International Bank for Reconstruction and Development International Development Association SECOND PROGRESS REPORT ON THE IMPLEMENTATION OF MANAGEMENT’S ACTION PLAN IN RESPONSE TO THE INSPECTION PANEL INVESTIGATION REPORT (REPORT# INSP/97705-KE) ON THE KENYA ELECTRICITY EXPANSION PROJECT (P103037) April 30, 2019 1 ABBREVIATIONS AND ACRONYMS CAC Council of Elders EIB European Investment Bank EIB-CM EIB Complaint Mechanism GCHM Grievance and Complaints Handling Mechanism GRS World Bank Grievance Redress Service IDA International Development Association IPN Inspection Panel KEEP Kenya Electricity Expansion Project KeRRA Kenya Rural Roads Authority MAP Management Action Plan MoU Memorandum of Understanding MW Megawatt NYS National Youth Service PAP Project affected person RAP Resettlement Action Plan RAPIC RAP Implementation Committee SCC Stakeholder Coordination Committee 2 Contents Abbreviations and Acronyms ..................................................................................................... 2 I. INTRODUCTION ............................................................................................................. 1 II. IMPLEMENTATION OF THE MANAGEMENT ACTION PLAN ............................... 2 III. CONSULTATIONS WITH REQUESTERS ON MAP IMPLEMENTATION PROGRESS ..................................................................................................................... 19 IV. NEXT STEPS .................................................................................................................. 21 Annex 1: Pictures ...................................................................................................................... 22 3 I. INTRODUCTION 1. This is the second Progress Report to the Board of Executive Directors (the Board) on the implementation of the Management Action Plan (MAP) in response to the Inspection Panel Investigation Report No. 97705-KE on the Kenya Electricity Expansion Project (P103037). The first progress report was submitted in April 2018. 2. The Kenya Electricity Expansion Project (KEEP or the Project) was designed to increase capacity and efficiency of electricity supply and expand access to electricity in urban, peri-urban and rural areas. KEEP was approved by Executive Directors on May 27, 2010 for US$330 million equivalent of International Development Association (IDA) financing. An Additional Financing for the Project for US$68 million equivalent was approved on June 16, 2016. Component A of the Project involved the construction of the Olkaria IV 140MW power plant, which is situated within the Hells Gate National Park, near Naivasha, in Nakuru County. The component also included construction of another 140MW plant at the existing Olkaria I site; steam gathering facilities to supply 4x70MW units (280MW) at the Olkaria I and IV power plants; a 10-kilometer road to the Olkaria IV power plant within the national park, and laboratories and offices (known as the Geothermal Complex) outside the park. The Kenya Electricity Generation Company Ltd. (KenGen), a partly privately-owned company, is the implementing agency. The Olkaria IV plant was taken over by KenGen from the contractor on September 12, 2014 and was officially commissioned on October 17, 2014. The Project closed on December 31, 2017. KEEP is successfully supplying 280MW of low-cost green energy into Kenya’s national grid system. 3. On November 13, 2014, a Request for Inspection, submitted by members and representatives of a Maasai community that was resettled due to the Project-supported geothermal developments in the Greater Olkaria Geothermal Area, was registered by the World Bank’s Inspection Panel (IPN Request RQ 14/06). The same concerns brought to the Panel were raised with the European Investment Bank Complaint Mechanism (EIB-CM) as the Project was co- financed by the EIB. 4. Management submitted its Response to the Request on December 19, 2014. Following Board approval of the Panel’s Recommendation on February 13, 2015, the Inspection Panel undertook to investigate the allegations. The Inspection Panel submitted its Investigation Report to the Board on July 2, 2015. On September 17, 2015, Management submitted its Report and Recommendation in response to the Inspection Panel’s findings. Given that EIB had initiated a mediation process to help resolve the identified issues, Management proposed to the Board to participate in the EIB-sponsored mediation process, through the Bank’s Grievance Redress Service (GRS) as co-facilitator, instead of undertaking consultations on remedial actions in parallel. 5. On October 20, 2015, the Executive Directors considered both reports and approved the Bank’s participation in the mediation process. The Board welcomed the Bank’s commitment to work through mediation to resolve outstanding issues and asked Management to return to the Board within one year to present the results of the mediation and an Action Plan for Board approval. 1 6. The mediation parties (representatives of the Maasai community and KenGen, the implementing agency) finalized and signed the mediation agreement on May 28, 2016. Fifteen of sixteen community representatives signed the agreement. One community representative decided not to sign the agreement but did not explain why. After the conclusion of the mediation session, at a Baraza (public community meeting) on June 10, 2016, the agreement was presented to the whole community, a clear majority of which supported it, as recorded in the minutes of the meeting and confirmed by observers from the Bank. 7. An addendum to the Management Report and Recommendation, dated October 30, 2016, was approved by the Executive Directors on February 16, 2017. The addendum contained the MAP to address Panel findings. The addendum also described the preparation for and outcome of the mediation process. II. IMPLEMENTATION OF THE MANAGEMENT ACTION PLAN 8. The MAP is aligned with the outcome of the mediation. It addresses issues of noncompliance identified by the Panel, based on the areas Management identified at the time of the Management Report and Recommendation, and also includes steps agreed during the mediation. Table 1 below provides the implementation status of the actions covered in the MAP as of March 31, 2019. 9. The Bank team has closely followed up on the progress of the MAP, both through meetings with KenGen and site visits made on March 28, 2018, August 28, 2018, September 21, 2018, October 3 and 26, 2018 and March 4, 2019. Nearly all actions, including transfer of the 1,500 acres of land to the Project affected people (PAPs), have been completed. The only remaining activities are the transfer of 14 acres of Cultural Center land and the cattle dip to the PAPs and transfer of the land on which the health clinic, community hall and churches are located to the relevant government ministries/church organizations. The activities that were under implementation as of the date of the last progress report in 2018 are discussed in detail below. Status of Activities 10. Construction of houses for additional PAPs identified during post-resettlement clinic. Construction of houses for the five PAPs, determined by the post resettlement evaluation committee to have been eligible for resettlement compensation in kind (houses), out of the 236 cases reviewed, was completed and the houses handed over to the PAPs on September 24, 2018. KenGen supported the PAP families to move into the houses. The Bank team made site visits during the construction of the houses and after the PAPs moved into the houses. Currently, KenGen has undertaken to correct minor defects of some doors after the contractor took unduly long to address the faults during the defects liability period. 11. Livelihood restoration. All the agreed livelihood restoration activities were completed in 2017 and 2018, except KenGen’s obligation to advise and support PAPs to advertise and market their wares when the PAPs reestablish the Cultural Center as their business location. The PAPs have yet to reestablish the Cultural Center but KenGen remains committed to support the PAPs with marketing. Additionally, the company will continue to provide up to four scholarships for 2 secondary school education of children of PAPs who meet the academic qualification criteria required under the MoU. Since 2015 KenGen has provided scholarships for nine children from the PAP community. KenGen has also been encouraging other geothermal businesses which are active at Olkaria to join in supporting the education of the children of PAPs. Two companies are already providing university education scholarships to some of the children of PAPs. 12. Water supply. KenGen completed the repairs of the damaged sections of the water pipeline it had earlier constructed for water supply to the PAPs; measures to protect the pipeline from more damage were completed in 2017. Some water pressure challenges remained in some households in parts of “RAPland” (the name designated by the Maasai community for the resettlement site). Improvement of water supply to the PAPs necessitated construction of a dedicated water tank and improvement in some distribution lines. The construction of a steel-reinforced concrete storage tank with a capacity of 200,000 liters, dedicated to the community, and construction of a redesigned direct water supply line to the Cultural Center community were completed and have been in use since September 30, 2018. KenGen pumps water to the main storage tank three times per week. In addition, each household has been provided with a 200-liter tank. 13. However, water supply to the PAPs has recently been compromised by two incidences of vandalism, the first by some youth from the PAP community who stole about 20 pipes in February 2019. The culprits are known to the community, but the community leaders decided to shield them from prosecution and handle the matter within the community. The community replaced half the stolen pipes. As it took some time for them to raise all the funds needed to purchase the pipes, KenGen responded to their request and purchased the other half of the needed pipes, which have since been installed. The second incident occurred on March 28, 2019 and involved theft of copper cables at the water pump house, rendering the pump that is used to supply the water to RAPland inoperable. The pump house was being guarded by guards from RAPland and the theft is under investigations by the Kenya police. KenGen is preparing to replace the stolen cables so that water pumping can resume. At present, KenGen is using trucks to deliver water to the PAPs. KenGen has also been undertaking the regular maintenance required by the water pipeline distribution system. 14. KenGen assisted the community’s water sub-committee to register a water-users self-help group with the Naivasha sub-county. This self-help group now enables the community to manage water supply, including charging user fees, which can be used to meet the operation and maintenance cost of the water distribution network. The community water sub-committee had also received training facilitated by KenGen on water conservation and harvesting, among others, in 2017. As part of the capacity building support, KenGen employed a water technician to work with the community in 2018. However, the sub-committee has since been inactive, although it is important for the PAPs to take over the water management role from KenGen and enforce sound water use practices among its members now that the MAP activities are coming to a close. Individual practices by some PAPs such as heavy irrigation of their farms and the above-cited vandalism of pipes and cables have compromised water supply to some of the community members. KenGen has continued to use its water trucks to supply water to the PAPs affected as a result of these practices. 3 15. Road maintenance. KenGen has continued to maintain the RAPland roads pending their handover to the relevant Kenyan government body for future maintenance since they are public roads. The subdivision scheme of RAPland means that the road network occupies about 41 acres of land, which will be owned by the government. KenGen informed the Bank team that following discussions with the Kenya Rural Roads Authority (KeRRA), which was involved in the approval of the design standards and monitoring of the road construction, it is unclear if this category of feeder/access roads will belong to KeRRA or the county government of Nakuru. KenGen is consulting with the National Lands Commission in this regard. Once it is established which government body should own the roads, KenGen will hand over the roads to that government body and notifying the end of KenGen’s commitment to further maintain the roads. 16. Land productivity assessment, improvement and stabilization study. The works to rehabilitate gullies, including construction of gabions and storm water drainage, which began in December 2017 were completed on October 30, 2018. In total, eight major gullies and fifteen minor ones were rehabilitated. Planting of grass at the rehabilitated sites started but was postponed due to the drought that the country is currently facing. The activity is planned to continue mid- 2019. 17. Status of the land title transfer. The 999-year leasehold title for the 1,500 acres in RAPland was transferred to the nine registered trustees of the PAPs’ Welfare Society (Ewang’an Sinyati Welfare Society) on February 21, 2019 and was formally handed over to the PAPs on March 14, 2019. The transfer process was expected to have been completed in June 2018 but was delayed for several reasons. First, the increased due diligence on land transactions recently introduced at the Ministry of Lands as part of the government’s anti-corruption fight slowed the transfer process. Second, there was a typographical error in one of the reference numbers in the subdivision scheme, which was noticed only during the process and which required a correction. Third, the Ministry of Lands issued the title based on the approved subdivision deed plans first to KenGen to subsequently prepare a second transfer to the PAPs’ trustees. 18. The transfers of the titles for the cattle dip and the 14 acres of Cultural Center land are still being processed at the Ministry of Lands. However, it should be noted that while the legal steps move ahead, the community does have full and unfettered access to the cattle dip and the 14 acres of the Cultural Center land. The transfer of the 14 acres for the Cultural Center also involved a change of user of the land from agricultural to commercial based on the PAPs request. However, KenGen was subsequently advised by its lawyers and surveyors that the change of user would significantly reduce the term of the leasehold to be issued because leasehold titles for commercial properties are capped at 99 years (compared to the expected 999 years), and which was not acceptable to the PAPs. As a result, KenGen had to have the earlier subdivision scheme with change of land use type reversed and initiate a new title transfer process without a change of land use type. The subdivision approval was given on February 19, 2019 and the remaining steps are issuance of the deed plan for the land, which will be lodged with the Ministry of Lands, for issuance of the title to KenGen, following which KenGen will transfer the title for the Cultural Center land to the PAPs. The transfer process of the small parcels of land to the community for the cattle dip and social hall has also started. KenGen is following up regularly on the remaining steps to complete the transfers and is also applying lessons learnt in the processing of the title for the 1,500 4 acres of RAPland. These transfers, though largely outside KenGen’s control, are expected to be completed by September 2019. 19. Request for conversion of the land title from leasehold to freehold. As indicated in the previous progress report, the Bank had consulted a Kenyan land rights expert and obtained the opinion of a reputable Kenyan law firm on the feasibility of the PAPs’ community request to convert land titles from leasehold to freehold, 1 and both had confirmed the legal uncertainties surrounding the possibility of such conversion as well as lack of precedent. Both also advised that the community should first secure the land titles in their current form as leaseholds and explore the feasibility of a conversion to freehold afterwards. The title for the 1,500 acres at RAPland which was transferred to the community is a 999-year leasehold. 2 20. Fencing of RAPland and the Cultural Center land. Fencing of RAPland and the Cultural Center land was completed on August 24, 2018. 1 Leasehold is a form of land tenure that is limited by a term, while Freehold is full ownership, not limited by a term. 2 The leasehold period for the transferred title starts from the date of first issuance of the title which is May 1, 1950. 5 Table 1. MAP Implementation as of end February 2019 (Actions completed in the previous reporting period are described in more detail in the First Progress Report from April 2018.) Issue/ Action Category Action Action implemented/timeline A) Identification of Project Affected Persons 1) Ensure that Project - KenGen will convene a Completed (in previous reporting Affected Persons who post-RAP clinic where period) believe that they have the cases of the 200 been left out or wrongly individuals whose names categorized understand were submitted by the that they can bring complainants will be re- forward such claims examined and a decision on their entitlements made on a case by case basis. This will be witnessed by representatives of: the Council of Elders (CAC), RAP Implementation Committee (RAPIC), KenGen, GIBB Consultants, EIB-CM, World Bank, and Ministry of Energy and Petroleum. The Deputy County Commissioner for Naivasha Sub-county or his representative, will preside over the clinic. - KenGen will publicly announce the dates and venue of the clinic in Kiswahili and Maa languages at least 2 weeks in advance to the community through complainants’ representatives, RAPIC, Mediators, World Bank, and EIB-CM. 2) Review claims and - KenGen commits to Completed confirm or revise the provide additional houses Five (5) eligible PAPs wrongly omitted entitlements where at RAPland for those from housing entitlements were identified justified Project affected people in 2017. The contract to build the who were found eligible additional houses was awarded on January and who were wrongly 5, 2018. The houses, each complete with omitted, based on the electricity supply and 200-litre water tank, 6 Issue/ Action Category Action Action implemented/timeline outcome of the were handed over to the PAPs on verification (under A.1). September 24, 2018. - KenGen commits to Completed (in previous reporting provide any cash period) compensation for those Project affected people who were found eligible and who were wrongly omitted, based on the outcome of the verification (under A.1). B) Consultation, Participation and Grievance Redress 1) Review the Grievance - KenGen will update and Completed (in previous reporting and Complaints improve the current period) Handling Mechanism grievance redress (GCHM) and discuss structure to ensure that it with Project affected is independent and people possible effective. adjustments to improve - KenGen will also its functionality. consider community proposals for the design of the grievance redress structure to ensure that traditional community structures are reflected in such a mechanism. KenGen will reach out to community representatives to obtain such proposals. 2) Facilitate participation - KenGen will promote Completed (in previous reporting of Project affected enhanced representation period) people, including of youth in future women and youth, in Stakeholder Coordination community committees Committees (SCC) to and facilitate access to facilitate communication livelihood restoration on job opportunities as opportunities they arise. RAPland youth will be mobilized to nominate their representative and forward the name to KenGen for inclusion into the SCC membership. This will enhance youth participation in Project implementation. 7 Issue/ Action Category Action Action implemented/timeline - KenGen will engage with Completed (in previous reporting the National Youth period) Service (NYS) 3 to seek to create a partnership for RAPland youths; the National Youth Service, a government department, will ensure the youth have access to technical skills training and apprenticeships in different fields, leading to job placement opportunities. - KenGen will promote Completed (in previous reporting enhanced representation period) of women in future SCC to enhance their participation and to facilitate communication on job opportunities as they arise. KenGen will reach out to RAPland women to nominate their representative and provide the names for inclusion into the SCC. - KenGen will consider Completed (in previous reporting additional Project period) affected people from existing community sub- project committees for inclusion in RAPIC; these will be drawn from among youth and women to enhance their representation in RAPIC. - KenGen will ensure that Completed (in previous reporting every PAP has access to period) the measures proposed above and specifically that the most vulnerable are given priority access to unskilled and semi- skilled employment and 3 The National Youth Service is a government department. The purpose is to alleviate youth unemployment by providing necessary skills. 8 Issue/ Action Category Action Action implemented/timeline training programs conducted by KenGen. C) Adequacy of Resettlement Site and Infrastructures and Amenities 1) Ensure finalization of Land Titles: Completed the land titling process - KenGen will transfer 1,500 acres Community Land: for the 1,700 acres 4 at titles for 1,500 acres at RAPland and for 14 The signed transfer of title for the 1,500 RAPland and 14 acres at acres of community land was lodged with acres for the Cultural the Cultural Center to the Center the Ministry of Lands for registration and Project affected people. issuance of titles on March 5, 2018. Title KenGen will complete was issued on February 21, 2019 and the process of title formally handed over to the PAPs on transfer once the March 14, 2019. community has nominated and registered Ongoing the trustees holding the 14 acres Cultural Center Land: land on behalf of the The subdivision of the 50 acre title from community. which the 14 acres of Cultural Center land were to be taken from was approved on June 20, 2017. The process included a change of user for the Cultural Center land from agricultural to commercial. However, KenGen was subsequently advised that the change of user would automatically reduce the leasehold title from 999 years to 99 years. Thus, the earlier approval for subdivision and change of user had to be reversed and started afresh. The approval for the subdivision was obtained on February 12, 2019. The remaining steps are: - Approval of the Deed Plan by the Survey of Kenya and its registration, and issuance of 14-acre title in the name of KenGen. - Application to the Land Control Board for Consent to transfer title of the 14-acre parcel to the Welfare Society. - Lodging documents required for transfer and registration of title. - Valuation for stamp duty by the Ministry of Lands and payment by KenGen. - Transfer and registration of title deed for Cultural Center land (14 acres) in the name of Ewang’an Sinyati Welfare Society through the trustees. 44 1,500 acres of community land and 200 acres of social amenities, e.g., roads, school, dispensary, social hall, etc. 9 Issue/ Action Category Action Action implemented/timeline Due to the extra diligence being exercised at the Ministry of Lands, the process is expected to take about 6 months and to be completed in September 2019. - KenGen will process and Ongoing hand out subdivided titles Olkaria primary school, dispensary, for public facilities on church, social hall, dispensary, local RAPland, such as road administration, have applied to National network, health facility, Land Commission for allotment of land. school, and other The titles will be issued to the relevant registered social government ministries/organs. The Baptist amenities (e.g., churches). Church has also applied for a title which will be issued to the church. Olkaria secondary school, Gospel assembly and Open Gate church have not applied as they are still pursuing registration of the respective institutions. - KenGen will provide Completed (in previous reporting RAPIC with the RAPland period) map sheet and accounts for the 200 acres of social amenities. - KenGen will revisit and Completed (in previous reporting confirm with surveyors period) and community members the boundaries of the 14 acres of Cultural Center land. - KenGen will fence the 14 Completed acres of the Cultural The fence was completed on August 24, Center and provide signs 2018. to protect against encroachment, unauthorized access and theft. - KenGen will support Completed (in previous reporting community efforts to period) ensure complete vacation of the Cultural Center, and jointly inspect the situation upon completion. 2) Ensure finalization of Water supply: Completed RAPland infrastructure, - KenGen will continue to The water line re-routing and rehabilitation including water supply ensure reliable interim works were completed in January and and roads water supply through February 2018, which improved water 10 Issue/ Action Category Action Action implemented/timeline KenGen water bowsers supply significantly. However, low water while the RAPland pressure continued to be a challenge due to waterline is being inadequate storage and illegal connections restored. by households. To address this challenge, KenGen constructed a 200,000-liter storage tank dedicated to PAPs, which was completed on October 26, 2018, filled with water on October 27 and 28, followed by testing of the distribution pipes on October 29, 2018. KenGen has continued to undertake routine repairs of the water distribution system as needs arise. Recently, however, two cases of theft of parts of the water infrastructure have adversely affected water supply to the PAPs. These are pipes that have been stolen by some people from the PAP community and theft of cables at KenGen’s pump house used to pump water to RAPland. The PAPs took responsibility for the stolen pipes and replaced half of them while KenGen assisted them to replace the balance. The company plans to procure the stolen cables in order to resume water pumping as the pump house theft is being investigated by the police. In the meantime, water supply to the PAPs is being provided by KenGen through mobile trucks. KenGen will hand over the water infrastructure to the community once the stolen pump house cables are replaced for ownership and management and hopefully incidences of theft by some delinquent PAPs will be controlled. - KenGen will repair and Completed (in previous reporting extend a permanent water period) pipeline in RAPland. - KenGen will support the Completed (in previous reporting establishment of a Water period) Resource Users Association in the community to ensure sustainability of the water lines and systems and ownership by Project affected people of water management and conservation initiatives. 11 Issue/ Action Category Action Action implemented/timeline - KenGen will procure a Completed (in previous reporting consultant to train Project period) affected people on water harvesting (e.g., collection from roofs and storing in tanks) and conservation, and on maintenance of water line systems. - KenGen will re-route Completed (in previous reporting main water pipeline away period) from the road sides and build bridges to support the pipes over the gullies to avoid recurring damage to the line. - KenGen will repair the Completed main water storage tank Construction by KenGen of a 200,000-liter at Olkaria IV and install water storage tank for the community were one additional water tank. completed on October 29, 2018. Roads: Completed - KenGen will repair the The unusually heavy rainfall experienced road to unreachable in Kenya from late April to June 2018 houses beyond the school. caused damage to the road network in RAPland and created additional gullies. A number of the roads that link the PAPs’ villages with the main link road were cut off and the roads became unmotorable as culverts and gabions were swept away, severing some homes from the network. The damage to roads was not limited to RAPland but affected other parts of the country as well, however, it was worse in some parts of the rift valley due to the loose nature of the soils. As soon as the rains stopped, KenGen engaged a new contractor to repair the roads and the eroded gully passes, using new design that would ensure the pass structures can withstand flash floods while minimizing the siltation of the culverts that can lead to their failure. Overall, a total of eight major gullies and fifteen minor ones have been rehabilitated. The repair of gorges and rehabilitation of gullies were completed by October 30, 2018. Planting of grass at the sites commenced, was paused during the 12 Issue/ Action Category Action Action implemented/timeline drought, and will continue after the next rainy season, expected in April-May 2019. - KenGen will provide Completed short-term solutions for flood related road conditions, such as creating temporary routes while the main road is under repair. - KenGen will upgrade Completed (in previous reporting RAPland roads to all- period) weather condition, according to the standards of Kenya Rural Roads Authority (KeRRA). - KenGen will register and Ongoing hand over the roads to KenGen initiated discussions with KeRRA KeRRA to ensure on the inspection, handover and government maintenance maintenance program upon receipt of the 1 year after receipt of the completion certificate. KenGen excised the completion certificate. land taken up by roads from the PAPs’ land and the deed plan for this land had been surrendered to the Government. KenGen has confirmed that titles are not issued for public roads. However, it is currently uncertain whether KeRRA or the county governments will own the feeder roads. KenGen is consulting with the National Lands Commission and the county government and once ownership is clarified, will write to the relevant body communicating the end of its road maintenance commitment. - KenGen will review Completed (in previous reporting feasibility of using box period) culverts across gullies, as suggested by community. - KenGen will maintain Ongoing roads for at least one year KenGen has an ongoing obligation to after completion of works maintain the roads until they are taken (receipt of the completion over by KeRRA (or the county certificate), prior to government). KenGen is planning to handing over to KeRRA. undertake minor maintenance of roads within RAPland again, including repair of a depression in a road next to the Cultural Center. 13 Issue/ Action Category Action Action implemented/timeline - KenGen will identify the Completed (in previous reporting areas where additional period) road repairs are needed and carry out such repairs. Others Completed (in previous reporting - KenGen will provide period) bookshelves for school library. - KenGen will deliver Completed remaining medical clinic The remaining medical clinic equipment equipment. was delivered. - KenGen will provide Completed clinic shelves, repair Clinic shelves were completed. Works for fence, fabricate and fabrication of 345 Kraal gates and fence install Kraal gates, and repairs at RAPland were completed on discuss staffing issues July 30, 2017. KenGen wrote to the with county government Ministry of Health, Naivasha Sub-county to achieve improved to consider providing additional support staffing of the county-run staff to the clinic and a response is still clinic. awaited. An additional clinical officer had been posted to the clinic in late March 2018. 3) Ensuring - KenGen will identify four Completed rehabilitation/restoration major gullies that require Please see update on gullies above. of land at resettlement stabilization and procure site a contractor to undertake the required works. - KenGen will undertake Completed (in previous reporting studies with technical period) experts to assess and recommend practical and sustainable interventions to improve soil stability, erosion prevention, productivity of pasture and smallholder agriculture, as well as the below actions: a) Procure a Consultant to undertake RAPland Improvement Studies. b) Mapping of key Completed (in previous reporting environmental period) problematic areas (highly 14 Issue/ Action Category Action Action implemented/timeline eroded areas/ unstable areas). c) Soil testing for purposes Completed (in previous reporting of determining period) appropriate vegetation and fodder crop species for the area. d) Raising of fodder crops Completed (in previous reporting and other plant species at period) KenGen tree nursery. e) Identification of land Completed (in previous reporting rehabilitation and period) improvement measures, including soil stabilization and soil control measures, and land productivity improvement measures. f) Technical assessment of Completed (in previous reporting soil stability and period) recommendations on sustainable interventions (productivity of pasture and smallholder agriculture) and supervision. D) Livelihood Restoration 1) Have an independent - KenGen will share with Completed (in previous reporting post-relocation survey the community period) done to determine the representatives the overall post-relocation criteria used for assessing impacts on the Project vulnerability with RAPIC affected persons, in by June 30, 2016. particular, vulnerable - KenGen will reassess the Completed (in previous reporting and poor people status of the six period) affected by the Project individuals whose names were submitted in addition to the eight individuals already identified by KenGen and communicate the result of this re-assessment. 2) Formulate tailor-made - KenGen will continue Ongoing programs to ensure support of RAPland Since 2015 KenGen had granted a total of livelihood activities for Olkaria Primary Pupils nine secondary school scholarships that the vulnerable and the through scholarships. cover school fees, uniforms and other 15 Issue/ Action Category Action Action implemented/timeline very poor among the expenses to the RAP community for Project affected persons students who met the criteria agreed in the (as identified through MoU. In 2018, only one student met the the survey) are requirements for the scholarship and he enhanced. was supported. 3) Continue to work with - KenGen will support the Completed (in previous reporting disabled Project affected vulnerable Project period) persons to ensure affected people by linking accessibility of houses the elderly and orphans to and facilities provided the national government at RAPland social safety nets as well as linking the Naivasha Sub-county Medical Officer Health with the Kenya Palliative Care Society to train and build capacity of the local health unit and community to administer palliative care. - KenGen will consult with Completed (in previous reporting every vulnerable period) household head and identify sustainable actions for the identified vulnerable Project affected people and agree to implement them. - KenGen will review the access issues raised by Completed (in previous reporting handicapped community period) members at RAPland with a view to either relocate them inside RAPland or make needed adjustments to their housing, for better access. 4) Formulate training and - KenGen will procure a Completed (in previous reporting other programs and consultant to undertake a period) advise Project affected feasibility study to assess people on income potential business and restoration options, employment including for youth and opportunities. Based on women the study’s findings the consultant will carry out training needs assessments, develop and 16 Issue/ Action Category Action Action implemented/timeline deliver the required training for: - Women. Train, advise Completed (in previous reporting and support women period) traders and Project affected people on sustainable production of wares, advertising and marketing of wares, and alternative incomes beyond livestock and tourism, e.g., agricultural production, entrepreneurships, craftworks, etc. - Cooperatives. KenGen Completed (in previous reporting will deliver the training period) for forming trading groups and cooperatives. - Marketing. KenGen will Ongoing advise and support Once the PAPs reestablish the Cultural Project affected people to Center, KenGen will advise and assist in advertise and effectively marketing. market their wares. - Micro-finance facility. Completed (in previous reporting KenGen will explore period) possibilities of starting a micro finance facility to ensure access to small business finance at RAPland 5) Support provided to the - KenGen will fence the Completed Cultural Center Cultural Center land and Completed on June 28, 2018. provide signage to protect from encroachment. - KenGen will support Completed (in previous reporting community efforts to period) ensure Cultural Center is vacated and facilitate a joint inspection of the situation at the Cultural Center. - KenGen will support Completed (in previous reporting preparation of a period) feasibility study on potential business development plan for the 17 Issue/ Action Category Action Action implemented/timeline Cultural Center (i.e., identify existing businesses, their performance, challenges, and ways of improving, and identify feasible ecotourism business options). 6) Offer support to manage - KenGen will provide Completed (in previous reporting the funds generated awareness raising among period) from leasing out the bus Project affected people to ensure cost effective about the Welfare Society and affordable to promote ownership and transportation for those participation among the Project affected persons community. whose income depends - KenGen will provide Completed (in previous reporting on commuting training in corporate period) governance and accountability to the Project affected people's Welfare Society to enhance its capacity to manage their assets (including bookkeeping, accounting, annual reporting trusteeship, society elections). - KenGen will convene a Completed (in previous reporting meeting with the period) participants of the mediation process to consider community proposals to resolve the transport issue. Submit proposals to the mediators to resolve the transport issue at the June 3, 2016 meeting. - KenGen will participate Ongoing in all further discussions KenGen has continued to participate in and meetings as may be discussions initiated by the community or convened and required to Welfare Society on bus utilization. resolve the issue of maximizing the KenGen, through the SCC for the power availability of transport plant projects, has supported the PAPs in facilities for the having the bus hired by the contractor community. constructing the new Olkaria I Unit 6 project at commercial rates. 18 Issue/ Action Category Action Action implemented/timeline E) Bank Safeguards Capacity and Supervision 1) Ensure strengthened - Management will retain Completed (in previous reporting safeguards coverage of Lead Safeguards period) the entire portfolio Specialist based in Nairobi to advise on complex social safeguards issues, support quality control, and advise on the country program. The specialist will also support coordination and monitoring of the safeguard performance of the country portfolio; - Management will hire additional specialist consultants to ensure effective supervision of safeguards; - Management will intensify training of safeguards specialists, specifically to strengthen skills in managing complex social issues; III. CONSULTATIONS WITH REQUESTERS ON MAP IMPLEMENTATION PROGRESS Community Consultation on MAP Implementation 21. The progress in the implementation of the MAP as described in this Report was presented to and discussed with the Requesters and a broad representation of the community in consultation meetings that took place April 12-17, 2019. 22. Participation. Representatives of the following community groupings were targeted to participate in consultations: (a) Requesters’ representatives at the Mediation Table; (b) women and youth who work at the Gorge – Cultural Center; (c) CAC Elders and leaders of RAPIC representing the four affected Villages; (d) leaders or officials of Welfare Society and Members of Water, Roads and Education Committee; and (e) five Requesters who were resettled through mediation. 23. Summary. The response was generally positive. The community expressed satisfaction that MAP issues have been addressed. Participants were particularly happy that the issue of land titles will soon be fully resolved, with only the 14 acres at the Cultural Center outstanding. Youth are 19 experiencing some difficulties in participating in elections, but the skills development training is appreciated. Feedback on Key Issues 24. Land titles. All but one respondent (who questioned the authenticity of the signatures on the transfer documents) approved the actions on land titles. There were no longer any concerns expressed about the outstanding issuance of title to the Cultural Center land. The community noted that when processing titles for churches, KenGen should ensure that it is conveyed to the registered church. It was also suggested that land for the primary and secondary schools should be vested with the Ministry of Education. The community anticipated that the title process would be completed by June 30, 2019, although KenGen may have no control over this. 25. Land productivity/soil stabilization. The response was generally positive. The community commended KenGen for the gabions and stone pitching along the roads and river crossings but had doubts this would withstand torrential rains in future. The community also recognized that it will need to plant trees and other vegetation to improve ground cover over time. The participants noted that the study report on land productivity improvement had been provided to the Welfare Society. There was a general view that KenGen has done its best, although a few felt that the promise to establish a tree and shrubs nursery should have been kept. 26. Transportation. The bus has been made serviceable and leased out to a third party by the Welfare Society, and the community is largely supportive of this, given how long the bus had been idle. Only one participant suggested that the Welfare Society should sell the bus and buy small vans for the women traders to use as transport. During the consultation it was noted that several private transport players have entered the market offering services to RAPland. This has also contributed to reducing tensions concerning transportation. 27. Water Distribution. The majority of the community is satisfied with the actions thus far, in particular the large water tank and the distribution system which allows water to be made available at least twice a week in RAPland. These actions were taken in part to address water pressure issues and all the villages at RAPLand now reported good water pressure. There have been several vandalism and theft incidents concerning water pipes and copper piping at the pump house, even though the latter was guarded by a private company engaged by KenGen. Once repairs are made, KenGen should move with speed to handover the tank and piping infrastructure in RAPland to the Welfare Society Community Water Committee. KenGen would then be responsible for the pump house and the community for the distribution infrastructure. 28. RAPland roads. The roads are passable and all the damaged bridges, river crossings and steep embarkments have been repaired. The community expressed satisfaction with the works especially the building of the drifts instead of bridges, installation of culverts, stone pitching and gabions on steep embarkments as well as building of water runoff trenches to stop soil erosion along the roads. The community noted that until the measures taken have been through the heavy rains, it is difficult to rate their efficacy. Some community members thought KenGen would do a better job than KeRRA in terms of upkeep and repairs, whereas others preferred the road agency. 20 29. Vulnerable PAPs. The process of identifying vulnerable persons was discussed. Almost all participants approved of the selection process and were grateful for KenGen’s continued support to this group. 30. Youth Empowerment and Employment. Despite assurances of a proactive effort to ensure that young people are engaged in project SCCs, most youth felt that KenGen was unable to convince RAPIC and community leaders to allow the youth to participate by nominating them to the SCCs. They have thus felt disadvantaged and powerless since they are not comfortable standing against their elders in SCC elections. Some participants were also concerned that SCC positions could be bought, leading to control of decision making on who to recommend for project positions. 31. The participants also thanked KenGen for organizing training programs in skills development and in particular the National Youth Service skills training. There are six graduates of this program and most of those who complete the course have good chances of employment. 32. Conclusions. Overall, the community is supportive of MAP implementation and aware of the challenges that KenGen faces in implementing the MAP given RAPland’s physical terrain, which makes it difficult or expensive to achieve the desired goals. The community sees the resettlement as a blessing over the long term, given RAPland’s proximity to KenGen and Olkaria. IV. NEXT STEPS 33. The next Progress Report to the Board. The next Progress Report will be submitted in 12 months, or when the MAP is completed, whichever occurs first. 21 ANNEX 1: PICTURES Picture 1. One of the five additional houses being constructed Picture 2. One of the five additional houses being constructed 22 Picture 3. One of the five additional houses being constructed Picture 4. One of the five additional houses being constructed 23 Picture 5. One of the five additional constructed Picture 6. One of the five additional constructed Picture 7. Construction of dedicated 200,000 liter water tank 24 Picture 8. Construction of dedicated 200,000 liter water tank Picture 9. Completed dedicated 200,000 liter water tank Picture 10. Repaired cattle trough 25 Picture 11. Water Kiosk Picture 12. Road and Gulley Rehabilitation – Rehabilitated Gorge 6 26 Picture 13. Rehabilitated Gorge 4 downstream Picture 14. Rehabilitated Gorge 4 upstream 27 Picture 15. Rehabilitated Gorge 3 Picture 16. Completed Gorge 10 28 Picture 17. Gorge 10 upstream Picture 18. Gorge 10 upstream 29 Picture 19. RAPland and Cultural Center fences Picture 20. RAPland and Cultural Center fences 30 Picture 21. RAPland and Cultural Center fences Picture 22. RAPland health clinic 31