MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT ABBREVIATEDRESETTLEMENT ACTION PLAN (ARAP) SWAHILI VILLAGE INFORMAL SETTLEMENT Based on LOCAL PHYSICAL DEVELOPMENT PLAN (2016-2025) Kericho County - sida AGENCE FRANCAISE THE WORLD BANK mDtVELOPPEMENT Prepared By K lot m SWAHILI VILLAGE ARAP REPORT AUTHENTICATION Report Prepared by: SigneT ......... Date.ft ... . . NAME OFRP SPECIALIST .. .. ......... ..... ...... GEODEV (K) LM1'3FMD LAND & EGNEERING SURVEYORANN & EN"OMENTAL CONSUTATS. Checked by: . Box 14066 00100, NAIROBI. Mobile: 0712 151 779 Full Name uthorized Representative: Alibid House, 2nd Floor, Mombasa Rd. Signed .... .. ...... Date... . . . . . . . . 1 NAME OF REPRESENTAIVE Il I N JOINT VE~NUE ITH GlLEODEV (Mj LfMITED Client Signed........ ............. . . ......D ate ............... .... ... N am e ............................ ........................................ ............-... KISIP - COORDINATOR MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVET,OPMENT LIST OF ABBREVIATIONS AIDS: Acquired immune deficiency syndrome AFD: Agence Frangaise de Development CAD: Computer Aided Design CBD: Central Business District CBOs: Community Based Organizations EIA: Environmental Impact Assessment FGD: Focus Group bDiscussions GOK: Government of Kenya GPS: Geographical Positioning System GRC: Grievance Redress Committee IDA: International Developmednt Association IPCU: Iron Pins in Concrete Underground KISIP: Kenya Informal Settlent Improvement Project KSHs: Kenya Shilings LPDPs Local Physical Development Plans M & E: Monitoring & Evaluation MCA: Member of County Assembly MDGs: Millennium Development Goals MoTIH&UD: Ministry of Transport Infrastructure , Housing and Urban Development NEMA: National Environment and Management Authority NLC: National Land Commssion NSUPP: National Slum Upgrading and Prevention Policy OP: Operational Policy PAP: Project Affected Person PCT: Project Coordinating Team rDr: Patt Develop%mit Plal RAP: Resettlement Action Plan RIC: RAP Implementation Committee RIM: Registry Index Maps RPF: Resettlement Policy Framework RTK: Real Time Kinematic SEC: Settlement Executive Committee SIDA: Swedish International Development Agency SPSS: Statisctical Package for Social Sciences UTM: Universal Transvere Marcador WB: World Bank iv DEFINITION OF TERMS The following terms shall have the following meanings as implied in context of this RAP report. Abbreviated Resettlement Action Plan is a resettlement document prepared to mitigate impacts that has affected less than 200 Project affected persons in accordance to World Bank OP 4.12. Adoptive Planning: is a physical planning approach applied in this project that entailed application of practical planning interventions that suit the realities, challenges and characteristics of informal settlements. This was achieved through moderating of conventional planning standards that would otherwise have been applied. It involves negotiated planning standards that use non-conventional road wayleave widths with the aim of reducing displacement that would result from the use of conventional planning standards (which use road wayleaves of 9m, 12m, 15m, 18m, 25m and 30m). 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 kind in recognition of loss of assets and Livelihoods resulting from impacts caused by planning and surveying. Complete Displacement: means the displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land outside the settlement due to the planning and survey activities including demarcation of roads. Cut-off date is the date of Beginning of the socio-economic survey/census and asset inventory of PAPs. It could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx 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 restricted access to economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Rehabilitation Assistance is the additional support, over and above compensation accorded to the vulnerable or at-risk members of the affected community during implementation of the ARAP e.g. labor support. Relocation/Localized displacement means displacement of a structure owner or institution PAP etc. 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 structures, in an area and of the quality similar to or better than that of the affected structures at market rates without depreciation. LV 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 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, 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 Franqaise 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. Kericho 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; Majengo Talai and Swahili Village were selected for tenure regularization. This Abbreviated Ressettlenit Action Plan (ARAP) report, therefore concerns Swahili Village Informal Setlement, one of the stlements under KISIP intervention. Swahili Vilage Background Information. Swahili Village Informal Settlement is approximately 2.5km North West of Kericho Central Business District (CBD) and is located in Kericho Township Sub Location and Location, Kipchogor Ward in Ainamoi Constituency. It covers approximately 7.7 Hectares of land and is located on a public land owned by Kericho County Government. The population of Swahili Village is 2338 persons with 1403 (60%) male and 935 (40%) female. It houses approximately 897 households with average household size being 2.6 persons. Before the KISIP intervention, there was an existing Pysical Development Plan (PDP) which was prepared in 1996 and allotment letters issued. However, provision of social amenities such as drainage, water and sewerage could not be implemented until tenure regularation was concluded. Therefore, tenure regularisation under KISIP Compoent 2 led to the preparation of a new Local Physical Development Plan (LPDP) which was based on a combination of the existing PDP, updated base map and ground survey that was undertaken in order to provide required road reserve for road expansion and truncation. The approved new LPDP will benefit 46 bneficinries nut of which 8 are owned by female. 30 are owned by male and 8 are co-owned' and titles will be in the respective association's name. Aditionally, the approved new LPDP will necessitated road re-alignment requiring all structures which had encroached onto the 1996 PDP road reserve therefore requiring their removal. The alignments with road cross sections ranging from 8 meters lane to 15 meters have been proposed based on adoptive planning standards and projected future demand for both physical and social infrastructure services. The proposed road re-alignment will affect 117 PAPs who own 34 structures in the settlement as presented in PAP diagram in figure 0-1 below. The cumulative length of the proposed road is 2 km. This Abbrieviated Ressettleemnt Action Plan (ARAP) is therefore prepared to identify and provide mitigation measures to the potential adverse social impacts likely to be suffered by the Project Affected Persons whose structures, livelihood or vulnerability might be affected. The RAP has been I The 8 co-owned plots include 3plots which are owned by 3 owners and 3plots are owned by more than 3owner while 1 plot is owned by an association vii prepared to in conformity with Kenya's policy, legal, procedures and institutional arrangements that govern response to and management of displacement impacts. Also, the report is in line with the provisions World Bank's Safeguard Policy OP 4.12 on Involuntary Resettlement, which requires that an RAP be prepared for all projects that will cause both physical and livelihood displacement of people. Methodology The methodology adopted to collect both primary and secondary data was guided by KISIP Ressettlement Policy Framework (RPF) and involved a combination of literature review; census and socio-economic surveys, meetings with PAPs; key stakeholders interviews; Public consultative meetings; land and asset valuation; computation of resettlement implementation costs. Type and Scope of Impacts The total number of PAPs are 117, from this total male PAPs are 62 and femal PAPs are 55. Further, from the total number of PAPs 32 PAPs will loss structures while 85 PAPs will lose shelter (tenants), PAPs losing livelihood are 46. PAP information is detailed in PAP diagram Figure 0-0-1 below. PAP Diagram Institution 0 Figure 0-0-1: PAPs Diagram Public Consultations Initial public consultation was done with various stakeholders at different planning stages. A total of seven (7) meetings were held during planning for the settlement upgrading and ARAP preparation phase. The meetings targeted representatives of National and Kericho County Government, KISIP County Government representatives; Community members, SEC and Area chief. Besides planning issues, ARAP related issues emerged and were also discussed including declaration of cutoff date of 6h September 2016 in the planning meeting of 30*' August 2016. At the ARAP stage, one meeting was organized on 4 June 2018 with the PAPs where specific issues that related to them were discussed. The issues included; partial impacts on permanent structures, beneticiaries to the assets of the deceased, classification of foundations and brick walls, ownership of assets sold or purchased, rerouting of roads to minimize relocation impacts and plot ownership conflicts.2 Mitigation Measures Mitigation measures for adverse social impacts identified in this ARAP were mitigated as summarized below. (i) Loss of Structures will be replaced at full replacement cost, the owners will also be given three months' notice to remove the affected asset and the right to salvage materials. (ii) Loss of Rental Income: PAPs are entitled to three months' notice and a two month cash grant equivalent to average income. 2 These are grievance related and with the presence of a GRM, the issues were forwarded to SGRC committee for addressing and resolution viii TABLE OF CONTENTS LIST O F A BB R EV IA TIO N S ............................................................................................................. iv DEFINITIO N OF TERM S ....................................................RMS..................................................................... v EXECUTIVESUM M ARY .................................................SUMA...... .......................................................... vii TABLE OF CONNTETNTS............................................................................................................................. x LIST O F TABLE........................................................................................................................................ xv LIST OFFIGURES .......................................................OF.FIGURE....S..................-. .......................................... xvi 1. INTRODUCTION .............................................INT...RODUCTION........ ...................................................... 1 1.1 Background ............................................................................................................................. 1 1.2 Sw ahili V illage Inform al Settlem ent....................................................................................... 1 1.3 K ISIP Intervention in Sw ahili V illage....................................................................................2 1.4 Objective and Scope of this RA P............................................................................................ 5 2. LAND TENURE REGULARISATIO N AND TITLING PROCESS...............................................................6 2.1 Introduction............................................................................................................................. 6 2.2 Com m unity Sensitization and Pl arming Plhase...........................................*...-.-.,9....... .- 9 2.3 Preparing the B ase M aps ............................................................aps.-...... -.-.-..----.....9....****... 9 2.3.1 Identification of Perimeter Boundary and Existing Land Use......................................10 2.3.2 M apping of Structures................................................................................................... 10 2.3.3 Preparation of D igital M aps.......................................................................................... 11 2.3.4 Socio-econom ic Survey ................................................................................................11 2.3.5 Topographical Survey ...................................................................................................11 2.4 B aseM ap Preparation ........................................................................................................ 11 2.4.1 Preparation of Existing Land U se.................................................................................12 2.4.2 Preparation of Proposed Land use ................................................................................ 12 2.4.3 Selection of Suitable D celopment Option.........................................-1. 14 2.4.4 Proposed Infrastructure.................................................................................................15 2.4.5 Preparation of Final LPDP and Development of a GIS/LIS Platform..........................15 2.5 Preparation/ U pdating of Survey Plan..............................................................................16 2.6 Safeguarding the Settlement from Land Grabbing.........................................................17 2.7 Issuance of Titles and C om pensation ................................................................................17 2.8 Sensitization on Security of Tenure................................................................................... 17 3. POLICY, LEGAL AND INSTITUTIO NAL FRAM EW ORK ...................................................................... 20 3.1 Intr oduetion........................................................................................................................... 20 3.2 Supporting Principles............................................................................................................ 20 3.3 W orld B ank's Safeguard Policies ......................................................................................... 25 xi 3.3.1 OP 4.12 Involuntary Resettlement ..............................etlm--............................................ 25 3.4 Comparison between Kenya Legal Framework and World Bank......................................... 25 4. APPROACH AND METHODOLOGY..................................................*---.....................................28 4.1 Introduction ..........................................-.......-.-..........-........................................................... 28 4.2 L iterature R eview .............................-.....................--...........-................................................. 28 4.3 Stakeholder Consultation..............................................- ..-.- ............- ...- ........................ 28 4.4 Census and Socio-economic Survey..............................29..................................................29 4.4.1 C ut-off D ate ........................ate.... -..... --....... --...30........... ............................................. 30 4.4.2 Survey Process .................ocess-.................-..---..-.*.30.*....... ...........0 ............................. 30 4.4.3 Analysis of Surveys and Studies ...........................tudies.30.......................................... 30 4.5 Valuation of Assets and Livelihoods .................................................................................... 31 4.6 Inventory of Vulnerable Groups ................................roup.................................................. 31 5. PUBLIC CO NSULTATION..................................................-- ....--- ...--- ....-......*........ . . 33 5.1 Introduction.....................................- ...........-- ...........................................3 5.2 Objective of Consultative Meetings.................................--................................................. 33 5.3 Public Participation Schedule ..............................chedule..33................................................. 33 5.4 Community Meetings and Summary of Issues Discussed....................................................34 6. IMPACTS AND MITIGATION MEASURES......................................-37..........................................37 6.1 Introduction................d.u.cti..on.... ... ............................................................................37 6.2 Positive Im pacts............................-.........-.--.............-.-....-...-............................................... 37 6.3 Tenure R egularization.......................................--.........-- ............................- ............. 37 6.3.1 Infrastructure Improvement ................................prove-ment......-.-.-..-...--- ...*.....37..... 37 6.3.2 Im proved H ousing...................................- ....-.- .....-.-.----- .- ..- ........................ 37 6.3.3 Improved Environment Condition ................................................................................ 38 6.3.4 Advancement of Women Rights to Property Ownership..............................................38 6.4 N egative Im pacts.....p.......a.cts......................................................38................................'3 6.4.1 Type and Nature of Structures ................................................................................... 38 6.4.2 PAPs Losing Structures .............................ructures-..-.-.......................-..............40.........40 6.4.3 PAPs losing Livelihood ...........................velihood.40..-.................................................. 40 6.4.4 T enant PA Ps................................-....-.......-..*...--.--.-.--.*..*. ........................................... 41 6.4.5 Im pact on Vulnerability..............................................-41............................................41 6.5 Mitigation Measures ................................-easures.-...--...-.-----.41-...........................................41 7. SO CIO ECO N O M IC...................................................... ------. ----. ---.... ........................................... .42 7.1 Demographic characteristics of PAPs................................-.......42....................................... 42 7.1.1 Gender and Marital Status of PAP .........................AP.4.............................................. 42 xii 7.1.2 Average Age of PAP's Household Heads.....................................................................42 7.1.3 Educational Levels................................-.........--.42--..................................................42 7.2 Economic Situation..............................................-............... ..............................................43 7.2.1 Incom e Sources.............................us............................... ......................................... 43 7.2.2 Incom e Levels............................................................ ...............................................43 7.2.3 M onthly Expenditures..........................................-........... ..........................................44 7.3 Access to In frastructures.................................................. ..................................................45 7.3.1 Type of Toilet Used ................................sed.................. ............................................ 45 7.3.2 Solid W aste Disposal M ethod......................................thod........................................45 7.3.3 M ain W ater Source for the PAPs..................................................................................46 7.3.4 M ode of Transport ................................ansport............4... .............................................47 7.3.5 Disease Prevalence.......................-..........-.-..........-.----.. ---.-. -................................... 47 7.3.6 Vulnerability ...................................lnerability........ .......................................................47 8. ELIGIBILITY AND ENTITLEM ENTS...................................--............48.............................................48 8.1 Determination of Eligible PAPs.........................................................................................48 8.2 Cut-off Date...........te...........................-.....-.- ....----.-.----..48--- ...........................................48 8.3 M ode of Compensation......................................pensation..4.................................................. 48 8.4 Entitlement M atrix.....................................................-....-...... ............................................48 9. GRIEVANCE REDRESS M ECHANISM ...............................ECHANISM...5.... .......................................... 50 9.1 Introduction.......................................................................................................................... 5o 9.2 Grievance Redress Institutions/Structure.............................................................................. 50 9.2.1 Settlement Grievance Redress Committee (SGRC)......................................................51 9.2.2 RAP Implementation Committee.................................................................................. 51 9.2.3 Law Courts .............................Lw-r5.....................5.. ....................................................... 52 9.3 Grievance Procedures ................................ocedures....--........52.-................................................ 52 9.3.1 Procedure of Grievance Redress ..................................es.............................................. 52 9.3.2 Efectiveness of the Grievance Redress M echanism ...................................................... 53 9.4 M onitoring of Grievance Resolution ................................................................................... 53 10. INSTITUTIONAL ARRANGEM ENT AND IM PLEM ENTATION .......................................................55 10.1 Introdution............................................................................................................................. 55 10.2 Disclosure and Compensation............................................. ...............................................58 10.3 Notice of Demolition.....................................o-itio............................................................ 58 10.4 Gender Empowerment Initiatives ......................................................................................... 58 10.5 The Project Cost..........................................59.....................................................................59 10.6 Implem entation Schedule..................................................-..59............................................... 59 xiii 11. M ONITORING AND EVAALULATAIO ............................................................................................ 61 11.1 Introduction........................................................................................................................ 61 11.2 Objectives of Internal M onitoring......................................................................................... 61 11.3 R esponsibility ....................................................................................................................... 61 11.4 RA P M onitoring Plan ..................................................lan6.................................................... 6 11.4.1 Perform ance M onitoring...............................................................................................62 11.4.2 Im pact M onitoring ........................................................................................................ 63 1 1.5 M onitoring Indicators ........................................................................................................... 63 11.6 External Monitoring and Evaluation..................................................................................... 65 11.7 R A P A udit............................................................................................................................. 65 12. CONCLUTIONS AND COMMITMENTS,........................... ...* ' 67 12.1 C onclusion ..............................................clusion.67................................................................... 67 12.2 C om m itm ents.....i.t......m.e.....n.t.s....................................-...---......-...--.......-........-67......---.......... 6 A PPEN D IC ES .........................................................- - ............................................................................... 6 8 APPENDIX 1: PAPS COMPENSATION REGISTER (presented as a separate excel file) ..........................69 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR SWAHILI INFORMAL SE T T L E M EN . ................................................................................................................................. 7E0 APPENDIX 3. CUT-OFF DATE NOTICE ......................................................................................80 APPENDIX 4. CENSUS CHECKLIST ..........................................................................................132 APPENDIX 5: COMPLAINTS FORM FOR PROJECT AFFECTED PERSONS ...................133 APPENDIX 6: GRIEVANCE ACKNOWLEDGEMENT FORM..............................................134 APPENDIX 7: GRIEVANCE RESOLUTION AGREEMENT FORM ......................................135 APPENDIX 8: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE.........................................136 APPENDIX 9: CHECKLIST FOR FOCUS GROUP DISCUSSION..........................................144 xiv LIST OF TABLE Table 2-1: Stakeholders Cosultations and Engagement Meetings............................-...-..........-....--.-----.***.-.9.**9 Table 2-2: Proposed Land Use ............................se................................**** ...12 .......................12 Table 3-1: Legal and Policy Provision in relation to Resettlement ......................................................................21 Table 3-2: Comparision Between OP 4.12 and GOK laws on Involuntary Resetlement..............................26 Table 5-1: Public Participation Schedule..............................................-.. -.---.. -.-.. *................................... .33 Table 5-2: Summary of Issues Raised During Consultative Meetings.................................................................34 Table 5-3: PAPs Asset register Validation M eeting M eeting............................................................................35 Table 5-4: Table on Outcomes of PAPs Meeting ...................................eeting.36............ -***.............................. 36 Table 6-1: The Affected Struurctures.........3.9-- ----------------------- -3 Table 6-2: The Extent of the Imct ..........................................ct.......-..---..-.***39*.......-. 39 Table 6-3: PAPs Losing Strutrus4ctur..................................... 4 Table 6-4: PAPs losing Lveelihood4 .......................................... -..... --.. -.-.. --. ................... .................... .40 Table 6-5: Tenant PAP.41s....... ......................... .........-...--.....-..-.-.----.-..--.-........."....". 41 Table 6-6: V ulnerable PA Pss........................................................---..********..*............ Table 6-7:M itigation M easures for Negative Impacts.................................... -......................................... .41 Table 7-1: M arital Status of the PAPs ................................APs..................-..42-. **.--.*..................................42 Table 7-2: PAPs Education Level......................................-... --.... -----------.-.-.. ......................................... .43 Table 7-3: PAPS income Suurce................43--------------- -*----4 Table 7-4: PAPS Income Lvlvels.......4.4.......------------***--**-*** "4 Table 7-5: M onthly Expenditure on Rent............................................... ---44.-. ....................................... .44 Table 7-6: M onthly Expenditure on Food...........................................-....---- ..--- ..-----4---.* ........ 4 Table 7-7: M onthly Expenditure on Tptransport ................................................... ...................................... 4 Table 7-10: Solid waste disposal methods................................................. **.... ***. ...................................... .45 Table 7-11: M onthly W ater Cos....o..s.t....47----------*-----*----- --" " 4 Table 7-12: M ain M ode of Transport ...................................ransport.47....-.*.--* .-.-*.*.****..--.. 47 Table 8-1: Entitlem ent M atrix............................. -..-.. -.....-. -----.****.-.. ****4*.. ....................................... .49 Table 10-1: Organizations with Responsilities for RAP Implementation...........................................................55 Table 10-2: Implim entation Cost................................ -.................. -------. --. --. -**. ......................................... .59 Table 10-3: Implementation Schedule for the RAP...................................9........... ...................................... .59 Table 11-1: M onitoring Plaan................62--------------------- " " " " 6 Table 11-1: M onitoring Parameters and Indicators................................................3 ................................ .63 xv LIST OF FIGURES Figure 0-0-1: PAPs D iagram ............................................................................................................................... viii Figure 1-1: Location M ap of Swahili V illage K ericho County ..............................................................................2 Figure 1-2: Swahili V illage 1996 PDP before KISIP .............................................................................................5 Figure 2-1: Existing Landuse M ap of Sw ahili Village Settlem ent..................................................................10 Figure 2-2: Proposed Land U se............................................................................................................................ 13 Figure 2-3: Approved Swahili Village Informal Setlement Scheme LPDP..........................................................19 Figure 4-1: RAP Preparation Approach and M ethodology ..................................................................................32 Figure 5-1: Entry Meeting with Settlement Executive Committee of Swahili Village Informal Settlement, K ericho.................................................................................................................................................................36 Figure 6-1: PAP D iagram ..................................................................................................................................... 38 Figure 7-1: W aste W ater Disposal M ethods.....................................................................................................46 Figure 7-2: W ater Source................................................................................................................................... 46 Figure 9-1: Steps involved in GRM ...................................................................................................................... 54 Figure 10-1: Stakeholder Engagem ent Strategy ...................................................................................................57 xvi 1. INTRODUCTION 1.1 Background The Kenya Informal Settlements Improvement Project (KISIP) is a five year-project of the Government of Kenya (GoK), with support from the World Bank, through The International Development Association (IDA), the Swedish International Development Cooperation Agency (SIDA) and the Agence Frangaise de Development (AFD). KISIP has an overall objective of improving living conditions of people in informal settlements by improving security of land tenure and investing in infrastructure. KISIP is being undertaken in 14 Counties: Eldoret, Embu, Garisa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Malindi, Mombasa, Nairobi, Eldoret, Embu, Garisa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Malindi, Mombasa, Nairobi, Naivasha, Nakuru, Nyeri and Thika; Nakuru, Nyeri and Thika. KISIP was created in line with the mandate of the Ministry of Housing as spelt out in The Presidential Circular no. 1/2008 of May 2008. It is an initiative of the GOK aimed at redressing the uneven living conditions in informal settlements caused by past trends in urbanisation that were not matched by economic growth and provision of adequate housing and services. It is divided into 2 phases with four elaborate components that will lead to wholistic growth of the settlements.The first phase of KISIP was for a period of five-years (2011 to 2016) targeting 14 counties but working in 15 towns and cities in Kenya. The second 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 Swahili Village Informal Settlement Swahili Village Informal Settlement is located in Kericho Township Sub Location and Location, Kipchogor Ward in Ainamoi Constituency approximately 2.5km North West of Kericho Central Business District (CBD). It covers approximately 7.7 Hectares of land and is located on a public land owned by Kericho County. The population of Swahili Village based on census survey conducted in September 2016 is 2338 people with a population density of 304 persons per Hectare. The population is dominated by the male at 60% with the female forming 40% of the total number of residents. It houses approximately 897 households with average household beig 2.6. The main access route to the settlement is, from Nairobi Kisumu highway turn to John Kerich Road then to Mungoti Road which leads directly to Swahili Village. Swahili village was established about 120 years ago by settlers who moved into the area from Ethiopia, Tanganyika and local people form the surrounding areas of Kericho. This settlement was first surveyed in 1979 and 64 beneficiaries were identified but the land tenure was not secured. The income of residents of Swahili Village is low as established during socio economic survey and averages about Ksh 5,000.00- 10,000.00 per month.The main economic activities in the area include subsistence farming; small scale business dominated by retail shops, roadside food outlets and illegal brewers; green grocer kiosks operators; butcheries; tailoring; casual workers in construction and tea industries while girls of school going age move from one house to the other doing laundry works and other menial jobs to earn a living. Moreover unemployment among the youths is relatively high with very few residents employed in both Government and private sector. Other income generating activities include unsustainable livestock keeping of cows, donkeys & sheep, and poultry farming. . Legend LOCATION MAP OF SWAHILI VILLAGE INFORMAL SETTLEMENT swaniwagesememnt mum C.Nw Tmvnk Roads EJcounty soundw'y Kericho Sub Counties Kipkelion West Be_ Kpkelon Eat KipkeNion West owe4/Sof TSigoaet/soin i I:. 110-Settlemnt Figure 1-1: Location Map of Swahili Village Kericho County 1.3 KISIP Intervention in Swahili Village Swahili Village Settlement is located on public land with 21 residents having title deeds' and 46 have allotment letters. There was an exixting survey plan prepared in 1979 upon which the PDP was based. The Settlement PDP was prepared in 1996 and Letters of Allotments were issued. The PDP was officially endorsed by the Director of Physical planning (DPP) in March 6' 1996 but provision of s The 21 beneficiaries have title deeds and therefore were excluded from KISIP Component 2 - interventons in the planning area. Planning and Surveying activities did not take place on Private Land 2 MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) INTERNAL MEMO a To : National Coordinator From :Head, Component 2 Ref MTIHUD/HUD/SUD/8/21/VOL 5 (171) KENYA IN' PR)C (iASiP) P. 0. Box 30119 - 00100, NAIROBI Date :6th August, 2019 RE: RESETTLEMENT ACTION PLANS (RAPS) FOR KALOLENI, KAMBI SOMALIL MJINI AND SWAHILI VILLAGE INFORMAL SETTLEMENTS. MIHD1"K ISIP/CS005A/2013-2014 SIGNING OF SUBMITTED RAPS BY NATIONAL COORDINATOR We refer to the above referenced subject matter. The World Bank has approved 4 Abbreviated RAPs for Kaloleni, Kambi Somali, Mjini and Swahili Village Informal Settlements Located in Kisumu, Kakamega and Kericho Counties respectively prepared under Lot 4. The condition by the Bank for disclosure of the RAPs, is that the Consultant and KISIP should dully sign the reports prior to uploading to the Ministry website and World Bank Info shop. The purpose of this memo is therefore to infbrin you aid rcquct for your advice and signature before uploading the reports to the KISIP website and implementation. Gorge Arwa HEAD, COMPONENT 2 15 social infrastructure such as drainage, water and sewerage could not be implemented until tenure regularization was concluded. KISIP component 2 on enhancing tenure security led to preparation of a new LPDP that is envisaged to provide full security of tenure, required space for infrastructure upgrading and also promote sustainable land use. The previous PDP had been overtaken by time and events hence this new intervention. The preparation of LPDP followed several steps during the planning which included; introduction to the settlement, socio-economic survey, base map development, beneficiary verification, community visioning and development of LPDP, surveying and beaconing. Through these steps, Swahili Village Informal settlement has been planned to be upgraded into a sustainable, integrated and locally- appropriate as prescribed in the LPDP. The planning involved active participation, dialogue and a continuous engagement between community members and government authorities to ensure locally appropriate solutions for development of Kaloleni Informal Settlement which was not undertaken during the preparation of the previous PDP. The tenure regularization programme necessitates reclaiming wayleave from those who encroached. Several road alignments with cross sections ranging from 8 meters to 15 meters have been proposed based on Adoptive planning standards and projected future demand for both physical and social infrastniture Rervices while paying Rperial attention to minimization of displIcement impsntk The road re-alignment to accommodate the required infrastructure facilities resulted in impacts on people's livelihoods and strucures. KISIP intervention in the settlement impacted A total of 117 PAPs comprising of 32 structure owner PAPs and 85 tenant PAPs. The Number of structures affected are 34 while 66 PAPs were affected by livelihood loss. 3 Figure 1-2 below illustrates the PDP of Swahili Village Informal Settleemnt prior to KISIP intervention. Thus, to identify and mitigate these impacts, it was imperative that an ARAP be prepared based on the approved LPDP which identified the road networks and truncation points within the settlement. All measures were taken to minimize the adverse impacts and enhance project beneficial impacts. This was achieved through restricting the infrastructure within earlier designated road reserves to the extent applicable and therefore minimizing impacts on developable land. 4 Figure 1-2: Swahili Village 1996 PDP before KISIP 1.4 Objective and Scope of this RAP The main objective of this ARAP is to identify, list,quantify and mitigate all losses to PAPs (including vulnerable persons) assets, and sources of livelihoods as a result of the implementation of the new approved LPDP for Swahili Village in conformity with the GOK legal provisions and the World Bank OP 4.12 Policy on involuntary resettlement. The following are the tasks conducted during the assignment. . Community mobilization and sensitization of stakeholders in close collaboration with, KISIP National and County PCT tand eleAted eeru:mnity rprerentAti=': . Conducting actual census of the PAPs and undertaking socio-economic surveys based on agreed eligibility criteria, and in close collaboration with all stake holders; . Identification and analysis of nature of impacts on PAPs; . Establishing of the eligibility criteria for compensation; and preparing an entitlement matrix; . Valuation of assets at replacement cost; . Establishment of a monitoring plan for the RAP. This ARAP therefore is limited to the 117 PAPs consisting of 85 tenants and 34 structure owners. Out of the 117 PAPs, 2 PAPs were identified as vulnerable. The impacts were due to the planning and survey activities which necessitated road realignment consequently impacting to the PAPS. 5 2. LAND TENURE REGULARISATION AND TITLING PROCESS 2.1 Introduction The surveying, planning and tenure regularization exercise in Swahili Villavage Informal Settlement started with stakeholders and public awareness, consultations and engagement in 12' May 2016. The objectives of the exercise was community organization and mobilization, identification and delineation of settlement boundary, identifying and planning for road expansion, preparation of Local Physical Development Plan (LPDP), and issuance of title deeds to the beneficiaries in the settlement. Community sensitisation and consultations were realized through community meetings, focused group discussions, transect walks, participatory planning and mapping process. Public consultations and engagements were aimed at increasing the community awareness about the project, identifying wishes and interests of the different stakeholders, allowing stakeholders input in the planning, drawing consensus on a number of boundary, ownership and other zoning issues and enhancing project ownership thus ensuring the resultant plan reflected the community's wishes and is acceptable to the community. Table 2.1 below summarizes Tenure Regularisation and Land Titling Process in the settlement. Table 2.1: Tenure Regularization and Land Titling Process Stage Activities Primary Secondary Indicators Timelines Actor Actor Mobilization Community SEC County Equal Undertaken Stage mobilization KISIP Government representation in ntroduction of SEC composition KISIP activities in Community the settlement Welcomed the outlining the project as they have objective of been waiting on title planning and deed for a long survey which will time. lead to issuance of Community title deeds. committed to embrace and support the project until completion Planning Stage Base Map and Transect walks ommunity KISIP Base map for the Undertaken physical guided by SEC SEC County settlement Preparation beneficiaries onsultant Government Every Beneficiary is identified. enumerated existing plot Participation of boundaries form SEC ensured that basis for planning only members of and surveying the settlement are 100 % the Beneficiaries socioeconomic Beneficiary list survey of representative of beneficiaries w omen beneficiaries. Visioning and A community led Community SIP Active Women Undertaken 6 Stage Activities Primary Secondary Indicators Timelines Actor Actor Plan preparation visioning process SEC County participation in Community Consultant Government every planning prioritizes stakeholder accessibility meeting. Community Community endorse involved in road hierarchy for reparation of plan the settlement. that best represents Community aware their interests. of and endorse minimum reduction in plot sizes to provide accessibility and facilitate titling Plan Validation A community led Community KISIP Community Undertaken and Approval validation of plan SEC County approval of plan ensured community Consultant Government County and Directoi vision is of Physical represented Planning approval Community of Plan step towards endorsed and tenure pproved Plan regularization and Plan approved by issuance of titles county and Director of [Physical planning Surveying stage Surveying and Physical Survey of onimunity KISIP Women aware of Undertaken beaconing of Plots SEC County plot boundaries. Plots Women asked to b onsultant Government Impacts and PAPs present during documented xercise and shown boundaries of new plot where beacons have been placed. Idntification of-- impacts Validation of Every beneficiary Community County Women ensure Undertaken Beneficiary List allowed to SEC Government correct details are in scrutinize the Consultant the beneficiary list beneficiary list to KISIP and sign against the ensure correct details details have been input. Women encouraged to participate. Approval of Survey approval Survey of KISIP New RIM Ongoing Survey Plan and adjustment of Kenya forwarded to Registry Index Ministry of Land Map(RIM) to for Titling process. include individual surveyed Plots 7 Stage Activities Primary Secondary Indicators Timelines Actor Actor numbers RAP Preparation RAP Identified impacts Community KISIP Entitlements are Undertaken Preparation are as a result of SEC County given to mitigate planning and Consultant Government impacts survey are dentified, ocumented and mitigated RAP Approval Ensure client KISIP Consultant Approved RAP to Ongoing commitment to World Bank guide implementation of implementation RAP. process and All safeguards issuance of Titles provisions are met and addressed RAP Implementing RAP KISIP Consultant Facilitation of PAPs Not yet implementation activities as per Community GRM undertaken implementation County Issuance of Title schedule Deeds(undertaken after facilitation) Land Titling Sensitization on Registrar of Titles Registrar of County More women aware Ongoing Title owner ship Sensitizes Titles Government on Joint Titling Beneficiaries and Community Consultant Men allow for joint heir spouses on SEC titling with spouses. i) Joint Ownership KISIP Beneficiaries aware of titles of Benefits of the ii) Types of title being issued. registrations Beneficiary iii) Benefits of grievances the Titles adequately iv) Conditions addressed to be granted on leasehold Titles v) Law requirements in Regulation of land transactions Change of Beneficiary list ommunity County Increased number On Going beneficiary List open for final SEC Government on Joint Title change of names to Consultant between spouses appear in the title KISIP Beneficiaries on the final beneficiary list forwarded to the Ministry of Lands for Title printing. Titles Printing The final Ministry of Signed Titles are Not yet and Signing beneficiary list is Lands- Chief handed over to undertaken the basis of Land National Land printing of Titles Registrar ommission for Approval. 8 Stage Activities Primary Secondary Indicators Timelines Actor Actor Gazzettement The NLC approves National The names of Not yet transfer of Public Land Beneficiaries is undertaken and to individual Commission fficially published beneficiaries in the n the Kenya Settlement Gazette as individual title holders securing their tenure ssuance of Title Upon facilitation of NLC County Beneficiaries finally Not yet All PAPs, Titles KISIP have individual undertaken are issued to titles to their land. respective Tenure beneficiaries in a regularization is Public event. 1complete 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 the settlement . This was aimed at informing community members and relevant stakeholders about the anticipated planning exercise and surveying of the Settlement. I he schedules of the meetings held is saiunau ed in Tablk 2-1 be1aw. Table 2-1: Stakeholders Cosultations and Engagement Meetings No. Date Venue Type of Meeting A General Stakeholders Consultative Meetings Conducted 1 30' June 2016 Mjini Primary School Entry Baraza at settlement Kericho 2 8' August, 2016, Church Hall Kericho 1St Technical Stakeholders Workshop 3 9' August, 2016 Mjini Primary Sch. 1St Community Stakeholders Workshop Kericho 4 13' August, 2016 Church Hall Kericho 2nd Technical Stakeholders Workshop 5 131 September, 2016 Mjini Primary sch.2nd Community Stakeholders Workshop Kericho 9th6 9 November 2016 jini Primary Sch. Public Baraza for Cadastral Survey & ID Kericho Distribution .._ PAPs Meeting 1 41 June 2018 Mjini Primary Sch. PAPs meeting for Validations PAPs register and Kericho discussions on entitlement matrix A total of 7 meetings were conducted at different stages of the Project. 6 meetings were specifically during planning and survey activities while 1 additional Meeting was held during ARAP preparation stage. 2.3 Preparing the Base Maps The preparation of the base maps involved several steps as explained in the following subheadings. L 9 2.3.1 Identification of Perimeter Boundary and Existing Land Use In the settlement, the assignment began with Identification of perimeter boundary of the settlement with the assistance of the community, members represented by (Settlement Executive Committee (SEC) and County officials. The perimeter boundary of Swahili Village 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 7.70 Ha. The community was involved through a series of public awareness meetings(see Appendix 2) to discuss the boundaries and give comments. After this exercise, the next step was to map all the existing structures. Existing land use map of Kaloleni Informal settlement is provided as Figure 2-1 below. I Swahili Village Infornmal Settlemnent Land Use Aean (Ha) I Existing Land Use Residential 3.21 _________________________Educational 0.31, Public Purpose 0.17 Commercial 0.16 Mixed Use 0.29 Un developed Land 1.78 Figure 2-1: Existing Landuse Map of Swahili Village Settlement 2.3.2 Mapping of Structures Mapping of Structures of the settlement was then undertaken by dividing the settlement into two portions/blocks (A, B) for the purpose of enumeration and mapping of all the structures in the 10 settlement. Each structure was then allocated a unique reference number, for example SWA/A/1 - first structure within mapping block "A". For each structure, the following details were recorded: . Use of structure, e.g. residential, commercial, public utility, etc. . Nature of structure, e.g. permanent, semi-permanent, . Type of structure, e.g. single floor, multi-storey . Coordinate I.D. - a unique number linked to the UTM coordinates (X,Y) of the structure. These coordinates were measured with handheld GPS equipment whose positioning accuracy is at sub- metre level. 2.3.3 Preparation of Digital Maps All available survey plans and Registry Index Map (RIM) sheets were collected from Survey of Kenya and the Kericho County survey office. A copy of the 2011 PDP was obtained. The purpose was to prepare digital base Map and other maps for overlay to the final preparation of the LPDP. The purpose was to prepare digitized Maps for overlays for final preparation of the settlement. 2.3.4 Socio-economic Survey Socin-economic survey, mapping of the settlement and its habitat was then undertaken and the end result of the assignment was: . Identified, enumerated and verified list of beneficiaries; . List of all existing structures within the perimeter of the settlement; . Details of use and nature of the structures; . Lists of numerated structure owners and tenants and their households; . Issuance of the identification cards to the enumerated persons. 2.3.5 Topographical Survey It is imperative that the horizontal accuracy of the base map matches that of the cadastral surveys which was carried out upon completion of the planning process. In order to ensure such accuracy, control points indicated on the acquired survey plans were searched for and recovered. The recovered control points (Iron Pins in Concrete Underground) were used to establish new controls (IPCUs New) for use in topographical suivey as well as subsequent eadatral surveys. In the absence of a nearby national benchmark, one of the control points was given an arbitrary elevation as datum for height observations. Both Real Time Kinematic (RTK) GPS and Total Stations equipment were used in carrying out the topographical survey The following features were surveyed: buildings, existing roads, lanes and pathways, trees, power lines, drains, water points and any other natural or man-made feature pertinent to the project at hand. Contours were generated at lm intervals. Slope rises from the south-east to the north-west part of the settlement. 2.4 Base Map Preparation The culmination of the above steps was to enable prepation of the base map which would later be used for the subsequent physical planning of the settlement. A digital base map of Swahili Village Informal Settlement was prepared based on the overlaying of: a) Existing PDP; b) Existing and authenticated surveys within the settlement; c) Existing surveys which have been submitted to Director of Surveys but are not yet authenticated; d) Structure location data; e) Topographical features; f) Contours. Transect walks with SEC members enabled verification and delineation of the settlement boundary and also to identify open spaces and public assets. The overlay and ground truthing enhanced the correction of incoherence between the Old PDP 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 use including the following: residential use, commercial use, transportation, mixed use, educational use, public purpose, public utilities, park and open space/ recreational areas, un-development land and industrial use. All the available uses from the list above were explored and noted for each land parcel on base map of existing land 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 of Proposed Land use After analyzing the existing land use of Swahili Village, the proposed land use was carried out considering the ground situation and future status of the settlement as a high rise residential estate. Table 2-2 and Figure 2-2 below shows the Proposed Land use types. Table 2-2: Proposed Land Use Proposed Land Use Area (Ha) Percent (%) Area Residential 4.34 56 Educational 0.31 4 Public Purpose 0.27 4 Commercial 0.16 2 Iuspuitation Netwik 1.81 24 Mixed Use 0.81 10 Total 7.7 100.00 12 Swahili Village Informal Settlement Proposed Land Use EPcational Landd Use Public Purpose Residential Transportation Networ 0 20 . sW Figure 2-2: Proposed Land Use 13 2.4.3 Selection of Suitable Development Option The following three development options were explored for Swahili Village informal settlement: Replanning Option 1- As is situation: This option assumes that development will happen without any intervention of infrastructure and services in the settlement. If this option is followed then the current gap of infrastructure and services will further increase with the increase of population in future and settlement will remain without the land tenure security. Replanning Option 2- Ideal Situation: The ideal option assumes to create the ideal condition of development in the settlement by providing wayleaves and road reserves for future infrastrure development along with land tenure security. Under this option all requirements of people are assumed to be met to provide the ideal living environment in the settlement. Replanning Option 2- Adoptive Planning: This option assumes the all-round development of settlement considering the ground situation in terms of what is feasible and what is not feasibility. This option also give due consideration of community sensitivity about the development. After analyzing the key features of 3 different options, the option 3 has been selected for Swahili Village 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 schools as indicated land use map figure 2.2 is available and the title deeds for the institutions will be issued to the County Government. The road reserves are narrow in the settlement, however, through adoptive planning, accessibility to all plots was achieved * Through adoptive planning, the wayleaves and road reserves for infrastructure services have to been provided provided, this was achieved through consultation with the community members at all stages of planning. * Under the selected scenario 3, there will be delay in achieving the minimum road width. However, the LPDP has provided for development control to be implemented by Kericho County, through this initiative easement width will be acheived 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 2016 LPDP has been prepared to update the current 1979 PDP. 14 2.4.4 Proposed Infrastructure The infrastructure proposal of each sector was planned based on the existing gap and the future gap. These sectors include: Transportation Network, Water Reticulation, Sewer Reticulation, Storm Water drainage, Solid Waste Management, Street Lighting, and Fire Hydrant. 2.4.5 Preparation of Final LPDP and Development of a GIS/LIS Platform In addition to the existing land use, a list of beneficiaries was prepared and also digitized into the base maps. A database was prepared which links the beneficiary list with plots and hence the rest of the plot-specific spatial information. The resulting GIS/LIS platform will be enriched with parcel data upon finalization of the cadastral survey procedures. Thus, in addition to the layers/infomation already listed previously, the following info was included in the GIS/LIS system: * Parcel numbers and their areas; * Beneficiary/owner and particulars thereof; * Title references; * Land use; * Topographical data; " t hematic data. The core objective is to regularize the settlement and assure land tenure security by refining its layout in terms of road network for efficient use of land and reticulation of services with minimal demolition/displacement in accordance with the aspirations of the residents. The primary considerations for deciding the spatial structure of the settlement are to meet the demand of current and future needs, circulation network, green and open spaces. Thus, the LPDP focuses on following aspects: * Promoting balanced growth; * Making provisions for basic infrastructure and services and promoting nonconventional energy sources; " Enhancing non-motorized and pedestrian circulation and providing free access to all the plot in the settlement; * Improving loc l economy and lhAng qtqndard; * Integrating the settlement plan with town plan; and " Facilitating processing of lease hold titles. a. Final Development Plans Preparation Before the submission of the final LPDP, SWOT analysis was undertaken. It involved reshaping and concretizing the vision for the LPDP with involvement of identified stakeholders as well as restating the goals and objectives of the LPDP where found necessary. Key activities undertaken at this stage included: * Further verification of land ownership details; * Alternative planning scenarios and concepts developed; * GIS Mapping of plan proposals; * Formulation of alternative development models; * Stakeholders presentation and invitation of public comment * Selection and revision of most preferred model; * Development of Strategies/Concepts for various LPDP components. 15 The approved new LPDP will benefit 46 beneficiaries owning 38plots, out of which 8 are owned by female, 30 are owned by male and 8 are co-owned. b. Approval and Gazettement of the Final Local Physical Development Plans The plan was presented to the County Government for invitation of public comments on the Final Draft Plan. On expiry of the 60-day period provided by the Physical Planning Act for submission of such comments, the Kericho County Assembly published the Development Plan for Swahili Village Informal Settlement, which became the legal documents guiding and controlling development within the settlement. The approved Plan has full force and effect in its area and every person shall comply with it. 2.5 Preparation/ Updating of Survey Plan a. Collection of Existing Survey Plans and other Data Survey Data was obtained from the Director of Surveys (survey plans for neighbouring surveyed properties) to be used as the datum for the new survey. survey controls will act as the datum for the new survey. b. Selection of Locations for Establishment of New Survey Control Points Locations were selected for establishment of new control points throughout the project area to serve as framework for the new cadastral survey. All the selected control points' locations were inter-visible from one another. These controls (I PCU) were monumented using a cantered Y12 twisted bar (2 75fmM in conr M (20 x 200 A 366nnn deep). c. Theoretical Computation Using the approved development plan theoreticals were computed which resulted in coordinates of the corners of the boundaries of the informal settlements as well as the new sub plots. The theoreticals were computed with strict adherence to the survey regulations. These theoreticals were then used in the subsequent placing of the corner beacons of the individual properties. d. Establishment of New Survey Ground Controls by Traversing Using "1" reading Total station, traverse(s) starting were placed and closing on the identified existing survey ground controls/corner beacons. The traverse(s) observations were adjusted as per the Survey Manual and more specifically using Bowditch method. An accuracy of not less than 1: 10,000 were maintained. The traverse(s) were reduced so as to obtain the horizontal (X, Y) coordinates. The reduction were from the known corner beacon and closing to the other known corner beacons. A list of coordinates for the traverse points were then obtained. 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. L 16 L 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. h. Preparation and Submission of the Survey Plan and the Survey Report to Director of Surveys The survey plan(s) were prepared and compiled on acceptable and appropriate scale and survey report together with field notes (as per the existing survey regulations) and submitted to the Director of Surveys for checking and approval. After approval by the Director of Surveys, the director will prepare the Registry Index Maps (RIMs) for Kaloleni settlement. The RIM show all the surveyed plots with their unique plot numbers and will be accompanied by an area list showing the acreage for each plot surveyed. The director of surveys will then sign and seal the RIM if satisfied that it meets the requirements of the existing survey regulations. 2.6 Safeguarding the Settlement from Land Grabbing During the planning, surveying and identification of of beneficiaries in Swahili Village Informal Settlement, land grabing and impersonation was 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 prior to which the occupation or use of the project area makes residents/users of the same eligibilityto be categorized as PAPs and be eligible to Project entitlements.The establishment of the eligibility cut-off date was intended to prevent the influx of ineligible non-residents who might take advantage of Project entitlements. During further verification of land ownership details, the PAPs were asked to identify their neighbours so as to avoid unkowned people benefiting unfairly. 2.7 Issuance of Titles and Compensation The issuance of titles will be the next process in this tenure regularisation process. This will be concurrent to the payment of facilitation/compensation to PAPs so as to encourage them to move and clear from the road reserves. However, it is important to note that 21 persons in the settlement have title deed therefore were excluded from planning and survey activities of KISIP component 2. 2.8 Sensitization on Security of Tenure More community sensitisation on land title deeds will be undertaken to make sure that members understand the range of opprotunities that come with tenure security. Community sensitisation meetings will be a continuous activity to raise awareness and educate women on their rights to land, property and decision making. Specific sessions will be designed for women, and women-specific awareness campaigns rolled conducted as well as campaigns explaining the law with regards to women's land and property rights. Also equally important is to educate men - about their rights and responsibilities as property holders and the rights of their wives, sisters and daughters. Husbands may be willing to put their wives' name 17 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 Swahili Village Settlement residents will be issued with leasehold since the plots are in the urban centre. Private land owners have absolute proprietorship and the rights of exclusion except in cases of compulsory acquisition by the Government, as outlined in sections 107-120 of the Land Act, 2012.[14]. Community land consists of land legally registered to a group, transferred to a community through a legal process, or declared community land by an act of Parliament, as well as lands traditionally occupied by huntergatherer communities, lands held, managed, or used by specific communities as "forests, grazing areas, or shrines", and land held in trust by a county government for a specific community. The titles for privately owned land can be registered as: * Single/Sole Ownership whose transfer to the rightful beneficiary is lengthy and costly in case of death to a family member whose name appear on the title. * Shared Ownership where two or more (max 5) people's names are on the title -when husband and wife's name are on the title its joint ownership. This is the form encouraged by KISIP where the demise of one person leaves the other automatically as the documented benefiary. Note that- Kenyan law recognizes joint tenancies and tenancies-in-common, with joint tenancy only available between spouses. Under joint tenancy a surviving spouse is entitled to the entirety of the ~poprty; the I=and Registmfitt Aet ead Land Act pre3ide ha on tha death of a joint tenant the deceased's name will simply be stricken from the register if a death certificate is produced. Property obtained during the marriage for co-ownership and use by both (or all) spouses is presumed to fall under joint tenancy, although the presumption may be rebutted with evidence the property was intended for sole ownership. From this information an LPDP (Figure 2-3) below was created with the aim of tackling urban decline and to improve quality of the built environment and quality of life. 18 Proposed Swahili Village Informal Settlement Scheme - Kericho CounY Figure 2-3: Approved Swahili Village Informal Setlement Scheme LPDP 19 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Introduction This chapter gives a description of the Laws of Kenya whose requirements were reflected upon in preparation of this RAP report. In addition the chapter also describes the provisions of WB OP 4.12 pertinent to the project and draws 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 Swahili Village Informal Settlement. The activities of planning and tenure regularization will trigger impacts on peoples' assets and sources of livelihoods. Land acquisition is not envisaged for this settlement as it is located on public land and no PAPs will lose land they are currently occupying. 3.2 Supporting Principles In approaching rehabilitation assistance within the KISIP project, the 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, this project implimentation is firmly anchored on principles aimed at mitigating displacement impact as follows:- * Minimization of Displacement as described by KISIP RPF; * Enhancement of benefits and Livelihood Restoration. * Assistance to vulnerable groups. * Gender Empowerment and Inclusivity * Continous stakeholder consultations In order to mitigate the negative impacts of displacements of affected persons, Government of Kenya and the World Bank have prepared guidelines and safeguard policies to cushion people from the potential negative impacts of forced displacements as summarized in Table 3-1 below 20 i i г'` � �. �' > � � � ° о .� � ° с � � � N � л r-� О .� 4� bA гл bA b0 р, и ��� �' � Ф С ед • � ��" �+ .� N С� и v •� � > '� и � �' ° � 'а 'д ^О � . о .b р"' • ,е? еб ^' � � � � � й `n сСд , � � й с�б � � ° � V +-и. 0 О 'b ^oR � С�. О � N й о о•и ,� �❑ � пS G, � �� О. 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О � � Q' N ° ,Z 'д � � 0.� v д r..� р О и•� а с � .о д�.° U с� 3 _ � о. � о �' й � � � � о � д � � � � >, о ° ,-N-� °� �.,� s.�, • у" у �° U N� и Гs. � а � о � � с°� ?� � �_. � � -b � � о � о о о � о ч., о 3.3 World Bank's Safeguard Policies The World Bank's Safeguard policies are designed to help ensure that all projects proposed for Bank financing are environmentally and socially sustainable. These operational policies include: environmental assessment; natural habitats; pest management; cultural heritage; involuntary resettlement; indigenous people; forests; safety of dams; projects on international waterways; projects in disputed areas. 3.3.1 OP 4.12 Involuntary Resettlement The objectives of this resettlement plan reflect the principals contained in the World Bank policy document, OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations involving involuntary taking of land and/or other assets. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Specifically, OP 4.12 states that project planning must avoid and minimize involuntary resettlement, and that if people lose their homes or livelihoods as a result of such involuntary resettlement, they should have their standard of living improved, or at least restored. It promotes participation of displaced people in resettlement planning and implementation. The OP 4.12's key economic objective is to assist displaced persons in their efforts to improve or at lengi reqtnre fheir innnmeq and standards of living after dis-placement. The 12olicy prescribes compensation and other resettlement measures to achieve its objectives and requires that implementers prepare adequate resettlement planning instruments prior to appraisal of proposed projects. According to OP 4.12, any World Bank assisted project/program must comply with the provisions of OP 4.12 for impacts associated with displacement. In relation to KISIP, this policy covers direct economic and social impacts that both result from World Bank assisted projects, and are caused by: (i) relocation or loss of shelter; (ii) loss of assets or access to assets and services; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Table 3-7 below proiddes 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. 3.4 Comparison between Kenya Legal Framework and World Bank A comparision between Kenyan Laws and The OP 4.12 is illustrated in Table 3-2. Also recommendations regarding the regulation to be adopted has been clearly stated. It should, however, be noted that Incase of conflict between The Kenyan Lwas and The OP 4.12, the provions in the OP 4.12 will prevail. 25 Table 3-2: Comparision Between OP 4.12 and GOK laws on Involuntary Resetlement WORLD BANK OP 4.12 KENYAN CONTEXT GAP FILLING I I MEASURE GRM For physical resettlement, appropriate Land Act 2012 clearly outlines the Adopt both and accessible grievance mechanism steps and process for grievance Kenyan legislation will be established. redress that includes alternative and World Bank. dispute resolution, and is backed by the judicial system through Environmental and Land Court Act ELIGIBILITY CRITERIA Determined by: The Land Act 2012 provides that a) 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 nlan. this is public land while the aim Uf 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. FACILITATION/COMPENSATION:and the preferred mode Cash based compensation should only Land Act 2012 prefers mode of cash Adopt cash be made where (a) land taken for the compensation by the Government to payment since project is a small fraction of the the affected population. there was no land affected asset and the residual is take economically viable; (b) active markeLts 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 viable, compensation and assistance must be provided as if the entire asset had been taken. Recommentds preparation of the RAP The Land Act, 2012 is not specific Adopt World Bank 26 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 DISCLOSURE AND CONSULTATION The resettlement plan or resettlement Article 35 of the Constitution Adopt both The policy framework includes measures to and Section 96 of the County World Bank OP ensure that the displaced Government Act, 2012 provide 4.12 and Kenyan persons are forthe right to access of 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 legislation particular on involving vulnerable and and World Bank. marginalized as well as women in the For involvement of process vulneabl and The policy also provides for public women, the OP disclosure of information related to the will be applicable Project during such consultations 27 4. APPROACH AND METHODOLOGY 4.1 Introduction The preparation of Swahili Village ARAP was guided by KISIP Resettlement Policy Framework (RPF). The RPF highlights participatory approaches and methodology for the preparation of ARAPs studies and key components to be included in the ARAPs e.g. provision of socio-economic baseline information, policy, legal and institutional framework, grievance redress mechanism, public consultation, census of Project Affected Persons (PAPs) and assets, entitlement matrix, implementation schedule, budget, and monitoring and evaluation. A variety of methods and approaches were applied to ensure that all eligible PAPs were duly identified for compensation and supported for livelihood restoration based on verifiable socio- economic and demographic information collected through census and socio-economic Survey as well as formal and semi-formal discussions. Correctly identified, structures and assets impacted by the project were identified and the ownership information digitized for future reference. 4.2 Literature Review Some of the documents reviewed include: * Kenya Vision 2030 is a comprehensive national development plan for the period 2008 to 2030. * Environmental and Social Management Framework (ESMF) which provides a framework for identification and mitigation of potential environmental and social impacts arising from any KISIP project intervention. The resultant impacts necessitated preparation of this RAP report to guide the mitigation of socio-economic impacts. * Socio Economic Report for Kaloleni 2016 prepared as part of this consultancy covering the settlement and thus provided baseline information for design and monitoring project interventions and impacts. 4.3 Stakeholder Consultation The Kenyan Constitution confers powers of self Governance to the people and emphazises on their participation in the exercise of the powers of the state and in making decisions affecting them. The engagement of stakeholders has been continous from project inception, during planning and will continue to implementation and the post implementation phases. Thus public participation is a fulfillment of the constitutional requirement. In addition, World Bank stipulate that any displaced persons should be provided with timely and relevant information, and offered opportunities to participate in planning, implementing and monitoring the resettlement process. Initial public consultation was done with various stakeholders at different planning stages. A total of seven (7) meetings were held during planning for the settlement upgrading and ARAP preparation. At planning level, The meetings targeted representatives of National and Kericho County Government, KISIP County Government representatives; Community members, SEC, chief. Besides planning issues, RAP related issues emerged and were also discussed including declaration of cutoff date of 6' September 2016 in the planning meeting of 30th August 2016. At the RAP stage, one meeting was organized on 4th June 2018 with the PAPs where specific issues that related to them were discussed. The issues included; partial impacts on permanent structures, beneficiaries to the assets of the 28 deceased, classification of foundations and brick walls, ownership of assets sold or purchased, rerouting of roads to minimize relocation impacts and plot ownership conflicts'2 4.4 Census and Socio-economic Survey Prior to the survey, census survey team was constituted and was comprised of consultants, enumerators and SEC representatives. The team members were identified and trained on Census and socio-economic survey process; introduction to the KISIP project, guidelines on how to interview potential PAPs and how to capture asset and socio-economic survey information. The two surveys were done co-currently. The survey gathered details on impacted assets as well as social economic aspects. The purpose of the survey was to: * To register the affected persons' affected assets, ownership of assets, business or livelihood activities and also collect basic social economic information of the PAPs. Such documentation is important to ensure all potentially affected persons and assets are included; * To conduct an assessment of the anticipated impacts on affected assets and PAPs livelihood sources; * To establish a list of legitimate PAPs before the project's onset so as to counter spurious claims from those moving into the project area solely in anticipation of benefits; * To provide a baseline information for subsequent monitoring and evaluation of socio economic par.meterg Data collection tools which included the Asset Register and the social economic tools were prepared which were used in training of survey assistants. The asset register tool captured the following information: * Types / categories of affected assets, * Construction materials used, * Use of the assets; * Ownership of the assets, * Livelihood losses; and " Vulnerable persons affected by the proposed project interventions; * PAP's personal information. The social economic tool focused on the following social aspects: * Average age of the PAPs; * Gender; * Education levels; * Disease prevalence among PAPs; and " Income and expenditure levels. After training, the survey tools were subjected to field testing with enumerators piloting tools in pairs with the guidance of the project valuer and the consultants. The asset register and the social economic tools that were used for data collection are attached to this report as Appendix 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 (appendix 3) was done through letters that were distributed through the chief and the SEC members who made announcement on the declared cut-off-date. 12 The issues were forwarded to SGRC committee for resolution 29 4.4.1 Cut-off Date KISIP Resettlement Policy Framework describes the cut-off date as the date of completion of the socio-economic survey/census and asset inventory of PAPs.13 During the consultative meeting with the PAPs, the cut-off date of 6' September 2016 was publically announced in the planning meeting of 30' August 2016. The SEC members were requested to pass the message to those not present during the meeting. Persons entering and/or occupying land in the project area after this date and were not and will not be included in the inventory of eligible PAPs for facilitation. Similarly, fixed assets such as structures, constructed after the cut-off date will not be compensated. 4.4.2 Survey Process PAPs census and socio-economic survey was conducted at 100% between 5d -6th September 2016. The data collection methods included use of self-administered questionnaire, formal and informal interviews with PAPs. During the census, survey assistants with the help of SEC members confirmed authenticity of Project Affected Persons (PAPs) and registered them using the register consisting personal details, structure number and asset ownership details and a unique serial numbers attached to respective assets. The PAPs were also required to provide copies of their IDs and related plot ownership details. Coordinates for stall were also tat-en PAP registration and mapping was followed by a socio-economic survey. After registration, the PAPs took passport size photos within the SEC to support identification details. Photography experts were enlisted to take photos and reconcile them with the given serial numbers. Photographs of the structures were also taken. 4.4.3 Analysis of Surveys and Studies Socio-economic data was entered into the computer data base, cleaned, organized and analyzed using the SPSS while the census data was analyzed using Microsoft Office Excel and the information presented in tables, chats and other modes of presentation as presented in the RAP report. An inventory of affected structures was taken to determine the number of structures affected, their descriptions and size of the structue. A number of sfactures inluding 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 benefiaciary. 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. 13This date was adopted as provided by KISIP RPF, however as guided cut-off date for future RAPs will be declared before census as provided by OP 4.12 30 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 implication of shifting the affected structure to another point away from the way leave. 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 one time cash payment shifting allowance. Loss of business livelihood will be compensated as 1 month cash grant equivalent to 1 month income, KISIP Resettlement Policy Framework provides for two weeks cash grants which is inadequate to restore PAPs business. The tenants PAPs will be entitled to two months payable rent allowance and KSHs 5,000.00 one time shifting allowance. In addition all PAPs will receive a three months' notice for self demolition and right to salvage prior to County demolision 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 were 2 vulnerable PAPs who included. * One Physically disabled * One Elderly. The Figure 4-1 below Summarized Census & Socio-economic Survey Approach and Methodology 31 Literature Review of ARAP/ Socio- economic relevant StakeholdersConsultati ve Meetings Cut-Off Date (when the surveys were concluded Census Survey /Inventory Socio-Economic Survey preparation for PAPs Profilling Valuation of Analysis/Profilli Affected Assets A s ng of PAPs RAP Report Finalized Figure 4-1: RAP Preparation Approach and Methodology 32 5. PUBLIC CONSULTATION 5.1 Introduction During RAP preparation process, extensive consultations with the PAPs was undertaken. The mode of stakeholder engagement was through public meetings (barazas) organized through the Settlement Executive Committees and the County KISIP Teams at settlement and County level respectively. A diversity of stakeholders including the affected persons were consulted in pre-arranged public meetings held at the settlement while other County Government staff consultative meetings were held at County Government of Kisumu (CGK) Offices. 5.2 Objective of Consultative Meetings The consultative meetings were intended to achieve the following objectives: a) To disseminate information to stakeholders to avoid misunderstandings about the proposed project/development that would derail project implementation; b) Involvement of the PAPs to ensure their views and concerns were adequately addressed prior to RAP implementation; c) Determination of genuine PAPs, anticipated project impacts on their assets and livelihoods; and their involvement in key processes of census and suial eon sui d) To discuss entitlement and adequate compensation for affected assets as provided by Laws of Kenya and WB OP 4.12; including providing an opportunity for the community to propose the most appropriate mitigation measures for asset and livelihood losses; and Promote ownership and enhance social acceptability of the project; 5.3 Public Participation Schedule Public participation in Swahili Village Informal Settlement was conducted as indicated in the schedule summarized in the Table 5-1 below. Table 5-1: Public Participation Schedule Type of Stakeholder Who Participated Date Objective of the Meeting Meeting Community * Communty Members 30" june sensitize thomnuiity On th0 Baraza * National Government 2016 proposed project and various .CGK stakeholder's involvement * KISIP 1st Technical = National Government 81 August, Settlement boundary was Stakeholders * County Government 2016, confirmed by the SEC and workshop * KISIP consultants. In the meeting . SEC members community visioning was undertaken 1 t Community * National Government 91 August, The LPDP was validated and Consultative * CGK Representatives 2016 community requested for fair workshop * KISIP process to meet aspirations of the * Chief residents. * SEC members nd Technical * Kericho County Government 30' August, Community accepted the Stakeholders * KISIP 2016 findings of social mapping, workshop * SEC members groups environmental and social * Community screening Declaration of Cuttoff date of 6" 33 September 2016 2nd * National Government 13' Cultivate support of relevant Community * CGK representative September, government departments and Consultative * KISIP 2016 share various roles that lie within workshop * SEC members their mandate * Community members PAPs Asset * National Government 04/06/2018 presentation of ARAP finding to Register * CGK PAPs and discussion on way Validation * KISIP orward Meeting * SEC Members * PAPs 5.4 Community Meetings and Summary of Issues Discussed The whole process of planning and regulation was consultative at all levels of the process e.g base map preparation, community visioning, plan validation. To validate the outcome of the mile stones where by workshops were conducted with the community members and stakeholders. A total of 6 meetings were conducted at planning phase and 1 meeting ARAP preparation phase. On the other hand, one PAPs Meeting that targeted only PAPs was held. During this meeting PAP issues were explored in details and the Asset Register was validated. Breakdown of meetings conducted for various stakeholders is shown in Table 5-2 below. Table 5-2: Summary of Issues Raised During Consultative Meetings Meeting Date Participants Key Issues Response Session M -Total Entry 301 June * Community 33 13 46 Conflict over Disputed land or affected barazas 2016 Members assets for property to be resolved by * National deceased affected with the help of the Government SEC. * CGK * KISIP For the instances where the owner of the land passed away after cut-off date the process of succession can be initiated Next of Kin will get the Title Deed 1St 8' August, National 21 5 26 Conflict over The Tittle Deed to be under Technical 2016, Government assets for the diseased and family to file Stakehold * County deceased succession ers Government workshop * KISIP * SEC members 1st 9th August, *National 68 15 83 Lack of harmony The plot owners to produce Communit 2016, Government on recorded plot ownership documents and y *CGK nos. in allotment follow up with municipal Consultati Representatives letters and office for correction to be ve * KISIP records by effected workshop * Chief municipalities * SEC members 34 2d 30h * Kericho County 25 25 Allocation of SEC had allocated the plot to Technical August, Government unoccupied plot a needy old woman Stakehold 2016 * KISIP No. 46. ers e SEC members The list was read again and orkshop Lack of clarity disputed plots Nos. Corrected on plot ownership/benefi The list was collected guided ciaries by produced documents Omission of plot Cuttoff date of 6' September Nos-68 was declared 2d 13* *National 51 18 69 Lack of clarity The list was read again and Communit September Government on plot disputed plots Nos. corrected y , 2016 9 CGK ownership/bene Consultati representative ficiaries ve * Consultant The area under public workshop SEC members Lack of open facilities can also be used for * Community space for recreation members recreation In addition to the consultative meeting, a meeting was held with PAPs on 4' 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 andl were addressed as summarized in the Table 5-3 below while Table 5-4 presents details of the issues specific to RAP that were discussed during the meetings. Table 5-3: PAPs Asset register Validation Meeting Meeting . Meeting Date Participants Key Response Session M F Total issues PAPs Asset 04/06/2018 * National 23 7 30 Additiona No new PAPs will be added Register Government 1PAPs to the list after those Validation * CGK recorded by Cut-Off Meeting * Consultant Date.that was adopted to be (KISIP) 6' September 2016 * KISIP * SEC Members * PAPs 35 Table 5-4: Table on Outcomes of PAPs Meeting Sr. Emerging issues Responses 1 Demolition of permanent ARAP has provided adequate compensation to all structures structures partially impacted that will be impacted by the project, all PAPs who will lose their structures will be paid their entitlements prior to demolition. 2 Conflict over assets for Plots that had conflicts was categorized as disputed and the deceased. parties were referred to SGRC for amicable resolution. Transfer of ownership would only be possible after the title deeds had been processed and issued. 3 Classification of foundation The assets will be classified aspermanent structues which will and walls made of bricks be compensated at full replacement cost, PAPs will be impacted by the project allowed to salvage construction materials 4 Ownership of plots sold or The title deeds would only come with names of people who acquired through purchase were captured in the list of beneficiaries that was submitted and signed by the County Government of Kericho. 5 Relocation of proposed roads Planning standards accepted for urban areas require that all to minimize the impacts of plots must have access roads. demolition and relocation. Relocation will not be possible because road reserve measurements and the law must be adhered to. The read ese;e shold be ihde enough to allo for the development of utilities such as sewerage networks, drainage system among others. 7 A shift in some beacons Computations by surveyors could have reconfigured the sizes of the plots hence shifts in the beacons Figure 5-1: Entry Meeting with Settlement Executive Committee of Swahili Village Informal Settlement, Kericho 36 6. IMPACTS AND MITIGATION MEASURES 6.1 Introduction There was no Loss of private Land in the settlement, however, due to road expansion and plot interboundary re-adjustments structures were affected. This loss was minimized through adoptive planning and the beneficiaries were sensitized and consulted on the need to have adequate access, endorsement and validation of the LPDP at community level and provision of title deeds. Implementation of the 2016 LPDP will result in numerous advantages to the individual affected and to the community at large as it will lead to issuance of title deeds, better planned and conserved environment. However, implementation of the approved LPDP will occasion both total and partial loss of structures built in the proposed wayleaves which will in turn affect sources of livelihood. Majority of assets affected are semi-permanent houses and temporally structures such as stalls and verandah extensions into the wayleaves. 6.2 Positive Impacts Planning and surveying will lead to regularizing security of tenure. This will lead to improved basic infdatituatue 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 Swahili Village Informal Setlement had existing PDP prepared in 1996 only 21 beneficiaries had security of tenure while 46 have allotmentl4. KISIP approach to Swahili settlement upgrading was an innovative way to implement tenure security to allow owners get legal land rights. Issuance of title deeds will bestow ownership to the 46 beneficiaries and ensure security of tenure. With security of tenure the owners will be motivated to develop their plots, increases in landvalues, housing values/rents, access to credit, access to housing infrastructure, increase in highrise residential building housing more household and many more. With the tenure of the land secured, it is expected that the beneficiaries will invest in better housing for their families. 6.3.1 Infrastructure Improvement The LPDP will provide for various road network widths and truncations thus allowing ease access to Swahili Village. This will also enable the development of other facilties such as sewerage lines, piped water, electricity and waste removal systems. Construction of roads will open up the settlement to other social economic benefits such as investments, improved security, accessibility to public services among them education, water, health, recreation, social and urban integration, among many others. 6.3.2 Improved Housing Its envisaged that with security of tenure the land owners in Swahili Village Informal Setlement will be motivated to invest in better housing types with more occupancy units (high rise buldings) thus shifting from the traditional semi-permanent Swahili types. With improved housing conditions and security more people will move into the area to settle either for business or residential. This will have 14 Planning and survey was not implemented on 21 parcels that have title deeds. 37 a ripple effect as more investors will set up businesses or industries in the area thus attracting more people and more opportunities. 6.3.3 Improved Environment Condition The area will be sustainably utilized as appropriate land uses are applied to deserving parts of the grounds together with improved sanitation facilities which leads to better environment with less health problems. There will be better opportunities for other infrastrure development e.g. sewerlines, drainages and piped water and social facilities such as hospitals, schools and Mosques/churches. 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 ownership 21 females out of the total 81 beneficiaries will own 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 117 out of which male PAPs are 62 and female PAPs are 55. Further, from the total number of PAPs 32 PAPs will loss structures while 85 PAPs will lose shelter (tenants), PAPs losing livelihood are 46. This information is detailed in PAP diagram Figure 6-1 below. PAP Diagram Institution 0 Figure 6-1: PAP Diagram 6.4.1 Type and Nature of Structures Impact on structures is the most significant type of loss identified. Majority of the affected structures have existed in the settlement for decades and some of the structures are dilapidated and in unrepairable conditions. These structures have been affected by the proposed road expansion as a result of Me approved LtDP. For the LPDP to be implemented and land title g'en to the residents of Swahili Village, some structures will be relocated into respective plot boundaries to allow proposed future development of the settlement as per the approved LPDP. The number and type of impact is illustrated in Table 6-1. 38 Table 6-1: The Affected Structures Affected Property Section Occurrence Rental Houses 12 Main House 7 Retail Shop 1 Sanitary Facility 2 Retail Kiosk 3 Perimeter wall 2 Commercial house 5 Farm House 1 Gate 1 TOTAL 34 It should be noted that many of the structures are fully affected (24) and thus require total demolition, 3 are partially affected but residual usable while 7 are partially affected but residual not usable. This therefore mean that majority of them will have to be removed thus requiring full compensation. The details of the status of these structures are demonstrated in the Table 6-2 and Photo plate below. Table 6-2: The Extent of the Impact Extent of Impact Frequency tal Loss 24 P artial Ur,able A 3 Partial Unusable r7 Total 34 39 6.4.2 PAPs Losing Structures The total number of PAPs losing structures are 32, out of which 13 are female and the other 19 are male. Two vulnerable PAPs male and female owning structuresare will also be affected This information is summerised in Table 6-3. Table 6-3: PAPs Losing Structures Type of Structure Owner Total No of Female PAPs Male PAPs Vulnerable PAPS PAPs PAPs female Male Individual Owner PAPs 32 13 19 1 1 .Institutional PAPs a a n/a n/a 6.4.3 PAPs losing Livelihood The number of PAPs whose businesses will be affected are 46 out of which 25 are female and 21 are male. Also, 20 PAPs will lose rental income out of which 8 are female and 12 male. The types of businesses that were common are general retail shops, food cafes and kiosks selling mainly ground nuts and roasting green maize, dairy milk outlet kiosk, green groceries, boutiques cum salon, barber shops, video show rooms and pool table rooms. All the rental houses had tenants at the time of the asset inventory. Detailed breakdown of livelihood are provided in Table 6-4. Table 6-4: PA.Ps losing Livelihood Total PA-Ps Female PAPs Male PAPs Total Vulnerable PAPS female Male Business 25 21 46 0 0 Rental 8 12 0 0 0 The photographs below present an overview of affected livelihood. IThe photos indicate typical businesses in; retail shops, bourtique and beauty shp butcheriy and green grocery vender among others 40 6.4.4 - Tenant PAPs The total number of affected tenant PAPs in the settlement are 85 as detailed in Table 6-5. Table 6-5: Tenant PAPs Total PAPs Female PA.Ps Male PAPs Totals Vulnerable PAPS female Male Residential 26 26 52 0 Business 17 16 33 0 0 6.4.5 Impact on Vulnerability Table 6-6 provides a breakdown of vulnerable PAPs enumerated in the settlement and presented in summary in previous sub section. Table 6-6: Vulnerable PAPs Type of Disability Number Physically Disabled 1 Aged (those over 65 years of age) 1 Total 6.5 Mitigation Measures Table 6-7 below provides mitigation measures adopted by this RAP for the negative impacts identified Table 6-7:Miti gation Measures for Negative Impacts Category of Mitigation Measure Impact Loss of Loss of Structures will be replaced at full replacement cost without considering Structures depreciation, the owners will also be given three months' notice to remove the affected asset and the right to salvage materials. The PAPs residing in main houses will also be entitled to KSHs 5,000 one time shifting allowance if their structures are fully affected. An additional 25% repair cost was allowed for structures which are affected but residual portions are viable. Loss of Rental PAPs are provided with three months' notice and a two month cash grant equivalent tc Income average income. Loss of They would be given three notice to vacate. Additionally affected businesses would be Business given one months cash grants equivalent to average income as a means of facilitation Income Loss of Shelter The tenants PAPs would be given three months' notice to vacate and a two months allowance equivalent of payable rent to enable them move to an alternative house. Additional Ksh 5000 will be given to PAPs as one time shifting allowance as provided for in the RPF. Vulnerability vulnerable people were identified and inventoried and will be facilitated with KSHs 2,000 per month for two months over and above compensation for impacts on their structures, livelihoods and loss of shelter. The vulnerable PAPs will also receive specializedassistance in reconstruction of affected assets from KISIP RIC during relocation and priority in disbursement of compensation funds. Details for the elderly (those 70 years and above) who have not been listed for government social programme such as the "Inua Jamii" cash transfer programme for aged persons will be forwarded by KISIP to County Government of Kericho Ministry of Gender, Social Services and Sports for consideration into the Programme. 41 7. SOCIO ECONOMIC The socio economic survey was conducted at 100% census of PAPs in 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 72.7% of the PAPs were males and 27.3% of the PAPs were female. 66.7% of the PAPs were married, 15.2% were single, 12.1% were widowed and 6.1% were separated. The presence of more married PAPs explains the reason behind more male PAPs who are the household heads and 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 the Table 7-1 Table 7-1: Marital Status of the PAPs Frequency Percent Single 18 15.2 Married 78 66.7 Separated 7 6.1 Widowed 14 12.1 Total 117 100.0 7.1.2 Average Age of PAP's Household Heads The average age of the PAPs was 38. Majority of the PAPs at 42.4% aged between 21-30 years, 30.3% were between 31-40 years, 12.1% were between 41-50 years, 12.2% were between 51-70 years, 3% were between 10 20 yefffs. There were no PRARR ever 70 year. The largest population 72.7% of the PAPs were within the productive age that constitute the labour force within the settlement who may be engaged during project implementation stage to provide unskilled and semi- skilled labour. 7.1.3 Educational Levels Among the PAPs, 39.4 % of the PAPs had secondary level of education, 33.3% had attained primary level of education, and 24.2% had college/university level of education and 3.1% had no formal education. This implies that 96.9% of the PAPs are literate, can effectively communicate especially in Kiswahili and can therefore participate in their development activities. However, there is need to use local language in communication of project related information so as to take care of those without formal education. The highest education level attained by the PAPs is as shown in Table 7-2 below. 42 Table 7-2: PAPs Education Level Education Level Frequency Percent College/University 28 24.2 Secondary 46 39.4 Primary 39 33.3 None 4 3.1 Total 117 100 At basic (Primary) level of education, Male and female PAPs were at 6.1% and 27.3% each, 12.1% and 27.3% each at secondary education level and 9.1% and 15.2% respectively with college/ university education while 3.0% of the female PAPs had no formal education. Female PAPs were more that male PAPs at all education levels. However, none of the males with no formal education as compared to 3% females PAPs with no formal education. Thus, communication strategy to use simplified language such as Kiswahili and local language to take care of the illiterate PAPs. 7.2 Economic Situation 7.2.1 Income Sources According to the survey, the income stream of PAPs was dependent on small scale business at 55.6%, casual labour at 2b.9/o, tormal employment at 7.4% and 11.1% oblained inuicme fiwn, other soumee that included 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 but individuals did any work available and when found. However lack of security of tenure resulted to low income from temporary structures whose returns were low, thus tenure security will translate to improvement of housing and business structure hence higher rental charges. PAPs income sources are as shown in Table 7-3 below. Table 7-3: PAPS income Source Main Source Of Income For PAPs Frequency Percent Permanent Employment 9 7.4 Business 65 55.6 Casual Labour 30 25.9 Other sources 13 11.1 Fotal 117 100 7.2.2 Income Levels The average income for the PAPs was Kshs. 14,315.11. The income for a majority of the PAPs, 26.3 % ranged between Kshs. 10,001-20,000, 21.1% of the PAPs earned between Kshs. 5,001-10,000, 15.8% earned over Kshs.50,000, Kshs. 3,001-5,000, and less than Ksh. 3,000 each monthly and 5.3% of the PAPs earned between Kshs. 20,001-30,00OKsh. And 1.4% earned between Kshs.30, 0001- 50,000 which was the highest income level. 22% of the PAPs did not have a regular income and therefore. The income levels are fairly low compared to Minimum wage in Kenya 2017 which was consolidated as Ksh. 21,942.30 for Kericho Municipalities. However, the income level may be biased due to inaccuracy and lack financial records. In addition, lack of security of tenure hinders improvement of shelter and access to basic services and investment at settlements level thus reinforcing poverty and social exclusion. Consequently, low 43 income hinders access to quality life in terms of health care services and education. PAPs income levels are as shown in Table 7-4 below. Table 7-4: PAPS Income Levels Monthly income for PAPs Frequency Percent <=3000 18 15.8 3001-5000 18 15.8 5001-10000 25 21:1 10001-20000 31 26.3 0001-50000 6 5.3 ver 50000 18 15.8 otal 117 100 7.2.3 Monthly Expenditures Key spending areas by the PAPs included rent, food, transport and clothing as detailed in sub sections below. Majority (33.3%) of the PAPs spending on rent Ksh. 3001-5000 , 25% spent between Ksh. 500-1000, 20.8 % of the PAPs spent between Kshs. 1001-3000, 12.5% spent below Ksh. 500 being the minimum and 8.3% spent between Kshs. 5001-10000 monthly on rent. The ability to pay for decent housing varies among the PAPs. Monthly expenses on rent are shown on the Table 7-5. Table 7-5: Monthly Expenditure on Rent Rent Frequency Percent 500-1000 29 25 1001-3000 24 20.8 3001-5000 39 33.3 5001-10000 10 8.3 Below 500 15 12.5 Total 117 100 Majority 38.5% of the PAPs spent Ksh. 5001-10,000 on feeding, 38.4 % spent between Ksh. 500- 5000, 19.2% spent over Ksh. 10,000 and 3.8% spent less than Ksh. 500 monthly on food. Over half 57.7% of the PAPs spent more than half of their income on feeding. Monthly expenses on food are shown on I able 7-6. Table 7-6: Monthly Expenditure on Food Monthly Food Expenditure Frequency Percent 500-1000 9 7.7 1001-3000 22 19.2 3001-5000 13 11.5 5001-10000 45 38.5 ver 10000 22 19.2 -500 4 3.8 Total 117 100 Majority 38.9% of the PAPs spent Ksh. 100 1-3,000 on transport, 27.84 % spent below Ksh. 500 while 16.7% spent between Ksh. 500-10,000 and Ksh. 5001-10,000 each monthly on food. Therefore the highest number of PAPs 83.4% spent between Ksh. 500-3000 on transport monthly. Monthly expenses on transport are shown on Table 7-7. 44 Table 7-7: Monthly Expenditure on Transport Transport Expenditure Frequency Percent 500-1000 20 16.7 1001-3000 46 38.9 5001-10000 20 16.7 Below 500 33 27.8 Total 117 100 Majority 64.7% of the PAPs spent Ksh. 500-3,000 on clothing while 35.3 % spent over Ksh. 3001 and above monthly on clothing. From the above figures, the expenses on food were higher at a range of Kshs.5 001-10,000 for 76.9% of the PAPs. Food is a necessity for live and expensive compared to other three spending areas. It's therefore conclusive that food expenses consumed almost three quarter of the income earned by respective PAPs on average. Comparing the income and expenditure levels, the living standards are low and the expenses are high leaving less saving for business and other welfare aspects after meeting the basic needs. 7.3 Access to Infrastructures 7.3.1 Type of Toilet Used Use of shared pit latrine for disposal of human waste was at 100%. The latrines are manually emptied as reported by 96% of the PAPs. The method is not hygienic. However, sharing of toilet by more than one household is not acceptable hygiene and therefore, PAPs will need to construct individual latrines at household level. Use of pit latrine as sanitary facility was attributed to lack of a sewer system in the settlement and resultant unhygienic exhausting method. Thus the settlement being in a peri-urban setting will benefit more from improved sewerage system. 7.3.2 Solid Waste Disposal Method There are various methods used by PAPs to dispose of solid waste within the settlement. They include collection by County authorities rated 51.9% which was the common waste disposal method within the settlement, burning rated 14.8%, private collection system and burying and other methods such as throwing outside the settlement was rated at 3.7% each. Solid waste collected by private institutions and the County authority though appropriate was not prompt and resulted to pilling of waste. On the other hand, other methods of waste disposal such as burning and dumping in the compound were not appropriate as they impact negatively on environment. The methods of solid waste disposal are as shown in Table 7-8. Table 7-8: Solid waste disposal methods olid Waste Disposal Frequency Percent ollection by county authorities 61 51.9 Burying in the compound 4 3.7 rganized private collection system 4 3.7 Burning in the compound 17 14.8 Dumping into the compound 26 22.2 Other methods 4 3.7 Total 117 100 Main method of waste water disposal was by pouring on the road rated at 35.7%, pouring in the drainage channel rated at 42.9% and pouring to the toilet rated at 3.6%, connected to sewer was at 7.1% and other methods were at 10.7%.Waste disposal methods among the PAPs not only contravention of solid waste management regulations but also portrays poor hygiene practices in the 45 settlement. This requires hygiene training sessions and designated waste disposal sites. Waste water disposal methods is as shown by Figure 7-1. 50 45 40 35 30 25 20 - Percent 15 10- 5 0 Pouring in Connected Pouring on Pouring in Other toilet to Sewarage the roads the drainage Methods F Percent 3.6 7.1 35.7 42.9 10.7 Figure 7-1: Waste Water Disposal Methods 7.3.3 Main Water Source for the PAPs The survey indicated that a majority (60.7%) of the PAPs accessed piped water outside the house, 21.4% of the accessed water from a water Kiosk, 10.7% accessed piped water within the house, and 3.6% used rain water and similar figure did not have a specific water source. A total of 92.8% of the PAPs accessed water from a piped water supply which is safe for domestic use. However, there were other water sources rain water whose quality was not known. 70 60 50 40 30 20 10 -m Percent Piped Piped water water Piped Rain within outside No water Water water the the house house a Percent 10.7 60.7 3.6 21.4 3.6 Figure 7-2: Water Source Majority of the PAPs paid Ksh. 101-500 for water monthly as reported by 53.2%, 35% paid Ksh. 501- 1000, 3.8% paid over Ksh. 1000 monthly and 8% did not pay for water. Payment for water is high as 88.2% paid between Ksh. 100-1000 monthly. During the FGD, it was reported with improved 46 security of tenure, the housing will also improve from semi-permanent to permanent housing and PAPs will resort to rain water harvesting and will therefore not pay for water. This will lower their monthly expenditures. In addition, it is anticipated that the upgrading of the settlement will be accompanied by improvement on water supply and in return lower the cost of water and promote access to safe water. The monthly payment for water is tabulated as shown in Table 7-9Error! Reference source not found.. Table 7-9: Monthly Water Cost Monthly Water Cost Frequency Percent 101-500 62 53.2 501-1000 41 35 Over 1000 4 3.8 Did not pay 9 8 Total 117 100 7.3.4 Mode of Transport The main mode of transport for 60% of the PAPs was walking, 33% used motorcycles as the main mode of transport and 11% of the PAPs used Matatu / bus, 10% bicycle and 1% used Private car as a mode of transport. Walking was tedious and at no cost, motorcycle was cheaper than using matatu as for transport. Majority of the PAPs preferred to walk rather than pay some faire from one point to the oter as iheir daily aaivities are widtin lie settlement. Thle imonthly paymnt for water is tabulated as shown in Table 7-10. Table 7-10: Main Mode of Transport Mode Of Transport Used To Work Frequency Percent Bus/Matatu 16 13.3 Motor Cycle 31 26.7 Walking 7C 6C Total 10 7.3.5 Disease Prevalence The illness suffered among the PAPs standing include malaria at 26.3%, respiratory infections at 15.8% and other diseases include Pneumonia, diarrhea, TB, typhoid at 57.9%. The presence of varied diseases was attributed to poor hygiene practices such as damping of solid waste that encouraged breeding of mosquitoes, drinking unsafe water and poor housing conditions among others. Such conditions would require promoting access to safe water by PAPs coupled with hygiene training. From the survey findings a majority (93.9%)of the PAPs walked 2-5km to reach the health facility, 3.1% covered between 0-1 kilometer to reach the health facility and while 3% walked for 6-10km to reach the health facility. The public health facilities are far from the PAPs and this compels the very sick to incur further costs in terms of transport though a majority walks to the health facilities. Regardless of the distances involved, the PAPs demonstrated understanding of importance of good health seeking behavior and good access to healthcare services. 7.3.6 Vulnerability According to the RPF, this study has recognized the existence of 2 vulnerable persons both of whom are elderly and in addition one of them suffers paralysis. 47 8. ELIGIBILITY AND ENTITLEMENTS 8.1 Determination of Eligible PAPs The affected persons, irrespective of their tenure status, are eligible for some form of assistance if they occupied the land or engaged in any livelihood income-generating activity at the affected sites before the entitlement 'cut-off date'of 6th September 2016. The World Bank Resettlement Policy OP 4.12 require compensation for lost assets to be calculated at full replacement cost and restoration of affected income and livelihoods sources. The following categories are eligible for assistance and were identified as PAPs in the settlement. (i) People whose structures used for business or residential purposes will be partially or totally affected by planning and surveying (ii) People whose business or sources of livelihood will be affected. (iii) Tenants who reside in structures that will be totally affected. (iv) People who are likely to be severely affected because of their vulnerability. For the vulnerable PAPs and as provided for by the KISIP Resettlement Policy Framework, this RAP provides additional Kshs 2,000 for the first 2months, specialized assistance by KISIP RIC throughout the RAP process and priority in disbursement of compensation funds. Additionally, details of elderly PAPs, will be forwarded to the County Government of Kericho Ministry of Gender, Social Services and Sports for listing into other government of Kenya programmes such as unconditional cash transfer programmes including the Inua Jamii for the 70 years and the Older Persons Cash transfers (OPCT) programmes 8.2 Cut-off Date The cut-off date of 6th September 2016 was communicated during the planning meeting held on 30' August 2016 with the County Officials, SEC members and PAPs representaives and through notification on circular. After this meeting there was door to door sensitization of the PAPs regarding the cutoff date. New developments after the cut off date will be ineligible for compensation. Also during PAPs consultative meeting held on 13* September 2016 and 4' June 2018 in appendix 3 and 2, cutoff date was explained further as well as discussion on ARAP issues. 8.3 Mode of Compensation For assets and livelihood sources that will be be affected by planning and survey, cash compensation option will be adopted owing to its flexibility and applicability and accountabilitys. In addition, all PAPs will receive cash payment for the loss of assets and or livelihood streams plus a notice of three months and a right to salvage their assets. 8.4 Entitlement Matrix The entitlement matrix is designed to ensure that PAPs entitlement are adequately compensated for thier losses depending on the category of PAPs impacted as indicated in Table 8-1. 48 Table 8-1: Entitlement Matrix Loss Category of Entitlement PAP Fully affected / Squatter * Cash compensation at replacement cost for the structure. partly affected * One time shifting allowance of Ksh 5,000. remaining structure. * Right to salvage materials. not viable Tenant Housing allowance for two month equivalent to rental value. A onetime shifting allowance of ksh 5,000. Part affected Squatter * Cash compensation at replacement Cost without structures with depreciation. remaining portion * Repair Cost based on the current market rate of materials to viable be used. * Right to salvage materials. Loss of Income Business * Cash compensation based on a calculated average loss of operators income for one month. * 3 month notice to the PAPs to allow them adequate time to look for alternative site to re-establish the business. Loss of rental Subsistence allowance equivalent to 2 months rental income. income Others Vulnerable * Assistance in reconstruction of structures. PAP * Priority consideration in processing compensation payments. * Additional Ksh 2,000 LO the vulnerable peIsUns foi the fit 2 months. * KISIP will share the vulnerable PAPs details withthe County Government of Kericho Ministry of Gender, Social Services and Sports for listing to government social programme such as the "Inua Jamii for the 70 years and above cash transfer programme. 49 9. GRIEVANCE REDRESS MECHANISM 9.1 Introduction Grievances are anticipated to arise at any of the stages of the project cycle, from Design Preparation, Implementation and Post implementation Phases. An established grievance mechanism provides a way to avert delays in project implementation, offers PAPs an effective avenue for expressing concerns and achieves remedies and promotes a mutually constructive relationship. A well-functioning grievance mechanism: i. Provides a transparent and credible process to all parties, resulting in outcomes that are seen as fair, effective, and lasting; ii. Enables more systematic identification of emerging issues and trends and facilitates corrective action. iii. Ensures timely redress of grievances for satisfactory implementation of resettlement and completion of the project interventions as scheduled. This Chapter provides a means of grievance redress structure which will be accessible and credible to reduce project resistance. Anticipated grievances that may be raised by the PAPs and beneficiaries include: SDpiited Vaiation of impacted structures which may be perceived as unfair and/or discriminatory, thus rejected by the PAPs; * Disputed ownership of the impacted assets; * Dispute of the disclosed list of PAPs due to recording errors in preparation of PAPs register and inventory of their affected assets; * Title documents issued have errors e.g. wrong or misspelt names; * Family disagreements or complications arising due lack of clarity of whom is to transact on behalf of the family; * Disagreements on modes of payment e.g. whether cash or in-kind; and * Changes in estate administration of affected assets where initial owners are deceased. * Any other mateer relating to KISIP intervention in the setllemnt specific to Component 2 The factors to be considered in the design of an effective grievance procedures for Kaloleni included the following: * A grieunnce redresses mechanism which iss imple, acessible affordable, and accountable. * Provide suggestions on how information is made available to the Project Affected Persons (PAPs). * The proposed structures have capacity and knowledge to address grievances and would need to be given the authority to resolve complaints. * A Complaints Form be introduced and should be dully filled by the involved parties. Therefore, this ARAP has identified procedures that will enable affected people to lodge a complaint or a claim without cost and with the assurance of a timely and satisfactory resolution of that complaint or claim in which case, dialogue will always service. The different levels are further discussed under the section of procedures as indicated below. 9.2 Grievance Redress Institutions/Structure Complaints resolution for a majority of PAPs/beneficiaries 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 50 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 existing SGRC which is the lowest committee.. The aggrieved PAPs will launch their complaints through the SGRC secretary either verbally or in writing. The complain will be logged and the committee will convene to resolve the complain to the satisfaction of the complainant. If the matter cannot be addressed to the satisfaction of the complainant within the prescribed period, the complainant may refer the issue to RIC and if the issue is not resolved to the satisfaction of the PAP, the complainant has the right to seek redress from the Court of law. The Grievance Redress Structure (GRS) is as discussed below: 9.2.1 Settlement Grievance Redress Committee (SGRC) A Settlement Grievance Redress Committee (SGRC) is existing in the settlement. During RAP disclosure, the PAPs will be sensitized on proposed GRM structure and redress seeking process. The community will be called upon to propose 3 SEC members in a meeting forum for transparency who have been committed and actively involved in project activities. In addition, they will also select 2 other members- 1 male and 1 female who could be religious leaders or in leadership position within the settlement) and the Location Chief who is a government authority and becomes the chair to the committee. The committee will appoint a secretary who will receive and log the complains on behalf of the committee. Those elected would ensure representation of men, women and youth in the committee. 9.2.2 RAP Implementation Committee The second level of grievance redress mechanism will involve the RAP Implementation Committee (RIC) comprised of 23 members. The committee will consider grievance reports forwarded to it from the Settlement Grievance Redress Committee and make a determination. In addition, it will be responsible for monitoring complaints. Since implementation of RAP is a joint responsibility between the National KISIP PCT and County Governments, the Committee will have joint membership from both levels. The proposed RIC will comprise the following membership who should be an odd number to allow 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 a 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 0 SEC chair person 51 The member of parliament and member of the County Assembly (MCAs) may be co-opted as ex- officio members. Kericho County Government will provide the secretariat for the committee. A quorum should have 2/3 membership represented. If complainants are not satisfied by the decision passed by RIC, they can seek redress from the law Court 9.2.3 Law Courts If complainants are not satisfied by the decision of the RICs, they can seek redress from the Law Court. During sensitization on the grievance redress mechanism, prior to compensation, PAPs will be informed of this option and notified that it is not cost free but rather the costs should be met by the individual complainants unless the court dictates otherwise. 9.3 Grievance Procedures Grievance procedures may be invoked at any time, depending on the complaint. In order to deal with the grievance that may arise during the implementation, this RAP has identified procedures to allow affected people to lodge a complaint without cost and with the assurance of a timely and satisfactory resolution of grievance. The complainants will be reported to SGRC for documentation and filling prior to deliberation and feedback provided within a fortnight through a written form. The following grievance redress procedure will be followed: 9.3.1 Procedure of Grievance Redress Step 1: Grievance receipt and Registration An aggrieved PAP will lodge a verbal or written complaint to the SGRC through the SEC Secretary. The secretary will be responsible for receiving, logging and filing all grievances. He/she will listen to the complainant and issue or assist the PAP to complete the grievance form. The secretary will record the date complaint was lodged, nature of complaint, and action taken. Both the complainant and secretary will sign the grievance after the complainant verifies the accuracy of the information recorded. The secretary will sort the grievance/s based on its nature. For instance, the grievances that require clarifications and those that would be handled by SGRC and those for direct action by RIC. The secretary communicates the grievances logged in to the SGRC chairman who will thereatter convene SGRC meeting. Step 2: Determination of Corrective Action The grievance team will hold a meeting at the settlement level based on grievance received and deliberate on the raised issue to come up with a resolution within 7 working days. The action will be recorded in the grievance register and verdict reported back to complainants. If more time is required for investigation, this will be clearly communicated verbally and in writing to the aggrieved person in advance. Step 3: Meeting with the complainant The proposed corrective action will be discussed with the complainant within 7 days of receipt of the grievance. If the parties agree, the resolution will be documented, time frame to implement the resolution agreed upon and the complainant will append his or her signature. Step 4: Implementation of Corrective Action Agreed resolution will be pursued by the party agreed upon by SGRC within the agreed time frame. The SGRC will follow on implementation of the recommended action by the agreed date. To verify satisfaction of the complainant, the aggrieved person will be approached by the secretary to ensure 52 that the resolution has been implemented. A signature of the complainant will be obtained and recorded in the grievance register. If the complainant is not satisfied with the verdict, the matter is referred to RIC. Step 5: Action by RIC If the complainant remains dissatisfied, RIC will meet at county level. The matter will be deliberated upon and appropriate decisions will be made. Documentation will also be done at this level. The RIC has 14 days to resolve the grievance. The resolution reached will be communicated through SGRC secretary who will communicate this to the complainant. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied, however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. This process will require to be disclosed extensively though sensitization meetings with PAPs and individual meetings as well as disclosure in prominent places. Pamphlets on the grievance process being displayed in prominent places like the Area chiefs Office. At the level of SGRC and RIC, GRM has proposed average resolution time of 28 days upon registration of the grievance Step 6: Law Court In case all the above mechanisms fail to resolve the matter, the aggrieved party, he/she can resort to the judicial recourse. 9.3.2 Efectiveness of the Grievance Redress Mechanism Various measures will be provided by RIC and PCT to ensure the effectiveness of the Grievance Redress Mechanism. * Necessary technical and financial support will be extended to the SGRC to enable them function effectively, Part of the training will include: " Roles of the committee and the process of GRM o Conflict resolution , mediation and reconciliation, O Record-keeping, O Report-writing The training will be undertaken prior to commencement of RAP implementation, by the KISIP social safeguards team and or PCT. * The SGRC and the RIC will make monthly reports on the progress in addressing grievances e.g. grievances received and handled, * The committees at all levels will maintain records such as: grievance registers, minutes of meetings, and correspondences, for reference and monitoring. 9.4 Monitoring of Grievance Resolution At both, SGRC and RIC, regular progress monitoring of grievances will be undertaken, grievance status and actions taken and recommendations/resolution will be constantly checked to ensure satisfaction of the complainants and thus averting project implementation delays. The SGRC specifically, will monitor and track grievances, assessing the extent to which progress is being made to resolve them, and submit (monthly) grievance resolution reports to RIC. RIC will also prepare reports for the KISIP _Coordinator. Figure 9-lindicates GRM procedures and Turn around resolution Period. 53 Complainant satisfied with outcome Final clo se out Complainant satisfied with euteeme Grievance processing by RIC (14days Figure 9-1: Steps involved in GRM 54 10. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION 10.1 Introdution The overall responsibility for the implementation of the RAP is vested in KISIP Project Coordinating team (PCT). The PCT consists of Component heads, planners, social safeguards experts, Monitoring and Evaluation, procurement officer etc. KISIP through the Ministry of Transport, Infrastructure, Housing and Urban Development also has the responsibility to source for the funding required to facilitate the PAPs promptly as outlined in commitments provided by this RAP. The specific implementation tasks will however be carried out by the RAP Implementation Committee (RIC). Since the implementation of the RAP is a joint responsibility between the National and the County governments, the Committee will have joint membership as proposed: From KISIP National PCT: a) Head of Component 1 b) Head of component 2 c) Project Liaison Officer d) Environmental and social safeguard specialist e) Community Development specialist f) 3 mnemhrq from Component 7 - Surveyor land administrator and Valuer g) KISIP Finance Officer From the County: a) County KISIP Coordinator who will be the chairman b) Community Development Officer c) County Surveyor d) County Physical Planner e) County Environmental Officer f) County Land Officer g) Representative from NLC This RAP has been prepared based on the approved 2016 LPDP and its implementation will begin after it's approval by the World Bank and approval of the survey plan by the Director of Survey but before issilnnce of title deeds The ARAP provides for coordination of relevant institutions discussed in sub section 10.1 above, the responsibilities of implementing the various ARAP activities are illustrated in Table 10-1 while figure 10.3 presents information sharing and Stakeholder Engagement Strategy. Table 10-1: Organizations with Responsilities for RAP Implementation S/N Organization Responsibilities 1 The Treasury * Financial management on behalf of the Borrower (GoK) Ministry of Finance Provision of funds part of which will be used to settle compensation claims by PAPs 2 Ministry o * Project employer with overall implementation responsibility; Transport, * Manage the project including monitoring and evaluation frastructure, * The ministry handles land tenure matters and issues titles; ousing and Urba Will interface with the National Treasury on issues pertaining to Project funding to evelopment ensure smooth flow of both internal and external funding, and at the same time communicate directly with the Bank on range of issues. 3 National Land Custodian of all public land on behalf of the county governments. Commission Ensure Issuance of Title Deeds to beneficiaries 4 KISIP National* Coordinate the effective implementation of the RAP as provided for by th Team RPF 55 * Prepare Progress Reports on the implementation of the Environmental and Social Safeguards. * Procure and supervise consultants for Social Assessments. * Build the capacity at all levels to implement the RPF. * Supervise RPF implementation during and after project implementation. * Ensure integration of RAPs into Contract and Bid Documents. * Ensure adequate community participation. * Validation of assets and PAPs before compensation * Sensitization of PAPs on bank accounts and use of compensation funds * Monitoring of RAP activities * Formation of the grievance redress committee * Capacity building of RAPs committee 5 KISIP County * Facilitate implementation of ARAP and ensuring project success. Team * Delivery of other assistance to PAPs will be the responsibility of County Government under the coordination of respective RIC. * Responsibility for appropriate and suitable measures to prevent further encroachments after the cut-off date and before facilitation is made. * Oversight and quality control of rebuilding of structures for vulnerable PAPs identified for this additional assistance. * Clearance of structures after expiry of self-demolition period and compensation. * Part of Grievance Redresses Mechanism through County KISIP office. * Maintaimng roads and sateguarding them trom encroachment atter KAF Implementation. 6 KISIP RIC * Provide overall leadership in the implementation of RAPs; * Organize the public disclosure of the final RAP; * Confirm entitlements and the final PAP register; * Oversee compensation and other assistance to PAPs * Hear and consider representations from PAP Committees; * Support the grievance redress mechanism. * Prevents further encroachments after the cut-off date * Issuance of demolition notice and implementation of the demolitions * Development, management and maintenance of roads network 7 SEC * They provide the entry point to the settlement. * They provide a link between the community and other institution. rebuilding of livelihoods and structures owned by vulnerable PAPs who need assistance. 8 SGRC * Receiving, filing and resolution of grievances at the grassroot level 56 � �� h � г l� . �' � й i.._. 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N 'д .Sp'.' __ ы i , � � й .� � � � -- а, О R � 3 � ьл ' w 10.2 Disclosure and Compensation The asset register will be validated by KISIP and thereafter disclosure of entitlements to PAYS. Disclosure will be through the VrB infoshop, MoLH&UD website, KISIP county offices and a series of public meetings that will be organized within the settlement between KISIP, PAPs and Kericho County Government. Disclosure will be carried out as per the implementation Schedule. The PAPs will be Sensitized to open a joint account with their spouses for the proper management of the facilitation proceeds. After disclosure the PAPs will be required to sign the agreement forms indicating acceptance of the compensation amount and provide all the requirements e.g account number, photocopy of ID and await for the compensation amount as illustrated by this RAP. Payment for those who will sign the compensation agreements will be sent to the account given within 6 weeks of signing the agrrements. Payment of compensation and other assistance will be implemented by the RAP Implementation Committees (RICs) as per the implementation schedule. Those PAPs who decline to sign for one reason or another will be will still be talked to and explained the reasons for the amounts or will register their disatisfaction with the GRM or even KISIP office. The GRCs will be open to receive any grievance arising from compensation of funds 10.3 Notice of Demolition The notice of self demolition will be 3months prior to implementation of provisions of the LPDP. The notice will be communicated to PAPs in a community meeting after compensation money has been disbursed to PAPs accounts and issuance of title deeds to beneficiaries. PAPs who fail to remove their affected structures after compensation and expiry of the 3 months notice, the structures will suffer demolision of their structures by the County Government of Kericho. 10.4 Gender Empowerment Initiatives Gender inclusivity was one of the principles guiding this ARAF which was considered in all the activities undertaken in this ARAP. To enhance gender equality and inclusivity, deliberate initiatives will be undertaken during ARAP implementation sensitise the community members of Swahili settlement on rights of on women land tenure rights and land laws that protect women on the same. Also, sensitisation on likely Gender Based Violence (GBV) with regards to use of compensation money will be undertaken as indicated in the Alt" implementation schedate. These sensitisation will be rolled jointly by KISIP, Chief Land Registrar, County Government, Gender department and women based organizations. A special meeting between key stakeholders with the local Land Control Board to emphasise womens rights in land related matters will enhance these initiatives. 58 titles government Notice for Self-Demolition/Salvaging of County Government, materials PAPs, County Government (for some vulnerable Self demolition APs). County Government, Local Demolition after lapse of notice period Administration onitoring and Evaluation ISIP, RIC, WB County 60 S11.MONITORING AND EVALUATION 11.1 Introduction KISIP will conduct regular internal monitoring of the Performance of ARAP 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 ARAP implementation process is to; * Identify problems and successes related to ARAP implementation process early and allow timely adjustments of implementation arrangements. * To ensure smooth implementation of ARAP in accordance with legal framework and realization of anticipated physical and social development in the project area. Regular monitoring is required during the entire ARAP 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 ARAP. 11.2 Objectives of Internal Monitoring The objectives of internal monitoring and supervision will be to ensure: (i) Actions and commitments described in the ARAP are implemented. (ii) Ensure that full compensation to the eligible project-affected persons is disbursed prior to implementation of the LPDP. (iii) The cash compensation accorded for livelihood compensation is realistically used to reinstate PAPs lost incomes. (iv) Complaints and grievances lodged by project-affected persons are followed up, attended and resolved. (v) ARAP 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 ARAP implementation progress data collected on a regular basis and accumulated. It is then analyzed and presented appropriately and reports shared with relevant institutions like the CGK and WB among. 11.4 RAP Monitoring Plan The ARAP Monitoring Plan and Framework details different levels of monitoring and will include: i. Internal monitoring by KISIP PCT at county level; ii. External monitoring by independent consultants; and iii. RAP Completion Audit. The details of the monitoring plan are illustrated in Table 11-1. 61 Table 11-1: Monitoring Plan ... Component Type of Data Collected Source of Data Responsibility for Frequency of Activity collection Methods Data Collection, Reporting Analysis and Reporting Performance Measurement of input Monthly or quarterly MoTIH & UD Semi-annual/annual Monitoring indicators against narrative status and Project as may be required proposed time-table and financial reports Implementation by the Proponent budget including Team (MoTIH&UD) procurement and physical delivery of goods, structures and services. Impact Tracking effectiveness Quarterly or semi- Project resettlement Annual or more Monitoring of inputs against annual quantitative and unit or contracted frequently as baseline indicators qualitative surveys external monitoring required by the agency Proponent Assessment of PAP egular public (MoTIH&D) satisfaction with inputs meetings and other consultation with people affected by the project; review of grievance mechanism outputs _ Completion Measurement of External Contracted external On completion of Audit outcome indicators such assessment/sign-off auditing and the RAP time table as productivity gains, report based on evaluation agency livelihood restoration, performance and and developmental impact monitoring impact against baseline reports, independent surveys and consultation with affected persons 11.4.1 Performance Monitoring Successful project implementation will be achieved through monitoring of performance of scheduled project 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. (iv) Checking for changes in cost of living among PAPs will be compared to the pre-project situation 62 (v) Checking for changes in key social and cultural parameters relating to living standards (vi) Checking for changes that has occurred for vulnerable groups as a result of benefiting from the project. (vii) Assessing the type of grievance issues recorded, time taken to resolve cases and the functioning of grievance redress mechanisms which will be evaluated by reviewing the processing of appeals at all levels. These information can be obtained through; * Random samples of affected people will be interviewed in open-ended discussions to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation measures. * Public Consultations with affected people at the community level will be observed. 11.4.2 Impact Monitoring The project will generate both positive and negative impacts of the project. The monitoring will assess the social aspects of the PAPs that constitute key activities to be undertaken in implementation of ARAP. 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 * Change in health trends of PAPs * Identification of unexpected environmental impacts 11.5 Monitoring Indicators The following key parameters will be used for monitoring as indicated in Table 11-2 below: Table 11-2: Monitoring Parameters and Indicators Parameter Indicator Sensitization ol Number of PAP meetings held PAPs Attendance of PAPs meetings disaggregated by gender Type 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 ompensation Livelihood No. and types of of business restored to pre project level restoration Average income for the PAP *Number of PAPs promptly paid disaggregated by gender * Number and amounts of payments made to PAPs *Number of PAPs with restored assets disaggregated by type of structure *Number of PAPS with restored livelihood enterprises *Number of restored structures disaggregated by type, building/construction material, asset use/purpose and standard * Average income level by source * Employment status of household head * Use of compensation cash *Number of people/groups with improved livelihoods *Development of settlement triggered by land tenure process 63 Changes in land values and plot ownership Security o No. of Titles issued tenure Permanent Investments Grievance o. and type of grievances logged in the register Redress * No. and type of grievances resolved promptly (within the duration allowed in the grievance redress mechanism) No. of claims reefeered to PCT/Law Court No. of trained GRC by gender * Number of grievances not resolved in time but completed e Number of outstanding grievances not resolved Average timelines for resolution of grievances disaggregated by the various levels of grievance redress mechanismlinstitutions Number of grievances referred to Level 3 (Courts of Law) Number of complaints referred to World Bank Community The number of participants by gender attending community consultative meetings Participation and related to this RAP Awareness Type of issues raised during public consultation meetings The number of community consultative meetings held Number of participants and level of information communicated. Awareness and wareness about entitlement information IIccubs tv ailability and Aeezeibility of the RAP document an the Ministr's website and the iformation Bank's Info shop Availability and Accessibility of the RAP document at the local level Type of information disclosed to PAPs during each meeting Trainings and Number of trainings held disaggregated by target group and topics/ themes discussed Capacity Number and type of participants disaggregated by gender Building Perception of PAPs on usefulness trainings and issues discussed Vulnerability No. of vulnerable PAPs (gender segregated) supported Type of economic activities initiated by or for the vulnerable Structures constructed to PAPs through Additional Assistance Gender Concern No. and type of grievances raised by either men / women * Number of women with land ownership disaggregated by type (e.g. sole owners, joint owners) * Participation of women in Liwinings Number of women involved/consulted by spouses on use of compensation cash Access to services'* Number of PAPs with access to water services disaggregated by type of water source * Number of PAPs with access to sanitation services disaggregated by type of water source Number, type of educational establishments and proximity to PAPs * Number, type of religious establishments and proximity to PAPs Number, type of health facilities establishments and proximity to PAPs Process * Formation of proposed institutions or better alternatives Management Census and asset verification/quantification procedures in place * Effectiveness of compensation delivery system by KISIP * Efficiency of compensation delivery system by KISIP * Co-ordination between KISIP national, KISIP County, County Government and the community 64 11.6 External Monitoring and Evaluation External monitoring will be conducted by an independent firm hired by KISP to follow up on project implementation status. The monitoring will involve review of compensation process and RAP implementation provisions requirements with the aim of ensuring that implementation is in accordance with RAP provisions. In addition, external monitoring will involve follow up on complaints and grievance redress procedures to ensure concerns raised by PAPs are satisfactorily addressed in a timely manner. The objective of external monitoring and supervision will be to: * To assess overall compliance with the RAP implementation process as provided in this RAP; . To verify that measures to restore or enhance project affected people's standard of living and livelihood are being implemented and to assess their effectiveness; * To assess the extent to which structure and livelihood compensation was undertaken in line with the provisions of this RAP. * To recommend any corrective actions necessary to achieve compliance with the RAP implementation guidelines 11.7 RAP Audit RAP Completion Audit will be conducted after 9 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; * 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; 65 * 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 66 12.CONCLUTIONS AND COMMITMENTS 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 Kisumu 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 ainied at enhanuing women land rigls and against any form of Gender Based violence (U1 V) m use of funds triggered by compensation as documented in this RAP. * To facilitate all the Project Affected Persons 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 persons 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. * KISIP will issue a minimum of three months self demoltion period to the PAPs to enable them slavage their assets. This notice will be communicated during a community Meeting organized in the settlement " To undertake monitoring and evaluation to ensure compliance to national laws and regulations and safeguard policy. 67 APPENDICES 68 APPENDIX 2: MINUTES FOR RAP VALIDATION MEETING FOR SWAHILI INFORMAL SETTLEMENT. Records of Discussions with Project Affected Persons during Validation Meetina for Swahili Vflage Informal Settlement. Type of Meeting: Validation Meeting Date of Meeting: 4' June, 2018 Venue of Meeting: Swahili Primary School AGENDA 1. Opening Remarks and Introduction 2. Presentation of RAP findings and entitlement matrix 3. Verifying PAPs especially affected by 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 organize 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 1100 hrs by Mr. Kivuva, GIS Specialist from ICT/Geodev (K) Ltd, who invited a member to say a word of prayer. He then invited Consultants, representatives from both County GmAernment of Kezicho and KISIF for self-intfroductiorn While introducing himself, KISIP National Government representative reported that the work of processing title deeds is 98% done at the Survey of Kenya. Moreover, he underscored the importance of cooperation among the people affected by the road reserves within the settlement. He also applauded the members of the Settlement Executive Committee (SEC) for the good work they had consistently displayed since the commencement of the project. MIN 2: Presentation of RAP Findinas and Entitlement Matrix for Swahili Vllgae Settlement Mr. Kivuva introduced the discussion by briefly outlining the purpose of the meeting. He informed PAPs that the main purpose of the meeting is to validate the asset register that was developed during RAP 70 studies and to discuss entitlement matrix for the settlement. He reaffirmed to the PAPs that they are in the asset register because they were affected by the road reserve and also stated that there was no PAP affected by inter-boundary following planning and surveying of the settlement. He then welcomed Ms. Margaret Wanjiru, Sociologist from the consultant, to proceed with presentation. Her presentation largely bordered on findings from inventory of affected assets and entitlement for compensation matrix. She reported that the nature of compensation had been recommended through an entitlement matrix covering the diversity of impacts anticipated in the project. She confirmed to the PAPs that there would be no loss of land in the project. She proceeded by outlining three categories of impacts due to planning and survey process that was concluded last year. The three categories were loss of assets; shelter for tenants and residents and livelihoods disruption. She informed the PAPs that KISIP had developed a resettlement policy frame work which formed the basis for the entitlement and categorization. Madam Margret emphasized that the project decision will not lead to loss of land. However all the impacts identified was as a result of proposed road reserves and truncation po-mts. She further empiasized that the planmng and surveying process were very successful and as a result there is no impact occasion by the approved LPDP on overlapping or inter boundary structure or house. She went further to elucidate each of the categories of impacts occasioned by the road and truncations points in Swahili as follows: a) Loss of Assets She precisely explained the categories of assets that would be affected by the road reserves. She categorized them as permanent buildings; semi-permanent/temporary buildings; and other assets such as gates, fences, septic tanks, perimeter wall among others. Premised on her presentations, there would be 100% replacement cost based on the area impacted of the permanent building. But when a permanent structure is impacted more than 50% and the residual structure if assessed and found to be nonviable then the entire sructure will be replaced and replacement cost. However, she infouned PAPs that in the case of semi-permanent assets (structures made of reinforced mud wall, timber, iron-sheets) then there would be 100% replacement cost regardless of the affected area. Additionally, other assets such as fences, gates, perimeter wall and septic tanks would be compensated at 100% replacement cost of the affected assets. The owners would also be given three months' notice to remove the affected asset and the right to salvage materials. 71 b) Loss of Livelihoods Margaret classified impacts on livelihoods into two that is, loss of rental income and loss of business income. Loss of Rental income: She unequivocally stated that the PAPs are entitled to three months' notice and according to KISIP they proposed a two month cash grant equivalent to average income and as consultants, this would be enough for income restoration. Loss of Business income: These are those operating commercial business enterprises. They would be given adequate notice to vacate. Affected commercial businesses would be given two months cash grants equivalent to average income as a means of facilitation. This (two months cash grants) she noted was a decision made after wide consultations among the consultants. She acknowledged that KISIP Resettlement Policy Framework provides for two weeks cash grants which were far from adequate for restoration of the business and wastes opportunities during project implementation. c) Loss of Shelter This applies to tenants and residents. She confirmed that the PAPs would be given three months' notice for vacation and they would be entitled for an allowance to enable them look for alternative accommodation. She accentuated that KISIP Resettlement Policy Framework proposes that each household should be given Kshs. 5000 as one time shift allowance. However, she noted that according to the consultants, the amount does not reflect the family size and did not incorporate individual effort. Thus the consultants proposed that each household be facilitated 15% of the value of the house affected. After finishing discussion on category of impacts and their proposed entitlement, the socialist also discussed the need for the PAPs to form a grievance redress committee to assist in solving cases and complaints at grass root level. According to KISIP resettlement policy frame work, she said, there are three tier lewels involved, in the composition and general stricture of the redress comm-ittee. She then. discussed the three levels. She pointed out that the grievance redress is anticipated at 3 levels; * Settlement Greivance Redress Committee as level 1 * Ressettlement Implementation Committee as level 2 * Further arbitration from Law Courts as level 3 All the levels were explained into details and timelines for reporting was also discussed with the PAPs. She concluded by emphasizing that all those pursuing grievances at the settlement level those who report grievances at all levels will be entitled to some allowances. However those pursuing further arbitration from the Law courts will meet their own expenses. Also, both the SEC and GRC committees will receive 72 training on capacity building, gender issues and rights of women to own title deeds. The PAPs will also be trained on financial management. 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 KISIP Resettlement Policy Framework describes the cut-off date as the date of completion of the socio-economic survey/census and asset inventory of PAPs. During the consultative meeting with the PAPs, the cut-off date of 8' 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 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 3: 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. Questions; Comments; Remarks and Recommendations Sr. Emerging issues Responses 1 At this juncture, a member raised an issue that KISIP National Government representative a permanent building could not be demolished suggested that diligence assessments would be partially especially if it is its supporting pillars undertaken by the government Quantity that are affected Surveyors to address issues of structural stability and integity. I Ifey would then advse on the most appropriate measures to be undertaken. 2 Madam Zubera, a participant sought to know It was agreed that the land or property that had how conflicts would be solved in case the conflicts was categorized as disputed and the owner of the property is diseased, affected were advised to resolve their issues amongst themselves with the help of the SEC. KISIP National Government representative added that the transfer of ownership would only be possible after the title deeds had been processed and issued. He noted that in the instances where the owner of the land passed away after cut-off date the process of succession can be initiated after I issuing title deeds. 73 3 Mr. Yebei, affected person asked to know KISIP National Government representative also how foundation and walls made of bricks reiterated that the three months' notice is to would be classified. Ms. Margeret responded minimize the impacts on the demolition of the that such combination would be classified as structures thus salvaging the materials. semi-permanent building. 4 Mr. Bii, a participant inquired to know who KISIP National Government representative assumes the ownership of property that had replied by saying that the title deeds would only exchanged hands through sale. come with names of people who were captured in the list of beneficiaries that were given in a participatory fashion by the settlement residents and signed by the County Government of Kericho. 5 Madam Wairimu, affected person pleaded to Madam Margret responded that the planning has know why roads could not be relocated to the tried all the best to minimize on impacts. areas that have not developed to minimize the However, planning standards accepted for urban impacts of demolition and relocation. areas require that all plots must have access roads. KISIP National Government representative responded that this would not be possible because road reserve measurements and the law must b'e arlbre to me hirther added that -oA reserve should be wide enough to allow for the development of utilities such as sewerage corridors, drainage system among others. 6 Mr. Ndegwa, SEC Chair noted that it was true Participants unanimously agreed that it was a tall that some people did not know how much of order to repeat the exercise. their structures had been affected and as a result he requested to know if the exercise could be repeated. 7 A member reported that there was a shift in KISIP National Government representative some beacons and sought clarifications from clarified the issue by saying that the the consultants. computations by surveyors could have reconfigured the sizes of the plots hence shifts in the beacons 8 Lastly, a member sought to know what would Ms. Margaret advised him to seek redress from happen if his plot has been built on by another the SEC. person. In his final remarks, KISIP National Government representative informed the participants that once the consultant was done with the exercise the national government in liaison with KISIP would come to the settlement with Quantity Surveyors for the verification before payments are effected. MIN 4: FINAL REMARKS AND CLOSING The following remarks were made in respect to the project: 1. KISIP National Government representative sought to know if SEC formed Grievance Redress Council (GRC). 74 2. Madam Faith, a participant appreciated the good work done by the consultants, SEC and KISIP. She appealed the settlement residents to cooperate well so that title deeds could be expeditiously processed. 3. Mr. Kivuva thanked SEC Chair for his seamless cooperation. 4. A member confirmed that they had started enjoying the fruits of the project such as tarmacked roads. He also requested the consultants and KISIP to speed up the project. 5. SEC Chair challenged the settlement residents particularly the PAPs to report to him any issues that they might face. He stated that he has open door policy to issues. 6. Consultant thanked PAPs and other participants and highlighted that there was no cases of PAPs affected by inter-plot boundary. Thus the RAP findings presented in the meeting will be submitted to KISIP as the final PAP asset register. There being no any other business the meeting was adjourned with a word of prayer from a participant. Thereafter, members were allowed to leave at their own pleasure. Signatories: 1. Korneli Ndegwa Macharia ......*. (Chairperson, SEC, Swahili Village) 2. Cornel R. Akach............... . . . . ..... (Urban Planner, KISIP) 3. Paul Kivuva............. . . . . . . . . . . . . . . (GIS Specialist, Consultants) Approved for Circulation By: 1. Edwin Obadha Ow ino.................. . .. . .. . . . ..***. .**.. . (RAP Expert) 75 Photo Gallery 76 硼 l (_ l - - - l - - 1 i ㄴ ㄴ 77 L ㅣ Annexure 1-3: 1m Technical Stakeholders Workshop Proceedings of Technical Sakeholders, Workshop on Swahili V11111" Informal Settlement j" Workshop - Techniceii $&a Idem, Kericho County Date- &August, 2016 Tow. 10.45 am Venum Church Hall. Keficho Cft lntmducfj*n The. oblecIlve of the first workshop wa, to 1, present the findling, of household surveys. physical mapping, -a vision and validate draft list of banefided". Agenda of-ft workshop Review and validate the findings of see-- - smBY9 arid Physical Mapping and draft list of beneficiaries of Swahili Village Informal settlement. f%wide a way kwward Th ng -sterled -with -a word of prayer mid self-intnoduction by participants.- thm. Silvia i w -County Pimmer, as . '..tar of ceremony imc) u0i of the meeting. The MC welcomed all the parficipgnm The meeting-was chaired-Hon-Joel Slele. Local.MCA, County Government of Kericho and attended by reweserraitiver; from county government and SEC membem; some of them are fistedbelow: Designation 1. n' oel 5 CA County Government 1 2 Mr. Jammed Tvivirihanagier Kericho County Gmernment ndo 3 Du enior Chief National Goverruned mba BO -4 Mr. Lawrence Alro Engineer, KISIP 4(aricho County Govemment Coordinator -5 Mrs. Savin County Plarmer Kericho iCounty Govemment 6 Sharon Koech rjificho 7 Mr. Komell Chairpersoft SEC. Swahili VAlleg Macharia 8 Tfwa" Team to 9 Josq io Survey" Consultants T n ww" I I isfii Einar Urban Planner c'--titants Around 30 participants attended Ihe meeting and tie Affendance register of all the participants is given in Annewe 1. b*oduction: Me. Savialnziani Inviterl the following participants for introductory address: CLrP'r-h.jqmHz=* Mr. Nacharia thanked -KISIP for accurately reporting what the-community had said. Ha. Illmned that consultants to a doctor who correv" dilaunuses a palienFe ailments. He extended his medical analogy to the issue of medicine- and wondered who will provide Ihe medicine which will solve the problem of the residents of Swahlivilw"? If, mit"Cip - lochnkw -.(&Icjm Comfy Local Pl ysical Development Plan-Swaltili Village 110 95 � � � . _ '„^`. '^�L �` !` С•• . . . � .. . � Q": � � . E.s � _._ � •^ � �: � и � �i �: н . с . . � `'�: "`�'�'', С > �V. 4 W � � �� � �, ) Z ы . ._ с�! - � � ы � о � � ..оуΡ -�'д `� � �``t и � О и ��f п rс С'� � `� .r'f г ' ш о К �-�1- Г- г`t „KS• г�1� � � Rr fl +.'� `'� � �j 'Су n ' � � � � � , ✓ сч �' ` U` _ . С � _ � � ц: � г.` ,� � � "' г _ � г� о `` -�о � � �' � �, � � � , � ы „ �, о Ч �i и 7 � . - : -- t, � � . . l �,. � п.: '.�' �' � � �� � 4 � L � °' .� .�". ' t� ,о � S'° о = 3 `"' ' � »� � �, � .,� � � д и � Qi О � р Z � � 'ц SуΡ7 р"� ь N Z � А4 д � й.: � ni м-r ui � г: т а� °�����ri С ы � � CL а д (� L� L ___ � `� � _' � �V , д' . . , � �: у . �� ... _. � V ' R '• * � Э ? Ч: м • 1� VV S� \ '�'Г JJ ( • и � � � • V S �о �? 6 � , , � � } : F � � � �- � �`�; �! � а т..} � � � �' 1 .,� `�г "" • су l7 -,б 0" � - � �r z ; �_ ° п �� °с �' �- И ,,� гr� � °` � � .�а ; `° Z К 4�0 � "n '"'� tY ы "'у � С� Л �' �..��,... ы � N�?{ Г� С"� ``�'� W ` �а Гл'' 5 ,е � � h- � J` С` с' � �" 'а � © � � 41 о "J С? � ° ^ °. �,n �r' - ' �t ._ +л т м � � � J ,�' i о о � � � `а � � tг е�� � � � � z tt- � � � � �' N � � � �, -а д С'� t+P � � ь` © "" � ! � ы ' � Н � � ~ _ � °, � �� ` �' � `j ''. � и � � � r � Q 3 `� _ � � � l _ � � ум ' г '�х •. � З -° �, ц'= J .� �уΡ�.: 5 �, а- - � • .- . �г. ' • г 1 � � �. i `' ' ,, . ,V �- �. гу, ^�у�г в у � � ' � �1 � � � � и н � � � г � � .� • � � д � + �. � � ё0 0 ы � � л ' ` v U U $ �' Z � � � г © � , (� •� !_, О � � 1 1.�.�+'4� ~ � С О " �i � ,cQ � 4' � И.-i c�i с•i д� ыi .с t� оо о� о.-`✓. .-М-� � �.�-. ..� ..> �_. I � � L L APPENDIX 3. CUT-OFF DATE NOTICE Notice for the Cutoff Date d Intercontinental Consultants t and Technocrats Pvt. Ltd Ref: ICT/KISIPICluster 1tDT-`I22 20' September 2016 To. Chief Officer. Lands, Housing & Physical Planning County Government at K*rIcho, Kericho County, Kenya Des, Sir. Subject: Cutoff doe for Inventory of PAP & Structures affected In Swahili Village Settlement Reference to Contract no MLHLID/!L1SIP1CS1005A12013-2014. this letter I. to bring to your kind notice that as agreed in file Meeting of 30 August 2016. the concerned County officials and SEC members of Swahili Village Settlement were Won. ad about the cut off del" for Inventory of Project Affected Persons (PAP) at Swahili Village as 5 & 5 September 20M all the project affected persons In Swahili Village "Ifflern7t -,5 & 6 r.:n Se;Zn e=Z- Tht:Y R explained about the :T= -,nl vo untary removal of all affected assets. The consultants measur encroaching on road reserve as par the PDP and "me was cormmInicated to the beneficiaries (PAPs). During the same time PAP weni, also told about the cutoff dates and It was explained that no resettlement facilitation will be provided for any structure added on mod reserve, after the cutoff date. After valuation of all inventories structures/assets, an entitlement matrix will be prepared to guide facilitation for PAPS and Submitted m pad of Draft Local Physical Development Plan for the settlement. Thanking you for your kind cooperation and assuring you of our best services. Y-M faithfully. -- I - >-" 77 * O"P. TrIpathl Team Leader Intercontinental Consultants and Technocrats Pvt. Ltd. CC: County KISIP Coordinator Chairman Swahili Village Me Infrastructure Solution- 80 Proceedings of Community Stakeholders Workshop 2" Workshop - Swahili Village Informal Settlement, Kericho County Date: 301 August, 2016 Time: 9.15 am Venue: Government Primary School, Swahili Village Introduction The objective of the 2'd workshop was to present Draft LPDP of Swahili Village Agenda of the workshop * Review the LPDP of Swahili Village * Provide a way forward The meeting started with a word of prayer and self-introduction by participants. Mr. Mr. Jared Okomo Onyando, Deputy Town Manager, as a master of ceremony (MC) facilitated/ anchored the proceeding of the workshop. The MC welcomed all the participants and briefed them about the status of the project. The workshop was chaired by Mr. Komeli Ndegwa Macharia, Chairman of SEC and attended by community along with representatives from national government, county Jovernment and SEC members; some of them are listed below: S1. No Name Designation Department 1 Mr. Jared Okomo Deputy Town Manager Kericho County Onvando Government 2 Mr. Lawrence Airo Engineer, K encno County Coordinator Government 3 Mrs. Silvia Inziani County Planner Kericho County Government 4 Mr. Korneli Ndegwa Chairperson SEC, Swahili Village 5 Mr. Hasan S.A. Abdullahi Secretary SEC, Swahili Village 6 Comel R. Akach Urban Planner KISIP, Nairobi Celestine Wanjala Cartographer/GIS Expert KISIP, Nairobi 8 Mr. Kaburu Surveyor KISIP, Nairobi 9 Deepa Tripathi Team Leader Consultants 10 Joseph Kiioh Sociologist Consultants 11 Geoffrey Wamaina Surveyor Consultants 12 Satish Kumar Urban Planner Consultants The invitations were sent to all the selected key stakeholders and all beneficieries by the County government. Around 100 stakeholders attended the workshop. The attendance sheet is attached at the Annexure 1. Proceedings: Mr. Onyando invited the following participants for introductory address: ChimPUUU1. TIM~ chtpro we'comed all the paFtiempaints and-express-4 his happiness for the stage of work. Then he introduced the members of SEC. He also requested participants to feel free to contribute Eng Airo: He welcomed everybody to the meeting and requested the participants for constructive contribution in the workshop. Mr. Kaburu: If the people are satisfied with the work done, it will help the national Government to proceed with issuance of titles. After the introduction Mr. Onyando invited the consultants to make the presentation. 81 The various aspects of LPDP were presented by Ms. Deepa Tripathi, Team Leader; Mr. Geoffrey Wamaina, Surveyor; and Mr. Joseph Kiioh, Community Development Specialist. The presentation was given on the following aspects: * Introduction * Scope of Work * Objectives of the Project * Approach and Methodology : 3 Phases * Key Challenges as identified by Stakeholders * Swahili Village Vision 2036 * LPDP Proposals o Population Projection " Contour, Slope Map, DTM of Swahili Village o Development Constraints & Potential " LPDP - Assumption, Aim and Objectives o PDP and Survey Plan o Proposes of LPDP " Land use o Socio-Cultural Infrastructure " Health Facilities " Transportation o Physical Infrastructure o Water Supply o Sewerage and Sanitation o Storm water drainage, o solid waste management system u Power Supply and Stroot Lighting o Fire Fighting * Affected Structures * GIS/LIS for settlements After the presentation, the Team Leader requested the participants to make their comments and/or suggestions. Mr. Onyando invited the members for their response to the presentation. Suggestions/ Issues of Swahili Village: Query/ Question/ Answer/Commentary Observation This baraza would be the final Anyone with any issue should clarify the same in one. The consultants will not this final baraza. be coming back again to hold a similar baraza. Plot 46-someone claimed that The decision to allocate plot 46 to the old lady was there was nobody living there, made by the SEC. and that the plot should be ke t as a green area. Questions arose regarding Since the questions revolved around plots 35, 73, 51, 68, 36, 47, ownership/benetliciary list, the meeling mobulved 57, 50, 54, 55, 57, 23, and 24. that the whole list be read out again. This was done and amendments made where applicable. Representatives of Maranatha It was explained that the county government wrote church and school asked why to KISIP national office regarding the matter. KISIP their plots were not included in officials a the meeting confirmed that they had the planning. received the letter from the County, and the request was being considered by KISIP and if approved, will still need further approval from 82 Query/ Questiont Answer/Commentary Observation World Bank because it involves contract variation. The owner of plot no 68 who The owner produced copies of proof of ownership could not be found earlier has - allotment letter and deed of sale. now been found. Names in the beneficiary list The rectified list will be mailed to County officials should be as they appear on and SEC and beneficiaries will have a chance to th national identity card. check their names. Vision statement This was confirmed and agreed by the community. Community asked to read the The list of all beneficiaries was read out loud by the list of Beneficiaries consultant. Therefore the list was again rectified with necessary corrections. Cut-off date Declaration The participants were informed that the exercise of taking census of the project affected persons, asset inventory and the socio-economic survey was to start on 5th and end on 6h of September 2016 and all those engaged in any activity within the proposed area should be available for enumeration. The last day of the exercise which is 6th September 2016 therefore becomes effectively the cutoff of date. The PAPs were informed that no claim will be entertained after this cut-off date. Way Forward: * uonsuktant will pepa eand subm it tle fimal LPDP report * The process of issuing title deeds will be expedited. Closure: The meeting ended at 5.30PM with a word of prayer. Workshop Phot raphs iii L 83 Signatories 1. Jared Okomo Onyando ...-......-- (Deputy Town Manager) 2. Lawrence Airo.................ro. . --....- ..- (Engineer, KISIP Coordinator, Kericho County) 3. Komeli Ndegwa ................ ........... (Chairperson, SEC, Swahili Village)K 4. Hasan S.A. Abdullahi.............. -- -..---ah-- (Secretary, SEC, Swahili Village) 5. Cornel R. Akach, (Urban Planner, KISIP, Nairobi) 6. Deepa Tri pathi................... - (Team Leader, Consultants) 7. Mr. Joseph Kilo..................... . .--- (Sociologist, Consultants) 0. Geoffry Womaina .------ (Surveyor, Consultants) iv 84 Annexure 1: Attendance Sheet of workshop -1ZI 85 с...вии г.и.. i. н.-.в.r r»*к в1 s.�.�r+ы�--+',.ь^�" Ir'[t n"'�' """'.м r.w .-. �� �ц.�� W4wYL . ьчаwn+.� ��вrдвсН'-7.гл�о.r-•ииР а»��м(нiV � ?•:s'и~. �ihи ,ь.nи оввеыьи ►s 1�rraв k+�' �у"в'• �}Sс,лв4.лt�s�ьм_. мr.м+� ,,....__... �, , � �i' '� ' .`. L. .ос г�FF ... м .�;:, ,м' � -- �16$U-Q�6 .Sti+ и ,,, �i+ �II' �1 � �i- -�", i : 1 �� . , � +и ` t ; �� ,�,м" �. �. .- . . . � . , .._... у .�.«д . ..: Ч � ' 14��. . .�� :� r1гА ' � {� ' � ' � ; ;� .� .�.'�k .г;.. t�."а' :�. - '�л; , � . .. _ ' '� ' „ . ..�� ' . ' rи ' 4 i.� -� "� , fe � 3'�.'� .€.'''; . х:н ' k . i г .�. .; -.>; :.' � "»п' ` д�"х '" �,;� � -- s1 � _ �: ` >.. #'iлiмSмLr : r � _ . .1.:-: .. .���'°'� �. у� -'``.I vy Л� � 1 К7-�'�"�`. .7� � .., . ., .,.у ' � _- ...._ ._� . гwт���-:т-и�..�ь.н.� . . . -.--'....._...._.. �-_...•--..---� . ... ...._-.__ . .-_ ,.... . . . . ..... � • � 1 i г+•.мм s..ь� м w.ыi r мм� а иrr ьь.r ьr...+ы вв+�ь.в+..� rгиы� мыь.оЧ+•г вь�. L'w"иь"'ь.Lль� _ �мввм... G,.г.ви+[rаа.а.и� лxs.twP w ��(rylч+�'ar <•�l ►,лn � ` д ь`-i.:r .�._..,_...r�J __��-.. . rм,ыг . � . . ', l. :. _ �ж.... �._......__. ._,.i�-.---� , �.._ _ ._.----.� , i � _ Carsм W°�д� r nT d�:л_..i� [С..#в �tr*л � ы � ЕΡ -^уΡ `4 •. ��г►�_ • �..-м�S!""�...-!w'F ���--� 1Г��У.,' . ��� «av--.. � _ .. � j♦гг�.м УлЧа+ ц[�. _._ 37"�I�t"�". 'э�#�`а.� ? г �. f � � _.:�.,,_ Q-� � I( i�'Г_г qл . . =С'?t� ..г а"� 1 ' А�...... � '_ � д .м у, � 1 � - . ^� • t �R ' »л� t�" �, _ 4 .�� .�Т� µ �� и . г � �: �. м� »..,.�м .,.. �� { . . � � " w «д. � ..:.. .р„г ,���„:� и» � �= � » у�« '�' « . ..� .. . . � � �... � . :. . .... . ���w .�♦��.�. � � ,^.i ���:�в� ..�+р�-. ':Э _ ' �Н � �( l.__ �� �'" V1 �_: �_ �" 86 � 一一一一一一一－－一－－一－－一 細．..&h,“•．一陶．，一h肉’州‘”•．&h‘物“..‘■目嗚攔網•州闔‘•饑論曲“闖，一細“& 一二＃江眾～一一，&～一當臘談礬樂， ＿囑 一蠢計一 - 弋 - 〔、 { 走 〔＿ -__&i, 〔＿ L_ {_:7 - PLANNINGMEETING Annexure 1-1: Introductory Meeting with SEC members ConsuftarmyS#ntesforPfenrftwdSurayingofselededinfoimalSoMmentsinNaimbi. Kisumu, Kakamop and Keficft Counties in Clustirl, KOM VJckoff Meeting at Kericho County Minutes of the consultative meeting held with County Officials, SECs members on Ir May, 2016 at the County Admintstrators office- Kerfrho. Attendance: i Name InstitutionlCompany Designation Jared Onyando Keftho County Town Administrator (Chairperson) - Eng. Lawenoe Alro Kericho County KISIP Coordinator Hassan Abdulah N.R Forum County Coordinator Silvia anziam Kencho County Physical Planner 1 Charles Lamat Kericho County Sub-County Admin Richard Rotich Kericho County Sub-County Administrator Wlson Koech Kericho County Webre Officer Cornet Mach KISIP Nairobi Urban Planner i Salesio Kaburu KISIP Land officer Celestine Waniab KISIP Nairobi Carlo/ GIs Ir.T I rpMpv KpnVajld_ IL I Urban Elannor GeoffreyWamaina ICT / Geodev Kenya Ltd Surveyor Joseph 101o Geodev Kenya Ltd Sodologist Christopher Turn Geodev Kenya Ltd Land Surveyor paw twuva Withi Geodev Kenya Ltd GIS Specialist Joseph RR Aganyo ICTI Geodev Kenya Ud Land Surveyor Wsa Langat Talaii member Mercy Ngeno Taial Member HellenSitienei Talai Member Joyce Chepkorir Talai Member Rhoda Talamei Talai Member LeornardEnzoveli Swahili Member I Joseph Kering Tawl Secretary I Jane Slienen Talai Landlord I Paul K. Soi T81ai Chairman Alfred Kodr Taial Disabled persons representative I Jane Sitienen TaW Landlord Adam Offer SwahPi Ndegwa Macharia Swahili Chairman Abdul Sharrisdin Swahli We Chairman Mariam Rimallah Swahili Secretary Reuben M. Be Swahili Member r Sahm Omar Swahili Member Omar Bedul Swahili Member ZaWLAsman Swahili Member Mohammed Abdi Swahili Member PriscilaWanfiku I Member DaudiKeter Kericho County Dept Of Environment Kevin amani Ke ri Courity P.PA Consuftfive Mee&ig Loral PhYsical Development Plan-Swahili Village 103 88 Consiultancy Services for Planning and Surveying of selected lnfamal Selflements in Nahobi JGsumu, Kakarnega and Keicho Countes in Cluster I, Kenya - The residents were asked to assist the consultant in the course of their work and provide any relevant data that may be required. Meeting in Progress Min 3: Observations from the Local Community - Wanted to know what will happen to those who have titles and allotment letters? - Majengo Talal has PDP which was prepared in 2013 and the plots surveyed. Residents had been provided with allotment letters. - Some people in Majengo Talai had been allocated plots along the Riparian reserve and on sloping areas and they could not build. - Some people in Swahili Village have been allocated plots along the Riparian reserve. - Consultant was asked to work closely with the county officials as they are the local leaders and understand the issues better. Response from KISIP Officials - Consultant will collect all the ownership documents for verification first. - Assurance was given that consultant will look Into all the Issues In consultation with the locals, the county government, KISIP and other relevant government departments to come up with a solution. Min 4: Closinq Remarks - The participants were asked whether they support the project to which they answered in affirmative - It was agreed that three representatives will be appointed to take consultant around the settlements. - Participants were encouraged to go pass the message to other community members so that they were aware of the project AoB However after this meeting, it was requested that teams from the County Government, KISIP and the Consultant to revisit the issue of land allocation along the riparian and deliberate on ways to deal with it. It was agreed that moving forward, the local community must be involved fully in coming up with the solution. It was however agreed that It was still too early to suggest ways of dealing with this. Consultative Meeting ili Local Physical Development Plan-Swahili Village 104 89 -� Sigпaturo ShoM о( CorтвuftaUva Moolings hвlд in Kвrkho County ,. lpgp Conwlйney евпrlси ior Р1апп1� апд SlNVaylп9 о1 aNкhd lntoмW 3Ntlм+мb 1n NNloЫ. кbити. Kakamвga апд к•г1сМ eountNa 1п сlивtвг 1, кмrа _ АМвМвпевRвW�тг . ot. �,OгChb � S6� /!!Е'�BFRS � ?'о �'Mk Cow/i ыO�� ' МwцпУРиР°•r t�.г��ЕЬDисзоАУ '1�' ��а иlGв4У �о.� / 4Cf %�/б �,,,,; /0�3о�}лг. р!� о .. Ч� � С ,�р 7пу аом ИтОК ЕпиХ {t,.• !сг 4мt+.�✓ NiJ. Ть / о+l..��... а'1в� 4а4 sьв di+p�•1.- rcfe,L.. ( _ г✓ д и а��1 �ozб � lsм4�.р 1 о�,,..и � о7�.чзsгs7г ��!'!д _ "'^'� _°�--- 9� С. li�Gtet� ц1[�Л�-�i�i � --- SQIas��iи`ч 1�-iS�P _ - 1 е, q Ки �.-гlав с� t4 c! .s о7�г 6�7-9оЭ w+� 4к�-�ь� ��ь ,., - ,. � � . 3 .• �� ,�lс ' �- • . г �L в � . . а7 ' .SbrZ о7?� •. .... у�о j:Ce Срап � ! р, .� �2193q735 "'М'с � - С� �дц�..г, СдаслРьб� о7АЬ457367 61'w.y"'°�'Лт'"� ��.�.�.� �� к м ои 5 й а....¢л. 0 Чб�b ��г.s.;.r1 � ,.r.�(t_ "-! �.+WmncY SsrNcss brPMm'uN+^д SLмYMq диМсNдk�ldmal5eabmвNS п МагоЧ. Кцити. Квkыnв9в мд Kakfю СапЬвs 'м Сй�1огС Кплу+ �.. р�р• cpnaulynry g•INps for ррппИО вт1 gurwylnp о1 вМкид 1п(атпtl 8вtllnaмb М NaMOЫ. Юеити. Квkвтврв апд 1Caleho соtмдвs М СИrОгг1. Киуа Ап.rдиw RваWг МмапОРwре.в• Scr: - TAV.� � 9иГАи�и viu.лa6 r к� alGHO т�, р,ао Ам � юиам,у„r .юьтwв vмми��еп ыw! ввв J 4 П! � � v О -2'8 __ - -- К.,� г и ORaoo �.э� `� J`д.DОб� Kat1l� At,Qs{_!_ �+ �� а Ч kогь� _ FькnЕВ &ы, -}�s�1 ` смуг' ____ . r' а � --4 �_ � Locaf Рlrosirnl Dгrtlорlпли Р1аа-Sмпhгli Vi]lagr � 105 1� L� L, 90 1 Annexure 1-2: Entry Baraza at Swahili Village settlement Proceedings of Entry Baraza at Swahili Village informal Settleirtent, Kericho County Project: Planning and Surveying of Swahili Village Settlement under KISIP Date: 30' June 2016 Time: 10 am Venue: Mjinl Public Primary School, Swahili Village, Kericho Agenda of the Baraze - 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 socia-economic survey in the settlement - To eiaborate 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 sell-inlrDduction by participants. Mr. K Cherulyot. Area Chief, as a master of ceremony (MC) facilitated/ anchored the proceeding of the meeting. The MC welcomed all the participants and briefed them about the agenda of the meeting. 'Tbe meeting was chaired by Mr. Komeli Ndagwa, Chairman of SEC, Swahili Village and attended by community along with representatives from national government, SEC members and community; some of them are listed below: Depork"On! tfft _ SEC, Swahili Village Mr. Korneti Ndeqwa Chairperson 2 Mr. Saft Omar Or(lanlsinq Secretary SEC, Swahili Village 3 Mr. K Cherulyal Area Chief Min" of Interior, Government of Kenya 4 Mr. VAlson K Koech County Welfare Officer Kericho cou 5 Mr. Joseph 101oh Sociologist ICT/Geodev (Consultants) 6 gL an::r-er ICT/Geodev (Consuj s 7 1 Mr. Paul Wive GISE I I I ICT/Geodev (Consultants) Around 50 stakeholders attended the entry baraza. The attendance sheet Is attached at ft end of proceedings. Proceedings: Mr. Cherufyot explained the agenda of the entry baraza. He then Invited Mr. Komell Ndegwa, SEC Char, to address the baraza. Mr. Ndegwa informed the participants about the positive benefits of the project as beneficiaries will get the ownership by end of the project. He also requested the participants to pay attention during the meeting and ask question in the end, 0 any. Mr. Cheruiyot then Invited Mr. Joseph Kiloh, consuftents7 sociologist to explain the agenda of the meeting. Mr. KRoh explained the agenda of the baraza in detail. After explaining the agenda Including project objectives, process and expected output; process of socio economic survey, and expected cooperation from community during socki economic survey*. Mr. Kiloh asked the vanicipants to corns up with emy queslieris about the alimirids and pro1w The questions rd participants were answered by Mr. IGioh and presented in the table below: I Guestionsl queries I Response What would be the late of the primary I The mosque and Mini Primary school will be part Enlry Baraza - SrA" Vftge Informirl settlement Kericho CouW Local Physical Deirlopynent Plan-Simahili Village 106 91 Ouestions/ queries Response school and part the mosque which are of the Swahili village boundary beyond the perimeter boundary? What would be the fate of both Both Maranalha Church and Its Primary school Maranatha Church and Its primary serve the Interest of the Swahili village community school because they both fall oulside and equally they fall outside the perimeter the perimeter boundary but are very boundary, what is also the late of these essential to the community? institutions. Who should get the land title for a The next of kin will get the title in case of deceased person? deceased but such cases should be ined up for discussion during validation of the list of beneficiaries. There are two generations of letters of Referring to the issue of letters of allotment, the allotment which give different team said it will consult with the Ministry Information from what is shown in the responsible for better answer and informed PDP. decision. The beneficiary list will be prepared in consultation with the community and all the available information will be considered. When beneficiaries will get the title In end of the project after soclo-economic survey, topographical survey, beneficiary list finalisation and plot survey. Way Forward: 1. The community will cooperate during the socio economic survey Closure: The meeting ended at 2:00pm with a vote of thanks from Consultants and a word ^f pryer Ently Baraza-Swahill Village Signatories A 1. K. Cherulyot.4 ................. (Area Chief) f.JIi' (Chair, SEC Swahili Village) 3. Joseph Kiloh. ................ (Socialogist, Consa a Team) Entry Betaza- SwahW Vitage In&rmaf SeMMenan Kerkhe County Local Physical Developinent Plan-Siahili Village 107 92 Attendance list of Entry Baraza * --- .. . ....- -.- - c - - - J-. - ________g_ter __eI.- ii% t 4 J;~ 1'~2 so i. L..Jer.4 _______ _93 .~, _______ ______ _ ____ _ ____. Ii -~, ~ ~ IL~'~J~.4 _____ _108_ -r - ~ - -- __93 - 江 ～一一•一一網一一一一一■一一一一 ―一 「 -r＃一－&-－歡·。－－州。－‘一二 ,.,，開一饑生―T〞― 于叩一 r一，______＿一＿_; 一一一一～--～網•開“•．• 絮遺上迅合他～榆造亡士f化＿ 一產翁 觔caIPll啊icaID乙州卹nIm&P勿”布‘,aIJiIi認1109。 一109 __94 Lawrence Alro: Mr. Airo gave a welcome speech and welcomed all the participants, He inforrned that the KISIP project started inthe year 2011 and now is thetimefaTthe project to yield title documents. MCAs.have been showing their interest in the projecL There is a separate consultant for road design. Mr. Airo explained the circumstances behind the delays in road project(s) Implementation. Deputy Town Manager: Mr. Onyando extended a warm welcome, and sold that the project will result in prosperity for the residents of Swahili village settlement. Area Chief: Mr. Bii noted the tremendous assistance provided by KISIP projects and welcomed all participants. MCA-. Hon. Siele expressed his appreciation for the work that KJSIP is doing, but noted that there have been undue delays in the implementation of road projects. He emphasized that there is need for continuous productive activities. With regard to planning of the settlement, Hon. Siele underscored the lack of recreational areas for the children - and hoped that this project will address that anomaly. He informed the meeting that open places In the settlement had been grabbed. Regarding the beneficiary list, he opined that family representatives of deceased persons should select a representative. After the welcome addresses by key participants, Ms.WzIani requested the consultant to make the presentation. Presentation: The findings of soclo economic survey and physical mapping were presented by Ms. Deepa Tripathl, Team Leader Mr. Geoffrey Womaina. Surveyor and Mr. Joseph Kiioh, Sociologist. :PIS PF866Ata4J8A W86 SiYOR 80 the NIISWiRp SOP8816i . Project Background " Project Objectives " Scope of Work " Duration of the Study " Commencement of the Study and Team Mobilization " Approach and Methodology . Community Mobilization and Sensitization . Stakeholders Analysis . Digital Base Map . Socio-economic Survey . Environmental Baseline Survey . Recommendation, Prioritization and Vmioning . Draft List of Beneficiaries After the presentation, the Team Leader requested the participants to make their comments and/or suggestions. Mrs.TXnziani invited the members for their response to the presentation. Suggestions/ Issues: Query[ Question/ Observation Answer/Commentary Open spaces/playground. If those open spaces are This matter would be addressed given to someone, then we need to recover those exhaustively during the 2nd workshop open areas for the overall well-being of people. at the villace an 09/G8/1 6. There is some open vacant land near existing school. This matter would be addre Can It be made part of the school area? exhaustiv i uring Ihe2 workshop at the villacie an 09/08116. Displacement of some plot owners: it was mentioned This matter would be address that a few plot owners were instructed to man from I exhaustively during 24 wofthop 110 Vibrkshop - Technical SwArshotdars of Kadcho County If Local Plkysical Development Plan-Swaldli Village 96 Query/ Question/ Observation Answer/Commentary their current plots to other plots- at the village on 09/08116. Land grabbing - some of the land in the settlement The land grabbers would be named has been grabbed. during the workshop at the village on 09108116. Plots for social amenities such as schools - there are With regard to Muslim school, the fears that such plots may have been grabbed by consultant had seen documents Individuals. confirming that allocation is to the Irustees. However, details regarding other community facilities such as MJini School were not available. This matter would be addressed exhaustively during the 2! workshop at the village on 09/08/16. Issues of injustice among family members: some SEC must watch out that this does not people want to 'squeeze out' other family members happen. from family land Deceased plot owners -suggestion was made (by Noted 1Mr. 131i) to issue titles In the name of the deceased, then the families will follow through with succession procedures and processes. This will ensure that some family members are not sidelined. Commentary on presentation by the environtalst Noted a) Malaria is an environmental disease -there is need a rope in the Ministry of health to see how the community can be helped b) County government should move fast to secure publIc places c) With regard to sanitation, the government should address the challenges quickly to avoid pollution of water d) Some of the public places should be ear- marked for solid waste management Beneficiary lst The Chief advised SEC members to Noted work in unity and not to entertain any conflicts between themselves as leaders. He wamed that should such conflicts arise, they would impede any progress expected during the 2"d workshop at the settlement. The consultants agreed to finalize the list of beneficiaries with the help of SEC, Area Chief and County Officials. All the issues related to missing or incorrect information about beneficiaries would be resolved. Vote of thanks: Ms. Sharon Kooch, Ward administrator gave a vote lof thanks. She thanked all the participants. Way Forward: 1. it was wyind by ll dral the li1 f bnfiarie vill be finali.J .th the ate hlp from SEC members 2. The list of beneficiaries will be finalized in the workshop with community on 9 August 2016. 1" Worishop - Technical Stakroldem of Kerlho County Local PhYsical Development Pan-Swahill Village 112 97 Closure: The meeting ended at 02.OOpm with a vote of thanks and a word of prayer. Workshop PhOtographs Signatores 1. Jared Okomo Onyando (Deputy Town Manager) 2. Lawrence ....................... (Engineer, KISIP Coordinator, Kericho County) 3. Silvia nziani......... % ..................... (County Planner) 4. KomeN Ndegwa Macharia... . ........... (Chairperson, SEC, Swahil Village) 1" W akshop- Täc~ncalStakaolders of~KarChoCounty tv Local Physical Demelopment Plan-Swaili Village 113 98 5. Duncan Kipchumnb (Senior Chief) 6. Deepa Tipathi...................... .... ...... (Team Leader, Consultante) 7. Mr. Joseph Klo ............ ............ (Sociologist, Consultants) 8. Geoffrey Wamana (Surveyor, Consultants) 1m orkshop- Tcmcal SAEholdm of Kho Couny Local Physical Derelopment Plan-Swahili Village 114 99 ConsutancySvices r plannng ndSuying of selctnfmøalrS~n~ emn s il Naobi.10sum. Kakaega and Kiho Counles kn ClusI, Kenya Annexure 1: Attendance list of workshop te" 1 b Workshop- Tachnfcat-takwftoldwr of~Keftto County vi Local Physical Delopnent Plan-Siahii Village 115 100 Annexure 1-4: 1" Community Stakeholders Workshop Proceedings of Community Stakeholders Workshop 1" Workshop - Swahili Village Informal Settlement, Kericho County Date: G* August, 2016 Time: 10.30 am Venue: Government Primary School, Swahili Vilage introduction The objective of the first workshop was topresent the findings of household surveys, physical mapping, 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 Swahili Informal settlement * Formulation of vision for the settlement * Provide a way forward for finalization of list of beneficiaries The invitations were sent to all the selected key stakeholders and all beneficiaries by the County government. Around 80stakeholders attended the workshop. The attendance sheet is attached at the Annexure 1. The meeting started with a word of prayer and self-introduction by participants. Mr. Jared OkomoOnyando, Deputy Town Manager, as a master of ceremony (MC) facilitated/ anchored the proceeding of the workshop. The MC welcomed all the participants and briefed them about the status of the project. Ifteoushup was chalred by M.iXoan-liNdagwuaaume, Chrsinnen of BG anJ aJi J bycommuntty along with representatives from national government, county government and SEC members; some of them are listed below. SI.No Name Designation Department I Mr. Jared Deputy Town Manager Keuicho County OkomoOnyando Government 2 Hon. Joel Slate Local MCA Kericho County iGovemment 3 Mr. Duncan KipchumbaBil Senior Chief National Government 4 Mr. Weldon Cherulyot Astant Chief National Government 5 Mr. Lawrence Alro Engineer, KISIP Kericho County Coordinator Government 6 Mrs. Silvia Inzieni County Planner Kericho County Govemnment 7 Sharon Koech Ward Administrator Kericho County Government 8 Mr. Chairperson SEC, Swahili Village KomeliNdegwaMachaia 9 Deepa Tripathl Team Leader Consultants 10 Joseph Klioh Sociologist Consultants 11 Geoffrey Wamaina Surveyor Consultants 12 Satish Kumar Urban Planne Consultants Froaehings: Mr. Onyando invited the following participants for introductory address: 10 Workshop-SwahII Vllage Community Stakeholders, Kericho County Local Physical Development Plan-Swahili Village 116 101 Ward Administrator:MS. Sharon Koech highlighted that the focus for the meeting was not roads, but tenure regularization. She asked for patience from the community. SEC Chairperson: Mr. KomeliNdegwaMacharia welcomed everyone, and encouraged the community to feel free to ask any pertinent question. Senior Chief: Mr. Duncan KipchumbaBilasked community to ensure peace, security, orderliness throughout the meeting, and encouraged community to say what their problems are. He also noted that just as some diseases have no cure, there may be problems without solutions. Then Onyando Invited the consultants for making the presentation. The findings of socla economic survey and physical mapping were presented by Ms. Deepa Tripathl, Team Leader Mr. Geoffrey Wamaine, Surveyor and Mr. Joseph Kiloh, Sociologist. The presentation was given on the following aspects: * Project Background * Project Objectives * Scope of Work * Duration of the Study * Commencement of the Study and Team Mobilization * Approach and Methodology * Community Mobilization and Sensitization * Stakeholders Analysis * Digital Base Map * Socio-economic Survey * rnvirmnmpntal RmaAinn Rul.rvay * Recommendation, Prioritization and Visioning * Draft List of Beneficiaries Vision Formulation: The vision statement, as formulated by the consultant earlier, based on the stakeholder consultations with community and key informants, was presented to the community. The following vision stalements were presented to community: * A settlement with a high level and professionalized manpower * A Swahili village that Is easily accessible by good roads and has a 24 hour economy * A settlement for all with a common purpose to improve quality of life * A secure and livable settlement * A self-sufficient settlement with enough food * A well planned settlement with clean environment, accessible roads and good water supply to every home * A settlement with good resources and a healthy community * A well planned settlement with better infrastructure and good housing Based on the above statement a comprehensive vision statement was also presented as below Swahili Vision 2036: WebU planiid is d secur neighbourhood with high quality of life, vbrant economy and good inasidulmum ai services The above mentioned vision statement for Swahili village was accepted by the community. Mr. Onyando facilitated the questions and answere session. The participant, were requested to come forward to make their comments and/or suggestions,The participants appreciated f" Workshop-SahilI VUIgp Communiky 3tiksfhlders, iertoho County Local Physical Development Plan-Swahili Village 1l7 102 the household survey findings and physical mapping presented by the consultants and mostly commented on the beneficiary list. Suggestions Issues: Queryl Question Answer Some names are missing from the list The correction in the beneficiary list will be made based on the documents produced by the community. List has many errors It is a draft list. It is going to be finalized with the participation of the community. The consultant will leave someone on site to collect copies of allolmant letters. When paying rates, the plot number of the The records may have been mixed up due to allotment letter and that with the municipal different references for the same plot, resident authorities are different - why? can take copy of allotment letter to municipal authorities for harmonization Confusion with regard to plot number on There are 3 sets of references for the same allotment letter and the number on the cadastral piece of land, I.e. plot number before survey, map LR. No. upon survey, and Parcel number on Registry Index Map There is one old lady (with many First the community has to bring its grandchlldren) staying on open space, proposals for that open space and bring the unclaimed by any. Can she be allowed to stay supporting documents, then consultant will -n thnt pIn?s take thn daridion in consultation with the county and national govemment. How much time it will take to get the title deed The mandate under the project Is to provide title deed before April next year. The consultants agreed to finalize the list of beneficiaries with the help of SEC, Area Chief and County Official. All the Issues related to multiple owners, missing names, name of descendants Instead of deceased, etc. will be resolved. Closing Remarks: The closing remarks were given by the followings: Senior ChiefWhere alottee is deceased, the title should come out with name of the deceased - and chief will deal with the process of succession. MCA: Hon. Joel Sleleencouraged the community to live peacefully, shun drugs and alcoholism. He also informed the meeting of plans to develop schools and establish a dispensary in the open space. He encouraged everyone to think of how the town can be improved. Way Forward: 1. It was agreed by all that the list of beneficiaries will be finalized with the active help from SEC and community members of the settlements along with the county officials. The SEC, with the help of community, will prepare the final list of beneficiaries. 2. All the banefik.la will piuvia douments like allutment lettes, title de...d, etc. and the SEC will hand over the final list of beneficiaries along with documents to the consultants. The cut-off date for finalization of list of beneficiaries is 11' July 2016 and after that there will be no change in the list of beneficiaries. Closure: The meeting ended at 02.00pm with a word of prayer. 1" Workshop -Swahlil liage Community Stakeholderv, Kertcho County fM Local PhYsical Development Plan-Swahili Village 118 103 Workshop Photographs 1 Workshop -Swah Village Community Stkekholdar, Kericho County lv Local Physical Development Plan-Swahili Village 119 104 Signatories 1. Jared OkomoOnyando .................. ................ (Deputy Town Mana er) . 2. Lawrence Airo . .................... (Engineer, KISIP C dinal Kericho County) 3. Silvia Inziani................ ............. (County Planner) 4. KomeliNdegwaMacharia.... . ..... (Chairperson, SEC, Swahili Viii e 5. Weldon Cherulyot .......... (Assistant Chief) 6. Duncan KipchumbaBii W (Senior Chief) 7. Deeps Trpathi.......... ....... (Team Leader, Consultants) 8. Mr. Joseph Kilo......... ..... ... ......... (Sociologist, Consultants) 9. Geoffrey Wamaina...f. ....................... (Surveyor, Consultants) I" Wrikshop -Swahili Vilage Community Stakeholders, Ka0icho County Local PhYsical Development Plan-Sivahili Village 120 105 l г г г Аппехиге t: Аttяпдапсе 1'rst of vюrkshap г°^:+,Егапсr 5втvlиs for пмпа,8 г,ц 5,и"г1ь,Е д5с�гггсд ыюгпw 5ае�пт� п млгоб4 �+,+ь в+�*г!л тд вvktи, �. негпJвпсепгригг \JлLi,^.лС•or .аг...5�..�. - t•м+,е � , .•., • игпгkц r"°°'а. i отг Тьпс ..1С �.;. .. . 3lab i Nа+гк �'---' ,i рjsаNпШг✓ 1 b8 Trtk i Лbпг Мп � Етай ._.. 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' F f���.>!С'��. ��: F" -7 .. �S'Гt1ri '�lС��1l11) «� �' ... <) � у �Д "� -У. ti� � цу »rr> .;.,„:�'�4"�'... м� у.�. '.:м� Lncn1 Pk�sirnl Леисlоргnтг P1mьSnahili ViПage - 140 �_ _� 124 Proceedings of Pubic Baromfor Survey in Swahili V111age them that at this stage the planning work Is completed and survey work was starting. During the survey works beacons will be placed to demarcate the boundary of each plots. She requested the SEC members to help the surveyor actively during survey work. The team leader then Invited Mr. Joseph Aganyo, Surveyor, to brief the survey process. Mr. Aganyo In his remarks appreciated the steps the people have taken from the initial introduction of consultants to the point where survey work is now due. This Is the final stage of this entire process and it calls for total collaboration and participation of every one of us. He concluded and invited Mr. Geoffrey Warnaina to Introduce the survey team and explain the survey work process In detail. Mr. Warnaina then explained the detail process of survey work; the work involves examining, recording and beaconing the area and features of an area of land so as to construct a map/plan which will be submitted to Director of surveys for approval upon development of a registry index map RIM. Every Swahili settlers will be required to see the beacons and identify themselves with the beacons. All land owners shall sign beacon certificate after the process of confirming their boundaries, he added. All plots will be beaconed except for the 10 plots with little deeds. For the 10 plots we do not have any mandate to re-beacon. He then Introduced the surveyors who will work on Swahili NAllage. ID card Distribution: Ms. Deepa Tripathi then explained that ID cards of each beneficiaries have been prepared based on the final list of beneficiaries prepared with the help of SEC and community. She also mentioned that ID card Is not a proof of ownership and it is only a proof of Identification. Then she requested Eng. Airo, Kericho Town Engineer, to distribute the ID cards to beneficiaries. Mr. Kfloh called the beneficiaries one by one for card distribution. The SEC chairperson verified each name and Eng. Alro handed over the ID cards to beneficiaries. All the beneficiaries who took the ID card were also requested to sign on the receiving sheet and the same is attached here In Annexure 2. Issues/ Suggestions: The issues/ suggestions raised by participants were addressed by consultants, which are presented below. Questions/ Issue/ Suggestion Answers/ comments When the survey work will start? The survey work will start tomorrow and all plots will be surveyed except those with title deeds. What are the reason for dispute in the 3 In the previous PDP, the plots were left open rifimitpri nlotq by the County QUOrAMeAt WU lAtill IQ2VQ thO plots as per the last PDP put you can follow up with the county government for more information. Why churches is not included In the plan, in- The contracted boundary had place spite of the earlier agreement on the same Maranatha church outside our scope. But due to public concerns, we had done a formal request to both County and KISIP to reconsider Inclusion of the church In the _Lcurrent process. Local Physical Development Plan-Swahili Village 142 125 Proceedings of Pubic Barazafor Survey in Swahili Village Closing remarks: The closing remarks were given by Ms. Inzaini. The meeting ended at 4.30Pm. Way Forward: 1. The survey on ground will start from 30 November 2016. 2. The SEC will provide one SEC member at the time to help the consultants' surveyors on ground Closure: The meeting ended at 4.30 pm with a vote of thanks from Ms. inziani and a word of prayer by a participant. Public Baraza in progress -4,- Signatories 1. Komell Ndegwa. . ................ ............... (Chairperson. SE]wa I Vllage) 2. Lawrence Airo... ............................... (Engineer, KISIP Coordinator, Kericho County) 3. Comel R. Akach............................................ (UllJan Planner, KIblP, .o^ 4. Joseph Aganyo .. ... ...... ....... (Land Surveyor. Consultants) 5. Deepa Tripathi.... .............. (Team Leader, Consultants) Local Physical Development Plan-Swahili Village 143 126 l г r_ � �� __ Аппехиге 1: Аttвпдапсз list of woгkвhop � л�ьпдаи 11урм � �С Vaia S,a1. MrLe P.If .S'�G Н в�гвммг.r..� И�"'cMv�' 1•vR � о�#ц 1�г4 eF Serв� wa L�fi/Zavб г.м:,�'�аТ.е, � , j ur.G �l1а. к.м гмгsrrдл.�г пsпw nоrмммд.г а,.н яо+о.+ �_ 1 1..А10'ц�к.е �. � � 1С � z •• v� с t о 6 м ив ', и+. _ �"� I_. ии1.� ruio� 1 V�+'� 077J3i$7G1 "�.Оми�lдlг ! ? � � V+^+elY (�Т1гпАиа�1U ив�iи., Р1иь�ь e93чoqqtчa °.�,"l ._ ,__ 1 ►..,.,, Rt:,ь *а- O1 itдC't1�lJ � в""�1*gs I �� ltsi. Иим K,sir _,.чг (с✓ ьц�иг о7�гиs3qи-s. s�Кц.-с,Т+.... 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M1841 i W LUA Y~ ~ Rftmel ý53W Ab Rob ~ 11222195 072157&M Do. 631#843 70 LOA Mam K~ -3~ T"~ -ww Nya~ H~n 2=1437 071137=7 DOM I j13 71 LUA- 7~ ~ H~ 0=47 07I61536W DO. MM5 Iz 631/M 73 LM» Le~ O N01 0^ H8SMI18 M24022 0~ 0545 0~ Gm047 (4 LOA 6311m5 75 Lý wm- 1849 76 A =475 0710479W C6M smffiw 77 LAO ~wo m~ m~ DN. 0=931RI Dom At 91m1~ 0,21520W D~ Local Physical Developinertt Plan-Sivahili Village 148 131 APPENDIX 4. CENSUS CHECKLIST Owner details Property details Verification Make (mud Measurem wall, stone Claimant (If ents Interest (structure - main wal, iron differentfrom (square SEC SN Plot No Owner lb Cord No PhoneNo. house. well, toilet. ere.) sheets. etc.) owner) meters) Signore Chairperson 132 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 ----------------------------------------- L 133 APPENDIX 6: GRIEVANCE ACKNOWLEDGEMENT FORM Date Received:--------------------------------------------------------------------- Grievance No:------------------------------------------------------------------ 1. Complainant's details. ID No: -------------------------------------------------------------------------------------- Address: Mobile: ----------------------------------------------------------------------------------- Email: ------------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 2. Complaint Raised 3. Presented To Name: --------------------------------------------------------------------------------------------------------- Designation:------------------------------------------------------------------------------------------ Address:---------------------------------------------------------------------------------------------- Mobile:----------------------------------------------------------------------------------------------- Email: ------------------------------------------------------------------------------------------------ Expected date of Grievance resolution: ----------------------------------------------------------- Signature and Stamp: --------------------------------------------------------------------------------- 134 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 - hry c fm t ti---------------------------------------------------------------------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 ID No: -------------------------------------------------------------------------------------- Date: ----------------------------------------------------------------------------------- Signature:------------------------------------------------------------------------------------- 135 APPENDIX 8: SOCIO-ECONOMIC SURVEY QUESTIONNAIRE Ministry of a *,us_*n_g: Urban Development T KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT (KISIP) This questionnaire is basically designed for purposes of collecting Socio-Economic Among the Project Affected Personse Kenya Informal Settlement Improvement Project. FOMU YA KUHESABU WAKAAZI WA VIBANDA INFORMAL SETTLEMENT ENUMERATION FORM Name oi Enumerator Date: Name of ward Name o Location Enu. No: County: Kcisumu-KSM Settlement: Nubian - KSM/KLN ZonelD KSMIKLN/Z Block ID KSMIKLN/Z/BL StructurelD KSM/KLN/Z_ /BL_/ _/ w SMIKLN/Z /BL /PL ST RM SECTION 1: HOUSEHOLD DETAILS A EFNTIMRATTON DETATT,S:MWE KTT. RF'?PON7DFNT)* 1 Jna la kwanza (First Name): 2AJna la kati (Middle Name): 3 Jina la mwisho (Last Name): 4 Nambari ya kitamnbulisho (2D card No/ Pin 5 Hal ya Ukaaji (Residents' Umiliki wa 1..............................................Mwenye ploti (Plo, Status) ploti/nyumba Owner) 136 j0 2. Mwenye Nyumba(Structureowner) 0 3. Mpangaji (Tenant/ Occupier) O 4.Mwingine (Other) ESPONDENT'S (PARCEL OWNER'SI OWNER OCCUPIER'SI TENANT'S) GENERAL DE1 4insia Mume (Male) (Gender): . Mke (Female) a kuzaliwa (Kusajiliwa): 'Year ofbirth 1. Raia wa Kenya(Kenyan Citizen) . Raia wa nchi nyingine (Other Nationa 0 Ikiwa 2. (Raia wa nchi nyingine), to .eleze (If 2 please specify) ali ya ndoa MXfarital status 1. Hajaoa/Hajaolewa(Single) 2. Ameolewa (Married) 3. Wameachana (Separated) 4. Mjane (Widowed) 5_ wango cha elimu Level of education 1. Chuo/Chuo Kikuu(College/Universit- 2. Shule ya upili (Secondary) . Snule ya msilgl (Priiiry) 4. Shule ya gumbaru (Adult Education) . Asiye na elimu (None) 6.. Elimu nyingine (Other) please speciff C. EMPLOYMENT AND PLACE OF WORK Kazi (Occupation) 1. Mwajiriwa wa Serikali (Civil Servant) . Mwajiriwa wa kampuni ya kibinafsi (Ei n private sector) 3. Kibarua (Casual Labourer) . Mwajiriwa wa kibinafsi (Self-employed) 15. Asiyeajiriwa (Unemployed) 16. Mwanafunzi (Student) 7. Kazi nyingine(Others, specify) llMapato ya kila _Iwezi 3 ahali pa kazi Place of work) 1. Katika Mtaa huu(Within this settlement) 2. Nje ya Mtaa. huu(Outside this settlement) f2, specify D. TRANSPORT AND COMMUNICATION 11. Gari la kibinafsi (Private car) 1.natumia namna ipi ya usafiri(Mode of transporri napoenda kazini? used to work) 2. Gari la moshi (Train) 3. Matatu/ Basi (Bus/ Matatu) 4. Pikipiki (Motor cycle) 5. Baiskeli (Bicycle) 137 1L6. Kwa miguui (Walking) 7.Usafiri.Mwingine (Other mode of transport 1kiwa 8. (Usafiri mwingine), tafadhali ele, please explain) 2S e ttle m e n t R o a d s s th e r o a d le a d in g to 1 ................. T h e your house paved? tarmked (Imewekwa lami) 2. ............................................. T he ro, paved (Haijakarabatiwa) 3. ............................................. T he I graveled (Imekarabatiwa) 4. ............................................ O thers Specify Nyingineo - eleza) 3. Ni lini hii barabara ilitengenezwa 1. ..........................-.M.-....a.-.-.- Mwaka nara ya mwisho? (When was the uliopita (one year ago) oad last m aintained?) 2 .Miaka . . . . . . . . . . M iliyo pita (two years ago) 3 . ............................................. M iaka iliopita (three years ago) E. HEALTH: SICKNESS AND MEDICAL ATTENTION Unapokuwa mgonjwa unapokea(Where do you seekE 1. Hospitali ya raia (Public hospital) hpi? medical treatmen 2. Hospitali ya kibinafsi (Private hospital) when sick?) O_ 3. Hospitali ya kidini (Mission / NGO hospital) 4 ... ............................. M gangawa mitishamba (Traditional Healer) . Duka la Dawa(Chemist) I0 6. Duka la Kawaida (Shop) 1O 7. Kuombewa / (Spiritual Healer) 2. tuo hiki cha matibabu kiko(Where is this medical 1. Katika Mtaa huu (within this settlement) api? facility located?) 0 Nje ya Mtaa huu (Outside this settlement) f 2, specify 3. [What is the approximate distance t kms 'to the health facility? 4. agonjwa ambayo umeugua ( Diseases suffered in the last 4 Months) Iliezi 4 iliyopita 5 1. Malaria 5. Cholera - Kipindupindu 2.TB - Kifua kikuu :6. Respiratory fever - Matatizo ya kupumua 3. Diarrhoea Kuhara . Pneumonia ---Homa ya mapafu 7. Magonjwa mengine (Other ailments) HOUSEHOLD DETAILS 1. Idadi ya watu wanaoishi kwenyeNumber of family ales (Wanaume) Females (Wanawake) hii nyumba (persons) living in: this household unit Age Structure of the people Males (Wanaume) Females (Wanawake) (Miaka ya watu) 10 years Number of Sersons __________ 11-20 years----- Number of persons 138 138 12-30years---- Number of persons -________ 314 yearson --- Number of 41- 50 years ---- Number of D erSons _________ 51-60 years Number of persons Over'60 years of age 3 Kuna watu walemavu wowote -Ndio (Yes) La (No) (Are there persons with Iidwa ndio eleza (If yes please explain) 1isability?) ATER, TOILETS AND SANITATION (MAJI, CHOO NA MAJI TAKA) 1. napata maji ya matumizi(What is the main 1.............................................. Piped wate api? source of water?): within the house (Maji ya mfereji ndani ya ~wapi?chumba) 1..............................................Piped w ate outside the house (Maji ya mfereji nje ya chumba) 2............................................... W ater kiosk 5................ . ...... .. ............. H akuna m a (No water) 6 ............. ..... ........................M ate y a nf e j 6.Maji ya mfere S7............skic.......................... K is ak a ho kirefu (Shallow well) 8............ M .............................M ai ya mvua (Rain water) 9 .Mto...................... t (River/stream) 10.............................................Njia nyingine ya kupata maji (Other water source) If l0, Specify 3. [at is the amount paid for water(Malipo ya maji kwaK s ---- on a monthly basis? mwezi) WASTE WATER 1. Ni mbinu gani zinatumika kuondoa(What is the main I. ..............................................Kumwaga kwa aji taka? method of disposing' choo (Pour into toilet) waste water?) 2. ................................................Kuunganishwa kwa mrefeji wa taka (connection to the sewerage) 3. ................................................ Kum waga kwa barabara (Pour it into the road (Kumwaga kwa barabara) 4. ................................................Kum waga kwa mtaro wa taka (Pour it into drain 5. ................................................(N yinginezo ---- eleza) Others means - Specify 139 2 Do you have you own household [Yes No toilet I a. If yes, which type of toilet do you 1...............................................Choo cha maji have (WC/Sewer) 2............................................... Tenki ya kinyesi (Septic Tank) 3............................................... Choo cha shim o (Latrine) 4.............................................. Choo m alum u (VIP) 5 ............................................... Choo kingine (Others) Ikiwa 5 (Choo kingine), tafadhali ueleze (If 6. please 11explain) If No, how do you dispose of your 1...............................................Choo cha Jamii waste (Public toilet) 2............................................... Toilet shared by many households 3...............................................K ichaka (Bush) 4...............................................Kinvesi kw enye plastiki (Flying Toilet) 5...............................................Choo kingine (Others) Ikiwa 5 (Chuu kiigine), tafadhali aluze (If 6. plense Iexplain) 6. Methods of emptying (Mbinu za kupunguza'Which methods are used to empty the septic tank o kuyaa kwa choo) soak pit. (Mbinu gani zinatumika) 1...............................................L ocal county authority (Serikali ya kaunti) 2............................................... H ired private worker (mtu wa kuajiriwa) 3...............................................M anual m ethods (Kazi ya mikono) 4...............................................Tank distributes the waste into ground/earth Lori ya kutoa) 5 ...............................................It is never full (Haijajaa) 6 -ther- (Nyinginezo ---- eleza) SOLID WASTE 1 1 at type of waste do you 1...................................................Plastics ispose? 2........ ..........................................PlasticBags 3. .................................................. Paper 4 .................................................. M etals 5 .................................................. K itchen W aste 6 ................................................... W ood 2 How regular is garbage collected? (Mpangilio wa 1. ................................................ Weely (Kila kukusanya taka) wiki) 2........ E very other 2 weeks (Baada ya kila wiki mbili) 3. ... ..... .... . ...... .... .. ....... .O c a m o t 3... (Mara moja kwa mwezi)..One a mont 140 4. ................................................ N o regula collections (Hakuna mpangilio wakila wakati) 5. ................................................others arrangements (Mpangineo mwingine eleza) If 5, specify....... 5 Jnatupa taka wapi? (How do you dispose 1 ...................................................iachukuliwa n your solid waste serikali ya kaunti (collected by the count authorities) 2 . .... ....... ...... ............ the compound (Kuzika kwa shamba) 3...................................................O rganized private collection system (Kuchukuliwa na wat binafsi) 4 ................................................... Burning in the compound (Kuchoma kwa shamba) 5...................................................D um ping into the compound (Kumwaga kwa shamba) 6...................................................C ollcted b system run by a CBO (Kuchukuliwa na chama chajamii) 7. ................................................... A y other method f 7, Specify ow regular is garbage collected? . ................................................ Weekly (&ila wiki) 2. ................................................Every other 2 weeks (Baada ya kila wiki mbili) 3. ................................................O nce a m ont (Mara moja kwa mwezi) 4. ................................................H akuna mpangilio wakila wakati (No regular collections) 5. ................................................M pangineo mwingine eleza (others arrangements) If 5, Specify HOUSEHOLD INCOMES AND EXPENDITURE (MAPATO NA MATUMIZI YA NYUMBA) ia ipi ile inakupatia mapato(What is the main source o 1...................................................Permanent .a nyumba nef;~ o r the hous W)ld Empleymnent 2...................................................B usiness 3. .................................................. Crop Fanning 4...................................................Livestock Keeping 5 . .................................................. Casual Labour 6...................................................O ther ___ M__6, Speciy (Mapato ya familia kwa!(What is the monthlyl pwezi ni shilingi ngapi?) lincome for the household?) IKshs 3. Matumizi ya familia kwa What is your monthlyItem Amount wezi moja ni kiasi gani? ousehold expenditure on: 1. ...Fo.F.Ko.s.............................Food ~nwei ~ouseold(Chakula)Kshs 2 . ........R..........................................Rent (Kodi ya numba)Kshs 13. .................................... . .U safiri (Transport)Kshs 1 . ................................... . 141 (Clothing)Kshs 5................................................... O h r E p n e .Other Expenses (Matumizi mengine) ................................................ Kshs b .............. . .. . .......... ............. Kshs c . ............................................... Kshs d ................................................ Kshs STRUCTURE OWNERSHIP SECTION 2: BUSINESS DETAILS usiness details 1. Jina la Biashara Name of the business Una Leseni yaDo you ha L..............................................Ndio (Yes) Biashara Business licence? 2 . ...........................(No) a ya biashara 3 Business Activity/Business Type 11........ ......................................Supaaketi (Aina ya Biashara) (Supermarket) 2..... .............................................D uka la jum l (Wolesale shop) 13.....................................................D uka la rejarej (Retail shop) .k Duka la vifa (Hardware) 5 ..................................................M itum ba (Secondhand clothes) 6....(.. D.. . . .................................. Duka la nyam S(B utchery) S.....................................................K banda cha vyakula I(Food kiosk) 8.....................................................D uka la m bog (Green grocer) 9.....................................................M w uzaji m aka (Charcoal dealer) 10.................................... Fundi wa viatu (Shoe . cobbler) 11................................................... Ushonaji (Tailorig 12...................................................Kinyozi/M ahali pa kutengeneza nywele (Hair salon) 13...................................................Ukb m bi w a filamu/Maktaba ya video (Video show/Video library) 14 ...................................................B aa (Bar) (Secondhand goods) 16 ................ .................................Batte charging) 17 .................................................. Telephone bureau) ................................................... Biashara nyinginc 142 (Other commercial) Ikiwa 18 eleza (If 18 please speci) Signature of the Enumerator: ID No.: Phone: Name of Field Supervisor: Signature of the Field Supervisor: 143 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 conomic Issues What are the main sources of household incomes in the 1. settlement? , 2. 3.5. 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) .People living with disability Are there persons in the settlement with disability? 1. Yes 2. No Meehrcar, b-mv Mid who -------hem What facilities do these people have in the settlement? I. K 144