MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT ABBREVIATEDRESETTLEMENT ACTION PLAN (ARAP) MJINI INFORMAL SETTLEMENT Based on LOCAL PHYSICAL DEVELOPMENT PLAN (2016-2025) Kakamega County afe ' sida AGENCE FRANCAISL THE WORLD BANK .DEVELOPPEMENT Prepared By lott MJINI ARAP REPORT AUTHENTICATION Report Prepared by: Signed-..Dae ................. . NAME OF RAP SPECIALIST .. . GEODEV (K) I.JMITED NAtvictivt.S uwci A sN~eemsN sunv~EYcS, PANNNG & Checked by: EwDT COt%UV%A. Full Nameo4uthorized Representative: P. O. Box 1-4066 - 00100, NAIROBl. Mobile: 0712 151 779 _ibk House, 2nd Flooi, Mombasa Rd. Signed ..... . . . . ....... Date..... .................... NAME OF REPRESENTAIVE ICT IN JOINT VENTURE WITH GEODEV (K) LIMITED Client Signed..... ........ ................ . ...... ate ...... . .... ................ Name.. CL P- 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 PAP: Project Affected Person PCT: Project Coordinating Team PDP: Part Development Plan RAP: Resettlement Action Plan RIC: RAP Implementation Committee RIM: Registry Index Maps RPF: Resettlement Policy Framework SEC: Settlement Executive Committee SIDA: Swedish International Development Agency SPSS: Statisctical Package for Social Sciences UTM: Universal Transvere Marcador WB: World Bank iv DEFINITION OF TERMS The following terms shall have the following meanings as implied in context of this RAP report. 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 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 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 ARAP e.g. labor support. Relocation/Localized displacement means displacement of a structure owner or institution PAP etc. ftil 01%,pTC f land to adifferent paeel of land (within the smieffient) duc to tha planning aad survey activities including demarcation 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 V prepared by the party impacting on the people and their livelihoods. RAPS contain specific and legal 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 RPF will be disclosed to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. 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 re below the poverty line, the elderly, women and children headed households, 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 Govermnent 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. KakamegaCounty 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; Mjini and Kambi Somali were selected for tenure regularization... This abbreviated Ressettlemnt Action Plan (ARAP) report, therefore concerns Mjini Informal Setlement, one of the stlements under KISIP intervention. Mjini Background Information. Mjini informal settlement is located Mumias Central ward, Mumias West Sub-County in Kakamega County and is approximately 300m from Mumias Central Business District (CBD). The settlement covers approximately 8.40 Hectares of public land owned by Kakamega County. The population of Mjini based on census survey conducted in July 2016 is 1045 people with a population density of 125 persons per Hectare. The male population 56% while female is 44% of the total number of residents. It houses approximately 347 households with average household being 3.0. The PDP before KISIP intervention was officially endorsed by the Director of Physical planning (DPP) on November 19th 1997 and a survey plan prepared in the same year 2000. However, provision of social ameinities such as drainage, water and sewerage could not be implemented until tenure regularation was concluded. Therefore, tenure regularisation under KISIP Compoent 2 led to the preparation of a new Local Physical Development Plan (LPDP) which was approved by DPP and 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. The@ proparatign of the Rom, L1PDP Mi14llabanfit 130 plot omwr-r with; titl@ dadr, @xludiog W beneficiaries who had title deeds. . Out of 130 Mjini beneficiaries 70 are owned by men, 52 by women and 8 are cowned and 1 nursery school. Implementation of the new LPDP will necessitate road re-alignment which will negatively impact structures that had encroached on the 1997 PDP road reserves. Therefore, several road alignments with cross sections ranging from 5 meters lane to 18 meters have been proposed based on adoptive planning standards and projected future demand for both physical and social infrastructure services. The proposed area for road re-alignment will therefore affect 89 PAPs who own 57 structures in the settlement as detailed in figure 0.1 below. The cumulative length of the proposed road is 3,130 meters (3.13km). This abbreviated Ressettleemnt Action Plan (ARAP) is therefore prepared 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 ARAP has been prepared to in conformity with Kenya's policy, legal, procedures and institutional arrangements that govern response to and management of displacements impacts. Also, the report is in line with the provisions World Bank's Safeguard Policy vii OP 4.12 on Involuntary Resettlement, which requires that an ARAP 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 89 from this total male PAPs are 50 and female PAPs are 39 as detailed in the PAPs diagram Figure 0-1 below. PAP Diagram PAPs 89 e A 9Femac 39Institution 0 Figure 0-1: PAPs Diagram Public Consultations Initial public consultation was done with various stakeholders at different planning stages. A total of five (5) meetings were held during planning for the Mjini settlement upgrading. The meetings were attended by representatives of National and County Government of Kakamega, KISIP County Government representatives; Community members, SEC, chief. Besides planning issues, ARAP related issues emerged and were also discussed including declaration of cut-off date of 231 Ocober 2016 in the planning meeting of 21st October 2016. At the RAP preparation stage, one meeting was organized on 5" June 2018 with the PAPs where specific issues that related to them were discussed. The issues included; Entitlement & compensation; ownership of assets; validation of PAPs register. Mitigation Measures Mitigation measures for adverse social impacts identified in this ARAP were mitigated as summarized below. (i) Loss of Structures will be replaced at full replacement cost, the owners will also be given three months' notice to self demolish the affected asset and the right to salvage materials. (ii) Loss of Rental Income: PAPs are entitled to three months' notice and a two month cash grant equivalent to average income. (iii)Loss of Business: Affected businesses will be given one month cash grants equivalent to average income as a means of facilitation. The one week cash grant provided in the KISIP Resettlement Policy Framework is inadequate to restore PAPs business livelihood loss. (iv) Loss of Shelter: The tenant PAPs residing in main houses will be entitled to KSHs 5,000 one time shifting allowance. In addition a three months' notice for vacation will be issued to allow the PAPs adequate time to look for alternative accommodation (v) vulnerable PAPs 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 viii 一一一一一一一一一一一一一一一一 4. APpROACHANOME丁H000LOGY．························……，&’··························，··················，，··········……23 4 .1 Introduction..........．……，.......................................．……，．…， .........................．……，.............．……23 4.2 Literature Review．…，.................................．……，.................................．············，，······，·······……23 4.3 stakeholder consuhatinn ...............．……，...................．··．·····································，············……23 4.4 Census and Soci。一economic Survey .....．……，.，…，...........................................................．……24 4.4.1 Cut一0ffDate..............................................................．……，．…，............．……，............．……24 4.4.2 survey Process．…，................................．····．．·．·······················································，··……25 4:4 3 AnalysisofSurveysandStudies......．……，...........．……，..........．……，．…，....................．……25 4.5 Vafuatlon ofAssets and Livelth00ds .......．……，....................．……，..................................．……25 4.6 Inventory ofVulnerableGrouPs............．……，................................................................．……26 5 .puBuc c0NsuLTATIoN ...．……，...............．……，...............．··．.．··．·······················，···················，····……27 5 .1 hitroduction.............．……，.........................................................．……，二，二，．…，...................．……27 5,2 ObjectiveofConsuhativeMeetings........．……，...............................................................．……27 5 .3 Publlc Participation Schedule .．…，.............................................．……，．……，...．……，.．……，．…，…27 5 .4 Commutrity Meetings and Summary of Issues Discussed…，.................................．……，．……28 6.!MpACTS ANOM！丁！GATIONM〔ASURES．……，.........．……，.......................................................．……32 6 .1 Introduction.............................．……，.......．……， ................................................................．……32 6.2 Positive Impacts ..．……，......．……，...．……，.．····．··．·····························，·························，·····，··一32 6.3 Te皿re Regu1arization......................................．··．·······································，···················……32 6 .3.1 Infrastruct&ure ImProvement ...........．·············································，··························……32 6.3.2 Improved H0using..........................．····．··········，······················································，·……32 6.3.3 Improved Environment Condition二，......................................................................．……33 6.4 Negative ImPacts ...........................．……，..．··．..．········································，·······················……33 6.4.1 TyPeandNatureofstructures..．······························，···········，··································……33 6.4.2 PAPs Losing structures .......................．·····················································，··········，·……35 6.4.3 PAPslosing Liveliliood……，.............．···································，··················，··············……35 6.4.4 Tenant PAPs…，．……，............．……，....................................．……，…，.....．·．......．····．·．．·····……36 6.4.5 Impact on vuinerability ................．·····．···································································……36 6.5 Mitigation Measures .....．……，............．···················，·····················，··································一36 7 .socIO〔c0NOMIc,...........................................．……，．…，,...................．……，......................．···，···……38 7 .1 Demographic characteristies ofPAPs…，........．……，.........................．……，.......................．……38 7 .1 .1 Gender and Marital Status of PAP．…，............................................．……，................．……38 7 .1 .2 Average Age of Household Head．…，....．……，.........................................................．……38 7 .1 .3 Educational Leve1s........................................................．……，·．....．··．.．·．．···················……39 7 .2 Economic situation.．…，......................................．……，......................．·，··．．·······················，……39 X!l { { ( } -.&-.--.....-..-.--.-．눕―...-..&..-.-.=-- 7.2.1 Income Sourees.............,,............,..................................,.........．··．..．·．····················，·……39 7.2.2 Income Leve1s.................................................................................．·····，·················……39 7.2.3 MonthlyExpenditures......................．························································，··········，··……40 7.3 Access to Infrastructures.........,.............,.....................,.........................．·························……41 7.3.1 TyPeofT0iletused............．··．.．·······················，·····················，··，··········，················，·……41 7.3.2 solid wasteDisposal Method................................．·．．·．...．··．····．················，·············……42 7.3.3 wastewaterDisPosal....,....................................．··．················································……42 7.3.4 Main Water S이1rce for the PAPs ..................................................................................43 7.3,5 ModeofTransPort .......,.........................................．····，···········，························，······……43 7.4 Disease Prevalence...............,...............................................................．···············，··········……44 7.5 vulnerabihty...............................................................．·······．，····，····································，……44 8. EUGIBIUㅜY AND ENT!TLEMENT5....................................................,............................................,.45 8.1 Deterr11ination ofEligible PAPs.........................................................................,..................45 8.2 Cut-offDate ................................................,........,,...............................................................45 8.3 ModeofcomPensation...................................．··········································，····················……45 8.4 Entitlement Matrix................................,,.....................................．··．..．······················，·····……45 8.5 comPensationProtocol...........．·．···……，·································，·········································，··…46 9. GRIEVANCE REDRESS MECHAMS.................................................................................................. 47 9.1 Introduction..................,........................................................................................................47 9.2 Gri·evance Redress Institutions/Structure......................................................,..,.................,.. 47 9.2.1 Settlement Grievance Redress Committee (SGRC)....................................,.....,...........48 9.2.2 RArl ImPlementation Co1111T11ttee..........................................................,....,..................48 9.2.3 Law Courts..........................................................,.........................................................49 9.3 Grl.evance Procedures .,,...........................,........................,.............．···，···························……49 9.3.1 Procedure ofGrievallce Redress ...,..........................................,.................................... 49 9.3.2 Efectivenes$ ofthe Grievance Redress Mechan1sm..........................................,........... 50 9.4 Monitoring ofGrievance Resolution ......,...............,.................................,...........................50 10. INSㄲTUㄲONAL ARRANGEMENT AND -MPLEMENTAㄲON ................................,.....,.............,.. 52 10.1 Introdution.,..................................................................,.............................,.......................... 52 10.2 Disclosure and Compensation Paylllent.....,.................................................................,.......,55 10.3 Disclosurealldcompensation...............,...........，···········，···············································，·……S5 10.4 NoticeofDemolition......................,.............,...,.....................,.....．·．．············，·················……55 10.5 GenderEmpower1Tlent Initiatives .........................................................................................55 10.6 Project C0st...................................．·．......．·······．············，·······，··，········································……56 10&7 Implementati0n schedule.............,..，··························································，····················……56 l - ㅣ 11. M O NITO RING AND EVALUATION .............................................................................................. 58 11.1 Introduction ........................................................................................................................... 58 11.2 Objectives of Internal M onitoring ......................................................................................... 58 11.3 Responsibility ....................................................................................................................... 58 11.4 RA P M onitoring Plan ........................................................................................................... 58 11.5 Perform ance M onitoring ....................................................................................................... 59 11.6 Im pact M onitoring ................................................................................................................ 60 11.7 M onitoring Indicators ........................................................................................................... 60 11.8 External M onitoring and Evaluation ..................................................................................... 61 11.9 RA P A udit ............................................................................................................................. 62 12. CO NCLUTIO NS AND COM M ITM ENTS ....................................................................................... 63 12.1 Conclusion ............................................................................................................................ 63 12.2 Com m itm ents ........................................................................................................................ 63 APPENDICES .......................................................................................................................................... 64 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) .......................... 65 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR MANI INFORMAL SETTLEMENT . .......... 66 APPENDIX 3. CUT-O FF DATE NOTICE .................................................................................................... 73 APPENDIX 4. CENSUS CHECKLIST ........................................................................................................ 128 APPENDIX 5: COMPLAINTS FORM FOR PROJECT AFFECTED PERSONS ............................................... 128 APPENDIX 6: GRIEVANCE ACKNOW LEDGEM ENT FORM ..................................................................... 130 APPENDIX 7: GRIEVANCE RESOLUTIO N AGREEM ENT FO RM .............................................................. 131 APPENDIX 8: SOCIO-ECO NOM IC SURVEY QUESTIO NNAIRE ............................................................... 132 APPENDIX 9: CHECKLIST FOR FOCUS GRO UP DISCUSSION ................................................................. 140 APPENDIX 10: M AP O F AFFECTED ASSETS .......................................................................................... 141 xiv LIST OF TABLE Table 2-1: Stakeholders Consultations and Engagem ent M eetings........................................................................6 Table 2-2: Proposed Land U se ........................................................................................2-2-.Proposed...................... . 9 Table 3-1: Legal and Policy Provision in relation to R esettlem ent ......................................................................16 Table 3-2: Comparision Between OP 4.12 and GOK laws on Involuntary Resetlement......................................21 Table 5-1: Public Participation Schedule.............................................................................................................. 27 Table 5-2: Sum m ary of Issues Raised D uring Consultative M eetings .................................................................29 Table 5-3: PA Ps A sset register V alidation M eeting M eeting...............................................................................30 Table 5-4: O utcom e of PA Ps M eeting.................................................................................................................. 30 Table 6-1: Type of A ffected Structures............................................................................................................. 33 Table 6-2: The Extent of the Im pact..................................................................................................................... 34 Table 6-3: PA Ps Losing Structures....................................................................................................................... 35 Table 6-4: PA Ps losing Livelihood ....................................................................................................................... 35 Table 6-5: Tenant PA P ........................................................................................................................................ 36 Table 6-6: V ulnerable PAPs ................................................................................................................................. 36 T able 6-7:M itigation M easures for N egative Im pacts ..................................................................................... 37 T able 7-1: M arital Status of the PA Ps .............................................................................................................. 38 Table 7-2: PA Ps Education Level......................................................................................................................... 39 Table 7-3: PA PS incom e Source .......................................................................................................................... 39 Table 7-4: PA PS Incom e Level ........................................................................................................................... 40 Table 7-5: M onthly Expenditure on Rent............................................................................................................. 40 Table 7-6: M onthly Expenditure on Food ............................................................................................................ 40 Table 7-7: M onthly Expenditure on Transport..................................................................................................... 41 Table 7-8: M onthly Expenditure on Clothing ...................................................................................................... 41 Table 7-9: Type of Toilet O w ned .......................................................wd................................................................ 42 Table 7-11: Solid w aste disposal mmethods............................................................................................................ 42 Table 7- 12: M onthly W ater Cost .......................................................................................................................... 43 Table 7-13: M ain M ode of Transport ............................................................................................................... 44 Table 7-14: D isease Preference ............................................................................................................................ 44 T able 8-1: E ntitlem ent Matrix........................................................................................................................... 46 Table 10-1: O rganizations w ith R esponsilities for RA P Im plem entation.............................................................53 Table 10-2: Im plem entation C ost...................................................................................................................... 56 Table 10-3: Im plem entation Schedule for the A R A P ......................................................................................57 T able 11-1: M onitoring Plan.............................................................................................................................. 59 T able 11-1: M onitoring Param eters and Indicators........................................................................................61 xv LIST OF FIGURES Figure 0-1: PA Ps D iagram ......... ..... .......ra--m.....---............................................................. Vi Figure 1-1: Location Map of Mj ini Kakamega County ..............ou--nty.2..-.--.......-. 4 Figure 1-2: Mjini 1997 PDP before KISIP............S................--- .--................." .." ............5 Figure 1-3: M jini 1997 Survey Plan before KISIP...................................................."" . 7 Figure 2-1: Existing Landuse Map of Mjini Settlement...................-....e-men--t.-...-.----7 Figure 2-2: Land Use M apa...p........ .....................................................14 Figure 2-3: Approved Mjini Informal Setlement Scheme LPDPPDP.................-..-.-1--4 26 Figure 4-1: ARAP Preparation Approach and Methodologyethodology.26.............26.---.--. 33 Figure 6-1: PAP Diagram .....a.g....ram.............-----.----............................... 38 Figure 7-1: Average Age of Household Head ..............ead.3..- ..-- ...-.-- ..-...............".".".. 42 Figure 7-2: W aste W ater Disposal Methods.....................-thods- .....- ...............42....." 43 Figure 7-3: W ater Source..u...r...c......e...--.-...--- ..- ................................... 51 Figure 9-1: Steps involved in GRM ........RM.51.....-.- ...................." ..." ........ 54 Figure 10-1: Stakeholder Engagement Strategy ..........trategy.5...-- .-- .* ......-.............".5 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 phase which is an extension by 23 months started in June, 2016 and will 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 ana U seructure, supputS impl..o=L,tutka Of 8ttl1N1t upgrading plans developed at the community level, investment in settlement level infrastructure. 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 Mjini Informal Settlement Mjini informal settlement is located Munias Central ward, Mumias West Sub-County in Kakamega County and is approximately 300m from Mumias Central Business District (CBD). It covers approximately 8.40 Hectares of land and is located on a public land owned by Kakamega County. The population of Mjini based on census survey conducted in July 2016 is 1045 people with a population density of 125 persons per Hectare. The male population 56% while female is 44% of the total number of residents. It houses approximately 347 households with average household being 3.0. The 1 main access route to the settlement is from Kisumu Kakamega highway turn to Kakamega Mumias Road wchich goes directly to Mjini (see Figure 1-1 below). Legend LOCATION MAP OF MJINI INFORMAL SETTLEMENTi, MpniSememeni Trmnk Roads co nty Boundat~y ~--Dungorna ci Kakamega Sub Counties Uasin Gishu County I entere Mjini Settlementl ]Lu93n Busia County Mn va Mu~mias E3,1 KAIKA MEGA COUNTY Siya County vihiga County Figure 1-1: Location Map of Mjini Kakamega County Historically, Swahili people were among the three groups of communities that arrived in Mumias and were welcomed by the Paramount Chief Nabongo Mumia in 1884. The other groups were Nubians and Arabs. The three groups got settled side by side whereby the Swahili people occupied Mjini area. Swahili people came from Swahili land (a mix of people from Tanzania, Zanzibar and Uganda) that came to Mumias during times of war. After successfully helping Paramount Chief Nabongo Mumias to defeat his enemies, Chief requested that they should be settled in Mumias and encouraged them to itIIMIly WithI LIic tkuia F f VfNiiyis 44te first gratips ftw-Five' in-; Mumi4 Wf1 1 -Pe Io"ap la'i Mjini area in 1884. The name "Mjini" means town and it was first mentioned by Chief Nabongo who preferred that the foreigners be settled somewhere in town. The settlers continued staying in the land without any legal document until 1997 when land survey was carried out by the former Kakamega Municipal Council and the area was given a block number 771 and the Municipal as the trustee. Mjini settlement is located on public land and has an existing PDP which was prepared in 1997 and surveyed the same year. Later on allotment letters were issued as per the PDP in the year 2000. The PDP had 130 plots and was adopted during previous surveys (which are now authenticated) as the bona fide survey plan for the settlement. However, it is important to note that 7 beneficiries had title deeds and therefore were not included in the planning and tenure reguliration activities. Mjini settlement had an existing PDP which was prepared in 1997 together with the survey plan. In 2000 one hundred and thirty seven (130) allotment letters were issued to the beneficiary as per the PDP and survey plan which also provided for 1 public utility plot set aside for a nursery school. Most of the residents (130) have letters of allotment and 7 have title deeds . The new approved LPDP will 2 benefit 137 beneficiaries with title deeds, out of the total number of beneficiaries 76 are male owned, 52 female owned and 8 are co-owned and 1 nursery school plot. The income of residents of Mjini is low as established during socio economic survey and averages about Ksh 5,000.00- 15,000.00 per month.The main economic activities in the area include: small scale business dominated by retail shops, roadside food outlets; Charcoal vendors, green grocer kiosks operators; butcheries; tailoring and casual workers in construction. Moreover unemployment among the youths is relatively high with very few residents employed in both Government and private sector. Other income generating activities include unsustainable livestock keeping of goats & sheep, and scavenging poultry. 1.3 KISIP Intervention in Mjini The PDP before KISIP intervention was officially endorsed by the Director of Physical planning (DPP) on November 19ti' 1997 and a survey plan prepared in the sane year. Provisions for; social infrastructure such as drainage, water and sewerage could not be implemented until tenure regularization was concluded. Furthermore this PDP has been overtaken by time and events untill KISIPs intervention. 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 preparation of LPDP followed several steps during the planning which included; introduction to the settlement, socio-economic survey, base map development, beneficiary verification, community visioning and development of LPDP, surveying and beaconing. Through these steps, Mjini Informal 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 Mjini Informal Settlement which was not undertaken during the preparation of the previous PDP. The tenure regularization intervention necessitated reclaiming wayleave from those who encroached. Several road alignments with cross sections ranging from 5 meters to 18 meters have been proposed based on planning standards and projected future demand for both physical and social infrastructure services, while paying special attention to minimization ot displacement impacts. Ihe road re- alignment to accommodate the required infrastructure facilities resulted in impacts on people's livelihoods and strucures. A total of 89 PAPs who own structures and livelihood will negatively be impacted by this program. Error! Reference source not found. below illustrates the PDP of Mjini Informal Settlement prior to KISIP intervention. Thus, to mitigate these impacts, it was necesssary that ARAP be prepared based on the new approved LPDP which identified the road networks and truncation points within the settlement. All measures were taken to minimize the adverse impacts through use of adoptive standards which enhan ced project beneficial impacts. Figure 1-2 and Figure 1-3 below illustrates the Mjini Informal Settlement PDP and survey plan prior to KISIP intervention. 3 AU A S MUMI AS B Figure 1-2: Mjini 1997 PDP before KiISIP l 4 Figure 1-3: Mjini 1997 Survey Plan before KISIP 1.4 Objective and Scope of this RAP The main objective of this ARAP 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 Mjini. The ARAP was to develop applicable mitigation measures for the project activities in conformity with the Kenyan 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 National and County PCT and elected community representatives; * 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 ARAP. This ARAP therefore is limited to the 89 PAPs. The impacts was due to the planning and surveying for Mjini informal settlement hich led to road network realignment and reclaiming of the encroached road reserve. 5 2. LAND TENURE REGULARISATION AND TITLING PROCESS 2.1 Introduction The surveying, planning and tenure regularization exercise in Mjini Informal Settlement started with stakeholders and public awareness, consultations and engagement in 11 " 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 intention to plan notice circulated through the local dailies print media and pinning on the public notice boards in Mjini. This was aimed at informing the public, Mjini community and relevant stakeholders about the anticipated planning exercise and surveying of Mjini Informal Settlement. The schedules of the meetings held is summarised in Table 2-1 below. Table 2-1: Stakeholders Consultations and Engagement Meetings No. Date Venue Type of Meeting A General Stakeholders Consultative Meetings Conducted 1 28th July, 2016 NGO Building, Mjini Entry Baraza at settlement 2 19th September Social Hall, Kakamega 1st Technical Stakeholders Workshop. 2016 Town 3 21st September NGO Building, Mjini 1st Community Stakeholders Workshop 2016 4 '1st Uctober board Room, own2nd lecmical Stakelolciers Workshiop 2016 Manager MumiasDeclaration of Cut off date of 23d October 2016 Kakamega County 5 22nd October NGO Building, Mjini 2nd Community Stakeholders Workshop 2016 6 10' February GO Building, Mjini Public Baraza for Cadastral Survey & ID 2017 IN Distribution B PAPs Meeting 1 511 June 2018 lChild Opportunity PAPs meeting for Validations PAPs register and [Trust Hall Idiscussions on entitlement matrix A total of 5 meetings were conducted at different stages of the project preparation phase. Stakeholder's initial workshops were preparatory meetings that paved way for ARAP during which settlement boundaries were established and mapped, the census and socio-economic survey undertaken. There was also one PAPs Information Validation Meeting that targeted only PAPs during which RAP/PAPs' issues were explored in detail and the Asset Register was validated. 6 2.3 Preparing the Base Maps The preparation of the base maps involved several steps as explained in the following subheadings. 2.3.1 Identification of Perimeter Boundary and Existing Land Use 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 Mjini Informal Settlement was identified in accordance with the ground scope of the project. 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 8.40 Ha. 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. Figure 2-1: Existing Landuse Map of Mjini Settlement 2.3.2 Mapping of Structures Mapping of Structures of the settlement was then undertaken by enumerating and mapping of all the structures in the settlement 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 MJM/1 - first structure mapped structue. 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 Kakamega County survey office. A copy of the 1997 PDP and a survey plan which was prepared in the year 1997 were obtained. The purpose was to prepare digital base Map and other maps for overlay to the final preparation of the LPDP. The purpose was to prepare digitized Maps for overlays for final plan preparation of the settlement. 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; 7 * 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 Im intervals. Slope rises from the south-east to the north-west part of the settlement. 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 Mjini 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. 3 fi Prepartion nf aT.nd T.-e Mnp 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. All the available uses from the list above were explored and noted for each land parcel on base map of existing land use listed 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. Existing land use map of Mjini Informal Settlement is provided as Figure 2-1 below. 8 !Mjini Informal Settlement. Existing Land Use LeSend ALand Use Area (Ha) Residential 3.16i Educational 0.11 Public Purpose 0.11 Commercial 0.681 Mixed U 0.941 Transportation 2.441 g ricultural 0.981 Total Acreage 8.41 Figure 2-2: Land Use Map 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 2.3.7 Selection of Suitable Development Option Three development options were explored for Mjini Informal Settlement: Replanning 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. Replanning Option 2- Ideal Situation: The ideal option assumes to create the ideal condition of development in the settlement by providing wayleaves and road reserves for future infrastrure development 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. Replanning Option 3- 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. After analyzing the key features of 3 different options, the option 3 (Adoptive Planning) has been selected for Mjini because of the following reasons: 9 * All the plots in the settlements have been allocated to the beneficiaries and there is no extra land for allocation, however space for I nursery school allocated in the previous PDP is available and the title deed 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 deficiency in achieving the minimum road width. However, the LPDP has provided for development control to be implemented by Kakamega County, through this initiative easement width will be acheived through easement surrender by beneficiaries planning to develop. The LPDP has been planned based on planning Option 3 and adequate wayleaves provisions have been made for all types of infrastructure and services. The new LPDP was prepared based on the PDP and survey plan, this .LPDP therefore supersedes the current old 1997 PDP. 2.3.8 Proposed Infrastructure The infrastructure proposal of each sector was planned based on the existing gap and the future gap. These sectors include: Wayleaves for Transportation Network, Water Reticulation, Sewer Reticulation, Storm Water drainage, Solid Waste Management, Street Lighting, and Fire Hydrant 2.3.9 Development of a GIS/LIS Platform and Preparation of Final LPDP 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 KISIP component 2 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 provision of wayleaves for 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 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 E Facilitating processing of lease hold titles. 10 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. 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 Kakamega 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. 2.4 Preparation 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. Theoretical Computation 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. 11 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 comer 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 comer 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. 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 Mjini 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. 12 2.5 Safeguarding the Settlement from Land Grabbing During the planning, surveying and identification of of beneficiaries in Mjini Informal Settlement, land grabing and impersonation were prevented 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 before commencement of the project activities in the the project area makes only residents/users of the same area eligible to be categorized as PAPs incase affected 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 beneficiaries were asked to identify their neighbours so as to avoid unkowned people benefiting unfairly. 2.6 Issuance of Titles and Compensation The issuance of titles will be the next process in this tenure regularisation process. This will be concurrent with the payment of facilitation/compensation to PAPs so as to encourage them to move and clear from the road reserves. 2.7 Sensitization on Security of Tenure More community sensitisation on land title deeds will be undertaken by KISIP PCT during ARAP implementation to make sure that members understand the range of opprotunities that come with tenure regulisation. 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 whereby the provision of Kenyan law with regards to women's land and property rights including the role of Land Control Board (LCB). Also equally important will be 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. under the land tenure stracture, Mjini Settlement residents will be issued with leasehold titles.since the plots are in the urban centre. 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; the Land Registration Act and Land 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. 13 ,Proposed Mjini Informal Settlement Scheme, Mumias - Kakamega County: ~I I 1/!- MA Figure 2-3: Approved Mjini Informal Setlement Scheme LPDP 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 Mjini 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 were applied and where gaps were encountered, additional 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 * Continous stakeholder consultations In order to mitigate the negative impacts of displacements of affected persons, Government 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 15 и � � � -� � ° .� • � � '� • о � г� о и о N сд О Ч-ч о • V 0 � b°А vi � � .Я" � � � � � 'О и v . bA N о ,� 4, •о .у с�б и � � G �'д с�о и � N о и со N � °и � iд �у � °" � и � '_' 'С � ц, �� о о.� • ti••' N ..С н � ЧО .� С О �_ N и.� � t1� •У Я •� � Q сб с' ' � сд �1' сС О• сб Я� О ° U О-О G�.�ч .у bq о �'� 'С ы•� и � � ' ^С о о ч-� �,, �-д �'р � >, о� д ' 3 • о и а «i °� и о � � ° aoi a�i • ° •д ° °? а`�i � °' � '•' о� и�' р сб � о и b р о N о �. • i '� и� й�'� � и�.. р, �, й О t�. -С �' � avi °, � •�, � � ^� � Я � � N у � .� � � �. О N N.�''г. � и 5�р � ��� N�j, � и� р о л и� С+ V �'у у .� с� N� р iд ���.� b од � о у � с>б N у ',� �.сб ^д bA п1 , � �, о О р� о � пг ,� s"' з. t-� р О�° � О �А у�%b � й й и'С r. ��'' ,� р ол � � °3 � _-. , � � .b ,� • �' � й о р, � о ^' и.о о р о р ад '" од „ � �.� 3 � О � н ••о � •� V � '� � д и � Ф � •U ''". и N с'"�б О ьи. соб �и.. л Ч� С с°б п1 �+ r. • С � iб О � и 4+ �� � �� соб U '� О с°j С �' л О � N'р � �. о с''•' � О bA t3' и � с�"'"" v сб й г"о о °ц, о a�i �� о �� р. О U •� �� �.fl у'"'j у N и � пs bA �_л у� ,� С � �. ц, д й � f3. т rv С � v N� о й U я' О � у.� R: г+: •ьи�.. "t7 ' р а р � й р ��^' Яч А. ° b¢ s.и, о 4" +� сб 'б � га � � � � ррЛ � � г+а V � . � с�об с�б � О � • � и � р а� ш � рр � х й � 3 � о � оа� ° .� > '�' -о а� • � -д й S :: а, s. О р и 4. 'О . О У � tp�. "у Q � р С и у� и �° л� � о и�•� ч.¢.' 3 ' о.� °' г�. й с°� �� о v`� �. у•� р и р� ц, � о с� °' ..'''Ч � А. н у о t-п р � � }. -о о � ° л -� � 3 о ¢ -о � 3 ' � � ~ a�i о��.� сУ`�i с�у � •� '~ А�, пк � a�i � р•а� �д ° а � 'й •� � о а у � a3i о�д � � � '° > о ° р ° � .� сб Q 'О .? � ,С й и р .� ° � � ° о о � -w j ш а л � . � •� ч.. � °' и ч--� � .�, а .b о • � > с оо х � у � _ о о о � � -� о � a�i ai �r � и • ^ � � � ° }' р `� о � > U � и U � О � � :9 N U .� � и 'О г� � � ? � ; � О � О � О � .� й � � у� � •й � U ъ о N � а� .b и 'д � . о 3 с� а •�, о � •' U � .ts b � •� с '� ^�,� у � о „b []• N О н р, � � �б � .� -б � � р � У о а� � О �=' О �б � � � С о DG ,� j � . � � � и � о � р = R'j �•i N о и о °,� ``" о °N р ��'"' о о �� р°�р .о а� с,о о � л у .�б Gн .., � '� � N 't� '� О N � •у 4+ с�б � °i У � �, о.U � t„ • V и N у сб у .� о. ,� сб +� о N.� _.- � у у� о о N v, �� v С и л ;.б � р.� и ь. й '�"' р и�, о о аиi р а� С О. аиi '`�i у �',�' с� ьц+ 'i и•� о'�' о с°� � о • о U С,� и�+. > С Я�*•+ сб �+. • 3 й� й;� и' и s°'. .� °м 'д °� у о о а й о о а� � о,.д о �• ,� :fl �� > о� �, °A а а°i а� � о о� а о^ о а•`" а�� bп й � о � о с� � ,� . о b �> ьд �, о р о> о� о с� р о• о � � •� а б � О� и U� Q р+ • у •'." v с+-'д �'' 1�., �-р N�.� у о о О л .r, .� � 'b � � л � N ,� ;� о � � .� � � •� � � °л � °' � `� � о �'л v � b � � а а� � й � ¢ � р" 3 � •° , 'о � � ;,� v р . � • о •.� г�• � о а� о �' У '" о а� ^ ^ ,� и � � , с� t'н' >' � L�. о о�А V.� U a�i г� U'б сд � t1. � � �• ... а CL N .у �¢„ V у о .� � � о .� � ,� � � ° .� � � � N р ш � и О N .� С '� о� ( Р.' � р н о � У� ее � � � а � о � � � о у х 3 г �е � ° • � w _� � , у � � �СΡ о ;� � о`O У . � •й Я �,�_, й � i+ Ш О ,� О � У с д•5° и >° о� У3о �' л:о� о �^ U° с>> ; ел � N � р,,, о ,- .4: ,v., С о а'' � ш � ; 'а •д. � ° � й а> С N� о � д р.� �� ..С р s � F � � С i � и и р N N л О и •.. ,� .°b � п% � ..у "" ° w р V �' ..� ,У � G � t.°.i. �� О и с�СΡб с�б 4, � � О � �р .� О" �� О О °� р р�� р �б z'й О U N�. .� у с°д О\G М N и ° р � '"' 4+ N � � �+°ч v � .�' � 'у .и. у l\ '''о � С 'о р N� р О,� U'° у¢,b fA р О,У v �° ш ц. О � ЧО U р � � � .� 'J ° О с�С � и � �О � V � _ -С > • U н и ° и � `� С ° С iб суд � � � .� �bд 4�"-+ ° . � Q рΡрΡ О � и у � N � N�� �j сб .� � t°.� О'и Q с'�д � и°а. о � vi о ср.� t]„ � � ' � ^ с�б . � � и •b � О ,-с �б j � � ° � с сб с�б N .,r''r N �Г-'� ° � � � N , � � N у '� � � й � � t�д Q• О у т.и., � � ¢' � Ч-Q+" N,b О сри � й s3.� с��д � .•vл• sо.и. г• А ь. � 'j у � ` � bA � р � и N�ч � у �р "" � �. р ° о е � ' � U � г�i . � '�+ N .У Я .�. .У �.°., � N U . � 'О � � � �� У б суд � � � у .С � 4-� р � ^� � 7 ,у � �� t о -д °Д -° °; � и ад . � � о о 3 -д С -°�' ч--� и �. с� .у .� 3 и °.3 .� пt .� > о ai о и � ° о о �� л -о � ,� � 3 ° о од '~ ги , � ° и � tб � 3 ' к .у =� А •v � s., �' � 'У а � � й_ .� � о °о с� � v 3• � ,�а � а� ;� а о� F. р, U N .� и N�+'' �„" N Я ��р й > у U� � U ° й � � -д о а� � � �? � ° � о • � -д а� ч.. � � а ,у й � .о о о •.� ¢' � � а -д N � `� a�i и ° ° •° •� _ ' р л , р и �. U � �+-� а 3 й пг с�б .� у � й '� .� '� � '� a�i 'L1 .� 'Ly +н-� N ° с � у t�.. к N� у ' й;b N у �' wp и�� с�д '� � � ш � й 3 -д � � с 3 �о �° Е� a�i N с�, о 3 '� � � � а � :� � �> а� ,� `� и � � � О о � о � � � � � р v�,�„ �� 3 а'"i � аиi b° cд О н й�? •°.b � т л Ч-. S31 � 'b � 'б � � � и � • � с�б � � � 3 .� � 'v пs .:� � у й � •� ° � 3 '�" •� .� � й z � �° о � � � � � � '� � о .,^°� я. с�1 о � � й 4 , � � ,у N ° :О °��' > ��, -о р' S о а� b о од ' b'д ° р ч-� � � -о и� pCL 'b +' � ° у аиi и � � N л .� �' у°, и >� '� о � , � � У � -г7 � .b и г.'� � . � � о �у ° � F" .ti ..° а � с ; � .b 'ti с ш � � ° .ti о • ,� v � �; _ р а� 'b о � � И сиС � о N � � .b � N С � °U U о .�д '� � �' О � � и `й й 3 abi ° и . � ° � � ' � N b -° ¢ С � � ° Q• ¢' � ч.• °� о � � � � �о од � � . � � � � и ° • '" а -о -о о : � а л � � � й '� � � у ^ а� пг �+ ° � � 'У � � й � о � � а .� й� н г~`�+ �'� у а) С+"�-� р й�'; � ��и •� �•� у G т Е рч 1-N, • CJ � А. s. й� N р� � 3 н N N.� `Л •+�-' '"' и�; L1' о�' о N U р и р R% �, р С О О са �' О оо С'U �^' р� F-: > Q� •� •О � г� �. С > сб и• U ��� о р й у 3.� � у� �� � я' s.и. �у п р"' л пS � О й й w:� 0 U�°��� р� и .у > 'д Я 3 ''' г� г-а °•� р cs ° и •�.� •с й о о.� о о �� ° о°n �� о о 3 z" 'х О N • � � � � � '""' �+'' `л N > � у � и +� п� � > � и н 4-' р., � � О�~ с~б b0 •� V•b •� и,i.., сд � р �� •° У ;� � о � � о ,� й й '� 3 а � :� � д о � � ° о о � ' � . ° � У С4 b'б р р b а� у�.., � Q' гi, �� й... v� Ч� ° С•> а� � р ь. � � � Q � а р . � N N и � � V � р }" у � +� � .�Л. � � � � '+�-� ° � с Сб сС N .У �у.+ � у� N Й�•О U р и �:--� у О � �. О �'д ° �р о �� s.. у L7' N t..� �� О й��'� U.у ¢, ,� и и у� а � � ° � 4-+ и i.. -�у р U N• �' сб N � с+�-' н N У.� .� i �� � Е � �� .� � � о й � U .� Q `" � b с � � � -у ° � ?� о О ° о � V] N 'б у р., �. р �О V О � N � � 'О и • , � . � � р � � � � °s. • � � сии ° � � � °� 3 й `° р i ' � р ``" � �'" о о z .� а� о с ° � .� � � ,� � U ° ,°��' ,�,� •с'' �' `" а � р„ ;b �, и > о , ,� й � � � а д � :� ы .� � � � � .� ' � ,� 3 й а�°i :� � � � о � � о гл о I�,� О Q соб р-�о � N � о ы � ^ � м � � О о о О � � iд Z й � а � � о �а .b � и О Q � гi U • � '� � � Q у � а°3N р ь-� -О Гs: z о 'о 3. С '�'i � ' � tб Й_ � 'С i о '� 'д � а� � v .- ° � � � � р ..� О v.� и I � 1 �. � � ... �. о �а � � � ,-. .� � � ¢ � ° • � � р о � � � 'о дд � ^� ' � • о о � � � ьn од � й � � � а � и а� �. .о ° й ° � � � � од п, �; а' ;b b `: � °' а' � ад i � ° > b ' � ' � о � о �гt о . � �д. й � � и и � 3 �г , � -д о � � а о �' ° �--� v W �>, у�� � О у > й V��� v v � • •--, cG п2 н b .д �N и� '-' � � у� ь. 'С7 .у у и и у� V и и ° й N О .� � L]. V � и��, у��А �,у О сб U й р ,� N и 4-� +� О;_, -б � пS и ,., � � 4`*''-� N � � ° ' �'р Ч� � О о � • � U р � о й Я� у, сб с�.'"'., f�. О� у р о р. � b..._, й . . ^б .� й °�, р с�б у N " :д U � у.� � суд и � � � � аэ .у N О f•о, � � сб � � у � О Ur+ � ,� j � '�bA � '"�-' ' 3 'С .ь� ¢' р .ь�.. �+ и й . � �" ¢" у > р '�' L1' � � V-' v� й о о °г�. 'b ° � � ° � � Lйч � ' � л ¢ � � и � й й" `}' � � U :� � °+-'' ' О ° y,U�,, N ° у .� г�ч � .� � � � � � , н р � � � �� о ; н и � � о ,� � ��. N� Ч�..� b и GA � о° и� оs-�� и � ' 3 � � у � -С � � � �,р,, � о о � й Я � у и о '� и � � � срб й � . й ,� � � tрд, о • ° ° s.. сб '_' � о � о од 3 у °' '� °' о ° �'" 'S � � � У � .о � � � и а� � -� о 3 �� � а� г� � о � �-' и '� о iб р ,� ° р сб �р О и � сUд �•� �•У Q, и°, •� х у •� � � � � � � � � .й � � .� `О о a��i •° о '� С � � � и у сб 4r й �� и V' j N и р �� � сы., • � о v.� � о.�, i 3 ° о о'� .°�? �•у �� � и о � о � о � � �' � �с � ,� � a�i о � � � � b � � � й � о � • н �, . � � о о � �о а, > о v � � � о � � � �. � � � � '3 � � � � ,� � а, .� °D � ° U О v и b � � � � р � 3 р ^б � .� сиV � � .о f]. � с i� оц, � � � � . �, .� с� . `�' 'д ' � � Е-' ,�С sи-' .S� С1+ • � s.. ty-� и у� ^д и� О�.. N 4„� � � р 3� р �•� �'� у,b р � .� и �, .О •� N � и й -С '� с�С j� � р "С � С и � у � и сб _ � N U у н с> q ^� с�б N о,� � N� N р �-: �С � н �'� � у й '� � � � я о '� '' о � и р � о � � -о � -° °A N о Z N •--� W и • О С U R: О � р У � � р � � �� и О С��р Q� . л 4-� и` v , � ,у у �; � �о ° у '° •�' „ � й i� � 3 д • ° у � � ° го U и U N сд N Ои ��+' � sp., � N'b о• и .� � rи. �' � � и t-� � С N_ � и '�:+ 'С О 'b . и � с� ' U • � „_, � Ч '�_ v `° О о У о�б ' р сС и � � у рр ° > ' й ❑�+-' '� й �q iC .� о сб н у �3 О р б� V �� � с и �� � N � о y�j � о 4-i •� °�" �� и сVб й г+: � ш:У � й�' б и Ч � L1' Ч=+ и а) � � с�а � � 0 °..''''.и. сид с�д io л г�о � �, �+. а о � � � у ' � пг � � ?? '� ° и a�i � й i � и � о о � .� � ч-а ' � • �: -д -д U о � •й •� � о � ,�_ 3 ° а, ,_ � Б'д й �^� � � о л � � � у U �• � � b о � � -б 'b ,�о с°i � (�. а� `" а� й 3 � i °' � � й 'b о � � � � �д � а� `'' с� й -� `л �у ,✓ � • и с�" bA `� С � л 4-� t1� у 'д ,.� � р и� и оо сб у� о Я � -ор � ''а а� о � �� о и н N а^° b.� N N'� �� S�. U� �� 3 '� �р ор у ц� � У��О со Е-' й г� *' ,� и о и� ¢-О У.'-'ч � � а .., о �. о .� р о :- 3 �, �; °, ;� � о 3 � Q О+-' �+� N 4-+ • � и и р�Л iб �•� 5 s.� Q � �]+ Q V N ОрΡ i"' й t.p., и� о �' U с� � ,� 'у .� W v ti.сд, N й о � У i� ° �b •� '�д � '� N 'д О .�, -У т � {� 4.+ .�" �р ,Lp"� О р '.С> >.. b о ,�Ч, +-' N N 4ч � сб о . � -~ О N tp-� � л 'U �_ � �О и � f]+ � ¢ .� > и О й � ° G � ° г�i � о � и сд и � ,.; о 3 • 3 3 v г� a�i о н с� и и �. о о 3 оQ1о о ь. О й� у у О� �, о О с у U о у N U о�° р о и� � N о � •�, Я � йд � U у �+. N � N �_ � .� � `-' �+�' й '� и � � с � ! •� w � �„� �+.сд' � 0 U L� с�о "б Q О �'С �% с� с�б "�" '��, � � р S�. о 3 и О у.., , о :'" N .� � � " ° > � '� �A �, '� � о о '� � '� � о � � �' '� °' ? � ., и 1 � t . � �О . U � � й ¢ � .� N У й с о ,� ., � � � р р. О У о W � у г°� `-' о О ро�„ А" � �> _ +� у,,,� fб г � j "'С ¢ ''�" Lч U U р-1 М � � И V У ,-. а о ¢ Q _ ..., • t. .. с�б ''' Q � и о � й ¢° �1 aoi и �� а`'i `� N о api д � � ^U Q W о iб о о� � т с � � 'b N � ,'] � � �с�бв Р. v > 'о � � о .� с�С .С � о 4�-.� � С й � ( � � ( rn � � а � � � ° о � � � � � � � 'S •�4 и +-' ; � N b О V с°б �'У aUi .-� � � � w W � '�с '� сUд � � °' b ° 'б а х'' й � о ° � у ° а� •� с� 3 и й v и У о° N� т°.. у С °р � у,� � О S�. ° ° и ,� р �"' �°,, у С .� Е-' .S] ti' .� N 3 � `� � й ° �� �? и о .� �,, � � '> � ¢, � ° boA ',°, .� о U � рΡ., � н О�о О .� у V� сб й ,� р сб �.у, ° О � о сб � � У U . О � и .'°.�. � ои " ° ° ¢' N � � s., U °ц, Q� � ��. , �О р, vi 'J у у � й �F� ..ry' � �•�.5 а о �. � й � •� � cд v ° � 4�--� � '-' t� �' С�б � и• � � Q � � •U ..у �ч О � и •'� V] у,� ° � ° С , � ° � � .-. , д.+ � о .�, � � U � �О ¢+ ° � п7 у � О ° ° � и � О � t1� t-� О +-• ' ;.д и у,у ': � f�. �°L. v 'С . N Q�'j 4' у, N �, (°j ^„ w а-. ° � � о ° У ���с -д я � > ¢, U � � � й о � � � ° '° � � v� Q, 'д `" .?. � �г � � °' � а л 'n � �з � � � � � о � ° w �•� � а� � � > � � `�• ° °�,' • � �" � � � С7 � '� й о ,�, � `� � vo � � • ° � ss� '� .о � i о о�� о о и-' °' � о � � � � � 3 н а� � � •� '� �и., � Z ' N Q й' и а� � � � .д О N � .b � 'б � � сн � N � О � �' �р .у �' � С G о О � � N � V ° -у � и � U � у vi � О ° О � .� � � у •и � й С N �Г-+ bA ° • � .. > � , N о • V 00 � � рч � +' .н�+ .... U ¢% +-. (б v С Q.У � и г.°,, � у� N й о "�� о � v G�.У -а о��-�' и а°i ч-� � д и '� .-. ° � �•� ° � ro � � "� � и ° ° .� о N b ° +' 'Cf ьn � 'b о 'b .� и ° о ° � � о �.b ° _л� �й_ �3 я,n.�. i�+ N vi �� N �° у г�. �'� � bд й ui � � � О � � � � О � 'С 'L с�''С V. Г"'н' N С� � у у � � �� '^ •� �� О.н U у N у О О q � � ° н .� . > s.. s. � �С С ,,�� ° � N Г�' . � Ф l.. сVб у�Ч F � � � .� � ¢ N N ,�Z 'д � ,� д V о О° � sx., � 'b Q� � � U � 3 . � сд у �, С � >, � .°�. � ° н �' п1 р ° U N � О и >, � а о а� си о ` � � о� � о ��. ° о � а 1 1 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 on Involuntary Resettlement The objectives of this resettlement Action 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 their incomes and standards of living after displacement. The policy prescribes 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. Fable 3-2 below provicies a comparison of VVor!Zl Bafft OP 4.12 and Kenya tand 7tut 26t2 an resettlement provisions, a gap filling measure has been proposed for gaps identified. 20 3.4 Comparison between Kenya policy and Legal Framework and World Bank's OP 4.12 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. Table 3-2: Comparision Between OP 4.12 and GOK laws on Involuntary Resetlement WORLD BANK OP 4.12 KENYAN CONTEXT GAP FILLG MEASURES 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) Bothe 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 while the aim of O.P 4.12 describes the cut-off date as the project is to the date of completion of the socio- The Land Act, 2012 is not specific actually transfer economic survey/census and asset on the cut-off date but proposes a ownership to the inventory of PAPs. Persons entering final survey of land to be acquired beneficiaries. and/or occupying land in the project before compensation is paid. area after this date or newly build tnrture ",ill not be renrd Adnpt World Bank eligible for facilitation or resettlement OP 4.12 policy assistance. FACILITATION/COMPENSATION: and the preferred mode 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 compensation at replacement Prompt, just compensation before OP 4.12 will be cost before relocation and be offered the acquisition of land is clearly adopted. relocation and livehood support explained but not clear on assets Replacement cost does not take compensation depreciation into account. In terms of 21 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. Recommentds preparation of the RAP The Land Act, 2012 is not specific Adopt World Bank and proposes that measures for on any other assistance to displaced OP 4.12 policy livelihood restoration are considered persons. Assistance ends at during resettlement of PAPS. compensation.The Land Act, 2012 is not specific on livelihood restoration. VALUATION OF STRCTURES_ Vlaini cvrdb h Applyd thnk With regard to houses and Lte dVat 201 anerd stiultes asl Bn structures, it is the market cost of the andy mntio02nd, thpates he OP4.12 d materials to build a replacemnent ffrectd persionreceiv jst vauaioea structure with an area and quality afece eson butie st compeation similar to or better than those of the compensation but it is not ormeaes 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 PROJECT INFORMATION DISCLOSURE AND CONSULTATION The resettlement plan or resettlement ection 9 of the Coiuin World bank OPe poiyfamwrnncue esures toa ahiplcdGovernment Act, 2012 provide 4.12 and Kenyan erns thttedipae forthe ight to access of information. laws (i) infor e about their options and Article 35(1)particularly guarantees rights pertaining to resettlement; all Kenyan citizens the right to (ii) consulted on, offered choices access any information held by the among, and provided with technically state or information held by another and economically feasible person and required for the exercise andettlmenmaleaie; or protection of any right or resettlement alternatives; undamental freedom be The Land Act outlines procedures Implement Din l d be - -o tconsultation meaningfully consulted and should or con b th NLC a p have opportunities to participate in pop ation by the NLC and pdres as planning and implementing grievance management procedures. outlined in both resettlement programs, the policy is Kenyan legislation particular on involving vulnerable and For l nto marginalized as well as women in the vulnerable and process lwomen, the OP The policy also provides for public will be applicable disclosure of information related to the Project during such consultations 22 4. APPROACH AND METHODOLOGY 4.1 Introduction The preparation of Mjini 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 support 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. . KISIP Ressettlement Policy Framwork (RPF) 2014 which provides a framework for identification and mitigation of potential social impacts arising from any KISIP project intervention. The resultant impacts necessitated preparation of this ARAP report to guide the mitigation of socio-economic impacts. * Socio Economic Report for Mjini 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 Migeinnt Of bth:ltr h b h-n cntinl from proiect 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 six (6) meetings were held during planning for the Mjini settlement upgrading. The meetings were attended by representatives of National and County Government of Kakamega, KISIP County Government representatives; Community members, SEC, chief and PAPS. Besides planning issues, RAP related issues emerged and were also discussed including declaration of cut-off date of 23' October 2016 in the planning meeting of 21st October 2016. At the RAP stage, one meeting was organized on 5t" June 2018 with the PAPs where specific issues that related to them were discussed. The issues included; Entitlement & compensation; ownership of assets; validation of PAPs register. 23 4.4 Census and Socio-economic Survey Prior to the survey, census survey team was constituted and was comprised of 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; * 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 1 and 8 respectively. On day one of the survey, the PAPs were sensitized on the scheduled survey and the cut-off-date was communicated. 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 KISIP Resettlement Policy Framework describes the cut-off date as the date of completion of the socio-economic survey/census and asset inventory of PAPs. During the consultative meeting with the 24 community members in planning meeting of 21" October 2016, the. cut-off date of 23' October 2016 was publicly declared. 4.4.2 Survey Process PAPs census and socio-economic survey was conducted at 100% between 22nd and 23' October 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 of 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 affected structures 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. 4.5 Valuation of Assets and Livelihoods Valuation of buildings and other structures used an estimate of the total effort invested in terms of building materials (floor, wall, roof type, finish and labour input) which was valued at full 25 replacement cost without factoring depreciation. The replacement cost principle was used to arrive at the total cost implication of shifting the affected structure to another point away from the way leave. Loss of Rental Income was calculated attwo month cash grant equivalent to average income of PAPs. The tenant PAPs were allowed an amount equivalent to two month rent to facilitate them look for alternative houses to rent. Loss of business livelihood will be compensated as I 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 KISIP Resettlement Policy Framework provides for one weeks cash grants which is inadequate to restore PAPs business. Loss of Shelter was allowed KSHs 5,000 one time shifting allowance, in addition a three months' notice for vacation will be issued to allow the PAPs adequate time to look for alternative accommodation 4.6 Inventory of Vulnerable Groups As part of the Socio-economic baseline survey (Appendix 8), people considered to be disadvantaged 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 5 vulnerable PAPs who included 1 Physically challenged due to severe bums and 3 Elderly. The Figure 4-1 below Summarized Census & Socio-economic Survey Approach and Methodology Literature Review of RAP/ Socio-economic relevant documents StakeholdersConsultative Meetings Cut-Off Date (At the start of census) Census Survey /inventory Socio-Economic Survey for PAPs preparation Profilling Valuation of Affected Assets Analysis/Prof illing of PAPs RAP Report Finalized Figure 4-1: ARAP Preparation Approach and Methodology 26 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 Kakamega 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 Mjini settlement while other County Government staff consultative meetings were held at County Government of Kakamega (CGK), Mumias 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 Public participation in Kalolelni Informal settlement was conducted as indicated in the schedule summarized in the Table 5-1 below. Table 5-1: Public Participation Schedule Type of Stakeholder Who Date Objective of the Meeting RiottingCartiripated Entry barazas * National Government 28`1 July Parties agreed to work jointly to ensure representatives, 2016 KISIP objective is achieved and residents . County Government of Mjini acquire the security of tenure representatives, * SEC, consultant * Community members. 1st Technical * Representatives of the 19t Settlement boundary was confirmed by Stakeholders National and County October the SEC and consultants. In the meeting workshop Government, 2016 community visioning was undertaken. * Consultants * SEC members 1st Community * National and Kericho 21st The LPDP was validated and community technical County Government, October requested for fair process to meet stakeholders * Consultant, 2016 aspirations of the residents. orkshop * Chief I _ Declaration of cut off date of 23' 27 * SEC, October 2016 * Community member 2nd Community Kakamega County Government 22nd Community accepted the findings of Stakeholders representatives, KISIP National October social mapping, environmental and social workshop Government representatives, 2016 screening Consultant, SEC and community members. RAP report Representatives of KISIP 5' June The emerging RAP related issues were Validation National Government, 2018 resolved Meeting consultant, SEC and PAPs. PAPs confirmed their details in asset egister and accepted the entitlement natrix 5.4 Community Meetings and Summary of Issues Discussed The whole process of planning and survey was 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 5 meetings were conducted at different stages of the project. 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 such as project impacts to private assets and whether KISIP will compensate for the loss. 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 5-2 below. 28 Table 5-2: Summary of Issues Raised During Consultative Meetings Metting Date Participants _Key Issues Response Session Stake holders Male Female Total I Entry 28th National 37 16 53 Structures Scheduled for 28"' barazas July Government enumeration July-30t" July 2016 2016 representatives, Scheduled for 31th County Government Scio-economic July 2016 representatives, studies and SEC, consultant targets community members. 1st 19th representatives of 25 2 27 Change of use of The settlement will Technical ctober the National and the settlement be used for both Stakeholde 016 County Government, into commercial residential and rs Consultants and commercial in workshop SEC members accordance with Plot ownership KISIP project status objective The leasehold ownership will be emphasized and Title Deeds issued 1st 21st National and 72 17 89 beneficiaries KISIP does not Communit October Kakamega County who have charge any money y 016 Government, initiated the or the planning and stakeholder consultant, chief and subdivision and survey, the issues of s workshop SEC and paid for it conflicting plot beneficiaries. Conflicting plot ownership to be ownership handled by SEC, no money should be paid to any person for resolution of any conflict. 2nd 22nd Kakamega County 81 17 98 Conflicting plot SEC to assist swap Communit October Government ownership the affected PAPs y 7Ul6 representatives, Names to remain as Stakeholde KISIP National Ownership of indicated in rs Government plots by deseased llotment letters but workshop representatives, beneficiaries will Consultant, SEC and receive Title Deeds community Plot owned by SEC to resolve mtembers. s I_I _keparated couples In addition to the planning stakeholders consultative meeting, a meeting was held with PAPs on 5t" 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 Table 5-3 below. 29 Table 5-3: PAPs Asset register Validation Meeting Meeting. Meeting Date Participants Key Issues Response Session M F Total PAPs Asset 5th June Representatives of 12 7 19 Whether PAPs The ARAP has enumerated Register 2018 KISIP National will be facilitated all PAPs including affected' Validation Government, or compensated assets, appropriate, Meeting consultant, SEC for the loss compensation will be and PAPs. triggered by the offered by KISIP to the Project PAPs Omission of All PAPs were identified some PAPs in the by cut-Off -Date.of 23' register October 2016. However, cases of absentee PAPs who were not available during the enumeration will be validated and included in the register Table 5-4 presents details of the issues specific to RAP that were discussed during PAPs meetings. Table 5-4: Outcome of PAPs Meeting Sr. Emerging issues Responses 1 Whether PAPs will be Its a facilitation and not refundable facilitated or compensated for the loss triggered by the Project 2 Compensation of permanent Partially or totally impacted facilities will be compensated structures with less than 50% at full replacement cost for the affected structures, the PAPs affected will also benefit from the right to salvage construction materials. Adequate notice of 3 months will also be issued after compensation to allow PAPs adequate time to remove encroaching structures. 3 Omission of some PAPs in the All PAPs have been identified inventoried by 23"' October ____ rir '06 -lhi i th- U Dt teff D t g Hoe-er, Gw of absentee PAPs who were not available during the enumeration will be validated and included in the register 4 Omission of plot no.14 Confirmation to be done on the ground with SEC after the meeting 30 PAPs Meeting Mjini Informal Settlement, Kakamega 31 6. IMPACTS AND MITIGATION MEASURES 6.1 Introduction There was no Loss of private Land in the settlement, however, the was minimal loss of land for road There was no Loss of private Land in the settlement, however, due to road expansion and plot interboundary re-adjustments structures were affected. This loss was minimized through adoptive planning and the beneficiaries were sensitized and consulted on the need to have adequate access, endorsement and validation of the LPDP at community level and provision of title deeds. However, implementation of the approved LPDP will occasion both total and partial loss of structures built in the Right of Way (ROW) which will in turn affect sources of livelihood. Majority of assets affected are semi-permanent houses and temporally structures such as stalls and verandah extensions into the wayleaves. 6.2 Positive Impacts Planning and surveying will lead to regularizing security of tenure, this will lead to improved provision of 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 Mjini Informal Setlement had PDP prepared in 1997 all the beneficiaries did not have security of tenure except for 7 beneficiries who had title deeds'. . KISIP approach to settlement upgrading was an innovative way to implement Tenure Security to allow 130plot 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 Mjini. This will also enable the development of other facilties such as sewerage lines, piped water, electricity and waste removal systems. Construction of roads will 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 Mjini Informal Setlement will be motivated to invest in better housing types with more occupancy units thus shifting from the traditional semi-permanent types to highrise modern buildings. With improved housing conditions and security more people will move into the area to settle either for business or residential. This will The 7 beneficiaries who had title deeds were not included in planning activities. 32 have a ripple effect 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 89 from this total male PAPs are 50 and female PAPs are 39. From the total number of PAPs 32 PAPs will loss structures while 57 PAPs will loss shelter (tenants) as detailed in sub section 6.4.2 and 6.4.3. No institution is affected in Mjini settlement as detailed in PAP diagram Figure 6-1 below. PAP Diagram PAPs 89 ________________ _______ Institution 0 Figure 6-1: PAP Diagram 6.4.1 Type and Nature of Structures' 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 Mjini, some structures will be relocated into respective plot boundaries to allow proposed future development of the settlement as per the approved LPDP. The number and type of impact is illustrated in Table 6-1. 'able 6-1: Type of Affected Structures Affected Structures Number Rental House 10 Shop Rental 5 Main House 12 Toilet 7 Toilet & Bathroom 1 Commercial House-Timber Yard 2 Commercial Building Verandah 4 Verandah 5 Store 1 Fence 2 Welding Workshop 1 Fumiture Workshop 1 Septic 2 9 Map of affected assets is provided as appendix 10 to this report 33 Car Wash 1 Tailor-Shop 1 TOTAL 55 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 6-2 and Photo plate below. Table 6-2: The Extent of the Impact Extent of Impact Number Percentage Total Loss 15 27.3 Partial Loss Residual Usable 20 36.4 Partial Residual Unusable 19 34.5 Other strucutres 1 1.8 Total 55 100 ypical Examples of Affected Houses in Mjini Informal Settlement 34 6.4.2 PAPs Losing Structures The total number of PAPs losing structures are 32, out of which 18 are female and 14 are male. This information is summerised in Table 6-3. Table 6-3: PAPs Losing Structures Type of Structure Owner Total No of Female PAPs Male PAPs Vulnerable PAPS PAPs PAPs female Male Individual Owner PAPs 32 18 14 3 1 6.4.3 PAPs losing Livelihood The number of PAPs whose businesses will be affected are 34 out of which 13 are female PAPs, where 2 are vulnerable individuals and 21 are male PAPs. 21 PAPs will lose rental income out of which 11 are female two (2) of whom are vulnerable and 10 are male out of which I is vulnerable. The types of businesses that were common are general retail shops, food kiosks selling mainly chips and, green groceries and cereals, boutiques, salon, barber shops, cyber caf6, hardwares, book shops, bread backery and artisanal vendors. All the rental houses had tenants at the time of the asset inventory. Detailed breakdown of livelihood are provided in Table 6-4. Table 6-4: PAPs losing Livelihood Total PAPs fotal Female PAPs Male PAPs Vulnerable PAPS female Male Business 34 13 21 0 1 Rental 21 11[10 2 ' The photographs below present an overview of affected livelihood. he photos indicate typical businesses in Mjini; retail shop, bourtique and beauty shop and ookshop, carpentry among others 6.4.4 Tenant PAPs The total number of affected tenant PAPs in the settlement are 57 consisting of 21 female and 36 male as detailed in Table 6-5. Table 6-5: Tenant PAPs otal PA S emale PAPs ale PAPs ulnerable PAPS emale ale esidential 15 usiness 13 1 6.4.5 Impact on Vulnerability Table 6-6 provides a breakdown of vulnerable PAPs enumerated in the settlement and presented in summary in previous sub section. Table 6-6: Vulnerable PAPs umber e of Disabili 1 al Fninl nek, chest and hand disfiguration resulting from severe bum 1 male Id age 70 and over rotal 6.5 Mitigation Measures Table 6-7 below provides mitigation measures adopted by this RAP for the negative impacts identified 36 Table 6-7:Mitigation Measures for Negative Impacts 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. 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 notice to vacate. Additionally affected businesses would be Business given one months cash grants equivalent to average income as a means of facilitation Income 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. Additional Ksh 5000 will be given to PAPs as one time shifting allowance as provided for in the RPF. Vulnerability vulnerable people who 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 specializedlO assistance from KISIP County Team during relocation and priority in disbursement of compensation funds. The elderly (those 70 years and above) who have not been listed for government social programme such as the "Inua Jamii" cash transfer programme for aged persons will be enlisted by KISIP County Team to County Government of Kakamega Ministry of Gender, Social Services and Sports for listing to receive unconditional cash transfer. 1o Specialized assistance will include assistance in reconstruction of affected assets through provision of transport and labour and assistance in reconstruction of the affected structures. 37 7. SOCIO ECONOMIC The socio economic survey was conducted at 100% census of PAPs in 22nd and 23 d October 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 55% of the PAPs were males and 45% of the PAPs were female. 52.6% of the PAPs were married, 25.8% were single, 13.9% of the PAPs were separated and 7.5% were widowed. More married PAPs explains the reason behind more male PAPs who are the household heads who were targeted by the survey. This is in line with patriarchal African family set up in which the male is the head of the family. The marital status of the PAPS is shown on Table 7-1. Table 7-1: Marital Status of the PAPs WsFirequnc Pecrentage Sngle 24 25.8 Married 49 52.69 Separated 13 13.98 Widowed 7 7.53 Total 93 100 7.1.2 Average Age of Household Head The average age of the PAPs was 39. Majority of the PAPs at 33% were aged between 21-00 years, 25% were at between 31-40 years, 18% were between 41-50 years, 8% were at 51-60 years,5% of the PAPs were between 61-70 years, 3% were at 71-80 years and 1% at 81-90 years. The largest pupildLfon 970 of tHe PAPs were within the productive age that constitute the labour force within the settlement who may be engaged during project implementation stage. 35 33 25 25 20 18 15 10 10-20year 21-30 31-40 41-50 51-60 61-70 71-80 8-SO Figure 7-1: Average Age of Household Head 38 7.1.3 Educational Levels Among the PAPs, 9.6 % of the PAPs had college/university level of education , 31.1% had secondary level of education, 53.7% had attained primary level of education and 5.3% had no formal education. This implies that 94.6% of 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 below. Table 7-2: PAPs Education Level college/university 9 9.677419 secondary 29 31.1828 prmary 50 53.76344 None 5 5.376344 Total 93 100 At basic (Primary) level of education there were 42.5% female and 31% male PAPs, at secondary education level and there were 46% males and 50.4% female PAPs, at college/ university education there were 12.1% female PAPs and 8% of the male PAPs and 2% male had no formal education while none of female PAPs had no education. However, female PAPs were more at primary and college/ university while male PAPs were more at secondary level of education 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 39.8%, casual labour was at 35.5%, formal employment was at 18.3% and crop farming was at 4.3%. 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. Business was undertaken by 7.6% of the male and 7.7% female PAPs.casual labour was undertaken by 40.5% male PAPs and 13.4% of female PAPs while other sources was for 20.1% and 10.7% each of the males and female PAPs respectively. However lack of security of tenure resulted to low income from temporary structures whose ULLInS wme low, dhus t 11ett l :itylwt tt -ftaqlt -ear t -f 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 Incoe sorce regaacyPercentage Formal employment 178.3 Business 37 39.8 Crop farming 5 4.3 Casual labour 34 35.5 Total 93 100 7.2.2 Income Levels The average income for the PAPs was Kshs. at 9,304.52. The income for a majority of the PAPs, 44.5 % ranged between Kshs. 3001-5,000, 29.7% of the PAPs earned below Kshs. 3,000, 12.1% earned between Kshs. 5001-10,000 and Kshs. 10,001-20,000 each and 1.3% earned between Kshs. 20,001-- 39 50,000. The income levels are fairly low compared to Minimum wage in Kenya 2017 which was consolidated as Ksh. 11,926 for Kakamega Municipalities. However, the income level may be biased due to inaccuracy and lack financial records Lack of security of tenure hinders improvement of shelter and access to basic services and investment at settlements level, thus low income for PAP. 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 bm oOLFrequenc Peretge <= 3000.00 22 29.72972973 3001.00 - 5000.00 33 44.59459459 5001.00 - 10000.00 9 12.16216216 10001.00 - 20000.00 9 12.16216216 20001.00 - 50000.00 1 1.351351351 50000.00+ 0 0 Total 74 100 7.2.3 Monthly Expenditures Key spending areas by the PAPs included rent, food, transport and clothing as detailed in sub sections below. Majority (52.9%) of the PAPs spent between Ksh. 501-2000 on rent monthly, 35.4% spent less than Ksh. 500, 8.8% spent between Kshs. 2001-3500 and 2.9% spent between Kshs. 3501 and above on rent monthly. The ability to pay for decent housing varies among the PAPs and was expensive. Monthly expenses on rent are shown on the Table 7-5. Table 7-5: Monthly Expenditure on Rent Rent Freqpeuy P'ercenotage. <= 500.00 12 35.4 501.00-2000.00 18 52.9 2001 00 - 3500.00 3 8.8 3501.00+ 1 2.9 Total 34 100 Majority 36.11% of the PAPs spent Ksh. 3001-5,000 monthly on food, 27.7% spent between Ksh. 1001-3000, 16.6 % spent between Ksh. 5001-10,000, 11.1% spent Ksh. 500-1,000 while 8.3% spent over Ksh. 10,000 monthly on food. Over half 75% of the PAPs spent more than half of their income on feeding. Monthly expenses on food are shown on Table 7-6. Table 7-6: Monthly Expenditure on Food 500-1000 11.11 1001-3000 10 27.78 3001-5000 13 36.11 5001-10000 6 16.67 Over 10000 3 8.33 Total 36 100 40 Majority 64.3% of the PAPs spent Ksh. 201-1650 monthly on transport, 17.9 % spent less than Ksh. 200, 14.3% spent between Ksh. 1651-3100 and 3.6% spent Ksh. 455100 and above monthly on transport Therefore the highest number of PAPs 96.5% spent between Ksh. 200-3100 on transport monthly. Monthly expenses on transport are shown on Table 7-7. Table 7-7: Monthly Expenditure on Transport Transort Irqec 'Percentage <= 200.00 5 17.9 201.00 - 1650.00 18 64.3 1651.00 - 3100.00 4 14.3 4551.00+ 1 3.6 Total 28 100 Majority 58.1% of the PAPs spent less than Ksh. 500 monthly on clothing, 25.8 % spent between Ksh. 501-1,000 and 16.2% spent between Ksh. 1001 and over Ksh. 3000 monthly on clothing. Monthly expenses on clothing are shown on Table 7-8. Table 7-8: Monthly Expenditure on Clothing Ft.pq#i <= 500.00 18 58.1 501.00 - 1000.00 8 25.8 1001.00 - 2000.00 2 6.5 2001.00 - 3000.00 2 6.5 3000.00+ 1 3.2 Total 31 100 From the above figures, the expenses on all speding areas were high for majority 77% of the PAPs spent and between Kshs.500-10,000 in respective spending areas. Food, clothing and shelter are a necessity for live and must therefore be incuured. 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 The method for majority of the PAPS was use of latrine at 86.3% and use of water crochet (WC) was at 11.3% and use of VIP was at 2.2%. The latrines are manually emptied as reported by 40.8% of the PAPs, emptied by local authority was 17.2%, latrine never full was at 15.7% and private exhauster was at 26.3%. Manual emptying of sanitation facilities was cheaper though not hygienic. However, sharing of toilet by more than one household is not acceptable hygiene and 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. The residents of Mjini settlement will therefore benefit more from improved sanitation system. 41 Table 7-9: Type of Toilet Owned VIP 1 2.27 WC/Sewer 5 11.36 Latrine 38 86.36 Total 44 100 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 collection by County authorities rated 40.8% wich was the common waste disposal method within the settlement, burying was at 20.4%, organized private collection systems at 1.0%, burning was at 30.11%, and dumping in the compound was at 7.5%. The solid waste collected by the County authority though appropriate was not prompt and resulted to pilling of waste. In addition, private collection was at a cost, thus not the most used method. 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 are as shown in Table 7-10. Table 7-10: Solid waste disposal methods s id wste _requencyPecn Collected by county 38 40.86 Burying in the compound 19 20.43 Organized private collection 1 1.08 Burning in the compound 28 30.11 Dumping in the compound 7 7.53 Total 93 100 7.3.3 Waste Water Disposal Main method of waste water disposal was by pouring in the drainage rated at 50.5%, 23.6% were connected to the sewer, 17.2% poured waste water on the road and 8.6% poured waste water into the toilet, were connected to the sewer and 2.8% used other methods such as puud anywhr10. WaSr wal dispual thIouttds aniug dth FPS wa nut Unly contravention of solid waste management regulations but also portrays poor hygiene practices in the settlement. This requires hygiene training sessions and designated disposal of grey water. Waste water disposal methods is as shown by Figure 7-2. Figure 7-2: Waste Water Disposal Methods 42 7.3.4 Main Water Source for the PAPs The main water source that accessed water to the PAPs was the piped water supply at different location. Access to water within the house was 17.2%, outside the house was at 47.3%, 12.9% accessed water from a water Kiosk, 17.2% from a borehole, tanker, a shallow well and other sources at 1% each and 2.1% accessed water from a river/ stream. A total of 70.4% of the PAPs accessed water from a piped water supply which is safe for domestic use. However, there were other water sources such the tanker, shallow well, borehole, river or stream whose quality was not safe for domestic use. The water sources used by the PAPs are as shown byFigure 7-3. -332 12.- Figure 7-3: Water Source Majority of the PAPs at 58.1% paid between Ksh. 101-500, 21.5% paid less than Ksh. 100 for water monthly, 19.4% paid Ksh. 501-1000 and 1.1% paid over Ksh. 1000 monthly for water. During the FGD, it was reported with improved security of tenure, the housing will also improve from semi- permanent to permanent housing and PAPs will resort to rain water harvesting and will therefore not pay for water. This will lower their monthly expenditures. In addition, 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. The monthly payment for water is tabulated as shown in Table 7-10. Table 7-11: Monthly Water Cost W-aer P-yqunyercentage, <= 100.00 20 21.5 101.00 -500.00 54 1 501.00 1000.00 s 19 4 1000.00+ 1 1.1 Total 93 100 7.3.5 Mode of Transport The main mode of transport for 35.4% of the PAPs was walking, 32.2% used motorcycles, 23.6% of the PAPs used Matatu / bus, 5.3% use bicycle and 3.2% 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. 43 Table 7-12: Main Mode of Transport .Tyqnsport mo' rquky Pretg Private Car 3 3.23 Bus/Matatu 22 23.66 Motor Cycle 30 32.26 Bicycle 5 5.38 Walkig 33 35.48 Total __93 100 7.4 Disease Prevalence The illness suffered among the PAPs include malaria at 59.1%, respiratory infections at 12.9%, typhoid was at at 9.6%, pneumonia was at 8.6%, 4.3% suffered diarrhea, cholera was at 1.0% and other ailments were at 4.3%. The presence of various diseases was attributed to drinking unsafe water, to poor hygiene practices such as damping of solid waste that encouraged breeding of mosquitoes poor housing conditions among others. Such conditions would require promoting access to safe water by PAPs coupled with hygiene training. From the survey findings all PAPs 86% of the PAPs walked 2-5km to reach the health facility, 14% covered between 0-1 kilometer to reach the health facility. Some of the health facilities were located outside the settlement which was at 89.3% and 10.7 were within the settlement. Regardless of the distances involved, the PAPs demonstrated understanding of importance of good health seeking behavior and good access to healthcare services. Table 7-13: Disease Preference saeF"reqAc-y IPereejRt;ge Malaria 55 59.13978495 Diarrhoea 4 4.301075269 Pneumonia 8 8.602150538 Cholera 1 1.075268817 Respiratory Fever 12 12.90322581 Typhoid 9 9.677419355 Other Ailments 4 4.301075269 Total 93_ __ 100 7.5 Vulnerability As a requirement of the RPF, this study has identified 5 vulnerable persons categorized as 4 Elderly persons over 70 years of age and one physically disabled. 44 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' 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 PAPs in the settlement. (i) People whose structures used for business or residential purposes will be partially or total affected by planning and survey. (ii) People whose business or sources of livelihood will be affected. (iii) Tenants who reside in structures that will be totally affected. (iv) Vulnerable PAPs For the vulnerable PAPs, and as provided by the KISIP Resettlement Policy Framework, this RAP provides additional Kshs 2,000 for the first 2months, specialized assistance throughout the RAP process and priority in disbursement of compensation funds. 8.2 Cut-off Date The cut-off date of 23rd October 2016 which was the completion date of census was communicated during the planning meeting held on 21St October 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. New developments after the cut off date will be ineligible for compensation. Also during PAPs consultative meeting held on 5th June 2016 appendix 3, 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 UpUon will be adUpLed owing Lo hs flexibilhy appicabihty and accountability. Por structure owners, a self- demolition notice of three months and a right to salvage their assets will be given. 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. 45 Table 8-1: Entitlement Matrix Loss Category of Entitlement PAP Fully affected / Squatter * Cash compensation at replacement cost without depreciation partly affected for the structure. remaining structure, * One time shifting allowance of Ksh 10,000. not viable * Right to salvage materials. Tenant Housing allowance for two month equivalent to rental value. A onetime shifting allowance of ksh 5,000. Part affected Squatter * Cash compensation of the affected part at replacement Cost structures with without depreciation. remaining portion * Repair Cost of affected part based on the current market rate viable of materials to be used. * Right to salvage materials. Loss of Income Business * Cash compensation based on a calculated average loss of operators income for one month. * 3 month notice to the PAPs to allow them adequate time to look for alternative site to re-establish the business. Loss of rental Subsistence lost income allowance equivalent to 2 months income rental income. Others Vulnerable * Assistance in reconstruction of structures. For vulnerable PAP PAPs owing structures that will be affected through the RIC and SEC * Priority consideration in processing compensation payments. * Additional Ksh 2,000 to the vulnerable persons for the first 2 months. * The elderly vulnerable PAPs enlisted by County Government of KakamegaMinistry 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 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 ARAP 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. 46 9. GRIEVANCE REDRESS MECHANIS 9.1 Introduction 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: . Disputed Valuation of impacted structures which may be perceived as unfair and/or 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 Mjini included the following: . A grievance redresses mechanism which is simple, accessible, affordable, and accountable. * Provide suggestions on how information is made available to the Project Affected 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 ARAP 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 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. 47 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) is existing in the settlement. 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- 1 male and 1 female who could be religious leaders or in leadership position within the settlement) and the Location Chief who is 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 17 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 for voting while determining the resolutions: From KISIP National PCT M Head oi coulpoltein 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 The member of parliament and member of the County Assembly (MCAs) may be co-opted as ex- officio members. Kakamega County Government will provide the secretariat for the committee. A 48 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. 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 49 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: 0 Roles of the committee and the process of GRM " 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. gievance received and 112ndled * 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 status reports to RIC. RIC will also prepare reports for the KISIP Coordinator. Figure 9-1 indicates the steps involved in GRM shows a grievance resolution flow chart proposed by this RAP. 50 Level 1 SEC The secretary Receives & Records of grievance in Grievance register and notifies the chair person Chairman of convenes SGRC meeting of Complainant satisfed the committee (within 14 days) to review, with outcome investigate and resolve the complaint Final close out If Complainant is NOT satisfiedescalate to RIC Complainant satisfied with outcome Level 2 RIC Conumittee Receives findinds and recommendations I Grievance processing by report and reviews RIG (14davs If Complainant is not satisfied proceeds to Court Level 3 (Court of Law) Complainant seeks Legal Redress Figure 9-1: Steps involved in GRM 51 10. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION 10.1 Introdution The overall responsibility for the implementation of the ARAP 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 ARAP. 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) Community 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 Mjini 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 ARAP provides for coordination of relevant institutions discussed in sub section 10.1 above, the responsibilities of implementing the various ARAP activities are illustrated in Table 10-1 while figure 10.3 presents information sharing and Stakeholder Engagement Strategy. 52 Table 10-1: Organizations with Responsilities for RAP Implementation S/N Organization Responsibiities 1 The Treasury * Financial management on behalf of the Borrower (GoK) and Provision of funds, Ministry of part of which will be used to settle compensation claims by PAPs Finance 2 Ministry of * Project employer with overall implementation responsibility; Transport, * Manage the project including monitoring and evaluation Infrastructure, m The ministry handles land tenure matters and issues titles; Housing and* Will interface with the National Treasury on issues pertaining to Project funding Urban to ensure smooth flow of both internal and external funding, and at the same time Development 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 4 KISIP National* Coordinate the effective implementation of the RAP as provided for by the RPF Team * 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. * Validation of assets and PAPs before compensation * 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 5 KISIP County * Facilitate implementation of ARAP and ensuring project success. Team * Delivery of other assistance to PAPs will be the responsibility of County Government under the coordination of respective RIC. * Responsibility for appropriate and suitable measures to prevent further encroachments after the cut-off date and before facilitation is made. * Oversight and quality control of rebuilding of structures for vulnerable PAPs identified for this additional assistance. * Clearance of structures after expiry of self-demolition period and compensation. * Part of Grievance Redresses Mechanism through County KISIP office. * Maintaining roads and safeguarding them from encroachment after RAP rnIplpmentatin 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 to reconstructs their structures 8 SGRC * Receiving, filing and resolution of grievances at the grassroot level 9 SGRM This will be formed to address all grievances related to the development and implementation of this ARAP at settlement level 53 � и ,. У ы �' й й 3 � и 'С t0 с L � О С и С OU С и р 00 р и СО 1СΡ0 ..� 1 Т. р С� Е У р С Е У'j Й С С I ° Е v Е р Е � Е �'^ Е ш n а � т ' '� .с � с_ 'й '3 ш �' С .ы и о Cо i 3 G О ¢ й о а а а о?) ! а а д 00 ' с Е � � i О а о 1° � t � � 3 '_ � � , о о Е '.: т Е � ! ; � Q > и j i 'оо с � т v ш � � U �д V � � _.:::i а v С т т V с '� rj �; ы й � С Ч р Е Е U V��� . б. �. � U У 2� � U� Q ¢ � U Q й L , а; r у и й 1 г. о w0 др а с ']С '.. О и � �1J �' ; �.� ���, i �р � й � � NC С �'л �ь С ��' ' � �. � � ." � g Е тw т £ с р- v ¢ > С с с 1 � о Е � с� п с I�, � 11 , '.U-+ в.р_+ С у 4и`1 � р и � G ,,,,. � ?' й с t Е v й т с> � � i L +' с и а+ р [д �р � � � � ьд. � С 1- т � 'р С у О td.� .� О С� � �. L, г а �� р'О fC Е L С р` w Q'ир � уΡ . �` С С 01 �р t0 р. С fp ��:� 'g.�: v р гр ��7 ц 3 � С-р О С� OJ VL , У �' С � Й у ы С ы р и ', . ~ р� р и� С а�+ и р � v N и О С .. .• �� й С С . р� т р О N и �'р ` р_ � р � , аи., О С1 '� �� Е OU '� у0 у Е� � и С' � ш ш� 5 � у.,т°1_. а �� !' а й �° � у.'_" � С n С �) О 7 С Q � р. в+ . т Н ° z � z ш а г'т � Q а ш а О � , v '1 т � С ы,�О ` � 1' i (7 и О и � ш '^ � й `1 О О у �� :�`�. � i � � .� р Q �р у > � � ' '..: _ 3 ai � �•- т v OD �1�гзг�'�, � • �, � т Е �;,� l7 с с . f; t с v �.о о и с � � ш ; 3 � т '�'^ д' Е � с т о и � � !`~ пs :: r°-' ° ` 'а' и `° '- � С и U ' в-:-�+ � � и� � а о ш ш � -°- а т ' V] n ш ¢ т д а а а`о � и С т а � � �, 'р � а у� у �`"о � й ш у � � I � и Ор а _Т О �+ ш L L О j j й L �^ � N N Е'^ n -S7 . Q ш� б � � ш °D ш О� Q � ш Q � bA <�дll7шZСш Ог�й��и' ��,. ��: � W ; - -_, - -.. _ ,_ _ - -' - _ � , � �� _ а� 'С �----, �-.1 i -------� о t r О� Sj � 'I -С ; ОТ�' I .� ` � ' � � oif с � I � •� с � �, � � ti � г 1 Б[ о..с� о� и N., ,� � о =;1 �„ : ог w. i +� � а+ . : i о и � �а -iал � i 4 г7 . . ! А ��, � а � г0 О 'гb � �, fи :�� N .� �..._ L � а � i и, ,--� i � ;^� -v, . € � � Q �`� р 3 р v! � F"' �_ � � �� о. *'' с f и Nд � � О .Q �;�r .I 7 � �. �� � GJ а;,� ,� ;, � �.. . �� � ,и + �о -,t I Э ��_/ � � С � \ �__-_�' �1 � �I 10.2 Disclosure and Compensation Payment The asset register will be validated by KISIP and thereafter disclosure of entitlements to 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 Kakamega County Government. Disclosure will be carried out as per the implementation Schedule. The PAPs will be required to open a joint account for the huspand and wife for the proper management of the facilitation proceeds. After disclosure the PAPs will be required to sign the agreement forms indicating acceptance of the compensation amount and provide all the requirements e.g account number, photocopy of ID and await for the compensation amount as illustrated by this RAP. Payment for those who will sign the compensation agreements will be sent to the account given within 6 weeks of signing the agrrements. Payment of compensation and other assistance will be implemented by the RAP Implementation Committees (RICs) as per the implementation schedule. Those PAPs who decline to sign for one reason or another will be will still be talked to and explained the reasons for the amounts or will register their disatisfaction with the GRM or even KISIP office. The GRM will be open to receive any grievance arising from compensation of funds. 10.3 Disclosure and Compensation The asset register will be validated by KISIP PCT and thereafter disclosed to PAPS. Disclosure will be through the WB infoshop, MoLH&UD website, KISIP county offices. At the settlement level, this disclosure will be through series of public meetings organized by KISIP PCT and KISIP County teams as indicated in the implementation schedule. Also, to ensure that the all PAPs understand the ARAP implementation process, the exercutive summary of this RAP will be Transalted to a local Language and a translator will be engaged during the meeting to translate RAP during proceedings of the disclosure meetings to the PAPs. As provided in the ARAP implementation schedule table 10-3 and upon sensitization, the PAPs will be encouraged to open a joint accounts between spouses for proper management of the facilitation proceeds. The PAPs will then be will be required to sign compensation agreement forms indicating acceptance, PAPs identification documents such as; account number and photocopy of identity card numbers will be required. Payment for those who will sign the compensation agreements will be sent to the account of PAPS as provided in the implementation schedule in table 10-3 below. PAPs who decline the compensation package will he refPrred tn the ORM fQX: nWiGable rGgglAition Ogtho 10.4 Notice of Demolition As provided in ARAP implementation schedule in figure 10-3, a three (3) month notice for self- demolition will be issued to PAPs after title deeds have been issued and compensation funds disbursed to PAPs accounts. PAPs who fail to remove their structures after compensation and expiry of the 3 months' notice, the County Government of Kakamega will demolish structures on te road reserves 10.5 Gender Empowerment Initiatives Gender inclusivity was one of the principles guiding this ARAP which was considered in all the activities undertaken in this ARAP. To enhance gender equality and inclusivity, deliberate initiatives will be undertaken during ARAP implementation sensitise the community members of Mjini settlement on rights of on women land 55 Table 10-3: Implementation Schedule for the ARAP ACTOR TIME SC HEDULE (Mo nths) PROJECT ACTIVITY 1 2 3 4 5 6 WB RAP Approval Sensitization on title registration and gender KISIP &Chief Registrar empowerment and land ownership Enhancement of Capacity building for KISIP, RIC, Grievance Redress Committee to enable them handle RAP related grievances RIC, KISIP County and RAP Disclosure SEC Validation and Audit of Asset register PAPs, RIC Grievances redress and Resolution SGRC, RIC KISIP, PAPs Sensitization of PAPs on compensation, RIC, County Government, Opening of joint accounts and training and PAPs Compensation/Facilitation and Issuance of KISIP staff, county titles government Notice for Self-Demolition/Movement County Government, PAPs, County Government Self demolition for some vulnerable PAPs). County Government, Local Demolition after lapse of notice period Administration Monitoring and Evaluation KISIP, RIC, WB County 57 I .MONITORING AND EVALUATION 11.1 Introduction KISIP will conduct regular internal monitoring of the Performance of RAP commitment 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 monitor1ng of the ir'suleinit performance through the RIC and the safeguard team. KISIP monitoring team will collect RAP implementation progress data collected on a regular basis and accumulated. It will be then analyzed and presented appropriately and reports shared with relevant institutions like the CGK and WB. 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. 58 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 (mimi)----------------------------------------------- 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 ----------------------------------------- 129 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: --------------------------------------------------------------------------------- 130 APPENDIX 7: GRIEVANCE RESOLUTION AGREEMENT FORM Grievance No:....................................... 1. Complainant's details. Name: -------------------------------------------------------------------------------------------- ID No:-------------------------------------------------------------------------------------- Address: Mobile: ----------------------------------------------------------------------------------- Email: ------------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 2. Complaint Raised 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! - ID No:-------------------------------------------------------------------------------------- Date: ----------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 131 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 Enumerator 0_ Date: Name of ward Name of Location Enu. No: County: Kisumu-KSM Settlement: Nubian - KSM/KLN ZonelD KSM/KLN/Z Block ID -KSM/KLN/Z /BL tructureD KSMIKLN/Z_ /BL_/ / Dwelling-Unih KSM/KLN/Z /BL /PL ST !RM ID SECTION 1: HOUSEHOLD DETAILS AfFNTIMERA D S:MWENV RTIRRESPONDRNTT) 1 Jina la kwanza (First Name): Jina la kati (Middle Name): 3 Llina la mwisho (Last Name): Nambari ya kitambulisho (ID card No! Pin 5 Hali ya Ukaaji (Residents' Umiliki wal 1.............................................. Mwenye ploti (Plot Status) ploti/nyumba Owner) EO 2. Mwenye Nyumba(Structureowner) 132 3. Mpangaji (Tenant/ Occupier) 4.Mwingine (Other) - Kusa- - - --a)- B RESPONDENT'S (PARCEL OWNER'S/ OWNER OCCUPIER'S/ TENANT'S) GENERAL DET misia !1. Mume (Male) (Gender): 2. Mke (Female) 2 a kuzaliwa (Kusajiliwa): Ya fit Year ofbirth rai 11. Raia wa Kenya(Kenyan Citizen) 3 Nationality . Raia wa nchi nyingine (Other Nationz ,kiwa 2. (Raia wa nchi nyingine), t eleze (If2 please specify) 4 Hali ya ndoa Marital status 1. Hajaoa/Hajaolewa(Single) 2. Ameolewa (Married) . Wameachana (Separated) 4. Mjane (Widowed) 5 Xiwango cha elimu Level ofeducation 1. Chuo/Chuo Kikuu(College/Universit 2 Shule ya upili (Secondary) 3 Shule ya msingi (Primary) 4 Shule ya gumbaru (Adult Education) 5. Asiye na elimu (None) .. Elimu nyingine (Other) please specifi C. EMPLOYMENT AND PLACE OF WORK 1. azi (Occupation) 1. Mwajiriwa wa Serikali (Civil Servant) 2. Mwajiriwa wa kampuni ya kibinafsi (E in private sector) 3. Kibaruna (Casual Labourer) . Mwajiriwa wa kibinafsi (Self-employed) 5. Asiyeajiriwa (Unemployed) 6. Mwanafunzi (Student) 7. Kazi nyingine(Others, specify) 2 Mapato ya kila Mwezi 3 Mahali pa kazi 'Place of work) 1. Katika Mtaa huu(Within this settlement) Nje ya Nitaa haau(Outshik iftsyelitenieno) 'If 2, specify D. TRANSPORT AND COMMUNICATION Unatumia namna ipi ya usafiri(Mode of transport1 Gari la kibinafsi (Private car) unapoenda kazini? used to work) -- -o -- (Train) 12. Gari la moshi (Tram) 3 Matatu/ Basi (Bus/ Matatu) . Pikipiki (Motor cycle) 5. Baiskeli (Bicycle) 6. Kwa miguu (Walking) 7.Usafiri Mwingine (Other mode of transport lkiwa 8. (Usafiri mwingine), tafadhali ele: 133 please explain) Settlement Roads [s the road leading to The road is tarmacked (Imewekwa lami) our house paved? The road is not paved (Haijakarabatiwa) The road is graveled (Imekarabatiwa) Others - Specify Nyingineo - eleza) 3. Ni lini hii barabara ilitengenezwa . ............................................. M waka -mara ya mwisho? (When was the uliopita (one year ago) ioad last maintained?) 2. ............................................. M iaka, iliyo pita (two years ago) 3. ............................................. M iaka , iliopita (three years ago) E. HEALTH: SICKNESS AND MEDICAL ATTENTION llnapokuwa mgonjwa 1. Hospitali ya raia (Public hospital) 1. (Where do you seek unapokea matibabu wapi? medical treatmeniL--~-- m 2. Hospitali ya kibinafsi (Private hospital) when sick?) 3. Hospitali ya kidini (Mission / NGO hospital) 4.................................................... M gangaw a mitishamba (Traditional Healer) 5. Duka la Dawa(Chemist) 16. Duka la Kawaida (Shop) i '7. Kuombewa / (Spiritual Healer) 2.Kituo hiki cha matibabu kiko(Where is thisiL 1. Katika Mtaa huu (within this settlement) wapi? medical facilityfl . Nje ya Mtaa huu (Outside this settlement) located?) If 2, specify 3. What is the approximate distance kms to the health facility? 4.Magonjwa ambayo umeugua (Diseases sufered in the last 4 Months) miezi 4 iliyopita 5 1. Malaria 5 Cholera - Kipindupindu 2. TB - Kifua kikuu 6 Respiratory fever - Matatizo ya kupumua 3. Diarrhoea Kuhara 7. Magonjwa mengine (Other ailments) 4 Pneumonia ---Homa ya mapafu HOUSEHOLD DETAILS 1.Jdadi ya watu wanaoishiNumber of familyIMales (Wanaume) Females (Wanawake) wenye hii nyumba (persons) living in this household unit 134 1.Ni mbinu gani zinatumika(What is the main] ................................................. Kumwaga kwa kuondoa maji taka? method of disposing choo (Pour into toilet) waste water?) 2 ................................................ Kuunganishwa kwa mrefeji wa taka (connection to the sewerage) 3................................................. Kumwaga kwa barabara (Pour it into the road (Kurnwaga kwa barabara) 4................................................. Kumwaga kwa mtaro wa taka (Pour it into drain 5................................................. (N yinginezo ---- eleza) Others means - Specify .Do you have you own household Yes No oilet a .If y e s , w h ic h ty p e o f to ile t d o y o u 1 . ............................................. C h o o c h a m aji have (WC/Sewer) 2 . ............................................. Tenki ya kinvesi (Septic Tank) 3.............................................. Choo cha shimo (Latrine) 4.............................................. Choo malumu (VIP) 5.............................................. C hoo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. pleas explain) If N o , h o w d o y o u d is p o s e o f 1 . ............................................. C h o o c h a J a m ii your waste (Public toilet) 2. ............................................. Toilet shared b many households 3. ............................................. Kichaka (Bush) 4. ............................................. Kinvesi kwenye plastiki (Flying Toilet) 5.............................................. Choo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. please lexplain) 6.Methods of emptying (Mbinu za kupunguzaWhich methods are used to empty the septic tank o kzjaa ki4a Ghoo) osak pit. (1Tiugani zinatumika) 1.............................................. L ocal coun authority (Serikali ya kaunti) -- -- 2. ............................................. H ired privat worker (mtu wa kuajiriwa) 3.............................................. Manual methods (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 1 W h a t ty p e o f w a s t e d o y o u 1 . .. .. .. .. . .. . ... . .. .. . .. .. .. .. ... . .. .. ... . .. . .... . P l a s ti c s dispose? 2. ................................................. Plastic Bags 3. ............... Paper 136 4 . ................................................. M etals 5. ................................................. K itchen W aste 6. ................................................. W ood 2.jHow regular is garbage collected?(Mpangilio wal ................................................. Weekly (Kila kukusanya taka) wiki) 2................................................. Every other 2 weeks (Baada ya kila wiki mbili) 3................................................. O nce a m onth (Mara moja kwa mwezi) 4................................................. N o regular collections (Hakuna mpangilio wakila wakati) 5................................................. others arrangements (Mpangineo mwingine eleza) Jf 5, specif ... .... 5 JUnatupa taka wapi? (How do you dispose 1. ................................................. Inachukuliwa na your solid waste serikali ya kaunti (collected by the county authorities) 2 ................................................. B urying in the compound (Kuzika kwa shamba) 3.................................................. O rganized private collection system (Kuchukuliwa na watt binafsi) 4. ................................................. B urn g in the compound (Kuchoma kwa shamba) 5. ................................................. D um ping into the compound (Kumwaga kwa shamba) 6. ................................................. C ollected by system run by a CBO (Kuchukuliwa na chama chajamii) 7. ................................................. A ny other method ff 7, Specify 6 How regular is garbage collected? 1................................................. W eekly (Kila wiki) 2................................................. Every other 2 weeks (Baada ya kila wiki mbili) 3................................................. O nce a m ont (MVum/ u flmuz 4................................................. H akuna mpangilio wakila wakati (No regular collections) 5................................................. M pangineo mwingine eleza (others arrangements) If 5, Specify HOUSEHOLD INCOMES AND EXPENDITURE (MAPA TO NA MA TUMIZI YA NYUMBA) 1. Jjia ipi ile inakupatia(W hat is the main source I. ................................................. Permanent napato ya nyumba of incomefor thei Employment household?) 2. ................................................. B sn s 1iousehold?) 2.. Bu s i n e s 3. ................................................. C rop Fanning 4. ................................................. Livestock Keeping 5. ................................................. C asual Labour 6. ................................................. O ther If 6, Specify 137 2.1(Mapato ya familia kwa(What is the monthly trnwezi ni shilingi ngapi?) income for theKshs household?) 3-Matumizi ya fanilia kwaWhat is your nionthlyltem Amount wezi m oja ni kiasi gani? h iousehold expenditure on: I.................................................... (Chakula)Kshs ----------- 2.................................................... R ent (K odi ya numba)Kshs 3.................................................... U safiri (Transport)Kshs ------- 4 ............................ ....................... N guo (Clothing)Kshs---- --- - 5.................................................... O ther Expenses (Matumizi mengine) a................ Kshs b . .............. Kshs 0 ............. Kshs d. ........... Kshs STRUCTURE OWNERSHIP SECTION 2: BUSINESS DETAILS Business details 1. Jina la Biashara Name of the business 2. Una Leseni yaDo you ha a ........................................... Ndio (Yes) Biashara Business licence? 2 ................... . (No) Aina ya biashara 3 B usiness A ctivity/B usiness T ype i .e................. . . ...................... Supam aketi (Aina ya Biashara) (Supermarket) 2. ...................................................D uka la jum l (Wholesale shop) . ...............................................D uk la rejarej (Retail shop) 4 .................................................D uka la vifaa (Hardware) 5. ...................................................M itu m ba (Secondhand clothes) 6. ...................................................D uka la nyam a (Butcher) 7. ...................................................K ibanda cha vyakula (Food kiosk) 8 ..................................................D uka la m boga (Green grocer) 9 ....................................................m w zaji m akaa (Charcoal dealer) 10...................................................Fundi w a viatu (Shoe cobbler) 11.U...........s i (Tailoring) 12 ...........8ali p 138 kutengenezanywele(Hairsalon) 13....................................... ............U um bi w filamu/Maktaba ya video (Video show!Video librai-y) 14...................................................B aa (B ar) 15........... ....................................V ifaa kuukuu (Secondhandgoods) 16.. .Batte charging) 17 .T-. - Telephone bureau) 18 . ....... .r................. Biashara nyingine (Other commerial) !Idwa 18 eleza (ff18 please spec - ---- -- - Signature of the Enumerator: ID No.: Phone: Name of Field Supervisor: Signature of the Field Supervisor: 139 APPENDIX 10: MAP OF AFFECTED ASSETS /Mjini Proposed LPDP with Affected StructuresN Legend Proposed LPDP Plot Existing Structures Transportation Networ Settlement Boundary o M501 141