: The compensation exercise will be open and transparent. You will be shown the amount you are to be paid when the right time comes and sign against if you accept. If in disagreement you are allowed to hire a private valuer of your choice at your own cost Q22: I want to know whether my house is on the road corridor A22: The surveyor will help you in knowing where your structure lies There being no any other business to discuss, the meeting came to an end at 12.00 pm by a word of prayer from one of the participants KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT LEHELEY TOWN ON 14TH MARCH 2019 AT 10:00 AM Number Present: 48 Male: 37 Female: 11 Attendance List: (See attached) AGENDA OF THE MEETING 33. Opening of the meeting/Word of prayer 34. Introduction of participants 35. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 36. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 37. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 38. Closing remarks 39. A.O.B 40. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 10.00 a.m. by one of the participants. The area chief welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: I have no hope according to how things are happening now. I am afraid that I won’t be compensated A1: It’s too early to loose hope. We are here to make you confident that this project is alive. I assure you that you will be compensated. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q2: How will you handle the mater of graves found on the road corridor? A2 According to Islamic faith, graves are and graveyards are restricted areas. Such areas shall be avoided and the design engineer will we advised to look at the road alignment in such places Q3: There is a mosque next to the ROW. How will you handle this? A3: This is a holy house of God. Such areas shall be avoided and the design engineer will we advised to look at the road alignment in such places KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q4: There is a shallow well being used by livestock and human beings and it is found along the road corridor. How will it be valued? A4: Since the shallow well within the road corridor will be a hazard to the road users, it will be valued and another one drilled for community use Q5: I need compensation before demolition A5: This is KeNHA's policy and it will be implemented as you have requested. Property valuation shall be done in order to compute compensation packages of the properties that shall be affected and damaged including trees, buildings and other structures. Q7: I am tired and do not want stories from the consultant – By Mohammed Ibrahim Abdi A7: As part of the requirements for carrying out RAP, we are required to consult and sensitize PAPs on any development project since they are great stakeholders. You should still expect more meetings to come in future in which you shall be informed accordingly. We invite you to such meetings to make you participate and have possession of the project. Q8: Am I guaranteed that I will be compensated? – By Mohammed Ibrahim Abdi A8: Yes. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. A9: I had constructed my house up to the lintel level. I fear that I won’t be compensated because I see different people on the ground. I can compare my fate to what happened to Nuno Modogashe PAPS A9: If you constructed your house outside the cutoff date, you won’t be compensated. We are on the ground to review and update the RAP that was done previously. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q10: Since the government is capable of compensating PAPs, the money should be used in developing a fly over in this area instead of demolishing houses. The current space is enough – By Gulled Ibrahim A10: The design of this road was not for a fly over hence not possible to implement this. The space is not enough and that’s why KeNHA requires a wayleave of 60m Q12: I do not need the road if I won’t be compensated A12: All PAPs will be compensated. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q13: I am complaining of loss that will be associated with the road. If the loss outweighs the advantages then the road project should not progress A13: The PAPs and the stakeholders should rest assured that this project has a lot of benefits and proponents and their Consultant teams appreciates the community members for accepting it and supporting the project Q14: I want the compensation to be fair A14: Compensation will be fair and just because you will be paid for what has been affected Q15: Tarmacking of Nuno Modogashe road is in patches and some areas have been avoided as an evidence of conflict. Why was this skipping done? A15: KeNHA has to go on the ground and establish the reason as to why some sections of the road have been skipped Q16: Suggested that KeNHA and Religious leaders should visit the site to assess the situation on the ground A16: This is welcome suggestion and it will help in getting a lasting solution for that crisis KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q17: There was selective valuation of structures in Lagbogol during the last RAP in 2018 and this will give you hard time during review A17: This might have occurred as a result of the shift of the road. The surveyor will review and identify any gaps that shall be witnessed. Q18: We formed PAP committees. What was the purpose for this? A18: The purpose of PAP committee is representing the PAPs and later help in solving any disputes arising from the RAP Q19: Payment of PAPS has taken too long. Why? A19: Since the project designs are ready and donors are willing to fund the construction of the road, payment will start as soon as RAP is ready and approved by PAPS. It will take a while and your cooperation is also required to make it a success. There being no any other business to discuss, the meeting came to an end at 12.30 pm by a word of prayer from one of the PAPS KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT SHIKUKU CENTRE ON 18TH MARCH 2019 AT 10:00 AM Number Present: 50 Male: 43 Female: 07 Attendance List: (See attached) AGENDA OF THE MEETING 41. Opening of the meeting/Word of prayer 42. Introduction of participants 43. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 44. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 45. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 46. Closing remarks 47. A.O.B 48. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 10.00 a.m. by one of the PAPs The area chief welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: When someone refuses his or her property to be touched, what happens A1: The project is a Government of Kenya Project meant fo the benefit of man so one can only negotiate but not refuse Q2: I need to know where the centre line is A2: The surveyor will show during establishment of the ROW Q3: Business and Plot on road corridor, will such a person be compensated? A3: Yes. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. If you possess land allotment letter which is recognized by the County Government of Wajir, you will be compensated. Business also will be compensated if it falls within the cutoff date Q4: When will demolition start? A4: It will be unfair for your house to be demolished before compensation. The law provides for compensation before demolition. Notice for demolition will be provided. Since the project designs are ready and there are donors willing to fund the construction of the road, the construction works will start as soon as RAP is ready and approved and PAPs have been paid their compensation packages and relocated to other areas to clear the way leave area for the road construction KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q4: I own a business in someone's structure. What will happen to me if the owner of the structure resists demolition? – By Halima Adan A4: You will be paid to compensate for the loss of your business Q5: One side of the road was measured and one side was left out. Why did it happen so? A5: The surveyor will be on the ground and will be able to establish this had happened but from what was seen was that on the righthand side as you move towards Wajir town looks wide and spacious than the left wing and that is why maybe the focus was on one side Q6: What will happen to graveyards on road corridor A6: According to Islamic faith, graves are and graveyards are restricted areas. Such areas shall be avoided and the design engineer will we advised to look at the road alignment in such places Q7: Where is the new road alignment following, is it all the way to Mandera or through stadium? A7: The surveyor will show during establishment of the ROW. The road is direct from Modogashe to Wajir town near Equity Bank which is the end point. It does not divert to the stadium. Our section does not proceed to Mandera There being no any other business to discuss, the meeting came to an end at 1.00 pm by a word of prayer from one of the Participants KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MINUTES OF RAP STUDIES FOR REVIEW AND UPDATING OF THE MODOGASHE – WAJIR ROAD HELD AT CHIEF’S OFFICE, WAJIR TOWN ON 18TH MARCH 2019 AT 4:00 PM Number Present: 47 Male: 32 Female: 15 Attendance List: (See attached) AGENDA OF THE MEETING 49. Opening of the meeting/Word of prayer 50. Introduction of participants 51. Purpose of conducting the consultation/sensitization meeting with the community and relevant stake holders 52. Introduction of the proposed project and its various components, benefits and possible impacts/mitigation measures 53. Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team 54. Closing remarks 55. A.O.B 56. Closing/prayer Minute 01: Opening of the meeting The meeting commenced with a word of prayer at 10.00 a.m. by one of the participants. The area chief welcomed all members and told them to embrace the long-awaited road project. Minute 02: Introduction of the participants The area chief introduced the meeting organizers who included his colleagues and peers from both the National and County governments and the RAP review team. All organizers introduced themselves by their names and roles in the government and in the RAP review team. The RAP review team leader gave an introduction of the project and explained the positive and negative impacts that the project will have towards the community and the region. Minute 03: Purpose of conducting the consultation The Sociologist from the team of experts explained the importance of public participation and consultations before the project is undertaken. She explained that that would help in giving the communities a sense of ownership of the project. She also explained the importance of the project and stakeholders’ involvement in the project. Minute 04: Views and questions from the participants of the proposed project with responses and clarifications given by RAP review team Q1: Compensation before demolition- By Abdile (Chairman Commerce) A1: This is welcome. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q2: Provide alternative road to existing one. Maybe tarmacking to end at four miles away from the township - By Zainabu A2: This is welcome. We will advise the client if this could be looked into. The community leaders should liaise with the county government to plan and construct a bypass as the current road design does not include a bypass. Q3: My proposal is to retain our houses and still allow the road project to continue – By Mustapha A3: KeNHA will use the existing road corridor within Wajir town in order to minimize the impact of demolition KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q4: Are you working on new design or using the existing road corridor? – By Mustapha A4: KeNHA will use the existing road corridor within Wajir town in order to minimize the impact of demolition Q5: A section of this road was tarmacked by the county government. What interest is KeNHA having on this road again? – By Mustapha A5: The section that the county government tarmacked belongs to KeNHA. This being in class A, KeNHA has planned to tarmac it to bitumen standard. Q6: Maintain the existing road alignment – By Hassan A6: KeNHA will use the existing road corridor within Wajir town in order to minimize the impact of demolition Q7: Tell us the reason for demolishing our buildings – By Farah Abdi A7: We have not come here to do demolition of buildings. Our agenda is to identify PAPs along the proposed ROW Q8: Explain how valuation is done - By Farah Abdi A8: The surveyor establishes the ROW meant for the road. The valuer identifies and records all the affected property such as Structures, Trees, Land, Business and Crops within the ROW under the guidance of the surveyor. Q9: Have you engaged any stakeholders? - By Farah Abdi A9: While planning and inviting people to the meeting, the RAP team had involved the local authority but due to other commitments some of them have, they could not make to the meeting. We have done stakeholders engagement and a number of them have accepted the project. We have contacted the County Commissioner, Deputy County Commissioner, Assistant County Commissioner, Chiefs, NGOs, KPLC, CEC Transport & Lands, CCO Lands, Town Administrator and Religious Leaders. Q10: My house was constructed in 1982 with unique local materials which can’t be found now. How will you replace it if you demolish it? A10: Valuation is usually done at replacement cost Q11: Our rights to ownership of property has to be respected A11: This is a fundamental human right which must be enforced. Q12: What is the purpose of the committees that we were told to form? A12: The purpose of PAP committee is solving any disputes arising from the RAP Q13: I need to know about the hawkers’ fate, where will they go? How will they be compensated? A13: The hawkers are illegally operating at the road sides. The county government constructed a modernized market for them but have abandoned it. They will be compensated as business PAPs and screening will be done to ensure that they are within the cutoff date. Q14: I propose that there be a committee formed to work with the consultant and KeNHA A14: This is welcome. We will advise the client to consider this Q15: What is the size of the road wayleave to be adopted in Wajir Township? A15: KeNHA will use the existing road corridor within Wajir town in order to minimize the impact of demolition. It is estimated to be 10.5m Q16: Why is the ROW reduced in Wajir town? A16: KeNHA will use the existing road corridor within Wajir town which is smaller in order to minimize the impact of demolition Q17: What happens to those who were not captured in the last RAP survey? A17: During the review and the update that we are doing they will be recorded if they happen to be legible PAPs KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Q18: Where does the 60m wayleave start from? – By Abdi Hussein A18: All the way from Modogashe including all the centres outside Wajir town save for Habaswein Q19: I propose that from Furaha area to the Roundabout be reduced to 40 A19: This is welcome. We will advise the client to consider this Q20: Compensation before demolition/payment in advance A20: This is welcome. All affected persons by or community by the project shall be involved and consulted before the commencement of road construction. Compensation will cover all affected property and shall be paid prior to road construction and PAPs given sufficient time to relocate. Q21: Tell us the procedure that you will employ during employment A21: The contractor and KeNHA will offer employment opportunities to the local communities depending on the job vacancies available and available local skills and capabilities. There being no any other business to discuss, the meeting came to an end at 5.30 pm by a word of prayer from one of the PAPs KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 7: Attendance Registers for Consultation Meetings During RAP Review Study KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 MODOGASHE KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 SKANSKA KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 HABASWEIN KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 LAGBOGOL KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 LEHELEY KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 ALIMAO, HODHAN & FURAHA KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 WAJIR TOWNSHIP KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 8: Minutes of Consultation Meetings Done During Initial RAP KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 SUMMARISED MINUTES OF PUBLIC CONSULTATIONS The Public Consultations were held in locations agreed on with the Client and in consultation with the stakeholders. Local leadership was largely relied upon to mobilize the participants. These locations were; Modogashe (Lagdera), Modogashe (Sericho), Skanska, Habaswein, Kanjara, and Guticha. a) Participation: Project information was presented in Kiswahili and Borana and/or Somali since most of the stakeholders understood both. The Consultant organized the public hearings, presented the technical details of the planned project describing the social, economic and cultural status of the project area. The project proponent representative also gave a clear guidance of KeNHA roads so as to ensure that the communities' understood their mandate. The forums also were addressed by the project environmentalist who was present in all the meetings. Their views were sought, and furnished with the requisite replies/information to the questions/ issues that arose during the hearing and kept records of these meetings. The participants included: i Sub County administrators ii Chiefs and Sub-chiefs iii Community leaders (from all locations to be studied) iv Livestock farmers' representative v Businessmen representative vi Transport groups' representative vii A woman representative viii Indigenous and other vulnerable groups representatives ix Representatives from various government Institutions as: - Kenya National Highways Authority - Ministry of Health - Water Resources and Management Authority - Kenya Wildlife Service - Kenya Power and Lighting Corporation - Ministry of Lands - Ministry of Education, Youth and Social Welfare - Ministry of Transport, Roads, Public Works and Housing - National Environmental and Management Authority - Kenya Forest Service, etc. 1. HIGHLIGHTS OF PROCEEDINGS AND FINDINGS: a) Background There were meetings held in all the key trading and settlement centers along the road corridor. Specifically, public consultative were held in Modogashe, Skanska, Habaswein, Kanchara and Guticha/Samatar Centers. As is noted below, two different meetings were held in Modogashe which happens to bestride two Counties, Two Constituencies and is claimed by two Communities. Modogashe lies in Lagdera Sub County/Constituency of Garisa County. This side is inhabited mainly by the Somali Community. The Other Half of Modogashe is based in Garbatula Sub County/Isiolo South Constituency of Isiolo County. This side is inhabited mainly by the Borana Community. There is a historical tiff about the boundary between these two communities which threatens the project. b) Meetings: KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Structure and Sensitization All the meetings were structured in similar manner. The Client took the opportunity to sensitize the communities on the project first, before the consultations were carried out. The meetings were moderated by the Assistant County Commissioner or his delegate in all the venues. Each meeting kicked off with prayers and then introductory remarks on the project by the representative from KeNHA and the Assistant County Commissioner, (ACC).KeNHA informed the people about the project and the respective roles of each stakeholder in the process. It was emphasized that public participation was key. The ACC informed his people that the project can only go on with their full participation and most importantly, if there was peace in the region. Security issues related to the project were pointed out by the ACC. The KeNHA representative gave a project overview and briefed the public on their mandate in regard to the road project. One of their roles was to sensitize the public on the upcoming road construction and public participation of those who will be affected was vital. He also introduced the consultants who were present and that they were there to fulfill that part of the project phase. c) Public Engagements The Social Safeguards Expert then proceeded to make a presentation by guiding the public to discuss their relationship with the proposed road project. It was reiterated that this part of the process was important so as to disseminate information, receive feedback and recommendations from them. Each meeting begun with an identification of stakeholders to ensure a comprehensive participation. The meetings were translated to the local language by a local person to ensure clarity and participation by all. Meetings took on average three to four hours. At the beginning of each meeting the following approach was adopted by common consensus. i Sensitization of the Public on the Road Project ii The potential impacts of the road (Positive and Negative) iii Environmental concerns iv Mitigation measures v Recommendations vi Grievance Redress Mechanisms (GRM) vii Proposed Social Amenities viii Plenary session RAP AND COMPENSATION It was noted that there are fears for loss of land to create room for the project along the settlements and trading centers. Compensation for this land was a subject of great concern in all the meetings but especially in Modogashe and Habaswein Towns. The following approaches were suggested to guide the compensation:  The actual road reserve needs to be clarified since most people do not know they occupy the reserve.  Compensation may be a challenge because the land is Community Land.  If the land to be acquired is on the road reserve, no compensation shall be done. Instead, the PAPS will be given resettlement assistance and livelihood restoration in their new place.  If the road project will need land that is not originally on the road reserve, this shall be assessed, valued and compensated accordingly.  If any burial sites or other amenities are affected will be affected, a discussion will be entered with those affected to decide the best way. The most preferred approach by the communities is to divert the road design away from the graves and mosques KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 A comprehensive Resettlement Action Plan is to be prepared in a consultative manner respecting the law of Kenya and the World Bank Operating Policies for this project. A separate RAP is thus envisaged. 2. GRIEVANCE REDRESS MECHANISM: It was recognized in the consultative meetings that there will be inevitable conflicts between the project and the communities before, during and after the road construction. Such conflicts will include disputes on resources, negative impacts of the road, labor influx, employment places, cultural disputes, benefits sharing and other conflicts. Conflicts related to relocation and compensation of PAPS were also flagged out. In all the towns, it was recommended that a grievance framework involving local communities be set up at every major center to be traversed by the road. It was reiterated that the project should work with the communities in addressing any arising grievances due to the road construction by forming local inclusive committees. Two Grievance Committees were suggested. One which will be part of the Resettlement Action Plan to address issues directly affected those who will be affected and one which be based a t every center to address emerging issues related to the project operations. To ensure their success, it was proposed that these committees be planned for and resourced to be effective. 3. THE MODOGASHE CHALLENGE: a) Background Modogashe Township bestrides two Counties (Garisa and Isiolo) and is inhabited by two prominent communities- the Somali and the Borana. It is the divisional headquarters of Lagdera (Garisa) and Sericho (Isiolo) Divisions. The road traverses the middle of the town. It would seem that the road traversing the town is a source of conflict between the Somalis and Boranas. A successful community consultation forum was held on 2nd of October 2017 at Lagdera Sub County of Garisa County. The meeting comprised mainly members of the Somali Community and fully welcomed the project. They took active part in the deliberations and expressed intention to fully participate in the project. The meeting in Lagdera was thus successful as it was attended by close to 200 people. Since Modogashe is one town, It was initially planned to hold a joint meeting for both Lagdera and Sericho Divisions but on the morning of 2nd October 2017, the Assistant County Commissioner, Sericho requested that the meeting be deferred to another date and that a separate meeting be held for Isiolo County. It was agreed to hold another meeting on Thursday and Friday of the same week on the Sericho side of Modogashe Town. The meeting for Isiolo side took place on 5th October 2017. The community had demanded that only government officials from Isiolo be involved. The expressly asked that Garissa KeNHA does not take part. The Regional Manager of KeNHA in Isiolo thus sent representation to the meeting which was chaired by the Assistant County Commissioner, Sericho Division. b) Deliberations in the meeting: The meeting was attended by a broad representation of the community among them being the community Sheikhs, Elders, Women groups, Youth representatives, Persons with disability, Civil Society Actors, The National and County Government Officials. From the start, the community expressed support for the project and listed the benefits and disbenefits as they saw them. These mirrored the impacts listed earlier from other venues. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 However, they declared nonsupport of the road proceeding through the present alignment within Modogashe town. They said that there was an earlier route which the road followed and which should be reverted to. The alleged that the present route was imposed on them by the leadership of the neighboring community to create a new boundary taking away their land. According the community elders present, the boundary dispute has been simmering for over 30 years and has been the cause of violent confrontation between them and their neighbors. They alleged that previous leaders of their neighbors had used their proximity to the national government to move the boundary. They alleged political and economic marginalization by the government in Isiolo and Nairobi which they believe favored their neighbors at their expense. KeNHA representative from Isiolo attempted to explain the rationale for the road’s present alignment but they vehemently opposed the explanation. To move the process forward they demanded as follows: i) That the original road be reverted to. They went ahead to show KeNHA and the Consultant where the road followed. ii) They demanded that the Governor Isiolo, The County Commissioner, and all political leaders i.e. Member of Parliament for Isiolo South, The Member of County Assembly for town Ward, The Woman Representative, The Chiefs affected, and Community Elders be invited to one meeting to resolve the matter. They declared that only then would the project proceed. iii) They also demanded greater participation by the County Government in all decisions. iv) They alleged existence of a road map within KeNHA which contained the original alignment of the road to be followed. v) They demanded that all survey work stops until the proper road had been agreed upon. In the alternative, they agreed that survey work can proceed on the old road. c) Way forward In the circumstance, the meeting was brought to a close without community consenting to design and survey work to be completed. It was resolved to consult with the client to take up the issues and provide access for design work to proceed. The Assistant County Commissioner and other security leaders urged the community to keep the peace as the matter was being pursued. KeNHA representatives undertook to follow up the matter and urged peace. A meeting was proposed for a later date in Isiolo for Modogashe leaders alone to try and resolve the boundary issue and clear the path for the project to proceed. d) Post script: Further to the meeting, the survey team attempted to map out the “old road” as proposed in the meeting. Towards the end, they met resistance from the Somalis who insisted that the current road be followed. The meeting proposed for Modogashe leaders is still outstanding and the client may have to engage them directly to clear access for the road to be designed and ultimately built. At present, survey works have not been carried out within Modogashe Town. 4. CONCLUSIONS AND RECOMMENDATIONS: a) As reported above, the road was highly welcomed in the greater part of the road corridor. The negative impacts identified will be properly captured in the ESIA study and mitigation measures proposed. b) The issue in Modogashe needs to be resolved. A forum comprising only leaders from Modogashe needs to be convened to resolve the matter. Leaders from both the Garisa side and the Isiolo side KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 need to be engaged. It was resolved in the meeting that KeNHA as the client would convene this meeting as part of providing access for the design and ultimate road construction to proceed. c) A comprehensive RAP will be carried out after the detailed survey maps to take care of those who will be affected by the road. This will comprise substantially of those in Modogashe Town. KEY HIGHLIGHTS OF PROCEEDINGS AND FINDINGS –HIGHLIGHTS OF MINUTES The meetings were kicked off by prayers and introductory remarks by the lead experts from KeNHA and the sociologist's team, and from the Assistant County Commissioner, (ACC) Lagdera. The ACC informed his people that the project can only go on with their full participation and most importantly, if there was peace in the region. KeNHA - Mr. Obop Michael, the Kenha representative gave a project overview and briefed the public on their mandate regarding the road project. One of their roles was to sensitize the public on the upcoming road construction and public participation of those who will be affected was vital. He also introduced the consultants who were present and that they were there to fulfill that part of the project phase. Sociologist - Mr. Barno, informed the participants that this part of the process was important to disseminate information, receive feedback and recommendations from them. He highlighted the objectives of the meeting to include: i. Sensitization of the public ii. The impacts of the road (Positive and Negative) iii. Environmental concerns iv. Mitigation measures v. Recommendations vi. Grievance Redress Mechanisms (GRM) vii. Proposed Social Amenities viii. Plenary session QUESTIONS AND RESPONSES: Question No 1: Mr. AbdiNassir Ali: What happens when the road must pass through someone's house or land? Response (KenHA): Mr. Michael Obop – The road will stick to the original alignment. We have original designated road reserves that have been set aside by the government. If one happens to be on the road reserve, he/she will need to move. If the road should affect property that is away from the reserve, then evaluation will be done and compensated accordingly. There are surveyors currently on site to show the road boundaries and once their report is complete, we shall be able to know the individuals who will be affected by the road construction. Question No 2: Mr. Mohammed Abdi Hure: How about burial sites and graves? Response (Sociologist): Mr. Julius Barno – Consideration will be made to divert the road; Engage the community elders how to go about grave yards. Question No 3: Mr. Muhumed Osman: Will our people be employed in the construction of the road? Response (Sociologist): Mr. Julius Barno – unskilled laborers will all be recruited from the community. They will be given first priority in skilled laborers. Community is encouraged to welcome the others. Also to seek skills in the meantime. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Question No. 4: Chief (Guticha) - When is the road scheduled to start? Response (Sociologist): - Very soon. Hopefully by end of 2018. Studies and designs will be completed by December 2017. We are doing the best we can to expedite the study process to inform the due plan of implementation of the road. The design stage will be completed in December 2017. Question No. 4: Mr. Kulo (Guticha) - How far is 30M on either side of the road? Response (KenHA): The surveyor is currently on the ground and is in the process of demarcating the boundaries and shall avail the margins as soon as possible. Most importantly, the road construction is going to be done on the already existing road reserve as it is not a new road. Question No. 4: Mr. Kulo (Guticha) - Miss Ajab Mohammed wondered if this road was going to be constructed because according to her, it has only been a political tool for every five years. Response (Sociologist): It is our privilege to inform you that this road is very unique as it comes at a time when the government has already acquired funds for it. Previously, roads were proposed and then funds are sought later but this road has money already set aside for its construction and we affirm that implementation will begin as soon as possible. Question No. 5: Chief (Kanjara) - There is a dam that was not filled up because of some construction that was done previously. Why does KeNHA not consider this hazard affecting the residents? It has been a major source of conflict especially because the contractor even came from another location. Response (KenHA): We have a safety standards team who are responsible for checking these issues because once a blasting site is no longer in use it should be covered well. We shall revisit that area as a team and address the issue. Question No. 5: Elder (Habaswein) - One of the elders wondered whether this was being used as a political tool. He reported a situation when the previous regime has given an instruction many years back for these roads to be constructed but as soon as the machines arrived, the project was withdrawn within a month and taken to other parts of the country. He said they were tired of hearing these roads to which they can only see in movies. Response (Sociologist): This is a road that is lucky to have already been funded before completion of design. One of the objectives of government now is to open the Northern and North-Eastern region and construction of roads in one such approach. Construction is already ongoing along the same road on different sections, so you can be assured that it is not a political tool. Question No. 6: Mr. Said Shiekh (Modogashe - Sericho) - We do not have faith in the engineers seated here as they do not involve the locals in every step they take. The road design is already a problem to us, yet they do not want to take our concern into consideration. What's the way forward? Response (KenHA): I, Mr. Obop Michael come from the Garissa side and my colleagues here are from Isiolo side of KeNHA. We are all working under the same government office but in different regional jurisdictions. The reason you see me here more often than my colleagues is because of the vicinity of the project area to my office as opposed to Isiolo office. It does not mean that they are strangers nor am I an intruder. Our mandate is the same and soon I may also be deployed to Isiolo. Kindly do not fear them and allow us to work together for the success of the road. Question No. 7: Mr. Abdi Bicao (Modogashe - Sericho) - We love the idea of a tarmac road BUT there are many issues of boundary conflicts here. If you say the engineers present here today are from Isiolo, how come we have never seen them? They should be the ones always being on the ground KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 giving the necessary information. Why do we insist on constructing the road at Modogashe, yet all the other roads have not been done? Is it a tactic to push Sericho people away from their settlement? Response (Sociologist): - This road project starts from Isiolo to Mandera and it has been partitioned into small sections under different consultants. Our section here today is between Modogashe to Samatar i.e. the junction after Guticha center. The engineers present here today are all under KeNHA which is a national body and therefore covering many other parts of the country's road network. You can also be sure that work has already commenced in the other sections of the road. Question No. 8: Mr. Ibrahim Khalake (Modogashe - Sericho) - I would like to know this Modogashe-Samatar road, where does it pass? The only place we know is the Garissa Bridge. Response (KenHA) - This road begins in Isiolo, to Modogashe via the bridge, through the town and onwards towards Samatar and onwards to Mandera. Question No. 9: Fatuma Said (Modogashe - Sericho) - There is a lot of tension here in this place. We had reserved land for a road on the other side, but another community has come to put a settlement there and they now call themselves North Eastern. We need the original road map to be provided to us from KeNHA offices. Elevating a road from B9 to A13 is good as it will come with many benefits but without the resolve of boundary issues it's going to be a problem here. We need the KeNHA engineers to be become proactive so that some of these disputes can be solved faster. Why not involve our leaders? Response (KenHA) – Eng Kibiti Patrick form KeNHA Isiolo indicated that roads managed by their body traverses’ counties and even countries. He promised the participants of more presence of their office employees on the ground to follow up on issues that would cause conflict on the road. He promised to consider the previous designs in the old records and that they would return together with the leaders from the region who would clarify boundary issues to both communities. He asked the participants to be patient as they continue addressing their concerns but also asked for their full cooperation so that the road construction can begin without any hiccups. Question No. 10: Mr. Mohammed Madera (Modogashe - Sericho) - There are people who had absolutely no idea of where a reserve has been set aside for the road. What happens to them? Response (Sociologist): - Issues of resettlement and/or compensation will come up as soon as the surveyors will be through with their work. We shall have another forum where we can look at individual cases of encroachment based on the history of this town. A resettlement Action Plan will follow shortly and all affected shall be consulted Question No. 11: Elder (Habaswein) - Employment issues often arise when it comes to employment of locals on the project. When our young men are taken to another section it usually brings conflict of interest with the youth from those regions. How can this be addressed? Response (Sociologist): - We will take this concern into consideration with the client and when the time comes, we shall recommend that only the skilled workers can be employed on all parts of the road implementation process, but the casual labor should as much as possible be locals Positive comments: Further, they expressed their interest in the process and said that they need the road construction to begin as soon as possible. They affirmed that they have great security in the area and therefore any person working on the study or construction should not have anything to worry about. Mr. Gedi Abdi said that if indeed this road is constructed then it will open u the region to the rest of the country and they would feel proud as being part of the other citizens. He made a light statement to KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 the effect that their region was only one meant to decorate the map of the country (sic) but they do not feel like they are in Kenya. "We say here that we come from those places that beautify the Kenyan map". Mr. Dakane Hassan, the senior chief, said that they were closed from the other parts of Kenya because of roads. The project would therefore open business to other parts of Kenya thereby boosting the economy in the area. He went ahead to highlight the issue of their region being one of the leading places in meat supply but due to lack of roads it was difficult to be able to deliver their animals in time. The only meat collection center was Kenya Meat Commission (KMC) in Athi River. One of the peace leaders reaffirmed their support for the road and said that they were ready to support the project a hundred percent. He said that they were lagging in this country and all they have is dust around them. He gave a reassurance that their place was totally peaceful and that there are no incidences of conflicts. He prayed that this would not just be a dream, but a reality and he kindly asked the government not to let them down, Mr. Gedi Abdi further said that the construction of this road would demystify several myths namely; a) That this was an operation area for criminal activities (terrorism) b) That people who live here were poor c) Open investments and promote tourism. It would also break the historical barriers that have prevailed in the region. d) It will also be a political score; a confidence building measure. Miss Hamima Abdi, the women representative on behalf of all women groups in Habaswein, and the chairlady at Chiko Women Group, said that living in this place was unpredictable. When one goes to bed at night, he/she doesn't know what would happen the next day. Each day comes with its own emerging issues, but she was glad to be part of this sensitization forum. She said that the people in this community are very rich, but their wealth cannot be seen. The vehicles which they invest in cannot last for more than two years due to the bad condition of the road. On women, she said that many of them experience a lot of difficulty when they are expectant and most of the times are not able to access adequate health services and resort to traditional medicine. During delivery, many of them are never lucky when trying to get to hospitals and end up delivering along the way. She pleaded with the government to expedite this road improvement and to make health services come closer to the people. She also reported to have been a victim of demolitions twice before on similar road programs, but she was still willing to move if the benefits she will get will surpass her troubles of a bad road. The following suggestions were made during the public consultations and house-to-house interviews: -  Work Campsites should be built closer to established villages so that the community benefits from services like water and clinics that will be available. This will also discourage the mushrooming of new villages. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02  The environment and health of the public should be protected from degradation.  Schools for children, clinics, boreholes and water pans should be constructed for the communities or as part of Corporate Social Responsibility (CSR).  Foot bridges, underpasses and pedestrian crossing points should be provided to enable convenient accessibility to either side of the road at strategic points. The design of the proposed road should have strategic underpasses at intervals where the animals and humans (including school children, pedestrians) can easily find them and access either side of the road.  The proponent should ensure fair compensation of all displaced persons regardless of their position on the road reserve.  The proponent should involve KWS Scientists and Engineers and other key stakeholders at all stages of the project including design stage to ensure that the impacts to the protected and other wildlife areas are minimal.  The proponent should ensure that all the stakeholders (including KWS, Water, Roads), are involved especially from the design stage of the proposed road to ensure that other infrastructures are considered to minimize disruption. This can be done to ensure integrated planning of infrastructure.  To avoid flooding during rainy seasons the road should be raised and big box culverts should be constructed in flood prone areas.  Security of the wildlife should be ensured to protect them from poaching especially during the construction period as many people are expected to move to the area to work on construction of the road  The Mosques along the road corridor should not be interfered with during the construction.  Where possible and necessary the developer should install speed bumps and rumble-strips for example in towns, near schools etc. Other structures also should include: bus stops in all the villages along which the road traverses.  The developer should come up with a proper drainage mechanism along the road and in major towns.  Graveyards that are along the road reserve should be not be interfered with whatsoever. The design of the road can be made in such a way as to circumvent the graveyards if possible.  Women should be considered for office jobs and all other available jobs during construction.  Public consultation should be continuous throughout the project.  Every settlement area and towns should have bumps on the roads to check vehicle speeds.  They are bordered by Isiolo South and they have boundary conflicts (Isiolo side did not attend the public hearing for the same reasons). They recommended a joint meeting that must be planned for both sides of the communities to address these issues.  It was said that most of the roads in the area emerged due to people settling in the place and they did not have any signs to show where the road network had been reserved. They therefore recommended that compensation should be done to all persons affected whether on the road reserve or not. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02  Trees should be planted in every place where there is a settlement and water should be provided for their nurturing. There will be no need to plant trees and then left to die due to lack of water. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 PAPs CONSULTATITVE MEETING HELD AT LEHELEY ON 13TH AUGUST 2018 ATTENDED BY: Refer to the attendance lists. PREAMBLE: The meeting was called to order at 1106hrs by the location Senior Chief who requested one of the PAPs to open the meeting with a word of prayer. He then welcomed the consultants to the meeting; He requested the locals to be cooperative and be attentive while the consultants are explaining the theme and purpose of the meeting. MINUTE 1: INTRODUCTIONS. The sociologist introduced himself and the purpose of the meeting, he then expounded on the design of the road. MINUTE 2: THE ROAD DESIGN The Sociologist explained that the road starts from Samatar junction with Daadab road through Laghbogol, Borji through Leheley all the way to Wajir town. He clarified that the road will be a single carriage road but wide enough according to the standards of KeNHA. Road f urniture’s and other necessary improvements such as speed calming methods, bus stops, road signs as well as service lanes will be done where necessary. MINUTE 3: PROJECT IMPACTS: The PAPs were informed that when a project of this magnitude is done every possible alternative is looked at so as to reduce the impact and when it’s not possible mitigation measures are put in place. The anticipated impacts will be both social as well as environmental. ANTICIPATED IMPACTS. Negative environmental Impacts. Felling down of trees during construction. Trees will be cut down to give way to the road and this will affect the environment. In the report it will be recommended that trees be planted by the road side to replace those which may be cut down. Dust pollution The road construction will bring dust pollution which may bring about airborne diseases to the locals. It will be recommended that the contractor be watering the road under construction frequently so as to reduce the dust pollution. POSITIVE IMPACTS 1.Cheap and fast transport. This will come because the roads will be in a good condition and passable and that will reduce transport costs. 2. Employment opportunities. There is a policy that requires that 60% of semi-skilled and non-skilled labour should be given to the locals where such a project is happening. However, they were requested not to hike the costs of labour since this may force the contractor to source for the workers elsewhere. 3. Market for their products will increase. 4. Land value will appreciate. NEGATIVE KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Outbreak of diseases. Those coming to construct may come with diseases which may be passed to the locals through immoral relations. E.g. TB, HIV/AIDS. Breakage of families. This may be brought about by a lot of money in circulation. Increase in accidents. This may be brought about by speeding vehicles and will be curbed by providing zebra crossings and other speed calming methods. MIN 4: VALUATION OF LAND AND PROPERTIES The PAPs where told that when the government has a project to benefit the public, it has power to acquire land in private hands for public benefits. It was explained that there are rules guiding how to acquire such land and or properties and the processes followed to ensure the project benefits many. According to the Kenya constitution section 40, there are procedures and the process which should be followed some of these include the Land Act, Acquisition and resettlement Bill which aims at ensuring the due process is followed during acquisition and the Assistance and Protection to IDPS which caters for those people whose property is acquired fully, the act categorizes them as IDPS and they should be compensated promptly. What is to be compensated?  Land. The land owner is paid for his land but in case there are other developments in the same land which don’t belong to him they are compensated to their rightful owner.  Structures.  Trees  Crops (if any). Min 5: CUT OFF DATE AND COMMUNITY GRIEVANCES REDRESS COMMITTEE The sociologist together with the PAPs agreed that the final day for any development to be done on the area identified for the road and as identified together with the chiefs and elders for this project is 18th August 2018 when the final asset inventory was completed. It was clarified that that if someone put up a structure within the corridor, it will be demolished without compensation and they should avoid that because it will be a loss to them. He explained the procedure of forming a community grievances committee which will be dealing with any grievances that may arise during compensation or even during constructions. The sources of grievances were also clearly discussed and brief on how grievances should be handled explained to the PAPS. The PAPs agreed to form a subcommittee to start looking into any grievances and also educate the community on the project as they await the actual works to start. MIN 6: QUESTIONS AND COMMENTS. NAME QUESTION ANSWER Abdullahi Haji Abdi Wanted to know what will happen to The local leaders and sheikhs will be the mosque which was earmarked for involved in deciding the best way to acquisition handle the mosque issue. Ragow Omar Wanted to know what will happen to Necessary steps will be taken and the those whose land will be acquired local administration involved to solve since none of them has any legal the dilemma of lack of legal documents, document to proof land ownership also there are policies and guidelines in place to handle that issue and will be looked into and an agreement on way forward reached. Hassan Dida There were also other people who They were informed that the forum and had ongoing constructions and others the consultants could not address their planning to start their constructions plight but they could seek intervention along the road corridor though they of the County Government as regards were apprehensive about the development guidelines and other KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NAME QUESTION ANSWER proposed improvements and sought regulations to adhere to when investing to know if they should stop their next to the road. constructions and await the road construction Ahmed Haji Abdullahi Wanted to know when the project The consultants cannot a give a definite will start date on when the project will start but when all preparations are ready, they will be notified. Asst Chief Ousman- In case the Chinese are given the The Locals were requested to exercise Kukale location contract and have babies with locals self-control and ensure morality of high they should be forced to take standard to avoid such cases but also responsibility of the same. promised this will be put in the report. Ousman Abdi Rahman There were People whose structures The exercise to determine the properties are too close to the road reserve and that have encroached on the road are considered to have encroached, corridors was carried out by KeNHA to what will happen to their structures. establish the extent of encroachment and the affected persons. once the report is done, they will be notified and the next cause of action communicated. Mohamed Adan Requested for local available raw He was assured that this will be materials to be sourced and the communicated to the contractor and if community compensated he comes and is satisfied that the materials are of required quality, he may consider taking it. MIN 7: CONCLUSSION. The Senior Chief assured the locals the government is ready to implement the project and this will bring developments in the area. He also promised to assist in ensuring that the people in his area are compensated and are cooperative with whoever will come to work there. The assistant chief thanked the consultants for the meeting. The meeting was closed with a word of prayer from the area Sheikh. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 PAPS MEETING HELD AT BORJI CENTRE ON 13TH AUGUST 2018 ATTENDED BY: REFER TO THE ATTENDANCE LIST PREAMBLE The meeting was called to order at 1452 hrs by the area Chief who requested one person to open the meeting with a word of prayer. MINUTE 1: INTRODUCTIONS. The sociologist introduced himself and the purpose of the meeting. MINUTE 2: ROAD DESIGN PRESENTATION The Sociologist explained that the road starts from Samatar junction with Daadab road through Laghbogol, Borji through Leheley all the way to Wajir town. He clarified that the road will be a single carriage road but wide enough according to the standards of KeNHA. Road furniture’s and other necessary improvements such as speed calming methods, bus stops, road signs as well as service lanes will be done where necessary. MINUTE 3: PROJECT IMPACTS: The PAPs were informed that when a project of this magnitude is done every possible alternative is looked at so as to reduce the impact and when it’s not possible mitigation measures are put in place. The anticipated impacts will be both social as well as environmental. ANTICIPATED IMPACTS. Negative environmental Impacts. Felling down of trees during construction. Trees will be cut down to give way to the road and this will affect the environment. In the report it will be recommended that trees be planted by the road side to replace those which may be cut down. Dust pollution The road construction will bring dust pollution which may bring about airborne diseases to the locals. It will be recommended that the contractor be watering the road under construction frequently so as to reduce the dust pollution. POSITIVE IMPACTS 1.Cheap and fast transport. This will come because the roads will be in a good condition and passable and that will reduce transport costs. 2. Employment opportunities. There is a policy that requires that 60% of semi-skilled and non-skilled labour should be given to the locals where such a project is happening. However, they were requested not to hike the costs of labour since this may force the contractor to source for the workers elsewhere. 3. Market for their products will increase. 4. Land value will appreciate. NEGATIVE Outbreak of diseases. Those coming to construct may come with diseases which may be passed to the locals through immoral relations. E.g. TB, HIV/AIDS. Breakage of families. This may be brought about by a lot of money in circulation. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Increase in accidents. This may be brought about by speeding vehicles and will be curbed by providing zebra crossings and other speed calming methods. MIN 4: VALUATION OF PROPERTIES The PAPs where told that when the government has a project to benefit the public, it has power to acquire land in private hands for public benefits. It was explained that there are rules guiding how to acquire such land and or properties and the processes followed to ensure the project benefits many. According to the Kenya constitution section 40, there are procedures and the process which should be followed some of these include the Land Act, Acquisition and resettlement Bill which aims at ensuring the due process is followed during acquisition and the Assistance and Protection to IDPS which caters for those people whose property is acquired fully, the act categorizes them as IDPS and they should be compensated promptly. What is to be compensated?  Land. The land owner is paid for his land but in case there are other developments in the same land which don’t belong to him they are compensated to their rightful owner.  Structures.  Trees.  Crops (if any). Min 5: CUT OFF DATE AND COMMUNITY GRIEVANCES REDRESS COMMITTEE The sociologist together with the PAPs agreed that the final day for any development to be done on the area identified for the road and as identified together with the chiefs and elders for this project is 18th August 2018 when the final asset inventory was completed. It was clarified that that if someone put up a structure within the corridor, it will be demolished without compensation and they should avoid that because it will be a loss to them. He explained the procedure of forming a community grievances committee which will be dealing with any grievances that may arise during compensation or even during constructions. The sources of grievances were also clearly discussed and brief on how grievances should be handled explained to the PAPS. The PAPs agreed to form a subcommittee to start looking into any grievances and also educate the community on the project as they await the actual works to start. MIN. 7: QUESTIONS AND RECOMMENDATIONS. NAME QUESTION ANSWER Mohamed Osman Higher speeds and increase in They were informed that safe Abdi traffic are expected once the pedestrian crossings, speed upgrade is realized meaning higher calming methods, road signs and accident rates. Currently young other safety measures will be children have to cross the roads to incorporated in the upgrade. Safe access school facilities and women animal crossings will be provided cross the road in search of water particularly in areas where and other household items and livestock has to cross the road for therefore, speed calming methods, to access grazing areas or the water bumps and road signs should be pans. considered for both people and their livestock. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NAME QUESTION ANSWER Adan Dugow Sought to know whether the road All the possible alternatives where could not be relocated elsewhere considered before deciding on the or fitted within the available space. current alignment Ibrahim Abdi Bulle Is it Possible for KeNHA to Different teams come at different maintain the current team until the times since they handle different end of the project since they are the stages of the project, whoever will ones who understand us and we are come will understand the used to them? community as well and the community will get used to them with time Ali Ousman Abdi Many of the lands don’t have titles For those who don’t have the titles, will we be compensated? the local administration available e.g. chiefs, assistants and elders will help in establishing the owners of the properties. Trees and crops and structures will be compensated to the owner regardless of where it is. Will there be notice before Adequate notice will be given and demolition people will be updated on every step of the project. Ahmed Abdi How will we be sure that our The PAPs were informed that there people especially the youth will was a government policy on such get jobs? matters but the Contractor would be guided by the labour laws and the skills available in the vicinity that he would require. those willing to be considered where encouraged to acquire necessary skills to be competitive in such employment when the time comes. Mohamed Abdi Bule Ensure gender equity during jobs There won’t be any discrimination allocation. based on gender but it will be given What will happen to those whose on basis of ability to work. land has fence only and no Fences will be compensated as said development before Asst chief Borji yare How will the trees cut down be Privately owned trees will be compensated compensated to their respective owners while those cut along the road will be replaced. Ragay Hussein In case the Chinese are awarded The community members were the contract and use money to advised to be keen on their culture change our girls minds, how will and exercise self-control and they be dealt with? observe morality and their cultural values when interacting with the contractors since that is a personal decision for people to make as long as they are not below the age of 18. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NAME QUESTION ANSWER Abdi Rizzak Idow Requested that compensation to be The guidelines detailing the paid to everyone affected payment of compensation as regardless of whether they were in detailed in the Constitution of the road reserve or not since Kenya and the relevant laws and according to them they did not any other policy guidelines will be previously know the extent of the adhered to mitigate the negative road reserve. impacts. Hassan Adan Ganyure Compensation should be paid Recommendations will be before demolition of our properties forwarded to KENHA to ensure they have compensated before demolitions. MIN. 8. CONCLUSION The Chief thanked the attendees for their attendance and requested them to be cautious in future while dealing with contractors and exercise self-control. A sheikh was requested to close the meeting with a word of prayer at 1637hrs KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 PAPS MEETING HELD AT LAGHBOGOL BARAZA PARK Attended by – refer to the attendance registers. PREAMBLE: The meeting was called to order at 1143hrs by the location Chief who also opened the meeting with a word of prayer. He then welcomed the consultants to the meeting; He requested the locals to be cooperative and be attentive while the consultants are explaining the theme and purpose of the meeting. MINUTE 1: INTRODUCTIONS. The sociologist introduced himself and the purpose of the meeting, he then expounded on the design of the road. MINUTE 2: THE ROAD DESIGN The Sociologist explained that the road starts from Samatar junction with Daadab road through Laghbogol, Borji through Leheley all the way to Wajir town. He clarified that the road will be a single carriage road but wide enough according to the standards of KeNHA. Road furniture’s and other necessary improvements such as speed calming methods, bus stops, road signs as well as service lanes will be done where necessary. MINUTE 3: PROJECT IMPACTS: The PAPs were informed that when a project of this magnitude is done every possible alternative is looked at so as to reduce the impact and when it’s not possible mitigation measures are put in place. The anticipated impacts will be both social as well as environmental. ANTICIPATED IMPACTS. Environmental negative Impacts. Felling down of trees during construction. Trees will be cut down to give way to the road and this will affect the environment. In the report it will be recommended that trees be planted by the road side to replace those which may be cut down. Dust pollution The road construction will bring dust pollution which may bring about airborne diseases to the locals. It will be recommended that the contractor be watering the road under construction frequently so as to reduce the dust pollution. POSITIVE IMPACTS 1.Cheap and fast transport. This will come because the roads will be in a good condition and passable and that will reduce transport costs. 2. Employment opportunities. There is a policy that requires that 60% of semi-skilled and non-skilled labour should be given to the locals where such a project is happening. However, they were requested not to hike the costs of labour since this may force the contractor to source for the workers elsewhere. 3. Market for their products will increase. 4. Land value will appreciate. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NEGATIVE Outbreak of diseases. Those coming to construct may come with diseases which may be passed to the locals through immoral relations. E.g. TB, HIV/AIDS. Breakage of families. This may be brought about by a lot of money in circulation. Increase in accidents. This may be brought about by speeding vehicles and will be curbed by providing zebra crossings and other speed calming methods. MIN 4: VALUATION OF LAND AND PROPERTIES The PAPs where told that when the government has a project to benefit the public, it has power to acquire land in private hands for public benefits. It was explained that there are rules guiding how to acquire such land and or properties and the processes followed to ensure the project benefits many. According to the Kenya constitution section 40, there are procedures and the process which should be followed some of these include the Land Act, Acquisition and resettlement Bill which aims at ensuring the due process is followed during acquisition and the Assistance and Protection to IDPS which caters for those people whose property is acquired fully, the act categorizes them as IDPS and they should be compensated promptly. What is to be compensated?  Land. The land owner is paid for his land but in case there are other developments in the same land which don’t belong to him they are compensated to their rightful owner.  Structures.  Trees.  Crops. MIN 5: CUT OFF DATE AND COMMUNITY GRIEVANCES REDRESS COMMITTEE The sociologist together with the PAPs agreed that the final day for any development to be done on the area identified for the road and as identified together with the chiefs and elders for this project is 18th August 2018 when the final asset inventory was completed. It was clarified that that if someone put up a structure within the corridor, it will be demolished without compensation and they should avoid that because it will be a loss to them. He explained the procedure of forming a community grievances committee which will be dealing with any grievances that may arise during compensation or even during constructions. The sources of grievances were also clearly discussed and brief on how grievances should be handled explained to the PAPS. The PAPs agreed to form a subcommittee to start looking into any grievances and also educate the community on the project as they await the actual works to start. MIN.6: QUESTIONS, COMMENTS AND RECOMMENDAITONS NAME QUESTION ANSWER Noor Hussein Mayow Appreciated the project The existing beacons are initial Urged locals to form the Committee 40m road reserve while the new survey covers 60m, the project is Wanted to understand the difference acquiring an extra 20 meters. between the existing beacons and the current surveyed area Mohamed Ibrahim What is the standard size of the area The road requires 60m for the Rage to be acquired upgrade. Mohamed Ibrahim If the community clears the trees at PAPs should wait for the this time will it be compensated verification of any affected property before removing it, otherwise if the verification KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NAME QUESTION ANSWER officers come and find the property, tree or structure missing it will not be considered for compensation since it does not exist. MIN 8 CONLCUSION The Chief thanked the attendees and encouraged them to inform the others who did not attend, the meeting was closed with a word of prayer from one of the Pas. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 PAPS MEETING HELD AT WAJIR BARAZA PARK ON 15TH AUGUST 2018 Attended by; Refer to the attendance lists. Preamble: the meeting was called to order at 1337hrs by the Deputy county commissioner who welcomed all the chiefs and the Wajir township MCA to the meeting, he requested a sheikh to open with a word of prayer. The DCC emphasized on the importance and benefits of the project and encouraged them to fully support the project and everything associated with it. He further encouraged them to be attending the future meetings on time and encourages others also to attend so as to avoid being misinformed by those who attended. He then welcomed the sociologist to take over the meeting and explain the purpose of the road and any other planned program. MINUTE 1: INTRODUCTIONS. The sociologist introduced himself and the purpose of the meeting, he then expounded on the design of the road. MINUTE 2: THE ROAD DESIGN The Sociologist explained that the road starts from Samatar junction with Daadab road through Laghbogol, Borji through Leheley all the way to Wajir town. He clarified that the road will be a single carriage road but wide enough according to the standards of KeNHA. Road furniture’s and other necessary improvements such as speed calming methods, bus stops, road signs as well as service lanes will be done where necessary. MINUTE 3: PROJECT IMPACTS: The PAPs were informed that when a project of this magnitude is done every possible alternative is looked at so as to reduce the impact and when it’s not possible mitigation measures are put in place. The anticipated impacts will be both social as well as environmental. ANTICIPATED IMPACTS. Negative environmental Impacts. Felling down of trees during construction. Trees will be cut down to give way to the road and this will affect the environment. In the report it will be recommended that trees be planted by the road side to replace those which may be cut down. Dust pollution The road construction will bring dust pollution which may bring about airborne diseases to the locals. It will be recommended that the contractor be watering the road under construction frequently so as to reduce the dust pollution. POSITIVE IMPACTS 1.Cheap and fast transport. This will come because the roads will be in a good condition and passable and that will reduce transport costs. 2. Employment opportunities. There is a policy that requires that 60% of semi-skilled and non-skilled labour should be given to the locals where such a project is happening. However, they were requested not to hike the costs of labour since this may force the contractor to source for the workers elsewhere. 3. Market for their products will increase. 4. Land value will appreciate. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NEGATIVE Outbreak of diseases. Those coming to construct may come with diseases which may be passed to the locals through immoral relations. E.g. TB, HIV/AIDS. Breakage of families. This may be brought about by a lot of money in circulation. Increase in accidents. This may be brought about by speeding vehicles and will be curbed by providing zebra crossings and other speed calming methods. MIN 4: VALUATION OF LAND AND PROPERTIES The PAPs where told that when the government has a project to benefit the public, it has power to acquire land in private hands for public benefits. It was explained that there are rules guiding how to acquire such land and or properties and the processes followed to ensure the project benefits many. According to the Kenya constitution section 40, there are procedures and the process which should be followed some of these include the Land Act, Acquisition and resettlement Bill which aims at ensuring the due process is followed during acquisition and the Assistance and Protection to IDPS which caters for those people whose property is acquired fully, the act categorizes them as IDPS and they should be compensated promptly. What is to be compensated?  Land. The land owner is paid for his land but in case there are other developments in the same land which don’t belong to him they are compensated to their rightful owner.  Structures.  Trees.  Crops. MIN 5: CUT OFF DATE AND COMMUNITY GRIEVANCES REDRESS COMMITTEE The sociologist together with the PAPs agreed that the final day for any development to be done on the area identified for the road and as identified together with the chiefs and elders for this project is 18th August 2018 when the final asset inventory was completed. It was clarified that that if someone put up a structure within the corridor, it will be demolished without compensation and they should avoid that because it will be a loss to them. He explained the procedure of forming a community grievances committee which will be dealing with any grievances that may arise during compensation or even during constructions. The sources of grievances were also clearly discussed and brief on how grievances should be handled explained to the PAPS. The PAPs agreed to form a subcommittee to start looking into any grievances and also educate the community on the project as they await the actual works to start. MIN6: QUESTIONS COMMENTS& RECOMMENDATIONS NAME QUESTION ANSWER Sheikh Abdi Wahab Requested the presence of the local They were informed that all the key leadership and County Government players will be involved as they will be representative in future consultations involved in the resettlement exercise as as they were responsible for the a local authority. They were encouraged demolitions that causes the informal to form a local Project grievances businesses and hawkers a lot of losses redress Committee to articulate their and huge losses of livelihood. concerns on the road upgrade project impacts. Wanted to know if the Ring road is The ring road is part of the project and under the county government so it is coming under KeNHA and not KeNHA the county Government. Requested that through KeNHAs They were informed that appropriate corporate social responsibility the decision will be made in collaboration KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 NAME QUESTION ANSWER displaced persons by the roadside be with the County government who have provided with a market elsewhere to the mandate to regulate trade and continue with their commercial developments within their areas of activities since it was clear the county jurisdiction before the project is government had no plans of launched. Also, the request will be providing a market within Wajir forwarded to KeNHA for consideration. township. Adan Garat Social facilities are not adequate for It was appreciated and explained that the locals and so the community the project would consider such requested if the project could provide requests as part of the corporate social them. These include markets, responsibility. The community was schools, water points for both encouraged to detail their requests for domestic and livestock usage and the facilities to be considered for health centres. They proposed that if provision in conjunction with relevant possible, the project could refurbish authorities. and equip the existing health facilities The date for notices to vacate will be along the road that are in-adequate, determined by KeNHA as soon as offer power and piping to their water possible. However, a notice would be sources to be availed near the issued to the affected persons when the residential and if possible, fence them time for construction starts. for the safety of their children and livestock. Since it is inevitable for the informal traders to vacate the road reserve for the much-needed improvement, how soon would the construction start. MIN 7; CONLUSION The sociologist thanked those present for their time and requested them to inform those absent of what was discussed and the next steps he also requested for cooperation among the locals during all the future exercises. The DCC thanked all for their time and urged them to preach the same to the rest of the community. He requested one of those present t to close with a word of prayer and the meeting was closed at 1347 hrs. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 9: Attendance Registers During Initial RAP Consultation Meetings KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 10: Household Data Collection Questionnaire KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 RESETTLEMENT ACTION PLAN (RAP) QUESTIONNAIRE The Government of Kenya, through the Kenya National Highways Authority (KeNHA), the implementing agency, is undertaking preparation of road designs to upgrade the Modogashe- Samatar- Wajir Road and has therefore retained ITEC to prepare, among other deliverables, a Resettlement Action Plan (RAP) as guided by the World Bank Policy OP 4.12 and GOK guidelines on involuntary resettlement to determine the residents’ preferences and estimate costs for the relocation/compensation of persons who will be affected by the proposed project. This is carried out to identify the Project Affected Persons (PAP) in order to design an appropriate RAP that will offer social safeguard measures to minimize the impacts of involuntary resettlement on the livelihoods of the PAPs. You are kindly requested to provide the following information to assist ITEC gather required information for the RAP: ………………………………………………………………………………………………….. Declaration: This information is confidential and it will be used purely for Resettlement Action Plan preparation purposes only. ………………………………………………………………………………………………………………… 1. IDENTIFICATION INFORMATION 1.2 SDay Month Year Enumerator u Name r v e y D a 1.1 Survey t ID No. e 2. PROPERTY/BUSINESS OWNERSHIP DETAILS 2.1 Full names of property / Business Owner Mr/Mrs/Ms. Surna First Name Middle Name me Sex Fem 1 Male 2 ale 2.2 Full names of respondent Mr/Mrs/Ms. Surna First Name Middle Name me Sex Fem 1 Male 2 ale 2.3 Relationship to the property/business owner 5. Other, specify __________________________ 1. Owner 2. Manager 3. Employee 4. Tenant _ 2.4 Current Residence village 2.5 Ethnic Group……………………… KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 3. LOCATION 3.1 Sub-County 3.2 Division 3.3 Location 3.4 Sub-location 3.5 Village 3.6 Ward 4.5 Coordinates N: E: 4. ADDRESS 4.1 Telephone Number 4.2 Postal Address Box Code Town For how long have you been operating/residing in this area? _________________ For how long were you operating/residing in your former area? _______________ Why did you relocate to this area? ______________________________________ 5. DEMOGRAPHIC CHARACTERISTICS Names of all Relation to HH sex Age Marital status Employment Completed Do you If yes household (Yrs.) status education suffer which members from any type of form of disability disability 1. Head 1.M 1. Single 1. Employed 1.Illiterate 1. Yes 2. Primary 2. No 2. Spouse 2.F 2. Married 2. Unemployed school 3 Divorced / 3. Secondary 3. Child 3. Student separated School 4.Diploma/Cer 5. Worker 4. Widowed 4. Housewife tificate 4. Other, specify 5.Retired 5. University 6. LAND OWNERSHIP KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 6.1 What is the size of your plot/property? Do you have business/property 6.2 elsewhere? 1 Yes 2 No Other, How did you acquire this Inherit specify…………… 6.3 1 business/property? 1 ed 2 Purchased 3 … For how many years have you relied on this 6.4 1 business/property _______ Years 1 Freehold with register of titles 2 Informal occupation without verifiable entitlement What is the form of your occupation 6.5 3 Leasehold with lease agreement agreement/tenure? 4 Rent without lease agreement 6 Other (specify…......................) 6.6 Do you have a legal document to certify your land 1 Yes 2 No ownership? 6.7 What will be the impact of the expansion on the use of the this property? please explain . KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 7. ECONOMIC LIVELIHOOD LAND OWNERSHIP 7.1 Which of these items does 5.Motor 7.Tract 1.Radio 2.TV 3.Phone 4.Bicycle 6.Vehicle your household have? cycle or 7.2 How many of the Total number kept Income (Kshs) generated per following do you year keep? 1. Beehives 2. Cattle 3. Sheep 4. Cows 5. Camels 6. Chicken 7. Donkeys 8. Goats 9. Others, specify: 7.3 a. What is the main source of income for this household …………………. how much per month………………. b. How much income, if any, is earned by members of your household under the following you earn from each of the following resources. 1. Civil servant 2. Medical 3. Public administrator 4. Religious Leader 5. Sc 6. Other- Worker ho Specify. ol Te ac her 7.4 Do you earn income from a small business? . 1. Yes 2. No 7.5 If Yes, what is the average monthly income from the business? __________ (kshs) 7.6 Please tell us on average the monthly income for this household from the following sources: 1. Pension (Kshs) 2. Remittance (Kshs) 3. Other-specify (Kshs) 7.7 What is the total monthly expenditure (kshs) of this household in each of the following? Item Monthly expenditure (Kshs.) 1. Food 2. Housing 3. Education 4. Health 5. Transport 6. Water 7. Others 8. ASSOCIATIONS AND CULTURE 8.1 What is your religion? ________________________ 8.2 What is your Clan? ________________________ 8.3 What is your Tribe? ________________________ KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 8.4 Are you a member of any welfare/economic organization? 1 Yes 2 No 8.5 If Yes, which one? ________________________ 8.6 What activities does it undertake? 9. TRANSPORT AND TRAVEL 9.1 What mode of transport do you use to each of the following? Business Place of work Hospital School Grazing. To the mosque/ church. 10. ATTITUDE AND IMPACTS Would you be willing to surrender your property/business operating site 10.1 for the road expansion project if need be? 1. Yes 2. No 10.2 If no, please give your reasons:......................................... 10.3 If you were to be resettled, where would you prefer to go? 1 In the nearest possible place 2 Next to my family 3 Next to my neighbors 4 Undecided At what distance 5 In another place (specify....................................) (Kms)? 10.4 If you relocated, how would you want compensated for each of the following and how much? Item for compensation Preferred mode of compensation Land Land Cash Both Houses House Cash Both Relocation costs Transport Cash Both Livelihoods Training Cash Inputs/capital Other (specify........ What kind of assistance regarding resettlement should the Project Implementation Authority (PIU) 10.5 undertake? 1 Provision of new agricultural plot 2 Provision of new plots/assets for economic activities (e.g. shop, workshop, office, etc) 3 Training for self-employment 4 Cash grant equivalent to loss 5 Loans 6 Capital/equipment’s 7 Others (specify If you were relocated to another site, what challenges do you expect to face and how do you solve 10.6 them? Anticipated challenges Measures to limit the challenges/impacts KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 1. 1. 2. 2. Factor hindering resettlement Factors facilitating resettlement 1. 1. 2. 2. 10.7 What comments would you want to make on the proposed project road? 10.8 Identification Card (ID) Number ______________ Signature________________ Date ____________ Thank You KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 11: Social Amenities Proposed by The PAP Community KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 SOCIAL AMENITIES PROPOSED BY THE PUBLIC Proposed Social Amenities 1. Modogashe (Lagdera) – Garisa County a. The Community in Lagdera indicated that water was their biggest challenge. They thus requested that a major Bore hole and Water Pan be considered as part of the Project. They proposed that at the Community be consulted to determine the actual location of the proposed borehole. 2. Modogashe (Sericho/Garba Tula)- Isiolo County There was a community grievance at the Borana side of Modogashe Town. As a result they did not even propose preferred social amenities. They indicated that they have a historical boundary dispute with the Somalis of the Lagdera side of the same town. 3. Skanska a) Priority should be given to boreholes as the water available is salty. Clean drinking water is presently obtained from Habaswein which is 30km away by use of Water bowsers. A 20 litre can of water costs sh. 100. b) They also proposed construction of a dam to promote irrigation on land set out. The actual site to be identified consultatively. 4. Guticha / Samatar Two presentations were made by the two different Constituencies through which the road traverses: The Centre is based in Wajir West and Wajir South Constituencies and proposals were made according: a) Wajir West - Health Centre to be upgraded from its present rudimentary state. - Classrooms for the semi-permanent primary school the only one in the location - An irrigation borehole proposed. b) Wajir South - A borehole at a location to be identified by Community - A primary school as there is none present. 5. Kanjara The community prioritized their projects as follows: a) In Wajir West a school fence and upgrading of existing school infrastructure was requested. In Wajir South there are children who are currently learning under a tree in a new established primary school. A complete school was requested. b) There was request for fencing of an existing dam which was an accident hazard. c) Water kiosks and roadside markets were also requested on both sides of the trading centre. Habaswein Two major communities identified themselves along the two Constituencies of Wajir West and Wajir South. The Communities were Ajuran and Ogaden respectively. The proposed projects were as follows: a) Community Borehole for each side b) Livestock Market Improvement with a cattle dip c) Equipping the Health Centre in the Township d) Loop roads to Government Offices, Library and Health Centre KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 12: Monitoring Indicators KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Subject Indicator Variable Land Any New need to Area of communal land acquired by KeNHA road project acquire land Area of private land acquired? Area of government land acquired? Buildings/Structures Acquisition of Number, type and size of private buildings acquired buildings Number, type and size of community buildings affected Number, type and size of government buildings affected Acquisition of other Number, type and size of other private structures affected structures Number, type and size of other community structures affected Trees Acquisition of trees Number and type of trees cut Compensation, Re- Compensation and re-- Number of homesteads affected (buildings, land, trees, establishment and establishment of crops) Rehabilitation affected Number of owners compensated by type of loss owners/individuals Amount compensated by type and owner Number of replacement houses constructed Size, construction, durability and environmental suitability of Replacement houses Possession of latrines Water supply access Number of replacement businesses constructed Re-establishment of Number of community buildings replaced community resources Number, type of plants lost Number of seedlings supplied by type Number of trees planted Hazards and Introduction of Number of homesteads affected by hazards and Disturbances nuisance factors Disturbances from construction (noise levels, dust, Increased traffic levels) Social/Demographic Changes to homestead Homestead size (births, deaths, migration in and out) structure Age distribution Gender distribution Marital status Relationship to homestead head Status of “vulnerable” homesteads Population migration Residential status of homestead members Movement in and out of the homestead (place and residence Of homestead members) Changes to access Distance/travel time to nearest school, health centre, church, shop, village Changes to health Nutritional status of resettled homestead members status Number of people with disease by type (STDs, diarrhoea, malaria, immunizable disease) Mortality rates Access to healthcare services (distance to nearest facility, cost of services, quality of services) Utilization of healthcare services Disease prevention strategies Extent of educational programmes Latrine provision at schools (schoolchild population per VIP on site) Changes to status of Participation in training programmes women Use of credit facilities Land holding status Participation in related activities and enterprises KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Homestead earning Ownership of capital assets capacity Land holding status (tenure) Changes to livestock ownership:pre and post disturbance Value of livestock sales, and imputed value of barter transactions Employment status of economically active members Skills of homestead members Earnings/income by source, separating compensation payments Changes to income earning activities – pre and post disturbance Amount and balance of income and expenditure Realization of homestead income restoration plans (components implemented, net income achieved) Possession of bank and savings accounts Access to income generating natural resource base (wood, grass, sand, stones) Changes in social Organizational membership of homestead members organization Leadership positions held by homestead members Population influx Growth in number and size of settlements, formal and informal Growth in market areas Consultation Information Number, position, staffing of Information Centres dissemination Staffing, equipment, documentation of Information Centres Activities of Information Centres Number of people accessing Information Centres Information requests, issues raised at Information Centres Grievances resolved Number of grievances registered, by type Number of grievances resolved Number of cases referred to court Consultation Number of local committees established programme operation Number and dates of local committee meetings Type of issues raised at local committees meetings Involvement of local committees in KeNHA development planning Number of participating NGOs Training Operation of training Number of local committee members trained programme Number of affected population trained in Project related courses Management Staffing Number of implementing agencies by function Number of GoK ministry officials available by function Number of office and field equipment, by type Procedures in Census and asset verification/quantification operation Procedures in place Effectiveness of compensation delivery system Number of land transfers effected Coordination between local community structures, KeNHA and GoK officials KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 13: Draft Grievance Form KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Date: Public Grievance Form Resettlement Action Plan (RAP) Public Grievance Form RAP Reference No. Full Name: Contact Information: Postal Address Address: .......................................................... ......................................................................... Please indicate how you wish to be contacted Telephone:....................................................... (mail, telephone, email) Email:................................................................ Preferred Language for Communication: Please mark how you wish to be contacted) English:…......................................................... Kiswahili:........................................................... National Identity Card Number (ID) Description of Incident or Grievance: What is the Problem? ....................................... ........................................................................... Who did it happen to? ...................................... Where did it happen? ....................................... What is the result of the problem? .................... Date of Incident/Grievance One time incident/grievance (Date:.................) Happened more than once (How many times) .........................................) Ongoing (Happening Now) ………….…..........) What would you like see happen to solve the problem? ................................................................... ................................................................................................................................................................... Signature:Date: Please return this form to: Kenya National Highways Authority Blue Shield Towers, Hospital Road, Upper Hill P.O. Box 49712 – 00100, Nairobi Kenya Tel:+254-20-8013842 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 14: Unauthenticated Land Claim Documents KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 15: Photographic Plates KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Photo 1: Community Meeting at Lagbogol Centre with the Consultant responding to the questions raised by the PAP community Photo 2: A view of goats sheltering from the sun under an acacia tree. The project area is Arid and community depend on ecologically supported activities such as sheep, goats and camel herding KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Photo 3: A view of one of the several public utilities on the wayleave Photo 4: Social Expert explaining about the Project to the Modogashe I (Lagdera) community members. KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Photo 5: A woman at Modogashe II (Sericho) giving her views. Photo 6: Women at a Women FGD at Skanska Center KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 Annex 16: Map of Wajir Town where survey of allotted plots is ongoing KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02 KeNHA/Reviewed and Updated RAP for the Proposed Upgrading to Bitumen Standards of Modogashe-Samatar-Wajir Road Pan-19-02