MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN
DEVELOPMENT
KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT
RESETTLEMENT ACTION PLAN
KISUMU NDOGO INFORMAL SETTLEMENT
MOMBASA COUNTY
MAY 2019
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
DEFINITION OF TERMS
Abbreviated Resettlement Action Plan is a resettlement document prepared to mitigate impacts
that has affected less than 200 Project affected persons in accordance to World Bank OP 4.12.
Compensation/Facilitation means payments made in cash in recognition of loss of assets and
Livelihoods resulting from impacts caused by planning and surveying.
Complete Displacement: means the displacement of a structure owner or institution PAP etc. from
one parcel of land to a different parcel of land outside the settlement due to the planning and survey
activities including demarcation of roads.
Cut-off date is the date of start of the socio-economic survey/census and asset inventory of PAPs.
Persons entering and/or occupying land in the project area after this date and not included in the
inventory of PAPs will not be considered eligible for facilitation. Similarly, fixed assets such as
structures, established after the cut-off date will not be compensated/facilitated.
Grievance: is any dissatisfaction or sense of injustice or unfairness felt by a person in this respect
a PAP or his/her representative in connection with his/her compensation entitlements, the RAP
implementation process, the project and other scenarios related to project implementation.
Squatters are those who have extended their settlements into Government lands and have no
formal right or claim to the portion of the lands.
Market rate: The selling price of a commodity in the open competitive market.
Project Affected Person(s) (PAPs) are persons, households, enterprises, and public or private
institutions affected because they may lose, be denied, or be restricted access to economic assets;
lose shelter, income sources, or means of livelihood. These persons are affected whether or not they
must move to another location.
Public Participation is a facilitative process of strengthening the organizational and management
capacities of people in such a way that they become self-reliant in solving their own problems. It
connotes the organized action of the people towards the resolution of issues or acquisition of what
they desire and what may benefit them. This, then, requires that people, as a group, must have
proper ownership of actions and highly organized course of action.
Rehabilitation Assistance is the additional support, over and above compensation accorded to the
vulnerable or at-risk members of the affected community during implementation of the RAP e.g.
labor support.
Relocation/Localized displacement means displacement of a structure owner or institution PAP etc.
from one parcel of land to a different parcel of land (within the settlement) due to the planning and
survey activities including demarcation of roads.
Replacement cost means replacement of assets with same quality and quantity with an amount
sufficient to cover full cost of lost assets and related transaction costs and taxes. The cost is to be
based on Market rate (commercial rate) according to Kenyan law for sale of land or property,
without depreciation in addition to other considerations such as (a) transporting building materials
to the construction site; (b) any labor and contractors‟ fees; and (c) any registration costs.
Resettlement Action Plan Abbreviated Resettlement Action Plan (ARAP) or Resettlement Action Plan
(RAP) is a resettlement instrument (document) to be prepared when program locations are
identified. In such cases, planning and survey activities including demarcation of roads leads to
physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods. ARAPS or RAPs
contain specific and legal binding requirements to resettle and compensate/facilitate the affected
party before implementation of the project activities. According to provisions by the World Bank OP
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
4.12, RAP is prepared where project affected persons are more than 200 while ARAP is prepared
where project affected persons are less than 200.
Resettlement Assistance means the measures to ensure that Project Affected Persons who may
require to be physically relocated are provided with assistance during relocation, such as
moving/shifting allowances for ease of resettlement, residential housing or rentals, rental allowance
whichever is feasible and as required, for ease of resettlement.
Resettlement Policy Framework (RPF) has been prepared as an instrument to be used throughout
the informal settlements improvement project implementation. The RPF was disclosed to set out the
resettlement and compensation policy, organizational arrangements and design criteria to be
applied to meet the needs of the people who may be affected by the project. The Resettlement
Action Plans (“ARAPs”) for the project will be prepared in conformity with the provisions of this RPF.
Survey means a 100% field assessment carried out to identify and determine the number of Project
Affected Persons (PAP).
Specialized Assistance: Involves assistance to the vulnerable PAPs in reconstruction of affected
structures through provision of transport and labor from the community or SEC during
reconstruction of the affected structures.
Vulnerable Groups include all those affected by the project who re below the poverty line, the
elderly, women and children headed households, the disabled, indigenous people, ethnic minorities
or other Project Affected Person who may not be protected through national land compensation
legislation.
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
LIST OF ABBREVIATIONSAND ACRONYMS
ARAP Abbreviated Resettlement Action Plan
AFD Agence-Française de Development
GO Grievance Officer
HH Household
GRM Grievance Redress Mechanism
KISIP Kenya Informal Settlements Improvement Project
MoTIH&UD Ministry of Transport, Infrastructure Housing and Urban
Development
LIS Land Information System
LPDP Local Physical Development Plan
IoL Inventory of Losses
NLC National Lands Commission
NLP National Land Policy
NGO’s Non-Governmental Organizations
OP Operations Policy
PAD Project Appraisal Document
PAPs Project Affected Persons
PDP Part Development Plan
PC Project Committee
PCT Project Coordination Team
RAP Resettlement Action Plan
RIC Resettlement Implementing Committee
RIM Registry Index Maps
ROW Right of Way
RPF Resettlement Policy Framework
SGRC Settlement Grievance Redress Committee
SEC Settlement Executive Committees
SIDA Swedish International Development Cooperation Agency
WB World Bank
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
EXECUTIVE SUMMARY
Project Information
The Ministry of Transport, Infrastructure, Housing and Urban Development (MTIHUD) is
implementing the Kenya Informal Settlements Improvement Project (KISIP) in 14 counties in Kenya.
The overall objective of KISIP is to improve living conditions within informal settlements in the
country through tenure regularization and infrastructure development. This Project is part of KISIP
component 2 which aims to ensure security of tenure within target settlements. The component
supports systematization and scaling-up of settlement planning and tenure security in urban informal
settlements.
Mombasa County is among the target counties where Kisumu Ndogo Informal Settlement is located.
The settlement is strategically located 5 km from the city centre of Mombasa within Nyali Sub-
county in Kongowea Ward. It borders Maweni Secondary School to the North, ShauriYako
Settlement to the East, and Mnazi-Moja to the South. The settlement size is estimate to be 3.97Ha
and home to approximately 5,000-8,000 people.
This report presents Resettlement Action Plan (RAP) prepared for Project Affected Persons (PAPs) in
the settlementthat are affected by the planning surveying and tenure regularization process
undertaken under KISIP component 2. The report also provides applicable entitlement,
compensation and livelihood restoration measures to the Project Affected Persons (PAPs) identified
as required by the World Bank Social Safeguard Policy OP 4.12 on Involuntary Resettlement and
Kenya’s Laws and regulations. .
Planning and Surveying Process in the Settlement
The planning process was community driven where all beneficiaries and stakeholders were involved
from the onset of the planning process. Initial activities involved reconnaissance survey followed by
Settlement Executive Committee (SEC) and community sensitization forums which were aimed at
ensuring that the community members in the settlement own theplanning process. The process also
involved mapping and delineation of settlement boundaries, physical mapping of structures, socio-
economic survey, community visioning, preparation of the Local Physical Development Plan (LPDP)
and verification of beneficiaries.
The process generated a list of beneficiaries which informed preparation of base map, LPDP and
survey plan of the settlement. The resultant LPDP was presented to the community for verification
through a validation process by the community. The total number of beneficiaries enumerated in the
settlement is 172 who include; 111male, 58 female, 3community public spaces for public utilities. The
total number of plots are120 .
To ensure the beneficiaries are aware of available title registration and the corresponding benefits,
KISIP and the Chief Lands Registrar will carry out more settlement oriented community sensitizations
on titling and registration. The forums will emphasize the importance of joint titling for spouses as a
means to advancing women rights to owning land as well as allow for changes to the title beneficiary
list before final printing of the titles. The Land Control Board (LCB) will also play an important role in
regulating land transactions with an aim of safeguarding women rights to land ownership.
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
This regulation makes it harder for one spouse to sell land without the consent of the other even
when only one spouse’s name appear on the title. After Implementation of RAP, the National Land
Commission as the custodian of public Land will officially transfer the land from public to individual
beneficiaries through issuance of titles as per Kenyan Land Laws.
Tenure Regularization Impacts
The total number of PAPs in the settlement is 379 PAPs. Among the total number, 145 PAPs are male
including 15PAPs who are vulnerable while 234 PAPs are female including4 PAPswho are vulnerable.
Also from the total number of PAPs above, 151 Structure owner PAPs will lose structures used either
for residential and subsistence business, among them 50 PAPs are female while 101 PAPs aremale.
For loss of business, 111 PAPs will temporarily lose livelihood derived from small scale business and
income from rental structures. The PAPs temporarily losing business livelihood are 51 among them 34
female and 17 male while the number of PAPs losing rental income are 60 among them 27 female
and 33 male.
From the total number of PAPs 228 PAPs are tenants who include 95 PAPs female and 133 PAPsmale.
Approach and Methodology
The methodology adopted during preparation of this report was guided by World Bank OP 4.12
on Involuntary Resettlement, KISIP Resettlement Policy Framework (RPF) 2014 and Land Act,
2012 and other relevant enabling legislations.
Public Consultations
This phase involved consultations with stakeholder including community members during
planning and surveying also during RAP preparation phases within the settlement. As detailed in
chapter 10 tables 5-2, nine (9) different community consultations were organized in the
settlement where planning and RAP related issues were discussed. The forums included but not
limited at: (i) Socio economic survey stage (ii) Community visioning stage (iii) Presentation of
Base map stage (iv)Verification of beneficiaries (v) LPDP presentation where the cutoff date of
3rd February 2018 was declared.
Two more specific meetings were organized during RAP preparation phase with the PAPs
where RAP related issues were discussed with the PAPs. These issues included; Discussion on
Project RAP Impacts, Category of PAPs and entitlements and mitigation measures provided by
the RAP. Detailed minutes and list of attendance to the meetings described below is provided as
Annex 4 to this report.
Mitigation of Adverse Impacts
The Project Affected Person (PAPs) irrespective of their tenure status are eligible for assistance or
compensation if their assets or livelihoods sources will be affected by planning and surveying
activities before the cut-off date set as 3rd February 2018.
All structures affected will be compensated at replacement cost while livelihoods will be
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
compensated with cash as per the provisions of the entitlement matrix presented as table 8-1 in
chapter 8 of this report. For vulnerable PAPs and as provided by the KISIP Resettlement Policy
Framework (RPF), this RAP provides for additional Kshs 2,000 for the first 2months,
specialized1assistance during relocation and priority in disbursement of compensation funds.
KISIP will forward the details of the elderly to the County Government for enlisting to government
social programme such as the "InuaJamii cash transfer programme for aged persons.
This RAP also, provides for Ksh 1,500 facilitation rent allowance to be paid for 2months for 228
tenant PAPs enumerated in the settlement, this facilitation will enable them look for available
alternative houses to rent within/outside the settlement.
Grievance Redress Mechanism
This RAP provides for a three tier Grievances Redress Mechanism (GRM) at no cost to the PAPs.
The first tier is the Settlement Grievance Redress Committee (SGRC) which already exists within
the settlement; this committee will be the first level of grievance redress. The second level will be
the Resettlement Implementation Committee (RIC) which will comprise of KISIP Project
Coordinating Team (PCT), Mombasa County KISIP representative and the local administration. The
third tier will be the Courts of Law to be adopted as the last resort. A grievance log already issued
to the SGRC will document all grievances and their status and will be used to monitor GRM
progress.
Implementation of the RAP
The primary responsibility for the implementation of this RAP is with KISIP Project Coordination
Team (PCT) and the Mombasa County Government KISIP Unit. These units will ensure that all
PAPs are adequately facilitated as provided in the implementation schedule provided as table 10.4
in chapter 10 of this RAP.
RAP Implementation Budget
THIS INFORMATION HAS BEEN REDACTED FOR CONFIDENTIALITY AND TO PROTECT PRIVACY
Monitoring and Evaluation
The monitoring and evaluation framework provided by this RAP spells out a 3 level monitoring
arrangement to be used to evaluate achievement of RAP commitments. The levels include;
internal monitoring to be undertaken by KISIP RIC and safeguards team, external monitoring to be
undertaken by an independent firm hired by KISIP and a final completion audit to be undertaken
after implementation of the LPDP.
The parameters to be monitored will include among other; number of number of PAPs facilitated
including vulnerable PAPs, number of beneficiaries issued with title deed and number of
grievances triggered and successfully resolved. Detailed monitoring and evaluation plan is
presented in chapter 11 of this RAP.
1
Specialized assistance will include assistance in reconstruction of affected structures through provision of
transport and labour from the community and SEC during reconstruction of the affected structures.
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
RAP Commitments
The primary responsibility of implementation the RAP iswith KISIP Project Coordination Team
(PCT). The team will ensure that all PAPs are adequately facilitated according to the entitlements
and commitments of this RAP prior to issuance of title deeds to beneficiaries. This RAP also
provides specific commitments that will be undertaken by KISIP during RAP implementationphase;
these commitments are provided in chapter 12 section 12.2.
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
TABLE OF CONTENTS
DEFAMATION OF TERMS ................................................................................................................... I
LIST OF ABBREVIATIONS AND ACRONYMS ........................................................................................ V
PROJECT INFORMATION ............................................................................................................................... VI
TENURE REGULARIZATION IMPACTS .............................................................................................................. VII
APPROACH AND METHODOLOGY .................................................................................................................. VII
PUBLIC CONSULTATIONS ............................................................................................................................. VII
MITIGATION OF ADVERSE IMPACTS............................................................................................................... VII
GRIEVANCE REDRESS MECHANISM .............................................................................................................. VIII
IMPLEMENTATION OF THE RAP ................................................................................................................... VIII
RAP IMPLEMENTATION BUDGET ................................................................................................................. VIII
MONITORING AND EVALUATION ................................................................................................................ VIII
RAP COMMITMENTS ............................................................................ ОШИБКА! ЗАКЛАДКА НЕ ОПРЕДЕЛЕНА.
LIST OF TABLES XIV
LIST OF FIGURES XV
CHAPTER 1: BACKGROUND INFORMATION ................................................................................... 1-1
1.1 KISIP GENERAL INFORMATION .......................................................................................................... 1-1
1.2 KISUMU NDOGO-INFORMAL SETTLEMENT ........................................................................................... 1-1
1.3 KISIP’S INTERVENTIONS IN THE SETTLEMENT........................................................................................ 1-2
1.4 OBJECTIVE OF THE RAP .................................................................................................................... 1-2
1.5 SCOPE OF THE RAP .......................................................................................................................... 1-3
CHAPTER 2: LAND TENURE REGULARISATION AND TITLING ........................................................... 2-4
2.1 INTRODUCTION TO LAND TITLING ....................................................................................................... 2-4
2.2 PARTICIPATORY PLANNING AND COMMUNITY VISIONING ....................................................................... 2-6
2.2.1 Minimization of Disruption ................................................................................................. 2-7
2.3 ISSUANCE OF TITLES ......................................................................................................................... 2-9
2.4 GENDER INCLUSIVITY ........................................................................................................................ 2-9
CHAPTER 3: POLICY AND LEGAL PROVISIONS .............................................................................. 3-11
3.1 GENERAL INFORMATION ................................................................................................................. 3-11
3.2 WORLD BANK SAFEGUARD POLICY ON RESETTLEMENT ....................................................................... 3-15
3.2.1 Differences between Kenyan Laws and the World Bank Policy ..................................... 3-15
CHAPTER 4: APPROACH AND METHODOLOGY............................................................................... 4-1
4.1 INTRODUCTION ............................................................................................................................... 4-1
4.2 APPROACH AND METHODOLOGY OF RAP PREPARATION ...................................................................... 4-1
4.2.1 Phase 1: - Literature Review (Desktop Review), Project Planning and Scoping ................. 4-1
4.2.2 Phase 2: Consultations with Potential Affected Persons (PAPs) ........................................ 4-2
4.2.3 Phase 3: Census Field Activities .......................................................................................... 4-2
4.2.4 Phase 4: Data Processing & Analysis Methods ................................................................... 4-3
4.2.5 Phase 5: Preparation of RAP Report ................................................................................... 4-4
CHAPTER 5: PUBLIC CONSULTATION AND PARTICIPATION ............................................................. 5-1
5.1 PUBLIC PARTICIPATION OVERVIEW .................................................................................................... 5-1
5.2 OBJECTIVES OF STAKEHOLDER CONSULTATIONS .................................................................................... 5-1
5.3 STAKEHOLDER INVENTORY ............................................................. ОШИБКА! ЗАКЛАДКА НЕ ОПРЕДЕЛЕНА.
5.4 SCHEDULE OF STAKEHOLDER CONSULTATIONS ...................................................................................... 5-1
CHAPTER 6: PROJECT IMPACTS ..................................................................................................... 6-1
6.1 INTRODUCTION ............................................................................................................................... 6-1
6.2 POSITIVE IMPACTS OF THE PROJECT ................................................................................................... 6-1
6.2.1 Secure Land Tenure ............................................................................................................ 6-1
6.2.2 Improved Housing............................................................................................................... 6-1
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
6.2.3 Improved Infrastructure ..................................................................................................... 6-1
6.2.4 Advancement of Women Rights to Property Ownership. .................................................. 6-2
6.3 NEGATIVE IMPACTS ......................................................................................................................... 6-2
6.3.1 Total Number of PAPs ........................................................................................................ 6-2
6.3.2 PAPs Losing of Structures .................................................................................................... 6-2
6.3.3 PAPs Losing of Livelihood .................................................................................................... 6-3
6.3.4 Tenant PAPs ........................................................................................................................ 6-4
6.3.5 Vulnerable PAPs in the Settlement ..................................................................................... 6-4
CHAPTER 7: SOCIO ECONOMIC PROFILE OF AFFECTED PERSONS IN THE SETTLEMENT .................... 7-1
7.1 SOCIO ECONOMIC SURVEY CONTEXT ................................................................................................... 7-1
7.2 DEMOGRAPHY OF PROJECT AFFECTED PERSONS (PAPS) ......................................................................... 7-1
7.2.1 Family Size of PAPs ............................................................................................................. 7-1
7.2.2 Ages of PAPs ....................................................................................................................... 7-2
7.2.3 Gender of PAPs ................................................................................................................... 7-2
7.2.4 Marital Status of Persons.................................................................................................... 7-3
7.2.5 Education level of PAPs ...................................................................................................... 7-3
7.3 ECONOMIC ASSESSMENT................................................................................................................... 7-4
7.3.1 Income Streams of PAPs ..................................................................................................... 7-4
7.3.2 Business Ownership among PAPs ....................................................................................... 7-4
7.3.3 PAPs Income ....................................................................................................................... 7-5
7.3.4 Health Status of PAPs ......................................................................................................... 7-6
7.4 WATER AND SANITATION INFRASTRUCTURE FOR PAPS ........................................................................... 7-6
7.4.1 Water Infrastructure ........................................................................................................... 7-6
7.4.2 Sanitation Infrastructure .................................................................................................... 7-7
7.4.3 Solid Waste Disposal ........................................................................................................... 7-8
CHAPTER 8: ELIGIBILITY AND COMPENSATION .............................................................................. 8-9
8.1 ELIGIBILITY FOR COMPENSATION ....................................................................................................... 8-9
8.2 MITIGATION OF RESETTLEMENT IMPACTS ............................................................................................ 8-9
8.3 PREFERRED COMPENSATION OPTION .................................................................................................. 8-9
8.4 ENTITLEMENT MATRIX ................................................................................................................... 8-10
CHAPTER 9: GRIEVANCE REDRESS MECHANISM ............................................................................ 9-1
9.1 GRIEVANCE PROCEDURE AND RATIONALE ............................................................................................ 9-1
9.2 GRIEVANCE MECHANISM STRUCTURE ................................................................................................. 9-2
9.2.1 Settlement Grievance Redress Committees (SGRC) ........................................................... 9-2
9.2.2 Resettlement Implementation Committee (RIC) ................................................................ 9-2
9.2.3 Courts of Law...................................................................................................................... 9-3
9.3 PROCEDURE OF RECEIVING AND RESOLUTION OF COMPLAINTS ................................................................ 9-3
9.3.1 Step 1: Receipt of complaint/grievance ............................................................................. 9-3
9.3.2 Step 2: Determination of Corrective Action ....................................................................... 9-4
9.3.3 Step 3: Meeting with the complainant ............................................................................... 9-4
9.3.4 Step 4: Implementation of Corrective Action ..................................................................... 9-4
9.3.5 Step 5: Verification of corrective action ............................................................................. 9-4
9.3.6 Step 6: Action by RIC........................................................................................................... 9-4
9.3.7 Step 7: Alternative Action/Judicial Recourse and National Land Commission................... 9-5
9.4 TERMS OF REFERENCE FOR THE GRIEVANCE REDRESS MECHANISM COMMITTEE ........................................ 9-5
9.5 EFFECTIVENESS OF THE GRIEVANCE REDRESS MECHANISM ..................................................................... 9-5
9.6 CAPACITY-BUILDING FOR THE GRIEVANCE OFFICER AND GRIEVANCE COMMITTEES ..................................... 9-5
CHAPTER 10: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ................................. 10-8
10.1 RESETTLEMENT IMPLEMENTATION PRINCIPLES .................................................................................. 10-8
10.2 RESETTLEMENT IMPLEMENTATION INSTITUTIONS............................................................................... 10-8
10.3 RAP IMPLEMENTATION AT KISIP .................................................................................................... 10-9
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
10.3.1 KISIP Project Coordination Team ........................................................................... 10-9
10.3.2 KISIP RAP Implementing Committee.................................................................... 10-10
10.3.3 County KISIP teams .............................................................................................. 10-10
10.2.1 Mombasa County Government............................................................................ 10-11
10.2.2 Settlement Executive Committee (SEC) ............................................................... 10-11
10.2.3 The Settlement Grievance Redress Committee ................................................... 10-11
10.4 RAP IMPLEMENTATION PROCESS FLOW .......................................................................................... 10-11
The Settlement Grievance Redress Committee ...................................................................... 10-12
10.5 GENDER EMPOWERMENT INITIATIVES ............................................................................................. 10-14
10.6 RAP IMPLEMENTING BUDGET........................................................................................................ 10-14
10.7 RAP IMPLEMENTATION SCHEDULE ................................................................................................. 10-15
CHAPTER 11: MONITORING AND EVALUATION ..................................................................... 11-17
11.1 Introduction .................................................................................................................... 11-17
11.2 Monitoring and Evaluation Framework .......................................................................... 11-17
11.2.1 RAP Monitoring Plan ............................................................................................ 11-17
11.2.2 RAP Monitoring Framework................................................................................. 11-19
11.3 Resettlement Completion Audit ..................................................................................... 11-21
CHAPTER 12: CONCLUSION AND COMMITMENTS ................................................................. 12-22
12.1 CONCLUSION .............................................................................................................................. 12-22
12.1 COMMITMENTS........................................................................................................................... 12-22
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
ANNEX 1: VALIDATION AND VISIONING MEETING HELD ON 5TH SEPTEMBER, 2017 AT P.A.G CHURCH,
KISUMU NDOGO WITH COMMUNITY MEMBERS FROM 11:48 AM......................................... 12-31
ANNEX 2: PARTICIPATORY PLANNING MEETING HELD ON 11TH OCTOBER, 2017 AT P.A.G NYALI
CHURCH, KISUMU NDOGO (MOMBASA COUNTY) WITH COMMUNITY MEMBERS FROM 10:00
AM ........................................................................................................................................... 12-35
ANNEX 3: MINUTES OF THE TECHNICAL WORKSHOP BETWEEN PHYSICAL PLANNING DEPARTMENT,
KISIP, MOMBASA COUNTY AND TWO EMS ASSOCIATES (CONSULTANT) HELD ON 11TH
NOVEMBER, 2017 FROM 0845HRS AT ENGLISH-POINT MARINA, MOMBASA. ....................... 12-40
3: KISUMU NDOGO LPDP FORUM HELD ON 9TH JANUARY, 2018 AT P.A.G CHURCH WITH
COMMUNITY MEMBERS FROM 3:05 PM ................................................................................ 12-52
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
LIST OF TABLES
Table 2-3: Planning Options Considered minimizing disruptions ...........................................2-7
Table 5-2: Consultative Meetings in Kisumu Ndogo Informal Settlement .............................5-2
Table 8-1: Entitlement Matrix .............................................................................................. 8-10
Table 10-2: Structures and Livelihood Loss Compensation ................... Ошибка! Закладка не
определена.
Table 10-3: Budget for other RAP Implementation Commitments ....... Ошибка! Закладка не
определена.
Table 10-4: RAP Implementation Schedule. ...................................................................... 10-16
Table 12-1: RAP Monitoring Plan ....................................................................................... 11-18
Table 12-2: Internal Monitoring Indicators ....................................................................... 11-19
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
LIST OF FIGURES
Figure 7-1: Family size of PAPs................................................................................................7-1
Figure 7-3: Gender of PAPs .....................................................................................................7-2
Figure 7-4: Marital Status of PAPs ..........................................................................................7-3
Figure 7-5: PAPs Education Level ............................................................................................7-4
Figure 7-6: Employment Status of PAPs in the Settlement ....................................................7-4
Figure 7-7: Type of Business in the Settlement ......................................................................7-4
Figure 7-8: Average Monthly Income .....................................................................................7-5
Figure 7-9: Household Income by Gender ..............................................................................7-5
Figure 7-10: Places of Medical Assistance for PAPs................................................................7-6
Figure 7-11: Sources of Water Sources for PAPs ....................................................................7-7
Figure 7-12: Access to Bathroom Facility................................................................................7-7
Figure 7-13: Type of Sanitation Infrastructure .......................................................................7-7
Figure 7-14: Solid Waste Disposal...........................................................................................7-8
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
CHAPTER 1: BACKGROUND INFORMATION
1.1 KISIP General Information
The Kenya Informal Settlements Improvement Project (KISIP) is a five-year project with the
objective improving living conditions of residents in Kenya’s urban informal settlements. The
Project Development Objective (PDO) is ‘to improve living conditions of people living in informal
settlements in selected Counties in Kenya.’ This Project goal is consistent with Kenya’s Vision
2030 goal of ‘a well housed population living in an environmentally secure urban environment’.
The Project is jointly financed by the World Bank, AFD and SIDA. The Ministry of Transport,
Infrastructure, Housing and Urban Development, is the implementing arm of the Government.
The Project’s specific interventions include enhancing tenure security, settlement level pl anning,
infrastructure services provision, and planning for future urban growth to prevent the growth of
informal settlements. The KISIP Project became effective in June, 2011.
The Project covers the following fourteen (14) Counties: Nairobi City, Mombasa, Kisumu, Nakuru,
UasinGishu, Nyeri, Kiambu, Embu, Garissa, Kakamega, Kericho, Kitui, Machakos and Kilifi. It has
the following four components:
1 . Institutional strengthening/development and program management - This component assists
in strengthening the capacity of the Ministry of Housing, the Ministry of Lands and the
participating counties, and also finances program management activities (including preparation
of a baseline platform and systems for monitoring and evaluation).
2 . Enhancing tenure security– this supports scale-up and process systematization of ongoing
efforts to regularize tenure in urban slums and includes financing for the following types of
activities: community organization and mobilization, identification and demarcation of
settlement boundaries, preparation of Part Development Plans, and issuance of letters of
offer/allotment to individuals/groups.
3 . Investing in settlement restructuring and infrastructure– supports implementation of
settlement upgrading plans developed at the community level, investment in settlement level
infrastructure and, where necessary, extension of trunk infrastructure to settlements.
4 . Planning for growth: Supporting delivery of affordable housing and serviced land – supports
proactive planning to dampen the growth of new slums and mechanisms for delivery of land and
housing that can enhance affordability for middle- and low-income households.
In line with the Project’s Component 2 on enhancing tenure security, KISIP prepared a local
Physical Development Plan (LPDP) for Kisumu Ndogo informal settlement located in Mombasa
County.
1.2 Kisumu Ndogo-Informal Settlement
The settlement is strategically located 5 km from the city centre of Mombasa within Nyali Sub-
county in Kongowea Ward. It borders Maweni Secondary School to the North, ShauriYako
Settlement to the East, and Mnazi-Moja to the South. The settlement size is estimate to be 3.97Ha
and home to approximately 5,000-8,000 people. The main access to the settlement is the Maweni
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
road which is a tarmac road that connects to Beach road. The settlement is found next some
landmarks such as Maweni secondary school and Maweni dispensary to the North.
The settlement is characterized by a flat topography separated from the mainland by two creeks,
Port Rietz to the south and Tudor Creek to the north. The altitude is below 20 meters above sea
level which is among the lowest points in Mombasa County. Figure 1.1 below presents a map of
Kisumu Ndogo Informal Settlement.
Figure 1-1: Map of Kisumu Ndogo Informal Settlement
1.3 KISIP’s interventions in the Settlement
KISIP Component 2 intervention in Kisumu Ndogo Settlement involved physical planning and
surveying of the settlement to ensure the beneficiaries are issued with title deeds for the plots they
occupy (Tenure Security). This involved the development of a Local Physical Development Plan and
surveying of the settlement where 172 beneficiaries will secure land tenure, these beneficiaries
include 111 male, 58 female, 3 public spaces for public utilities owing 120 plots.
The planning and survey element which will culminate in the tenure regularization that will lead to
impacts associated with partial demolition of residential and business structures and temporal
disruption of business and tenancy livelihoods. The resettlement impact is particularly related to
activities proposed in the approved LPDP which include opening of access through provision of
wayleaves forroad network which will affect 379 PAPs.
1.4 Objective of the RAP
The objective of this RAP is to identify and provide mitigation measure for social impacts caused by
the tenure regularization to people’s assets and sources of livelihood in the settlement. Further, this
Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
RAP provides Project Affected Persons with appropriate compensation for their affected assets at full
replacement cost, livelihood restoration measures to affected PAPs. The RAP also provides
appropriate support to the 19PAPs identified as vulnerable PAPs within the settlement.
1.5 Scope of the RAP
The planning and survey which will culminate to tenure regularization will trigger impacts associated
with partial or total demolition of residential and business structures as well as disruption of business
livelihoods encroaching into road reserves. The impacts are particularly related to activities proposed
in the approved LPDP which include opening of access through improving road network.
Therefore, the scope of the assignment involved the following tasks:
a. Develop RAP for the settlement in line with national legislations, KISIP Resettlement Policy
Framework and World Bank’s OP 4.12
b. Prepare a socio economic survey of the affected PAPs with focus on income streams and
women.
c. Develop innovative and implementable resettlement options for the PAPs based on existing
situation and context of the settlement.
d. Conduct extensive and in-depth stakeholder consultations with all project stakeholders.
e. Propose an acceptable entitlement matrix to guide compensation and other mitigation actions
to PAPs.
f. Compile an accurate PAP and asset register that is acceptable to the PAPs.
CHAPTER 2: LAND TENURE REGULARISATION AND TITLING
2.1 Introduction to Land Titling
KISIP began operations in settlement in May, 2017, the project focused on component 2 that will
culminate to tenure regularization in the settlement. To actualize land tenure regularization, the
following activities were undertaken in the settlement as summarized table 2.1 below:
Table 2-1: Tenure Regularization and Land Titling Process
Stage Activities Primary Secondary Indicators Timelines
Actor Actor
Mobilization Community SEC County Equal Undertaken
Stage mobilization KISIP Government representation in
introduction of SEC composition
KISIP activities in Community
the settlement Welcomed the
Outlining the project as they have
objective of been waiting on title
planning and survey deed for a long time.
which will lead to Community
issuance of title committed to
deeds. embrace and
support the project
until completion
Planning Stage
Base Map and Transect walks Community KISIP Base map for the Undertaken
physical guided by SEC SEC County settlement
Preparation 171 beneficiaries Consultant Government Every Beneficiary is
identified. enumerated
existing plot Participation of SEC
boundaries form ensured that only
basis for planning members of the
and surveying settlement are the
100 % Beneficiaries
socioeconomic Beneficiary list
survey of representative of
beneficiaries women
beneficiaries.
Visioning and A community led Community KISIP Active Women Undertaken
Plan visioning process SEC County participation in
preparation Community Consultant Government every planning
prioritizes stakeholder
accessibility meeting.
Community Community endorse
involved in road hierarchy for
preparation of plan the settlement.
that best Community aware
represents their of and endorse
interests. minimum reduction
in plot sizes to
provide accessibility
and facilitate titling
Plan Validation A community led Community KISIP Community Undertaken
and Approval validation of plan SEC County approval of plan
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Stage Activities Primary Secondary Indicators Timelines
Actor Actor
ensured community Consultant Government County and Director
vision is of Physical Planning
represented approval of Plan
Community step towards tenure
endorsed and regularization and
approved Plan issuance of titles
Plan approved by
county and Director
of Physical planning
Surveying stage
Surveying and Physical Survey of Community KISIP Women aware of Undertaken
beaconing of Plots SEC County plot boundaries.
plots Women asked to be Consultant Government Impacts and PAPs
present during documented
exercise and shown
boundaries of new
plot where beacons
have been placed.
Identification of
impacts
Validation of Every beneficiary Community County Women ensure Undertaken
Beneficiary List allowed scrutinizing SEC Government correct details are in
the beneficiary list Consultant the beneficiary list
to ensure correct KISIP and sign against the
details have been details
input.
Women
encouraged
participating.
Approval of Survey approval Survey of KISIP New RIM forwarded Ongoing
Survey Plan and adjustment of Kenya to Ministry of Land
Registry Index for Titling process.
Map(RIM) to
include individual
surveyed Plots
numbers
RAP Preparation
RAP Preparation Identified impacts Community KISIP Entitlements are Undertaken
are as a result of SEC County given to mitigate
planning and survey Consultant Government impacts
are identified,
documented and
mitigated
RAP Approval Ensure client KISIP Consultant Approved RAP to Ongoing
commitment to World Bank guide
implementation of implementation
RAP. process and
All safeguards issuance of Titles
provisions are met
and addressed
RAP Implementing RAP KISIP Consultant Facilitation of PAPs Not yet
implementation activities as per Community GRM undertaken
implementation County Issuance of Title
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Stage Activities Primary Secondary Indicators Timelines
Actor Actor
schedule Deeds(undertaken
after facilitation)
Land Titling
Sensitization on Registrar of Titles Registrar of County More women aware Ongoing
Title owner ship Sensitizes Titles Government on Joint Titling
Beneficiaries and Community Consultant Men allow for joint
their spouses on SEC titling with spouses.
(i) Joint Ownership KISIP Beneficiaries aware
of titles of Benefits of the
(ii) Types of title being issued.
registrations Beneficiary
(iii) Benefits of grievances
the Titles adequately
(iv) Conditions addressed
to be granted on
leasehold Titles
(v) Law
requirements in
Regulation of
land transactions
Change of Beneficiary list Community County Increased number On Going
beneficiary List open for final SEC Government on Joint Title
change of names to Consultant between spouses
appear in the title KISIP Beneficiaries on the
final beneficiary list
forwarded to the
Ministry of Lands for
Title printing.
Titles Printing The final Ministry of Signed Titles are Not yet
and Signing beneficiary list is Lands- Chief handed over to undertaken
the basis of printing Land National Land
of Titles Registrar Commission for
Approval.
Gazzettement The NLC approves National The names of Not yet
transfer of Public Land Beneficiaries is undertaken
land to individual Commission officially published
beneficiaries in the in the Kenya Gazette
Settlement as individual title
holders securing
their tenure
Issuance of Title Upon facilitation of NLC County Beneficiaries finally Not yet
All PAPs, Titles are KISIP have individual titles undertaken
issued to respective to their land. Tenure
beneficiaries in a regularization is
public event. complete
2.2 Participatory Planning and Community Visioning
The planning process was done through a continuous participatory process involving the community
andthe national and county KISIP teams. This was done during various forums as summarized in table
2.2 below.
Table 2-2: Participatory Planning Process
Date Activity Output
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05/09/2017 Community Visioning: Settlement community vision meant
The session involved community vision to guide the plan: which is
building where community members “Provision and improvement of
adopted a common vision for the social amenities”
Settlement
11/10/2017 Participatory Planning: Hand drawn plan showing location
The session involved community driven of access roads and their widths
planning forum where discussion on
advantages and disadvantages of planning
options namely; standard planning and
adoptive planning were discussed.
11/11/2017 Technical meeting with Director of The community was sensitized
Physical Planning (DPP): on available titling options like
This meeting was organized with the community titling and block
County Government of Mombasa to titling.
discuss planning challenges and propose The community proposed
recommendations to be included in the innovative concepts like
LPDP. common courtyards and
provisions for Non-Motorized
Transport
09/01/2018 LPDP presentation and verification of Structure owners agreed to have
Beneficiaries adjustments made on their
Presentation of draft LPDP and structures to accommodate
beneficiaries to community for validation expansion of roads.
and acceptance. The cut-off date of 3rd February
2018 was discussed and agreed
in this meeting.
2.2.1 Minimization of Disruption
The target settlement is densely populated, unplanned and structures encroaching into the road
reserve. The LPDP was prepared with minimum acceptable levels of disruption using the adoptive
planning approach. This approach significantly reduced displacement impacts at the same time
ensuring that planning standards are not compromised. The plan provides for various road widths
ranging from 9 to 12m for the main settlement access road to a minimum road width of 4m where
the access roads are encroached.
Table 2-3 provides the options that were considered during the planning phase the effort to minimize
disruption impacts.
Table 2-3: Planning Options Considered minimizing disruptions
Option 1: In-situ Planning Option 2: Standard Option 3: Adoptive
planning Planning
Options Prepare LPDP based on Prepare a LPDP based on Prepare a LPDP based
ground survey picking of the the planning standards with on the existing nature of
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settlement without standard road widths and the settlement and
proposing change in the minimal plot sizes adhered incorporating design
nature and character of the to concepts to achieve
settlement. livability
Strengths It shows the plot The LPDP will be Maintains the
boundaries, roads sizes aligned to planning character of the
and current land uses in minimum standards, settlement
the settlement road sizes, and re- Optimizes the land
It can inform effective configuration of the uses in the
planning settlement thus settlement and
It shows actual plots and reducing redundancies. making the
occupiers, which is Optimize on land use, residents own the
important in enhance functionality, plan
determining the actual i.e. road and plots Innovative and
number of plots and Realignment of plots creative ways on
eventual beneficiary of according to planning how plots can be
planning and surveying standards hence realigned to achieve
enhancing functionality functionality
Limitations The desired form and Plots and roads will Compromises on
function of key land change leading to some planning standards
uses will not be displacement and in some areas
achieved given that destruction of Some plots that do
some roads are too properties not meet the
narrow, some plots are It is time consuming as standards required
not properly aligned, it requires more for individual titling
there are also consultations, redesign are blocked
encroachment which and confirmation of The shapes of some
needs to be addressed. several issues of the plots are
The needs of the future Likely to cause irregular
generations will not be disruptions.
factored
Limits the land tenure to
be communal
The shapes of some
plots are irregular
Some plots have no
access roads
Annex 2 of this report presents proposed plan2 for Kisumu NdogoInformal Settlement.
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2.3 Issuance of Titles
The issuance of titles will be the next process in thetenure regularization process. The title deeds will
be issued to the 171 beneficiaries after RAP implementation and all the PAPs have been appropriately
compensated. The community members were sensitized on types of available title registrations as
summarized in table 2-4 below.
Table 2-4: Types of Title Registration.
Type Of Title Details Emerging issues under KISIP
Registration
Single Ownership Single person In case of death, transfer of the land becomes
completely owns the lengthy and costly.
Land. Discouraged under KISIP if husband and wife are
If Married, Consent of involved. Husband and wife encouraged to go for
wife is required before joint ownership.
any transaction on the Consent has to be reached between husband and
land is undertaken wife on who will be the single owner of the title.
Joint Ownership Absolute Proprietorship. In case of Death, Land is automatically transferred
Both Husband and Both Husband and wife to the spouse.
wife are are absolute This type of ownership is encouraged under KISIP;
registered in the proprietors of land Sensitization is ongoing
title. If consent is not reached between husband and
wife on absolute ownership, Tenancy in common
shares joint ownership is to be explored as the
alternative
Tenancy in common Each party decides what to do with his/her shares
shares since they own only a stipulated share of land.
Husband and wife own The title can only accommodate 5 entries of
the land in shares. names
Common in cases In case of more than 5 owners, additional parties
where there is more to the land are required to nominate one to hold
than one wife and/or their shares in trust of the others
children are involved. This is explored especially if children are involved
Sectional Title This applies to In case a beneficiary builds an asset and decides to
ownership of Assets like share among children/Wives, Each floor is entitled
high-rise to a sectional title. This sectional title can be further
buildings/apartments subjected to Joint co-ownership among children
2.4 Gender inclusivity
Gender inclusivity is one of the guiding principles of this RAP and the tenure regularization exercise.
KISIP will undertake more gender empowerment sensitization exercises to build the capacity of
women in the settlement to safeguard their Land rights. In implementing these exercises, key
stakeholders include:
Registrar of Titles.
KISIP and Mombasa County Government.
Gender Department.
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In particular, the Land Control Board (LCB) will be a key avenue to safeguard women rights to owning
land where every land transaction will be regulated by the board and spousal consent will be
mandatory. The Proposed gender sensitization exercises will include but not limited to the following:
i. Enhancing women’s legal rights to own and inherit land, which to an extent is ongoing as
women heads are already recognized through the titling process, while joint spousal
registration was discussed with all settlement beneficiaries during the planning process.
ii. Enhancing women’s decision-making capabilities on land they use, regardless of whether they
are a named owner of the land or if their names appear on title deed. For example, women
will be sensitised to know that a spouse cannot sell land without their consent and the role
that the Land Control Board plays in enforcing the requirement of spousal consent thus acting
as an avenue of safeguarding the rights of women on land ownership.
iii. Addressing norms and customs for how women acquire land (e.g., purchase, inheritance), the
quality of land they receive, and how land is transferred at marriage or a spouse’s death
through the sensitization process. Particularly, succession processes when a male spouse dies
will be highlighted to ensure women are not dispossessed of their right to ownership of the
land previously held by their husbands.
iv. Educating both women and men on the benefits of recognizing women’s land rights.
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CHAPTER 3: POLICY AND LEGAL PROVISIONS
3.1 General Information
Provisions of both GoK Laws and OP 4.12 of the World Bank will apply in the KISIP project and where
gaps are encountered, gap filling measures have been provided. Additionally, project development
has been firmly anchored on principles aimed at mitigating displacement impact as follows:
i. Involuntary Resettlement should be avoided where feasible
ii. Minimization of displacement
iii. Ensure all PAPs are adequately compensated for all losses they suffer as a result of the project
intervention.
iv. Enhancement of benefits and Livelihood Restoration.
v. Assistance to vulnerable groups.
vi. Gender Empowerment and Inclusivity.
In order to mitigate the adverse social impacts to the affected persons, the Government of Kenya as
and the World Bank have legal provision and safeguard policies (OP 4.12) as summarized in table 3.1
below:
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Table 3-1: Legal and Policy Provision in relation to Resettlement
Applicable legal and policy Applicable Provisions
provisions
The Constitution of Kenya, 2010 The Constitution of Kenya, 2010,3 protects the sanctity of private property rights and states that no property can be
compulsorily acquired by the Government except in accordance with law.4 Article 40(3).
The Constitution entrenches the protection of legally acquired land and property rights, and any acquisition of rights
to land and property; whether it’s voluntary or involuntary, must comply with the applicable law. However, in the
settlement, planning and regularization is on public land therefore land acquisition is not applicable. The recognition
of alternative dispute resolution mechanisms is aimed at expediting issues of land rights, transfer and supporting
economic development.
Constitutional Provisions and The Constitution of Kenya 2010, (Chapter 4, part III), Application of Rights (Clause 54) recognizes people with any
Disability disability and provides for their:
a) treatment with dignity and respect and to be addressed and referred to in a manner that is not demeaning; for
b) reasonable access to all places, public transport and information;
c) And to access materials and devices to overcome constraints arising from the person’s disability.
This RAP identified no disabled person among beneficiaries.
National Land Policy 2007 The National Land Policy (“NLP” or “Policy”)5 was adopted in August 2009 with the aim of providing an overall
framework for new legislation and defining key measures required to address critical issues such as land
administration, access to land, land use and restitution related to historical injustices and an outdated legal
framework.
Section 3.6 of the Policy is exclusive on Informal Settlements and its provisions deal with the challenges presented by
squatters in informal settlements; of importance to KISIP is the provision on regularization of existing squatter
settlements found on public and community land for purposes of upgrading or development which is in line with what
KISIP seeks to achieve in the settlement. The same section provides guidelines on gender and equity principles
relating to land rights on matters to do with land and resettlement. Land rights for women will be upheld in granting
titles in the settlement.
3
The Constitution of Kenya, 2010, was adopted by the Government of Kenya on 27 August 2010. The full text is available at
http://www.kenyalaw.org/klr/fileadmin/pdfdownloads/Constitution/Constitution_of_Kenya2010.pdf, accessed May 25, 2011.
4
Constitution of Kenya, art. 40
5
Sessional Paper No. 3 of 2009 on National Land Policy (referred to as the “National Land Policy” in this report) was adopted in Au gust 2009 by the Ministry of Lands. Available at
http://www.lands.go.ke/index.php?option=com_content&task=view&id=238&Itemid=48, accessed May 25, 2011.
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Applicable legal and policy Applicable Provisions
provisions
The Land Act (2012) The Land Act 6(“LA”) was adopted on 2nd May 2012 and provides for sustainable administration and management of
land and land-based resources. Part II section 8 of the Land Act, 2012 provides guidelines on management of public
land by the National Land Commission on behalf of both national and county government. The land under which the
settlement falls is classified as Public land hence invoking some sections of this Act. The Act was amended in 2016;
relevant amendments related to involuntary resettlement are presented in the next row below.
The Land Laws (Amendment) Act According to the Eviction Guidelines, Section 4.9.1 drafted by Ministry of Lands (2010), the Government shall ensure
2016 to include Evictions that evictions only occur in exceptional circumstances. Evictions require full justification given their potential negative
Guidelines April 2017 impacts on a wide range of international recognized human rights.
This policy will be adhered to during implementation of the Project, as indicated no one will be evicted. Rather the
project seeks to regularise ownership of the land the informal settlers have settled in. Where assets and livelihoods
are affected, the project provides for compensation. The beneficiaries will also be given sufficient notice to self-
demolish affected assets (after compensation).
The Environment and Land Court The Act is in line with Article 162(2) (b) of the Constitution; to establish a superior court to hear and determine
Act, 2012 disputes relating to the environment and the use and occupation of, and title to land, and to make provisions for its
jurisdiction, functions and powers, and for connected purposes. This shall be an important institution in case of
grievances with regard to displacement that cannot be solved through the proposed RAP grievance redress system.
The Valuers Act (1985) The Valuers Act7 establishes the Valuers Registration Board, which regulates the activities and practice of registered
valuers. As of March 2011, there were 285 registered valuers in Kenya.8 The RAP team has made use of the services
of registered valuers who are approved by Valuers Registration Board.
Matrimonial Property Act No 49 of Part III (Clause 7) states that subject to Section 6 (3), ownership of matrimonial property vests in the spouses
2013, Ownership of Matrimonial according to contributions of either spouse towards its acquisition and shall be divided between the spouses if they
Property divorce or their marriage is otherwise dissolved. This also includes assets like land. In complying to this Act, this RAP
provides for equal right to information regarding compensation of affected structure and disbursement of
compensation funds through a joint account opened by both spouses.
The Prevention, Protection and The provisions of this Act apply to all internally displaced persons that arise either through calamities, social conflict or
6 Land Act, 2012.
7
The Valuers Act, Chapter 532, http://www.kenyalaw.org/kenyalaw/klr_app/frames.php, accessed May 25, 2011.
8
Government of Kenya, Kenya Gazette notice no. 2892, March 18, 2011.Registered and Practicing Valuers.
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Applicable legal and policy Applicable Provisions
provisions
Assistance to Internally Displaced development projects and are guided by the Bill of Rights under the Constitution of Kenya. Section 5 of the Act
Persons and Affected outlines involvement of the affected persons through awareness, sensitization, training and education on causes,
Communities Act, 2012 impacts, consequences and prevention measures. The Act therefore provides enacted guidelines in the event of
displacement in the settlement.
KISIP’s Resettlement Policy The main purpose of the RPF is to guide resolution of any displacement anticipated from project activities. The World
Framework Bank OP 4.12 requires that an RPF be prepared for all projects that anticipate displacement of both settlements and
livelihoods. There will be no displacement anticipated from KISIP activities. RAP has been prepared for the Project and
puts in place modalities for providing prompt and effective compensation at full replacement cost for loss of assets
attributable directly to the project and provide support during the transitional period to enable the affected persons
to improve or at least restore their pre-impact living standards.
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3.2 World Bank Safeguard Policy on Resettlement
The World Bank Operational Policy 4.12 is a common standard of approved principles and guidelines
for compensation/resettlement for this type of project. World Bank principles should, however, be
harmonized with the national laws of the subject country where the project is to be funded to the
extent possible. In case of conflict between OP/BP 4.12 and national laws, OP/BP 4.12 will prevail.
The World Bank Group’s O.P. 4.12 on Involuntary Resettlement is, therefore, applicable to the
project; key features of this policy are as follows:
i. All viable alternative project designs should be explored to avoid or minimise the need for
resettlement and when it cannot be avoided, to minimise the scale and impacts of resettlement.
ii. Resettlement measures are to be conceived and executed as development activities.
iii. Assistance should be given to the community in their efforts to improve former production
levels, income-earning capacity and living standards, or at least restore them to the levels at
which they would have been without the project.
iv. Displaced persons should be:
v. Compensated at full replacement cost prior to the actual move;
vi. Assisted with relocation; and
vii. Supported during the transition period.
viii. Attention will be given to socially disadvantaged and vulnerable groups as the very poor, the
disabled, minorities, orphans and child-headed families, squatters and others without clear legal
rights to land, those incapacitated by advanced age, among others. This has been complied with
and vulnerable person have been identified and earmarked for special assistance.
ix. Communities will be given opportunities to participate in planning, implementing and
monitoring their resettlement/compensation. This has been complied with; and extensive
community and stakeholder consultations were undertaken. Also, the views of the community
members and other stakeholders have been considered and integrated into the RAP.
3.2.1 Differences between Kenyan Laws and the World Bank Policy
There are some differences between the World Bank Policy and the Laws of Kenya on resettlement
and compensation. In general, where there is a difference/Conflict between Kenyan Laws and OP
4.12, the latter shall prevail.
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Table3-2: World Bank OP 4.12 and Government of Kenya requirements including measures to address gaps
OP 4.12 Kenyan Legislation Gap filling Measures
GENERAL REQUIREMENTS
World Bank OP 4.12 has overall policy objectives, 1. The Land Act, 2012 Act outlines procedures 1. Ensure that resettlement issues are
requiring that: for sensitizing the affected population to considered at the design stage of the
the project and for consultation on project to avoid/ minimize
1. Involuntary resettlement should be implications and grievance procedures. resettlement. this includes minimum
avoided wherever possible, or minimized, 2. The Land Act 2012 guarantees the right to planning standards adopted for KISIP
exploring all alternatives. fair and just compensation in case of 2. Implement World Bank OP 4.12 policy
2. Resettlement programs should be relocation. –affected persons should be assisted
sustainable, include meaningful 3. The Land Act does not stipulate that in improving their livelihood to pre-
consultation with affected parties, and resettlement should be avoided wherever project status.
provide benefits to the affected parties. possible; on the contrary, as long as a
3. Displaced persons should be assisted in project is for public interest, involuntary
improving livelihoods etc., or at least resettlement is considered to be inevitable.
restoring them to previous levels. 4. Just and fair compensation as outlined in
the Land Act 2012 is not clear and can only
be determined by NLC, which can be
subjective. It is does not talk about
improving livelihood or restoring them to
pre-project status.
PROCESS REQUIREMENTS
Consultation: Displaced persons should be The Land Act outlines procedures for Implement consultation procedures as
meaningfully consulted and should have consultation with affected population by the outlined in both Kenyan legislation and
opportunities to participate in planning and NLC and grievance management procedures. World Bank. For involvement of
implementing resettlement programs, the policy vulnerable and women, the OP 4.12 will
is particular on involving vulnerable and be applicable.
marginalized as well as women in the process.
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OP 4.12 Kenyan Legislation Gap filling Measures
Grievance: For physical resettlement, Land Act 2012 clearly outline the steps and Adopt both by providing for alternative
appropriate and accessible grievance mechanism process for grievance redress that includes grievance mechanism that are project
will be established. alternative dispute resolution, re-negotiation based. Affected persons also free to seek
with NLC and is backed by the judicial system legal redress if not satisfied.
through Environmental and Land Court
Kenyan legislation meets OP4.12 requirements.
Eligibility Criteria
Defined as: The Land Act 2012 provides that written and Ensure ALL users (including squatters,
unwritten official or customary land rights are laborers, rights of access) of affected
(a) those who have formal legal rights to land recognized as valid land right. The Law lands are included in the census survey or
(including customary and traditional rights provides that people eligible for compensation are paid.
recognized under the laws of the country); are those holding land tenure rights.
(b) those who do not have formal legal rights to Land Act also recognizes those who have
land at the time the census begins but have a interest or some claim in the land such Implement cut-off procedures as outlined
claim to such land or assets—provided that such pastoralist or who use the land for their in the RPF and Kenyan Law.
claims are recognized under the laws of the livelihood.
country or become recognized through a process
identified in the resettlement plan. The constitution recognizes ‘occupants of land
even if they do not have titles’ and payment
(c) Those who have no recognizable legal right or made in good faith to those occupants of land.
claim to the land they are occupying. However, this does not include those who
illegally acquired land.
To determine eligibility:
Land Act 2012 provides for census through NLC
Carry out resettlement census. Cut-off date for inspection and valuation process but is not
eligibility is the day when the census begins. clear on cut-off date.
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
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OP 4.12 Kenyan Legislation Gap filling Measures
Measures: Preference should be given to land Land Act 2012 appears to prefer cash for cash Ensure that all alternative options are
based resettlement strategies for displaced as the mode of compensation by the considered before providing cash
persons whose livelihoods are land-based. Government to the affected population. compensation.
Cash based compensation should only be made
where (a) land taken for the project is a small
fraction of the affected asset and the residual is Land Act talks of prompt, just compensation OP 4.12 Prevails.
economically viable; (b) active markets for lost before the acquisition of land. However,
assets exist and there is sufficient supply of land interpretation of just compensation is yet to be
and housing; or (c) livelihoods are not land- clearly outlined through a specific schedule.
based. Attorney’s fees, cost of obtaining advice or cost
incurred in preparing and making written claim
not in the Land Act.
World Bank OP4.12 Article 6(a) requires that OP 4.12 Prevails. Implement prompt and
displaced persons are provided with prompt and effective compensation at full
effective compensation at full replacement cost The Act does not out rightly stipulate replacement cost for the losses of the
for losses of assets attributable directly to the assistance for relocation but rather that is left assets. Ensure that ALL resettlement
project. subject to interpretation. options are agreed on with PAPs and put
in place BEFORE displacement of affected
If physical relocation is an impact, displaced persons.
persons must be provided with assistance during
relocation and residential housing, housing sites
and/or agricultural sites to at least equivalent
standards as the previous site. Replacement cost
does not take depreciation into account. In
terms of valuing assets, if the residual of the
asset being taken is not economically viable,
compensation and assistance must be provided
as if the entire asset had been taken.
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
OP 4.12 Kenyan Legislation Gap filling Measures
Valuation: With regard to houses and other Valuation is covered by the Land Act 2012 and Apply the World Bank OP4.12valuation
structures, it is the market cost of the materials stipulates, as already mentioned, that the and compensation measures.
to build a replacement structure with an area affected person receive just compensation but
and quality similar to or better than those of the it is not specific of the exact amount or
affected structure, or to repair a partially procedures on the same.
affected structure, plus the cost of transporting
building materials to the construction site, plus
the cost of any labor and contractors’ fees, plus
the cost of any registration and transfer taxes.
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
CHAPTER 4: APPROACH AND METHODOLOGY
4.1 Introduction
The objective of this RAP is to identify and provide mitigation measure for social impacts caused by
the tenure regularization to people’s assets and sources of livelihood in the settlement. The RAP is
designed to ensure that:
i. All types of losses are identified, clearly defined and properly categorized to reflect the nature
and scope of the loss likely to be suffered by PAPs.
ii. The Project affected persons are compensated for their losses at full replacement cost and
provided assistance for disturbance prior to the implementation of the Local Physical
Development Plan (LPDP).
iii. A comprehensive asset register of the PAPs with their assets is developed; this register will be
validated regularly at the time of RAP implementation. The register will also serve as database
for monitoring and evaluation of the resettlement instrument.
iv. A Grievance and Redress mechanism is established, this mechanism will be used to resolve
conflicts arising from Resettlement and proposed facilitation.
4.2 Approach and Methodology of RAP Preparation
The methodology adopted during preparation of this report was guided by World Bank OP 4.12 on
Involuntary Resettlement and KISIP RFP. The below listed phases detail the participatory
methodology applied in the preparation of this RAP;
i. Phase 1: Literature Review, Project Planning and scoping of estimated resettlement impacts,
design of survey tools (questionnaires).
ii. Phase 2: Consultations with potential Project Affected Persons (PAPs)
iii. Phase 3: Census Field Activities: Socio Economic Survey of PAPs including details of
affected assets and livelihoods.
iv. Phase 4: Data analysis using excel and formulation of entitlement packages.
v. Phase 5: Preparation of RAP Report.
4.2.1 Phase 1: - Literature Review (Desktop Review), Project Planning and Scoping
4.2.1.1 Literature Review
The desktop review assessed relevant information and documents including sector specific policies
strategies, put in place by the Government of Kenya related to RAP.
Details of Documents/ information reviewed include the following:
i. Project Appraisal Document PAD for KISIP (2011)
ii. KISIP Resettlement Policy Framework (RPF) revised October 2014
iii. Socio Economic Survey Report for Kisumu Ndogo Informal Settlement (2018)
iv. 2018 Approved Local Physical Development Plan for Kisumu Ndogo Informal Settlement
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
prepared by KISIP
v. Stakeholder Analysis and Community Engagement Report for Kisumu Ndogo Informal
Settlements prepared by KISIP
4.2.1.2 Project Planning and Scoping
The task involved design of an asset inspection questionnaire that was used to identify potential
project impacts to people’s assets and sources of livelihood provided as Annex 3 to this report. The
asset inspection questionnaire assisted in collection of Inventory of Losses (IOL) information from
PAPs which included the following:
i. Structures by construction type, use, area, ownership/use rights and location, as well as
the extent of loss;
ii. Business losses, by types, amounts and duration of losses (structures, incomes, jobs,
customers, etc.); and,
4.2.2 Phase 2: Consultations with Project Affected Persons (PAPs)
The task involved detailed stakeholder identification and mapping as part of the planning. The aim
of this was to ensure that all the stakeholders likely to be affected or influence the project are
identified and targeted as part of the planning process. Stakeholders who were engaged in the
assignment included but not limited to;
i. Mombasa County Government including, town administration, County Executive
Committee Member (CECM) and Chief Executive Officer (CEO) for Lands and Physical
Planning, Sub County and Ward Administrators
ii. KISIP National Coordination unit from Ministry of Infrastructure, Housing and Urban
Development.
iii. County Administration-County Commissioners, Deputy County Commissioners Assistant
County Commissioners, Chiefs and Assistant Chiefs in the settlement.
iv. Settlement Executive Committee Members (SEC) of the settlement
v. General community members for benefiting of the settlement
vi. Project Affected Persons (PAPs)
4.2.3 Phase 3: Census Field Activities
This task involves consultations with affected PAPs at household-level in order to come up with a
census and inventory of losses (IOL). In general, the work involved the following:
i. Coordination with Mombasa County representatives who were available to participate in
the fieldwork, as agreed in the initial consultations
ii. Household surveys with PAPs to collect information for the census and inventory of losses
(IOL)
iii. Replacement cost surveys carried out by the valuation team to establish market rates for
affected assets as a basis for compensation
Details of the census field activities are given below:
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
Census and Inventory of Losses (IoL)
The field team conducted complete census and inventory of losses (IOL) of all the PAPs identified
within the Project area, information gathered was used to develop an inventory of assets likely to
be affected by the Project.
Census
The questionnaire collected PAP census information that registers and locates the household; and,
identifies all household members (resident and non-resident) by age, sex, and relationship to head
of household, education and occupation and housing conditions.
Inventory of Losses
The process involved collection of information from PAPs about their assets that are affected
temporarily or permanently: information gathered included:
i. Structures by construction type, use, area, ownership/use rights and location, as well as the
extent of loss;
ii. Annual and perennial crops and trees, by type and area,
iii. Business losses, by types, amounts and duration of losses (structures, incomes, jobs,
customers, etc.); and,
Procedures for conducting Census and IoL
In conducting the census, the team followed the required procedures for notifying people,
collecting, validating, approving and disclosing information on eligible PAPs and affected assets,
stemming from national laws and regulations and OP 4.12.
The team also ensured establishment of a “cut-off date” as per the World Bank OP 4.12 on
Resettlement was discussed and agreed in the in the LPDP presentation meeting held in the
settlement 9th January 2018. The date was adopted to be 3rdFebruary; 2018which was the first day
of census.
Valuation of Assets
In general, the compensation for affected structures was determined on the basis of the
replacement cost based on prevailing market prices. During the fieldwork the valuation team
conducted systematic surveys within the Project area to determine the prices of acquiring or
reconstruction similar structures. The prices were used to determine full replacement value of the
affected assets.
4.2.4 Phase 4: Data Processing & Analysis Methods
Data Processing – Transcription and Translation
The Team leader in collaboration with the other experts performed peer reviews of data
transcriptions and translations for consistency, reliability and readability. Processing the data
concurrently with data collection allowed for regular monitoring of team performance and data
quality. Field check tables were generated during data processing to check various data quality
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Resettlement Action Plan (RAP) Report Kisumu Ndogo Informal Settlement in Mombasa County - North Mainland of
Mombasa Town
parameters. As a result, feedback was given on a regular basis, encouraging teams to maintain high
quality data collection and to correct areas in need of improvement.
The Team leader in collaboration with the other experts reviewed data to correct any errors prior to
analysis. This ensured consistency, reliability and readability of the data and that data processed
was of high quality. Processing the data concurrently with data collection allowed for regular
monitoring of team performance and data quality during field work. Excel tables were generated
during data processing to check various data quality parameters. As a result, feedback was given on
a regular basis; teams had to maintain high quality data collection. .
Data analysis
Quantitative data sets were analyzed using excel data sheets, upon completion of the data entry
transcriptions, the study team leader carried out qualitative and quantitative data analysis, which
included a search for patterns and for concepts that help explain the patterns.
4.2.5 Phase 5: Preparation of RAP Report
This phase involves detailed analysis of the census/ IoL data and synthesizing the results of
community consultations and other consultations, previous socio-economic survey work and draft
Local Physical Development Plan. This was in order to prepare proposals and strategies for
compensation packages to be included in the RAP.
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CHAPTER 5: PUBLIC CONSULTATION AND PARTICIPATION
5.1 Public Participation Overview
Public consultations were realized through individual meetings organized various planning stages
which included socio-economic baseline survey stage, preparation of settlement base map,
community visioning stage, preparation of settlement LPDP, verification of beneficiaries and during
RAP preparation. The LPDP presentation meeting was held on 9th January 2018 in the settlement, in
this meeting, the cutoff date of 3rd February 2018 was discussed and adopted by the community
members.
After enumeration of PAPs, specific PAP meetings were organized on 14th March 2018 and 2nd May
2018, in these meetings issues such asRAP Impacts, Category of PAPs and entitlements and
mitigation measures provided by the RAP were discussed with the PAPs.
5.2 Objectives of Stakeholder Consultations
The aim of stakeholder consultations was to identify the interests of the different stakeholders
and draw consensus. Public participation is also a constitutional requirement. The objectives of
the stakeholder consultations were:
To sensitize the community about the project and potential impacts on people and livelihoods.
Provide a platform for the community to air views and concerns which are relevant to the RAP
and which must be resolved.
Involve them in key processes of census and the undertaking of the affected asset inventory,
Provide an opportunity for the community to themselves propose the most appropriate
mitigation measures for asset and livelihood losses.
To seek support from the community and other all relevant stakeholders in the preparation and
implementation of the RAP.
To discuss the RAP report and its recommendations.
5.3 Schedule of Stakeholder Consultations
The consultations were done through public meeting with the PAP’s and government agencies as
indicated above. The main issues discussed in the meetings were related to resettlement impacts
focusing on the Project Affected Persons, impact due to the proposed infrastructure development
and facilitation provisions, among other issues.
Table 5-2givesa summary of meetings held within the target settlements which show that nine
different community consultations were organized in the settlement where planning and RAP
related issues were discussed. Detailed minutes and list of attendance to the meetings described
below is provided as Annex 4to this report.
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Table 5-1: Consultative Meetings in Kisumu Ndogo Informal Settlement
Participant Major Issue
Meeting Stakeholder
Date Female Male Total Discussed
Type Representation
Participants Participants Participants
Mombasa
County
Introductory Government
th meeting at Officials Working
13 June
Mombasa KISIP National 4 8 12 Modalities
2017
County Unit between the
Government Representatives teams
Project
Consultants
Local
Administration
Mombasa
County
Government
Officials Introduction of
Settlement
th KISIP National 9 20 Planning and
13 July Executive 11
Unit Tenure
2017 Committee
Representatives Regularization
Sensitization
Project process to SEC
Consultants
Settlement
Executive
Committee
Members
Mombasa
County
Government
Officials 54 75 Introduction of
KISIP National Planning and
Public
th Unit Tenure
14 July Sensitization
Representatives 21 Regularization
2017 meeting
Project process to
Consultants general
Settlement community
Executive
Committee
Members
Mombasa
County
Government
Officials
KISIP National 39 52
Unit
th
5 Validation Representatives Community
September and visioning Project 13 Visioning
2017 meeting Consultants
Settlement
Executive
Committee
Members and
Community
members
5-2
Participant Major Issue
Meeting Stakeholder
Date Female Male Total Discussed
Type Representation
Participants Participants Participants
Mombasa
County
Government Community
Officials 35 58 participatory
KISIP National planning on
th
11 Participatory Unit how they prefer
October Planning Representatives 23 the settlement
2017 Meeting Settlement to look like in
Executive future
Committee
Members and
Community
members
Mombasa
Technical County
Planning Government
Workshop Officials
between KISIP National Discussion on
th
11 Director of Unit 10 18 Adoptive
November Physical Representatives 8 Planning with
2017 Planning and Settlement regards to
KISIP PCT Executive provisions of
and Committee Physical
Mombasa Members and Planning Act
County KISIP Community
members
Mombasa
County
Government
Officials
KISIP National
th LPDP Unit 45 78 Cut-off date
9 January
Presentation Representatives 33 declaration
2018
meeting Settlement 3rd February
Executive 2018
Committee
Members and
Community
members
Mombasa
County
Government Discussed on
Officials project
KISIP National 50 82 Facilitation of
Unit Affected
14th PAPs
Representatives Persons
March Sensitization 32
Project
2018 Meeting
Consultants
Settlement
Executive
Committee
Members
Project Affected
5-3
Participant Major Issue
Meeting Stakeholder
Date Female Male Total Discussed
Type Representation
Participants Participants Participants
Persons
Mombasa
County
Government Discussed on
Officials project
KISIP National 38 64 Facilitation of
Unit Affected
nd PAPs Representatives Persons
2 May
Sensitization Project
2018 28
Meeting Consultants
Settlement
Executive
Committee
Members
Project Affected
Persons
Table 5-2below presents a list of issues discussed during the PAPs meeting held on 14 th March and
2nd May 2018 in the settlement.
Table 5-2: Summary Issues Discussed during PAPs Meeting
Theme Issues Response
Size of the A few PAPs wanted to know if They were advised that since it was a
roads some of the roads especially the planning issue, the planner made
footpath’s size could be reduced amendments to the plan in the sections
to reduce the level of damages. identified, the objective of adopting local
Some of the PAPs complained demarcation was to minimize Project
about the size of the roads resettlement impacts
Compensation The residents in settlement insisted They were informed that the RAP report has
of PAPs for compensation of all affected identified all eligible PAPs who were
structures prior to issuance of title enumerated prior to Cut off date of 3rd
deeds February 2018, these PAPs will be
adequately compensated as provided by this
RAP.
Demolition PAPs requested for time to demolish The law and the entitlement matrix in the
notices their structures and salvage RAP provides for 3months notice grace
construction materials. period prior to structure demolition
Benefits of the PAPs asked to be sensitized on the The PAPs were taught about how owning a
title deeds importance of title deed title would change their lives in the long run.
Even though their assets would be affected
by the roads, they can always use the title as
collateral to secure loans in future and this
would be very beneficial. Titleswill give
them security of tenure.
Gender Women in attendance were The PAPs were informed that RAP also
inclusivity encouraged to own land on their recommends joint account for spouses
own as it shows great where compensation money will be
development in the society and channeled
they were advised to take up the
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idea.
Vulnerable Community wanted to know if there An assurance was given to the PAPs that the
Groups was any specialized assistance to RAP process had captured all the vulnerable
vulnerable persons who might be persons affected by the project and their bio
affected by the Project data would be forwarded to KISIP and the
Ministry for further actions.
The RAP has provided extra assistant to
vulnerable categories as required by OP 4.12
on Involuntary Resettlement
Figure 5-1: Photographs of PAPs Meeting in KisumuNdogo Informal Settlement
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CHAPTER 6: PROJECT IMPACTS
6.1 Introduction
The fundamental impact of tenure regularization is issuance of title deeds to beneficiaries. There was
no loss of parcel land size in the Settlement this was achieved through community sensitization on
the need to provide access to all plots as a requirement before title deeds are issued. Through the
sensitization as well as adoptive planning the LPDP was finalized and endorsed by the beneficiaries
without loss of plots among the beneficiaries.
The planning and survey element which will culminate in the tenure regularization has potential of
triggering risks associated with partial demolition of residential and business structures and well as
disruption of business livelihoods. The resettlement impact is particularly related to activities
proposed in the LPDP which include opening of access through improving road network.
6.2 Positive Impacts of the Project
In future, once the proposed planning infrastructure in the Local Development Plan has been
implemented; the following listed benefits will be realized:
6.2.1 Secure Land Tenure
The Project will result to enhanced tenure security through provision of title deeds to 172
beneficiaries identified during planning and survey process. The main objective of KISIP’s Component
2 is to provide secure land tenure in this informal settlement. Therefore, with secure land tenure,
those living there can make long term investments on their land.
6.2.2 Improved Housing
Traditional, persons living as in informal settlements with no legal ownership of land parcels they
occupy do not invest in permanent housing units for fear of demolitions or evictions. Secured land
tenure is associated with improvement in settlement infrastructure. Thisis evidenced by housing
investments by owners, increases in housing values, increased access to credit, access to housing
infrastructure, ownership and titling, increase in household density, among others. With the tenure
of the land secured, it is expected that the beneficiaries in the settlement will invest in better
housing for their families.
6.2.3 Improved Infrastructure
Lack of basic infrastructure such as roads, drainage, water, sewer network and security lighting is a
major issue in the informal settlement.Accessibility in the informal settlement is a major challenge as
roads are not developed due to lack of road way leaves. The existing roads are seasonal in nature. A
settlement with good road network is attractive for investment and living. Proximity of the
settlement to Mombasa town will also boost the settlement outlook.
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6.2.4 Advancement of Women Rights to Property Ownership
Through continuous sensitization on the rights to women to own property and also encouragement of
joint ownership will lead to increased land ownership from the current 58 femalebeneficiaries out of
the total 171 beneficiaries. This is a positive initiative towards enhancing women right to land
ownership in Kenya.
6.3 Negative Impacts
The planning and survey element which will culminate in the tenure regularization has potential of
triggering impacts associated with partial or total demolition of residential and business structures as
well as disruption of business livelihoods among Project Affected Persons (PAP’s). The resettlement
impacts are particularly related to activities proposed in the LPDP which include opening of access
through improving road network as discussed in sub sections below.
6.3.1 Total Number of PAPs
The total number of PAPs in the settlement is 379 PAPs. Among the total number, 145 PAPs are male
including 15 PAPs who are vulnerable while 234 PAPs are female PAPs including 4 PAPs who are
vulnerable. From the total number of PAPs 228 PAPs are tenants who include 95 PAPs female and
133 PAPs male. This information is summarized in figure 6.1 which is a PAPs flow diagram below:
PAPs 379
Male-145 Female -243
Vulnerable 15 Vulnerable 4
Figure 6-1: PAP Diagram
6.3.2 PAPs Losing of Structures
The total number of PAPs losing structures is 151 PAPs among them 50 PAPs are female while 101
PAPs are male as presented in table 6-1. The structures are either used for residential purpose or
business purpose.
Table 6-1: PAPs losing Structures
Total PAPs losing Women PAPS Male PAPs losing Vulnerable PAPs
Structures Losing Structures Structures
151 50 101 15 male PAPs
4 female PAPs
Table 6.2 below presents a summary of nature of structures affected in the settlement following
conclusion of census exercise while figure 6-2 presents sample photographs of affected structures.
6-2
Table 6-2: Nature and Type of Structures Affected
Type of Structure Number Affected
Bathroom 3
Borehole 2
Extension 1
Fixed Business Shed 58
Grocery 1
House 3
Latrine 6
Main House 103
Mobile Business Shed 1
Office 1
Concrete Staircase 1
Septic Tank 1
TOTALS ??
Figure 6-2: Photographs of affected structures in the settlement
6.3.3 PAPs Losing of Livelihood
The census exercise conducted in the settlement recorded that out of the total number of PAPs
identified, 111 PAPs will temporarily lose livelihood derived from small scale business and income
from rental structures. The PAPs temporarily losing business livelihood are 51 among them 34 female
and 17 male while the number of PAPs losing rental income are 60 among them 27 female and 33
male. This information is summarized in table 6.3 below while figure 6-3 presents sample
photographs of affected subsistence business.
Table 6-3: PAPs losing Livelihood
Business Livelihood Women PAPS Losing Male PAP Losing Total
Livelihood Livelihood
Business Livelihood 34 17 51
Tenancy Livelihood (Rental 27 33 60
Income)
Totals 111
6-3
Photos below presents sample of business affected in the settlement.
Figure 6-3: Photographs of affected businesses in the settlement.
6.3.4 Tenant PAPs
The RAP identified 228 PAPs who have rented structures for residential and business use; these
structures are encroaching into the road reserves and will therefore be demolished. The tenants
PAPs included 75 female and 133 male as summarized in table 6.4 below.
Table 6-4: Tenant PAPs
Tenants PAPs Female PAPs Male PAPs
228 95 133
6.3.5 Vulnerable PAPs in the Settlement
The vulnerable PAPs enumerated in the settlement were 19 PAPs, these PAPs were vulnerable
with regards to female headed, elderly and disabled person as summarized in table 6.5 below.
Table 6-5: Vulnerable PAPs
Type of Vulnerability Number of PAPs
Female Headed Households 1
Elderly 6
Disabled person 12
Note: Map of affected assets is presented as Annex 8 of this report.
6-4
CHAPTER 7: SOCIO ECONOMIC PROFILE OFAFFECTED PERSONS IN THE
SETTLEMENT
7.1 Socio Economic Survey Context
A household socio economic survey was conducted at 100% census of the PAP’s. The purpose of the
census was to:
i. Enumerate and collect information of the affected persons.
ii. Identify affected assets and livelihoods for each PAP.
iii.Register the affected persons.
iv. Establish a list of beneficiaries before the project’s onset that counters spurious claims from
those moving into the project area solely in anticipation of benefits.
v. Establish socioeconomic baseline information for the purpose of establishing fair
compensation rates.
vi. Provide a basis for monitoring and evaluation of the resettlement interventions.
A questionnaire (annex 1) was used to collect PAP census information including household members
by age, sex, relationship to head of household, education and occupation and housing conditions.
The census also documented housing conditions, health conditions and economic activities. This
information was used (i) to establish a list of PAPs; (ii) to establish a socio-economic profile of PAPs
based on existing
7.2 Demography of Project Affected Persons (PAPs)
7.2.1 Family Size of PAPs
Family size is a significant socio economic variable in analyzing the level of living conditions of
Project Affected Persons. For instance, large family sizes are highly likely to fall into vulnerability if
impacted by the project that family sizes with few dependents.
However, in Kisumu Ndogo Informal Settlement majority of families consisted of 5 people at
29.8%, families of 3 people at 13.9% while families of more than 10 people at 1.3%. Figure 7-1
below illustrates the situation.
Figure 7-1: Family size of PAPs
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7.2.2 Ages of PAPs
Age is an important aspect in RAP assessments especially during determination of vulnerability of
PAPs. PAPs under the age of 18 years are normally considered as minors and PAPs above the age of
70 years and considered as old persons. These categories of PAPs require special assistance during
RAP implementation as stipulated by the World Bank OP 4.12.
The finding were that majority of the PAPs were aged between 36-45 years at 26.5%. 21.1 % of
PAPs were above 55years with 6 PAPs aged over 65years therefore falling in the category of
vulnerable elderly PAPs. This is illustrated in Figure 7-2 below.
Figure 7-2: Age of PAPs
7.2.3 Gender of PAPs
As, gender inclusivity is one of the guiding principles of this RAP as stipulated by the National Gender
and Equality Commission Act of 2011 and World Bank OP 4.12,the following initiatives will be
undertaken to ensure female inclusivity:
i. Proposed joint accounts between spouses for disbursement of compensation funds
ii. Inclusion of women representatives in the RAP Grievances Committee
In Kisumu Ndogo informal Settlement, majority of the PAPs were male at 65% (98PAPs) while
female represented 35% (53) of the PAPs as illustrated in Figure 7-2 below.
Figure 7-3: Gender of PAPs
7-2
7.2.4 Marital Status of Persons
This RAP also provided that deliberate efforts will be put in place to ensure that spouses of the PAPS
are included in the opening of bank accounts such that compensation monies are channelled to the
joint accounts. The PAPs consisted of single, separated and divorced members with married people
comprising the majority with 63%.As illustrated in Figure 7-4 below
Figure 7-4: Marital Status of PAPs
7.2.5 Education level of PAPs
The literacy level for PAPs in Kisumu Ndogo is relatively high with ninety eight percent (96% of the
PAPS having cumulatively attained some form of education ranging from primary school education
(38%), secondary school (48%), college/ university (12%) and adult education (less than 1%). Only
two percent of the respondents did not have any form of education.
The literacy levels can be associated with a higher percentage of youths (aged below 35 years) in the
settlement who have acquired at least primary secondary and university education. Majority of
the residents have attained secondary education. This is because a larger percentage of the residents
take their children to secondary schools and universities outside the settlement or Mombasa County
at large.
There are four private schools within the settlement. One is a nursery school and the rest are primary
schools. On average, the schools have 127 students per school and 10 teachers per school. The two
main problems which these schools face are lack of playgrounds and fee debts. This is presented in
Figure 7-5 below.
7-3
Figure 7-5: PAPs Education Level
7.3 Economic Assessment
7.3.1 Income Streams of PAPs
Majority of the PAPs in Kisumu Ndogo have various sources of income with 37% of the PAPs being
self-employed. The self-employed have ventured into small scale businesses such as food kiosks,
retail shops, and green grocer sheds, among others. Other forms of employment include civil
servants (1%), Private sector employees (14%) and casual laborers (24%) who work on daily waged
jobs. Twenty-one percent (21%) reported to be unemployed. Less than 2% are students. This is
presented in figure 7-6below
Figure 7-6: Employment Status of PAPs in the Settlement
7.3.2 Business Ownership among PAPs
Nineteen percent (19%) of the PAPs use their structures for business with 94% of their customers
coming from inside the settlement. On average, the business owners made Ksh12,400 per month.
Seventy one percent (71%) of the business owners were sole proprietors being the only employees of
their business. Figure 7-22 below illustrates type of business in the settlement
Figure 7-7: Type of Business in the Settlement
7-4
7.3.3 PAPs Income
Majority of the PAPs have a monthly income of more than Kshs. 10,000. About 30% of the
respondents have a monthly income of more than 10,500, while 18% earn less than Kshs1500 per
month. Despite these low income rates and unemployment rates, the PAPs did not give employment
opportunities as priority during the upgrading process rather the major priority included good roads.
These can the interpreted that the people in this settlement need good roads to allow them to access
job opportunities easily. Good roads unbundles an areas that is cut off from job and market
opportunities and creates a good environment for timely and efficient access to opportunities. This
will not only improve the quality of life of people but also promote geographical justice and
development. This is presented in Figure 7-8 below.
Figure 7-8: Average Monthly Income
Upon segregating Household incomes, the male respondents had a mean income of 4.9 while the
female respondents had a mean income of 4.5.The monthly household incomes are glaring between
the male and female residents of Kisumu Ndogo. Analysis revealed that 28% of male earned more
than Ksh 10,500 compared to 27.2% of the female who earned more than Ksh 10500.Figure 7.9
illustrates the information
Figure 7-9: Household Income by Gender
7-5
7.3.4 Health Status of PAPs
With regards to health, the figure below shows where the PAPs seek medical assistance. Seventy
percent (70%) of the respondents went to public hospitals (owned by government) to seek medical
assistance while 26% went to private hospitals (owned by individuals). The rest went to mission
hospitals 0.5% (which are owned by charitable organizations), traditional healers (0.5%), chemists
(2%), and spiritual healer (1%). Majority of these medical facilities (55%) are located inside the
settlements. On average, the medical facilities are located 1.7km from the settlement.
From the PAPs specific naming of their preferred medical center, over 80% of the residents in Kisumu
Ndogo seek medical services from Maweni Dispensary that is located within the settlement.
Other preferred medical centers include Kongowea CDF, St.Paul Medical Clinic, Shalom clinic,
Makadara hospital and Coast General Hospital. This is indicated in Figure 7-10below
Figure 7-10: Places of Medical Assistance for PAPs
7.4 Water and Sanitation infrastructure for PAPs
7.4.1 Water Infrastructure
Forty-four per cent (44%) of the PAPs reported to have piped water, 4% used shallow wells and 11%
mentioned having other water sources such as buying water from water vendors or borehole water.
PAPs spend as much as Kshs 120 on water per day to purchase water from water vendors when
water supply is not reliable. In some cases, the water from the vendors is not certified and puts users
at risk of acquiring waterborne diseases and infections.
The average household expenditure on water in Kisumu Ndogo is KES 250 per day. 35% of the
households paid Ksh 20 per jerrican of water, while 31% paid between 20 shillings and 50 shillings
per jerrican of water.This is presented in Figure 7-11 below.
7-6
Figure 7-11: Sources of Water Sources for PAPs
7.4.2 Sanitation Infrastructure
With regards to sanitation, 88% of the PAPs had a bathroom inside their structure while7% had a
bathroom outside their structure. The rest (5%) of the respondents had no access to a bathroom. The
toilet doubles up as the bathroom.Figure 7-12 on page 7.7 presents the situation.
Figure 7-12: Access to Bathroom Facility
Eighty-eight percent (88%) have access to pit latrines while 8% use a toilet connected to the sewer
line. Only 3% do not have access to a toilet and 1% uses a septic tank. A small percentage (0.4%) has
access to VIP. The difference between VIP and pit latrine is that a pit latrine has no vent pipe while a
VIP toilet has a vertical vent pipe that eliminates odor. Some of the settlements are not connected to
the sewer and this needs to be improved on. The figure below shows the type of toilet facility that
the residents of Kisumu Ndogo settlement have access to.Figure 7-13 below illustrate the situation
Figure 7-13: Type of Sanitation Infrastructure
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7.4.3 Solid Waste Disposal
The main form of waste disposal in Kisumu Ndogo is dumping in a dumpsite (61%). 16% had their
garbage collected by private garbage collectors.Sanitation and solid waste handling is major concern
in the settlement as waste is disposed irregularly. In terms of liquid waste drainage, the area is
relatively flat and lacks a good sewer connection. A few individual structure owners have induced
their own septic tanks. As observed during the data collection, there is a huge need for sanitation
improvement in the settlement and this is confirmed from the upgrading priorities given by the
respondents. This information is given in Figure 7-14 on page 7.8.
Figure 7-14: Solid Waste Disposal
7-8
CHAPTER 8: ELIGIBILITY AND COMPENSATION
8.1 Eligibility for Compensation
The PAPs, irrespective of their tenure status, are eligible for assistance if their assets or livelihood
will be affected by the project before the entitlement cut-off date of 3rd February 2018. The
entitlement ‘cut-off’ date refers to the time when the census and assessment of PAPs and their
property in the settlement began.
The cut-off date was discussed and declared to the community in the LPDP presentation meeting
held in the settlement on 9 th January 2018, minutes of the meeting are provided as annex 5 to
this report. Those who encroach on the road reserves after established cut-off date will not be
eligible for compensation or assistance.
The following categories are eligible for disruption assistance and were identified among the PAPs
in the settlement.
i. PAP’s affected structures used for business or residential purposes.
ii. PAP’s affected business or sources of livelihood.
iii. Tenant PAPs who reside in structures that will be affected.
8.2 Mitigation of Resettlement Impacts
All structures affected will be compensated at replacement cost while livelihoods will be
compensated with cash as per the provisions of the entitlement matrix presented as table 8-1 in
chapter 8 of this report. For vulnerable PAPs and as provided by the KISIP Resettlement Policy
Framework (RPF), this RAP provides for additional Kshs 2,000 for the first 2months, specialized 9
assistance during relocation and priority in disbursement of compensation funds. The elderly will
also beenlisted to government social programme such as the "InuaJamii cash transfer programme
for aged persons.
This RAP also, provides for Ksh 1,500 facilitation rent allowance to be paid for 2 months for 228
tenant PAPs enumerated in the settlement and a relocation allowance of Ksh 5,000. This
facilitation will enable them look for available alternative houses to rent within the settlement.
8.3 Preferred Compensation Option
The resettlement measures and strategies have been developed in close consultation with
community members, the PAPs, institutional stakeholders and in reference to the national legal
regimes, the World Bank OP 4.12.
9
Specialized assistance will include assistance to the vulnerable (elderly and PLWD) in reconstruction of
affected structures through provision of transport and labour from the community and SEC during
reconstruction of the affected structures.
8-9
In the PAP meeting that was held on 14 th March and 2nd May 2018 PAPs were made aware of
available compensation options which included In kind or cash compensation. However, PAPS in
the settlement expressed the preference for cash compensation as opposed to the option of in-
kind reconstruction of a similar structure by the project.
8.4 Entitlement Matrix
The entitlement matrix developed for this assessment is presented in table 8-1 below:
Table 8-1: Entitlement Matrix
Loss Category of Entitlement
PAP
Fully affected / Squatter Cash compensation at replacement cost for the structure
part affected One time shifting allowance of Ksh 5000
remaining Right to salvage construction materials
structures not Tenant Ksh 1,500 facilitation rent allowance to be paid for 2 months
viable
A onetimeshiftingallowance of ksh 5000
Right to alternative accommodation for a vulnerable
household.
Part affected Squatter Cash compensation at replacement Cost without
structures with depreciation
remaining portion Repair Cost at 25% of the total compensation
viable Right to salvage construction materials
Loss of Income Business Cash compensation based on a calculated average loss of
operators income over an appropriate period (One Week)
Loss of Ksh 1,500 rental income to be paid for 2 months to the
rental landlord
income
Others vulnerable The SEC will be facilitated to assist the Vulnerable PAPs to
PAPs reconstruct their structures.
Priority consideration in processing compensation
payments
Additional Ksh 2000 to the vulnerable persons for the first
2 months
KISIP will share details of Elderly PAPs to the County
Government Department of Social Services for enlisting to
government social programmesuch as the "InuaJamii 70
years and above cash transfer programme for aged PAPs.
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CHAPTER 9: GRIEVANCE REDRESS MECHANISM
9.1 Grievance Procedure and Rationale
This section describes the procedure and mechanism through which community members and
PAPs will be able to report, make, place/lodge or express a grievance against the project and its
staff as part of the RAP implementation. It also describes the roles and responsibilities of different
structures in resolving grievances.
A grievance is any dissatisfaction or sense of injustice or unfairness felt by a person in this respect
a PAP or his/her representative in connection with his/her compensation entitlements, the RAP
implementation process, the project and other scenarios related to project implementation.
Grievance procedures may be invoked at any time, depending on the complaint and on the
people involved. Grievances might be triggered due to the following reasons among others .
i Misidentification of assets or mistakes in valuing them;
ii Dispute over the ownership of a given asset (two individuals claim to be the owners of this
asset);
iii Disagreement over the valuation of the asset; Compensation of Entitlements
iv Successions, divorces, and other family issues, resulting in disputes between heirs and other
family members, over ownership or ownership shares for a given asset
v Any grievance associated with the titling process
The grievance will be brought to the attention of the person(s) in charge, referred to in this RAP
as the Grievance Officer (GO).This grievance procedure is intended to put in place and facilitate
accessible, prompt and cost-effective handling of grievances at the nearest points of service to
community members and the PAPs.
The aim and purpose of this system is to make the grievance handling procedures accessible,
prompt and affordable to the PAPs given the generally low values of some of the properties to be
affected, thus providing an alternative to the costly and time-consuming formal court procedures
for handling grievances and disputes.
The objective of the grievance handling systems and procedure is to establish for the PAPs
mechanism for raising complaints related to compensation for loss of structures and other
livelihood properties as well as assets and having such complaints resolved as amicably as
possible through acceptable and binding corrective actions. This grievance management system
will be in place throughout the LPDP implementation including the exit period.
Grievance mechanism for this RAP is proposed as a3 tier arrangement.
i The first tier will allow for amicable review and settlement of the grievance at the
settlement level
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ii The second tier will involve the RIC in case the grievance cannot be solved at the first level
iii The third tier will be the option of allowing the grieved party to seek redress at the court of
law.
Levels (i), and (ii) are costs free. The legal redress option however, may incur some costs for the
parties involved.
9.2 Grievance Mechanism Structure
The settlement has an established Settlement Executive Committee (SEC) and Grievance Redress
Committee (GRC), therefore this RAP has enhanced the GRM through the below described three-
tier Grievance Mechanism:
9.2.1 Settlement Grievance Redress Committees (SGRC)
It is desirable to resolve all the grievances at the community level to the greatest extent possible.
The community or settlement level grievance mechanism must be credible and generally
acceptable. The grievance redress mechanism will aim to solve disputes at the earliest possible
time in the interest of all parties concerned.
The Settlement Grievance Redress Committees (SGRC) is established in each Administrative
Location affected by the Project. The committee comprises of 2Community Elders, 1 Women’s
Representative, 1 Youth Representative, 1 Representative of Vulnerable Groups (all elected by the
community) and the Location Chief who chairs the committee.The SGRC addressing Project
related grievances will give opportunity to the local communities and the public to express any
grievances related to project.
9.2.2 Resettlement Implementation Committee (RIC)
In case the grievance is not resolved at first tier, the SGRC handling resettlement-related grievances
will be enjoined by the proposed Resettlement Implementation Committee (RIC) of KISIP and one
representative of County Administration (e.g. Assistant County Commissioner). The RIC is a proposed
committee in KISIP according to the RPF. In addition, while the document proposes an elaborate
composition for RIC, for the relevance of this RAP related to planning and survey, the following are
the recommended members the committee is comprised of:
From KISIP National PCT:
a) Head of Component 1
b) Social Safeguard Specialist
c) Community Development Specialist
d) 3 members from Component 2 – Surveyor, Land Administrator and Valuer
e) KISIP Finance Officer
From the County
a) County KISIP Coordinator who will be the chairman
b) Community Development Officer
c) Assistant County Commissioner
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d) County Surveyor
e) County Physical Planner
f) County Environmental Officer
g) Representative from enforcement department
h) Town Administrator
The members of parliament and members of the County Assembly (MCAs) may be co-opted as ex-
officio members. Mombasa County - Office of the County KISIP Coordinator will provide the
secretariat for the committee.
9.2.3 Courts of Law
If complainants are not satisfied by the decision of the first two tiers of the Grievance Mechanism,
they can seek redress from the Courts of Law at their own cost.
9.3 Procedure of Receiving and resolution of Complaints
9.3.1 Step 1: Receipt of complaint/grievance
A verbal or written complaint from a PAP or community member will be received by the
Grievance Officer (GO) on behalf of the SGRC the role of Grievance officer will be as described
below:
a) Recording the grievances, both written and oral, of the affected people, categorizing and
prioritizing them for handling within the specified time period. He will sort the grievances
as those:
Thatneed clarifications
To be handled by SGRC
To be forwarded to RIC/KISIP Headquarters directly e.g. complains on compensation
amounts
b) Discussing grievances on a regular basis with the SGRC and coming up with
decisions/actions regarding issues that can be resolved at that level.
c) Reporting to the aggrieved parties about developments regarding their grievances and the
decisions of the SGRC and RIC.
d) Providing inputs into the monitoring and evaluation process.
The grievance team will hold meetings at site level based on grievances received by the GO. The
GO will record the grievance and progress into the grievance register. The grievance register will
indicate grievances, date opened/lodged, actions taken to address or reasons why the grievance
was not acted upon (e.g. the grievance was not related to the resettlement process), information
provided to complainant and date on which the grievance was closed.
Grievances can be lodged at any time directly to the GO based at the settlement level. The
process of lodging complaint is outlined below:
a) The GO will receive a complaint from the complainant.
b) The GO will ask the claimant questions in their local language write the answers in English
and enter them in English onto the grievance form.
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c) The local leader (representative of an independent local civil society organization) and the
complainant both sign the grievance form after they have both confirmed the accuracy of
the grievance.
d) The GO lodges the complaint in the grievance register.
9.3.2 Step 2: Determination of Corrective Action
If in their judgment, the grievance can be solved at this stage and the GO and SGRC will determine
a corrective action in consultation with the aggrieved person. A description of the action, the time
frame within which the action is to take place, and the party charged with implementing the
action will be recorded in the grievance register.
Grievances will be resolved and the status reported back to complainants within 14 days. If more
time is required, this will be clearly communicated in writing and in advance to the aggrieved
person. In cases that are resolvable within the stipulated time, site investigations will be
undertaken and results discussed with the PAPs. In some instances, it may be appropriate to
appoint independent third parties to undertake the investigations.
9.3.3 Step 3: Meeting with the complainant
The proposed corrective action and the time frame in which it is to be implemented will be
discussed with the complainant within 14 days of receipt of the grievance. Acceptance of the
agreement and corrective action will be documented, with the complainant appending the
signature. If no agreement is reached, Step 2 will be revisited.
9.3.4 Step 4: Implementation of Corrective Action
Agreed corrective actions will be undertaken by the party agreed by SGRC within the agreed time
frame. The date of the completed action will be recorded in the grievance register.
9.3.5 Step 5: Verification of corrective action
To verify satisfaction, the aggrieved person will be approached by the GO and SGRC to verify that
the corrective action has been implemented. A signature of the complainant will be obtained and
recorded in the grievance register (see Step 3). If the complainant is not satisfied with the
outcome of the corrective action, additional steps may be undertaken to reach agreement
between the parties. If additional corrective action is not possible, the matter is referred to the
RIC.
9.3.6 Step 6: Action by RIC
If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the
complaint will be handled by the RIC, whose membership has already been discussed under
earlier sections of this report. This committee however must have a quorum of at least five
persons. Decisions will be reached by simple majority. The Grievance Committee should be
constituted for as long as grievances are being lodged, and a register (annex 6) kept to track
progress on the resolution of grievances
Once the RIC has determined its approach to the lodged grievance, this will be communicated to
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the GO, who will communicate this to the complainant. If satisfied, the complainant signs to
acknowledge that the issue has been resolved satisfactorily. The RIC has 14 days to resolve the
grievance. If the complainant is not satisfied, however, the complainant notes the outstanding
issues, which may be re-lodged with the Grievance Committee or the complainant may proceed
with judicial proceedings.
9.3.7 Step 7: Alternative Action/Judicial Recourse and National Land Commission
In case this mechanism will not lead to resolution of the grievance, the complaint is free to seek
redress at the courts of law at any given time. After redress at this level, the decision arrived at is
communicated to the Grievance Officer and file closed.
9.4 Terms of Reference for the Grievance Redress Mechanism Committee
The Terms of Reference for the Grievance Redress Mechanism Committees will be as follows:
Address all forms of grievances relating to the implementation of this RAP expeditiously and
impartially.
To consult with all the relevant parties involved in the disputes in the process of seeking
solutions, and further to seek technical advice where necessary to reach a verdict
Document the grievance handling process from the time a complaint is received to the final
determination. To this end, the committee shall maintain a grievance register, minutes of all
meetings held to address grievances, and correspondences
To notify the concerned parties promptly once a verdict has been reached, and the next steps.
The grievance redress form annex 7 includes components like name of the recorder; definition of the
grievance, information about the complainant and the details of grievance.
9.5 Effectiveness of the Grievance Redress Mechanism
The following measures are proposed to ensure the effectiveness of the Grievance Redress
Mechanism:
The SGRC and the RIC will be trained on their roles and the process flow before the start of
RAP implementation, Training of the SGRC and RIC is to be undertaken by the KISIP social
Safeguards Team, and where necessary with support from the World Bank.
Necessary technical and financial support will be extended to the SGRC to enable them
function effectively,
The SGRC and the RIC will make monthly reports on the progress in addressing grievances e.g.
grievances received andhow they were handled,
The committees will maintain records such as: grievance registers, minutes of meetings, and
correspondences, for reference and inspection.
9.6 Capacity-Building for the Grievance Officer and Grievance Committees
It will be important for the GO to be appointed based on his/her experience and training in conflict
resolution through mediation and reconciliation. It will also be important for the GO to have
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sufficient skills in mediating disputes involving parcels of land, ownership shares, and data
management, including data entry, data analysis and storage. This notwithstanding, it will be
important that steps are taken to orient and build the capacity of the GO as part of the project
implementation team in conflict resolution procedures, such as mediation and reconciliation, and
other management areas such as record-keeping, report-writing and ICT equipment management.
The Grievance Committee members will also need to be oriented to the grievance redress
mechanisms suggested in the RAP as adopted from the RPF. The capacities of the Grievance
Committee members will also need to be built around issues of grievance identification,
documentation, analysis and resolution as provided for in the land legislation.
Figure 9-1 gives a presentation of the grievance redress mechanism.
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Level 1
Registration of the grievance with GO and resolution by
SGRC (14 days)
Level 2
Forward findings
Complainant and
YES satisfied with NO recommendations
the outcome to Resettlement
Implementation
(RIC) Committee
Grievance
YES Complainant processing by
Final closure
satisfied with Mediation
outcome committee
(14days)
NO
Level 3
Complainant seeks legal
redress
Figure 9-1 Grievance Address Procedure
9-7
CHAPTER 10: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS
10.1 Resettlement Implementation Principles
The main objectives of resettlement and compensation are to ensure that the PAPs get fair and
prompt compensation. In this way it is expected that their income, productivity and standards of
living will be improved, or at least restored to their previous levels or even better.
The guiding principles for the implementation of the RAP will be as follows:
i. Resettlement or relocation has been minimised by taking into consideration all possible
alternative measures.
ii. Compensation will be paid before issuance of title deeds in the settlement, this process will be
done in a manner that does not curtail the livelihoods of the PAPs in terms of access and
utilisation of such compensation.
iii. The compensation values awarded are fair to restore the livelihoods of PAPs.
iv. All other activities related to the RAP will be communicated in advance to the PAPs using the
preferred channels of communication.
v. Where grievances arise, the respective PAPs will be given an opportunity to be heard, fairly
and promptly.
vi. Measures will be taken to ensure that vulnerable groups get special assistance and support;
and where spousal consent is needed, the provision will be enforced.
10.2 Resettlement Implementation Institutions
This RAP will be implemented within a period of not more than 3 months upon approval of the
RAP by the World Bank. At implementation phase, KISIP will ensure all PAPs are adequately
facilitated according to the provisions of this RAP before Title Deeds are issued to all beneficiaries.
The implementation tasks will be carried out by KISIP RIC with the support of Mombasa County
Government KISIP team whose composition is outlined in this RAP.Table 10-1 below indicates the
County and National Government role in this RAP implementation:
Table 10-1: National and County Government RAP Implementing Institutions
No. Institution Role Capacity
1. Ministry of Transport, It houses the KISIP project The Ministry has the capacity for
Infrastructure, and provides for policy implementation of this RAP
Housing and Urban direction. The Ministry has the capacity for
Development. It handles land tenure infrastructure improvement in
matters and issues titles. the planned settlements
The Ministry has experts in the
necessary key areas: land
management, land
administration and physical
planning.
2. Ministry of Finance Financial management on Capacity exists and funds will be
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No. Institution Role Capacity
behalf of the Borrower made available.
(GoK).
Provision of counterpart
funding – part of which is
used to settle
compensation claims by
PAPs.
3. National Land Custodian of all public The commission has the capacity to
Commission land on behalf of the this mandate.
County Governments.
Ensures Issuance of Title
Deeds to beneficiaries.
4. County Government Ensures that all PAP’s are The county has capacity in the
authentic enforcement department.
Ensures that there is no re The county has a functional social
encroachment or any new development office that has been
development after cutoff collaborating with KISIP national
date and before office.
compensation process is There is a functional KISIP County
completed. office existing.
In addition to the above government institutions, several structures have been established to ensure
effective implementation of this RAP
10.3 RAP implementation at KISIP
10.3.1 KISIP Project Coordination Team
The overall coordination of the whole process is provided by the KISIP Project Coordinating Team
(PCT). The National KISIP Coordinating Unit has the following roles:
i. Coordinate the effective implementation of the RAP as provided for by the RPF.
ii. Prepare Progress Reports on the implementation of the Social Safeguards.
iii. Procure and supervise consultants for Social safeguards.
iv. Build the capacity at all levels to implement the RAP.
v. Supervise RAP implementation during and after project implementation.
vi. Ensure integration of RAPs into Contract and Bid Documents.
vii. Ensure adequate community participation.
The Project Coordinator is the overall technical coordinator in the Project Coordinating Team
(PCT) and implementation of KISIP. He/She will supervise the project team and ensure that
project implementation activities and reports are done on schedule and in compliance with the
financing agreement. The coordinator will report to the Principal Secretary in the Ministry of
Infrastructure, Transport Housing and Urban Development and will from time to time draw the
attention of the PS to all emerging policies issues for decision at that level or a higher level. The
PCT is responsible for routine implementation and technical aspects of the KISIP project. Thus it
comprises of a Safeguards Team which has Social Safeguard Specialists responsible for ensuring
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that the Social Safeguards are implemented.
10.3.2 KISIP RAP Implementing Committee
A Resettlement Implementations Committee, appointed by the Project Coordinator is has been
incorporated in the GRM and has the overall responsibility of Monitoring and Evaluation of the
resettlement process. The following are the recommended members:
From KISIP National PCT:
a. Head of Component 1.
b. Social Safeguard Specialist.
c. Community Development Specialist.
d. 3 members from Component 2 – Surveyor, Land Administrator and Valuer.
e. KISIP Finance Officer.
From the County
a. County KISIP Coordinator who will be the chairman.
b. Assistant County Commissioner.
c. Community Development Officer.
d. County Surveyor.
e. A representative from enforcement department.
f. Town Administrator.
The committee works with the Project Affected Persons for each settlement. The committees’ roles
are as presented below.
i. The Resettlement Implementation Committee shall ensure the list of all PAPs has been
verified and documented in the PAP register. The register shall have, among other
parameters, (1) the name of the person, (2) type of loss (structure / Livelihood) (3)
identification number of the PAP, (3) Compensation Amount (3) Bank Details or M-pesa
details of the PAP.
ii. The Resettlement Implementation Committee will verify the identity of each PAP as stated in
the register and ascertain that every identity card holder is correctly documented in the
register.
iii. Resettlement Implementation Committee will support KISIP in carrying out sensitization
about opening of joint accounts and appropriate use of compensation funds for households.
RIC will support PAPs in opening individual and joint accounts with financial institutions of
their choice. RIC will support KISIP in following up on PAPs to ensure they have received their
compensation.
iv. On completion of the PAP Audit and resolution of any grievance, the committee shall
recommend compensation. Payments will be made according to locations and adequate
information will be made available to all affected persons prior to payment. Such information
will include: dates and locations of payment, list of eligible people and mode of payment, etc.
10.3.3 County KISIP teams
For effective implementation of the project, Counties have established County KISIP Teams whose
composition is a replica of the national team. The county team was crucial in development of this
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RAP and they will also be important during implementation of the RAP prior to commencement of
civil works.
The role of the County KISIP Team includes:
i. Validation of assets and PAPs before compensation.
ii. Formation of the Grievance Redress Committee.
iii. Capacity building of RAPs committee.
iv. Sensitization of PAPs on bank accounts and use of compensation funds.
v. Monitoring of RAP activities.
vi. Oversight and supervision of rebuilding of structures owned by vulnerable PAPs who need
assistance.
10.2.1 Mombasa County Government
The county’s role includes:
i. Facilitate implementation of RAP and ensuring project success.
ii. Delivery of other assistance to PAPs will be the responsibility of County Government under
the coordination of respective RIC.
iii. Responsibility for appropriate and suitable measures to prevent further encroachments after
the cut-off date and before facilitation is made.
iv. Oversight and quality control of rebuilding of structures for vulnerable PAPs identified for
this additional assistance.
v. Clearance of structures after expiry of self-demolition period and compensation.
vi. Part of Grievance Redresses Mechanism through County KISIP office.
vii. Maintaining roads and safeguarding them from encroachment after RAP Implementation.
10.2.2 Settlement Executive Committee
This was instrumental in mobilizing the community and providing a link between KISIP, the
Consultants, and the community. The committee has been involved in all stages of RAP development
and is expected to continue playing an active role in monitoring its implementation.
The Settlement Executive Committee role in the RAP process as follows:
• It provides an entry point into the informal settlement.
• It is the crucial link between the community and other institutions.
• Plays an important role in the formulation of the community resettlement committee and
other engagement structures.
• Will play a crucial role in additional assistance to vulnerable PAPs during Implementation e.g.
rebuilding of structures, and movement.
10.2.3 The Settlement Grievance Redress Committee
This will be formed to address all grievances related to the development and implementation of this
RAP at settlement level.
10.4 RAP Implementation Process Flow
The RAP provides for coordination of relevant institutions discussed above during RAP
implementation, figure 10-2 below presents a flow chart which illustrates roles of institutions
involved in RAP implementation while figure 10-3 presents information sharing and Stakeholder
Engagement Strategy.
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KISIP Project Coordination Team
Overall coordination
Overall responsibility of RAP
implementation
Ensure budget for implementation is
available
Resettlement Implementation
Committee
Monitoring and Coordination of
resettlement process
Grievance redress
Mombasa County KISIP County Government of
Team Mombasa
Validation of Assets Ensure sustainability of the
Handling grievances project
RAP implementation
The Settlement Grievance
Redress Committee
First tier of grievance redress
Figure 10-1 RAP Implementing Institutions
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What Why Areas Whom How
- Avert Disputes/conflicts and GBV - Benefits of Title Deed - Chief Registrar of Titles - All Community
Titles - Enhance/safeguard Women’s - Types of Registrations - KISIP beneficiaries meetings
Sensitization Land Rights - Joint Registration of Titles - NLC - Spouses with
- Regulation of land transactions - Land Control Board Joint
G
(mandatory spousal consent) Ownership
E - Relevant land related institutions
N - Allow PAPs to self-demolish, - Entitlements - RIC PAPS Community
D salvage and rebuild affected - PAP register - County Government of meetings
Notification & E structures in time - Notice for self-demolish and implications Mombasa (CGM)
Disclosure R - Ensure PAPs use compensation of failure to do so within time - Area Chief
for right purpose
C - Ensure grievances are directed - Unilateral Grievance Redress Mechanism RIC PAPS Community
O towards the right institutions for for RAP implementation meetings
Sensitization on N timely resolution - Procedures and processes in GRM
GRM C
E - Avert conflicts and GBV over - Full disclosure of facilitation payment to - RIC PAPS - Community
R compensation both spouses - CGM meetings
N - Ensure PAPs use funds for right - Opening of Joint Accounts - Area Chief - Individuals/S
Compensation & S purpose - Utilization of funds, GBV - SGRC pouses
Joint Accounts meetings
Sensitization
Guiding Principles
Proactive Engagement Clear and Open Information Sharing Learning & Modifying performance
Overall Coordination by KISIP PCT
Figure 10-3 : Stakeholder Engagement Strategy
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10.5 Gender Empowerment Initiatives
Gender inclusivity is one of the guiding principles of this RAP, to enhance these rights, initiative
tailored to sensitize women on tenure rights, Land Laws and enhancing land related decision
making for women within the settlement will be initiated.
In implementing these exercises, key stakeholders include: KISIP, Chief Land Registrar and
Mombasa County; Gender Department; local women and men based organizations; SEC; and local
community will participate. In addition, the Land Control Board will play a role in safeguarding
women rights to owning land by regulating any transaction on Land. The law prohibits a husband
from selling family land without the consent of the wife.These Sensitization exercises will include
but not limited to:
i. Enhancing women’s landownership rights, which to an extent is ongoing as women heads are
already recognized through the titling process, while joint spousal registration will enhance
women land ownership rights.
ii. Enhancing women’s decision-making on land use and Land Laws. For example, women will be
sensitised to know that a spouse cannot sell land without their consent and the role of Land
Control Board in enforcing the requirement of spousal consent thus acting as an avenue of
safeguarding the rights of women on land ownership.
iii. Sensitization on land transfer processes e.g. in the event of a spouse’s death or transfer to
children.
iv. Educating community on the benefits of recognizing promoting women’s land rights.
10.6 RAP implementing Budget
THIS INFORMATION HAS BEEN REDACTED FOR CONFIDENTIALITY AND TO PROTECT PRIVACY
10-14
10.7 RAP Implementation Schedule
The implementation schedule for this RAP covers the period from the preparation of the RAP to the
conclusion of the envisaged tenure regulation activities in the settlement. The RAP Implementation
Schedule defines the duration and timing of the key milestones and tasks and also indicates who is
responsible for implementing the task provided.
As part of RAP implementation, disclosure of RAP will be a critical task, disclosure will be achieved
through meetings will be organized at settlement level coordinated by the KISIP RIC, in the disclosure
meeting, a summary of the main findings and recommendations, entitlements, and PAP register will
be presented to the community.
The process of disclosure will include more stakeholder involvement that includes the County
Government of Mombasa and the National Land Commission among other relevant stakeholders. In
addition, the RAP will be made available on the Ministry of Transport, Infrastructure, Housing and
Urban Development website and the World Bank’s Info shop. Copies of the report will also be made
available to the SEC, Grievance Committees, and the County offices.
This RAP will also be translated appropriately to ensure all PAPs are aware of the RAP
implementation process. This will include translating the executive summary to a language
understandable to the community and PAPs as well as verbal translation during the Public disclosure
meeting. The process of RAP implementation will also involve other tasks as summarized below;
Audit of PAP register and compensation package due to each PAP. This can also include
negotiation on the facilitation packages.
Resolution of emerging grievances
Notification and sensitization of PAPs prior to the commencement of the activities that will
affect them. Facilitation
Commencement of project operations including issuing of titles
Monitoring and evaluation, including baseline information update
Table 10.4 on page 10-14 presents RAP implementation schedule prepared for the Settlement.
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Table 10-2: RAP Implementation Schedule
Actor Period in Months
S/. Implementation to begin immediately after
TASK NAME
No. approval of RAP
1 2 3 4 5 6
1. Approval of RAP World Bank
Sensitization on Title Registration(including KISIP, Chief Registrar of Lands
2.
Gender Empowerment on land ownership)
3. Disclosure of RAP KISIP
Formation and capacity building of Grievance KISIP, RIC, Beneficiaries
4.
Management Committees
5. Validation of asset valuation/values KISIP, County Government,
6. Grievance Redress KISIP, RIC, PAPs, GRC
Sensitization of PAPs on bank accounts and use of KISIP, RIC, County Government,
7. compensation funds including joint spousal Women Based Organizations (if
management of cash present), SEC
8. Payment of compensation KISIP, RIC
9. Issuance of notice for self-demolition KISIP, RIC
10. Issuance of titles10 MoTIH&UD and NLC
11. Self-Demolition PAPs
Demolition of any structures that have not been Mombasa County
12. demolished at the expiry of the self-demolition
notice period
KISIP
13. Monitoring activities
MoTIH&UD
10
Indicated as a continuous process to allow for resolution of grievances on titling if any arises
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CHAPTER 11: MONITORING AND EVALUATION
11.1 Introduction
Monitoring and Evaluation (M&E) procedures establishes the effectiveness of all resettlement
activities, in addition to the measures designed to mitigate negative social impacts. The
procedures include internal track-keeping efforts,independent external monitoring and final
completion audit.
The purpose of resettlement monitoring for the Project is to verify that:
i. Actions and commitments described in the RAP are implemented;
ii. Eligible PAPsreceive their full compensation prior to issuance of title deeds.
iii. RAP actions and compensation measures have helped the people who sought cash
compensation in restoring their lost incomes and in sustaining pre-project living standards;
iv. Complaints and grievances lodged by PAPs are resolved.
v. Changes in RAP procedure are made, if necessary, to improve delivery of entitlements to
PAPs.
The World Bank operational policy (OP 4.12) states that the project proponent is responsible for
adequate M&E of the activities. Monitoring will provide both a warning system for the project
proponent and a channel for the PAPs to make known their needs and their reactions to
resettlement execution.
Monitoring and evaluation activities and programs will be adequately funded and staffed.
Accordingly, the primary responsibility for monitoring rests with KISIP PCT which already has
social safeguards team who will work in collaboration with the RIC, and other external actors,
where needed.
11.2 Monitoring and Evaluation Framework
11.2.1 RAP Monitoring Plan
The RAPmonitoring plan and framework involves:
i. Internal monitoring by KISIP PCT.
ii. External monitoring commissioned to specialized firms
iii. RAP Completion Audit
The following RAP monitoring plan will be adopted:
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Table 11-1: RAP Monitoring Plan
Component Activity Type of Information/ Source of Information/ Responsibility for Data Frequency/
Data Collected Data collection Methods Collection, Analysis and Audience of Reporting
Reporting
Internal Monitoring Measurement of RAP monitoring Monthly and quarterly RAP KISIPPCT/RIC Quarterly Report
indicators against the implementation reports
implementation schedule.
External Monitoring Assessment of PAP satisfaction Quarterly or semi-annual KISIP Socialsafeguards and Quarterly Report
compensation of the affected quantitative and qualitative RIC or contracted external
assets and livelihood sources surveys monitoring agency
Regular public meetings and
other consultation with people
affected by the project; review
of grievance mechanism
outputs
Completion Audit Measurement of output External assessment of RAP Contracted external On completion of the RAP
indicators such as productivity implementation, independent auditing and evaluation time table
gains, livelihood restoration, and surveys and consultation with agency
developmental impact against affected persons
baseline
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11.2.2 RAP Monitoring Framework
RAPmonitoring framework provides for the below listed provisions;
i. Payment of compensation including its levels and timing
ii. Adequacy of training and other developmental inputs
iii. Assistance Level and status of vulnerable Persons
iv. Livelihood reestablishment, compensation and its adequacy
v. Random samples of affected people will be interviewed in open-ended discussions to assess
their knowledge and concerns regarding the resettlement process, their entitlements and
rehabilitation measures.
vi. Public Consultations with affected people at the community level will be observed.
vii. The resettlement operation at all levels will be observed to assess its effectiveness and
compliance with the RAP.
viii. The type of grievance issues and the functioning of Grievance Redress Mechanisms will be
checked by reviewing the processing of appeals at all levels and interviewing aggrieved
PAP’s.
ix. The standards of living of the PAP’s before and after implementation of resettlement will be
surveyed to assess whether the standards of living of the PAP’s have improved or been
maintained.
x. Project management will be advised regarding necessary improvements in the
implementation of the RAP, if any.
The Table 12-2below shows internal monitoring indicators that will be checked during internal
performance monitoring by KISIP:
Table 11-2: Internal Monitoring Indicators
Activity/Parameters Indicators
Compensation and Livelihood Number of PAPs promptly paid disaggregated by gender
restoration Number and amounts of payments made to PAPs
Number of PAPs with restored assets disaggregated by type
of structure
Number of PAPS with restored livelihood enterprises
Number of restored structures disaggregated by type,
building/construction material, asset use/purpose and
standard
Average income level by source
Employment status of household head
Use of compensation cash
Number of people/groups with improved livelihoods
Development of settlement triggered by land tenure process
Changes in land values and plot ownership
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Activity/Parameters Indicators
Access to services Number of PAPs with access to water services disaggregated
by type of water source
Number of PAPs with access to sanitation services
disaggregated by type of water source
Number, type of educational establishments and proximity
to PAPs
Number, type of health facilities establishments and
proximity to PAPs
Length of roads that are newly constructed or expanded
Vulnerability Status of “vulnerable” homesteads
Structures constructed to PAPs through Additional
Assistance
Community participation and Number of local consultative meetings held
public engagement Type of issues raised at public consultation meetings
Number of participants attending public consultation
meetings related to displacement disaggregated by gender
Training and Capacity Building Number of trainings held disaggregated by target
group/institutions and issues
Number and type of participants disaggregated by gender
Themes discussed in various trainings
Perception of PAPs on usefulness and timing of these issues
discussed
Gender Concerns Number of women with land titles disaggregated by type
(e.g. sole owners, joint owners)
Participation of women and men in trainings
Number of Joint accounts opened for facilitation funds
Grievance management Number of grievances received
Number of grievances resolved promptly (within the
duration allowed in the grievance redress mechanism)
Number of outstanding grievances not resolved
Average timelines for resolution of grievances disaggregated
by the various levels of grievance redress
mechanism/institutions
Number of grievances referred to Level 3 (Courts of Law)
Number of complaints referred to World Bank
Awareness and Access to Type of information disclosed to PAPs during each meeting
Information Accessibility of the RAP document at the local level
Accessibility of the RAP document on the Ministry’s website
and the Bank’s Info shop
Awareness on RAP/Entitlement information
Number of people seeking information on displacement and
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Activity/Parameters Indicators
compensation
Process Management Formation of proposed institutions or better alternatives
Census and asset verification/quantification procedures in
place
Effectiveness of compensation delivery system by KISIP
Efficiency of compensation delivery system by KISIP
Co-ordination between KISIP national, KISIP County, County
Government and the community
Availability of adequate funds for the process
The indicators presented above will be revised and appropriate Terms of Reference (ToR)
established for the external monitoring party. Evaluation will be done against the existing baseline
information identified in the RAP and indicators identified in table above.
Therefore, monitoring (and evaluation) will be undertaken regularly during implementation and post
implementation for the purposes of compiling the Project Completion Report. The report will include
an evaluation that ascertains whether resettlement compensation goals and objectives were
realized.
11.3 Resettlement Completion Audit
The purpose of the completion audit will be to verify and ascertain that the resettlement process at
the end of RAP implementation has complied with resettlement commitments as defined by the
RAP. This audit will be done at end of RAP implementation by either internally by KISIP PCT or by an
external audit firm to be hired by KISIP. Reference documents for the completion audit will be
thisRAP Report and the legal framework laid therein.
The Completion Audit will have following specific objectives:
i. Assessment of compliance of implementation with laws, regulations and safeguard policies;
ii. Assessment of the fairness, adequacy and promptness of the compensation and
resettlement procedures as implemented;
iii. Evaluation of the impact of the compensation and resettlement program on livelihood
restoration, measured through incomes and standards of living, with an emphasis on the “no
worse-off if not better-off” requirement; and
iv. Identification of potential corrective actions necessary to mitigate the negative impacts of
the program, if any, and to enhance its positive impacts.
The Completion Audit will be based on documents and materials generated by internal and external
monitoring. In addition, auditors will make their own assessments, surveys and interviews in the
field and with the PAPs.
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CHAPTER 12: CONCLUSION AND COMMITMENTS
12.1 Conclusion
The subject of this RAP Report is for mitigating impacts from the planning and surveying of Kisumu
Ndogoinformal settlement that will result to tenure regularization and issuance of Title Deeds to
171 beneficiaries. This RAP is prepared in line with applicable legal and policy provisions of Kenyan
Government and the provisions of the World Bank's Safeguard Policy on Involuntary Resettlement
(OP 4.12). The report provided an asset register of PAPs and the proposed compensation packages
to the PAPs.
The objective of this RAP was to identify and quantify all losses impacted on assets and sources of
livelihood of PAPs as a result of the implementation of the approved LPDP. This RAP identified a
total of379 PAPs in the settlement who were affected by Planning and Survey Activities as detailed in
chapter 6 of this report. The RAP also provides adequate mitigation measures in conformity with the
World Bank OP 4.12, the Government of Kenya Policies and laws and KISIP RPF.
Therefore, this objective was achieved by ensuring that all affected persons have been provided
with adequate compensation for their losses. Also, vulnerable PAPs receive additional assistance,
women land rights are safeguarded, implementation committees are constituted and made aware
of their roles, an implementation budget and schedule is provided and a monitoring and evaluation
framework is in place. This paves way for issuance of title deeds to beneficiaries ultimately
achieving Component 2 Objectives.
12.1 Commitments
Therefore, in order to ensure smooth conclusion of tenure regularization process in the settlement,
the below listed commitments will be undertaken by KISIP.
i. KISIP willcollaborate with the Registrar of Titles to organize and carry out Sensitization exercises
aimed at enhancing women land rights and against any form of Gender Based Violence (GBV) in
use of funds triggered by compensation as documented in this RAP.
ii. KISIP will facilitate all the Project Affected Persons according to provisions of this ARAP
including the budget for compensation and timelines as per the implementation schedule.
iii. KISIP will ensure Grievances raised are addressed and resolved on a timely manner during
implementation of the ARAP as provided by the GRM.
iv. KISIP will promptly facilitate all the vulnerable persons enumerated in this RAP in accordance
with the provisions of the entitlement matrix in thisARAP.
v. Through the National Land Commission, KISIP will undertake issuance of title deeds within three
months after approval of the ARAP through the Ministry of Transport Infrastructure Housing and
Urban Development (MoTIH&UD), and NLC to beneficiaries and PAPs concurrentlywith
compensation payment.
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vi. KISIP will issue a minimum of three months self-demolition period to the PAPs to enable them
salvage their assets. This notice will be communicated during a community Meeting organized in
the settlement
vii. To undertake monitoring and evaluation to ensure compliance to national laws and regulations
and safeguard policy.
viii. KISIP will work with the County Government of Mombasa in ensuring the RAP is successfully
implemented. The County Government will be part of the RIC and GRM committees. The County
Government will also enforce development controls, clearance of structures on road reserves
after the expiry of self-demolition period.
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ANNEXES
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ANNEX1: HIGH RESOLUTION IMAGE OF KISUMU NDOGO
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ANNEX 2: LPDP OF KISUMU NDOGO SETTLEMENT
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ANNEX 3: ASSET INSPECTION SHEET
Household No / unique Identifier ………………………
General details of Affected Asset or Livelihood
Village / Cluster Location Sub County County
Plot Number PAP category11 Ownership / Rented GPS coordinates /
Photo Number
Demographic Data of PAP
Name of the owner (HH) ID Telephone Gender Age
Spouse Details ID Telephone Gender Age
Family Size
Household size
Education Level
Livelihood
Vulnerability (Marginalized and Vulnerable Groups (VMG))
No Vulnerable Parameter Answer
Is the HH headed by child under 18yrs
Is the HH headed by a disabled Person
Is the HH headed a chronic ill person
Is the HH headed by elderly over 65yrs
Is the HH enrolled to government social program that supports the aged
Did VMG?
and the HH business / loss of income collapse in the recent month
HH lost livestock due to disease or drought
Yes (1) or No (2)
Land Affected (Yes/no)……………………..Size (acre/square meters)…………………………….
Structure ……………(partial / total impact) tick appropriately
TYPE OF STRUCTURE NATURE OF MATERIAL Size in GPS PHOTO
affected Wall Roof Floor sqft cordinates NUMBER.
A1.Main house
A2.Kitchen
A3.Store
A4.Fixed Business shed
A5.Mobile business shed
A6.Goat shed
11
Structure owner could be PAPs or Institutions owning land, structures, livelihood or community assets
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A7. Poultry house
A8. Latrine
A9. Bathroom
A10. House 1
A11. Community water
point
A12. Community mosque
A13. Others indicate
Codification of Asset structure below
A2 A3 A4 A5 A6
Relationship to Type of wall Type of roof Floor Size in
Household head meters
1.Head 1.Stone not 1.Iron Sheets 1.Plain Length
2. Spouse plastered. 2. Grass concrete Width
3.Son/Daughter 2.stone and plastered thatched. 2.Tiled Radius
4.Brother/Sister 3.Bricksand plastered 3.Plastic paper 3.Mud
5. Parent. 4.Bricks not plastered 4.Other 4.Other
6. other indicate 5. Iron sheets.
6.Wooden
7. Mud
8.Mud +plastered
9. Other
LOSS OF LIVELIHOOD
Average
Type of
S/ NO Daily Affected Owner of the business
Business
Income
Ksh. Name (ID and address if
Total /
. Type not member of the
Partial
household)
Codification Business type
1- grocery / shop 2- Beauty shop/ salon / barber 3- retail shop kiosk 4-
cereals kiosk ….. 5- cloth stall 6- food kiosk / hotel 7- mpesa shed 8
shoe vendors stand 9- local chemist 10- hardware shop 11- domestic
bakery ……..12- Movie shop …….. 13- Other (s) (please specify)
........................................................
Type of ownership:
1- Head of household 2- Spouse 3- Other member of the household
4- Tenant 5- Other (please specify)
CROPS GROWN
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TYPE OF CROP AREA IN SQUARE FEET Name (ID and address if not
member of the household)
See codes below
1-Tea 2-Coffee 3-Maize 4 Sweet potato 5- Sugarcane 6- Beans 7- Nippier grass 8- Peas 9-
Cassava 10-arrowroots 11- kales 12- Bananas 13- Irish potatoes 14-Pumkins 15-Passion
fruits 16-Other (s) (please specify)
TREES GROWN
TYPE OF AGE OF TREES Name (ID and address if not
TREE member of the household)
YOUNG MEDIUM MATURE
See codes below
Mango 2 Orange 3 Guava 4 Avocado 5 Eucalyptus 6 Cypruss 7 Bamboo 8 Pawpaw 9Pine 10
Gravellia11 Other(s) (please specify)
Tenants
List the Names and Telephone Numbers of Residents Tenants in the Structure
TENANT’S / EMPLOYEE INFORMATION USING STRUCTURE OR BUSINESS
Name of Tenant Gender Rent Amount Telephone ID Number
(Kshs)
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ANNEX 4 ASSET REGISTER
(Presented as a separate Excel file)
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ANNEX 5 MINUTES AND LIST OF ATTENDANCE TO CONSULTATIVE
MEETINGS
MINUTES OF PLANNING MEETINGS
Annex 1: VALIDATION AND VISIONING MEETING HELD ON 5TH SEPTEMBER, 2017 AT P.A.G
CHURCH, KISUMU NDOGO WITH COMMUNITY MEMBERS FROM 11:48 AM
Members present (attendance list attached)
- Kisumu Ndogo S.E.C and Grievance Committee
- Kisumu Ndogo structure owners
- Consultant’s team
- KISIP team
- County government team
AGENDA
Introductions and opening remarks
Presentations of the socioeconomic findings
Visioning exercise
Base map validation
Question and answer session
Way forward
MIN 1/4-09-17: INTRODUCTIONS AND OPENING REMARKS
All members in attendance introduced themselves after a word of prayer from one member.
The SEC chairman officially opened the meeting and the heads of each team introduced
their team members.
MIN 2/4-09-17: SOCIOECONOMIC FINDINGS PRESENTATION
The community members followed keenly as the findings of the socioeconomic
enumeration exercise was presented to them. The community expressed their agreement
with the findings and was ready to move on to the visioning exercise.
MIN 3/4-09-2017: VISIONING EXERCISE
Community members were asked to highlight their settlement’s needs, which they would
like addressed after achieving security of tenure. Responses received are as follows:
• 1st person: Roads
• 2nd person: Streetlights to enhance security
• 3rd person: Supported upgrading priorities as were presented
Following this open session exercise, community members were asked to divide themselves
in groups and come up with vision statements. Three groups were formed, and their vision
statements were as follows:
GROUP 1: ELDER MEN
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Improved social amenities and infrastructure through provision of:
Street lighting
Roads
Drainage
Improved health facilities
Clean water
GROUP 2: WOMEN
Provision of:
Roads
Clean water
Hospital
Waste management
Social hall
Education fund for all children
Projects involving all spectrums of the demography
GROUP 3: YOUTH
Employment creation through provision of the following:
Manned dumping site
Settlement security detail
Youth SACCO
MIN 4/4-9-2017: BASE MAP VALIDATION
A member of the mapping team took the community through the base mapping exercise.
The base map showed the settlement’s borders, and other infrastructure available such as
roads, power lines and the water reticulation system.
After observing the base map, a number of comments and questions arose:
COMMENTS AND CORRECTIONS
The locations of MnaziMoja and ShauriYako should be switched on the base map
MIN 5/4-09-2017: QUESTION AND ANSWER SESSION
As with all community meetings, members were given the opportunity to ask questions and
raise their concerns. These are summarized below:
QUESTION RESPONSE
What happens to structures divided by the Some of these structures belong to private
boundary? land owners in the neighboring areas of the
settlement, and vice versa, thus
encroachment has gone both ways.
Structure owners on the borders will have
no choice but make adjustments
Can high rise building projects be erected Since this is a different project from the
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in Kisumu Ndogo as was done in Kibera? Kibera one, the objectives do not
accommodate for buildings, only
infrastructure provision
How does one sell their section of the The seller will require the signatures of his
property in a joint/ block titling co-owners but the buyer is an independent
ownership? party.
Is there compensation for structure This question will be answered during the
owners whose structures are affected? RAP process
One of the community members suggested the vision to be:
“Kisumu Ndogoiliyoendeleanakilamtuanapataumilikaji”
This was supported by all members.
MIN 6/4-9-2017: WAY FORWARD AND CLOSING REMARKS
A member suggested that slight adjustments can be made to provide for roads expansion in
the settlement. It was also pointed out that some structure owners have knowingly
encroached on road reserves.
As for the recreational space which members suggested needs to be provided for, the KISIP
team suggested that arrangements can be made with the neighbouringMaweni Secondary
school (which is considered as a possible stakeholder in this project) to make improvements
on its playground and make it accessible for the Kisumu Ndogo Community.
The County team warned against the erection of any more new structures in the settlement
until further notice. The SEC chairperson assured that he will see to it that no new
construction works are began from now henceforth within the settlement.
The area chief, Madam Yasmin made a few closing remarks and urged parents to
interrogate the behaviours of their youth so as to curb crime within the settlement.
A base map was left with the SEC chairperson, and the homework left for the community
was that they should have a look at it and agree on where they would like to have their
proposals placed. The next meeting to review their plan will be communicated in due time.
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ATTENDANCE LIST
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Annex 2: PARTICIPATORY PLANNING MEETING HELD ON 11TH OCTOBER, 2017 AT P.A.G
NYALI CHURCH, KISUMU NDOGO (MOMBASA COUNTY) WITH COMMUNITY MEMBERS
FROM 10:00 AM
Members present (attendance list attached)
Kisumu Ndogo Community members
Kisumu Ndogo SEC and Grievance Committee
Mombasa County government representatives
National government representative
KISIP team
Consultant’s team
AGENDA
Introduction and opening remarks
Review of community plan
Participatory planning exercise
Question and answer session
Further clarifications
Way forward
Closing remarks
MIN 1/11-10-17: INTRODUCTION AND OPENING REMARKS
The meeting began with a word of prayer from one member, followed shortly by
introductions of the SEC and other members. The KISIP team from the national and county
levels introduced themselves and gave a brief on KISIP, its objectives and the location of
KISIP offices at the county level.
MIN 2/11-10-17: REVIEW OF COMMUNITY PLAN
The community informed the consultant that they had already done a plan because they
knew where previous roads existed before encroachment. They also shared minutes of their
deliberations from two meetings that were held with the consultant. In their meetings, they
agreed that all houses should be standardized and everyone should get an individual title,
while those with one or two rooms getting a joint title.
The SEC chairperson presented the community plan and its proposals. The major roads
proposed were those leading to the main facilities (such as a church, clinic e.t.c). They
however noted that it was very difficult to get wide roads above 6 meters.
MIN 3/ 11-10-17: PARTICIPATORY PLANNING EXERCISE
The Community was then divided into four groups, according to the area in which they live/
own structures. They drew their proposed access roads and presented their proposed plans.
The main concern cited was that they needed a clarification of what “access roads” meant.
They were informed that all roads should allow for passage of a fire truck
MIN 4/11-10-17: QUESTION AND ANSWER SESSION
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A few questions were raised after the participatory planning exercise:
QUESTION/ CONCERN RESPONSE
A member complained that his structure This issue will be addressed during the
was within the boundary, yet the number verification of lists of beneficiaries/ structure
was given to his neighbor who is out of the owners. It was also confirmed that structure
project area K2KN/B/S046 is within the boundary
How soon will the verification of list of In two weeks’ time tentatively. All structure
structure owners be done? owners were encouraged to be part of this
Will there be any compensation for those The community was informed that the
whose structures will be affected by road planning exercise aimed at creating order
expansion? and a livable environment
What happens if two brothers are both The S.E.C and Grievance Committees are
claiming ownership of a family structure? best placed to deal with such disagreements
Can roads be diverted where there is less The main reason the community was left to
densification? draw their own plan is because they know
what is best for them
Can road width standards be reduced from It was clarified that access was for
6 meters to 4 meters? In Ziwa la Ng’ombe pedestrians, motorbikes, tuktuks, cars and
scheme, community noted that roads there emergency vehicles. They were also
are only footpaths for motorbikes and informed that every plot which can be issued
pedestrians. with a leasehold title must have access
MIN 5/11-10-17: FURTHER CLARIFICATIONS
The community was informed that a plot cannot go below a certain size, so if structures are
below a certain size in the area, some owners must come together to jointly be issued with
a title. The KISIP national team assured the community that during the next visit, the
consultant would present various planning options to the community from which a
consensus should be reached.
The community was encouraged to embrace the planning process as it will improve their
lives and increases the value and image of Kisumu Ndogo.
MIN 6/11-10-17: WAY FORWARD
An aerial and base map were left with the SEC chairperson, and the assignment left for the
community was that they should have a look at it and agree on where they would like to
have their proposed utilities placed, as well as access roads. It was agreed that their plan will
be ready by Friday.
MIN 06/11-10-17: CLOSING REMARKS
Closing remarks were made and the meeting ended at 2:00pm.
ATTENDANCE LIST
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12-37
12-38
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Annex 3: MINUTES OF THE TECHNICAL WORKSHOP BETWEEN PHYSICAL PLANNING
DEPARTMENT, KISIP, MOMBASA COUNTY AND TWO EMS ASSOCIATES (CONSULTANT)
HELD ON 11TH NOVEMBER, 2017 FROM 0845HRS AT ENGLISH-POINT MARINA, MOMBASA.
Present:
S/NO. Name Department Designation Mobile
1. Augustine Physical planning - Director, Physical 0722691843
Masinde National Planning
2. PerisMang’ira KISIP National SDPP / KISIP 0723392807
National
Coordinator
3. Ann Mugo Physical planning – SAD Planning/ 0720561665
National / KISIP component 2 head
4. George Arwa KISIP National SAD Survey / 0722712891
Deputy component
2 head
5. Jabu Salim County Government of Chief Officer – Land 0710300879
Mombasa & Physical Planning
6. Celestine Wanjala KISIP National Cartographer / GIS 0722677903
7. Salim Khalif County Government of Ag. Director 0722129779
Mombasa Planning
8. Betty Ojiambo County Government of Cartographer 0722783978
Mombasa
9. John Kinuthia County Government of Architect 0727116659
Mombasa
10. Anthony Ng’ang’a County Government of Ag. CDH 0722223520
Mombasa
11. HesbonSiko County Government of Planner 0723834683
Mombasa
12. NasonKimuyu County Government of Land Surveyor 0722699987
Mombasa
13. Gilbert Nderitu County Government of Land Surveyor 0722796838
Mombasa
14. Godwin Sakwa Two Ems Associates Environmentalist 0721686959
Ltd.
15. George Ogutu Two Ems Associates GIS Analyst 0721842760
Ltd.
16. Peter Juma Two Ems Associates Urban Planner 0723092961
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Ltd.
17. Hellen Two Ems Associates Reg. Physical 0723788688
NjokiWanjohi Ltd. Planner
18. Michael Gachoki Two Ems Associates Principal 0722715972
Ltd. Consultant
19. Charles Adeya County Government of Building Inspector 0722901518
Mombasa
20. Patrick Lugongo County Government of Building Inspector 0724926424
Mombasa
Agenda
1. Introduction
2. Opening Remarks
3. Presentation by Two Ems and plenary
4. Field visit
5. Closing remarks and way forward
6. Any Other Business
MINUTES NO. DISCUSSIONS ACTOR(S)
Min. 1/11/2017 INTRODUCTION
The meeting started at 0845hrs with a word of prayer All
followed by self-introductions.
Min. 2/11/2017 OPENING REMARKS
Mombasa County Chief Officer (in charge of Land and
Physical Planning)
The Chief officer appreciated all for their time to attend Chief Officer
the meeting. He appreciated KISIP for the many projects
initiated within the County. However, he mentioned
that the previous planning and survey assignment
stalled due to what in his opinion was the
ineffectiveness of the Consultant.
He appealed for the project revival in response to the
community deferred expectations and advised that
there is need to select competent consultants to avoid
the past experiences. He added that Mombasa County
fully supports the project to improve the well-being of
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MINUTES NO. DISCUSSIONS ACTOR(S)
vulnerable communities within the County. He
acknowledged that there were challenges in planning
and surveying of the informal settlements that requires
innovative approaches.
He further acknowledged the National Director of KISIP
Physical Planning presence informs on application of Coordinator
adoptive approaches required to unlock some of the
planning technical challenges.
KISIP National Coordinator
The National Coordinator noted that KISIP had several
projects within Mombasa County and that KISIP was
proud that the infrastructural projects were successfully
completed on time. The Coordinator acknowledged that
the previous planning and survey Consultant failed to
deliver. Her assurance that KISIP was in discussions with
the World Bank to establish how the assignment can be
completed in close liaison with Mombasa County.
The Coordinator clarified that the requirement for zero Dir. Physical
PAPs was to avoid expensive cost of compensation Planning
hence the need on the part of the government to
manage the RAPs emanating from the project.
Additionally, the Coordinator mentioned that the World
Bank on the other hand was concerned with the massive
displacement of people which to them causes more
harm than good. It was however noted that the World
Bank is open to other options like community initiatives
that team requires exploring.
National Director Physical Planning
The National Director of Planning appreciated the work
done by the team and urged the team to explore
innovative solutions to the issues and promised support
and blessing. The Director noted that the slum
upgrading concept was revised to informal settlement
improvement through provision of tenure security, basic
physical and social infrastructure. The idea was to make
people’s lives better with the challenges within. He
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MINUTES NO. DISCUSSIONS ACTOR(S)
noted that just like the donors, as the Department of
Physical Planning was cautious with the numbers of
people affected by the project, but appreciated the fact
that improvement of livelihoods comes with a little cost
and collateral damage through innovative and
appropriate standards.
He cited examples of settlements where intervention
had been done to enable communities benefit as well as
provision of basic infrastructure for instance Ziwa la
Ng’ombe and JomvuKuu settlements which have been
implemented through the same process. He
recommended the adoptive planning approaches for
settlements improvement.The Director mentioned that
minimal destruction was inevitable when undertaking
the plan, citing the Waitiki settlement is one of the
settlement where planning was not very successfully
undertaken after land tenure was secured. For this
reason, it was noted that hard and innovative decisions
had to be made for planning to be effective.
To deal with these scenarios, the Director proposed that
the need to identify the planning needs and minimize
displacement. He said that in his opinion, displacement
occurs when families are totally uplifted from their
claimed homes to different locations. He cited other
jurisdictions with success stories like Japan where the
give and take principle had been applied to have
communities benefit as well as the general public. He
added that the team should be steadfast in adoptive and
innovative approaches retaliating that there is there is
no improvement without pain.
The hard question however, would be how the
communities are involved and are prepared to deal with
the compromise. He talked about the conventional
standards, physical planning standards and how
adoptive standards could be applied depending on the
character of different slums through the application of
the County spatial planning guidelines.
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MINUTES NO. DISCUSSIONS ACTOR(S)
The director noted that it would be important going
forward for relevant departments to discuss the RAP
issues with consultants before finalization of their
projects specifically RAPs. Additionally, he emphasized
that the Kenyan government needed to be fully involved
and that the government policies on compensation in
form of the Land Index Bill be interrogated to guide the
process.
Min. 3/11/2017 PRESENTATION BY CONSULTANT
Session 1: Misufini and Kwa Hakasa
The plans presented for these two settlements adopted
a hierarchy of 9m, 6m and 4.5m access roads as well as Two Ems/ All
3m footpaths to serve the settlement. The road sizes
were informed by the densities and the idea of
minimum displacement.
It was noted that the Consultant consulted the
community through a participatory planning exercises
on possible roads of access and public amenities.
It was noted that Misufini settlement has a section
sandwiched between the road and the railway reserve
(Thome) and that it was a challenge deciding how to Two Ems
handle the people living in this area taking into account
the zero-PAPs requirement.
Comments:- Two Ems
Consultant should carry out a land sustainability
analysis to arrive at areas suitable for settlement
because some sections of the settlements are
prone to land slides and flooding.
Consultant should consider providing access to
courts instead of serving each plot with a road to
minimize on land usage for roads. The adoptive
planning scenario is acceptable as the 6m roads
are acceptable while the 4.5m footpaths are Two Ems /
tolerable and make sense for internal circulation. KISIP
However, where people may desire to put up
high-rise buildings then gradual expansion should
be made a condition. Reference should be made
to Mkomani settlement on how the use of none Mombasa
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MINUTES NO. DISCUSSIONS ACTOR(S)
motorable transport can be encouraged thus County
allowing for 4 metre footpaths to keep out
vehicles.
Options of going the community title way should Two Ems
be explored now that the legal instruments are in
place.
The Consultant should show how to improve the
economic well-being of the settlement and
indicate what is currently being promoted for
economic development. Two Ems
It was agreed unanimously that the area of
Thome should be left out as it lies within a
transportation reserve and thus it would be
illegal to consider such a section for titling. . The Two Ems
Consultant was directed to only work on the
larger boundary of Misufini settlement to avoid
stalling the project, while the County should Two Ems
actively work on finding a solution for Thome,
but outside the scope of this consultancy.
The principles of livability:- sustainability, safety Two Ems
challenges, economy and drainage should come
out clearly. The analysis of the likelihood impacts
of the proposed roads should be identified and
accommodated in the plan. The consultant
should advice the County on the likely threats Two Ems
when the plan is implemented or not
implemented.
Consultant should show clearly how the socio- All
economic analysis and the population projections
generated during socio-economic surveys
informed the plan. It was noted that while the
communities may have articulated their issues
and options but it is the responsibility of the
Consultant to weigh it against his technical
opinion.
The Consultant should provide an indication of
the likely impact of proposals by enumerating
the people affected and the extent to which they Two Ems
will be affected.
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MINUTES NO. DISCUSSIONS ACTOR(S)
The plan scenarios should propose areas for high, Two Ems
medium and low densities. Economy wise, the
plan should show how to improve community
livelihoods and apply appropriate zoning
regulations. Two Ems
The plan is supposed to respond to the
aspirations of the community issues as per the
visioning. Development control should take
center stage in realizing these aspirations. The
County government has the county’s vision 2030; Two Ems
the plan should be geared towards achieving the
County’s vision.
Implementation scheduling: - consultant to give
his proposals.
Session 2: Kisumu Ndogo, Mwatate and Kindunguni Two Ems /
These three settlements pose unique challenges in County
terms of access roads and environmentally sensitive
sections.
Mwatate settlement:-This is fairly a small settlement
with very high population densities. The settlement has
high-rise buildings and a section of it on environmentally
sensitive area. The plan has 3 options depending on
proposed roads of access; the 3 scenarios were
presented to the team for comments.
Comments;-
When giving the population, give the total
numbers of people within the settlement and the
number of households.
Differentiate between structure owners and
tenants. In terms of tenure structure owners and
those claiming ownership to undeveloped spaces
should be considered.
Give indication of current land tenure status, as All
either public or private land. This information
should be clearly documented and has to be
considered during facilitation.
Consultant was asked to consider a fourth option
which would be a blend of the three scenarios
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MINUTES NO. DISCUSSIONS ACTOR(S)
but have the roads end with cul-de-sacs and Two Ems
provide for 3m links between the roads.
Indicate merits and demerits of each scenario.
Show clearly how many structures will be
affected by the proposed roads.
It was agreed unanimously that the
environmentally sensitive section (Vietnam)
should not be subdivided for human settlement.
The section should be set aside/zoned as a block Two Ems /
and given an LR number. A list of the names of all KISIP
the residents of Vietnam should be made and
then forwarded to the County Government of
Mombasa.
This section should be left to the county Two Ems /
government to handle, however, since World KISIP
Bank safeguard requires that all beneficiaries are
given solution within the project period, the
county should clearly commit in writing that they Mombasa
will settle the affected families by an alternative County govt.
housing project. As the County works towards
getting an alternative for these families, they will
formulate a message to communicate to the All
affected persons to allow the consultant move
on smoothly with the assignment without others
feeling left out. This was agreed upon by the
County team.
Kisumu Ndogo:-This settlement is densely populated
without sufficient access, it is landlocked without a clear
linkage to the neighborhood. Structures though semi-
permanent are Swahili type housing several families in
one. Consultant presented different plan options all of
which would cause disruption to structures. Two Ems
Comments;-
Community titling would be ideal for this
particular settlement but it was noted that since County / Two
the community was not receptive to it, the block Ems
titling option should be explored with adoptive
planning standards. Consultant was urged to
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MINUTES NO. DISCUSSIONS ACTOR(S)
engage the community by continuous
sensitization and negotiations to reach an agreed
option. During community engagements with
community, consultant can sell the private public
participation concept.
Consultant reported that this community had Two Ems
agreed to have their structures re-aligned so they
can have adequate access within the settlement.
This had been minuted by the community and
signed by the SEC, allowing the consultant to
plan with 6m and 3m footpaths.
The team felt like the idea was good, but noted
that to avoid future grievances, the consultant
should have concrete evidence of this
commitment by having signed minutes and even Two Ems
videotaping the discussions during community
meetings.
The county government was tasked to address
the issue of accessibility for Kisumu Ndogo. This Two Ems
was agreed by the County team.
Kindunguni:-The settlement is on 24Ha public land with
688 structures. There is no adequate access and the
community is not willing to re-adjust without
compensation. The settlement is along the 60m A class
road which has been encroached to 12m. The concern is
how to deal with the individuals along the road reserve.
Consultant has 2 plan options; option 1 proposes 3m
footpaths with common parking lots as option 2
proposes 6m roads and 4.5 & 3m footpaths.
Comments;-
The secondary school boundary has since been
revised, and the Consultant should check and re-
adjust the plan.
The 60m road reserve was discussed by members
who felt that the corridor should be reserved.
However, the existing survey plans show some
subdivisions along this corridor, thus this issue
will be discussed further. The County team was
tasked to bring on board more stakeholders like
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KeNHA, the Ministry of Roads and Infrastructure
and other relevant institutions to identify proper
road width and agree on the compensation
mode for the affected persons.
The second scenario of the plan is ideal though
the proposed 6m road connecting to Mtongwe
road is not sufficient. The 6m and 4.5-3m
footpaths for internal circulation are acceptable
as long as we avoid collateral damage on
structures. The Consultant should provide fire
points within the settlement. Basic planning
standards on housing should be followed during
development approval.
Consultant should carry out analysis of existing
social amenities against the proposed and the
expected amenities. All the existing facilities
should be shown on a map. As much as possible
the plan should be independent, not depending
on the neighbourhood for every public amenity.
However, where amenities are accessed in areas
adjacent to the settlement, these should be
indicated on a map as well.
The Consultant was asked to show in the plan
how social infrastructure (solid waste
management, cemetery etc.) has been provided
for.
Min. 4/11/2017 FIELD VISIT
Members visited Kisumu Ndogo informal settlement to All
familiarize themselves with the planning challenges to
be able to advice the Consultant on the applicable
planning standards. Members appreciated the
challenges in terms of accessibility, while the county
identified some three possible accesses to link the County
settlement to the neighbourhood although these will be
explored further to identify the most ideal.
Min. 5/11/2017 CLOSING REMARKS AND WAY FORWARD
Members
The Consultant should accommodate all the Two Ems
planning parameters and enrich all comments
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MINUTES NO. DISCUSSIONS ACTOR(S)
given by the team. Additionally, the Consultant
should rework the options and use them to
engage with both the community and the county
government to reach an amicable solution. Two Ems /
The Consultant should work closely with the KISIP
community by sensitizing them continually, and
organise for as many stakeholder meetings to
have community buy the idea. In future
engagements, the Consultant was advised to Mombasa
avoid mentioning the tribes of the people living County
in the settlement.
The County team was tasked with the three
issues;- the Mwatate – Vietnam issue, the
Misufini – Thome issue and the Kindunguni –
60m road reserve issue.
The National Director Physical Planning promised
his full support to the project, and urged the
consultant to address the comments and seek for
additional technical advice before sharing the
plans with the community.
There being no other business the meeting ended at 17:30pm.
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ATTENDANCE LIST
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3: KISUMU NDOGO LPDP FORUM HELD ON 9TH JANUARY, 2018 AT P.A.G CHURCH WITH
COMMUNITY MEMBERS FROM 3:05 PM
Members present (attendance list attached)
Kisumu Ndogo Community members
Kisumu Ndogo SEC and Grievance Committee
County government representatives
National KISIP team
Consultant’s team
AGENDA
Introduction and opening remarks
Recap on what was agreed during the participatory planning forum
LPDP Presentation
Question and answer session
Community’s agreement
RAP Cut-off Date Declaration
List of beneficiaries
Closing remarks
MIN 1/09-01-18: INTRODUCTIONS AND OPENING REMARKS
The meeting began with word of prayer from one community member. The SEC Chairperson
gave the opening remarks. Each team introduced themselves to the community.
MIN 2/ 09-01-18: RECAP ON WHAT WAS AGREED DURING PREVIOUS FORUMS
Members of the community were given the opportunity to jog their memories on what was
agreed during previous forum and mentioned the following:
That 6 meter roads be recommended
Structures encroaching on road reserves will have to give way
Those with very small land adjacent to each other allocations will have to get joint
title deeds
Their common vision
MIN 3/ 09-01-18: LPDP PRESENTATION
A member from the consultant’s team gave a recap of the initial steps taken before arriving
at the plan and the various planning issues faced. He then took the community through the
plan showing them all their proposed public amenities, roads, local demarcations and areas
of conservation. The community was able to appreciate it, and from the session, a few
questions arose.
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MIN 4/ 09-01-18: QUESTION AND ANSWER SESSION
QUESTION/ CONCERN RESPONSE
A community member was concerned that The KISIP project’s aim is not to leave any
the plan may affect some structures in community member in a situation more
order to accommodate the road, thus desperate than they were in before the
people’s livelihoods may be interfered with. project.
The road passing through MzeeWasike’s be The plan can only be limited to the area
extended and be joined with the adjacent within the settlement’s boundary. The SEC
road (outside the settlement) and create a Chair however shared that the owner of the
loop back to the settlement? said private land where the road can pass
through is not resistant to the idea and is
willing to sign an agreement with the
community giving her consent. The County
government will be involved when this
happens.
A member pointed out that the locations of The consultant acknowledged this and will
MnaziMoja and ShauriYako need to be act on the same.
corrected on the map.
MIN 05/09-01-18: COMMUNITY’S AGREEMENT
The SEC Chair shared that community members had met earlier and agreed to have to make
sacrifices in order for the roads to be accommodated. All 105 structure owners in
attendance were in agreement with this and evidence was provided in form of signed
minutes. The community also expressed that they have been very cooperative throughout
the project and would like the titling process hastened.
A member from the KISIP team assured the community that they acknowledge their
willingness and readiness. He also informed the community that certain procedures and
protocols need to be observed during the project. A Resettlement Action Plan will have to
be done before any survey works begin.
MIN 06/09-01-18: CUTOFF DATE DECLARATION
The gathering was informed that a census survey of all affected assets and livelihoods
sources will be enumerated within the settlement. However, it is important to ensure that
residents of the settlement are safeguarded against speculators who may want to take
advantage of the project by constructing structures with the intention of benefiting from
compensation funds. Therefore as provided by OP 4.12 and KISIP RPF, a “cut-off date” of 3rd
February 2018 was agreed, this date will be the date of start of census activities in the
settlement.
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MIN 07/09-01-18: LIST OF BENEFICIARIES
Community members were asked to verify their names, ID numbers and structure numbers
on the list of beneficiaries left with the SEC chair.
MIN 08/09-01-18: CLOSING REMARKS
A few closing remarks were made by the SEC chairperson and a member from the county
team. A word of prayer from one member was said and there being no other business, the
meeting ended at 5:15PM.
ATTENDANCE LIST
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MINUTES OF PAPs MEETINGS
PUBLIC CONSULTATIVE MEETING FOR PERSON’S AFFECTED BY PROJECT (PAPs) HELD BY
THE CONSULTANT FOR KISIP AT KISUMU NDOGO SETTLEMENT on 14th March 2018 (PAG
Church)MOMBASA COUNTY.
MEMBERS PRESENT
1. Settlement Executive Committee (SEC) Chairman
2. Village elders
3. SEC Members
4. Consultant representative
5. Person’s affected by Project (PAPs)
AGENDA
1. legal and policy provisions with regard to RAP
2. Identified RAP impacts in the settlement after census and applicable entitlement
3. Community preferred mode compensation
4. Gender inclusivity in the RAP process
5. Support to vulnerable groups
6. Plenary discussion
MIN 1/3/2018: Introduction
The SEC Chairman called the meeting to order at 9am and asked one of the PAPs to pray before the
meeting begun. He thanked all the attendees for coming Further he explained the aim of the
meeting was to hear the concerns of PAPs on the project and advice on the same and urged PAPs to
feel free to ask questions as this was mainly their forum.
The consultant representative thanked everyone for attending the forum more so the PAPs He
further added that this was an open forum thus everyone should participate to make it a success. He
urged the community to fully support the project as it would greatly improve the road network in
the settlement once completed.
MIN 2/3/2018: LEGAL AND POLICY PROVISIONS WITH REGARDS TO RAP
The consultant guided PAPS present on legal and policy provision with regards to RAP. The PAPS
were informed that Kenya – Land Act 2012 and World Bank OP 4.12 on Involuntary Resettlement
were the main statutes which protect PAPs against impacts caused to them by development projects
MIN 3/3/2018: IDENTIFIED RAP IMPACTS IN THE SETTLEMENT AFTER CENSUS AND APPLICABLE
ENTITLEMENT
The PAPs were informed that after census the below listed category of impacts were recorded in the
settlement.
(i) PAP’s whose structures used for business or residential purposes will be partially or total
affected.
(ii) PAP’s whose business or sources of livelihood will be affected.
(iii) Tenants who reside in structures that will be totally affected.
Further the PAPs were informed that the PAPs will be entitled to the below.
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(i) Loss of Structures will be replaced at full replacement cost, the owners will also be given
three months’ notice to remove the affected asset and the right to salvage materials.
(ii) Loss of Rental Income: PAPs are entitled to three months’ notice and a two month cash
grant equivalent to average income.
(iii) Loss of Business: Affected businesses will be given two months cash grants equivalent to
average income as a means of facilitation.
(iv) Loss of Shelter: The PAPs residing in main houses will be entitled to two month rent
allowance to look for alternative houses within the settlement. In addition a three months’
notice for vacation will be issued to allow the PAPs adequate time to look for alternative
accommodation
(v) Vulnerability: PAPs will be facilitated with KSHs 2,000 per month for two months over and
above compensation for impacts on their structures, livelihoods and loss of shelter. They will
also receive preferential/ specialized assistance throughout the RAP process and priority in
disbursement of compensation funds
MIN 4/3/2018:COMMUNITY PREFERRED MODE COMPENSATION
The meeting discussed with the PAPs available options for compensation, the PAPS were
informed that the options are:
(i) Cash compensation for lost structures and livelihoods – this option is where the PAPs are
given the compensation money and given freedom to reconstruct their structures away from
the road reserves identified by the LPDP.
(ii) In kind compensation for the lost structures and livelihoods – this option is where KISIP will
reconstruct affected structures and re-establish the affected livelihoods of the PAPS directly
through the SEC and Mombasa County Government.
The PAPs unanimously preferred cash compensation
MIN 4/3/2018: GENDER INCLUSIVITY IN THE RAP PROCESS
The meeting discussed provisions of gender inclusivity as provided by World Bank Operation
Policy (OP 4.20) Gender and Development and OP 4.12 on Involuntary Resettlement and
provisions of the National Gender and Equality Commission Act 2011. The PAPS were
informed that planning and tenure regularization including RAP process has proposed
measures of enhancing women’s legal rights to own and inherit land, which to an extent is
ongoing as women heads are already recognized through the titling process, while joint
spousal registration was discussed with all settlement beneficiaries during the planning
process. PAPs were also advised to consider opening of joint spousal accounts for
disbursement of compensation funds.
MIN 5/3/2018: SUPPORT TO VULNERABLE GROUPS
The PAPS were informed that vulnerable PAPs are a distinct groups of people who might
suffer disproportionately or face the risk of being marginalized as a result of resettlement
and specifically include: (i) female-and child-headed households, (ii) disabled household
heads, (iv) Households headed by elderly persons with no means of support.
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In the settlement only one vulnerable PAP was enumerated, he/she will be entitled to
additional financial support for the first 2 months, specialized assistance during relocation
and priority in disbursement of compensation funds. The elderly will also be enlisted to
government social programme such as the "InuaJamii cash transfer programme for aged
persons.
MIN 5/3/2018: PLENARY DISCUSSION
The below listed issued in table 2 below were discussed with the PAPs at the plenary
session.
Table 2: Plenary Discussion during the Meeting
issues Discussion Way forward
Reconstruction The PAPs requested for compensation The RAP report has provided
of affected an adequate livelihood restoration to all adequate compensation at full
assets affected 151PAPs. replacement cost of all affected
The PAPs emphasized support to the assets to enable PAPs reconstruct
tenure regularization project, however, their structures away from the road
the PAPs were not willing to remove and foot path alignment
affected structures until compensation
is concluded
Compensation They all agreed that some kind of The RAP report has identified all
of PAPs facilitation should be offered by the eligible PAPs who were
Government as they properties will be enumerated prior to Cut off date of
affected. 31st January 2018
Residents suggested certified valuer be
contracted to do the valuation of their
properties.
The Settlement Executive Committee
(SEC) chairman will conduct the
verification of property and land
ownership as he knows all the residents
in settlement.
Time notice They requested for time maybe a few This RAP provide for adequate
before the months to be given before operations on notice to be given to the PAPs At
infrastructure the road begin so that they can decide least 3month prior to any
project how to handle the affected assets on the demolishing after PAPs
commences road corridor. compensation
MIN 4/3/2018: AOB
A village elder urged the community to support the project when it rolls on as this was really long
overdue project. Further the community thanked the consultant for the good work they have been
doing so far by always engaging them in the project matters.
There being no business the forum adjourned at 16:55 Pm with a word of prayer from a PAP.
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Photo plate:
The SEC Chairman addressing the PAPs One of the PAPs asking a question on way
forward
The PAPs keenly following the proceedings of A question being answered to the PAPs
the meeting
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PROJECT AFFECTED PERSONS (PAP) MEETING 2
PUBLIC CONSULTATIVE MEETING FOR PERSON’S AFFECTED BY PROJECT (PAPS) HELD BY
THE CONSULTANT FOR KISIP AT THE PAG CHURCH IN KISUMU NDOGO SETTLEMENT ON
2ND MAY 2018 AT 9:00 AM.
MEMBERS PRESENT
1. Settlement Executive Committee (SEC) Chairman
2. Village elders
3. SEC Members
4. Consultant representative
5. KISIP Mombasa County
6. KISIP PCT representatives
7. Person’s affected by Project (PAPs)
AGENDA
1. Sensitization of PAPs on titling Process
2. Identified RAP impacts and entitlement
3. Community preferred mode compensation
4. Gender inclusivity in the RAP process
5. Support to vulnerable groups
6. Plenary discussion
MIN 1/5/2018: INTRODUCTION
The SEC Chairman called the meeting to order at 9.30am with a prayer from a member, this was
followed by introduction of participants to the meeting and discussion of the agenda of the meeting.
The chairman further retaliated that this meeting was a follow-up of the previous PAP meeting held
with PAPs in the settlement on in March 2018. However, this time round the representation of the
meeting involve an officer from KISIP who will sensitize PAPS on land titling process and rights of
women
MIN 2/5/2018: SENSITIZATION OF PAPS ON LAND TITLING AND RIGHTS OF WOMEN
Mrs Jane Ndiba from Ministry of lands was invited to sensitive community members on titling
process and rights of women. A summary of her presentation is presented table below
Table 1: Sensitization on Land Titling
Type Of Title Details Applicability to KISIP
Registration
Single Ownership Single person In case of death, transfer of the land becomes
completely owns the lengthy and costly.
Land. Discouraged under KISIP if husband and wife are
If Married, Consent of involved. Husband and wife encouraged to go
wife is required before for joint ownership.
any transaction on the Consent has to be reached between husband
land is undertaken and wife on who will be the single owner of the
title.
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Joint Ownership Absolute In case of Death, Land is automatically
Both Husband and Proprietorship. transferred to the spouse.
wife are registered Both Husband and This type of ownership is encouraged under
in the title. wife are absolute KISIP; Sensitization is ongoing
proprietors of land If consent is not reached between husband and
wife on absolute ownership, Tenancy in
common shares joint ownership is to be
explored as the alternative
Tenancy in common Each party decides what to do with his/her
shares shares since they own only a stipulated share of
Husband and wife land.
own the land in The title can only accommodate 5 entries of
shares. names
Common in cases In case of more than 5 owners, additional
where there is more parties to the land are required to nominate one
than one wife and/or to hold their shares in trust of the others
children are involved. This is explored especially if children are
involved
Sectional Title This applies to In case a beneficiary builds an asset and decides
ownership of Assets to share among children/Wives, Each floor is
like high-rise entitled to a sectional title. This sectional title
buildings/apartments can be further subjected to Joint co-ownership
among children
MIN 3/5/2018: IDENTIFIED RAP IMPACTS AND ENTITLEMENT
The consultant representative was invited to give a presentation of the PAPs enumerated in the
settlement, his presentation is summarized below.
(i) PAP’s whose structures used for business or residential purposes will be partially or total
affected.
(ii) PAP’s whose business or sources of livelihood will be affected.
(iii) Tenants who reside in structures that will be totally affected.
Further the PAPs were informed that the PAPs will be entitled to the below.
(i) Loss of Structures will be replaced at full replacement cost, the owners will also be given
three months’ notice to remove the affected asset and the right to salvage materials.
(ii) Loss of Rental Income: PAPs are entitled to three months’ notice and a two month cash
grant equivalent to average income.
(iii) Loss of Business: Affected businesses will be given two months cash grants equivalent to
average income as a means of facilitation.
(iv) Loss of Shelter: The PAPs residing in main houses will be entitled to two month rent
allowance to look for alternative houses within the settlement. In addition a three months’
notice for vacation will be issued to allow the PAPs adequate time to look for alternative
accommodation
(v) Vulnerability: PAPs will be facilitated with KSHs 2,000 per month for two months over and
above compensation for impacts on their structures, livelihoods and loss of shelter. They will
also receive preferential/ specialized assistance throughout the RAP process and priority in
disbursement of compensation funds
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MIN 4/3/2018: COMMUNITY PREFERRED MODE COMPENSATION
The meeting discussed with the PAPs available options for compensation, the PAPS were
informed that the options are:
(i) Cash compensation for lost structures and livelihoods – this option is where the PAPs are
given the compensation money and given freedom to reconstruct their structures away from
the road reserves identified by the LPDP.
(ii) In kind compensation for the lost structures and livelihoods – this option is where KISIP will
reconstruct affected structures and re-establish the affected livelihoods of the PAPS directly
through the SEC and Mombasa County Government.
The PAPs unanimously preferred cash compensation
MIN 4/3/2018: GENDER INCLUSIVITY IN THE RAP PROCESS
The meeting discussed provisions of gender inclusivity as provided by World Bank Operation
Policy (OP 4.20) Gender and Development and OP 4.12 on Involuntary Resettlement and
provisions of the National Gender and Equality Commission Act 2011. The PAPS were
informed that planning and tenure regularization including RAP process has proposed
measures of enhancing women’s legal rights to own and inherit land, which to an extent is
ongoing as women heads are already recognized through the titling process, while joint
spousal registration was discussed with all settlement beneficiaries during the planning
process. PAPs were also advised to consider opening of joint spousal accounts for
disbursement of compensation funds.
MIN 5/3/2018: SUPPORT TO VULNERABLE GROUPS
The PAPS were informed that vulnerable PAPs are a distinct groups of people who might
suffer disproportionately or face the risk of being marginalized as a result of resettlement
and specifically include: (i) female-and child-headed households, (ii) disabled household
heads, (iv) Households headed by elderly persons with no means of support.
In the settlement only one vulnerable PAP was enumerated, he/she will be entitled to
additional financial support for the first 2 months, specialized assistance during relocation
and priority in disbursement of compensation funds. The elderly will also be enlisted to
government social programme such as the "InuaJamii cash transfer programme for aged
persons.
MIN 5/3/2018: PLENARY DISCUSSION
The table 2 below present’s issues that were discussed with the PAPs at the plenary session:
Table 2: Plenary issues discussed
issues Discussion Way Forward
Signing of They were advised that for accountability The forms were to be availed to
involuntary and proper record keeping, a voluntary the PAPs for signing. However
structure self-removal of structures/assets affected PAPS did not sign, they all
removal declaration form would be made available preferred to be compensated.
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issues Discussion Way Forward
consent forms to those willing to remove the structure to
sign.
This was to be signed by those willing and
able to remove their structures by
themselves, and they would do so without
any coercion
Facilitation A section of the PAPs requested for The RAP has proposed adequate
during facilitation to be considered by the mechanism of assisting and
relocation of Government as they were unable to remove compensation for all loses
assets the affected assets by themselves. identified by the PAPs
Self-removal The PAPS were advised that they should The RAP has proposed adequate
of structures consider removing their structures mechanism of assisting and
voluntarily once compensated so as to compensation for all loses
make the process smooth and they get identified by the PAPs
their titles.
This is appropriate because it allows the
PAPs to salvage materials for construction
of new structures within their parcels
Benefits of the The PAPs were taught about how owning Titles would give PAP security of
title deeds a title would benefit them by the Land’s tenure.
Register. Even though their assets would
be affected by the roads, they can always
use the title as collateral to secure loans
in future and this would be very
beneficial.
Gender and This is in the case of land ownership, if The RAP also recommends joint
Equality both the names of the man and woman of account for spouses where
the house would both be in the title it compensation money will be
would be very good. channeled
Women in attendance were encouraged
to own land on their own as it shows
great development in the society and they
were advised to take up the idea.
Vulnerable These include; Orphans, the disabled and The RAP has provided extra
groups the chronically ill PAPs. assistant to vulnerable categories
The community was urged by the as required by OP 4.12 on
consultant that if they were able to help Involuntary Resettlement
them during the relocation of the assets it
would be really of great importance.
An assurance was given by the consultant
that the RAP process had captured all the
vulnerable persons affected by the
project and their bio data would be
forwarded to KISIP and the Ministry for
further actions.
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MIN 4/3/2018: AOB
A village elder urged the community to support the project when it rolls on as this was really long
overdue project. Further the community thanked the consultant for the good work they have been
doing so far by always engaging them in the project matters.
There being no business the forum adjourned at 12.00 noon with a word of prayer from a PAP.
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ANNEX 6 GRIEVANCE REGISTER FORM
ANNEX 6: SAMPLE GRIEVANCE REDRESS FORM
Grievance Form
Grievance Number Copies to forward to:
Name of the Recorder (Original)-Receiver Party
Sub-County (Copy)-Responsible Party
Date
INFORMATION ABOUT GRIEVANCE
Define The Grievance:
Forms of Receive
INFORMATION ABOUT THE COMPLAINANT
Name-Surname □Phone Line
Telephone Number □ Community/ Information
Meetings
Address □ Mail
Village □ Informal
Sub-County □ Other
Signature of Complainant
DETAILS OF GRIEVANCE
1. Access to Land 2. Damage to 3. Damage to 4. Decrease or 5. Traffic
and Resources Infrastructure or Loss of Accident
Community Assets Livelihood
a) Fishing grounds a) House a) Road/Railway a) Agriculture a) Injury
b) Lands b) Land b) Bridge/ Passageways b) Animal b) Damage to
c) Pasturelands c) Livestock c)Power/Telephone husbandry property
d) House d) Means of Lines c) Beekeeping c) Damage to
e) Commercial site livelihood d) Water sources, canals d) Small scale livestock
f) Other e) Other and water infrastructure trade d) Other
for irrigation and e) Other
animals
e) Drinking water
f) Sewerage System
g) Other
6. Incidents 7. Resettlement 8.Employment 9. Construction Camp 10. Other
Regarding Process (Specify) and and Community (Specify)
Expropriation and Recruitment Relations
Compensation (Specify) a) Nuisance from dust
(Specify) b) Nuisance from noise
c) Vibrations due to
explosions
d) Misconduct of the
project personal/worker
e) Complaint follow up
f) Other
GRIEVANCE Comment
RESOLUTION
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ANNEX 8: MAP OF AFFECTED ASSETS
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PAPS NUMBERS LINKED TO HOUSE NUMBERS AND MAP OF AFFECTED
ASSETS
NO HOUSEHOLD NO Plot Number
1 KSP/KN/G/PAP/030 096
2 KSP/KN/S/019 099
3 149
4 KSP/KN/S/PAP01 137
5 143
6 KSP/KN/P/PAP/024 101
7 KSP/KN/M/PAP/007 089
8 KSP/KN/M/PAP/009 056
9 KSP/KN/G/PAP032 100
10 KSP/KN/G/PAP/014 054
11 KSP/KN/M/PAP/10 045
12 166
13 129
14 KSP/KN/S/10 48
15 KSP/KN/P/PAP04 128
16 KSP/KN/P/PAP03 131
17 KSP/KN/G/PAP/001 126
18 124
19 KSP/KN/MS/PAP/004 123
20 KSP/KN/M/PAP/003 122
21 KSP/KN/M/PAP/004 121
22 KSP/KN/M/PAP/002 162
23 KSP/KN/D/PAP/003 090
24 KSP/KN/D/PAP/007 119
25 KSP/KN/S/05 117
26 116
27 KSP/KN/G/PAP/008 104
28 073
29 KSP/KN/M/PAP/20 092
30 KSP/KN/P/PAP/010
091
31 KSP/KN/MS/PAP/007
32 KSP/KN/MS/PAP013 086
33 172
34 KSP/KN/MS/PAP22
079
35 KSP/KN/G/PAP024
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NO HOUSEHOLD NO Plot Number
36 KSP/KN/G/PAP/015 066
37 KSP/KN/MS/PAP/10 067
38 KSP/KN/P/PAP/012 059
39 070
40 KSP/KN/D/018 094
41 KSP/KN/G/PAP035 095
42 KSP/KN/D/PAP/015 042
43 047
44 KSP/KN/S/10 048
45 KSP/KN/G/PAP/017 173
46 176
47 KSP/KN/MS/PAP017 009
48 010
49 KSP/KN/S/14 011
50 KSP/KN/S/13 013
51 KSP/KN/MS/PAP20 001
52 KSP/KN/M/PAP/11 003
53 KSP/KN/S/12 004
54 KSP/KN/D/017 174
55 008
56 035
57 KSP/KN/S/11 040
58 KSP/KN/P/PAP/015 037
59 KSP/KN/M/PAP/11 041
60 012
61 KSP/KN/P/PAP/012 059
KSP/KN/MS/PAP22
62 079
KSP/KN/G/PAP024
63 KSP/KN/S/PAP01 137
64 019
65 KSP/KN/MS/18 159
66 KSP/KN/MS/18 023
67 KSP/KN/MS/PAP/12 032
68 KSP/KN/D/PAP/016 020
69 KSP/KN/D/PAP/017 021
70 KSP/KN/P/PAP/016 036
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NO HOUSEHOLD NO Plot Number
71 KSP/KN/MS/PAP/12 082
72 KSP/KN/S/021 108
73 KSP/KN/G/PAP003 138
74 KSP/KN/D/009 140
75 141
76 KSP/KN/P/PAP01 133
77 KSP/KN/S/06 115
78 KSP/KN/M/PAP/006 071
79 068
80 075
81 KSP/KN/S/15 077
82 KSP/KN/M/PAP/17 052
83 KSP/KN/M/PAP/009 056
84 046
85 051
86 KSP/KN/M/PAP/13 022
KSP/KN/MS/PAP23
87 024
KSP/KN/D/PAP/018
88 KSP/KN/G/PAP023 084
89 026
90 031
91 028
92 027
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