MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT RESETTLEMENT ACTION PLAN KALOLENI INFORMAL SETTLEMENT Based on LOCAL PHYSICAL DEVELOPMENT PLAN (2016-2025) Kisumu County at Sida AGENCE FRANCAI1 THE WORLD BANK 7DEVELOPPEMENT Prepared By I1~~1in KALOLENI ARAP REPORT AUTHENTICATION Report Prepared by: Signed . :.... .............. . Date]. . . ... NAME OF RAP SPECIALIST Andrew 0. Gesicho GEODEV ) D LAN) & EJONEERING &)ij#EyORS pLAING SN!RNAEki-AL CONrSULTANM, C Box 14066 -'00100, NAIROBI Checked by: Abid Fo'se, 2nd ,k4. - MoMbasa Rd. Full Name o thorized Representative: Signed ..... ........ Date.. NAME OF REPRESENTATIVE TCT 1TN.TOTNT-VENTUREWJXITHGEODEV K)IMIED Client Signed .... ............ ... ...........D ate.................................... N am e . ................ . ........ . ........ ............... KISIP - COORDINATOR MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT iii LIST OF ABBREVIATIONS AIDS: Acquired immune deficiency syndrome AFD: Agence Frangaise de Development CAD: Computer Aided Design CBOs: Community Based Organizations EIA: Environmental Impact Assessment FGD: Focus Group bDiscussions GOK: Government of Kenya GPS: Geographical Positioning System GRC: Grievance Redress Committee IDA: International Developmednt Association KISIP: Kenya Informal Settlent Improvement Project KSHs: Kenya Shilings LPDPs Local Physical Development Plans M & E: Monitoring & Evaluation MCA: Member of County Assembly MDGs: Millennium Development Goals MoTIH&UD: Ministry of Transport Infrastructure , Housing and Urban Development NEMA: National Environment and Management Authority NLC: National Land Commssion NSUPP: National Slum Upgrading and Prevention Policy OP: Operational Policy OPCT: Older Persons Cash transfers programmes PAP: Project Affected Person PCT: Project Coordinating Team PDP: Part Development Plan PAP- Pesettlement-Action-PlaI RIC: RAP Implementation Committee RIM: Registry Index Maps RPF: Resettlement Policy Framework SEC: Settlement Executive Committee SGRM Settlement Grievance Redress Committee SIDA: Swedish International Development Agency SPSS: Statisctical Package for Social Sciences UTM: Universal Transvere Marcador WB: World Bank iv DEFINITION OF TERMS Abbreviated Resettlement Action Plan is a resettlement document prepared to mitigate impacts that has affected less than 200 Project affected persons in accordance to World Bank OP 4.12. Adoptive Planning: is a physical planning approach applied in this project that entailed application of practical planning interventions that suit the realities, challenges and characteristics of informal settlements. This was achieved through moderating of conventional planning standards that would otherwise have been applied. This approach helped to create responsive conditions that support the informal settlement's capacity to respond to changes towards securing tenure security without necessarily disintegrating the settlement and at the same time sustaining the spatial functions at the minimum possible level. Compensation/Facilitation means payments made in cash or in kind in recognition of loss of assets and Livelihoods resulting from impacts caused by planning and surveying. Complete Displacement: means the displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land outside the settlement due to the planning and survey activities including demarcation of roads. Cut-off date as provided by World Bank OP 4.12 is the date of start of the socio-economic survey/census and asset inventory of PAPs. Persons entering and/or occupying land in the project area after this date and not included in the inventory of PAPs will not be considered eligible for facilitation. Similarly, fixed assets such as structures, established after the cut-off date will not be compensated/facilitated. Squatters are those who have extended their settlements into Government lands and have no formal right or claim to the portion of the lands. Market rate: The selling price of a commodity in the open competitive market. Project Affected Person(s) (PAPs) are persons, households, enterprises, and public or private institutions affected because they may lose, be denied, or be restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Rehabilitation Assistance is the additional support, over and above compensation accorded to the vulnerable or at-risk members of the affected community during implementation of the RAP e.g. labor support. Relocation/Localized displacement means displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land (within the settlement) due to the planning and sttve ativities ineluding demareation of roads. Replacement cost means replacement of assets with same quality and quantity with an amount sufficient to cover full cost of lost assets and related transaction costs and taxes. The cost is to be based on Market rate (commercial rate) according to Kenyan law for sale of land or property, without depreciation in addition to other considerations such as (a) transporting building materials to the construction site; (b) any labour and contractors" fees; and (c) any registration costs. Therefore, for Replacement cost for houses and other structures means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures at market rates without depreciation. Resettlement Action Plan (RAP) or Resettlement Plan is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, planning and survey activities including demarcation of roads leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPS contain specific and legal V binding requirements to resettle and compensate/facilitate the affected party before implementation of the project activities. According to provisions by the World Bank OP 4.12, RAP is prepared where project affected persons are more than 200 while an Abbreviated RAP is prepared where project affected persons are less than 200. Resettlement Assistance means the measures to ensure that Project Affected Persons who may require to be physically relocated are provided with assistance during relocation, such as moving/shifting allowances for ease of resettlement, residential housing or rentals, rental allowance whichever is feasible and as required, for ease of resettlement. Resettlement Policy Framework (RPF) has been prepared as an instrument to be used throughout the informal settlements improvement project implementation. The Resettlement Action Plans ("RAPs") for the project will be prepared in conformity with the provisions of this RPF. Survey means a 100% field assessment carried out to identify and determine the number of Project Affected Persons (PAP). Vulnerable Groups include all those affected by the project who are below the poverty line, the elderly, women and children headed households, PLWD, indigenous people, ethnic minorities or other Project Affected Person who may not be protected through national land compensation legislation. vi EXECUTIVE SUMMARY Background The Kenya Informal Settlements Project (KISIP) is a five-year project of the Government of Kenya (GOK) with support from the World Bank, through The International Development Association (IDA), the Swedish International Development Cooperation Agency (Sida) and the Agence Frangaise de Development (AFD). The overall project development objective of KISIP is to improve living conditions of people living and working in informal settlements in slums in fourteen (14) selected counties, by improving security of land tenure and investing in infrastructure based on plans developed in consultation with communities. Kisumu County is among the selected counties targeted to benefit under KISIP. Given rapid urbanization, the county has witnessed growth of a number of informal settlements. Therefore, two settlements namely; Kaloleni and Manyata Arab were selected for tenure regularization. However, later Manyatta Arab was not further considered.. This Ressettlemnt Action Plan (RAP) report, therefore concerns Kaloleni Informal Setlement, one of the stlements under KISIP intervention. Kaloleni Background Information. Kaloleni informal settlement is located in Kisumu City approximately 2 km North East of the Central Business District. Administratively the settlement is located within Kisumu Town location in Kaloleni/Shalirimoyo Ward.The-settlement-is-a-smaH-enclave sandwiched-between-County-estates-in- - the old town with an approximate size of 7.25 hectares, the estimated population of the settlement is 2,530 persons composed of 1221 female and 1309 male. Before the KISIP intervention, there was an existing Physical Development Plan (PDP) which was prepared in 1994 and Letters of Allotments issued in 1998 as per this plan. Eight (8) plots had title deeds and therefore not included in the planning and tenure regularization scope of KISIP. The PDP had also been officially endorsed by the Director of Physical planning (DPP). However, provision of social ameinities such as drainage, water and sewerage could not be implemented until tenure regularation was concluded ( survey based on the PDP was never conducted). Therefore, tenure regularisation under KISIP Compoent 2 led to the preparation of a new Local Physical Development Plan (LPDP) which was based on a combination of the existing PDP, updated base map and ground survey that was undertaken in order to provide required road reserve for road expansion and truncation. Consequently, surveying of the settlement based on the new LPDP has been undertaken. Planning and Surveying in Kaloleni settlement benefited 65 beneficiaries owing 57 plots, out of the plots 26 are owned by female, 27 are owned by male and 4 are co-owned. Implementation of the new LPDP will necessitate road re-alignment which will affect structures that had encroached on the 1994 PDP road reserves which will lead to their relocation. Therefore, several road alignments from 3 meters lane to 12 meters have been proposed based on adoptive planning standards and projected future demand for both physical and social infrastructure services. Planning and Survey in Kaloleni informal settlement will therefore affect 275 PAPs consisting of 89 structure Owners' and 186 Tenants. The total number of affected structures in the settlement is 111. The cumulative length of the proposed road is 3,097 meters. I The number of structure owners are (89) more than beneficiaries due to the fact that in some cases the father/mother allows the adult son/daughter to put up a structures within their plot vii This Ressettleemnt Action Plan (RAP) is thereforeprepared to provide mitigation measure to the potential adverse social impacts likely to be suffered by the Project Affected Persons whose structures might be affected. The RAP has been prepared to in conformity with Kenya's policy, legal, procedures and institutional arrangements that govern response to and resolution of displacement impacts. Also, the report is in line with the provisions World Bank's Safeguard Policy OP 4.12 on Involuntary Resettlement, which requires that an RAP be prepared for all projects that will cause both physical and livelihood displacement of people. Methodology The methodology adopted to collect both primary and secondary data was guided by KISIP Ressettlement Policy Framework (RPF) and involved a combination of literature review; census and socio-economic surveys, meetings with PAPs; key stakeholders interviews; Public consultative meetings; land and asset valuation; computation of resettlement implementation costs. Type and Scope of Impacts The total number of PAPs are 275, from this total male PAPs are 141 and femal PAPs are 132, among these are 2 institutions are affected namely Kaqwa Welfare Association and a local mosque as detailed in PAP diagram Figure 0-1 below. PA.P Diagram PAPs 275 menate-132 Institution 2 Figure 0-1: PAPs Diagram From the total number of PAPs, 89 will lose structures among them 55 male 2 vulnerable 32 female 3 vulnerable. 101 PAPs will lose livelihood among them 49 male 4 vulnerable 52 female 5 vulnerable while tenant PAPs are 186 among them 86 male 4 vulnerable 100 female 4 vulnerable. Public Consultations Initial public consultation was done with various stakeholders at different planning stages. A total of six (6) meetings were held during the planning for the settlement upgrading. The meetings targeted representatives of National and County Government, KISIP County Government representatives; Community members, SEC, chief and PAPs. In the meeting of 31St August 2016, besides planning issues, RAP related issues emerged and were discussed including declaration of cutoff date of 81' September 2016 (Appendix 3). At the RAP stage, one meeting was organized on 6' June 2018 with the PAPs where specific issues related to them were discussed including cut -off -date declaration, entitlement and compensation, ownership of assets and validation of PAPs asset register among other issues. Mitigation Measures Mitigation measures for adverse social impacts identified in this RAP were computed as summarized below. viii TABLE OF CONTENTS LIST O F A BBR EV IA TIO N S ............................................................................................................. iv D EFIN ITIO N O F TER M S ................................................................................................................... v EXECUTIVE SUM M ARY .......................................................................................................................... vii TABLE OF CO NTENTS.............................................................................................................................. xi LIST O F TABLE........................................................................................................................................ xv LIST O F FIGURES.................................................................................................................................... xvi 1. INTRODUCTION ............................................................................................................................... 1 1.1 B ackground............................................................................................................................. 1 1.2 K aloleni Inform al Settlem ent..................................................................................................1 1.3 K ISIP Intervention in K aloleni ............................................................................................... 3 1.4 Objective and Scope of this RA P............................................................................................ 4 2. LAND TENURE REGULARISATIO N AND TITLING PROCESS...............................................................5 2.1 Introduction............................................................................................................................. 5 2.2 Commniunity SensifizationandhPlanningPhaser......................................... . ..... 2.3 Preparing the Base M aps......................................................................................................... 6 2.3.1 Identification of Perim eter Boundary.............................................................................. 6 2.3.2 M apping of Structures.....................................................................................................7 2.3.3 Preparation of D igital M aps............................................................................................7 2.3.4 Socio-econom ic Survey ...................................................................................ue............. 8 2.3.5 Topographical Survey ..........................................................................................urvey.8.... 8 2.4 B ase M ap Preparation......................................................................................................... 8 2.4.1 Existing Land U se.......................................................................................................8-. 8 2.4.2 Preparation Proposed Land use.............................................................................se9...... 9 2.4.3 Selection of tuitable D c Flopm ent Opti::f.................................... 10 2.4.4 Proposed Infrastructure.................................................................................................11 2.4.5 Preparation of Final LPDP and Development of a GIS/LIS Platform..........................11 2.5 Preparation/ U pdating of Survey Plan..............................................................................12 2.6 Safeguarding the Settlem ent from L and G rabbing.........................................................13 2.7 Issuance of Titles and C om pensation ................................................................................ 13 2.8 Sensitization on Security of Tenure................................................................................... 13 3. POLICY, LEGAL AND INSTITUTIO NAL FRAM EW ORK......................................................................16 3.1 Intr oductnion......................................................................................................................16. 16 3.2 Supporting Principles............................................................................................................ 16 3.3 W orld B ank's Safeguard Policies ......................................................................................... 21 Xi 3.3.1 OP 4.12 Involuntary Resettlem ent ................................................................................ 21 3.4 Comparison between Kenya Legal Framework and World Bank.........................................21 4. APPROACH AND M ETHODOLOGY ................................................................................................. 24 4.1 Introduction .............................................I.troduct.on..24......................................................... 24 4.2 Literature Review........................................--iew..2............................................................. 24 4.3 Stakeholder Consultation ..................................................................................................... 24 4.4 Census and Socio-econom ic Survey ..................................................................................... 25 4.4.1 Cut-off D ate ....................................ate.25........ ........................................................... 25 4.4.2 Survey Process..............................................................................................................26 4.4.3 Analysis of Surveys and Studies......................................................................-2........... 26 4.5 V aluation of A ssets and Livelihoods .................................................................................... 27 4.6 Inventory of Vulnerable Groups ..................................................rs....................................... 27 5. PUBLIC CONSULTATION ..........................................PUBLIC.CONS.......................................................... 29 5.1 Introduction........................................................................................................................... 29 5.2 Objective of Consultative M eetings...................................................................................... 29 5.3 Public Participation Schedule ............................................................................................... 29 6. IM PACTS AND M ITIGATION M EASURES ....................................................................................... 33 6.1 Introduction ......................................Introduc....on.................................................................. 33 6.2 Positive Imppacct3s ................................................... -....3..................................................... 33 6.3 Tenure Regularization.......................................................................................................... 33 6.3.1 Infrastructure Im provem ent .......................................................rov-ement....--..............33--.. 33 6.3.2 Im proved H ousing......................................................................................................... 33 6.3.3 Inproved Environm ent Condition ................................................................................ 34 6.4 N egative Im pacts .................................................................................................................. 34 6.4.1 Type and N ature of Structures ......................................................................................34 6.4.2 PAPs Losing Structures ..............................................................................................36 6.4.3 PA Ps losing Livelihood ................................................................................................36 6.4.4 Tenant PAPs .................................................................................................................. 38 6.4.5 PA Ps Lossing of Trees................................................................................................38 6.4.6 Institutional PAPs .........................................................................................................38 6.4.7 Im pact on Vulnerability ................................................................................................ 38 6.5 M itigation M easures .......................................easures..8............................................................ 38 7. SOCIO ECONOM IC........................................................................................................................ 40 7.1 D em ographic characteristics of PAPs...................................................................................40 7.1.1 Gender and M arital Status of PAP................................................................................40 xii 7.1.2 Average age of PAP's household heads........................................................................40 7.1.3 Educational Levels........................................................................................................40 7.2 Econom ic Situation...............................................................................................................41 7.2.1 Incom e Sources.............................................................................................................41 7.2.2 Incom e Levels...............................................................................................................41 7.2.3 M onthly Expenditures...................................................................................................42 7.3 Access to Infrastructures.....................................................................................................43 7.3.1 Type of Toilet Used......................................................................................................43 7.3.2 Solid W aste Disposal M ethod......................................................................................44 7.3.3 M ain W ater Source for the PAPs..................................................................................45 7.3.4 M ode of Transport ........................................................................................................45 7.4 Com m on Illness in the Settlem ent ........................................................................................46 7.5 Vulnerability ......................................................................................................................... 46 8. ELIGIBILITY AND ENTITLEM ENTS ................................................................................................... 47 8.1 Determ ination of Eligible PAPs............................................................................................47 8.2 Cut-off Date .......................................................................................................................... 47 8.3 M ode of Com pensation......................................................................................................... 47 8.4 Entitlem ent M atrix................................................................................................................48 8.5 Com pensation Protocol.........................................................................................................48 9. GRIEVANCE REDRESS M ECHANIS .................................................................................................. 50 9.1 Introduction........................................................................................................................... 50 9.2 Grievance Redress Institutions/Structure.............................................................................. 50 9.2.1 Settlem ent Grievance Redress Com m ittee (SGRC)......................................................51 9.2.2 RAP Implem entation Comm ittee .................................................................................. 51 9.2.3 Law Courts .................................................................................................................... 52 9.3 Grievance Procedures ........................................................................................................... 52 9.3.1 Procedure of Grievance Redress ................................................................................... 52 9.3.2 Efectiveness of the Grievance Redress M echanism ...................................................... 53 9.4 M onitoring of Grievance Resolution .................................................................................... 53 10. INSTITUTIONAL ARRANGEM ENT AND IM PLEM ENTATION .......................................................55 10.1 Intr odution............................................................................................................................. 55 10.2 Disclosure and Com pensation Paym ent................................................................................58 10.3 N otice of Dem olition ............................................................................................................ 58 10.4 Gender Em powerm ent Initiatives ......................................................................................... 58 10.5 The Project Cost.................................................................................................................... 58 xiii 10.6 Im plem entation Schedule......................................................................................................59 11. M ONITORING AND EVALUATION .............................................................................................. 61 11.1 Introduction................................o-............--....... --......-... ....................................................61 11.2 Objectives of Internal M onitoring.........................................................................................61 11.3 Responsibility ..........................................Responsibity............................................................ 61 11.4 RAP M onitoring Plan ........................................................................................................... 61 11.4.1 Performance M onitoring ............................................................................................... 62 11.4.2 Im pact M onitoring .......................................................................................................63 11.5 M onitoring Indicators ................................dr......................................................................... 11.6 External M onitoring and Evaluation..................................................................................... 64 11.7 RAP Audit............................................ ............................................................................... 64 CONCLUTIONS AND RECOM M ENDATION ........................................................................................... 66 Conclusion ..............................................---....on. -......-.66..... ...........................................................c.. 66 Commitm e6nts ..................................................... ........................................................................o... 66 APPENDICES ...................................NDICES....... --........-..67..-... ................................................................ 67 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) ..........................68 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR KALOLENI INFORMAL SETTLEMENT.....69 APPENDIX 3. CUT-OFF DATE NOTICE .................................................................................................. 77 APPENDIX 4. CENSUSCHECKLIST ........................................................................................................ 83 APPENDIX 5: COM PLAINTS FORM FOR PROJECT AFFECTED PERSONS.................................................83 APPENDIX 6: GRIEVANCE ACKNOW LEDGEM ENT FORM ....................................................................... 85 APPENDIX 7: GRIEVANCE RESOLUTION AGREEM ENT FORM ................................................................86 APPENDIX 8: SOCIO-ECONOM IC SURVEY QUESTIONNAIRE .................................................................87 APPENDIX 9: CHECKLIST FOR FOCUS GROUP DISCUSSION...................................................................97 APPENDIX 10: M AP OF AFFECTED ASSETS.............................................-..-...--.-.......--..-.--..-----.-..---..--.. 9 APPENDIX 11: PLANNING M INUTES.......................................................-.-..-........---.....--.--..-..-..-....-*..99 xiv LIST OF TABLE Table 2-1: Stakeholders Consultation and Engagem ent M eetings .........................................................................5 Table 2-2: Proposed Land U sese.............................................................--.-.---.----.--..----..----.---.*****.**....*****.-..****...-.9 Table 2-3: Selection of Suitable Landuse Option.............................................................................................. 10 Table 3-1: Legal and Policy Provision in relation to Resettlem ent ......................................................................17 Table 3-2: Comparision Between OP 4.12 and GOK Policies and Legislation on Involuntary Resetlement.......22 Table 5-1: Sum m ary of Issues Raised D uring Consultative M eetings .................................................................29 Table 5-2: PAPs Asset Register V alidation M eeting M eeting. ............................................................................ Table 5-3: Table on O utcom es of PAPs M eeting .................................................................................................31 Table 6-1: The Extent of the Im pact..................................................................................................................... 35 Table 6-2: PAPs Losing Structures....................................................................................................................... 36 Table 6-3: PAPs losing Livelihood.....................................................---...... --....37........................................... .37 Table 6-4: Tenant PAPs..................................................................................................................................Tab e 38 Table 6-5: Institutional PAPs............................................................................................................................. 38 Table 6-6: Vulnerable PAPs ........................................................................................................................... 38 Table 6-7:M itigation M easures for N egative Im pacts.....................................................................................39 Table 7-1: M arital Status of the PAPs .............................................................................................................. 40 Table 7-2: PAPs Education Level......................................................................................................................... 41 Table 7-3: PAPS incom e Source .......................................................................................................................... 41 Table 7-4: PAPS Incom e Levels......................................................................................................................... 42 Table 7-5: M onthly Expenditure on Rent............................................................................................................. 42 Table 7-6: M onthly Expenditure on Food ............................................................................................................ 43 Table 7-7: M onthly Expenditure on Transport.....................................................................................................43 Table 7-8: M onthly Expenditure on Clothing....................................................................................................... 43 Table 7-9: Solid waste disposal m ethods.............................................................................................................. 44 Table 7-10: M onthly W ater Cost............................................................ ...........................................................45 Table 7-11: M ain M ode of Transport................................................................................................................... 46 Table 8-1: Entitlem ent M atrix....................................................................................................................... 48 Table 10-1: Organizations w ith Responsilities for RAP Im plem entation.............................................................55 Table 10-2: Im plem entation Cost......................................................................................................................... 58 Table 10-3: Im plem entation Schedule for the RAP.............................................................................................. 60 Table 11-1: M onitoring Plan ................................................................................................................................ 62 Table 11-2: M onitoring Param eters and Indicators........................................................................................ 63 xv LIST OF FIGURES Figure 0-1: PAPs Diagram ................................................................................................................................... viii Figure 1-1: Location M ap of K aloleni.................................................................................................................... 2 Figure 1-2: K aloleni PD P before K ISIP ............................................................................................................. 4 Figure 2-1: Existing Landuse M ap of K aloleni Settlem ent...............................................................................7 Figure 2-2: Proposed Land U se....................................................................................-.. ...... -. ---.. -......... -. ------- 9 Figure 2-3: Proposed K aloleni Inform al Setlem ent Schem e LPDP......................................................................15 Figure 4-1: RAP Preparation A pproach and M ethodology............................................................................28 Figure 6-1: PAP Diagram ..................................................................................................................................... 34 Figure 7-1: W aste W ater D isposal M ethods......................................................................................................... 44 Figure 7-2: W ater Source ...................................................................................................................................... 45 Figure 9-1: Steps involved in GRM ...................................................................................................................... 54 Figure 10-1: Stakeholder Engagem ent Strategy ................................................................................................... 57 xvi 1. INTRODUCTION 1.1 Background The Kenya Informal Settlements Improvement Project (KISIP) is a five year-project of the Government of Kenya (GoK), with support from the World Bank, through The International Development Association (IDA), the Swedish International Development Cooperation Agency (SIDA) and the Agence Frangaise de Development (AFD). KISIP has an overall objective of improving living conditions of people in informal settlements by improving security of land tenure and investing in infrastructure. KISIP is being undertaken in 14 Counties: Eldoret, Embu, Garisa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Malindi, Mombasa, Nairobi, Eldoret, Embu, Garisa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Malindi, Mombasa, Nairobi, Naivasha, Nakuru, Nyeri and Thika; Nakuru, Nyeri and Thika. KISIP was created in line with the mandate of the Ministry of Housing as spelt out in The Presidential Circular no. 1/2008 of May 2008. It is an initiative of the GOK aimed at redressing the uneven living conditions in informal settlements caused by past trends in urbanisation that were not matched by economic growth and provision of adequate housing and services. It is divided into 2 phases with four elaborate components that will lead to wholistic growth of the settlements.The first phase of KISIP was for a period of five-years (2011 to 2016) targeting 14 counties but working in 15 towns and cities - in Kenya. The second phvasewhichTs an extenionTy 2ionths-started-in7tme, 20T6- andwill- continue until May, 2018. The programme's four components are: a) Institutional development and programme management; to assist in strengthening the capacity of the Ministry of Transport, Infrastructure, Housing and Urban Development and the participating County Governments, and also finances programme management activities (including preparation of a baseline and systems for monitoring and evaluation). b) Enhancing tenure security: supports scale-up and process systematization of ongoing efforts to regularize tenure in urban slums, and includes financing for the following types of activities: community organization and mobilization, identification and delineation of settlement boundaries, preparation of Local Physical Development Plans (LPDPs), and issuance of letters of offer/allotment to individuals/groups. c) Investing in settlement restructuring and infrastructure; supports implementation of settlement upgrading plans developed at the community level, investment in settlement level intrastructure. and, where necessary, extension of trunk infrastructure to settlements. d) Planning for growth; Supporting delivery of affordable housing and serviced land; supports proactive planning to dampen the growth of new slums and mechanisms for delivery of land and housing that can enhance affordability for middle- and low-income households. 1.2 Kaloleni Informal Settlement Kaloleni informal settlement is located in Kisumu City and is approximately 2 kIn North East of the Central Business District. It is within Kaloleni/Shaurimoyo Ward, Kisumu Central Sub County and covers an area estimated to be 7.25 hectares. This area is a small enclave sandwiched between County estates in the old town, housing 252,924 people out of which 120,359 are males and 132,565 are females(Kenya Population and Housing Census). There are three main access routes to the settlement depending on where one is approaching from. The first acess from Kisumu Central Business District (CBD) is through Nyerere Road, Ondieki highway then Ramogi Road. The second access when coming from Nairobi Kisumu Highwa is a right turn onto Ondieki Highway, then to Sekou Toure 1 Road. The third access when coming from Kakamega Kisumu Highway is a left turn on to Kenyatta Highway, Ondieki Highway, Ramogi Road then Amino Road. The settlement started during the construction of the Kenya-Uganda railway line as a settlement mainly inhabited by casual workers employed in the construction of the railway line. These workers were people mainly from Tanganyika (known today as Tanzania) and Uganda. Some of the Arab traders who entered Kisumu via the port also settled at Kaloleni. Other settlers included people working at the port and ship building sector. The main landuses in the settlement are residential, commercial, transportation, public utilities, educational, social facilities like the mosque, however, other plots in the settlement are undeveloped. The income of residents of Kaloleni is low as established during socio economic survey and averages about Ksh 6,000.00 per month. Many of the residents are subsistence traders selling foodstuffs, alongside water vendors, charcoal dealers, carpenters, fitting mechanics, boda boda cyclists and other assorted, informal sector activities. The minority who work in the formal sector are confined to the lower cadres of employment. Self-employment continues to provide the main source of sustenance. Proximity to the Kibuye market and the Jua Kali areas have been critical factors in the development of employment for these residents. Figure 1-1 below illustrated a high resolution image of the settlement. Legend LOCATION MAP OF KALOLENI INFORMAL SETrLEMENT ) KateniSettlement Kakamepa County Vihi Couty Nndi ount Cournty Boundary Slaya County Kisumu Sub Counties Kaloleni SettlementKsm eta C ~ rontrol Kisumu East Ktsum West Nyamira County Bomet County Figure 1-1: Location Map of Kaloleni Kaloleni is located on government land with leasehold tenure. Initially, tenants occupied the land on Temporary Occupation Licence (TOL) terms and were not allowed to put up permanent structures. However, the residents made houses made of mud and wattle with iron roof housing,they come in the typical Swahili style, with a small courtyard in the centre surrounded by rooms and a wet core at one end. 2 Later, in 1994 Physical Development Plan (PDP) was prepared that enabled allocation of plots within the settlemmt from which allotment letters were issued in to some beneficiaries in 1998 among them8 plot owners have managed to get title deeds. The settlement has a Muslim school which is located on a small plot with no room for expansion. The school also act as a community centre since there are no dedicated community facilities in these areas. 1.3 KISIP Intervention in Kaloleni Kaloleni settlement is located on public land with some residents having leases and others allotment letters. The Settlement had an existing PDP which was prepared in 1994 and Letters of Allotments were issued in 1998. Some plots were surveyed in line with the PDP but no settlement level survey plan was prepared. The PDP was officially endorsed by the Director of Physical planning (DPP) but provision of social infrastructure such as drainage, water and sewerage could not be implemented until tenure regularization was concluded. KISIP component 2 on enhancing tenure security led to preparation of a new LPDP that is envisaged to provide full security of tenure, required space for infrastructure upgrading and also promote sustainable land use. The previous PDP had been overtaken by time and events hence this new intervention. The preparation-oftPDPfollowed-several-teps-duringthe planning-whichincluded;-introduction-to the settlement, socio-economic survey, base map development, beneficiary verification, community visioning and development of LPDP, surveying and beaconing. Through these steps, Kaloleni settlement has been planned to be upgraded into a sustainable, integrated and locally-appropriate as prescribed in the LPDP. The planning involved active participation, dialogue and a continuous engagement between community members and government authorities to ensure locally appropriate solutions for development of Kaloleni Informal Settlement which was not undertaken during the preparation of the previous PDP. This upgrading programme necessitates reclaiming wayleave reserve land from the encroachers for road alignment. Several road alignments with cross sections ranging from 3 meters lane to 12 meters were proposed based on adoptive planning standards and projected future demand for both physical and social infrastructure services. The road re-alignment to accommodate the required infrastructure facilities resulted in impacts on people and strucures within the road reserve which are therefore supposed to be removed to pave way for future developieint. These plauing tfigguled impacts On 111 structures, 275 people and their sources of livelihood. 3 Figure 1-2 below illustrates the PDP of Kaloleni Informal Settleemnt prior to KISIP intervention. Figure 1-2: Kaloleni PDP before KISIP 1.4 Objective and Scope of this RAP The main objective of this RAP is to identify, list and quantify all losses to people's (including vulnerable persons) assets, and sources of livelihoods as a result of the implementation of the new approved LPDP for Kaloleni. The RAP was to develop applicable mitigation measures for the project activities in conformity with the GOK legal provisions and the World Bank OP 4.12 Policy on involuntary resettlement. The following are the tasks were conducted during the assignment. * Community mobilization and sensitization of stakeholders in close collaboration with, KISIP INational and CoumLy PCT and elected cununit11y Iop1Icataives, * Conducting actual census of the PAPs and undertaking socio-economic surveys based on agreed eligibility criteria, and in close collaboration with all stake holders; * Identification and analysis of nature of impacts on PAPs; * Establishing of the eligibility criteria for compensation; and preparing an entitlement matrix; * Valuation of assets at replacement cost; * Establishment of a monitoring plan for the RAP. 4 2. LAND TENURE REGULARISATION AND TITLING PROCESS 2.1 Introduction The surveying, planning and tenure regularization exercise in Kaloleni informal settlement started with stakeholders and public awareness, consultations and engagement in May 2016. The objectives of the exercise was community organization and mobilization, identification and delineation of settlement boundary, identifying and planning for road expansion, preparation of Local Physical Development Plan (LPDP), and issuance of title deeds to the beneficiaries in the settlement. Community sensitisation and consultations were realized through community meetings, focused group discussions, transect walks, participatory planning and mapping process. Public consultations and engagements were aimed at increasing the community awareness about the project, identifying wishes and interests of the different stakeholders, allowing stakeholders input in the planning, drawing consensus on a number of boundary, ownership and other zoning issues and enhancing project ownership thus ensuring the resultant plan reflected the community's wishes and is acceptable to the community. 2.2 Community Sensitization and Planning Phase The-assignment-began with-an-intentionto-planotie circulatdkthQugh the local dailies print media and pinning on the public notice boards in Kaloleni. This was aimed at informing the public, Kaloleni community and relevant stakeholders about the anticipated planning exercise and surveying of Kaloleni informal settlement. The schedules of the meetings held is summarised in Table 2-1 below. Table 2-1: Stakeholders Consultation and Engage ent Meetings Venue and Participant Stake holders Main Agenda Summary of meeting date s outcomes ale Fema Total le _ 9" May 64 30 94 Chief Officer (Land,Define the role Parties agreed to work 2016. Planning and and mandate of the jointly to ensure KISIP County Housing), County officials, objective is achieved and Govern Town managers o the Consultants residents of Kaloleni acquire ment Kisumu, KISIP and that of the the security of tenure Lands otticials and community in the Office Senior staff of the project assignment County Government. 9th May, 26 6 32 SEC at the County Introduction and Settlement boundary was 2016 Government brief the team onconfirmed by the SEC and Office of the status of theconsultants and planning Chief in informal challenges identified. Kaloleni settlement Informal Settlement 14 June78 42 120 Community members, Entry Baraza and After the presentation of the 2016 SEC, County community plan for the survey by the 1St Government, KISIP mobilization Consultant, the members Community officials and local meeting. accepted the plans and Mobilizatio administration urged the Consultant to n meeting in ensure the exercise was Kaloleni _ _carried out fairly to meet 5 aspirations of the residents. However, there was one concern from the meeting which was on the community facilities that were cut off by the perimeter boundary. 1st August,22 4 26 National Lands Presentation of theFinalize the list of 2016. Commission Reps,findings for bothbeneficiary during public Technical KISIP officials, social mapping stakeholder consultation on Stakeholters County Government, and environmenta 5"' August 2016. meeting. SEC Kaloleni; ssessment, draft Also declare cut-off date on Board room National Governmentlist of beneficiarythe same public meeting to of Chief officials and draft physical keep away speculators. office Lands mapping reports Kisumu County nd 82 36 118 Community members, Presentation of the Finalize the list beneficiary Community SEC, County findings for both Cut-off date declared; Meeting/Wo Government, KISIP social mapping Community accepted the rkshop officials and local and environmenta findings of social mapping, 2 1h August administration assessment, drafl environmental assessment. 2016 tis-of-beneficiaryVision-for-the-settlement- Chief camp and draft physical formulated. Kaloleni mapping reports settlement. 5' August32 12 4 Community members, validate and The stakeholder's workshop 2016 SEC, County finalization of listwas fruitful in terms of Government, KISIPof beneficiaries addressing the concerns and officials and local and provide a way queries of the residents by administration forward for nextdifferent stakeholders of the stage of planning settlement 6th June PAPs SEC, County Validation o No major issue raised, PAPs 2018 overnment, KISIP Asset register, confirmed their details in fficials and local discussions of theasset register and accepted administration entitlement matrix the entitlement matrix 2.3 Preparmng the Base Iviaps The preparation of the base maps involved several steps as explained in the following subheadings. 2.3.1 Identification of Perimeter Boundary In the settlement, the assignment began with identification of perimeter boundary with the assistance of the community members represented by the Settlement Executive Committee (SEC) and County officials. The perimeter boundary of Kaloleni informal settlement was identified in accordance with the ground scope of the project (Error! Reference source not found.). The turning points of the perimeter boundary were surveyed with GPS and later harmonized with surveyed boundaries of abutting parcels. After the boundaries were established, the area of the settlement was determined as approximately 7.25 Ha. 6 The community were involved through a series of public awareness meetings to discuss the boundaries and give comments. After this exercise, the next step was to map all the existing structures. Existing land use map of Kaloleni Informal settlement is provided as Figure 2-1 below. Kaloleni Informal Settlement Existing Land Use -AIM, Figure 2-1: Existing Landuse Map of Kaloleni Settlement 2.3.2 Mapping of Structures Mapping of Structures of the settlement was undertaken by dividing the settlement into four blocks (A, B, C, D) (see Error! Reference source not found.) for the purpose of enumeration and mapping of all the structures in the settlement. Each structure was then allocated a unique reference number, for example KLN/A/l - first structure within mapping block "A". For each structure, the following details were recorded: * Use of structure, e.g. residential, commercial, public utility, etc. * Nature of structure, e.g. permanent, semi-permanent, * Type of structure, e.g. single floor, multi-storey * Coordinate I.D. - a unique number linked to the UTM coordinates (X,Y) of the structure. These coordinates were measured with handheld GPS equipment whose positioning accuracy is at sub- metre level. 2.3.3 Preparation of Digital Maps All available survey plans and Registry Index Map (RIM) sheets were collected from Survey of Kenya and the Kisumu County survey office. A copy of the approved PDP for Kaloleni, i.e. Reference N9/94/15, was also obtained. The purpose was to prepare digitized Maps for overlays for final preparation of the settlement. 7 All the available uses from the list above were explored and noted for each land parcel on base map of existing land used presented in figure 4 above. After the field visit, the land use related information was put into the GIS format and in this way the existing land use map was prepared in digital format. NB: Analysis of existing situation was done and proposals generated based on existing gap identified. 2.4.2 Preparation Proposed Land use After analyzing the existing land use of Kaloleni, the proposed land use was carried out considering the ground situation and future status of the settlement as a high rise residential estate. Table 2-2 and Figure 2-2 below shows the Proposed Land use types. Table 2-2: Proposed Land Use Proposed Land Use Area (Ha) Percent (%) Residential 3.56 49.10 Recreational 0.06 0.83 Commercial 0.2 2.76 Mixed Use 1.66 22.90 Transportation Network 1.77 24.41 Total 7.25 100.00 Kaloleni Informal Settlement ProposedTEand Use LFgrend Figure 2-2: Proposed Land Use 9 2.3.4 Socio-economic Survey Socio-economic survey, mapping of the settlement and its habitat was then undertaken and the end result of the assignment was: * Identified, enumerated and verified list of beneficiaries; * List of all existing structures within the perimeter of the settlement; * Details of use and nature of the structures; * Lists of numerated structure owners and tenants and their households; * Issuance of the identification cards to the enumerated persons. 2.3.5 Topographical Survey It is imperative that the horizontal accuracy of the base map matches that of the cadastral surveys which was carried out upon completion of the planning process. In order to ensure such accuracy, control points indicated on the acquired survey plans were searched for and recovered. The recovered control points (Iron Pins in Concrete Underground) were used to establish new controls (IPCUs New) for use in topographical surveys as well as subsequent cadastral surveys. In the absence of a nearby national benchmark, one of the control points was given an arbitrary elevation as datum for height observations. Both Real Time Kinematic (RTK) GPS and Total Stations equipment were used in carrying out the topographical survey. The following features were surveyed: buildings, existing roads, lanes and pathways, trees, power lines, drains, water points and any other natural or man-made feature pertinent to the project at hand. Contours were generated at lm intervals. Slope rises from the south-east to the north-west part of the settlement. 2.4 Base Map Preparation The culmination of the above steps was to enable prepation of the base map which would later be used for the subsequent physical planning of the settlement. A digital base map of Kaloleni informal settlement was prepared based on the overlaying of: a) Existing PDP; b) Existing and authenticated surveys within the settlement; c) Existing surveys which have been submitted to Director of Surveys but are not yet authenticated; d) Structure location data; e) Topographical features; f) Contours. Transect walks with SEC members enabled verification and delineation of the settlement boundary and also to identify open spaces and public assets. The overlay and ground truthing enhanced the correction of incoherence between the draft LPDP and ground situation with some of the road network without truncation or part of the reserves occupied. 2.4.1 Existing Land Use The existing land use was mapped based on topographical survey conducted. The base map was then taken to the field for validating plot level land use including the following: residential use, commercial use, transportation, mixed use, educational use, public purpose, public utilities, park and open space/ recreational areas, un-development land and industrial use. 8 2.4.3 Selection of Suitable Development Option Three development options were explored for Kaloleni Informal Settlement: Option 1- As is situation: This option assumes that development will happen without any intervention of infrastructure and services in the settlement. If this option is followed then the current gap of infrastructure and services will further increase with the increase of population in future and settlement will remain without the land tenure security. Option 2- Ideal Situation: The ideal option assumes to create the ideal condition of development in the settlement by providing adequate infrastructure and services along with land tenure security. Under this option all requirements of people are assumed to be met to provide the ideal living environment in the settlement. Option 3- Practical Situation (Adoptive Planning): This option assumes the all-round development of settlement considering the ground situation in terms of what is feasible and what is not feasibility. This option also give due consideration of community sensitivity about the development. The key features of the above mentioned three options are presented in Table 2-3 below. Table 2-3: Selection of Suitable Landuse Option Indicators Option 1 Option 2 Option 3 As is Situation Ideal Plan Viable Plan (Adoptive Planning ) Land-Required-for- No land Land-taken-from-people-for-- Utilize available-land-&- provision of Services required development of infrastructure infrastructure facilities Cost Involved No extra cost High Moderate (Cost effective) Social Impact No PAPs Relocation of people, assets Relocstion of structurs only nd disruption of livelihoods; Structures affected are the The potential PAPs may not those partially seated on road agree to leave their land eserve. considering they have been given allotment letter Environmental Impact Negative Positive Positive Achievement of Not achieved Achieved Achieved KISIP Objective to Deteriorate But requires relocation of A few assets will be relocated "Improve Quality of further some Householdss and therefore People/ Life." Development Friendly; Improved Quality of Life After analyzing the strength and weakness of the three different options and the community's interests and needs, Option 3 emmerged as the best option for future development because of the following reasons: * All the plots in the settlements have been allocated to the beneficiaries and there is no extra land for allocation. However space for public utility as indicated land use map figure 2.2 is available and the title deeds for the institutions will be issued to the County Government. The road reserves are narrow in the settlement, however, through adoptive planning, accessibility to all plots was achieved " Through adoptive planning, the wayleaves and road reserves for infrastructure services have to been provided provided, this was achieved through consultation with the community members at all stages of planning. * Under the selected scenario 3, there will be delay in achieving the minimum road width. However, the LPDP has provided for development control to be implemented by Kisumu County, through this initiative easement width will be acheived through easement surrender by beneficiaries planning to develop. 10 2.4.4 Proposed Infrastructure The infrastructure proposal of each sector was planned based on the existing gap and the future gap. These sectors include: Transportation Network, Water Reticulation, Sewer Reticulation, Storm Water drainage, Solid Waste Management, Street Lighting, and Fire Hydrant. 2.4.5 Preparation of Final LPDP and Development of a GIS/LIS Platform In addition to the existing land use, a list of beneficiaries was prepared and also digitized into the base maps. A database was prepared which links the beneficiary list with plots and hence the rest of the plot-specific spatial information. The resulting GIS/LIS platform will be enriched with parcel data upon finalization of the cadastral survey procedures. Thus, in addition to the layers/infomation already listed previously, the following info was included in the GIS/LIS system: * Parcel numbers and their areas; * Beneficiary/owner and particulars thereof; * Title references; * Land use; * Topographical data; * Thematic data. The core objective is to regularize the settlement and assure land tenure security by refining its layout in terms of road network for efficient use of land and reticulation of services with minimal demolition/displacement in accordance with the aspirations of the residents. The primary considerations for deciding the spatial structure of the settlement are to meet the demand of current and future needs, circulation network, green and open spaces and to protection of sensitive areas. Thus, the LPDP focuses on following aspects: * Promoting balanced growth; * Making provisions for basic infrastructure and services and promoting nonconventional energy sources; * Enhancing non-motorized and pedestrian circulation and providing free access to all the plot in the settlement; * Improving local economy and living standard; * Integrating the settlement plan with town plan; and " Facilitating processing of lease hold titles. a. Final Development Plans Preparation Before the submission of the final LPDP, SWOT analysis was undertaken. It involved reshaping and concretizing the vision for the LPDP with involvement of identified stakeholders as well as restating the goals and objectives of the LPDP where found necessary. Key activities undertaken at this stage included: * Further verification of land ownership details; * Alternative planning scenarios and concepts developed; * GIS Mapping of plan proposals; * Formulation of alternative development models; * Stakeholders presentation and invitation of public comment * Selection and revision of most preferred model; * Development of Strategies/Concepts for various LPDP components. b. Approval and Gazettement of the Final Local Physical Development Plans Once the revision of the preferred models is complete, they will be presented to the County Government for invitation of public comments on the Final Draft Plan. On expiry of the 60-day period provided by the Physical Planning Act for submission of such comments, the Kisumu County Assembly will publish the Development Plans, which will then become the legal documents guiding and controlling development within the six settlements. The approved Plan shall have full force and effect in its area and every person shall comply with it. 2.5 Preparation/ Updating of Survey Plan a. Collection of existing Survey plans and other data Survey Data was obtained from the Director of Surveys (survey plans for neighbouring surveyed properties) to be used as the datum for the new survey. survey controls will act as the datum for the new survey. b. Selection of Locations for Establishment of New Survey Control Points Locations were selected for establishment of new control points throughout the project area to serve as framework for the new cadastral survey. All the selected control points' locations were inter-visible from one another. These controls (IPCU) were monumented using a cantered Y12 twisted bar (275mm) in concrete (200 x 200 x 300mm deep). c.TheoreticalComputation Using the approved development plan theoreticals were computed which resulted in coordinates of the corners of the boundaries of the informal settlements as well as the new sub plots. The theoreticals were computed with strict adherence to the survey regulations. These theoreticals were then used in the subsequent placing of the corner beacons of the individual properties. d. Establishment of New Survey Ground Controls by Traversing Using 1" reading Total station, traverse(s) starting were placed and closing on the identified existing survey ground controls/corner beacons. The traverse(s) observations were adjusted as per the Survey Manual and more specifically using Bowditch method. An accuracy of not less than 1: 10,000 were maintained. The traverse(s) were reduced so as to obtain the horizontal (X, Y) coordinates. The reduction were from the known corner beacon and closing to the other known corner beacons. A list of coordinates for the traverse points were then obtained. e. Placing/ Re-establishment of Property Corner Beacons From the computed distances and bearings, the positions of the settlement's land Corner beacons was established and any of the missing ones replaced (as per The Survey Act, Cap 299) depicting the boundary of the property. This was done by occupying the already coordinated traverse points with a Total Station, making orientations before placing the beacons depicting the property boundary. Using the same process of occupying the already coordinated traverse points with a Total Station and making an orientation and adequate checks, all the corner beacons of the sub-plots were placed to their correct positions. Adequate independent checks was administered throughout the placing exercise to ensure that the correct data is being placed and that it is in line with the approved development plan. f. Showing of Property Beacons to the individual landowners After placement of the corner beacons for the properties, the beacons shown to the beneficiaries who after acknowledging signed the beacon certificate. The members of Settlement Executive Committee were present helped in this process. 12 g. Preparation of Land Information System (LIS) At this stage the RIM information was added on earlier prepared GIS Database system (with information regarding mapping of structure related to enumeration, use of structure and nature/type of structure; and household information related to demography, income, occupation, etc.) and prepare the Land Information System (LIS). The LIS was prepared in such a manner that it contains all possible information about all components of project including beneficiaries, structure, local physical development plan, RIMs, etc. The LIS which will integrate all components of the project will be used during the project implementation by the implementing agencies. h. Preparation and Submission of the Survey Plan and the Survey Report to Director of Surveys The survey plan(s) were prepared and compiled on acceptable and appropriate scale and survey report together with field notes (as per the existing survey regulations) and submitted to the Director of Surveys for checking and approval. After approval by the Director of Surveys, the director will prepare the Registry Index Maps (RIMs) for Kaloleni settlement. The RIM show all the surveyed plots with their unique plot numbers and will be accompanied by an area list showing the acreage for each plot surveyed. The director of surveys will then sign and seal the RIM if satisfied that it meets the requirements of the existing survey regulations. 2.6 Safeguarding the Settlement from Land Grabbing During the planning, surveying and identification of of beneficiaries in Kalolening Informal -Settlement, -land-grabing-and-impersonation-were-pre-vente-by:- * SEC and close community involvement to identify genuine land and structure owners. * The declaration of the 'cut-off date' for eligibility which was the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as PAPs and be eligible to Project entitlements..The establishment of the eligibility cut-off date was intended to prevent the influx of ineligible non-residents who might take advantage of Project entitlements.During further verification of land ownership details, the PAPs were asked to identify their neighbours so as to avoid unkowned people benefiting unfairly. 2.7 Issuance of Titles and Compensation The issuance of titles will be the next process in this tenure regularisation process. This will be concurrent to the payment of facilitation/compensation to PAPs so as to encourage them to move and clear from the road reserves. 2.8 Sensitization on Security of Tenure More community sensitisation on land title deeds will will be undertaken to make sure that members understand the range of opprotunities that come with them. Community sensitisation meetings will be a continuous activity to raise awareness and educate women on their rights to land and property and decision making. Specific sessions will be designed for women, and women-specific awareness campaigns rolled conducted as well as campaigns explaining the law with regards to women's land and property rights. Also equally important is to educate men - about their rights and responsibilities as property holders and the rights of their wives, sisters and daughters. Husbands may be willing to put their wives' name on the title if they understand why it is important; and fathers may want their daughters to inherit and may leave explicit instructions or may even choose to gift property to their daughters while still alive. The Kenyan Constitution recognizes three broad categories of land ownership- public, private, and community. Public land includes (among others) government-owned or occupied land- "The State retains the right to regulate the use of land "in the interest of defense, public safety, public order, 13 public morality, public health, or land use planning." Note that the State has the right to acquire other property for a public purpose or in the public interest provided the acquisition is carried out in accordance with the Constitution, which requires prompt and just compensation for owners as well as good-faith occupants. Private land consists of registered land under freehold tenure and land held under leasehold tenure. Note that Kaloleni Settlement residents will be issued with leasehold since the plots are in the urban centre. Private land owners have absolute proprietorship and the rights of exclusion except in cases of compulsory acquisition by the Government, as outlined in sections 107- 120 of the Land Act, 2012.[14]. Community land consists of land legally registered to a group, transferred to a community through a legal process, or declared community land by an act of Parliament, as well as lands traditionally occupied by huntergatherer communities, lands held, managed, or used by specific communities as "forests, grazing areas, or shrines", and land held in trust by a county government for a specific community. The titles for privately owned land can be registered as: * Single/Sole Ownership whose transfer to the rightful beneficiary is lengthy and costly in case of death to a family member whose name appear on the title. * Shared Ownership where two or more (max 5) people's names are on the title -when husband and wife's name are on the title its joint ownership. This is the form encouraged by KISIP where the demise of one person leaves the other automatically as the documented benefiary. Note that- Kenyan law recognizes joint tenancies and tenancies-in-common, with joint tenancy only available between spouses. Under joint tenancy a surviving spouse is entitled to the entirety of the property;_th IR A nd Act provide that on the death of a joint tenant the deceased's name will simply be stricken from the register if a death certificate is produced. Property obtained during the marriage for co-ownership and use by both (or all) spouses is presumed to fall under joint tenancy, although the presumption may be rebutted with evidence the property was intended for sole ownership. From this information an LPDP (Figure 2-3) below was created with the aim of tackling urban decline and to improve quality of the built environment and quality of life 14 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Introduction This chapter gives a description of the Laws of Kenya whose requirements were reflected upon in preparation of this RAP report. In addition the chapter also describes the provisions of WB OP 4.12 taken into cognisance; and, makes a comparison of this with the Kenyan law. This chapter therefore describes the relevant local and international policy and legislation that are relevant to the resettlement of Project Affected Persons in the Kaloleni Informal Settlement. The planning and tenure regularization may trigger impacts on peoples assets and sources of livelihoods, however, land acquisition is not envisaged as it is public land, further more no one's land (as currently held) will be lost or redused as a result of this project. There is therefore insignificant potential for land acquisition as the proposed projects will be undertaken within the public/designated way leaves and reserves, and public land reserved for such purposes. 3.2 Supporting Principles In approaching rehabilitation assistance within the KISIP, provisions of both GoK and OP 4.12 of the World Bank-wereapplied-and-where-gaps-were-encountered,-additionl-provisions-in-mitigation-were identified. Additionally, project development were firmly anchored on principles aimed at mitigating displacement impact as follows:- * Minimization of Displacement as described by KISIP RPF; * Enhancement of benefits and Livelihood Restoration. * Assistance to vulnerable groups. * Gender Empowerment and Inclusivity * Stakeholder Consultation In order to mitigate the negative impacts of displacements of affected persons, Govermnent of Kenya as well as international institutions have prepared guidelines and safeguard policies to cushion people from the potential negative impacts of forced displacements as summarized in Table 3-1 below 16 ь г � r � ^ � > � ,b � О О . � , сод ,у � с�д 4. � �й � о � b4 bA �+ о w у �' А Е v V � � > b и .V ��j, � � � � 'b � � � р Q О�'� �р сб ¢, О '� N Q `i' � у а1 сб �1. V � � . � 'С7 ,� fo. У. и у� �.� •� аэ .С н л s.. .ti b О � � и . � и „� .о bA .�и • � W о � Э н" .'_' �� п3 �� у � 4-� а°�i � .� bд '_' t� � ,� � О с�б С � О U О''б CL ''' о , С � � о я' � -о о � � �'' р р � 3 � � � � С р ��,у р a�i й о у о °' a�i �' °' °' _ .а w ьn � а .д . � � � я� � у и� G с� $ о и о t� � •N � � и р � � Q. � б и О �' � � о � � .о •`*" � � й � о � с°�i � i о :fl 'b о � N� О и��0 iб ���� N ,и й� 0 V � 'С с� � .� .у сб ¢' с� � :� ^О н � и.� � сд .ь� �, N о пs и С f�. с� � b�А bA • Q N А с>с � с� ,-с .�'О i� .� �, О О р�� _ь.� пf ,� у,р, � � �О о с�д р О �А й �L � � й vi � ,b � о ь. .b „С7 bA С Я.� � _ д И � � у Я и ' N.о О � V о � рр ".' сб N � Q" п1 � ' О � ��„ ^� • � V сб ' � � bA и F д .; �б iб О С � о � с�б и л 4. ' р � сд � �-' � N }+ и с'.'' N,С .С � о0 '��1' U � � N U О '� �� й�� ы-+ � о��. и о о У� '.. � о С�. ,... �' `*" � � о .У а� � й а� � о л.-: ц� � �С bA пs � v N .,�j_ р s"' � 'b с'�С � N � 'С ^С c�i � � � 'й f3' � гд_о rv у.. р s: N о �+ Г-L р L: G' R�ч N b• ), О ��" й � с�б р'""' f.�]. G1� N -�у ¢.� О s.p, с�б .��.. �,� �� �..,_ _ A1-aL� .уΡ��..��� у b bA � Сб Ч-� V У вЯЧ ��� �- __�� .� -иt_.Ч Q% У�-- �.. о � ° � � р '� ' G � � ,У � оо ,•��• � � ,г°„ 'д '' � � а-� А и 4. 'О . о bA р. "' � '" и о о+� � т ,_, л й °� i.а ч.. 3 �� .� � а � а �°� v е� � и ор р., д о сб в' :'✓ а� ¢ ,� сс а� 3• о �� о � L ro S °о '�, ~ .� � '�_ `� л � .� � о о � . � о о а. � � �•� � ��� � � ' � р � vo � � � 3 � р. � ,'"'_, � и � . � о о о r1 га � и�+ . и ..р>• гС � й и � � О; � � t�.cC. О О � � ш N С�� О s. � �'�G р гл ..С '_' А. � н О с'''�д >t >>с � р t]. ., � у� соС и О С � � � � � .о � ' о й ^ о � N � > � О соС t�.� й � сVб О � �~ G1, � Ср.� '� 'U pQ � о � � 'д s.N. � �' о р � р � � р п3 � � � 'С и • � т ,�. ^: "С� � � • [� N О � ~ � � й О U i" � 'б � api у с у О д • � ,С? Q � � �у, р � р' � G � ¢, � � � � � О � О'b � и Q iC � О сб и О сб .� и о Q о и Q"I '' N �О и р,•, .� �-' р �N р "У �� С р у п3 iб �,О с.� �. • � С� У у."' а� "� р � G N 4. Ч� :� пг �р �.а-% w N Е� �.. ' и �ч О О сб �'"' р � Ч"' О р U � .Г.лi �'i � о'� и � :CJ N .Г+ С"" ,�' .с. й �� и � N �. '� � о й v с eeS •� `'''' с> а' � О й N b � с� �� и j а� � и �.� о О N й и 3 С.�. 'О и 4. > р� р сб с�.. �3 �� и I,�„i „�, � 'О �'''' р О Я N О О N .b О р V• .� L гъо > О � � ¢+ � q N � V С � � о � � � . � р � сб • � bA +' о � О N сС .� .� -�у .SE > bA � О у О> ь�+ ,�д О N� сб � > � � � У. >, � и р ,� � г�. ��• ,у '� � о � 'у � � о � °� о*� ' 3 ° � •° ,.� ?� 'с й � л � � � л � ,д и .у � о у п � .N 'д Q � '� � � � гд р А � . � о �iA � � 'b С >; � �р., С и � ь.р, д � о � ьрr ..yi сб � :� ,� � • р. � � �iq (� .�р" U у � с� U -С c�V � U �. � '��° с р" а' С � � ' � �; � � р а>i � � °' в. °' о `° � у о � ~ 3 � � rs. а� . й о и � w � � '� � '� �, '� ..о '� ,.., '� о ш '�^� 4= � • �с С, � � � о � � � � О а � � � р.,, с т С�б �r L]. О w У о л "_ го с � bд � С .. .., о � � О •� � с f9 У ... 1� �л �•L+ч '_' Й � О N О ••• ,� N О � � ,,�+ У с .:.i � о° и> cV о^� й 3 о м� s. о � а а U° о'3 у � U а✓ °' � 0 р-' л v.. � .. е'�е а � • ° ' � .b й � � � � �°, Е, о.., � х � L � г �. 1 Г �� � л _ и и О � 4-� � у� � О � � О'б У � N сб ° � � и 4- ( р � � f3' �б � � � iб tн ,� О N � О � Ол U О I N б°� w ' О 4r z `л > N U N �!� � пS �О ! �О � 'С , � сб N [б G � .., � ,b �, и N � А .с� � ^О °•у U• N д и� О.у v ш ❑ � л ( г+ � ��р � О � у�.й b j р � � и V О со 1 пS � и.� и bД �'С .ь�.. �Л � 4. к'Cbfl Ч�''�-+ N � > � N й й � сVб ..� � д�Д с�д 4сд � О й О'". .� у и •У Q • � сб N +� . _ О ° ° U р, у � • � ^' � . � N и 'гJ � � '� � � � ° с + � ° с�б � N � и � ° � � � G � �"' сб и � ' �q А. й � и � ° N N N � ' � � . �° � `°" а°�i � � b � У � G • С � • 3 -д -д �, о i �' 4? з." и р � � � � �� � й н � � � г' '� � � � � � � � � и � и � = и ° •и U � и � � ° � � � ° � ~ � � > � С , � � � ° �..� . � '�:+ N ..�� � ir .у i„� � N � '�.. 'д � �'�„/�,,, iд ь�. � У 4-' .� .� ° V � ш ; > о .b � ьд � н с й о�'io � � о ° °л 3 �' � °�,' . � � ~ � � •� . � .� и °✓ � � .° � � аиi о и � С о �р л а> .�-v й 3°? -О � са 3 о°A ,� г�1 .� ° у и rn ^о � 3 � DG � . � Q 'L7 � �.. ь.°�. ': :б � ,., й .� а� о "' ы и N N,., � ,� � ° у� О пi [-� р, iy • 3 � �а -о о 3 ' � °s.,' .о ° � о • � -д °' � ч� � д д � 'n .� о � а� � � � i -о гv и � �, и ° о .� '� � �• 3 � . � и �, г�. а и � й сУб iб '� � и +�•' N � � � � � '� .С 'б � N с . О � N � � '� '� б '� � .b � � � 4ч и � �" с°б "и � д у N_ й $ °� `� ' г' .д � �- ЬЛ [-�-� � й а� `б � � '-а ' � '� а. � и � b � `'�' пs 3 4.. � а � � О � •О � � � 3 т 5л � � ° � :� `" у и 'b � � � '�, � а� о � � --- - � �- �-�--�, о--�--о-- -°'с-�- - � °-о-�,��- 'са а �- 3-л- , й � '� � ,� � � a�i � �> ° �3 � ' и йо о z � -д � ° О р. iб „q и �.+ � � и � У . � � � N ь. ; � � � ь� и � ,� � О Q ui � �.�. 'U у • � С1� ° N 'О '� bA � � О �'�--. N " � � �`, г�е О SA �. 4ч � О р'б 4' ��О ° N и '��' N у.� � i.°., и>, О N � .е � � сbд -р � С' > . А � О N ь� � F" 'О 'д � � � N пг 'О � ш b ° � С и ° � ° о °' 'у 'v b � N с д ° v о � :Т� � � о � � �. а, 3 b � и.� `" и•� N-С д � у° р, к�. � w, •`-' � � � °у.,' сб � ° �д � ,�а >, � � и ° ,� �"' � ,b •b ° � т . � л б а � й � й � � �-•� � :� � ° � У й .� � � С � � ^ у сб О�:.б ^С � N а� iG 4-+ N N н`.'' и О �_а ^б � и � .� b- и� � ь' L,i сб � ., N С'� р°,.р ' j С�О и' р• С �.�. � с � о; � • � � ° а �, й � `'� о • � � 3 °s.,' La�: а� .� у ' � � �у" >, о а,' о �- ° � ° � � � пк у ° °о � � � � � о � F"' > � ° � ~ � � � ° а '� � � о •° � b �о � � i к '3 °A � � � � � � ° г N � О О и а� •ti +� у у� 'b �' � ii �� л U .� р� й й Ч� .� ра U� N у N. j р� и .��.+ > .д С " dS � N � N'b О � и 3 у Z'�Е О �•� �' � '� �.-' 4ч 0'� oN �� У с��д � bл пs о.v � А � `л . � О р, й . � О � �.'� iд bA • � j •ti • � и `''"' с� у a�i � � У ,� ;� � 'с >, й � � � � � 3 � � � � д о а°i `� ° о � � • ° � � N "" " и +.� и ;, �. w .b � о °' ,�у . °' � � д � о .� й •° v °�,' ч° °' q �5 b � a�i = v � С � � а � , � � a�i и � � � � а� �" ь.�. �, w � � Q. � � г�.., � � й � й � � � .� � � и � N `� � . � U й р :-� N О� � f�' О � 'С о о ;� � д � +� а� у�,, у ,.°�, . � �_ ° и � � ' � U .� tL .� `� N .� � � и 4ч и. сб и и N -q сб +' �+ N сС � � � •� ,О � � � � � � и V �.�., •� � � � � � .� � О � '-' н � о ° V д � s.. с� '3 1.; й � М � � и b .� N •U у � � � -С и • � и bд � "с� �, •,., J � о ,� � � � 3 :� са � � � � о о и�' �'q '�• О� iд Q ь. � и N � С. 0 Z 4? � О н � �^б t�• с��а ��.b .� У'"'а ' Q" ^ a�i О�� Q" � й� � о N -� N � � � Я `"" '� ,� у .� � � � у .� ' � � � i N .� � � н ° с .-. г/� о � с� � и v ОО д ,j г°ov-� cv .�. о а � � О т о .° о а v � � ?� -С +-� и О v С г�i � . гv � д � � а 3N пs � � Z' й °с_ 3 а сд и о ь-� . "'.� у� ' ' С _ •° v � � и � v � � .� �а о .� ° � s � 7 �I � I У р . � � о � > У � ,•-. .У а .а Q � ° ' � �' � ° `� � � рЛ pQ ''�' '.ь � • � С.' � �+ � bд � ,Sч" � .� с`"' � Я С у bЛ N t-� .� � й о s.и. iд � сб � L�. � о �" я' 'b 'С t..' у р t�" iб bA N � N � b'.�. ' С О Г�н ' м -о о � � й о � �' и � 3 � � '�о о � ... а ... � ^ � � � л � ,у � •� о � � и � � � � ° й � ' � °' • о �с � � .b ,� � й `� • � °б' � �ч , р ° и N О ,� N t1. v � и��, у'Б�д N.у р са 'v i , � � � � и и � N у � �; и � й ь°-� � ь. й � � Q 'О ь. сб ,_, DG �� N ° С° 4-� р О о N cQtl "' О" и N р 3"' � 4. i�. � N � о• о й' N'� '� � и и а,, � ° у,у�• � и V t"� и сУб sV.� � � L. и N � 'у у О � у N Q! и й � �-• и., � V у '� � ¢, �bA . � � • 3 'n р � а, b � �а й ьд й й о о о� 'ti °о �� о� •� й�•а л а о U t-� � й �+ г*'' UF � +р-' ,� 'б у •_ �,О � у v и � � 'w ts' сС •у � С N р 'j N U^С v'д А'.� 4" N н и=б �bA р � у сб •� •� N� у� ,b 'й с�б 'С 4. �> и.У Я � О й. р N^' � °'� bд � о и л у � й � � 3:� О р �'д сб ,�, � и й о'� и Q� � .� о у и� .-+ > '� срд й �.�. и..у С? ��" Г.р.�, О• о о t-� о `� '� у � .� и ° � � а a3i i ° ..о �. 3 '? 'b �'" г�, �' о й '� U й о сб 0 ,� • ° 0 й a�i ° `� � � � .У � ,� �,, a�i • � р '� •й � U с�б V о у��°� N`� О р� U� й ,•о у о у,р� ^С � [ь., � у., � � , � со ,.Я � ц. о � .,� о • � ч ,� й р срб ч� й �,� и V• и у и � � g о� сС ° ° '° � .° ° •� � 3 � о � •�л � � •� � � � ° :� о � о � :д �' ^' � � . н � а' �, � � -д ,� � �' �д р. � а� � с � `�л � О р � � и � � � � � � � ''' о � bA й ои � � k� р о �_� � 3 � � � � ,� р - - - аэ :� --� Q-�-- '�-с� и �' 'n-. � � - а`'r - га � � О р л� у�• � й д' р ..С ..� са � у�.о � � с� г-1. о � н й • � у г+: ��� 3 F" 0 р'� °" �д v ' � 3 � �+•" � � �ьл г ; й � � `° о -о � о 3 �з о -д � b о °' .� у ч� .�'� и а� и� v•'✓ с�о >, � о й р� � 'б � ~ U у � � � '° сб � '�'О � � � � .�. � ^ ^С1 � � � о � � � � � О � • �р � О С v' р о .м.� с°б � U N � � z р .-. W � � �' ' й О � � � о b N� � й,� р 4? р �,е? ''"' и ^� � О.� г`�v � °� U U у р � U� сУб N� �+✓ � и� и 3 о.� � iд л й Q н и s.. Q� N �... и ои . � ь°-� и N'b . и;х .b � � т � О � N О У•�, � iд й � � у'рд � с� v � 7� � v> '� • Eq N� О N°' � � и т ' й � + и �••' • и и ° � � api � о � � ~ ° г+-Г • � ° � � Р� и � а� й _ v п и 4-� U �р � й_ ��" V] v Ч ¢, 40 и у о Я� s.и. р� УО �� с�а iд т` а„ � н н � � сб сб у s.� � ... 4.. а у О ��� у•U iб •� •� .а: �.� р у о й i U и N О � .с � �•' U � b0 .� � р bA N у �+' с�д � ' � у �, � � Q • т � р U '_' н у � ' О • � +,.�-+ 3 ^ � � �i �А и � � � О >' с д у •� � � � 'С О сб � 'д � � U ,.С а4'' ,� � � 3о � � ` и р � G л с+••� о L�. N b,�б р^ о и_ �i и�� � N о� � �'ап су � � ., О С7 � � $ � � 'д 'д р `� *" '�г "' "' t�. U � � �1 а� р N А^С а� а� о пf 3 �� р р N 4. �,у ❑�р сб Е-' й й ь" ,� и о � Q' � н � у о у .у о ь, � О.--� р о� р сд �1 �. .`� О и � г�оч t�-� b°А сб �'� W � � с�б � С. V N О О у N�^'у 'ГJ р � с L � _ О хсд � � р U � �у й N �t'" -� �' � рр •+.�.+ •b l� • Cj ; � О � т '� +' � .у о ,� N� b р, '-' U р N 4, и � � � � � � �' � 3 � � v � � -° Q � � � ° ° � й � ° °�' �, � s� о й ,� � О � с3б о s." � � '-' о � ° LZ' � Q •� � о ' й `-° й о л о � о �,, � w' о о � С+� а� bд р с� а� `''-' ° р а� �.уΡ �..� � U•� р'� и � с �' Lтч и U N у � � и о '" и и � �� U �. и � о �, с � V � о у :b � р',Г",� ° U � р сб ь. sp. ы"'- � �� �' :' й s� �., У о s. . U t�. 'б 'О Q' О О b,�i � сС "" � О 3' '� о :'" � � � ' � � � > � ,� �° о '� � О О '� � 'о � о •� � л .° > � n д +� � � V О s т .--� +=' И у� у м � � и . ° � ,-• ¢ й л •� � р V[� ГV рр �' N �+ и � `'� 5 о �'_' °� и 3 о ° v У � W с� а�° � оОд г'" �с �б ¢ � � U р Р. М � � `_' У р� д, о¢ д ,�• о �� 1-� � N •�" ° � •р О о •у и ы G W о о о•� й = Е �.ti•� U j � сп с� w >й � � 'b � � � � р .= о ,� � � 'С � .С � о �+.� .о � ,�,7 �-] 1 1 � i I о а ^' й о� � v р� ч° а а � ' ' � ? и � � и + . О N � о '� � � Gн � �. i > �' � '� � � � � � А. � 'L7 4. р "С у о �1. ° � � 'G и � ° ,.., О '+--�-' � у • i � U � V „з й '•�-�' N и й п3 N н . ¢ �� у С О у.У О t�. � ¢ °�' ; � :.с � �° о, л ' i а� 3•b с�. � й р р у•У � о � Q. � � '� � �v о i "' � � °' о �� а.а °�' О ,� г'`"' � � +' � � ' •' и 'у '••' Ч N О у р, �,� и U "� и и г� N •.� и й U � ° � о�� ь.. �а � ¢ � � � � у о �¢+ у -С р 0• S�+ у й N °.гу ,� м у 4-� U• и � х у F, ^, � ,b •,., •5 �а о и• а о ы �; � •: `*" � о N и N 'U �� v О � �" U О � � � й ,О � � Q� �' ;? .� ,� ьа-� о ° , N � .у � � � � � .и.+ � s-� .а; � �� О° о С_ f.°.i. �. � °°�`i' t1. �. U Q � � ° � пs � t�" о � 'L3 N ° _ �" 3•ч • �+ о ,_.., _�" N , °---0-;-W _�+ - -- �у у О р У ° � � � у pUj . s.., � �. U у � t1, у, ,--. 4ч 'о о .b а � � °3 :� �° о. й � � � � °' � � л b •� � °' • � � ° о .� о °' '� ,� •-CbA `л р� � о у р w f1, пs � N � • � � > � � �'" о i.°. . � ^' � у� ^� � ° � . � ,4; С о� �. С7 н�°,�' . о о�`� й � ° й � • о � .д � �v о � � о • о � .,: о о �Т" °' � 'b � � ° а •�s .� 3 " °' а `° •� ° о � �, � � ' С ..С и и" � ,� у� � • � а� � й � � .д � � � � о �' � � � �, � � у.� °и' с� •° � и о° у� о.о 'б_ N ,� U .у .., и � V � N и� о� р�+ •� о.� � � � й р � �. СА � w •� „ � .� с�д �.+ � � v ° Q •� � и � � � � о � й" О � Я � о •� .� � • � N •� U .,.и, о � i.. N N �*+ � � N ..С с"С � � ^°� О b � � • � .,_, +✓ V и � г� � О й � � � 'b � bA .� 'b О 'b .� `� ° О „� � � _ N V` � �" Е-' О � �''о о �-д� 3 ° � �� у л у �; � R+ N й LL G�. °� с°С � �° у°j ь�i �'� b bA й й О > � � и � b о v� у U� у> � О,� '� 'С с�о > •О '� � ° > •� .� о � О О � ° s.. � � •С о � V .� . > s., t..� � � ° :, N С .° � � у � � � с�б � у � ¢ No � 'z 'l7 � V д � � О й � й .ц Q�� U Г� 3 •й � � � � � N ¢ а � •� а � � � ° � � � о о � � и w � о� U`� v° а., о и ° � �� y�j О� U О U� О 3.3 World Bank's Safeguard Policies The World Bank's Safeguard policies are designed to help ensure that projects proposed for Bank financing are environmentally and socially sustainable. These operational policies include: environmental assessment; natural habitats; pest management; cultural heritage; involuntary resettlement; indigenous people; forests; safety of dams; projects on international waterways; projects in disputed areas. 3.3.1 OP 4.12 Involuntary Resettlement The objectives of this resettlement plan reflect the principals contained in the World Bank policy document, OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations involving involuntary taking of land and/or other assets. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Specifically, OP 4.12 states that project planning must avoid and minimize involuntary resettlement, and that if people lose their homes or livelihoods as a result of such involuntary resettlement, they should have their standard of living improved, or at least restored. It promotes participation of displaced people in resettlement planning and implementation. The OP 4.12's key economic objective is to assist displaced persons in their efforts to improve or at least-restore-4heir- incomes--and- standards --of living-after-di&plaee-tnefif.--The-policy-- ri cnbes compensation and other resettlement measures to achieve its objectives and requires that implementers prepare adequate resettlement planning instruments prior to appraisal of proposed projects. According to OP 4.12, any World Bank assisted project/program must comply with the provisions of OP 4.12 for impacts associated with displacement. In relation to KISIP, this policy covers direct economic and social impacts that both result from World Bank assisted projects, and are caused by: (i) relocation or loss of shelter; (ii) loss of assets or access to assets and services; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Table 3 2 below provides a compatisair of Wuitd Bank OP 412 and Kenya Land Act 2012 on resettlement provisions, a gap filling measure has been proposed for gaps identified. 3.4 Comparison between Kenya Legal Framework and World Bank A comparision between Kenyan Laws and The OP 4.12 is illustrated in Table 3-2. Also recommendations regarding the regulation to be adopted has been clearly stated. It should, however, be noted that, incase of conflict between the Kenyan Laws and the OP 4.12, the provions in the OP 4.12 will prevail. 21 Table 3-2: Comparision Between OP 4.12 and GOK Policies and Legislation on Involuntary Resetlement WORLD BANK OP 4.12 KENYAN CONTEXT GAP FILLING MEASURE GRM For physical resettlement, appropriate Land Act 2012 clearly outlines the Adopt both and accessible grievance mechanism steps and process for grievance Kenyan legislation will be established. redress that includes alternative and World Bank. dispute resolution, and is backed by the judicial system through Environmental and Land Court Act ELIGIBILITY CRITERIA Determined by: The Land Act 2012 provides that a) Both will be (a) those who have formal legal rights written and unwritten agreements adopted and all to land are recognized as valid land right. users of the (b) those who do not have formal legal b) those holding land tenure rights proposed way rights to land at the time the census c) those who have interest or some leaves will receive begins but have a claim to such land or claim in the land such pastoralist or compensation as assets-provided that such claims are who use the land for their per the entitlement recognized under the laws of the livelihood. matrix. However, country or become recognized through compensation for a process identified in the resettlement land is excluded as plan. this is-public-land- The Land Act, 2012 is not specific while the aim of O.P 4.12 describes the cut-off date as on the cut-off date but proposes a the project is to the date of completion of the socio- final survey of land to be acquired actually transfer economic survey/census and asset before compensation is paid. ownership to the inventory of PAPs. Persons entering beneficiaries. and/or occupying land in the project area after this date or newly build structures will not be considered Adopt World Bank eligible for facilitation or resettlement OP 4.12 policy assistance. I VALUATION OF STRUCTURES With regard to houses and other Valuation is covered by the Apply the structures, it is the market cost of the Land Act 2012 and stipulates, World Bank materials to build a replacement as already mentioned, that the OP4.12 stuL1 with ar, aea ajid cluality afcdpersen reeivejust wallin~tion Aind ______ similar to or better than those of the compensation but it is not compensation affected structure, or to repair a specific of the exact amount or measures. partially affected structure, plus the procedures on the same. cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. FACILITATION/COMPENSATION: and the preferred mode 22 Cash based compensation should only Land Act 2012 prefers mode of cash Adopt cash be made where (a) land taken for the compensation by the Government to payment since project is a small fraction of the the affected population. there was no land affected asset and the residual is take economically viable; (b) active markets for lost assets exist and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Prompt, just compensation before OP 4.12 will be Prompt compensation at replacement the acquisition of land is clearly adopted. cost before relocation and be offered explained but not clear on assets relocation and livehood support compensation Replacement cost does not take depreciation into account. In terms of valuing assets, if the residual of the asset being taken is not economically viable, compensation and assistance must be provided as if the entire asset had been taken. The Land Act, 2012 is not specific Adopt World Bank Recommentds preparation of the RAP on any other assistance to displaced OP 4.12 policy -and-proposes-4hat-measuresfor -- -person.-Assistance-ends-at- - - livelihood restoration are considered compensation.The Land Act, 2012 during resettlement of PAPs. is not specific on livelihood restoration. PROJECT INFORMATION DISCLOSURE AND CONSULTATION The resettlement plan or resettlement Article 35 of the Constitution Adopt both The policy framework includes measures to and Section 96 of the County World Bank OP ensure that the displaced Government Act, 2012 provide 4.12 and Kenyan persons are forthe right to access of laws (i) informed about their options and information. rights pertaining to resettlement; Article 35(1)particularly guarantees (ii) consulted on, offered choices all Kenyan citizens the right to among, and provided with technically access any information held by the and economically feasible state or information held by another resettlement alternatives; person and required for the exercise or protection of any right or undamental freedom Displaced persons should be The Land Act outlines procedures Implement meaningfully consulted and should for consultation with affected consultation have opportunities to participate in population by the NLC and procedures as planning and implementing grievance management procedures. outlined in both resettlement programs, the policy is Kenyan legislation particular on involving vulnerable and and World Bank. marginalized as well as women in the For involvement of process vulnerable and The policy also provides for public women, the OP disclosure of information related to the will be applicable Project during such consultations 23 4. APPROACH AND METHODOLOGY 4.1 Introduction The preparation of Kaloleni RAP was guided by KISIP Resettlement Policy Framework (RPF). The RPF highlights participatory approaches and methodology for the preparation of RAPs studies and key components to be included in the RAPs e.g. provision of socio-economic baseline information, policy, legal and institutional framework, grievance redress mechanism, public consultation, census of Project Affected Persons (PAPs) and assets, entitlement matrix, implementation schedule, budget, and monitoring and evaluation. A variety of methods and approaches were applied to ensure that all eligible PAPs were duly identified for compensation and supported for livelihood restoration based on verifiable socio- economic and demographic information collected through census and socio-economic Survey as well as formal and semi-formal discussions. Correctly identified, structures and assets impacted by the project were identified and the ownership information digitized for future reference. 4.2 Literature Review Some of the documents reviewed include: * Kenya Vision 2030 is a comprehensive national development plan for the period 2008 to 2030. . Environmental and Social Management Framework (ESMF) which provides a framework for identification and mitigation of potential environmental and social impacts arising from any KISIP project intervention. The resultant impacts necessitated preparation of this RAP report to guide the mitigation of socio-economic impacts. . Socio Economic Report for Kaloleni 2016 prepared as part of this consultancy covering the settlement and thus provided baseline information for design and monitoring project interventions and impacts. 4.3 Stakeholder Consultation The Kenyan Constitution confers powers of self Governance to the people and emphazises on their participation in the exercise of the powers of the state and in making decisions affecting them. The engagement of stakeholders has been continous from project inception, during planning and will continue to implementation and the post implementation phases. Thus public participation is a fulfillment of the constitutional requirement. In addition, World Bank stipulate that any displaced persons should be provided with timely and relevant information, and offered opportunities to participate in planning, implementing and monitoring the resettlement process. Initial public consultation was done with various stakeholders at different planning stages. A total of five (5) meetings were held during the planning for the settlement upgrading. The meetings targeted representatives of National and County Government, KISIP County Government representatives; Community members, SEC, chief and PAPs. Besides planning issues, RAP related issues emerged and were also discussed including declaration of cutoff date of 8t1 September 2018 in the planning meeting of 31st August 2018. At the RAP stage, one meeting was organized on 6t" June 2018 with the PAPs where specific issues related to them were discussed, the issues included; cut -off--date 24 4.4 Census and Socio-economic Survey Prior to the survey, census survey team was constituted and was comprised of consultants, enumerators and SEC representatives. The team members were identified and trained on Census and socio-economic survey process; introduction to the KISIP project, guidelines on how to interview potential PAPs and how to capture asset and socio-economic survey information. The two surveys were done co-currently. The survey gathered details on impacted assets as well as social economic aspects. The purpose of the survey was to: . To register the affected persons' affected assets, ownership of assets, business or livelihood activities and also collect basic social economic information of the PAPs. Such documentation is important to ensure all potentially affected persons and assets are included; * To conduct an assessment of the anticipated impacts on affected assets and PAPs livelihood sources; . To establish a list of legitimate PAPs before the project's onset so as to counter spurious claims from those moving into the project area solely in anticipation of benefits; * To provide a baseline information for subsequent monitoring and evaluation of socio economic parameters. Data collection tools which included the Asset Register and the social economic tools were prepared which were used in training of survey assistants. The asset register tool captured the following information: * Types / categories of affected assets, * Construction materials used, = Use of the assets; * Ownership of the assets, * Livelihood losses; and = Vulnerable persons affected by the proposed project interventions; * PAP's personal information. The social economic tool focused on the following social aspects: * Average age of the PAPs; * Gender; Education levels; * Disease prevalence among PAPs; and * Income and expenditure levels. After training, the survey tools were subjected to field testing with enumerators piloting tools in pairs with the guidance of the project valuer and the consultants. The asset register and the social economic tools that were used for data collection are attached to this report as Appendix 3 and 4 respectively. During the day one of the survey, the PAPs were sensitized on the scheduled survey and the cut-off- date was conununicated. The notification was done through letters that were distributed through the chief and the SEC members who made announcement on the declared cut-off-date. 4.4.1 Cut-off Date World Bank OP 4.12 describes the cut-off date as the date of start of the socio-economic survey/census and asset inventory of PAPs. During the consultative meeting with the PAPs, the cut- off date of 8th September 2016 was communicated during the a meeting held on 31st August 2016 25 with the County Officials, SEC members and PAPs representaives and through notificatikon circular. After this meeting there was door to door sensitization of the PAPs regarding the cutoff date and also publicly in the planning meeting of 15" September 2016 (Appendix 3). 4.4.2 Survey Process PAPs census and socio-economic survey was conducted at 100% between 6th and 8th September 2016. The data collection methods included use of self-administered questionnaire, formal and informal interviews with PAPs. During the census, survey assistants with the help of SEC members confirmed authenticity of Project Affected Persons (PAPs) and registered them using the register consisting personal details, structure number and asset ownership details and a unique serial numbers attached to respective assets. The PAPs were also required to provide copies of their IDs and related plot ownership details. Coordinates for stalls were also taken. PAP registration and mapping was followed by a socio-economic survey. After registration, the PAPs took passport size photos within the SEC to support identification details. Photography experts were enlisted to take photos and reconcile them with the given serial numbers. Photographs of the structures were also taken. 4.4.3 Analysis of Surveys and Studies Socio-economic data was entered into the computer data base, cleaned, organized and analyzed using the SPSS while the census data was analyzed using Microsoft Office Excel and the information presented in tables, chats and other modes of presentation as presented in the RAP report. An inventory of affected structures was taken to determine the number of structures affected, their descriptions and size of the structure. A number of structures including main and rental houses; Rental shop/kiosk; kitchens; sanitary facilities; and others such as a verandahs, stores, gates and perimeter walls. The information was collected (using inventory tool as indicated in appendix 1) included the nature of the structure, materials used for construction, its size (measurements) and the claimant. The assets documented were used for preparation of asset inventory and valuation was as follows: * Physical Assessment of Assets; This involved physical check, analysis of materials used; especially for the floors, walls, and roofing;. Different types of structures were identified and documented by survey enumerators who walked from one plot to the other. All assets whether privately owned or rented were documented and detailed description of the assets was done. * Determination of Ownership, The PAPs were requested to forward their support documents so as to confirm ownership of the affected assets. This was also confirmed by the SEC members who accompanied the survey team. The data indicated whether the structures were owned by the persons interviewed during census or rented. 26 4.5 Valuation of Assets and Livelihoods Valuation of structures was based on replacement cost computed from the total effort for putting up a similar structure in terms of labour, transportation and building materials (floor, wall, roof type, finish and labour input) which was valued at full replacement cost without factoring depreciation. The replacement cost principle was used to arrive at the total cost of shifting the affected structure to within the surveyed plot boundaries. Loss of Rental Income was calculated as cash grant equivalent to average Rental income of structure owner PAPs for two months. In addition, they will receive KSHs 5,000 one time cash payment shifting allowance. Loss of business livelihood will be compensated at 1 month cash grant equivalent to 1 month income (KISIP Resettlement Policy Framework provides for two weeks cash grants which is inadequate to restore PAPs business). The tenants PAPs will be entitled to an equivalent of two months payable rent allowance and KSHs 5,000.00 one time shifting allowance. In addition all PAPs will receive a three months' notice of self-demolition and slavaging of materials prior to demolision activities. 4.6 Inventory of Vulnerable Groups As part of the Socio-economic baseline survey (Appendix 8), people consi b sadvantae as compared to rest of society were inventoried to ensure provision of soft landings in the compensation process. According to KISIP's RPF, such groups include physically handicapped people, elderly persons, orphans and widows and women household heads. During socio-economic survey, PAPs who were disadvantaged were registered with the assistance of the SEC who virtually knew the PAPs at personal level, thus avoiding inclusion of intruders in the list. There were 13 vulnerable PAPs who included. * Persons Living with Disabilities * Widowed/ Female headed households * Elderly. 27 The Figure 4-1 below Summarized Census & Socio-economic Survey Approach and Methodology Literature Review of RAP/ Socio-economic relevant documents StakeholdersConsultative Meetines Declaring the Cut-Off Date (when the surveys were Commissioned) Socio-Economic Survey Census Survey /InventoryfoPAsrfiln preparation Valuation of Analysis/Prof Affected Assets iln fPP Figure 4-1: RAP Preparation Approach and Methodology 28 5. PUBLIC CONSULTATION 5.1 Introduction During RAP preparation process, extensive consultations with the PAPs was undertaken. The mode of stakeholder engagement was through public meetings (barazas) organized through the Settlement Executive Committees and the County KISIP Teams at settlement and County level respectively. A diversity of stakeholders including the affected persons were consulted in pre-arranged public meetings held at the settlement while other County Government staff consultative meetings were held at County Government of Kisumu (CGK) Offices. 5.2 Objective of Consultative Meetings The consultative meetings were intended to achieve the following objectives: a) To disseminate information to stakeholders to avoid misunderstandings about the proposed project/development that would derail project implementation; b) Involvement of the PAPs to ensure their views and concerns were adequately addressed prior to RAP implementation; c) Determination of genuine PAPs, anticipated project impacts on their assets and livelihoods; and their involvement in key processes of census and social economic surveys; d) To discuss entitlement and adequate compensation for affected assets as provided by Laws of Kenya and WB OP 4.12; including providing an opportunity for the community to propose the most appropriate mitigation measures for asset and livelihood losses; and Promote ownership and enhance social acceptability of the project; 5.3 Public Participation Schedule The whole process of planning and regulation was highly consultative at all levels of the process which included; base map preparation, community visioning, plan validation and approval by the community during which several workshops were conducted with the community and stakeholders. A total of 6 meetings were conducted at different stages of the project preparation phase. Stakeholder's initial workshops were preparatory meetings that paved way for RAP. The initial five meetings were conducted during pre-planning and planning phase during which topographical, general socio-economic baseline survey and mapping were discussed. At this stage, RAP issues emerged. The process had been continuous since project inception to the current and will continue in entire project cycle. On the other hand, one PAPs Meeting that targeted only PAPs was held. During this meeting PAP issues were explored in details and the Asset Register was validated. Breakdown of meetings conducted for various stakeholders is shown in Table 5-1 below. Table 5-1: Summary of Issues Raised During Consultative Meetings Meeting Date Participants Key Issues Response Session Male FemaleTotal Key 9th May *National N/A NA A Cultivate support of Informant 2016. Government relevant government Interview * County departments to the 29 Government staff planning and tenure (KISIP) regularization representative, process Representatives Kisumu County offices Meeting 9h May, SEC 5 3 8 To introduce with SEC 2016 consultants to SEC Focused 7' June * Women group 8 9 17 To gather in-depth Group 2016 leaders, information on the Discussio * chief, social aspects of the community ns * youthmebr members * Representatives of vulnerable groups Entry 14/06/2016 * Community 64 30 94 Employment of the The youth to be barazas Members locals onsidered for * National mployment during Government Issuing Title census surveys Deeds. Titles will be issued * CGK fter project .5 *KISIPt ompletion- ISt 01/08/2016 *National 26 6 32 Source of ownership Information Technical Government details / disputed obtained from SEC Stakehold * County ownership for & Kisumu Lands ers Government affected assets for Office and Kisumu workshop * KISIP absent PAPs and Municipality: next of kin. * SEC members Extension of cut- off-date 1st 02/08/2016 *National 78 42 120 Variance on records The discrepancies on Communit Government by various land ownership y * CGK authorities: records kept by Consultati Representatives County Government and municipalities to ye * Consultant be harmonized prior workshop * Chief _to final validation. SEC members *KISIP Disputes referred to Disputes GRM. 2nd 31/08/2016 *Kisumu County 22 4 26 Declaration The cutoff date was Technical Government Cutoff date declared as 8th Stakehold * KISIP Compensation for September 2016 ers * SEC members assets on Facilitation will be workshop encroached areas provided to relocate Open space and plots under GOK To be treated as Public assets for public use 2nd 17/09/2016 *National 82 36 118 Ownership errors / Corrections on PAPs Communit Government omission in PAPs register to be y CGK register finalized by SEC/ Consultati representative Consultant ve * KISIP Land succession PAPs to submit 30 workshop * SEC members issues ownership * Community documents for members verification by lands and physical planning office In addition to the consultative meetings listed above, a meeting was held with PAPs on June 2018 for validation of PAPs Asset Register. During the meetings, some RAP related issues such as Entitlement and compensation; ownership of assets and validation of PAPs register emerged and were addressed as summarized in the Table 5-2 below. Table 5-2: PAPs Asset Register Validation Meeting Meeting. Meeting Date Participants Key Issues Response Session Male Femal ITota e l_ PAPs Asset 06/06/2018 * National 32 12 44 Additional This was a revisit register Government PAPs and informing the Validation * CGK Community of the Meeting * t (KISIP) cut off date declared *- on 31't August 2016 * SEC Members nd no new PAPS * PAPs are to be added to the list after those recorded by Cut-Of Date. Table 5-3 presents details of the issues specific to RAP that were discussed during PAPs meetings. Table 5-3: Table on Outcomes of PAPs Meeting No. Emerging concerns Response I Compensation for vibration Although this phase only involves planning and regularization, Impacts Remedial measures for this impact will be addressed at (ESIA) stage diring infragtrnvtre upgrading stage that will done at a later stage Additional information to Asset The cut off date of 8' September 2016 was communicated to PAPs register that any new development in the settlement after the cutoff date will be considered ineligible. 2 The institution responsible for The County Government of Kisumu will undertake the demolition the demolition. after expiry of 3 months period, however, this RAP provides the PAPS with grace period of 3 months when they will undertake self demolition and salvaging of constructution material 3 Some plots were given new List of beneficiaries will be publicly disclosed in the settlement, this plot numbers which featured in will provide an opportunity to beneficiaries to authenticate the plot list of beneficiaries after the numbers before finalization. survey had been concluded which was confusing. Issue of beacons changing he positions of the new beacons were shown to the beneficiaries by positions the surveyors. 31 5 Possibility of changing plots One of the key objectives of KISIP is to improve livelihood and ownership during tenure therefore only the registered beneficiaries are eligible for the title regularization. deeds. Once tenure regularization is concluded, beneficiaries can be free to sell their plots as provided for by law. "oHowever, this RAP rovides inclusion of women to land ownership. Woment rights will e safeguarded through the Land Control Board. RAP Meeting in progress 1o This however will be discouraged during sensitization meetings planned during RAP Implementation. 32 6. IMPACTS AND MITIGATION MEASURES 6.1 Introduction There was no loss of private land in Kaloleni Informal Setlement since the land in the settlement is public land .There was minimum loss of land size in the Setlement although beacon positions changed as result of adoptive planning and the beneficiaries were sensitized and consulted on the need for prudent use of land while providing adequate access for provision of title deeds to be possible leading to Validation and endorsement of the Plan at the community level. However, the implementation of the approved 2016 LPDP will occasion both total and partial loss of stuctures which will in turn affect sources of livelihood". The affected assets are those found within 1994 PDP road resrves and those proposed by the 2016 LPDP and mostly consist of semi-permanent structures and temporally structures such as stalls and makeshifts for roadside vendors. 6.2 Positive Impacts Planning and Surveying will lead to regularizing security of tenure. This will lead to improved basic infrastructure such as water, waste collection, storm drainage, electricity, security lighting. Other indirect benefits will include incentives to community in terms of management and maintenance of community facilities such as health centres and community centers. Specific benefits are summarized -below. 6.3 Tenure Regularization Although Kaloleni Informal Setlement had PDP prepared in 1994 only eight beneficiaries had security of tenurel2. KISIP approach to settlement upgrading was an innovative way to implement Tenure Security to allow all plot owners get legal land rights. Issuance of title deeds will bestow ownership to holders and ensure security of tenure. With security of tenure the owners will be motivated to develop their plots, increases in land values, housing values/rents, access to credit, access to housing infrastructure, increase in highrise residential building housing more household and many more. With the tenure of the land secured, it is expected that the beneficiaries will invest in better housing for their families. 6.3.1 Infrastructure Improvement The LPDP will provide for various road network widths and truncations thus allowing ease access to Kaloleni. This will also enable the development of other facilties such as sewerage lines, piped water, electricity and waste removal systems. Construction of roads may open up the settlement to other social economic benefits such as investments, improved security, accessibility to public services among them education, water, health, recreation, social and urban integration, among many others. 6.3.2 Improved Housing Its envisaged that with security of tenure the land owners in Kaloleni Informal Setlement will be motivated to invest in better housing types with more occupancy units thusb shifting from the traditional semi-permanent Swahili types. With improved housing conditions and security more people will move into the area to settle either for business or residential. This will have a ripple effect 11 Livelihoods that will be affected by loss of structures that are used for business purposes as well as rental units 2 The 8 Plots were not included in the nature and Scope of KISIP since they have security of Tenure (Title Deeds). The Plots are private land. 33 as more investors will set up businesses or industries in the area thus attracting more people and more opportunities. 6.3.3 Improved Environment Condition The area will be sustainably utilized as appropriate land uses are applied to deserving parts of the grounds together with improved sanitation facilities which leads to better environment with less health problems. There will be better opportunities for other infrastrure development e.g. sewerlines and piped water and social facilities such as hospitals, schools and Mosques/churches. 6.4 Negative Impacts The total number of PAPs are 275 consisting of 89 structure Ownersl3 and 186 Tenants, from the total number of PAPs, male PAPs are 141, female PAPs are 132, and 2 institutions namely Kaqwa Welfare Association and a local mosque as detailed in PAP diagram below. PAP Diagram PAPs 275 mle--__132__Institution 2 Figure 6-1: PAP Diagram Table 6-1: Impact by Type and Gender PAP Category and Gender Number Total Structure Owners Male 55 89 Female 32 Institution 2 Residential Tenants Male 71 148 Female 77 Business Tenants Male 23 38 Female 15 GRAND TOTAL 275 Out of the total number of PAPs, 89 will lose structures among them 55 are male out of whom 2 are vulnerable and 32 are female out of whom are 3 vulnerable. Further 124 PAPs will loss livelihood among them 55 structure owner PAPs losing business, 46 structure owner PAPs losing rental income and 23 tenant PAPs losing business income. The tenant PAPs are 186 among them 94 male out of whom 4 are vulnerable and 92 female out of whom 4 are vulnerable.. 6.4.1 Type and Nature of Structures4 Impact on structures is the most significant type of loss identified. Majority of the affected structures have existed in the settlement for decades and some of the structures are dilapidated and in unrepairable conditions. These structures have been affected by the proposed road expansion as a result of the approved LPDP. For the LPDP to be implemented and land title given to the residents of Kaloleni, some structures will be relocated into respective plot boundaries to allow proposed future 1 The number of structure owners are (89) more than beneficiaries due to the fact that in some cases the father/mother allows the adult son/daughter to put up a structures within their plot " Map of affected assets is provided as appendix 10 to this report 34 development of the settlement as per the approved LPDP. The number and type of impact is illustrated in table 6.2. Table 6-2: The Affected Structures Affected Structure Number Nature of Impact Rental House 37 Partial Retail Kiosk Rental 24 Partial Retail Shop Rental 13 Partial Main House 10 Partial Toilet 4 Total Verandah 4 Total Commercial House 3 Partial Kitchen 3 Total Retail Kiosk Owner 3 Total Store 3 Total Perimeter Wall 2 Total Fence 1 Total Gate 1 Total Hotel Owner 1 Partial Retail Shop Owner 1 Partial Septic Pit 1 Total TOTAL 111 It should be noted that, although many of the structures are partially affected and therefore requiring partial demolition of the sections affected , they will however be completely demolished as they are dilapidated and any attempt to remove any section will make them unsafe for future occupation. This implies that the structures will be fully compensated for as the residual will not be usable. The details of the status of these structures are demonstrated in the Table 6-1 and Photo plate below. Table 6-1: The Extent of the Impact Extent of Impact Number Percentage Total Loss 35 31.5 Partial Loss Residual Usable 11 9.9 Partial Residual Unusable 27 24.3 Other strucutres 38 34.3 35 Typical Examples of Affected Houses in Kaloleni Informal Settlement 6.4.2 PAPs Losing Structures The total number of PAPs losing structures are 89, out of whom 2 are institutional PAPs. For the 87 individual PAPs, 32 are female and 55 are male. This information is summerised in Table 6-2. It should be neted that, the numbgr of st,t4re w4mcrs is more than the nmber of plot beneficiaries since at times the number of structures per plot were more than one and owned by different individuals either from the same family or unrelated under verbal agreements or leasehold. Table 6-2: PAPs Losing Structures Type of Structure Owner Total No of Female PAPs Male PAPs Vulnerable PAPS PAPs PAPs female Male Individual Owner PAPs 87 32 55 3 2 Institutional PAPs 2 n/a n/a n/a n/a 6.4.3 PAPs losing Livelihood The number of PAPs who will loss livelihood are 124 PAPs out of which 65 are female 5 vulnerable and 59 are male 4 vulnerable, The types of businesses that were common are general retail shops, food kiosks selling mainly chips and 'viasi karai'(bargia), green groceries and cereals, boutiques, salon, barber shops, charcoal shops ____36 and artisanal vendors. All these businesses had no employees but rather operated as a family business with labour drawn from family members. It should also be noted that, other than for 2 none operational cases encountered all the other rental houses had tenants at the time of the asset inventory. Detailed breakdown of livelihood are provided in Table 6-3. Table 6-3: PAPs losing Livelihood PAPs category Total PAPs Female PAPs Male PAPs Vulnerable PAPS female Male Structure owner PAPs Business 25 30 2 2 losing business Livelihood (55PA.Ps) Structure owner PAPs Rental 7 19 3 2 losing rental (46PA.Ps ) Tenant PAPs losing Business 13 10 0 0 livelihood (23PAPs) Totals 5 9 The photographs below present an overview of affected livelihood. EL-SHADA7 BEA SH The photos indicate typical businesses in Kaloleni; retail shop, bourtique and beauty shop and water vender among others 37 6.4.4 Tenant PAPs The total number of affected tenant PAPs in the settlement are 186 as detailed in Table 6-4. Table 6-4: Tenant PAPs Total PAPs Female PAPs Male PAPs Vulnerable PAPS female Male Residential 71 77 4 2 Business 15 23 2 2 6.4.5 PAPs Lossing of Trees The total number of PAPs losing tress are 4, the trees include a total of 4 mature indigenous trees one of which is has cultural/medicinal significance, 2 medium indigenous and 1 small indigenous trees will be affected.5 6.4.6 Institutional PAPs The Table 6-5 below provides a summary of institutional PAPs enumerated in the settlement Table 6-5: Institutional PAPs Type of Institutions Number Impact Category Loss of Structure Loss of Livelihood CBO 1 1 0 Religious 1 1 1 6.4.7 Impact on Vulnerability Table 6-6 provides a breakdown of vulnerable PAPs enumerated in the settlement to be 13 PAPs out of which 5 vulnerable PAPs will loss structures while 4 vulnerable PAPs will loss livelihood tenant PAPs who are vulnerable were also 4. Detailed nature of vulnerability is summarized below. Table 6-6: Vulnerable PAPs Type of Disability Number Loss o Loss o Tenants Structures Livelihood Widowed women and Women5 2 2 1 headed Household Physically Disability/paralyzed 3 21 Aged (those over 70 years of age) 5 3 1 1 Total 13 5 4 4 6.5 Mitigation Measures Table 6-7 below provides mitigation measures adopted by this RAP for the negative impacts identified " The trees are within the road reserve and the community will be sensitized to preserve the trees before infrastructure Projects on the wayleaves commence after KISIP. 38 Table 6-7:Mitigation Measures for Negative Impacts16 Category of Mitigation Measure Impact Loss of Loss of Structures will be replaced at full replacement cost without considering Structures depreciation, the owners will also be given three months' notice to self demolish the affected asset and the right to salvage materials. The PAPs residing in main houses will also be entitled to KSHs 5,000 one time shifting allowance if their structures are fully affected. An additional 25% repair cost was allowed for structures which are affected but residual portions are viable. Loss of Rental PAPs are provided with three months' notice and a two month cash grant equivalent to Income average income. Loss of They would be given three months notice to vacate. Additionally affected businesses Business would be given one months cash grants equivalent to average income as a means of Income facilitation and 5,000 one time shifting allowance. Loss of Shelter The tenants PAPs would be given three months' notice to vacate and a two months allowance equivalent of payable rent to enable them move to an alternative house Compensation The trees were valued on the basis of current market rate of similar mature trees, its for trees uses and significance to the community. The tree that has cultural/medicinal significance, extra restoration measure have been provided including providing seedlings of this species and other special indigenous trees for planting at the recreational (plot number A) site and sensitization of the PAPs-thesignificanceofthe,-treesand-neet4are-orthe-plantedseelig . The seedlings will be planted at a devoted section in this plot and be fenced off to allow them mature. The community will be directly involved in the care of the trees including watering and fence maintainance until they attain appropriate age that do not require care. Proper community sensitization will be conducted to the community for the need to care for the trees and own the trees. Vulnerability vulnerable people were identified and inventoried and will be facilitated with KSHs 2,000 per month for two months over and above compensation for impacts on their structures, livelihoods and loss of shelter. The vulnerable PAPs will also receive specializedl7 assistance from KISIP County Team during relocation and priority in disbursement of compensation funds. KISIP willshare the list of elderly (those 70 years and above) with the County Government of Kisumu Ministry of Gender, Social Services and Sport to be enlisted for government social programme such as the "Inua diti" cash transfer programme for aged persons to receive unconditional cash transfer. 16 The businesses were operated by the family members and therefore employees were not encountered as a category of impact " Specialized assistance will include assistance in reconstruction of affected assets through provision of transport and labour and assistance in reconstruction of the affected structures. 39 7. SOCIO ECONOMIC The socio economic survey was conducted at 100% census of PAPs in August 2016. The aim of the survey was to provide baseline socio economic information of PAPs that will be used during monitoring and evaluation of RAP implementation. The survey findings outlines PAPs demographic characteristics, socio-economic aspects and infrastructure services accessed by the PAPs. These results were used in making decisions on livelihood restoration and planning for compensation of the affected economic assets to ensure that PAPs livelihood is restored and or improved to better quality of life compared to the pre-project status 7.1 Demographic characteristics of PAPs 7.1.1 Gender and Marital Status of PAP The survey findings indicated that 54% of the PAPs were males and 46% of the PAPs were female. 51% of the PAPs were married, 40% were single while 3% of the PAPs were separated. More married PAPs explains the reason behind more male PAPs which is in line with patriarchal African family set up in which yje male is the head of the famuly. The marital status of the PAPS is shown on the Table 12 below. The survey findings indicated that 54% of the PAPs were male and 46% of the PAPs were female. 51% of the PAPs were married, 40% were single, 6% were widowed and 3% of the PAPs were separated. More married PAPs explains the reason behind more male PAPs who are the household head who were targeted by the survey. This is in line with patriarchal African family set up in which male is the head of the family. The marital status of the PAPS is shown on the Table 7-1. Table 7-1: Marital Status of the PAPs Marital Status Frequencv Percent Single 112 40 Married 139 51 Separated 7 3 ,Widowed 115 16 Total 273 100 7.1.2 Average age of PAP's household heads Majority of the PAPs at 22% were aged between 31-40 years while the lowest population age category was 61-90 years rated 4% which comprised the elderly, vulnerable aged PAPs were 6, this PAPs were allocated extra assistance as provided by entitlemt matrix of this RAP. 7.1.3 Educational Levels 52.4 % of the PAPs had secondary level of education, 29.7% had attained primary level of education, and 13.5% had college/university level of education while 3.7% had no formal education and 0.7% had informal education. This implies that the PAPs are literate, can effectively communicate especially in Kiswahili and can therefore participate in their development activities. However, there is need to use local language in communication of project related information so as to take care of those without formal education. The highest education level attained by the PAPs is as shown in table 7.2. 40 Table 7-2: PAPs Education Level Education Level Frequency Percentage College/University 37 13.5 Secondary 143 52.4 Primary 81 29.7 None 10 3.7 Other 2 .7 Total 273 100 At basic (Primary) level of education, Male and female PAPs were at similar level rated at 33% and 35% respectively. But as the education level advanced to secondary there were more male rated at 58% compared to 46% education level among women. Similarly 16% of male PAPs had attained College/University level of education as compared to 12% of females PAPs. In addition 6% females had no formal education as compared to 2% males with no formal education. Thus, communication strategy to use simplified language such as Kiswahili and local language (dholuo) to take care of the illiterate PAPs. 7.2 Economic Situation 7.2.1 Income Sources According to the survey, the income stream of PAPs was dependent on small scale business at 47%, casual labour at 27%, formal employment at 18%, 7% obtained income from other sources that included support from family members and 1% sourced income from livestock keeping and . The average income for the PAPs was Kshs. 6,437.00, however over 91% of the PAPs had an income of below the minimum wage in Kenya 2017 which was consolidated as Ksh. 21,942.30 for Kisumu Municipalities. Though PAPs mainly earned their livelihood from business activities, the scale was small and included sale of food stuff and other consumable. From FGD discussions, it was pointed out that no income source was reserve to male or female, youthful or elderly population since there were no choices with regard to sources of income but individuals did any work available and when found. However lack of security of tenure resulted to low income from temporary structures whose returns were low, thus tenure security will translate to improvement of housing and business structure hence high rental charges. PAPs income sources are as shown in Table 7-3 below. Table 7-3: PAPS income Source Source Income Frequency Percentage Formal Employment 41 18 Business 118 47 Livestock Keeping 3 1 Casual Labour 72 27 Other sources 37 7 Total 273 100 7.2.2 Income Levels The average income for the PAPs was Kshs. 6,437.00, The income for a majority of the PAPs, 26.3 % ranged between Kshs. 5,000-10,000, 23% of the PAPs earned between Kshs. 10,001-20,000, 11.3% 41 earned between Kshs. 3,000-5,000, 9.8% earned less than Ksh. 3,000 monthly,6.2% of the PAPs earned between Kshs. 20,001-30,000Ksh. And 1.4% earned between Kshs.30, 001-50,000 which was the highest income level. 22% of the PAPs did not have a regular income and therefore could not indicate their earnings. The income levels are fairly low compared to Minimum wage in Kenya 2017 which was consolidated as Ksh. 21,942.30 for Kisumu Municipalities. However, the income level may be biased due to inaccuracy and lack financial records. Low income contributes to high poverty level as manifested in poor housing conditions, poor sanitary facilities (shared pit latrines), poor hygiene conditions and use of unsafe water sources. In addition, lack of security of tenure hinders improvement of shelter and access to basic services and investment at settlements level thus reinforcing poverty and social exclusion. Consequently, low income hinders access to quality life in terms of health care services and education. PAPs income levels are as shown in Table 7-4 below. Table 7-4: PAPS Income Levels Monthly income Frequency Percentage <=3000 27 9.8 3001-5000 31 11.3 5001-10000 72 26.3 10O01-20000 - 63 23- 20001-30000 17 6.2 30001-50000 4 1.4 Did not have regular income 59 2 Total 273 100 7.2.3 Monthly Expenditures Key spending areas by the PAPs included rent, food, transport and clothing as detailed in sub sections below. Majority (58%) of the PAPs spending on rent Ksh. 1001-3000 which is nearly half of the monthly income. 93.4% of the PAPs spent Kshs. 500 being the minimum and Kshs. 5000 monthly on rent. On the other hand, 6.5 % spent over Ksh. 5001 and above monthly on rent. As the cost for housing increases the ability to attord by PAPs decreases. Monthly expenses on rent are shown on the Table 7-5. Table 7-5: Monthly Expenditure on Rent Rent Percent 500-1000 10.3 1001-3000 58.2 3001-5000 24.9 5001-10000 5.6 Over 10000 0.9 Total 100 Majority 62.3% of the PAPs spent Ksh. 1001-3,000 on feeding while 37.6 % spent over Ksh. 5001 and above monthly on food. Monthly expenses on food are shown on Table 7-6. 42 Table 7-6: Monthly Expenditure on Food Monthly Food Expenditure Percent 500-1000 11.5 1001-3000 31.6 3001-5000 18.8 5001-10000 25.2 Over 10000 12.4 <=500 0.4 Total 100 Majority 90.1% of the PAPs spent Ksh. 100 1-3,000 on feeding while 9.9 % spent over Ksh. 5001 and above monthly on transport. Monthly expenses on transport are shown on Table 7-7. Table 7-7: Monthly Expenditure on Transport Transport Expenditure Percent 500-1000 38.7 1001-3000 42 3001-5000 7.7 5001-10000 7.7 Ovel 10000 2.2 Below 500 1.7 Total 100 Majority 94.8% of the PAPs spent Ksh. 500-3,000 on clothing while 5.2 % spent over Ksh. 5001 and above monthly on clothing. Monthly expenses on clothing are shown on Table 7-8. Table 7-8: Monthly Expenditure on Clothing Clothing Expenditure Percent 500-1000 38.4 1001-3000 40.7 3001-5000 11.6 5001-10000 2.9 Over 10000 2.3 Below 500 4.1 Total 1100 From the above figures, the expenses on food were higher at a range of Kshs.5001-10,000 for 61.9% of the PAPs. Food is a necessity for live and expensive compared to other three spending areas. It's therefore conclusive that the PAPs expenses were within the average monthly income of Kshs. 6,437. Comparing the income and expenditure levels, the living standards are low and the expenses are high leaving less saving for business and other welfare aspects after meeting the basic needs. 7.3 Access to Infrastructures 7.3.1 Type of Toilet Used Use of shared larine for disposal of human waste was rated 82%, 17% used public toilet while 1% of the PAPs used other methods such as Water Crochet (WC). The methods used were appropriated and hygienic. The latrines are manually emptied as reported by 86% of the PAPs. The method is not hygienic. However, sharing of toilet by more than one household is not acceptable hygiene and 43 therefore, PAPs will need to construct individual latrines at household level. Use of pit latrine as sanitary facility was attributed to lack of a sewer system in the settlement and resultant unhygienic exhausting method. Thus the settlement being an urban setting will benefit more from improved sewerage system 7.3.2 Solid Waste Disposal Method There are various methods used by PAPs to dispose of solid waste within the settlement. They include collection by private collection system was rated at 46.5%, burning rated 15.6%, collected by CBO rated 14.8%, collection by County authorities rated 12.5% and other minor methods such burying was at 3.1% and dumping in the compound which was at 5.1%. Solid waste collected by private persons, CBO or the authority though appropriate was not prompt and resulted to pilling of waste. On the other hand, other methods of waste disposal such as burning and dumping in the compound were not appropriate as they impact negatively on environment. The methods of solid waste disposal is as shown in Table 7-9. Table 7-9: Solid waste disposal methods Solid Waste Disposal Percent collection by county authorities 12.5 Burying in the compound 3.1 Organized-pri ate collectionsystem 46.5 Burning in the compound 15.6 Dumping into the compound 5.1 Collected by system run by a CBO 14.8 Other methods 2.3 Total 100 Main method of waste water disposal was by pouring on the road rated at 50%, pouring in the drainage channel rated at 27% and pouring to the toilet rated at 15%.Waste disposal methods among the PAPs not only contravention of solid waste management regulations but also portrays poor hygiene practices in the settlement. This requires hygiene training sessions and designated waste disposal sites. Waste water disposal methods is as shown by Figure 7-1. 50 40 30 20 10 Pouring in toilet Connected to Pouring on the Pouring in the Sewerage roads drainage Figure 7-1: Waste Water Disposal Methods 44 7.3.3 Main Water Source for the PAPs The survey indicated that a majority (35%) of the PAPs accessed piped water outside the house, 32% of the accessed water from a water Kiosk, 13% accessed piped water within the house, and 12% accessed water from a neighbor. 8% of the PAPs obtained water from a tanker or shallow well. A total of 92% of the PAPs accessed water from a piped water supply which is safe for domestic use. However, there were other water sources such as shallow well and tankers whose quality was not known. 40 35 30 25 20 15 10 5 0- Piped water Piped water Water Kiosk Water Tanker No water Piped Water Shallow wells within the outside the house house Figure 7-2: Water Source Majority of the PAPs paid Ksh. 501-1000 for water monthly as reported by 31%, 26% paid Ksh. 101- 500, 21% paid over Ksh. 1000 monthly, 19% did not pay for water while 3% paid less than Kshs.100 monthly for water. Payment for water is high as 52% paid between Ksh. 501-1000 or more monthly. During the FGD, it was reported with improved security of tenure, the housing will also improve from semi-permanent to permanent housing, thus need for improved reliable water supply to cope with higher water demand as a result of changes in lifestyle. It is anticipated that the upgrading of the settlement will be accompanied by improvement on water supply and in return lower the cost of water and promote access to safe water. Table 7-10. Mutily Water Cst Monthly Water Cost Frequency Percentage 0 52 19 <= 1 00 8 3 101-500 72 26 501-1000 84 31 Over 1000 57 21 Total 273 100 7.3.4 Mode of Transport The main mode of transport for 45% of the PAPs was walking, 33% used motorcycles as the main mode of transport and 11% of the PAPs used Matatu / bus, 10% bicycle and 1% used Private car as a mode of transport. Walking was tedious and at no cost, motorcycle was cheaper than using matatu as for transport. Majority of the PAPs preferred to walk rather than pay some faire from one point to the other as their daily activities are within the settlement. 45 Table 7-11: Main Mode of Transport Method of transport Percentage Private Car 1 Bus/Matatu 11 Motor Cycle 33 Walking 45 Bicycle 10 Total 100 7.4 Common Illness in the Settlement Malaria is the most common form of illness among the PAPs standing at 84%. 16% of other diseases include Pneumonia, diarrhea, TB, typhoid and respiratory infections. This was attributed to poor hygiene practices that encouraged stagnant water in the settlement thus breeding of mosquitoes. This is evidenced by presence of waterborne diseases. Such conditions would require accessing safe water to the PAPs and hygiene training. From the survey findings a majority (57%)of the PAPs walked 2-5km to reach the health facility, 33% walked for less than a kilometer to reach the health facility while 4% and 6% walked for 6-10km and over 10 kilometers to reach the health facility. The facilities are far from the PAPs and this compels facilities. Regardless of the distances involved, the PAPs demonstrated understanding of importance of good health seeking behavior and good access to healthcare services. 7.5 Vulnerability According to the RPF, this study identified 13 PAPs as persons living with disability and are categorized as indicated below: * Five Elderly persons, " Five physically disabled/paralysed, * Three widowed/ Female headed households 46 8. ELIGIBILITY AND ENTITLEMENTS 8.1 Determination of Eligible PAPs The affected persons, irrespective of their tenure status, are eligible for some form of assistance if they occupied the land or engaged in any livelihood income-generating activity at the affected sites before the entitlement 'cut-off date' (8h September 2016) The World Bank Resettlement Policy OP 4.12 require compensation for lost assets to be calculated at full replacement cost and restoration of affected income and livelihoods sources. The following categories are eligible for assistance and were identified as the PAPs in the settlement. (i) People whose structures used for business or residential purposes will be partially or total affected by planning and surveying. (ii) People whose business or sources of livelihood will be affected. (iii) Tenants who reside in structures that will be totally affected. (iv) People whose trees will be affected along the proposed roads planned for expansion For the vulnerable PAPs, and as provided for by the KISIP Resettlement Policy Framework, this RAP provides additional Kshs 2,000 for the first 2months, specialized assistance from KISIP County Team throughout the RAP process and priority in disbursement of compensation funds.KISIP will share details ofthe elderly PAPs with the County Government of Kisumu Ministry of Gender, Social Services and Sports for enlisting into other government of Kenya programmes such as unconditional cash transfer programmes including the Inua Jamii for the 70 years and the Older Persons Cash transfers (OPCT) programmes 8.2 Cut-off Date The cut-off date of 8th September 2016 which was the beginning date of census was communicated during the planning meeting held on 31 s August 2016 with the County Officials, SEC members and PAPs representaives and through notification on circular. After this meeting there was door to door sensitization of the PAPs regarding the cutoff date. Residents were informed during the public consultative meetings that the exercise of taking census of the project affected persons and the socio- economic survey was to start on 7th and end on 8`1 of September 2016 and all those engaged in any activity within the proposed area should be available. New developments after the cut off date will be ineligible for compensation. Also during PAPs consultative meeting held on 15' September 2016 and 601 June 2018 in appendix 3 and 2, cutoff date was explained further as well as discussion on RAP issues. 8.3 Mode of Compensation For assets and livelihood sources that will be be affected by planning and survey, cash compensation option will be adopted owing to its flexibility and applicability and accountabilitys. In addition, all PAPs will receive cash payment for the loss of assets and or livelihood streams plus a notice of three months and a right to salvage their assets. 47 8.4 Entitlement Matrix The entitlement matrix is designed to ensure that PAPs entitlement are adequately compensated for thier losses depending on the category of PAPs impacted as indicated in Table 8-1. Table 8-1: Entitlement Matrix Loss Category of Entitlement PAP Fully affected / Squatter * Cash compensation at replacement cost for the structure. partly affected * One time shifting allowance of Ksh 10,000. remaining structure: * Right to salvage materials. iot viable Tenant Housing allowance for two month equivalent to rental value. A onetime shifting allowance of ksh 5,000. Part affected Squatter * Cash compensation at replacement Cost without structures with depreciation. remaining portion * Repair Cost based on the current market rate of materials to viable be used. * Right to salvage materials. Loss of Income Business * Cash compensation based on a calculated average loss of operators income for one month. * 6ithnotfcetothe?AP_sofitet6iito-u-se-th-e-site. Loss of rental Subsistence allowance equivalent to 2 months rental income. income Tenants * Housing allowance for 2month equivalent of rental value. * One time shifting allowance of kshs. 5,000. Compensation for PAPs * One off facilitation of the trees at market value equivalent to trees similar trees. * provision of seedlings and proper community sensitization on the importance of conservation of trees.during implementation of the ARAP." Others Vulnerable * Assistance in reconstruction of structures for vulnerable PAP PAPs8 who will loss structures Through the SEC and RIC. * Priority consideration in processing compensation payments. * Additional Ksh 2,000 to the vulnerable persons for the first 2 mnth-q * KISIP will share details of The elderly vulnerable PAPs to be enlisted by County Government of Kisumu Ministry of Gender, Social Services and Sports for government social programme such as the "Inua Jamii for the 70 years and above cash transfer programme. 8.5 Compensation Protocol The asset register will be validated by KISIP and Kisumu County Government and thereafter disclosed to stakeholders and PAPS. Disclosure will be through the WB infoshop, MoLH&UD website, KISIP county offices and a series of public meetings that will be organized within the settlement between KISIP, PAPs and Kisumu County Government. The number of affected PAPs by gender indicates male PAPs as the majority asset owners. Socio- economic data analysis also indicates marriage as a respected family institution in Kaloleni setlement " "Elderly, Widowed, PLWD" 48 which is predominantly Muslim. A joint account for the spouses to will be necessary for management of the facilitation funds. Therefore KISIP RIC and SEC will carry out sensitization of Joint Accounts for spouses during implementation of this RAP as indicated in the implementation schedule. As provided under RAP implementation schedule in table 10.3, payment will be effected after, disclosure of RAP, resolution of grievances, negotiation and signing of the rewards agreements with the PAPs and approval by KISIP, and will be in concurrent with issuance of tittle deeds. The money will be paid directly to the PAPs through either the bank or Mobile money transfer. Any amount above KSHs 50,000.00 should be paid through a bank account while KSHs 50,000.00 and below can be paid through either of the two depending on the PAPs preferred choice. 49 9. GRIEVANCE REDRESS MECHANIS 9.1 Introduction Grievances are anticipated to arise at any of the stages of the project cycle, from Design Preparation, Implementation and Post implementation Phases. An established grievance mechanism provides a way to avert delays in project implementation, offers PAPs an effective avenue for expressing concerns and achieves remedies and promotes a mutually constructive relationship. A well-functioning grievance mechanism: i. Provides a transparent and credible process to all parties, resulting in outcomes that are seen as fair, effective, and lasting; ii. Enables more systematic identification of emerging issues and trends and facilitates corrective action. iii. Ensures timely redress of grievances for satisfactory implementation of resettlement and completion of the project interventions as scheduled. This Chapter provides a means of grievance redress structure which will be accessible and credible to reduce project resistance. Anticipated grievances that may be raised by the PAPs include: *Di'sput-edValuation of impacted srcue-2ihmy eprevda nhrrdo discriminatory, thus rejected by the PAPs; * Disputed ownership of the impacted assets; * Dispute of the disclosed list of PAPs due to recording errors in preparation of PAPs register and inventory of their affected assets; * Title documents issued have errors e.g. wrong or misspelt names; * Family disagreements or complications arising due lack of clarity of whom is to transact on behalf of the family; * Disagreements on modes of payment e.g. whether cash or in-kind; and * Changes in estate administration of affected assets where initial owners are deceased. The factors to be considered in the design of an effective grievance procedures for Kaloleni included the following: * A grievance redresses mechanism which is simple, accessible, affordable, and accountable. * Provide suggestions on how intormation is made available to the Project Attected Persons (PAPs). * The proposed structures have capacity and knowledge to address grievances and would need to be given the authority to resolve complaints. * A Complaints Form be introduced and should be dully filled by the involved parties. Therefore, this RAP has identified procedures that will enable affected people to lodge a complaint or a claim without cost and with the assurance of a timely and satisfactory resolution of that complaint or claim in which case, dialogue will always service. The different levels are further discussed under the section of procedures as indicated below. 9.2 Grievance Redress Institutions/Structure Complaints resolution for a majority of PAPs would be most appropriate if undertaken at the local level for convenience in terms of time and cost. In addition, the GRM proposed should be credible 50 and acceptable to PAPs for acceptability of resolutions made thereof and therefore the proposed structures fulfills such aspects and are well guided by KISIP RPF. The grievance redress structure will comprise of two committees- Settlement Grievance Redress Committee (SGRC) and RAP Implementation Committee (RIC). The PAPs will report the grievances to the SGRC which is the lowest committee that shall be constituted and will operate within the settlement. The aggrieved PAPs will launch their complaints through the SGRC secretary either verbally or in writing. The complain will be logged and the committee will convene to resolve the complain to the satisfaction of the complainant. If the matter cannot be addressed to the satisfaction of the complainant within the prescribed period, the complainant may refer the issue to RIC and if the issue is not resolved to the satisfaction of the PAP, the complainant has the right to seek redress from the Court of law. The Grievance Redress Structure (GRS) is as discussed below: 9.2.1 Settlement Grievance Redress Committee (SGRC) A Settlement Grievance Redress Committee (SGRC) will be established at initial RAP implementation phase. During RAP disclosure, the PAPs will be sensitized on proposed GRM structure and redress seeking process. The community will be called upon to propose 3 SEC members in a meeting forum for transparency who have been committed and actively involved in project activities. In addition, they will also select 2 other members- I male and 1 female who could be religious ldirs or a government authority and becomes the chair to the committee. The committee will appoint a secretary who will receive and log the complains on behalf of the committee. Those elected would ensure representation of men, women and youth in the committee. 9.2.2 RAP Implementation Committee The second level of grievance redress mechanism will involve the RAP Implementation Committee (RIC) comprised of 23 members. The committee will consider grievance reports forwarded to it from the Settlement Grievance Redress Committee and make a determination. In addition, it will be responsible for monitoring complaints. Since implementation of RAP is a joint responsibility between the National KISIP PCT and County Governments, the Committee will have joint membership from both levels. The proposed RIC will comprise the following membership who should be an odd number to allow tor voting while determining the resolutions: From KISIP National PCT * Head of component 3 * Environmental and social safeguard specialist * Community Development specialist * 3 members from Component 2 - Surveyor, land administrator and valuer * Engineer * KISIP Finance Officer From the County * County KISIP Coordinator who will be the chairman, * Community Development Officer * County Environmental Officer * Representative from enforcement department * Town Administrator * SEC chair person 51 The member of parliament and member of the County Assembly (MCAs) may be co-opted as ex- officio members. Kisumu County Government will provide the secretariat for the committee. A quorum should have 2/3 membership represented. If complainants are not satisfied by the decision passed by RIC, they can seek redress from the law Court 9.2.3 Law Courts If complainants are not satisfied by the decision of the RICs, they can seek redress from the Law Court. During sensitization on the grievance redress mechanism, prior to compensation, PAPs will be informed of this option and notified that it is not cost free but rather the costs should be met by the individual complainants unless the court dictates otherwise. 9.3 Grievance Procedures Grievance procedures may be invoked at any time, depending on the complaint. In order to deal with the grievance that may arise during the implementation, this RAP has identified procedures to allow affected people to lodge a complaint without cost and with the assurance of a timely and satisfactory resolution of grievance. The complainants will be reported to SGRC for documentation and filling prior to deliberation and feedback provided within a fortnight through a written form. The following grievance redress procedure will be followed: 9.3.1 Procedure of Grievance Redress Step 1: Grievance receipt and Registration An aggrieved PAP will lodge a verbal or written complaint to the SGRC through the SEC Secretary. The secretary will be responsible for receiving, logging and filing all grievances. He/she will listen to the complainant and issue or assist the PAP to complete the grievance form. The secretary will record the date complaint was lodged, nature of complaint, and action taken. Both the complainant and secretary will sign the grievance after the complainant verifies the accuracy of the information recorded. The secretary will sort the grievance/s based on its nature. For instance, the grievances that require clarifications and those that would be handled by SGRC and those for direct action by RIC. The secretary communicates the grievances logged in to the SGRC chairman who will thereafter convene SGRC meeting. Step 2: Determination of Corrective Action The grievance team will hold a meeting at the settlement level based on grievance received and deliberate on the raised issue to come up with a resolution within 7 working days. The action will be recorded in the grievance register and verdict reported back to complainants. If more time is required for investigation, this will be clearly communicated verbally and in writing to the aggrieved person in advance. Step 3: Meeting with the complainant The proposed corrective action will be discussed with the complainant within 7 days of receipt of the grievance. If the parties agree, the resolution will be documented, time frame to implement the resolution agreed upon and the complainant will append his or her signature. 52 Step 4: Implementation of Corrective Action Agreed resolution will be pursued by the party agreed upon by SGRC within the agreed time frame. The SGRC will follow on implementation of the recommended action by the agreed date. To verify satisfaction of the complainant, the aggrieved person will be approached by the secretary to ensure that the resolution has been implemented. A signature of the complainant will be obtained and recorded in the grievance register. If the complainant is not satisfied with the verdict, the matter is referred to RIC. Step 5: Action by RIC If the complainant remains dissatisfied, RIC will meet at county level. The matter will be deliberated upon and appropriate decisions will be made. Documentation will also be done at this level. The RIC has 14 days to resolve the grievance. The resolution reached will be communicated through SGRC secretary who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied, however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. This process will require to be disclosed extensively though sensitization meetings with PAPs and individual meetings as well as disclosure in prominent places. Pamphlets on the grievance process being displayed in prominent places like the Area chiefs Office. At the level of SGRC and RIC, GRM has proposed average resolution time of 28 days upon registration of the grievance Step 6: Law Court In case all the above mechanisms fail to resolve the matter, the aggrieved party, he/she can resort to the judicial recourse. 9.3.2 Efectiveness of the Grievance Redress Mechanism Various measures will be provided by RIC and PCT to ensure the effectiveness of the Grievance Redress Mechanism. Necessary technical and financial support will be extended to the SGRC to enable them function effectively, Part of the training will include: " Roles of the committee and the process of GRM o Conflict resolution , mediation and reconciliation, O Record-keeping, O Report-writing The training will be undertaken prior to commencement of RAP implementation, by the KISIP social safeguards team and or PCT. * The SGRC and the RIC will make monthly reports on the progress in addressing grievances e.g. grievances received and handled, * The committees at all levels will maintain records such as: grievance registers, minutes of meetings, and correspondences, for reference and monitoring. 9.4 Monitoring of Grievance Resolution At both, SGRC and RIC, regular progress monitoring of grievances filed will be undertaken, grievance status and actions taken and recommendations/resolution will be constantly checked to ensure satisfaction of the complainants and thus averting project implementation delays. The SGRC specifically, will monitor and track grievances, assessing the extent to which progress is being made to resolve them, and submit (monthly) grievance resolution reports to RIC. RIC will also prepare reports for the KISIP Coordinator. 53 Figure 9-1: indicates the GRM procedures and Turn around resolution Period Level I SEC The secretary Receives & Records of grievance in Grievance register and notifies the chair person Chairman of convenes SGRC meeting of the committee (within 14 days) to review, I Complainant satisfied investigate and resolve the complaint with outcome Final close out If Complainant is NOT satisfied Complainant satisfied with outcome Level 2 RIC Committee Receives findinds and recommendations Grievance processing by report and reviews RIC (14days If Complainant is not satisfied proceeds to Court, if satisfies it is closed Level 3 (Court of Law) Complainant seeks Legal Redress Figure 9-1: Steps involved in GRM 54 10. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION 10.1 Introdution The overall responsibility for the implementation of the RAP is vested in KISIP Project Coordinating team (PCT). The PCT consists of Component heads, planners, social safeguards experts, Monitoring and Evaluation, procurement officer etc. KISIP through the Ministry of Transport, Infrastructure, Housing and Urban Development also has the responsibility to source for the funding required to facilitate the PAPs promptly as outlined in commitments provided by this RAP. The specific implementation tasks will however be carried out by the RAP Implementation Committee (RIC). Since the implementation of the RAP is a joint responsibility between the National and the County governments, the Committee will have joint membership as proposed: From KISIP National PCT: a) Head of Component 1 b) Head of component 2 c) Project Liaison Officer d) Environmental and social safeguard specialist e) Communi Development specialist f) 3 members from Component 2 - Surveyor, land administrator and Valuer g) KISIP Finance Officer From the County: a) County KISIP Coordinator who will be the chairman b) Community Development Officer c) County Surveyor d) County Physical Planner e) County Environmental Officer f) County Land Officer g) Representative from NLC This RAP has been prepared against the approved 2016 LPDP for Kaloleni and the survey plan is undergoing Approval Process by the director of Survey. The implementation of this RAP will begin after it's approval by the World Bank which will culminate to the issuance of title deeds (Tenure Security) to beneficiaries. The RAP provides for coordination of relevant institutions discussed in sub section 10.1 above, the responsibilities of implementing the various RAP activities are illustrated in Table 10-1 while figure 10.3 presents information sharing and Stakeholder Engagement Strategy. Table 10-1: Organizations with Responsilities for RAP Implementation S/N Organization Responsibilities 1 The Treasury * Financial management on behalf of the Borrower (GoK) Ministry of Financ Provision of funds part of which will be used to settle compensation claims by PAPs 2 Ministry oil Project employer with overall implementation responsibility; Transport, * Manage the project including monitoring and evaluation Infrastructure, * The ministry handles land tenure matters and issues titles; Housing and Urban* Will interface with the National Treasury on issues pertaining to Project funding to Development ensure smooth flow of both internal and external funding, and at the same time communicate directly with the Bank on range of issues. 3 National Land Custodian of all public land on behalf of the county governments. Commission Ensure Issuance of Title Deeds to beneficiaries 55 4 KISIP National* Coordinate the effective implementation of the RAP as provided for by the Team RPF * Prepare Progress Reports on the implementation of the Environmental and Social Safeguards. * Procure and supervise consultants for Social Assessments. * Build the capacity at all levels to implement the RPF. * Supervise RPF implementation during and after project implementation. * Ensure integration of RAPs into Contract and Bid Documents. Ensure adequate community participation. 5 KISIP County * Validation of assets and PAPs before compensation Team * Sensitization of PAPs on bank accounts and use of compensation funds * Monitoring of RAP activities * Formation of the grievance redress committee * Capacity building of RAPs committee * Oversight and supervision of special assistance to vulnerable and rebuilding of livelihoods and structures owned by vulnerable PAPs who need assistance. 6 KISIP RIC * Provide overall leadership in the implementation of RAPs; * Organize the public disclosure of the final RAP; * Confirm entitlements and the final PAP register; * Oversee compensation and other assistance to PAPs * Hear and consider representations from PAP Committees; * Support the grievance redress mechanism. * Prevents further encroachments after the cut-off date * Issuance of demolition notice and implementation of the demolitions * Development, management and maintenance of roads network 7 SEC * They provide the entry point to the settlement. * Solving land related disputes within the settlements. * They provide a link between the community and other institution. * Assisting the vulnerable PAPs to reconstructs their structures 8 SGRC * Receiving, filing and resolution of grievances at the grassroot level 56 � и � � i' "�' � r� � e `', 3 � И ,_�' С и га и С _� � � т � с � O0 £ с� а> с � ��. �. _ _ � S Е :- � с £ �> > Е 1'":;. о� c.Ci Е с Ё и Е � й Е � а д оо а '1 г� ` г = с � и '; ш .�' t..:� i д � ° � I�i , Q й о а ° °' � а а а ор I' с_ £ с � О v о д , ,: L ы � � : �`г��� i 3 � � v 1 , о о Е � ' j т � з � I � 0 > U !. � С � � � ы I,;:.: i � �- � � и V '- � -�х_ "_ _ _-ьn � д с- � С � � � � ` I'.�G�'�'. tи� А и'з о� и и� ы�7 � '.д�` vхг� �и�¢ ос �t�¢и s в; И .с 01 и ����;I Z О О р а О .. �!': ч, О и д ,, � С Й р �ё 'о �;�'.;. О с � с а � О.'�. �O О i+ 9 . � � n ш � j, � С .._�'. С О � � (� n ;� с . �.. �' '+ С N ьд. С 0 и 7 С у�_ ,, � °1 й с .с � у и го С > � � �; U �-,. : С и ы 7 [П 'О '::.у�,� , L 'О С~ f� �р О С у и 'v � lJ � �� '� ,, а � О С й 10 � ы С � д � ¢ V � g у`� о т-- д -о 3 > т v с с� °r ;I •- оо г� о �' с ш � °-' у т �' 'о U ', И ', о�;п с с т с:: � � Е ` о о с j.;.-_i т о о и и р т ш т о v�� �;о � 3 v � а> � Е ы v � е й с Q с т о °' = а о � � а о - о n г, 1... � � т� �� �z шаг'iv ��а и�. �О� 1;:'�. 1 -о о - С 1-i �7 и � N"" Lo_0 N С у Й� � U С > � ' _ У д О у и Е ° � cci v � > � м �'-�� �? � N n ы У т и N . . ? 7 а� Е � с� с с �� � = с в � � и с а � ш ; 3 � е`° �' ш и д с т v � ч ш ш У ш Е � т°° о �и, с � � `., � � 1 ��а и� С а � N Ф � �° n. Ф ,: � j а� �' с и¢ У с го ¢ 0 I И � а г° д а n°и и v й с а ш а %...�, V2 о у у n`� � G1 у� � � > с т -° � � с = с 3 °1 > � с n ' � ¢�шЬС Q ,PiY`л� °-°ш,,с, � ¢ �ш ц . � < �, � . � �.,w �: ' ,r t '�l7 ьй.Z� С ш�: �l�' 0.2 с� oG,,2 и� ` ,�' :' � .' . ------ - -- - ° .__ W s.. Ф ' _ .., �,Г'�'-, Л -----` ^С7 ��'� � О �. �С С' aZS иf � N � �i i'� I � s � ) ,� а� Ё�1 �� �ч в. 'О. , ++ °С '� ,S4 .�'� Э � С�:У� �.:-� С � � � � �� � I' � � .,,,�. �� 7 ��, О �� . г р..`� �� ��, ��� ;�1: 1 V] �р � �д��� �� ( . ro и� � � и � ,,н_ i .. 3 ы `� `� и �. гу � i � Q� �' . � { = : � а ,., с� I О И 71 �:. и :I и... k С..� .. � � ID��„ ���q�J �,�� � �'� � � �I � QE.p�c�!"-� у ...,,.. S� и, � , � � r--, , 1` =i '; г ; 1 � -% - � -- �" � о и � и � р е � д� о � � :-� .9 - � м ,� L - - ; � � � � i' � :� } �f � , ( г . «,. н ¢.. �, N k 4� i:: Ь�.: . i�� _ Г; �, _ ��1 i 7 � - � .� .,,„, i; � р _ - . � - -- -- - ... . � , -'� - _ ---- - ` ' � �'�. _ � v ����ччч И и � И =�у И и � 7Ч �' b •fO с с у •� � � о ,� с`� � � � С � о о_ � � У � �0 � о G� U О�' и и ++ °' � � � '� �' � � �'. о . G ,у ь-U-� � н v� СWЛ U% И о д N U V � U Pi U R�i ��' � о � � � � р b 4-i {--i н f--i �-r {-i �+ и � � � � � [� � � о и и и и и и о аЧ, и W�-V] и и о од w о .. ,� � о и о � С о о и +' � v а� о д.� о и � � (7 ар и � � ,� сое � �•,. � Q'i у� 'L7 `1 Q :� и 'б О Р: � .� •� > О о �' ° G � .�•� 3 � ' а� и � � й�+ о и о W �„ о О G � и сС ��g I7 �i '� � � � `� •� °' � �д � о о и °а ° и '1� � '-' Ih � G Ч � й � '�"и1 у V \ д V V v о .у, а'L'J N � '� о о •� д•� Г� � � � � 3 w о ° � а и � о ° й г� о о •� ° и й а� о,о и а 'b � и сд С� 'I7 у и ! � � G' �с +� "О U W й Р� о •� ~ С f� � ' �� v о А^О А а� v О W I� � й р-, i,., y�v, й� С �� � у •о = i А � а � � й� 4-• ° ч, ' 0 �, сод аи1 w'� •� :+�+ � w v „ о � � W `� о aoi '�-' � �� о о о z �°� о� � с � о•� � v ���.� '� ао, .� о о о о о b ьд � � z у � � � �` •� •� � `� � � � й � у cvi � � � гио р4 о:� о,о •� �,� у:� д�+. � й ��-n к о оСΡ •� � м � =+ и й Д� •� L.' Я � Q й � й у F о � � р С, у�•-+ �е О�с а� О О и с� а� � �_ ° � Fy � о ' С `_. N и .-. (� iл о0 •-• •--� •--� � . � I LMONITORING AND EVALUATION 11.1 Introduction KISIP will conduct regular internal monitoring of the Performance of RAP commitments and Implementation process. The follow up will assess progress and efficiency of implementation process, procedures and operation in relation to the specified expected outputs. Monitoring will be done at two levels: Internal and external monitoring. The objective of monitoring RAP implementation process is to; " Identify problems and successes related to RAP implementation process early and allow timely adjustments of implementation arrangements. " To ensure smooth implementation of RAP in accordance with legal framework and realization of anticipated physical and social development in the project area. Regular monitoring is required during the entire RAP implementation period. However, an evaluation will be conducted one year after conclusion of implementation to assess the compliance to the process to the provision of this RAP. 11.2 Objectives of Internal Monitoring The objectives of internal monitoring and supervision will be to ensure: (i) Actions and commitments described in the RAP are implemented. (ii) Ensure that full compensation to the eligible project-affected persons is disbursed prior to implementation of the LPDP. (iii) The cash compensation accorded for livelihood compensation is realistically used to reinstate PAPs lost incomes. (iv) Complaints and grievances lodged by project-affected persons are followed up, attended and resolved. (v) RAP implementation procedures are adhered to and suitable changes are made where necessary for efficiency and effective delivery of entitlements to project-affected persons 11.3 Responsibility It is the responsibility of the KISIP to conduct regular internal monitoring of the resettlement penriormance Wo-un Tie RIC and the saf-eguard team. KISTP moffltoring team will collect RAP implementation progress data collected on a regular basis and accumulated. It is then analyzed and presented appropriately and reports shared with relevant institutions like the CGK and NAM among. 11.4 RAP Monitoring Plan The RAP Monitoring Plan and Framework details different levels of monitoring and will include: i. Internal monitoring by KISIP PCT at county level; ii. External monitoring by independent consultants; and iii. RAP Completion Audit. 61 Table 11-1: Monitoring Plan Component Type of Data Collected Source of Data Responsibility for Frequency of Activity collection Methods Data Collection, Reporting Analysis and Reporting Performance Measurement of input Monthly or quarterly MoTIH & UD Semi-annual/annual Monitoring indicators against narrative status and Project as may be required proposed time-table and financial reports Implementation by the Proponent budget including Team (MoTIH&UD) procurement and physical delivery of goods, structures and services. Impact Tracking effectiveness of Quarterly or semi-annual Project resettlement Annual or more Monitoring inputs against baseline quantitative and unit or contracted frequently as indicators qualitative surveys external monitoring required by the agency Proponent Assessment of PAP Regular public meetings (MoTIH&D) satisfaction with inputs and other consultation with people affected by the project; review of grievance mechanism outputs Completion Measurement of outcome External Contracted external On completion of the Audit indicators such as assessment/sign-off auditing and RAP time table productivity gains, report based on evaluation agency livelihood restoration, and performance and impact developmental impact monitoring reports, against baseline independent surveys and consultation with affected persons 11.4.1 Performance Monitoring Successful project implementation will be achieved through monitoring of performance of scheduled project actiAities in order to generate data by 3icGh to judge the suevess or ethwq ''4s of a project aeAivitics. The dAta generated will be qualitative or quantitative in nature depending on the parameter being monitored. The data will be collected on a regular basis and accumulated. The Performance Monitoring framework will encompasses: (i) Verifying Internal RAP Implementation Reports from records on: * Payment of compensation including its levels and timing; * Training and other developmental inputs undertaken; * Rehabilitation of vulnerable Persons programs; * Infrastructure repair, displacement or replacement undertaken; * Enterprise displacement, compensation; * Transition support activities and allowances. (ii) Checking for noticeable changes in patterns of occupation, production, and resource use among PAPs will be compared to the pre-project situation. (iii) Checking for noticeable changes in income and expenditure patterns among PAPs will be compared to the pre-project situation. (iv) Checking for changes in cost of living among PAPs will be compared to the pre-project situation 62 (v) Checking for changes in key social and cultural parameters relating to living standards (vi) Checking for changes that has occurred for vulnerable groups as a result of benefiting from the project. (vii) Assessing the type of grievance issues recorded, time taken to resolve cases and the functioning of grievance redress mechanisms which will be evaluated by reviewing the processing of appeals at all levels. These information can be obtained through; * Random samples of affected people will be interviewed in open-ended discussions to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation measures. * Public Consultations with affected people at the community level will be observed. 11.4.2 Impact Monitoring The project will generate both positive and negative impacts of the project. The monitoring will assess the social aspects of the PAPs that constitute key activities to be undertaken in implementation of RAP. The monitoring programme will reveal changes and trends brought about by the presence and operations of the project. -easicactivitiesTor a souiGnionitornfirogriiewilFalfdessthe-follown parameters: * Changes in livelihood earning, income levels among PAPs * Change in health trends of PAPs * Identification of unexpected environmental impacts 11.5 Monitoring Indicators The following key parameters will be used for monitoring as indicated in Table 11-2 below: Table 11-2: Monitoring Parameters and Indicators Parameter Indicator Sensitization of Number of PAP meetings held PAPs Attendance of PAPs meetings disaggregated by gender Accessibility of meeting venues to PAPs Disclosure of RAP at settlement, on Ministry Website, World Bank website Availability of RAP at settlement and County level Compensation No. of PAPs fully compensated Amount disbursed Accounts opened and active No of PAPs trained on financial management Livelihood No. and types of of business initiated or maintained restoration Average income for the PAP Average expenditure Security of tenure No. of Titles issued No. of semi/ permanent housing structures Grievance No. and type of grievances logged in the register Redress No. and type of grievances resolved No. of claims reefeered to PCT/Law Court 63 o. of trained GRC by gender ommunity e number of participants by gender attending community consultative meetings related articipation an to this RAP wareness ype of issues raised during public consultation meetings he number of communit consultative meetings held Number of participants and level of information communicated. wareness an wareness about entitlement information ccess t vailability and Accessibility of the RAP document on the Ministry's website and the Information ank's Info shop vailability and Accessibility of the RAP document at the local level e of information disclosed to PAPs durn each meeting Trainings an umber of trainings held disag gegated by tar get group and topics/ themes discussed Capacity Building Number and e of articiants disag regated by gender erception of PAPs on usefulness trainings and issues discussed ulnerability No. of vulnerable PAPs (ender segregated) supported ype of economic activities initiated by or for the vulnerable ender Concern No. and type of grievances raised by either men / women GBV related cases reported 11.6 External Monitoring and Evaluation- - External monitoring will be conducted by an independent firm hired by KISP to follow up on project implementation status. The monitoring will involve review of compensation process and RAP implementation provisions requirements with the aim of ensuring that implementation is in accordance with RAP provisions. In addition, external monitoring will involve follow up on complaints and grievance redress procedures to ensure concerns raised by PAPs are satisfactorily addressed in a timely manner. The objective of external monitoring and supervision will be to: * To assess overall compliance with the RAP implementation process as provided in this RAP; * To verify that measures to restore or enhance project affected people's standard of living and livelihood are being implemented and to assess their effectiveness; * To assess the extent to which structure and livelihood compensation was undertaken in line with the provisions of this RAP. * To recommend any corrective actions necessary to achieve compliance with the IUA& iniplunmitation guidelines 11.7 RAP Audit RAP Completion Audit will be conducted after 6 months of RAP implementation commencement. RAP implementation completion is supposed to end after 9 months of commencement. The audit will be to determine whether the RAP outcomes comply with the resettlement policies. The audits will also determine whether the efforts to restore the living standards of the affected population were properly conceived and executed. The audit will evaluate the following: * Verification that all physical inputs committed in the RAP have been delivered and related services offered. * Evaluate whether the mitigation actions prescribed achieved the desired results and identify those that might require further consideration. * Assess changes in social economic status of the PAPs against the baseline conditions of the population before the project. 64 The Completion Audit will be based on documents and materials generated by internal and external monitoring. In addition, auditors will make their own assessments, surveys and interviews in the field and with Project-Affected- Persons. The overall objective of the completion audit is to assess whether RAP implementation was in compliance with Op 4.12 and the Government regulations and whether the resettlement objectives were met; specifically, whether livelihood and living standards have been restored or enhanced. The detailed objective are: * To dialogue with the beneficiaries for their feedback regarding implementation; * To assess whether RAP implementation was in compliance with Op 4.12, the Government laws and regulations and best practice; * To ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions * To assess whether the resettlement objectives were met; specifically, whether livelihood and living standards have been restored or enhanced as measured through incomes and standards of living, with an emphasis on the "no worse-off if not better-off' requirement; * To assess the resettlement efficiency, effectiveness, impacts and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation; * To assess the fairness and promptness of the compensation and resettlement procedures as implemented. The following tasks will be undertaken: * Review of the RAP and other project related documents that would be relevant for the monitoring, including various progress and monitoring reports * Review of the grievance list and action taken against those complaints; * Detailed discussions with the SEC team, RIC and PCT * Consultations with some households that were resettled; * Consultations with a small sample of Plot owners/users impacted by and who have registered complaints about the project * Discussions with Government representative from National and county government 65 CONCLUTIONS AND RECOMMENDATIONS Conclusion This RAP has been prepared in line with the applicable policy provisions of Kenyan Government and the provisions of the World Bank's Safeguard Policy on Involuntary Resettlement (OP 4.12). OP 4.12 which requires that a RAP be prepared for all projects that anticipate displacement of persons including shelter, livelihood and associated impacts. As guided by the stated policies and regulations a PAPs register, asset inventory has been prepared and entitlements matrix prepared for the impacts noted. Further, livelihood restorations facilitation has also been recommended. KISIP's main responsibility is to ensure all PAPs are adequately facilitated according to the recommendations of this RAP and Title deeds issued to all beneficiaries. The implementation tasks will be carried out by KISIP RAP Implementation Committee (RIC) for both at National and Kisumu County level. Commitments In order to ensure that this RAP is fully implemented, KISIP binds to undertake the following: * To collaborate with the Registrar of TitlesAo-organize andarrut Sensitization-exercises-aimed-at enhancing women land rights as documented in this RAP. * To facilitate all the Project Affected Persons according to provisions of this RAP including the budget for compensation and timelines as per the implementation schedule. * To ensure Grievances raised are addressed and resolved on a timely manner during implementation of the RAP as provided by the GRM. * To promptly facilitate all the vulnerable persons enumerated in this RAP in accordance with the provisions of the entitlement matrix in this RAP. * To provide seedlings to community members and carry out sensitization on conservation of trees as community assets. * To undertake issuance of title deeds as per the implementation schedule of this RAP through the Ministry of Transport Infrastructure Housing and Urban Development (MoTIH&UD), and NLC to beneficiaries and PAPs concurrently with compensation payment. * To work with the county government to ensure sustsinability of the project by providing required skills through * To undertake monitoring and evaluation to ensure compliance to national laws and regulations and safeguard policy. 66 APPENDICES 67 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) 68 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR KALOLENI INFORMAL SETTLEMENT. Type of Meeting: Validation Meeting Date of Meeting: 6"1 June 2018 Venue of Meeting: Kaloleni Social Hall AGENDA I. Opening Remarks and Introduction 2. Presentation of RAP findings and entitlement matrix 3. Verifying PAPs especially affected by Road reserve and inter-plot boundary (if any) 4. Emerging issues 5. Any other Business Back2round - -Referetreetothe-meeting-held-on-Monday-I -May-20711-at-World-Rank-offree-at-Nairobi-aird-follow-up letter received from KISIP (Ref: MH/SUD/8/21/VOL.46/(214) regarding issue of PAPs, all Consultants were advised to organize meeting with PAPs revise RAP reports accordingly and resubmit. MIN 1: Opening Remarks and Introduction The meeting was called to order at 10:30 Am by Mr. Abdallah Shariff, Chairman of Kaloleni Settlement Executive Committee (SEC) who welcomed participants before inviting a member to say a word of prayer. He then invited Mr. Paul Kivuva, GIS Specialist from consultants to facilitate the introduction and itemize the agenda for the meeting. Mr. Kivuva invited Consultants, representatives from County Government of Kisumu, Assistant Chief and representatives of KISIP for self-introduction. Mr. Kivuva informed participants that the agenda for the meeting was to discuss the final findings of Kaloleni RAP study and further validate the list of affected persons, especially those affected by road reserve and inter boundary if any. In his opening remarks, KISIP National Government representative- informed the meeting that processing of title deeds to Kaloleni beneficiaries is ongoing with 95% of the work completed. He further emphasized the purpose of the meeting and urged members to stick to the agenda of the meeting. MIN 2: Presentation of RAP Findings and Entitlement Matrix for Kaloleni Mr. Kivuva introduced the discussion by briefly outlining the purpose of the meeting. He informed PAPs that the main purpose of the meeting is to validate the asset register that was developed during RAP studies and to discuss entitlement matrix for the settlement. He reaffirmed to the PAPs that they are in the asset register because they were affected by the road reserve following planning and surveying of the settlement. For Kaloleni settlement there are no inter boundary PAPs because a resurvey was done on February 13' 2017 to rectify cases of inter boundary which occurred after planning and surveying of the settlement. He then welcomed Ms. Margaret Wanjiru, Sociologist from the consultant, to proceed with presentation. 69 Her presentation largely bordered on findings from inventory of affected assets and entitlement for compensation matrix. She reported that the nature of compensation had been recommended through an entitlement matrix covering the diversity of impacts anticipated in the project. She confirmed to the PAPs that there would be no loss of land in the project. She proceeded by outlining categories of impacts due to planning and survey process that was concluded last year. The categories were loss of assets; shelter for tenants and residents,Vunerability and livelihoods disruption. She informed the PAPs that KISIP had developed a resettlement policy frame work which formed the basis for the entitlement and categorization. She went further to elucidate each of the categories as follows: a) Loss of Assets She precisely explained the categories of assets that would be affected by the road reserves. She categorized them as permanent buildings; semi-permanent/temporary buildings; and other assets such as gates, fences, septic tanks, perimeter wall among others. Premised on her presentations, there would be 100% replacement cost based on the area impacted of the permanent building. But when a permanent structure is impacted more than 50% and the residual structure if assessed and found to be nonviable then the entire structure will be fully replaced and replacement cost. However, she informed PAPs that in the case of semi-permanent assets (structures made of reinforced mud wall, timber, iron-sheets) then there would be 100% replacement cost regardless of the affected area. Additionally, other assets such as fences, gates, perimeter wall and septic tanks would be compensated at 100% replacement cost of the affected assets. The owners would also be given three months' notice to remove the affected asset and the right to salvage materials. b) Loss of Livelihoods Margaret classified impacts on livelihoods into two that is, loss of rental income and loss of business income. Loss of Rental income: She unequivocally stated that the PAPs are entitled to three months' notice and according to KISIP they proposed a two month cash grant equivalent to average income, this would be enough for income restoration. Loss of Business income: These are those operating commercial business enterprises. They would be given adequate notice to vacate. Affected commercial businesses would be given two months cash grants equivalent to average income as a means of facilitation. This (two months cash grants) she noted was a decision made after wide consultations. She acknowledged that KISIP Resettlement Policy Framework provides for two weeks cash grants which were far from adequate for restoration of the business and wastes opportunities during project implementation. c) Loss of Shelter This applies to tenants She confirmed that the PAPs would be given three months' notice for vacation and they would be entitled for an allowance to enable them look for alternative accommodation. She accentuated that KISIP Resettlement Policy Framework proposes that each household should be given Kshs. 5000 as one time shift allowance. However, she noted t the amount does not reflect the family size and did not incorporate individual effort. After finishing discussion on category of impacts and their proposed 70 entitlement, the sociologistalso discussed the need for the PAPs to forn a grievance redress committee to assist in solving cases and complaints at grass root level. According to KISIP resettlement policy frame work, she said, there are three tier levels involved in the composition and general structure of the redress committee. She then discussed the three levels. She pointed out that the grievance redress is anticipated at 3 levels; * Grievance Redress Comittee level (GRC) * Resettlement Implementation Committee(RIC) * Further arbitration from Law Courts All the levels were explained into details and timelines for reporting was also discussed with the PAPs. She concluded by emphasizing that all those pursuing grievances at the settlement level those who report grievances at all levels will be entitled to some allowances. However those pursuing further arbitration from the Law courts will meet their own expenses. Also, both the SEC and GRC committees will receive training on capacity building, gender issues and rights of women to own title deeds. Lastly, in order to provide women with the opportunity to manage facilitation funds, it is recommended that affected spouses to operate a joint account to ensure transparency and accountability in the management of the facilitation money. After presentations the list of all the affected PAPs and the affected assets were read to all PAPs. PAPs were given time to check for their details in the register and to make necessary amendments to their personal details. Missing ID and telephone numbers in the register was filled by the consultants. MIN 3: Cut-off-date The cut-off date of 8th September 2016 was communicated during public consultation meetings held in the settlement on 6th June 2018 and disclosed as per the notification circular (Appendix 3 ) which were copied to CGK as evidence. It was emphasized to the PAPs on the significance of the cut-off-date and therefore any person who puts up or constructs structure after the set date will be considered for compensation. This is due to the fact that assit register has been concluded and entitlements determined. The declaration is well explained in (Appendix 3) MIN 4: Emerging Issues After the presentation and confirmation of the register, PAPs were requested to raise comments and questions. The questions and answers are tabulated below. Sr. Question Answer 1 A member sought to know whether the people t was unanimously agreed that the contractors were affected internally by the vibration from thealways required to undertake an Environmental equipment constructing roads would belmpacts Assessments (EIA) and put mitigation compensated. measures for the projects that have adverse environmental impacts. KISIP National Government representative further advised the people affected by road construction to report to the resident engineer for an intervention. 2 Mr. Ouma raised a concern that the survey thatIt was agreed that such weighty issues should be was done by the consultants in coordination eported to the Town Planner for more clarifications. with KISIP was being ignored by the engineersIn addition, SEC Chair reported that KUP was not from Kisumu Urban Project (KUP involving and consulting the SEC when working in the settlement. 71 2 Mr. Boaz, the owner of plot 9 asked whether itlt was decided that the details that were not captured was possible to add more details to any before the cut-off date would not be considered. household affected. He also sought to know who would do the demolition. 3 Mr. Ramadhani reported that road surveyors t was also reported by a participant that some new gnored the beacons that were erected/fixed. plot numbers were added after the surveying and he KISIP National Government representative wanted the issue to be addressed. Another member advised that the issue should be pursued withsought to know if he could be allowed to confirm the KUP ositioning of his beacons. KISIP National Govermnent representative confirmed the chapter of beacons had been closed and there were minutes to that effect. He said that the chapter for beacon was made public. He appealed to the residents to report some of their issues to SEC for timely interventions. 4 A member raised an issue of overlapping It was agreed that the issue had been addressed before beacons and the one that had conflicts were referred to National Land Commission (NLC). Areas that had no conflicts were successfully surveyed. 5 Assistant Chief, Mr. Kodhoch sought to know if KISIP National Government representative confinned the government would take back the plots after that KISIP and by the extension the government had upgrading. no intention of taking people's plots. She acknowledged that one of the key objectives of KISIP is to improve livelihood. In addition, she informed participants that title deeds could only be processed once there was an approved plan, Registry Index Maps (RIMs) with a survey plan and the list of beneficiaries. She also reported that vetting of the plan at the office of the Director of Physical Planning was almost complete. She went further to advice beneficiaries not to sell the plots after obtaining their titles. 6 A member sought to know whether the sizes of Participants agreed that survey was done as per what the plots we the same. was on the ground. FINAL REMARKS AND CLOSING The following remarks were made in respect to the project: 1. KISIP National Govermnent representative encouraged the settlement residents to use SEC in solving their issues 2. Assistant Chief notified the participants that he had only four years to retire and he would be happy if the Kaloleni would be developed during his tenure. 3. SEC Chair thanked all the participants present especially KISIP, consultants and the officials from the county government of Kisumu. 4. Consultant thanked PAPs and other participants and highlighted that there was no cases of PAPs affected by inter-plot boundary. Thus the RAP findings presented in the meeting will be submitted to KISIP as the final PAP asset register. MIN 4: Any Other Business There being no any other business the meeting was adjourned at 1:00 pm with a word of prayer from SEC Secretary. Thereafter, members were allowed to leave at their own pleasure. Signatories: 72 1. A bdallah Shariff ........................................................................................ (Chairperson, SEC, Kaloleni) 2. C om el R . A kach....................................................................................... (Urban Planner, KISIP) 3. Paul K ivuva.............................................................................................. (GIS Specialist, Consultants) Approved for Circulation By: 1. Edwin Obadha Owino........ .................................................. (RAP Expert) 73 Courtesy Call to the Area Chief of Kaloleni RAP Meeting in progress 74 Consultancy services- for Planin and Survevinr of Selected Informal Settlements in Nairobi, KisuKakameg and Kericho Countijes in Custer I, Kenva. Attendance Register Venue:... ec, 1 7/Ə Meeting Purpose: . . . ···----- Date:.Time SINo Narne Institution/ JobT!tle IDNo. Phone No. Email Signature 10, 16. 12. _____ ~CjS{ 23 931Æ ¶ 9_L 4 Consultancy ervices for Plartag_nd Surveyine ofSelected Informal Settiements in Nairob* Ksumu Kakamegn and Kericho Counties in Cnuster L Kenya. Atiendance Register Venue: -Meeting Purpose:..£ ··V------uae:. ....... ...ime ..... S/No. Name Institution/Job TitID No. Phoe No. m 16 14.* ______ ________ Sinaur 2. Z47 - 75 Consultancv services for Panniny and Surveving of Sekcted Informal Settlements in Naroi Kisumu. Kakamega and Kericno Counties in Cluster _ Kenva. Attendance Register Venue: ... k Mecting Purpose:.. ····.------ Dat: Time:.. SfNo. Name InstitutionlJobTitle ID No. Phone No. Email Signature 2. I)iE? ~4 3 14 r Lx -1~ - j5 8.~~ 1.¶ SV~ 15. M anR2 76 APPENDIX 3. CUT-OFF DATE NOTICE Notice for the Cut-off Date Intercontinental Consultants and Technocrats Pvt. Ltd Ref ICTIKISIPICluster I/DT-120 16 September 2016 To, ChlefOfficer, Lands, Housing & Physical Planning Department, County Government of Kisumu, The Prosperity House, P.O. Box 27384010D Kisumu, Kenya Dear Sir. Subject* Cutoff date for Inventory of PAP & Structures affected In Kalolant and Manyatta Arab Settlements Reference to Controct no MLHUDINSIPICS1005A2013-2014. this letter is to bring to your kind notice that as agreed in the meeting of 31* August 2016, the concerned County officials and SEC members of the two settlements were informed about the cut off dates for Inventory of Project Affected Persons (PAP) at Katoleni as 7-8 and 9 September 2016 for Manyatta Arab. Consultations were held with all the project affected persons in Katoleni and Manyatta Arab settlements between 7' and 9 of September 2016 respecively. They were explained about the encroachment on road reserve and voluntary removal of all affected assets. The ounsultants measured the dimensions of structures encroaching on road reserve as per the PDP and same was clmmumcated o-thebenehRaesA dates and it ws exDlained that no resettlement facilitation will be provided for any structure added on moad reserve after the cutoff date. After vakation of all inventories structuresiassets an entitlement matrix wil be prepared to guide facilitation for PAPs and submitted as part of Draft Local Physical Development Plan for the two settlements. Thanking you for your kind cooperation and assuring you of our best services. Yours faithfully. Deepa Tudpathl Team Leader Intercntinental Consultants and Technocats Pvt Ltd CC: KlSIP County Coordinator, Kisumu Chairman Manyatta Arab Chairman KaiWeni Ri7;=' aInnovatte, Creative &TechnologicallySustainable Irarstructure Solutions 77 2ND Technical Stakeholder Workshop, Kisumu Annemure 1-5: 2Ud Technical Stakeholders Workshop, Kisumu Preedings of Technical Committee Meeting, Kisumu County Minutes of Meeting Meeting for discussion on Local Physical Development Plan (LPDP) Proposals of Manyatta Arab and Kafoleni Informal settlements, Klsumu County Date: 15'' September, 2016 Time: 10:15 am Venue: Board Room, CO- Land, Housing and Planning; Kisumu County. Introduction Agenda of the workshop *RHeview th LPD-oTKa1oIenFAndMa Arab * Provide a way forward The meeting started with a word of prayer and self-Introduction by participants. Mr. Daniel Ogada. county KISIP coordinator, welcomed participants and facilitatedt anchored the proceeding of the meeting. The meeting was chaired by Architect Derex OSura, chief otticer-Land. Housing and Physical Planning, and attended by representatives from county government and SEC members: some of them are listed below St. No Name Designation Department 1 Mr. Arch. Derek Chief Officer, Land, Housing, Kisumu County Obura Physical Planning and Urban Development 2 Mr. Daniel Ogada County Coordinator KISIP-Kisumu 3 Mr. George Obitny Land Surveyor City of Kisumu 4 Ms. Dorothy Community Mobilizer City of Kisumu Ononano 5 Mr. Comet R. Akach Urban Planner KISIP Nairobi 6 Mr. Selesio Kaburu Surveyor KISIP Nairobi 7 Mr. Yusuf Mohamad Chairman SEC. Manyatta Arab 8 Mr. Abdallah Ahmed Chairman SEC. Kaloloni 91 Ms. Deepa Trioathi Team Leader Consultants 10 Mr. Joseph Kfioh Sociologist I _Consultants 11 Mr. Geoffrey Surveyor Consultants Warnaia 12 Mr. Satish Kumar Urban Planner Consultants There were 26 participants who attended the meeting and the atlendance register of participants is given in Annexure 1. Proceedings: Mr. Obura gave the introductory remarks and highlighted the importance of the project for the people of 2 informal settlements. He appreciated the work of consultant of LPDP, and noted that the proposed plan for Kaloeni looked good. Kisumu Conwfy 78 Proceedings of Technical Committee Meeting, KisimuCounty After the Introductory remarks by the chair, Mr. Ogada Invited the consultants to make the presentation. Presentation of Kaloleni and Manyatta Village: The various aspects of LPDPwere presented by Ms. Deepa Tripathi, Team Leader; Mr. Geoffrey Wamaina. Surveyor and Mr. Joseph Kiloh, Sociologist. The presentation was given on the following aspects: * Introduction * Scope of Work * Objectives of the Project * Approach and Methodology: 3 Phases * Key Challenges as identified by Stakeholders * Vision 2036 * LPDP Proposals o Population Projection o Contour, Slope Map. DTM o Development Constraints & Potential o LPDP - Assumption, Alm and Objectives o PDP and Survey Plan o Proposes of LPDP o Land use o Sodo-Cultural Infrastructure o Health Facilities o Trifnsjxrttson o Physical infrastructure o Water Supply " Sewerage and Sanitation o Storm water drainage, " Storm water drainage, a solid waste management system " Power Supply and Street Lighting a Fire Fighting * Affected Structures * GISIUS for settlements After the presentation, the Team Leader requested the participants to make their comments andlor suggestions. Mr. Ogada invited the members for their response to the presentation. Suggestions) issues of Kaloloni QueryI Qetion/ Observation Answer/Commentary Why government will pay compensation to the I There is no compensation for land encroachers when they deliberately in the proact. If people built houses with duo legal approval As per Kenya legal mechanism from county government there is no provision of paying any encroachers but since the project Is world bank funded therefore some facilitation will be provided to the PAPs Is the chiefs office part of Kaloleni PDP It Is outside the contract boundary of Kaloloni, as stpulated by KISIP Xisamu Counry Local Pkyzical Devlopment Plan-Faloleni 139 79 Proceedings of Technical CommIrree Meeting, Kisurnu County Queryl Question/ Observation AnswerlCommentary for purpose of the tenure regularization project The community may request the County Government to petition KISIP for Inclusion or the chiefs office in the proect. Government of Kenya is registered as owner The plots were surveyed way of some of the surveyed plots. before preparation of PDP. They are now occupled by boneficiarles who have allotment letters. There should be no problem, since it it still ovemrent land. Cut*off date for RAP Site survey was done to know the PAP on 7"and fl"September 2016. Therefore 8thSeptamber 2016 was the cut-off date for RAP purposes and no new construction will be taken into consideration for RAP People of Kaloleni were told by County - government earlier that they were not allowed to construct permanent houses because of the informal status of settlement It there no allotment letter for the open space There is no claimant of the plot and plot? therefore consultant has proposed as open space/ green area in the LPDP an upcip wa%owr temi iued "I LtIe LPDP Some surveyed parcels are overlapping * Since the presumed ownership of those 2 plots is GoK, therefore the matter can be resolved administratively through cancellation of overlapping surveys. * Survey plans may be retained as data but not as boundary Does the consultant have a quantity surveyor I The Consultant has a valuer, but if to assist with costing for facilitation? need be a quantity surveyor will be I incorporated. Suggestions/ Issues of Manyatta Arab Queryl Questiont Observation Answer/Commentary A particular house is there for 70 year and other house which is 20 year old but the old house is more affected than the newer one Plots 53, 54 are considered outside boundary For purposes of this project both of settlement. Someone went to Nairobi, and the plots are within boundary of was told thatthey are in Moscow estate. Manyatta Arab; Inaccurate Info may _ ______have been obtained from Nairobi. Kfsuma County Locol P/h.cl DevelopmentPlan -)alolerri 140 80 Closue Tne r~ting ended at 01.00pm with a vote of Ihanks frem Mr. Daniel Ojrda. SIgnator~es 1. Arch. Derek Obu - - (Chl Oicer) IKISIP County Coord,nator 3 Yusuf Mohamad . (SEC Chairman, Manyatta) 4. Abdallah Ahrned .... -. (Chairperson. SEC, Kaloleni) 5. Cornel R. Akach. ... (Urban Planner, KISIP. alrobi) 6 DeepaTripath L. (Team Leader. Consultants) Local PJr0:ica! l Delopment Plan-Kaloleni 142 Proccedings of Technical Committe, Meettng, Kfsumu County Annexure 1: Signature Sheet of Consultztive Meetings held in KIsumu County I - 81 Mdr ,eqa .n O - rw #I.i; Kimumu County Local Phy:ical DrwopmentrPlan-Calalrni 82 APPENDIX 4. CENSUS CHECKLIST Settlement Name.................................................... Enumerator-................... . ............. Date ....................... Owner details Property details Verification Make (mud Measurem wall, stone Claimant (if ents Interest (structure - main wall, iran differentfrom (square SEC SN Plot No Owner ID Cord No Phone No. house, wall. toilet, etc.) sheets, etc.) owner) meters) Signature chairperson 83 APPENDIX 5: COMPLAINTS FORM FOR PROJECT AFFECTED PERSONS Grievance No:......................................................... 1. Complainant's personal details (Maelezo ya Mlalamishi) Name( Jina)-------------------------------------------------------------------------------- 1.1 Id No (Nambari ya Kitambulisho) (Attach copy of ID) 1.2 Phone No (Nambari ya Simu)---------------------------------------------------------------------------- 1.3 Signature--------------------------------------------------------------------------- 1.4 Date 2 Complaint (Malalamishi) 2.1 ID No. (Nambari ya Kitambulisho) (Attach copy of ID) 2.2 phone no (Nambari ya Simu)---------------------------------------------------------------------------- 2.3 signature--------------------------------------------------------------------------- 2.4 Date ----------------------------------------------- DECLARATION I (m imi)------------------------------------------------------------------- Declare that the information provided in this form is correct (naapa ya kwamba maneno/ujumbe ninao upeana ni wa kweli) Signature (sahihi)------------------------------------------------------- Thumb Print Presented To :( Mwenye Kupokea lalamishia) Position (Wadhifa)-------------------------------------------------------------- Phone No (Nambari ya Simu)---------------------------------------------------------------------------- Signature--------------------------------------------------------------------------- Date ----------------------------------------- 84 APPENDIX 6: GRIEVANCE ACKNOWLEDGEMENT FORM Date Received:--------------------------------------------------------------------- Grievance No:------------------------------------------------------------------ 1. Complainant's details. Name: -------------------------------------------------------------------------------------------- ID No:-------------------------------------------------------------------------------------- Address: Mobile: ----------------------------------------------------------------------------------- Email: ------------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 2. Complaint Raised 3. Presented To Name: ----------------------------------------------------------------------------------------------------------------------- Designation:---------------------------------------------------------------------------------------------------------------- Address:-------------------------------------------------------------------------------------------------------------------- Mobile:------------------------------------------------------------------------------------------------------- Email: -------------------------------------------------------------------------------------------------- Expected date of Grievance resolution: ------------------------------------------------------------ Signature and Stamp: --------------------------------------------------------------------------------- 85 APPENDIX 7: GRIEVANCE RESOLUTION AGREEMENT FORM Grievance No:....................................... 1. Complainant's details. ID No:-------------------------------------------------------------------------------------- Address: Mobile: ----------------------------------------------------------------------------------- Email: ------------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- - 2.Cnmplaint Raisesl _________________________-_______ 3. Agreed resolution. I --------------------------------------------------------------------------------hereby confirm that I will consider the complaint/grievance fully settled if the Conditions set out under item 3 here above are fully met. Complainant Name: -------------------------------------------------------------------------------------------- IDNo: -------------------------------------------------------------------------------------- Date: ----------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 86 APPENDIX 8: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE Ministry of Land, Housing Urban Development KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) This questionnaire is basically designed for purposes of collecting Socio-Economic Among the Project Affected Personse Kenya Informal Settlement Improvement Project. FOMU YA KUHESABU WAKAAZI WA VIBANDA INFORMAL SETTLEMENT ENUMERATION FORM Serial No:--------------- Name oj Enumerator Date: Name of ward Name of Location Enu. No: County: Kisumu-KSM Settlement: Nubian - KSM/KLN Block ID KSM/KLN/Z_IBL_ StructurelD !KSM/KLNIZ /BL / / Dwelling Unit ID M/KLN/Z /BL /PL ST /RM SECTION 1: HOUSEHOLD DETAILS A ENUMERATION DETAILS:MWENYE KUJIBU(R SPONDENT): 1 Jina la kwanza (First Name): 112 J Jina la kati (Middle Name): 3 Jina la mwisho (Last Name): 4 Nambari ya kitambulisho (ID card No/Pin No): 15 Hali ya Ukaaji (Residents'Umiliki wa 1.................................................... Mwenye ploti (Plo Status) plotinyumba Owner) O 2. Mwenye Nyumba(Structureowner) 87 inapoenda kazini? io work) 2. Gari la moshi (Train) Matatul Basi (BusT Matatu) 4. Pikipiki (Motor cycle) Il 5 Baiskeli (Bicycle) .6 Kwa miguu (Walking) 7.Usafiri Mwingine (Other mode of transport) I fkiwa 8. (Usafiri mwingine), tafadhali eleza (If 8. please explain) 2. Settlement Roads Vs the road leading to! ..............,.......................................... The road is your house paved? tarmacked (Imewekwa lami) 2......................................................... T he road is not paved (Haijakarabatiwa) 3......................................................... T he road is graveled (Imekarabatiwa) 4......................................................... O thers - Specify Nyingineo - eleza) 3. >i lini hii barabara ilitengenezwa 1. ................................................... M waka moja mara ya mwisho? (When was the road uliopita (one year ago) last maintained?) 2. .................................................. M iaka m iwil iliyo pita (two years ago) 3. ................................................... M iaka m itatu iliopita (three years ago) E. HEALTH: SICKNESS AND MEDICAL ATTENTION Unapokuwa mgonjwa unapokea 1. Hospitali ya raia (Public hospital) 1.(Where do you seek matibabu wapi? 2. Hospitali ya kibinafsi (Private hospital) medical treatmient when,------ ik .Hospitali ya kidini (Mission / NGO hospital) sick?) ............. ...... ....................... M gangaw a mitishamba (Traditional Healer) 5. Duka la Dawa(Chemist) 6. Duka la Kawaida (Shop) - . Kuombewa / (Spiritual Healer) (Where is this medical, 1. Katika Mtaa huu (within this settlement) 2. Kituo hiki cha matibabu kiko wapi? facility located?) 2. Nje ya Mtaa huu (Outside this settlement) I f 2, specify | ----- ----- -- ----- - -- ---- - - ---------- - ----------------- - - -------------- kms 3. ~ What is the approximate distance to he health facility? 89 iY[agonjwa ambayo umeugua-ni ~Diseases suffered in the last 4 Months) iliyopita - - ---Malaria 5 Cholera - Kipindupindu 2. TB - Kifua kikuu 6. Respiratory fever - Matatizo ya kupumua 3. Diarrhoea Kuhara 7 Magonjwa mengine (Other ailments) . Pneumonia ---Homa ya mapafu HOUSEHOLD DETAILS 1 Idadi ya watu wanaoishi kwenye hiiNumber of familyMales (Wanaume) emales (Wanawake yumba (persons) living in this household unit 2 Age Structure of the people (Miaka Males (Wanaume) eales (Wanawake) ya watu) U-10 years --- Number of persons ------- --- --- -- -- -------------- 11-20 years--- Number of persons - ---------------- . -------- - 31-40 years ---- Number of persons 41- 50 years -- Number of persons - -- - - - - - - - - ---- - - - --- - - - - - -- --- - - --- - ----- - ---.- - 51-60 years Number of persons Over 60 years of age 3 Kuna watu walemavu wowote (Are ýMdio (Yes) La (No) 3l there persons with disability?) Ikiwa ndio eleza (If yes please explain) IWATER, TOILETS AND SANITATION (MAJI , CHOO NA MAJI TAKA) 1 M n ap ata m aji y a m atu m izi w api? (W hat is the m ain 1.Piped........... - - - ...............P iped w ate within the house (Maji ya mfereji ndani ya sourPce ofwater?): chumba) ............. ...i........... --....- - ...p.... Piped wate outside the house (Maji ya mfereji nje ya chumba) 2. ............................. ... ........... .W ater kiosk ------ --------- - --------- ----- --- -- 3....................................................Bottled w ate (Maji ya chupa) - ----- ------- - - -- ---- 4.Wter............................................W ater tanker (Gari ya maji) ------ --- ------ ---- -- .--..----- 5. ......- -k..- - -----... --............. Hakuna m aji (No 90 water) I 6.....................................................M aji ya m fereji (Piped water) 7. .................................................... sim a kisicho kirefu (Shallow well) I . ....................................................M aji ya m vua (Rain water) 9.....................................................M to (River/stream) 10. ..................................................N jia nyingine y kupata maji (Other water source) If I0, Speci)v 3. What is the amount paid for water on a(Malipo ya maji kwajKshs----- I onthly basis? mwezi) WASTE WATER 1. Ni mbinu gani zinatumika kuondoa(What is the main . .......................................................Kumwaga kwa maji taka? method of disposing choo (Pour into toilet) waste water?) 2. .......................................................K uunganishw a kwa mrefeji wa taka (connection to the sewerage) 3........................................................K um w aga kwa barabara (Pour it into the road (Kumwaga kw barabara) 4........................................................K um w aga kwa mtaro wa taka (Pour it into drain 5. .......................................................(N yinginezo --- eleza) Others means - Specify 2. -Po you have you own household toilet Yes No a. f yes, which type of toilet do you 1.....................................................Choo cha maji have (WC/Sewer) 2.....................................................Tenki ya kinyesi (Septic Tank) 3.....................................................Choo cha shim o (Latrine) - - ---------------------------- ---- --------- ------- --------- 91 4..................................................... Choo malumu (VIP) 5.....................................................Choo kingine (Others) 1kiwa 5 (Choo kingine), tafadhali ueleze (If 6. please explain) 0 . If N o , h o w d o y o u d is p o s e o f y o u r 1 . ....................................................C h o o c h a J a m ii waste (Public toilet) 2.....................................................Toilet shared by I 'many households 3. ....................................................Kichaka (Bush) 4. ....................................................4Kin esi kwenye plastiki (Flying Toilet) 5. ....................................................Choo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. please explain) 6. Methods of emptying (Mbinu za kupunguza Which methods are used to empty the septic tank or soak pit. kjaa kwa choo) Mbinu gani zinatumika) S1....................................................Local county authority (Serikali ya kaunti) 2. ....................................................Hired private worker (mtu wa kuajiriwa) 3.....................................................Manual method (Kazi ya mikono) 4. .................................................... Tank distributes the waste into ground/earth Lori ya kutoa) - -------- 5. ....................................................It is never full (Haijajaa) 6.....................................................O thers (Nyinginezo ---- eleza) SOLID WASTE 92 W h a t ty p e o f w a s te d o y o u d is p o s e ? 1 .........................................................P la s tic s 2..........................................................P lastic B ags 3 . .........................................................P aper 4 . .........................................................M etals 5. .........................................................Kitchen Waste 6.......................................................... W ood .How regular is garbage collected? (Mpangilio wa 1. .......................................................Weekly (Kila kukusanya taka) wiki) 2. .......................................................Every other 2 weeks (Baada ya kila wiki mbili) 3. .......................................................Once a month (Mara moja kwa mwezi) 4. .......................................................N o regular I collections (Hakuna mpangilio wakila wakati) 5. .......................................................others arrangements (Mpangineo mwingine eleza) I 5, specify....... Unatupa taka wapi? ('How do you dispose 1. .........................................................Inachukuliwa na I your solid waste serikali ya kaunti (collected by the county authorities) 2..........................................................B urying in the compound (Kuzika kwa shamba) 3..........................................................Organized privat collection system (Kuchuladiwa na wati binafsi) 4..........................................................B urning in the compound (Kuchoma kva shamba) 5..........................................................Dumping into the compound (Kuinwaga kwa shamba) 6..........................................................C ollected b system run by a CBO (Kuchukuliwa na chama cha jamii) ------ -- --------- ---- ---3 93 7 ..........................................................Any other method ff7, Specify_ 6 SIow regular is garbage collected? . .......................................................W eekly (Kila wiki) 2. .......................................................Every other 2 weeks (Baada ya kila wiki mbili) 3. .......................................................O nce a m onth I (Mara moja kwa mwezi) 4. H ..a mpangilio wakila wakati (No regular collections) S5. .......................................................M pangi eo mwingine eleza (others arrangements) jff 5, Specify HOUSEHOLD INCOMES AND EXPENDITURE (MAPA TO NA MA TUMIZI YA NYUMBA) I1. Njia ipi ile inakupatia mapato yal(What is the main source o 1..........................................................Permanent pyumba incomefor the household?) Employment 2..........................................................B usiness 3..........................................................C rop Farm ing 4..........................................................L ivestock Keeping 5..........................................................C asual Labour 6..........................................................O ther I_ _ _ 6, Specify__ 2. (Mapato ya familia kwa mwezi (What is the monthly income i shilingi ngapi?) for the household?) Kshs 13. 1Matumizi ya familia kwa mwezi!What is your monthlItem Amount m oja ni kiasi gani? !household expenditure on: 1............................................................Food (Chakula)Kshs 2............................................................R ent (K odi ya numba)Kshs 3..... .. ..r...............................U safiri (Transport)Kshs 94 4 ...................................... N guo (Clothing)Kshs 5.Othe Expenses i5.................................................. O ther Expenses f(Matumizi mengine) a ...................................... . . . . . . . . Kshs b. ..................................... Kshs ||c ............ ....................... . . . . . . . . Kshs 11 d ...................................... . . . . . . . . Kshs STRUCTU REOWNERSHI SECTION 2: BUSINESS DETAILS Business details 1. Jina la Biashara Name of the business 2 Una Leseni ya Do you ha a 1...........................................................Ndio (Yes) Biashara Business licence? 2. ......................................................... La (No) Aina ya biashara 3 Business Activity/Business Type 1........................................................... Supamaketi (Supennarket) (Aina ya Biashara 2 )S- -e- -------Duka -a-jum- 2.... ....................................................... D uka la ju m la (Wholesaleshp) shop) 4........................................................... D uka la vifaa (Hardware)_ 5........................................................... M itum ba (Secondhand clothes) 6.......................................................... D uka la nyam a (Butchely) 7........................................................... K ibanda cha vyakula (Food kiosk) 8........................................................... D uka la m boga (Green grocer) 9........................................................... M w uzaji m akaa (Charcoal dealer) 10. ......................... Fundi wa viatu (Shoe cobbler) . U sh........n a...sho. a.lo 12. ........................................................ K inyozi/M ahali pa kutengenezanywele_(Hair salon) 13. ..................................,..................... U kum bi w a 95 filamu/Maktabaya video (Video show/Video librar) 14. ....................................................... B aa (Bai) 15. ........................................................ V ifaa kuukuu ('Secondhand goods) 16. .......................................................... Batte rc again) 17. ........................................................ Telephone bureau) 18......................................................... B iashara nyingine I Other commercial) Ikiwa 18 eleza(f18pleasespeci --------------------- - ------------------- Signature of the Enumerator: ID No.: Phone: - -Name of Fit-ldSiipei S-0r- - - Signature of the Field Supervisor: 96 APPENDIX 9: CHECKLIST FOR FOCUS GROUP DISCUSSION Are there women headed households in the settlement? If yes what is the percentage of the total households? Are there Child headed household, if yes what percent of the total households in the settlement? 3. Economic Issues What are the main sources of household 1. incomes in the settlement? 2. 3. 4. 5. 5. Infrastructure Development What are main infrastructure that are 1. Water supply available in the settlement 2. Electricity 3. Roads 4. Health facilities 5. (Specify) 7. People living with disability Are there persons in the settlement with 1. Yes disability? 2. No If there are, how and who supports them? What facilities do these people have in the settlement? 97 APPENDIX 10: MAP OF AFFECTED ASSETS Kaloleni Informal Settlement Proposed PDP with Affeted Structue K C--- -- Legend e tfctedstu ur 113Propos~ed PDP' Plot, -EZZNe~ighbour.ing Par.ce,ls- - Ex.isung sttcture,, ,'. H '- LL. -998 APPENDIX 11: PLANNING MINUTES Annexure 1-l: Proceedings or Introductory Meeting with Kisumu County Officials Minutes of the consultative meeting held on 9" May. 2016 at the OfTice of Chief Officer-Kisumu County. The meeting was chaired by the Chief Officer. Land. Planning and Housing. County Government of Kisumu and attended by: SI.No Name Designation Department I. Arch. Derek Obura Chief Officer Kisumu County 2. Muthoni Olale City Manager Kisumu County 3. Dorothy A. Onongno Sociologist Kisumu County 4. Comel R. Acach Urban Planner KISIP-Nairohi 5. Salesio Kaburu Land Administrator KISIP-Naimbi 6. Daniel Ogada Coordinator KISIP-Kisumu 7. Celestine Waniala GIS Officer KISIP-Nairobi 8. Deepa Tripathi Urban PlannerfTL ICT PVT LTD 9. Geoffrey Wamaina Surveyor ICT & Geodev 10. Godwin Ochieng Urban Planner ICT PVT I1. David Muchina Survevor ICT & Geodev 12. Joseph R. Raganyo Land Surveyor ICT& Geodev 13. Joseph B. Kiio Sociologist ICT & Geodev 14. Paul Kivuva Mbithi GS Specialist Geodev Ltd Agenda or the meeting * Introduction of Consultant to Chief Officer, Lands * Brief Background ofKISIP * SupportTrom-CounR PROCEEDINGS Introduction The meeting started at 10:20am with a self-introduction by participants. * It was explained that the purpose of the meeting was to officially introduce and then hand over consultant to county officials. Other issues discussed were as follows: Brief Background or KISIP * It was explained that KISIP is a programme under Ministry of Land. Housing and Urban Development which is funded by the World Bank. ICT in consortium with Geodev won the tender to carry out planning and surveying in 8 informal settlements within four counties. * The exercise is expected to produce LPDP of the informal settlements and surveyed plots complete with RIMs. * The residents will benefit by getting title oftheir land through a consultative process which will be community driven. * CO was taken through process of planning and surveying which is expected to continue for a period of 12 months. * It was agreed that Consultant will have to be supervised and their work approved by the County before being accepted by KISIP-Nairobi office. Support from County * County officials and SEC were requested to assist consultant in identifying the beneficiaries. l-dlPhia D-er--mf Ph.n-Kahldni 116 99 * It was agreed that the final list of beneficiaries will have to be approved by SEC and County officials before being officially recognized by KISIP-Nairobi office. AoB * It was agreed that consultant will work closely with all stakeholders and all reports will have to be presented and approval sought in the workshops. The meeting ended at 10:55am. ¼J -Meeting-with COIand.- Panning and- Housing Attendance Register KISIP: Consultancy Services for Planning and Surveying of selected Informal Settlements In Nairobi Kisumu. Kakameoga and Kericho Countles In Cluster 1, Kenya Attendancs Register MedngPurpose: 4t a- \2-1 C C,YUMLi i 9IRip. e 1 lCbTO Ph-6 16D bWt E Tim: 5 tur. NCn. _ 0 / TIle 07Po a n 7 -tt Loca Pscalv Devlopnen Phn-allei ~ _ r. (,ro- 117 100 Annexure 1-2: Proceedings of Entry Baraza at Kaloleni Settlement, Kisumu Proceedings of Entry Baraza at Kalolenl Informal Settlement, Kisumu County Project: Planning and Surveying of Kaloleni Informal Settlement under KISIP Date: 14' June2016 Time: 10 am Venue: Area Chief Open Ground, Kaloleni Informal Settlement Agenda of the workshop * To explain the project objectives, process and expected output * To elaborate on significance of participatory approach * To explain the process of topographical survey * To explain the process of structure mapping * To explain the process of socio-economic survey in the settlement * To elaborate the process of beneficiary documentation * To share the schedule of FGDs and KI interviews * Seek support and cooperation from the community stakeholders and SEC The meeting started with a word of prayer and brief Introduction of participants. Mr. Otleno Kodhoch, assistant chief, as a master of ceremony (MC) facilitated/ anchored the proceeding of the workshop. The MC welcomed all the participants and briefed them about the agenda of the workshop. The workshop was chaired by Mr. Abdallah Ahmed, Chairman of SEC, Kaloleni and attenoebommunty alog w th repsentves fom tnahoagoement, couny - government and SEC members; some of them are listed below: St. No Name Designation Department 1 Mr. Daniel Oqada Coordinator KISIP-Kisumu 2 Mr Abdatlah Ahmed Chairman SEC, Kalolen! 3 Mr. Otieno Kodhoch Assistant Chief, Kaloleni National Government 4 Ms. Dorothy Onongno Community Mobilizer Kisumu County Government 5 Ms. Farida Ahmad Salim Nominated MCA Kisumu County Government 6 Ms. Alice Omany C.O.A. Kisumu County _ Government 7 Mr. Joseph Kiloh Sociologist Consultants Around 95 stakeholders attended the workshop. The attendance sheet is attached at the end of proceedings. Proceedings: Mr. Kodhoch highlighted the main agenda of the entry baraza workshop. He also requested the participants to pay attention during the proceedings of meeting and contribute constructively. He then invited Mr. Daniel Ogada, KISIP county coordinator representative to address the participants about the project. Mr. Ogada informed the participants about the positive benelfit of the project as beneficiaries wilt get the ownership by end of the project. Mr. Kodhoch then invited Mr. Abdallah Ahmed, SEC chair to address the participants. Mr. Ahmed thanked the national government to bring the project in Kaloleni for land tenure security. He then requested the community to understand the positive aspects of the project. Finally he assured the consultant all the required help in the socio economic survey. Mr. Kodhoch then invited Mr. Joseph Kiioh, Consullants' sociologist to explain the agenda of the meeting. Entry Baraza - Katolent Informal Settlement )Gsumu County Local PhYsical Development Plan-Kaloleni 118 101 After explaining the agenda including project objectives, process and expected output; process of socio economic survey; and expected cooperation from community, Mr. Klioh asked the participants to come up with any questions about the agenda and project. The questions of participants were answered by Mr. Kiioh and presented In the table below: Ouestions/ queries Response When beneficiaries will get the title After completion of the project I.e one year Who will conduct the survey task and can The consultant will hire enumerator from the unemployed youth be considered for the community and supervise the work. same Will the socio economic survey cover all AtI household living in the settlement will be households living in the settlement or only covered in the survey. beneficiaries? Way Forward: The community assured to cooperate during the socio economic survey Closure: The meeting ended at 1:00 pm with a vote of thanks from Consultants and a word of prayer. Entry Baraza at Kaloten] Signatories 1. Mr. Abdallah Ahmed.. ............. (Chairman SEC, Kaloleni) 2. Mr. Daniel Ogada ....... ...................... (KISIP County Coordinator) 3. Mr. Otleno Kodhoch.... ....... (Assistant Chief. Katoleni) f 4. Mr. Joseph Kiio................................................ (Sociologist, Consultant Team) Entry Baraza - Kalaent Infornal Settlement. Kisumu County Ii Local PhYsical Developnnent Pam-Kaloleni 119 102 Signature Sheet of Entry Baraza f. tcs . r Local PhYsical Developinant Plan-Kaloleni 103 - -- ! ! -r一』、＇＇一、二1,,;，、，,，。一縐，,,,，、、。＿,&_,＿一了 禹細～觔州t,，『v，、．；洛I勵f&j、， 二－-－一合一 才；一、一一一．&&‘一＿,＿不 觴一閱劉，輪辭“打“陶．〞騙＇‘計＇發“ ‘、～·―、。斤一啊一二華了，一＿二三！、 盛日曰二二曰．二不。州田〕面他二一汗贏一一不二－一一不瀛不不 一斗上一么么一、｀一。·一一’。，一，徐一 亡亡亡亡三二二＿＿一一士七一一 一一迄酌抑丰乎一 －一－－一一一－－一－－一一－一一么－一－--－一－－一 一－-―一―一一織一挫一么一公二一斤 一馳－－一一一－-－一一鷹～仍－- 一·－-----&－一爭－ 斗 ～以～• Local刊門森嗡I八，flol,&,，占IIP細，l·勸lO!n,i 121 104 - - - --------- Local PhYsical Developintia Plan-KaIoleni 122 105 Annexure 1-3: 1` Technical Stakeholders Workshop, Kisumu Minutes of Meeting 1" Workshop -Technical Stakeholders, Kisumu County Date: 1' August, 2016 Time: 11:15 am Venue: Board Room, CO, Land, Housing and Planning; Kisumu County. The meeting started with a word of prayer and self-introduction by participants. Mr. Daniel Ogada, county KISIP coordinator, as a master of ceremony (MC) facilitated anchored the proceeding of the meeting. The MC welcomed all the participants. The meeting was chaired by Ms. Pollyne Owoko. Chair County Land Management Board, and attended by representatives from national government, county government and SEC members: some of them are listed below: Si. No Name Designation Department 1. Ms. Pollyne Chair. CLMB National Land Owoko Commission 2 Mr. Arch. Derek Chief Officer, Land, Kisumu County Obura Housing. Physical Planning and Urban Development 3 Mr. Daniel Coordinator KISIP-Kisumu Ogada 4 Mr. George Land Surveyor City of Kisumu Obiny 5 Yusuf Chairman SEC. Manyatta 6 Celestine GIS/Cartographer KISIP-Nairobi Wanjala 7 Otieno Assistant Chief, Kaloleni National Kodhoch Government 8 Abdallah Chairman SEC. Kaloleni Ahmed 9 Deepa Tripathi Team Leader Consultants 10 Mr. Joseph Kiio Sociologist Consultants 11 Joseph R. Land Surveyor ICTIGeodev Aganyo 12 M. Wairagu Environment Expert Consultants 13 Geoffrey Surveyor Consultants Wamaina 14 Satish Kumar Urban Planner Consultants Around 30 participants attended the meeting and the Attendance register of all the participants is given in Annexure 1. Agenda of the meeting * Review and validate the findings of socio-economic surveys and physical mapping and draft list of beneficiaries of Kaloleni and Manyatta Arab informal settlement. * Provide a way forward I" Wor*shop - Technical StakehokWers, Kisumu County Local Physical Developinent Plan-Kaloleni 123 106 Proceedings: The CO gave the welcome note and briefed the participants. He highlighted the main aspects of the project including housing survey, topographical survey, physical plan, etc. He also appreciated the work of Consultants and hoped that both the settlement viz. Manyatta Arab and Kaloleni. The Chairperson (CLMB) informed the meeting about the role of her department which includes management of public land, use of public land, issuing title deeds and custodian of the public land. The CMLB is ready to provide all the necessary support towards successful completion of the project. The findings of socio economic survey and physical mapping were presented by Ms. Deepa Tripathi, Team Leader: Mr. Geoffrey Wamaina. Surveyor; Mr. Joseph Kiioh, Sociologist; and M. Wairagu, Environment Expert. The presentation was given on the following aspects: Project Background * Project Objectives * Scope of Work * Duration of the Study * Commencement of the Study and Team Mobilization * Approach and Methodology * Community Mobilization and Sensitization * Stakeholders Analysis * Digital Base Map * Socio-economic Survey * Environmental Baseline Survey *Recommendation. Prioritization and Visioning * Draft List of Beneficiaries After the presentation, the Team Leader requested the participants to make their comments and/or suggestions. Suggestions/ Issues: Queryl Question Issue Answer concerning Settlements How the ID and phone number Both There are two main sources of were obtained when the getting information about owner of beneficiary is absentee land viz. households, land department office. Then the consultants harmonized both list. In case of absentee beneficiary, the consultants got information from tenants, chief and relatives or telephone calls. Multiple owners Both Where father is deceased and children claimed to be owners of one Prooerty ________________ SINo 20 of the list (Asha Tatu Kaloleni Will be incorporated after the Yusuf). the names of children feedback from the SEC who claim are not mentioned Don't put the name of deceased Both It will be corrected. The issue of I' Workshop - Technical Stakeholders, Kisumu County Local PhYsical Development Plan-Kaloleni 124 107 Queryl Question issue Answer concerning Settlements in the list but bring the name of family dispute has to be resolved at descendants _ SEC level. In case of original owner is dead Both The list will be rectified with the and also one of the claimant is help of SEC also dead with children as claimant In case of organization as Kaloleni Agreed. The name of person will owner, put the name of be in the comment column organization as owner and not the person representing the organization - ----- Mechanism should be developed Both SEC will try to find the absentee to find the absentee land owner, and rectify the list Land issues are very emotive S/No 278. Why someone wants Kaloleni The children suggested to get the to get the title deeds in the name title deeds in the name of late ofdeceased? father just to avoid the family dispute Can the SEC members provide Both The SEC members will work out the rectified list of beneficiaries the mechanism to finalize the list One lady refused to be counted. Kaloleni No Was_she.includedinthas1 - - _ __ Cut-off date Both The SEC member will rectify the list of beneficiaries today and in tomorrow's workshop. The remaining anomalies in the list will again be verified and finalized by SEC and area Chief and given to Consultant on 5" August 2016 which will be considered as cut-off date and any claim after the cut-off i date will not be entertained. In some of the cases plot no is Both The office of Kisumu City (former mentioned in the list of Municipality) may be approached beneficiaries. From where can to get the plot no of the remaining the required information be beneficiaries obtained? Beneficiaries who have allotment Both The lease title to be processed in letters and are already paying actual names appearing in the rates to the government allotment letter. If the beneficiary in the allotment letter is deceased. then succession will be done later by the family members. This is because the land is already registered and changing names of the beneficiaries is a lengthy process which is time consuming and expensive. Manyatta has 3 PDPs and Manyatta government has asked to follow The county government is the latest POP. In 3 PDPs, the __ recognizing the list of beneficiaries 1" Workshop - Technical Stakeholders, Kisumu County ii Local Physical Developnent Plan-Kaloleni 125 108 I Queryl Question Issue Answer concerning Settlements same plot has been given a I as per the latest PDP. But this list different number. The county can create problems. government gave the last list of beneficiaries to be used. The The list prepared by consultants is government list does not have fairly good as it is based on field original owners and some new survey and the missing owners can ones also added. This is creating be added on this list to finalize the confusion and tussle in list of beneficiaries. The SEC will community. harmonize the lists. There is a section of the Manyatta The County Government of Kisumu settlement that should be to write to the national KISIP included within the project coordinator requesting for the boundary. inclusion. The consultants agreed to finalize the list of beneficiaries with the help of SEC. Area Chief and County Official. All the issues related to multiple owners, missing names, name of descendants instead of deceased, etc. will be resolved. Way Forward: 1. It was agreed by all that the list of beneficiaries will be finalized with the active help from SEC members of both settlements along with the county officials. 2. The list of beneficiaries will be finalized by 5h August 2016. 3. The cut-off date for inclusion of beneficiaries is 5n August 2016. Closure: The meeting ended at 03.15pm with a vote of thanks from Consultants and a word of prayer. Meeting in progress 1 Workshop - Technical Stakoholders, Kisumu County Local PhYsical Developnent Plan-Kaloleni 126 109 Signatories 1. Arch. Derek Obu (Chief Officer) 2. Dåriél O da.....: (KISIP County Coordinator) 3. Yusuf Mohamad. (SEC Chairman, Manyatta) 4. Abdallah Ahmed. (Chairperson, SEC, Kaloleni) 5. Cornel R. Akach... . . . (Urban Planner, KISIP, airobi) 6. Deepa Tripathi... (Team Leader, Consultants) Signature Sheet of Consultative Meetings held In Kisumu County 1" Workshop - Technical Stakeholders, Kisumu County Local PhYsical Developmnent Plan-Kaloleni 127 110 or 1" Workshop.- Technical Stakeholders, Klsumu County vi Local Physical Deveopmnt Plan-Kalole'ni 128 111 1Workshop - Technal Stakeholders, Kisumu County vi Loral PhYsiral Dti-elopiiieiii Plait-K