and limited ressetlement action plan for …kplc.co.ke/fileadmin/user_upload/documents/rap/rap...

THE KENYA POWER AND LIGHTING COMPANY LIMITED

RESSETLEMENT ACTION PLAN FOR THE PROPOSED MUMIAS‐RANGALA‐KISUMU 132 kV TRANSMISSION LINE

AUGUST, 2010

Name and Address of Consultant Otieno Odongo& Partners Consulting Engineers P.O Box 54021‐00200 Nairobi Tel : 020‐38700222 Fax : 020‐3870103 Fax : 020‐3870103 Email: [email protected]

Name and Address of Proponent The Kenya Power & Lighting Co.Ltd. Stima Plaza, Kolobot Road P.O Box 30099‐01000 Nairobi Tel : 020‐3201000

132kv Transmission Line: Mumias‐Rangala‐Kisumu Resettlement Action Plan

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Document Authentication This report is prepared for: The Kenya Power & Lighting Co. Limited P.O. Box 30099‐00100 Nairobi Received by; John Guda, Deputy Manager (Safety Health and Environment‐SHE), Signature…………………………………………………………... Date…………………………………………………………………


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TABLE OF CONTENTS LIST OF TABLES ....................................................................................................................... vii

LIST OF FIGURES ..................................................................................................................... vii

LIST OF ABBREVIATIONS........................................................................................................ viii

EXECUTIVE SUMMARY ............................................................................................................ ix

1.0 INTRODUCTION ............................................................................................................... 1

1.1 Scope of the RAP ................................................................................................................................ 1

1.2 Project Background ............................................................................................................................ 2

1.3 Project Description ............................................................................................................................. 2

1.4 Project Location .................................................................................................................................. 3

1.5 Objectives of the Resettlement Action Plan ...................................................................................... 4

1.6 Justification for Resettlement Action Plan ......................................................................................... 4

1.7 Land Compensation and Wayleave Acquisition ................................................................................. 5

1.8 Guiding Principles and objectives for the RAP ................................................................................... 6

2.0 LEGAL FRAMEWORK ........................................................................................................... 7

2.1 Introduction ........................................................................................................................................ 7

2.2 Summary of Relevant Acts. ................................................................................................................ 7

2.3 Land Acquisition Act Cap 295 ............................................................................................................. 7

2.4 The Way leaves Act Cap 292 .............................................................................................................. 8

2.5 Government Lands Act Cap 280 ......................................................................................................... 8

2.6 Registered Land Act Cap 300 .............................................................................................................. 8

2.7 Trust Land Act Cap 285 ....................................................................................................................... 8

2.8 Land control Act 302 .......................................................................................................................... 8

2.9 The Mining Act 306 ............................................................................................................................ 8

2.10 The Agriculture Act 318 .................................................................................................................... 8

2.11 Environmental Management Co‐ordination Act (1999) .................................................................. 9

2.12 World Bank Group Safeguard Policies.............................................................................................. 9


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2.13 Land Legal Issues .............................................................................................................................. 9

3.0 SCOPE OF LAND COMPENSATION, WAYLEAVE AGREEMENT AND RESETTLEMENT ............ 12

3.1 Source of data .................................................................................................................................. 12

3.2 Survey Methodology and schedule .................................................................................................. 12

3.3 Limitations of study .......................................................................................................................... 12

3.4 Right of way ...................................................................................................................................... 13

3.5 Impacts on Land and structures ....................................................................................................... 13

3.6 Impact of relocation on Services ...................................................................................................... 13

4.0 MEASURES TO MINIMIZE WAYLEAVE AGREEMENTS AND LOSSES .................................... 15

4.1 Consultation and participation ......................................................................................................... 15

4.2 Impact limitation measures in the design stage .............................................................................. 15

4.3 Preliminary evaluation of alternatives ............................................................................................. 15

4.4 Impact mitigation measures in the construction stage ................................................................... 15

5.0 SOCIO‐ECONOMIC FEATURES OF THE PROJECT AFFECTED PERSONS ................................. 17

5.1 Sources of Data ................................................................................................................................ 17

5.2 Socio‐Economics of PAPs in the Project affected Areas .................................................................. 17

5.3 Summary of Socio‐Economics of the Project affected Area ............................................................ 17

6.0 RESETTLEMENT POLICY AND ENTITLEMENTS .................................................................... 20

6.1 Compensation Policy ........................................................................................................................ 20

6.2 Project principles of compensation for Resettlement ..................................................................... 20

6.2.1 Compensation policy for loss of land ....................................................................................... 20

6.2.2 Guiding Principles and objectives for the RAP ......................................................................... 20

6.2.3 Valuation Methodology ........................................................................................................... 22

6.2.4 Entitlement Matrix ................................................................................................................... 24

7.0 RESETTLEMENT SITE ......................................................................................................... 26

7.1 Method of Site Selection and Site Alternatives ............................................................................... 26

7.2 Influx Management .......................................................................................................................... 26


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7.3 Location of Resettlement Site .......................................................................................................... 26

7.4 Resettlement Options ...................................................................................................................... 26

7.5 Resettlement Site Development (Infrastructure, Social Service, etc.) ............................................. 26

7.6 Livelihood Restoration ..................................................................................................................... 27

8.0 INCOME RESTORATION .................................................................................................... 28

8.1 Introduction ...................................................................................................................................... 28

8.2 Income Restoration and Improvement Component ........................................................................ 28

8.3 Land‐Based Component ................................................................................................................... 30

8.4 Non‐farm Component ...................................................................................................................... 30

8.5 Compensation Preferences .............................................................................................................. 30

9.0 IMPLEMENTATION ARRANGEMENTS ................................................................................ 31

9.1 Organization Structure ..................................................................................................................... 31

9.2 KPLC Resettlement Unit ................................................................................................................... 31

9.3 Local RAP PAP Committee ................................................................................................................ 31

9.4 Capacity of KPLC Resettlement Unit ................................................................................................ 32

10. IMPLEMENTATION SCHEDULE AND THE RAP BUDGET ...................................................... 33

10.1 Implementation Schedule .............................................................................................................. 33

10.2 The RAP Budget .............................................................................................................................. 33

11.0 PARTICIPATION AND CONSULTATION ............................................................................. 35

11.1 Policy of participation and consultation ........................................................................................ 35

11.2 Interviews and Group Discussions ................................................................................................. 36

11.3 Project affected persons involvement ........................................................................................... 37

12.0 MONITORING AND SUPERVISION ................................................................................... 38

12.1 RAP Monitoring Framework ........................................................................................................... 38

12.2 Internal monitoring ........................................................................................................................ 38

12.3 Monitoring indicators ..................................................................................................................... 38

12.4 Monitoring process ........................................................................................................................ 40


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12.5 External monitoring ........................................................................................................................ 40

12.6 Agency responsibilities ................................................................................................................... 40

13.0 GRIEVANCE AND APPEALS .............................................................................................. 41

13.1 Subject matter of grievance ........................................................................................................... 41

13.2 Method of lodging complaints ....................................................................................................... 41

13.3 Proposed procedure ....................................................................................................................... 41

14.0 RECOMMEDATIONS AND CONCLUSIONS ........................................................................ 43

14.1 Conclusions..................................................................................................................................... 43

14.2 Recommendations ......................................................................................................................... 43

REFERENCES ........................................................................................................................... 44

APPENDIX .............................................................................................................................. 45

Appendix 1: List of Affected PAPs indicating their names and lost property ........................................ 46

Appendix 2: Household Questionnaires ESIA / RAP Socio‐Economic Survey ........................................ 47

Appendix 3: Locations where socio‐economic survey and household census were undertaken .......... 52

Appendix 4: Resettlement Action Plan Activity Schedule ...................................................................... 53

Appendix 5: Resettlement Action Plan Public Grievance Form ............................................................. 54


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LIST OF TABLES Table 1: Summary of the number of Project Affected Persons and Property found along the

proposed project route .......................................................................................................... xi

Table 2: Itemized costs of affected property in districts within project areas ............................ xvi

Table 3: Entitlement matrix ........................................................................................................... 25

Table 4: Livelihood Restoration Options ....................................................................................... 29

Table 5: Cost Estimates for lost Property ...................................................................................... 33

Table 6: Cost disturbance Allowances and Livelihood Restoration Programmes ......................... 34

Table7: Monitoring Indicators ....................................................................................................... 38

LIST OF FIGURES Figure 1: Location of Mumias‐Rangala section of the Transmission Line ....................................... 3

Figure 2: Location of Rangala‐Kisumu section of the Transmission Line ........................................ 4

Figure 3: Grievance Redress Procedure ........................................................................................ 42


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LIST OF ABBREVIATIONS Abbreviation Description

ADC Area Development Committees

BP Bank Policies

CIP Community Involvement Programme

CSR Corporate Social Responsibility

DC District Commissioner

DF Displaced Families

DO District Officer

DRC Dispute Resolution Centre

EAP Environmental Action Programmes

EC Entitlement Card

EIA Environmental Impact Assessment

EMA External Monitoring Agent

EMCA Environmental Management and Coordination Act

EP Eligible Persons

ESIA Environmental and Social Impact Assessment

GoK Government Of Kenya

GPS Geographical Positioning System

GRRM Grievances Referral and Redress Mechanism

ID Identity Cards

ISK Institution of Surveyors of Kenya

KPLC Kenya Power and Lighting Company

LDC Land Dispute Committee

LIRP Livelihood and Income Restoration Programme

LPAP Land Purchase Assistance Programme

LRC Land Resolution Committee

M&E Monitoring and Evaluation

MOW Ministry of Works

NEMA National Environment Management Authority

O&M Operations and Maintenance

OP Operation Procedure

PAF Project Affected Families

PAH Project Affected Households

PAP Project Affected Persons

PAPC PAP Committee

PC Provincial Commissioner

PCDP Public Consultation and Disclosure Plan

PIM Project Information Memorandum

PIU Project Implementation Unit

PMU Project Management Unit

R.D.A Registration of Documents Act Cap 285 Laws of Kenya

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

WB World Bank


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EXECUTIVE SUMMARY Introduction The Government of Kenya plans to increase access to electricity in Kenya tenfold from the current 6% in the rural areas and 18% of the total population to about 20% of rural areas and 40% of total population by 2020. To achieve this goal, Government has prepared the Energy Scale up Program covering the period 2008 to 2017. The government plans to improve and expand the network as well as raise power generation to match the demand. To do this, the transmission lines network is being considered for construction and upgrading with the communication system required for line protection and management purposes. The KPLC power development plan identified various 132 kV power transmission lines requiring development in order to improve the performance of the national grid network to cater for the increasing load growth and meet the objectives of 2030. Mumias‐Rangala‐Kisumu transmission line is one of the single circuits 132kV that KPLC has identified and intends to construct. The proposed project involves construction of approximately one hundred and two kilometers (101.2 km) stretch of a high voltage transmission line from Mumias via Rangala to Kisumu. The proposed transmission line starts at the Mumias Sugar Factory substation at the periphery of Mumias and traverses through six districts to reach the existing Mamboleo substation in the outskirts of Kisumu town. A main criterion considered in preparing conceptual design has been to ensure that the transmission line is designed in a safe, cost effective and reliable manner. Land for the way leave would have to be expropriated from the community members as no public land exists in the project area. The area of land to be acquired from the community member’s measures 590.3 hectares (1475.67 acres). The Resettlement Action Plan (RAP’s) main objective is to develop a programme that will facilitate restoration of livelihoods of the Project Affected Persons (PAPs) to the pre‐impacts levels. This was achieved by conducting a socio‐economic survey in the project area to gather information on the project impacts on the PAP’s. The information gathered identified the nature and diversity of the potential impacts on the PAP’s assets, livelihoods, public infrastructure and households. This RAP is developed in accordance with the World Bank’s Involuntary Resettlement Policy and relevant sections of the Operations Manual together with the Laws of Kenya.


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This study provides the project proponent with considerations on socio‐economic impacts of the project. The project is required to comply with international best practice as regards resettlement. The main guiding principles included;

• Resettlement to be avoided or minimized

• Genuine consultation to take place

• Establishment of a pre‐resettlement baseline data

• Assistance in relocation to be available

• A fair and equitable set of compensation options to be negotiated

• Resettlement to take place as a development that ensures that PAPs benefit

• Vulnerable social groups to be specifically catered for

• Resettlement to be seen as an upfront project cost

• An independent monitoring and grievance procedure to be in place, and

• World Bank’s operational procedure on forced resettlement to be adopted. Methodology Primary and secondary data collection techniques were used for the purposes of providing the social and economic status of the community which eventually culminated in development of this RAP report. Specific techniques used for the data collection included: Key Informant and Semi‐Structured Interviews, Open‐ended household questionnaires, Focus Group Discussions, Public Barazas, observations and Transect walks. Legal Framework The Kenyan Law recognizes three categories of land ownership namely Public land, Trust land and Private land. There are several Relevant Acts/statutes that handle the issue of land and the development of infrastructure in Kenya namely: Compulsory Acquisition Act Cap 295; The Wayleave Act Cap 292; Government Lands Act Cap 280; Land Titles Act Cap 282; Registration of Titles Act Cap 281; Land (Group Representatives) Act Cap 287; Trust Land Act Cap 285; Registered Land Act Cap 300; Land control Act 302; Mining Act 306; Agriculture Act 318 and Environmental Management and Co‐ordination Act. In addition, the World Bank Policy O.P 4.12 whose emphasise are to ensure participation and wide consultations with PAPs; assistance to the displaced persons to improve their livelihoods, avoid/minimize involuntary resettlement and safeguard production systems of a community. The World Bank Safeguard Policies This project is being undertaken in compliance with Kenyan legislation and The World Bank policies. However, where gaps exist between Kenyan Law and the Bank’s policy, the latter’s standards will be followed. The objective of the World Bank's environmental and social safeguard policies is to prevent and mitigate undue harm to people and their environment in the


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development process. These policies provide guidelines for bank and borrower staffs in the identification, preparation, and implementation of programs and projects. The Mumias‐Rangala‐Kisumu resettlement action triggers the World Bank's operational policy OP 4.12 on Involuntary Resettlement in that it shall require [involuntary] acquisition of land as well as restrictions of access in areas within the transmission line Wayleave. This has however been complied with through the ESIA study of project alternatives; participatory wide consultations with PAPs and other stakeholders have been conducted and; PAPs have been informed of their rights including prompt compensation at full replacement cost for loss of assets attributable to the project including assistance during relocation, and transitional support and development assistance. Minimizing Resettlement and Associated Cost The social and economic assessment revealed that the project will result in land acquisition amounting to 590.3 hectares (1475.67 acres) owned by eight hundred and fifty nine (859) households. It will affect three hundred and eighty homesteads leading to demolition of six hundred and twenty four structures in the different districts it shall traverse as shown in Table 1. Further, the project will lead to loss of at least one thousand six hundred and nineteen trees and loss of crops mainly sugarcane and Maize.

Table 1: Summary of the number of Project Affected Persons and Property found along the proposed project route District

Total number of homesteads affected

Total number of structures to be affected

Total number of trees affected

Total number of affected households

Total number of persons affected

Total number of persons to be physically affected‐‐relocation

Total acreage of land affected

Mumias 36 64 987 219 384 6 290.94

Ugenya 24 31 250 110 186 0 146.42

Gem 231 299 168 240 1386 6 493.3

Emuhaya 52 138 160 146 312 24 306.3

Kisumu North

31 85 50 120 186 3 222.34

Kisumu East

6 7 4 24 36 3 16.37

Totals 380 624 1619 859 2490 42 1475.67


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Resettlement displacements and disturbance impacts will be minimized through consultations and participation with the PAPs, redesigning the project (facility relocation/rerouting) and putting appropriate impact limitation and mitigation measures in the construction and design stages Socio‐economic features of the project affected persons Residents in the project area are mostly the middle aged, 21‐70 years who form over 93% of the population. Nuclear families are the majority (71.3%), and 88.8% of the population are Christians. Land in the project area has various ownership namely communal (91.7%), individual (5.1%) and commercial (3.2%). 62% of the land is freehold and the rest is either traditional/communally owned (28%) or leased (1%). The land to be affected by the project is currently used for agriculture and settlement. Majority (73.6%) of the PAPs owned residential property in which they live in with only a negligible proportion of 26.4% having rented the premises they occupy. 81.2% of the houses are built with blocks, iron sheets and wood and homesteads consist of either single or clustered houses. The project area has twelve main business centres namely Mumias, Lureko, Sigomero, Simerro, Bungasi, Sindindi, Yala, aya, Emukhaya, Maseno, Chulaimbo, Kisian and Riat. Infrastructures in the area included tarmac roads and communication is efficient through mobile phones. Existing water sources include boreholes, piped water and rivers. Only 4 shops are likely to be affected by the project at Emukhaya Trading Centre. Majority (50.8%) of the residents carry out farming. Household incomes are relatively low below Ksh 25,000 per month of which they spent 80% on basic needs namely food, medicine and education. The main source of energy is electricity 55.8%. Gender disparity in the project area was evident with 28.8% of women having title in their names against 71.2 % of men. The main decision makers at the household level are male 61.6%, 11% of female make decisions and 27.4% indicated both partners make decisions. Findings of the RAP Majority of the population were not willing to be resettled far from their current sites. Further, most of the respondents wanted to be relocated together with their community. Property valuation by the residents was based at present market value in the area. Resettlement policy and entitlements Compulsory acquisition occurs when the state has to acquire land compulsorily for purposes of public interest as entrenched in the constitution, Section 75 (1). In the case of Mumias‐Rangala‐Kisumu transmission line, the acquisition is guided by Compulsory Acquisition Act Cap 295, and Wayleave Act Cap 292 which authorizes the Government to carry out sewers, drains and pipelines through, over and under any lands and whenever crops, structures or trees are affected to compensate for it promptly. Further, to ensure that the RAP complies with international best


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practice as regards resettlement, the principle implementing agent, KPLC shall bind itself to following all guiding principles of the World Bank O.P 4.12: Valuation Methodology Valuation of property on the Mumias‐Rangala‐Kisumu transmission line was undertaken using three methods namely: Comparison, Investment and Cost approach methods. A further 15% disturbance allowance was provided for to cater for disturbance/movement of the affected people. Resettlement site There were no specific Resettlement Sites identified during the RAP except that the community members preferred to be resettled in the same community or with family members. Households with small parcels of land and those that depend on the towns for their livelihoods mainly in Mumias District would like resettlement site to be developed with all necessary facilities to enable them adequately restore their livelihood as they understand the line cannot be relocated. This indicated that the Resettlement Developments Site to be earmarked should be in an agricultural area and include improvement or provision of better residential and communal/social infrastructures, water sources, business centres and transport routes. Compensation, Income and Livelihoods Restoration The major assets for which compensation will be paid are:

i. Private houses and fences ii. Farm land (cash and food crop loss) iii. Private plantation (tree loss) iv. Grazing land (fodder loss) v. Public buildings and temporary loss to social services infrastructure;

Considering that majority of the PAPs are farmers and small scale businesses, the main livelihood loses will include crops, trees, business and commercial properties. Livelihood restoration should therefore target the two areas of improving agriculture and small scale business development as well as enhancement of income generating activities through enhanced market linkages, provision of relocation assistance, training on skill development and capacity building on areas such as enterprise, job creation, agriculture, community participation and management, Health and Hygiene education and PAP’s empowerment. During project implementation and operation, it is advisable that, local people whose livelihood is impacted by the project will get preference in jobs associated with the project construction.


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Implementation of the RAP The Mumias‐Rangala‐Kisumu land acquisition, compensation, relocation and, income and livelihood restoration programs calls for an all inclusive and participatory organizational structure to manage the RAP. Such an organizational structure will include the following:

i. KPLC Resettlement Project Implementing Unit. The aim of this unit is to involve other key stakeholders and institutions who will play collective roles implementation of the Resettlement Action Plan including land acquisition, award of compensation and resettlement for the project. Further, KPLC should vote in adequate resources for implementing the RAP as outlined in the budget. This implies that KPLC should be strengthened and endowed in terms of resources to implement the RAP.

ii. Project Affected Persons Committee whose mandate will be to conduct extensive Public Awareness and consultations with the affected people, ratify compensation rates and resolve disputes that may arise relating to resettlement process.

All PAP’s would be resettled before commencement of the project. The RAP budget is estimated to cost Kenya Shillings five hundred and eighty seven million, seven hundred and three thousand, seven hundred and fifty four and fifty one cents. (Ksh. 587,703,754.51), which is inclusive of the cost of land purchase, compensation for lost structures, compensation for lost trees and, crops, reconstruction of social infrastructures (schools, trading centres and a church) and livelihood restoration programmes. Participation and consultation Under this RAP, participation and consultation is aimed at ensuring that:

i. All stakeholders are consulted and effectively involved in a two‐way communication with the project proponents;

ii. All relevant and accurate information is provided and disclosed by the proponent to affected persons and communities;

iii. Consultations with different stakeholders is undertaken through a language and medium they are comfortable with; and

iv. A specific and transparent mechanism for the recording of grievances and their timely resolution is put in place.

These objectives were achieved through interviews and group discussions as well as stakeholders and community public meetings. Further, a household census and socio‐economic survey of the PAPs was conducted. These activities created awareness of the project and its implications on the community members thereby preparing them for eventual results. Monitoring and supervision Monitoring of the RAP will be carried out during the whole process of land acquisition and resettlement. It will involve both the internal (conducted PIU as well as overall monitoring by the PAPC) and external monitoring (conducted by an External consultant). Under these activities, KPLC Project Office will maintain the basic database of land acquisition, house relocation and


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resettlement. It will monitor all of the relocated households, and supervise the whole process of resettlement preparation and implementation. Internal monitoring of the resettlement performance will be based on set timelines as per the RAP and have the following indicators:

• Acquisition of land, building and other structures and; destruction of crops and trees

• Compensation and re‐establishment of affected owners/individuals

• Re‐establishment of community resources e.g health, educational and social facilities

• Introduction of nuisance factors

• Changes to homestead livelihoods

• Changes in social organization and access to infrastructure

• Population influx External RAP monitoring if need be will be conducted by an External consultant. It will Endeavour to accomplish the following objectives:

• Review the results and success of internal monitoring

• Assess whether relocation objectives have been met

• Assess general efficiency of relocation and formulate lessons for future guidance; and

• Determine overall adequacy of resettlement and compensation process Grievance and appeals Grievance redress mechanisms are essential tools for facilitating PAPs to voice their concerns about the resettlement and compensation process as they arise and are fundamental to achieving transparency in the acquisition and resettlement processes. The key grievance subject matters likely to arise for the Mumias‐Rangala‐Kisumu transmission line include, advance provision of timeframe for relocation; values for land, building and plants; ownership rights and; resettlement assistance, relocation as well as disturbance and compensation of livelihoods. During implementation of the RAP, grievances will be launched through either filling a specifically pre‐designed compliant form and appending the PAPs signature and formally submitting it to the GRC office. The proposed procedures of Grievances Referral and Redress incase of Mumias‐Rangala‐Kisumu transmission RAP will involve various steps as follows.

i. PAPs are informed of their losses and entitlement in writing through personal contact by the PIU.

ii. If satisfied, the PAP claims resettlement payment from the PIU. iii. If dissatisfied or the PAP do not clearly understand the entitlement/any aspect of the

resettlement plan, s/he approaches the PIU for clarification. The PIU makes a note and explains the unclear issues to the PAP according to the RAP. If the issue(s) are resolved, the PAP collects the payment from the PIU. If not solved PAP moves to step 3.

iv. The PAP writes up or a fills a complaints form appended with his signature formally to the Grievance Redress Committee (GRC) at their office. Within two weeks, the GRC holds a


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session with the aggrieved PAP, minutes recorded and duly constituted. If resolved, the PIU approves and the PAP collects his/her entitlements.

v. If necessary, the Project Affected People Committees (PAPC) will be asked to provide recommendations as to how the grievance is to be addressed. If deemed necessary by the PAP committee the case will be re‐investigated and, depending on the nature of the issue, referred to the a court of law for settlement

Cost estimates The cost estimates for the total value of land to be acquired is Kenya Shillings Three Hundred and Thirty Nine Million, Five Hundred and Seventy Six Thousand, Seven hundred and Seventy Four Only (Ksh. 339,576,774) while built structures are estimated to cost about Kenya Shillings One Hundred and Ten, Million, Two Hundred and Fifty Nine Thousand, Two Hundred (Ksh. 110,259, 200). In addition, 15% disturbance allowance will be legally added to the declared value as stated by Compulsory acquisition Act. Summary of cost estimates of the value of land to be acquired in each district the line shall traverse is provided in table 2.

Table 2: Itemized costs of affected property in districts within project areas

District

Total costs of land

Total costsof trees

Total costs of structures

Total cost of crops

GRAND TOTALS

Mumias 98660371.15 100,800 47,443,200 24665092.79 170,869,464

Ugenya 61269927.6 96,000 24,972,800 15317481.9 101,656,210

Gem 110854002 30,000 15,859,200 11117276.1 137,860,478

Emuhaya 16308600 2400 2352000 815430 19,478,430

Kisumu North 34913750.4 593,600 12,785,600 4,257,497 56,807,944

Kisumu East 17570123.57 147,305 6,846,400 1,104,300 26,772,428.

Totals 339,576,774.00 970,105 110,259,200 57,277,078. 513,444,954.

Conclusions and Recommendations The proposed Mumias‐Rangala‐Kisumu Transmission Line will lead to loss of property and displacement of a number of PAPs. There is therefore a need to ensure that the identified PAPs are adequately compensated with the aim of improving or restoring their livelihoods to the pre‐impact standards. To realize this objective, the implementing agency (KPLC) should undertake the following activities:

• Continuous public consultation making the PAPs aware of the RAP schedule in adequate time.

• Appropriate amount of land is allocated;


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• Land where PAPs are resettled are provided with necessary infrastructure facilities and services and improved farming methods;

• All payments should be made before demolition commences;

• Compensation for structures should include the full cost of materials, transport and labour required for reconstructing buildings of similar surface and standing;


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1.0 INTRODUCTION 1.1 Scope of the RAP Otieno Odongo, also referred to as the Consultant, was contracted by KPLC to develop a Resettlement Action Plan (RAP) for the proposed 132kV Mumias‐Rangala‐Kisumu transmission line. The RAP was developed to ensure that the PAP’s livelihoods are restored as much as possible and the project impacts on them are minimized to acceptable standards during the RAP implementation phase. The scope of work undertaken during the RAP preparation phase included:

• Project description;

• Analyzing objectives of the resettlement programmes;

• Analysis and evaluation of potential project impacts through identification of the PAP, estimating their number and evaluating the impacts of the project on them;

• Conducting socio‐economic studies including census survey, land tenure and transfer systems, public infrastructure and social services which will be affected, social‐cultural characteristics of community to be affected and patterns of social interactions in the affected communities, including social networks and social support systems;

• Analysis of the legal framework;

• Analysis of institutional framework covering the identification of agencies responsible for resettlement activities, an assessment of the institution capacity of such agencies and steps that are proposed to enhance the institutional capacity of the agencies responsible for resettlement implementation;

• Evaluating affordable and accessible procedures for grievances redress mechanisms for third party settlement of disputes arising from resettlement including judicial resources and, community and traditional settlement mechanism;

• Assessing the appropriate organizational framework for implementing resettlement including identification of agencies responsible for delivery of resettlement measure and provision of services, arrangements to ensure appropriate coordination between agencies and jurisdiction involved in implementation.

• Developing an implementation schedule covering all resettlement activities from preparation through implementation including target dates for the achievement of expected benefits to resettlers and hosts. The schedule indicates how the resettlement activities are linked to the implementation of the overall project;

• Costing items and all activities, including allowances for inflation, population growth and other contingencies timetables for expenditure, sources of funds and arrangements for timely flow of funds and funding of resettlement, if any in areas outside the jurisdiction of the implementing agencies; and

• Listing monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by World Bank to ensure complete and objective information performance monitoring indicators to measure inputs, outputs and outcome for resettlement activities.


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1.2 Project Background Kenya Power and Lighting Company Limited (KPLC), also referred to as the implementing agency, is a limited liability company responsible for the transmission, distribution and retail of electricity throughout Kenya. The Proponent owns and operates the national transmission and distribution grid, and as at June 2009 was retailing electricity to approximately 1,262,309 customers throughout the nation. The Proponent proposes to construct and operate approximately 101.56 Km of single circuit 132 kV transmission line between Mumias and Kisumu. The Government of Kenya plans to increase access to electricity in Kenya tenfold from the current 4% in the rural areas to about 40% by 2020. To do this, the transmission lines network is being considered for construction and upgrading with the communication system required for line protection and management purposes. The generating system in Kenya consists of hydropower as well as thermal power plants, in total 1,197 MW installed capacity. The largest power plant is Gitaru hydropower plant with an installed capacity at 225 MW (as at the end of FY 2007). The transmission system voltage as of June 2007 consisted of 1,323 km 220 kV and 2,122 km 132 kV. Almost all the 220 kV and 132 KV lines are single circuit lines with the conductor coat at 220 kV and Wolf or Lynx for more than 50 % of the 132 kV lines. Kenya is today interconnected with Uganda through a 132 kV double circuit line. (Norconsult AS, August 2009). The KPLC least cost power development plan identified various 132 KV developments for improving the performance of the national grid network to cater for the increasing load growth and meet the objectives of 2030. To meet this objective KPLC intends to construct a single circuit 132KV transmission line from Mumias via Rangala to Kisumu. The proposed transmission line offers an opportunity to expand the dedicated telecommunications network so as to offer enhanced protection of the lines and upgrade the communication system. (Norconsult AS, August 2009)

1.3 Project Description The proposed project is part of the project proponent’s energy access scale‐up program, which has the following objectives:

• Extending the transmission of new 132 kV line from Mumias‐Rangala‐Kisumu, as well as new and reinforced transmission lines with the aim of reducing technical losses and improving voltage conditions, thereby coping with additional demand.

• Increasing access to electricity to 20% by 2010 by accelerating connection rates;

• Voltage upgrading to increase supply capacity and reduce system losses;

• Provide alternative electricity supply paths to increase reliability and improve power quality in the regions.

Currently electricity is accessible to less than 20% of the total population and approximately 5% of rural population. The Government’s goal is to accelerate access rate to 20% of rural population by 2010 and to at least 40% by 2020. To achieve this goal, Government has prepared the Energy Scale


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up Program covering the period 2008 to 2017. This would be approached not only from improvement and expansion of the network, but also on raising the generation to match the demand. A main criterion when concluding on the adopted conceptual design has been to ensure that the transmission line is designed in a safe, cost effective and reliable manner. This study provides the project proponent with considerations on social‐economic impacts of the project as proposed. Installation of the proposed line will require a way leave acquisition throughout its stretch. To meet requirements of the proposed project, land for the way leave will be expropriated from the community members as no public land exists in the project area. The area of land to be acquired from the community members measures 590.3 hectares (1475.67 acres).

1.4 Project Location The proposed project involves construction of approximately 101.2 km stretch of a high voltage transmission line from Mumias‐Rangal‐Kisumu. The proposed transmission line traverses through six districts namely Mumias, Ugenya, Gem, Emukhaya, Kisumu West and Kisumu East districts as shown on the way leave map (figure 1 and 2).

Figure 1: Location of Mumias‐Rangala section of the Transmission Line


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Figure 2: Location of RangalaKisumu section of the Transmission Line

1.5 Objectives of the Resettlement Action Plan The main objective of the RAP is to develop a programme to enable restore livelihoods of the PAPs to the pre‐impacts levels. To achieve this objective, a socio‐economic survey was conducted in the project area to gather information on the project impacts on the PAP’s. The information gathered identified the nature and diversity of the potential impacts on the PAP’s assets, livelihoods, public infrastructure and households. The objectives of the RAP were to:

• Identify all the Project Affected Persons (PAPs) including their gender, vulnerability, household and assets to be compensated;

• Develop an inventory of all assets to be affected or damaged;

• Value the affected assets at full replacement value and determine any supplementary payments e.g. unit price lists and itemized breakdowns of compensation offers and participation;

• Evaluate the available grievance procedures and redress mechanisms as well as the existing institutional arrangements within the Kenyan law;

• Develop Monitoring and Evaluation Parameters;

• Develop a timeline for the RAP and prepare a Budget for all activities.

1.6 Justification for Resettlement Action Plan The identified line route will lead to physical displacement of people, loss of shelter, assets, income sources and livelihood, and restriction of access to economic resources. The Resettlement Action Plan will help to define the resettlement and compensation necessary as a result of implementing the Mumias‐Rangala‐Kisumu power transmission line project, in accordance with the World Bank’s


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Involuntary Resettlement Policy and relevant sections of the Operations Manual together with the Laws of Kenya.

The RAP ensures that all Project Affected Persons are to be compensated for their losses at replacement cost at current market value and to be provided with rehabilitation measures where applicable, in order to assist them to improve or sustain their pre‐project living standards and income generating capacity.

1.7 Land Compensation and Wayleave Acquisition KPLC has guidelines on wayleave acquisition and land compensation which are outlined in the wayleave acquisition procedures and the Resettlement Policy Framework (RPF) for similar projects undertaken by the organization. The objectives of Wayleave Acquisition procedure is to ensure that quality and binding wayleaves consents/approval are obtained/acquired effectively and correctly by following strict laid down rules to ensure that the construction of power line is done to satisfactory levels and to the highest standard compliant to statutory ISO 9001:2000. The wayleaves acquisition is a compulsory procedure applied to all power lines network throughout KPLC’s regions of operation. Acquiring wayleaves legalizes the building of power lines and is undertaken using the documented operating procedures listed below.

i. Acquisition of maps and plans‐ The purpose of acquisition of maps and plans is to provide the right tools (data) and information for survey and quality design requirements in compliant to statutory ISO 900:2000 requirements;

ii. Property Damage Assessment and Payments –The purpose of this operating procedure is to record all damaged properties, cost them using set and approved KPLC rates and organize payments for compensating affected people. The aim of this procedure is to provide satisfactory service and enhance a warm relationship with KPLC’s direct and indirect customers in order to achieve quality service compliant to ISO 9001:2000;

iii. Sorting out wayleaves trace infringement‐The purpose of this operating procedure is to clear the wayleaves of traces of infringements in order to ensure that risk to life is reduced in the event of high voltage lines collapsing on human habitation and at the same time avail smooth passage or access to power line maintenance teams for maintenance, disconnection of power incase of emergencies or in case of necessity to repair the line and to ensure the safety of the power line. The wayleaves trace inspection is normally carried out for all power line networks within the country.

The process of wayleave acquisition according to KPLC operating procedures are;

• The Wayleaves Officer identifies if Public approvals are required or wayleave agreement forms are necessary for an identified wayleave;

• If Public approvals are required, application for public approval is made with colored drawings attached;


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• If wayleave agreements are required they are prepared and a list of the plot numbers affected are also prepared to enable carry‐out personal title searches and to determine the registered land owners and their contacts;

• The names are inserted to each wayleaves agreement form prepared;

• The wayleaves officer allocates the agreement form to wayleaves assistant to physically look for the landowners to sign the agreements forms;

• The wayleaves officer counter check signed agreement forms and they are recorded and filed. Where land owners dissents, Project/Design is notified and further negotiations are arranged or Project/Design Engineer explores alternative route if negotiation fails and the exercise is repeated;

• Once the public approval is obtained and wayleave consents granted, the Design Engineer notifies Construction works to proceed.

1.8 Guiding Principles and objectives for the RAP In order to ensure that the RAP complies with international best practice as regards resettlement, the principle implementing agent, KPLC shall bind itself to World Bank safe guard policy (O.P 4.12) on involuntary resettlement summarized as follows

• Resettlement must be avoided or minimized

• Genuine consultation must take place

• Establishment of a pre‐resettlement baseline data

• Assistance in relocation must be made available

• A fair and equitable set of compensation options must be negotiated

• Resettlement must take place as a development that ensures that PAPs benefit

• Vulnerable social groups must be specifically catered for

• Resettlement must be seen as an upfront project cost

• An independent monitoring and grievance procedure must be in place

• World Bank’s operational procedure on forced resettlement


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2.0 LEGAL FRAMEWORK 2.1 Introduction The Kenyan Law recognizes three categories of land ownership in which basic or radical title vests namely: ‐ (i) Government‐owned land (ii) Trust land and, (iii) Private land. Government land refers to land that was vested in the government of Kenya by section 204 and 205 of the constitution that was contained in the schedule 2 of the Kenya independence order in council 1963 and section 21,22,25,and 26 of the constitution of Kenya (amendment) Act 1964. Trust land is the land that is declared to be trust land and defined in section 114 of the Constitution of Kenya. Private land is land that is registered in accordance with any of the laws that provide registration of title. Land may be registered in the name of an individual or company. According to the constitution section 75, private land can only be acquired when it is proved that there is “overriding interest” which allows the government to compulsorily acquire the land after proving that it’s needed for public purpose. The acquisitions require fully and prompt compensation of the land owners.

2.2 Summary of Relevant Acts. Kenya has several statutes that handle the issue of land and the development of infrastructure. These are:

• Compulsory acquisition Act Cap 295

• The Wayleave Act Cap 292

• Government Lands Act Cap 280

• Land Titles Act Cap 282

• Registration of Titles Act Cap 281

• Land (Group Representatives) Act Cap 287

• Trust Land Act Cap 285

• Registered Land Act Cap 300

• Land control Act 302

• Mining Act 306

• Agriculture Act 318

• Environmental Management and Co‐ordination Act

2.3 Land Acquisition Act Cap 295 The Act applies where public interest overrides private interest as indicated in section 75 of the Constitution of Kenya. The initiatives and procedures of acquisition is set out in the Act and the following highlights are salient,

i) Section 6(1), the Minister has to be satisfied that the land required is for public purpose by a public body before he directs the commissioner of lands to acquire it compulsorily

ii) Section 6(2),the commissioner of lands then publishes the notice of acquisition iii) Section 9(1), the commissioner holds an inquiry for hearing of claims by persons

interested in the land


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iv) Section 8, the Act recommends that full compensation to be paid promptly to all persons interested in the land.

This is a critical Act when dealing with the acquisition of the corridor because it traverses through private land which has to be acquired under the Act.

2.4 The Way leaves Act Cap 292 The Act authorizes the Government to carry out sewers, drains and pipelines through, over and under any lands whatsoever. It however cautions that “....but may not in so doing interfere with any existing buildings”. Where any developments are affected, the Act recommends for compensation. Section 6 (1), “the Government shall make good all compensation to the owner of any tree or crops destroyed or damaged”. The Act further explains the process of resolving conflicts that arise in determining the compensation value.

2.5 Government Lands Act Cap 280 Under this act the president through the commissioner of lands, allocates any un‐alienated land to any person he so wishes. Such a land once allocated is held as a grant from the government on payment of such rents to the government as the government wishes.

2.6 Registered Land Act Cap 300 Under this act any person may acquire absolute ownership to any land once he or she has been registered as the absolute owner. On registration such a person acquires freehold interests on the land. Freehold implies absolute ownership. Such land becomes private land and this is the form of tenure that many of the people on the site enjoy.

2.7 Trust Land Act Cap 285 All land, which is not registered under any Act of parliament, is vested in local authorities as Trust. In these Trust Lands a person may acquire leasehold interest for a specific number of years. The local authorities retain the powers to repossess such land for their own use should the need arise.

2.8 Land control Act 302 This act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers can acquire replacement land. It also controls subdivision of agricultural land to uneconomical sizes.

2.9 The Mining Act 306 This act makes direct reference to the responsibility of the holder of a mining lease for the provision of compensation to people who hold land for any disturbances created (section 26). A section 48 and 32 ensures that a developer (subject to section 26) has the right to remove timber from a site upon which the lease is held.

2.10 The Agriculture Act 318 This act provides for the maintenance of stable agriculture and the conservation of soil and its fertility.


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2.11 Environmental Management Coordination Act (1999) This act makes provision for adequate environmental investigations to be undertaken in respect of certain listed developments. The need to carry out an environmental Impact Assessment (EIA) before any listed development may take place, are provided for in the act.

2.12 World Bank Group Safeguard Policies According to the World Bank safeguard policies,

• Displaced persons should be meaningfully consulted and have opportunities to participate in planning and implementing resettlement programs

• Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre‐displacement levels or to levels prevailing prior to beginning of project implementation, whichever is higher.

• Avoiding or minimizing involuntary resettlement where feasible, exploring all viable alternative project design; where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to give the persons displaced by the project the opportunity to share in project benefits.

• The production systems of a community are safeguarded to the extent that guarantees their livelihoods and that their skills base remain relevant regardless of the resettlement site. The policy objectives are also designed to minimize kinship group dislocation that might subject the affected persons to unfair competition when mutual help is diminished or lost.

2.13 Land Legal Issues Interests in land broadly fall into two groups. Rights that are held through traditional African systems and rights that derive from the English system introduced and maintained through laws enacted first by colonial and later by the national parliament. The former is known as customary tenure bound through traditional rules (customary law). The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Acts of Parliament as set out above.

a) Customary Land Tenure This refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit a number of similar characteristics as follows: First, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources (Ogendo, 1979). Individuals or families thus claim property rights by virtue of their affiliation to the group. Secondly, rights of control are rested in the political authority of the unit or community. This control is derived from sovereignty over the area in which the relevant resources are located. Control is for the purpose of guaranteeing access to the resources and is redistributive both spatially and intergenerational. Its administrative component entails the power to allocate land


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and other resources within the group, regulate their use and defend them against outsiders (Ogolla and Mugabe, 1996). Thirdly, rights analogous to private property accrue to individuals out of their investment of labour in harnessing, utilizing and maintaining the resource. Thus the present cultivator of some piece of land has the greatest rights to it. These rights transcend mere usufruct and encompass transmission and in some communities transfer (Elias, 1956). Lastly, resources that do not require extensive investment of labour or which by their nature have to be shared, for example, common pasturage, are controlled and managed by the relevant political authority. Every individual member of the political community has guaranteed equal rights of access thereto. The regulatory mechanisms imposed by the political units such as exclusion of outsiders, seasonal variations in land use and social pressure ensured sustainable resource utilization. This mode of ownership in Kenya is currently governed by the Trust Land Act by which all land in the rural areas which is neither government land nor individually owned is vested in the county council in trust for the residents living there.

b) Statutory Tenures

i) 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 Registered Land Act (RLA) Cap 300 of the Laws of Kenya governs freehold land. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. With regard to the areas with lower agricultural potential, mostly arid and semi arid parts of the country where the dominant land use was pastoralism, a different registration system was instituted in 1968. This is the regime of Land (Group Representatives) Act. Here the registration of group ranches was viewed as a compromise between individual ownership and the need for access to wider resources in dry lands. Under this system ‘communal lands’ are divided into smaller ‘ranches,’ which are then registered in the names of group representatives (three to ten members) elected by the members of the group (Wanjala 2000). Every member of the group has rights in the ownership of the group land in undivided shares. The members are entitled to reside therein free of charge with their family and dependants and make exclusive use for the grouped ranches resources. ii) 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. For government land the government also grants leases, the local authorities for trust land and by individuals or organisations owning freehold land. The maximum term of government leases granted in Kenya is 999 year for agricultural land and 99 years for urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate.


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c) Public Tenure This is land owned by the Government for own purpose and which includes unutilised or unalienated 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 Government Lands Act Cap 280. These lands are vested in the president who has, normally through the Commissioner of Lands, powers to allocate or make grants of any estates, interests or rights in or over unalienated government land. Categories of government land include forest reserves, other government reserves, alienated and unalienated government land, national parks, townships and other urban centres and open water bodies (GOK, 1996). The Government Lands Act does not contain any notion of trusteeship by government of the land on behalf of the people of Kenya. Indeed the government at times acts as a private owner and allocates parcels to those in its favour. d) Other Interests These include:

• Reservations of other government or trust land to government ministries, departments or parastatals for their use.

• Minor interest such as easements, wayleaves or temporary occupation licences.

• Non‐formalised defacto tenure by which people, individually or in groups invade and occupy other peoples government land particularly in the major urban centres of Nairobi, Mombasa and Kisumu.

The issue of land ownership has been at the centre stage of local politics in Kenya for a long while; this is expected to improve with the implementation of land policy which was approved in 2009.


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3.0 SCOPE OF LAND COMPENSATION, WAYLEAVE AGREEMENT AND RESETTLEMENT 3.1 Source of data Both secondary and primary data was collected during the survey of the project area; the primary data were collected through the qualitative and quantitative methods of data collection. Qualitative data was collected through field visits/site walks, public and stakeholders consultation while quantitative data was collected through the use of sampled questionnaires. The secondary data was collected through literature review which included study of the following documents:

• Policies, Acts and Regulations;

• District Development Plans;

• Project area topographical and cadastral maps;

• Previous project study documents; and

• Literature materials on project including those on IBA, Plant Species, Culture, Power Project Installation and Management among other project parameters.

3.2 Survey Methodology and schedule Detailed field surveys for this study were undertaken within the proposed project area and its surroundings by a team of experts comprising of the socio‐economist, environmentalist, surveyor and land valuer. These consultations were conducted through:

• Socio‐economic survey and census/inventory of all PAPs including their properties. This was undertaken from 7th October 2009 to 11th November 2009 as presented in Appendix 3.

• Detailed Focus Group Discussions and key informant interviews were held with stakeholders. This was also undertaken from the 7th October 2009 to 11th November 2009 and follow‐up meetings held from 15th ‐25th May 2010 in the entire project area.

3.3 Limitations of study The study faced a number of constraints that: While World Bank Policy 4.12 recognizes the imperative need to offer compensation to those whose land is affected by government activities, such as compulsory acquisition where such land is envisaged to be used for the public good, the current Kenyan legislation is silent on resettlement. The scope of coverage of Kenyan legislation and the World Bank Policy 4.12 differs as well. The World Bank Safeguards favour a policy of avoidance or minimization of involuntary resettlement and recommends the design of appropriate mitigation provision in case avoidance or minimisation is not possible. Whereas both recognize customary tenure as equivalent to legal title, the World Bank Policy 4.12 extends beyond this principle and recognizes informal occupancy as a form of customary tenure so long as such informal occupancy can be established prior to the project cut‐off date. Therefore, in accordance with the legal agreement of the credit for the development of the project, the preparation of this RAP has been executed in line with the policies and guidelines as set out in the World Bank Policy 4.12 which emphasises that affected people be provided with compensation at replacement cost and supported during the transitional period to improve or at least restore their living standards to pre‐displacement levels. The Kenya system recognises only title holders as bonafide property owners while under OP 4.12, lack of legal title is no bar in extending assistance and support to those affected by the investments.


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3.4 Right of way According to wayleaves Act, the Government is authorized to carry out sewers, drains and pipelines through, over and under any lands whatsoever. It however cautions that “....in so doing should not interfere with any existing buildings”. Where any structures, trees and crops are affected, the Act recommends for compensation. Whenever a conflict arises on determining compensation value, the Act further explains the process of resolving such conflicts.

3.5 Impacts on Land and structures Linear resettlement describes projects having linear patterns of land acquisition (highways, railways, canals, and power transmission lines). In sparsely populated rural areas, a linear project such as an electric transmission line may have minimal impact on any single landholder. Compensation is characterized by a large number of small payments for the temporary loss of assets such as standing crops. If well designed, linear projects can easily avoid or minimize the demolition of permanent structures. Linear resettlement contrasts with site specific resettlement because of the problems that frequently arise when resettlement actions have to be coordinated across multiple administrative jurisdictions and/or different cultural and linguistic areas. Mumias‐Rangala‐Kisumu transmission power line is a typical linear project and if well designed, can easily minimize demolition of permanent structures. The total amount of land to be acquired is 590.3 hectares (14575.67 acres). The proposed project will lead to demolition of several buildings including residential houses and communal social infrastructure such a church. In total six hundred and twenty four (624) structures are likely to be affected by the project; of which four (4) are commercial outlets, one is a church and the rest are residential houses. Most of the commercial buildings to be affected were made of masonry stones beneath GCI sheets roof on trusses and parallels. Loss of Trees The proposed project will not only lead to acquisition of land and structures but also of trees. At least one thousand six hundred and nineteen (1619) would be lost to pave way for the development of the transmission line. Loss of Crops The area to be acquired passes through several sugarcane plantation and maize farms. Depending on the time of project implementation, it was estimated that at least crops worth Kshs. 57,277,078 will be cleared to enable put up the transmission line.

3.6 Impact of relocation on Services The community members obtained fresh water supply mainly from the streams and water wells found within their neighborhoods apart from those in area like Sidindi, with water supply from the Siaya‐Bondo (SIBO) and Winam‐Gulf both of Lake Victoria South Water and Sewerage Company. Sanitary management was mainly through the use of pit latrines. Most areas had adequate access either through the tarmac Mumias‐Rangala‐Kisumu Road or earth roads in the area. The areas with


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the least road network were found in Ugenya, Gem, Emukhaya, Kisumu West and Kisumu East. Hence relocation will require development of such infrastructural services.


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4.0 MEASURES TO MINIMIZE WAYLEAVE AGREEMENTS AND LOSSES Construction of the Mumias‐Rangala‐Kisumu transmission line will lead to land acquisition and resettlement as well as limited access to land traversed by the line. Consequently, resettlers are expected to take some time to recover their production and livelihoods. It is therefore important to minimize displacements and disturbances arising from land acquisition in line with the World Bank OP 4.12. This will be realized through consultations and participation with the PAPs, redesigning the project (facility relocation/rerouting) and putting appropriate impact limitation and mitigation measures in the construction and design stages which are detailed in the following paragraphs.

4.1 Consultation and participation During the ESIA, the study interviewed people from all walks of life on the construction of project as well as efforts that should be put in place to mitigate against adverse impacts. The PAPs participated in the establishment of the RAP by generating primary resettlement opinions and data base. Further, PAPs will determine the final version of the RAP and participate during its implementation in the following ways:

i. Assisting in the update of the detailed site investigation of private and community assets ii. Negotiation of compensation agreements to fully reflect resettlers’ interests and opinions

and transparency of the KPLC resettlement work iii. Regular Consultation Meetings attended by PAPs to keep the communities informed of the

RAP progress and to continue soliciting opinions and proposals from the affected people. iv. Dissemination and sharing of information about relevant policies, laws and regulations,

compensation criteria, and others

4.2 Impact limitation measures in the design stage The field studies and comments obtained from the community members indicated that the proposed way leave would be difficult to re‐align to enable avoid acquisition of structures especially for the densely populated Shivale and Angola villages in Mumias town. Sections between Kisumu Mamboleo to Kisian will also limit re‐alignment of the line due to presence of the airport flight, the Lake Vitoria and the Kisian Hills. It was noted that the presence of the Nzoia River limits the re‐alignment of the power line to less densely populated areas. The community members stated it is advisable that all the affected people be resettled at one place to enable them adapt easily to their new areas of settlement.

4.3 Preliminary evaluation of alternatives The Consultant identified community relocation sites and ensured the involvement of affected people in participatory process to identify sites. It was noted that except for a few farmers (8.5%) who stated that resettlement site does not matter, majority of the PAP wanted to be resettled in the same community or compensated with cash grant (65%) equivalent to loss they were to experience so that they would settle on areas of their choice, they also wanted training to do other businesses.

4.4 Impact mitigation measures in the construction stage Minimizing impacts during construction will include:


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• Hiring existing rental houses instead of establishing camps. This should be complemented by hiring of local residents who would reside in their homes

• Establishing access roads on existing tracks for construction vehicles working on the transmission line. This would also limit social disturbances and destruction of the environment.

• Construction of pole foundations and laying tension lines will be carried out after the harvest of crops so as to minimize the damage of crops

• It is proposed that all those that shall be affected by the project should be compensated to ensure that their livelihoods have improved or restored to the pre‐impact status.


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5.0 SOCIOECONOMIC FEATURES OF THE PROJECT AFFECTED PERSONS

5.1 Sources of Data The RAP data sources and analysis was undertaken by a team of experts comprising of the socio‐economist, environmentalist, surveyor and land valuer. The main sources of data utilized to document the status of the project area and identify the PAPs during RAP, including a detailed inventory of their assets, livelihoods, social interactions and associations were:

i. Desktop review of relevant documents including: World Bank Safeguard Policy on Resettlement, Acts and Regulations; District Development Plans and Environment Reports for Mumias/Butere, Siaya and Kisumu Districts; Project area topographical and cadastral maps and; Previous project study documents.

ii. Field surveys using observation/site walks, checklists, questionnaires, public interviews and geographical positioning systems (GPS), targeting the PAPs along the proposed transmission line and households surrounding the proposed project area. All data collected were analyzed for production of the RAP. Samples of the questionnaires used during the study are provided in Appendix 2.

iii. Conducting discussions with the proponent on the project issues iv. Conducting public and stakeholders consultative meetings in various sites presented in

appendix 3.

5.2 Socio‐Economics of PAPs in the Project affected Areas Residents in the project area are mostly the middle aged, 21‐60 years who form over 85% of the population. Most households have many dependants with 73% having 6‐15 dependants. Nuclear families are the majority (71.3%), the rest being extended families. 88.8% of the population are Christians and the rest include Traditionalists and Muslims. Majority of the population (42.1%) had reached primary level of education

5.3 Summary of Socio‐Economics of the Project affected Area Land affected The area earmarked to be traversed by the transmission line covers the following villages; Shivale, Angola, Shitukumi, Nyakwakwa, Lureko, Edokho A&B,, Emukanga, Matora, Buchifi, Emaunga, Buyole, Bukhweso, Ebuyunjere, Mundindi,Ebuyenjere, Mushechere, Khushipare Kit Luiyo, Lukongo, Kulumuayo, Bumala, Buhkwayo, Madungu, Ugolwe, Simerro, Rangala, Simenya, Yala, Kadongo, Kanyakwar, Karombo and Kunya among others. The total area of land to be acquired measures 1475.67 acres which is currently under several uses namely agricultural, settlement, institutional and commercial.

91.7% of the land in the project area is communally owned, 5.1% individually owned and 3.2% is commercial according to those interviewed. With regards to land tenure for the household, the respondents said 62% of the land is freehold, leased 1%, traditional land 28% and 9% could not tell the type of land tenure. All Institutional land is owned by the institutions, 60% acquired through


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purchase and have been fully paid for and title deeds available. All land occupied by commercial property was acquired through purchase and have no outstanding payments. Housing and Asset Ownership 73.6% of the PAPs own residential property they lived in and had lived in the housing for 20 years and more. 40% of businesses were on tenancy basis and only 60% owned the premises. 81.2% of the houses are built with Blocks, iron sheets and wood. Majority of homes consisting of 60% have one house, 175 have two houses, 9% have up to 3 houses, 6% have four houses and those who have more than four houses constituted 10% of the respondents. Majority of homes consisting of 51.2% have one house, 12% have two houses, 15.2% have up to 3 houses, 6.4% have four houses and those who have more than four houses constituted 15.2% of the respondents. The commercial centres to be affected are made of masonry stones beneath GCI sheets roof on trusses and parallels. Access to Infrastructure 12.5% of the road is tarmac, 83.7% are rough road and only 3.8% are impassable. Use mobile phone was greater with 89.2% and 10.8% use post office infrastructures/equipments of communication. 40.4% of the population has access to borehole water, majority 45.5% use river water and only 14.1% have piped water. Tenure, Length of Time in the Location and Use of Land The number of years the households had lived in the area varied from one to fifty as follows: 0 to 20 years (49.1%), 21 to 40 years (28.3%), 41 to 60 years (15.7%) and above 60 years (6.9%). Regarding businesses premises, a greater percentage of occupants 60% being property owners and 40% are tenants. Occupation, Income and Expenditure 50.8% of the PAPs carry out farming, a negligible 9.8% are employed, 33.6% engage in various types of business and 5.7% of the respondents were casual labourers. Majority of the household respondents earn monthly income of below Ksh 25,000. Majority of PAPs stated they do not keep records of their expenditures but spent 80% (20,000) of their incomes on basic needs namely food, medicine and education. Energy 55.8% of the project area population use electricity, 3.8% uses charcoal and 16.5% depend on solar energy. Expenditure on energy ranged from ksh. 200 to 1,600 per month with a majority paying between Ksh. 200‐400 per month


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Issues related to Gender, Poverty and Vulnerable Groups Gender disparity in the project area was evident with 6.8% of women having title in their names against 71.2 % of men. The main decision makers at the household level are male 61.6%, 11% of female make decisions and 27.4% indicated both partners make decisions. Commercial Activities and Businesses There are twelve business centres in the project area including Mumias Town, Lureko, Sigomero, Simerro, Bungasi, Sindindi, Yala, Emukhaya, Maseno, Chulaimbo, Kisian and Riat Market. Despite the fact that the trading centres are not within the project corridor apart from Emukhaya, majority of the PAPs conduct their trading activities there as it is the main source of livelihood for all those dependent on business for income. Findings of the RAP Majority of the population in areas with small parcels of land like Mumias and sections of Ugenya were willing to move as they understood re‐aligning the line will be difficult as the area is densely settled because in the area families are generally large. Households preliminary resettlement options were, people to be resettled near their present homes (37%), in the same District (10.4%), none response and not considered yet (1.3%). A good number of the PAPs (65%) would like to be given monetary compensation to enable them choose resettlement areas for themselves and a large number of them 74.4% stated they shall resettle in the same community. Businesses were also indifferent as they indicated that if resettlement is to occur, they would like to remain in the same community area as they are used to conducting business in the area. Regarding preference for resettlement majority of the respondents (76.4%) wanted to be relocated together with their community members. A greater proportion of the respondents of 66.7% seem to base the value of their property at present market value in the area while the remaining 33.3% prefer to use assets value of property found on the plot including land value.


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6.0 RESETTLEMENT POLICY AND ENTITLEMENTS

6.1 Compensation Policy Compulsory acquisition occurs when the state has to acquire land compulsorily for purposes of public interest or what is referred to as overriding interests. In Kenya the right of expropriation is entrenched in the constitution, Section 75 (1) and the process is guided by several Acts with the principal one being the Land Acquisition Act Cap 295 which empowers the Government to acquire land for public body where the acquisition is necessary for public interest. Under the Trust land Act Cap 288 Section 7 (1) Local Authorities are empowered to set apart land for public benefit. Other acts which deals with acquisition of land in Kenya include: ‐ The Energy Act, 2006 Section 54(1), the Water Act Cap 372 Section 78(1) and the Local government Act Cap 265 Section 144. These acts give the Minister the power to acquire Land compulsory for public interest in accordance with the relevant laws. In the case of Mumias‐Rangala‐Kisumu transmission line, the acquisition is guided by Compulsory acquisition Act Cap 295, and Wayleave Act Cap 292 which authorizes the Government to carry out sewers, drains and pipelines through, over and under any lands and whenever crops, structures or trees are affected to compensate for it promptly.

6.2 Project principles of compensation for Resettlement

6.2.1 Compensation policy for loss of land In general, land use rights can be withdrawn by the state in the public interest. However, the state has the responsibility for paying fair compensation for any losses and improvements The Act specifies compensation payment for expropriated land, which is done in the public interest. It is silent on compensation issues such as the principles, forms, eligibility, valuation, adequacy, procedures, timing and responsibilities. The legal recourse available to affected persons who are not satisfied with the compensation is the courts of the country. Fortunately, there are well‐established local mechanisms for conflict resolution concerning land among local communities consisting of land issues resolution committees, area development committees or village elders.

6.2.2 Guiding Principles and objectives for the RAP In order to ensure that the RAP complies with international best practice as regards resettlement, the principle implementing agent, KPLC shall bind itself to the following guiding principles:

Principle 1: Resettlement must be avoided or minimized Action: To comply with the principle, KPLC has demonstrated that the proposed resettlement is both necessary and viable, and that its scope and extent cannot be lessened. KPLC has shown that they aim to design the proposed project so as to cause the least possible displacement and/or disruption.


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Principle 2: Genuine consultation must take place Action: Given its focus on resettlement, the primary concern is to take seriously the rights and interests of the PAPs. For this to take place, their voices need to be made clear, via the formation of local level consultative forum. These structures have been co‐ordinated at the community level by the client’s personnel and the consulting team.

Principle 3: Establishment of a pre‐resettlement baseline data Action: To support the successful reestablishment of affected property, the following activities will be undertaken prior to displacement.

• An inventory of landholdings and immovable/non‐retrievable improvements (buildings and structures) to determine fair and reasonable levels of compensation or mitigation. This will be used to determine and negotiate entitlements.

• A census detailing household composition and demography, and other relevant socio‐economic characteristics to assist in monitoring homestead reestablishment

The information obtained from the inventories and census will be entered into a database to facilitate resettlement planning, implementation and monitoring.

Principle 4: Assistance in relocation must be made available Action: KPLC will guarantee the provision of any necessary compensation for people whose property will be disturbed to make way for the transmission line, or any other disturbances of livelihood associated with the project in proportion to their loss.

Principle 5: A fair and equitable set of compensation options must be negotiated Action: Compensation will be paid for structures, land and trees that are disturbed according to set rates derived from market value comparables.

Principle 6: Resettlement must take place as a development that ensures that PAPs benefit Action: Where practical, the employment and sub‐contracting opportunities that arise from the project will be made available to the affected population.

Principle 7: Vulnerable social groups must be specifically catered for Action: Members of vulnerable groups are often physically weaker, and may need special help in the relocation/disturbance phase. In particular, female and child headed households may lose out to more powerful households when assets will be demolished to make way for the proposed project. This will entail KPLC ensuring that the pre‐resettlement database specifically identifies vulnerable social groups and makes provision for them to be included in consultative forum. KPLC must further ensure that they are given the necessary protection to ensure that they receive equitable access to replacement resources. In addition, KPLC will make specific reference to vulnerable social groups being paid particular attention in the monitoring process. Vulnerable groups will include those with minimal assets, the illiterate, and the aged (over 65 years).

Principle 8: Resettlement must be seen as an upfront project cost Action: KPLC should ensure that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are built into the overall project budget as up‐front costs.


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Principle 9: An independent monitoring and grievance procedure must be in place Action: In addition to internal monitoring that will be provided by KPLC, a consultant team will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organized in such a way that they are accessible to all affected parties, with particular concern for the situation of vulnerable groupings. Monitoring will specifically take place via measurement against the pre‐resettlement database.

Principle 10: World Bank’s operational procedure on forced resettlement Action: Displaced persons should be meaningfully consulted and given opportunities to participate in planning and implementing resettlement programs. They should also be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre‐displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is higher.

6.2.3 Valuation Methodology Valuation can simply be defined as the art or science of establishing the value (worth) of a particular interest in property for a specific purpose and at a particular moment in time; taking into considerations all the features of the property and also considering all the underlying factors of the market. All valuation techniques rely on the collection and analysis of data such as social, Economic, Government and Environmental attributes. Specific data include local market conditions and details of property transactions such as location, physical and functional form and legal characteristics. The value of the property is affected by the rights of enjoyment or compensation when such benefit may be alienated. In Kenya, compensation value requires that the value paid to include all the other miscellaneous expenses as well as the injurious affection due to the disturbance to them. Thus in such circumstances, the value paid is higher than normal market. Thus the factors that affect the value are those that affect the rights on land, thus location, legal rights and permitted use. Basically there are three methods of valuation namely,

1. Comparison Method: while it is true that no two properties can be the same, this method compares like properties. It is the most reliable and requires an active market while adjustments are made to fit specific properties. The limitation faced by this method is lack of data and sometimes misleading data. Comparables may be biased where the seller may sell more or less depending on the needs at the time. Elsewhere the data given may not be correct because of personal secrecy. Thus in long run, valuers have been able to come up with values per square foot/meter that can be used in various regions and give a reasonable value. Adjustments are made depending on various factors.

2. Investment Method: on the other hand is based on the expected future returns and its applicable where active investment market is available. Just like comparison method, investment method is limited due to lack of varied data.


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3. Cost Approach Method: this is where the property value is assessed based on the cost of buying the site and constructing the building. It is based on the reproduction/replacement value.

The above methods together with the above factors lead to the value of the property. It is important to note that the above methods can apply to the same property if the data was available. They however give varied values; experience and the knowledge of the existing property market are necessities for any property valuer to come up with appropriate value and not just the quantification and method of calculation. For Mumias‐Rangala‐Kisumu transmission line, the three methods were applied to come up with the estimate of the Resettlement value and 15% disturbance allowance included to cater for disturbance/movement of the affected people. The acquisition of land from private as outlined in the Acquisition Act cap 295 is as described as follows. Step 1: Formal request by the benefiting authority is made to the Commissioner of Lands indicating the purpose of the land to be acquired. The request should prove that the land is needed for public purpose. Step 2: The Commissioner will then forward the application to the Minister in charge of lands. If the minister is convinced that the land is required for public purpose, the Minister will write to the Commissioner to that effect, and directs the Commissioner to acquire the land (Section 6(1). Step 3: The Commissioner will then give “Notice of Intention” to acquire the land (section 6(2) in the “Kenya Gazette” side by side with the “Notice of Inquiry”. The public announcements will be made widely in standard mass communication avenues such as newspapers and on the radio. The “Notice of Intention” must mention the public body or the public purpose for which the land is to be acquired. The “Notice of Inquiry” must mention places and fixed dates when persons interested in the subject land are to submit their claims to the Commissioner of Lands or his appointee. Step 4: “Valuation Officer” also known as “Collector of compensation” according to Section 9 of the Act inspects the said land and value it for compensation. After the inquiry the Collector will issue an award depending on his own assessment and the representations of interested parties as submitted at the inquiry

Step 5: The award is issued in the prescribed form indicating the amount of compensation awarded while the statement form gives the landowners option of acceptance or rejection of


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the award. If the landowner accepts the award, the collector will issue a cheque in settlement together with a form. Step 6: “Notice of Taking Possession and Vesting” (section 19). The notice instructs the landowner to take his/her title for amendment or cancellation. It is copied to the Government Surveyor and the Land Registrar to make necessary changes to the affected deed. On the other hand, if the owner rejects the award, the collector deposits the money in court pending the former’s appeal. Compensation is based on open market value. Section 12 of Cap 295 allows for in‐kind compensation as follows:‐ Notwithstanding anything contained in the Government Lands Act, where the land is acquired for the Government, the Commissioner may agree with the person whom he has determined to be the proprietor of the land that person, instead of receiving an award, shall receive a grant of land, not exceeding in value the amount of compensation which the Commissioner considers would have been awarded, and upon the conclusion of the agreement that person shall, subject to section 18, be deemed conclusively to have been awarded and to have received all the compensation to which he is entitled in respect of his interest. An agreement under subsection (1) shall be recorded in the award.

6.2.4 Entitlement Matrix Table 3 indicates the entitlements for the different categories of PAPs.


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Table 3: Entitlement Matrix No Type of loss Entitled person Legal requirement Restorative

compensation 1 Land Owners of land

through customary or legal acquisitions

Compensation for the area of land affected at prevailing market rates –pay additional 15% disturbance allowance

Same as the legal requirement entitlement

2 Main structures(totally affected residential and commercial)

Owners of structures including Kiosks, and stalls in the project area who have no title declaration to the land and or other acceptable proof of ownership

Compensation of the entire structure at replacement cost as determined by valuation without deductions for salvaged building material. Provide relocation fee

Same as the legal entitlement

3 Crops/trees affected Owners Compensation of the affected trees at prevailing market rate for sugar cane plantation observe lease agreement entered between farmers and Mumias sugar company

Same as the legal entitlement Consult Mumias sugar company on conditions of breach of lease

4 Other fixed assets and or structures

Owners of fixed assets and structures

Compensation in cash for affected portion of the structure including cost of restoring the remaining structure as determined by valuation without deductions for salvage building materials


5 Electric lines and or water connections

Project affected persons with utility connections

Compensation to cover cost of restoring the facilities


6 Social amenities including water, electricity, roads, schools, churches, markets/trading centres and revegetation

Communities whose members are affected by the project

To be carried out as a corporate social responsibility

No legal entitlement but may be carried out in response to community requests


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7.0 RESETTLEMENT SITE 7.1 Method of Site Selection and Site Alternatives Method site selection was based on GPS data given to consultant by KPLC and alternatives were proposed by community members during public participation and were based on the size of their land mainly. Densely populated areas especially in Mumias District had minimum options in terms of resettlement due to existence of the flood prone Nzoia River. The community members would like that during selection of the resettlement site consideration should be taken on the livelihood losses they will incur as those around Mumias Town living in Shivale, Angola and Shitukumu will be delineated from the town thus they will lose their businesses and clientele base; those in the farming areas will lose income from sugar‐cane farms and others will lose jobs as causal labourers in the sugar‐cane plantations. Loss of business due to relocation will also be experienced in Kisumu East between Mamboleo and Kisian Hills.

7.2 Influx Management Influx management will be necessary to prevent land speculation or influx of illegible persons at the selected sites. The local administration and PIU will be responsible for development of measures to prevent the influx of ineligible person (encroachers and squatters) into the selected sites such as the identification and recording of affected people at the project identification stages;

7.3 Location of Resettlement Site Majority of the PAPs likely to lose their structures stated that if they were to choose their preferred area of resettlement, they would choose to be resettled in the same community or the same district. Identification of the area of resettling those affected should be conducted early enough and the host community should also be sensitized on the proposed move to enable them understand how this will affect them and ensure co‐existence of the host and the resettlers. It is advisable that during the sensitization of the host community the two parties should meet to enable initiate interactions. Alternatively the PAPs who are likely to lose their structures and still remain with sustainable land should be offered monetary compensation before hand to allow them time to construct their houses.

7.4 Resettlement Options The community members preferred to be resettled in the same community or with family members. The community members with large parcels of land generally had no problem with the project as the line will not affect them after installation as they could either move their houses to other areas on the farm or continue undertaking their activities if the houses are not affected. But those with small parcels of land mainly areas like Mumias where community members have large families, or areas where community members have been resettled severally like Angola, Shivale and, Shitukumu villages in Mumias Town and Kongony sub‐location in Kisumu East district would like special consideration during resettlement.

7.5 Resettlement Site Development (Infrastructure, Social Service, etc.) The proposed project will lead to loss and/or inaccessibility to residential and communal/social infrastructure (schools and churches), water sources and transport routes. Considering that majority of the people in the area has small farm lands and those relocated will have to purchase


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land elsewhere, KPLC will have to develop structures for them. Residents therefore envisioned to be compensated through construction of better houses and social facilities than those they currently owned or used. Where there is relocation to distant sites, KPLC will have to develop not only residential and communal infrastructures but also other facilities namely fresh water sources, communication, business structures, schools and travel infrastructures.

7.6 Livelihood Restoration It is proposed that all those that shall be affected by the project should be compensated to ensure that their livelihoods have improved or restored to the pre‐impact status. The main livelihood losses will include crops, trees, business and commercial properties among others. Livelihood restoration should therefore be inform of development of new shops, enhanced market linkages, provision of relocation assistance, training on skill development and capacity building on areas such as enterprise, job creation, agriculture, community participation and management, Health and Hygiene education and PAP’s empowerment.


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8.0 INCOME RESTORATION 8.1 Introduction Majority of the PAPs are farmers and small scale business owners. Livelihood restoration programmes will therefore target the two areas of improving agriculture and small scale business development as well as enhancement of income generating activities. The major assets for which compensation will be paid are:

i. Private houses and fences ii. Farm land (crop loss) iii. Private plantation (tree loss) iv. Grazing land (fodder loss) v. Public buildings and temporary loss to social services infrastructure;

8.2 Income Restoration and Improvement Component The household respondents proposed measures aimed at improving their living conditions included: KPLC to initiate income generating activities (13.9%), PAPs be provided with new agricultural plots (40%), training for self‐employment (3.6%) and getting loans or grants to jump start development in the area (49%).

i. Capital Support Funds for income restoration programs become a major constraint to the PAP utilizing their skill obtained/enhanced through Income Generating Activities (IGA) training. Capital support for potential IGAs to the trained and efficient target group people should therefore be provided from any source arranged by the development projects in the form of grant or credit. Technical and financial support may be received from financial institutions including micro‐finance institutions. At least capital support of Kshs. 100,000 can be allocated to each eligible person to enable them start the income generating activities. It is recommended that programmes for income replacers should be incorporated in the project especially for those who shall loose commercial properties. ii. Employment at Construction It is advisable that, local people whose livelihood is impacted by the project will get preference in jobs associated with the project construction. Female affected people should form labour contracting groups with the help of the PIU and be deployed by the contractor in simple excavations, bush clearing, revegitating programmes (e.g tree planting and watering). PAPS should get preferential employment in project civil works based on their eligibility in the semi‐skilled and unskilled category. A clause should be incorporated in the contract document requiring contractors to give employment, if available to PAPs having ID cards in preference to other persons.


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iii. Small business development. This will be accomplished through training in improved income‐generating covering such topics as selecting optimal business alternative, managerial training for businesses among others.

iv. Re‐establishing Common Property Resources (CPR) In addition to loss of personal properties and assets, the project will also have impacts on community structures. If required, the CPR will receive replacement value as stated in the entitlement matrix in (chapter 6 table 3) and as budgeted for in the RAP budget.The short‐term livelihood regeneration assistance under the RAP and long‐term income generation program under the Livelihood and Income Restoration Programme (LIRP) will be organized as follows:

Table 4: Livelihood Restoration Options No./S Vulnerable Group Action

1. Eligible members of poor households to be relocated from the project right of way

1.1 Short‐Term: Compensation for structure, shifting allowance, reconstruction assistance, alternative site cash assistance for loss of workdays due to relocation, and priority in employment in construction, employment referrals or priority in employment in project activities. 1.2 Long‐Term: Needs and Capacity identification, human development and skill training , institutional and credit (micro‐credit) support under the LIRP

2. Eligible members from poor female headed households having no adult male members to shoulder household responsibility

2.1 Short‐Term: In addition to support as in 1.1, additional subsistence allowance. 2.2 Long‐term: As 1.2 above.

3. Poor vulnerable employees of affected businesses

3.1 Short‐term: Subsistence for loss of income and employment 3.1 Long –term: As 1.2 Above

4. Eligible members of poor households losing access to commercial land including business proprietorship, urban agricultural land etc.

4.1 Short‐term: Compensation for loss of business income, shifting and reconstruction assistance, alternative site. 4.2 Long‐Term: As per need, credit support to be provided for strengthening business capital

5. Eligible members of poor households losing more than 10% of their plots

Short‐term: Replacement value of land, assistance for land purchase and employment in constructionLong‐term: As 1.2 above


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8.3 Land‐Based Component Income restoration for the land based component through agricultural improvement will be accomplished through training in improved crop varieties, fertilization, and post harvest grain conservation; Provision of fertilizers and improved seeds, Extension services and related monitoring.

8.4 Non‐farm Component The Mitigation of adverse impacts at the community level include acquisition of sections or whole parcels of land from about 859 households in settlement, farming and commercial blocks, transfer of stress to vulnerable groups who include the elderly (61‐70 years old) and female headed households, loss of trees, loss of rental revenue, loss of communal facilities (churches, schools and hand dug wells), loss of undeveloped residential and commercial plots and the spread of HIV/AIDS. Project proponent should create awareness on the process of land acquisition and resettlement to the PAPs to allow psychological preparedness of the whole process.

8.5 Compensation Preferences All discussions conducted with focus groups and sector offices have revealed that the general preference for compensation is for financial reimbursement for lost or damaged assets. Where land‐for‐land compensation is often not possible, financial restitution is the only option available.


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9.0 IMPLEMENTATION ARRANGEMENTS

9.1 Organization Structure Land acquisition, resettlement and management is usually a major issue in the project implementation process and these calls for an appropriate institutional framework for all concerned parties including the client. It is always important to ensure timely establishment and effective functioning of appropriate organizations mandated and is capable to plan and implement land acquisition, compensation, relocation, income and livelihood restoration programs. The organizational structure or the institutional capability should be elaborate on 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 process.

9.2 KPLC Resettlement Unit KPLC will put in place a Project Implementing Unit (PIU) dedicated to the implementation of this RAP, under the leadership of a RAP manager. The aim of this unit is to involve other key stakeholders and institutions who will play collective roles in implementation of the Resettlement Action Plan including land acquisition, award of compensation and resettlement for the project. This unit will comprise the following; Legal Advisor, Way‐Leave Officer, Land Valuer, Accountant, Environmentalist and a socio economist. Further, KPLC should vote in adequate resources for implementing the RAP as outlined in the budget.

9.3 Local RAP PAP Committee The local Resettlement Action Plan for Project Affected Persons Committee will be formed under the guidance and coordination of PIU. It will be formed two to three weeks after the formation of the PIU and will act as the voice of the PAPs. Each district will form its own PAPC. The committee shall comprise of the following:

• Government officials such as (NEMA, housing, lands, agriculture among others)

• PAPs Representatives – to be appointed by PAPs.

• Provincial administration

• KPLC representative

• Interested NGOs/CBOs representatives The PAPC shall have a Chairperson and a Secretary appointed or elected by PAPs. The chairperson ought to be from the local area. The roles of PAPC will include:

i. Conducting extensive Public Awareness and consultations with the affected people so that they can air their concerns, interests and grievances. This consultation will ensure that they own up the whole process of resettlement so that they do not oppose the implementation of the project.

ii. Ratifying compensation rates and resolving disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate grievance procedures laid out in this RAP.

iii. Over see resettlement process iv. Ensure efficiency of resettlement


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v. Ensure employment (for those who cannot find alternative employment) and, conduct training and counseling the PAPs both socially and economically.

9.4 Capacity of KPLC Resettlement Unit The capacity and commitment of KPLC resettlement institution to implement the RAP has been assessed. Strengthening of the institutions should be considered if necessary.


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10. IMPLEMENTATION SCHEDULE AND THE RAP BUDGET

10.1 Implementation Schedule The responsibility for the RAP implementation will lie with the PIU. It is anticipated that the PAP’s will be resettled as agreed before commencement of the rehabilitation project. An implementation schedule namely Resettlement Action Plan Activity Schedule covering all resettlement activities from project preparation through implementation to monitoring and evaluation indicating dates for achievement of expected benefits to resettled persons and hosts and dates for terminating the various forms of assistance is shown in the appendix 4.

10.2 The RAP Budget The RAP budget is estimated to cost Kenya Shillings five hundred and eighty seven million, seven hundred and three thousand, seven hundred and fifty four and fifty one cents. (Ksh. 587,703,754.51). The figure gives estimates for the following activities: compensation for lost property and services, costs of professional services including project management, capacity building of PAPs and monitoring services. Based on the valuation principles discussed in chapter six the consulting team came up with the following cost estimates to be used in computing the compensation costs for PAP. The cost estimates for the total value of land to be acquired is Kenya Shillings Three Hundred and Thirty Nine Million, Five Hundred and Seventy Six Thousand, Seven hundred and Seventy Four Only (Ksh. 339,576,774) while built structures are estimated to cost about Kenya Shillings One Hundred and Ten, Million, Two Hundred and Fifty Nine Thousand, Two Hundred (Ksh. 110,259, 200). The figures were calculated based on the land values of the different locations found within the project. A detail of the cost estimates for the loss incurred by each PAP is found under Appendix 1. 15% disturbance allowance is legally added to the declared value as stated by Compulsory acquisition Act. This is supposed to cater for economic, social and physical disturbance caused to a PAP who is required to relocate from areas they had gotten used to and sometimes lose their livelihood. The costs are shown in table 5 and 6

Table 5: Cost Estimates for lost Property

District

Total costs of land

Total costs of trees

Total costsof structures

Total costof crops

TOTALS

Mumias 98660371.15 100,800 47,443,200 24665092.79 170,869,464

Ugenya 61269927.6 96,000 24,972,800 15317481.9 101,656,210

Gem 110854002 30,000 15,859,200 11117276.1 137,860,478

Emuhaya 16308600 2400 2352000 815430 19,478,430

Kisumu North 34913750.4 593,600 12,785,600 4,257,497 56,807,944

Kisumu East 17570123.57 147,305 6,846,400 1,104,300 26,772,428.

Totals 339,576,774.00 970,105 110,259,200 57,277,078 513,444,954.


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Table 6: Cost disturbance Allowances and Livelihood Restoration Programmes

Categories Unit Quantity Unit Price Ksh.

Compensation Cost Ksh.

Compensation moving expenses and allowance‐Transport Assistance to Resettlers

No. 624 30,000 18,720,000

Compensation to business No. 12*4 6,000 288,000

Compensation Skill development and capacity building

Health and Hygiene education

5,000,000

Agriculture 5,000,000

Enterprise training and job creation

1,000,000

Community participation and management

5,000,000

PAPs empowerment 5,000,000

Sub‐Total 1 40,008,000

Professional Services Key Stakeholders Allowances

Days 60*12*6 5,000 21,600,000

Monitoring and Evaluation Unit

No. 6*3 300,000 5,400,000

Completions Audit No. 1 Lump 500,000

Sub‐Total 2 27,500,000

Sub‐Total (1+2+) 67,508,000

Inflation 5% 3,375400

Unmeasured Items at 5% 3,375400

Total Disturbance Allowance 74,258,800

GRAND TOTAL FOR RAP 587,703,754.


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11.0 PARTICIPATION AND CONSULTATION

11.1 Policy of participation and consultation

A community engagement plan should be developed and implemented as a continuous process to allow stakeholders participate in meaningful consultations on the proposed project and its associated impacts. The concerns and aspirations presented should be addressed and fed back to the community members so as to have an effective information exchange procedure which will also play a major role in monitoring implementation of RAP.

The Principles of community engagement should ensure that:

• All stakeholders must be consulted and be effectively involved in a two‐way communication with the project proponents. Special efforts should be made to consult with women and vulnerable communities.

• The RAP should include an explicit public information strategy. This should include the use of provincial administration to advise the dates and times of public meetings, availability of documents, selection criteria, cut‐off dates, and compensation.

• The consultation should be preceded by providing all the relevant and accurate information. • All relevant information should be disclosed by the proponent to affected persons and

communities, including host communities and they should be involved in decision‐making processes related to resettlement. These disclosure and consultations should continue during the implementation and monitoring of compensation payment and resettlement to achieve outcomes that are consistent with the objectives of the OP 4.12.

• That consultation with different stakeholders is undertaken through a language and medium they are comfortable with; and in areas where the stakeholder is not comfortable with the language or do not easily understand the information relied, proponent (KPLC) shall take responsibility for simplifying and ensuring that the whole process is understood by the PAPs, using appropriate methods of communication.

• There are specific and transparent mechanism for the recording of grievances and their timely resolution. KPLC should make every effort to resolve grievances at the community level without impeding access to any judicial or administrative remedies that may be available.

• Where affected population do not have land titles, cadastral surveys will have to be undertaken to establish the basis for compensation and procedures should be established to regularize and recognize claims to land, including claims that derive from customary law and traditional usage.

• Clear communication of responsibility and accountability procedures, personnel and resource availability for effective implementation of plan shall be put in place.

• A schedule should be prepared and disseminated in appropriate places within the footprint of the project detailing the time, place for consultation and contact details of the lead person.


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11.2 Interviews and Group Discussions The resettlement exercise often leads to the dislocation of kinship groups, reduction in livelihood standards of the PAPs and might also affect the host community residing where the PAPs shall be resettled. The participation of stakeholders in the planning and execution of the RAP can cushion the PAPs against adverse project impacts and thus promote its acceptability. The local community members took part in the preparation of this RAP by attending public forum and, participating in interviews held in the project area and by filling pre‐defined questionnaires, discussing pressing issues with the project team consisting of land valuer, land surveyor, socio‐expert and environmental experts. Information exchange enables the resettlement team and the PAPs evaluate the project impacts and develop mitigation measures in an amicable manner. Key issues likely to arise during discussions are: identification of alternatives to avoid or minimize displacement; provision of assistance in inventory and assessment of losses; provision of assistance in developing alternative options for relocation and income restoration; identification of relocation sites for displaced households and businesses; types of entitlement and, process and, period of award and, identification of likely conflict during and after resettlement. Several stakeholders and community public meetings were held in the project area and the consultants explained to the community members the details of the proposed project and areas it is likely to traverse. The public forum attendants were then asked to air their concerns and expectations regarding the project. Generally, many had heard about the project and were anxious about it but their main concern was how they will be compensated for their lost property and how the project will be maintained sustainably during the operation phase to avoid accidents and other health impacts associated with the project area. A household census and socio‐economic survey was conducted from the 7th October 2009 to 11th November 2009 and follow‐up meetings held from 18th ‐24th May 2010 in the entire project area. The census finding indicated at least 859 households will be affected by the project and this will include residential and four commercial outlets. The survey identified the PAPs in terms of gender, age, educational levels, type of occupation, their opinion on the project, including alternatives to be considered and their preference for resettlement among other socio‐economic parameters. Other data collected included identification of direct and indirect impacts on the people including impacts on physical infrastructure and economical activities.

The socio‐economic survey enabled the consultants collect the following details:

• Name and family details • Demographic information on social classification, education and occupation of each family

member • Skill base/ education level for each member


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• Total family income (from all sources) • Details of land ownership and extent of land loss due to the land acquisition/ negotiation.

(Actual land ownership, and not only in terms of land records) • Details of income loss due to loss of land (from agriculture, plantation, labour and

sharecropping). • Details of any structure or asset on the impacted land • Identification of vulnerability (women‐headed household, family with physically and

mentally challenged members, family with aged members, family with income below poverty line and family losing more than the economic threshold of their land through acquisition/ negotiation)

11.3 Project affected persons involvement The community members should be involved in the implementation of the RAP through intensive consultative meetings which should be held at the project level. The agenda of the RAP should be clearly stated out and written statements should be provided to the PAPs and should be written in a language understood by the PAPs or written in simple English. The PAPs in the project area are aware of the need of having a group to take care of their interests during resettlement. This will be done by the PAPC. It is recommended that the representatives should attend all RAP related meetings held by the PIU. To avoid imposing leaders on the community members during RAP implementation, during the public consultation for preparing this RAP, the project consultants asked the community members to discuss among themselves and choose representatives of their choice. The consultants further advised the community members to take group a step higher by legally registering it as an official organization so that it can look at all future development issues involving the community members. The community members took the advice seriously and stated that by the time the RAP will be implemented the committee will be in place. The main function of the PAPC will therefore be the following:

• Assist in the mobilization and sensitization of the PAPs;

• Provide input into the PAPC and PIU meetings; and

• Participate in resolving grievances.


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12.0 MONITORING AND SUPERVISION

12.1 RAP Monitoring Framework Monitoring and evaluation of the RAP will be carried out during the whole process of land acquisition and resettlement, including rehabilitation activities, to ensure successful implementation of the RAP. The monitoring and evaluation involves both the internal and external monitoring.

12.2 Internal monitoring Internal monitoring will be conducted by the PIU as well as by the PAPC. Monitoring will be done on a continuous basis to ensure that all responsible implementing agencies follow the schedule and comply with the principles of the RAP. The PIU will develop an internal monitoring framework to supervise the resettlement activities. The PIU will maintain the basic database of land acquisition, house relocation and resettlement. It will monitor all of the relocated households, and be in charge of the whole process of resettlement preparation and implementation. Performance monitoring will be conducted to assess the efficiency with which the RAP activities have been implemented. It will include environmental audit. Impact monitoring will be conducted to assess the change in living standards of PAPs e.g. whether the RAP is effective in maintaining or restoring PAPs livelihoods, especially the vulnerable groups e.g housing conditions, access to basic amenities and infrastructure among others.

12.3 Monitoring indicators These indicators will facilitate monitoring of resettlement performance based on set timelines as per the RAP. Monitoring and evaluation will assist in ensuring that compensation measures are correct, all eligible persons have received their entitlements and that implementation of the RAP is proceeding well. A list of indicators will include those indicated in table 6:

Table7: Monitoring Indicators Subject Indicator VariableLand Acquisition of land • Area of cultivation land acquired for the transmission line

• Area of communal, government or private land acquired for transmission line developments

Buildings/ Structures Acquisition of buildings • Number, type and size of private buildings acquired (residential and commercial)

• Number, type and size of community buildings acquired • Number, type and size of government buildings acquired

Acquisition of other structures

• Number, type and size of other private structures acquired • Number, type and size of other community structures acquired

Trees and Crops Acquisition of trees • Number and type of trees cutDestruction of crops • Crops cleared by area, type and ownership

Compensation, Re‐establishment and Rehabilitation

Compensation and re‐establishment of affected owners/individuals

• Number of households affected (buildings, land, trees, crops)

• Number of owners compensated by type of loss • Number of replacement houses constructed • Size, construction, durability and environmental suitability of replaced houses

• Access to water and sanitation


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Re‐establishment of community resources

• Number of community buildings replaced • Number, type of plants lost • Number of seedlings supplied by type • Number of trees planted

Hazards and Disturbances

Introduction of nuisance factors

• Number of homesteads affected by hazards and disturbances from construction (noise levels)

Social/ Demographic Changes to homestead structure

• Changes in community ties experienced • Changes in safety nets experienced

Population migration • Residential status of homestead members • PAPs relocated

Changes to access • Distance/travel time to nearest school, health centre, church, shop, village

Changes to health status • Access to health care services (distance to nearest facility, cost of services, quality of services)

• Utilization of health care services • Disease prevention strategies • Extent of educational programmes • Latrine provision at schools (school child population per VIP on site)

Changes to educational status

• School attendance rates (age, gender) • Number, type of educational establishments

Social/ Demographic (continued)

Changes to status of women

• Participation in training programmes • Use of credit facilities • Landholding status • Participation in KPLC‐related activities and enterprises

Homestead earning capacity

• Employment status of economically active members• Changes to income‐earning activities (agriculture) – pre‐ and post disturbance

• Changes to income‐earning activities (off‐farm) – pre‐ and post project

• Amount and balance of income and expenditure • Possession of consumer durables • Realization of homestead income restoration plans (components implemented, net income achieved)

• Access to income‐generating natural resource base (wood, grass, sand, stones)

Changes in social organization

• Organizational membership of homestead members• Leadership positions held by homestead members

Population influx • Growth in number and size of settlements, formal and informal

• Growth in market areas Consultation Consultation programme

operation • Number of local committees established • Number and dates of local committee meetings • Type of issues raised at local committees meetings • Involvement of local committees in the development planning

Grievances resolved • Number of grievances registered, by type • Number of grievances resolved • Number of cases referred to court

Capacity building Training programme • Number of people trained in income generating activities• Number of affected population trained in Project‐related training courses

Management Staffing • Number of persons in PAPC by gender and roles • Number of GoK ministry officials available

Procedures in operation • Effectiveness of compensation delivery system • Number of land transfers effected • Co‐ordination between local community structures and GoK officials


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12.4 Monitoring process During the RAP implementation, monitoring will be conducted on a continuous basis by the PIU who will collect and record the information of resettlement activities and submit the monitoring reports, on timely basis. In the overall internal monitoring framework, there will be continuous information circulation from the village level through to the PIU Office.

12.5 External monitoring External resettlement monitoring will be conducted by an External consultant who shall be engaged by the KPLC. External monitoring will be in two phase namely compliance monitoring and impact evaluation. The overall objective of the external consultant will be to carry out the following:

• Review the results of the internal monitoring and review overall compliance with the RAP;

• Assess whether relocation objectives have been met especially with regard to housing, living standards, compensation levels, etc;

• Assess general efficiency of relocation and formulate lessons for future guidance; and

12.6 Agency responsibilities The monitoring responsibilities of the PIU (KPLC) during the RAP implementation will be as follows:

• Set up the resettlement office, train resettlement staff to be involved in RAP implementation.

• Train the PAPC on areas to monitor provide guidance in the implementation of the RAP.

• Conduct monitoring


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13.0 GRIEVANCE AND APPEALS

13.1 Subject matter of grievance Grievance redress mechanisms are essential tools for facilitating PAPs to voice their concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are fundamental to achieving transparency in the acquisition and resettlement processes.

The key grievance subject matters likely to arise in case of resettlement of the Mumias‐Rangala‐Kisumu transmission line include, advance provision of timeframe for relocation; values for land, building and plants; ownership rights and; resettlement assistance, relocation as well as disturbance and compensation of livelihoods. These grievances necessitate the setting up of an independent grievance and appeals committee to address the grievance for the PAPs.

13.2 Method of lodging complaints Complaints will be launched through either one or combination of the following methods:

• Filling a specifically pre‐designed complaint form and appending the PAPs signature and formally submitting it to the Grievance Redress Committee (GRC) office; or

• Widely disseminating, through consultative forums.

13.3 Proposed procedure It is for the benefit of both the Client and the PAPs to devise a procedures and mechanisms through which complaints and disagreements can be resolved. All complaints from the PAPs received in writing or verbally by the will be documented. A copy will be maintained by the GRC. The specific terms of reference for the GRC will include settling, monitoring and facilitating effective and timely dispute resolution thereby reducing the risk of escalation of conflicts and avoiding unnecessary delays. The proposed step‐by‐step procedures of Grievances Referral and Redress incase of Mumias‐Rangala‐Kisumu transmission RAP are:

Step 1 PAPs are informed of their losses and entitlement in writing and through personal contact by the PIU. Step 2 If satisfied, the PAP claims resettlement payment from the PIU. If dissatisfied or the PAP do not clearly understand the entitlement/any aspect of the resettlement plan, s/he approaches the PIU for clarification through PAPC. The PIU makes a note and explains the unclear issues to the PAP according to the RAP. If the issue(s) are resolved, the PAP collects the payment from the PIU. If not solved PAP moves to step 3

Step 3 The PAP writes up or a fills a complaint’s form appended with his signature formally to the GRC at their office. The GRC holds a session with the aggrieved PAP, minutes recorded and duly signed. If


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resolved, the PIU approves and the PAP collects his/her entitlements. The PIU has 2 weeks from submission to hold a session with the PAP.

Step 4 If necessary, the Project Affected People Committees (PAPC) will be asked to provide recommendations as to how the grievance is to be addressed. If deemed necessary by the PAP committee the case will be re‐investigated and, depending on the nature of the issue or referred to the a court of law for settlement

A schematic diagram of the grievance redress is represented in the following figure.

Figure 3: Grievance Redress Procedure

Public grievance form is attached in Appendix 5

Legal Action

Grievances Resolved

Grievances Resolved

GRC hears grievances and Rules ‐2 weeks from submission date to respond

Affected Party declares a

grievance and forwards it to GRC

PADC hears the grievances

And the n pass it to PIU

No Further Action

No Further Action


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14.0 RECOMMEDATIONS AND CONCLUSIONS

14.1 Conclusions The proposed project is important for the development of the economy in the project area and the country as a whole. However, it is likely to result in loss of property and displacement of a number of PAPs. While the overall objective of the project is noble, its positive impacts can be enhanced by ensuring that the identified PAPs are adequately compensated with the aim of improving or restoring their livelihoods to the pre‐impact standards. To achieve this, the implementing agency (KPLC) should ensure that RAP programmes are adequately implemented.

14.2 Recommendations PAPs livelihoods and economic activities will be affected as a result of implementation of the proposed project both during and after relocation. Therefore, efforts must be made to enhance restoration of the PAPs livelihoods by ensuring minimal shock as well as fast recovery and eventual realization of stability through successful implementation of the following RAP recommendations: Continuous public consultation should be conducted in the project area and the PAPs made aware of the RAP schedule in adequate time. The RAP schedule should include all key RAP activities including: formation of coordination and implementation committees, monitoring and evaluation, income and livelihood restoration, assistance to vulnerable groups, development of inter‐agency committees, grievance referral and redress mechanism among others. The consultants have proposed a compensation schedule as shown on Appendix 4 of this report that should be presented to the PAPs for ratification. All payments should be made before demolition commences. Compensation packages and other resettlement measures should ensure that each category of eligible displaced persons get their fair compensation and this should be done in conformity with the World Bank Operational Policy (OP.4.12 of Dec 2001) which states that the displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre‐displacement levels or to levels prevailing prior to the start of project implementation whichever is higher. Compensation for structures should include the full cost of materials, transport and labour required for reconstructing buildings of similar surface and standing. So as to enable the affected person to comfortably rebuilt their structures in a different location using compensation paid ;depreciation of property value should not be taken into account while calculating the cost of affected structures; and the vulnerable PAPs including the elderly and single parent headed families should be given special considerations during resettlement especially for those who can’t read or have health problems. Thus the appointed implementing agent should ensure they understand the process and they get all the necessary help they require; such that for example, affected persons should be exempted from all administrative and legal fees incurred through the grievance redress procedures. Finally, Monitoring procedures should be developed and appropriate laws enforced in regards to encroachment into and along the transmission line to reduce future encroachment by the public.


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REFERENCES 1. Kenya Gazette supplement Acts 2000, Environmental Management and Coordination

Act Number 8 of 1999. Government Printer, Nairobi 2. Kenya Gazette Supplement Acts Land Planning Act (Cap. 303) Government Printer,

Nairobi 3. Kenya Gazette Supplement Acts Local Authority Act (Cap. 265) Government Printer 4. Kenya Gazette Supplement Acts Physical Planning Act, 1999 Government printer,

Nairobi 5. Kenya Gazette supplement Acts the Arbitration Act (2000); government printer, Nairobi. 6. Kenya Gazette supplement Acts The Electricity Supply Line Act (Cap 315)

(2002);government printer, Nairobi. 7. Kenya Gazette supplement Acts the Land Acquisition Act (Cap 295) government printer,

Nairobi. 8. Kenya Gazette supplement Acts The Land Acquisition Act (Cap Cap 288 ‐Trustland)

government printer, Nairobi. 9. Kenya Gazette supplements Acts The Public Roads and Roads of Access Act (Cap 399)

government printer, Nairobi. 10. Kenya Gazette supplement Acts the Water Act (2002); government printer, Nairobi. 11. Kenya Gazette supplement Acts The Wayleave Act (Cap 292) );government printer,

Nairobi. 12. Kenya Gazette supplement Acts the Wildlife Conservation and Management Act (1998);

government printer, Nairobi. 13. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit

Regulations 2003. Government printer, Nairobi 14. The World Bank Safeguard Policies, 2005 15. District Development Plans


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APPENDIX


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Appendix 1: List of Affected PAPs indicating their names and lost property


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Appendix 2: Household Questionnaires ESIA / RAP SocioEconomic Survey I SURVEY SAMPLE QUESTIONNAIRE IDENTIFICATION

i. Survey Control Number

ii. Date of Interview:

iii. Place of Interview:

iv. Name of Interviewer:

v. Checked by Supervisor:

II BASIC PROFILE OF PAPs

A. Name of Interviewee:

B. Physical Address of the Interviewee i. Division:

ii. Location:

iii. Sub‐location:

iv. Village:

v. Plot No: vi. Others vii. Mob. No. viii. Address

C. 1.Relation to Head of Family (Choose one)

i.)Myself ii) Wife iii) Child iv) Parents v) Other (Specify)

2.How Many Years have you been living here?

3.Is there any tenant in this house? If yes, number of tenants?

4.How many years has/have the tenants (s) resided?

(For Illegal occupant only) 5.How long are you planning to live here (in years)?

D. Profile of Head of Family

1.Name of head of Family

2.Gender: Sex 1. Male, 2. Female

3.Age

4.Marital Status: Married [ ] Unmarried, [ ] Widow [ ] Widower[ ].

5.What is the highest educational level you attained?i) None [ ]ii). Primary does not read [ ]iii). Primary reads [ ]iv) Secondary & higher [ ]

6.What other skills did you learn after School?

7.List any employment jobs you have undertaken up to date

8.No. of dependents Wife(ves)‐‐‐‐‐‐‐‐‐‐‐‐Children( below18)………… Children( above18)……..

9.What is the educational level of the children?


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(a) Below18 No. b) Above 18 No. i). None [ ]ii) Primary [ ]iii)Secondary[ ]iv) Tertiary colleges & higher [ ] v) University [ ] vi) Others [ ]

10.What other skills did each learn after School?

11.Religion (choose one) i)Christian; ii). Muslim; iii). Hindu; iv). Buddhist; v). Other (specify‐‐‐‐‐)

12.Occupation (Choose all that apply)i)Government / Public Sector ii)Private Sector (employer) iii)Self‐Employed (specify) iv)Farmer v)Casual Labour vi)Unemployed;

vii)Others (Specify)

13.Total Number of family Members (including infants and children)

14.List the family structures

15.Describe Social structures

16.Total Number of household in one house, record 2)(e.g if there are 2 households in one (your) structure

E.Resettlement 1.No. of affected persons 2.No. of people to be resettled 3.List of alternatives considered to avoid or minimize resettlement 4.Resettlement impacts 5.preliminary resettlement options

F.Institutions Present 1.List the institutions and Development Agencies in the area

i. …………………………… ii. ……………………………. iii. ………………………….. iv. …………………………….

2.Indicate different roles of institutions in regard to: i. Use and access to credit ii. Use and access to marketing services iii. Use and access to commercial inputs

3.Household level institutional structure i)Nuclear family


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ii)Polygamous family iii)Extended family 4.Information about how collective decisions are made at household and at local institutions

G.Gender & Cross cutting i.e. 1.Key gender differentials 2.Gender roles 3.Community participation i.e. attendance to meetings 4.Other special cross cutting issues 5.Sources of income along desegregated gender lines 6.Formal/informal use of natural resources 7.Domestic functions 8.Vulnerability to resettlement 9.Female‐headed households 10.Registration of property titles 11.Opportunities for income generation on resettlement

H.Income 1.Existing social‐economic activities 2.Income sources and Poverty levels (the full resource base of the affected) 3.Proposed measures to restore or improve incomes and living standards 4.Household income/expenditures (including income derived from the informal sector and from common property); 5.Skills 6.Employment and allocation of labor 7.Labour force and economic occupation 8.Opportunities for income generation on resettlement 9.Type of livelihood (subsistence, commercial or both) 10Gender roles in generation of household income

I.Assets 1.Types of assets i.e. land and livestock, equipment, buildings 2.Ownership of assets 3.Registration of property titles

4.What properties do you have inclusive the land itself? ‐Details of the properties; 5.Are the properties within the wayleave? 6.What is the value of your property? 7.On what do you base the value of your property i. Market Value ii. Property on Land iii. Others

J.Infrastructure , Public amenities communication 1.Transport in project area


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2.Communication mode 3.Water supply 4.Bridges 5.Power network

Distance from resources Source 6.How far is the your home/household from the amenities? a)Under 1KM……………..1

b)Over 1 KM……………….2

K.Sources of energy1.Differentiate energy sources 2.Cost of the energy: How much will you be willing to pay for electricity monthly if supplied in your area…………………………. 3.In what mode are you willing to pay for the electricity meter?

1. In full 2.In installments 3.other modes specify 4.Availability of the sources

i)Power Line ii)Generator (Private) iii)Generator (Common) iv)Car Battery v)Solar Energy

vi)Other (Specify)

L. 1.Cultural issues; 2.Traditional belief system with regard to gender, resource ownership and utilization

M.Land 1.Land ownership and settlement patterns; 2.Land size, 3. Type of land ( Public, commercial, communal), 4.Distribution of land within family/ community level 5.Types of tenure

6.nventory of affected assets

Resettlement

• No. of people to be resettled • List of alternatives considered to avoid or minimize resettlement

• Resettlement impacts preliminary resettlement options

N.Health 1.Type of Health facilities in the area 2.Common diseases, causes and preventive measurers 3.HIV/AIDS prevalence in the area 4.Health Risks

O.Impacts


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1.List the potential Impacts of the Project oni. Households:…………………………. ii. Families:…………………………… iii. Communities …………………………. iv. Others…………………………………….

2.Social dynamics that is likely to hinder or facilitate the effectiveness of resettlement‐related options.

3.Potential adverse impacts on vulnerable groups.

4.Risks presented by the project and the vulnerable groups likely to be affected

5.The needs and demands of affected persons

6.Risks presented by the project to the vulnerable groups

P. Resettlement Preference 1.Where could you like to resettle? (Choose one)

i)In the same community area ii)In the same district iii)The resettlement location does not matter iv)Others (specify)

2.Which way do you prefer to resettle?i)Resettling with community members ii)Resettling without community members

(For those whose livelihood and income sources are to be affected) 3.In case you are to be displaced by the project, what would be your choice? (choose applicable, but not inconsistent)

i)Provision of new agricultural plot ii)Provision of new plots/assets for economic activities (e.g. shop, workshop, office, etc) iii)Training for self employment iv)Cash grant equivalent to loss v)Others (specify)

4.What kind of assistance regarding resettlement and rehabilitation do you request/suggest for the Project Implementation Authority?


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Appendix 3: Locations where socioeconomic survey and household census were undertaken

Group Number

Date Area

I 20/10/2009

Matora village, Buchifi sub‐location Buchifi location, South Wanga Division in Mumias District

21/10/2009 Buchifi, Emaunga, Buyole villages in Buchifi sub‐location Buchifi location, South Wanga Division in Mumias District ‐Masinjira sub‐location

22/10/2009 Buchifi and Emukanga villages

II 20/10/2009 Bukhweso village in Masinjira sub‐location, Buchifi location

21/10/2009 Mundindi village in Masinjira sub‐location, Buchifi location ‐ Ebuyenjere, Mushechere, Khushipare villages in Bukaya sub‐location, Itenje location

22/10/2009 Kit Luiyo, Lukongo Bukaya sub‐location, Itenje location

23/10/2009

Kulumuayo, Bumala, Buhkwayo in Madungu‐Sub‐location , Uholo East location

III 21/10/2009 ‐Madungu and Simerro

22/10/2009 Madungu, Ugolwe, Simerro and Rangala

23/10/2009 Simerro and Simenya

IV 20/10/2009 ‐Shivale village, Nabongo location ,Mumias Division

21/10/2009 Angola village, Township sub‐location, Nabongo location , Mumias Division ‐Shitukumi Township sub‐location, Nabongo location

22/10/2009 Nyakwakwa, Lureko, Edokho A&B villages, Lureko sub‐location , Nabongo location, Mumias Division

23/10/2009 Yala

22‐23/10/2009

Kanyakwar


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Appendix 4: Resettlement Action Plan Activity Schedule Implementation activities

Period in months

Sept ‘10

Oct Nov Dec Jan’11 Feb Mar April May June July Aug

Formation of PIU

PIU meeting

Verification of census data

Valuation of assets and confirmation

Sharing of RAP

Payment of compensation

Land purchase for resettlement

Construction on resettlement site

Relocation

Income restoration programmes

Internal Monitoring

External monitoring After the project has been implemented

Reporting


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Appendix 5: Resettlement Action Plan Public Grievance Form RAP Reference No.

Full Name Contact Information Address: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Please mark how you wish to be contacted

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

(mail, telephone, e‐mail) Telephone:‐___________________________________ Email‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Preferred Language for English Communication(Please mark how you wish to be contacted)

Kiswahili

National Identity Number Where did it happen? Who did it happen to? What is the result of the problem Date of Incident/ Grievance One time incident/ grievance( date‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐) Happened more than once (How many times‐‐‐‐‐‐‐‐) Ongoing (Currently experiencing problem………….) What would you like see happen to solve the problem? Signature: Date: Please return this form to: