NORTHERN COLLECTOR TUNNEL PHASE 1
RESETTLEMENT ACTION PLAN (RAP)
FINAL REPORT
CONTENTS
ChapterDescriptionPage
EXECUTIVE SUMMARYi
1INTRODUCTION
1.1Project Location
1.2Project components necessitating resettlement
1.2.1Description of the Project Components
1.2.2Land take for above Ground Structures
1.2.3Land take for the Tunnel
(a)Right of Way for the Northern Collector Tunnel
(b)Restriction of Land Uses above the Tunnel
(c)Literature Review on the Impact of Tunnelling
(d)Recommendations under the ESIA and RAP study
1.2.4Temporary Land Acquisition for the Construction Phase
1.3Objectives of the RAP
1.4Cut-off dates for eligibility for compensation
1.5RAP Study Methodology
1.5.1Desk study
1.5.2Field Work Preparation Activities
1.5.3Determination of the Project Footprint
1.5.4Transect Walks
1.5.5Community Sensitisation Meetings
1.5.6Household Survey
1.5.7Key informant interviews
1.5.8Land and Asset Valuation
2POLICY AND LEGAL FRAMEWORK
2.1Policy Framework
2.1.1National Land Policy
2.1.2World Bank Operational Policy on Involuntary Resettlement-O P 4.12
2.1.3World Bank Policy on Gender and Development -O P 4.20
2.2Legal Framework
2.2.1The Constitution of Kenya
2.2.2The National Land Commissions Act 2012
2.2.3The Land Act 2012
(a)Principles and values to guide Land management and administration
(b)Compensation in respect to Public Right of Way
(c)Acquisition of Private Land for Public Use
(d)Land transfers
(e)Transmission of land ownership upon death
2.2.4Land Acts Repealed by the Land Act 2012
2.2.5The Land Registration Act 2012
2.2.6Land Acts Repealed by the Land Registration Act 2012
2.2.7The Land and Environment Court Act 2011
2.2.8The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012
2.2.9Trust Land Act
2.3Highlights of Legal and Policy Review
3SOCIO-ECONOMIC PROFILE OF THE PAPs
3.1Background
3.2Administrative boundaries
3.3Population Size and Composition
3.3.1Population among the PAPs
3.3.2Characteristics of the PAP Household Heads
3.3.3Affected Institutions
3.3.4Religion
3.4Land Tenure and Land Use
3.4.1Background
3.4.2Land tenure among the PAPs
3.4.3Economic Value of Land among the PAPs
3.4.4Social Value of Land among the PAPs
3.5Economic Activities
3.5.1PAP Household Income Sources
3.6Housing Characteristics
3.7Education
3.7.1Background
3.7.2Population currently in school
3.7.3Education level for HH heads and spouses
3.8Water Supply
3.8.1Water usage
3.8.2Water treatment
3.9Sanitation
3.10Health
3.10.1Medical facilities
3.11Energy sources
3.12Access Roads
3.13Gender issues
3.14Project Awareness and Support
3.14.1Project support
3.15Social Problems in the Project Area
4PUBLIC CONSULTATIONS AND DISCLOSURE
4.1General
4.1.1Objectives of the Public Consultation during the RAP Study
4.2Stakeholder Identification
4.3Previous Consultations
4.3.1Stakeholder Consultations at Scoping Stage
4.3.2Summary of issues
4.4Stakeholder Engagement
4.4.1Consultations during the ESIA and RAP Study
4.5Summary of Stakeholders Comments
4.6Consultations with Project Beneficiaries
4.7Focus Group Discussions
4.7.1Land Ownership in the area
4.7.2Social impacts of compensation
4.7.3Youth Groups in the project area
4.7.4Gender roles
4.7.5Community perception of economic ability
4.7.6Grave sites
4.7.7Cultural sites in the area
4.8Comments from Community Sensitisation Meetings
(a)Grievance mechanisms during and after Compensation
(b)Dumping of Spoil on People’s Land
(c)Possible earth movement and faults
(d)Interruption of school activities
(e)Possible minerals underground
(f)Relocation
(g)Transparency in Compensation Payment
(h)Absentee PAPs
(i)Possible flooding/ damage due to excess water
(j)Land use and acquisition of the wayleave above the Tunnel
(k)Cut- Off dates
(l)Direct benefits from the NCT-Phase 1
(m)Support for Aberdare Forest Conservation Initiatives
(n)Concerns on Sharing of Project Benefits
4.9Preferred Compensation Modes
4.10Disclosure of the RAP Report
5IMPACT ASSESSMENT AND LIVELIHOOD RESTORATION
5.1Eligibility Criteria for Compensation
5.2Land loss
5.3Loss of Structures
5.4Impacts on Graves
5.5Impact on Education Facilities
5.6Impact on religious institutions
5.7Impact on Public Infrastructure
5.8Loss of Crops and Trees
5.9Impact on vulnerable members of the community
5.10Management of the Wayleave after Compensation
5.11Proposed Entitlement Matrix
6INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION
6.1Existing Institutions of Relevance to this RAP
6.2Proposed RAP Implementation Arrangements
6.3RAP Implementation Committee
6.4Grievance Mechanisms
6.4.1General Information
6.4.2Existing Mechanisms for Dispute Resolution
6.4.3Expected Grievances
6.4.4Proposed Grievance Mechanism
6.5Monitoring and Evaluation
6.5.1Internal Monitoring
6.5.2External Monitoring
6.5.3Monitoring and Evaluation Indicators
6.5.4Methods of Monitoring
6.5.5Reporting
6.6RAP Implementation Schedule
6.7RAP Implementation Budget
7CONCLUSION
List of Appendices
Appendix 1Minutes of Stakeholder and Community Sensitisation Meetings
Appendix 2Template of Household Survey Form
Appendix 3Template of Land and Asset Inventory Form
Appendix 4Response to Client Comments on Draft RAP Report
List of Additional Volumes
Volume 2:Land and Asset Valuation Report and PAP Records
Volume 3:Land Verification Report and Land Acquisition Plan
RAP for NCT Ph 11April 2015
LIST OF ACRONYMS
ACCAssistant County Commissioner
ADRAlternative Dispute Resolution
AFDAgence Française de Développement
AIDSAcquired Immunodeficiency Syndrome
AWSBAthi Water Services Board
CEMCounty Executive Member
CEOChief Executive Officer
CSRCorporate Social Responsibility
DRSRSDepartment of Resource Survey and Remote Sensing
DSDODistrict Social Development Officer
ESIAEnvironmental & Social Impact Assessment
FGDFocus Group Discussion
haHectare
HIVHuman Immunodeficiency Virus
KFSKenya Forest Service
KmKilometre
KTDAKenya Tea Development Authority
KWSKenya Wildlife Service
mMetre
MCAMember of County Assembly
MDGsMillennium Development Goals
MLHUDMinistry of Land Housing and Urban Development
mmMillimetre
NCT Ph 1Northern Collector Tunnel Phase 1
NCWSCNairobi City Water and Sewerage Company
NEMANational Environment Management Authority
NGONon-governmental organisation
NLCNational Lands Commission
OPOperational Policy
PAPsProject Affected Persons
PASWPredictive Analysis Software
PIUProject Implementation Unit
RAPResettlement Action Plan
RAPICRAP Implementation Committee
SPSSStatistical Package for Social Sciences
STISexually Transmitted Infection
URTIUpper Respiratory Tract Infections
VIPVentilated Improved Pit-latrines
WaSSIP-AFWater and Sanitation Services Improvement Project-Additional Funding
WBWorld Bank
WRMAWater Resources Management Authority
RAP for NCT Ph 11April 2015
EXECUTIVE SUMMARY
Background
Athi Water Services Board (AWSB) has commissioned GIBB Africa Limited to prepare a Resettlement Action Plan (RAP) for the proposed Northern Collector Phase 1 (the Project). The Government of Kenya received funding for the project from the Agence Française de Dévelopement (AFD) and additional financing from the World Bank for the Water and Sanitation Services Improvement Project-Additional Funding (WaSSIP-AF). The Project is aimed at increasing bulk water supply to Nairobi City and its environs.
The proposed infrastructure for the project will run through three Counties namely Murang’a, Kiambu and Nairobi. Water will be abstracted from three rivers namely Gikigie, Irati and Maragua and transfer it through an 11.8km long tunnel to an outlet at Githika River that will eventually drain the water into the dam. This section is located within Murang’a County.
After the dam, a new raw water gravity main will transfer the water to a Water Treatment Plant 6km downstream of the dam. The treated water would then be transmitted through a gravity main to Kabete Reservoir in Nairobi. This section is located parts of Murang’a Kiambu and Nairobi County.
This RAP report covers the land requirements for the project infrastructure from the intakes to Githika outfall. The components under this RAP are therefore located within Kangema and Kigumo Sub-Counties of Murang’a County.
The project will require land for construction of the above infrastructure. In addition to this, to maintain the integrity of the tunnel structure, any land uses likely to negatively impact the tunnel are prohibited. From discussions with the design engineer, these activities include sinking of boreholes, blasting and quarrying. To ensure that AWSB has total control of land uses above the proposed 11.8km tunnel, this report also proposes acquisition of a wayleave above the tunnel alignment.
The total land take in Murang’a County willtranslate to approximately 18.366 acres of which approximately 97.4% is private land under freehold tenure. In a bid to mitigate and avoid negative impacts on the livelihoods of the current users of the affected land, this Report was prepared as per the requirements of World Bank’s Operational Policy on Involuntary Resettlement – O P 4.12.
Development of the Resettlement Action Plan Report
The overall aim of the study was to develop a RAP to guide the resettlement and compensation activities while involving all the stakeholders especially the Project Affected Persons (PAPs) to allow for their meaningful contribution into the program.
An in-depth literature review was carried out before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. A review of the Policy, Legal and Regulatory Framework for resettlement for this project was also done to guide the study.
Some of the documents that were reviewed included the previous project study reports, Kenyan Land laws and sectoral policies of relevance to land, World Bank Operational Policies and sourcebooks with focus on resettlement and stakeholder engagement in preparation and implementation of resettlement programs.
Prior to commencement of the field surveys, discussions were also held with the proponent, the design engineer, the Murang’a County Government and the Murang’a County Commissioner and her officers.
The project surveyors also acquired the latest available cadastral maps to guide the land acquisition studies.
Household surveys and stakeholder consultations were held between 11 August and 4 September 2014 starting with community sensitisation meetings in 6 different locations along the project area. A census and baseline socio-economic survey was then conducted along with transect walks, Focus Group Discussions (FGDs) and Key Informant Interviews.
A database was then developed for affected households in line with what was identified on the ground as guided by temporary benchmarks as set by the project surveyors. A land and asset survey was then conducted between 9 and 19 September 2014. The PAPs were involved in development of the Land and Asset Inventory through consultation in the development of a land and asset form for each affected PAP Unit.
Land searches were then conducted with the Ministry of Land Housing and Urban Development (MLHUD) offices in Nyeri and Murang’a Town to verify land owners as identified during the door to door survey.
The findings of this Study were then reviewed to compile the following outputs:
- A Resettlement Action Plan Report in line with the requirements of O P 4.12;
- Records of census data including photographs and IDs generated specifically for this RAP;
- A Land Acquisition Plan (in CD-ROM) based on the latest available cadastral maps in the Project Area;
- Land search results showing verification status of identified land owners;
- A Land and Asset Valuation Report.
Cut-Off Date for Compensation
The cut-off date for eligibility for compensation was set at 4 September 2014 for all PAPs in all the sub-locations in the project area. The cut-off dates were communicated to the Project Affected Persons (PAPs) during community sensitisation meetings. The community were also sensitized on the implication of the cut off date in line with World Bank’s Operational Policy on Involuntary Resettlement (O P 4.12).
Identification of Project Affected Persons
A Total of 177 households corresponding to 657 persons will be directly affected by the land take at household level while a total of 8 public facilities corresponding to 8 public institutions will be affected.
These institutions are:
- Ichichi Secondary School;
- Ichichi community’s football pitch;
- Ichichi Primary School;
- Gikigie Primary School;
- Ngecha Tea Buying Centre;
- Makomboki Primary School;
- Makomboki Secondary School;
- Bible Fellowship Church.
The 177 household level PAPs include resident land and asset owners as well as the following:
- 1land tenant;
- 2 tenants running a small hotel and a retail shop. These businesses are located in one business structure;
- 2land-lords owning land and the business structure under bullet 1 and 2 above.
Socio-Economic Profile of the PAPs
Land and Livelihood Streams
The primary source of income among the PAPs is farming (65.7%) followed by formal employment (18.8%), trading (12%) with minimal engagement as farm labourers and construction workers (3.5%). For the PAPs land uses that directly support livelihood streams are cultivation of cash (tea and exotic trees) and subsistence crops.
Land is also used as a measure of wealth and social standing. Indeed among the PAPs, land and the developments upon it is viewed as one of the key indicators used in social standing in the community. Key indicators linked to land include the size of land one has and the produce from that land.
Land is therefore a fundamental factor in the livelihoods of majority of the PAPs while security of tenure provides peace of mind, social standing and the ability to actively engage in economic activities.
Housing
Majority of the affected houses can be defined as semi-permanent (71%) as they are constructed with wood and mud walls and corrugated iron sheets. Permanent structures (29%) consist of stone walls and bricks, again with a majority having corrugated iron sheet roofing. The nature of the floors is almost evenly distributed between earthen and cement floors. The type of housing is also uniformly distributed among male and female headed households. There is only one mud walled house which is owned by a male headed household.
From consultations with key informants, there is a risk of homelessness among the vulnerable, mainly women and children if the male household heads misuse compensation funds. The RAP implementation team should therefore consider staggered and monitored payment of funds based on milestones for re-establishment of housing. This should also be countered with sensitisation on financial management in a bid to ensure that the decision makers in the family do not misuse the money and leave the families without any shelter.
Education
The county has 634 primary schools, 6,324 teachers, total enrolment of 214,986 and a transition rate of 70 percent. On average 70% of the members of the community live between 1.1km and 4.9km to the nearest primary school. Among the PAPs a majority of the household heads and their spouses have attained basic primary education, with only 13% having no formal education whatsoever.
To communicate and mobilise the community effectively during implementation of the RAP, mobilization strategies should include, public meetings conducted or translated in the local language, radio adverts in the local language and posters posted in the accessible public places in both Swahili and Local languages.
Water Supply and Sanitation
The County at large and project area are supplied by several water schemes. At the County level, there are 27 water supply schemes but water supply coverage in the County is at 30%.
Findings of the household survey show that majority (93.23%) of the persons in the project area use pit latrines.
Three (3no) water tanks located in Kangari and Kinyona and nine (9no) pit latrines are to be affected by the land take. Re-establishment of these structures should be prompt to ensure that there is no adverse effect on water storage and human health.
Energy Sources
Firewood was the main source of cooking fuel accounting for about 70.68%while battery lamps are the main source of lighting. However, one of the assets affected at the household level is a biogas installation located in Kangari. Prompt re-establishment of this facility should be done to ensure that the alternative energy source enjoyed by the PAP is retained.
Gender Analysis
Men own and control most of the household resources such as land,livestock, trees and other income generating properties. Gender imbalances still exist in decision making, resource control, and production processesmainly due to very strong traditional/cultural beliefs and practices. For instance, household heads will make decisions on family income, crop and animals to be sold as well as when to take children to school. Lessons learnt from gender issues during the implementation of the RAP for the Thika Dam project were also considered.
This RAP report provides recommendations to strengthen women participation in the RAP implementation process.
Proposed Resettlement and Compensation Measures
In line with O P 4.12, majority (99%) of the PAPs fall under category (a) with the rest (tenants) falling under category (c). This report therefore proposes compensation for loss of all these assets at full replacement cost. Majority (80%) of the PAPs opted for cash compensation. Additional assistance proposed for this project has therefore taken this into consideration.
Table 1Proposed Entitlement Matrix
Category / Land Owners / Tenants (including squatters) / Institutions (schools, church) / CommentsLand / Cash or in-kind compensation at full replacement cost. The land should be in the same locality with the same level of productivity. / - / Cash or in-kind compensation at full replacement cost, taking into account market values for land
Where land take is more than 80% acquisition of the entire affected parcel / - / - / Affected households under this category are mainly at Ichichi area
Structures / Compensation at full replacement cost, taking into account market values for structures and materials
Right to salvage assets and materials / Right to salvage own assets and materials
Compensation for structures, taking into account market values for materials / Compensation at full replacement cost, taking into account market values for structures and materials
Right to salvage assets and materials / Issuance of these funds should be checked and monitored carefully to ensure re-establishment of housing for the sake of vulnerable groups
Crops and Trees / Compensation at full replacement cost / Compensation at full replacement cost / Compensation at full replacement cost / -Opportunity to harvest and salvage fodder, fruits and timber
Graves / Written agreement with the PAP to allow them access to the grave sites during project operation period. / - / - / Only two graves on one land parcel were declared by the PAPs. They will not need to be relocated.
Additional assistance / Moving allowance to be covered under a 15% disturbance allowance based on the value of assets / Allocation of Kshs 10,000 to allow for hiring of a vehicle to travel to the resettlement area / Moving allowance to be covered under a 15% disturbance allowance based on the value of assets / Relocation allowance for tenants covers the vicinity of their current location in Murang’a County.
Sensitisation on update of land ownership documents / Moving allowance to be covered under a 15% disturbance allowance based on the value of assets
Where necessary, facilitation of efficient processing of succession and land subdivision processes by AWSB and the Murang’a County Government
PAPs given at least 4 months to relocate / PAPs given at least 3 months to relocate to an area where they can live and work legally / Facilitation of sourcing for replacement land between AWSB and the Murang’a County Government
In-kind replacement of affected structures at the secured resettlement site
This report also proposes a program to secure the wayleave for the project while ensuring that there is no blocked access to adjacent land by the neighbours of the project land.