REPUBLIC OF KENYA MINISTRY OF WATER & SANITATION AND IRRIGATION Coastal Region Water Security and Climate Resilience Project (CRWSCRP) Credit No.: IDA 5543-KE Project No: P145559 RESETTLEMENT ACTION PLAN 3 (RAP 3) – FOR MWACHE DAM ROADS’ PROJECT FINAL REPORT JULY 2023 EXECUTIVE SUMMARY The Government of Kenya (GOK) has received credit financing from the World Bank in the form of International Development Association (IDA) loan to implement activities and projects under the Coastal Region Water Security and Climate Resilience Project (K2). One of the investments identified under K2 is the Mwache Multipurpose Dam Project, a Vision 2030 flagship project, which has been given high priority by the Ministry of Water & Sanitation and Irrigation (MoWSI), Kwale and Mombasa Counties. It will be implemented by the Ministry of Water & Sanitation and Irrigation (MoWSI), State Department of Water through the Coastal Region Water Security and Climate Resilience Project (K2). The Coastal Region Water Security and Climate Resilience Project (K2) was approved by the World Bank Board on December 16, 2014. The project development objective of the K2 is to improve water security and build climate resilience, sustainably increase bulk water supply and increase access to water and sanitation in the Coastal Region by: • Increasing the supply of bulk water to Kenya’s coastal region, including Mombasa; and • Developing an Irrigation Demonstration Scheme. The objectives of the Mwache Dam Project are to improve the living standards of Kwale County and Mombasa residents through poverty alleviation and sustainable development. A large-scale multi-purpose water reservoir will be created to cater for public and industrial water supply and irrigation in order to effectively contribute towards regional and national socio-economic development. Other specific objectives include ecosystem conservations, and irrigation. Overall objectives of the RAP 3 are: i. Avoid or minimize adverse resettlement impacts including physical and economic displacement. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. ii. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs in accordance with the principles outlined in OP4.12 iii. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. iv. Mitigate adverse social and economic impacts from land acquisition by: a. Providing compensation for loss of assets at full replacement cost; b. Ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation, and the informed participation of those affected; and c. Improve or at least restore the livelihoods and standards of living of affected people. v. Provide additional assistance and opportunities (e.g., credit facilities, training, or job opportunities) and improve or at least restore the income-earning capacity, production levels and standards of living of economically displaced persons whose livelihoods or income levels are adversely affected; vi. Provide transitional support to affected people, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living. ii The key principles of this RAP are based on the requirements of OP. 4.12 and constitute the following: - i. Compensation and resettlement of project-affected people will be carried out in compliance with Kenyan legislation and World Bank operational policy OP 4.12 ii. Where Kenyan legislation is less favourable to PAHs than the requirements of OP 4.12 the latter shall apply; iii. All physically and economically displaced people will be offered an option between either a full resettlement package, including the provision of replacement structures or cash compensation; iv. The Project will provide for measures to support sustainable use of cash compensation (money management training) and for mechanisms within the overall monitoring framework to follow up the use of cash compensation; v. The Project will assist PAHs in restoring their livelihoods to at least their previous levels through the development and implementation of tailored livelihoods restoration packages for each household vi. The Project aims to ensure PAHs are Project beneficiaries; targeted livelihood restoration programs will have this as a core strategy to achieve this goal. vii. The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process. viii. Key methods of consultations with the communities included Focus Group Discussion, Key informant interviews at venues identified and agreed upon via consensus. Mwache Dam Project Components and related RAPs RAP 1 RAP 1covers the following areas; 1. Main dam area comprising of the; • Reservoir area (quarries of high potential rock material have been identified in parts of the reservoir areas for supply of dam building materials prior to the impoundment of the reservoir), • Base camp area, • Dam operational areas (raw water treatment plant and transmission pipeline, police post, clinic/health facility 2. 2. Lower Check Dam including silt pile area 3. Access roads Access roads A, F, & H, C, G and J. RAP 1 is further divided into RAP 1a and RAP 1b; RAP 1a covers ALL of Priority 1(P1) works areas i.e. the lower check dam site and quarry site areas (part of which are in Mwavumbo Group Ranch) and main dam site and some operational areas, All of Priority 2 (P2) areas i.e. part of main dam operational and reservoir areas and PART of Priority 3 (P3) areas (part of main dam operational and impoundment areas and part of the lower check dam reservoir areas, silt pile) and Access roads C & H, A3 and J. RAP 2 covers all resettlement activities associated with the Upper Check Dam areas – and all the access roads in the upper check dam. RAP 3 covers Roads A, D and E. iii Status of ongoing RAP implementation In full compliance to the earlier prepared, approved and disclosed RAP, the MoWSI through the National Land Commission (NLC) has acquired 946Ha (2,335 Acres) from 710 Parcels in P1 & P2 Areas (RAP 1). In all the resettlement and related land acquisition processes, NLC has directly and severally been supported by staff from MoWSI/PMU, Frontman Ltd (RAP 1 Implementation Consultants), Geomatics Surveyors (Project Land Surveyors), Akide Advocates (Project Succession Lawyers, various MoLPP Departments and the County Government of Kwale. The activities and processes included RAP disclosure, formation and activation of the Grievance Redress Mechanisms, detailed land surveying, asset inspection, inquiry, awards and compensation to PAPs vacating the acquired land (to ensure its full availability after vesting it to MoWSI). With the full acquisition and handing over P1 & P2 land to the dam contractor, RAP Implementation activities have recently shifted to acquisition of P3 land and preparations for implementation of Livelihoods Restoration activities to support PAPs already displaced from P1 and P2 areas. 968 parcels of land in P3 areas are needed for the dam impoundment and silt depositional after dredging the Lower Check Dam. Mwache Dam Access Roads - Land Acquisition Plans Mwache Dam Road project involve 9 roads. The RAP 3 was based on the road designs that were provided by the client (MoWSI) through the Dam Engineer. The preparation of RAP 3 has referenced the RAP 1 and RAP 2 to avoid potential overlaps. Some of the roads are covered under RAP 1 and others were designed to be constructed on land already covered in the RAP 2 scope. However, RAP 3 has exclusively covered all the roads to be constructed or improved under the Mwache Dam project regardless of whether or not they were covered under the 2 previous RAP processes. Table A: Summary of the Roads under the project # Remarks Registration/ Width (metres) Length RAP in Adjudication (where (Km) which Land Road Existing/ section applicable) Acquisition New has/ will be done (where applicable) 1. A Existing (up- Mazeras The bulk of the 5.151 RAP I & to SGR Registration road will be RAP 3 Bridge) and Section improved using the other the existing/ section is current road within alignment and on already the land that is acquired RAP already acquired 1 areas under RAP 1; Priority 1 & 2. Additional 0.29Ha will be acquired from one (1) parcel of iv # Remarks Registration/ Width (metres) Length RAP in Adjudication (where (Km) which Land Road Existing/ section applicable) Acquisition New has/ will be done (where applicable) land under RAP 3. 2. B Existing Mnyenzeni The road will be 5.359 No Land Adjudication improved using Acquisition Section the existing/ will be current road needed under alignment. No any of the 3 land will be Mwache acquired under RAP RAP 3 for this Reports. road section. 3. C New but Mazeras 20m; The road 0.842 RAP I within Registration will be already Section constructed on acquired RAP the land already 1 areas acquired under RAP 1; Priority 1. No additional land will be acquired under RAP 3 for this road section 4. D New Mnyenzeni 20m; 1.31Ha will 1.120 RAP 3 Adjudication be acquired from Section five (5) parcels of land under RAP 3. 5. E Partly Mwavumbo 40-60m; 53Ha 15.556 RAP 3 existing and and Chigato will be acquired partly new Registration from 233 parcels Sections and of land under Mnyenzeni RAP 3. The land Adjudication will be used to Section expand existing sections of the road and to open up new greenfield areas for the road construction v # Remarks Registration/ Width (metres) Length RAP in Adjudication (where (Km) which Land Road Existing/ section applicable) Acquisition New has/ will be done (where applicable) 6. F Existing Chigato The road will be 3.945 No Land Registration improved using Acquisition Section the existing/ will be current road needed under alignment. No any of the 3 land will be Mwache acquired under RAP RAP 3 for this Reports. road section. 7. G New Mwavumbo 20m; The road 1.929 RAP 1 (Temporary and Chigato will be diversion) Registration constructed on Sections the land already within acquired under already RAP 1; Priority 1 acquired RAP and 2. No 1 areas additional land will be acquired under RAP 3 for this road section 8. H New but Mazeras 20m; The road 0.745 RAP 1 within Registration will be already Section constructed on acquired RAP the land already 1 areas acquired under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section 9a. UCD1- New but Bofu 20m; The road 0.7 RAP 2 Village within land Adjudication will be Access scheduled for Section constructed on Road acquisition the land under RAP 2 scheduled for areas. acquisition under RAP 2. No additional land vi # Remarks Registration/ Width (metres) Length RAP in Adjudication (where (Km) which Land Road Existing/ section applicable) Acquisition New has/ will be done (where applicable) will be acquired under RAP 3 for this road section 9b. UCD2- New but Bofu 20m; The road 1.2 RAP 2 Right Bank within land Adjudication will be Access scheduled for Section constructed on Road acquisition the land under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section 9c. UCD3- New but Bofu 20m; The road 1.6 RAP 2 Sediment within land Adjudication will be Deposit scheduled for Section constructed on Connectio acquisition the land n Road under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section 9d. UCD4- New but Bofu 20m; The road 1.0 RAP 2 Dam within land Adjudication will be Access scheduled for Section constructed on Road acquisition the land under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section 9e. UCD5- New but Bofu 20m; The road 0.2 RAP 2 Crest within land Adjudication will be scheduled for Section constructed on vii # Remarks Registration/ Width (metres) Length RAP in Adjudication (where (Km) which Land Road Existing/ section applicable) Acquisition New has/ will be done (where applicable) Access acquisition the land Road under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section 9f. UCD6- New but Bofu 20m; The road 0.3 RAP 2 Downstrea within land Adjudication will be m scheduled for Section constructed on Connectio acquisition the land n Road under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section 9g. UCD7- New but Bofu 20m; The road 0.2 RAP 2 Valve within land Adjudication will be Chamber scheduled for Section constructed on Access acquisition the land Road under RAP 2 scheduled for areas acquisition under RAP 2. No additional land will be acquired under RAP 3 for this road section (i)Road A (Dam Access Road) The road exists from Mombasa Road, through Mazeras Mission upto SGR Bridge next to the dam operational area while the other section of the road after the SGR Bridge is within already acquired RAP 1 areas. This road has a total length of about 5.2 km. It runs from Mazeras Town (in Mombasa Road) up to the Dam Operational Area. The bulk of the road will be improved using the existing/ current road alignment and on the land that is already acquired under RAP 1; Priority 1 & 2 but an additional 0.29Ha will be acquired from one (1) parcel of land under RAP 3. viii Section 1 (A1): Mazeras Town up to Mazeras High School • The road section is about 1.7 km • The road will be graveled as it is and no land acquisition is intended; • Only the structures /businesses along the road have been inventoried for compensation purposes Section 2 (A2) Mazeras High School to the SGR Bridge • The road section is about 1.4 km long • It will be tarmacked and land acquisition is intended Section 3 (A3) SGR Bridge to the Dam Operational Area • This section is about 2 .1 Km and is mainly for the damn operations • The land has already been acquired and vacated (ii)Road B (Access Road on Right Side of the Dam) • The road exists and will be improved using the existing/ current road alignment. No land will be acquired under RAP 3 for this road section. • This road it has a total length of about 5.4 km. The road diverts from the Mazeras – Kinango Road (D560) and forms a loop around Miyani Primary School and then back to the Mazeras – Kingango Road. • The road is mainly in Mnyenzeni Land Adjudication Section. (iii)Road C (Access Road to pumping Station) • This is an access road to the pumping station. • It is about 0.9Km long within the Dam operations area. It is will be graveled • The road will be constructed on the land already acquired under RAP 1; Priority 1. No additional land will be acquired under RAP 3 for this road section (iv)Road D (Access Road to Dam Crest along Kinango Road) • The road does not exist - it is mainly a green field Land had partially been acquired; The road connects Road B and the Dam • It is about 1.1 Km long with corridor of 20m and it will be tarmacked; • 1.31Ha will be acquired from five (5) parcels of land under RAP 3. (v)Road E (Realignment of Road D560) • This will be the main road that will connect Mazeras to Kinango. The road about 15.4Km long will mainly be a re-alignment of the existing road D560. • The road nominal width is 40m – except at some bridge sections being with a width of 60m. • The road traverses mainly four land registration sections namely: Mazeras (1.5Km), Mwavumbo Ranch (8.0Km), Chigato Registration Section (4.0Km) and Mnyenzeni Adjudication Section (2.0Km). Whereas the land parcels in Chigato have been registered, those in a Mnyenzeni are currently under adjudication process, and therefore interim land parcel numbers of the affected land parcels were provided. In Mwavumbo Ranch, which is undergoing subdivision, temporary land parcel numbers of the affected land parcels were provided • The road will be tarmacked and currently part of the road is a greenfield (in Mwavumbo Ranch) ix • The road corridor will require land acquisition. The land will be used to expand existing sections of the road and to open up new greenfield areas for the road construction. 53Ha will be acquired from 233 parcels of land under RAP 3. (vi)Road F (Chigato Village Access Road) • The road exists and is mainly in Chigato land registration section. • The road will be improved using the existing/ current road alignment. No land will be acquired under RAP 3 for this road section. • This road is 4Km long • The purpose of the road is to provide access to the Lower Check Dam from the Quarry & Chigato village access (vii)Road G (Temporary Diversion of Road D560) • This is a temporary Diversion of Road D560 for use during dam construction in Mwavumbo and Chigato Registration sections near the current Mwache bridge. • The road is 3Km long and only a small portion is to be graveled at either ends of the road; • The road will be constructed on already acquired land under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section. (viii)Road H (Base Camp Access Road) • The road is 0.5Km long and 20m wide will connects the Base camp and Road A. • The road will be constructed on the land already acquired under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section (ix)Upper Check Dam Roads There are four roads in the upper check dam. The roads are planned to be 20m wide and total length of 4.5Km. Scope of RAP 3 Mwache RAP 3 covers resettlement impacts resulting from acquisition of 54.61Ha of land for the purpose of construction and expansion of Roads A, D and E. Other none land resettlement impacts covered in this RAP include loss of Structures, Trees, Graves and Business income on the land parcels that will be compulsorily acquired and those that on the road reserve of the road that will be improved using the current alignment. The roads designs were given and the existing alignments shown to the RAP Consultant in the field by MoWSI Dam Engineer. The RAP Consultant overlaid the designs over the registered maps obtained from the MoLPP and generated cadastral maps provided in Annex II which show the land which will be required for the construction of the new roads. Summary of Impacts and Risks in RAP 3 project areas The entire Mwache dam project area consists of a single ethnic group, the Duruma, which is part of the larger Mijikenda community. The Duruma are categorized as marginalized and vulnerable as a result of screening that was conducted in accordance with OP. 4.10. The Constitution of Kenya (CoK) 2010, has also categorized Kwale County as a vulnerable and marginalized County. x The RAP 3 process has enumerated and documented that Mwache Roads project will physically and economically affect 267 households and 1,020 PAPs who are found on both the greenfield road areas and on existing road reserve areas. 19 households will be fully displaced as a result of losing their land, residential and business structures. The 267 households are all categorized as vulnerable and marginalized due to the fact that they meet the criteria of World Bank’s Indigenous Peoples Policy (OP4.10). Table B: Distribution of PAPs and PAHs by roads # Road PAHs PAPs No of parcels 1. A 4 20 1 2. D 5 30 5 3. E 258 970 233 Total 267 1,020 239 Table C: Summary of Impacts Profile # Type of loss No. of PAPs 1. Households losing more than 20% of Land 45 2. Household losing less than 20% of their land 155 3. Households losing trees 74 4. Households losing crops only 0 5. Households losing business and residential structures 19 6. Households with affected gravesites 3 Land Acquisition Impacts A total of 239 households will lose land totaling to 54.61Ha. All the land parcels affected by the project are freehold. Table D: Summary of Land Acquisition Impacts # Access Number of Parcels Area of land Length Width (M) roads to be acquired (Ha) (Km) (Total wayleave) 1. Road A 1 0.29 5.15 20 2. Road D 5 1.31 1.12 20 3. Road E 233 53.01 15.55 40-60 Total 239 54.61 23.19 xi Non-land impacts The economic and physical displacement as a result of land acquisition for the construction of the access roads will lead to loss of the following assets and incomes: • Structures • Trees • Graves • Business income Table E: None-Land Impacts # Road Number of Number of PAPs Number of Number Number Number business and losing business PAPs losing of graves of trees of PAPs residential and residential graves losing Structures structures trees 1. A 1 1 0 0 10 2 2. D 1 0 1 1 10 3 3. E 25 18 2 5 2843 75 27 19 3 6 2,863 80 Table F: Vulnerable PAPs Categories # Vulnerable PAPs Categories No. PAPs 1. Physically Challenged Persons 1 2. Elderly / aged 5 3. Chronically ill 6 4. Orphans 4 5. Widows 2 Total 18 The overall approach to resettlement in RAP 3 All the PAPs belong to the Duruma community and qualify for special consideration under the World Bank policy OP4.10 on indigenous peoples. A Vulnerable and Marginalized Groups Plan (VMGP) for Mwache Dam was prepared by KWSCRP, reviewed and approved by the World Bank and subsequently disclosed in 2014. As such, the preparation of this RAP has followed the principles outlined in OP4.10 and OP4.12. Specifically, OP.4.10 stipulates that Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. In the case of Mwache roads, the design has focused on upgrading existing roads and avoidance of densely populated areas while designing new roads. Though consultation with the community, measures were taken to minimize the impact on the community. xii OP. 4.10 further stipulates that, “in exceptional circumstances, when it is not feasible to avoid relocation, the borrower will not carry out such relocation without obtaining broad support for it from the affected Indigenous Peoples’ communities as part of the free, prior, and informed consultation process. In such cases, the borrower prepares a resettlement plan in accordance with the requirements of OP 4.12, Involuntary Resettlement that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. As part of the resettlement plan, the borrower documents the results of the consultation process. Where possible, the resettlement plan should allow the affected Indigenous Peoples to return to the lands and territories they traditionally owned, or customarily used or occupied, if the reasons for their relocation cease to exist.” As such, the RAP team undertook extensive consultations with the affected community in order to develop a resettlement strategy that is compatible with the cultural preferences of the affected Duruma community. The PAPs preferred cash compensation as opposed to land for land compensation. A livelihood restoration plan for the PAPs who will loss productive land and related business income that have significant impact on their livelihoods has been included in Chapter 8 of this RAP. The full list of affected parcels and PAPs details are provided in Annex I. PAPs and Stakeholder Consultations Effective resettlement action planning requires regular and thorough consultation with PAPs and a wide range of project stakeholders drawn from the affected area. This wide consultation is intended to include individuals and groups who will be affected by the project. The PAPs and stakeholders’ consultations are extremely important for successful preparation and implementation of the RAP. The stakeholder and PAPs consultations which included the disclosure of the roads’ designs and wayleave widths were conducted between the 9thJanuary and 26th February 2022. The consultations with PAPs were conducted in public barazas while consultation with other key stakeholders were conducted in their offices through Key Informant Interviews. The attendance register is provided in Annex V and Minutes provided in Annex IV. Table G: Consultation meetings in the project area # Date Venue Female Male Total 1. 15/2/2022 Vikinduni Chief’s office 44 52 96 2. 16/2/2022 Mnyezeni Chief’s office 38 62 100 3. 18/2/2022 Miyani Chief’s office 24 36 60 4. 23/2/2022 Chigato Chief’s office 34 55 89 5. 23/2/2022 Makutano Chief’s office 19 29 48 6. 23/2/2022 Mwashanga Chief’s office 16 3 19 7. 24/2/2022 Kasemeni Frontman office 89 233 322 compound 8. 25/2/2022 Pemba market center 28 46 74 Total 292 516 808 xiii Table H: Key Stakeholders Consultation meetings # Dates Name of Venue No. of stakeholders Participants 1. 09/1/2022 CDA CDA office boardroom 12 2. 10/1/2022 WRM WRM-Coast office boardroom 4 3. 10/1/2022 Frontman Frontman office boardroom 8 4. 15/2/2022 consulting MCA Ltd Frontman office Kasemeni, MCA 5 Hon. Anthony N. Yama 5. 24/2/2022 DCC DCC-Kinango sub-County office 4 6. 18/2/2022 Mwavumbo Makutano Center 5 7. 25/2/2022 Group Ranch ACC ACC-Kasemeni office 3 Committee Table I: Summary of Concerns raised by PAPs and Stakeholder during the various consultation meetings. # Issues Questions raised by the PAPs Response /Feedback 1. Absentee land What happens to National Land Commission (NLC) shall deposit owners PAPs who were not compensation funds for absentee landowners in available for RAP interest bearing escrow accounts. The RAP census and during implementation team and the local administration compensation through the office of the Chief shall embark on periods? tracing the absentee land owners during RAP implementation. Once traced the PAPs will be taken through all the requisite processes to ensure they receive their compensation. For those who will not be traced, their compensation money will stay in the escrow accounts. 2. Graves within the Shall there be any The Community’s Culture is highly respected by road corridor. compensation for the project. The graves and shrines affected by the graves and shrine Roads will be compensated. Upon compensation which would be the community members have the mandate to affected by the ensure the graves and shrines are relocated as per roads? their traditions and heritage. 3. Succession cases How would the The project will facilitate the process of majority of the succession. The project has a Succession lawyer PAPs who do not who has been handling all the project related have the titles for succession cases. The same lawyer will handle the the parcels which cases in this RAP and ensure the PAPs receive they inherited from grant and letters of administration that will enable their deceased them to receive payment from NLC for the parents be inherited parcels of Land. However, the PAPs were compensated yet the informed that such families will have to appoint an process of administrator who shall be paid land compensation succession on their behalf. xiv # Issues Questions raised by the PAPs Response /Feedback has not been The administrators are expected to share the concluded or compensation money with other members of the commenced? family based on the sharing of proceeds agreement that will be signed by the family members. 4. Compensation of How would crops, All lands, assets and trees affected by the Mwache assets, trees and trees and other road project would be compensated. The short- crops assets be term crops like maize, beans are not compensated compensated? for and the owners shall be given time to harvest their crops. Since the RAP process started and Cut- off dates established, Mwache PAPs have been continuously informed and reminded that they are allowed to continue planting and harvesting seasonal/ annual crops on land earmarked for acquisition but they are only allowed to freely continue harvesting and utilizing the produce from the existing perennial crops as they await to be compensated. They are also informed that any newly planted perennial crops would not be inventoried during inspection phase and compensated by NLC. This enables the PAPs to continue benefiting from continued cultivation and harvesting of crops on land earmarked for acquisition in case of delays in compensation and resettlement process while discouraging opportunistic encroachment on such land. When the land is compensated, the PAPs are not allowed to plant any other crop including the annual crops but instead, they are expected to vacate the compensated land and allowed/ given sufficient time to harvest any crops as they salvage any other valuable assets on the compensated land. 5. Trees of cultural Would such trees be The project will try in all ways possible to and medicinal spared since they minimize impact on sacred trees and locations. importance play a vital role in However, in instances where this is not feasible i.e. the community? In cases where the trees cannot be avoided then They provide cultural appropriate compensation measures shall medicine and are be considered during RAP implementation. The used for sacred roads design will be disclosed to the community. If functions? there will be sacred indigenous trees and medicinal trees that will be affected discussions between the project and the community will take place on how to best proceed so that both the interest of the project and the community are protected. xv # Issues Questions raised by the PAPs Response /Feedback 6. Parcels affected by Would there be a All parcels of lands which were affected by the the dam and the second payment for Mwache dam will be compensated, if not already road parcels affected by compensated. For those parcels not compensated both roads and the i.e due to grievances and disputes, the money has dam? been put in escrow and the parcels will be compensated once the grievances have been resolved. Once compensated, the PAPs relocate and having been served with a notice of taking possession the land is vested to the government and now belongs to the government of Kenya. PAPs will not be compensated on land already compensated. The parcels of land affected by the Roads and not on the existing road reserve will be compensated. There would no double compensation. 7. Compensation for Can the project The area chief responded and informed the projects previously compensate the community that the said projects were done by undertaken by PAPs for their land County government of Kwale. These past projects other government which was taken were meant to open access roads in the community agencies within the during the and the plans had been done a long time ago. The project area construction of old parcels where the access roads were to be had been roads and they were grabbed by the community as these were never government lands. The community therefore will compensated? not be compensated by NLC under Mwache roads project for such parcels. However, he informed the community that the Mwache dam access roads project is different from the County Government Road project and incase anyone’s land, trees, structures and crops to be affected by the Mwache access roads, they will be compensated. 8. Compensation of Shall the unfinished All houses which would be affected by the unfinished houses houses be Mwache dam access roads must be compensated compensated for in for. Each house would have its own value so even case they would be the unfinished houses would be compensated with affected by the its own value depending on the completion stage it road? will be at when NLC carries out actual asset inspection for the purposes of compensation. 9. Pending Some community All lands affected by the Mwache dam and compensation for members have not Mwache dam access roads will be compensated. the dam area been compensated Currently the compensation process for the priority for their land within dam areas is ongoing and all the affected persons Mwache dam area. xvi # Issues Questions raised by the PAPs Response /Feedback Now at the new will be compensated. The government is currently relocation area it compensating for Priority 1 and 2 parcels. seems their land too Those who have not been compensated in all the would be affected dam priority areas and dam access roads are by the Mwache scheduled to be compensated fully. In case the access roads. PAPs affected by the Main Dam activities still have Would the compensation grievances, they were advised to community visit the Front man and government offices for members be more information. compensated both of dam area and roads? 10. Compensation for How will disputed For all parcels, assets, graves with disputes, the Assets with dispute assets including disputes must be resolved for compensation to be graves be made. National Land Commission (NLC) shall compensated? deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. The RAP implementation team and the local administration through the office of the Chief shall work towards settling disputes during RAP implementation. The PAPs are advised to strive to resolve land disputes using local/ existing dispute resolution mechanism before the census and asset inventory exercise. Further, the RAP has provisions for dispute resolution through the Grievance Redress and Resettlement Committee (GRRC) to resolve grievances. 11. Rate of The current amount The Ksh 50,000 compensation per grave is a Compensation for for graves and standard rate set and used by NLC and its only graves and Shrines shrines is set at 50k, them who have the mandate to change this figure. could this amount As for the shrines, different amounts are paid to be increased to individual shrine owners or those owned by the 150k? community, subject to justification of the claims made by the shrine owners and confirmation by the project. xvii # Issues Questions raised by the PAPs Response /Feedback 12. Impacts of dusts on Would the There is no compensation due to dust during houses bordering community construction period but mitigation measures would the road but not on members be be put in place to ensure the impacts are mitigated the Right of Way compensated for the like sprinkling water on the dusty roads. An ESIA ROW impacts of dust? has also been done alongside the RAP and will be disclosed once approved. The ESIA provides the detailed mitigation measures against dust and other environmental impacts that occure during construction phase. 13. Compensation for If one had leased In such case, the owner of the land would be developments on land and planted compensated for the land and the one who leased leased land trees would he/she and planted trees would be compensated for trees be compensated? in that land. So, they will be two separate compensation packages; for the land and trees in that land. 14. Requirements for What are the NLC will require the following documents from a compensation conditions to be met PAP in order to effect payments: before Copy of ID compensation is paid by NLC? Copy of bank account details Copy of title deed/ Search Letter of administration Copy of KRA pin The project will assist the PAPs in compiling these documents. Some PAPs have lost their IDs and they were informed to get a replacement before the compensation process begins. 15. The design of the Will Mwache dam The Road design will be disclosed to the PAPs roads access roads follow before the RAP census begins. The current design the county of Kwale consists of existing roads that will be upgraded and roads or new roads new roads that will be made. In case there will be a will be established? change in design, the community will be informed and sensitized on the same. xviii # Issues Questions raised by the PAPs Response /Feedback 16. Compensation for Would PAPs The Ministry of Water through the Ministry of PAPs without title without title deeds Land will ensure that the affected PAPs have the deeds be compensated? required land documents for them to be compensated by NLC. For those who don’t have titles, because the areas are still adjudication sections, the project will get the adjudication documents from County Lands Office, and facilitate payment of the PAPs with the documents. For those who have misplaced their title deeds, the project will facilitate processing of green cards and searches to facilitate payments by NLC. 17. Compensation for Will beneficiary During the assets inventory process, those who beneficiary PAPs PAPs be have developments on the affected land would be on land belonging compensated for recorded separately as claimants having interests to their parents developments on on land belonging to their parents. The law land belonging to provided for separate compensation for owners of their parents? developments on other persons land as they have rightful claim to developments such affected land parcels. 18. Loss of income Would the youths Loss of income due to the actual dam construction from mining involved in activities have been/are being addressed. Upon sites(quarries/sand) quarrying on the confirmation and verification of the livelihood once the dam is river bed for activities by NLC the PAPs affected will be impounded. building stone compensated. All businesses and livelihood blocks and sand activities affected by the project will be recorded, harvesting be verified and confirmed by NLC before compensated for compensation is done loss of livelihoods once the river is impounded. 19. Size of the Mwache What would be the The designs will be disclosed to the community. roads and expected size of the Mwache This information will entail, size of the road in start date of the dam access roads? terms of length and width and location of the road. project And when will the In regards to the timelines of the project, the project start and community was informed that conducting the RAP when will they was the 1st process in preparation of the receive their information that is needed to compensate them. compensation Once the RAP is approved, it will be disclosed and the NLC processes can officially begin to enable the PAPs get compensated. xix # Issues Questions raised by the PAPs Response /Feedback 20. Employment of the Would the local All the available Jobs would be advertised local youths during youth be employed publicly. As it is a Custom for most government construction of the during the projects preference would be given to the local roads construction of the people subject to the skill level requirement and Mwache dam availability of such skills in the project area. access roads? 21. Compensation for Would the project All lands, graves and social facilities which would cultural heritages compensate for the be affected by the Mwache dam access roads will expenses incurred be compensated. Currently the compensation in the relocation of money set for the graves and shrines relocation cultural sites and process include all expenses to relocate the graves social facilities that and shrines. would be affected by the Mwache dam road access project? 22. Benefit sharing How would the The Ministry of Water Sanitation and Irrigation, from the dam project empower through National Construction Authority the youth in the area organized training for the youth on a number of on how to benefit skills i.e masonry, electrical, plumbing etc. The from the intended main objective of these trainings was to empower benefits of the dam the youth with skill that might be required during once completed. the construction of the main dam. This will ensure that the youth are empowered and equipped with the necessary skills to assist the youth get jobs during construction of the Dam. The youth can also use the same skills to empower their lives and engage in income earning activities even after completion of the construction activities. The youth constitute the pool for construction labor force. During the construction, they would acquire skills that would help them to diversity their employment opportunities. Once the dam is operational, they would be able to engage in farming activities for high value crops. There would also be opportunities in the fishing activities and there would also be opportunities in recreation and tourism where the youth were best suited. xx # Issues Questions raised by the PAPs Response /Feedback 23. Gender based How would fairness The project has a mandate to ensure that the violence and will be ensured in families affected by the project are not left destitute vulnerable and the distribution of as a result of the project activities. As has been marginalized PAPs compensation for done in the P1 & P2 areas under RAP 1 where the women PAPs PAPs have already been compensated and whose spouses own resettled, the families were advised to open joint the land, and might accounts and the process of accessing and using the receive the compensation money (with the full & informed compensation and participation of all person of interest in the affected misuse the funds assets) was supervised and monitored closely by leaving the families the RAP Implementation Consultant. This ensured destitute? that the concern PAPs were all informed, advised and monitored in the diligent use of compensation money and this greatly minimized misuse of compensation money by any party. The same methodology will be used in the resettlement activities under the Mwache roads project. In addition to this the PAPs are equally required to develop Individual Livelihood restoration Plans before being compensated by NLC. These criteria have been also greatly minimized the risk of misuse of compensation funds. 24. Compensation for Would PAPs who Those who have rented shops and other business business owners have rented shops which would be affected by Mwache dam access operating in rented for business be roads will be compensated since their livelihoods premises compensated? must be restored. They will be paid compensation for loss of business income equivalent to three months of their current income. 25. Compensations for Who will be For the lands bought, the current title holder/owner PAPs who bought compensated in won’t be compensated but the buyers who are the land but have not cases where PAPs actual owners through exchange of consideration. transferred to their bought land but In case the owner has not given the buyer or names transfer process has transferred land to the buyer, then the owner will not started or is be required to sign an agreement that states that the incomplete? buyer of the land is to receive compensation for the land affected by the project. This agreement will be drafted by the projects lawyer and signed by the PAP and the owner of the land and submitted to NLC with all the other documents to facilitate payment to the buyer. However, if the owner of the land refuses to sign the land would be termed as disputed land and NLC have mechanism on how to handle such kind of lands before compensation. xxi # Issues Questions raised by the PAPs Response /Feedback The project GRM provided in Chapter 9 of this RAP will also be used and there must be proof of the purchase by the buyer/claimant during the GRM process. 26. Determination of How would the rate The project has employed valuation experts under Rate of of compensation be the RAP Consultant who are registered by the compensation determined? Valuation Board to undertake valuation of every affected asset including land, structures, trees and crops, cultural and communal/public assets for the purpose of the RAP. The initial valuation is for the purpose of budgeting for the RAP implementation. The computation of valuation amounts that will be used to pay actual compensation will be done by NLC as per the provisions of the Land Act. The unit prices for each category of affected assets will be determined by NLC during the actual valuation of affected assets for compensation purposes that will be carried out at the early stages of RAP implementation. The determination of the rates will be guided by prevailing market prices which will then be adjusted to include expected disturbance costs that would be met by the PAPs and is estimated at 15% and paid to the PAPs; up and above the market rate and is aimed at achieving full replacement cost. As outlined in the Entitlement Matrix, there are other transactional costs which are directly borne by the project such as the transport services for PAPs during relocation process and the cost of conveyancing of the acquire land which cumulatively help in eventual achievement of Full Replacement Cost. xxii Cut-off date The cut-off date for Mwache RAP 3 is 26 February, 2022. The cut-off date was publicly disclosed in the project areas and to all the PAHs. The disclosure was undertaken by the RAP Consultant teams and local administration officials from the Ministry of Interior and Co- ordination of citizens Affairs. The principle of the cut-off date was disclosed to the community prior to the detailed RAP field surveys. It was communicated to the affected communities during public meetings (barazas) and to individual PAHs during the fieldwork. They were clearly informed that persons moving to the project areas and those who do further developments on their affected land after the cut-off date will not be entitled for compensation and that persons settling in the project area after the cut-off date will be subject to removal. According to OP 4.12, Cut-off date is the date the RAP census begins. Cut-off date is important because it guards against influx of people to the project area. Influx can increase the cost of compensation and need to be avoided. Persons who encroach on the area after the cut-off date are not entitled to any resettlement package. Improvements made to homes or additional structures added by existing residents after the cut-off date are also not eligible for compensation. The cut-off date 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 to prevent further population influx and opportunistic investments/claims. Valuation and Compensation The assets affected by Mwache dam access roads have been categorized as: i. Land ii. Structures iii. Trees iv. Graves v. Business income All affected assets have been valued on the basis of full replacement cost for compensation planning purposes: Compensation Principles and Strategies The RAP aims to ensure that all affected people are compensated and assisted in restoring their livelihoods and standards of living to at least pre-project status or better. Eligibility for Compensation Eligibility is based on the nature and scope of losses. All affected persons are eligible for compensation and resettlement assistance under the OP 4.12 and Kenya’s laws. However, recognizing that there are PAHs that have no recognizable legal right or claim over the land they are occupying in the project area, compensation for this RAP will therefore be based on OP. 4.12 which applies beyond Kenyan laws as it relates to such claimants. In this project, displaced persons are classified in one of the following three groups: i. Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of Kenya) ii. Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the Kenyan laws or become recognized through a process identified in this RAP. xxiii iii. Illegal encroachers on road reserve areas who are carrying out businesses under temporary structures. Only 1 PAH (with 4 PAPs) was found to be illegal encroachers with no claim to any affected land and are found on the reserve areas of public Road A. The PAH is carrying out business under a temporary structure. Land Tenure System In the project area Land tenure system in the project area is freehold. All PAPs with claims to affected property shall be compensated. The registered land owners who in most cases are male heads of households are culturally obliged to share land compensation with the family members who lay claims to the portion affected by the road. The RAP implementation team will work closely with the family members and NLC to create an understanding on the sharing of land compensation amount between the fathers, spouses and their eligible children. In addition, the dependents would be compensated for their improvements on the affected land allocated to them by their parents. Such improvements include trees and structures. This RAP notes that this is complicated by the Lands Act which provides for land compensation to be paid to persons who produce title deeds in their names. This RAP requires that all PAHs including those who do not legally own land that they occupy be entitled to full compensation i.e., land, structures and trees. This is reflected in the compensation schedule. The approach to compensation (i) Land compensation Cash compensation shall be paid by NLC directly to registered land owners and the administrators appointed by the courts through the process of succession in cases where the registered land owners are deceased. The project will hire a conveyance lawyer to support the succession process including the appointment of administrators for private land parcels affected by the road project. (ii) Compensation for Structures, Crops, Trees and graves Compensation for structures, crops, trees and graves will be in cash at full replacement cost and payable to individual owners directly by NLC. (iii) Livelihood Restoration Program Different Livelihood Restoration Programmes (LRP) will be implemented by the MoWSI with the assistance of relevant government agencies and the local community leadership. LRP is aligned with existing resources, knowledge, skills and household experiences. The LRP measures to be undertaken for the RAP 3 PAPs are clearly linked to entitlements because the PAP’s livelihoods are largely land-based. They shall receive agricultural and business support. They will also receive basic financial training to enable them utilise and invest the compensation funds wisely. The LRP has three elements: (i) Agricultural capacity enhancement / Land based livelihood support; (ii) Financial management training; (iii)Business support xxiv Grievance Redress and Management Grievance redress mechanisms are necessary avenues for allowing project affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieve transparency in the land acquisition and resettlement processes. Arising from the above observations, all the grievances will be addressed before commencing construction and new grievances will be resolved as they arise. A well-defined Grievance Redress Mechanism that provides the PAPs with an avenue of lodging complaints and concerns and receiving quick/timely response is critical. Grievance mechanisms are important to the resettlement process as they allow for RAP implementers to identify disputes in good time and allow for them to be resolved in a transparent and accountable manner. Compensation based disputes are issues also likely to occur during and after the RAP implementation program, hence it is critical to establish this system prior to implementation of the resettlement program. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgements on both sides. A well established and validated grievance mechanism can also promote good relations between the project proponent and the affected community thus reducing the risk of hostilities and delays on the construction program, both before and after the contractor takes possession of the site. The Mwache dam project already has a robust and successful GRM which is currently being utilized to receive and handle grievances arising from the ongoing RAP 1a and RAP 1b implementation phase. The project level GRM was recently expanded to include grievances that have been arising from the dam construction works that started early this year and will also be expanded even further to include grievances expected to arise from the implementation of the RAP 2. Similarly, this RAP 3 will adopts the existing GRM for Mwache dam but the scope shall be expanded further to include representation for PAPs affected by Mwache dam access roads. Table J: Performance of Project GRM being utilized in on RAPs Implementation # Grievances Grievances Dispute Resolution Un resolved GRM Level Received Resolved Rate in % Grievances 1. Village 154 154 100% 0 2. Sub-location 17 17 100% 0 3. Sub-county 109 90 83% 19 Total 280 261 93% 19 This RAP 3 will adopt the existing GRM whose scope shall be expanded to include representation of PAPs affected by Mwache dam access roads. The objective of RAP Grievance Redress Management (GRM) is to provide a set of clear and traceable procedures by which any grievance arising from or in connection with this RAP can be reported by an affected person/household, and then heard and resolved. The dispute hearing and resolution will mainly be through the informal, alternate dispute resolution process that is consistent with best practice and the requirements of OP. 4.12 before pursuing the legal formal justice (judicial process). Judicial process still remains the right of every affected person/household in this RAP. The existing GRM for Mwache Dam project has five (5) levels of grievance management as provided below: xxv 1) Elders Land Disputes Resolution Committee 2) Sub-Location Resettlement and Grievance Redress Committee 3) Sub-County Resettlement and Grievance Redress Committee 4) County Arbitration Committee 5) Resort to Judicial recourse - Environment and Land Court. The Environment and Land Court established under the Environment and Land Act 2012 addresses land related matters and PAHs will be free to ignore the project’s GRM and use the formal legal system at any time or point. Livelihood Restoration Program Individual household livelihood restoration plans tailored to meet the restorative needs of each project affected household will be a requirement before disbursement of cash compensation to the PAPs from NLC for their affected land and developments. This is aimed at safeguarding the compensation money and hence address the high level of vulnerability of the affected community to the adverse impacts of displacement due to both poverty and the communities traditional land-based lifestyle. Prudent use of the compensation money received from NLC is considered the primary restorative initiative of the PAPs dismantled livelihoods and way of life. The Livelihood Restoration Program is aimed at the PAHs who will loss productive land and related business income that have significant impact on their livelihoods. This is in line with the RAP Entitlement Matrix that is also applied to similar RAP 1 and 2 impacts. Where impacts on businesses is only temporary or is not significant in terms of livelihood levels, compensation will be paid by NLC, but no further livelihood restoration activities funded. The RAP Implementation Team will spearhead the development of the household level livelihood restoration plans in consultation with each household separately. In addition, the RAP 3 PAPs will be incorporated and adopted in the identification, development and implementation process of the several community-level projects that will be planned and constructed in consultation with ALL the Mwache Dam PAPs and their host communities. The RAP 3 PAPs will also benefit from the training and capacity building activities and receive farm and business inputs/ start up packages and technical/ expert support services scheduled to be provided under the umbrella livelihoods component of Mwache Dam Project. Examples of possible livelihood activities and support services expected to be carried out, their objectives and the guiding principles are outlined in Chapter 8 of this RAP report. RAP Institutional Implementation Arrangements This RAP 3 shall be implemented within the existing institutional RAP implementation arrangement for Mwache dam project. A mix of institutions–government agencies at the County, Sub County and national levels, technical agencies, consulting firms and individual consultants recruited by KWSCRP will be involved in RAP implementation. The existing RAP implementation arrangement for Mwache dam project is provided below: a) National Government-Ministry of Water & Sanitation and Irrigation b) KWSCRP-National Project Management Unit and Coast Project Management Unit c) Safeguards Project Implementing Unit d) RAP Conveyance Consultant e) RAP Implementation Consultant f) Grievance Redress and Resettlement Committees g) RAP Implementation steering committee xxvi RAP Implementation Schedule The RAP implementation period and timelines will be approximately 24 months while some livelihood restoration programs and monitoring may last beyond the actual resettlement activities. Refer to Annex VI for the RAP 3 Implementation Schedule. Monitoring is a key component of this RAP. There will be monitoring in two forms internal and external. (i) Internal monitoring and reporting • Monitoring of Construction Activities • Monitoring of Resettlement Activities and Measures (ii) External Monitoring and Reporting • RAP Audit Consultant • Disclosure of Monitoring Reports • Independent Environmental and Social Panel of Expert RAP Disclosure The RAP will be disclosed in English while the executive summary (non-technical) will be translated into Kiswahili and Duruma languages. Disclosure of RAP 3 in Kiduruma and Kiswahili will be done in hard copy at the affected households’ level and its contents explained verbally to all PAP participants and stakeholders during RAP disclosure public meetings to be held at the inception phase of RAP 3 implementation. Disclosure of the RAP 3 in English will be in electronic form on the website of the following institutions namely: - a) KWSCRP b) Coast Development Authority c) Ministry of Water & Sanitation and Irrigation d) County Government of Kwale e) World Bank external affairs Hard copies will be made available in the same offices with additional copies availed at the following sites: a) KWSCRP Nairobi Office b) KWSCRP Coast Office c) CDA office d) Kwale County Headquarters e) Office of contractor f) Kwale Sub County Office g) All Locational offices affected by the project h) All Ward offices affected by the project RAP Budget The total budget for RAP 3 is Kshs. 219,885,365 including disturbance allowance and livelihood restoration, conveyancing and succession and grievance redress. In addition, administration cost of 15 per cent for the RAP implementation and monitoring and evaluation has been considered. All costs associated with this RAP as highlighted in Table J below will be met by KWSCRP-PMU. However, the total costs of the RAP are bound to change as the unit prices will further be reviewed by NLC at the early stage of implementation to reflect the market prices and/or value and hence full replacement cost at that time. xxvii Table K: Summary of Compensation Estimates due to be paid to PAPs under RAP 3 Value for Value of Value for Value of structures, Affected Trees & Affected Disturbance Estimated Value of fences Business Live hedges Assets Allowance @ Compensatio Road Land (Ksh) (Ksh) (Ksh) (Ksh) (KSh) 15% (KShs) n Cost (Ksh) A 233,027 20,000.00 20,000 13,000 286,027 42,904 328,931 D 1,295,943 70,000.00 0 0 1,365,943 204,891 1,570,835 E 91,453,742 14,401,200 180,000 6,404,100 112,439,042 16,865,856 129,304,898 TOTAL 92,982,713 14,491,200 200,000 6,417,100 17,113,652 131,204,665 Table L: Total RAP Budget # Description of RAP Cost Items Cost In KSh 1. Land 92,982,713 2. Structure 14,491,200 3. Loss of business income 200,000 4. Trees 6,417,100 5. Sub- Total 1 114,091,013 6. Disturbance allowance (15%) 17,113,652 7. Sub-Total 2 131,204,665 8. Livelihood restoration programme 15,000,000 9. Conveyance /succession lawyer 30,000,000 10. Independent completion audit 10,000,000 11. Facilitation for Grievance Redress committee 5,000,000 12. Sub-Total 3 60,000,000 13. Sub –Total 2 + Sub-Total 3 191,204,665 14. Contingency (15% of total RAP cost) 28,680,700 15. Grand Total/ RAP 3 Implementation Budget 219,885,365 Actions to be taken by the government i. Prompt payment of compensation: The Government has set aside the funds to compensate the PAPs within the scheduled timeframe. ii. Human resources: Successful implementation of this RAP requires adequate human resources and the MoWSI is making preparation to have a RAP 3 Implementation Consultant to begin implementing the RAP upon approval by WB. To this effect, the government has a Social Safeguards Specialist who will guide and supervise the implementation of this RAP. xxviii TABLE OF CONTENTS EXECUTIVE SUMMARY .....................................................................................................ii 1 INTRODUCTION......................................................................................................... 1 1.1 Project Background ......................................................................................................... 1 1.2 Overall objectives of the RAP 3 ..................................................................................... 1 1.3 Mwache Dam Project Components and related RAPs ................................................... 2 1.3.1 RAP 1 .............................................................................................................................. 2 1.3.2 RAP 2 .............................................................................................................................. 3 1.3.3 RAP 3 .............................................................................................................................. 3 2 DESCRIPTION OF THE MWACHE ROADS PROJECT ...................................... 4 2.1 Mwache Dam Access Roads - Land Acquisition Plans .................................................. 4 2.2 Description of Mwache Dam Roads ............................................................................... 9 2.2.1 Road A (Dam Access Road) ........................................................................................... 9 2.2.2 Road B (Access Road on Right Side of the Dam) ........................................................ 10 2.2.3 Road C (Access Road to pumping Station) .................................................................. 10 2.2.4 Road D (Access Road to Dam Crest along Kinango Road) ......................................... 11 2.2.5 Road E (Realignment of Road D560) ........................................................................... 11 2.2.6 Road F (Chigato Village Access Road) ........................................................................ 12 2.2.7 Road G (Temporary Diversion of Road D560) ............................................................ 12 2.2.8 Road H (Base Camp Access Road) .............................................................................. 13 2.2.9 Upper Check Dam Roads.............................................................................................. 13 3 RAP 3 METHODOLOGY ......................................................................................... 16 3.1 Stages of RAP Preparation............................................................................................ 16 3.1.1 Literature review ........................................................................................................... 17 3.1.2 Establishing land registration status.............................................................................. 18 3.1.3 Asset Inventory, Census, Socio-Economic Surveys ..................................................... 19 3.1.3.1 Asset Inventory ...................................................................................................... 19 3.1.3.2 Census and Socio-Economic Survey ..................................................................... 19 3.1.3.3 Training of enumerators ........................................................................................ 20 3.1.3.4 Identification of PAHs ........................................................................................... 20 3.1.3.5 Cadastral land survey............................................................................................. 20 3.1.3.6 Asset Valuation Surveys ........................................................................................ 20 3.1.4 Data Collection, Entry and Analysis and RAP report preparation ............................... 21 3.1.5 RAP Team ..................................................................................................................... 21 a 4 LEGAL AND POLICY FRAMEWORK.................................................................. 22 4.1 The Constitution of Kenya ............................................................................................ 22 4.2 The National Land Commission Act ............................................................................ 22 4.3 The Land Act (Revised Edition 2019 [2012]) .............................................................. 24 4.3.1 Relevant Sections .......................................................................................................... 24 4.3.2 Process of Compulsory Acquisition of Land ................................................................ 24 4.3.3 Criteria for assessing value for compulsorily acquired freehold land .......................... 26 4.3.4 Power of entry to inspect land ...................................................................................... 28 4.3.5 Payment for damage caused by entry for inspection .................................................... 28 4.3.6 Notice of acquisition and effect of acquisition on plant and machinery ....................... 28 4.3.7 Compensation to be paid ............................................................................................... 28 4.3.8 Inquiry as to compensation ........................................................................................... 29 4.3.9 Award of compensation ................................................................................................ 30 4.3.10 Notice of award ............................................................................................................. 30 4.3.11 Payment of compensation ............................................................................................. 30 4.3.12 Payment in error ............................................................................................................ 31 4.3.13 Payment of interest ....................................................................................................... 31 4.3.14 Final survey ................................................................................................................... 31 4.3.15 Condition for payment of compensation....................................................................... 31 4.3.16 Formal taking of possession.......................................................................................... 31 4.3.17 Surrender of documents of title..................................................................................... 32 4.3.18 Acquisition of other land on account of severance ....................................................... 32 4.3.19 Withdrawal of acquisition ............................................................................................. 33 4.3.20 Power to obtain temporary occupation of land ............................................................. 33 4.3.21 Payment of compensation ............................................................................................. 33 4.3.22 Compensation for damages ........................................................................................... 34 4.3.23 Reference of matters to the Court for determination by the Commission .................... 34 4.3.24 Reference to the Environment and Land Court ............................................................ 34 4.3.25 Right of entry ................................................................................................................ 34 4.3.26 Penalty for obstruction .................................................................................................. 34 4.3.27 Service of notices .......................................................................................................... 35 4.3.28 Exemption from stamp duty.......................................................................................... 35 4.4 The Community Land Act ............................................................................................ 35 4.4.1 Conversion of community land ..................................................................................... 36 b 4.4.2 Conversion of community land to public land .............................................................. 36 4.5 The Land Registration Act 2012 ................................................................................... 37 4.5.1 Sec 8; Community Land Register ................................................................................. 37 4.6 Dissolution of Mwavumbo Group Ranch & Registration of Land to Individual Members .................................................................................................................................. 38 4.7 The Kenya Roads Act, 2007 (Revised 2012)................................................................ 39 4.8 The Traffic Act, Cap 403 .............................................................................................. 40 4.8.1 Integrated National Transport Policy,2009, Sessional Paper 2012............................... 40 4.8.2 Kenya Roads Board ...................................................................................................... 40 4.8.3 Kenya National Highways Authority............................................................................ 40 4.9 Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities No. 56 of 2012 ................................................................................................... 41 4.10 World Bank Operational Policy on Involuntary Resettlement ..................................... 42 4.11 World Bank Indigenous Peoples Policy OP. 4.10 ........................................................ 43 4.12 Comparison of GoK Legal Framework and World Bank OP 4.12 And OP. 4.10 ........ 44 5 PAP AND STAKEHOLDER PARTICPATION AND CONSULTATIONS ........ 50 5.1 PAPs and Stakeholders Meetings held ......................................................................... 50 6 BASELINE AND SOCIO-ECONOMIC PROFILE OF PAPS .............................. 60 6.1 Position and Size of Kwale County .............................................................................. 60 6.2 Administrative and Political Units ................................................................................ 60 6.3 Demographics of the project area ................................................................................. 60 6.4 Population Size and Composition ................................................................................. 60 6.5 Demographics in Project Affected Households ............................................................ 61 6.5.1 Age distribution ............................................................................................................ 61 6.5.2 Gender Distribution of the PAH Heads ........................................................................ 61 6.5.3 Educational Level ......................................................................................................... 62 6.5.4 Occupation .................................................................................................................... 62 6.5.5 Household Incomes ....................................................................................................... 63 6.5.6 Energy ........................................................................................................................... 64 6.5.7 Water and Sanitation ..................................................................................................... 65 6.5.8 Health ............................................................................................................................ 66 6.5.9 Vulnerable Groups ........................................................................................................ 67 6.5.10 Road network within the project area ........................................................................... 68 c 7 RESETTLEEMNT IMPACTS, ELIGIBILITY &VALUATION FOR RAP 3 .... 69 7.1 Summary of Impacts and Risks in RAP 3 project areas ............................................... 69 7.1.1 Land Acquisition Impacts ............................................................................................. 69 7.1.2 Non-land impacts .......................................................................................................... 70 7.2 Eligibility And Valuation.............................................................................................. 70 7.2.1 Eligibility ...................................................................................................................... 70 7.2.2 Defining Project Affected People (Who is eligible) ..................................................... 71 7.2.3 Eligibility Criteria ......................................................................................................... 71 7.2.4 Cut-Off Date ................................................................................................................. 72 7.2.5 Category of PAH........................................................................................................... 72 7.2.6 Entitlement Matrix ........................................................................................................ 72 7.3 Valuation Methods ........................................................................................................ 98 7.3.1 Valuation Process for Land and other Assets ............................................................... 98 7.3.1.1 Land - Market Research and Valuation ................................................................. 98 7.3.1.2 Land Market Research - Objectives ...................................................................... 98 7.3.1.3 Land Market Research - Target PAPs ................................................................... 98 7.3.1.4 Valuation of land using Comparison Method........................................................ 98 7.3.2 Valuation of structures using current replacement approach ........................................ 99 7.3.3 Replacement Cost Valuation of Trees .......................................................................... 99 7.3.4 Valuation of graves ....................................................................................................... 99 7.3.5 Valuation for business income .................................................................................... 100 8 LIVELIHOOD RESTORATION PROGRAM...................................................... 101 8.1 Objectives and Schedule of Activities ........................................................................ 101 8.2 Aims of Activities ....................................................................................................... 102 8.3 Key principles of Livelihood Restoration ................................................................... 102 8.4 Context of Livelihood Restoration.............................................................................. 104 8.5 Potential Livelihood Restoration Options ................................................................... 104 8.5.1 Training on Financial and Business Management ...................................................... 104 8.5.2 Agricultural and Livestock Development ................................................................... 105 8.5.2.1 Cattle Raising ...................................................................................................... 105 8.5.2.2 Poultry Farming ................................................................................................... 106 8.5.2.3 Improved Fodder Development ........................................................................... 106 8.5.2.4 Fish Catch in the Reservoir ................................................................................. 106 8.5.2.5 Crop Production through Irrigation Demonstration Scheme ............................... 106 d 8.5.2.6 Agricultural Extension ......................................................................................... 108 8.5.2.7 Traditional Shrubs and Tree Planting .................................................................. 109 8.5.3 Water Supply Investments .......................................................................................... 109 8.5.4 Off-Farm Activities ..................................................................................................... 110 8.5.4.1 Shops and Transport ............................................................................................ 110 8.5.4.2 Selling Silt Materials from Check Dam .............................................................. 111 8.5.5 Community Infrastructure and Support ...................................................................... 111 8.5.5.1 Community Level Livelihood Restoration Plans ................................................ 112 8.5.5.2 Implementation of Livelihood Restoration Programs ......................................... 112 9 GRIEVANCE REDRESS MECHANISM .............................................................. 113 9.1 Subject Matter of Grievances / Expected Grievances................................................. 113 9.2 Need for Grievance Redress Mechanism .................................................................... 114 9.3 Essentials in Grievance Redress ................................................................................. 114 9.4 Grievance Redress Mechanism Players ...................................................................... 115 9.5 Principles of Grievance Redress Mechanism ............................................................. 115 9.6 Grievance Management Levels and roles ................................................................... 116 9.6.1 First Level: Elders Land Disputes Resolution Committee ........................................ 116 9.6.2 Second Level: Sub Location Grievance Redress Committees (SLEGRC) ................. 117 9.6.3 Third Level: Kinango and Samburu Sub-Counties Grievance Redress Committee (SCRGRC) ............................................................................................................................. 117 9.6.4 Fourth Level: County Arbitration Committee ............................................................ 118 9.6.5 Fifth Level: Resort to Justice ...................................................................................... 118 9.7 Appointment of Grievance Redress and Committee Members .................................. 118 9.8 Grievance Redress and Compensation Committee Members Remuneration ............. 119 9.9 Capacity-Building for Grievance Officer and Grievance Committee ........................ 119 9.10 National Land Commission ........................................................................................ 119 9.11 Grievance Redress Hierarchy ..................................................................................... 119 9.12 Grievance Registration and Monitoring...................................................................... 120 9.13 Hearing of Complaints: where and by whom ............................................................. 124 9.14 Appeal Procedures ...................................................................................................... 125 10 INSTITUTIONAL FRAMEWORK FOR RAP IMPLEMENTATION .............. 127 10.1 National Government- Ministry of Water & Sanitation and Irrigation ...................... 127 10.2 KWSCRP- National Project Management Unit & Coast Project Management Unit . 127 10.3 RAP Conveyance Consultant ...................................................................................... 128 e 10.4 RAP Implementation Team ........................................................................................ 128 10.5 RAP Implementation Steering committee .................................................................. 128 10.6 Safeguards Implementing Unit ................................................................................... 128 10.7 Communication and Coordination .............................................................................. 129 10.8 Management of RAP Implementation ........................................................................ 129 10.9 Change Management .................................................................................................. 130 10.10 Capacity building ........................................................................................................ 130 10.11 National Land Commission ........................................................................................ 130 10.12 Summary Roles of NLC.............................................................................................. 130 10.13 Grievance Redress and Resettlement Committees ..................................................... 130 10.14 Ministry of Lands and Physical Planning ................................................................... 131 11 RAP IMPLEMENTATION SCHEDULE .............................................................. 132 11.1 Disclosure of RAP ...................................................................................................... 132 11.2 Operationalize Grievance Mechanisms ...................................................................... 132 11.3 Conduct Training Programme for Officials ................................................................ 133 11.4 Other RAP Implementation Activities ........................................................................ 133 12 MONITORING AND EVALUATION OF RAP IMPLEMENTATION ............ 135 12.1 Adaptive Management Approach ............................................................................... 135 12.2 Internal Monitoring and Reporting ............................................................................. 135 12.3 Monitoring of Construction Activities ........................................................................ 136 12.4 Monitoring of Resettlement Activities and Measures ................................................ 136 12.5 External Monitoring and Reporting ............................................................................ 139 12.5.1 RAP Audit Consultant ................................................................................................ 139 12.5.2 Disclosure of Monitoring Reports .............................................................................. 140 12.5.3 Independent Environmental and Social Panel of Expert ............................................ 140 13 RAP BUDGET .......................................................................................................... 141 13.1 Actions to be taken by the government....................................................................... 141 14 REFERENCES.......................................................................................................... 142 f List of Tables Table 1: Summary of the Roads under the project .................................................................... 4 Table 2: Upper Check Dam Roads .......................................................................................... 14 Table 3: Comparative Analysis of World Bank OP 4.12 and OP. 4.10 &GoK requirements including measures to address gaps ......................................................................................... 45 Table 4: Consultation meetings in the project area .................................................................. 50 Table 5: Key stakeholders Consultation meetings ................................................................... 50 Table 6: Summary of Concerns raised by PAPs and Stakeholder during the various consultation meetings. .................................................................................................................................. 51 Table 7: Vulnerable PAPs Categories...................................................................................... 68 Table 8: Distribution of PAPs and PAHs by roads .................................................................. 69 Table 9: Summary of Impacts profile ...................................................................................... 69 Table 10: Summary of Land Acquisition Impacts ................................................................... 70 Table 11: Non-land Impacts..................................................................................................... 70 Table 12: Eligibility Framework .............................................................................................. 71 Table 13:Entitlement matrix .................................................................................................... 74 Table 14: Livelihood Support Cost Estimate ......................................................................... 112 Table 15: Performance of Project GRM being utilized in on RAPs Implementation ........... 114 Table 16: Grievance Mechanism Steps.................................................................................. 120 Table 17: RAP Monitoring Indicators ................................................................................... 136 Table 18: Summary of Compensation Estimates due to be paid to PAPs under RAP 3 ....... 141 Table 19: Total RAP budget .................................................................................................. 141 List of Figures Figure 1: Mwache Dam Access Roads with reference to RAP 1 and RAP 2 Areas ................. 8 Figure 2: Mwache Dam Roads Layout ...................................................................................... 8 Figure 3: Road A Layout ........................................................................................................... 9 Figure 4: Road B Layout.......................................................................................................... 10 Figure 5: Road C Layout.......................................................................................................... 10 Figure 6: Road D Layout ......................................................................................................... 11 Figure 7: Road E Layout .......................................................................................................... 12 Figure 8: Road F and G Layout ............................................................................................... 13 Figure 9: Road H Layout ......................................................................................................... 13 Figure 10: Upper Check Dam Roads ....................................................................................... 14 g Figure 11: Registration/Adjudication Sections ........................................................................ 15 Figure 12: Age distribution (Source- PAH Heads) .................................................................. 61 Figure 13: Gender Distribution of Household Heads (Source- PAH Heads ........................... 62 Figure 14: Occupation (Source- PAH Heads) ......................................................................... 63 Figure 15: Household Incomes (Source- PAH Heads) ............................................................ 64 Figure 16: Energy (Source- PAH Heads) ................................................................................ 65 Figure 17: Water and Sanitation (Source- PAH Heads) .......................................................... 66 Figure 18: Health (Source- PAH Heads) ................................................................................. 67 Figure 19: Awareness of the Mwache Roads Project (Source- PAH Heads) .......................... 67 Figure 20:: Pyramid showing the various grievance resolution pathways ............................ 120 Figure 21: Process of filing complaints and the taking, hearing and resolution of appeals. . 126 h ACRONYMS AND ABBREVIATIONS ADR Alternative dispute resolution AIDS Acquired Immuno-Deficiency Syndrome APDK Association of People with Disabilities of Kenya DCC Deputy County Commissioner FGD Focused Group Discussions GRCC Grievance Redress and Compensation Committee GRRCs Grievance Redress and Resettlement Committees GPS Geographical Positioning System GRM Grievance Redress Mechanism HH Household Head HIV Human Immuno Virus ID Identity card KCSE Kenya Certificate of Secondary Education KFS Kenya Forest Service KNBS Kenya National Bureau of Statistics KRA Kenya Revenue Authority KWSCRP Kenya Water Security and Climate Resilience Project (AoI) Kinango Area of Influence LRCC Locational Resettlement and Compensation Committees LRP Livelihood Restoration Programmes M&E Monitoring and Evaluation MOF Ministry of Finance MoLPP Ministry of Lands and Physical Planning MoWSI Ministry of Water Sanitation and Irrigation NGOs Non-governmental organizations NLC National Land Commission OP Operational Policy PAPs Project Affected Persons PASW Predictive Analytics Software PWDs Persons with Disability PIU Project Implementation Unit PMU Project Monitoring Unit RAP Resettlement Action Plan RIC RAP Implementation Consultant RPF Request for Proposal ROW Right of Way SPSS Statistical Packages for Social Sciences SCSDO Sub County Social Development Officers (SLEGRC Second Level: Sub Location Grievance Redress Committees) (SCRGRC) Sub-County Grievance Redress Committee TOR Terms of Reference UCD Upper Check Dam USD United States Dollar UTM Universal Transverse Mercator i 1 INTRODUCTION 1.1 Project Background The Government of Kenya (GOK) has received credit financing from the World Bank in the form of International Development Association (IDA) loan to implement activities and projects under the Kenya Water Security and Climate Resilience Project (KWSCRP). One of the potential investments identified under the K2 is the Mwache Multipurpose Dam Project, a Vision 2030 flagship project, which has been given high priority by the Ministry of Water & Sanitation and Irrigation (MoWSI), Kwale and Mombasa Counties. It will be implemented through the Ministry of Water & Sanitation and Irrigation (MoWSI), State Department of Water through the Kenya Water Security and Climate Resilience Project (KWSCRP) and Coast Development Authority (CDA). The Coastal Region Water Security and Climate Resilience Project (KWSCRP-2) was approved by the World Bank Board on December 16, 2014. The project development objective of the K2 is to improve water security and build climate resilience, sustainably increase bulk water supply and increase access to water and sanitation in the Coastal Region by: • Increasing the supply of bulk water to Kenya’s coastal region, including Mombasa; and • Developing an Irrigation Demonstration Scheme. The objectives of the Mwache Dam Project are to improve the living standards of Kwale County and Mombasa residents through poverty alleviation and sustainable development. A large-scale multi-purpose water reservoir will be created to cater for public and industrial water supply and irrigation in order to effectively contribute towards regional and national socio-economic development. Other specific objectives include ecosystem conservations, and irrigation. 1.2 Overall objectives of the RAP 3 i. Avoid or minimize adverse resettlement impacts including physical and economic displacement. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. ii. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs in accordance with the principles outlined in OP4.12 iii. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. iv. Mitigate adverse social and economic impacts from land acquisition by: a. Providing compensation for loss of assets at full replacement cost; b. Ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation, and the informed participation of those affected; and c. Improve or at least restore the livelihoods and standards of living of affected people. 1 v. Provide additional assistance and opportunities (e.g., credit facilities, training, or job opportunities) and improve or at least restore the income-earning capacity, production levels and standards of living of economically displaced persons whose livelihoods or income levels are adversely affected; vi. Provide transitional support to affected people, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living. The key principles of this RAP are based on the requirements of OP. 4.12 and constitute the following: - i. Compensation and resettlement of project-affected people will be carried out in compliance with Kenyan legislation and World Bank operational policy OP 4.12 ii. Where Kenyan legislation is less favourable to PAHs than the requirements of OP 4.12 the latter shall apply; iii. All physically and economically displaced people will be offered an option between either a full resettlement package, including the provision of replacement structures or cash compensation; iv. The Project will provide for measures to support sustainable use of cash compensation (money management training) and for mechanisms within the overall monitoring framework to follow up the use of cash compensation; v. The Project will assist PAHs in restoring their livelihoods to at least their previous levels through the development and implementation of tailored livelihoods restoration packages for each household vi. The Project aims to ensure PAHs are Project beneficiaries; targeted livelihood restoration programs will have this as a core strategy to achieve this goal. vii. The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process. viii. Key methods of consultations with the communities included Focus Group Discussion, Key informant interviews at venues identified and agreed upon via consensus. 1.3 Mwache Dam Project Components and related RAPs 1.3.1 RAP 1 RAP 1 covers the following areas; 1. Main dam area comprising of the; • Reservoir area (quarries of high potential rock material have been identified in parts of the reservoir areas for supply of dam building materials prior to the impoundment of the reservoir), • Base camp area, • Dam operational areas (raw water treatment plant and transmission pipeline, police post, clinic/health facility will be constructed within the dam operation area.) 2. Lower Check Dam including silt pile area 3. Access roads A, C and H. RAP 1 is further divided into RAP 1a and RAP 1b; RAP 1a covers ALL of Priority 1 works areas i.e. the lower check dam site and quarry site areas (part of which are in Mwavumbo Group Ranch) and main dam site and some 2 operational areas, All of Priority 2 areas i.e. part of main dam operational and reservoir areas and PART of Priority 3 areas (part of main dam operational and impoundment areas and part of the lower check dam reservoir areas, silt pile) and Access roads C & H, A3 and J. RAP 1b covers PART of Priority 3 i.e. the rest of the main dam and lower check dam reservoir areas all of which are within Mwavumbo Group Ranch. 1.3.2 RAP 2 RAP 2 covers all resettlement activities associated with the Upper Check Dam and Irrigation Demonstration Scheme areas. 1.3.3 RAP 3 This RAP 3 covers Roads A, D and E which are based on the road designs that were provided by the client (MoWSI) through the Dam Engineer. The preparation of RAP 3 has referenced the RAP 1 and RAP 2 to avoid potential overlaps. Other greenfield roads are covered under RAP 1 and others are existing on land already covered in the RAP 2 scope. However, RAP 3 has exclusively covered all the roads to be constructed or improved under the Mwache Dam project regardless of whether or not they were covered under the 2 previous RAP processes as exhaustively described in the Chapter 2. 3 2 DESCRIPTION OF THE MWACHE ROADS PROJECT 2.1 Mwache Dam Access Roads - Land Acquisition Plans Mwache Dam Road project involve 9 roads. The RAP 3 was based on the road designs that were provided by the client (MoWSI) through the Dam Engineer. The preparation of RAP 3 has referenced the RAP 1 and RAP 2 to avoid potential overlaps. Some of the roads are covered under RAP 1 and others were designed to be constructed on land already covered in the RAP 2 scope. However, RAP 3 has exclusively covered all the roads to be constructed or improved under the Mwache Dam project regardless of whether or not they were covered under the 2 previous RAP processes. Table 1: Summary of the Roads under the project Remarks Registration/ Width (metres) Length RAP in Adjudication (where applicable) (Km) which Land Road Existing/ New section Acquisition has/ will be done (where applicable) 1 A Existing (up-to Mazeras The bulk of the road 5.151 RAP I & SGR Bridge) Registration will be improved RAP 3 and the other Section using the existing/ section is within current road already acquired alignment and on the RAP 1 areas land that is already acquired under RAP 1; Priority 1 & 2. Additional 0.29Ha will be acquired from one (1) parcel of land under RAP 3. 2 B Existing Mnyenzeni The road will be 5.359 No Land Adjudication improved using the Acquisition Section existing/ current road will be alignment. No land needed will be acquired under any of under RAP 3 for this the 3 road section. Mwache RAP Reports. 3 C New but within Mazeras 20m; The road will be 0.842 RAP I already acquired Registration constructed on the RAP 1 areas Section land already acquired under RAP 1; 4 Remarks Registration/ Width (metres) Length RAP in Adjudication (where applicable) (Km) which Land Road Existing/ New section Acquisition has/ will be done (where applicable) Priority 1. No additional land will be acquired under RAP 3 for this road section 4 D New Mnyenzeni 20m; 1.31Ha will be 1.120 RAP 3 Adjudication acquired from five (5) Section parcels of land under RAP 3. 5 E Partly existing Mwavumbo 40-60m; 53Ha will be 15.556 RAP 3 and partly new and Chigato acquired from 233 Registration parcels of land under Sections and RAP 3. The land will Mnyenzeni be used to expand Adjudication existing sections of Section the road and to open up new greenfield areas for the road construction 6 F Existing Chigato The road will be 3.945 No Land Registration improved using the Acquisition Section existing/ current road will be alignment. No land needed will be acquired under any of under RAP 3 for this the 3 road section. Mwache RAP Reports. 7 G New Mwavumbo 20m; The road will be 1.929 RAP 1 (Temporary and Chigato constructed on the diversion) Registration land already acquired within already Sections under RAP 1; Priority 1 and 2. No additional acquired RAP 1 land will be acquired areas under RAP 3 for this road section 5 Remarks Registration/ Width (metres) Length RAP in Adjudication (where applicable) (Km) which Land Road Existing/ New section Acquisition has/ will be done (where applicable) 8 H New but within Mazeras 20m; The road will be 0.745 RAP 1 already acquired Registration constructed on the RAP 1 areas Section land already acquired under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section 9a UCD1- New but within Bofu 20m; The road will be 0.7 RAP 2 Village land scheduled Adjudication constructed on the Access for acquisition Section land scheduled for Road under RAP 2 acquisition under areas. RAP 2. No additional land will be acquired under RAP 3 for this road section 9b UCD2- New but within Bofu 20m; The road will be 1.2 RAP 2 Right land scheduled Adjudication constructed on the Bank for acquisition Section land scheduled for Access under RAP 2 acquisition under Road areas RAP 2. No additional land will be acquired under RAP 3 for this road section 9c UCD3- New but within Bofu 20m; The road will be 1.6 RAP 2 Sedime land scheduled Adjudication constructed on the nt for acquisition Section land scheduled for Deposit under RAP 2 acquisition under Connec areas RAP 2. No additional tion land will be acquired Road under RAP 3 for this road section 9d UCD4- New but within Bofu 20m; The road will be 1.0 RAP 2 Dam land scheduled Adjudication constructed on the Access for acquisition Section land scheduled for Road under RAP 2 acquisition under areas RAP 2. 6 Remarks Registration/ Width (metres) Length RAP in Adjudication (where applicable) (Km) which Land Road Existing/ New section Acquisition has/ will be done (where applicable) No additional land will be acquired under RAP 3 for this road section 9e UCD5- New but within Bofu 20m; The road will be 0.2 RAP 2 Crest land scheduled Adjudication constructed on the Access for acquisition Section land scheduled for Road under RAP 2 acquisition under areas RAP 2. No additional land will be acquired under RAP 3 for this road section 9f UCD6- New but within Bofu 20m; The road will be 0.3 RAP 2 Downst land scheduled Adjudication constructed on the ream for acquisition Section land scheduled for Connec under RAP 2 acquisition under tion areas RAP 2. No additional Road land will be acquired under RAP 3 for this road section 9g UCD7- New but within Bofu 20m; The road will be 0.2 RAP 2 Valve land scheduled Adjudication constructed on the Chamb for acquisition Section land scheduled for er under RAP 2 acquisition under Access areas RAP 2. No additional Road land will be acquired under RAP 3 for this road section 7 Figure 1: Mwache Dam Access Roads with reference to RAP 1 and RAP 2 Areas Figure 2: Mwache Dam Roads Layout 8 2.2 Description of Mwache Dam Roads 2.2.1 Road A (Dam Access Road) The road exists from Mombasa Road, through Mazeras Mission upto SGR Bridge next to the dam operational area while the other section of the road after the SGR Bridge is within already acquired RAP 1 areas. This road has a total length of about 5.2 km. It runs from Mazeras Town (in Mombasa Road) up to the Dam Operational Area. The bulk of the road will be improved using the existing/ current road alignment and on the land that is already acquired under RAP 1; Priority 1 & 2 but an additional 0.29Ha will be acquired from one (1) parcel of land under RAP 3. Section 1 (A1): Mazeras Town up to Mazeras High School • The road section is about 1.7 km • The road will be graveled as it is and no land acquisition is intended; • Only the structures /businesses along the road have been inventoried for compensation purposes Section 2 (A2) Mazeras High School to the SGR Bridge • The road section is about 1.4 km long • It will be tarmacked and land acquisition is intended Section 3 (A3) SGR Bridge to the Dam Operational Area • This section is about 2 .1 Km and is mainly for the damn operations • The land has already been acquired and vacated Figure 3: Road A Layout 9 2.2.2 Road B (Access Road on Right Side of the Dam) The road exists and will be improved using the existing/ current road alignment. No land will be acquired under RAP 3 for this road section. This road it has a total length of about 5.4 km. The road diverts from the Mazeras – Kinango Road (D560) and forms a loop around Miyani Primary School and then back to the Mazeras – Kingango Road. The road is mainly in Mnyenzeni Land Adjudication Section. Figure 4: Road B Layout 2.2.3 Road C (Access Road to pumping Station) This is an access road to the pumping station. It is about 0.9Km long within the Dam operations area and it will be gravelled. The road will be constructed on the land already acquired under RAP 1; Priority 1. No additional land will be acquired under RAP 3 for this road section Figure 5: Road C Layout 10 2.2.4 Road D (Access Road to Dam Crest along Kinango Road) The road does not exist - it is mainly a green field Land had partially been acquired; The road connects Road B and the Dam. It is about 1.1 Km long with corridor of 20m and will be tarmacked; 1.31Ha will be acquired from five (5) parcels of land under RAP 3. Figure 6: Road D Layout 2.2.5 Road E (Realignment of Road D560) This will be the main road that will connect Mazeras to Kinango. The road about 15.4Km long will mainly be a re-alignment of the existing road D560. The road nominal width is 40m – except at some bridge sections being with a width of 60m. It traverses mainly four land registration sections namely: Mazeras (1.5Km), Mwavumbo Ranch (8.0Km), Chigato Registration Section (4.0Km) and Mnyenzeni Adjudication Section (2.0Km). Whereas the land parcels in Chigato have been registered, those in a Mnyenzeni are currently under adjudication process, and therefore interim land parcel numbers of the affected land parcels were provided. In Mwavumbo Ranch, which is undergoing subdivision, temporary land parcel numbers of the affected land parcels were provided The road will be tarmacked and currently most part of the road is a greenfield (in Mwavumbo Ranch) which requires land acquisition. The land will be used to expand existing sections of the road and to open up new greenfield areas for the road construction. 53Ha will be acquired from 233 parcels of land under RAP 3. 11 Figure 7: Road E Layout 2.2.6 Road F (Chigato Village Access Road) The road exists and is mainly in Chigato land registration section. The road will be improved using the existing/ current road alignment. No land will be acquired under RAP 3 for this road section. This road is 4Km long The purpose of the road is to provide access to the Lower Check Dam from the Quarry & Chigato village access. 2.2.7 Road G (Temporary Diversion of Road D560) This is a temporary Diversion of Road D560 for use during dam construction in Mwavumbo and Chigato Registration sections near the current Mwache bridge. The road is 3Km long and only a small portion is to be graveled at either ends of the road; The road will be constructed on already acquired land under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section. 12 Figure 8: Road F and G Layout 2.2.8 Road H (Base Camp Access Road) The road is 0.5Km long and 20m wide will connects the Base camp and Road A. The road will be constructed on the land already acquired under RAP 1; Priority 1 and 2. No additional land will be acquired under RAP 3 for this road section. Figure 9: Road H Layout 2.2.9 Upper Check Dam Roads There are seven roads in the upper check dam which are designed to be 20m wide and total length of 5.2 Km. All the roads are within Bofu Land Adjudication Section. 13 The land is scheduled to be acquired under RAP 2 and therefore no land acquisition is intended under this RAP 3. Table 2: Upper Check Dam Roads Road Details Length Existing or New Road (Km) (greenfield) Road Reference 1 Village Access Road 0.7 Greenfield 2 Right Bank Access Road 1.2 Greenfield 3 Sediment Deposit Connection Road 1.6 Greenfield 4 Dam Access Road 1.0 Greenfield 5 Crest Access Road 0.2 Greenfield 6 Downstream Connection Road 0.3 Greenfield 7 Valve Chamber Access Road 0.2 Greenfield Figure 10: Upper Check Dam Roads 14 Figure 11: Registration/Adjudication Sections 15 3 RAP 3 METHODOLOGY The preparation of Resettlement Action Plan (RAP 3) entailed verification of PAPs, the affected assets, the socio-economic baseline data of the PAPs, the scope and the magnitude of the social impacts to be borne by the PAPs and design of an appropriate RAP that will provide social safeguard and compensation measures to effectively remedy the impacts of involuntary resettlement on the livelihoods of the PAPs. The RAP 3 report is based on final road designs provided by Ministry of Water & Sanitation and Irrigation (MoWSI). All the PAPs belong to the Duruma community and qualify for special consideration under the World Bank policy OP4.10 on indigenous peoples. A Vulnerable and Marginalized Groups Plan (VMGP) for Mwache Dam was prepared by KWSCRP, reviewed and approved by the World Bank and subsequently disclosed in 2014. As such, the preparation of this RAP has followed the principles outlined in OP4.10 and OP4.12. Specifically, OP.4.10 stipulates that Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. In the case of Mwache roads, the design has focused on upgrading existing roads and avoidance of densely populated areas while designing new roads. Though consultation with the community, measures were taken to minimize the impact on the community. OP. 4.10 further stipulates that, “in exceptional circumstances, when it is not feasible to avoid relocation, the borrower will not carry out such relocation without obtaining broad support for it from the affected Indigenous Peoples’ communities as part of the free, prior, and informed consultation process. In such cases, the borrower prepares a resettlement plan in accordance with the requirements of OP 4.12, Involuntary Resettlement that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. As part of the resettlement plan, the borrower documents the results of the consultation process. Where possible, the resettlement plan should allow the affected Indigenous Peoples to return to the lands and territories they traditionally owned, or customarily used or occupied, if the reasons for their relocation cease to exist.” As such, the RAP team undertook extensive consultations with the affected community in order to develop a resettlement strategy that is compatible with the cultural preferences of the affected Duruma community. As opposed to the dam project, road construction will lead to minimum physical displacement of PAPs because there is a considerably reduced number of PAHs (45PAHs) who will be losing more than 20% of their land parcels. The PAPs preferred cash compensation as opposed to land for land compensation. A livelihood restoration plan for the PAPs losing business income has been included in Chapter 8 of this RAP. 3.1 Stages of RAP Preparation The RAP was therefore prepared in four stages: Stage one; Literature Review The first stage included literature review of relevant project design and safeguard reports and maps. The project documents that were reviewed included: 16 a) Feasibility Study and Detailed Design Reports for Mwache Roads b) Mwache Dam Resettlement Action Plans (RAP 1a,1b and 2) c) Vulnerable and Marginalized Group Plan d) Relevant Kenyan legal documents including; • Constitution of Kenya, • Land Act, • Land Registration Act (2012) • Valuers Act (1985) • National Land Commission Act, • Land Registration Act • Community Land Act, • Water Act e) World Bank OP. 4.12 and OP 4.10 f) KWSCRP Resettlement Policy Framework Stage two: Establishing land registration status Some roads fall within areas where land has been registered and title deeds issued to the owners while others fall within sections where land adjudication process is ongoing or has not commenced. Stage three: Field surveys The third stage comprised fieldwork; census of affected persons, inventory of affected assets, socio-economic profiling of PAHs and recording preferences of each Project Affected Households (PAHs) with regard to resettlement and rehabilitation. The socio- economic survey was conducted between January and February 2022 alongside the census. Consultations were held directly with individual PAPs, relevant individual stakeholders during the field surveys and data collection period. The stakeholders and PAPs agreed that compensation for the affected assets will be paid directly to the PAPs by NLC. During RAP 3 preparation period, affected assets were identified and inventoried, valued and have been include in the Asset Register. The attendance register is provided in Annex V and Minutes provided in Annex IV. The census and socio- economic survey tools are provided in Annex VII. Stage four: RAP Report Preparation Fourth stage comprised RAP report preparation including valuation of affected assets, social economic data analysis and generating cadastral maps clearly illustrating all the parcels of land that will be acquired as picked from the ground by the RAP surveyors in consultation with the PAPs and stakeholders. The cadastral mapping was generated from intensive ground surveying technique and Geographical Information System (GIS) system enabled management of both the physical information on each parcel of land and PAPs’ socioeconomic attributes. 3.1.1 Literature review The first stage included literature review of relevant project design and safeguard reports and maps. The project documents that were reviewed included: a) Feasibility Study and Detailed Design Reports for Mwache Roads b) Mwache Dam Resettlement Action Plans (RAP 1a,1b and 2) 17 c) Mwache Dam Resettlement Action Plan (RAP 1a) prepared in 2019 d) Vulnerable and Marginalized Group Plan e) Relevant Kenyan legal documents including • Constitution of Kenya, • Land Act, • Land Registration Act (2012) • Valuers Act (1985) • National Land Commission Act, • Land Registration Act • Community Land Act, • Water Act f) World Bank OP. 4.12 and OP 4.10 g) KWSCRP Resettlement Policy Framework 3.1.2 Establishing land registration status Some roads fall within areas where land has been registered and title deeds issued to the owners while others fall within sections where land adjudication and registration processes are currently ongoing. Acquisition of land where adjudication and registration are currently ongoing The adjudication process in Bofu and Mnyenzeni adjudication sections and the registration and issuing of title deeds to members of Mwavumbo Group Ranch are ongoing. The allottees and the ranch members will eventually be officially registered to the particular parcels to which they have been allotted after the entire adjudication and registration process is complete. Therefore, during the RAP census data collection and asset inventory exercise, RAP Consultant consulted and involved the Kinango land adjudication office, Kwale County Government, the Mwavumbo Group Ranch Management Committee Members and the project affected persons. The aim of this consultation and engagement was to authenticate claims to the affected land and hence document the true ownership of landholders and occupiers and owners of the developments done on such unregistered land for the purpose of valuation and planning for compensation under the RAP 3. The Minutes are provided in Annex IV while attendant register is provided in Annex V. The subdivision records for all the land that had earlier been identified for the Mwache Dam main components in the Ranch during RAP 1 and RAP 2 preparation process were submitted to the Kwale Land Registry and are progressively being used by NLC in the ongoing land acquisition of land from the Ranch. However, the documents related to the parcels of land that were later identified for acquisition during this RAP 3 preparation phase in the Ranch are currently under preparation by the County Government of Kwale Licensed Surveyor and will be similarly submitted to the Kwale Land Registry on time to enable NLC acquire land needed during RAP 3 implementation phase. Since NLC have reliably depended on these official subdivision records obtained from the Kwale Land Registry in the ongoing land acquisition of the areas affected by RAP 1 within the Ranch, this will be replicated during acquisition of areas affected under RAP 3. The acquisition of land under RAP 3 mainly includes land affected by the greenfield roads to be constructed within the Ranch. Due to the successful subdivision and registration of the land to the individual Ranch members, compensation will be paid directly to the individual Group 18 members/PAPs as the persons whose interest or claims will have been determined by NLC from the official subdivision records as provided in the Land Act. The searches and confirmation letters are provided in Annex III. 3.1.3 Asset Inventory, Census, Socio-Economic Surveys PAHs were consulted individually at their household level during the census and asset valuations. The questionnaires which collected personal and livelihood information including their perceptions, hopes, fears and concerns about the Mwache roads project were administered. The census survey was conducted between January and February 2022 alongside the census. 3.1.3.1 Asset Inventory Asset Inventory covered the following: i. Full asset inventory of all affected land, structures and trees ii. Full census of all 267 PAHs iii. A Socio-Economic Survey to obtain a socio-economic profile of the PAHs in the project area and to further evaluate potential project impacts. The data was collected using asset inventory forms which captured information on structures, land, crops and trees. The asset inventory also included GPS and photos of affected property. 3.1.3.2 Census and Socio-Economic Survey The census and socio-economic surveys were conducted by a multidisciplinary team comprising sociologists, surveyor, valuers and enumerators under the direction of the Team Leader. The survey team employed the following methods as part of the census and socio-economic survey: i. Semi structured questionnaires ii. Focus Group Discussions iii. Key Informant Interviews iv. Field observation The following topics were covered by the census: i. Ownership of land, trees and structures ii. Economic activities iii. Household income; iv. Gender, v. Age, vi. Education, vii. Employment status 19 viii. Religion The census and socio-economic survey tools are provided in Annex VII. 3.1.3.3 Training of enumerators During the various community barazas the consultant picked the youths in the meeting through the assistance of the village elders. They were then trained by the RAP expert and were then used as enumerators who would work with the whole team. The training covered the following aspects: i. Ethical standards (confidentiality and informed consent) ii. Familiarity with the tools. 3.1.3.4 Identification of PAHs The surveyors used the design co-ordinates provided by the MOWIS identifying the affected land parcels whose owners were included in the PAHs register. Using the design coordinates, GIS Specialist/ surveyors prescribed the Project Area of Impact using GPS instruments and identified land that would be affected within those boundaries. The land and structure owners for each affected land identified were then interviewed, firstly for the purposes of asset inventory by the valuer, followed by the enumerators with a Census form and a Socio-Economic questionnaire; and if a land owners had more than one piece of affected land, each of this was surveyed, valued and inventoried separately. However, only one Census/ Socio-Economic survey was completed for such PAH. 3.1.3.5 Cadastral land survey The cadastral land surveys included the following activities: i. Acquiring of maps (PIDs and RIMs) from Survey of Kenya ii. Geo-referencing of the acquired maps to UTM Arc 1960 iii. Overlaying of the roads design on the geo-referenced maps iv. Extracting data (areas + co-ordinates) of affected parcels v. Ground verification using GPS vi. Final calculation of areas of affected parcels vii. Confirmation of the ownership of affected parcels by conducting land title searches at the Land Registry (Title search certificates for all the affected parcels have been obtained from the Land registry in Kwale). Searches are provided in Annex III. 3.1.3.6 Asset Valuation Surveys Asset Valuation Surveys included the following activities: i. Conducting market research of land transactions, market prices, construction materials, and labor costs within the project locality. ii. Identification of all affected land parcels and ground boundaries iii. Measuring the affected portion of land for acquisition iv. Local rates from the State Department of Agriculture and markets were adopted for crop valuation, taking into account acreage of each particular crop. The emphasis was to ensure full replacement cost. Valuation of trees adopted the local 20 KFS (Kenya Forestry Services) rates, considering the age factor for trees. v. Recording the location of all assets with a GPS machine and taking photographs of affected assets. 3.1.4 Data Collection, Entry and Analysis and RAP report preparation The information obtained from the above surveys were analyzed qualitatively and quantitatively to prepare the RAP report. A database of all the PAHs has been generated and shall be used by the client to implement this RAP. The client will keep on updating the database on a need basis. 3.1.5 RAP Team The RAP preparation team of experts consisted of the following: i. Land Surveyor ii. Valuation Expert iii. GIS Specialist iv. Sociologist v. Research Assistants/ enumerators 21 4 LEGAL AND POLICY FRAMEWORK The RAP has been designed in accordance with all the relevant legislation pertaining to Constitution of Kenya, The Land Act, National Land Commission Act, Land Registration Act, Community Land Act, Traffic Act, Roads Act, Water Act as well as the World Bank Involuntary Resettlement Policy OP 4.12 and Indigenous Peoples Policy OP 4.10), among others. The Kenyan land laws and the Constitution of Kenya (CoK) 2010, requires that there should be just compensation to those affected but it is not clear on specifics of what constitutes just compensation. World Bank OP.4.12 requires full replacement costs. The RAP requires that full replacement cost be paid as compensation to all the PAHs for land to be acquired, for structures and other developments to be affected by the project as per the World Bank OP.4.12. The Bank's Operational Policy 4.12: Involuntary Resettlement is triggered by the project since the Mwache Dam Project will take up land, affect structures, communal assets, cultural assets, crops and trees. The Project also triggers Bank's Operational Policy 4.10 as it will affect the Duruma community who are classified as vulnerable and marginalized under the policy. 4.1 The Constitution of Kenya The Constitution of Kenya categorizes land as follows: • Public Land; • Community Land; • Private Land. The Constitution also provides that the National Land Commission shall recommend a National Land Policy to the National Government while Parliament shall revise and enact legislation to ensure implementation of the issues outlined in it. Section 40 of the Constitution of Kenya recognizes and protects the right to private property including land. However, Section 40(3) (b) provides that the State may take possession of private land if this is necessary for public purpose or in public interests. The Constitution also requires that compulsory acquisition be preceded by prompt payment in full, of just compensation to the affected person. It also allows any person who has an interest in or right over, that property a right of access to a court of law. 4.2 The National Land Commission Act This is an Act of Parliament to make further provision as to the functions and powers of the National Land Commission, qualifications, and procedures for appointments to the commission; to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes. 22 • Compulsory Acquisition in Kenya is also to be handled by the National Lands Commission. • Other mandates of the Commission include management of public land on behalf of the national and county governments. • The Act also mandates the Commission to ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations. • Thirdly, the Act empowers the Commission to administer all unregistered trust land and unregistered community land on behalf of the county government. Article 67(2) of the Constitution, the functions of the Commission are to; • Manage public land on behalf of the national and county governments; • Compulsory acquire land for national and county governments • Compensate acquired land on behalf of national and County government • Recommend a national land policy to the national government; • Advise the national government on a comprehensive Programme for the registration of title in land throughout Kenya; • Conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; • Initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; • Encourage the application of traditional dispute resolution mechanisms in land conflicts; • Assess tax on land and premiums on immovable property in any area designated by law; and • Monitor and have oversight responsibilities over land use planning throughout the country. Under the National Land Commission Act, the Commission shall: • On behalf of, and with the consent of the national and county governments, alienate public land; • Monitor the registration of all rights and interests in land; • Ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations; • Develop and maintain an effective land information management system at national and county levels; • Manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and • Develop and encourage alternative dispute resolution mechanisms in land dispute handling and management. • Implement Settlement Programmes on behalf of national and county governments as outlined in section 134 of the Land Act. • Administer the Land Settlement Fund in accordance with section 135 of The Land Act 2012 • Manage the Land Compensation Fund 23 • Identify ecologically sensitive areas that are within public land and demarcate and take any other justified action on those areas and act to prevent environmental degradation and climate change in accordance with the Land Act. • Reserve public land for the establishment of approved settlement Programmes, and where public land is not available, purchase private land subject to the Public Procurement and Disposal Act, 2005 or any other law as provided for in section 134 (5) of the Land Act. • Set aside land for investment purposes in accordance with section 12(3) of the Land Act. • Approve compulsory acquisitions, way leaves, easements and analogous rights. • Ensure that the investments, in land benefit local communities and their economies. • Make regulations prescribing the criteria for allocation of public land, such regulations to prescribe forms of ownership and access to land under all tenure systems. • The procedure and manner of setting aside land for investment should respect mechanisms of benefit sharing with local communities. Relevance The NLC will do compulsory acquisition of all affected land identified in this RAP including compensation of all identified PAHs. 4.3 The Land Act (Revised Edition 2019 [2012]) This is an Act of Parliament intended to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land-based resources, and for connected purposes. 4.3.1 Relevant Sections • Section 4 (1) provides the Guiding values and principles of land management and administration in this section bind all State organs, State officers, public officers and all persons whenever any of them; • Section 7 provides for the Methods of acquisition of title to land including compulsory acquisition • Section 9 provides for Conversion of land from one category to another in accordance with the provisions of The Land Act or any other written law. • Section 49. (1) provides guidelines of land transfers including succession related due to death • Part VII provides the procedure for compulsory acquisition of interest in land. 4.3.2 Process of Compulsory Acquisition of Land Preliminary notice (1) Whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110, the respective Cabinet Secretary or the 24 County Executive Committee Member shall submit a request for acquisition of land to the Commission to acquire the land on its behalf. (2) The Commission shall prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. (3) The Commission may reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements prescribed under subsection (2) and Article 40(3) of the Constitution. Where the Commission rejects a request of an acquiring authority in accordance with subsection (3), the Commission shall inform the relevant acquiring authority within fourteen days of the decision to reject the request. (4) If the Commission establishes that the request under subsection (1) meets the requirements prescribed under subsection (2) and Article 40(3) of the Constitution, the Commission shall: • cause the affected land to be mapped out and valued by the Commission using the valuation criteria set out under the Act; and • establish that the acquiring authority has identified the number and maintains a register of persons in actual occupation of the land, confirming for each such occupation how much time they have been in uninterrupted occupation or ownership of interest in the land prior to the date of the request for acquisition of the land, and the improvements thereon. (5) Upon approval of a request under subsection (1), the Commission shall publish a notice to that effect in the Gazette and the county Gazette, and shall deliver a copy of the notice to the Registrar and every person who appears to the Commission to be interested in the land. (5A) The notice issued under subsection (5) shall contain the following particulars • the purpose for which the land is to be compulsorily acquired; and • the location, general description and approximate area of the land. (5B) Upon receipt of the notice under subsection (5), the Registrar shall make an order, pursuant to section 76 (1) of the Land Registration Act, 2012, prohibiting or restricting dealings with the affected portion of land thereof until it vests in the acquiring authority. (6) Upon service of the notice, the registrar shall make an entry in the register of the intended acquisition. (7) For the purposes of sections 107 to 133, interested persons shall include any person whose interests appear in the land registry and the spouse or spouses of any such person, as well as any person actually occupying the land and the spouse or spouses of such person. (8) All land to be compulsorily acquired shall be geo-referenced and authenticated by the office or authority responsible for survey at both the national and county government. 25 4.3.3 Criteria for assessing value for compulsorily acquired freehold land (1) Valuation of freehold land and community land for purposes of compensation under The Land Act shall be based on the provisions of this Part and the land value index developed for that purpose by the Cabinet Secretary in consultation with county governments and approved by the National Assembly and the Senate. (2) The land value index under subsection (1) shall be developed within six months of the commencement of The Land Act. (3) For purposes of this Part, "land value index" means an analytical representation showing the spatial distribution of land values in a given geographical area at a specific time. (4) In addition to any other principle that may be employed in calculating the land value index, the declared value of the land for purposes of payment of rates, rents or stamp duty shall be taken into account. (5) In assessing the value of freehold land and determining the just compensation to be awarded for land acquired under The Land Act, an increase in the value shall be disregarded if— a) the increase in the value of land is occasioned by the intended use or development of the land to be acquired; b) the increase in the value of the land as at the date of publication of the notice of intention to acquire it is likely to accrue from the use to which the land will be put when acquired; c) the increase in the value of the land is occasioned by any development or improvement to the land if— i. the improvement was made on the land within two years prior to the date of publication in the Gazette of the notice of intention to acquire the land, unless it is proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land: Provided that where the national government or the county government makes changes in the use of the land compulsorily acquired to affect other land owners, these owners shall be excluded from the application of this provision. ii. the improvement was done after the date of publication in the Gazette of the notice of intention to acquire the land, unless the improvements were necessary for the maintenance of any building in a proper state of repair and are not capital improvements. iii. the improvement is contrary to any law or is detrimental to the health of the occupiers or to public health generally. (6) In addition to the provisions of subsection (1), the following circumstances shall not be taken into account in determining the value of the land; (a) the degree of urgency which has led to the acquisition; (b) any inconvenience caused to a person interested in the land; or (c) damage which is likely to be caused to the land after the date of publication in the Gazette of the notice of intention to acquire the land or in consequence of the intended land use; (7) Despite subsections (1) and (3), the following matters may be taken into consideration in assessing the value of land— 26 a) damage sustained or likely to be sustained by persons interested at the time of the Commission's taking possession of the land by reason of severing the land from other land; b) damage sustained or likely to be sustained by persons interested in the land at the time of the Commission's taking possession of the land injuriously affecting other property, whether movable or immovable or in any other manner affecting the person's actual earnings; c) if, in consequence of the acquisition, any of the persons interested in the land is or will be compelled to change residence or place of business, the payment of reasonable expenses to be determined by the Commission; d) damage genuinely resulting from diminution of the profits of the land between the date of publication in the Gazette of the notice of intention to acquire the land and the date the Commission takes possession of the land; and e) the effect of any express or implied condition of title or law which restricts the intended land use. (8) In determining the damage resulting from diminution of the profits of the land, the Commission shall require proof of existence of the profits including evidence of tax returns. (9) For purposes of Article 40(4) of the Constitution, compensation to be made to occupants in good faith of land compulsorily acquired who may not hold title to the land shall be assessed based on— a) the number of persons in actual occupation of the land for an uninterrupted period of six years immediately before the publication of the notice of intention to acquire the land; b) improvements done before the date of publication in the Gazette of the notice of intention to acquire the land; c) damage sustained or likely to be sustained by the occupants of the land at the time of the Commission's taking possession of the land injuriously affecting other property, whether movable or immovable or in any other manner affecting the person's actual earnings; and d) if, in consequence of the acquisition, any of the occupants in good faith of the land is or will be compelled to change residence or place of business, the payment of reasonable expenses to be determined by the Commission. (10) An occupant in good faith does not include a person unlawfully occupying any land without the consent of the owner. (11) The compensation payable under subsection (7) shall not in any case exceed the value of the structures and improvements on the land. (12) Despite subsection (10), where boundaries of land are ascertainable, prompt payment in full, of just compensation may be made to occupants in good faith in the case of— (a) land lawfully held, managed or used by individuals or families as ancestral land; or (b) land traditionally occupied by individuals, families or entities pending adjudication. 27 (13) For the purposes of this section, "value" in relation to land means the value of the land, assessed in accordance with this section, at the date of publication in the Gazette of the notice of intention to acquire the land. 4.3.4 Power of entry to inspect land (1) The Commission may authorize, in writing, any person, to enter upon any land specified in a notice published under section 107 and inspect the land and to do all things that may be reasonably necessary to ascertain whether the land is suitable for the intended purpose. (2) An authorization under subsection (1) shall not empower a person to enter a building, or an enclosed court or garden attached to a dwelling house, unless that person a) has first obtained the consent of the occupier; or b) has served on the occupier a not less than seven days written notice of the intention to enter. 4.3.5 Payment for damage caused by entry for inspection As soon as practicable after entry has been made under section 108, the Commission shall promptly pay in full, just compensation for any damage resulting from the entry. 4.3.6 Notice of acquisition and effect of acquisition on plant and machinery (1) Land may be acquired compulsorily under this Part if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfilment of the stated public purpose. (2) If, after land has been compulsorily acquired the public purpose or interest justifying the compulsory acquisition fails or ceases, the Commission may offer the original owners or their successors in title pre-emptive rights to re-acquire the land, upon restitution to the acquiring authority the full amount paid as compensation. (3) If any plant or machinery is attached or permanently fastened to the land, the person interested in that plant or machinery may serve on the Commission a notice in writing that such person desires to sever and remove the plant or machinery, after receiving the notice of intention to acquire the land under section 107(5), and not later than fifteen days before the inquiry appointed under section 112(1). 4.3.7 Compensation to be paid (1) If land is acquired compulsorily under The Land Act, just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. (1A) The acquiring authority shall deposit with the Commission the compensation funds in addition to survey fees, registration fees, and any other costs before the acquisition is undertaken. (1B) Compensation for compulsorily acquired land may take any one or more of the following forms 28 a) allocation of alternative parcel of land of equivalent value and comparable geographical location and land use to the land compulsorily acquired; b) monetary payment either in lump sum or in instalments spread over a period of not more than one year; c) issuance of government bond; d) grant or transfer of development rights as may be prescribed; e) equity shares in a government owned entity; or f) any other lawful compensation Provided that regardless of the form of compensation under this section, where an acquisition process is not completed within twenty-four months from the date of publication of the notice of intention to acquire the land, the acquisition shall lapse. 1C. Subject to subsection (1B), an owner of land compulsorily acquired shall elect the form of compensation. 1D. Compensation relating to compulsory acquisition shall not be paid to a public body unless there is a demonstrable inference that the land was purchased and developed by that public body. (2) The Commission shall make rules to regulate the assessment of just compensation. 4.3.8 Inquiry as to compensation (1) At least thirty days after publishing the notice of intention to acquire land, the Commission shall appoint a date for an inquiry to hear issues of propriety and claims for compensation by persons interested in the land, and shall; a) cause notice of the inquiry to be published in the Gazette or county Gazette at least fifteen days before the inquiry; and b) serve a copy of the notice on every person who appears to the Commission to be interested or who claims to be interested in the land. (2) The notice of inquiry shall call upon persons interested in the land to deliver a written claim of compensation to the Commission, not later than the date of the inquiry. (3) At the hearing, the Commission shall; a) make full inquiry into and determine who are the persons interested in the land; and b) receive written claims of compensation from those interested in the land. (4) The Commission may postpone an inquiry or adjourn the hearing of an inquiry from time to time for sufficient cause. (5) For the purposes of an inquiry, the Commission shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to the Commission of documents of title to the land. (6) The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce evidence and to call and to question witnesses at an inquiry. 29 4.3.9 Award of compensation (1) Upon the conclusion of the inquiry, the Commission shall prepare a written award, in which the Commission shall make a separate award of compensation for every person whom the Commission has determined to have an interest in the land. (2) Subject to Article 40 (2) of the Constitution and section 122 and 128 of this Act, an award; a) shall be final and conclusive evidence of— i. the size of the land to be acquired; ii. the value, in the opinion of the Commission, of the land; iii. the form of the compensation payable, whether the persons interested in the land have or have not appeared at the inquiry; b) shall not be invalidated by reason only of a discrepancy which may thereafter be found to exist between the area specified in the award and the actual area of the land. (3) If an interest in land is held by two or more persons as co-tenants, the award shall state; a) the amount of compensation awarded in respect of that interest; and b) the shares in which it is payable to those persons. (4) Every award shall be filed in the office of the Commission. 4.3.10 Notice of award (1) On making an award, the Commission shall serve on each person whom the Commission has determined to be interested in the land, a notice of the award and offer of compensation. 4.3.11 Payment of compensation (1) After notice of an award has been served on all the persons determined to be interested in the land, the Commission shall, promptly pay compensation in accordance with the award to the persons entitled thereunder, except in a case where; a) there is no person competent to receive payment; or b) the person entitled does not consent to receive the amount awarded; or c) there is a dispute as to the right of the persons entitled to receive the compensation or as to the shares in which the compensation is to be paid. (2) In any of the cases referred to in paragraphs (a), (b) and (c) of subsection (1), the Commission may at any time pay the amount of the compensation into a special compensation account held by the Commission, notifying any persons interested accordingly. (3) If the compensation payable in any of the cases referred to in paragraphs (a), (b) and (c) of subsection (1), is in the form of an alternative land, the Commission may hold the title to such land in trust for the beneficiaries. 30 4.3.12 Payment in error If a person has received any money by way of compensation awarded for an interest in the land being acquired, either in error or before it has been established that some other person is rightfully entitled to the interest, the Commission may, by notice in writing served on that person, require that person to refund to the Commission the amount received, and the amount shall be a debt due from that person to the Commission. 4.3.13 Payment of interest (1) If the amount of any compensation awarded is not paid, the Commission shall on or before the taking of possession of the land, open a special account into which the Commission shall pay interest on the amount awarded at the base lending rate set by the Central Bank of Kenya and prevailing at that time from the time of taking possession until the time of payment. (2) If additional compensation is payable under section 119 there shall be added to the amount of the additional compensation interest thereon at the base lending rate set by the Central Bank of Kenya and prevailing at that time from the time when possession was taken or compensation was paid, whichever is earlier. 4.3.14 Final survey (1) If part of the land comprised in documents of title has been acquired, the Commission shall, as soon as practicable, cause a final survey to be made of all the land acquired. (2) Upon completion of final survey under subsection (1), the Commission shall cause to be issued new title documents for every affected parcel. 4.3.15 Condition for payment of compensation Payment of compensation shall be made only upon the exercise of due diligence which shall include final survey and the determination of acreage, boundaries, ownership and value. 4.3.16 Formal taking of possession (1) After an award has been made, the Commission may take possession of the respective land by serving on every person interested in the land a notice that on a specified day possession of the land and the title to the land will vest in the national or county government as the case may be, provided that such taking of possession will not result in persons being rendered homeless. (2) In cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures of compulsory acquisition under The Land Act, the Commission may take possession of the land upon the expiration of fifteen days from 31 the date of publication of the notice of intention to acquire, and on the expiration of that time the Commission shall, notwithstanding that no award has been made, take possession of that land in the manner prescribed by subsection (1). (3) Upon taking possession of land under subsection (1) or subsection (2), the Commission shall also serve upon a) the registered proprietor of the land; and b) the Registrar, a notice that possession of the land has been taken and that the land has vested in the national or county governments as the case may be. (4) Upon taking possession and payment of just compensation in full, the land shall vest in the national or county governments absolutely free from encumbrances. 4.3.17 Surrender of documents of title (1) If the documents evidencing title to the land acquired have not been previously delivered, the Commission shall, in writing, require the person having possession of the documents of title to deliver them to the Registrar, and thereupon that person shall forthwith deliver the documents to the Registrar. (2) On receipt of the documents of title, the Registrar shall; a) cancel the title documents if the whole of the land comprised in the documents has been acquired; b) if only part of the land comprised in the documents has been acquired, the Registrar shall register the resultant parcels and cause to be issued, to the parties, title documents in respect of the resultant parcels. (3) If the documents are not forthcoming, the Registrar will cause an entry to be made in the register recording the acquisition of the land under The Land Act. 4.3.18 Acquisition of other land on account of severance (1) The powers of acquisition conferred by this Part shall not be exercised so as to acquire a part only of a permanent building in any case if; a) that part is reasonably required for the full and unimpaired use of that building; and b) a person interested in the building desires that the whole of the building shall be acquired. (2) The person referred to under subsection (1)(b) may, at any time before the Commission has made an award, withdraw or modify the person’s statement by notice in writing served on the Commission. (3) If the Commission is satisfied that the partial compulsory acquisition originally intended will render the remaining land inadequate for its intended use or will severely and disproportionally reduce the value of the remaining land, it will instruct the acquiring authority to acquire the remaining land. (4) The remaining land referred to in subsection (3) shall be used for public purposes or be included in the Land Bank. 32 (5) If a question arises as to whether or not any part of a building is reasonably required for the full and unimpaired use thereof, and the parties cannot agree thereon, the matter shall be referred by the Commission to the Court for determination. 4.3.19 Withdrawal of acquisition (1) At any time before possession is taken of any land acquired under this Act, the Commission may, revoke a direction to acquire the land, and, shall determine and pay compensation for all damage suffered and all costs and expenses reasonably incurred by persons interested in the land by reason of or in consequence of the proceedings for acquiring the land. (2) The principles relating to the determination of compensation set out in the rules shall apply, so far as they are relevant, to the determination of compensation payable under this section. 4.3.20 Power to obtain temporary occupation of land (1) If the Commission is satisfied that the possession of any land is required by a public body for a particular period not exceeding five years, and that; a) the possession of the land is necessary for public purpose or public interest; b) the possession of the land is necessary in the interests of defence, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit; and c) the necessity therefore is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property, and so certifies in writing, possession of such land may be taken for that period under this section. (2) The Commission shall then serve on every person interested or who claims to be interested in the land to be taken possession of under subsection (1), or on such of them as after reasonable inquiry are known to the Commission, a notice that the Commission is to take possession of the land for the period in question. (3) At the end of seven days after service of notices has been completed under subsection (2), the Commission may take possession of the land by entering, personally or by agents, on the land and positing on the land a notice in the prescribed form that possession has been taken of the land, and shall serve a copy of the notice on the occupier. (4) This section shall not apply where the use of land is likely to cause permanent damage to land. 4.3.21 Payment of compensation (1) The Commission shall, as soon as is practicable, pay full and just compensation to all persons interested in the land. 33 4.3.22 Compensation for damages If the Commission is satisfied that any land of which the occupation or use has been secured under this Part is needed solely as a means of access to other land, then— a) the use of the land shall extend to the passage of vehicles of all kinds, including heavy machinery, whether owned or operated by the public body occupying or using the land or by any contractor or servant employed by that body; and b) the compensation to be paid under section 124 (3) shall be limited to the damage done to trees, plants, growing crops and permanent improvements on the land, together with a periodical sum for diminution in the profits of the land and of adjoining land by reason of that use. 4.3.23 Reference of matters to the Court for determination by the Commission (1) The Commission may at any time, by application in the prescribed form, refer to the Court for its determination any question as to; a) the construction, validity or effect of any instrument; b) the persons who are interested in the land concerned; c) the extent or nature of their interest; d) the persons to whom compensation is payable; e) the shares in which compensation is to be paid to tenants in common; f) the question whether or not any part of a building is reasonably required for the full and unimpaired use of the building; or a) the condition of any land at the expiration of the term for which it is occupied or used. (2) Without prejudice to the powers of the Court under this Part, the costs of any reference to the Court under subsection (1) shall be paid by such person as the Court may direct or, where the Court does not give direction, by the Commission. 4.3.24 Reference to the Environment and Land Court Any dispute arising out of any matter provided for under the Land Act may be referred to the Land and Environment Court for determination. 4.3.25 Right of entry The Commission and any officer or person authorized under section 108 shall, upon notice, have the right at all reasonable times to enter upon any land in furtherance of any of the purposes of The Land Act. 4.3.26 Penalty for obstruction A person who wilfully hinders or obstructs the Commission or an officer or person mentioned in section 129 in doing any of the acts authorized or required by The Land Act, or who wilfully fills up, destroys, damages or displaces any trench, post or mark made or put on land under The Land Act, commits an offence and is liable, on conviction, 34 to imprisonment for a term not exceeding five years or to a fine not exceeding three million shillings, or to both. 4.3.27 Service of notices (1) A notice which may be given under this Part may be served on a person; a) by delivering it to the person personally; b) by sending it by registered post to the person’s last known address; c) if the whereabouts of the person or the address cannot, after reasonable inquiry, be ascertained, by leaving it with the occupier of the land concerned or, if there is no occupier, by affixing it upon some prominent part of the land; d) if the person is a body corporate, society or other association of persons, by serving it personally on a secretary, director or other officer thereof or on a person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society, or, if there is no registered office, at any place where it carries on business, or, if there is none, by leaving it with the occupier of the land concerned, or, if there is no occupier, by affixing it upon some prominent part of the land; or e) the Commission may in addition to serving notice by paragraphs (c) and (d), place an advertisement in two newspapers with a national circulation. 4.3.28 Exemption from stamp duty Stamp duty shall not be chargeable for an award or agreement made under this Act, and no person claiming any such award or agreement shall be liable to pay a fee for a copy of the agreement. Relevance This RAP 3 has been prepared in line with the Land Act 2012 (Revised Edition 2019 [2012]) and during its implementation, the relevant sections applying to the category of PAHs will be applied. This will be in regard to all the community land that will be acquired for the project within Mwavumbo Group Ranch and privately owned land at Mnyenzeni Adjudication section and Mazeras and Chigato Registration Section. 4.4 The Community Land Act This is an Act of Parliament to give effect to Article 63 (5) of the Constitution; to provide for the recognition, protection and registration of community land rights; management and administration of community land; to provide for the role of county governments in relation to unregistered community land and for connected purposes. The Land Act provides that Community land shall be managed in accordance with the law relating to Community Land enacted pursuant to Article 63 of the Constitution and that Community land may be converted to either private or public land in accordance with the law relating to community land enacted pursuant to Article 63(5) of the Constitution Community land refers to land lawfully held, managed and used by a specific community. It is a right of commons that exists within a community where each member has a right to use independently the holdings of the community. 35 Community land shall vest in the community and maybe held under any of the following tenure system— (a) customary; (b) freehold; (c) leasehold; and (d) such other tenure system recognized under the Community Land Act or other written law. 4.4.1 Conversion of community land (1) The Community land register shall, in addition to the particulars set out under section 8(1) of the Land Registration Act, 2012 (No. 3 of 2012) contain the particulars of all conversions involving community land. (2) A registered community shall, before the conversion of registered community land into any other category of land seek and obtain approval from two thirds of the assembly in a special meeting convened for that purpose. 4.4.2 Conversion of community land to public land (1) Community land may be converted to public land by— (a) compulsory acquisition; (b) transfer; or (c) surrender. (2) Nothing in the Community Land Act Limits Land Act, 2012 (No. 6 of 2012) and any other compulsory acquisition of land. (3) Reversionary interest of such land shall lie with the community in the first instance upon expiry of such public use interest. (4) Transfer of community land shall, subject to the approval of the members of the registered community in a community meeting, be done in accordance with the Land Act, 2012 (No. 6 of 2012) and any other applicable law. In the project affected area, there are PAHs who own land under communal land ownership and these are specifically those PAHs in the Mwavumbo Group Ranch. In addition, much of the land immediately surrounding the project area into which displaced people intend to buy land and relocate to are a mix of registered and adjudicated land and the larger Mwavumbo Group Ranch. Relevance The provision of this Act on the conversion of the community land into public land through compulsory acquisition will be followed. The Act also stipulates that ‘nothing in this Act limits The Land Act, 2012 (No. 6 of 2012) and any other compulsory acquisition of land. This therefore gives the Land Act an upper hand in proving direction on how to acquire community land in Mwavumbo Group Ranch which is the large part affected by the greenfield roads. 36 4.5 The Land Registration Act 2012 This is an Act of Parliament intended to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. Section 7(1) of the Act provides for establishment of a land registry in each registration unit which shall keep registers of the following regarding land: • A land register, in the form to be determined by the Commission; • The cadastral map; • Parcel files containing the instruments and documents that support subsisting entries in the land register. • Any plans which shall, after a date appointed by the Commission, be geo-referenced; • The presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry; • An index, in alphabetical order, of the names of the proprietors; and • A register and a file of powers of attorney. 4.5.1 Sec 8; Community Land Register (1) Subject to the legislation on community land made pursuant to Article 63 of the Constitution, there shall be maintained in each registration unit, a community land register in which shall be kept— (a) a cadastral map showing the extent of the community land and identified areas of common interest; (b) the name of the community identified in accordance with Article 63(1) of the Constitution and any other law relating to community land; (c) a register of members of the community; (d) the user of the land; (e) the identity of those members registered as group representatives; (f) the names and identity of the members of the group; and (g) any other requirement as shall be required under the law relating to community land. (2) The Registrar shall issue a certificate of title or certificate of lease in the prescribed form. (3) The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with the law relating to community land. (4) For the avoidance of doubt the provisions in this section shall not apply to unregistered community land held in trust by county governments on behalf of communities under Article 63(3) of the Constitution. Relevance These provisions are essential throughout the RAP process including the verification of land ownership for Mwavumbo Group Ranch which is registered as Kwale/Mwavumbo/1 and when fully dissolved whether within the timelines of the RAP or later, each PAP will have their allocated portions of land registered in their names and title deeds issued to them as proof of ownership of the land. 37 The conversion of the Group Ranch into Private Land will follow the provisions laid down in the Community Land Act above. 4.6 Dissolution of Mwavumbo Group Ranch & Registration of Land to Individual Members Mwavumbo Group Ranch is within the Mwavumbo Registration Section (registration section as defined by the Land Registration Act). Although the Ranch has many members, it is already registered under one Title Deed, Kwale/Mwavumbo/1. The Group Ranch membership register is in the custody of the Kwale Adjudication Office (County Land Management Co-ordinator), Ministry of Land and Physical Planning (MoLPP). Dissolution of the Ranch involves the surveying and subdivision of the entire land in the Ranch and issuing individual title deeds to each of the member and hence closing/cancelling the original title deed as done in all other registration sections in Kenya when similar subdivision of registered land happens. One of the documents that are submitted to the MoLPP so as to register a land subdivision is a MUTATION FORM that is signed by a registered private surveyor who has undertaken the subdivision. Kwale County Government (KCG) has supported the members of the Ranch to subdivide the Ranch by hiring for them the registered private Surveyor. This assistance was partly motivated by the KCG support for the Mwache Dam project and partly by their desire that MoWSI and NLC compensates individual PAPs in the Mwavumbo Ranch area affected by Mwache Dam and not the Ranch Management Committee. It is in the best interest of the KCG that the entire Ranch is subdivided and the land registered to the individual members of the Ranch as a better way of managing land resources within the County. During one of the consultation meetings held with the MoLPP and KCG officers, it was reported that there are ongoing efforts of subdividing other Ranches in Kwale besides Mwavumbo Group Ranch. The individually registered title holders would then benefit from the ability to manage their land affairs and related benefits of single title holding as opposed to being controlled and managed by Ranch Management Committees. For entire Mwache Dam, the KCG reported that 650 parcels had been subdivided in the entire area that is to be acquired for Mwache Dam Project within the Ranch and data submitted to the MoLPP. However, Green Cards could not be opened at the Land Registry nor land official searches conducted for these parcels. This will be possible when the entire Ranch is subdivided and individual parcels fully registered and title deeds issued to the members by the Kwale Land Registrar. However, the Ranch members who have officially been allocated the subdivided parcels and who are in the process of full registration will be confirmed by the Land Registrar against the available land registration data. The land subdivision and registration data has been submitted by the private Surveyor and processed through the various MoLPP departments and is currently domiciled at the Land Registrar who shared a copy with relevant stakeholders. However, full land registration which include opening of green cards at the registry and issuing of title deeds could not be achieved until all the subdivision work of the entire Ranch for the remaining/ approximately 10,000 parcels in the larger Mwavumbo Group Ranch is completed. When completed, the Title Deed LR. No. Kwale/ Mwavumbo /1 will be dissolved/ closed by the creation of new LR Numbers and Title Deeds for the newly created parcels. Kwale County Government is continuing the support to the Ranch members in the ongoing sub-division of the remaining parcels. 38 This process is ongoing with its timelines for completing the task dependent on the available resources and capacity within the Kwale based MoLPP and KCG survey departments. 4.7 The Kenya Roads Act, 2007 (Revised 2012) An Act of Parliament that provides for the establishment of the Kenya National Highways Authority, the Kenya Urban Roads Authority and the Kenya Rural Roads Authority with clear and separated mandates. Part II of the Act establishes the various Roads Authorities in Kenya and outlines their functions. Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads. Already public meetings were held during public consultations and notifications to this effect issued. Section 23 of the Act outlines procedures for acquisition of land for the purpose of the Authority’s development while Section 24 (1) allows any authorized employee of an Authority to enter upon any land and survey such land or any portion thereof for the purposes of the Authority’s development activities. Section 24 (2) provides that where any damage to land is caused by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefore in accordance with this Act. Section 49 gives provision for the responsible authority to give written permission to erect, construct, lay, make structural alteration or additions to a structure on the surface of a road or road reserve or land in a building restriction area. It also gives the authority permission to give or refuse to give such permissions. Section 49(6) states that “a person who co contravenes any of the provisions of subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding one year or to a fine not exceeding one hundred thousand shillings, or to both.” By undertaking this project, MoWSI is exercising his mandate and, therefore, has the mandate and duties to construct, upgrade, rehabilitate and maintain roads under its control while observing all the requisite environmental standards and legislation. 39 4.8 The Traffic Act, Cap 403 The Traffic Act consolidates the law relating to traffic on all public roads. The Act prohibits encroachment on and damage to roads including land reserved for roads. Any vegetation grown to protect the road edges should not cause problems during maintenance. The Act also spells out conditions for use of roads by motorists, among others. 4.8.1 Integrated National Transport Policy,2009, Sessional Paper 2012 This policy aims to enable the transport sector to effectively play its role in economic development and sustainable growth. It identifies the challenges inhibiting the transport sector from performing its role in national, regional and international economies and also aims to develop an efficient, cost effective, safe, secure and integrated transport system that links the policy with other sectoral policies, in order to achieve national and international development objectives in a socially, economically and environmentally sustainable manner. Section 73 on strategic objectives of non-motorized and intermediate means of transport states that the government should incorporate Non – Motorized and Intermediate Means of Transport (NMIMTs) in the national transport policy as part of the government’s strategy for wealth creation and poverty reduction. Further, NMIMTs are expected to complement and enhance the impact of motorized and other modes of transport thus developing an integrated and seamless transport network at various levels of affordability. 4.8.2 Kenya Roads Board Strengthening the institutional framework is one of the strategies the government of Kenya (GoK) has adopted to improve the road network in Kenya. The Roads Maintenance Levy Fund manages the roads in repair and rehabilitation. 4.8.3 Kenya National Highways Authority This is an autonomous road agency, responsible for the management, development, rehabilitation and maintenance of international trunk roads linking centres of international importance and crossing international boundaries or terminating at international ports (Class A road), national trunk roads linking internationally important centres (Class B roads), and primarily roads linking provincially important centres to each other or two higher-class roads (Class C roads). The authority shall be charged with the responsibility of ensuring that the contractor implements the laid out environmental procedures to prevent deterioration of the environment 40 4.9 Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities No. 56 of 2012 The Act defines Internally Displaced Persons as a person or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, large scale development projects, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. Article 12(1), authorizes the formation of a national Consultative Coordination Committee for internally displaced persons that can deal with matters that arise out of displacement and relocation. While article 22(1-5) explains the procedures for displacement induced by development projects, which should take into considerations the following: Seek the free consent and informed consent of the affected persons; Hold public hearings on the project planning Give justification for displacement and demonstrate that the displacement is unavoidable and no feasible alternative exist Give reasonable time to the persons affected to review the decision and challenge it if need be the displacement to be carried out in a manner that is respectful of the human rights of those affected, taking in particular into account the protection of community land and the special needs of women, children and persons with special needs The process to incorporate information for those affected and their effective participation, including by women, in planning, management of the displaced, and in defining suitable durable solutions; Provisions of safe, adequate and habitable sites and to the greatest practicable extent, of proper accommodation; and Creation of satisfactory conditions of safety, nutrition, health and hygiene and the protection of family unity. Ensure the presence of government official when the displacement and relocation is being done and the monitoring by the independent body. The Mwache roads project triggers this Act. The Proponent is complying with the requirements of this Act by carrying out this RAP Study to assess project impacts where feasible and minimize involuntary resettlement. The potential economic and social impacts of the project have been assessed and cost of compensation determined in this report. Project-affected persons, host communities and other stakeholders have been consulted. PAPs have been informed of their rights including prompt compensation of acquired way leave land at the current market value and compensation at full replacement cost for loss of assets attributable to the project; assistance during relocation, and transitional support and development assistance. 41 4.10 World Bank Operational Policy on Involuntary Resettlement The policy requires that a Resettlement Action Plan be developed for a project that would require resettlement of people. Throughout project implementation supervision of the implementation of the resettlement instrument is done to ensure that the requisite social, financial, legal, and technical experts are included in supervision missions. Supervision focuses on compliance with the legal instruments, including the Project Implementation Plan and the resettlement instrument. The World Bank OP 4.12 includes safeguards to address and mitigate impoverishment risks arising from involuntary resettlement. For the purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. The Bank’s experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to negative socio-cultural and economic impacts on the resettled people. For this reason, the overall objectives on WB’s policy on involuntary resettlement are: • Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; • Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • During the RAP study, the policy guides the following: • Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; • Borrower needs to inform potentially displaced persons at an early stage about the resettlement aspects of the project and take their views into account in project design; • Displaced persons and their communities, and any host communities receiving them, should be provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Relevance This RAP report has been prepared in accordance with World Bank’s OP. 4.12 in view of the fact that there exist certain gaps between the OP. 4.12 and related Kenya laws on land compulsory land acquisition. These gaps are highlighted in detail in Table 3 and include actions for addressing these gaps, which primarily include using OP. 4.12 policies in cases where the Kenyan statutes are inadequate. 42 4.11 World Bank Indigenous Peoples Policy OP. 4.10 This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous Peoples, the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and inter-generationally inclusive. The Bank recognizes that the identities and cultures of Indigenous Peoples are inextricably linked to the lands on which they live and the natural resources on which they depend. These distinct circumstances expose Indigenous Peoples to different types of risks and levels of impacts from development projects, including loss of identity, culture, and customary livelihoods, as well as exposure to disease. Gender and intergenerational issues among Indigenous Peoples also are complex. As social groups with identities that are often distinct from dominant groups in their national societies, Indigenous Peoples are frequently among the most marginalized and vulnerable segments of the population. As a result, their economic, social, and legal status often limits their capacity to defend their interests in and rights to lands, territories, and other productive resources, and/or restricts their ability to participate in and benefit from development. At the same time, the Bank recognizes that Indigenous Peoples play a vital role in sustainable development and that their rights are increasingly being addressed under both domestic and international law. Relevance Members of the Duruma community who dominate the Mwache dam Project area are considered a vulnerable and marginalized group under the World Bank Indigenous Peoples Policy OP.4.10. A Vulnerable and Marginalized Groups Plan (VMGP) for Mwache Dam was prepared by KWSCRP, reviewed, and approved by the World Bank and subsequently disclosed in 2014. The applicable elements of the VMGP including the need to achieve broad community support for the project has been used in the development of this RAP including use of culturally appropriate consultation methods, ensuring the Indigenous People derive benefits from the project while giving special attention to the concerns of the women as required in the OP. 4.10. 43 Since it is not feasible to avoid relocation in this project, KWSCRP in the development of this RAP obtained broad support for relocation of the affected Indigen ous Peoples’ communities as part of the free, prior, and informed consultation process including deliberate effort to ensure that this RAP in accordance with the requirements of OP 4.12, Involuntary Resettlement, that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. 4.12 Comparison of GoK Legal Framework and World Bank OP 4.12 And OP. 4.10 As shown in the description of the Kenyan Constitution and in the legislation and laws, generally, there has been a focus on the provision of privately defined land titles. In Kenya, only 15 percent of the national lands are titled. There are many other forms of landownership, lease, or use. The consistency of provisions in the draft Guidelines on Resettlement and Evictions (May 2010) with those of the World Bank’s Operational Policy 4.12 on Involuntary Resettlement (OP 4.12) and Operational Policy 4.10 on Indigenous Peoples shows that land and assets are defined in Kenya differently in terms of occupancy rights, anti-eviction rights, adverse possession, unregistered leases and rentals. OP 4.12 and OP. 4.10 requires that affected communities be consulted regarding project implementation and resettlement. Affected communities should also receive the opportunity to participate, implement, and monitor resettlement. OP. 4.10 specifically requires that where it is not feasible to avoid relocation as in the case of this project, the project must maintain broad community support for the relocation of the affected Indigenous Peoples’ communities as part of the free, prior, and informed consultation process including deliberate effort to ensure that the RAP is prepared in accordance with the requirements of OP 4.12, Involuntary Resettlement, that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. In Kenya, conventional land registration (or titling) systems tend to be highly centralized and rely heavily on professionals, who are mostly based in the country’s capital city. Poorer and illegal occupants of lands do not have access to these professionals and are often left without title. The differences in approach vary largely in the application of the land tax and land registration (cadastral). Since majority of land occupants are non-titled within a county or municipality, the land tax system does not work in terms of tax parcels, tax records, and tax procedures which often make the census-taking of project affected households (PAHs) as defined in the Bank’s OP 4.12 more orderly. This becomes problematic in squatter settlements or in protected forests where some evictions of vulnerable (indigenous) groups have allegedly taken place. Finally, there is also no provision in the laws of Kenya that the state should attempt to minimize involuntary resettlement however in this circumstance the World Bank guidelines on involuntary resettlement will supersede and hence apply in its entirety. 44 Table 3: Comparative Analysis of World Bank OP 4.12 and OP. 4.10 &GoK requirements including measures to address gaps OP 4.12 and OP. 4.10 Kenyan Legislation Comparison Gap Filling Measures Adopted Consultation: Displaced persons The Land Act outlines procedures for Same as World Bank Implement consultation should be meaningfully consulted consultation with affected population procedures as outlined in and should have opportunities to by the NLC and grievance both Kenyan legislation participate in planning and management procedures. and World Bank. implementing resettlement programs. Grievance: For physical Land Act 2012 clearly outline the steps Kenyan legislation resettlement, appropriate and and process for grievance redress that meets OP4.12 and OP. Project to establish accessible grievance mechanism includes alternative dispute resolution, 4.10 requirements. appropriate grievances will be established. re-negotiation with NLC and is backed redress mechanisms by the judicial system through Environmental and Land Court Eligibility Criteria The Land Act 2012 provides that Kenya’s Land Law Ensure ALL users written and unwritten official or defines eligibility as both (including illegal Defined as: customary land rights are recognized formal (legal) and squatters, laborers, rights (a) those who have formal legal as valid land right. The Law provides informal (customary) of access) of affected lands rights to land (including that people eligible for compensation owners of expropriated are included in the census customary and traditional rights are those holding land tenure rights land. survey or are paid recognized under the laws of the country); Land Act also recognizes those who However, it does not (b) those who do not have formal have interest or some claim in the land specifically recognize all legal rights to land at the time the such pastoralist or who use the land for users of the land to be census begins but have a claim to their livelihood. compensated. such land or assets—provided that such claims are recognized under 45 OP 4.12 and OP. 4.10 Kenyan Legislation Comparison Gap Filling Measures Adopted the laws of the country or become The Constitution recognizes The Constitution of recognized through a process ‘occupants of land even if they do not Kenya on the other hand identified in the resettlement plan have titles’ and payment made in good recognizes ‘occupants of faith to those occupants of land. land’ who do not have However, this does not include those title and who the state Implement cut-off who illegally acquired land has an obligation to pay procedures as outlined in (c) those who have no in good faith when the RPF and Kenyan Law recognizable legal right or claim compulsory acquisition to the land they are occupying is made. To determine eligibility: Land Act 2012 provides for census through NLC inspection and valuation Carry out resettlement census. Same as World Bank process Cutoff date for eligibility is the day when the census begins. Measures: Preference should be Legislation provides for land for land Land for Land provided Ensure ALL users given to land-based resettlement compensation but the Land Act 2012 for in the Land Act based (including illegal strategies for displaced persons does not state whether preference on agreement by the squatters, laborers, rights whose livelihoods are land-based. should be granted to land to land PAP. of access) of affected lands compensation. are included in the census Cash based compensation should Cash based survey or are paid only be made where (a) land taken Land Act 2012 appears to prefer mode compensation seems to for the project is a small fraction of compensation by the Government to be the preferred mode of of the affected asset and the the affected population. awarding compensation (b) If the impacts include residual is economically viable; to the affected physical relocation include (b) active markets for lost assets population by measures to ensure that the exist and there is sufficient supply Government of Kenya displaced persons are of land and housing; or (c) livelihoods are not land-based. (i) provided assistance (such 46 OP 4.12 and OP. 4.10 Kenyan Legislation Comparison Gap Filling Measures Adopted as moving allowances) during World Bank OP4.12 and OP. 4.10 Land Act talks of prompt, just relocation; and requires that displaced persons are compensation before the acquisition of provided with prompt and land. However, interpretation of just (ii) provided with residential effective compensation at full compensation is yet to be clearly ‘Just compensation’ as housing, or housing sites, or, replacement cost for losses of outlined through a specific schedule stipulated in the Land as required, agricultural sites assets attributable directly to the defining just compensation have not Act not yet specifically for which a project. If physical relocation is an been put in place. defined. combination of productive impact, displaced persons must be potential, locational provided with assistance during advantages, and other factors relocation and residential housing, Attorney’s fees, cost of obtaining is at least equivalent to housing sites and/or agricultural advice or cost incurred in preparing sites to at least equivalent and making written claim not in the the advantages of the old site. standards as the previous site. Land Act other than ‘just OP 4.12 and OP. 4.10 provides related land (c) Ensure that displaced Replacement cost does not take compensation’ transaction fees. persons are depreciation into account. In terms of valuing assets, if the residual of (i) offered support after the asset being taken is not displacement, for a transition Land Act not clear on period, based on a reasonable economically viable, The Act is does not out rightly stipulate this. estimate of the compensation and assistance must assistance for relocation but we can be provided as if the entire asset interpret that relocation cost will be time likely to be needed to had been taken. included in just compensation. OP4.12 and OP. 4.10 restore their livelihood and Compensation and other requires that standards of living; and assistance required for relocation displacement must not (ii) provided with should be determined prior to occur before all development assistance in displacement, and preparation and necessary measures for addition to compensation provision of resettlement sites resettlement are in place, measures i.e., measures over and 47 OP 4.12 and OP. 4.10 Kenyan Legislation Comparison Gap Filling Measures Adopted with adequate facilities, where above simple (iii) such as land preparation, required compensation credit facilities, training, or job opportunities. Implement prompt and effective compensation at full replacement cost for the losses of the assets. Ensure that ALL resettlement options are agreed on with PAHs and put in place BEFORE displacement of affected persons. Valuation: With regard to land Valuation is covered by the Land Act Though one could argue Apply the World Bank and structures, “replacement cost” 2012 and stipulates, as already that there is some form OP4.12 valuation is defined as follows: mentioned, that the affected person of consistency between measures, as outlined in receive just compensation from NLC, the Kenyan Law and Section 6, in order to fully as determined by National Land World Bank OP.4.12, value all affected assets in For agricultural land, it is the pre- Commission. Valuers Act stipulates and OP. 4.10 a consistent manner. project or pre-displacement, that a residual amount of 0.5% of the interpretation of ‘just whichever is higher, market value total valuation of an asset is expected compensation’ has not of land of equal productive to pay the valuer. been defined. Apply World Bank potential or use located in the OP4.12 on valuation and Land Act 2012 talks of just vicinity of the affected land, plus compensation measures. compensation for the lost assets but it the cost of preparing the land to Interpretation of just is not specific of the exact amount or levels similar to those of the compensation not clear procedures on the same. 48 OP 4.12 and OP. 4.10 Kenyan Legislation Comparison Gap Filling Measures Adopted affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials The Land Act 2012 stipulates just Apply World Bank to build a replacement structure compensation. OP4.12 and OP. 4.10 on with an area and quality similar to valuation and or better than those of the affected compensation procedures. structure, or to repair a partially Interpretation of just affected structure, plus the cost of compensation not clear. 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. Monitor According to Land Act can be Both Kenyan Law and Implement as prescribed in undertaken County Land Boards. World Bank policy the World Bank OP4.12, Adequate monitoring and advocates for OP. 4.10 and Kenyan Law. evaluation of activities to be Monitoring and undertaken. Evaluation 49 5 PAP AND STAKEHOLDER PARTICPATION AND CONSULTATIONS 5.1 PAPs and Stakeholders Meetings held Effective resettlement action planning requires regular and thorough consultation with PAPs and a wide range of project stakeholders drawn from the affected area. This wide consultation is intended to include individuals and groups who will be affected by the project. The PAPs and stakeholders’ consultations are extremely important for successful preparation and implementation of the RAP. The stakeholder and PAPs consultations which included the disclosure of the roads’ designs and wayleave widths were conducted between the 9thJanuary and 26th February 2022. The consultations with PAPs were conducted in public barazas while consultation with other key stakeholders were conducted in their offices through Key Informant Interviews. The attendance register is provided in Annex V and Minutes provided in Annex IV. The above consultations and engagements will continue and be enhanced into the RAP 3 implementation stage. Due to the spread of the road project (RAP 3 areas) across the RAP 1 and RAP 2 areas and the close proximate of a fully functional RAP 1 Implementation Consultant Office located at the heart of the project area, the PAPs under the RAP 3 are currently and continuously being updated as part of the project area community members. There is scheduled project level community meetings/ barazas that are held monthly at various venues across the entire Mwache dam project area with the sole aim of updating the community on project activities and future plans and to receive and respond to the community feedback and concerns. The monthly community Barazas are in addition to other smaller and ad hock meetings held with various other categories of PAPs and the GRC sessions that are scheduled and led by the RAP 1 RIC to revolve project and resettlement related disputes. Table 4: Consultation meetings in the project area Date Venue Female Male Total 15/2/2022 Vikinduni Chief’s office 44 52 96 16/2/2022 Mnyezeni Chief’s office 38 62 100 18/2/2022 Miyani Chief’s office 24 36 60 23/2/2022 Chigato Chief’s office 34 55 89 23/2/2022 Makutano Chief’s office 19 29 48 23/2/2022 Mwashanga Chief’s office 16 3 19 24/2/2022 Kasemeni Frontman office compound 89 233 322 25/2/2022 Pemba market center 28 46 74 Total 292 516 808 Table 5: Key stakeholders Consultation meetings Dates Name of Venue No. of Participants stakeholders 9 Jan 2022 CDA CDA office boardroom 12 10 Jan 2022 WRM WRM-Coast office boardroom 4 50 Dates Name of Venue No. of Participants stakeholders 10 Jan 2022 Frontman Ltd Frontman office boardroom 8 15 Feb 2022 MCA Hon. Anthony N. Frontman office Kasemeni, 5 24 Feb 2022. Yama DCC DCC-Kinango Sub-County 4 office 18Feb 2022 Mwavumbo Group Makutano Center Makut 5 Ranch Committee 25Feb 2022 ACC ACC-Kasemeni office 3 Total 42 Table 6: Summary of Concerns raised by PAPs and Stakeholder during the various consultation meetings. # Issues Questions raised by the PAPs Response /Feedback 1. Absentee land What happens to National Land Commission (NLC) shall deposit owners PAPs who were not compensation funds for absentee landowners in available for RAP interest bearing escrow accounts. The RAP census and during implementation team and the local administration compensation through the office of the Chief shall embark on periods? tracing the absentee land owners during RAP implementation. Once traced the PAPs will be taken through all the requisite processes to ensure they receive their compensation. For those who will not be traced, their compensation money will stay in the escrow accounts. 2. Graves within the Shall there be any The Community’s Culture is highly respected by road corridor. compensation for the project. The graves and shrines affected by the graves and shrine Roads will be compensated. Upon compensation which would be the community members have the mandate to affected by the ensure the graves and shrines are relocated as per roads? their traditions and heritage. 3. Succession cases How would the The project will facilitate the process of majority of the succession. The project has a Succession lawyer PAPs who do not who has been handling all the project related have the titles for succession cases. The same lawyer will handle the the parcels which cases in this RAP and ensure the PAPs receive they inherited from grant and letters of administration that will enable their deceased them to receive payment from NLC for the parents be inherited parcels of Land. However, the PAPs compensated yet were informed that such families will have to the process of appoint an administrator who shall be paid land succession has not compensation on their behalf. The administrators are expected to share the compensation money 51 # Issues Questions raised by the PAPs Response /Feedback been concluded or with other members of the family based on the commenced? sharing of proceeds agreement that will be signed by the family members. 4. Compensation of How would crops, All lands, assets and trees affected by the Mwache assets, trees and trees and other roads project would be compensated. The short- crops assets be term crops like maize, beans are not compensated compensated? for and the owners shall be given time to harvest their crops. Since the RAP process started and Cut-off dates established, Mwache PAPs have been continuously informed and reminded that they are allowed to continue planting and harvesting seasonal/ annual crops on land earmarked for acquisition but they are only allowed to freely continue harvesting and utilizing the produce from the existing perennial crops as they await to be compensated. They are also informed that any newly planted perennial crops would not be inventoried during inspection phase and compensated by NLC. This enables the PAPs to continue benefiting from continued cultivation and harvesting of crops on land earmarked for acquisition in case of delays in compensation and resettlement process while discouraging opportunistic encroachment on such land. When the land is compensated, the PAPs are not allowed to plant any other crop including the annual crops but instead, they are expected to vacate the compensated land and allowed/ given sufficient time to harvest any crops as they salvage any other valuable assets on the compensated land. 5. Trees of cultural Would such trees The project will try in all ways possible to and medicinal be spared since minimize impact on sacred trees and locations. importance they play a vital However, in instances where this is not feasible role in the i.e. In cases where the trees cannot be avoided community? They then cultural appropriate compensation measures provide medicine shall be considered during RAP implementation. and are used for The roads design will be disclosed to the sacred functions? community. If there will be sacred indigenous trees and medicinal trees that will be affected discussions between the project and the community will take place on how to best proceed so that both the interest of the project and the community are protected. 52 # Issues Questions raised by the PAPs Response /Feedback 6. Parcels affected by Would there be a All parcels of lands which were affected by the the dam and the second payment for Mwache dam will be compensated, if not already road parcels affected by compensated. For those parcels not compensated both roads and the i.e due to grievances and disputes, the money has dam? been put in escrow and the parcels will be compensated once the grievances have been resolved. Once compensated, the PAPs relocate and having been served with a notice of taking possession the land is vested to the government and now belongs to the government of Kenya. PAPs will not be compensated on land already compensated. The parcels of land affected by the Roads and not on the existing road reserve will be compensated. There would no double compensation. 7. Compensation for Can the project The area chief responded and informed the projects previously compensate the community that the said projects were done by undertaken by PAPs for their land County government of Kwale. These past projects other government which was taken were meant to open access roads in the agencies within the during the community and the plans had been done a long project area construction of old time ago. The parcels where the access roads were roads and they to be had been grabbed by the community as these were never were government lands. The community will compensated? therefore not be compensated by NLC under Mwache roads project for such parcels. However, he informed the community that the Mwache dam access roads project is different from the County Government Road project and incase anyone’s land, trees, structures and crops to be affected by the Mwache access roads, they will be compensated. 8. Compensation of Shall the All houses which would be affected by the unfinished houses unfinished houses Mwache dam access roads must be compensated be compensated for for. Each house would have its own value so even in case they would the unfinished houses would be compensated with be affected by the its own value depending on the completion stage road? it will be at when NLC carries out actual asset inspection for the purposes of compensation. 9. Pending Some community All lands affected by the Mwache dam and compensation for members have not Mwache dam access roads will be compensated. the dam area been compensated Currently the compensation process for the for their land priority dam areas is ongoing and all the affected within Mwache persons will be compensated. The government is dam area. Now at currently compensating for Priority 1 and 2 53 # Issues Questions raised by the PAPs Response /Feedback the new relocation parcels. Those who have not been compensated in area it seems their all the dam priority areas and dam access roads are land too would be scheduled to be compensated fully. In case the affected by the PAPs affected by the Main Dam activities still Mwache access have compensation grievances, they were advised roads. Would the to visit the Front man and government offices for community more information. members be compensated both of dam area and roads? 10. Compensation for How will disputed For all parcels, assets, graves with disputes, the Assets with dispute assets including disputes must be resolved for compensation to be graves be made. National Land Commission (NLC) shall compensated? deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. The RAP implementation team and the local administration through the office of the Chief shall work towards settling disputes during RAP implementation. The PAPs are advised to strive to resolve land disputes using local/ existing dispute resolution mechanism before the census and asset inventory exercise. Further, the RAP has provisions for dispute resolution through the Grievance Redress and Resettlement Committee (GRRC) to resolve grievances. 11. Rate of The current amount The Ksh50,000 compensation per grave is a Compensation for for graves and standard rate set and used by NLC and its only graves and Shrines shrines is set at them who have the mandate to change this figure. 50k, could this As for the shrines, different amounts are paid to amount be individual shrine owners or those owned by the increased to 150k? community, subject to justification of the claims made by the shrine owners and confirmation by the project. 12. Impacts of dusts on Would the There is no compensation due to dust during houses bordering community construction period but mitigation measures the road but not on members be would be put in place to ensure the impacts are the Right of Way compensated for mitigated like sprinkling water on the dusty roads. ROW the impacts of An ESIA has also been done alongside the RAP dust? and will be disclosed once approved. 54 # Issues Questions raised by the PAPs Response /Feedback 13. Compensation for If one had leased In such case, the owner of the land would be developments on land and planted compensated for the land and the one who leased leased land trees would he/she and planted trees would be compensated for trees be compensated? in that land. So, they will be two separate compensation packages; for the land and trees in that land. 14. Requirements for What are the NLC will require the following documents from a compensation conditions to be PAP in order to effect payments: met before Copy of ID compensation is paid by NLC? Copy of bank account details Copy of title deed/ Search Letter of administration Copy of KRA pin The project will assist the PAPs in compiling these documents. Some PAPs have lost their IDs and they were informed to get a replacement before the compensation process begins. 15. The design of the Will Mwache dam The Road design will be disclosed to the PAPs roads access roads follow before the RAP census begins. The current design the county of consists of existing roads that will be upgraded Kwale roads or and new roads that will be made. In case there will new roads will be be a change in design, the community will be established? informed and sensitized on the same. 16. Compensation for Would PAPs The Ministry of Water through the Ministry of PAPs without title without title deeds Land will ensure that the affected PAPs have the deeds be compensated? required land documents for them to be compensated by NLC. For those who don’t have titles, because the areas are still adjudication sections, the project will get the adjudication documents from County Lands Office, and facilitate payment of the PAPs with the documents. For those who have misplaced their title deeds, the project will facilitate processing of green cards and searches to facilitate payments by NLC. 17. Compensation for Will beneficiary During the assets inventory process, those who beneficiary PAPs PAPs be have developments on the affected land would be on land belonging compensated for recorded separately as claimants having interests to their parents developments on on land belonging to their parents. The law land belonging to provided for separate compensation for owners of their parents? developments on other persons land as they have 55 # Issues Questions raised by the PAPs Response /Feedback rightful claim to developments such affected land parcels. 18. Loss of income Would the youths Loss of income due to the actual dam construction from mining involved in activities have been/are being addressed. Upon sites(quarries/sand) quarrying on the confirmation and verification of the livelihood once the dam is river bed for activities by NLC the PAPs affected will be impounded. building stone compensated. All businesses and livelihood blocks and sand activities affected by the project will be recorded, harvesting be verified and confirmed by NLC before compensated for compensation is done loss of livelihoods once the river is impounded 19. Size of the What would be the The designs will be disclosed to the community. Mwache roads and size of the Mwache This information will entail, size of the road in expected start date dam access roads? terms of length and width and location of the road. of the project And when will the In regards to the timelines of the project, the project start and community was informed that conducting the when will they RAP was the 1st process in preparation of the receive their information that is needed to compensate them. compensation Once the RAP is approved, it will be disclosed and the NLC processes can officially begin to enable the PAPs get compensated. 20. Employment of the Would the local All the available Jobs would be advertised local youths during youth be employed publicly. As it is a Custom for most government construction of the during the projects preference would be given to the local roads construction of the people subject to the skill level requirement and Mwache dam availability of such skills in the project area. access roads? 21. Compensation for Would the project All lands, graves and social facilities which would cultural heritages compensate for the be affected by the Mwache dam access roads will expenses incurred be compensated. Currently the compensation in the relocation of money set for the graves and shrines relocation cultural sites and process include all expenses to relocate the graves social facilities that and shrines. would be affected by the Mwache dam road access project? 56 # Issues Questions raised by the PAPs Response /Feedback 22. Benefit sharing How would the The Ministry of Water Sanitation and Irrigation, from the dam project empower through National Construction Authority the youth in the organized training for the youth on a number of area on how to skills i.e masonry, electrical, plumbing etc. The benefit from the main objective of these trainings was to empower intended benefits the youth with skill that might be required during of the dam once the construction of the main dam. This will ensure completed. that the youth are empowered and equipped with the necessary skills to assist the youth get jobs during construction of the Dam. The youth can also use the same skills to empower their lives and engage in income earning activities even after completion of the construction activities. The youth constitute the pool for construction labor force. During the construction, they would acquire skills that would help them to diversity their employment opportunities. Once the dam is operational, they would be able to engage in farming activities for high value crops. There would also be opportunities in the fishing activities and there would also be opportunities in recreation and tourism where the youth were best suited. 23. Gender based How would The project has a mandate to ensure that the violence and fairness will be families affected by the project are not left vulnerable and ensured in the destitute as a result of the project activities. As has marginalized PAPs distribution of been done in the P1 & P2 areas under RAP 1 compensation for where the PAPs have already been compensated women PAPs and resettled, the families were advised to open whose spouses own joint accounts and the process of accessing and the land and might using the compensation money (with the full & receive the informed participation of all person of interest in compensation and the affected assets) was supervised and monitored misuse the funds closely by the RAP Implementation Consultant. leaving the families This ensured that the concern PAPs were all destitute? informed, advised and monitored in the diligent use of compensation money and this greatly minimized misuse of compensation money by any party. The same methodology will be used in the resettlement activities under the Mwache roads project. In addition to this the PAPs are equally required to develop Individual Livelihood restoration Plans before being compensated by NLC. These criteria have been also greatly 57 # Issues Questions raised by the PAPs Response /Feedback minimized the risk of misuse of compensation funds 24. Compensation for Would PAPs who Those who have rented shops and other business business owners have rented shops which would be affected by Mwache dam access operating in rented for business be roads will be compensated since their livelihoods premises compensated? must be restored. They will be paid compensation for loss of business income equivalent to three months of their current income. 25. Compensations for Who will be For the lands bought, the current title PAPs who bought compensated in holder/owner won’t be compensated but the land but have not cases where PAPs buyers who are the actual owners through transferred to their bought land but exchange of consideration. In case the owner has names transfer process has not given the buyer or transferred land to the not started or is buyer, then the owner will be required to sign an incomplete? agreement that states that the buyer of the land is to receive compensation for the land affected by the project. This agreement will be drafted by the projects lawyer and signed by the PAP and the owner of the land and submitted to NLC with all the other documents to facilitate payment to the buyer. However, if the owner of the land refuses to sign the land would be termed as disputed land and NLC have mechanism on how to handle such kind of lands before compensation. The project GRM provided in Chapter 9 of this RAP will also be used and there must be proof of the purchase by the buyer/claimant during the GRM process. 26. Determination of How would the rate The project has employed valuation experts under Rate of of compensation be the RAP Consultant who are registered by the compensation determined? Valuation Board to undertake valuation of every affected asset including land, structures, trees and crops, cultural and communal/public assets for the purpose of the RAP. The initial valuation is for the purpose of budgeting for the RAP implementation. The computation of valuation amounts that will be used to pay actual compensation will be done by NLC as per the provisions of the Land Act. The unit prices for each category of affected assets will be determined by NLC during the actual valuation of affected assets for compensation purposes that will be carried out at the early stages of RAP implementation. The determination of the rates 58 # Issues Questions raised by the PAPs Response /Feedback will be guided by prevailing market prices which will then be adjusted to include expected disturbance costs that would be met by the PAPs and is estimated at 15% and paid to the PAPs; up and above the market rate and is aimed at achieving full replacement cost. As outlined in the Entitlement Matrix, there are other transactional costs which are directly borne by the project such as the transport services for PAPs during relocation process and the cost of conveyancing of the acquire land which cumulatively help in eventual achievement of Full Replacement Cost. 59 6 BASELINE AND SOCIO-ECONOMIC PROFILE OF PAPS A socio-economic survey was carried to collect quantitative and qualitative socio- economic data on affected households including household demographics, education and skills, livelihoods, health and nutrition, basic services and community facilities, as well as culture and heritage. The data forms the basis of a better understanding of the structure and make-up of affected households, their livelihoods practices adopted to secure household food needs and income; as well as providing a baseline for evaluating the success of livelihood restoration support. The socio-economic survey was conducted using a sample size of 200 PAH Heads. 6.1 Position and Size of Kwale County Kwale County is one of the six Counties in the coastal region. It borders Taita Taveta County to the North West, Kilifi County to the North East, Taita Taveta and Kilifi to the North, Mombasa County and Indian Ocean to the East and United Republic of Tanzania to the South. The County is located in the South eastern corner of Kenya, lying between Latitudes 30 3‘and 40 45‘South and Longitudes 380 31‘and 390 31‘East. 6.2 Administrative and Political Units Kwale County is divided into four administrative Sub-counties namely Matuga, Kinango, Samburu and Msambweni. The entire Mwache Dam project was initially located in Kinango Sub-County but is currently located in both Kinango and Samburu Sub Counties. Samburu Sub-County was created in 2022 and hence some sections of the project which were previously in Kinango Sub-County are now within Samburu Sub- County. 6.3 Demographics of the project area The population of Kinango Sub County, Mwatate and Kasemeni locations are predominantly rural in character and the main economic activity of the area is subsistence farming. According to the 2019, Population Census (KNBS) Kinango Sub County had a population of 94,220 comprising of 45,413 males and 48,806 females. This population comprised of 16,041 households. 6.4 Population Size and Composition Kinango Sub-County is sparsely populated with a population density of 58 people per Km2 as per 2019 population and housing census. The area is classified as rangeland and is less productive agriculturally but has potential for ranching and general livestock or wildlife husbandry. According to this most recent census, the County has a total population of 94,220 people with a poverty index of 84.5%. Most of Kinango land mass is semi-arid. Of this population 48% are male with the rest being female. Life expectancy is 51.2 years with fertility rate around 5.7 live births per woman. The population is generally youthful putting pressure on the available educational, health and other social facilities. 60 6.5 Demographics in Project Affected Households As was established during the 100% RAP census and socio-economic study, the total population of the Project Affected Households (PAHs) is 267. These households will be economically and physically displacement during the RAP implementation phase. The socioeconomic interviews were conducted at the household level and there was only one respondent per affected household with priority given to the household head to be interviewed in person unless he/she requested for assistance from a family representative in responding to the interview questions. Only one member of an affected household was interviewed i.e., there was only one respondent per affected household. The PAH Head was always the subject of the socioeconomic survey even when the PAH head did not participate directly and respond to the survey questions in person. 6.5.1 Age distribution From the survey the age distribution of the PAH Heads is as follow: 14 % (0-5yrs), 35 % (6-18yrs), 29 % (19-35yrs), 12% (36-49yrs), 8% (50-65yrs) 2 % (65 yrs and above). The majority of the PAH Heads are aged 65years and below. The age distribution is shown in figure 12. HOUSEHOLD HEAD BY AGE GROUP 50 - 65 YrsOver 65 Yrs 0 - 5 Yrs 8% 2% 14% 36 - 49 Yrs 12% 6- 18 Yrs 35% 19 - 35 Yrs 29% Figure 12: Age distribution (Source- PAH Heads) 6.5.2 Gender Distribution of the PAH Heads It was noted that 53 % of the PAH Heads were female. These include widows who form the lager group in this category of female household heads while the others are separated or single women. In the RAP widows fall under the category of vulnerable groups so that they are not disinherited during compensation. During discussions with opinion leaders and FGDs in the project area the fate of widows in the compensation and resettlement was featured prominently. This is because widows often lose land to the late husband’s extended family who claim land and other assets. The community members felt that special consideration be given to female household heads during land succession processes and compensation. The project will hire a succession lawyer who ensure that widows are supported to became estate administrators of their deceased husbands. Additionally, illiterate widows shall be supported go through compensation procedures. 61 Additional support for the widows is included in the entitlement matrix and shall be monitored during RAP implementation. The distribution is shown in figure 13. Household Head Gender Male 47% 53% Female Figure 13: Gender Distribution of Household Heads (Source- PAH Heads 6.5.3 Educational Level Majority (64%) of the PAH Heads have attained primary education. Only 19 % of the PAH Heads are illiterate. Education is essential in empowering people to take advantage of opportunities. During the community introductory meetings what came out clearly is that they have capacity to interrogate information given to them. It is assumed that the educated can effectively articulate their issues and understand information passed on to them, they can participate in socio economic development initiatives. 6.5.4 Occupation The main source of income for most (40 %) of the PAH Heads is subsistence farming. However, these are subsistence farmers’ using rudimentary methods of farming only to face various challenges in crop production even as they rely on low and unreliable rainfall, and as inferred in the FGDS, certified seeds, fertilizer and farm inputs are hardly used. Only 5 % of the PAH Heads are in formal employment. Other income sources include livestock farming (29%), business (25%), informal employment 1% and Domestic worker 1%. Main businesses include; jua kali shops, bodaboda, groceries, Mpesa and retail shops. Goats are the main type of livestock found in the project area. Other livestock include cattle and sheep. Majority of the PAH Heads are involved in maize farming. Other crops mentioned by the PAH Heads and are planted within the project area include; cassava mangoes, coconut and cashew nuts. The distribution is shown in figure 14. 62 Figure 14: Occupation (Source- PAH Heads) 6.5.5 Household Incomes The survey shows that majority (55%) of the PAH Heads have income of less than Kshs. 15,000 per month. This is drawn mainly from crop farming. Poverty level in the project area is considered to be equivalent to that of Kwale County, which is around 41.1% (World data Atlas 2016) and higher than the national average of 34 per cent, hence considered as above average. The causes of poverty in these areas are diverse and include poor soil fertility leading to low farm yields, low income among households to afford farm inputs, over-reliance on traditional methods of farming and lack of alternative sources of income. Income sources include subsistence farming, livestock, formal and informal employment, business, remittances, pensions, etc. There exists food insecurity at the household level as farmers are unable to produce enough under rain-fed conditions due to the unpredictable weather patterns and from the interviews most household expenses are high on food as the harvest is not adequate to meet household food security needs. Successful irrigated farming will increase food production. The distribution is shown in figure 15. 63 Figure 15: Household Incomes (Source- PAH Heads) 6.5.6 Energy The project area is covered under the rural electrification project of the Ministry of Energy whose main priority is accelerate connection of power for domestic needs with special priority to schools and health facilities. The high voltage line supplying power on the national grid to Kinango and Kwale traverses the project area. Some of the homesteads that were covered in the household survey and especially the business premises were connected to power mains. Majority of the local population rely on firewood and charcoal as source of energy for cooking and heating at home. Some families supplement their source of lighting and cooking with kerosene. Challenges to access energy include long distances to the sources for firewood and the escalating cost for kerosene and charcoal whose prices are beyond the income levels of most of the PAH Heads. A total of 94% of surveyed households use firewood, 2% use charcoal and 3% use LPG gas for cooking. The distribution is shown in figure 16. 64 Figure 16: Energy (Source- PAH Heads) 6.5.7 Water and Sanitation The local community depends on the water pools that are evident at the riverbeds of Mwache and Ngeyeni River for both domestic needs and watering their livestock. Some villages affected by the roads are several kilometers away from the two rivers and the locals are facing water scarcity challenges. However, there is a water pipeline that runs along the main Mazeras-Kinango road and a branch line to Bofu from Majengo junction. The local community depends on shallow wells where piped water has not been supplied. The area being predominantly rural with very scanty population distribution has limited prospects for trunk sewerage. Household water in the affected villages is obtained from various sources including; water pan (10%), private taps (20%), protected springs (24%), public taps (36%) while bore holes and shallow wells each accounted for 5%. The distribution is shown in figure 17. A total of 66% of the PAH Heads consider the water they use to be of fair quality while the remaining 34% consider the water to be of good quality. In terms of duration when households fetch water, it was established that 97% of PAH Heads fetch water every day. At the same time almost half (51%) of the PAH Heads felt that the water supply within the project area is adequate while 49 % indicated that they experience water shortages. The majority of the residents travel 1-2 km to get their water. 23% travel less than 0.2 kilometres and 7% travel up to a kilometre and 33% travel more than 2km. Considering that it is the poorest families that travel the longest distances, and that they have to do so every day or on alternate days, a lot of time and energy is spent just on water collection. Most of the water sources in the area is (58%) are owned by the public, NGO (28%), Private (9%) faith based organization (5%). Approximately 61% of PAH Heads said that they paid for water, and 39% said that they did not pay. 65 Figure 17: Water and Sanitation (Source- PAH Heads) 6.5.8 Health All the PAH Heads (100%) indicated that they visit health centres and hospitals when sick. At the same time 68% of PAH Heads said that they visit public hospitals, 6% visit private hospitals while 19% visit those owned by NGOs. Distances travelled to access medical facilities ranged from 1 to 5 kms. A total of 11% of the PAH Heads travelled less than a km, 58% travelled 1 to 3km, 6% travelled 3 – 5km and 25% travelled more than 5km. The distribution is shown in figure 18. 66 Common Diseases Malnutrition 1% Respiratory 2% infections Coughing 3% Cholera 7% Diarrhea 15% Eye problem 16% Malaria 55% Figure 18: Health (Source- PAH Heads) Awareness of Mwache Roads Project No 38% Yes 62% Figure 19: Awareness of the Mwache Roads Project (Source- PAH Heads) 6.5.9 Vulnerable Groups According to the census there were 2 female headed households (widows) who are considered vulnerable. Elderly, infirm or ill people might have limited access to project related information and benefits; unless they are considered with specific supportive measures included to cater for them. The total number of elderly persons was 5. Households headed by orphans (under the age of 18 years) are considered as vulnerable. They usually have no access to education due to family obligations. Hence, their capacity to benefit from training measures is limited as is their capacity to develop alternative 67 livelihoods. According to the results of the RAP census in the project-affected area, 4 of the documented households had orphans but no household was headed by an orphan. During RAP implementation, special attention will be given to the identification of orphan headed household, households headed by terminally sick persons, women headed and elderly headed households. Individual support measures for vulnerable people will be identified early in RAP implementation. The respective consultations will be undertaken under the lead of the RAP Implementation Consultant (RIC), through local resettlement committees. Table 7: Vulnerable PAPs Categories # Vulnerable PAPs Categories No. PAPs 1. Physically Challenged Persons 1 2. Elderly / aged 5 3. Chronically ill 6 4. Orphans 4 5. Widows 2 Total 18 6.5.10 Road network within the project area The Mwache roads project aims to upgrade the existing roads within the project area and also establish new roads in villages which are not covered by any road. During the rainy seasons, transport along the main Mazeras to Kinango road is interrupted when the Mwache River crossing is flooded. Other storms drain crossings are made of drifts that get flooded and make the vehicular river crossings unsable. Crossings at other points on Rivers Mwache and Mnyenzeni are disrupted during the rainy seasons and make it difficult for the people to access education, health and other services including their household shopping needs. The alternative is to travel longer distances to safe crossings or await the subsidence of the flooded rivers. 68 7 RESETTLEEMNT IMPACTS, ELIGIBILITY &VALUATION FOR RAP 3 7.1 Summary of Impacts and Risks in RAP 3 project areas The entire Mwache dam project area consists of a single ethnic group, the Duruma, which is part of the larger Mijikenda community. The Duruma are categorized as marginalized and vulnerable as a result of screening that was conducted in accordance with OP. 4.10. The Constitution of Kenya (CoK) 2010, has also categorized Kwale County as a vulnerable and marginalized County. The RAP 3 process has enumerated and documented that Mwache Roads project will physically and economically affect 267 households and 1,020 PAPs. 19 households will be fully displaced as a result of losing their land, residential and business structures. The 267 households are all categorized as vulnerable and marginalized due to the fact that they meet the criteria of World Bank’s Indigenous Peoples Policy (OP4.10). Table 8: Distribution of PAPs and PAHs by roads Road PAHs PAPs No of parcels A 4 20 1 D 5 30 5 E 258 970 233 Total 267 1,020 239 Table 9: Summary of Impacts profile Type of loss No. of PAPs Households losing more than 20% of Land 45 Household losing less than 20% of their land 155 Households losing trees 74 Households losing crops only 0 Households losing business and residential structures 19 Households with affected gravesites 3 7.1.1 Land Acquisition Impacts The 267 households will lose land totaling to 54.61Ha. All the land parcels affected by the project are freehold. 69 Table 10: Summary of Land Acquisition Impacts # Access Number of Parcels Area of land Length Width (M) roads to be acquired (Ha) (Km) (Total wayleave) 1. Road A 1 0.29 5.15 20 2 Road D 5 1.31 1.12 20 3 Road E 233 53.01 15.55 40-60 Total 239 54.61 23.19 7.1.2 Non-land impacts The economic and physical displacement as a result of land acquisition for the construction of the access roads will lead to loss of the following assets and incomes: • Structures • Trees • Graves • Business income Table 11: Non-land Impacts Road Number of Number of PAPs Number of Number Number Number business and losing business PAPs losing of graves of trees of PAPs residential and residential graves losing Structures structures trees 1 A 1 1 0 0 10 2 2 D 1 0 1 1 10 3 3 E 25 18 2 5 2843 75 27 19 3 6 2,863 80 7.2 Eligibility And Valuation Mwache access road Project will lead to economic and physical displacement (by affecting households who use lands or have structures in locations where the project components have been identified. Based on the obligations and entitlements outlined in the KWSCRP Resettlement Policy Framework (RPF) and Financial Agreement between Government of Kenya (GoK) and World Bank, the Project has developed detailed entitlement matrix for the Mwache Dam project. This chapter outlines the general principles and processes the Project will follow with respect to entitlement for each category of PAP. 7.2.1 Eligibility There are four variables to consider regarding eligibility: i. Who is eligible? – This is established through the definition of PAP and their relationship to the project–affected-area determined through the RAP census ii. How are they deemed eligible? – This is established in the eligibility criteria 70 iii. When are they eligible? – This is defined by the Cut-off Date iv. What are they eligible for (entitlement)? – This is defined in the Entitlement Matrix 7.2.2 Defining Project Affected People (Who is eligible) For this resettlement, PAHs are defined as any individual or group of persons (constitutes e.g. a family or clan with shared interest in an asset) whom have legal or customary rights to assets that will be affected or lost because of the project activities, as determined by the Cadastral Land and Asset Valuation Survey. A PAH may have a right to one or more groups of assets including (1) rights to land, (2) ownership of annual and perennial crops, (3) ownership of trees, (4) homestead property, (5) homestead structures, (6) graves, (7) and other privately held physical assets located within the development footprint of the Project. As indicated, a group could refer to an extended family or clan who have shared ownership of land or assets. For this RAP, all assets and land have been recorded against PAHs and each PAH has been given an ID number. Therefore, Entitlement and Eligibility is considered for each PAH with an ID. There may be multiple PAPs within a single household (as used in the socio-economic survey) which claim ownership to different households. Table 12: Eligibility Framework Description Who How When Physically Individuals, households Determined by the At the time of displaced PAP: or groups who will lose RAP Census, the signing the cut- their place of residence Cadastral and Asset off date form due to Land Acquisition Survey. during the rolling required for the roads’ out of census and Project socio-economic survey. Economically Individuals, households Determined by the displaced PAP: who will lose land, assets RAP Census, The cut-off date or access to assets or for this RAP is natural resource that 26 February leads to loss of income 2022 sources or livelihoods, but does NOT necessarily result in the direct loss of a place of residence. Physically and Individuals, households Determined by the Economically or groups who fit into RAP Census, the displaced PAP: both categories above. Cadastral and Asset Survey. 7.2.3 Eligibility Criteria Affected PAPs eligible for compensation/replacement include: i. Those who have formal legal rights (Certificate of Title) to land. ii. Those who do not have formal legally certified rights to occupy or use the land or other assets but have a claim to the land under the Land Act, 2012. 71 iii. Those who have a claim to assets (e.g. structures, trees, graves or crops) on the land to be acquired. This includes land owners/claimants with assets on their own land and also those who claim assets on land they do not own/claim. iv. Those who have no recognizable legal right or claim to the land they are occupying (i.e. informal occupants). These were recorded as part of the Cadastral & Asset survey. 7.2.4 Cut-Off Date According to OP 4.12, Cut-off date is the date the RAP census begins. Cut-off date is important because it guards against influx of people to the project area. Influx can increase the cost of compensation and need to be avoided. Persons who encroach on the area after the cut-off date are not entitled to any resettlement package. Improvements made to homes or additional structures added by existing residents after the cut-off date are also not eligible for compensation. The cut-off date 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 to prevent further population influx and opportunistic investments/claims. The cut-off date for Mwache RAP 3 is 26 February, 2022. The cut-off date was publicly disclosed in the project areas and to all the PAHs. The disclosure was undertaken by the RAP Consultant teams and local administration officials from the Ministry of Interior and Co-ordination of citizens Affairs. The principle of the cut-off date was disclosed to the community prior to the detailed RAP field surveys. It was communicated to the affected communities during public meetings (barazas) and to individual PAHs during the fieldwork. They were clearly informed that persons moving to the project areas and those who do further developments on their affected land after the cut-off date would not be entitled for compensation and that persons settling in the project area after the cut-off date will be subject to removal. 7.2.5 Category of PAH The project identified the following categories of Project Affected People differentiated by the types of impacts: PAH Categorization i. Land Owners ii. Land and Tree Owners iii. Land and Structure Owners iv. Loss of business income v. Graves vi. Land, Trees and Structure Owners 7.2.6 Entitlement Matrix The Entitlement matrix establishes the specific rights and entitlements to replacement affected assets or provision of compensation and assistance. These rights are granted to any PAHs who will lose proven assets, as determined during the Cadastral, Asset and Valuation study. 72 The RAP 3 Entitlement Matrix is similar to all the other previously prepared, approved and disclosed Mwache RAP Reports with exceptions to specific aspects related to PAPs who were found to have encroached on public road reserve who have been added in the RAP 3 Entitlement Matrix. The Entitlement Matrix establishes the specific rights per the type of loss, as well as differentiating the potential compensation entitlement granted to physically and/or economically displaced PAPs. 73 Table 13:Entitlement matrix # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement 1. Dwelling Rightful owners of the Option 1: Cash compensation for all Option 1: Cash Financial training for the structure used as affected house and structures at replacement cost, based on compensation to owners of sustainable and prudent use primary residence structures who choose to professional valuation. affected structures that are of cash compensation receive cash either complete or compensation for the incomplete. All structures affected houses Statutory Disturbance Allowance of must have been present Monitoring mechanism at 15% of compensation amount. within the project area at the main stages of construction cut-off date and identified of dwelling units. and verified through final Housing designs and related three- asset inventory and valuation dimensional models will be presented by NLC. Psycho-social support will to PAHs before a final decision on self- be provided in conjunction construction is made and construction with the County Social supervision will also be offered as an Household level livelihood Development Officers alternative. restoration plan as a (CSDO) at County level. condition of compensation This will be through Materials from the affected structure payment. counselling and liaison to may be salvaged at the owner’s expense the existing welfare support within the notice period given to vacate programs under the as defined by the project schedule and CSDO’s office; prior to demolition. Assistance with transport for their property and salvaged properties during resettlement for all PAHs who will be physically displaced 74 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Taxes and fees, and registration costs for Registration of property to be added to valuation and paid for directly. Rightful owners of the Option 2: Constructed in kind Options 2 and 3: PAPs who Financial training for the affected houses and replacement house of size (measured choose in kind replacement sustainable and prudent use structures who choose to floor area or number of rooms) at least house and if the affected of cash compensation have replacement equivalent to the PAH’s pre- structure was present within houses/ structures resettlement housing, with the project area by the cut-off replaced in kind (built by consideration of functional spatial use, date and identified and Transport to new place of the Project) at location of owner’s own choice but verified through final asset abode for all movable within Kinango and Samburu Sub- and valuation by NLC. assets as well as registration counties. Choices of standardized cost and required replacement house design(s) offered to formalities to ensure PAHs must comply with County Household level livelihood security of tenure. Government building/ planning restoration plan as a standards, take spatial and cultural condition of compensation function into consideration and comply payment. Monitoring mechanism at with minimum standards of safety and main stages of construction allotments of space per occupant. of dwelling units. Houses are to be constructed from All PAHs in this category durable wall and floor materials and must prove that the affected with permanent roof. Houses will be structure is their primary Psycho-social support will considered complete when constructed residence. be provided in conjunction as described above and fitted with with the County Social lockable inner and outer doors and Development Officers windows and connected with agreed (CSDO) at County level. services. This will be through counselling and liaison to 75 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement the existing welfare support Housing unit that meets minimum programs under the standards of safety, local housing codes CSDO’s office; and minimum allotment of space per HH member. will be provided to all PAHS who choose in-kind housing unit replacement regardless of the value of PAH’s prior dwelling. If the PAHs prior dwelling was larger or of significant better quality or value than the basic units offered, the PAH can 1) agree with the MoWSI on optional housing plants/ models; and/or 2) opt to receive the balance of the compensation in cash. Housing designs and related three- dimensional models will be presented to PAHs before a final decision on self- construction is made and construction supervision will also be offered as an alternative. For PAHs who choose to have project build their houses, an agreement will be signed with the PAHs describing the house to be built, the location and the expected time of final relocation (in principle should not exceed 6 months). 76 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Materials from the affected structure may be salvaged at the owner’s expense within the notice period given to vacate defined by the project schedule and prior to demolition. Assistance with transport for their property and salvaged properties during resettlement for all PAHs who will be physically displaced Taxes and fees, and registration costs for Registration of property to be added to the valuation and paid for directly. Rightful owners of the Option 3: Provision of suitable All listed vulnerable PAPs Financial training for the affected houses and temporary rented houses of equivalent and other PAPs who will be sustainable and prudent use structures who are on functional spatial use to those affected required to move out of the of cash compensation priority areas required and located within defined project priority areas to by the contractors sooner radius/areas until their permanent enable commencement of than the project or the houses are complete. This is in addition project construction Assistance in identification PAPS upon receipt of to their rightful compensation for all activities as they construct of rental houses and compensation money affected assets under the RAP. They permanent or have negotiation of the monthly can construct permanent will use the temporary accommodation replacement houses rent with the potential relocation homes as residences until their relocation constructed for them at their landlords if preferred. homes are constructed. own selected and acquired resettle land. 77 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement The construction of the relocation Execution of tenancy homes will be monitored by the project Household level livelihood agreement for the rented to ensure that steady progress is made restoration plan as a houses between KWSCRP and PAPs are able to relocate to condition of compensation and the landlords if permanent houses as quickly as preferred option is renting payment. possible. Timely payment of All PAHs in this category Assistance with transport for their must prove that the affected monthly rent and utility property and salvaged properties during structure is their primary bills for the period of time resettlement for all PAHs who will be residence. in temporary housing physically displaced. For PAHs who choose to have the Transport to new place of project build their houses, an agreement abode for all movable will be signed with the PAHs assets as well as registration describing the house(s) to be built, the cost and required location and the expected time of final formalities to ensure relocation (in principle should not security of tenure. exceed 6 months) PAHs choosing to build their own Monitoring mechanism at homes will, in principle relocate main stages of resettlement directly to their final relocation sites within an agreed time frame of not less than three months from the notice to Psycho-social support will vacate and receipt of compensation or be provided in conjunction as otherwise agreed. with the County Social Development Officers (CSDO) at County level. 78 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Should the project require that they This will be through relocate sooner than the time they need counselling and liaison to to rebuild, the PAHs and the MoWSI the existing welfare support will sign an agreement stipulating the programs under the amount of cash needed to build the CSDO’s office; home to be paid in advance of the move, identifying the new home site and establishing a maximum time at which the PAH expect to be ready to relocate permanently. The PAHs will receive the balance of their compensation upon final relocation. PAHs who will not be able to relocate directly to their new housing will also receive additional moving assistance and an additional subsistence allowance to compensate for any other verifiable costs of the transition (additional transport costs to work, inability to plant subsistence crops, lost wages or other income, need for additional assistance of any kind). 2. Structures used Rightful owners of the Cash compensation for all structures at Ownership established Financial training for the for secondary affected structures replacement cost, based on professional through final asset surveys. sustainable and prudent use purposes e.g. valuation. of cash compensation commercial/ Statutory Disturbance Allowance of business 15% of compensation amount. structures 79 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Housing designs and related three- Household level livelihood Business skills training and dimensional models will be presented restoration plan as a enlightenment on to PAHs before a final decision on self- condition of compensation alternative income construction is made and construction payment. generating activities. supervision will also be offered as an alternative Cash compensation to Monitoring mechanism at owners of affected structures main stages of resettlement Materials from the affected structure that are either complete or may be salvaged at the owner’s expense incomplete Psycho-social support will within the notice period to vacate be provided in conjunction defined by the project schedule and All structures must have with the County Social prior to demolition. been present within the Development Officers project area by the cut-off (CSDO) at County level. Compensation for loss of income for date and identified and This will be through three months or the period of the time verified through final asset counselling and liaison to actually required to re-establish the inventory and valuation by the existing welfare support business elsewhere if greater NLC. programs under the CSDO’s office; 3 months’ written notice to vacate the project area. PAP must provide proof of business income generation at the affected structure and Assistance with transport for their by the related business property and salvaged properties during carried out at the structure resettlement for all PAHs who will be through business records. physically displaced. 80 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Taxes and fees, and registration costs In the absence of business for Registration of property to be added records to proof business to valuation and paid for directly. income, the value of the affected business will be determined through Any other transitional costs such as observations and interviews extended storage, lost wages by other among other methodologies HH members, etc. done by NLC/ Registered Valuers Renter/Tenants Reimbursement for unexpired tenancy / Proof of a formal tenancy Financial training for the lease period or the amount of deposit or agreement for the occupancy sustainable and prudent use advance paid by the tenant to the of the affected houses has to of cash compensation landlord or the remaining amount at the be provided. time of expropriation, or three months’ rent, whichever is greater. Business skills training and In the absence of a formal enlightenment on agreement, a month rent alternative income Compensation for loss of income for receipt has to be provided. generating activities. the period of the time required to re- establish the business elsewhere: 3 - 6 months’ income (or longer if justified) PAP must provide proof of Monitoring mechanism at business income generation main stages of resettlement at the affected structure and 3 months’ written notice to vacate the by the related business project area. carried out at the structure Assistance in locating and through business records negotiating replacement rental premises 81 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Assistance with transport for their In the absence of business property and salvaged properties duringrecords to proof business resettlement for all PAHs who will be income, the value of the physically displaced affected business will be determined through observations and interviews Any other transitional costs such as among other methodologies extended storage, lost wages, deposits done by NLC/ Registered and transaction fees, etc. Valuers Workers Compensation for loss of income for Proof of income or minimum Assistance to facilitate three months or the period of the time wage relocation with business actually required to find new owner or obtaining employment opportunity elsewhere if alternate employment greater. 3. Loss of business Persons earning Compensation for loss of income for PAP must provide proof of Financial training for the income/wages livelihoods (income or three months or the period of the time business income or wages sustainable and prudent use wages) from affected actually required to re-establish the generated from the affected of cash compensation assets such as stone business elsewhere if greater resource and affected quarrying and sand business harvesting and running Business skills training and In the absence of business businesses in structures 3 months’ written notice to vacate the enlightenment on records to proof business alternative that will be affected project area. income income, the value of the generating activities. affected business will be Taxes and fees, and registration costs determined through for Registration of property to be paid observations and interviews Monitoring mechanism at for directly in the valuation among other methodologies main stages of resettlement done by NLC/ Registered Valuers. 82 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Any other transitional costs such as Workers will receive Workers will receive extended storage, lost wages, etc. minimum wage. assistance to facilitate moving with the business or obtaining similar employment 4. Sanitation Rightful owners of the Cash compensation for all structures at Cash option is available to Financial training for the facilities (Pit affected structures replacement cost, based on professional owners of affected structures sustainable and prudent use latrines & bath (residential, commercial valuation. that are either complete or of cash compensation shelters). incomplete and other) Statutory Disturbance Allowance of 15% of compensation amount. All structures must have Monitoring mechanism at been present within the main stages of resettlement. project area by the cut-off Materials from the affected structure date and identified and may be salvaged at the owner’s expense verified through final asset within the notice period to vacate inventory and valuation by defined by the project schedule and NLC. prior to demolition. NB: Owners already given a Assistance with transport for their replacement house that property and salvaged properties during already includes these resettlement for all PAHs who will be facilities will not receive physically displaced additional cash compensation. 83 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Taxes and fees, and registration costs for Registration of property to be added to the valuation and paid for directly. 5. Moveable and Rightful owners of the Cash compensation for all structures at Cash compensation to Financial training for the other structures affected structures replacement cost, based on professional owners of affected structures sustainable and prudent use such as fences, valuation. that are either complete or of cash compensation livestock incomplete. All structures enclosures, and must have been present livestock water within the project area by the Monitoring mechanism at points, etc. cut-off date and identified main stages of resettlement. Statutory Disturbance Allowance of 15% of compensation amount. and verified through final asset inventory and valuation by NLC. Materials may be salvaged at the owner’s expense within the notice period to vacate defined by the project schedule and prior to demolition. Assistance with transport for their property (including livestock) and salvaged properties during resettlement for all PAHs who will be physically displaced 84 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Taxes and fees, and registration costs for Registration of property to be added to the valuation and paid for directly. Any other transitional costs such as extended storage, temporary shelter or higher costs of feed for livestock, etc. 6. Land for Primary Registered owner or Option 1: Self-managed relocation All PAHs in this category Financial training for the Residential land/ claimants of customary (Cash compensation with relocation must prove that the affected sustainable and prudent use plot – permanent held land on which plans overseen) land is their primary of cash compensation loss complete immoveable residence and either are housing structure is PAHs who own other established for primary Statutory Disturbance Allowance of suitable resettlement land or Provision of support residence. 15% of compensation amount. have identified suitable registration cost and resettlement land and have required formalities to intention of buying it upon ensure security of tenure. Assistance with transport for their receipt of cash compensation property and salvaged properties during (either through formal or resettlement for all PAHs who will be traditional verification Monitoring mechanism at physically displaced processes). main stages of resettlement Taxes and fees, and registration costs Household level livelihood Psycho-social support will for Registration of property to be added restoration plan as a be provided in conjunction to valuation and paid for directly. condition of compensation with the County Social payment. Development Officers (CSDO) at County level. This will be through 85 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement counselling and liaison to Legally established interests, including PAHs must give proof of the existing welfare support user rights, on community land will be ownership of other suitable programs under the compensated in accordance with parcel of land or a verifiable CSDO’s office; Kenyan Law and in compliance with intention to enter into a the provisions of OP 4.12 and OP 4.10 binding/ written sale agreement with a potential seller of the suitable parcel of land before release of cash compensation. To ensure security of tenure to the resettled PAHs, the Legal Consultant will facilitate the execution of Sale Agreements between the sellers of land and the PAHs On community land (including the Mwavumbo Group Ranch) customary uses of the land are recognised in the Ranch charter. These rights will be compensated under Kenyan Law and in compliance with the provisions of OP 4.12 and OP 4.10. 86 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Option 2: Assisted relocation (Cash All PAHs in this category Financial training for the compensation held by project and land must prove that the affected sustainable and prudent use and structures identified and acquired land is their primary of cash compensation by the project) residence (either through formal or traditional verification processes). Transport and personnel to RAP Implementation Consultant assist help PAHs in moving willing PAHs to identify suitable around the host resettlement land whose value does not Household level livelihood communities’ areas and to exceed compensation value of affected restoration plan as a identify suitable land and land and is within Kinango and condition of compensation negotiate with the potential Samburu Sub-counties. and to negotiate payment. land sellers. and conclude the sale agreements with sellers, transfer of cash to the sellers and successfully transfer of land All listed vulnerable PAHs Provision of support ownership to the PAHs. and all PAHs who neither registration cost and own other resettlement land required formalities to Assistance in conveyancing and nor have identified suitable ensure security of tenure. transferring title resettlement land. Assistance with transport for their property and salvaged properties during Monitoring mechanism at resettlement for all PAHs who will be This is the risky category of main stages of resettlement physically displaced. land PAHs who will require direct project intervention during RAP Implementation Psycho-social support will Taxes and fees, and registration costs be provided in conjunction for Registration of property to be added with the County Social to the valuation and paid for directly. On community land Development Officers (including the Mwavumbo (CSDO) at County level. Group Ranch) customary This will be through 87 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement uses of the land are counselling and liaison to Legally established interests, including recognised in the Ranch the existing welfare support user rights, on community land will be charter. These rights will be programs under the compensated in accordance with compensated under Kenyan CSDO’s office; Kenyan Law and in compliance with Law and in compliance with the provisions of OP 4.12 and OP 4.10. the provisions of OP 4.12 and OP 4.10. 7. Permanent loss of Registered owners or Option 1: Self-managed relocation PAPs must prove ownership Financial training for the agricultural claimants of customary (Cash compensation with relocation (either through formal or sustainable and prudent use farming land held lands plans overseen) traditional verification of cash compensation processes) at the time of NLC verification Statutory Disturbance Allowance of Agriculture and livestock 15% of compensation amount. development projects and Acceptable Household level support programs targeting livelihood restoration plan as the PAHs and host Assistance in conveyancing and a condition of compensation communities transferring title payment. Payment of compensation for Provision of support Assistance with transport for their lost assets and land made registration cost and property and salvaged properties during before displacement. required formalities to resettlement for all PAHs who will be PAHs must give proof of ensure security of tenure. physically displaced ownership of other suitable parcel of land or a verifiable intention to enter into a Monitoring mechanism at Taxes and fees, and registration costs binding/ written sale main stages of resettlement for Registration of property to be added agreement with a potential to the valuation and paid for directly. 88 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement seller of the suitable parcel of Psycho-social support will Legally established interests, including land before release of cash be provided in conjunction user rights, on community land will be compensation. compensated in accordance with with the County Social Kenyan Law; Land Act (See Chapter 4) Development Officers and in compliance with the provisions (CSDO) at County level. To ensure security of tenure of OP 4.12 and OP 4.10 This will be through to the resettled PAHs, the Legal Consultant will counselling and liaison to facilitate the execution of the existing welfare support Sala Agreements between programs under the CSDO’s office; the sellers of land and the PAHs. In the absence of business records to proof business income, the value of the affected business will be determined through observations and interviews among other methodologies done by NLC/ Registered Valuers On community land (including the Mwavumbo Group Ranch) customary uses of the land are recognised in the Ranch 89 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement charter. These rights will be compensated under Kenyan Law and in compliance with the provisions of OP 4.12 and OP 4.10. Option 2: Assisted relocation (Cash PAHs must prove ownership Financial training for the compensation held by project and land (either through formal or sustainable and prudent use and structures identified and acquired traditional verification of cash compensation by the project) processes) at the time of final asset surveys. Transport and personnel to RAP Implementation Consultant assist help PAHs in moving willing PAHs to identify suitable Acceptable Household level around the host resettlement land whose value does not livelihood restoration plan as communities’ areas and to exceed the total compensation and is a condition of compensation identify suitable land and within the defined project area and to payment. negotiate with the potential negotiate and conclude the sale land sellers. agreements with sellers, transfer of cash to the sellers and successfully transfer Payment of compensation for of land ownership to the PAHs. lost assets and land made before displacement. Provision of support registration cost and Assistance in conveyancing and transferring title. All listed vulnerable PAHs required formalities to and all PAHs who neither ensure security of tenure. own other resettlement land nor have identified suitable Monitoring mechanism at resettlement land. main stages of resettlement 90 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Taxes and fees, and registration costs This is the is also a risky for Registration of property to be added category of land PAHs who Psycho-social support will to the valuation and paid for directly. will require direct project be provided in conjunction intervention during RAP with the County Social Implementation Development Officers Legally established interests, including (CSDO) at County level. user rights, on community land will be This will be through compensated in accordance with On community land counselling and liaison to Kenyan Law and in compliance with (including the Mwavumbo the existing welfare support the provisions of OP 4.12 and OP 4.10. Group Ranch) customary programs under the uses of the land are CSDO’s office; recognised in the Ranch charter. These rights will be compensated under Kenyan Assistance with transport Law and in compliance with for their property and the provisions of OP 4.12 and salvaged properties during OP 4.10. resettlement for all PAHs who will be physically displaced 8 Annual Crops Owners of crops on farm The project will make every effort to Crop owners identified Financial training for the land ensure land is taken after annual crops through final asset surveys sustainable and prudent use have been harvested. In such by NLC and verified by RAP of cash compensation circumstances, no compensation for IT annual crops will be paid. Household level livelihood restoration plan as a Where crops are planted as part of the condition of compensation 91 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement regular farming cycle in the project area payment. and land is required, prior to harvesting, Crop Owners receive: Agriculture and livestock development projects and Cash: damaged crops will be support programs targeting compensated in cash as mature crops at the PAHs and host agreed rates determined annually based communities on replacement cost determined by Ministry of Agriculture based on market prices plus transaction costs Business skills training and enlightenment on alternative income Statutory Disturbance Allowance of generating activities. 15% of compensation amount. Monitoring mechanism at main stages of resettlement 9 Perennial Crops Owners of crops on farm Cash compensation based on Crops or trees in place Household level livelihood (Including fruit land replacement cost determined by (rooted) at cut-off date and restoration plan as a and economically Ministry of Agriculture and Kenya identified through final condition of compensation valuable trees) Forest Service for crops/ fruit trees and surveys by NLC and verified payment. trees of economic/ medicinal value by the RAP IT respectively based on market prices plus transaction costs Compensation according to defined growth stage or size categories. 92 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Statutory Disturbance Allowance of 15% of compensation amount. 10 Loss of Agricultural workers Three months lost wages at Wage workers on Assistance to facilitate agricultural documented level or minimum wage or agricultural parcels moving with employer or employment actual work losses whichever is greater. obtaining similar employment 11 Vulnerable All PAPs in the project Transitional hardship assistance Identified through final Special assisted transit to Support Program area are considered program appropriate to specific cases census survey based on new land; (Tailored) vulnerable due to and based on Project assessment, agreed vulnerability criteria poverty and are hence including: - relevant to Project. entitled to livelihood Additional moving, loading restoration support. This and unloading assistance, if category refers to PAHs Priority in physical mobilization and necessary; with other forms of transfer to resettlement plot; vulnerabilities which may require special Other specific support consideration. A preference for in-kind compensation related to moving process Vulnerable individuals (e.g. medical assistance) and families who may identified by support case find it difficult to cope Assistance in the compensation workers. with the Transition e.g. payment procedure the elderly (over 70 years old), physically Psycho-social support will Resettlement near to kin and former be provided in conjunction challenged, those neighbors to maintain informal support with the County Social suffering from chronic networks where feasible Development Officers illness; widows and children who are under (CSDO) at County level. This will be through 93 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement 18 years counselling and liaison to the existing welfare support programs under the CSDO’s office; Assistance with transport for their property and salvaged properties during resettlement for all PAHs who will be physically displaced Follow up on orphans to make sure they identify and register in school upon relocation. The Persons with Disability (PWD) and those HIV affected access support services in areas of new settlement. Widows, orphans and affected vulnerable persons to be assisted through local administration and family for issuance of land registration documents; 94 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement Relocation of the widows, orphans and vulnerable persons to be facilitated and receive adequate notice to relocate Assist and monitor orphans to make sure that these children get back to school in case of relocation and ensure they are compensated The vulnerable such as mentally sick, people with disabilities, aged, chronically ill to access information and opportunities Monitor the resettlement of the vulnerable e.g. orphans to make sure they gain school transfers; the HIV affected and chronically ill 95 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement have access to medication and the persons with disability are locally registered with APDK office. 12 Graves/cemeteries Family and community Complete relocation of graves Familiar graves identified Contractors equipment/ members (exhumation, transportation and during asset inventory and/or excavator to relocate the reburial) to designated cemetery around confirmed through the graves when requested by the project area or at the PAPs Cultural Heritage survey. the PAPs or community resettlement land as per individual members preference Unmarked graves identified through chance-find do not Cash compensation at a rate/ grave that qualify for ceremonial is determined by NLC in consultation assistance and will be dealt with the PAHs and project staff. This with in accordance with the cash is meant to assist the affected Chance Finds Procedure in PAHs and communities to conduct the Cultural Heritage customary ceremonies during the Management Plan. relocation of graves. This was specifically requested by the PAPS at various consultation forums. Taxes and fees, and registration costs for Registration of property to be added to the valuation and paid for directly. 96 # Type of Category of Affected Description of Entitlements Eligibility Livelihood Restorative Loss/Impact Person Entitlement 13. Non-land owners PAHs who are informal Legal land owners of the land they These are relatives of the Financial training for the occupants that will lose occupy to share the replacement land legal land owners on whose sustainable and prudent use their main residential with them so that they can build new land they have been allowed of cash compensation structures constructed on residential structures on the land and to build the structures and land that they have no resettle, cultivate crops/trees but they legal claim on have not been given legal Provision of support entitlement to the land. registration cost and required formalities to ensure security of tenure. Illegal Encroachers of road reserves will be compensated for the affected Illegal Encroachers of road structures and determined loss of reserves Monitoring mechanism at business income and relocate to operate main stages of resettlement business in legally rented spaces away from road reserves. Psycho-social support will be provided in conjunction with the County Social Development Officers (CSDO) at County level. 97 7.3 Valuation Methods The valuation methodology is summarized in this section. 7.3.1 Valuation Process for Land and other Assets The impacts that will arise from the construction of Mwache Dam access roads includes: • Loss of land; • Loss of trees; • Loss of residential structures and business structures • Loss of graves • Loss of business income This RAP report therefore requires compensation for loss of all assets at full replacement cost in accordance with OP. 4.12. 7.3.1.1 Land - Market Research and Valuation To help establish the replacement cost, the valuation team carried out market research for land, structures, crops and trees in Kwale County before commencement of valuation exercise. This exercise was primarily aimed at attaining relevant and reliable information about market transactions within and near the project area. The valuation team carried out research to elicit comparable value for land within and near the project area. The exercise was carried out together with the market research for crops and trees. 7.3.1.2 Land Market Research - Objectives The exercise was mainly aimed at attaining relevant reliable information about market transactions for the land within and near the project area. The collected information informed the valuation of the affected land at the comparison method. 7.3.1.3 Land Market Research - Target PAPs The market research exercise targeted the different land owners in the affected villages. It also targeted key informants such as the village elders, Land Office in Kwale County, legal land conveyance firms in Kwale who have knowledge of land transactions by virtue of work. Some PAPs who were affected by RAP 1 and RAP 2 also gave an account on how compensation rates are arrived at by NLC. 7.3.1.4 Valuation of land using Comparison Method Comparable sales method has been adopted for valuing the affected land. This is based on the open market comparison of the land to be valued with what other similar parcels of land are currently selling for in the area but considering the differences between them. The comparability of the land is based on the use, location, site conditions and income related factors. 98 7.3.2 Valuation of structures using current replacement approach The valuation team together with a quantity surveyor conducted research on the different types of structures in the project area. The exercise was conducted in February 2022. Upon the approval of the RAP, the valuation report will be presented to the National Land Commission for validation and final compensation. Objectives: The main objective of the research was to obtain reliable information about the construction cost for the different structures to enable the development of Bills of Quantities (BoQs) for the respective structures. Geographic scope: The market research was conducted within the Project area in Kinango Sub County. The team extended the research outside the project area so as to obtain the market prices of the different construction materials. The information collected from the market research on the different categories of structures has informed the development of their respective Bills of Quantities (BoQ) which also includes the detailed build-up of the BoQs which have been used in the establishment of the replacement cost of the structures by the valuation team. To establish the replacement cost, the coordinates, type of structure, construction details, built up areas, accommodation details, and occupancy status of the different structures were recorded during the data collection phase. This was aimed at establishing the replacement cost of the different structures for compensation purposes. Due to limited reliable market information within and near the Project Area, a Sales Comparison approach could not be applied in the valuation of the affected structures. As a result, the structures have been valued based on the ‘reproduction cost’ i.e. the cost of reconstructing an identical structure by using the same materials and design at the time of appraisal without depreciation. 7.3.3 Replacement Cost Valuation of Trees The emphasis was to ensure full replacement cost. For trees affected, the valuation adopted the local KFS (Kenya Forestry Services) rates, considering the age factor for trees. 7.3.4 Valuation of graves During public consultations, the loss of graves and burial sites were an important concern of affected people. They requested that traditional ceremonies be performed for each burial site and the costs shall include: (i) Foodstuffs for feeding the mourners (bull, two goats, chicken, rice); (ii) Exhumation and reburial costs (iii)Government documentation for exhumation including official certificate (iv) Transportation 99 (v) Bereavement fee (vi) Hiring of tents, chairs and utensils The PAPs also requested that compensation be made for graves. Graves have been valued and shall be compensated at an amount that shall take care of all the costs. 7.3.5 Valuation for business income Valuation for Loss of Business Incomes equivalent to three months’ incomes / wages in case of permanent closure. (Loss of trade / livelihood / occupation or business incomes) and until livelihood restoration plan is implemented and livelihoods/income are fully restored. 100 8 LIVELIHOOD RESTORATION PROGRAM Individual household livelihood restoration plans tailored to meet the restorative needs of each project affected household will be a requirement before disbursement of cash compensation to the PAPs from NLC for their affected land and developments. This is aimed at safeguarding the compensation money and hence address the high level of vulnerability of the affected community to the adverse impacts of displacement due to both poverty and the communities traditional land-based lifestyle. Prudent use of the compensation money received from NLC is considered the primary restorative initiative of the PAPs dismantled livelihoods and way of life. This chapter of the RAP summaries some of the prospective livelihood restoration approaches identified during consultations with the community as an indication of what such tailored plans will entail. The RAP Implementation Team will spearhead the development of the household level livelihood restoration plans in consultation with each household separately. In addition, the RAP 3 PAPs will be incorporated and adopted in the identification, development and implementation process of the several community-level projects that will be planned and constructed in consultation with all the Mwache Dam PAPs and host communities. The RAP 3 PAPs will also benefit from the training and capacity building activities and receive farm and business inputs/ start up packages and technical/ expert support services scheduled to be provided under the umbrella livelihoods component of Mwache Dam Project which is scheduled to commence in December 2023 at the time the implementation of RAP 3 will also be commencing. The individual household livelihood restoration plans under RAP 3 will be prepared within the first 6 months of commencement of RAP 3 implementation activities. The implementation of the various identified livelihood restoration activities will start immediately after the plans are ready and will run concurrently with other resettlement activities identified by this RAP such as disbursement of compensation for acquired land and other affected assets, identification and purchase of replacement land, rebuilding of new homes, relocation and resettlement of PAPs. Full livelihood restoration for most of the PAPs is expected to be complete within a period of between 12 and 24 months with the very vulnerable & more difficult cases extending longer to a maximum of 36 months as outlined in the Terms of Reference of the Livelihood Restoration Consultant (currently) under procurement. Examples of possible livelihood activities and support services expected to be carried out, their objectives and the guiding principles are outlined in the sub-sections below. 8.1 Objectives and Schedule of Activities Livelihood Restoration Program under resettlement plans are planned to correspond with other mitigating measures of the Project towards PAHs to comply with OP. 4.12. This RAP 3 preparation process identified a number of Livelihood Restoration Strategies based on the consultations with the PAHs/ PAPs during the socio-economic survey. A detailed stand-alone Community Infrastructure Plan (CIP) is to be developed under a separate study guided by this Livelihood Restoration Strategy developed for this RAP. 101 The RAP 3 implementation Consultant will outline the time schedule for delivering these household level livelihood restoration plans and CIP in the inception report. The schedule to be outlined in the inception report will require regular updating, consultations, and negotiations with affected households and the host community for necessary adjustments to ensure it reflects the needs of the PAPs and host community. 8.2 Aims of Activities The Project aims to develop and implement sustainable Livelihood Restoration (LR) plan with the following key requirements: • To position the project as a partner in multi-stakeholder processes rather than as the principal actor in promoting local development; • To avoid dependency, encourage self-reliance, and create long-term benefits that can outlast project support; • To focus investments on capacity building, participatory processes, and organizational development to enable local communities, institutions, and partners to take progressively greater roles and responsibilities; • To reinforce, rather than replace, local institutions and processes; • To measure returns for both the project’s social license to operate and the community (resettlement impact mitigation), and; • To use output and outcome indicators to measure the quantity and quality of change. 8.3 Key principles of Livelihood Restoration The functions of Livelihood Restoration (LR) are as follows: • LR will focus on the enhancement of livelihoods through the improvement of income, increased production, and a better quality of life. • LR will ensure that land-based programmes are discussed and agreed to with affected communities only if replacement land is available and secured. When there is insufficient replacement land, other measures such as improving of productivity of remaining land or training/capacity building will be explored. • LR will equally endeavour to re-establish existing business enterprises and provide additional support to business owners in order to improve business operations (marketing, administration, operational efficiency) through training and other support measures. • LR will be the focus of all monitoring and evaluation programmes until after completion of the resettlement to assure that the Project has successfully restored and improved livelihoods and standards of living. OP. 4.12 defines the main objective of livelihood restoration as: To improve, or restore, the livelihoods and standards of living of displaced persons. The document further states that: For persons whose livelihoods are land-based, replacement land that has a combination of productive potential, locational advantages, and other factors at least equivalent to that being lost should be offered as a matter of priority. 102 For persons whose livelihoods are natural resource-based, implementation of measures will be made to either allow continued access to affected resources or provide access to alternative resources with equivalent livelihood-earning potential and accessibility. If circumstances prevent the client from providing land or similar resources as described above, alternative income earning opportunities will be provided, such as credit facilities, training, cash, or employment opportunities. OP. 4.10 specifically states that when it is not feasible to avoid relocation the borrower in the development of a RAP must obtain broad support for relocation of the affected Indigenous Peoples’ communities as part of the free, prior, and informed consultation process including ensuring that the RAP is prepared in accordance with the requirements of OP 4.12, that is compatible with the Indigenous Peoples’ cultural preferences, and includes a land-based resettlement strategy. Where possible, the resettlement plan should allow the affected Indigenous Peoples to return to the lands and territories they traditionally owned, or customarily used or occupied, if the reasons for their relocation cease to exist. A Vulnerable and Marginalized Groups Plan (VMGP) for Mwache Dam was prepared by KWSCRP, reviewed, and approved by the World Bank and subsequently disclosed in 2014. The applicable elements of the VMGP including Free, Prior Informed Consultation (FPIC) have been used in the development of this RAP including use of culturally appropriate consultation methods, ensuring the Indigenous People derive benefits from the project while giving special attention to the concerns of the women as required in the OP. 4.10. In addition to the guidance from OP. 4.12, Livelihood Restoration should follow the following principles: • Strive for household food sufficiency and food security; • Involve beneficiaries and other local stakeholders in choosing and implementing LR initiatives; • Respect gender differences (roles, rights, responsibilities) and provide equally for women, men, girls and boys; • Differentiate the needs of different types of PAPs, and provide for these appropriately; • Strive for sustainable livelihoods (institutional, financial, environmental and social sustainability) by the end of the interventions; • Build on present strategic plans for the County; • Encourage household income diversification to spread risk; • Base income-earning opportunities on tried and tested approaches in the Project area; • Consider both incremental and radical changes; • Consider options across the 5 livelihood capitals (human, social, financial, physical and natural); • Remember the vulnerable, and provide specific measures to help them, and; • Ensure options are relevant, practical and achievable. Entitlements for livelihood and income restoration are presented in the Entitlement Matrix (Table 13), and programs will be implemented together with PAHs according to their needs and requests. 103 The public consultation process has already identified some preferences and concerns based on PAHs current livelihoods strategies and identified opportunities and limitations. The public consultation process has led to initiatives taken by communities themselves including; PAHs actively looking for suitable replacement land available on a willing- buyer willing-seller basis; Majority of the PAHs expressed preference for cash compensation and self-relocation and continued cultivation of their land and plantations remaining unaffected. PAHs are entitled to participation in livelihood restoration programs based on priorities identified by affected households during consultations between individual PAHs and will include; • Trainings for alternative livelihood activities or • Enhancement of current livelihoods based on the individual preference of the PAH or • A combination of both. 8.4 Context of Livelihood Restoration The main types of livelihoods encountered in the project affected area of influence are land-based livelihoods with some non-land micro-businesses (e.g. retail shops and kiosks, tailoring and hairdressing services, boda-boda transport services), and livelihood options which have been selected according to the current documented livelihood activities. As land in the vicinity of the Mwache Dam project is limited in its availability, and resettlement will lead to increased pressure, emphasis has been given to alternative livelihoods (through vocational and business training and linkages to potential employers and microfinance),– including financial literacy), improving the quality of life (through improved water, sanitation services) and improving the productivity and profitability of farming activities (through training and advisory services, improved inputs and access to credit). 8.5 Potential Livelihood Restoration Options 8.5.1 Training on Financial and Business Management Context: -PAHs are not accustomed to receiving large amounts of cash, and may spend/invest it unwisely. In addition, literacy and numeracy levels are low, and particularly low for women. This is a consequence of low secondary school attendance. These limit access to employment outside farming and unskilled labour, and limit the acquisition of knowledge through written media. Several types of one-person micro-businesses were identified during the socio-economic survey, including fish trading, livestock trading, boda-boda, hair dressing, tailoring and phone charging where both women and men are involved. None of these groups had received any business training, and all said getting finance of any sort was difficult in order to expand the business. Objective: • To assist PAPs (men and women) to handle and use their cash compensation sensibly to restore their livelihoods and build a sustainable future 104 • To increase the capacity of entrepreneurs to function more effectively and expand their businesses. To provide time-bound business support to self-employed enterprises, aiming to grow them into viable and sustainable businesses Beneficiaries • PAPs receiving cash compensation for structures, land or crops. • Existing traders/business people (men and women) and those interested in establishing businesses from among the PAHs. Youth and vulnerable groups to be prioritized. Sustainability factors: -This measure will provide information so that PAHs can make an informed decision on how to use their cash compensation, and have the money in a Bank account rather than as cash that can be stolen or used rapidly and unwisely leading to impoverishment and discontent. Women (as PAPs or spouses) will be encouraged to attend, and special efforts will be needed to enable vulnerable PAPs (elderly, disabled etc.) to attend. Skills imparted will last a lifetime and provide openings for employment and acquiring knowledge from written media. Finally, trained entrepreneurs will be able to earn a living and contribute to a diversified rural household income. Monitoring and evaluation • Number of men and women attending training and attaining completion certificates; number of Bank accounts opened. Evaluation of how PAPs have used their cash, and their situation after 2 years. Evaluation of new activities being performed by graduates as a result of the skills acquired from the courses. • For business management training, number of new activities that PAPs are doing as a result of their training after one year. Improvement in circumstances/income resulting from the course. Number accessing micro-finance or credit. 8.5.2 Agricultural and Livestock Development 8.5.2.1 Cattle Raising Context: -One of the most important livelihood strategies of the PAHs is cattle raising. Affected people consider livestock as their bank savings. When these villagers want to make a large investment e.g. build a house, purchase a motorbike or marriage of their children, they raise money through selling livestock. They also consider the cattle as security for “good health”, in time of illness they could sell individual animals to get medical treatment. Apart from these pragmatic financial roles, the bull also has an important role in the Duruma culture for fighting with other bulls. Raising cattle is a very lucrative business as long as sufficient fodder can be found. PAHs have cattle and the Project has agreed on a livestock improvement program as an important component of the project, including vaccination to guarantee a healthy and sustainable stock of cattle in the resettlement site and prevent transmission of disease from one locality to another on relocation. Furthermore, the Project will assess current cattle raising procedures and assess potential for improvement as part of the support measures. 105 8.5.2.2 Poultry Farming Every family usually has at least one or two chickens, and poultry is an important option in livestock raising. Poultry is mainly raised for the market and sometimes sold to middlemen who come to the village to buy. Occasionally poultry will be used for consumption by the household themselves; Food is the main cost for the villager who determines either making a loss or making a very good profit. While large poultry enterprises provide cheap poultry from mass production to the markets throughout the country, people in the country still prefer free range chicken from the villages, which has less meat, but more taste; and can demand a much higher market price. Poultry raising is also an important livelihoods strategy that the Project will focus on for poorer and more vulnerable households, as investment requirements are low, birds can be kept near the home, and the demands of raising them are limited. 8.5.2.3 Improved Fodder Development For the livestock options, fodder is a key factor in calculating if a livestock business is profitable or not. For livestock, the development of productive and sustainable grazing areas is important. The Project will invest in soil and fodder improvement for grazing areas, starting before physical relocation of the resettlers. For medium and small livestock, value chains are important, with production of fodder, maize, or other crop planting needed to reduce the necessity to buy in from outside. 8.5.2.4 Fish Catch in the Reservoir Studies of other multipurpose dam projects show, that immediately after impoundment a windfall increase of fisheries can be expected, but consequently fisheries rates drop drastically if not managed properly. Mwache Dam PIU will hire a fisheries expert to undertake fisheries studies. The experts working on the fish catch monitoring program will therefore develop together with PAHs a fisheries-co-management program to allow sustainable development of fish catch. Furthermore, reservoir fishing is different from river fishing and training is necessary, including adapted fishing technologies and safety measures for boat fishing in deep reservoirs. 8.5.2.5 Crop Production through Irrigation Demonstration Scheme Context: The project area is currently agricultural area, and the PAPs are predominantly farmers with some trading of surpluses and some small businesses. Restoring land-based livelihoods and food security in the face of the loss of the land that was used for farming is the main priority of the LR programme. This covers crops, livestock, fruit, fuel, timber, bees at the production stage, and also post- harvest operations including value addition. There are opportunities to improve production and profitability beyond the present levels. In addition, the loss of the acquired land makes it necessary to produce more on less land through the use of improved genetic material and other inputs. 106 Note that before the project takes place, household food security is already fragile, partly due to the unpredictable climate, the low level of inputs used, the patchy extension services, the sandy nature of the soils and the low purchasing power of households. As part of Mwache Dam operations pilot activities, the Project will support the identification and development of viable irrigation schemes where the water from the Upper Check Dam will sustainably flow by gravity directly into the existing irrigable farmlands downstream of the dam. The activities will identify intervention strategies for irrigation development and the implementation of different agricultural practices. The pilot activities will also establish the viability of developing a larger (between 2,000 and 3,000 ha) irrigation scheme in the area. This information will allow the GoK to make a decision on how to best allocate the potential additional supply of water available from Mwache Dam in the future. The socio-economic survey indicates that that some villagers are currently organized in farmer groups through the Water Resources Users Associations (WRUAs). For the purpose of learning advanced or new farming skills the Project farmers will be supported to organize themselves in interest groups for other on farm activities. Apart from the advantage of specific target groups to enable information dissemination or skills and knowledge training and transfer, these groups have an added value when dealing with marketing for agricultural products, securing market contracts, arranging transport, guaranteeing minimum production targets, accessing (micro-) credit, and improving quality standards of products and pricing. The Project will support interested households with skilled members in the development of small-scale local farming-businesses engaging in production of farming inputs: seeds, fingerlings, natural insemination, etc. This not only helps to develop profitable livelihoods, but also strengthens communities in providing locally tested inputs and advice, decreasing the dependence from external inputs. Lessons-learned from other projects have shown that these kinds of businesses are sustainable in the long term and allow continued transfer of knowledge once project inputs scale down. Most of the livelihood options above are strongly linked to possibilities of market access. However, market access cannot just be measured in distances but as well in the availability of appropriate products and an understanding of market functioning. Therefore, livelihood trainings will not only focus on technical skills, but also on integrating into a market economy. This starts basic with literacy and financial management, up to the understanding of market development. The project will also entail the construction of the irrigation and drainage (I&D) infrastructure; agricultural support services; value chain and marketing linkages development; and participatory irrigation management through the Irrigation Water User Association (IWUA). 107 The demonstration project is expected to test (a) the land tenure and use aspects of irrigation development in the area; (b) the market for the high-value crops (HVCs) that would need to be grown to recover the O&M costs related to the infrastructure; (c) the irrigation technologies to be adopted (drip, sprinklers, bubble, flood irrigation) and hence the assumptions about irrigation efficiency and potential irrigable area; and (d) farmers’ ability to adapt to innovative technology and their capacity to pay for O&M costs through volumetric water tariffs. Outcomes Expected: Household food security restored to at least the level recorded by the household survey. Beneficiaries of this Irrigation Demonstration Scheme as part of livelihood restoration will be the PAHs located in the main dam area, upper and lower check dams and irrigation area who will suffer loss of land. They will be provided at least half acre of land in the 100-ha irrigation demonstration scheme, where they will grow high value crops, get connected to markets for the produce and have their capacity built in better farming practices. The modalities and plan including criteria and ownership of land in the 100ha Irrigation Demonstration Scheme will be refined and developed as part of the LRP process. Sustainability factors/local ownership: Farmers will have increased knowledge, skills and linkages. They will also have organized into stable groups for some commodities, and be earning significant incomes from the sale of these commodities. Extension services and NGOs will be better able to meet the needs of farmers and farmer groups. Micro-finance will be more available to farmers who have improved land tenure security. 8.5.2.6 Agricultural Extension The Project will work with County Department of Agriculture, to support and enhance on- farm livelihood activities for PAHs both before and after relocation. In order to restore the land-based livelihoods of the project communities, an agricultural extension programme or package will be implemented. This program will provide agricultural extension assistance to PAHs that are affected by the Mwache roads project. The components of the programme include: • Increased access to extension services (facilitative role – allowances, skills upgrades and transport costs) • Management of animal diseases to improve productivity and reduce risk. The health of livestock is a key element in successful livelihoods development. The Project is focusing on this from the outset by facilitating a vaccination program for large livestock before resettlement, to guarantee a clean start in the identified resettlement site. The Project will work together with experienced veterinary services from the County Government of Kwale towards this goal. 108 8.5.2.7 Traditional Shrubs and Tree Planting The project will provide traditional shrubs and other trees seedlings to the PAPs to plant on their resettlement land. The seedlings will be bought from the existing tree nurseries owned and management by community self-help groups and from the Kenya Forest Services stations in the project areas. This will help enhance and restore trees and shrubs which will be lost and destroyed as a result of land acquisition. 8.5.3 Water Supply Investments Context: Kinango is water-stressed in terms of water for domestic, hygiene and sanitation use. It is also short of water for livestock and for irrigating horticultural, food and cash crops. Lack of access to clean piped water is a significant problem in the project area and leading to water borne related diseases, which ultimately affects the well-being and livelihoods of the PAHs. Objective: -To provide minimum domestic drinking, hygiene and sanitation water supply to the residents of Samburu Sub-County and specifically the affected villages. Outcomes expected: -Health and comfort benefits due to better quality and quantity of water for drinking and hygiene; time saving on water collection allowing more productive activities. Beneficiaries: -Beneficiaries of rural water supply investments will be displaced PAHs who will be accorded first priority in terms of provision of access to water supply in their new relocation areas or current areas. There will be other beneficiaries who are non-PAHs as well who will be accorded priority only after the PAHs are connected to water supply. How will it be implemented: -N.B. This option will be strictly subject to a detailed feasibility and design study to be undertaken by KWSCRP with the IDA loan funds. Schedule: -Full feasibility and design study to be completed within 8-months of commencement of the LRP assignment and is subject to approval by KWSCRP and World Bank to before adoption and implementation. Sustainability factors/local ownership: -From the start, this would be a Kwale Water and Sanitation Company (KWAWASCO) initiative, supported by the Project financing. Water- use committee for collection of fees for maintenance and management of the facility at the community end. Maintenance of the infrastructure will be catered for by KWAWASCO. 109 Monitoring and evaluation: -Full design study conducted; piped water supply completed and producing to specification by end of year 2; Reduction in time taken to collect water compared to the household survey Further steps: -Full design study and then approval by KWSCRP and World Bank. 8.5.4 Off-Farm Activities While on-farm livelihood activities form the main strategy of the Project to support transfer and enhancement of traditional livelihoods of PAHs and to invest in food security, off-farm activities are an important second element of the livelihood restoration program. Given that in the Project area, 20% are 20years or younger, this becomes a key element in livelihood development. With mobile phones, DVDs, and even internet reaching villages, adaptation to a broader national and international lifestyle is sought by many young people. The Project will support these young people in their aspirations, while at the same time providing information regarding the necessary steps and inputs of changing livelihoods and also discussing with them the related risks. The Project will support PAHs who would like to engage in the service sector, while also supporting small-scale production. The following sub-sections describe some opportunities which have been preliminary identified, and which have proved viable in other projects in Kenya. Beneficiaries: -This will target specifically PAHs who are traders conducting businesses along the existing ROW as priority. 8.5.4.1 Shops and Transport A key livelihood activity, in which PAHs engage already, is a small-scale shop providing day-to-day products such as cosmetics, cooking oil, drinks, cigarettes, etc. Profit on a larger scale can be achieved by trading local products and external goods. With increased access to district and county markets, the necessary cost of investment decreases and more PAHs have the chance to engage in such businesses. This is not necessarily to the disadvantage of traders within the communities, but can replace external traders and thus decrease dependence from these middlemen. Transport of people is also a business opportunity. With improved roads and shorter distances to urban areas, peoples’ mobility has increased and with it the demand for transport services. As with other services, there is, however, a limit to the demand and thus to the number of business opportunities. Opening up a motorbike repair shop is one of the preferred alternative livelihoods strategies expressed by PAHs. 110 Beneficiaries: -This will target specifically PAHs who are traders conducting businesses along the existing ROW. 8.5.4.2 Selling Silt Materials from Check Dam The check dam will also serve a dual purpose to hold, remove, and reduce the sediment loads to the Mwache Dam site. The silt from the check dam provides useful construction material with a high demand and market in Mombasa Town. This RAP considers this a suitable livelihood restoration activity for the PAHs who should be supported into establishment of an entity with membership (cooperative for instance or Community Based Organization) and sell the silt with sales being shared among the membership who will be PAHs. Beneficiaries, Management of Access and Use: Anticipated benefits of the piled silt will specifically target PAHs especially the youth as an Income Generating activity. The design and modalities on how to establish an entity to manage access and use the silt deposits will be deliberated upon and documented further during RAP implementation phase between the target beneficiaries, local communities and the leadership with the RAP Implementation Consultant taking leadership to offer technical guidance. Silt texture details are still not very clear at the moment. The silt could be agricultural top soil that is suitable for farming, coarse gravel suitable for construction or a mixture of both. The project facilitated community/ beneficiary consultation process will set up rules of access, quantities accessible to beneficiary households and whether or not fees will be charged to the beneficiaries to collect silt and if so, how much per measured quantities. The MOWSI/the dam operator will analyse the quality of the silt and estimated quantities and share this information with the PAPs as part of the consultation process. Health and safety measures will also be setup to ensure that the silt pile area is safe for the operator staff, beneficiaries and the neighbouring communities. 8.5.5 Community Infrastructure and Support In addition to individual support, affected communities will be eligible for small projects intended to support the livelihood strategies of the PAHs, improve access to project benefits and public services, promote community cohesion and integration of resettled and host families. Each affected village will have access to a budget of up to KSh 7,200,000/year (villages can combine their resources for common projects) to support one or more small projects selected by the community in a participatory manner through the engagement process facilitated by the RAP IT. In principle, eligible categories will include community/cultural centers, markets/warehouses to take advantage of improved roads, community gardens and forestry and access maintenance that support and enhance access to forest areas and medicinal plants, small irrigation canals, mobile health and education services, recreation centers and other projects identified and selected by the community. The RAP IT will work with communities and the Project personnel to identify project options, facilitate project selection and ensure that selected projects are implemented. 111 8.5.5.1 Community Level Livelihood Restoration Plans Community level Livelihood Restoration Plans will be available if requested by PAPs who will be resettled together/ in close neighbourhood or as determined by the project in consultation with the PAPs and the Host Communities including where needed to maintain or restore access to natural resources. The PAHs will have access to community programs such as improved access to natural resources, improved access roads, modern schools, provision of irrigation and potable water to be provided under the project. 8.5.5.2 Implementation of Livelihood Restoration Programs A RAP Implementation Consultant will be contracted to support the project in implementing the RAP including delivering the overall livelihood restoration plan for Mwache dam including the RAP 3 LRP component. The cost estimate for RAP 3 LRP is Ksh 15,000,000 which is approximately 12% of the cost of affected assets and is over and above the compensation paid to PAPs by NLC for directly affected assets. The actual cost of the overall Mwache Dam livelihood support program will be determined the PAPs actualize their individual livelihood restoration plans, restore their livelihoods fully and as community development projects are selected, designed and implemented. Table 14: Livelihood Support Cost Estimate Activity / Description Budget Estimate (KES) Agricultural Capacity Enhancement 10,000,000.00 Training on Financial Management, business 5,000,000.00 development, farming Total 15,000,000.00 112 9 GRIEVANCE REDRESS MECHANISM Grievance redress mechanisms are necessary avenues for allowing project affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieve transparency in the land acquisition and resettlement processes. Arising from the above observations, all the grievances be addressed before commencing construction and any new grievances will be handled and resolved as they are received. A well-defined Grievance Redress Mechanism that provides the PAPs with an avenue of lodging complaints and concerns and receiving quick/timely response is critical. Grievance mechanisms are important to the resettlement process as they allow for RAP implementers to identify disputes in good time and allow for them to be resolved in a transparent and accountable manner. Compensation based disputes are issues also likely to occur during and after the RAP implementation program, hence it is critical to establish this system prior to implementation of the resettlement program. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgements on both sides. A well established and validated grievance mechanism can also promote good relations between the project proponent and the affected community thus reducing the risk of hostilities and delays on the construction program, both before and after the contractor takes possession of the site. 9.1 Subject Matter of Grievances / Expected Grievances The PAPs may have grievances on the value of compensation for land, movable and immovable assets, crops, human and livestock disturbance. Other grievances may arise from the loss of livelihood, disconnection of streams of income and reduction of earning capacity due to the relocation. Considering the nature of resettlement and as informed by the findings of the field studies, the type of grievances that may arise include: (i) Grievances on the value of compensation for land, movable and immovable assets, crops. (ii) Grievances between two PAPs from the same family (nuclear and extended). During the FGDs under this RAP study, the youth noted that there are some families where issues of succession have not been clearly resolved. Such situations among the PAPs may result in family feuds over who should receive compensation on behalf of the affected family; (iii) Grievance between two PAPs from different families; (iv) Grievance between PAPs and the RAP implementers. Grievances between PAPs and RAP implementers may arise if PAPs feel they are not adequately involved in the implementation process. (v) Grievances may arise from the loss of livelihood, disconnection of streams of income and reduction of earning capacity due to the relocation; (vi) Lack of appropriate timeframe for relocation; (vii) Livelihood restoration program packages. 113 The Mwache dam project already has a robust and successful GRM which is currently being utilized to receive and handle grievances arising from the ongoing RAP 1a and RAP 1b implementation phase. The project level GRM was recently expanded to include grievances that have been arising from the dam construction works that started early this year and will also be expanded even further to include grievances expected to arise from the implementation of the RAP 2. Similarly, this RAP 3 will adopts the existing GRM for Mwache dam but the scope shall be expanded further to include representation for PAPs affected by Mwache dam access roads. The objective of RAP Grievance Redress Management (GRM) is to provide a set of clear and traceable procedures by which any grievance arising from or in connection with this RAP can be reported by an affected person/household, and then heard and resolved mainly through an informal, alternate dispute resolution process that is consistent with best practice and the requirements of OP. 4.12. before pursuing legal formal justice (judicial process). Judicial process still remains the right of every affected person/household in this RAP. Table 15: Performance of Project GRM being utilized in on RAPs Implementation # Grievances Grievances Dispute Resolution Un resolved GRM Level Received Resolved Rate in % Grievances 1. Village 154 154 100% 0 2. Sub-location 17 17 100% 0 3. Sub-county 109 90 83% 19 Total 280 261 93% 19 9.2 Need for Grievance Redress Mechanism The Grievance Redress Mechanism involves formation or operationalizing of Grievance Redress and Resettlement Committees. The main objective is to provide a step-by-step process of registering and addressing the grievances. It is expected that this mechanism will ensure redress of disputes through participative process. An effective mechanism to redress grievances requires: • that grievances do not linger on and become contentious issues between project authorities and the affected community and result in opposition to the project; • PAHs and the overall community appreciate efforts by the project authorities to reach out to hear concerns, proactively address and resolve issues; and • PAHs particularly demonstrate willingness to support and benefit from the implementation of the mitigation measures. 9.3 Essentials in Grievance Redress • Acknowledge dissatisfaction: Accept that the displacement due to a development shall generate grievances, rather than ignore or turn away • Effective listening: Careful listening to elicit information regarding the grievance shall help to accurately define the problem • Separate facts from fiction: Ask for facts and record it (preferably by the PAH himself). If illiterate, provide support as necessary; • Quick turn-around: Take optimum time to analyse ascertain and decide and finally communicate the decision to the PAP. Keep communicating with PAHs in case of delays 114 • Follow-up: If decision requires a follow up action, take it soonest to instill confidence in the PAP regarding the grievance mechanisms and process • Grievances will be recorded by using a Grievance Form (in local language, also available in Kiswahili and English). Grievance forms will be available for recording complaints and will contain details regarding the grievance as well as the name and address of the applicant, application date, type of application and the name of the persons receiving the grievance. The forms will be logged in a register where they will be tracked through to a suitable resolution. Grievances can be submitted orally (and will be recorded) or in written form; 9.4 Grievance Redress Mechanism Players The key players in the grievance redressal process are among others: • PAHs themselves • Influential persons in the project affected village (could be non-PAHs) • Kwale County Government • National Government • KWSCRP/MoWSI • Coast Development Authority • National Land Commission • Environment and Land Court 9.5 Principles of Grievance Redress Mechanism Principles in formulation of effective grievance mechanism are that the mechanism is: • Devised keeping in mind the socio-cultural setting such as making use of village elders too in resolution of disputes; • Take cognizance of impacts on female PAHs and ensures their adequate representation; • Is independent of the implementing agencies to allow affected individuals to voice concerns and seek redressal; • Is accessible and is well-supported by an effective information dissemination mechanism to prevent occurrence of a grievance in the first place due to lack of information; • Is timely and responsive i.e., its recommendation and decisions are implemented by the project authorities; and • Is transparent The Grievance Mechanism provides affected parties with a mechanism to express any issues and problems that they may have with the compensation and resettlement process for the Project in a way, which is free of cost and without retribution. Affected parties will also have ultimate recourse to the courts in accordance with the provisions of Kenyan law. To ensure that the basic rights and interests of project affected people are protected, that their concerns are adequately addressed and that entitlements are delivered, a grievance procedure is outlined below. 115 9.6 Grievance Management Levels and roles A five (5) level grievance management is provided for in this RAP to ensure amicable review and settlement of grievances. The roles will include among others the following: • Help ensure that local concerns raised by PAHs as regards resettlement and compensation are promptly addressed. • Resolve manageable disputes that may arise relating to resettlement and compensation process. If it is unable to resolve, help refer such grievances to the next level as described in the grievance redress mechanism. • Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the sub project are addressed. • Report, refer, follow up and resolve complaints for all PAHs • Facilitate conflict resolution and addressing grievances. 9.6.1 First Level: Elders Land Disputes Resolution Committee Mandate: To be the primary recipients and resolution focal points of land and resettlement related grievances/ disputes from PAPs and other local stakeholders. The Duruma community is deeply traditional and observes a historical way of life based on clanism. Duruma are part of the Mijikenda and comprise of 14 clans who are guided by Council of Elders. The Council of Elders is a supreme body that plays a significant role among the Duruma and is respected. They have the mandate to resolve conflicts including land related conflicts; natural resources related conflict e.g., pasture; interclan conflicts; among others. The Council of Elders also presides over rites of passage including circumcision, marriage rights among others. Council of Elders decisions are strongly respected. In case a person defies their decision, the person will be fined and/or banned from attending any social functions e.g., burials, marriages or any other function that brings the community together. The person may be excommunicated from the community. The Elders Land Disputes Resolution Committee will be composed of people of good reputation and who have knowledge of customs and culture of the Duruma. Each of the two clans i.e., Arima and Amwezi constitute their individual council independent of the other. These two separate councils can only congregate together during a major occurrence that affects all the Duruma. Council members are not elected, as long as one has a good reputation in the society and is regarded as impartial then he is welcomed in the council. Women were traditionally not part of the council but have over the years broken this norm and become members as witnessed in the ongoing RAP 1 implementation process. There is no term limit in being a council member, one serves until they are too old and retire on their own volition or when they die. The other way to be removed a member from the council is if a person's reputation becomes negative, then the council members will not involve them in council matters. The person may not be formally informed that he is no longer a council member, but will not be informed of meetings and decisions made, basically he is sidelined. This RAP prefers the first level of grievance or conflict redress on land related issues as a result of this project to be handled by the Council of Elders as an organ that has as part of Duruma culture been handling land related disputes. 116 In the current RAP 1 implementation process, women have been found to make impartial, dependable and decisive council members and indeed chairpersons of certain GRCs. Some First level GRCs that are led by women have been very active and hence important support in grievance resolution. At the onset of the RAP implementation process, all the GRC Members including those at this level will be trained and equipped with tools and skills to hear, record, determine and communicate their resolutions to the RAP Implementation Consultant. Grievances not resolved by the Council of Elders will be taken to the second level. A record of any/all grievances received and handled will be kept at all phases of the implementation process. 9.6.2 Second Level: Sub Location Grievance Redress Committees (SLEGRC) Mandate: Addressing resettlement grievances raised by PAPs and other local stakeholders at sub-location level or as received from Elders Land Disputes Resolution Committee. The SLRGRC will be formed in each of the affected sub-location (6 committees). The Assistant Chiefs and the Village Administrators will be members of each SLRGRC in his sublocation/villages and will be responsible of escalating any matter that cannot be resolved at the sub location/village level to the Chief of his location and the Ward Administrator respectively for their further attention and resolution. Composition of the member is as follows: 1. Assistant chief 2. Village Administrator 3. Village Elders 4. One project affected youth, 5. One project affected woman, 6. One project affected male 7. A representative of vulnerable PAHs, 8. CDA Social Development Expert 9. KWSCRP Coast Region PIU Social Specialist 10. Contractor’s Social Expert 11. RAP Implementation Consultant RAP Expert 12. Project affected representative of the business community 13. Project affected representative from a religious institution 9.6.3 Third Level: Kinango and Samburu Sub-Counties Grievance Redress Committee (SCRGRC) Mandate: Addressing resettlement grievances unresolved by the SLRGRC, which have been escalated by PAPs The SCRGRC will be formed at Kinango and Samburu Sub-Counties level only (1 committee). It will not deal with any new grievance directly from any aggrieved party but will handle referred grievances; heard and handed down from the 6 sub locational level committees. 117 Composition of the member is as follows: 1. Deputy County Commissioners for Kinango and Samburu 2. Assistant County Commissioner, Kasemeni/Mwavumbo Wards 3. Sub-County Administrator 4. County Surveyor 5. County Land adjudication officer 6. One project affected Vulnerable PAH 7. Representative from a CBO 8. Representative from an NGO 9. Representative from a Religious Institution 10. KWSCRP Coast Region PIU Social Specialist 11. CDA Social Development Expert 12. RAP Implementation Consultant RAP Expert 13. NPMU Social Safeguard Specialist 9.6.4 Fourth Level: County Arbitration Committee Mandate: Addressing resettlement grievances unresolved by the SCRGRC. The committee will be formed when need arises. Composition of the member is as follows: 1. County representative 2. National Government representative 3. County Legal Officer 4. KWSCRP Coast Region PIU Social Specialist 5. NLC County Co-ordinator 6. CDA Social Development Expert 7. RAP Implementation Consultant RAP Expert 8. PMU Social Safeguard Specialist 9.6.5 Fifth Level: Resort to Justice The Environment and Land Court provides the avenue for legal recourse for aggrieved persons and will be the final level for grievances unresolved. 9.7 Appointment of Grievance Redress and Committee Members Membership to committees will be elected by each category of PAHs except the assistant chiefs’ locational chiefs, sub county administrators, county administrators, contractors, Mwache Dam PIU who will be automatic members of the team by virtue of their positions. Each committee will elect their chairperson and a secretary. The members of the GRCCs will be appointed through an election process with all the affected PAHs in the project area participating. Mwache Dam PIU and the local administration including national and county government will facilitate the elections. The GRCCs will be constituted/established following the approval of the RAP by the client and World Bank. 118 9.8 Grievance Redress and Compensation Committee Members Remuneration All the members of the GRCCs established at the different levels will perform their duties on a voluntary basis. There will be no remuneration other than costs associated with transport, communication, meals and sitting allowance. The financial rates for the above costs will be decided upon jointly between KWSCRP and committee members. This RAP has included a budget estimate for the associated cost under the RAP implementation budget line item (administration costs). Similarly, the terms of the GRCCs will be decided upon through joint consultations between KWSCRP and the GRRCs. 9.9 Capacity-Building for Grievance Officer and Grievance Committee The Grievance Committee members will also need to be oriented to the grievance management system presented in the RAP as adopted from the RPF. The capacities of the Grievance Committee members will also need to be built around issues of conflict identification, conflict information analysis and conflict resolution as provided for in the land legislation. KWSCRP/NPMU and the RAP Implementation Consultant will design capacity building materials and will conduct training for the grievance redress committee members. 9.10 National Land Commission The NLC has a grievance redress process mainly triggered at the time of award of compensation following public hearings. If a PAP is dissatisfied with the awards given by NLC, they have a right to appeal and NLC would look into the matter and determine justification. In the event that a PAP is not satisfied with the appeal made to NLC and the resolution thereof, then dispute is resolved by resorting to the legal justice system where PAP could go to the land and environment court. 9.11 Grievance Redress Hierarchy The hierarchy and relationship of the various GRRC are depicted in the below. PAHs can resort to the justice system at any time without passing through any of the described GRRC. 119 Land and Environment Court County Arbitration Committe Sub County Grievance Redress and ResettleementCommittee Sub-Location Resettlement and Grievance Redress Committee Elders Land Disputes Resolution Committee Figure 20:: Pyramid showing the various grievance resolution pathways 9.12 Grievance Registration and Monitoring The grievance mechanism shall be accessible to all affected parties, including vulnerable people. A Project grievance register and formalized grievance process will be developed and implemented for all RAPs developed. The process is structured according to recommended good practice, as described above and will comprise the following steps. Table 16: Grievance Mechanism Steps Steps Description of Steps Step 1: The grievance procedure needs to be available and accessible to all affected communities and therefore once established will need to be publicized and Establishing communicated within Project Affected Households by the RAP and Publicizing Implementation Consultant (RIC) firm who will be the GRM Operator. The Grievance RIC Resettlement Expert (RE) will manage the GRM operations on a day- Management to-day basis assisted by the Grievance Officer (GO) who will be appointed Procedure. from among the RIC technical staff. Consultation on the workings of the procedure will take place with communities and stakeholders at village, sub county and county across the Area of Influence (AoI) and with institutions in selected locations in the AoI. A range of different approaches will be used for this communication as deemed appropriate, including face to face meetings and group (e.g. village) meetings. 120 Steps Description of Steps In addition, information materials such as a brochure or flyer, describing the process will be produced and distributed by hand and via posting in publicly accessible locations in the Project AoI. The contact details of the Operator’s Resettlement Expert (RE) and Grievance Officer (GO), secretary of sub location, ward, sub county and county level Grievance Redress Committee will be provided clearly on this notice as the key points of contact for receiving grievances. Step 2: Grievances can be submitted in writing, telephonically, email, mail, SMS, webpage, or face-to-face/presented verbally to the Resettlement Expert or Receive and Grievance Officer or secretary of sub location, sub county and county level Track Grievance Redress Committee. The uptake channels will be publicized and Grievances advertised via local media, the operator, and secretary of ward, sub location, sub county and county level Grievance Redress Committee. Grievances shall be made in local language, in Kiswahili or English. All grievances shall be logged using a Grievance Form. The operator will log, document and track all grievances within a Grievance register to be managed and updated by the Grievance Officer (GO) with oversight from the Resettlement Expert and secretary of ward, sub location, sub county and county level Grievance Redress Committee. This RAP has developed a series of sample forms to be used for recording grievances and the actions taken (list below) and provided in Annex VIII. • Grievance Statement Form. • Grievance Receipt Acknowledgement Form. • Grievance Investigation Form. • Grievance Investigation Outcome Form. The database shall be monitored regularly for recurring grievances so that appropriate standardized mitigation can be developed. The following information shall be recorded for each grievance: Grievance case number; Complainant’s name and contact details • Date of complaint; • Name and contact details are necessary for interaction around the resolution of the grievance. Anonymous submissions will be permitted, but the party submitting should understand that direct response will not be possible. Details of complaint; • History of other complaints / queries / questions (if known); • Resolutions discussed and agreed with the party(ies) in question; • Actions implemented (including dates) and; • Outcome of the actions implemented. For complaints in person, typically the responsible sponsor staff (RE, GO or secretary of sub location, ward, sub county and county level Grievance Redress Committee.) shall either complete himself of help the complainant with the completion of a feedback form. For complaints by phone, sponsors staff shall register the complaint themselves using the feedback format. 121 Steps Description of Steps Step 3. The sponsor shall formally acknowledge receipt of any grievance as soon as possible, and within a standardised time period. Acknowledging Receipt of a An initial response should be provided not more than (5) five days from the Grievance date it was submitted and shall inform the complainant about the timeframe in which a response can be expected. A full response should then be provided no later than a month from receipt and acknowledgment of the grievance. The acknowledgement must be sent in written form although it can be anticipated by phone depending upon the complainant. The process of acknowledgement shall include responding to the complainant, using appropriate communication channels, about the following issues: - Explaining next steps; Providing a target date for resolution of the issue or, if necessary, the full response to the feedback; ideally, acknowledgment of a grievance to the complainant should include the name of the person assigned to resolve the issue. Step 4: Operator and relevant grievance redress committees will investigate fully all grievances submitted, and where necessary will involve other Investigate departments, contractors and senior management in the process in order to Grievances: - fully understand the circumstances that led to the grievance being raised. This investigation should be performed in a timely manner to avoid delaying the resolution of a grievance. Project will aim to resolve any grievances within 30 days from the date that of receipt. This timeframe can be extended to 90 days for more complex grievances, if required. The following steps shall be performed as part of an investigation to avoid delaying resolution of a grievance: - • Obtain as much information as possible from the person who received the complaint, as well as from the complainant to gain a first-hand understanding of the grievance. In addition, an appropriate liaison official (RE, GO and members of grievance redress and resettlement committees,) must be present during any interactions with the stakeholder registering a grievance. • Undertake a site visit, if required, to clarify the parties and issues involved. Gather the views of other stakeholders, if necessary and identify initial options for settlement that parties have considered. • Determine whether the grievance is eligible for consideration and valid. • Eligible grievances include all those that are directly or indirectly related to the Project and that fall within the scope of the Grievance Mechanism as outlined above. • Ineligible complaints may include those that are clearly not related to the Project or its contractors’ activities, whose issues fall outside the scope of the Grievance Mechanism procedure or where other 122 Steps Description of Steps community procedures would be more appropriate to address the grievance. • If the grievance is deemed ineligible it can be rejected however a full explanation as to the reasons for this must be given to the complainant and recorded in the Grievance Database. • If the grievance is eligible, its risk level should be determined using the significance criteria. This will help to determine whether the grievance can be resolved immediately or requires further investigation and whether senior management will need to be informed of the grievance. • If the grievance concerns physical damage, (e.g. fishing boat, crop, house, community asset) a photograph should be taken of the damage and its exact location recorded the as accurately as possible. • Inform the complainant of the expected timeframe for resolution of the grievance. • Enter the findings of the investigation in the Grievance Database. Step 5: A response should be provided to the complainant in all cases, by the RE or Respond, secretary of sub location, ward, sub county and county level Grievance Resolve and Redress Committee.). This may only consist in a simple clarification of a Close Out: - technical issue. Responses can be either oral or written, depending on whether the grievance was received orally or in writing. Ineligible Claims: - If a claim is rejected as ineligible (not considered to be related to sponsor or its contractor’s activities) or without basis the and the response is that the grievance does not require action by the operator to resolve it, it should still be documented and included in system for grievance tracking for further reference. The message that the Project does not intend to provide a response, should be handled sensitively to the complainant. Eligible Claims Preliminary Response. In the case of all eligible complaints, project will provide an initial response within a stipulated period of time and propose the next steps and actions for resolution. The RE/GO or secretary of sub location, ward, sub county and county level Grievance Redress Committee.) will then communicate the results of the assessment and the status of their claim to the complainant. Final Response: - This response should provide clear information on the proposed final corrective action and detail any related commitments made by both parties. It should obtain the written agreement of the complainant. If the complainant is not happy with the proposal, they should be free to seek resolution through a formal external dispute resolution mechanism. Appeal Process: - The grievance process will include an appeal process with the involvement of third parties to mediate in cases where no agreement is reached to the satisfaction of the affected person. If deemed necessary this may include forming a grievance committee with participation of local representatives and involving a third party in the process of grievance resolution. 123 Steps Description of Steps The mechanism will not impede access to judicial or administrative systems. Close out: - A complaint is closed out when no further action can be or needs to be taken. When closing out, it is important to ensure full proof of close out based on fully documented evidence of the resolution process including: • Written internal record internally, with the date and time it took place, and sign off by responsible staff sign off; • Photographs if relevant documenting the resolution; and • Written confirmation of the complainants’ agreement with the resolution. The final close out status of the complaint e.g. open (under investigation), resolved (resolution has been agreed), unresolved (not possible to reach an agreed resolution and case has gone to external dispute resolution), abandoned (complaints where the complainant is not contactable after a certain period and complaint becomes null and void), must be recorded in the Grievance Register. Closureofagrievancedoesnotautomaticallymeanthatthecomplainantissatisfi edwiththe action taken (i.e. in cases where a complaint is not justified). Closure means that the complainant agrees that action has been taken by operator to address the grievance without being necessarily satisfied with the outcome. These committees will seek to resolve PAPs issues quickly in order to expedite the receipt of entitlements, without resorting to expensive and time-consuming legal process in the Environment and Land Court that may delay the implementation of project. Appeals to the court will only be occasioned if the grievance procedure fails to provide a result. Step 6: Operator will monitor grievances routinely as part of the broader Monitor, management of the Project. This entails good record keeping of complaints Report and raised throughout the life of the construction and operation of the Project. Evaluate On receipt of grievances, electronic notification to management must be distributed. Grievance records must be made available to management at all times. Monthly internal reports will be compiled by the Grievance Manager and distributed to the management team. As part of the grievance monitoring the operator will implement a process to analyse grievances. This will ensure wider actions are taken where required to solve root problems causing grievances rather than just individual grievances. Operator will also develop performance indicators to evaluate the grievance management process. 9.13 Hearing of Complaints: where and by whom Every complaint and appeal shall be heard by a GRC without any procedural technicality, but in a manner that is consistent with normal, traditional way of resolving contested matters minus any manifest bias and exclusionary practice. 124 All hearings shall be open, unless the nature of the dispute is such as would warrant some restriction of public access to the proceedings, except that such restriction shall be very rare and then only in exceptional cases. A complaint shall have a right to prove his/her case entirely through the testimonies of others (without him/her testifying directly). The Complaint will usually be the first to speak, but the GRC may, unless substantial prejudice would result, change the order of presentation if doing so would facilitate the ultimate resolution of the dispute. All decisions by a GRC shall be explained orally at the end of the hearing, but reflected in writing, no matter how concise. A copy of the decision shall be given to every party, and a copy kept by the GRC. 9.14 Appeal Procedures This RAP provides the right of appeal by any complainant to next grievance level committee(higher) if dissatisfied with the decision made by the committee where complaint is registered. 125 Start File complaint File complaint File complaint or appeal with or appeal with with SCGRRC CGRCR VGRCCLGRR Is Is Is resolved? resolved? resolved? End End End File appeal with Independent Arbitrator File petition File appeal with High Court Supreme Court Is resolved? Is Is End resolved? resolved? End End Figure 21: Process of filing complaints and the taking, hearing and resolution of appeals. 126 10 INSTITUTIONAL FRAMEWORK FOR RAP IMPLEMENTATION This RAP 3 shall be implemented within the existing Institutional implementation arrangement for Mwache dam project. A mix of institutions–government agencies at the County, Sub County and national levels, technical agencies and consulting firms recruited by KWSCRP would be involved in RAP implementation. A complex Project such as the Mwache Multi-purpose Dam Project with the requirements of the RAP requires an adequate implementation set up, with agreed roles and responsibilities. The RAP will be implemented within one overall organizational set up, by multi-disciplinary teams (see below) on different levels. The intended implementation arrangements with a range of key actors on different levels, representing different entities, require the development of an overall communication plan for Project implementation (see below), in order to facilitate efficient performance. A mix of institutions – government agencies at the County, Sub County and National levels and specialized technical agencies would be involved in RAP implementation. 10.1 National Government- Ministry of Water & Sanitation and Irrigation Ministry of Water & Sanitation and Irrigation (MoWSI), State Department of Water, through Kenya Water Security and Climate Resilience Project (KWSCRP) will be responsible for the overall RAP coordination. The Mwache Dam Project is owned by the Government of Kenya through the Ministry of Water & Sanitation and Irrigation and shall be responsible for mobilization of financing from The National Treasury (NT) for this RAP. MoWSI will request National Treasury to allocate funds for this RAP and will thereafter give the funds to NLC to compensate all the identified PAHs in accordance with the National Land Commission (NLC) Act 2012. 10.2 KWSCRP- National Project Management Unit and Coast Project Management Unit The KWSCRP has a full time Social Safeguards Specialist based at the NPMU office in Nairobi and full-time Communication Expert and Social Safeguards Expert based at the Coast PMU Office in Mombasa. These 3 experts have directly been supporting and supervising the RAP Implementation Consultant in implementing the Mwache Dam RAP 1 and RAP 2 and hence have in-depth knowledge of the social setting of the Duruma community and their complex land tenure system. They are therefore well prepared to support the PAP community during the RAP 3 Implementation phase to ensure they have a safe landing in their new resettlement areas. This PMU team of experts will provide the management and technical support and supervision necessary to ensure successful RAP implementation. PMU is headed and all coordination meetings chaired by the Project Manager. 127 10.3 RAP Conveyance Consultant The project has engaged a legal conveyance consultant to address the issues with respect to land ownership rights which have significance on the ability by NLC to award and pay compensation. The Consultant is required to assist all Project Affected Households (PAHs) with succession issues (if necessary) alongside other legal related issues that may arise. The RAP Conveyance consultant reports directly to the KWSCRP/NPMU. 10.4 RAP Implementation Team The project will recruit a RAP Implementation Team (firm of experts) who will among other tasks lead in development of and implementing household level Livelihood Restoration Plans (LRPs) and communal LRPs in cases where a number of PAHs decide to relocate and resettle together; Provide support and assistance in relocating PAHs in accordance with their preferences and the commitments outlined in the RAP; Provide financial training to PAHs prior to receipt of cash compensation to help manage their compensation; Provision of business and vocation training opportunities to the PAHs; Ensure that livelihood support activities capitalize on the project benefits to the community, such as improved access roads, provision of irrigation and potable water to be provided under the project; Ensure that additional assistance is available and provided to people vulnerable to disproportionate harm due to the project; Prepare a working schedule for RAP implementation with appropriate budgetary provisions and coordinate with all other actors in the project area to ensure that the RAP implementation is sequenced with the needs of the project construction schedule. The RAP Implementation Team will report directly to the KWSCRP/NPMU. The RAP Implementation Team will also assist the RAP Implementation Steering Committee to adjudicate difficult claims and advise the NLC on a schedule of payments. 10.5 RAP Implementation Steering committee The large number of actors involved in the implementation of this RAP and the a typical arrangements under which cash compensation will be released under this RAP; there is a significant requirement for multi-stakeholder coordination and decision making. As such, RAP implementation will be overseen by a steering committee chaired by the Governor of Kwale County with the KWSCRP providing the secretariat. The committee will include CDA, Kwale county, KWSCRP, the NLC, the ministry of lands and planning, and the RAP implementation team. The steering committee will provide a forum for coordination and resolving problems associated with RAP implementation. In addition, the Committee will provide the RAP Implementation Team with guidance on how to proceed in any instances where they are unable to complete a Livelihood Restoration Plan for a particular household as a condition of release of cash compensation. Under the ongoing implementation of RAP 1, the Steering Committee has supported in resolving several resettlement and dam construction related grievance cases and issues which affected the PAPs community. 10.6 Safeguards Implementing Unit In addition, a Safeguards PIU has been constituted with the mandate of specifically managing and supporting the Mwache Dam RAP implementation related activities on a full-time basis. 128 The Safeguards PIU team will have 44 members who include all the above-described staff from the PMU, staff sourced from the CDA PIU, Kwale PIU, RAP Implementation and RAP Legal Conveyance Firms of Experts and Grievance Redress and Resettlement Committees. The Safeguards Project Implementing Unit will be the main RAP implementing unit and will be headed by the NPMU Social Safeguard Specialist. It was formed after it became clear that there will be many interrelated activities during RAP implementation phase and due to the anticipated need to timely initiate and manage the key RAP implementation activities, which will have to be performed prior to the start of construction/civil works. The PIU now awaits the clearance of the RAP so as to start its implementation. The RAP Implementation Firm will have overall responsibility of carrying out the day- to-day field activities of ensuring timely compensation and physical movement and resettlement of the affected households. One of the surveyors of the firm continuously work with NLC both at the head office in Nairobi and Kwale offices to ensure timely authentication of affected land ownership and processing of PAP payments. The sociologists will ensure that all the PAPs understand and provide the all the necessary documents required by NLC to enable processing of PAP payment. Another team of Safeguards PIU surveyors and sociologists will support the PAPs in the various ways as per the RAP entitlement matrix under the guidance of the firm’s team leader and supervision of the Social Safeguards Specialist. With regard to the implementation of the RAP, the PIU has the following responsibilities. 10.7 Communication and Coordination • Overall coordination with national and county government and with local authorities and funding agency with regard to the Project’s social and environmental issues • Implementation of the RAP and establishment of good and operational relations to affected communities • Communication and cooperation with County administrations as key actors with implementation of livelihood restoration programs • Communication and cooperation with local resettlement committees as key actors with implementation processes (i.e. compensation process, monitoring, identification of vulnerable people) • Communication and cooperation with the institutions involved in the compensation process and into training measures for affected people 10.8 Management of RAP Implementation • Ensure and monitor overall social and environmental due diligence within RAP implementation (national requirements, lenders requirements) • RAP Key Implementation Processes o Oversee and coordinate compensation process o Operate Grievance Mechanism o Operate Monitoring 129 • Managestaffrecruitmentprocessesandcontractingprocessesofexternalservice providers • Design of overall training plan for RAP implementation staff, oversee and coordinate implementation of plan 10.9 Change Management Communicate necessary changes of approach, particularly where substantial and material changes to the RAP might be envisioned or necessary (i.e. as consequence of monitoring results) to CDA and PMU (see below) for final decision-making 10.10Capacity building Facilitate and guide capacity building for authorities on different levels with regard to due diligence of Project management and due consideration of environmental and social safeguards. 10.11National Land Commission The National Land Commission (NLC) is an independent constitutional agency that has statutory powers to undertake compulsory acquisition of private or community land for public purposes or public interest. It performs these functions on behalf of the national government and county governments. The specific powers and functions of the NLC are set out in the National Land Commission Act 2012, and the Land Act 2012. Key roles of NLC in the implementation of this RAP will include: 10.12Summary Roles of NLC • Provide approval to request made by KWSCRP-PMU/Mwache Dam-PIU to acquire land for the Project; • Gazette all the PAHs • Notify PAHs in writing of the intention to acquire land; • Conduct asset valuation of all assets • Assist in resolving disputes related to compensation; • Undertake public consultation on intended acquisition; • Undertake actual payment of entitlement awards to PAHs • Acquire land on behalf of client; As noted previously, under this RAP the NLC will not release funds to PAHs until the minimum conditions for payment have been met in the form of a household level livelihoods restoration plan detailing all assistance to be provided under the project. 10.13Grievance Redress and Resettlement Committees The five (5) level Grievance Redress and Resettlement Committees provided for in section 9.6 of this RAP to ensure amicable review and settlement of grievances will also form part of the RAP implementation institutions. 130 10.14Ministry of Lands and Physical Planning The Ministry of Lands through the Registrar of Lands at Kwale County Lands Office will be responsible in issuance of all the titled lands to the PAHs based on the completion of the adjudication process. 131 11 RAP IMPLEMENTATION SCHEDULE The estimated construction duration is 24 months. However, the RAP implementation period and timelines will be approximately 1 year while some Stakeholder Engagement, Livelihood Restoration and Monitoring and Evaluation may last beyond the actual resettlement activities of 1 year. The schedule will be updated as required and additional tasks added where necessary. All activities in RAP implementation are listed below but these activities and schedules are estimated in terms of timelines and chronology. A RAP implementation consulting firm hired by the KWSCRP will prepare the actual RAP Implementation Schedule guided by tasks in a ToRs and the activities cited below as part of the inception phase. 11.1 Disclosure of RAP The RAP will be disclosed in English and the executive summary will be translated into Kiswahili and Duruma languages on the website of the following institutions namely: - RAP Disclosure Websites • Coast Development Authority • Ministry of Water & Sanitation and Irrigation • County Government of Kwale • World Bank external affairs website Hard copies will be made available in the same offices with additional copies availed at the following sites: RAP Disclosure Offices (hard copies) • Office of contractor • Office of Institutional Support Consultant (ISC) • Kwale Sub County Office • All locational offices affected by the project • All divisional offices affected by the project The RAP will be disclosed to the PAPs in Kiswahili, Duruma and English Languages as appropriately needed during meetings organized for RAP disclosure purposes at the village level. In addition, hard copies of the Executive Summaries will be distributed at the household level in either Kiswahili, Duruma and English Languages and PAHs will be left with at least a copy in the language of their preference. 11.2 Operationalize Grievance Mechanisms Grievance Redress and Resettlement Committees (GRRCs) at all the levels (village, location, sub county, county) will be established and operationalized and provided with training as required to execute their tasks. 132 11.3 Conduct Training Programme for Officials Capacity building of PIU team, members of county and sub county administration officials, local administration officials, and PAHs’ representatives will be carried out on various issues such as: delivering entitlement to the affected people; handling of grievances at periodic intervals. Orientation and refresher trainings periodically would be provided through the implementation period. This will be done by RAP Implementation Consultant. 11.4 Other RAP Implementation Activities Hold level meetings: Compensation and Relocation Committees (along with the Social Experts from CDA, KWSCRP, Kwale County) NLC as mandated by NLC Act will hold village, sub county and county level consultations to inform PAHs regarding entitlements, compensation, grievances etc. Entitlements will be disclosed privately to each PAH by NLC as provided for by NLC Act. Preparation of compensation entitlements: Based on the construction schedule, NLC with support from NPMU/PIU and resettlement and compensation committees shall prepare entitlement certificates for PAHs (letters of awards). Preparation of RAP database: A RAP database would be prepared and maintained by NLC as well as KWSCRP offices. All information regarding PAPs/PAHs such as quantum of land lost, trees, structures and other assets; information on each PAP such as income levels by source, occupation, livestock holdings, etc. shall be recorded. The RAP database would enable effective monitoring and evaluation, besides enable generation of periodic reports for submission to KWSCRP/MoWSI and World Bank. Develop special assistance plans for PAHs: KWSCRP and PIU and RAP Implementation Consultant shall development special assistance plans for the identified vulnerable households. Prior to preparation, the number of vulnerable households should be updated and finalized owing to: balance numbers identified from the survey of previously un-surveyed areas, any event such as death leading to change in vulnerability status. Payment of compensation and vacation of land: All payment of compensation will be made by NLC as provided by NLC Act. Payments will be made directly to PAP’s bank account no later before the date by which the land must be vacated. Upon payment by NLC, PAHs will be given 30 days’ notice as provided by NLC to vacate site before possession of site by client. The 30-day notice before vacation of site is to allow PAHs to prepare adequately for relocating if necessary. 133 Counsel on the judicious use of compensation amount: NLC, KWSCRP, PIU, County and Sub Administration, local administration (chiefs, assistant) and RAP Implementation Consultant shall counsel PAHs individually or in groups as required on the judicious utilization of compensation money. Relocation of PAHs to a new location: The PAHs will be given a specific time period to relocate from their current location to the new location. Internal Monitoring: The internal monitoring programme under PIU will commence soon after RAP approval. It shall record: a) progress made and record project inputs and the number of persons affected and compensated; and b) measure progress with involuntary resettlement against scheduled actions and milestones, using input and output indicators. Report with comments about activity progress will be prepared each week towards the monthly report and detailed quarterly will be sent to the KWSCRP. The monitoring results will be shared with the PAS/communities and accessible to all stakeholders. At the end of the fourth financial quarter a full annual report will be prepared including information on all project/output indicators and with a detailed analysis of achieved results and experience gained. Information compiled bi-annually shall be presented to the World Bank. Implement Income Restoration Activities: The RAP Implementation Consultant shall: update income and household data for inputs into the RAP database following which it shall carry out a skill assessment of PAHs interested, undertake a market assessment with respect to demand and potential, identify training sources and preparation of business plans, etc. Annual External Evaluation: RAP Implementation Consultant will undertake external audit on an annual basis to assess whether the project has met with the RAP objectives as a whole. Submission of RAP Implementation Completion Report: Upon completion of all Implementation activities, RAP Implementation Consultant will prepare completion report. 134 12 MONITORING AND EVALUATION OF RAP IMPLEMENTATION Monitoring arrangement for the Mwache Dam project will continuously be updated in consultation with various parties involved; the affected peoples by the project, contractor, GoK, and the World Bank. The monitoring process will follow culturally sensitive approaches that take into account differences in social locations, culture and livelihood systems. A key aspect of monitoring processes is to conduct meaningful consultations with affected people, during internal monitoring and independent monitoring by external monitoring groups. Monitoring of grievance resolution from all affected peoples is reflected through the grievance committee at different levels. Records of complaints and grievances will be kept and semi-annual monitoring reports will provide information on key issues raised by affected people. 12.1 Adaptive Management Approach This RAP will employ adaptive management approach in undertaking monitoring, supervision and evaluation throughout the implementation phases. Adaptive management is an explicit and analytical process for adjusting management decisions to better achieve management objectives. It is a learning tool which recognizes that knowledge about natural resource systems is uncertain, that not every scenario can before seen and that people change their minds during project implementation. Therefore, some management decisions are best been taken in a way that allows to reduce the risk arising from that uncertainty. Trials and iterative adaptations of plans based on monitoring and lessons- learned. The concept of adaptive management is readily understood because it represents “learning by doing”. However, actually implementing adaptive management is neither simple nor intuitive. This complexity stems from the large number of interconnected potential scenarios and related uncertainties. Advanced technologies can support organize the relevant information, simplify the analysis of the scenarios, and assist in the search for optimal solutions. Key features of adaptive management are: • Iterative decision‐making (evaluating results and adjusting actions on the basis of what has been learned). • Feedback between monitoring and decisions (learning). 12.2 Internal Monitoring and Reporting The RAP requires Mwache Dam/PIU to engage in continuous-active and comprehensive self-monitoring of the activities related thereto all adverse impacts, and compliance. Starting from the beginning of preliminary works and consequent construction phase Mwache Dam PIU will be responsible for monitoring the infrastructure construction of the resettlement areas and will establish a monitoring group for this purpose. The monitoring staff will report regularly to the KWSCRP safeguards unit of the NPMU. Self-monitoring and reporting by the Mwache Dam PIU to KWSCRP is intended to be the chief (but not exclusive) means of ensuring compliance by the Mwache Dam PIU with its obligations. 135 12.3 Monitoring of Construction Activities The Mwache Dam PIU will undertake, on daily basis, a compliance monitoring of the contractors’ environmental and social activities as per the RAP, Environmental, Health, and Safety guidelines, the approved Environmental Management and Monitoring Plan, sub plans and site-specific environmental plans prepared by the contractors. The contractors are also required to report to the developers about their progress, their monitoring system and their monitoring data on a monthly basis. 12.4 Monitoring of Resettlement Activities and Measures To closely follow actual social impacts by the resettlement activities, including compensation of affected households, appropriate monitoring and feedback of monitoring outputs will be conducted. The project aims to have all resettlement and livelihood restoration activities well in place before impacts occur during project operation phase providing affected households with opportunities for cropping. The Mwache Dam PIU will monitor not only its own progress in resettlement and compensation activities for affected households against an agreed schedule, but also the changes in household income (cash and imputed) from affected land uses, as well as from livelihood restoration and development activities. Table 17: RAP Monitoring Indicators Item Indicator Variable Impact Aspect Land Utilization of • Land Ownership (Private, Loss of the land Government or Community) Agricultural Produce • Type of land use (Farming, Residential, Fallow) • Area of land acquired Loss of Acquisition homestead • Area of land acquired for project infrastructure developments Size of remaining • Size of land being used as for intended compared to before purpose Structures/Buildings Acquisition of • Building type, quality and Displacement of buildings use (residential, commercial PAHs etc.) Displacement of • Number, type and size of sources of buildings (residential or income Commercial) • Standard of building constructed compared to previous one Acquired • Number, type and size of Loss of use of structure other private structures structure acquired 136 Item Indicator Variable Impact Aspect • Number, type and size of other community structures acquired • Standard of the new structure • Use of the acquired structure Trees and Crops Acquisition of Number, size and type of trees Loss of canopy Trees cut Loss of income from sale Loss of Crops Type of crop and acreage of Loss of food crop crop loss Compensation, Re- Compensation, • No. of compensated PAHs, Disruption of establishment and Resettlement type of loss and amount paid settlements Rehabilitation and Restoration of • No. of constructed affected replacement buildings persons • Number, type and size of replacement houses constructed • Period between compensation and beginning of civil works Government • Number of community Disruption of and buildings replaced community Community services Resources • Number of Government, Community land compensated • Number of seedlings supplied by type for community trees • Number of trees planted and their survival rate Consultations Consultation • Number of public programme consultations related to operation resettlement held and their minutes • Type of issues raised at public consultation meetings • Number of participants attending public consultation meetings related to resettlement 137 Item Indicator Variable Impact Aspect Information • Level of access to information by PAHs • Number of communication documents provided to PAHs and their subject matter (Health, Education, Security etc.) dissemination • The extent of information flows between grievance committees and Mwache Dam/PIU • RAP/Entitlement information access by PAHs • Number of people seeking information on resettlement and compensation Grievances • Number of grievances resolved registered by type • Number of grievances resolved • How quickly the grievances were resolved • Number of cases referred to court Training Operation of • Number of youth, women training PAHs trained programme • Number of training grievance committees has undertaken • Number of affected populations trained on livelihood restoration Livelihood Livelihood • Employment status of Restoration improvement economically active members of PAHs • Level of skills of PAHs members • Earnings/income by source, separating compensation payments of PAHs • Pre- and post-disturbance changes to agriculture and 138 Item Indicator Variable Impact Aspect off-farm income-earning activities • Amount and balance of income and expenditure • Access to income- generating natural resource base (wood, grass, sand, stones) • Number of vulnerable persons benefiting from livelihood restoration programs. • Status of vulnerable people as compared to their initial situation. • Number of people or groups assisted to improve their livelihood Management Staffing • Number of KWSCRP officials available by function for resettlement • Number of local organizations by function • Number of office and field equipment by type Procedures in • Census and asset operation verification/quantification procedures in place • Effectiveness of compensation delivery system by NLC • Number of land transfers effected 12.5 External Monitoring and Reporting 12.5.1 RAP Audit Consultant The project will recruit a RAP Audit Consultant (firm of experts) who will conduct external monitoring as part of its core function. The RAP Audit consultant will undertake Compliance and Completion Audit. The purpose of the compliance/completion audit is to determine whether the Project has met its RAP commitments and can be released from further responsibility. 139 Hence, the independent compliance and completion audit will focus on the assessment of compliance with the commitments of this RAP, the relevant Kenyan legislation and the WB Policies. The purpose of the compliance/completion audit is to determine whether the Project has met its commitments and can be released from further responsibility. Hence, the independent compliance and completion audit will focus on the assessment of compliance with the commitments of this RAP, the relevant Kenyan legislation and the WB Policies. The compliance and completion audit will be performed about one year after completion of RAP implementation, including the completion of the livelihood restoration programs. The compliance reviews will concentrate on: - • Overall compliance with applicable legislation, international requirements and commitments of this RAP • Compliance with the eligibility criteria described in this RAP • Actual delivery of entitlements as described in this RAP • Compliance with implementation mechanisms described in this RAP • The completion audit will assess if all activities needed to achieve compliance were implemented and whether compensation (and resettlement) and livelihood restoration activities can be deemed complete. A key objective of this RAP is that compensation and livelihood restoration measures should lead to sustainable restoration or enhancement of affected people’s quality of life and income levels. At the time when affected people’s quality of life and livelihoods can be demonstrated to have been restored, the RAP process can be deemed as completed. The RAP completion audit will be conducted upon completion of compensation of all the PAHs and delivering all the entitlements outlined in the RAP. 12.5.2 Disclosure of Monitoring Reports KWSCRP will consolidate monitoring internal with key findings from the on-going monitoring and agreed actions taken to address any issues arising during the monitoring period. This monthly progress review will ensure that important issues are immediately rectified. KWSCRP will prepare quarterly monitoring reports, the monitoring indicators and format to be agreed with the World Bank, on Mwache Dam implementation and submit this to World Bank for review. 12.5.3 Independent Environmental and Social Panel of Expert The KWSCRP has recruited Environment and Social (E&S) Panel of Experts who will work with the Dam Panel of Experts (DPE) to: ensure due diligence and E&S risk management on the projects,; (b) provide independent review of safeguards documents and advise in safeguards preparation and implementation (c) provide high level independent advice and guidance to support objectivity and credibility in the E&S risk management process, and (c) share technical expertise and knowledge and so contribute to dialogue amongst consultants, the Government of Kenya (National and County), KWSRCP/NPMU, PIU and other relevant stakeholders. 140 13 RAP BUDGET The total budget for RAP 3 is Kshs. 219,885,365 including disturbance allowance and livelihood restoration, conveyancing and succession and grievance redress. In addition, administration cost of 15 per cent for the RAP implementation and monitoring and evaluation has been considered. All costs associated with this RAP as highlighted in Table 18 below will be met by KWSCRP-PMU. However, the total costs of the RAP are bound to change as the unit prices will further be reviewed by NLC at the early stage of implementation to reflect the market prices and/or value and hence full replacement cost at that time. Table 18: Summary of Compensation Estimates due to be paid to PAPs under RAP 3 Value for Value of Value for Value of structures, Affected Trees & Value of Disturbance Estimated Land fences Business Live hedges Affected Allowance @ Compensation Road (Ksh) (Ksh) (Ksh) (Ksh) Assets (KSh) 15% (KShs) Cost (Ksh) A 233,027 20,000.00 20,000 13,000 286,027 42,904 328,931 D 1,295,943 70,000.00 0 0 1,365,943 204,891 1,570,835 E 91,453,742 14,401,200 180,000 6,404,100 112,439,042 16,865,856 129,304,898 TOTAL 92,982,713 14,491,200 200,000 6,417,100 17,113,652 131,204,665 Table 19: Total RAP budget # Description of RAP Cost Items Cost In KSh 1. Land 92,982,713 2. Structure 14,491,200 3. Loss of business income 200,000 4. Trees 6,417,100 5. Sub- Total 1 114,091,013 6. Disturbance allowance (15%) 17,113,652 7. Sub-Total 2 131,204,665 8. Livelihood restoration programme 15,000,000 9. Conveyance /succession lawyer 30,000,000 10. Independent completion audit 10,000,000 11. Facilitation for Grievance Redress committee 5,000,000 12. Sub-Total 3 60,000,000 13. Sub –Total 2 + Sub-Total 3 191,204,665 14. Contingency (15% of total RAP cost) 28,680,700 15. Grand Total/ RAP 3 Implementation Budget 219,885,365 13.1 Actions to be taken by the government i. Prompt payment of compensation: The Government has set aside the funds to compensate the PAPs within the scheduled timeframe. ii. Human resources: Successful implementation of this RAP requires adequate human resources and the MoWSI is making preparation to have a RAP 3 Implementation Consultant and the Livelihood Implementation Consultant to begin implementing the RAP 3 upon approval by WB. To this effect, the government has a Social Safeguards Specialist who will guide and supervise the implementation of this RAP. 141 14 REFERENCES 2019 Kenya Population and Housing Census Volume 1 A Population Distribution by Administrative Units; August 2020; by KNBS Kwale County Integrated Development Plan (2018 – 2022) Constitution of Kenya, 2010 IFC (2002), Handbook for Preparing a RAP, International Finance Corporation, 2121 Pennsylvania Avenue, NW, Washing, DC 20433 USA. RAP Report 2 RAP Report 3 RAP Reports 1 Republic of Kenya, Ministry of Lands, Sessional Paper No.3 of 2009 on National Land Policy, August 2009. Republic of Kenya, The Land ACT, 2012 Republic of Kenya, The Land and Environmental Court Act 2011. Republic of Kenya, The Land Registration Act 2012 Kwale County Agricultural Sector Development Strategy: 2013 – 2022 by Kwale County Government Well – Being in Kenya a Socio- Economic Profile: 2020; by KNBS World Bank (2004), Involuntary Resettlement Policy 4.12 (Revised April 2004). 142 ZAMCONSULT CONSULTING ENGINEERS LTD ANNEXES ANNEX I: VALUATION ROLL RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX II: LAND ACQUISITION DATA (PLANS/ MAPS AND AREA LIST) RAP Report – Mwache Access Roads LAND ACQUISITION PLANS - INDEX MAP 7 8 6 9 5 G E 10 1 4 5 4 7 F 6 11 2 3 2 12 A 1 H 13 D 3 C 14 B 15 KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9560500 558500 9561000 9561500 649 651 667 662 114 590 112 Title No. Registered O wner Affec ted Area (Ha) Remarks 731 649 H 118 116 650 12 6 Kwale/Mazeras/562 Fulugani Full Primary 0.5224 8 573 577 11 668 School 122 6 108 730 10 102 647 553 Kwale/Mazeras/561 Pefa Church Filugani 0.0217 8 98 13 669 11 Kwale/Mazeras/920 Suleiman Ahmed Ali 0.0100 1226 583 8 124 124 Mohamed Kwale/Mazeras/563 Ngala Chitumbo Ndeme 0.2913 13 92 1305 1178 559000 108 6 104 108 1304 88 572 781 104 68 56 566 84 558500 569 96 1150 4 1287 11 82 8 12 86 598 H 1166 805 98 106 102 134 1190 1288 116 1289 1153 1190 1152 112 A 563 122 138 128 602 968 561 126 562 132 1190 587 920 14 14 4 921 8 126 1189 922 560 4 603 15 597 601 923 1164 128 1232 156 1188 588 589 1310 599 124 162 600 927 108 2 469 10 118 4 539 11 168 929 559500 644 928 166 643 642 540 166 2 17 104 559000 102 98 88 136 9561500 92 541 849 112 122 930 1212 164 158 76 943 82 74 1213 86 942 2 13 96 638 78 152 62 66 142 116 58 931 941 12 8 106 637 4 1211 142 11 9560000 13 11 56 8 8 146 6 962 64 84 12 13 4 14 6 961 72 132 138 124 12 138 2 247 98 9560000 559500 9561000 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts 1:5,000 " Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba A-01 1 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 559500 560000 560500 Affec ted Registered O wner Area (Ha) 14 Title No. Remarks 16 2 162 8 6 16 148 164 138 158 8 16 154 146 9562000 166 174 A 9562000 17 152 2 164 166 162 158 15 2 154 4 15 14 8 152 16 6 9561500 9561500 156 144 158 142 152 154 132 136 166 156 158 13 146 8 2 17 122 156 118 13 168 4 134 4 16 559500 560000 560500 0 Ground Controls Bridges Culverts Existing Road Contour Proposed Road Corridor Centreline Railway 1:5,000 " Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba A-02 2 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 557000 557500 558000 9559500 1458 4 3 92 1135 112 Title No. Registered O wner Affec ted Area (Ha) Remarks 6 2 978 1134 118 16 10 4 20 32 Kwale/Mnyenzeni/1825 Galuka Dalu Mphurya 0.4446 10 116 7 1131 5 54 1136 108 Kwale/Mnyenzeni/1823 Mungaro Mbawa Mbinu 0.1715 21 1132 42 106 72 Kwale/Mnyenzeni/1821 Mbaji Kwale Nyondo 0.1343 2 19 102 11 1121 6 88 10 Kwale/Mnyenzeni/1820 Galuka Dalu Mvurya 0.2693 98 54 1 1133 Kwale/Mnyenzeni/1813 Mbovu Mphuria 0.2900 96 15 17 34 Bemwanakama 11 1128 1117 4 56 44 12 72 1814 28 26 92 38 102 54 1130 2 86 4 10 14 13 10 8 10 74 1127 88 A 36 48 76 979 980 68 1124 96 82 78 1123 52 1815 1102 10 1129 4 48 58 1903 9559500 0 1126 86 36 98 84 1899 1811 64 102 92 24 34 1111 44 1816 92 1900 64 74 1898 1125 1112 1902 11 86 2 1110 58 4 11 1103 106 84 1901 22 78 72 74 84 1817 38 46 1819 126 1811 66 558000 9559000 1104 1902 62 104 1842 1115 1818 1810 56 C 2843 96 D 76 72 4 12 556500 1844 1843 42 1115 52 1841 1784 1847 1844 136 66 104 1789 98 1813 102 132 88 1846 1845 1105 142 128 1809 146 1790 28 1820 1812 26 144 106 1106 10 1824 2839 1791 8 118 62 1849 1808 1783 1793 152 1821 148 1808 1806 4 1823 2834 32 13 1854 9559000 1757 82 1792 1825 122 1807 1794 1837 1805 1825 154 11 6 6 1749 8 16 13 1822 1803 1798 1756 1799 2835 8 1804 1748 1826 15 2862 1 62 1800 1797 1796 1795 156 1827 1755 1747 1836 1839 1781 1782 1827 1828 1838 1802 1788 1779 1781 B 1946 1762 1754 1838 1801 1777 158 164 1780 1745 1861 1944 1945 1949 1753 1744 6 1862 1829 1840 1776 1778 15 1743 1746 2840 556500 557000 557500 0 Ground Controls Bridges Culverts Existing Road Contour Proposed Road Corridor Centreline Railway 1:5,000 " Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba D-01 3 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9563500 9563000 9562500 126 128 126 102 Affec ted 106 134 Title No. Registered O wner Area (Ha) Remarks 138 142 Kwale/Mazeras/42 0.1661 136 134 13 106 310 2 11 126 10 6 2 558000 14 109 110 6 2 14 13 6 2 829 13 122 1041 558000 112 152 313 4 170 128 14 132 153 8 1528 13 113 219 126 237 10 2 217 156 134 150 646 414 378 316 243 1073 1047 415 1090 838 376 1046 138 92 417 825 1223 1187 412 418 42 96 403 41 557500 E 405 20 40 139 148 224 88 36 429 5 4 39 10 171 557500 1097 37 86 1075 827 128 1142 239 35 4 13 227 11 835 4 92 1196 136 1194 832 98 10 8 138 876 124 1159 98 443 996 399 8 843 103 11 348 232 128 1200 108 4 136 138 13 90 10 106 6 88 181 9563500 9563000 9562500 0 Ground Controls Contour Bridges Proposed Road Corridor 1:5,000 " Culverts Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-01 4 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9565000 557500 9564500 558000 134 Affec ted 12 132 136 6 Title No. Registered O wner Area (Ha) Remarks 136 138 138 132 6 12 128 6 Kwale/Mazeras/41 0.3294 13 134 132 Kwale/Mazeras/39 0.0084 13 Kwale/Mazeras/40 0.2920 13 4 13 124 8 6 Kwale/Mazeras/36 0.2712 13 8 136 Kwale/Mazeras/5 0.2204 142 4 13 128 Kwale/Mazeras/1098 0.0688 138 558000 Kwale/Mazeras/12 0.1144 144 Kwale/Mazeras/20 0.6533 9564000 122 132 Kwale/Mazeras/18 0.0059 138 Kwale/Mazeras/15 0.0300 146 D49 Kwale/Mazeras/13 0.6429 557000 Q378 126 Kwale/Mwavumbo/D49 0.0019 Q379 Kwale/Mwavumbo/D36 0.1864 14 142 HASSAN MAMBO MGANDI, 4 Kwale/Mwavumbo/C9 SALIM MWATSAHU MGANDI 0.2588 C11 Q380 Kwale/Mwavumbo/D35 0.0418 C10 D34 126 Kwale/Mwavumbo/C10 SINAGO JIRA KATEMBE 0.3204 E D36 D35 Kwale/Mwavumbo/Q380 SAID KIMBOJA NGARE 0.1771 C12 Kwale/Mwavumbo/C13 CHITOJA MWANZARA BAYA 2 14 0.0390 11 Kwale/Mwavumbo/C11 KANONA MAMBO KANONA 0.3638 C13 136 108 Kwale/Mwavumbo/C12 SAIDI MAMBO KANONA 0.0072 18 Kwale/Mwavumbo/C4 RAMADHAN MAMBO KANONA 0.8152 C9 15 SAID MAMBO KANONA Kwale/Mwavumbo/C3 0.1080 136 Kwale/Mwavumbo/C5 NJIRA MAMBO KANONA 0.0177 C3 13 C4 825 4 NJIRA MAMBO KANONA 2 C14 Kwale/Mwavumbo/C7 0.2972 118 13 13 Omari Baya Kombo, Julius Jira 827 824 826 9565000 8 810 Kwale/Mwavumbo/C28 Mwatsahu 0.6163 P3 12 11 114 20 MTOTI KOE NDAWA 6 Kwale/Mwavumbo/A2 1.1261 811 809 823 807 20 Kwale/Mwavumbo/A3 Saidi Gundi Jira 0.8967 P3 C7 124 808 806 C28 C5 181 12 12 12 C28 2 1098 182 102 5 142 36 A2 1099 104 183 1097 40 41 184 42 186 1155 2 188 12 35 8 820 185 37 39 557500 187 6 190 10 3 6 138 14 822 193 556500 92 G 1 98 566 96 144 8 399 14 821 124 13 4 189 92 197 191 192 96 200 736 114 6 443 98 194 14 88 6 11 556500 9564500 9564000 557000 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts Centreline 1:5,000 " Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-02 5 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9566000 556500 9565500 557000 156 146 14 152 8 138 Affec ted 6 14 Registered O wner Area (Ha) 148 Title No. Remarks 146 6 142 13 Kwale/Mwavumbo/A20 KHAMISI MGALA BANJU 144 0.2291 2 Kwale/Mwavumbo/C1686Omari Zani Ndurya 15 2.3950 144 Kwale/Mwavumbo/C114 WILLIAM JIRA KATEMBE 0.9999 136 146 142 138 138 4 Kwale/Mwavumbo/C100 Wilfred Banju Chigamba 0.3174 P3 14 Kwale/Mwavumbo/C101 DALU CHIGAMBA MBOVU 0.2939 148 Kwale/Mwavumbo/C103 MWATSAHU JIRA MGALA 0.0372 148 Kwale/Mwavumbo/C156 Gabriel Mwandoro Nyamawi 0.5660 P3 5570009565000 142 Kwale/Mwavumbo/C156 GABRIEL MWANDORO NYAWI 0.5660 MWACHIRU MWANGO Kwale/Mwavumbo/C152 CHOMBO 156 0.0479 556000 138 146 154 144 128 E C114 4 12 9566000 C1686 C104 C28 132 2 A16 12 C28 13 6 A2 6 C101 12 13 C152 4 C103 C100 C167 112 C156 C100 820 C158 116 A3 A3 10 8 4 C155 11 C156 220 C155 A20 229 822 218 226 102 114 228 193 8 10 219 821 C157 C156 222 104 223 211 204 230 227 217 212 6 10 197 213 86 108 782 200 225 217 194 98 555500 224 9564500 556500 4 G 10 6 216 195 11 11 10 2 221 783 210 4 B173 92 88 201 196 214 206 207 198 86 106 202 106 232 215 92 199 118 2 114 96 108 88 12 96 1090 84 555500 9565000 556000 9564500 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts Centreline 1:5,000 " Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-03 6 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 555500 555000 554500 12 227 126 4 136 13 4 136 148 Affec ted 124 134 Title No. Registered O wner Area (Ha) Remarks 144 146 230 118 Kwale/Mwavumbo/C155 NZEMBE NYAMAWI MBOVU 0.6972 96 9565500 C156 Kwale/Mwavumbo/C157 ANDERSON CHONE MWANGO 0.2890 MWANGO CHOMBO C156 104 132 142 Kwale/Mwavumbo/C158 MWANGO 0.2494 98 Kwale/Mwavumbo/C159 NZADZE KALU MWANGO C156 102 0.0110 138 Kwale/Mwavumbo/C164 NZOLE MWACHIRU MWANGO 0.0074 10 Kwale/Mwavumbo/C161 UMAZI TSUMA MWANGO 0.4944 136 6 C155 Kwale/Mwavumbo/X649 Ngome Tsuma Mwango 124 0.3097 C155 108 Kwale/Mwavumbo/C162 MWANGO CHITI MWACHIRO 0.0576 136 D404 Kwale/Mwavumbo/ U37 Zawadi Karisa 0.1478 C157 D405 128 Kwale/Mwavumbo/B108 BECHOME NGUMBAO BASHA 0.1825 Kwale/Mwavumbo/ U38 Mshenga Kabindo 0.0026 C167 118 C159 Kwale/Mwavumbo/ 0.0902 124 D403 Kwale/Mwavumbo/B113 KADOTI TSUMA CHAKA 0.0261 128 C158 D407 D402 Kwale/Mwavumbo/ U47 Jumaa Bechome 0.0200 C164 Kwale/Mwavumbo/ U48 Tsuma Chaka Mwamkono 2 0.0497 14 142 D401 Kwale/Mwavumbo/B115 DANI CHAKA DANI 0.2694 D408 Kwale/Mwavumbo/ U49 Chaka Dani Chaka 0.3086 C161 M 124 2 Kwale/Mwavumbo/ U51 Chaka Tsuma Chaka 12 0.0586 6 C162 U38 12 9566000 U37 U47 Kwale/Mwavumbo/B116 RAI TSUMA CHAKA 0.2106 14 4 Kwale/Mwavumbo/D417 NGOA NDORO CHAKA 0.0250 X649 D414 112 Kwale/Mwavumbo/B124 NDAIKWA CHIMERA SHUMBA 0.0456 U48 U49 B108 Kwale/Mwavumbo/D416 ABDALLA CHAKA NYAE 0.0588 13 4 D416 Kwale/Mwavumbo/B125 MDUNE PEFA CHURCH 0.1301 D415 B109 B113 E D417 M 125 Kwale/Mwavumbo/D415 RAI NYAE CHAKA 0.0699 B112 U51 B415 9566000 Kwale/Mwavumbo/B414 GRAVE YARD 0.0434 B115 B414 Kwale/Mwavumbo/D414 SHEHI BECHOME MWALIMU 0.1040 116 B125 Kwale/Mwavumbo/B415 PUBLIC UTILITY 0.3472 114 138 Kwale/Mwavumbo/D408 RAJAB MWAJOWA BECHOME 0.2318 B124 Simon Nakale Mshenga Kwale/Mwavumbo/M 125 0.0771 B116 116 132 126 12 6 118 122 124 124 12 132 9566500 132 2 128 2 128 12 4 126 12 126 4 8 13 8 6 124 12 12 12 555500 555000 9566500 554500 " 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts Centreline 1:5,000 Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-04 7 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9565500 554500 554000 9565000 553500 Affec ted Title No. Registered O wner Area (Ha) Remarks 4 16 13 Kwale/Mwavumbo/D401 SHEHI KOMBO SHEHI 0.0928 8 162 6 13 Kwale/Mwavumbo/M 124Mwadiga Mshenga 0.2143 156 Simon Nakale Kwale/Mwavumbo/M 114 0.2422 148 158 15 Emmanuel Kabido Mshenga Kwale/Mwavumbo/M 149 0.1261 4 Alice Mbeyu Mshenga Kwale/Mwavumbo/M 113 0.0525 14 13 4 Tabu Mshenga Kwale/Mwavumbo/M 112 0.0469 8 2 13 15 Kwale/Mwavumbo/M 111 0.2117 6 13 Kwale/Mwavumbo/M 111 0.2117 4 126 Mwaka Kabindo Kwale/Mwavumbo/M 148 0.1408 144 Kwale/Mwavumbo/M 109 0.0549 554500 13 Kanga Muhindi Kombo And 3 6 122 Kwale/Mwavumbo/D726 Others 0.0078 134 Kwale/Mwavumbo/D727 Umazi Omar Mvurya 0.0243 Kwale/Mwavumbo/D733 JUMAA CHARO WANGONI 0.0103 D405 M 148 132 146 Kwale/Mwavumbo/ 0.1564 D404 116 11 Kwale/Mwavumbo/D734 NDEGWA SOMBO BUMBA 0.0310 4 Kwale/Mwavumbo/D738 YUSUF SOMBO CHIRUNGA 0.1970 C525 F476 D408 D407 Kwale/Mwavumbo/A656 YUSUF SOMBO CHIRUNGA 0.1384 D403 Kwale/Mwavumbo/A408 Dalmas Mwadalu Dalu 9565000 C524 C527 F477 0.5175 F475 D738 A656 C523 Kwale/Mwavumbo/C523 SALIM MUNDALU MWATELA 0.1323 D402 M 149 C526 Kwale/Mwavumbo/C524 JUMAA CHARO WANGONI 0.0224 D401 D726 D735 Kwale/Mwavumbo/C526 ALI MATAZA MWARUWA 0.0315 B415 D733 E230 Kwale/Mwavumbo/C527 UMAZI OMAR MVURYA 126 0.0254 D727 D734 Kwale/Mwavumbo/F475 Mangale Nyamawi Mrabu 0.1178 14 2 E M 125 146 2 14 9566000 M 114 A408 M 109 M 124 M 113 128 M 111 118 148 A407 132 553000 M 112 118 134 6 15 2 12 152 128 8 15 138 12 4 12 4 15 6 12 2 15 6 154 134 554000 9566000553500 553000 9565500 0 Ground Controls Bridges Contour Proposed Road Corridor " Culverts Centreline 1:5,000 Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-05 8 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 553500 9564500 553000 9564000 552500 122 122 B575 Affec ted 11 Title No. Registered O wner Area (Ha) Remarks 128 4 124 8 12 132 13 116 2 Kwale/Mwavumbo/F476 Said Jumaa Mwadukwe 0.0389 118 13 Kwale/Mwavumbo/E230 Mangale Jumaa Mwadupe 0.1198 122 126 6 2 Kwale/Mwavumbo/F477 Mataza Mrabu Chondo 0.2522 11 134 553500 Kwale/Mwavumbo/E229 Matano Mwadukwe Chondo 0.0510 Kwale/Mwavumbo/F478 Mungumi Chondo 0.0556 108 128 6 10 Kwale/Mwavumbo/ 0.1725 132 126 Kwale/Mwavumbo/ 0.0003 126 Chizama Mndalu, Kadzoyo Kwale/Mwavumbo/F482 Mndalu Mrabu 0.0003 12 11 9564000 Chizama Mndalu, Kadzoyo 4 8 Kwale/Mwavumbo/F482 Mndalu Mrabu 0.0750 136 Kwale/Mwavumbo/E226 Mwero Callist Nyamawi 0.3861 126 9565000 Kwale/Mwavumbo/ 0.1103 142 Kwale/Mwavumbo/F496 Kadzoyo Chondo 0.0033 146 Kwale/Mwavumbo/F497 Kwekwe Bongo Chikoko 0.0001 8 Kwale/Mwavumbo/E222 Kache Chikoko Chikoko 114 0.1702 11 F496 Kwale/Mwavumbo/E221 Emmanuel Bongo Jabu 0.3464 F497 152 Ramadhani Chondo Mrabu, C525 Kwale/Mwavumbo/E227 Jabu Mrabu Chondo 0.3963 F476 Kwale/Mwavumbo/E219 0.1617 C524 6 15 F475 Kwale/Mwavumbo/X794 0.1367 C526 F481 E309 F477 E308 Hamisi Mtaza Mrabu, Kanga C527 Kwale/Mwavumbo/E223 Tsuma Mumbo 0.0435 E X794 F482 15 F478 X793 Kwale/Mwavumbo/E225 Nyiro Mwatsuma Masha 0.0368 146 122 8 Kwale/Mwavumbo/X793 0.1608 A408 E222 E219 KHAMISI NYAMAWI NYAE Kwale/Mwavumbo/H74 0.0302 X775 E221 E223 Kwale/Mwavumbo/ 0.1785 E230 E227 C1723 E229 H61 E220 E224 H74 552000 A407 E226 E225 154 128 146 122 148 H67 134 138 H68 4 12 144 9564500 8 154 14 122 553000 152 13 4 15 156 8 136 156 138 136 158 9565500 552500 9565000 552000 Contour 0 Ground Controls Bridges Proposed Road Corridor " Culverts Centreline 1:5,000 Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-06 9 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9564500 552500 9564000 553000 E227 E227 E308 122 114 323 Affec ted E220 106 Title No. Registered O wner Area (Ha) Remarks 327 108 813 108 4 328 TSUMA TUNGWA NYAMANI 14 E219 104 324 Kwale/Mwavumbo/C1723 0.0210 2 104 325 15 9563500 114 Kwale/Mwavumbo/X775 Hamisi Nzao Rua 0.1417 6 98 14 8 15 E224 11 102 Kwale/Mwavumbo/H61 NYANJE RUWA NYANJE 0.0282 2 98 814 326 Kwale/Mwavumbo/X774 Gereza Mwero Mwangome 0.2228 154 E223 X794 329 124 Kwale/Mwavumbo/H64 GEREZA MWERO MWANGOME 0.1985 144 815 330 Kwale/Mwavumbo/X770 Nyamvula Nzai Goni 0.6116 E225 816 817 Kwale/Mwavumbo/X773 Idd Said Mwarema 0.3002 331 1270 818 Kwale/Mwavumbo/X772 Mkala Jawa Mkala 0.2149 C1666 118 552000 9564500 Kwale/Mwavumbo/B541 DENA JAWA MKALA 0.1249 144 C1750 819 332 Kwale/Mwavumbo/X779 Dukwe Ngala Ndilo 0.1803 X793 C1667 Kwale/Mwavumbo/X780 Luvuno Mzungu Kaingu 0.0316 1271 C1751 C1668 ALI HAMISI DZAYA 92 H74 1486 Kwale/Mwavumbo/B558 0.1664 148 Kwale/Mwavumbo/X781 Mrabu Mzungu Dzombo 0.5130 122 828 156 Kwale/Mwavumbo/B559 KANZE MANGALE MWAHANJE 0.1078 1277 134 H67 333 JUMA KALINGE CHIMERA Vs Kwale/Mwavumbo/B560 MWAMBA MZUNGU DZOMBO 0.0671 553000 156 ALII KADENGE Vs DANIEL B572 B570 829 H68 X775 Kwale/Mwavumbo/B557 DZOMBO MZUNGU 0.1497 128 C1669 98 B570 102 H61 C1723 138 U967 1487 Kwale/Mwavumbo/B561 YUSUF NYANJE KADENGE 0.0267 C1670 Kwale/Mwavumbo/B556 ALII KADENGE 0.8394 B571 830 154 128 Kwale/Mwavumbo/B567 MUNGA KANYAMA MUNGA 0.1157 B571 334 Kwale/Mwavumbo/B569 JUMA KADENGE CHIMERA 0.2682 H64 Kwale/Mwavumbo/B571 NDILO KAINGU MZUNGU 0.3460 106 B575 106 Kwale/Mwavumbo/B571 NDILO KAINGU MZUNGU 0.3460 X774 104 Kwale/Mwavumbo/B572 DZOMBO CHIVATSI DZOMBO 0.0328 Kwale/Mwavumbo/B570 NDILO KAINGU MZUNGU 0.2951 831 1272 X778 335 Kwale/Mwavumbo/B570 NDILO KAINGU MZUNGU 0.2951 B557 B569 Kwale/Mwavumbo/C1751 MZUNGU DZOMBO KATAMA 0.1869 2 10 13 Kwale/Mwavumbo/C1750 MUPA MRABU KATAMA 0.0181 94 B556 6 X780 Kwale/Mwavumbo/U967 Kauli Mazera Nyamawi 0.1319 148 X770 X781 11 E 336 Kwale/Mwavumbo/828 Mbui Mazera Nyamawi 0.3080 Vacated X773 6 136 1278 MBUI MAZERA NYAMAWI 142 Kwale/Mwavumbo/C1668 0.3080 B560 Ismail Chitondo Mazera,Kauli X779 B568 B567 96 Mazera Nyamawi,Rajab* 108 Kwale/Mwavumbo/829 0.1514 Vacated B561 832 337 B559 Kwale/Mwavumbo/C1669 ISMAIL CHITONDO MAZERA 0.1514 92 1279 Kauli Mazera Nyamawi,Alii X772 338 B558 833 Kwale/Mwavumbo/830 Nyamawi Mazera,Ismail C* 0.0176 Vacated 158 KAULI MAZERA NYAMAWI B541 1280 Kwale/Mwavumbo/C1670 0.0176 152 834 340 Kauli Mazera Nyamawi, Alii B542 9563000 Kwale/Mwavumbo/334 Nyamawi Mazera, Ismail* 0.2924 Vacated 339 Ismail Chitondo Mazera, Kauli MV006 12 6 Kwale/Mwavumbo/333 Mazera Nyamawi, Raj* 0.0011 Vacated 15 Kwale/Chigato/1487 Julius Muzungu 0.1916 2 341 14 Kwale/Chigato/1272 Luphande Boso Nyawa 0.9732 Vacated 14 8 2 154 146 142 96 10 344 146 2 342 14 144 138 4 343 551500 8 134 8 13 98 13 148 13 132 6 345 138 132 380 379 551500 9563500 552000 9563000 552500 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts Centreline 1:5,000 " Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-07 10 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9563000 553500 9562500 9562000 320 1205 1242 992 1428 993 966 966 944 982 984 899 Affec ted 322 1204 985 124 1201 601 92 92 Registered O wner Area (Ha) 323 Title No. Remarks 98 1202 1203 Kalimbo Koikoi 901 Kwale/Chigato/1278 0.0124 Vacated 88 1199 6 324 965 939 943 915 Kalimbo Koikoi 10 Kwale/Chigato/1278 0.3008 Vacated 1292 128 1200 106 132 Kwale/Chigato/1279 Luphande Boso Nyawa 0.1488 Vacated 144 981 908 553500 12 Nyawa Mgamda 136 Kwale/Chigato/1273 0.0102 Vacated 1285 122 126 909 2 916 Kwale/Chigato/1280 Rama Ngome 0.0210 Vacated 1286 940 Kasssim Ngome Mrinzi 126 Kwale/Chigato/1274 0.2512 Vacated 138 1291 938 1211 Kwale/Chigato/1275 Mwinyi Nyota Ngome 0.3159 Vacated 1287 923 913 96 Salim Mwero Boso 92 Kwale/Chigato/1268 0.0000 2 937 14 1288 Kwale/Chigato/1276 Rama Ngome 0.2298 Vacated 936 13 935 4 Kwale/Chigato/1269 0.3983 1289 962 964 910 914 Lugwe Juma 112 F Kwale/Chigato/1221 0.0702 Vacated 1290 911 Kwale/Chigato/964 0.3143 1266 Kwale/Chigato/1198 Luphawde Boso Nyama 0.1056 Vacated 1267 934 1270 1195 Kwale/Chigato/963 0.2790 1268 963 Kwale/Chigato/933 Mwachitungu Chaleo 0.5774 132 1271 116 14 8 919 918 Kwale/Chigato/1197 Luphawde Boso Nyama 0.6326 P3 912 932 Kwale/Chigato/932 Bakari Matano Rumba 0.1335 1269 933 Kwale/Chigato/931 Ngoka Maundu 0.6625 920 146 1273 Kwale/Chigato/1196 Mwanzije Shibe 0.3871 P3 553000 1486 1274 15 1275 E 931 Kwale/Chigato/924 Sombo Mwaluma Zuma 0.2737 P3 2 1276 1221 1198 Kwale/Chigato/925 Ngoka Chizama Ngoka 0.0828 P3 Kwale/Chigato/927 0.1673 P3 1277 13 926 Kwale/Chigato/926 Dzombo Kalume Chirunge 0.3231 P3 6 925 Kwale/Chigato/1193 Chizama Mangale 0.3690 P3 14 4 1487 128 11 8 1197 1196 1272 124 1221 1198 14 1280 2 10 1284 128 2 1278 1281 1283 553000 1279 1282 14 114 104 924 927 6 1193 96 134 108 138 94 98 353 335 358 98 358 356 359 361 922 92 347 336 349 354 360 337 340 362 363 10 338 344 8 96 96 342 366 350 552500 832 339 665 98 102 341 357 833 343 355 364 100 346 348 12 351 1262 92 8 367 365 834 1 2 14 10 958 345 368 92 98 98 9563000 552500 9562500 9562000 0 Ground Controls Contour Bridges Proposed Road Corridor 1:5,000 " Culverts Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-08 11 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9562000 9561500 9561000 601 915 942 148 553500 454 649 498 648 0 Title No. Registered O wner Affec ted Area (Ha) Remarks 12 13 16 1014 496 6 154 683 6 553500 647 Kwale/Chigato/959 Ngoka Chizama 0.5855 P3 Dzombo Chongo Mbui 908 1172 156 Kwale/Chigato/640 'D' 0.1794 P3 15 685 916 2 684 Kwale/Chigato/638 0.0734 Mwero Kanadzina 682 499 146 Kwale/Chigato/654 Ndilo 0.1558 P3 913 917 1420 614 142 632 502 686 Kwale/Chigato/639 Ndilo Mloka Ndilo 0.0727 122 154 610 Ngoka Mbui Ndilo Kwale/Chigato/1426 0.1221 13 613 455 482 669 12 2 681 549 Kwale/Chigato/642 0.1340 4 162 914 609 680 547 Kwale/Chigato/635 Mwero Kanadzina 0.0348 679 152 Kwale/Chigato/623 0.0619 456 158 Kwale/Chigato/652 0.2728 1195 618 637 128 621 630 Kwale/Chigato/624 Chirunga Mbui Ngoka 0.0304 636 1418 621 458 433 Kwale/Chigato/626 0.0450 1450 631 633 Kwale/Chigato/651 0.0035 918 16 128 134 Kwale/Chigato/650 0.0002 2 Bongo Chirunga 4 919 678 677 16 1438 Kwale/Chigato/616 Bongo 0.4569 638 Kwale/Chigato/628 Mose Mbui Ndilo 0.0011 620 524 549 Mwachondo Ngoka 920 619 Kwale/Chigato/629 Mbui 0.0746 617 Kwale/Chigato/615 0.1559 926 622 Kwale/Chigato/681 0.0162 640 635 134 484 15 8 615 639 626 13 623 624 8 12 616 6 642 E 8 15 553000 681 553000 959 0 629 1193 654 1426 628 16 646 4 927 144 651 627 6 13 6 652 14 11 8 146 122 142 132 650 657 124 168 655 134 630 112 106 102 664 645 98 653 644 643 503 12 658 14 8 4 17 665 656 1183 162 96 2 668 94 960 11 922 659 8 666 661 15 168 6 13 108 104 8 1262 102 660 1190 114 1431 98 166 957 1177 663 92 662 1178 958 104 953 947 667 9562000 9561500 9561000 0 Ground Controls Contour Bridges Proposed Road Corridor 1:5,000 " Culverts Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-09 12 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9560500 9560000 554000 2 2619 15 9559500 Title No. Registered O wner Affec ted Area (Ha) Remarks 6 13 2621 2601 Kwale/Chigato/484 Bongo Vita 0.7347 0 16 415 2622 Kwale/Chigato/483 Mwero Vita 0.3653 553500 2620 Kwale/Chigato/500 0.3231 2788 15 6 Mwero Chirunga 11 Kwale/Chigato/480 0.3318 12 6 501 8 6 11 Kwale/Chigato/1432 0.3626 156 647 454 457 2790 14 Kwale/Chigato/467 Mchenzara Tsuma 0.2428 554000 6 124 497 116 648 410 2791 Kwale/Chigato/464 0.1466 632 649 122 Kwale/Chigato/465 0.1470 683 459 2787 498 Kwale/Chigato/471 0.2007 2 614 11 684 411 434 2789 2804 Kwale/Chigato/463 Nyale Chiti 0.2570 496 495 435 152 1172 462 682 489 2792 Shumba Nyamaw 455 502 132 Kwale/Chigato/444 Shumba,Yawa Shumba 0.8156 679 487 467 499 685 461 460 Kwale/Chigato/474 0.0078 680 686 2793 Nyamawi Georege 482 2 490 146 547 114 14 456 2824 2793 Kwale/Mnyenzeni/4 Chirunga 0.2339 630 491 474 2793 Bret Taylor Van 713 162 Leeuwen 124 Kwale/Mnyenzeni/2 0.6315 458 492 488 12 Chilo Ndolo Bongo 1 4 Kwale/Mnyenzeni/3 0.6582 549 493 8 486 465 463 Kwale/Mnyenzeni/205 0.1749 633 15 464 2793 494 433 444 12 154 E 2823 2 1418 480 471 2 158 617 524 480 4 116 616 467 2809 444 166 468 164 470 3 2793 615 162 1432 3 481 156 207 5 2919 553000 484 472 2918 158 473 469 500 114 6 483 203 629 2760 2920 205 128 681 475 2735 553500 124 14 144 478 138 479 477 204 630 681 476 12 7 206 164 503 555 8 13 554 9 209 8 11 207 162 172 8 211 14 505 1447 11 10 208 13 210 4 154 1436 15 212 18 6 168 11 118 509 17 128 11 713 751 15 15 6 752 16 16 2814 213 2 508 19 21 12 9560500 9560000 553000 9559500 0 Ground Controls Contour Bridges Proposed Road Corridor Culverts Centreline 1:5,000 " Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-10 13 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9559000 9558500 9558000 2683 2685 2651 2671 1240 2391 2388 2682 2686 2657 2675 1239 1244 2392 Title No. Registered O wner Affec ted Area (Ha) Remarks 1318 15 2687 2659 2653 166 2674 1242 1243 Kwale/Mnyenzeni/207 Ndegwa Kayanda 0.4326 2 132 184 436 126 Mwadzombo 174 2680 156 554000 B 146 Kwale/Mnyenzeni/2865 Ndurya Jira Mwatsahu 0.3758 441 192 2663 1238 188 435 122 2667 2665 2654 Kwale/Mnyenzeni/2631 Nyamawi Diyo Chirunga 0.1119 2679 2660 2673 178 1241 554000 2655 437 1316 Kwale/Mnyenzeni/2631 Nyamawi Diyo Chirunga 0.0634 19 136 16 441 4 Kwale/Mnyenzeni/356 Kayanda Mwandzombo 0.2818 2787 8 434 142 Kwale/Mnyenzeni/2845 Rahid Nyuchi Hassan 0.2770 158 2664 2662 2725 2734 1284 442 124 Kwale/Mnyenzeni/359 0.6319 2709 2668 438 18 2661 1285 Kwale/Mnyenzeni/360 Omar Jabu Diyo 0.0586 2677 164 433 6 148 176 Kwale/Mnyenzeni/363 0.0054 2792 172 2804 2756 2784 2692 2666 2678 Kwale/Mnyenzeni/362 Michael Yawa Mwachidudu 0.2504 382 18 2973 Kwale/Mnyenzeni/364 0.3344 380 381 2 2793 2690 2755 367 440 Kwale/Mnyenzeni/365 Sombo Bediyo Chikoko 0.6062 124 144 Kwale/Mnyenzeni/374 0.0020 379 385 383 439 443 Kwale/Mnyenzeni/2863 Ruwa Nyanje Kombo 0.1167 2793 2794 138 444 Kwale/Mnyenzeni/375 0.0376 154 2631 2796 2691 8 2754 128 2793 13 366 Kwale/Mnyenzeni/373 Maundu Jabu Chikoko 0.2471 13 2948 2689 378 8 13 Kwale/Mnyenzeni/376 Chikoko Jabu Chikoko, 0.3532 122 2795 1245 4 Maundu Jabu Chikoko Kwale/Mnyenzeni/2708 Ali Chengo Chirunga 0.0207 2793 2903 1246 2877 Kwale/Mnyenzeni/386 Hole Kombo Vyani 0.4207 384 359 363 364 Kwale/Mnyenzeni/2694 Mrinzi Ndegwa Chikoza, 0.2785 2631 374 377 Chikoza Ndegwa Chikoza 2809 2911 375 Kwale/Mnyenzeni/390 0.0409 2830 2695 2699 Kwale/Mnyenzeni/2696 Chikoza Nyundo Chikoza, 0.1908 2958 E 2693 Dzuma Nyundo Chikoza 3 359 360 2863 2865 365 376 386 362 2698 2845 386 2631 2694 2696 356 373 553500 207 2708 553500 360 361 2919 205 2707 356 2918 203 6 390 2697 2920 358 387 206 361 372 2760 388 204 391 209 357 389 598 8 2957 371 211 601 599 9 2954 210 2955 2956 370 392 10 212 218 368 600 12 394 208 217 15 218 11 2953 393 218 2751 15 223 15 222 224 354 369 412 11 395 216 2960 352 213 224 219 223 396 402 16 2814 353 346 397 214 225 351 350 17 215 1312 349 348 337 2746 350 9559000 9558500 9558000 0 Ground Controls Contour Bridges Proposed Road Corridor 1:5,000 " Culverts Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-11 14 Licensed Land Surveyor Ponds Buildings ..................................... KENYA WATER SECURITY AND CLIMATE RESILIENCE PROJECT - PHASE 1 PROJECT NO.: P145559 CREDIT NO. IDA 5543 KE PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) FOR MWACHE ROADS, KWALE COUNTY Republic of Kenya CONTRACT NO.: MOWSI/KWSCRP-2/002/2020-2021 ZAMCONSULT CONSULTING LAND ACQUISITION PLAN FOR MWACHE ROADS ENGINEERS LTD. 9558000 554000 9557500 9557000 434 441 19 1269 17 4 1235 Title No. Registered O wner Affec ted Area (Ha) Remarks 6 1316 2961 438 442 1263 1234 Kwale/Mnyenzeni/2697 0.6642 433 188 Kwale/Mnyenzeni/2702 Nyota Mwero Mtula, 0.7571 1317 2826 Zuma Mwero Mtula 1262 382 2784 174 2962 178 1315 1182 1232 192 18 440 2973 1148 1231 6 1281 2832 439 1313 1230 383 2995 1314 443 1183 2782 444 554000 1180 2997 1181 2996 1283 1179 1190 1192 384 1245 1246 1217 1184 2992 2877 1248 1282 1201 1247 2993 2994 377 1178 1171 1193 386 2693 1170 1185 2695 2700 1172 386 2699 2701 1174 1187 1177 2694 1189 553500 2698 1169 1194 1199 2696 1173 1168 387 E 1176 1186 2702 1198 1175 390 1188 2697 1167 1196 2851 1195 2850 391 1158 2848 2703 1165 1163 1160 1159 598 392 2932 1166 1157 2704 2849 2852 1162 601 1161 599 1132 2727 1127 1164 1155 600 597 2705 2847 1126 553500 1132 2706 1128 1153 2781 2751 596 1154 412 1129 595 1135 2846 2728 1131 1145 1133 2752 1130 1125 1152 2890 1149 402 2753 1137 2746 594 1134 2891 2889 553000 2750 2935 2892 1151 2749 2743 1121 1123 2747 2748 413 414 1146 1141 1113 1122 2744 677 1124 1140 409 2745 2741 1113 1147 1144 1142 9558000 553000 9557000 0 Ground Controls Contour Bridges Proposed Road Corridor 1:5,000 " Culverts Centreline Existing Road Railway Land Parcel Boundary Streams 0 100 200 300 400 500 Meters D. N. Siriba E-12 15 Licensed Land Surveyor Ponds Buildings ..................................... ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX III: LAND TITLE SEARCHES AND CONFIRMATION LETTERS RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX IV: MINUTES OF MEETINGS PUBLIC MEETING HELD AT VIKINDUNI VILLAGE MNYENZENI SUB- LOCATION ON 15/02/2022. 1) Present i. Joseph Mugandi-------Area asst. chief (Mnyenzeni sub-location) ii. Ali Dzuha Mdila-------- Village Elder iii. Mdzomba Jira Mbito------ Village Elder iv. Joy Wasirimba-------Zamconsult (Safe guard expert) v. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) vi. Dr. Ezekiel Ndunda------ Zamconsult (Ecologist) vii. Jenes Samson----------------- Zamconsult (RAP expert) viii. Kevin Nyakundi--------------- Zamconsult (Environmentalist) ix. Alexander Otwori-------------- Zamconsult (Sociologist) x. Alex Mecha------------------- Zamconsult (Surveyor) xi. Nashon Ombui --------------- Zamconsult (surveyor) xii. Deves Kemboi------------------ Zamconsult (Land Valuer) xiii. Joseph Korir--------------------- Zamconsult (Land Valuer) 2) Introductions The meeting started at 9.07am by a word of prayer from a community member. The meeting was chaired by the area assistance chief Mr. Joseph Mugandi. He introduced the Consultant team to the community and invited the Consultant to make their presentation. 3) Presentation of the Project by the Consultant The Consultant informed the community that they are in the field to do RAP and ESIA. They then proceeded to give a presentation of the Mwache Dam access roads, both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. The Consultant informed the community that the project to be undertaken entailed carrying out a RAP and ESIA for the Mwache dam access roads. She further described all the access roads and sites within the Mwache dam. Consultant stated that some roads are in dam area hence new roads must be constructed to replace those roads submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. Consultant indicated about indigenous trees and their benefits to the community and how the project will affect those trees. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut- off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD 4) Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. Q1: Ali Mudiga inquired if the graves and shrine which would be affected by the roads to compensated. He also suggested that like in the case of Mwache dam the money on shrines and grave was Ksh 50,000 which was not enough the whole process of relocating graves, he asked if the money will be increased to be Ksh 150, 000. A1: The consultant responded by stating that the community’s culture is one thing that is respected by the project. The graves and shrines affected by the roads will be compensated. Upon compensation the community members have the mandate to ensure the graves and shrines are relocated as per their traditions and heritage. The 50k compensation per grave is a standard rate set and used by NLC and its only them who have the mandate to change this figure. As for the shrines, different amounts are paid to individual shrine owners or those owned by the community, subject to justification and confirmation by the project. Those graves and shines along the roads would be compensated then relocated. Q2: Nduru Kombo, inquired if the new proposed roads affect his land and trees? Would he also be compensated for his cassava farming? Further he inquired about the indigenous trees along the proposed roads would those trees be spared since they play vital role in the community more so as medicine and sacred functions. A2: The consultant informed the community that all lands, assets and trees affected by the Mwache roads project would be compensated. On the farm the crops to be compensated its only cassava and other trees. The short-term plants like maize, beans are not compensated for. The farmers will be given time to harvest their crops. The short- term crops like maize, beans are not compensated for and the owners shall be given time to harvest their crops. The project will try in all ways possible to minimize impact on sacred trees and locations. However, in instances where this is not feasible i.e. In cases where the trees cannot be avoided then cultural appropriate compensation measures shall be considered during RAP implementation. The roads design will be disclosed to the community. If there will be sacred indigenous trees and medicinal trees that will be affected discussions between the project and the community will take place on how to best proceed so that both the interest of the project and the community are protected. Q3: Jikoko Zombo inquired that he was compensated for his land during the Mwache dam RAP. Would be he compensated also for the Mwache access roads for the second time. A3: The consultant informed the community all parcels of lands which were affected by the Mwache dam will be compensated, if not already compensated. For those parcels not compensated i.e due to grievances and disputes, the money has been put in escrow and the parcels will be compensated once the grievances have been resolved. PAPs will not be compensated on land already compensated. The parcels of land affected by the Roads and not on the existing road reserve will be compensated. There would no double compensation. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q4: Jinyalu Jamila stated that her maize farm was affected by the road construction and she was not compensated. A4: The area chief responded and informed the community that the said projects were done by County government of Kwale. These past projects were meant to open access roads in the community and the plans had been done a long time ago. The parcels where the access roads were to be had been grabbed by the community as these were government lands. The community will therefore not be compensated by NLC under Mwache roads project for such parcels. However, he informed the community that the Mwache dam access roads project is different from the County Government Road project and incase anyone’s land, trees, structures and crops to be affected by the Mwache access roads, they will be compensated. Q5: Mzomba Jila Mbito he asked if his unfinished house would be compensated for in case it would be affected by the road. A5: The consultant responded and informed the community All houses which would be affected by the Mwache dam access roads must be compensated for. Each house would have its own value so even the unfinished houses would be compensated with its own value depending on the completion stage it will be at when NLC carries out actual asset inspection for the purposes of compensation. Q6: Katana Mengo inquired that some community members have not been compensated for their land affected in the Mwache dam area. Now at the new relocation area it seems their land too would be affected by the Mwache access roads. Would be community members to be compensated who have been affected by the main Dam and roads. A6: The consultant informed the community that all lands affected by the Mwache dam and Mwache dam access roads will be compensated. Currently the compensation process for the priority dam areas is ongoing and all the affected persons will be compensated. The government is currently compensating for Priority 1 and 2 parcels. Those who have not been compensated in all the dam priority areas and dam access roads are scheduled to be compensated fully. In case the PAPs affected by the Main Dam activities still have compensation grievances, they were advised to visit the Front man and government offices for more information. Q7: Mjane Ngoka inquired that if those were affected initially by the County roads would be compensated. A7: The consultant responded and informed the community that they only be compensated if the Mwache dam access roads would affect them. Q8. Katana Mengo for the second time inquired that there are graves have dispute among community members. Would those graves to be compensated. A8: The consultant responded informed the community that for all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q9. Mbogo Ngara inquired that even if their houses would not be affected by the Mache dam access road, there must be a lot of dust during construction. Would be community members be compensated for the damage. A9: There is no compensation due to dust during construction period but mitigation measures would be put in place to ensure the impacts are mitigated like sprinkling water on the dusty roads. An ESIA has also been done alongside the RAP and will be disclosed once approved. In case the houses would be affected by vibration during roads construction period, the owners must be compensated for the damaged. Same case would apply to effects from blasting. Q10. James David inquired if one had leased land and planted trees would he/she compensated. A10: The consultant responded informed the community In such case, the owner of the land would be compensated for the land and the one who leased and planted trees would be compensated for trees in that land. So, they will be two separate compensation packages; for the land and trees in that land. Q11: Katana Jimela inquired if Mwache access roads would follow the alignment of the County roads or would they be new alignments? A11: The consultant responded informed the community that the Road design will be disclosed to the PAPs before the RAP census begins.The current design consists of existing roads that will be upgraded and new roads that will be made. In case there will be a change in design, the community will be informed and sensitized on the same. 5) Conclusion The consultant asked the community if they were satisfied with the information and responses on Mwache access roads. They agreed by the show of hands and commented that they are ready for the project and agreed the roads to be constructed. The Consultant stated that they would forward all the people’s comments, feedback and recommendations to the relevant authorities. They also stated that they would include all that was discussed in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 11.34am with a word of prayer from the community member. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT MNYENZENI VILLAGE MNYENZENI SUB- LOCATION ON 16/02/2022 1. Present i. Joseph Mugandi--------- Area asst. chief ii. Hamisi Kombo-------- Village Elder iii. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) iv. Alexander Otwori-------------- Zamconsult (Sociologist) 2. Introductions The meeting started at 10.30am by a word of prayer from a community member. The meeting was chaired by the area assistance chief Mr. Joseph Mugandi, who introduced the Consultant team to the community. He then invited the Consultant to give their presentation. 3. Presentation on Project by the Consultant The Consultant informed the community that they are in the field to do RAP and ESIA. They then proceeded to give a presentation of the Mwache Dam access roads ,both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. The Consultant informed the community that the project to be undertaken entailed carrying out a RAP and ESIA for the Mwache dam access roads. She further described all the access roads and sites within the Mwache dam. Consultant stated that some roads are in dam area hence new roads must be constructed to replace those roads submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. Consultant indicated about indigenous trees and their benefits to the community and how the project will affect those trees. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut- off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done.4. Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. Q1. Swale h Kombo inquired that there are majority community members with land without tittle deeds. Would they be compensated. There houses in those land without tittle deeds would those houses compensated and if not, what would happen. The consultant responded by stating that The Ministry of Water through the Ministry of Land will ensure that the affected PAPs have the required land documents for them to be compensated by NLC. For those who don’t have titles, because the areas are still adjudication sections, the project will get the adjudication documents from County Lands RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Office, and facilitate payment of the PAPs with the documents. For those who have misplaced their title deeds, the project will facilitate processing of green cards and searches to facilitate payments by NLC. The house and other assets in the land that would be affected by the Mwache dam access roads must be compensated fully before the kickoff the project. -Q 2. Alex Kombo inquired that during the compensation for assets, they stood to lose as they were not legal owners of land but their parents are and during RAPs activities they were in Mombasa. Some had carried out developments that would be lost as a result of the dam. The consultant responded informed the community that during the assets inventory process, those who have developments on the affected land would be recorded separately as claimants having interests on land belonging to their parents. The law provided for separate compensation for owners of developments on other persons land as they have rightful claim to developments such affected land parcels. In this case where the sons where in Mombasa, the sons were recorded as absentee PAPs, but now the records could be updated. Q 3. Hamisi Kombo inquired that some of the youth groups in the area were involved in quarrying on the river bed for building stone blocks and sand harvesting that would be lost once the river is impounded. The consultant responded and informed the community that loss of income due to the actual dam construction activities have been/are being addressed. Upon confirmation and verification of the livelihood activities by NLC the PAPs affected will be compensated. All businesses and livelihood activities affected by the project will be recorded, verified and confirmed by NLC before compensation is paid However, this impact is likely to happen during the main dam activities. The consultant also responded that the youth constituted the pool for construction labor force. During the construction, they would acquire skills that would help them to diversity their employment opportunities. Once the dam is operational, they would be able to engage in farming activities for high value crops. There would also be opportunities in the fishing activities and there would also be opportunities in recreation and tourism where the youth were best suited. Q 4. D.O Jabu Chikoko stated that what would be the size of the Mwache dam access roads. The expected commencement of the construction of roads and how soon they would be paid their compensation to facilitate their relocation. The consultant responded and informed the community that the designs will be disclosed to the community. This information will entail, size of the road in terms of length and width and location of the road. In regards to the timelines of the project, the community was informed that conducting the RAP was the 1st process in preparation of the information that is needed to compensate them. Once the RAP is approved, it will be disclosed and the NLC processes can officially begin to enable the PAPs get compensated. Q 5. Mazuma Rashid raised the issue of those without tittle deed would be compensated and employment for the local youth during the construction of the Mwache dam access roads. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD The consultant responded by stating that before compensation, the Ministry of Water through the Ministry of Land will ensure that the affected PAPs have the required land documents for them to be compensated by NLC. For those who don’t have titles, because the areas are still adjudication sections, the project will get the adjudication documents from County Lands Office, and facilitate payment of the PAPs with the documents. For those who have misplaced their title deeds, the project will facilitate processing of green cards and searches to facilitate payments by NLC. All the available Jobs would be advertised publicly. As it is a Custom for most government projects preference would be given to the local people subject to the skill level requirement and availability of such skills in the project area Q 6. Kalomo Mwala inquired that over and above the compensation to the individual, it was necessary for the project to compensate for all expense incurred in the relocation of cultural sites and social facilities that would be affected by the Mwache dam road access project. The consultant responded informed the community that all lands, graves and social facilities which would be affected by the Mwache dam access roads will be compensated. Currently the compensation money set for the graves and shrines relocation process include all expenses to relocate the graves and shrines. Q 7. Rashid Khamisi inquired and sought to know how the project would empower the youth in the area and how to benefits from the intended benefits of the dam once completed. The consultant responded and informed the community that The Ministry of Water Sanitation and Irrigation, through National Construction Authority organized training for the youth on a number of skills i.e masonry, electrical, plumbing etc. The main objective of these trainings was to empower the youth with skill that might be required during the construction of the main dam. This will ensure that the youth are empowered and equipped with the necessary skills to assist the youth get jobs during construction of the Dam. The youth can also use the same skills to empower their lives and engage in income earning activities even after completion of the construction activities. Q 8. Fatima Katana inquired that the distribution of compensation precedes as their spouses who are the land owners might receive the compensation and abandon their families leaving the families destitute. The consultant responded informed the community that the project has a mandate to ensure that the families affected by the project are not left destitute as a result of the project activities. As has been done in the P1 & P2 areas under RAP 1 where the PAPs have already been compensated and resettled, the families were advised to open joint accounts and the process of accessing and using the compensation money (with the full & informed participation of all person of interest in the affected assets) was supervised and monitored closely by the RAP Implementation Consultant 5) Conclusion The consultant asked the community if they were satisfied with the information and responses on Mwache access roads. They agreed by the show of hands and commented that they are ready RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD for the project and agreed the roads to be constructed. The Consultant stated that they would forward all the people’s comments, feedback and recommendations to the relevant authorities. They also stated that they would include all that was discussed in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 12.30pm with a word of prayer from the community member. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT MAKUTANO CENTRE IN MWAVUMBO ON 23/02/2022 1. Present i. Samson Chale -------------- Area chief (Mwatate Location) ii. Mr. Onsemus ----------------Ranch Leader (Mavumbo Ranch) iii. Joy Wasirimba-----------------Zamconsult (Safe guard expert) iv. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) v. Jenes Samson----------------- Zamconsult (RAP expert) vi. Kevin Nyakundi--------------- Zamconsult (Environmentalist) vii. Alexander Otwori-------------- Zamconsult (Sociologist) viii. Alex Mecha------------------- Zamconsult (Surveyor) ix. Nashon Ombui --------------- Zamconsult (surveyor) x. Deves Kemboi------------------ Zamconsult (Land Valuer) xi. Joseph Korir--------------------- Zamconsult (Land Valuer) 2. Introductions The meeting started at 12.25pm by a word of prayer from a community member. The meeting was chaired by the area chief Mr. Samson Chale, introduced the Consultant team to the community people who attended the meeting. He then invited the Consultant to give her presentation. 3. Presentation on Project by the Consultant The Consultant explained the main reason the consultants team are in field i.e. to do RAP and ESIA. Further she a presentation of the Mwache Dam access roads which are both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. She explained that the project involved RAP and ESIA for the Mwache dam access roads. She further described all the access roads and sites within the Mwache dam. She stated that some roads are in dam area hence new roads must be constructed to replace those roads was submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. He indicated about indigenous trees and their benefits to the community and how the project will affect those tree. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut-off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD 4. Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. • When members were invited to ask questions, the Ranch leader Mr. Onesmus request the consultant team to give them time to discuss their issues privately and they were granted that permission. Upon coming together again they listed their requirements and if their requirements are granted they are ready for the project. The requirements include: i. Their tittle deeds to be facilitated as fast as possible. ii. Must compensated before the give way for the construction of roads. iii. Youth from the community to be involved in job opportunity and in their area they don’t want foreigners to work instead community people. iv. Money compensated for graves and shrines to be increase from Ksh 50,000 to Ksh 150,000. 5) Conclusion The consultant take note on all those requirements from the community. The Consultant stated that they would forward all the people’s requirements to the relevant authorities. They also stated that they would include all that requirements in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 13.33pm with a word of prayer from the community member. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT HANJE VILLAGE CHIGATO SUB-LOCATION 23/02/2022 1. Present i. Kaluma Rashid--------- Area asst. chief (Chigato sub-location) ii. Mwanahamisi Ruhuno---- Secretary chief’s office iii. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) iv. Alexander Otwori-------------- Zamconsult (Sociologist) 2. Introductions The meeting started at 9.25am by a word of prayer from the community member. The meeting was chaired by the area assistance chief Mr. Kaluma, introduced the Consultant team to the community people who attended the meeting. He then invited the Consultant to give their presentation. 3. Presentation on Project by the Consultant The Consultant explained the main reason the consultants team are in field i.e. to do RAP and ESIA. Further they gave a presentation of the Mwache Dam access roads which are both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. Consultant explained that the project involved RAP and ESIA for the Mwache dam access roads. She further described all the access roads and sites within the Mwache dam. Consultant stated that some roads are in dam area hence new roads must be constructed to replace those roads submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. He indicated about indigenous trees and their benefits to the community and how the project will affect those tree. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut-off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done. 4. Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q1. Bongo inquired where the money to relocate the shrines would come from. He also asked when the construction will start and if the community members would be involved in labor force. Consultant responded and informed the community members that funds for compensation for shrines would come from the government of Kenya through the Ministry of Water, Sanitation and Irrigation. The chief responded and informed the community members that construction would only start after everybody has been compensated fully. All the available Jobs would be advertised publicly. As it is a Custom for most government projects preference would be given to the local people subject to the skill level requirement and availability of such skills in the project area. Q 2. Ndulu Sifina inquired about the road’s measurements. He wanted the local community to be educated on the project working and advantages; The consultant responded informed the community that the designs will be disclosed to the community. This information will entail, size of the road in terms of length and width and location of the road. The community as required by the law must be informed about any proposed project in their community, both positive and negative impacts of the project. This is the reason the consulting team are in ground and conducting the current meeting. Q 3. Abubakar Mwelu inquired whether the people who have rented shops to do business would be compensated. Further he inquired if the road would be tarmacked to avoid dust. The consultant responded and informed the community that those who have rented shops and other business which would be affected by Mwache dam access roads will be compensated since their livelihoods must be restored. They will be paid compensation for loss of business income equivalent to three months of their current income. On if the road will be tarmacked to avoid dust, not all roads would be tarmacked other roads would be improved and for the case of dust more so during construction dust mitigation measures would be put in place Q 4. Mr. Baya stated that what would be the road width and would the government compensate for the land and removal of trees. The designs will be disclosed to the community. This information will entail, size of the road in terms of length and width and location of the road. All lands, assets and trees affected by the Mwache roads project would be compensated. Q 5. Mr. Omari (Kijana) raised the issue of those without tittle deed would be compensated and why the land on the roads will not be compensated as those in Dam area. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD The consultant responded by stating that before compensation, The Ministry of Water through the Ministry of Land will ensure that the affected PAPs have the required land documents for them to be compensated by NLC. Further on why land along the road reserve would not be compensated; the government have planned all roads and the exact measurement so in the case of Mwache dam road access most roads are on the road reserve hence they would not be compensated but for the new roads the land affected would be compensated. Q 6. Mr. Salim inquired that how would you handle land disputes since some PAPs affected by the main Dam activities have not been paid because of land disputes. In the specific area there are a lot of cases in regard to land disputes. Would it be the same case as those affected by the main dam activities? The consultant responded informed the community that for all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. . The PAPs were advised to strive to resolve land disputes using local/ existing dispute resolution mechanism before the census and asset inventory exercise Further, the RAP has provisions for dispute resolution through the Grievance Redress and Resettlement Committee (GRRC) to resolve grievances. Q 7. Mr. Nyandodo inquired and sought to know who to be compensated; he bought land to construct a church but the road passed on the land, would the owner be compensated or him. The consultant responded informed the community that for the lands bought, the current title holder/owner won’t be compensated but the buyers who are the actual owners through exchange of consideration. In case the owner has not given the buyer or transferred land to the buyer, then the owner will be required to sign an agreement that states that the buyer of the land is to receive compensation for the land affected by the project. 5) Conclusion The consultant asked the community if they were satisfied with the information and responses on Mwache access roads. They agreed by the show of hands and commented that they are ready for the project and agreed the roads to be constructed. The Consultant stated that they would forward all the people’s comments, feedback and recommendations to the relevant authorities. They also stated that they would include all that was discussed in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 11.13am with a word of prayer from the community member. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC PARTICIPATION MEETING HELD AT KASEMENI GROUNDS, KINANGO SUB-COUNTY ON 24TH Feb 2020. 1. Present i. ACC Kinango Sub-County ii. Benson Kokoi----------- Chief (Kasemeni Location) iii. Joseph Mugandi-------Asst. chief (Mnyenzeni sub-location) iv. Samson Chale -------------- chief (Mwatate Location) v. Kaluma Rashid--------- Asst. chief (Chigato sub-location) vi. Mr. Onsemus ----------------Ranch Leader (Mavumbo Ranch) vii. Makanzu Rashid-------Village Admin (Chigaato and Mnyenzeni) viii. Joy Wasirimba-------Zamconsult (Safe guard expert) ix. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) x. Dr. Ezekiel Ndunda------ Zamconsult (Ecologist) xi. Jenes Samson----------------- Zamconsult (RAP expert) xii. Kevin Nyakundi--------------- Zamconsult (Environmentalist) xiii. Alexander Otwori-------------- Zamconsult (Sociologist) xiv. Alex Mecha------------------- Zamconsult (Surveyor) xv. Nashon Ombui --------------- Zamconsult (surveyor) xvi. Deves Kemboi------------------ Zamconsult (Land Valuer) xvii. Joseph Korir--------------------- Zamconsult (Land Valuer) 2. Introductions The meeting started at 9.07am by a word of prayer from the community member (Pastor Dogo). The meeting was chaired by the ACC Kinango, who introduced the Consultant team to the community and briefed people on Mwache roads and dam at large. The ACC cautioned men against running away with young ladies once they receive compensation, squander the money and at last they suffer. Further the ACC indicated that when a man is selling land or any of the family property; Village elder must be aware to make sure that there is an agreement between the husband and the wife. Then he invited the consultants to do their presentation. 3. Presentation on Project by the Consultant The Consultant explained the main reason the consultants team is in field i.e. to do RAP and ESIA. Further they did a presentation of the Mwache Dam access roads which are both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. They explained that the project involved RAP and ESIA for the Mwache dam access roads. She further described all the access roads and sites within the Mwache dam. On ESIA consultant explained about both positive and negative impacts; the mitigation negative impacts were explained. Consultant explained health issues more HIV/AIDS and other related STI diseases. The gender, displacement and livelihood issues were elaborated well. The consultant stated that some roads are in dam area hence new roads must be constructed to replace those roads was submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. He indicated about indigenous trees and their benefits to the community and how the project will affect those tree. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut-off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done. 4. Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. Q1. Salim from Hanje village inquired if the graves and shrine which would be affected by the roads to compensated. The Community’s Culture is highly respected by the project. The graves and shrines affected by the Roads will be compensated. Upon compensation the community members have the mandate to ensure the graves and shrines are relocated as per their traditions and heritage. - Q 2. Abubakar Mwelu inquired how the compensation be undertaken because in previous project of Mwache dam, locals have been complaining over low compensation. The consultant responded informed the community that the computation of valuation amounts that will be used to pay actual compensation will be done by NLC as per the provisions of the Land Act. The unit prices for each category of affected assets will be determined by NLC during the actual valuation of affected assets for compensation purposes that will be carried out at the early stages of RAP implementation. The determination of the rates will be guided by prevailing market prices which will then be adjusted to include expected disturbance costs that would be met by the PAPs. Q 3. Mr. Hamis from Miyani inquired that whether he would be compensated if the road passes through his land. The consultant responded informed the community that all affected parcels would be compensated accordingly by the NLC. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q 4. Mr. Hamisi Mwalimu from Miyani stated that her maize farm was affected by the road construction and she was not compensated. The consultant responded and informed the community that all lands, trees and other assets which would be affected by the Mwache dam access roads must be compensated for. The short-term crops like maize, beans are not compensated for and the owners shall be given time to harvest their crops. Q 5. Joseph Mambo he asked where to road will pass. Would be there compensation with disturbance allowances. Finally, he inquired if those in Mission land would be compensated. The Road design will be disclosed to the PAPs before the RAP census begins. The current design consists of existing roads that will be upgraded and new roads that will be made. The computation of valuation amounts that will be used to pay actual compensation will be done by NLC as per the provisions of the Land Act. The unit prices for each category of affected assets will be determined by NLC during the actual valuation of affected assets for compensation purposes that will be carried out at the early stages of RAP implementation. The determination of the rates will be guided by prevailing market prices which will then be adjusted to include expected disturbance costs that would be met by the PAPs and is estimated at 15% and paid to the PAPs. Those in the mission land; the land is termed as dispute land and For all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. NLC Q 6. Khadija Dzombo from Fulugani inquired that some community members have not been compensated for their land in Mwache dam area. Now at the new relocation area it seems their land too would be affected by the Mwache access roads. Would be community members to be compensated both of dam area and roads. The consultant responded and informed the community that all lands affected by the Mwache dam and Mwache dam access roads will be compensated. Currently the compensation process for the priority dam areas is ongoing and all the affected persons will be compensated. Those who have not been compensated in all the dam priority areas and dam access roads are scheduled to be compensated fully. Q 7. Mr. Vila from Vikolani inquired that how the local community would benefit from the Mwache dam access roads especially those not directly affected hence would not get any direct compensation nor other assistance. The consultant responded informed the community that the job opportunities would be created during the construction and operational phases of the project for the local community to be competitively considered for employment. Local access roads will be RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD improved and other livelihood restoration initiative such as planned water supply will benefit the local PAP and host communities. Due to tarmacked roads the land value would be good and attract more investors and small center would grow to big town centers. Q 8. Violet inquired that there are graves that have dispute among community members. Would those graves be compensated. Further she inquired What would happen where disputes would arise on how to share compensation proceeds among family members or if a PAP is not satisfied with the compensation money provided. The consultant responded informed the community that for all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. The RAP implementation team and the local administration through the office of the Chief shall work towards settling disputes during RAP implementation. The project will establish grievance redress committees at the various project levels, which will handle all disputes related to compensation and resettlement. PAHs will be informed of the actual dates and venues where the committees will be elected and formed by the PAPs themselves under the supervision of the local administration and the project team. Q 9. Emily Kombo from Miyani inquired that when the road is near the house what would happen since children are playing. She further inquired Would the project compensate for affected graves as well. The consultant responded informed the community that houses near to the proposed or road to improve would be compensated and the affected parcels. The consultant team would record all affected assets including graves during the census and asset inventory and then compensation would be done in line with the traditional/religious norms/rites of the people affected and the NLC Act. Safety measures will also be taken to ensure the community is safeguarded during the construction period Q 10. Jane Ngoga inquired that currently there are women groups depended on selling of water at various water points for their household incomes. They felt this is an economic opportunity that would be lost during road construction. The consultant responded informed the community that in such case, the women groups would be compensated for their loss of livelihood . Upon confirmation and verification of the livelihood activities by NLC the PAPs affected will be compensated. All businesses and livelihood activities affected by the project will be recorded, verified and confirmed by NLC before compensation is done. Further they were informed that their participation in management of water as a resource would continue through the water associations and any maintenance guidelines that would be developed by the sector would be sensitive to their concern. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q 11. Doris Nyabo inquired on the issue of the distribution of compensation precedes as their spouses who are the land owners might receive the compensation and default leaving the families in destitute. The consultant responded informed the community that the project has a mandate to ensure that the families affected by the project are not left destitute as a result of the project activities. As has been done in the P1 & P2 areas under RAP 1 where the PAPs have already been compensated and resettled, the families were advised to open joint accounts and the process of accessing and using the compensation money (with the full & informed participation of all person of interest in the affected assets) was supervised and monitored closely by the RAP Implementation Consultant. This ensured that the concern PAPs were all informed, advised and monitored in the diligent use of compensation money and this greatly minimized misuse of compensation money by any party. Q12. Ramadhan Ndula from Miyani inquired that there are majority community members with land without tittle deeds. Would they be compensated. There houses in those land without tittle deeds would those houses be compensated and if not what would happen. The consultant responded by stating that before compensation, The Ministry of Water through the Ministry of Land will ensure that the affected PAPs have the required land documents for them to be compensated by NLC. The houses and other assets in the land that would be affected by the Mwache dam access roads must be compensated fully before the kickoff the project. Q 13. Douglas Dzomba from Mpirani inquired and sought to know how the Mwache access roads would empower the youth in the area and how to benefits from the intended benefits of the Mache dam access roads once improved and completed. The consultant responded and informed the community that the youths could get employment once the construction process begins. All the available Jobs would be advertised publicly. As it is a Custom for most government projects preference would be given to the local people subject to the skill level requirement and availability of such skills in the project area . Q 14. Joseph Jiwa from Mazeras mission inquired that those in mission without tittle deed would they be compensated. The consultant responded and informed the community that the land would be termed as dispute land and For all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. Q 15. Samuel Mulenyi inquired what are values of the different categories of trees. Would be he compensated differently. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD The consultant responded informed the community that the computation of valuation amounts that will be used to pay actual compensation will be done by NLC as per the provisions of the Land Act. The unit prices for each category of affected assets will be determined by NLC during the actual valuation of affected assets for compensation purposes that will be carried out at the early stages of RAP implementation. The determination of the rates will be guided by prevailing market prices 5) Conclusion The consultant asked the community if they were satisfied with the information and responses on Mwache access roads. They agreed by the show of hands and commented that they are ready for the project and agreed the roads to be constructed. The Consultant stated that they would forward all the people’s comments, feedback and recommendations to the relevant authorities. They also stated that they would include all that was discussed in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 12.08 pm with a word of prayer from the community member. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT PEMBA VILLAGE MWATATE LOCATION 25/02/2022 1. Present i. Samson Chale -------------- Chief (Mwatate Location) ii. Joseph Nyae-------------------Asst. Chief (Mwatate location) iii. Marjib Chirima--------------- Chief (Mazeras location) iv. Kamanza Nyamawi--------- Social Worker v. Rachael Mbeyu -------------Social worker vi. Dr. Dan Odhiambo---------- Zamconsult (Sociologist) vii. Alexander Otwori-------------- Zamconsult (Sociologist) 2. Introductions The meeting started at 10.25am by a word of prayer from the community member. The meeting was chaired by the area e chief Mr. Samson Chale Chief (Mwatate Location), introduced the Consultant team to the community. He then invited the Consultant to give their presentation. 3. Presentation on Project by the Consultant The Consultant explained the main reason the consultants team are in field i.e. to do RAP and ESIA. Further they gave a presentation of the Mwache Dam access roads which are both the existing roads and the new proposed roads, its scope, and the laws governing the RAP and Environmental and Social Impact Assessment Process as well as the need to conduct public consultation meetings. They explained that the project involved RAP and ESIA for the Mwache dam access roads. The team further described all the access roads and sites within the Mwache dam. She stated that some roads are in dam area hence new roads must be constructed to replace those roads was submerged by the proposed Mwache dam. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The consultant further explained to the community members the types of air pollution, then indicated about water and soil test before the project commences. Consultant indicated about indigenous trees and their benefits to the community and how the project will affect those tree. The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Those who are affected by the road are to be compensated accordingly. The team indicated that after the cut-off date for the RAP exercises any further developments within the access roads would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by Kenya Water Security and Climate Resilient Project Phase (KWSCRP) under ministry of water and sanitation before any negotiations/compensation can be done. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD 4. Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the Mwache road access project. Q1. Kamanza from Pemba Village inquired where exact place the road will pass. Would we be compensated for the road? Consultant responded and informed the community members that the designs will be disclosed to the community. This information will entail, size of the road in terms of length and width and location of the road. All lands, graves, assets and social facilities which would be affected by the Mwache dam access roads will be compensated. Q 2. Nguta Choga inquired about lands without tittle deeds. Would be compensated and why the land on the roads will not be compensated as those in Dam area. The consultant responded informed the community that the Ministry of Water through the Ministry of Land will ensure that the affected PAPs have the required land documents for them to be compensated by NLC. Further on why land along the road reserve would not be compensated; the government have planned all roads and the exact measurement so in the case of Mwache dam road access most roads are on road reserve hence they would not be compensated but for the new roads the land taken would be compensated. Q 3. Kahema Jiwa inquired if the graves on the road would be compensated. The consultant responded informed the community All lands, graves, assets and social facilities which would be affected by the Mwache dam access roads will be compensated Q 4. Christopher Dan inquired and sought to know who to be compensated; If the road passes along my land in the middle and if he would be compensated for the entire land. The consultant responded and informed the community that compensation would only be done to the land taken/affected by the road. If more than 20 percent of the land is affected the project will acquire the whole parcel although the PAP is free to keep the rest of it if he considers it to be of economically viable. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Q 5. Rachael Mbeyu inquired that some people have rented shops to do business would be compensated. The consultant responded and informed the community that those who have rented shops and other business which would be affected by Mwache dam access roads will be compensated since their livelihoods must be restored. They will be paid compensation for loss of business income equivalent to three months of their current income. Q 6. David Munyika inquired that how would you handle land disputes since some PAPs have not been paid dam money because of the land dispute. Because in the area there are a lot of cases in regard to land disputes. The consultant responded and informed the community that for all parcels, assets, graves with disputes, the disputes must be resolved for compensation to be made. National Land Commission (NLC) shall deposit compensation funds for disputed assets in interest bearing escrow accounts pending the resolution of a dispute. The RAP implementation team and the local administration through the office of the Chief shall work towards settling disputes during RAP implementation. The PAPs are advised to strive to resolve land disputes using local/ existing dispute resolution mechanism before the census and asset inventory exercise Further, the RAP has provisions for dispute resolution through the Grievance Redress and Resettlement Committee (GRRC) to resolve grievances. 5. Conclusion The consultant asked the community if they were satisfied with the information and responses on Mwache access roads. They agreed by the show of hands and commented that they are ready for the project and agreed the roads to be constructed. The Consultant stated that they would forward all the people’s comments, feedback and recommendations to the relevant authorities. They also stated that they would include all that was discussed in the meeting in their report to the ministry of water and sanitation/World Bank. The meeting ended at 12.07pm with a word of prayer from the community member RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX V: ATTENDANCE REGISTER FOR MEETINGS RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX V: ATTENDANCE REGISTER FOR MEETINGS RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX VI: RAP IMPLEMENTATION SCHEDULE Timelines Months Activities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RAP Disclosure to PAPs Mainstream RAP 3 Aspects into existing GRM Gazettement of parcels by NLC Inspection of parcels Enquiry Issuing of awards Disbursement of funds Relocation of PAPs Livelihood restoration programmes RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX VII: CENSUS TOOL AND SOCIO-ECONOMIC SURVEY TOOL RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX VIII: SAMPLE GRM FORMS Sample Public Grievance Registration Form Resettlement Action Plan Public Grievance Form Instructions: Fill out and file the form (PAH/ project personnel) RAP Reference No. Contact Information Address: Please mark how you wish to be Telephone: - contacted (mail, telephone, e-mail) Email: Preferred Language for English Communication (Please mark how you wish to be contacted) Kiswahili Duruma National Identity Number Description of Incident or Grievance: What happened? Where did it happen? Who did it happen to? What is the result of the problem? Date of Incident/ Grievance One time incident/ grievance (date----------) Happened more than once (How many times---- ----) Ongoing (Currently experiencing problem………….) RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD What would you like see happen to resolve the problem? Signature: ………………………… Date: ………………………………. Did the complainant fill the form by self or assisted? Circle one Please return this form to: RAP COMMITEE RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD Sample Grievance and Resolution Form Name (Filer of Complaint): __________________________________ ID Number: _____________________________(PAPs ID number) Contact Information : ________________________________(Village : mobile phone) Nature of Grievance or Complaint: ___________________________________________________________________________ ___________________________________________________________________________ ______ Date Individuals Contacted Summary of Discussion ___________________________________________________________________________ ___________________________________________________________________________ ______ Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint_________________________( if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution/ Escalation Date of Conciliation Session: ______________________________________ Was Filer Present?: Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ___________________________________________________________________________ ___________________________________________________________________________ ______ Summary of Conciliation Session Discussion: ___________________________________________________________________________ ___________________________________________________________________________ ______ Issues______________________________________________________________________ __ Was agreement reached on the issues? Yes No RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: ___________________________________________________________________________ ___Escalated to________________________________________________________________ Signed (Conciliator):_____________________ Signed (Filer): ________________________ Signed: __________________________________Date: __________________________ Independent Observer Follow up is required YES/ NO If YES When (Date)___________________ and Person Responsible______________________ Sample Complaints Log for RAP Record all complaints received from PAP and their representatives Name of I. Te Date Nature Recurre Location Actio Date Satisfactor complaina D l. receiv of nt of n of ily nt No No ed Complai (YES/N Complai take actio Resolved . nt O) nt n n (YES/NO)) RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD ANNEX IX: SAMPLE PHOTOS PUBLIC MEETING HELD AT VIKINDUNI VILLAGE MNYENZENI SUB-LOCATION RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT MNYENZENI VILLAGE MNYENZENI SUB-LOCATION ON 16/02/2022 RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT MIYANI PRIMARY ON 18 /02/2022 RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT HANJE VILLAGE CHIGATO SUB-LOCATION 23/02/2022 PUBLIC MEETING HELD AT MAKUTANO VILLAGE MWATAE LOCATION ON 23/02/2022 RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC PARTICIPATION MEETING HELD AT KASEMENI GROUNDS, KINANGO SUB- COUNTY ON 24TH Feb 2020. RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD PUBLIC MEETING HELD AT PEMBA VILLAGE MWATATE LOCATION 25/02/2022 RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD CONSULTATION MEETINGS WITH VARIOUS PROJECT AREAS STAKEHOLDER’S RAP Report – Mwache Access Roads ZAMCONSULT CONSULTING ENGINEERS LTD RAP Report – Mwache Access Roads