MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) KAMBI SOMALI INFORMAL SETTLEMENT Based on LOCAL PHYSICAL DEVELOPMENT PLAN (2016-2025) KAKAMEGA COUNTY a(fe Sida 0 ~ AGENCE FRANCAISE 4 THE WORLD BANK MDtVELOPPEMENT Prepared By wit KAMBI SOMALI ARAP REPORT AUTHENTICATION Report Prepared by: Signed ... ...................... Date. ... 7. J. .. . NAME OF RAP SPECIALIST: Andrew 0. Gesicho( GEODEV (K) IMEITED LAND & ENGINEERING SURVEYORS, PLANNING & , ENVRONMENTAL, CONSULTANTS. G 4 Y ww l P. 0. Box 14066 - 00100, NAIROBI. Checked by: Mobile: 0712 151 779 Checkd by:Albid House, 2nd Floor Mombasa Rd. Full Name o thorized Representative: Signed ...... . ........ D ate............................... NAME OF REPRESENTAIVE ICT IN JOINT VENTURE WITH GEODEV (K) LIMITED Client Signed........ ........................... ... ... N ne . . ...... ...................... . .............. - KISIP - COORDINATOR MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT 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 Discussions GOK: Government of Kenya GPS: Geographical Positioning System GRC: Grievance Redress Committee IDA: International Development Association KISIP: Kenya Informal Settling Improvement Project KSHs: Kenya Shillings LPDPs Local Physical Development Plans M & E: Monitoring & Evaluation MCA: Member of County Assembly MDGs: Millennium Development Goals MoTIH&UD: Ministry of Transport Infrastructire, Housing and Urban Development NEMA: National Environment and Management Authority NLC: National Land Commission NSUPP: National Slum Upgrading and Prevention Policy OP: Operational Policy PAP: Project Affected Person P 1: Project Coord1natitfg leam 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 SOK: Survey of Kenya SPSS: Statistical Package for Social Sciences UTM: Universal Transverse Mercado 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. 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 restncted 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. from one parcel of land to a different parcel of land (within the settlement) due to the planning and 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 stmectffes, in an area and of the quality similaor to or better than that of the affected structuires at market rates without depreciation. Resettlement Action Plan (RAP) or Resettlement Plan is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, planning and survey activities including demarcation of roads leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPS contain specific and legal 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 V 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. Squatters are those who have extended their settlements into Government lands and have no formal right or claim to the portion of the lands. 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, Person Living with Disabilities (PLWD) indigenous people, ethnic minorities or other Project Affected Person who may not be protected through national land compensation legislation. vi EXECUTIVE SUMMARY Background The Kenya Informal Settlements Project (KISIP) is a five-year project of the Government of Kenya (GOK) with support from the World Bank, through The International Development Association (IDA), the Swedish International Development Cooperation Agency (Sida) and the Agence Frangaise de Development (AFD). The overall project development objective of KISIP is to improve living conditions of people living and working in informal settlements in slums in fourteen (14) selected counties, by improving security of land tenure and investing in infrastructure based on plans developed in consultation with communities. Kakamega County is among the selected counties targeted to benefit under KISIP. Given rapid urbanization, the county has witnessed growth of a number of informal settlements. Therefore, two settlements namely; Kambi Somali and Mjini were selected for tenure regularization. This Ressettlemnt Action Plan (RAP) report concerns Kambi Somali Informal Setlement, one of the stlements under KISIP intervention. Kambi Somali Background Information. Kambi Somali Informal Settlement is located in Shieywe Location, Bukhungu Sub location within Lurambi Sub County within Kakamega Township 500m west of the Central Business District (CBD). The settlement is approximately 3.06 Hectares of land and is located on a public land owned by Kakainutga eouirty. Ktnirbi Suld has 3F7 pepl b2tedoens s~u~rvey eandeeted in Junce 2016 A "' 1 a density of 126 persons per Hectare. The female population is 52.3% while male forms 47.7%. It houses approximately 161 households with average household size of 2.4. Before KISIP intervention there was PDP which was prepared in 1996 and a survey plan prepared in 2001. Although some plots were surveyed, none of the surveyed plots were registered and the survey plan was not authenticated by Survey of Kenya (SOK) because of poor extension controls that were used. The PDP had 52 plots and the survey plan had 81 plots which necessitated the preparation of the new LPDP. This survey plan had 3 public utility plots; 1 belonged to Magharibi community where a meeting hall is built, 1 to the mosque and the third to the public primary school. All the residents (81) have letters of allotment. Of these 85 beneficiaries, 53 are male owned, 21 female owned, 3 are public utility and 4 are co-owned'. KISIP intervention of Planning and Surveying in Kambi Somali settlement will benefit 85 beneficiaries owing 81 plots, out of the total plots 21 are owned by female, 53 are owned by male, 3 are public utilities and 4 are co-owned. Implementation of the new LPDP will necessitate road re-alignment which will affect structures that had encroached on the 1996 PDP road reserves thus requiring their removal. Therefore, several road alignments with cross sections ranging from 6 meters lane to 10 meters have been proposed based on adoptive planning standards and projected future demand for both physical and social infrastructure services. The road re-alignment will therefore affect 37 PAPs as detailed in PAPs diagram in figure 1.1 below. The cumulative length of the proposed road is 13,000 meters. This Resettlement Action Plan (RAP) 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 RAP has been prepared to conform with Kenya's policy, legal, procedures and institutional arrangements that govern response to and resolution of displacement impacts. Also, the report is in line with the provisions of World Bank's Safeguard Policy OP 4.12 on Involuntary Resettlement, which requires that an RAP be prepared for all projects that will cause both physical and livelihood displacement of people. 'The co-owned plots are owned by 8 beneficiaries vii 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 37, from this total male PAPs are 21 and female PAPs are 15 and one institution as detailed in PAP diagram Figure 1 below. PAP Diagram - _______________Institution 1 Figure 01: PAPs Diagram Further, among the total number PAPs 20 PAPs (10 male, 9 female and 1 institution) will loss structures with affected institution (Private Primary School) partially losing stone fence while 13 FAPs (11 male and 2 female) will lose business livelihood. Also, 17 PAPs who are tenants comprising of 11 female and 6 male with 1 vulnerable. Public Consultations Initial public consultation was done with various stakeholders at different planning stages. A total of six (7) meetings were held during planning for the Kambi Somali settlement upgrading. The meetings were attended by representatives of National and Kakamega County Government, KISIP County Government representatives; Community members, SEC, chief. Besides planning issues, RAP related issues emerged and were also discussed including declaration of cut-off date of 10' September 2016 in the planning meeting of 1st September 2016. At the RAP stage, one meeting was organized on 51 June 2018 with the PAPs where specific issues that related to them were discussed. The issues included; impacts of the development on assets, entitlement and related compensation; demolition issues such as institutions responsible, serving of notices and salvaging of the materials; and timing for compensation. Mitigation Measures Mitigation measures for adverse social impacts identified in this RAP 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 remove the affected asset and the right to salvage materials. (ii) Loss of Rental Income: PAPs are entitled to three months' self-demolition notice for the affected structure to enable them get alternative accommodation and a two month cash grant equivalent to average income. (iii) Loss of Business: Affected businesses will be given one month cash grant 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 5000 one time shifting allowance. Residential tenants will be given two months' rent refund. And in addition both viii TABLE OF CONTENTS LIST OF ABBREVIATIONS iii DEFINITION OF TERMS iv EXECUTIVE SUMMARY vi TABLE OF CONTENTS x LIST OF TABLE xiv LIST OF FIGURES xv 1. INTRODUCTION 1 1.1 Background 1 1.2 Kambi Somali Informal Settlement 1 1.3 KISIP Intervention in Kambi Somali 3 1.4 Objective and Scope of this 2. LAND TENURE REGULARISATION AND TITLING PROCESS 6 2.1 Introduction 6 2.2 Community Sensitization and Planning Phase 6 2.3 Preparing the Base Maps 7 2.3.1 Identification of Perimeter Boundary 7 2.3.2 Mapping of Structures 7 2.3.3 Preparation of Digital Maps 8 2.3.4 Socio-economic Survey 8 2.3.5 Topographical Survey 8 2.4 Base Map Preparation 8 2.4.1 Preparation of Existing Land Use 9 2.4.2 Preparation Proposed Land use 9 2.4.3 Selection of Suitable Development Option 10 2.4.4 Proposed Infrastructure 11 2 4 5 Preparation of Final LPDP and Development of a GIS/LIS Platform 11 2.5 Preparation/ Updating of Survey Plan 12 2.6 Safeguarding the Settlement from Land Grabbing 14 2.7 Issuance of Titles and Compensation 14 2.8 Sensitization on Security of Tenure 14 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 16 3.1 Introduction 16 3.2 Supporting Principles 16 3.3 World Bank's Safeguard Policies 1 3.3.1 OP 4.12 Involuntary Resettlement 1 3.4 Comparison between Kenya Legal Framework and World Bank 2 4. APPROACH AND METHODOLOGY 4 x 4.1 Introduction 4 4.2 Literature Review 4 4.3 Stakeholder Consultation 4 4.4 Census and Socio-economic Survey 5 4.4.1 Cut-off Date 6 4.4.2 Survey Process 6 4.4.3 Analysis of Surveys and Studies 6 4.5 Valuation of Assets and Livelihoods 7 4.6 Inventory of Vulnerable Groups 7 5. PUBLIC CONSULTATION 9 5.1 Introduction 9 5.2 Objective of Consultative Meetings 9 5.3 Public Participation Schedule 9 5.4 Community Meetings and Summary of Issues Discussed 10 6. IMPACTS AND MITIGATION MEASURES 13 6.1 Introduction 13 69 Positive Tmpact 13 6.3 Tenure Regularization 13 6.3.1 Infrastructure Improvement 13 6.3.2 Improved Housing 13 6.3.3 Improved Environment Condition 14 6.3.4 Advancement of Women Rights to Property Ownership. 14 6.4 Negative Impacts 14 6.4.1 Type and Number of Structures 14 6.4.2 PAPs Losing Structures 16 6.4.3 PAPs losing Livelihood 16 6.4.4 Tenant PAPs 17 6.4.5 Institutional PAPs I I 6.4.6 Impact on Vulnerability 17 6.5 Mitigation Measures 17 7. SOCIO ECONOMIC 19 7.1 Demographic characteristics of PAPs 19 7.1.1 Gender and Marital Status of PAP 19 7.1.2 Average age of PAP's household heads 19 7.1.3 Educational Levels 20 7.2 Economic Situation 20 7.2.1 Income Sources 20 7.2.2 Income Levels 21 7.2.3 Monthly Expenditures 21 LX 7.3 Access to Infrastructures 23 7.3.1 Type of Toilet Owned 23 7.3.2 Solid Waste Disposal Method 23 7.3.3 Main Water Source for the PAPs 24 7.3.4 Mode of Transport 25 7.4 Diseas Prevalence 25 7.5 Vulnerability 25 8. ELIGIBILITY AND ENTITLEMENTS 26 8.1 Determination of Eligible PAPs 26 8.2 Cut-off Date 26 8.3 Mode of Compensation 26 8.4 Entitlement Matrix 26 9. GRIEVANCE REDRESS MECHANIS 28 9.1 Introduction 28 9.2 Grievance Redress Institutions/Structure 29 9.2.1 Settlement Grievance Redress Committee (SGRC) 29 9.2.3 Law Courts 30 9.3 Grievance Procedures 30 9.3.1 Procedure of Grievance Redress 30 9.3.2 Efectiveness of the Grievance Redress Mechanism 31 9.4 Monitoring of Grievance Resolution 32 10. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION 33 10.1 Introdution 33 10.2 Disclosure and Compensation Payment 36 10.3 Notice of Demolition 36 10.4 Gender Empowerment Initiatives 36 10.5 Compensation Protocol 36 10.6 The Project Cost 37 10.7 Implementation Schedule 37 11. MONITORING AND EVALUATION 39 11.1 Introduction 39 11.2 Objectives of Internal Monitoring 39 11.3 Responsibility 39 11.4 11.4.1 Performance Monitoring 40 11.4.2 Impact Monitoring 41 11.5 Monitoring Indicators 41 11.6 External Monitoring and Evaluation 42 xii 11.7 12. CONCLUSIONS AND RECOMMENDATIONS 44 12.1 Conclusion 44 12.2 Commitments 44 APPENDICES 45 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) 46 APPENDIX 2: MINUTES FOR ARAP VALIDATION MEETING FOR KAMBI SOMALIINFORMAL SETTLEMENT. 47 APPENDIX 3. CUT-OFF DATE DECLARATION 54 APPENDIX 4. CENSUS CHECKLIST 59 APPENDIX 5: COMPLAINTS FORM FOR PROJECT AFFECTED PERSONS 59 APPENDIX 6: GRIEVANCE ACKNOWLEDGEMENT FORM 61 APPENDIX 7: GRIEVANCE RESOLUTION AGREEMENT FORM 62 APPENDIX 8: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE 63 APPENDIX 9: CHECKLIST FOR FOCUS GROUP DISCUSSION 76 APPENDIX 10: MAP OF AFFECTED ASSETS 77 xiii LIST OF TABLE Table 21: Stakeholders Cosultations and Engagement Meetings 6 Table 22: Proposed Land Use 9 Table 31: Legal and Policy Provision in relation to Resettlement 1 Table 32: Comparision Between OP 4.12 and GOK laws on Involuntary Resetlement 2 Table 51: Public Participation Schedule 9 Table 52: Summary of Issues Raised During Consultative Meetings 10 Table 53: PAPs Asset register Validation Meeting Meeting. 11 Table 54: Table on Outcomes of PAPs Meeting 12 Table 61: The Affected Structures 14 Table 62: The Extent of the Impact 15 Table 63: PAPs Losing Structures 16 Table 64: PAPs losing Livelihood 16 Table 65: Tenant PAPs 17 Table 66: Institutional PAPs 17 Table 67:Mitigation Measures for Negative Impacts 17 Table 71: Marital Status of the PAPs 19 Table 72: PAPs Education Level 20 Table 73: PAPS income Source 21 Table 74: PAPS Income Levels 21 Table 75: Monthly Expenditure on Rent 22 Table 76- Monthly Expenditure on Food 22 Table 77: Monthly Expenditure on Transport 22 Table 78: Monthly Expenditure on Clothing 23 Table 710: Solid waste disposal methods 23 Table 711: Monthly Water Cost 24 Table 712: Main Mode of Transport 25 Table 713: Disease Preference 25 Table 81: Error! 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Table 101:RIC Composition 33 Table 102: Organizations with Responsilities for ARAP Implementation 33 Table 103: Implimentation Cost 37 Table 104: Implementation Schedule for the ARAP 38 Table 111: Monitoring Plan 40 Table 111: Monitoring Parameters and Indicators 41 xV LIST OF FIGURES Figure 01: PAPs Diagram vii Figure 11: Location Map of Kambi Somali 2 Figure 12: Kambi Somali 1996 PDP Before KISSIP 4 Figure 13: Kambi Somali 2001 Survey Plan before KISIP 4 Figure 21: Kambi Somali Perimeter Boundary Map Showing Existing Landuse 7 Figure 22: Proposed Land Use 10 Figure 23: Kambi Somali Approved LPDP with Affected Structures 12 Figure 24: Proposed Kambi Somali Informal Setlement Scheme LPDP 15 Figure 41: ARAP Preparation Approach and Methodology 8 Figure 51: PAPs Meeting in Progress 12 Figure 61: PAP Diagram 14 Figure 71: PAPs Aged Distribution 19 Figure 72: Waste Water Disposal Methods 24 Figure 73: Water Source 24 Figure 91: Steps involved in GRM 32 Figure 101: Stakeholder Engagement Strategy 35 XV 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 and infrastructure; supports implementation of settlement 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 Kambi Somali Informal Settlement Kambi Somali Informal Settlement is located in Shieywe Location, Bukhungu Sub location within Lurambi Sub County within Kakamega Township 500m west of the Central Business District (CBD). The settlement is approximately 3.06 Hectares of land and is located on a public land owned by Kakamega County. Kambi Somali has 387 people based on census survey conducted in June 2016 with a density of 126 persons per Hectare. The male population 52.3% while female is 47.7% of the total number of residents. The settlement houses approximately 161 households with average household size of 2.4. Kambi Somali was established about 118 years ago when Somalis from Somali land and Arabs from Yemen moved into and settled in the area. The immigrants came into the area in pursuit of economic activities. Having been welcomed by the local administration, immigrants made themselves comfortable in the area and initiated business of buying and selling livestock, hides, skins and mining gold in Roastman area in Kakamega town. 1 This settlement has an existing PDP which was prepared in 1996 and approved. The PDP only covered some part of the settlement but not the entire settlement with 52 beneficiaries and land tenure was not secured. In 2001 survey was conducted in the settlement and as per the survey plan there were 8 lplots. The residents settled in accordance to this survey plan prepared in 2002 where 81 allotment letters were issued to the beneficiaries based on the survey plan but the survey plan could not be approved by Director of Surveys because of poor extension controls that were used at that time. The settlement is located on public land and has an existing PDP which was prepared in 1996 and a survey plan prepared in 2001. Although some plots were surveyed, none of the surveyed plots was registered because the survey plan was not authenticated by Survey of Kenya (SOK). The survey plan was never authenticated because of poor extension controls that were used. This survey plan had a total of 81 plots with 3 being public utility plots (1 belonged to magharib community where a hall was built, 1 to the mosque, 1 to the public primary school) and 4 were co-owned.. There was need to re-plan the settlement to avoid anomalies and distortions that will arise when developing the settlement and at the same time provide required access to the plots... Figure 1 below illustrated a location map of the settlement. - C TION MAP OF KAMBI SOMALI INFORMAL SETLEMENT Kambi Soal, SetMnt Trunk Road County Boundry Kakamega Sub Counties ftSettlement xgure 1: Locationl Map of Kamiu Sumali The income of residents of Kambi Somali is low as established during socio economic survey and averages about Ksh 15,000.00- 25,000.00 per month. The main economic activities in the area include: small scale business dominated by retail shops selling mainly household foodstuffs, green grocer kiosks operators; butcheries; tailoring, salons and beauty boutiques, cyber cafe and casual workers in construction. 1.3 KISIP Intervention in Kambi Somali The previous PDP which was officially endorsed by the Director of Physical planning (DPP) on May 296 1996 (Figure 2) and a survey plan prepared in 2001 (Figure 13); provisions for physical infrastructure such as drainage, water and sewerage could not be implemented until tenure regularization was concluded. 2IW- KISIP component 2 on enhancing tenure security led to preparation of a new LPDP that is envisaged to provide full security of tenure, required space for infrastructure upgrading and also promote sustainable land use. The previous PDP had been overtaken by time and events hence this new intervention. The preparation 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, Validation of the LPDP by the community, Approval of the LPDP, surveying and beaconing. Through these steps, Kambi Somali Informal settlement has been planned to be upgraded into a sustainable, integrated and locally-appropriate settlement 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 Kambi Somali Informal Settlement which was not undertaken during the preparation of the previous PDP. The tenure regularization intervention necessitates reclaiming wayleave from those who had encroached. Several road alignments with cross sections ranging from 6 meters to 15 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 of displacement impacts. The road re-alignment to accommodate the required infrastructure facilities resulted in impacts on people's livelihoods and structures. A total of 37 PAPs consisting of 19 structure owner PAPs, 17 tenant PAPs and 1 institution will negatively be impacted by this program. Figure 2 below illustrates the PDP of Kambi Somali Informal Settlement prior to KISIP intervention. Thus, to mitigate these impacts, it was imperative that ARAP be prepared based on the approved 2018 LPDP which identified the encroached sections of the road wayleaves and truncation points within the SeiLdlenti whichl witt be mcfaiied. Mll measurs were wken to otinimize the advwos@ imPpacts and enhance project beneficial impacts. The minimizing of negative impacts was achieved through restricting access roads in the LPDP within earlier designated road reserves as per the earlier plan prepared in 1996 as well as adoptive planning approach. Figure 2 and Figure 3 and below illustrates the PDP of Kambi Somali Informal Settlement prior to KISIP intervention. Figure 2: Kambi Somali 1996 PDP before KISIP 0S -11TR ,, OF .~- t~j . ' ' A E - )~U 4 ~ ART t t K '.4E or' T. PqC<~ ~ '~-1 q4 K . 1.4 Objective and Scope of this ARAP The main objective of this ARAP is to identify and quantify all losses to people's (including vulnerable persons) assets, and sources of livelihoods as a result of the implementation of the new and approved 2018 LPDP for Kambi Somali. This ARAP has provided for applicable mitigation measures for the project activities in conformity with the -GOK legal provisions and the World Bank OP 4.12 Policy on involuntary resettlement. The following are the tasks were conducted during the assignment. . Community mobilization and sensitization of stakeholders in close collaboration with, KISIP National and County FCT and elected commnity representative-,- * 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 37 PAPs identified in the settlement who were affected by planning and survey activities undertaken by KISIP Component 2. 4 2. LAND TENURE REGULARISATION AND TITLING PROCESS 2.1 Introduction The surveying, planning and tenure regularization exercise in Kambi Somali Informal Settlement started with stakeholders and public awareness, consultations and engagement on 111 May 2016. The objectives of the exercise was community organization and mobilization, identification and delineation of settlement boundary, preparation of Local Physical Development Plan (LPDP), and issuance of title deeds to the beneficiaries in the settlement. Community sensitization 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 Kambi Somali. This was aimed at informing the public, Kambi Somali community and relevant stakeholders about the anticipated planning exercise and surveying of Kambi Somali Informal Settlement. The schedule ot the meetings held is summarized in Table 21 below. Table 21: Stakeholders Consultations and Engagement Meetings No Date enue Type of Meeting A General Stakeholders Consultative Meetings Conducted 1 23nd June 2016 Magharibi Women Entry Baraza at settlement Hall Kambi Somali 2 3"d August, 2016, Social Hall, 1St Technical Stakeholders Workshop Kakamega Town (participatory planning) 3 4 August, 2016 Community Hall 1st Community Stakeholders Workshop Kambi Somali (Community Visioning) 4 1st September 2016 Technical Meeting Cut- declaration meeting 5 1 9d, September, Magharib Social 2nd Technical Stakeholders Workshop 2016 Hall Kambi Somali (participatory planning) 6 20dh September, Magharib Social 2n Community Stakeholders Workshop 2016 Hall Open Ground (Verification of Beneficiaries) Kambi Somali 7 2nd December 2016 Community Hall Public Baraza for Cadastral Survey & ID ground, Kambi Distribution _______________ Somali_________ ____________ B PAPs Meeting 1 5h June 2018 Magharib Social PAPs meeting for Validations PAPs register Hall Kambi Somali and discussions on entitlement matrix 5 2.3 Preparing the Base Maps The preparation of the base maps involved several steps as explained in the following sub-headings. 2.3.1 Identification of Perimeter Boundary In the settlement, the assignment began with identification of perimeter boundary with the assistance of the community, members represented by (Settlement Executive Committee (SEC) and County officials. The perimeter boundary of Kambi Somali 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 and was approximately 3.06 Ha. The community was involved through a series of public awareness meetings to discuss the boundaries and give comments. After this exercise, the next step was to map all the existing structures. Existing land use map of Kambi Somali settlement is provided as Figure 2-1 below. Kambi Somali Informal Settlement Kakamega County Approximate Area = 3.06Ha - -- egend Settlement Boundary 2.3.4 Socio-economic Survey Socio-economic survey, mapping of the settlement and its habitat was then undertaken and the end result of the assignment was: * Identified, enumerated and verified list of beneficiaries; * List of all existing structures within the perimeter of the settlement; * Details of use and nature of the structures; * Lists of numerated structure owners and tenants and their households; * Issuance of the identification cards to the enumerated persons. 6 2.3.5 Topographical Survey It is imperative that the horizontal accuracy of the base map matches that of the cadastral surveys which was carried out upon completion of the planning process. In order to ensure such accuracy, control points indicated on the acquired survey plans were searched for and recovered. The recovered control points (Iron Pins in Concrete Underground) were used to establish new controls (IPCUs New) for use in topographical surveys as well as subsequent cadastral surveys. In the absence of a nearby national benchmark, one of the control points was given an arbitrary elevation as datum for height observations. Both Real Time Kinematic (RTK) GPS and Total Stations equipment were used in carrying out the topographical survey The following features were surveyed: buildings, existing roads, lanes and pathways, trees, power lines, drains, water points and any other natural or man-made feature pertinent to the project at hand. Contours were generated at lm intervals. Slope rises from the northern to the southern part of the settlement. 2.4 Base Map Preparation The culmination of the above steps was to enable prepation of the base map which would later be used for the subsequent physical planning of the settlement. A digital base map of Kambi Somali Informal Settlement was prepared based on the overlaying of: a) Existing PDP; by Existing and authenticated surveys wiltn Te settlement; c) Existing surveys which have been submitted to Director of Surveys but are not yet authenticated; d) Structure location data; e) Topographical features; f) Contours. Transect walks with SEC members enabled verification and delineation of the settlement boundary and also to identify open spaces and public assets. The overlay and ground truthing enhanced the correction of incoherence between the draft LPDP and ground situation with some of the road network without truncation or part of the reserves occupied. 2.4.1 Preparation of Existing Land Use The existing land use was mapped based on topographical survey conducted. The base map was then taken to the field for validating plot level land nse including the following- residential use rnmmercial 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 used 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. 2.4.2 Preparation Proposed Land use After analyzing the existing land use of Kambi Somali, the proposed land use was carried out considering the ground situation and future status of the settlement as a high rise residential estate. Table 22 and Figure 22 below shows the Proposed Land use types. 7 Table 22: Proposed Land Use Proposed Land Use Area (Ha) Percent (%) Area Residential 0.86 28.1 Educational 0.11 3.6 Public Purpose 0.74 24.2 Commercial 0.31 10.1 Mixed Use 0.37 12.1 Transportation Network 0.67 21.9 TOTAL 3.06 100 Kambi Somali Informal Settlement' Proposed Land Use Legend Settlement Boundary ILand Use Residential -7 Public Purpose Comimecial -Mi"ed Usc TransportatlionNwr k -i. 0K0i I 0 t" Figure 2-2: Proposed Land Use 2.4.3 Selection of SlAitahle Desvelopment Option3 The following three development options were explored for Kambi Somali informal settlement: Re-planning 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. Re-planning Option 2- Ideal Situation: The ideal option assumes to create the ideal condition of development by embracing adoptive planning in the settlement. Adoptive planning ensured plot accessibility is achieved at the same time minimizing displacement impacts. Re-planning Option 3- Practical Situation: This option assumes the all-round development of settlement considering the ground situation in terms of what is feasible and what is not feasible. This option also give due consideration of community sensitivity about the development. 3This was guided through community participation during the visioning process 8 After analyzing the key features of 3 different options, the option 3 has been selected for Kambi Somali because of the following reasons: * All the plots in the settlements have been allocated to the beneficiaries and there is no extra land for allocation. However space for public utilities as indicated land use map figure 2.2 is available and the title deeds for the institutions will be issued to the County Government. The road reserves are narrow in the settlement, however, through adoptive planning, accessibility to all plots was achieved. * Through adoptive planning, the wayleaves and road reserves for infrastructure services have to been provided, this was achieved through consultation with the community members at all stages of planning. * Under the selected scenario 3, there will be delay in achieving the minimum road width. However, the LPDP has provided for development control to be implemented by Kakamega County, through this initiative easement width will be achieved through easement surrender by beneficiaries planning to develop. The LPDP has been planned based on the assumptions of Scenario 3 (Adoptive planning) and adequate provisions have been made for all types of infrastructure and services. Thus, a new 2018 LPDP has been prepared to update the current 1996PDP. 2.4.4 Proposed Infrastructure The infrastructure proposal of each sector was planned based on the existing gap and the future gap. These sectors include: Way leaves for Transportation Network, Water Reticulation, Sewer Reticulation, Storm Water drainage, Solid Waste Management, Street Lighting, and Fire Hydrant. 2.4.5 Development of a GIS/LIS Platform and Preparation ol Fina 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/information already listed previously, the following info was included in the GIS/LIS system: a Parcel numbers and their areas; * Beneficiary/owner and particulars thereof; * Title references; * Land use; * Topographical data; * Thematic data. The core objective of KISIP component 2 is to regularize the settlement and ensure land tenure security by refining its layout in terms of way leaves 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 way leaves for future infrastructure services development. * Enhancing non-motorized and pedestrian circulation and providing free access to all the plot in the settlement; * Improving local economy and living standard; * Integrating the settlement plan with town plan; and * Facilitating processing of lease hold titles. L9 a. Final Development Plans Preparation Before the submission of the final LPDP, SWOT analysis was undertaken. It involved reshaping and concretizing the vision for the LPDP with involvement of identified stakeholders as well as restating the goals and objectives of the LPDP where found necessary. Key activities undertaken at this stage included: * Further verification of land ownership details; * Alternative planning scenarios and concepts developed; * GIS Mapping of plan proposals; * Formulation of alternative development models; * Stakeholders presentation and invitation of public comment * Selection and revision of most preferred model; * Development of Strategies/Concepts for various LPDP components. b. Approval and Gazettement of the Final Local Physical Development Plans The revised final plan of the preferred models was completed and presented to the Community for validation. Once validated by the community, the plan was presented to the County Government for invitation of public comments. The law requires that at the 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 Plan, which will then become the legal documents guiding and controlling development within the settlement. This plan was approved in November 2018 (Figure 23) and is now inforce to guide development of the settlement and every person shall comply with it. Kambi Somali Informal Settlement APPROVED LPDP Figure 23: Kambi Somali Approved LPDP with Affected Structures 10 2.5 Preparation/ Updating of Survey Plan a. Collection of Existing Survey Plans and other Data Survey Data was obtained from the Director of Surveys (survey plans for neighbouring surveyed properties) to be used as the datum for the new survey. Survey controls will act as the datum for the new survey. b. Selection of Locations for Establishment of New Survey Control Points Locations were selected for establishment of new control points throughout the project area to serve as framework for the new cadastral survey. All the selected control points' locations were inter-visible from one another. These controls (IPCU) were monumented using a cantered Y12 twisted bar (275mm) in concrete (200 x 200 x 300mm deep). c. Theoretical Computation Using the approved development plan theoretical were computed which resulted in coordinates of the corners of the boundaries of the informal settlements as well as the new sub plots. The theoretical were computed with strict adherence to the survey regulations. These theoretical were then used in the subsequent placing of the corner beacons of the individual properties. d. Establishment of New Survey Ground Controls by Traversing Using "1" reading Total station, traverse(s) starting were placed and closing on the identified existing survey ground controls/corner beacons. The traverse(s) observations were adjusted as per the Survey Manual and more specifically using Bowditch method. An accuracy of not less than 1: 10,000 were maintained. The traverse(s) were reduced so as to obtain the horizontal (X, Y) coordinates. The reduction were from the known corner beacon and closing to the other known corner beacons. A list of coordinates for the traverse points were then obtained. e. Placing/ Re-establishment of Property Corner Beacons From the computed distances and bearings, the positions of the settlement's land Corner beacons was established and any of the missing ones replaced (as per The Survey Act, Cap 299) depicting the boundary of the property. This was done by occupying the already coordinated traverse points with a Total Station, making orientations before placing the beacons depicting the property boundary. Using the same process of occupying the already coordinated traverse points with a Total Station and making an orientation and adequate checks, all the corner beacons of the sub-plots were placed to their correct positions. Adequate independent checks was administered throughout the placing exercise to ensure that the correct data is being placed and that it is in line with the approved development plan. f. Showing of Property Beacons to the individual landowners After placement of the corner beacons for the properties, the beacons shown to the beneficiaries who after acknowledging signed the beacon certificate. The members of Settlement Executive Committee were present helped in this process. 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. 11 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 Kambi Somali settlement. The RIM show all the surveyed plots with their unique plot numbers and will be accompanied by an area list showing the acreage for each plot surveyed. The director of surveys will then sign and seal the RIM if satisfied that it meets the requirements of the existing survey regulations. 2.6 Safeguarding the Settlement from Land Grabbing During the planning, surveying and identification of of beneficiaries in Kambi Somali Informal Settlement, land grabbing 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 project area makes residents/users of the same area eligible to be categorized as PAPs in case 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 un-known people benefiting unfairly. 2.7 Issuance of Titles and Compensation The issuance of titles will be the next process in this tenure regularzation process. Ifus will be concurrent with the payment of facilitation/compensation to PAPs so as to encourage them to move and clear from the road reserves. 2.8 Sensitization on Security of Tenure KISIP and Land Registrar will undertake more community sensitization on land title deeds to make sure that members understand the range of opportunities that come with them. Community sensitization meetings will be a continuous activity to raise awareness and educate women on their rights to land and property and decision making. The role of LCB in regulation of land transaction and how it safeguards women land rights will be a part of sensitization. Specific sessions will be designed for women, and women-specific awareness campaigns rolled conducted as well as campaigns explaining other relevant laws with regards to women's land and property rights. 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 mnay be willing to put theit 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. Note that Kambi Somali Settlement residents will be issued with leasehold 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 beneficiary. 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 12 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 already approved as shown in Figure 23 below was created with the aim of tackling urban decline and to improve quality of the built environment and quality of life. Proposed ambi Somali informal Settlement Scheme Kakamega County 13 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 ARAP 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 Kambi Somali Informal Settlement. The planning and tenure regularization will trigger impacts on people's assets and sources of livelihoods, however, land acquisition is not envisaged as it is public land and most structures are placed on the road, furthermore no one's land (as currently held) will be lost or reduced as a result of this project. There is therefore no 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 * Continuous 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 31 below 14 i ��v�� boo .� ��,� � � �_..а � 'и � ' р '��' и �+ 's"' ед и 'д .t] i:+ _ . ° С� ° � �, bA уbЛ О. гр ,д � .U О � 4-+ у сб � пt ••-� ° С"" й b � U у,� � 'С7 с�б .� �~ � с°д й � 'б N � о•� � �• Q м V •и еб о '��' •р 'С . ... р„ .,,, и ° ❑ 'L7 _ � � ,L�..' ° и а� � � � и � b4 , � ° и N � р, ,� ° �,,, �О ° ° ° сб г`"у �� � й� й � у � �� о � '� . 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Q �c •�, м с U О �+ О � о N N Ф и о G� х Q W � � V v а О � � r°-� й� �� t с �- r. а Q д, �. _ и о � а '�'�' �¢ sи.. ёб v� ёд о а V �� � о � .� � � •� О � •О О й •О у VрΡ N � � � � v ы W U �z i•' � ед �,О 00 � Е � у•� ,� � � �� у й•� с) N С,) �`1 � Е .� � •� .С � .� � с".з 3 � � а й .� fн v .� с�'i s о HQ �t7 Е-�а Н �¢о� Но,�А¢¢Н¢ r� L L 仁 匕 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 Abbreviated 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. Anrnrding tn OP 4 19 ' nn3A Wnrld R%;nlc nggigted prnji-rtj pragram M11Qt COMD14& uJith the VM'Idginng nf OP 4.12 for impacts associated with displacement. In relation to KISIP, this policy covers direct economic and social impacts that both result from World Bank assisted projects, and are caused by: (i) relocation or loss of shelter; (ii) loss of assets or access to assets and services; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Table 32 below provides a comparison of World Bank OP 4.12 and Kenya Land Act 2012 on resettlement provisions, a gap filling measure has been proposed for gaps identified. 19 3.4 Comparison between Kenya Policy Legal Framework and World Bank OP 4.12 on Involuntary Resettlement A comparison between Kenyan Laws and The OP 4.12 is illustrated in Table 32. 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 provisions in the OP 4.12 will prevail". Table 32: Comparison Between OP 4.12 and GOK laws on Involuntary Resettlement WORLD BANK OP 4.12 KENYAN CONTEXT GAP FILLING 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 structures will not be considered Adopt World Bank eligible for facilitation or resettlement OP 4.12 policy assistance. FACILA IAI'UN/CUlyweA AtlN aidi me 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 valuing assets, if the residual of the asset being taken is not economically 20 viable, compensation and assistance must be provided as if the entire asset had been taken. Recommends 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 STRUCTURES With regard to houses and other Valuation is covered by the Apply the structures, it is the market cost of the Land Act 2012 and stipulates, as World Bank materials to build a replacement already mentioned, that the OP4.12 structure with an area and quality affected person receive just valuation and similar to or better than those of the compensation but it is not compensation affected structure, or to repair a specific of the exact amount or measures. partially affected structure, plus the procedures on the same. cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. PROJECT INFORMATION DISCLOSUEAND CONSULTATION The resettlement plan or resettlement Article 35 of the Constitution Adopt both The policy framework includes measures to and Section 96 of the County World Bank OP ensure that the displaced Government Act, 2012 provide 4.12 and Kenyan persons are forthe right to access of information. laws (i) informed 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 resettlement alternatives; or protection of any right or undamental freedom Displaced persons should be The Land Act outlines procedures Implement meaningfully consulted and should for consultation with affected consultation have opportunities to participate in population by the NLC and procedures as planning and implementing grievance management procedures. outlined in both resettlement programs, the policy is Kenyan lgislation particular on involving vulnerable and and World Bank. marginalized as well as women in the For involvement of process vulnerable and The policy also provides for public women, the OP disclosure of information related to the will be applicable Project during such consultations , 21 4. APPROACH AND METHODOLOGY 4.1 Introduction The preparation of Kambi Somali RAP was guided by KISIP Resettlement Policy Framework (RPF). The RPF highlights participatory approaches and methodology for the preparation of RAPs studies and key components to be included in the RAPs e.g. provision of socio-economic baseline information, policy, legal and institutional framework, grievance redress mechanism, public consultation, census of Project Affected Persons (PAPs) and assets, entitlement matrix, implementation schedule, budget, and monitoring and evaluation. A variety of methods and approaches were applied to ensure that all eligible PAPs were duly identified for compensation and supported for livelihood restoration based on verifiable socio-economic and demographic information collected through census and socio-economic Survey as well as formal and semi-formal discussions. Correctly identified, structures and assets impacted by the project were identified and the ownership information digitized for future reference. 4.2 Literature Review Some of the documents reviewed include: . Kenya Vigion 7030 which is a comprehensive national development plan for the period 2008 to 2030. * KISIP Ressettlement Policy Framwork (RPF) 2014 provided a framework for the intervention for social impacts arising from any KISIP project. The resultant impacts necessitated preparation of this RAP report to guide the mitigation of socio-economic impacts. * Socio Economic Report for Kambi Somali 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 emphasizes on their participation in the exercise of the powers of the state and in making decisions affecting them. The engagement of stakeholders has been continuous from project inception, during planning and will continue to inplementation and die Post inipkinulation phase. Ths public participationl i a fulfillment of the constitutional requirement. In addition, World Bank stipulate that any displaced persons should be provided with timely and relevant information, and offered opportunities to participate in planning, implementing and monitoring the resettlement process. Initial public consultation was done with various stakeholders at different planning stages. A total of five (6) meetings were held during the planning for Kambi Somali Informal Settlement upgrading. The meetings were attended with representatives from the National and County Government, KISIP County Government representatives; Community members, SEC, chief and PAPs. Besides planning issues, RAP related issues emerged and were also discussed including declaration of cutoff date of 10' September 2016 in the planning meeting of 1st September 2016. At the RAP stage, one meeting was organized on 5' June 2018. The issues included; impacts of the development on assets, entitlement and related compensation; demolition issues such as institutions responsible, serving of notices and salvaging of the materials; and timing for compensation. 22 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 inlfuiliationl. * Types / categories of affected assets, * Construction materials used, * Use of the assets; * Ownership of the assets, * Livelihood losses; and * Vulnerable persons affected by the proposed project interventions; * PAP's personal information. The social economic tool focused on the following social aspects: * Average age of the PAPs; * Gender; * Education levels; * Disease prevalence among PAPs; and - Income and expenditure levels. After training, the survey tools were subjected to field testing with enumerators piloting tools in pairs with the guidance of the project valuer and the consultants. The asset register and the social economic tools that were used for data collection are attached to this report as Appendix 1 and 8 respectively. During the 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 World Bank OP 4.12 describes the cut-off date as the date of start of the socio-economic survey/census and asset inventory of PAPs. During the consultative meeting with the community, the cut-off date of 1 O' September 2016 was declared in the planning meeting of 1s' September 2016. 23 4.4.2 Survey Process PAPs census and socio-economic survey was conducted at 100% between 91, and 101 September 2016. The data collection methods included use of self-administered questionnaire, formal and informal interviews with PAPs. During the census, survey assistants with the help of SEC members confirmed authenticity of Project Affected Persons (PAPs) and registered them using the register consisting personal details, structure number and asset ownership details and a unique serial numbers attached to respective assets. The PAPs were also required to provide copies of their IDs and related plot ownership details. 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 ARAP 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 was based on replacement cost computed from the total effort for putting up a similar structure in terms of labour, transportation and building materials (floor, wall, roof type, finish and labour input) which was valued at full replacement cost without factoring depreciation. The replacement cost principle was used to arrive at the total cost. Loss of Rental Income was calculated as cash grant equivalent to average income of PAPs for two month. In addition, they will receive KSHs 5,000 onetime cash payment shifting allowance. Loss of business livelihood will be compensated as 1 month cash grant equivalent to I month income, KISIP 24 Resettlement Policy Framework provides for two weeks cash grants which is inadequate to restore PAPs business. The tenants PAPs will be entitled to two months payable rent allowance and KSHs 5,000.00 one time shifting allowance. In addition all PAPs will receive a three months' notice prior to demolition activities. 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 was only one female vulnerable PAP with spinal cord injury that resulted in one side of her body being paralyzed. The vulnerable PAPs will receive additional support as provided in sub section sub section 6.5 table 6.7. The Figure 41 below Summarized Census & Socio-economic Survey Approach and Methodology Literature Review of ARAP/ Socio- economic relevant Stakeholders Consultative Meetings Cut-Off Date (when the surveys were concluded Census Survey /Inventory Socio-Economic Survey preparation for PAPs Profiling Valuation of Affected Assets of PAPs iA Reort Figure 41: RAP Preparation Approach and Methodology 25 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 the settlement while other County Government staff consultative meetings were held at County Government of Kakamega (CGK) Offices. 5.2 Objective of Consultative Meetings The consultative meetings were intended to achieve the following objectives: a) To disseminate information to stakeholders to avoid misunderstandings about the proposed project/development that would derail project implementation; b) Involvement of the PAPs to ensure their views and concerns were adequately addressed prior to RAP implementation; c) Determination of genuine PAPs, anticipated project impacts on their assets and livelihoods; and their involvement in key processes of census and social economic surveys; I) To discuss entitlement and adequaLe compensation fot affrfted USS&S aS puvidl l 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 Kambi Somali Informal settlement was conducted as indicated in the schedule summarized in the Table 51 below. Table 51: Public Participation Schedule Type of Stakeholder Who Date Objective of the Meeting Meeting Participated Entry barazas * National 23rd Parties agreed to work jointly to ensure Uovernment June 10ibl objective is achieved and residents representatives, 2016 of Kambi Somali acquire the security of * County Government tenure representatives, * SEC, consultant * Community members. 1s' Technical * Area MCA, 3 Settlement boundary was confirmed by the Stakeholders * Representatives of August SEC and consultants. workshop the National and 2016 County Government, * Consultants * SEC members 1st Community * National and Kericho 4' The LPDP was validated and community technical County Government, August requested for fair process to meet stakeholders * Consultant, 2016 aspirations of the residents The residents workshop * Chief requested for inclusion of community K 26 * SEC, facilities that were cut off by the perimeter * Community member boundary. 2nd Technical * Cutoff declaration 1St Community accepted the findings of social meeting meeting Septem mapping, environmental and social ber screening 2016? 1St Community County Government, 1t The cutoff date of 101 September 2016 Stakeholders KISP, Consultants and Septem was declared in this technical meeting of workshop SEC members. ber 1st September 2016 2016 Finalize the list of beneficiary during public stakeholder consultation on 20 September 2016. 2d Kakamega County 20t Finalize the list of PAPs Community Government Septem Community accepted the findings of social Stakeholders representatives, KISIP ber mapping, environmental assessment. workshop National Government 2016 Vision for the settlement formulated. representatives, Consultant, SEC and community members. RAP report Representatives of KISIP 5t June The emerging RAP related issues were Validation National Government, 2018 resolved Meeting consultant, SEC and PAPs confirmed their details in asset PAPs. register and accepted the entitlement matnx 5.4 Community Meetings and Summary of Issues Discussed The whole process of planning and surveying was highly consultative at all levels of the process e.g 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 7 meetings were conducted at different stages of the planning phases. The initial five meetings were conducted during pre-planning and planning phase during which topographical, general socio-economic baseline survey and mapping were discussed. At this stage, RAP issues emerged. The process had been continuous since project inception to the current and will continue in entire project cycle. On the other hand, one PAPs Meeting that targeted only PAPs was held in which issues related to RAP were discussed in detail and the Asset Register validated. Breakdown of meetings conducted for various stakeholders is shown in Table 52 below. Table 52: Summary of Issues Raised During Consultative Meetings Metting Dat Participants Key Issues Response Session e Stake M Fe T holders al mal ot e e al Entry baraza 23' National 3 4 36 Status of land The settlement is not June Government 2 tenure in the surveyed and therefore 201 representative settlement the reason for KISIP 6 s, component 2 planning County and survey with the Government end objective of representative regularizing the s, settlement. 27 SEC, consultant community members. Office of 3 rd MCA, 2 8 29 Change of plot SEC to confirm Chief in Aug representative 1 ownership for whether sale was Kambi ust s of the plot No. 20 undertake and if in Somalilnfor 201 National and through sale disputed the case is mal 6 County referred to SGRM for Settlement Government, Wrong contacts resolution Consultants for the and SEC beneficiaries and members other errors i.e. Plot Nos. Right contacts were received and other correction done after the meeting 1st 4t National and 4 17 59 Beneficiaries County Government to Community Aug Kakamega 2 with allotment authenticate all the Mobilization ust County letter for same cases and give a meeting in 201 Government, plot resolution so that they Mjini 6 consultant, are included in the chief and Ownership beneficiary list SEC, PAPs verification and - - doumontc Pria;ously imsued community Allotment letter and member __ _ _ _ID Technical 1st National and 3 24 10 Community By closely working meeting Sept Kakamega 4 members wanted with SEC and the emb County to how land community to identify er Government, grabbing will be genuine land owners, 201 consultant, safeguarded from sensitization and cut- 6 chief and speculators off-date declaration SEC, PAPs and community member Technical 181h County 2 2 27 PAPs on the Affected PAPs will be Stakeholters Oct Government, 5 ROW claimed facilitated so that they meeting. ober KISP, approval of their can relocate the Board room 201 Consultants impacted structures from the of Chief 6. and SEC structures by road reserve. office Lands members. CGK Kericho County Variation of plots All structures on the measurements marked area will be compensated and PAPs will be given 3 months self- demolition notice Surveyor to put beacons and correct noted anomalies 2nd 19t Kakamega 4 19 55 What if there is a KISIP has provided a Community Oct County 5 dispute on plot GRM structure upon ober Government ___ ownership 28 Meeting/Wo , representative which such cases will rkshop 201 s, KISIP be referred 02" August 6 National 2016 Government Chief camp representative Kambi s, Consultant, Somalisettle SEC and ment. community members. In addition to the consultative meeting, a meeting was held with PAPs on 51 June 2018 for validation of PAPs Asset Register. During the meetings, some RAP related issues such as Entitlement and compensation; ownership of assets and validation of PAPs register emerged and were addressed as summarized in the Table 53 below. Table 53: PAPs Asset register Validation Meeting. Meetin Date Participants Key Issues Response g 1 F Tota Session PAPs 5"t Representatives of 9 6 15 Structures on road PAPs will be facilitated. Asset June KISIP National reserve Registe 2018 Government, PAPs will be given notice to r consultant, SEC and Relocation of undertake self-demolition and Validati PAPs. PAPs salvage materials. on Meetin Impact on sections PAPs will be given partial g of permanent compensation if structure is structures still reusable Table 54 presents details of the issues specific to RAP that were discussed during PAPs meetings. Table 54: Table on Outcomes of PAPs Meeting Sr. Emerging issues Responses 1 Position of developments in The structures on the road reserve will be self-demolished the road reserve after compensation and the PAPs allowed to salvage materials 2 Dimensions of affected Dimensions of all affected structures and related ownership structures details had been documented I Organization to undertake All PAPs will be given time to salvage the materials after demolitions self-demolitions 4 Impact on sections of The PAPS will be entitled to full compensation on affected permanent structures part if residual is re-usable. 6 Continuous construction on Construction after cut-off-date will not be considered for road reserve compensation 7 Order of demolition and After Facilitation a notice of self-demolition will be issued facilitation after which PAPs will undertake self-demolition and salvage of materials 29 Figure 51: PAPs Meeting in Progress 30 6. IMPACTS AND MITIGATION MEASURES 6.1 Introduction Although there was no Loss of Private Land in the settlement since Kambi Somali Settlement is public land, there was minimal loss of land size for road expansion and reticulation services thus structures were affected. This loss was minimized through adoptive planning and the beneficiaries were sensitized and consulted on the need to have adequate access for provision of title deeds and to be possible leading to Validation and endorsement of the Plan at the community level Therefore, KISIP component two involved surveying for road realignment and tenure regularization of the settlement. However, the implementation of the approved 2018 LPDP will occasion both total and partial loss on structure's mostly fences and some temporary houses which will in turn affect sources of livelihood. Majority of assets affected are semi-permanent houses and temporally structures such as stalls for roadside vendors affected as a result of reclaiming the wayleave. 6.2 Positive Impacts Planning and surveying will lead to regularizing security of tenure which will lead to improved basic infrastructure such as water, waste collection, storm drainage, electricity, security lighting. Other indirect benefits will include incentives to community in terms of management and maintenance of community facilities such as health centres and community centers. Specific benefits are summarized below. 6.3 Tenure Regularization Although some plots were surveyed in Kambi Somali, none of the surveyed plots were registered and the survey plan was not authenticated by Survey of Kenya (SOK) because of poor extension controls that were used. Therefore, KISIP approach to settlement upgrading was an innovative way to implement Tenure Security to allow all plot owners get legal land rights. Issuance of title deeds will bestow ownership to holders and ensure security of tenure. With security of tenure the owners will motivated to develop their plots, increases in land values and house rent, access to credit, access to housing infrastructure, increase in high-rise 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 Kanibi Suiali. Th~isif lso ena1be th deveclop11mt of other f&eilities sueh as sewerge 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 It's envisaged that with security of tenure the land owners in Kambi Somali Informal Settlement will be motivated to invest in better and modern residential houses because of security and ease of accessing loan facilities. With improved housing conditions and security more people will move into the area to settle either for business or residential. This will have a ripple effect 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 31 problems. There will be better opportunities for other infrastructure development e.g. sewer lines and piped water and social facilities such as hospitals, schools and Mosques/churches because the area will attract middle income earners. 6.3.4 Advancement of Women Rights to Property Ownership. Through continuous sensitisation on the rights to women to own property and also encouragement of joint spousal ownership, 21 females out of the total 85 beneficiaries will own title deeds to land parcels. This is a positive initiative towards enhancing women right to land ownership in Kenya. 6.4 Negative Impacts The total number of PAPs are 37, from this total male PAPs are 21 and female PAPs are 15 and one institution. Further, from the total PAPs, 20 PAPs consisting ofl9 PAPs (10 male and 9 female) and 1 institution will loss structures while 17 PAPs are tenants comprising of 11 female and 6 male with 1 female vulnerable. Thirteen (13) PAPs (11 male and 2 female) will lose business livelihood. This information is detailed in Figure 61 below. PAP Diagram -n-titution 1 Figure 61: PAP Diagram 6.4.1 Type and Number of Structures"o Majority of the affected structures in this settlement were built recently without regards to the way leaves as provided by 2001 survey plan. Most of these buildings are in good condition and some have not been occupied. These structures will be affected by the proposed road way leaves as a result of the approved LPDP. For the LPDP to be implemented and land title given to the residents of Kambi Somali, 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 61. Table 61: The Affected Structures Affected Structures Number Rental House 3 Retail Kiosk Rental _f_- - Main House I Pit Latrine/Toilet 1 Commercial House-Timber Yard 1 Commercial Storey-Building 4 Retail Kiosk Owner 1 Perimeter Wall 6 Gate 4 Farm House 1 Store 1 Fence 2 Verandah 3 Classroom 1 TOTAL 30 o Map of affected assets is provided as appendix 10 to this report 32 It should be noted that, although some of the structures are partially affected and therefore requiring partial demolition or trimming of the sections extruding into the road reserve to allow expansion of road reserves, they will however be completely be demolished as the residual will not be viable as detailed in Table 62 and Photo plate below. Table 62: The Extent of the Impact Extent of Impact Number Percentage Total Loss 12 40 Partial Loss Residual Usable 12 40 Partial Residual Unusable 2 6.7 Other Structures 4 13.3 Total 30 100 Typical Examples of Affected Houses in Kambi Somali Informal Settlement 6.4.2 PAP/Is Losing Structures The total number of PAPs losing structures are 19, out of which9PAPs are female and 10PAPs are male with 1 institution PAP. This information is summarized in Table 63. Table 63: PAPs Losing Structures Type of Structure Owner Total No of Female Male PAPs Vulnerable PAPS PAPs PAPs PAPs female Male Individual Owner PAPs 19 9 10 0 0 Institutional PAPs 1 n/a n/a n/a n/a L 6.4.3 PA-Ps losing Livelihood The number of PAPs who will lose livelihood are 13 PAPs all of which are structure owners, out of which 8PAPs will lose business all male and 5 PAPs will lose rental income out of whom 2 are female and 3 are male. The types of businesses that were common are general retail shops selling mainly household requirements, green groceries and cereals, boutiques, salon, barber shops and cyber caf6. One storey residential house was deserted and without occupants at the time of the census due land dispute. Detailed breakdown of livelihood are provided in Table 64. Table 64: PAPs losing Livelihood Total PAPs Female PAPs Male PAPs Vulnerable PAPS female Male Business 0 8 0 0 Rental 2 3 0 0 The photograph below present an overview of affected livelihood. The photo indicate typical businesses in Kambi Somali; retail shop, bourtique and beauty shop cyber caf6 among others 34 6.4.4 Tenant PAPs The total number of affected tenant PAPs in the settlement are 17 as detailed in Table 65. Table 65: Tenant PAPs Total PAPs Female PAPs Male PAPs Vulnerable PAPS female Male Residential 6 6 0 1 Business 0 5 0 0 Total 6 11 0 1 6.4.5 Institutional PAPs Table 66 below provides a summary of institutional PAP enumerated in the settlement. a small section of the school stone fence will be affected. This will not disrupt any learning process Table 66: Institutional PAPs Type of Institutions Number Impact Category Loss of Structure Loss of Livelihood Private Primary School 1 1 0 6.4.6 Impact on Vulnerability There was only one vulnerable female PAPs encountered in the settlement with spinal injury and suffering from Mtild p3r-lyiq 6.5 Mitigation Measures Table 67 below provides mitigation measures adopted by this RAP for the negative impacts identified Table 67:Mitigation Measures for Negative Impacts iry of Impact ition Measure Loss of Structures Loss of Structures will be replaced at full replacement cost, the owners will also be given three months' notice to remove the affected asset and the right to salvage materials. Loss of Rental Ince PAPs are provided with three months' notice and a two month cash grant equivalent to average income. Loss of Business They would be given three month notice to vacate. Additionally affected Income commercial businesses would be given one month" cash grants equivalent to average income as a means of facilitation. They will also receive training to enable them to invest their compensation funds better. Loss of Shelter The PAPs residing in main houses will be entitled to KSHs 5,000 one time shifting allowance and three month-notice, while the tenant PAPs would be given two months equivalent of payable rent to enable them get alternative accommodation Vulnerability A vulnerable PAP was identified and inventoried and will be facilitated with KSHs 2,000 per month for two months over and above compensation for impacts loss of shelter. ' However KISIP RPF provides for one week average income which is not sufficient. L3 7. SOCIO ECONOMIC The socio economic survey was conducted at 100% census of PAPs in 90 and 10' September 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 69.4% of the PAPs were males and 30.6% of the PAPs were female. 69.4% of the PAPs were married, 22.2% were single, 2.8% of the PAPs were separated and 5.6% were widowed. More married PAPs explains the reason behind more male PAPs who are the household head who were targeted by the survey. This is in line with patriarchal African family set up in which the male is the head of the family. The marital status of the PAPS is shown on Table 71. Table 71: Marital Status of the PAPs S8ingle 22.2 Married 25 69.4 Separated 1 2.8 Widowed 2 5.6 Total 36 100 7.1.2 Average age of PAP's household heads The average age of the PAPs was 35 with majority (33% ) being 21years, 25% were between 31-40 years, 14% were between 41-50 years and 51-60 years were 11% as illustrated in Figure 71. The largest population 74% of the PAPs were within the productive age that constitute the labour force within the settlement who may be engaged during project implementation stage. Percentage 35 33 30 25 25 20 24 5 O 10-20years 21-30 31-40 41-50 51-60 61-70 71-80 81-90 Figure 71: PAPs Aged Distribution 7.1.3 Educational Levels Among the PAPs, 19.4 % of the PAPs had college/university level of education, 36.1% had secondary level of education, 41.6% had attained primary level of education and 2.9% had no formal education. This implies that 97.1% of the PAPs are literate, can effectively communicate especially in Kiswahili 36 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 72. Table 72: PAPs Education Level College/University 7 19.4 Secondary 13 36.1 Primary 15 41.6 None 1 2.9 Total 36 100 At basic (Primary) level of education there were 45.5% female and 28% male PAPs, at secondary education level there were 60% males and 36.4% female PAPs, at college/ university education there were 18.1% female PAPs and 8% of the male PAPs and 4% 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 36.1%, formsl employment was at 30.5% while 27.7% obtained income from other sources that included crop and livestock farming and support from family members. 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 returns were low, thus tenure security will translate to improvement of housing and business structure hence high rental charges. PAPs income sources are as shown in Table 73 below. 37 Table 73: PAPS income Source Employment 11 30.56 Business 13 36.10 Crop Farming 3 8.33 Casual Labour 2 5.56 Other sources 6 16.67 Livestock keeping 1 2.78 Total 36 100 7.2.2 Income Levels The average income for the PAPs was Kshs. at 12,204.52. The income for a majority of the PAPs, 37.2 % ranged between Kshs. 5001-10,000, 23.5% of the PAPs earned below Kshs. 3,00, 17.6% earned between Kshs. 10,001-20,000, 9.5% earned between Kshs. 20,001-30,000 and between 12% earned between Kshs.30,0001-50,000. 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 74 below. Table 74* PAPS Income Levels Income Level Frequency Percent <=3000 8.47 23.527778 5001-10000 13.4 37.222222 10001-20000 6.34 17.611111 20001-30000 3.45 9.5833333 30001-50000 4.34 12.055556 Total 36 100 7.2.3 Monthly Expenditures Key spending areas by the PAPs included rent, food, transport and clothing as detailed in sub sections below. Majority (25%) of the PAPs spending on rent was Ksh. 500-1000 and 47.2% spent between Ksh. 1001- 3000, 19.4% spent between Kshs. 3001-5000 and 8.3% spent between Kshs. 5001-10,000 monthly on rent which was the hieghest. The ability to pay for decent housing varies among the PAPs and was expensive. Monthly expenses on rent are shown on the Table 75. L3 Table 75: Monthly Expenditure on Rent 500-1000 9 25 1001-3000 17 47.22222 3001-5000 7 19.44444 5001-10000 3 8.333333 Over 10000 0 0 Total 36 100 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 76. Table 76: Monthly Expenditure on Food 500-1000 4 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 Majority 57.1% of the PAPs spent Ksh. 100 1-3,000 on transport and 14.3 % spent between Ksh. 500- 1000, between Ksh. 5001-10,000 and below Ksh. 500 each monthly on food. Therefore the highest number of PAPs 71.4% spent between Ksh. 500-3000 on transport monthly. Monthly expenses on transport are shown on Table 77. Table 77: Monthly Expenditure on Transport 500-1000 17 47.22 1001-3000 9 25.00 3001-5000 5 13.89 5001-10000 3 8.33 over 10000 2 5.56 Total 36 100 Majotity 41.6% ofthe PAPs sperA Ksh. 500 1,000 on clothing while 19.4 %spentbetween Ksh 1001- 3,000 and 11.1% spent Ksh. 3001 - 5,000, 8.3% spent Ksh. 5001 - 10,000 and 11.1% pent over Ksh. 10,000 monthly on clothing. Monthly expenses on clothing are shown on Table 78. 39 Table 78: Monthly Expenditure on Clothing 500-1000 15 41.67 1001-3000 7 19.44 3001-5000 4 11.11 5001-10000 3 8.33 Below 500 3 8.33 Over 10000 4 11.11 Total 36 100 From the above figures, the expenses on all spending areas were high for majority 77% of the PAPs spent between Kshs.500-10,000 in respective spending areas. Food, clothing and shelter are a necessity for live and must therefore be incurred. 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 Owned The method for majority of the PAPS was use of latrine at 58.3% and use of water crochet (WC) was at 41.7%. The latrines are manually emptied as reported by 58.3% of the PAPs, emptied by local authority was 22.2%, latrine never full was at 16.7% and 2.8% spilled waste on the ground. Manual emptying of sanitation facilities ki nt hygitmic Hnwever Rharing 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. Thus the settlement being an urban setting will benefit more from improved sewerage system. 7.3.2 Solid Waste Disposal Method There are various methods used by PAPs to dispose of solid waste within the settlement. They include collection collection by County authorities rated 47.2% wich was the common waste disposal method within the settlement, organized private collection systems at 22.2%, burning was at 11.2%, burying and other methods was at 8.3% each and dumping in the compound was at 2.8%. 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 and 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 710. Table 710: Solid waste disposal methods collection by county authorities 17 47.2 Burying in the compound 3 8.3 Organized private collection system 8 22.2 Burning in the compound 4 11.2 Dumping into the compound 1 2.8 Other methods 3 8.3 Total 36 100 Main method of waste water disposal was by pouring in the drainage rated at 47.2%, 19.4% poured waste water in the toilet and pouring on the road each, 11.2% were connected to the sewer and 2.8% used other methods such as poured anywhere. Waste water disposal methods among the PAPs were not only 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 72. 40 47.2 so 45 40 35 30 3-9.4 25 99.. 20 15 -2.8 1-0 mo- 5 p i pouring on the pouring in the Other Methods rPouring in toilet C edo drainage Figure 72: Waste Water Disposal Methods 7.3.3 Main Water Source for the PAPs The main water source that accessed water to the PAPs w ter aiee l atn Aced water within the house was 24%, outside the house was at 41%, 13% of ste a d water froms ao wrKok tanker at 3% , 5% accessed water from a shallow well, river/ sterea andpl fromh un figuaare 73: sk Wae Sourc .cese 101-50 frmappdw or wtrerm motly named sources each.. A total of 87% of the t ahee ater py ich is safe for domestic use. However, there were other water sources such than e otr e quality was not safe for domestic use. The water sources used by the PAPs are as shown IVer/Str earn ShallowV Wells piped Water No water Water-Tanker Water KIosk piped water outside the house 3 piped wa ter wIthin" the house 0 10TO0 25 3 Figure 73: Water Source 1150frwtrmnhy Majrit ofthePAP at36.1% paid less than Ksh. 100, 25% paid Ksh.1-50frwtrmnhy 27.8%oid ofh 501-1000 and 11. 1% paid over Ksh. 1000 monthly for water. During the FGD, it was repotedwit imrovd security Of tenure, the housing will also improve from semi'eIiaett rpraenwth uingpanovAe will resort to rain water harvesting and will therefore not pay for water. permanenll ousertir onthl AP enditur~es In addition, it is anticipated that the upgrading of the sttleme will brxtei copniedly ipOvemntlu water supplY a"id in return lower the cost of water andprooteaccssto afewatr.The monthly Payment for water is tabulated as shown i 1ai 1 Tablen 71: Monthly Water Cost KOver 1000 O Total 3 7.3.4 Mode of Transport .6 oftepywawaknan364 usdmorclssth The main mode of transport for 63.6 ftePP a akn n 64 sd~tryl5a h St ~main mode of transport. and,11% of the PAPs used Matatu I/bus, 10% bicycle and 1% used Private car as a mode of transport. Walking was tedious and at no cost, motorcycle was cheaper than using matatui 41 as or raSpo~ ajoit ofth PAS ref'rd to walk rather than pay some fr rmoepitt h other as their daily activities are within the settleet(al 1) Table 712: Main Mode of Trans ort 8.3 3 19.4 private Car e7 27.8 Bus/Matatu 10 38.9 Motor Cycle 142. Ote modes 36 Total 7.4 Disease Prevalence at 61.1%, other ailments were at sicks 8.3% un cdintions at a 1% S did not suffer any sickness 4 PAPsg cope witP of va d s waked ated to poor hygiene practices such ase fens eprtr necin te,wsatiue water and poor monthse beforthe surey The presence o aiddsa qios rnigusf aewtrb dmpn g of th e survey that souraged breeding of noig desn esn unt housiog c od aogsthr.Sc conditions would require promtn cest aewtrb PPcoped with hygiene training. orahtehat aiiy 7 alls Cop AIs8%o h s walked 2-5kmltorah th heltfcilted7 coveed etweli0 1kilnleer o rech he ealh fcilty.Som ofthe health facilities wereloae or theetleme whi was at 9a li. soe io settlement. Regardless Of the distances involved, tolheuals e otrea e esta of in ths behavior and go to healthcare services (Table 713). Table 713 Dise "refere.1 other aihnents 6 100 Not sick 36 Totalon 7.5Vuneabii e EF niteability assess' esbeudra ustained duiga sar accdn As requited bY suffrinfro p-- aralysis as u n1 ee r aciitation and support. 8. ELIGIBILITY AND ENTITLEMENTS 8.1 Determination of Eligible PAPs The affected persons, irrespective of their 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'of 10' September 2016. This cutoff date was declared at the beginning of the project as per the OP 4.12. 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 surveying (ii) People whose business or sources of livelihood will be affected. (iii) Tenants who reside in structures that will be totally affected. (iv) Vulnerable PAP 8.2 Cut-off Date The cut-off date of 10th September 2016 which was the beginning date of census was communicated during the planning meeting held on 1st September 2016 with the County Officials, SEC members and PAPs representatives and through notification on circular. After this meeting there was door to door sensitization of the PAPs regarding the cutoff date. Residents were informed during the public consultative meetings that the exercise of taking census of the project affected persons and the socio- economic survey was to start on 10' of September 2016 and all those engaged in any activity within the proposed area should be available for listing. New developments after the cut-off date will be ineligible for compensation. Also during PAPs consultative meeting held on 5' June 2018 in appendix 2, cutoff date was explained further as well as discussion on RAP issues. 8.3 Mode of Compensation For assets and livelihood sources that will be be affected by planning and survey, cash compensation option will be adopted owing to its flexibility and applicability and accountability. For 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 their loses depending ot the eategery ef PAs impaeted as indieatd in Tabl 81. 43 Table 81: Entitlement Matrix Type of Loss PAP Category Entitlement A. Loss of Structures Fully Affected Squatters W Cash compensation at replacement cost without Structures/ depreciation. Partially Affected * One time shifting allowance of ksh 5,000. Residual not viable * Right to salvage residual materials. * 3 months' notice for Self demolition. Partially Affected Squatters * Cash compensation of the affected part at replacement cost but residual Viable for affected portion without depreciation. * 25% Repair Cost of the affected part based on the current market rate for labour and materials to be used - Right to salvage residual material. * 3 months' notice for Self demolition.. Tenant * Housing allowance for 2month equivalent of rental value. * One time shifting allowance of kshs. 5,000. Loss of Income Business Operators - Cash grant equivalent to one month average income * 3 months signed notice to be given PAPs to find alternative business premise. Loss of rental- Subsistence allowance equivalent to 2 months rental income income * 3 months signed notice Others Vulnerability A vulnerable PAP was identified and inventoried and will be acilitated with KSHs 2,000 per month for two months over nd above compensation for impacts 44 9. GRIEVANCE REDRESS MECHANIS 9.1 Introduction Grievances are inevitable at any of the stages of the project cycle, from Design Preparation, Implementation and Post implementation Phases. An established grievance mechanism provides a way to avert delays in project implementation, offers PAPs an effective avenue for expressing concerns and achieves remedies and promotes a mutually constructive relationship. A well-functioning grievance mechanism: i. Provides an acceptable, 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 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 ot the Msclosed ist of PAPs due LO recoidilig OLwiS l plUpaiatiun of PAN 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 Kambi Somali 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 Complainit Fnrm he introdued and should be dully filled by the involved parties. Therefore, this RAP has identified procedures that will enable affected people to lodge a complaint or a claim without cost and with the assurance of a timely and satisfactory resolution of that complaint or claim in which case, dialogue will always service. The different levels are further discussed under the section of procedures as indicated below. 9.2 Grievance Redress Institutions/Structure Complaints resolution for a majority of PAPs would be most appropriate if undertaken at the local level for convenience in terms of time and cost. In addition, the GRM proposed should be credible and acceptable to PAPs for acceptability of resolutions made thereof and therefore the proposed structures fulfills such aspects and are well guided by KISIP RPF. The grievance redress structure will comprise of two committees- Settlement Grievance Redress Committee (SGRC) and RAP Implementation Committee (RIC). The PAPs will report the grievances to the SGRC which is the lowest committee that shall be constituted and will operate within the settlement. The aggrieved PAPs will launch their complaints through the SGRC secretary either 45 verbally or in writing. The complaint will be logged and the committee will convene to resolve the complaint to the satisfaction of the complainant. If the matter cannot be addressed to the satisfaction of the complainant within the prescribed period, the complainant may refer the issue to RIC and if the issue is not resolved to the satisfaction of the PAP, the complainant has the right to seek redress from the Court of law. The Grievance Redress Structure (GRS) is as discussed below: 9.2.1 Settlement Grievance Redress Committee (SGRC) A Settlement Grievance Redress Committee (SGRC) will be established at initial RAP implementation phase. During RAP disclosure, the PAPs will be sensitized on proposed GRM structure and redress seeking process. The community will be called upon to propose 3 SEC members in a meeting forum for transparency who have been committed and actively involved in project activities. In addition, they will also select 2 other members- 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 23 members. The committee will consider grievance reports forwarded to it from the Settlement Grievance Redress Committee and make a determination. In addition, it will be resp nsib le fer nteniteriitg e emplaits. Sine e iffplmzBAticn R--- f RAP is a joeint resp easibility b etwe aa 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 * Head of component 3 * Environmental and social safeguard specialist * Community Development specialist * 3 members from Component 2 - Surveyor, land administrator and valuer * Engineer * KISIP Finance Officer From the County * County KISIP Coordinator who will be the chairman, * Community Development Officer * County Environmental Officer * Representative from enforcement department * Town Administrator * SEC chair person 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 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. 46 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 ot the recommended action by tfhe agreed date. lo verify satisfaction of the complainant, the aggrieved person will be approached by the secretary to ensure that the resolution has been implemented. A signature of the complainant will be obtained and recorded in the grievance register. If the complainant is not satisfied with the verdict, the matter is referred to RIC. Step 5: Action by RIC If the complainant remains dissatisfied, RIC will meet at county level. The matter will be deliberated upon and appropriate decisions will be made. Documentation will also be done at this level. The RIC has 14 days to resolve the grievance. The resolution reached will be communicated through SGRC secretary who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied, however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. This process will require to be disclosed extensively though sensitization meetings with PAPs and individual meetings as well as disclosure in prominent places. Pamphlets on the grievance process being displayed in prominent places like the Area chiefs Office. At the level of SGRC and RIC, GRM has proposed average resolution time of 28 days upon registration of the grievance 47 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 Effectiveness 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: o Roles of the committee and the process of GRM o Conflict resolution, mediation and reconciliation, o Record-keeping, o Report-writing The training will be undertaken prior to commencement of RAP implementation, by the KISIP social safeguards team. * The SGRC and the RIC will make monthly reports on the progress in addressing grievances e.g. grievances received and handled, * The committees at all levels will maintain records such as grievance registers, minutes of meetings, and correspondences, for reference and monitoring. 48 9.4 Monitoring of Grievance Resolution At both, SGRC and RIC, regular progress monitoring of grievances filed will be undertaken, grievance status and actions taken and recommendations/resolution will be constantly checked to ensure satisfaction of the complainants and thus averting project implementation delays. The SGRC specifically, will monitor and track grievances, assessing the extent to which progress is being made to resolve them, and submit (monthly) grievance resolution reports to RIC. RIC will also prperae reports for the KISIP Coordinator. Figure 91 indicates GRM procedures and Turn around resolution Period Complainant satisfied with outcome Final close out Complainant satisfied with outcome Gnievance processmng by RIC (14days Figure Error! No text of specified style in document.-l: Steps involved in GRM 49 * Procure and supervise consultants for Social Assessments. * Build the capacity at all levels to implement the RPF. * Supervise RPF implementation during and after project implementation. * Ensure integration of RAPs into Contract and Bid Documents. * Ensure adequate community participation. 5 KISIP * Validation of assets and PAPs before compensation County Sensitization of PAPs on bank accounts and use of compensation funds Team Monitoring of RAP activities Formation of the grievance redress committee * Capacity building of RAPs committee * Oversight and supervision of rebuilding of structures owned by vulnerable PAPs who need assistance. 6 KISIP RIC * Provide overall leadership in the implementation of RAPs; * Organize the public disclosure of the final RAP; * Confirn 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 Kakamega * Part of the GRM County * Validation of assets and PAPs before compensation YIVP T o-::: Fo 9:ation of the giece ro:r::: committee * Capacity building of RAPs committee - Sensitization of PAPs on bank accounts and use of compensation funds * Monitoring of RAP activities * Oversight and supervision of rebuilding of structures owned by vulnerable PAPs who need assistance. 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. * Provide assisting the vulnerable to reconstructs their structures 9 SGRC Receiving, filing and resolution of grievances at the grass-root level 51 1� �� �^ г � 1+� й � 3 с И с т 'с и � т 7 и т а' = Ё д Е у Е д о ш'9 о ш Е 1 о 7 С = с ' с Е с� Й~ � й� й Е v� и Е � й Е ,� ш а и в=.. т у • а С N ы t � й � О - у n � 3 о'�. а ои. � - ¢�и ор д а са. °2f ' т I с � Ш О t0 о = �, t i- � � � о о Е -- 3 " О ` > й _ _ 1 ` т ` � � ео С (,о7 �0 _ д ,. � U �"+ , j Ci Ч у д 'О с и �' т OVC 00 й � с v 7 Е д и v `з vхг'� zŭ�¢ � ссйQй � .... � � � , � � � � � R , И t i д и с Е о а о о и й .:. 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Ua� s _ +r '° � °' � с°�i �.. � и �- � +- о о ,О � Q �" ° N �' ед 'С � ы 'ь' _ _ � �" � � р � •t.N, ..°о�.. � � '~ � a�i v о'b b°> +.+ о¢' TS 'С7 о � г/1 v а� � ,г"�, �. � � •о � и о � С р , b � � � • ¢ аиi с°i о . � � �� � �� � � �м+ �" р С ° р С ерб �^ � С G. о� О� С1. U� р й о v,�,� �; а� е� й ь°�• � й д �'о a�i � > � сд W .� V � о 3 о,� ¢ � �,� о�� д р й -о �, �, w о е, о � о +� � v � �.д., � о °а. а°i � °' о � й о ч.. ° и � `� а � � � � 'д ° а � � р й �- о о ° i ��.% � �° у срΡ� � и_ О U сб р и,� � � 'С � � Q � � V tб .� i� tб � [нV .� ° Ф V � О �.; =С р¢`' �� ���а¢. �°����.� �, � � о н0��. о4 й aoWC7�r� >С7й0U oz й А � � . 11.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 ciescTIBEZI In ttie R7W are imp!emenred. (ii) Ensure that full compensation to the eligible project-affected persons is disbursed prior to implementation of the LPDP. (iii) The cash compensation accorded for livelihood compensation is realistically used to reinstate PAPs lost incomes. (iv) Complaints and grievances lodged by project-affected persons are followed up, attended and resolved. (v) RAP implementation procedures are adhered to and suitable changes are made where necessary for efficiency and effective delivery of entitlements to project-affected persons 11.3 Responsibility It is the responsibility of the KISIP to conduct regular internal monitoring of the resettlement 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 iwill be then analyzed and presented appropriately and reports -shared with nelevant iustitutions like theeGK and WB 11.4 RAP Monitoring Plan The RAP Monitoring Plan (Table 111) 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. The details of the monitoring plan are illustrated in Table 111. 56 Table 111: Monitoring Plan Componen Type of Data Source of Data Responsibility Frequency of t Activity Collected collection Methods for Data Reporting Collection, Analysis and Performan Measurement of input Monthly or quarterly MoTIH & UD Semi- ce indicators against narrative status and Project annual/annual as Monitorin proposed time-table financial reports Inplementation may be required g and budget including Team by the Proponent procurement and (MoTIH&UD) physical delivery of goods, structures and services. Impact Tracking Quarterly or semi- Project Annual or more Monitorin effectiveness of inputs annual quantitative resettlement unit frequently as g against baseline and qualitative or contracted required by the indicators surveys external Proponent monitoring (MoTIH&D) Assessment of PAP Regular public agency satisfaction with meetings and other inputs consultation with people affected by the project; review of grievance mechanism outputs Completio Measurement of External Contracted On completion of n Audit outcome indicators assessment/sign-off external auditing the RAP time such as productivity report based on and evaluation table gains, livelihood performance and agency restoration, and impact monitoring developmental impact reports, independent against baseline surveys and consultation with affected persons 11.5 Performance Monitoring Successful project implementation will be achieved through monitoring of performance ot scheduled project activities in order to generate data by which to judge the success or otherwise of a project activities. The data generated will be qualitative or quantitative in nature depending on the parameter being monitored. The data will be collected on a regular basis and accumulated. The Performance Monitoring framework will encompasses: (i) Verifying Internal RAP Implementation Reports from records on: . Payment of compensation including its levels and timing; . Training and other developmental inputs undertaken; . Rehabilitation of vulnerable Persons programs; . Infrastructure repair, displacement or replacement undertaken; . Enterprise displacement, compensation; . Transition support activities and allowances. (ii) Checking for noticeable changes in patterns of occupation, production, and resource use among PAPs will be compared to the pre-project situation. (iii) Checking for noticeable changes in income and expenditure patterns among PAPs will be compared to the pre-project situation. 57 (iv) Checking for changes in cost of living among PAPs will be compared to the pre-project situation (v) Checking for changes in key social and cultural parameters relating to living standards (vi) Checking for changes that has occurred for vulnerable groups as a result of benefiting from the project. (vii) Assessing the type of grievance issues recorded, time taken to resolve cases and the functioning of grievance redress mechanisms which will be evaluated by reviewing the processing of appeals at all levels. These information can be obtained through; * Random samples of affected people will be interviewed in open-ended discussions to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation measures. . Public Consultations with affected people at the community level will be observed. 11.6 Impact Monitoring The project will generate both positive and negative impacts of the project. The monitoring will assess the social aspects of the PAPs that constitute key activities to be undertaken in implementation of RAP. The monitoring programme will reveal changes and trends brought about by the presence and operations of the project. The basic activities for a sound-monitoring programme will address the following parameters: * Changes in livelihood earning, income levels among PAPs a Change in health trends of PAPs * Identification of unexpected environmental impacts 11.7 Monitoring Indicators The following key parameters will be used for monitoring as indicated in Table 111 below: Table 111: Monitoring Parameters and Indicators Parameter ndicator Sensitization o umber of PAP meetings held PAPs ttendance of PAPs meetings disaggregated by gender ype and nature of information shared in meetings Accessibility of meeting venues to PAPs Disclosure of RAP at settlement, on Ministry Website, World Bank website Availability of RAP at settlement and County level Compensation No. of PAPs fully compensated Aount disbursed Accounts opened and active No of PAPs trained on financial management livelihood No. and types of of business initiated or maintained restoration Average income for the PAP Average expenditure Security of tenur No. of Titles issued No. of semi/ permanent housing structures Grievance o. and type of grievances logged in the register Redress o. and type of grievances resolved No. of claims referred to PCT/Law Court No. of trained GRC by gender Community Te number of participants by gender attending community consultative meetings Participation an elated to this RAP Awareness Type of issues raised during pube consultation mee The number of community consultative meeting e 58 umber of participants and level of information communicated. Awareness an wareness about entitlement information Access t vailability and Accessibility of the RAP document on the Ministry's website and th information ank's Info shop Availability and Accessibility of the RAP document at the local level Type of information disclosed to PAPs during each meeting Trainings an Number of trainings held disaggregated by target group and topics! themes discus Capacity umber and type of participants disaggregated by gender Building erception of PAPs on usefulness trainings and issues discussed Vulnerability o. of vulnerable PAPs (gender segre ated) supported ype of economic activities initiated by or for the vulnerable Gender Concern o. and type of grievances and Gender Based Violence raised by either men / women 11.8 External Monitoring and Evaluation External monitoring will be conducted by an independent firm hired by KISP to follow up on project implementation status. The monitoring will involve review of compensation process and RAP implementation provisions requirements with the aim of ensuring that implementation is in accordance with RAP provisions. In addition, external monitoring will involve follow up on complaints and grievance redress procedures to ensure concerns raised by PAPs are satisfactorily addressed in a timely manner. The nhjective of external monitoring and supervision will be to: . To assess overall compliance with the RAP implementation process as provided in this RAP, . To verify that measures to restore or enhance project affected people's standard of living and livelihood are being implemented and to assess their effectiveness; . To assess the extent to which structure and livelihood compensation was undertaken in line with the provisions of this RAP. . To recommend any corrective actions necessary to achieve compliance with the RAP implementation guidelines 11.9 RAP Audit RAP Completion Audit will be conducted after 6 months of RAP implementation commencement. RAP implementation completion is supposed to end after 9 months of commencement. The audit will be to determine whether the RAP outcomes comply with the resettlement policies. The audits will also determine whether the efforts to restore the living standards of the affected population were properly conceived and executed. The audit will evaluate the following: . Verification that all physical inputs committed in the RAP have been delivered and related services offered. . Evaluate whether the mitigation actions prescribed achieved the desired results and identify those that might require further consideration. . Assess changes in social economic status of the PAPs against the baseline conditions of the population before the project. The Completion Audit will be based on documents and materials generated by internal and external monitoring. In addition, auditors will make their own assessments, surveys and interviews in the field and with Project-Affected- Persons. The overall objective of the completion audit is to assess whether RAP implementation was in compliance with Op 4.12 and the Government regulations and whether the resettlement objectives were met; specifically, whether livelihood and living standards have been restored or enhanced. The detailed objective are: . To dialogue with the beneficiaries for their feedback regarding implementation; To assess whether RAP implementation was in compliance with Op 4.12, the Government laws and regulations and best practice; 59 . To ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions . To assess whether the resettlement objectives were met; specifically, whether livelihood and living standards have been restored or enhanced as measured through incomes and standards of living, with an emphasis on the "no worse-off if not better-off' requirement; . To assess the resettlement efficiency, effectiveness, impacts and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation; . To assess the fairness and promptness of the compensation and resettlement procedures as implemented. The following tasks will be undertaken: * Review of the RAP and other project related documents that would be relevant for the monitoring, including various progress and monitoring reports * Review of the grievance list and action taken against those complaints; * Detailed discussions with the SEC team, RIC and PCT . Consultations with some households that were resettled; . Consultations with a small sample of Plot owners/users impacted by and who have registered complaints about the project " Discussions with Government representative from National and county government 60 12.CONCLUSIONS AND RECOMMENDATIONS 12.1 Conclusion This RAP has been prepared in line with the applicable policy provisions of Kenyan Government and the provisions of the World Bank's Safeguard Policy on Involuntary Resettlement (OP 4.12). OP 4.12 which requires that a RAP be prepared for all projects that anticipate displacement of persons including shelter, livelihood and associated impacts. As guided by the stated policies and regulations a PAPs register, asset inventory has been prepared and entitlements matrix prepared for the impacts noted. Further, livelihood restorations facilitation has also been recommended. KISIP's main responsibility is to ensure all PAPs are adequately facilitated according to the recommendations of this RAP and Title deeds issued to all beneficiaries. The implementation tasks will be carried out by KISIP RAP Implementation Committee (RIC) for both at National and Kakamega County level. 12.2 Commitments In order to ensure that this RAP is fully implemented, KISIP binds to undertake the following: . To collaborate with the Registrar of Titles to organize and carry out Sensitization exercises aimed at enhancing women land rights as documented in this RAP. To facilitate all the Project Affected Persong according to provisions of this ARAP including the budget for compensation and timelines as per the implementation schedule. . To ensure Grievances raised are addressed and resolved on a timely manner during implementation of the ARAP as provided by the GRM. . To promptly facilitate all the vulnerable person enumerated in this RAP in accordance with the provisions of the entitlement matrix in this ARAP. . To undertake issuance of title deeds within three months after approval of the ARAP through the Ministry of Transport Infrastructure Housing and Urban Development (MoTIH&UD), and NLC to beneficiaries and PAPs concurrently with compensation payment. * To undertake monitoring and evaluation to ensure compliance to national laws and regulations and safeguard policy. 61 APPENDICES 62 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) 63 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR KAMBI SOMALIINFORMAL SETTLEMENT. Records of Discussions with Proiect Affected Persons during Validation Meetini for Kambi Somali Informal Settlement. Type of Meeting: Validation Meeting Date of Meeting: 5' June 2018 Venue of Meeting: Magharib Social Hall AGENDA 1. Opening Remarks and Introduction 2. Presentation of RAP findings and entitlement matrix 3. Verifying PAPs especially affected by Road reserve and inter-plot boundary (if any) 4. Emerging issues 5. Any other Business Background Reference to the meeting held on Monday 21st May 2018 at World Bank office at Nairobi and follow- up letter received from KISIP (Ref: MH/SUD/8/21/VOL.46/(214) regarding issue of PAPs, all Consultants were advised to organise meeting with PAPs including people affected by inter-plot boundaries, revise RAP reports accordingly and resubmit. MIN 1: OPENING REMARKS AND INTRODUCTION The meeting was called to order at 3:05 pm by Mr. Albert, Secretary to the Settlement Executive Committee (SEC) who welcomed participants before inviting a member to say a word of prayer. He then invited Mr. Paul Kivuva, GIS Specialist from consultants to facilitate the introduction and itemize the agenda for the meeting. Mr. Kivuva invited Consultants, representatives from County Government ofKakamega and representatives, of ISITP for self-introduction. In his opening remarks, Mr. Kivuva informed PAPs that the agenda for the meeting was to discuss PAPs entitlement matrix and address the issues of people affected by road reserves as a result of planning and surveying process that was done earlier in the settlement. In her opening remarks, KISIP National Government representative informed the PAPs that KISIP is working hard to ensure that the titles for all the 85 beneficiaries (plot owners) are produced within the shortest timeframe possible. Registrations of titles processes is ongoing at the Survey of Kenya and that they were fast-tracking the process together with his colleague Mr. Akach (KISIP Coordinator for cluster 1). While addressing the opening session, Mr. Fredrick Warega, Urban Planner from the consultants encouraged participants particularly the PAPs to feel free and share their issues with the KISIP officials, 64 consultants and SEC. We are here to discuss your issues and to listen to all of you. All your comments will help us to understand how best the entire RAP process can be improved. MIN 2: Presentation of RAP Findin2s and Entitlement Matrix Mr. Kivuva introduced the discussion by briefly outlining the meeting's main objective. He informed PAPs that the objective of the meeting was to discuss findings of the RAP study, verify the list of PAPs affected by road and also to present entailment options available for PAPs before implementation of the plans. Kambi somali settlement did not record any case of inter boundary PAPs hence verification of PAP asset register was only for PAPs affected by road reserve and truncations. He then welcomed Ms. Margaret Wanjiru, Sociologist from consultants to proceed with presentation. Madam Margret thanked all the PAPs for coming to the meeting. She stated that it is a statutory requirement that validation meeting to be done for purposes of ensuring that whatever was captured during inventory process is accurate and reflects the actual state on the ground. She added that the importance of the validation meeting is to further collect information and concerns from the project affected persons after identification. Her presentation largely bordered on asset register and entitlement options for facilitation. From other meetings that were conducted in the settlement, she emphasized about some of the positive and negative impacts of this resettlement planning. It is also apparent in the previous meetings some PAPs had raised apprehension about the project. This position was taken by you (PAPs) based on the precedent set by other government initiated projects in which previous agreements made by the government had not been honored. The truth of the matter is that the Government has no intention to evict anybody from the settlement and that is why the government wants to provide security of land tenure to all the 85 beneficiaries. With security of land tenure the terms and conditions under which rights to land and land- based resources are acquired will be upheld and that is why KISIP is here as a project to implement; that is improving living conditions of informal settlements by providing security of tenure to the settlers not evicting them. She reported that the nature of compensation had been recommended through an entitlement matrix covering the diversity of impacts anticipated in the project. She proceeded by outlining three levels of impacts which included loss of assets; shelter, livelihoods and impacts on vulnerability. However, loss of land will not be occasioned by the project decision. She went further to elucidate each of them as follows: a) Loss of Assets In Kambi Somali Settlement, close to 30 assets are affected by the recent planning exercise. She precisely explained the categories of assets that are affected by the proposed road reserves. The structures has been categorized as permanent buildings which are 12 in number; semi- permanent/temporary buildings which are only six; and other assets such as gates, fences, septic tanks, perimeter wall among others which are 12 in numbers. In line with KISIP resettlement policy 65 framework, affected structures will be replaced at a 100% replacement cost based on the area impacted of the permanent building. However, when a permanent structure is impacted more than 50%, it might not be viable then the facilitation would be for the whole structure. But conditions for facilitating permanent structures may not be the same as those for temporary structures. Therefore in the case of semi-permanent assets (structures made of reinforced mud wall, timber, iron-sheets) and more so for weak temporary structure, facilitation will be 100% replacement cost regardless of the affected area. Additionally, other assets such as fences, gates, perimeter wall and septic tanks would be compensated at 100% replacement cost of the affected assets. All asset owners would also be given three months' notice to remove the affected asset and the right to salvage all materials before construction work. b) Loss of Livelihoods Margaret classified disruption of livelihoods streams into two that is, loss of rental income and loss of business income. Loss of Rental income: She unequivocally stated that the PAPs are entitled to 3 months' notice and according to KISIP they proposed a two month cash grant equivalent to average income. Loss of Business income: Business income for commercial business operators will be affected. As such, basiess awirers me~ entited to 3 meniths adqtt nefiee to vaeeAe the tffgeted biaildings. To restore their businesses to pre-project level, a two months cash grants equivalent to average income as a means of facilitation has been proposed. This (two months cash grants) she noted was a decision made after wide consultations among the consultants and the affected persons. She acknowledged that KISIP Resettlement Policy Framework provides for two weeks cash grants equivalent to average income which according to consultants was arguably insufficient. c) Loss of Shelter This applies to both tenants and residents. She confirmed that the PAPs would be given three months' notice for vacation and they would be entitled to a shift allowance to enable them look for alternative accommodation. She accentuated that KISIP Resettlement Policy Framework proposes that each houses during implementation of the proposed LPDP. RPF proposed a onetime shift allowance of Kshs. 5000. However, she noted that according to the consultants, the amount does not reflect the family size and did not incorporate individual effort. After finishing discussion on category of impacts and their proposed entitlement, the sociologist remmnded the attendees of the existence and roles of SRGM and asked thirtu to ieput tu the wlnve a dispute regarding compensation arises. However if the grievance is not solved at SGRC, it will be referred to the RIC and if not resolved then the aggrieved parties are free to seek redress from Courts of Law.. Also, both the SEC and GRC committees will receive training on capacity building, gender issues and rights of women to own title deeds. . Lastly, in order to provide women with the opportunity to manage facilitation funds, it is recommended that affected families to operate a joint account to ensure transparency and accountability in the management of the facilitation money. After presentations the list of all the affected PAPs and the affected assets were read to all PAPs. PAPs were given time to check for their details in the register and to make necessary amendments to their personal details. Missing ID and telephone numbers in the register was filled by the consultants. MIN 3: Cut-Off-Date Ms. Margaret Wanjiru, Sociologist from the consultant explained that World Bank OP 4.12 describes the cut-off date as the date of start of the socio-economic survey/census and asset inventory of PAPs. During the consultative meeting with the PAPs, the cut-off date of 10' September 2016 was publically emphasized and it was repeated that any further development on the identified plots will not be included in PAPs earmarked for compensation and also new PAPs joining the area will not be considered by the 66 project intervention. This was to keep away the opportunist who may plan to join the settlement so as to benefit. This was applauded by the PAPs present MIN 4: Emerging Issues After the presentation and confirmation of the register, PAPs were requested to raise comments and questions. The questions and answers are tabulated below. Sr. Question Answer 1 Mr. Aggrey Yeswa asked to know if Ms. Margaret replied that the meeting was specifically the meeting was organized to educate organized to validate the asset register and address emerging the participants or to receive the concerns of the people affected by the road reserves and how complaints from them they would be facilitated when relocating. 2 One of the participants acknowledged Mr. Kivuva informed the participants that the truncation had and confirmed that in the last meeting affected some parts of the permanent structures and that the people unanimously agreed that affected structures would be replaced through facilitation. development on the road reserves would be affected. 3 A member wanted to know whether all Mr. Kivuva responded that the measurements had been done. the measurements of the affected Besides, socio-economic survey had also been undertaken in a structures had been undertaken. participatory fashion. 4 A member sought to know if the It was agreed that the consultants or KISIP would not do the consultants or KISIP would do the demolition. However, the PAPs would be given sufficient time demolition to relocate and right to salvage their materials. 5 Another member asked if the It was unanimously agreed that there would be a verification consultants would come back LU exercise which would involvm d1V input of thi govlunent confirm whether the structures on the Quantity Surveyors road reserves had been removed. 6 A member requested to know how the Mr. Kivuva responded that all those scenarios were taken into facilitation would be done in cases account during the surveying process. In such, the whole where the key pillars holding a storrey building would be compensated. Another participant noted building were the ones affected. that some residents did not sign the beacon certificates. Mr. Kivuva assured them that they would be considered so that they could sign the beacon certificates. 7 A member sought to know when the Mr. Kivuva informed participants that the PAPs meeting was facilitation would be given. just an initial process and once the process is completed then the facilitation would be rolled-out in earnest 8 Another member requested to Mr. Kivuva responded that that exercise had been undertaken. establish if it was possible to show However, the affected could make a formal request in writing. PAPs the extent of their property. .9A member noted that some people -Parlinipat-tsagreed tbat the project cuit-off da~te haid expired were still constructing on the areas and those coming up with totally new issues would not be earmarked as road reserves considered. 10 Some residents could not see their Mr. Kivuva reminded participants that some people were beacons. absent when people were signing beacon certificates. 11 A member posed a question whether Ms. Margret told the PAPs that facilitation and adequate notice demolition should come first or the must first be issued prior to any civil work. The RAP has facilitation, recommended that PAPs to be facilitated trained and provided with adequate notice and grace period to salvage materials. 67 MIN 5: Any Other Business There being no any other business the meeting was adjourned at 16:15 hrs with a word of prayer from a participant. Thereafter, members were allowed to leave at their own pleasure. Signatories: Aggrey Yeswa ................. (Vice Chairperson, SEC, Kar 1. Cornel R. Akach........a... (Urban Planner, KISIP) 2. Paul Kivuva.............. (GIS Specialist, Consultants) Approved for Circulation By: 1. Edwin Obadha Owino. (RAP Expert) 68 Csultancy Serves for Planning and Surveng ofselected Informal Settlements in Nairobi, Kisum, Kakamega and Kencho Counties to Cluster 1, Kenya Annexure 1: Signature Sheet of Consultative Meetings 74 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 ----------------------------------------- 76 . APPENDD( 6: GRIEVANCE ACKNO꺼／LEDGEMENT FOR炸I Date Received:---．…－--.----.---------------------------_----_________________________________ GrlevElllce No:------------－뻐－-----------------------------－뻐－------－뻐－뻐－_________________________ 1. ComPlaillallt&5details. Nallle: －뻐－----------------－뻐－---------－뻐－--－뻐－-----－…－----------------－뻐－－뻐－－뻐－---－뻐－---------- ID No:-----------------------------------------------------------------------------------------－뻐－ , Address: Mohile: -----------------------------------------------------------------------------____________ Email: -------------------------------------------------------－뻐－------------------------------ Signatllre:-------------------------------------------------------------------------------．… 2. Complaint Rai.sed 3 . Presented To Nallle: ----------------------------------------------------------------------－뻐－---－뻐－---------------－빼－--－빼－------------ Designation:----------------------------------------------------------.--.-----------------.----------.---------------- Address:---------------------.------------------------------------------------------------------------------------------ Moblle:----------－뻐－----------------------------------------------------------------.---------------------.--------_____ Email: --------------------------------------------------------------------------.-------------------------------------- l ExPected date ofGri·evance resolutioll: -----------------------------------－뻐－--－뻐－---------------------－뻐－-－… L. signatureandstamP: ----------------------------------------------------------.----------------..------------------ L L [ L - L 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: ------------------------------------------------------------------------------------- 78 SOCIO--ECONOIC SURVY QUESTIONNAIM MjrN1STRY OF USING TS NCOVMET OEC I KENYA IN 4RML SETTLEMEN Of collecting SOCio-EConomi,c Pamong the e Ibasically designled for purposes ettlemnent h.provemient Project. Thi questionnjaire isted PersOns Keniya InjformåS project Affec wD FjO u Y SETTLEMW-NFO Serial No:-- umerator Name r Date: Name of ward Name of LocationR County: Nuin- Settlement. ZoneID 6SMIL - Block ID _N,Z- [BL-i Structurell)uKNZIL~ Dwellinrg Unit I.S~IZjBL- S SECTION : OUSEUOLD DETALS olADETAL:W ENlMERATIO DT~.~ CJ~(EPN (First Name): jina(Midde Name): 2 jina la kati (Last Name): jina la mWis1O card Nol Pin N ambari ya iitambulsho (N) . No): (3 vur Hali ya Ukaaji (Residents' Umiliki wa 2. Mwenye Nyumba(Structureowner) Status) ploti/nyumba Occupier) l 4.Mwingine (Other) B RESPONDENT'S (PARCEL OWNER'S/ OWNER OCCUPIER'S/ TENANT'S) GENERAL DETAILS Jinsia 1. Mume (Male) U1a(aGe ferth 2. Mke (Female) wa kuzaliwa (Kusajiliwa): Year oi UraiaI Urai 1 Raia wa Kenya(Kenyan Citizen) 0 2. Raia wa nchi nyingine (Other Nationality) 3 1Nationality 0 Ikiwa 2. (Raia wa nchi nyingine), tafadhali ueleze (If2 please specify) 1. Hajaoa/Hajaolewa(Single) 4 11Hali ya ndon Marital status2.Aelw(Mrid 2. Arneolewa (Married) 3. Wameachana (Separated) - __________________ ___________ 4. Mjane (Widowed) 5 I Level .1. Chuo/Chuo Kikuu(Uo11ege7 Un!versity)- 5 Kiwango cha elimu Level ofeducation 2. Shule ya upii (Secondary) 3. Shule ya msingi (Primary) 4. Shule ya gumbaru (Adult Education) 5. Asiye na elimu (None) 6.. Elimu nyingine (Other) please specify C. EMPLOYMENT AND PLACE OF WORK Kazi (Occupation) 1. Mwajiriwa wa Serikali (Civil Servant) 2. Mwajiriwa wa kampuni ya kibinafsi (Employee in private sector) 3. Kibarua (Casual Labourer) 4. Mwajiriwa wa kibinafsi (Self-employed) 5. Asiyeajiriwa (Unemployed) 6. Mwanatunzi (Student) 7. Kazi nyingine(Others, specify) 2 1Mapato ya kila Mwezi Mahali pa kaziace 1. Katika Mtaa huu(Within this settlement) 3 MPhali pa kaiwork) 2. Nje ya Mtaa huu(Outside this settlement) If 2, specify D. TRANSPORT AND COMMUNICATION 1. Unatumia namna ipi ya usafiri (Mode 1 Gai la kibinafsi (Private car) unapoenda kazini? used to work) 2. Gari la moshi (Train) 3. Matatu/ Basi (Bus! Matatu) 80 4. Pikipiki (Motor cycle) 5. Baiskeli (Bicycle) 6. Kwa migun (Walking) 7.Usafiri Mwingine (Other mode of transport) Ikiwa 8. (Usafiri mwingine), tafadhali eleza (If 8. please explain) 2. Settlement Roads Is the road leading 1. The road is tarmacked (Imewekwa lami) to your house 2. The road is not paved (Haijakarabatiwa) paved? 3. The road is graveled (Imekarabatiwa) 4. Others - Specify Nyingineo - eleza) 3. Ni lini hii barabara 1. Mwaka moja uliopita (one year ago) ilitengenezwa mara ya mwisho? 2. Miaka miwili iliyo pita (two years ago) (When was the road last 3. Miaka mitatu iliopita (three years ago) maintained?) E. HEALTH: SICKNESS AND MEDICAL ATTENTION 1m wrs 1. Hospitali va raia (Public hospital) unapokea matibabu wapi? medical treatment 2. Hospitali ya kibinafsi (Private hospital) when sick?) 3. Hospitali ya kidini (Mission / NGO hospital) O 4. Mgangawa mitishamba (Traditional Healer) 5. Duka la Dawa(Chemist) O 6. Duka la Kawaida (Shop) i 7. Kuombewa / (Spiritual Healer) 2. 1 Kituo hiki cha matibabu kiko (Where is this 1. Katika Mtaa huu (within this settlement) wapi? medical facility [1 2. Nje ya Mtaa huu (Outside this settlement) located?) If 2, specify kMs 3. What is the approximate distance to the health facility? 4. Magonjwa ambayo umeugua (Diseases suffered 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 81 1. Idadi ya watu wanaoishi Number of family Males (Wanaume) Females (Wanawake) kwenye hii nyumba (persons) living in this household unit .2. Age Structure of the people Males (Wanaume) Females (Wanawake) (Miaka ya watu) 0- 10 years ------ Number of persons 11-20 years----- Number of persons 21-30years---- Number of persons 31-40 years ----- Number of persons 41- 50 years ---- Number of persons 51-60 years Number of persons Over 60 years of age 3 Kuna watu walemavu wowote Ndio (Yes) La (No) (Are there persons with disability?) Ildwat ndiu ea (If yes plea p41ain) WATER, TOILETS AND SANITATION (MAJI, CHOO NA MAJI TAKA) 1 Mnapata maji ya matumizi (What is the main 1. Piped water within the house (Maji ya wapi? source of water?): mfereji ndan ya chumba) 1. Piped water outside the house (Maji ya mfereji nje ya chumba) 2. Water kiosk 3. Bottled water (Maji ya chupa) 4. Water tanker (Gari ya maji) 5. Hakuna maji (No water) 6. Maji ya mfereji (Piped water) 7. Ksima dksicho kirefu (Shallo well) 8. Maji ya mvua (Rain water) 9. Mto (River/stream) 10. Njia nyingine ya kupata maji (Other water source) If 10, Speci 3. What is the amount paid for (Malipo ya maji Kshs water on a monthly basis? kwa mwezi) WASTE WATER 82 1. Ni mbinu gani zinatumika (What is the main 1. Kumwaga kwa choo (Pour into toilet) 2. Kuunganishwa kwa mrefeji wa taka (connection 1kuondoa maji taka? method Of g waste to the sewerage) disposing3. Kumwaga kwa barabara (Pour it into the road water?) (Kumwaga kwa barabara) 4. Kumwaga kwa mtaro wa taka (Pour it into drain 5. (Nyinginezo ---- eleza) Others means - Specify 2. Do you have you own household Yes No toilet a. If yes, which type of toilet do you 1. Choo cha maji (WC/Sewer) have 2. Tenki ya kinyesi (Septic Tank) 3. Choo cha shimo (Latrine) 4. Choo malumu (VIP) 5. Choo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. please explain) b. If No, how do you dispose of 1. Choo cha Jamii (Public toilet) your waste 2. Toilet shared by many households 3. Kichaka (Bush) 4. Kinyesi kwenye plastiki (Flying Toilet) 5. Choo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. please explain) 6. Methods of emptying (Mbinu za Which methods are used to empty the septic tank or kupunguza kujaa soak pit. (Mbinu gani zinatumika) kwa choo) 1. Local county authority (Serikali ya kaunti) 2. Hired private 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. Others (Nyinginezo eleza) SOLID WASTE 1 What type of waste do you 1. Plastics dispose? 2. Plastic Bags 3. Paper 4. Metals 5. Kitchen Waste 6. Wood 2. How regular is garbage (Mpangilio wa 1. Weekly (Kila wiki) collected? kukusanya taka) 2. Every other 2 weeks (Baada ya kila wiki mbili) 3. Once a month (Mara moja kwa mwezi) 4. No regular collections (Hakuna mpangilio wakila wakati) 83 5. others arrangements (Mpangineo mwingine eleza) If 5, specify....... 5. Unatupa taka wapi? (How do you 1 1. Inachukuliwa na serikali ya kaunti (collected by dispose your solid the county authorities) waste 2. Burying in the compound (Kuzika kwa shamba) 3. Organized private collection system (Kuchukuliwa na watu binafsi) 4. Burning in the compound (Kuchoma kwa shamba) 5. Dumping into the compound (Kumwaga kwa shamba) 6. Collected by system run by a CBO (Kuchukuliwa na chama chajamii) 7. Any other method If 7, Specify 6 1 How regular is garbage 1. Weekly (Kila wiki) collected? 2. Every other 2 weeks (Baada ya kila wiki mbili) 3 Once a month (Mara moia kwa mwezi) 4. Hakuna mpangilio wakila wakati (No regular collections) 5. Mpangineo mwingine eleza (others arrangements) If 5, Specify HOUSEHOLD INCOMES AND EXPENDITURE (MAPATO NA MATUMIZI YA NYUMBA) Njia ipi ile inakupatia (What is the main source 1. Permanent Employment mapato ya nyumba of incomefor the 2. Business household?) - 3. Crop Farming 4. Livestock Keeping _ Casugl Labour 6. Other If 6, Specify 2. (Mapato ya familia kwa (What is the monthly f e mwezi ni shilingi ngapi?) income for the Kshs household?) 3. Matumizi ya familia kwa What is your monthly Item Amount mwezi moja ni kiasi gani? household expenditure I1. Food (Chakula)Kshs ion: 2. Rent (Kodiya numba)Kshs 3. Usafiri (Transport)Kshs 4. Nguo (Clothing)Kshs 84 5. Other Expenses (Matumizi mengine) a. Kshs b. Kshs c Kshs d. Kshs STRUCTURE OWNERSHIP SECTION 2: BUSINESS DETAILS Business details Jina la Name of the , Biashara business 2. Una Leseni ya Do you ha a 1. Ndio (Yes) Biashara Business 2. La (No) licence? Aina ya biashara 3 Business Activity/Business Type 1. Supamaketi (Supermarket) (Aina ya Biashara) 2. Duka lajumla (Wholesale shop) 3. Duka la rejareja (Retail shop) 1. Duka la vifa (farduar) 5. Mitumba (Secondhand clothes) 6. Duka la nyama (Butchery) 7. Kibanda cha vyakula (Food kiosk) S8. Duka la mboga (Green grocer) 9. Mwuzaji makaa (Charcoal dealer) Fundi wa viatu (Shoe cobbler) 11. Ushonaji (Tailoring) 12. Kinyozi/Mahali pa kutengeneza nywele (Hair salon) 13. Ukumbi wa filamu/Maktaba ya video (Video show/Video library) 14. Baa (Bar) 15. Vifaa kuukuu (Secondhand goods) 16. Battery charging) 17. Telephone bureau) 18. Biashara nyingine (Other commercial) Ikiwa 18 eleza (If 18 please specify) Signature of the Enumerator: ID No.: Phone: Name of Field Supervisor: Signature of the Field Supervisor: 85 APPENDIX 9: CHECKLIST FOR FOCUS GROUP DISCUSSION Are there women headed households in the settlement? If yes what is the percentage of the total households? Are there Child headed household, if yes what percent of the total households in the settlement? 3. Economic Issues What are the main sources of household incomes in 1. the settlement? 2. 3. 4. 5. 5. Infrastructure Development What are main infrastructure that are available in the 1. Water supply settlement 2. Electricity 3. Roads 4. Health facilities 5. (Specify) 7. People living with disability - e dtt perus in the sttlement with disability? 1. Yec 2. No If there are, how and who supports them? What facilities do these people have in the settlement? 86 APPENDIX 10: MAP OF AFFECTED ASSETS Kambi Somali Informal Settlement Proposed PDP with Affected Structures 87 APPENDIX 11: PLANNING MINUTES Annexure 1-1: Proceedings Introductory Meeting Proceedings of introductory Meeting at Kakamega County Minutes of the consultative meeting held with Chief Officer on 11w May, 2016 at the County Office of Kakamega. The meeting was chaired by Chief Officer; Land. Planning and Housing -County Government of Kakamega. List of attendees Si. No. Name Designation Department CO- Land. Planning and Housing 1 Kelvin Marangu (Chairperson) Kakamega County 2 CornelLR.Ak_ach__ Project Coordinator KISIP-NRB 3 Selesio Kaburu Land Administration KISIP-NRB 4 [Celestine Wanjala CartographerlGIS KISIP-NRB 5_ -5LDeepa Tripathi Team leader, Urban Planner ICTIGeodev 6 Geoffrey Wamaina Surveyor ICTIGeodev 7 Martin Sila Surveyor ICTIGeodev 8 Paul Kivuva MNithi GIS Specialist ICT/Geodev 9 Godwin Ochieng Urban Planner ICTIGeodev 10 do:hB-mihornoi* PIv 11 Joseph R Agany Surveyor G eodev Agenda of the meeting * Introduction of Consultant to Chief Officer * Brief Background of KISIP * Project schedule * Expectation of Client from Chief Officer Proceedings Meeting started at 9:30 am with a welcome note and introduction of participants. The following issues were discussed during the meeting: Brief Background of KISIP - It was explained that KISIP is a programme under Ministry of Land, Housing and Urban Development which is funded by the World Bank. ICT in consortium with Geodev won the tender to carry out planning and surveying in 8 informal settlements within four counties. - The exercise is expected to produce LPDP of the informal settlements and surveyed plots complete with RIMs. - The residents will benefit by getting title of their land through a consultative process which will be community driven. - CO was taken through process of planning and surveying which is expected to continue for a penod of 12 months. Local PhYsical Development Plan-Kambi Somali 101 88 Meeting in progress Project schedule - It was explained that project schedule is not done yet but the initial site survey was to help in developing work plan which would be shared with the counties in due course. - The project was expected to run for a period of 12 months. - It was explained that the project will be done in two phases; the first phase to encompass 5 settlements and the remaining settlements to be done in the second phase. Expectation from County Office The following were the requests from the team to the county; . e.17 to wa.,k deel "ifl eeailm i~ Fde lia pFdea good werFk becatim 4hey am the beneficiaries * County was informed that they will have to approve consultant's work before it is accepted by KISIP-Nairobi office. * Generating list of beneficiaries should be done jointly by all stakeholders to avoid misunderstanding Having listened to the request, the CO gave the following assurances: * The county is ready to work closely with the consultant * Status of the informal settlements in Kakakemga is not so bad though tenure security is a big issue In almost all informal settlements including Kakamega. * It was confirmed that the county has a good relationship with residents of the informal settlements based on successes of the past projects. Therefore consultant should expected very little resistant. Meeting ended by 10:00 am. Local Physical Development Plan-Kambi Somali 102 89 Signatorics 1. Kelvin Marangu Šnud (CO- Land, Pianning and Housifng) 2. Deepa Tripathi - (Team Leader, ICTIGEODEV Consortium) 3. Geoffrey Wamaina (Surveyor, Geodev) Signatur* Sheet of Introductory Mecting held In Kakamega County os8P: ConsultacyServces Sar Planning an~d Surveying of selected inoal S.Illements Sn Noan, Ss.o IGaKalaga and K~richo Cowue Sa Custer 5, K~nya - P ofo cpar s ex-. J%4_6v 9-1,:j~,.-b ~j | Ici Goev t s _rw, 01mt tS lbr L H r : Local PhYical Developient Plan-Kambi SoIali 103 90 Annexure 1-2: Proceedings of Entry Baraza Proceedings of Entry Baraza, Kambi Someli Informal Settlement, Kakamega County Project: Planning and Surveying of Kambi Somali Informal Settlement under KISIP Date: 23h June2016 Time: 02.00pm Venue: Magharib Women Hall, Kambl Somali Agenda of the workshop * To explain the project objectives, process and expected output * To elaborate on significance of participatory approach * To explain the process of topographical survey * To explain the process of structure mapping * To explain the process of soclo-economic survey in the settlement * To elaborate the process of beneficiary documentation * To share the schedule of FGDs and KI Interviews * Seek support and cooperation from the community stakeholders and SEC The meeting started with a word of prayer and brief introduction of participants. Mr. Philip 0 Chunge, assistant chief, as a master of ceremony (MC) facilitated/ anchored the proceeding of the workshop. The MC welcomed all the participants and briefed them about the agenda of the workshop. The workshop was chaired by Mr. Salim Mohamad, Chairman of SEC, Kambi Somali and attended by community along with representatives from national government, county government and SEC members; some of them are listed below: SI. No Name Designation Department 1 Ms. Pamela Adamba ADM Kakamega County ____mr. Comel Akach urban Pianner A1b17 3 Mr. Philip 0 Chunge Assistant Chief Interior Minister 4 Mr. Salim Mohamad Chairman SEC. Kambi Somali 5 Ms. Deepa Tripathi TL /Urabn Planner ICT/Geodev 6 Mr. Satish Kumar Urban Planner ICT/Geodev 7 Mr. Joseph Kiloh Sociologist Consultants B Geoffrey Wamaina Surveyor ICTI Geodev Around 35 stakeholders attended the baraza. The attendance sheet is attached in end of proceedings. Proceedings: Mr. Chunge highlighted the main agenda of the entry baraza workshop. He appreciated the efforts of KISIP and consultants for bring the land tenure dream into reality. He also requested the participant to listen carefully to understand the project property. He then invited Mr. Comel Akach, KISIP representative to address the participants on behalf of the project. Mr Akack informed the participants that KISIP is mandated to provide land tenure security to the people of Kambil Somali and a positive contribution was required from the community throughout the project duration. Mr. Chunge then invited Mr. Salim Mohamad, SEC chair to address the participants. Mr. Mohamad thanked the national government to bring the project In Kambi Somall for land tenure security. He then requested the community to cooperate during the project duration. In the end he assured the consultant all the required help in the socio economic survey. Mr. "hlinge then Invited the consultant to expiain the agenda of the meeting. Ms. Deepa Tripathi, Team Leader of Consultant Team explained the agenda of the meeting and then Invited Mr. Joseph Kiloh, Consultants' sociologist to explain further in Swahili Entry Baraza - Kambt Soral Infannal Setmement Kakarrnega County Local PhYsical Development Plan-Kanbi Somali 104 91 language. Mr. Kiloh again explained the agenda of the meeting and process of socio economic survey. He also requested the community for help during the survey by encouraging people to give interview and all the information asked during Interviews. In the end Mr. Kfloh asked the participants to come up with any questions about the agenda and project. The questions of participants were answered by Mr. Kioh and presented In the table below- Ouestilonsf queries Response Should the people with title also participate in In response the consulting team advised that the exercise? let all people participate since the survey is also collecting data will help the County Government as well as the National Government to plan. The Information Is vital and therefore all should take part in the survey. What Is the tine duration of the project? The time duration of the project is one year. After the presentation of the plan for the survey by the Consultant. the members accepted the plans and urged the Consultant to ensure the exercise results in what it is intended to achieve. Way Forward: 1. The community assured to cooperate during the socio economic survey 2. Consultant will start the survey work on ground Closure: The meeting ended at 04:00 pm with a vote of thanks from Consultants and a word of prayer. Entry Baraza at Kamtl Soali Signatories 1. Philip 0 Chunge (Assista Chief, Kambi Somali) I YI 7tiCLPALITY 2. Salim Mohamad ......... ......... .. ..... (Chairperson, SEC Kambi So Comel Akach...........................................-... --.- (KISIP Liaison officer) 3. Ms. Deepa Tripathi............................ (Sociologist, Consultant Team) EnryBara - KaWb Somal tinoral Seulment, Kakamep County Local PhYsical Development Plan-Kambi Somali 105 92 __ 5ignature Sheet of Entry Вагаzа гиr.rsл�дь. и...: а �,. t1�'С /��"�' � - миrв►...F В4tг+хо Rf l�дп.Ы• �У�'+t' оы "^"'�"-1А �Л�. �ь.. �.rим�а...п irпr nо.л�.в.. e�.r яs�... L А TR1PAtм tсГ GealeJ тс и•t1и„л отц �q 5и г hг+�.;л� �с.т v о г� �в1ь .w. __ �рг^..1 {Аl4Ц. iдlSlP r� �л•.п4г дТ2'1�1 • 4 г,tги А. о n Р �Ог+г*�С•; л � ово1.� Owrr�- Сдя л . э • с�.'' О о "�sигл i мтеs � А !F Ав/ ' ! 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Dмгlортаи РlmrKamбi Somali /ОТ � � � 94 1' Annexure 1-3: Proceedings V Technical Stakeholders Workshop Proceedings of 1"' Technical Stakeholders Workshop I" Workshop -Technical Stakeholders, for Karnbl Somali Informal Settlement, Kakarnega County Date:VdAugust, 2016 Time: 10.30am Venue: Social Hall, Kakamega City Introduction The objective of the first workshop was to to present the findings of household surveys, physical mapping, todevelop a vision by the community and validate draft list of beneficiaries. Agenda of the workshop . Review and validate the findings of soclo-econornic surveys and physical mapping and draft list of beneficiaries of Kambi Somali Informal settlement . Provide a way forward The meeting started with a word of prayer and self-Introductlon by parficipants. Mrs.Pamela Adamba. County Community Mobiliser, as a master of ceremony (MC) facititatedl anchored the proceeding of the meeting. The MC welcomed all the participants. The meeting was chaired by Hon. Alfred Magangi,C.E.C. member County Government of Kakamega and attended by representatives from national government, county government and SEC members-, some of them are listed below: St. No Name Designation Department I . Hon. Alfred C.E.Cmember County Government of let isi pe got) Neke kena feeffiki 2 Hon. Chairman Management Cornmittea, DanielKhmsel Kakamegia Town 3 Benjamin Orwa Town Administrator Kakamega Township 4 Kelvin Marangu Chief Officer Land, Housing and Physical Planning Adamba Pamela ADM CGK Philip 0 Assistant Chief Interior Ministry Chunge 7 Salim Chairman SEC, Kambl Somali Mohamed a Cornet Akach Liaison officer KISIP 9 Celestine GIS/Cartographer KISIP Waniala 10 Deeps Tripathl Team Leader Consultants 11 Joseph Mo Sociologist Consultants 12 Joseph R. Land Surveyor Consultants Aganyo 13 MichaetWairanu Environment Expert Consultants 14 Geoffrey Surveyor Consultants Ina I ::t 15 Saffs Kumar I Urban Planner I Consultants I" Workshop -Tmhnkat Stakeholders of Kakamegir County Loml PhYsical Demlopinent Plan-Katribi Sonwil 95 Around 30 participants attended the meeting and the Attendance register of all the participants is given In Annexure 1. Introduction: Mr. Akach, as representative of KISIP gave the briefing about the project. He highlighted the main aspects of the project Including housing survey, topographical survey, physical plan, etc. The current project is under Component 2 (Enhancing tenure security) of KISIP. The Minister welcomed all the participants in the workshop. He thanked KISIP project of national government, which Is mandated to formalize the informal settlement. Improving the situation of informal settlement Is a noble project, which will bring positive change In the lives of poor people living In these settlements. He also informed the participants that KISIP Is already working in one of the Informal settlement in Kakamega, which in advanced stage of giving title deeds to the beneficiaries. He assured full support to consultant and KISIP team for proper Implementation of the project. After the welcome address by the Minister, Mrs. Pamela requested the consultant to make the presentation. Presentation: The findings of soci economic survey and physical mapping were presented by Ms. Deepa Tripathi-Team Leader; Mr. Geoffrey Wamaina- Surveyor; Mr. Joseph Klioh- Sociologist- and M. Walragu- Environment Expert. The presentation was given on the following aspects: * Project Background * Project Objectives * Scope of Work * Duraulol of UI blUUy * Commencement of the Study and Team Mobilization * Approach and Methodology * Community Mobilization and Sensitization * Stakeholders Analysis * Digital Base Map * Soclo-economic Survey * Environmental Baseline Survey * Recommendation, Prioritization and Visioning * Draft List of Beneficiaries After the presentation, the Team Leader requested the participants to make their comments andlor suggestions. Mrs. Pamela Invited the SEC members for their reponse to the presentation. The SEC chairperson and secretary along with assistant Chief responded In the form of questions and suggestions as presented below. Suggestions/ Issues: Query/ Question Observation Answer/Commentary Project has been participatory, has been well executed and will be very successful One dispute involving plot X and W Both plots are there - but owner of plot X had not fenced the plot, and sunt bad 1es' lentdl theu-on. Plot 20 the owner sold plot to another person 1 Workshop-Technical Stakeholders of Kakamga County Local PhYsical Dvelopment Plan-Kanbi Sonmali 109 96 Query Question/ Observation Answer/Commentary and it appears someone sold to himself ... SEC to verify Drainage system - surface run-off from the County Government of Kakamega Mosque passes through plot no. 28Storm (CGK) is getting assistance from water has killed a person in the vicinity. Rain World Bank for a number of lasting one hour is enough to threaten lives. infrastructural projects, including Construction of new road has also resulted in management of storm water. water from the CBD finding its way into Kambi Somali settlement There are no sewer lines in Kambi Somali - Noted just septic tanks All plots in Kambi have owners and there is -Noted no vacant plot. In some cases telephone number of Typing and other errors were beneficiaries is wrong discussed (after the meeting) by representatives of both the SEC and Consultants. Some telephone numbers were corrected, others would be corrected at the community workshop. Plot numbersarenot correct In some cases. Requisite corrections were effected So proper information must be documented of after the meeting. all beneficiaries Under this project all people are well informed Noted I Ust of beneficiaries hasalready been The list will be further verified In validated by SEC and no need for further front of community in the workshop validation by County Authorities, which may on 4e August 3,2016 cause problems Health and education facilities are available Noted within nearby area The quality of water supply is not good and it The town management committee should be improved will look Into the matter Cemetery and market should also be made The county government has part of the project already written to the national government for the same and response is awaited. Cemetery should also be for all faiths. Issuing ID card is a lengthy process and takes The Issuance of ID card In KISIP time. Considering the peculiar nature of project is different from the ID card Kambi Somali,the national government is issued by the national government. trying its best to issue the ID card to all Under the project the ID card will eligible persons In the settlement. be Issued for identification of beneficiaries and for not any other purposes. Plot size is not 50/100 Typing error - will correct this Information eenszultiints egfeed Ila finalize the 1il t hAfiiffiiffi viih 11he help c! SEC, Area Ghiel and County Officials. All the Issues related to missing or incorrect information about beneficiaries would be resolved. 1 Workshop -Technical Stakeholders ofKakamega County Local Physical Development Pkrn-Kambi Somali 110 97 After the response from the SEC members, Ms. Pamela invited the KISIP representative, Town Administrator, Director of Survey. Chief Officer, Chairman Town Committee and Executive Committee Memberfor their response to the presentation and the same is given below. KISIP Representative: Mr. Akach expressed his satisfaction with presentation given by consultants. He also responded to the question regarding the Inclusion of additional area In Kambi Somali. He explained that the process of Inclusion of additional area would require variation in the contract and thus taking time but It would be hopefully done very soon. Town Administrator:Mr. Benjamin Orwa, the town manager said that some typo should not be deterrent In the progress of the project. He also said that current KISIP project of Kambi Somali, Nubian and MjInt Is not the last project under KISIP and there will be many more similar projects for improvement of the Informal settlements. He also suggested that the cemetery In Kambi Somali be available to other faiths as well, not just Muslims. Director of Survey:The DSassured all the help required from the survey department. The department will facilitate the process of title deed with utmost sincerity Chief OfficerMr. Kelvin Marangu appreciated the work of consultants and assured that all administrative help will be provided to the consultant in future for the timely completion of the project. He also emphasized that the project should involve the community at every stage to reflect the aspiration of the community. Chairman TownCommittee:Hon. DanielKhmasi said that the town management committee Is in place since December 2015 and has started working for the welfare of the town. He also informed the participants that the County is fully equipped with appropriate staff to manage the affairs of the people. He also appreciated the efforts of consultant in terms of the progress of the project till date. CEC Member Hon. Alfred Matiangi appreciated the efforts of consultant and active involvement of the SEC in bringing the project upto this stage. He noted that the consultants have been engaged with his office since the beginning of the project. He asked the consultants to resolve all the issues related to the finalization of list of beneficiaries. He also suggested continuing the involvement of beneficiaries for effective implementation of the project. Way Forward: 1. It was agreed by all that the list of beneficiaries will be finalized with the active help from SEC members of both settlements along with the county officials. 2. The list of beneficiaries will be finalized in the workshop with community on 4m August 2016. Closure: The meeting ended at 02.00pm with a vote of thanks from town administrator department and a word of prayer. Workshop Photographs 1 Workshop -Technicat Stakeholders of Kakamega county Local Phtysical Deelopment Plan-Kambi Somali Ill { 98 Workshop Photographs Signatorles 1. Hon. Alfred Matiangi . (Hon.Minister, Land, Planning and Housing Department, Kakamega) 2. Kelvin Marangu...... .... (CO- Land, Planning and Housing) 3. Comel Akach........... (KISIP Ualson Officer) 4. Celestine Wanjala............ (GIS/Cartographer, KISIP, Nairobi) 5. Deepa Tripathi ....... (Team Leader, ICT/GEODEV CO tum 6. Mr. Joseph Kilo (SociologIst) 7. Geoffrey Wamaina ..ln ..s... (Surveyor, GEOD"N) 1" Workshop-TchntewlStaeholdeu offKakamga County Local PhysicalDevelopment Plan.Kambi Somli 112 99 LocalPIysical Deelopinenit Plan-Kambi Somali 113 { 100 Locat Ph.vsial Development PlIan-Kflibi Somiafi 114 { 101 Annexure 1-4: ProceedIngs 1V Community Stakeholders Workshop 4h August 2016 Proceedings of Community Stakeholders Workshop 1" Workshop -Kambi SomalI, Kakamega County Date: 4h August, 2016 Time: 11.15 am Venue: Community Hall, Kambi Somali, Kakamega City Introduction The objective of the first workshop was to to present the findings of household surveys, physical mapping, to develop a vision by the community and validate draft list of beneficieries. Agenda of the workshop * Review and validate the findings of socio-economic surveys and physical mapping and draft list of beneficiaries of Kambi Somali Informal settlement. * Validate the list of beneficiaries The meeting started with a word of prayer and self-Introduction by participants. Mrs. Pamela Adamba, County Community Mobiliser, as a master of ceremony (MC) facilitatedl anchored the proceeding of the meeting. The MC welcomed all the participants. The workshop was chaired by Salim Mohamad, Chairperson SEC, Kambu Somali and attended by representatives from national govemment, county government. SEC members and beneficiary community; some of them are listed below - S. No Name Designation Department 1 M03-n.DU11 ..nairman - .urinuium ounlan.... Khmasl Kakamega Town 2 Pamela ADM CGK Adamba 3 Philip 0 Assistant Chief Interior Ministry Chunge 4 Salim Chairman SEC, Kambi Somali Mohamad 5 Comet Akach Liaison officer KISIP 6 Selesio Kaburu Land officer KISIP 7 Celestine GISICartographer KISIP 8 Deepa Tripathi Team Leader Consultants 9 Joseph Kilo Sociologist Consultants 10 Joseph R. Land Surveyor Consultants Aganyo I_I 11 Michael Environment Expert Consultants Wairau 12 Geoffrey Surveyor Consultants Waenalna 13 Satish Kumar Urban Planner Consultants Around 120 participants attended the meeting and the Attendance register of all the p.icip-nts givn in Atnexure 1. Introduction: Ms Pamela invited Mr. Chunge, the Assistant Chief for introductory remarks. I" Woeshop - Technical Stakeholders of Kakemege County Local Physical Devilopient Plan-Kambi Somali 115 102 Mr. Philip requested all participants to listen to the consultants carefully for clear understanding. He said that they all were gathered for a common goal for success of the project. He invited the SEC members on stage and informed the participants that all the members of SEC had been elected by people and not by the government. Therefore the SEC members would take decision in the best Interest of community. Inadequacy of infrastructure like sewerage, drainage, solid waste management etc. are the main concerns of Kambi Somali and county government should take care of these concerns. Chairman Town Management Board: Hon. Daniel Khmasi addressed the participants and explained that town management board in was place which would take care of the issues related to infrastructure in Kakamega town including Kambi Somali. Through KISIP, World Bank has come to help Kambi Somali to ensure land tenure security. He also promised the community that all were welcome to his office for any kind of help. Finally he thanked KISIP for the project in Kambi Somali. Ms. Pamela invited Mr. Akach, the KISIP Representative to brief the audience about the project. Mr. Akach introduced his KISIP team from Nairobi and requested Mr. Selesio Kaburu to address the gathering on KISIP behalf. Mr. Kaburu informed that KISIP had all kinds of professionals to complete the project like urban planner, engineers, surveyors, etc. He noted the cooperation among community members in Kambi Somali; and due to the cooperation, the list of beneficiaries was ready by then. He mentioned that the consultants had done lot of work to bring the project up to that stage. KISIP will agree to the final outcome of consultants with full involvement of community and title will be given as and when final plan gets ready. He also mentioned that unity within community and cooperation with consultants would help in completing the project soon. He told the participants that issuing title deeds in KISIP project settlements is done fast and given first priority. The consultant will rectify the anomalies of PDP and survey done In past and prepare the new one for overall development of settlement. He explained the procedure of land titling which is very lengthy but KISIP project will help people in reducing the time taken. The central government is determined to improve the situation of informal settlement in Kenya and through KISIP land title can be availed within a year time with the full cooperation of local people. The leadership of SEC is very good In Kambi Somali. Finally he thanked the County Government for their full cooperation for the project. He also hoped that Kambi Somali would become a case study for informal settlement improvement project in Kenya with the continuous efforts of community, county government and consultants. Genuine records of allotment letters are in Nairobi also, and any fake documents will be detected. Public land will not be allocated title documents because it is for the benefit of the public. Where the person to whom land is allocated is deceased, this should be noted and the heirs/descendants recorded. Then Ms. Pamela invited Ms. Deepa Tripathl for her address and to start the presentation. Ms Tripathi explained the current status of project, the objectives of the workshop and the next phase of activities. The Ms. Tripathi asked Mr. Joseph Kiloh to make the presentation on the followings: * Project Background * Project Objectives * Scope of Work * Duration of the Study * Commencement of the Study and Team Mobilization * Approach and Methodology * fnmnityn Mnhili7aionn nd Sencitiaion 1 Workshop- Technical Stakeholders of Kakfmtae County Local Phyical Development Plan-Kamnbi Somali 116 103 * Stakeholders Analysis * Digital Base Map * Socio-economic Survey * Environmental Baseline Survey * Recommendation, Prioritization and Visioning * Draft Ust of Beneficiaries Mr. Kiioh explained the process adopted by consultants for socio-economic surveys, mapping and list of beneficiaries. The consultant started with the introductory meetings with the officials of Kakamega County and also had initial meeting with SEC members and then community through entry baraza. Various stakeholders were consulted to understand the issues of Kambi Somali; including community, SEC Members, NGOs, CBOs, key informants, etc. He also informed the participants that all the available documents like PDP, survey plan, list of beneficiaries, etc. were taken into account for existing status assessment of settlement. Mr. Joseph asked the participants if they had any comment or suggestion or query. The participants were satisfied with the existing status assessment done by consultants through socio-economic surveys and mapping. There were no comments. At the end of the presentation, Mr. Kiloh invited Mr. Chunge, Assistant Chief and then they jointly read the list of beneficiaries. The name of all the beneficiaries were read In loud and people confirmed the names and contact numbers. Some of the beneficiaries were absent and other participants confirmed that they knew the absent beneficiaries. After reading the name of beneficiaries, Mr. Chunge asked loudly to confirm the name of beneficiaries and asked the community whether the same was correct. The community responded with resounding confirmation. He again asked if anyone had objection to the list of beneficiaries, then again he received the same answer for reconfirmation of beneficiaries. There was a query by one beneficiary regarding the position of her plot which had apparently being taken up by a road. The SEC promised to regularize this matter. bUlailly, Mil Wk.iVilOdly 1t5 ,10deadLRd. After reading out the list of beneficiaries and correction of name and phone numbers, Mr. Kiioh requested the participants to make their comments andlor suggestions. Suggestions/ Issues: The participants responded in the form of questions and suggestions as presented below. Queryl Questiont Observation Answer/Commentary Two participants raised the issue of having the The matter would be taken to the allotment letter for the same plot county govemment for authentication of allotment letters and resolution of the issue. Community facilities like Mosque, school and The county govemment has already Market should also be made part of the Kambi written to the national govemment for Somali Settlement Plan the same and response is awaited Copies of documents for verification The beneficiaries will hand over the copies of allotment letters, title deeds and ID to consultants for record. Adoption of list of beneficiaries: Finally the list of beneficiaries was adopted by community for further necessary action as per the KISIP Project The adoption was done in the prasenrca of officiel of eunty government nationa govemment RFC members cnmmunity and consultants. 1 Workshop- Technical Stakeholders of Kakrnega County Ii Local PhYsical Derelopient Plan-Kambi Somali 117 104 Closing remarks were given by the followings: Local Imam: He thanked the National Government and the County Government plus the Consultants for the good work done. He also emphasized on the need to include the the community facilities (mosque, school and market) in the project. KISIP Liaison Officer* He encouraged the community to continue cooperating with the consultants for the speedy completion of project, and Invited the consultant to briefly explain the remaining steps. The Consultant explained that the remaining steps include: * Preparation and adoption of draft development plan * Beaconing of plots * Preparation of survey plans and amendment of Registry Index Map * Issuance of titles Chairman Town Management Board: Hon. Daniel Khmasi appreciated the work of consultants and cooperation of the community of Kambi Somali. He expressed his satisfaction and hoped that with continuous efforts of all stakeholders, Kambi Somali Informal Settlement of Kakamega County will be the first in Kenya to get the title Deed and be an example for others to follow. He also assured all kind of help to the consultants and people of Kambi Somali for the completion of the project. Way Forward: 1. It was agreeo By al ulte Ist 1inl2eu in ahe wuikabiup wi l 0 I Uth b .u i"athe. planning in the project. 2. All beneficiaries will provide copies of the documents like allotment letters. ID, etc. to consultants on 5" and 6h August, 2016 Closure: The meeting ended at 02.00pm with a vote of thanks from one of the beneficiaries and a word of prayer. Workshop Photographs LAcal Physical Detwlopment Plan-Kasnbi Sonali 118 105 Workshop Photographs Sianatorles rài 1. Philip C h u n ....... ( (Assistant Chlef) SW frL0CATION Kg FUNICIPALITY 2. Pamela Ad a....... (ADM-Community Mobiliser) 3. Salim Mohammed... (Chairman-SEC) 4. Comel Akach.......... (KISIP Ualson Officer) 5. Selesio Kaburu........ (Land officer-KISIP) 6. Deepa Tripathi .... (Team Leader, Consultants) 7. Mr. Joseph Kilo.......... (Sociologist, Consultants) 8. Geoffrey Wamaina (Surveyor, Consultants) Local Piysical Devlopment Plan-Kambi Somali 119 106 _. Апмкогв 1: Аtlвпдапсв йst of woгkshop р 7 � .. . �i�'г'�� � С Ч�{ � f�. i г1нС��.r �'J�:c.�.Y��.�:L. :�! в+МвьN.l.в.'ь1 }iлц._' r'�:А: ,.__ ��'Т��. Fi J �R�.�./1hlP � w 1 wд � г 't ' �'i"�М . . 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