for the proposed 132kv eldoret-kitale transmission … · 2016. 7. 9. · kenya power & lighting...

RESSETLEMENT ACTION PLAN

Otieno Odongo& Partners Consulting Engineers

ELDORET-KITALE TRANSMISSION LINE PROJECT

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DRAFT RESSETLEMENT ACTION PLAN FOR THE PROPOSED 132KV ELDORET-KITALE TRANSMISSION LINE PROJECT

OCTOBER 2009

Submitted By: Submitted To:

Otieno Odongo& Partners Consulting Engineers The Company Secretary

P.o Box 54021-00200 Kenya Power & Lighting Co. Ltd

Nairobi P.o Box 30099-00100

Tel : 020-38700222 Fax : 020-3870103 Nairobi, Kenya

Fax : 020-3870103 Tel : 0203201000

Email: [email protected]

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Acronyms WB World Bank

BP Best Practices DFI Development Finance institutions

EAP Environmental Action Programmes EIA Environmental Impact Assessment

ESIA Environmental and Social Impact Assessment

EIB European Investment Bank

GRRM Grievance Referral and Redress Mechanism

HV High Voltage

KPLC Kenya Power and Lighting Company Limited

LPAP Land Purchase Assistance Programme

O&M Operations and Maintenance

PAPs Project Affected Persons

PAH Project Affected Households

PCDP Public Consultation and Disclosure Plan

PIM Project Information Memorandum

RAP Resettlement Action Plan

RPF Resettlement Policy Framework




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Definitions of Key Terms Project Affected Person (PAP)-means the same as displaced person within the meaning of

IFC’s Performance Standard 5 on land acquisition and involuntary resettlement, and means any person experiencing loss of asset, access to income whether of a temporary or permanent

nature due to the land acquisition process regardless of whether they are physically displaced or relocated or not.

Project Affected Household means the family or collection of PAPs that will experience

effects from land acquisition regardless of whether they are physically displaced or relocated

or not.

Compensation means payment in cash or kind for an asset to be acquired or affected by a

project at replacement cost.

Cut-off-date means the date after which PAPs will NOT be considered eligible for

compensation, i.e. they are not included in the list of PAPs as defined by the socio-economic

survey.

Displaced Persons means all the people affected by a project through land acquisition,

relocation, or loss of incomes and includes any person, household, firms, or public or private

institutions who as a result of a project would have their;

(i) Standard of living adversely affected;

(ii) Right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed

assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or

(iii) Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement.

Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the

project.

Entitlement means the range of measures comprising cash or kind compensation, relocation

cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation

which are due to /business restoration which are due to PAPs, depending on the type and

degree nature of their losses, to restore their social and economic base.

Full Cost of Resettlement Compensation based on the present value of replacement of the

lost asset, resource or income without taking into account depreciation.

Income Restoration means the measures required to ensure that PAPs have the

resources to at least restore, if not improve, their livelihoods.

Indigenous peoples mean the people indigenous to an area and include ethnic minorities as

defined by IFC’s Performance Standard 7 on indigenous peoples.

Involuntary Resettlement refers both to physical displacement (relocation or loss of shelter)

and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition. Resettlement is

considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement.

This occurs in cases of: (i) lawful expropriation or restrictions on land use based on eminent domain: and (ii) negotiated settlements in which the buyer can resort to expropriation or

impose legal restrictions on land use if negotiations with the seller fail. In the event of adverse economic, social, or environmental impacts from project activities other than land

acquisition (e.g., loss of access to assets or resources or restrictions on land use), such

impacts will be avoided, minimized, mitigated or compensated for through the social and




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environmental assessment process of IFC’s Performance Standard 1 on social &

environmental assessment and management system. Land acquisition means the process whereby a person or household is involuntarily

alienated from all or part of the land s/he owns or possesses, to the ownership and possession of a project for public purposes, in return for fair compensation.

A Local Authority is either a County Council or Municipal Council whose activities are established and controlled by Local Government Legislation.

Market Value means the process of determining market value has sought to establish

appropriate compensation figures so that the affected population is able to restore their

standards of living to levels “at least as good as or better than” than they were prior to the

project. Where the Government rates do not provide for this standard of value, KPLC, with

the technical support of the independent evaluator will calculate and adjust the compensation

figures according to these principles.

Relocation means the physical moving of PAPs from their pre-project place or residence,

place for work or business premises

Resettlement Action Plan means the time-bound action plan with budget setting out

resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and

evaluation.

Resettlement Impacts The direct physical and socio-economic impacts of resettlement

activities in the project and host areas. Resettlement Policy Framework A resettlement policy framework is required for projects

with subprojects or multiple components that cannot be identified before project approval. This instrument may also be appropriate where there are valid reasons for delaying the

implementation of the resettlement, provided that the implementing party provides an appropriate and concrete commitment for its future implementation. The policy framework

should be consistent with the principles and objectives of Performance Standard 5 Socio-economic survey means the census of PAHs/ PAPs of potentially affected people,

which is prepared through a detailed survey based on actual data collected.

“Trust Land” refers to that land that is still held under African customary tenure.

Vulnerable means any people who might suffer disproportionately or face the risk of being

marginalized from the effects of resettlement i.e.; (i) female-headed households with

dependents; (ii) disabled household heads; (iii) poor households; (iv) landless elderly

households with no means of support; (v) households without security of tenure; and (vi)

ethnic minorities.




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EXECUTIVE SUMMARY

In a bid to increase the supply of electricity in both rural and urban parts of the country, the Kenya Power & Lighting has proposed to develop two new 132KV power transmission lines

namely the Mumias-Rangala-Kisumu and the Eldoret-Kitale lines. The need of developing the lines is apparent due to the acute power shortages being experienced currently in the

country. Studies have shown that less than 20% of the total Kenyan population and

approximately less than 5% of the rural population have access to power supply. The aim of

the Government is to accelerate access to power supply by a rate of 20% for the rural

population by 2010 and by 40% in 2020. To achieve its goal the Government has prepared

the Energy Scale Up Program covering the period 2008 to 2017. These proposed lines have

tried to avoid populated areas as much as possible by passing through agricultural areas

though, in some unavoidable cases it has passed through trading centres, schools among other

economic and social viable .

Socio-Economic surveys were conducted along the proposed power transmission lines and it

is apparent that the proposed route will lead to either the physical displacement of people,

loss of their shelter, loss of assets, loss of income sources or means of livelihood, or

restriction of access to economic resources and family members. Therefore, World Bank’s

Operational Policy 4.12 on involuntary settlement is triggered. The policy calls for the preparation of a Resettlement Action Plans on which this report is based.

This RAP provides a detailed methodology through which the proponent (KPLC) will consult with the PAP’s, develop appropriate and sustainable mitigation plans for all involuntary

resettlement programmes associated with the project. A major objective of this RAP is to ensure that affected individuals and households, and

affected and/or displaced communities are meaningfully consulted, have participated in the planning process, are adequately compensated to the extent that at least their pre-

displacement incomes have been restored and that the process has been a fair and transparent

one.




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TABLE OF CONTENTS

1 INTRODUCTION AND BACKGROUND1-10

1.1 INTRODUCTION 1-10

1.2 OBJECTIVE OF THE PROJECT 1-10

1.3 GUIDING PRINCIPLES 1-10

1.4 APPROACH AND METHODOLOGY 1-12

2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK 2-15

2.1 LAND RELATED LEGAL ISSUES 2-15

2.1.1 Customary Land Tenure: 2-15

2.1.2 Public Tenure: 2-15

2.1.3 Statutory Tenures 2-15

2.1.4 Other Interests include: 2-16

2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL

PLANNING ACT (CAP 286) 2-16

2.3 WAY LEAVES ACT (CAP. 292) 2-16

2.4 THE LAND ACQUISITION ACT (CAP. 295) 2-16

2.5 REGISTRATION OF TITLES ACT CHAPTER 281 2-17

2.6 THE TRUST LAND ACT, CHAPTER 288 2-17

2.7 VALUATION AND RELATED LEGAL ISSUES 2-17

2.8 VALUATION PROCESS RELEVANT TO RAP 2-17

2.9 CUT-OFF DATE 2-18

2.10 COMPENSATION OF THE PAPS 2-19

2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES 2-19

2.12 GRIEVANCES ADDRESS MECHANISMS 2-19

2.13 WORLD BANK POLICY 4.12 2-20

2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA 2-21

2.14.1 Procedures of Private Land Acquisition under 2-21

2.14.2 Procedures of TrustLand Acquisition 2-21

2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON

RESETTLEMENT 2-22

3 LAND VALUATION AND COMPENSATION ESTIMATES 3-23

3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE 3-23

3.2 METHODOLOGY 3-23

3.3 VALUATION INFORMATION 3-23

3.4 PROJECT AREA 3-23

3.5 LAND TENURE 3-24

3.6 REGISTERED OWNERS 3-24




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3.7 AREA 3-24

3.8 LAND USE 3-24

3.9 TOPOGRAPHY/PLOT 3-24

3.10 IMPROVEMENTS 3-24

3.11 SURVEY PLANS 3-25

3.12 GENERAL REMARKS 3-25

4 FRAMEWORK FOR RAP-PROCEDURES 4-27

4.1 RESOURCES 4-28

4.2 COMMUNITY ENGAGEMENT REQUIREMENTS 4-28

4.3 ELIGIBILITY NOTICE 4-29

4.4 IMPLEMENTATION MECHANISM 4-29

4.5 LEGAL AND LEGISLATIVE REQUIREMENTS 4-29

4.6 LAND ACQUISITION 4-30

4.7 SOCIO-ECONOMIC SURVEY 4-30

4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK: 4-32

4.8.1 Agencies responsible for the resettlement Activities: 4-32

4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN 4-34

4.9.1 Implementation Process for the Rap 4-35

4.9.2 Implementation Schedule and the RAP Budget 4-35

4.9.3 Appointment of Implementing Agent 4-36

4.9.4 Compensation Phase 4-36

4.9.5 Compensation and Relocation Times 4-36

4.9.6 Reporting 4-37

4.10 RESETTLEMENT ACTION PLAN SCHEDULE: 4-37

4.11 RAP MONITORING FRAMEWORK 4-39

4.11.1 Internal Monitoring 4-39

4.12 EXTERNAL MONITORING AND EVALUATION 4-39

4.12.1 RAP Monitoring Framework 4-40

4.12.2 Post Evaluation (Completion Audit) 4-41

5 SOCIO-ECONOMIC SURVEY FIELD FINDINGS 5-44

5.1 DEMOGRAPHIC INFORMATION 5-44

5.1.1 Education data of population within the project area 5-44

5.2 SOCIAL ISSUES 5-45

5.3 INCOME LEVELS 5-46

5.3.1 Relation to the Property 5-47

5.4 INFORMATION ON PROPERTY CHARACTERISTIC 5-48

5.5 LAND OWNERSHIP DETAILS 5-49




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5.6 ENERGY 5-49

5.7 INFRASTRUCTURAL FACILITIES IN THE AREA 5-50

5.7.1 Communication Infrastructure 5-50

5.7.2 Water Sources 5-51

5.7.3 Energy 5-51

5.8 GENDER ISSUES 5-54

5.9 RESETTLEMENT ISSUES 5-54

5.10 IMPACT OF PROJECT DEVELOPMENT 5-55

6 REFERENCES 6-59

APPENDIX 1: Public grievance form

LIST OF FIGURES

Figure 2.1: Grievance Redress Procedure

Figure 5.1.1 Education data of population within the project area

Figure 5.2(a) Sources of Incomes of population within the project area

Figure 5.2(b) Sources of Incomes of population within the project area

Figure 5.3 Incomes Levels of population within the project area

Figure 5.3.1 Property Ownership

Figure 5.4 Number of years businesses have been conoducted I the project area

Figure 5.5 Type of Land Tenure

Table 5.6 Willings of community members to pay for electricity supply

Figure 5.6 Monthly expenses on energy used by community members

Figure 5.7.2 Sources of water used in project area

Fgure 5.7.3 (a) Type of energy used by community members in the project area

Figiure 5.7.3 (c) Representation of avaialble infrastrucutral facilities in project area Figure 5.7.3 (b) Distance of community members to services

Figure 5.7.3 (f) Representation of common diseases in project area Figure 5.7.3 (e) Representation of avaialble health facilities in project area

Figure 5.7.3 (d) Representation of available institutions in project area Figure 5.8 Representation of property ownership visa vis gender of households

LIST OF PLATES

Graph 1.1: Percentage distribution of respondents in the different project locations Graph 1.2: Percentage distribution of commercial centres in villages

LIST OF TABLES

Table 2.1: Valuation Process Relevant to RAP

Table 3.1 Estimated Value of Property in Project Area

Table 4.2 Resettlement Plan Activity Schedule

Table 4.7: Demographic and socio-economic characteristics of the respondents

Table 4.10 Resettlement Action Plan Activity Schedule




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Table 4.12.2 Monitoring Indicators

Table 5.3.1 Years of settlement in Project Area

Table 5.3.1 Pie Chart showing property ownership for business community in project area

Table 5.7.1 Types of roads avaialbel in the project area

Table 5.9 (a) Representation of number of persons to be resettled from households

Table 5.9 (b) Representation of preliminary resettlement options presented by households

Table 5.9 (c) Representation of resettlement preference by households

Table 5.9 (d) Representation of basis of property valuation by households

Figure 5.10 (a) Representation of project anticipated impacts by households Table 5.10 (a) Representation of anticipated project impacts on households daily activities

Table 5.10 (b) Representation of anticipated impacts of resettlement on households Table 5.10 (c) Representation of proposals raised by households to reduce resettlement

Table 5.10 (d) Representation of responses on issues likely to hinder resettlement Table 5.10 (e) Representation of responses on how collective decisions are made for

commercial and administrative institutions.




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1 INTRODUCTION AND BACKGROUND

1.1 INTRODUCTION

The government proposes to develop a 132kv line from Eldoret-Kitale through the Energy Scale Up Program covering the period 2008 to 2017. The aim of the Government is to

accelerate access to power supply by a rate of 20% for the rural population by 2010 and by

40% in 2020.

This report gives the socio-economic characteristics and analysis of findings from data

gathered through a socio-economic field survey. The report discusses both the socio-

economic impact and benefits of the project to communities and gives information regarding

resettlement.

1.2 OBJECTIVE OF THE PROJECT

The main objective of this RAP is to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, including rehabilitation/ resettlement

operations in order to ensure that the PAPs will not be impoverished by the adverse social

impacts of the project.

Other objectives of RAP are to

• Enumerate the affected households;

• Identify any vulnerable Project Affected Persons (PAPs); • Conduct inventory of all assets to be taken; • Valuate those assets at full replacement value and determine any supplementary

payments e.g. unit price lists and itemized breakdowns of compensation offers and participation;

• Institute valuation negotiations and devise grievance procedure mechanisms; • Include institutional arrangements with the Kenyan law if any • Internalize monitoring arrangements; • Draw a timeline for the RAP; and • Prepare a Budget for all activities.

1.3 GUIDING PRINCIPLES

In order to ensure that the RAP complies with international best practice as regards

resettlement, the principle implementing agent, Kenya Power & Lighting Co. Limited 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 have designed the line routes so as to cause the least possible displacement

and/or disruption.

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 KPLC personnel.




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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. • A census detailing household composition and demography, and other relevant socio-

economic characteristics. The asset inventories will be used to determine and negotiate entitlements, while the census

information is required to monitor 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

fields will be disturbed to make way for the transmission lines, or any other disturbances of productive land 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 not able to make their voice heard

effectively, and account will be taken of this in the consultation and planning processes, as well as in establishing grievance procedures. They are often physically weaker, and may need

special help in the relocation/disturbance phase. In particular, female-headed households may lose out to more powerful households when assets will be demolished to make way for the

transmission line. 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 (those PAPs of more than 65 years).

Principle 8: Resettlement must be seen as an upfront project cost

Action: Experience across the world shows that unless resettlement is built in as an upfront

project cost, it tends to be under budgeted, that money gets whittled away from the

resettlement budget to ‘more pressing’ project needs, and that it tends to be seen as peripheral to the overall project. KPLC will 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.

Principle 9: An independent monitoring and grievance procedure must be in place




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Action: In addition to internal monitoring that will be provided by KPLC an independent

Team comprising local administration and the locals will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organised 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: the World Bank’s operational policy 4.12 on involuntary resettlement will be adhered

to. It requires that involuntary resettlement be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement,

resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the

project to share in project benefits. Displaced persons should be meaningfully consulted and

should have opportunities to participate in planning and implementing resettlement programs.

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. KPLC

shall adhere to their standards.

1.4 APPROACH AND METHODOLOGY

The study was undertaken by collecting of primary and secondary socio-economic data,

through public forums with the assistance of local administration; focus group discussions

and literature materials. The consultants aimed to cover 100% of the Project Affected Persons

(PAP) but was challenged as the exact route of the line had not been surveyed. The

methodology and approach adopted in preparing this RAP is consistent with the Land

Acquisition Act (1995), The Land Act, the Wayleave Act, the World Bank Safe-Guard Policy 4.12.

In collection of primary data, the consultants used both qualitative and quantitative methods of obtain the data. In the qualitative assessment public forums and interview schedules were

used to gather information and to assess the experiences and perceptions of the PAPs regarding the project. Wide participation was ensured by involving special interest groups

ranging from youth, elderly men and women to the meetings. A number of consultative meetings were held with the PAPs though the idea was new to a

majority of them. The discussions covered issues such as search of alternative project routes

and lands and the participation of the community in Resettlement Steering Committee since

they are the ones to approve the RAP activities and also supervise its implementation in the

future. The community wanted the exact project area identified and wanted to discuss key

issues with the Proponent (KPLC) especially regarding compensation of eligible persons,

arrangements for relocation, and announcement of project implementation date and the cut-

off date among other issues.

The primary data enable establish the approximate number of PAP including the number of

households affected, loss of assets (houses, kiosks), community infrastructure e.g. churches,

crop farmland and fruit trees. In additional the survey aimed to estimate compensation due,

based on the replacement cost. The RAP process was highly consultative in order to improve

ownership by the stakeholders.




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The survey for the Eldoret-Kitale transmission line targeted a total of 246 consisting of 226

households, 5 Institutions three being schools and two churches and 15 commercials. The survey covered 18 locations located in the different districts that the line has traversed as

depicted in the graph below.

Graph 1.1: Percentage distribution of respondents in the different project locations

The survey indicated that, most commercial activities are conducted in four divisions namely Soy 33.3%, Turbo 13.3%, Kapsaret 20% and Moi’s bridge 20% and three locations namely

and Kamagut 33.3%, Soy 13.3% and Pioneer 20%. The commercial distributions in the villages are as depicted in the graph below.

Graph 1.2: Percentage distribution of commercial centres in villages

The socio-economic survey conducted identified several social impacts arising from the

development of the proposed line. These impacts are the displacement of over 300 households in settlement and farming blocks, transfer of stress to vulnerable groups who

include the elderly (55-77years old) and female headed households, loss of trees, loss of rental revenue, loss of communal facilities (churches and hand dug wells), loss of

undeveloped residential and commercial plots and the spread of HIV/AIDS. On the positive side, the affected community will benefit from employment opportunities that

will be created by the project, receive electricity supply through the rural electrification programme and increase economic activities through the use of electricity.




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In the qualitative assessment, a survey was undertaken using questionnaires aiming to reach

100% of the PAP’s. For the assessment three types of questionnaires were developed for different strata, namely, Institutions, commercial and household.

The consultation process adopted in the RAP was aimed at ensuring the affected persons were provided with a platform for a free, prior and informed participation. This was done to

ensure their concerns and expectations have been incorporated into the Client’s decision-making process by focusing on matters that affect them directly, such as the proposed

mitigation measures for the identified social impacts.

Secondary data collection involved review of existing literature on socio-economic status of

the project area including data on property valuation in the country.




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2 POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK

There are several statutes that handle the issue of land, development of electric infrastructure and valuation of assets for the purpose of compensation. Those that deal directly with land

are:

• 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 291 • Registered Land Act Cap 300 • Land control Act Cap 302 • The Physical Planning Act Cap 286 • Agriculture Act Cap 318 • The valuation practice in Kenya is governed by the Valuers Act Cap 532 • Valuation for rating is governed by the Rating Act Cap 267 • Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. • Development of electric infrastructure is governed by the Energy Act, 2006 • Environmental Management Co-Ordination Act, 1999 addresses environmental issues

related to land.

2.1 LAND RELATED 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 colonialists and later by the Independent Kenya governments. The

former is loosely known as customary tenure bound through traditional rules (customary

law). The latter body of law is referred to as statutory tenure, secured and expressed through

national law, in various Acts of Parliament.

2.1.1 Customary Land Tenure:

This refers to unwritten land ownership practices by certain communities under customary

law. Such tenure still exists in large parts of the country where land has not been adjusted and

registered. Its management falls within Trust Land Act, Cap 291.

2.1.2 Public Tenure:

This is land owned by the Government for own purpose and which includes unutilized or delineated government land reserved for future use by the Government itself or may be

available to the general public for various uses. The land is administered under the

Government Lands Act Cap 280.

2.1.3 Statutory Tenures

These are categorized in two forms:

• 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.




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• Leasehold Tenure: Leasehold is an interest in land for a definite term of years and may be granted by a freeholder, usually subject to the payment of a fee or rent and is subject

to certain conditions, which must be observed e.g. relating to developments and usage.

2.1.4 Other Interests include:

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

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

• Minor interest such as easements, way-leaves and temporary occupation licences

2.2 THE TRUST LAND ACT (CAP 28) AND THE PHYSICAL PLANNING ACT (CAP 286)

The act state that while giving due considerations to the rights and obligations of landowners,

there shall be compensation whenever a materials site, diversion or realignment results into

relocation of settlement or any change of user whatsoever of privately owned land parcels;

2.3 WAY LEAVES ACT (CAP. 292)

Way Leaves Act (Cap. 292) Section 3 of the Act states that the Government may carry any

works through, over or under any land whatsoever provided it shall not interfere with any

existing building or structures of an ongoing activity. Notice, however, will be given one

month before carrying out any such works (section 4) with full description of the intended

works and targeted place for inspection. Any damages caused by the works would then be

compensated to the owner as per section. Finally section 8 states that any person without

consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs

2.4 THE LAND ACQUISITION ACT (CAP. 295)

This Act provides for the compulsory or otherwise acquisition of land from private ownership

for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition. Notice will be issued through the Kenya Gazette and copies delivered to

all the persons affected. Full compensation for any damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with

section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall

be paid promptly to all persons affected in accordance to sections 8 and 10 along the

following parameters;

• Area of land acquired, • Property value in the opinion of the Commissioner of land (after valuation) • Amount of the compensation payable, • Market value of the property. • Damages sustained from the severance of the land parcel from the land • Damages to other property in the process of acquiring the said land parcel. • Consequences of changing residence or place of business by the land owners, • Damages from diminution of profits of the land acquired

Part II of the Act allows for the temporary acquisition of land for utilization in promotion of

the public good for periods not exceeding 5 years. At the expiry of the period, the

Commissioner of Land shall vacate the land and undertake to restore the land to the




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conditions it was before. Any damages or reduction of value shall be compensated to the land

owners

2.5 REGISTRATION OF TITLES ACT CHAPTER 281

The Registration of Titles Act is an act of Parliament that provides for the transfer of land by registration of titles. When the Commissioner of land issues a letter of allotment to any

person in respect of any land, one of the laws under which the title to that land is issued is the Registration of Titles Act. A freehold title issued under this act confers absolute control upon

individuals or other legal entities upon a given parcel of land. It also confers upon them

power to determine the use to which such land can be put. A leasehold title contains

conditions such as the term of the lease, commencement date thereof, the user of the land etc.

Private ownership of land is embodied in this Act.

2.6 THE TRUST LAND ACT, CHAPTER 288

The constitution vests all land which is not registered under any act of parliament under the

ownership of local authorities as trust land. Section 117 of the Constitution of Kenya

provides that the Trust Lands Act may empower a county council to set apart an area of trust

land vested in that county council for use and occupation by a public body or authority for

public purposes, or by any person for a purpose likely to benefit the persons

2.7 VALUATION AND RELATED LEGAL ISSUES

The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for

a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full

members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in

charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap

280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory

acquisition purposes.

2.8 VALUATION PROCESS RELEVANT TO RAP

Table 2.1 outlines valuation process that complies with the Laws of Kenya and the World

Bank guidelines.

Table 2.1: Valuation Process Relevant to RAP

Asset Process

Land with

Structures

Steps:

a. A detailed inventory of all persons, possessions, assets and stock requiring

resettlement will be made.

b. Accurate and real valuation of dwelling will be undertaken.

c. Determination of compensation packages according to valuations will be carried out.




Page 2-18

d. Allow a reasonable time period prior to moving, for salvage of building materials. PAP’s may salvage any material without this being deducted from compensation

entitlements.

e. Provide temporary housing/shelter if necessary.

Recommendations:

a. The stretch of land with structures is?

b. KPLC will pay compensation for the lost housing structures.

c. KPLC will provide transport for the occupants and their belongings to their new

place of residence.

d. The owner will be entitled to remove any materials he or she wishes to salvage

within one month of vacating the old dwelling.

e. KPLC will provide transport for these materials, other than masonry, to the new

residential site.

Land without structures

a. Inventory: As part of the RAP phase the KPLC hopes to acquire names and contact details of all persons affected by the project.

b. Compensation: The RAP data sheet spells out how each person is affected and

indicates how much compensation will be paid for crops and trees lost.

c. Payment: The line passes along an area ranging from 390 Ha. (975 Acres) to 420

Ha. (1050 acres) of privately owned land.. KPLC is therefore compelled by law to

compensate the PAPs on Land.

Lost business

profits and

employee

earnings

a. Where business profits may be affected compensation will be paid according to

Valuation & Audited results of the enterprises monthly income.

Crops/Trees on

the fields

cultivated by

those affected.

a. Tree/seasonal crops: Harvesting of the crops will be given a first priority but where

harvesting is not possible, counting of the affected crops will be done by a registered

valuer and KPLC agent in the presence of the owner. Computation of the costs will be

done according to market rates1

b. Annual crops: Crops will be harvested by the owner and therefore no compensation

will be paid for crops. In instances where crops are not able to be harvested, KPLC will

pay compensation at the market rates.

Notes

• KPLC already has very competitive rates that would be presented to the PAPs for ratification.

• All payments shall be made before demolition commences

2.9 CUT-OFF DATE

The cut-off date for determining the beneficiaries of the resettlement plan will be one month

after the last date of determining the number of PAP’s for purposes of contradictory

grievance procedure to finalize the number of PAP’s.




Page 2-19

2.10 COMPENSATION OF THE PAPS

Compensation to PAPs shall be made before demolition commences. This will be done at either the KPLC offices or at the local chief’s office, whichever will be appropriate after

approval. After compensation, a minimum of one month notice shall be given to the affected people before the demolition exercise commences, so as to allow relocation and salvage of

necessary asset by the PAPs. Renters shall likewise be given at least one month notice before actual demolition to give them ample time to relocate. The sites shall be handed over to

KPLC once all the PAPs have been fully compensated.

2.11 DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES

The practice of domestic and international arbitration in Kenya is conducted within the

framework of the 1995 Arbitration Act and is interpreted as: “any arbitration whether or not

administered by a permanent arbitral institution”. The Act follows the UNCITRAL model

almost word for word but with a number of glaring omissions: notably no provision for costs

and interest, nor any provision for appeal in international arbitrations. These omissions are

dealt with by the Rules of an active local branch of the London-based Chartered Institute of

Arbitrators, being an amalgam of Rules established by leading international arbitral

institutions and providers such as the London Court of Arbitration, the ICCA and Chartered

Institute of Arbitrators or NEMA, Department of Arbitration..

In addition to ratifying the UNCITRAL Model Law, Kenya has also ratified the New York

Convention, the WTO and WIPO Treaties relating to arbitration. The Kenyan branch of the Chartered Institute of Arbitrators, founded in 1984, is recognized as the professional body for

the annual training and examination of those seeking to qualify as arbitrators; it also acts as the appointing body where stipulated in contract.

Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit organization that promotes the prompt, effective and economic resolution of disputes through arbitration,

predominantly mediation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to arbitrate. They would be of

particular use should disputes around the compensation and resettlement process arise.

In addition, there are a series of customary avenues that have been set up to deal with dispute

resolution and they will be employed as the “court of first appeal”, where relevant.

2.12 GRIEVANCES ADDRESS MECHANISMS

Grievance redress mechanisms are essential tools for allowing affected people to voice

concerns about the resettlement and compensation process as they arise and, if necessary, for

corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving

transparency in the resettlement process.

Disputes will be referred to KPLC and then if necessary, the project affected people (PAP)

committees who will be asked to provide recommendations as to how it 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 National Environmental Tribunal or Public Complaints

Grievances will be dealt with as represented in Fig. 2.1.




Page 2-20

Legal Action

Grievances Ressolved

Grievances Ressolved

KPLC hears grievances and rules.

PAP committees has 2 weeks from

submission to respond

Affected Party

declares a grievance

Land Compensation Tribunal,

Public compliant Committee,

Resettlement steering committee

etc.

No Further Action

No Further Action

Figure 2.1: Grievance Redress Procedure

Information about all dispute and grievance procedures is to be widely disseminated, through

consultative fora, and the media.

The PAPs committee secretary or nominated agent (in the absence of the secretary) will keep

a written record of all disputes/grievances raised and dealt with during the resettlement and

compensation process. These records will be monitored regularly by the PAPs Committee

and by the independent Monitoring Team. This will be undertaken as part of the on-going

monitoring and evaluation process. Public grievance form is attached in Appendix 1.

2.13 WORLD BANK POLICY 4.12

The main objectives of the World Bank Policy 4.12 include:-

• 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.

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

• That 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. Specifically, 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




Page 2-21

kinship group dislocation that might subject the affected persons to unfair competition

when mutual help is diminished or lost.

2.14 EXPROPRIATION OF LAND FOR DEVELOPMENT IN KENYA

In Kenya expropriation is provided for in the Constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. But the constitution only gives general

guidelines. The detailed procedures for acquisition are elaborated under the “Land acquisition Act ” in chapter 295 for private land and chapter 288 for unregistered Trust Lands. The title

to Trust Lands is vested in the County Council in trust for its inhabitants, hence the term

“Trust”

2.14.1 Procedures of Private Land Acquisition under

This process is governed by the Land Acquisition Act Chapter 295. The Act requires that

benefiting Authority to make a formal request submitted to the “Commissioner of Lands”.

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, he writes to the

commissioner to that effect, and directs him to acquire the land (Section 6(1)). 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 “Notice of Intention” must mention the public body or the public purpose for which the land is to be acquired. The “Notice of Inquiry” mentions places and fixed dates when

persons interested in the subject land are to submit their claims to the Commissioner of Lands or his appointee (a “Valuation Officer” also known as “Collector of compensation”)

according to Section 9. Meanwhile the Collector of Compensation is supposed to inspect the

said land and value it for compensation. After the inquiry the Collector will issue and award

depending on his own assessment and the representations of interested parties as submitted at

the inquiry (Section 10 and 11).

The award is issued in a prescribed form, together with a statement form. The former

indicates the amount of compensation awarded while the latter gives the landowners option

of acceptance or rejection of the award. If the landowner accepts the award, the collector will

issue a cheque in settlement together with a formal “Notice of Taking Possession and

Vesting” (section 19). The notice instructs the landowner to take his 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.

2.14.2 Procedures of TrustLand Acquisition

The procedure of setting apart land requires that, the President writes to the local authority in

charge of the said Trust Land informing the Council that the land is required for public

purpose by a public body. The Council is supposed to deliberate the matter at a full council

meeting and give consent. The “District Commissioner” in charge of the affected area will

then proceed to ascertain interests, determine areas and assess compensation for the land after

which he is to issue an award. In case of acquisition at the instance of the County Council

itself, the whole process is repeated except that this time the President is not involved in

giving directions, the process starts off with a full council meeting.




Page 2-22

2.15 GAPS BETWEEN KENYAN LAW AND WORLD BANK POLICY 4.12 ON

RESETTLEMENT

There are similarities between key precepts of the World Bank Policy 4.12 and Kenyan

legislation. The legislation 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. Despite that, 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.

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.




Page 3-23

3 LAND VALUATION AND COMPENSATION ESTIMATES

The resettlement compensation cost for the project includes land compensation, house compensation, crops and trees compensation, resettlement transportation allowance, training

of the PAPs in income generating activities and developing their capacity to maintain

reasonable standards of hygiene in the resettlement sites.

3.1 VALUATION FOR THE PROPOSED ELDORET-KITALE LINE

Based on the results of the socio-economic study and valuation of assets conducted in October 2009, it was noted that the project area is of mixed land use namely agricultural,

residential, industrial & commercial use. The valuation report provides an overview in reference to location of sites, tenure details, approximate area, construction details, and

general.

3.2 METHODOLOGY

The methodology adopted for valuation of these properties for acquisition purposes are

substitution, anticipation and replacement.

3.3 VALUATION INFORMATION

Information and data used was obtained from the following sources

� Uasin Gishu and Tranzoia Districts Land Registries

� Eldoret and Kitale Survey Office

� Site inspection.

3.4 PROJECT AREA

The way – leave starts at KPLC substation next to Rivatex (Eldoret ) in Eldoret Municipality

through Kipkarren, Pioneer, Kapsereti, Western view farmers village, Kipkenyo, Sosiani, Kaptinga, Chemelal , Lesseru villages, kamagut , Emgwen, Kenya Ordianance Factories,

Barracks, Sheiwe, Lawiyet, Soy, Msalaba Yellow, Ziwa, Nangili, Kongoni, Lukuyani, Mukunga, Matunda, MoisBridge, Sokomoko, Sonoko, Kebuluet, Kapkoi, Waitaluk, Potwa,

and Central.

Alternative route has areas where the way leave could divert at Mois Bridge (from the main lines at Moi Bridge into Ex – culten, Kaptien, Potwa, Kablamai, Wekhoya/Toro farm,

BikekeWaitaluk Naisambe, Kibomet, to the substation in Kibomet in the outskirts of Kitale

town.

The way – leave runs across two provinces that is Rift Valley ( Wareng, Eldoret west, /

Eldoret North, Uasin Gishu, Trans Nzoia West and East) and Western ( Lugari)




Page 3-24

3.5 LAND TENURE

Plots within the urban centers of Eldoret and Kitale are mostly under LEASEHOLD INTEREST for a term of 99 yrs at revisable ground rents.

Agricultural properties, outside these two major urban towns, and plots in small trading centres like Longisa, Soy, Nangili, are mostly under FREEHOLD INTEREST in absolute

proprietorship as per the Registered Lands Act Chapter 300 of the Laws of Kenya.

3.6 REGISTERED OWNERS

Details of the registered owner could not be obtained as the definite route taken has not been

surveyed to ascertain beyond reasonable doubt the particular route to be taken so as to

confirm the registered owners,

3.7 AREA

Depending on the locality and route, averagely the way leave is to cover a distance of

between 65 kilometres – 70 kilometres in length and 60 metres in width all along. This

translates to areas ranging from 390 Ha. ( 975 Acres) to 420 Ha. (1050 acres)

3.8 LAND USE

Most of the properties falling within the way – leave route are under agricultural and institutional user (like schools, Kenya ordinance , Barracks) and a few commercial properties

within the small urban centres. They can be classified as follows;

(1) Commercial user- in urban centres (2) Industrial user – like Kenya Ordinance Factories

(3) Residential user – in urban centres (4) Agricultural user – in rural areas

3.9 TOPOGRAPHY/PLOT

Most of the land situated along the route are gently sloping, dark loam soils and in high

density rainfall areas.

3.10 IMPROVEMENTS

At the time of our inspection most properties were not developed with any structural

developments ( along the way-leave route), and except for those along the Eldoret – Kitale

road and in small trading centres like Longisa where the way – leave could pass through

residential structures and Commercial single – storey buildings.

The constructions details and accommodation layout of these buildings are to be provided

upon the confirmation of the specific route taken, upon which the real improvements values

will be assessed as per the building materials used, finishes and location in relation to open




Page 3-25

market value, route plan costing and addition for inconvenience and disturbance caused to the

registered owner.

3.11 SURVEY PLANS

Registry index maps used include those of Uasin Gishu Tranzoia and Lugari. Plan Index

Diagram and Topographical maps also aided in identifying the location of properties. Upon confirmation of the specific route, then individual parcel numbers will be given in

relation to the registration index sheet numbers.

3.12 GENERAL REMARKS

• In our valuation we have zoned areas / locations with general average prices together while considering the distance.

• The title deeds and lease certificates legality needs to be confirmed by doing searches at the lands offices in Eldoret, Kitale and Kakamega to get their true position in regard to

registered owners details, size and parcel numbers.

• The survey plans and mutation ( if any) needs to be confirmed from the survey offices in Kitale Eldoret and Kakamega to show if any route plan is in conformity with the index

maps on the ground.

• Tenure ship also needs to be confirmed so as to know the type of property rights that is being compensated.

• Average property sizes in relation to the way – leave needs to be known as some cases may involve acquiring the whole plot, as the remaining part may be insignificant to the owner hence necessitating full acquisition of the whole parcel.

• The effects of the way – leave on land use patterns, improvements and tenancy and its impact on property values could be derived during the detailed inspection of the

ascertained route.

• The compensation has to include a fifteen (15) percent addition for inconvenience and disturbance caused to the registered owners.

To avoid too much inconvenience and delays, areas like Longisa next to Kenya Ordinance Factories and Barracks, the route should be changed and taken to the Ordinance Factories

Moi Barracks side of the road as these areas have no structural developments, and no private population on it hence cutting down on costs. In small urban areas & agricultural lands the

route plan should avoid as much as possible to cut through commercial buildings and residential homesteads as these will help cut costs and not strain relations.

Upon acquisition the neighboring plot owners may be allowed to use that is only farm the way – leave (no structures) but at their own risk as the property shall no longer be within their

legal domain.

Table 3.1 Estimated Value of Property in Project Area

AREA IN ZONES ACRAGE ACQUISITION VALUE

(PLUS 15 % INCONVINIENCE) (KSH)

KPLC – SUBSTATION ,WAREN’G

6 HA. OR 15 ACRES 40,000,000/=




Page 3-26

KIPKAREN, PIONEER 60 HA. OR 150 ACRES 70,000, 000/=

KIPKENYO,

KAPSEERETI

60 HA. OR 150 ACRES 55,000,000/=

SOSIANI,

KAPTINGA,

LESSURE,

KAMAGUT,

EMEGWEN,

SHEIWE,

MSALABA YELOW\SOY

120 HA. OR 300 ACRES

125,000,000/=

NANGILI, KONGONI,

LUKUYANI,

MUKUNGA,

MATUNDA,

MOI’S BRIDGE,

SOKOMOKO,

KEBULUET,

SISAL AREA

90 HA. OR 225 ACRES

80,000,000/=

WEKHOYA,

POTWA,

BIKEKE,

NAITALUK

36 HA. OR 90 ACRES 35,000,000/=

KITALE

MUNICIPLATY

18 HA OR 45 ACRES 55,000,000/=

NAISAMBU

KIBOMET

30 HA OR 75 ACRES 40,000,000/=

TOTAL = 420 HA. OR 1050 ACRE

= Ksh. 500,000,000/= (Kenya Shillings Five Hundred Million Only)




Page 4-27

4 FRAMEWORK FOR RAP-PROCEDURES

The impacts due to involuntary resettlement from development projects, if left unmitigated, often gives rise to severe economic, social and environmental deprivation. These may result

in production systems being dismantled, people facing impoverishment when their productive

skills may be less applicable and the competition for resources greater; community

institutions and social networks being weakened; kin groups being dispersed; and cultural

identity, traditional authority, and the potential for mutual help are diminished or lost. The

resettlement policy, in most cases, is not triggered because people are not being affected by

physical displacement. It is triggered because the project activity may cause land acquisition,

whereby a physical piece of land is needed and people may be affected because they are

cultivating on that land, they may have buildings on the land, they may use the land for water

and grazing of animals or they may otherwise access the land economically, spiritually or any

other way which may not be possible during and after the project is implemented. Therefore,

affected people in most cases have to be compensated for their loss (of land, property or

access) either in kind or in cash. According to the Banks experience, resettlement of

indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. All viable

alternative project designs should be explored to avoid physical displacement of these groups.

These activities likely to be triggered by the resettlement are:

• Formation of Resettlement Steering Committee • Socio-economic survey and Evaluation of Properties • Community Consultation Programme • Confirmation of Resettlement Sites • Announcement of cut-off date • Preparation of Resettlement layout and design maps and Plot Demarcation • Construction of New Structures where applicable • Movement of PAPs to New Site or provision of agreed compensation • Internal Impact Monitoring • External Impact Monitoring

Any project which includes the acquisition of land either of a temporary or permanent nature

requires the development of a project-specific RAP or Compensation Framework. The project-specific RAP must take cognizance of the following:

• Requirements of the KPLC Resettlement Policy Framework. • Requirements of the laws of Kenya Development of a project-specific community

engagement strategy

• Posting a project Eligibility Notice both in the local media and at appropriate locations within the footprint of the project.

• Identify the nature and magnitude of the land acquisition needed in terms of permanent and temporary requirements for the project.

• Have a clear definition of the PAP by socio-economic and gender category; household or family; the cut-off dates for eligibility for compensation; the assets to be compensated at

replacement cost.

• Develop an implementation mechanism for the delivery of the entitlement compensation package, as well as to meet the objective of the RAP.




Page 4-28

• Undertake a detailed socio-economic survey in order to identify entitlement, key issues faced in terms of land acquisition and compensation; and options and strategies for

minimising impacts on current land use activities or cultural heritage.

• Provide specific rates for compensation of loss of assets at fair market and equitable value and the methodology of how these values are derived.

• Set out the land acquisition and compensation processes, options available, eligibility and entitlement and consultation and grievance referral and redress mechanisms

(GRRM).

4.1 RESOURCES

A team will be set up to oversee all the activities of the RAP. The size of the team, its

formation, its functions and terms of reference will depend upon the extent of the land

acquisition and numbers of PAPs.

4.2 COMMUNITY ENGAGEMENT REQUIREMENTS

The RAP team will develop a community engagement plan as a first step towards informing the community about the project, its impacts and entitlement framework. It should include a

description of the implementation mechanism to be set in place for delivery of the entitlement packages. The plan shall accord with the requirements of this Policy, good industry practices

and the IFC’s Performance Standards 1 and 5.

The community engagement plan shall be an ongoing process in order to engage stakeholders in meaningful consultations about the project and shall continue throughout during project

implementation all stages of the project. Their concerns and aspirations should be fed back

into the development of the RAP.

The Principles are:

• All stakeholders must be consulted and be effectively involved in a two-way communication with the project sponsors. Special efforts will be made to consult with

women and vulnerable communities.

• The RAP will include an explicit public information strategy. This will include the use of mass media, possibly through radio and television, to advise the dates and times of

public meetings, availability of documents, selection criteria, cut-off dates, and

compensation measures.

• The consultation should be preceded by providing all the relevant and accurate information.

• Following disclosure of all relevant information, the client should consult with and facilitate the informed participation of affected persons and communities, including host

communities, in decision-making processes related to resettlement. Consultation should continue during the implementation, monitoring, and evaluation of compensation

payment and resettlement to achieve outcomes that are consistent with the objectives of

this Framework.

• Supply of information and consultation with different stakeholders should be through a language and medium they are comfortable with.

• In certain cases, for example, the land acquisition process, where the information is not easily understood by the people, KPLC shall take responsibility for simplifying and

ensuring that the whole process is understood by the project affected persons, using appropriate methods of communication.




Page 4-29

• There shall be a specific and transparent mechanism for the recording of grievances and their timely resolution. The Company will 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 may have to be carried out to establish the basis for compensation and procedures will 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 shall 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.

4.3 ELIGIBILITY NOTICE

A project eligibility notice will be posted both in the local media and at appropriate locations

within the footprint of the project. In accordance with the above good practices and the

community engagement plan a notice must be published informing communities and PAPs of

the cut-off date for compensation eligibility.

4.4 IMPLEMENTATION MECHANISM

The RAP will require that an implementation mechanism be set in place for the delivery of

the entitlement package, as well as to meet the objective of the RAP. The strategy of

implementation includes the delineation of roles and responsibilities of organizations/

institutions, as well community groups, the procedures to be followed along with the support

facilities available and a timeframe for implementation of each of the activities are :

� Community Engagement � Issuance of Eligibility Notice � Land Survey � Asset Inventory � Census survey of the PAPs � Issuance of Identity Cards � RAP Stakeholder Consultation � Alternative land survey � Land Acquisition � Payment of Compensation � Land Purchase � Moving assistance Land clearance � Rehabilitation and Income Restoration � Community Development (if deemed appropriate or necessary) � Monitoring and Evaluation

4.5 LEGAL AND LEGISLATIVE REQUIREMENTS

A summary of the legal framework, policies, principles and objectives that govern the land

acquisition and compensation processes will be prepared and disclosed to PAPs.

Where the information is not easily understood by the people, the company shall take

responsibility for simplifying and ensuring that the requirements and procedure is understood




Page 4-30

by the project affected persons, using appropriate methods of communication.

4.6 LAND ACQUISITION

The RAP will provide both detailed and locational maps identifying the nature and magnitude of land acquisition needs for both permanent and temporary needs of the project.

The maps will detail the extent of the impact of land acquisition on each individual project affected household (PAH) and to the extent possible each PAPs asset/economic interest in the

land to be acquired.

In cases where the family members have informally divided and cultivated their

ancestral land with no mutation legally recorded, the portion of the land currently being

farmed or resided upon by the PAP will be allocated in accordance with their mutation

arrangement and the disbursement of compensation will be pro rata basis on a

acreage/percentage basis. However, the compensation option entitlements will be calculated

on the overall size of the land parcel or PAH basis.

4.7 SOCIO-ECONOMIC SURVEY

The socio-economic survey should provide a summary of relevant baseline information on

affected populations; identifying all categories of impacts and people both directly and

indirectly which include those of a physical and economical nature. The summary will

include an assessment of their relevant socio-economic circumstances; identify key issues

faced in terms of land acquisition and compensation; whether or not the PAH or PAP falls with the criteria for vulnerability and options and strategies for minimising impacts on

current land use activities or cultural heritage. An electronic database will be developed to store all socio-economic data collected during the survey. Each PAH and PAP within the

parcels of land to be acquired for the project will be given a unique identification number that will grant eligibility to compensation and to the various compensations options that will be

developed. A questionnaire will be developed for the household survey and for the economic interest within each parcel of land.

Photographs of PAPs and their assets will be taken to supplement identification and enable

transparency with respect to material assets. The census survey data will assisting preparing

the micro plans for each PAH/ PAP and will be used to monitor the success of the RAP

process.

The survey should bring out as a minimum 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 • 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




Page 4-31

poverty line and family losing more than the economic threshold of their land through

acquisition/ negotiation) Socio-economic survey was conducted in the project areas and the study findings provides a

summary of relevant baseline information on affected populations and an over view of finding is provided in the table below.

Table 4.7: Demographic and socio-economic characteristics of the respondents

Variable Characteristics Percentage

Gender Male 62.3

Female 37.7

Marital Status Married 90.4

Single 4

Divorced 0.6

Widowed 5

Age of household head 20 and below 1.7

21-30 years 20

31-40 years 25.1

41-50 years 19.4

51-60 years 19.4

61-70 years 11.4

Over 70 years 2.9

Total number of dependants 3 and below 8

4 to 7 47

8 to 11 29

12 to 15 15

Over 15 1

Occupation/ Employment of Farmer 39

the household head Government/public sector 19

Private sector 15

Casual labour 16

Self-Employed 11

Family Structure

Nuclear family

75

Extended family

14

Polygamous family 11

Income of the household head 5,000 and below 17

Kshs 5,001-10,000 22

Kshs 10,001-15,000 13

Kshs 15,001-20,000 17

Kshs 20,001-25,000 5

Kshs 25,001-30,000 6

Over Kshs 30,000 22

Education level for head Secondary 45

Primary but can not read 11




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Primary and able to read 33

No education 11

Source: data from the Field analysis

4.8 ANALYSIS OF THE INSTITUTIONAL FRAME WORK:

Land acquisition, resettlement implementation and management is usually a major issue in

the project implementation process and this call for the need of appropriate institutional

framework for all concerned parties including the client. It 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 & livelihood

restoration programs. The organizational structure or the institutional capability should be

elaborates 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.

4.8.1 Agencies responsible for the resettlement Activities:

An institutional framework is suggested for this project so that successful implementation of

the project can be accomplished. However, there are a number of institutions that will be

involved in the process of land acquisition compensation and resettlement for the project.

These include:

i. Ministry of Environment and Mineral Resources. ii. The Ministry of land.

iii. Kenya Power &Lighting Co. Ltd. iv. Eldoret-Kitale & Mumias-Rangala-Kisumu Transmission line Project-Resettlement

team.

v. Respective village committees vi. Provincial administration

vii. NGOs with legitimate interests viii. National Environmental Management Authority (NEMA) officer

ix. Local councils Each of the institution will have a collective role to play for the implementation of

Resettlement Action Plan to be successful.

Some of these agencies will have major roles to play in the implementation process, and these

includes but not limited to:

(a) KPLC Resettlement Unit (KRU)

The structure of the unit shall composed of the following people but not limited to

1. Legal Advisor 2. Surveyor 3. Transmission Engineer 4. Socio-Economist 5. Way-leave Officer 6. Environmental Expert 7. Community Liaison Officer 8. Database Officer 9. KPLC registered valuer




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The KRU will be responsible for the following:

• Oversee the implementation of the RAP. • Oversee the formation of PAP Committee (PC) • Ensure maximum participation of the affected people in the planning of their own

resettlement and post resettlement circumstances.

• Accept financial responsibility for payment or compensation and other designated resettlement related costs.

• Ensure detailed valuation of the structures in order to determine the case to case value of each component of the project and agree upon a value for compensation.

• Pay the affected people compensation to the amounts agreed. • Ensure monitoring and evaluation of the PAPs and the undertaking of appropriate

remedial action to deal with grievances and to ensure that income restoration are

satisfactorily implemented.

• Ensure initial baseline data is collected for the purposes of monitoring and evaluation report as per the indicators provided by the RAP.

(b) PAP Committee (PC)

Under the guidance and coordination of KRU, the PC will be formed two to three weeks after the formation of the KRU which will act as a voice PAPs. The committee shall comprise of

the following: � National Environmental Management Authority (NEMA) officer � Lawyer, Kenya Power &Lighting Co. Ltd. � Valuer, Kenya Power &Lighting Co. Ltd. � Two Project affected people Representatives – to be appointed by PAPs. � Local council representative. � District Valuer or any Independent Valuer � Surveyor � The local area chiefs � District Land Adjudication and Settlement Officer � District Social Development Officer � Provincial State Counsel

The PC shall have a Chairperson and a Secretary appointed or elected by PAPs. The

chairperson ought to be from the local area.

The PC will be concerned with the following:

• Public Awareness: Includes extensive consultation with the affected people so that they can air out 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 overall project.

• Compensation: Involves ratifying compensation rates and also serves as dispute resolution body to negotiate and solve any problem 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.

• Monitoring and Evaluation (M&E): Involves developing the monitoring and evaluation protocol for the whole process.

• Logistics: Involves exploring all mechanisms by which RAP can be implemented




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• Employment, Training and Counseling: Involves employment protocol in the project (if any) for those who cannot find alternative employment. The committee will also counsel

the PAPs both socially and economically.

4.9 RESETTLEMENT AND COMPENSATION ACTION PLAN

Following the collection of the baseline data, market surveys for structures, land and crops a

resettlement action plan or compensation framework will be developed providing options for eligible PAHs and PAPs taking cognisance of the feedback from the various stakeholders.

Meetings will be set up to disclose the various resettlement and compensations options available for all PAHs and PAPs. At the meeting the resettlement, rehabilitation, assistance

and compensation options available will be discussed in broad general terms and further

meetings will be arranged to discuss with individual PAHs and PAPs the specific

resettlement, rehabilitation, assistance and compensation options that are applicable to them.

The following process will form the basis of compensation as per the KPLC, RPF but not limited as such:

� Land-base compensation will be the preferred option and will be based on the principle of equal productivity and/or value. Assistance with purchase and registry

will be provided and such land should be free from all encumbrances. � Payment of cash compensation for lost assets may be appropriate where: (i)

livelihoods are not land-based; (ii) livelihoods are land-based but the land taken for the project is a small fraction of the affected holding and the residual land is

economically viable; (iii) replacement land or housing of comparable quality is not available locally; or (iv) active markets for land, housing, and labor exist locally,

displaced persons use such markets, and there is sufficient supply of land and

housing. Cash compensation levels will be sufficient to replace the lost land and

other assets at full replacement cost in local markets. The PAH/PAP (owner)

receiving the compensation should be persuaded to operate through a joint account in

the name of both the entitled person and his or her spouse, unless the person is

divorced or separated. The purpose for which the money could be used will be

monitored by the monitoring team. The PAHs should be encouraged to invest in

creation of capital, property, payment of debts, or enhancing their livelihood. These

processes will be explained to the PAHs/PAPs in village level consultations held

before the land acquisition process, and in accordance with the schedule of

consultations outlined in the community engagement plan. � The PAHs/ PAPs should be encouraged to purchase alternative land with their

compensation (through the Land Purchase Assistance Programme LPAP), so as to facilitate their income restoration and return to their traditional activity of agriculture.

This assistance will be provided by the rehabilitation team. This team will assist the families in identifying alternate lands and will provide informa

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