SFG3058 REPUBLIC OF KENYA MINISTRY OF WATER & IRRIGATION COAST WATER SERVICES BOARD (CWSB) RESETTLEMENT ACTION PLAN REPORT FOR THE REHABILITATION AND EXPANSION OF THE MOMBASA LOT 2B PIPELINES FEBRUARY 2017 Zamconsult Consulting Engineers February 2017 RAP EXECUTIVE SUMMARY Background The Coast Water Services Board (CWSB) is a Parastatal (Government Owned and Autonomous) created under Water Act, 2002 and established through a Gazette Notice No. 1328 of 27 February 2004. CWSB (or the Board) is the agency charged with the responsibility for the effective and efficient provision of water and sanitation services within the Coast Province. The Board undertakes this by contracting Water Service Providers. CWSB as part of its mandate intends to improve water distribution to Mombasa County by rehabilitating and expanding the Mombasa lot 2B water pipelines under the jurisdiction of MOWASCO. The project intends to increase the water supply to Mombasa County via the expansion and rehabilitation of water pipelines within Mombasa West Mainland, Mombasa South Mainland, Mombasa North Mainland and Mombasa Island within Mombasa County. Zamconsult Consulting Engineers has been contracted to undertake the ESIA and RAP for the proposed pipelines as part of the KWSDP projects with funding from the World Bank. A previous RAP had been carried out, however the RAP implementation period has lapsed as which necessitated a new RAP, presented in this report. Study Methods The methodology for carrying out the RAP included data collection and analysis of data from various sources. These Included:  Primary Data Sources including household questionnaires, key informant interviews, site visits and observations.  Secondary Data Sources including design report, World Bank Policies and Kenyan Policies on Resettlement. The data collected in the field was analysed to obtain the socio-economic background of the PAPs, inventory of affected assets and cost the RAP implementation. Legislative Framework for this Study The main laws in the Country governing resettlement are the Land Act, No 6 of 2012 which identifies steps required for land acquisition, establishment of way leaves and land registration. The Constitution of Kenya also highlights matters of resettlement and land ownership. In addition to the local legislation, the Consultant also reviewed the relevant World Bank Operational Policies on Resettlement, Indigenous people, physical and cultural resources and access to information, which would cover the gaps in the local laws concerning resettlement. Expected impacts The proposed water supply system will cause several resettlement impacts. These will include:  Impacts on Structures (permanent, semi-permanent, temporary, verandas and cabro driveways)  Impacts on trees  Impacts on fences and gates Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines i Zamconsult Consulting Engineers February 2017  Impacts on businesses/livelihood Eligibility Criteria and Entitlement Employed for the RAP The main criteria employed for establishing the Eligibility of PAPs included:  A PAP was defined as one whose assets may be lost and/or affected, including land, property, other assets, livelihoods, and/or access to natural and/or economic resources as a result of activities related to the project way leave.  Setting of the Cutoff date: the PAPs identified during the data collection exercise were eligible for compensation for the aforementioned assets. The cutoff date was established as 19th December 2016. Any developments after this date are not eligible for compensation. The Entitlement for the project is summarised in the table below: Affected Asset Eligibility Conditions Entitlements Structures on the way leave If them and a witness can Replacement Cost of within the road reserve prove ownership of the Structure structure. Trees on the way leave If them and a witness can Replacement cost of mature within the road reserve prove ownership of the trees tree (fruit, commercial, and crops. indigenous and medicinal) and assistance in establishing a new tree. Fences along the proposed If them and a witness can Replacement Cost of fence way leave within the road prove ownership of the fence and an allowance to move reserve the gate Businesses on the way leave If them and a witness can Livelihood compensation and within the road reserve prove ownership of the comprising of 3 months’ business business income In addition to the entitlements mentioned in the table, each of the PAHs was entitled to a 15% disturbance allowance. Valuation Methods and Cost of Entitlements All affected assets were valued based on the full replacement cost method for all the affected assets. The following assets were valued: i. Structures ii. Trees and crops iii. Fences iv. Businesses/Livelihoods In addition, each PAH was allocated a 15% disturbance allowance. The following tables present the various entitlements for assets for the proposed works. Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines ii Zamconsult Consulting Engineers February 2017 Entitlement for loss of Structures PAHs with Entitlement for Structures (K.Shs.) No Pipeline Structures 1 WMW 02 &04 5 694,480.00 2 WMW 03 5 381,120.00 3 WMW 05 0 375,480.00 4 WMW 08 4 201,290.00 5 WMW 12 9 278,100.00 6 WMW 16 1 42,876.00 7 WMW 17 4 1,009,500.00 8 WMW 18 23 992,320.00 9 SMW 01 1 3,150.00 10 SMW 04 3 2,040,000.00 11 SMW 07 3 175,010.49 12 SMW 10 3 169,870.00 13 NMW 04 9 1,124,900.00 14 NMW 07 17 840,000.00 15 ISW 02 6 545,700.00 TOTAL 93 8,873,796.49 Entitlement for Trees No Pipeline PAHs with Trees Entitlement for Trees (K.Shs.) 1 WMW 02 &04 0 - 2 WMW 03 0 - 3 WMW 05 1 9,000.00 4 WMW 08 0 - 5 WMW 12 0 - 6 WMW 16 0 - 7 WMW 17 1 9,000.00 8 WMW 18 1 3,000.00 9 SMW 01 0 - 10 SMW 04 6 147,000.00 11 SMW 07 0 - 12 SMW 10 0 - 13 NMW 04 0 - 14 NMW 07 0 - 15 ISW 02 0 - TOTAL 9 168,000.00 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines iii Zamconsult Consulting Engineers February 2017 Entitlements for Fences No Pipeline PAHs with Fences Entitlement for Fence (K.Shs.) 1 WMW 02 &04 0 - 2 WMW 03 0 - 3 WMW 05 2 105,100.00 4 WMW 08 0 - 5 WMW 12 0 - 6 WMW 16 0 - 7 WMW 17 1 80,000.00 8 WMW 18 3 71,242.50 9 SMW 01 1 30,000.00 10 SMW 04 2 6,675.00 11 SMW 07 0 - 12 SMW 10 0 - 13 NMW 04 3 - 14 NMW 07 2 376,500.00 15 ISW 02 0 - TOTAL 14 669,517.50 Entitlements for Businesses (Loss of Livelihood) PAHs with Entitlement for Business (K.Shs.) No Pipeline Businesses 1 WMW 02 &04 3 192,000.00 2 WMW 03 4 255,000.00 3 WMW 05 7 465,000.00 4 WMW 08 4 138,000.00 5 WMW 12 10 735,000.00 6 WMW 16 0 - 7 WMW 17 0 - 8 WMW 18 15 645,000.00 9 SMW 01 0 - 10 SMW 04 4 132,000.00 11 SMW 07 1 15,000.00 12 SMW 10 2 120,000.00 13 NMW 04 2 210,000.00 14 NMW 07 13 735,000.00 15 ISW 02 2 172,500.00 Total 67 3,814,500.00 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines iv Zamconsult Consulting Engineers February 2017 Entitlement for Disturbance PAHs Entitled to Disturbance Allowance 15% No Pipeline Disturbance Allowance (K.Shs.) 1 WMW 02 &04 5 132,972.00 2 WMW 03 6 95,418.00 3 WMW 05 14 143,187.00 4 WMW 08 5 50,893.50 5 WMW 12 10 151,965.00 6 WMW 16 1 6,431.40 7 WMW 17 4 164,775.00 8 WMW 18 28 256,734.38 9 SMW 01 1 4,972.50 10 SMW 04 10 348,851.25 11 SMW 07 3 28,501.57 12 SMW 10 4 43,480.50 13 NMW 04 10 220,635.00 14 NMW 07 23 292,725.00 15 ISW 02 6 107,730.00 TOTAL 130 2,049,272.10 Thus, the total entitlement for the project is as indicated in the table below: Total Entitlement for each of the Pipelines No Pipeline PAHs Entitlement (K.Shs.) 1 WMW 02 &04 5 1,019,452.00 2 WMW 03 6 731,538.00 3 WMW 05 14 1,097,767.00 4 WMW 08 5 390,183.50 5 WMW 12 10 1,165,065.00 6 WMW 16 1 49,307.40 7 WMW 17 4 1,263,275.00 8 WMW 18 28 1,968,296.88 9 SMW 01 1 38,122.50 10 SMW 04 10 2,674,526.25 11 SMW 07 3 218,512.06 12 SMW 10 4 333,350.50 13 NMW 04 10 1,555,535.00 14 NMW 07 23 2,244,225.00 15 ISW 02 6 825,930.00 TOTAL 130 15,575,086.08 RAP Implementation Cost Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines v Zamconsult Consulting Engineers February 2017 The RAP implementation cost was also computed taking into account administration costs and an allowance for inflation and contingencies. Bringing the total cost of the RAP to K.Shs. 18,845,854.16 (eighteen million eight hundred and forty-five thousand, eight hundred and fifty-four and sixteen cents only) broken down in the table below. No. RAP Item Cost (K.Shs.) 1 Total Entitlement Costs (including 15% Disturbance) 15,575,086.08 2 RAP Administration Cost (10)% of Entitlement Cost) 1,557,508.61 3 Allowance for Inflation and Contingencies 1,713,259.47 TOTAL RAP IMPLEMENTATION COST 18,845,854.16 Conclusion The proposed project will affect approximately 130 Households made up of 341 PAPs who will lose their assets. In order to mitigate the negative impacts of resettlement, the following recommendations are made:  Any planned displacement of the project affected persons be undertaken after compensation payments have been made before any construction activities are done and in accordance with the prevailing law.  Compensation should not only follow the replacement cost of the affected asset, but should also be associated with comprehensive consultations and negotiations with PAHs so as to minimize grievances  The project affected persons to be given adequate notice to relocate their assets. Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines vi Zamconsult Consulting Engineers February 2017 Table of Contents 1 INTRODUCTION ......................................................................................................... 1-1 1.1 COAST WATER SERVICES BOARD ............................................................................ 1-1 1.2 KENYA WATER AND SANITATION DEVELOPMENT PROJECT (KWSDP) ................... 1-2 1.2.1 The Rehabilitation and Expansion of the Mombasa Lot 2B Pipelines under KWSDP.......................................................................................................................... 1-2 1.3 JUSTIFICATION FOR THE RAP ................................................................................... 1-2 1.4 OBJECTIVES OF THE RAP ......................................................................................... 1-3 1.5 METHODOLOGY FOR CARRYING OUT THE RAP ........................................................ 1-4 1.5.1 Primary Data Collection .................................................................................. 1-4 1.5.2 Secondary Data Collection .............................................................................. 1-4 1.5.3 Public Consultation .......................................................................................... 1-4 1.5.4 Data Analysis and Processing .......................................................................... 1-4 2 PROPOSED PROJECT DESCRIPTION ...................................................................... 2-1 2.1 LOCATION ................................................................................................................ 2-1 2.2 THE BACKGROUND OF PROPOSED PROJECT.............................................................. 2-1 2.3 OBJECTIVES OF THE PROJECT ................................................................................... 2-2 2.4 DESIGN COMPONENTS .............................................................................................. 2-2 2.5 PROJECT COST.......................................................................................................... 2-1 2.6 METHODS OF MINIMISING RESETTLEMENT .............................................................. 2-1 3 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK ............................... 3-1 3.1 KENYA POLICIES AND REGULATIONS ....................................................................... 3-1 3.1.1 The Constitution of Kenya ............................................................................... 3-1 3.1.2 The Water Act 2016 ......................................................................................... 3-1 3.1.3 The Land Act (2012) ........................................................................................ 3-2 3.1.4 National Land Commission (NLC) Act (2012) ............................................... 3-2 3.1.5 Environment and Land Court Act (2011) ........................................................ 3-3 3.1.6 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 .................................................................................. 3-3 3.1.7 The County Governments Act, 2012 ............................................................... 3-4 3.1.8 Cities and Urban Areas Act 2011 .................................................................... 3-5 3.1.9 The Physical Planning Act (CAP 286) 2010 ................................................... 3-6 3.1.10 The Wayleaves Act Cap 292............................................................................ 3-6 3.1.11 Public Roads and Roads of Access Act Cap 399 ............................................. 3-6 3.1.12 Valuers Act Cap 532 ........................................................................................ 3-6 3.2 WORLD BANK SAFEGUARD POLICIES ....................................................................... 3-7 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines vii Zamconsult Consulting Engineers February 2017 3.2.1 The Bank's Operational Policy 4.12: Involuntary Resettlement ...................... 3-7 3.2.2 Operational Policy (OP/BP) 4.11: Physical Cultural Resources ..................... 3-7 3.2.3 World Bank Policy on Access to Information, 2010 ....................................... 3-7 3.3 BETWEEN KENYAN POLICIES AND WORLD BANK POLICIES ON RESETTLEMENT GAPS AND RECOMMENDATIONS ................................................................................................... 3-8 4 CENSUS AND SOCIO-ECONOMIC SURVEYS ........................................................ 4-1 4.1 POPULATION DYNAMICS AND HOUSEHOLD CHARACTERISTICS OF PAPS ................. 4-1 4.1.1 Sex of Household Heads .................................................................................. 4-1 4.1.2 Marital Status of the Household Head ............................................................. 4-1 4.1.3 PAP Gender Ratio ............................................................................................ 4-2 4.1.4 PAP Literacy Levels ........................................................................................ 4-3 4.1.5 Economic Activity of the Household Head ..................................................... 4-4 4.1.6 Religion ............................................................................................................ 4-6 5 IMPACTS ON PROJECT AFFECTED PERSONS ...................................................... 5-1 5.1 IMPACT ON LAND ..................................................................................................... 5-2 5.2 IMPACT ON STRUCTURES .......................................................................................... 5-2 5.3 IMPACT ON TREES AND CROPS ................................................................................. 5-2 5.4 IMPACT ON FENCES AND GATES ............................................................................... 5-3 5.5 IMPACT ON BUSINESS AND LIVELIHOOD ................................................................... 5-4 5.6 IMPACTS ON PUBLIC ASSETS AND COMMUNITY INSTITUTIONS................................. 5-4 6 CONSULTATIONS – PERSONS, AGENCIES & PUBLIC ........................................ 6-1 6.1 LEGAL REQUIREMENTS ............................................................................................ 6-1 6.1.1 Policy on Public Consultation .......................................................................... 6-1 6.2 PERSONS OR AGENCIES CONSULTED ........................................................................ 6-1 6.2.1 Overview from the Officer – Mombasa County Government Water, Environment and Natural resources Office. ........................................................................................ 6-2 6.2.2 Overview from the County Executive Member Mombasa County Lands, Planning and Housing Department. ............................................................................... 6-2 6.2.3 Overview from the EIA Officer NEMA. ......................................................... 6-2 6.2.4 Overview from the Chief Kisauni. ................................................................... 6-2 6.3 PUBLIC CONSULTATION ................................................................................... 6-3 6.3.1 Findings of the meetings .................................................................................. 6-3 6.4 COMMUNICATION AND DISCLOSURE ........................................................................ 6-3 7 ELIGIBILITY CRITERIA AND ENTITLEMENT MATRIX ..................................... 7-1 7.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION ................................................... 7-1 7.1.1 Cutoff Date....................................................................................................... 7-1 7.1.2 Eligibility ......................................................................................................... 7-1 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines viii Zamconsult Consulting Engineers February 2017 7.1.3 Entitlements Matrix ......................................................................................... 7-1 7.2 VALUATION OF AND COMPENSATION FOR LOSSES ................................................... 7-2 7.2.1 Valuation for loss of Structures ....................................................................... 7-2 7.2.2 Valuation for Loss of trees and crops .............................................................. 7-2 7.2.3 Valuation of Fences ......................................................................................... 7-2 7.2.4 Valuation for Loss of Business/Livelihood ..................................................... 7-2 7.2.5 Valuation for Disturbance ................................................................................ 7-2 7.3 MODE OF PAYMENT OF PAPS ................................................................................... 7-3 8 INCOME RESTORATION AND SOCIAL DEVELOPMENT MEASURES ............. 8-1 8.1 VULNERABLE GROUPS ............................................................................................. 8-1 9 RAP IMPLEMENTATION SCHEDULE ..................................................................... 9-1 9.1 RAP IMPLEMENTATION DURATION ........................................................................... 9-1 10 GRIEVANCE REDRESS MECHANISMS ................................................................ 10-1 10.1 INTRODUCTION ................................................................................................... 10-1 10.2 POSSIBLE SOURCES OF GRIEVANCES .................................................................. 10-1 10.3 COMMITTEES INVOLVED IN THE GRIEVANCE REDRESS PROCESS AND THE MANAGEMENT PROCESS ................................................................................................... 10-1 10.3.1 Sub-County Resettlement and Compensation Committee (SCRCC) ............ 10-1 10.3.2 Locational Resettlement and Compensation Committees (LRCCs) .............. 10-2 10.3.3 The Grievance Management Process ............................................................. 10-2 10.4 GRIEVANCE REDRESS PROCEDURE ..................................................................... 10-3 11 ORGANISATIONAL RESPONSIBILITIES .............................................................. 11-1 12 MONITORING AND EVALUATION ....................................................................... 12-1 13 RAP COSTS AND BUDGETS ................................................................................... 13-1 13.1 COST OF ENTITLEMENTS ..................................................................................... 13-1 13.1.1 Entitlement for Structures .............................................................................. 13-1 13.1.2 Entitlement for Trees ..................................................................................... 13-1 13.1.3 Entitlements for Fences.................................................................................. 13-2 13.1.4 Entitlements for Businesses (Loss of Livelihood) ......................................... 13-2 13.1.5 Entitlement for Disturbance ........................................................................... 13-3 13.1.6 Total Entitlements .......................................................................................... 13-4 13.2 RAP IMPLEMENTATION BUDGET ........................................................................ 13-9 14 CONCLUSIONS AND RECOMMENDATIONS ...................................................... 14-1 15 REFERENCES ............................................................................................................ 15-1 16 APPENDICES ............................................................................................................. 16-1 16.1 RAP HOUSEHOLD QUESTIONNAIRE .................................................................... 16-1 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines ix Zamconsult Consulting Engineers February 2017 16.2 PUBLIC CONSULTATION SUMMARY .................................................................... 16-5 16.2.1 Public Consultation Minutes .......................................................................... 16-5 16.2.2 List of Attendance ........................................................................................ 16-16 16.2.3 Public Consultation Meeting Photos .............................................................. 16-1 16.3 PAP PHOTOS ...................................................................................................... 16-5 16.3.1 West Mainland Pipelines Photos ................................................................... 16-5 16.3.2 Mombasa Island Pipelines ........................................................................... 16-10 16.3.3 North Mainland Pipelines ............................................................................ 16-11 16.3.4 South Mainland Pipelines ............................................................................ 16-12 16.4 PAP ENTITLEMENT MATRICES ......................................................................... 16-14 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines x Zamconsult Consulting Engineers February 2017 List of Tables Table 2-1: Lot 2B pipelines ................................................................................................... 2-2 Table 3-1: Summary of Gaps between Kenyan and World Bank Policies giving recommendations on how to bridge the Gaps ........................................................................ 3-1 Table 5-1: Summary of Affected PAPs and PAHs ................................................................ 5-1 Table 5-2: Affected Households with Structures ................................................................... 5-2 Table 5-3: Affected Households with Trees .......................................................................... 5-2 Table 5-4: Households identified with Fences and Gates ...................................................... 5-3 Table 6-1: Persons met during the RAP study in planning the Proposed Water Supply Project ................................................................................................................................................ 6-1 Table 10-1: Table Showing a Sample Grievance Form ....................................................... 10-4 Table 10-2: Sample of a Grievance Resolution Form ......................................................... 10-6 Table 11-1: Institutional Roles in RAP Implementation ..................................................... 11-1 Table 13-1: Summary of Structure Owners’ Entitlement .................................................... 13-1 Table 13-2: Summary of Tree Owners' Entitlement ............................................................ 13-1 Table 13-3: Summary of Fence Owners' Entitlement .......................................................... 13-2 Table 13-4: Summary of Business Owners' Entitlement ..................................................... 13-3 Table 13-5: Summary of Disturbance Entitlement .............................................................. 13-3 Table 13-6: Summary of Entitlement for each pipeline....................................................... 13-4 Table 13-7: Summary of Entitlements per Asset Category ................................................. 13-4 Table 13-8: Table showing PAP names and contact numbers ............................................. 13-5 Table 13-9: Summary of RAP Implementation Budget ...................................................... 13-9 List of Figures Figure 1-1: List of WSPs under Coast Water Services Board and their Jurisdiction ............ 1-1 Figure 2-1: Map Showing the Location of the Project Area .................................................. 2-1 Figure 2-2: Map of Mombasa West Mainland Pipelines ....................................................... 2-1 Figure 2-3: Mombasa South Mainland Pipelines................................................................... 2-2 Figure 2-4: Map of North Mainland Pipelines 1 .................................................................... 2-3 Figure 2-5: Map of North Mainland Pipelines (2) ................................................................. 2-4 Figure 2-6: Map Showing Mombasa Island Pipelines ........................................................... 2-5 Figure 4-1: Sex of PAP Household Heads ............................................................................. 4-1 Figure 4-2: PAPs Marital Status ............................................................................................ 4-2 Figure 4-3: Male: Female ratio of PAPs in the project area .................................................. 4-3 Figure 4-4: PAP literacy levels .............................................................................................. 4-3 Figure 4-5: Economic Activity of the Household Head ........................................................ 4-4 Figure 4-6: Household Economic Activity by Gender .......................................................... 4-4 Figure 4-7: PAP Income Levels ............................................................................................. 4-5 Figure 4-8: Household Incomes according to Gender ........................................................... 4-6 Figure 4-9: PAP Religion....................................................................................................... 4-7 Figure 7-1: Eligibility Criteria ............................................................................................... 7-1 Figure 9-1: Proposed Activity for RAP Implementation for the Project ............................... 9-2 Figure 10-1: Figure Showing the Dispute Resolution Procedure ........................................ 10-7 Figure 16-1: Public Consultation Meeting Likoni ............................................................... 16-1 Figure 16-2: District Officer Addressing Participants ......................................................... 16-1 Figure 16-3: Stakeholder Feedback during Meeting in Changamwe .................................. 16-2 Figure 16-4: Public Consultation Meeting in Changamwe.................................................. 16-2 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines xi Zamconsult Consulting Engineers February 2017 Figure 16-5: Consultant making Presentation in Mombasa Island ...................................... 16-3 Figure 16-6: Feedback from one of the Participants in Mombasa Island ............................ 16-4 Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines xii Zamconsult Consulting Engineers February 2017 ACRONYMS AND ABBREVIATIONS AIDS Acquired Immunodeficiency Syndrome CBO Community Based Organization EMCA Environment Management Coordination Act RAP Resettlement Action Plan PAP Project Affected Person PAH Project Affected Household EIA Environmental Impact Assessment ESIA Environmental and Social Impact Assessment GoK Government of Kenya HIV Human Immunodeficiency Virus ID No. Identity Card Number K.Shs. Kenya Shillings KWSDP Kenya Water and Sanitation Development Project LRCC Locational Resettlement and Compensation Committees MDG Millennium Development Goals CWSB Coast Water Services Board MWI Ministry of Water and Irrigation NEMA National Environment Management Authority NLC National Land Commission NGO Non-Governmental Organization NMK National Museums of Kenya NPEP National Poverty Eradication Plan NWSB Northern Water Services Board O&M Operation and Maintenance PEC Poverty Eradication Commission SCRCC Sub-County Resettlement and Compensation Committee WaSSIP Water Supply and Sanitation Improvement Program WSB Water Services Board WSP Water Services Provider WSS Water Supply and Sanitation Services m3 cubic metres Resettlement Action Plan for the Rehabilitation and Expansion of The Mombasa Lot 2B Pipelines xiii Zamconsult Consulting Engineers February 2017 1 INTRODUCTION 1.1 COAST WATER SERVICES BOARD Coast Water Services Board (CWSB) is an independent parastatal (Government Owned and Autonomous) created under the Water Act, 2002 but established through separate Gazette Notices. It operates under the Parent Ministry of Water and Irrigation and in accordance with: i. The provisions and regulations of the Water Act, 2002; ii. The State Corporation Act Cap 446; iii. Other Relevant Provisions of the Laws of Kenya and iv. Rules and Regulations given in form of circulars by the Parent Ministry and Ministry of Finance. The CWSB area of jurisdiction covers a total of 83,040 km2 out of which 28,450 km2 is occupied by rivers, Sea, lakes and national parks, while the rest is used for agriculture, settlement and other human activities. CWSB’s jurisdiction covers the counties of Mombasa, Kwale, Kilifi, Taita-Taveta, Lamu and Tana River. Within the six counties, CWSB has contracted seven (7) Water Services Providers (WSPs) as listed in Table below: Figure 1-1: List of WSPs under Coast Water Services Board and their Jurisdiction S/No County Main Areas Served/WSPs 1 Mombasa County Mombasa (Island, West Mainland, South Mainland, North Mainland) served by Mombasa Water & Sewerage Co. 2 Kilifi County Malindi Town, Watamu and environs served by Malindi Water & Sewerage Co Kilifi, Mariakani, Mtwapa and environs served by Kilifi- Mariakani Water & Sewerage 3 Kwale County Kwale, Ukunda, Diani, Kinango and environs served by Kwale Water and Sewerage Company 4 Taita Taveta County Voi, Taveta, Wundanyi and environs served by TAVEVO Water and Sewerage Company 5 Lamu County Lamu Island, mainland and environs served by Lamu Water and Sewerage Company 6 Tana River County Hola, Bura, Garsen and environs served by tana River Water and Sewerage Company In addition, there is the Coast Bulk Water Supply Unit (CBWSU) which supplies water in bulk to Mombasa, Malindi, Kilifi/Mariakani, Kwale and TAVEVO WSPs. CBWSU is still not legally operational but it is operating under CWSB on an interim basis. Within the Coast region, the Coast Water Services Board (CWSB) is mandated with the responsibility of ensuring efficient and economical provision of water and sanitation services. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 1-1 Zamconsult Consulting Engineers February 2017 1.2 KENYA WATER AND SANITATION DEVELOPMENT PROJECT (KWSDP) Based on the progress made in the implementation of WaSSIP 1 and the need for additional investments the Government has requested the World Bank for financing for KWSDP. The KWSDP is targeted at investments on rehabilitation and expansion of existing water supply schemes, design and development of bulk water supply systems, drought mitigation measures, planning and development of sanitation infrastructure and institutional strengthening. Further support would consolidate the gains in sector institutional arrangements and help these institutions to improve and expand actual WSS delivery to Kenyans through sustainable infrastructure investments. The proposed KWSDP will complement and build on the gains and achievements already made through the implementation of WaSSIP 1. The development objectives of the project are therefore to: i. Increase access to reliable, affordable and sustainable water supply and sanitation services; and ii. To improve the water and wastewater services in the areas served by NWSB and CWSB. iii. Mitigate the effects of drought through response measures This will be achieved by:  Rehabilitating selected existing water production, transmission, storage and distribution facilities and wastewater collection, treatment and disposal facilities,  expanding piped water supply services to under-served areas through a balanced program including the involvement of communities in decision making and extension of primary and secondary distribution pipes where required, and  Refining and strengthening the institutional structure, emphasizing on increasing accountability and transparency of the institutional and governance and management framework for CWSB, NWSB. 1.2.1 The Rehabilitation and Expansion of the Mombasa Lot 2B Pipelines under KWSDP One of the projects under KWSDP will be the rehabilitation and expansion of the Mombasa lot 2B pipelines under the jurisdiction of CWSB. The project intends to increase the water supply to Mombasa County via the expansion and rehabilitation of water pipelines within Mombasa West Mainland, Mombasa South Mainland, Mombasa North Mainland and Mombasa Island within Mombasa County. The project is further described in chapter 2 of this report. 1.3 JUSTIFICATION FOR THE RAP An Environmental and Social Impact Assessment and Resettlement Action Plan had been carried out in 2014, however the RAP had not been implemented, as such, the cut off dates and RAP in general have become obsolete, hence the need for an update. All of the proposed pipelines will be located within road reserves and as such land acquisition for the wayleaves will not occur, however some of the pipelines will affect several businesses and in some cases fences along the roads. Hence the need for a RAP. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 1-2 Zamconsult Consulting Engineers February 2017 The Resettlement Action Plan helps to define the resettlement and compensation necessary as a result of implementing the water supply project. This will be in accordance with the Laws of Kenya, taking into account the World Bank Policies. 1.4 OBJECTIVES OF THE RAP The overall objective of the RAP is to ensure that affected individuals, households are meaningfully consulted, have actively participated in the planning process and, are adequately compensated to the extent that at least their pre-displacement incomes or livelihoods have been restored or improved and, that the process is considered fair and transparent. The objective of the RAP is achieved through collections of key indicative information on the Project Affected Persons (PAPs) pre-impact status so as to enable develop an entitlement matrix geared at restoring the livelihoods to the pre-impact status or making their livelihoods better. The Specific Objectives and activities of the RAP include:  Conduct public consultation with PAPs, county governments, and other stakeholders not only to ensure that their concerns and suggestions are taken in to account, but also to promote the participation of the stakeholders in the planning, implementation and evaluation of the RAP;  Conducting census and socio-economic surveys of project affected areas and populations as a basis for identifying and measuring the types and magnitude of impact of the project, and the associated displacement and loss of household and community assets, in order to determine the required amounts of compensation and other resettlement measures and assistances for the restoration of income and livelihoods;  Design mechanisms and procedures for the resolution of conflict and redress of grievances arising from the implementation of the RAP and the project;  Design the organizational and institutional arrangements necessary for the implementation of the RAP, including detailed allocation of responsibilities and coordination issues;  Formulate a system for the monitoring, review and evaluation of the process and outcome of the implementation of the RAP;  Formulate criteria for eligibility and entitlement as well as methods and mechanisms for the valuation of various categories of household and community assets for compensation, design appropriate strategies for restoration of the income and livelihood of PAPs, special support measures for vulnerable groups, and social and community development projects;  Identify and assess the impacts of the project on PAPs and communities in the project area, identify different options and alternatives to avoid or reduce displacement, of population and dislocation of livelihoods;  Prepare a timetable for the implementation of the RAP with detailed time-bound schedules for its various components and activities.  Prepare cost estimates and budget for the implementation of the RAP and its various components and activities;  Undertaking a review of the relevant national and international policy, legal, and institutional frameworks and guidelines pertaining to involuntary resettlement, eminent domain and land tenure, expropriation and compensation, restoration and improvement of the income and livelihood of PAPs, etc. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 1-3 Zamconsult Consulting Engineers February 2017 1.5 METHODOLOGY FOR CARRYING OUT THE RAP The methodology for carrying out the RAP included data collection and analysis and is presented in the chapters of this report. The key steps are outlined below. 1.5.1 Primary Data Collection 1) Household Survey and Enumeration This was used to identify the affected households and to take an inventory of their assets and livelihood as well as their socio-economic characteristics. A structured questionnaire was administered to the identified households by trained enumerators recruited from the local community. A copy of the questionnaire is provided in the appendices. 2) Site Visits and Observations A number of site visits were conducted to locate the pipelines. These visits were also used to identify the people affected by the design to who were enumerated for the survey. In addition, the Consultant carried out a physical mapping of all PAPs within the project areas, with all affected developments. Due to the fact that the existing roads will be used to access the sites a wayleave of 3m was taken for all the pipelines. 1.5.2 Secondary Data Collection This involved conducting a review of existing documents, reports, laws and policies relating to resettlement and other issues of the project and the project area. The main document looked as was the previously carried out RAP and ESIA reports. Other key documents reviewed include but were not limited to:  The Previously carried out ESIA and RAP  Kenyan Policies and Laws on Land and resettlement  World Bank Policies Land and Resettlement  The Design Report 1.5.3 Public Consultation This was done at three levels:  Interviews with individual affected persons  Key informant interviews with selected community leaders  Public Consultation meetings 1.5.4 Data Analysis and Processing The collected information was analyzed thematically to reflect the components included in this RAP report. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 1-4 Zamconsult Consulting Engineers February 2017 2 PROPOSED PROJECT DESCRIPTION 2.1 LOCATION The proposed project area is located in Mombasa West Mainland, Mombasa South Mainland, Mombasa North Mainland and Mombasa Island within Mombasa County as shown on the map below: Figure 2-1: Map Showing the Location of the Project Area The GPS co-ordinates for the pipelines are shown in the maps presented in the appendices. 2.2 THE BACKGROUND OF PROPOSED PROJECT The lot 2B water pipelines were part of the Mombasa lot 2 pipelines which were carried out under WaSSIP-AF, however some projects could not be carried out under WaSSIP-AF. These projects make up the Mombasa Lot 2B pipelines which will be carried out under KWSDP. Mombasa County is currently experiencing water shortage due to poor and damaged piping in some areas, thus leading to leakages and constant pipe bursts. Some rehabilitation and extension is ongoing under WaSSIP, however not all areas could be served. KWSDP will fund the lot 2B pipelines. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-1 Zamconsult Consulting Engineers February 2017 The proposed project involves extension of pipe works and rehabilitation of vulnerable pipe works which experience low pressures and leakages. The rehabilitation will be for the vulnerable sections while the extension will comprise new sections. 2.3 OBJECTIVES OF THE PROJECT The proposed projects will increase the water supply in Mombasa County by the replacement of existing dilapidated pipelines, augmentation of existing pipelines and laying of new pipelines within Mombasa West Mainland, Mombasa South Mainland, Mombasa North Mainland and Mombasa Island. With the additional water supply from the rehabilitation of Pemba Dam in Kwale County, increase of the wells at Baricho wellfields in Kilifi County and future construction of Mwache Dam, Mombasa County will need a fully working distribution network to supply water. 2.4 DESIGN COMPONENTS The proposed pipelines under lot 2B are summarized in the table below: Table 2-1: Lot 2B pipelines No. Pipeline Name Diameter (mm) Length (m) Material Mombasa West Mainland 1 WMW 02 150 1260 Ferrous 2 WMW 03 160 875 Ferrous 3 WMW 04 350 1020 Ferrous 4 WMW 05 250 455 Ferrous 5 WMW 08 150 1815 Ferrous 6 WMW 10 200 580 Ferrous 7 WMW 11 150 570 Ferrous 8 WMW 12 200 2090 Ferrous 9 WMW 13 250 900 Ferrous 10 WMW 16 250 800 Ferrous 11 WMW 17 150 6920 Ferrous 12 WMW 18 250/150 1845 Ferrous 13 WMW 19 250/150/100 2990 Ferrous Mombasa South Mainland 14 SMW 01 200 3110 uPVC 15 SMW 04 300 3875 Ferrous 16 SMW 07 160 1810 uPVC 17 SMW 09 200 1605 uPVC 18 SMW 10 160 1600 uPVC Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-2 Zamconsult Consulting Engineers February 2017 No. Pipeline Name Diameter (mm) Length (m) Material Mombasa North Mainland 19 NMW 04 300 2940 Ferrous 20 NMW 06 500 1985 Ferrous 21 NMW 07 400/200 4535 Ferrous 22 NMW 10 160 2750 uPVC 23 NMW 11 110 1645 uPVC 24 NMW 24 110 1180 uPVC 25 NMW 25 160 1950 uPVC Mombasa Island 26 ISW 02 400 1130 Ferrous 27 ISW 03 250 1200 Ferrous 28 ISW 08 200 1430 Ferrous 29 ISW 09 300 470 Ferrous The pipelines are shown in the maps below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-3 Zamconsult Consulting Engineers February 2017 Figure 2-2: Map of Mombasa West Mainland Pipelines Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-1 Zamconsult Consulting Engineers February 2017 Figure 2-3: Mombasa South Mainland Pipelines Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-2 Zamconsult Consulting Engineers February 2017 Figure 2-4: Map of North Mainland Pipelines 1 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-3 Zamconsult Consulting Engineers February 2017 Figure 2-5: Map of North Mainland Pipelines (2) Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-4 Zamconsult Consulting Engineers February 2017 Figure 2-6: Map Showing Mombasa Island Pipelines Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-5 Zamconsult Consulting Engineers February 2017 2.5 PROJECT COST The lot 2B pipelines are expected to cost K.Shs. 756,500,000.00 (Seven Hundred and Fifty-Six Million and Five Hundred Thousand Only) in accordance to the Engineer’s Estimate. 2.6 METHODS OF MINIMISING RESETTLEMENT In order to avoid excessive displacement and land acquisition along the various pipelines, the proposed pipeline routes will be located along existing road reserves. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 2-1 Zamconsult Consulting Engineers February 2017 3 RELEVANT LEGISLATIVE/ REGULATORY FRAMEWORK This Chapter highlights the various laws, both national and international, that handle the issue of land, development of water systems and valuation of assets for the purpose of compensation. They are as follows: 3.1 KENYA POLICIES AND REGULATIONS 3.1.1 The Constitution of Kenya The Constitution, the supreme law, in Kenya enshrines the right for every Kenyan, either individually or in association with others, to acquire and own property of any description in any part of Kenya, and outlaws enactment of any law that would permit the State or any person to arbitrarily deprive a person of any form of property.  The Constitution, however, conditionally allows deprivation of a person’s property or of any interest therein, where:  Deprivation is for a public purpose or where land is needed for a public interest;  The acquisition is carried out in accordance with the provisions under the Constitution and any Act of Parliament; and provided;  The persons affected receive” prompt payment in full, of just compensation” for deprivation of their interests in the property acquired; and  The persons affected by the loss of their property have unhindered right of access to a court of law [Article 40 Clause (3)] The Constitution extends a discretionary right to “prompt payment in full, of just compensation” to “occupants in good faith of land compulsorily acquired under clause (3) of Article 40” who hold no title to the land. Clause (6) of Article 40, however, ex pressly curtails payment of compensation for any property that has been found to have been unlawfully acquired. 3.1.2 The Water Act 2016 This Act is an update of the Water Act of 2002. It makes provision for the provision of clean and safe water in adequate quantities and to reasonable standards of sanitation for all citizens. The Act gives power to Water Works Development Agencies which are charged with: a) Undertaking the development, maintenance and management of the national public water works within its area of jurisdiction. b) Operating the waterworks and providing water services as a water service provider, until such time as responsibility for the operation and management of the waterworks are handed over to a county government, joint committee, authority of county governments or water services provider within whose area of jurisdiction or supply the waterworks is located. c) Providing a reserve capacity for purposes of providing water services where pursuant to section 103, the Regulatory Board orders the transfer of water services functions from a defaulting water services provider to another licensee. d) Providing technical services and capacity building to such county governments and water services providers within its area as may be requested; and Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-1 Zamconsult Consulting Engineers February 2017 e) Providing to the cabinet secretary technical support in the discharge of his/her functions under the constitution of this Act. In accordance to Article 152 of the Act, CWSB under whose jurisdiction the project falls, will transition into a Water Works Development Agency. However this transition has not yet occurred, as such the Consultant will still report to the CWSB and one of its service providers MOWASCO under whose jurisdiction the project falls. 3.1.3 The Land Act (2012) This Act applies to all land declared as public land in Article 62 of the Constitution and all private land as declared by Article 64 of the Constitution. The Act identifies all public land, of importance to this project will be road reserves which are categorized as public land. The portion of the Act touching on Involuntary Resettlement is Part (viii) that spells out the process required to involuntarily acquire private land. As of now no rules have been promulgated to spell-out the safeguards to the affected persons’ interests that are injured where involuntary resettlement cannot be avoided. To fill this vacuum, transitory provisions under the Schedule to the deleted Land Acquisition Act (Cap295) apply. The Act permits involuntary land purchases to be resorted to where “the possession of the land is necessary in the interests of defense, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit” and where “the necessity therefore is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property”. The Act also provides the procedures for sensitizing the affected population to the project and for consultation on implications and grievance procedures. Kenya’s definition of purposes for which involuntary settlement can be resorted to is open ended, providing much greater space for the exercise of discretion and interpretation. The involuntary purchase’ powers do not, however, extend to settlement of squatters, the poor and landless, persons displaced by infrastructure developments and the internally displaced persons. Section 134 (4) of the Land Act specifically provide that land purchases for such purposes be subject to the Public Procurement and Disposal Act, 2005 (No. 3 of 2005). The enactment of the Land Act, Sec 157(2), criminalized encroachments on public land as follows: i. Unlawful occupation of public land is an offence which attracts fines of up to KES 500,000 and if a continuous offence, a sum not exceeding KES 10,000 for every day the offence is continued; ii. Wrongful obstruction of a public right of way is an offence and attracts a fine of up to KES 10,000,000 and if a continuous offence, a sum of up to KES 100,000 for every day the offence is continued; and iii. In addition to these criminal sanctions, any rights over land that were obtained by virtue or on account of an offence may be cancelled or revoked. 3.1.4 National Land Commission (NLC) Act (2012) The National Land Commission was created in pursuance of Article 67 of the Constitution and is mandated to, among others, to manage public land for the national and county governments, Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-2 Zamconsult Consulting Engineers February 2017 in this case the various road reserves. The commission can also recommend a national land policy to the national government, advise the national government on a comprehensive programme for the registration of title in land throughout Kenya and assess tax on land and premiums on immovable property; Under Article 67 (3) of the Constitution the National Land Commission may perform any other functions prescribed by national legislation. Among those other functions prescribed by a national legislation is the compulsory land purchase and its consequential Involuntary resettlement. [Section 107 (1) of the Land Act] The Commission is responsible for assessment and payment of the compensation to the affected persons. The Commission handles the publication of the intention to compulsorily acquire land, inspections of affected properties, consulting the affected persons on intended resettlement, issuing of awards, payment of the awards to the affected persons and taking possession of the land acquired and handing over the land to the project’s implementer. 3.1.5 Environment and Land Court Act (2011) The Act gives effect to Article 162(2) (b) of the Constitution by establishing the Environment and Land Court that has original and appellate jurisdiction. According to Section 4 (2) and (3), it is a court with the status of the High Court. It exercises jurisdiction throughout Kenya and pursuant to section 26, is expected to ensure reasonable and equitable access to its services in every county. The principal objective of this Act is to enable the Court to facilitate a just, expeditious, proportionate and accessible resolution of disputes governed by the Act. The Court exercises its jurisdiction under Section 162 (2) (b) of the Constitution and has power to hear and determine disputes relating to ― (a) Environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) Compulsory acquisition of land; (c) Land administration and management; (d) Public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and (e) Any other dispute relating to environment and land. Nothing in the Act precludes the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to land and to a clean and healthy environment under Sections 42, 69 and 70 of the Constitution. 3.1.6 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 The provisions of this Act are guided by the Bill of Rights under the Constitution of Kenya. (2010). Section 5 of the Act lists development projects among the displacing factors and outlines involvement of the affected persons through awareness, sensitization, training and education on causes, impact, consequences and prevention measures. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-3 Zamconsult Consulting Engineers February 2017 Section 6 of the Act provides that displacements and relocation from land required for a development project will only be justified by a compelling and overriding public interest. The procedures to follow are listed under section 22 and include: -  Justification as to why the displacement is unavoidable and that there is no other feasible alternative;  Seeking free and informed consent from the affected persons;  Holding public hearing on project planning;  Giving reasonable notice to allow the affected persons review and react to the displacement conditions; and that  Displacement process should reflect respect to human rights. Relocation of the affected persons should, according to section 22 of the Act, be guided by the following factors: - i. Full information on the affected persons and ensuring their participation; ii. Identification of safe, adequate and habitable alternatives; iii. Availability of safety, nutrition, health, and hygiene as well as protection at the new location; and iv. Acceptability by the host communities in the new location where re-location is implemented. 3.1.7 The County Governments Act, 2012 This is an act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions and responsibilities to deliver services and for connected purposes According to section 103 the objectives of county planning shall be to; (g) Protect the historical and cultural heritage, artefacts and sites within the county; and (h) Make reservations for public security and other critical national infrastructure and other utilities and services; (i) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya as provided in Article 69 of the Constitution; and (j) Develop the human resource capacity of the county. Under section 104, (1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. (2) The county planning framework shall integrate economic, physical, social, environmental and spatial planning. (3) The county government shall designate county departments, cities and urban areas, sub- counties and Wards as planning authorities of the county. (4) To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. Under section 111, (1) For each city and municipality there shall be; the (a) City or municipal land use plans; (b) City or municipal building and zoning plans; Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-4 Zamconsult Consulting Engineers February 2017 (c) City or urban area building and zoning plans; (d) Location of recreational areas and public facilities. (2) A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality. (3)A city or municipal plan shall, within a particular city or municipality, provide for; (a) Functions and principles of land use and building plans; (b) Location of various types of infrastructure within the city or municipality; (c) Development control in the city or municipality within the national housing and building code framework. (4) City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. (5) City or municipal land use and building plans shall be the regulatory instruments for guiding and facilitating development within the particular city or municipality. (6) Each city or municipal land use and building plan shall be reviewed every five years and the revisions approved by the respective county assemblies. Under section 115, (1) Public participation in the county planning processes shall be mandatory and be facilitated through; (b) Provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including; (i) clear strategic environmental assessments; (ii) Clear environmental impact assessment reports; (iii) Expected development outcomes; and (iv) Development options and their cost implications. (2) Each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall adhere to minimum national requirements. 3.1.8 Cities and Urban Areas Act 2011 This act identifies Mombasa as a city due to its integrated urban area. The city is under the jurisdiction of boards which carry out the duties of the County Government. The various boards within the city are charged with: a) exercise executive authority as delegated by the county executive; b) ensure provision of services to its residents; c) impose such fees, levies and charges as may be authorised by the county government for delivery of services by the municipality or the city; d) promote constitutional values and principles; e) ensure the implementation and compliance with policies formulated by both the national and county government; f) make bye-laws or make recommendations for issues to be included in bye-laws; g) ensure participation of the residents in decision making, its activities and programmes in accordance with the Schedule to the Act; and h) exercise such other powers as may be delegated by the county executive committee. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-5 Zamconsult Consulting Engineers February 2017 This Act identifies the importance of consulting with the county council and its departments for the proposed project in order to get opinions and recommendations for the successful implementation of the project. In addition, the County Council will be part of the operation of the proposed project. 3.1.9 The Physical Planning Act (CAP 286) 2010 Under the Physical Planning Act, physical development activities are supposed to be carried out according to the physical plans. The Act provides for the preparation and implementation of physical development plans and for related purposes. It gives provisions for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use and development of land. Accordingly, the processes of physical planning involve two stages; the plan making stage and the development control stage. The former involves drawing up the actual plan to indicate the various activities and zones whereas the latter involves the process of determining applications by developers to carry out specific development activities. Section 36 states “if in connection with a development application a local authority is of the opinion that proposals for industrial location, quarries, trenching and excavation or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environment impact assessment report”. The site layout plans appended to this report show the project area locations. The proponent shall secure all mandatory approvals and permits as required by the law. 3.1.10 The Wayleaves Act Cap 292 Way Leaves Act (Cap. 292) Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever provided it shall not interfere with any existing building or structures of an ongoing activity. Notice, however, will be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per section. Finally, section 8 states that any person without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs. The proposed pipelines will pass through existing road reserves which in essence is a wayleave on its own. The road reserve has an allowance for services including water pipelines. 3.1.11 Public Roads and Roads of Access Act Cap 399 This is an act of parliament that gives power to the various roads boards that control the activities within the roads and road reserves. However, there is a new bill known as the Kenya Roads Bill of 2015 will replace this law. 3.1.12 Valuers Act Cap 532 The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-6 Zamconsult Consulting Engineers February 2017 composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap 280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. 3.2 WORLD BANK SAFEGUARD POLICIES 3.2.1 The Bank's Operational Policy 4.12: Involuntary Resettlement This is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. 3.2.2 Operational Policy (OP/BP) 4.11: Physical Cultural Resources The objective of this policy is to assist countries in preserving physical cultural resources and avoiding their destruction or damage. PCR are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious (including graveyards and burial sites), aesthetic, or other cultural significance. PCR may be located in urban or rural settings, and may be above ground, underground, or under water. The cultural interest may be at the local, provincial or national level, or within the international community. This policy applies to all projects requiring a category A or B environmental assessment, project located in, or in the vicinity of recognized cultural heritage sites. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices 3.2.3 World Bank Policy on Access to Information, 2010 The World Bank policy on access to information sets out the policy of the World Bank on public access to information in its possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and took effect on July 1, 2010. This Policy is based on five principles:  Maximizing access to information.  Setting out a clear list of exceptions.  Safeguarding the deliberative process.  Providing clear procedures for making information available.  Recognizing requesters’ right to an appeals process. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-7 Zamconsult Consulting Engineers February 2017 In disclosing information related to member countries/borrower in the case of documents prepared or commissioned by a member country/borrower (in this instance, safeguards assessments and plans related to environment, resettlement, and indigenous peoples, OP/BP 4.01, Environmental Assessments, OP/BP 4.10, Indigenous Peoples, and OP/BP 4.12 Involuntary Resettlement); the bank takes the approach that the country/borrower provides such documents to the Bank with the understanding that the Bank will make them available to the public. 3.3 GAPS BETWEEN KENYAN POLICIES AND WORLD BANK POLICIES ON RESETTLEMENT AND RECOMMENDATIONS Both the Kenyan and World Bank Policies on land acquisition related impacts allow for land acquisition. However, operational differences exist between both documents as follows: -  While the GoK Policy legally allows for land acquisition and thus causes displacement, the World Bank Safeguards favour a policy of avoidance or minimization of involuntary resettlement and design appropriate mitigation provision in case avoidance or minimization is not possible.  While the Kenyan system has no provision for resettlement and actually allows for compensation for land at market rates, the World Bank’s Operational Policy- OP 4.12 emphasizes that affected people be provided with compensation at replacement cost and supported during the transitional period to improve or at least restore their living standards to pre-displacement levels.  The Kenya system recognizes only title holders as bonafide property owners while under OP 4.12, lack of legal title is no bar in extending assistance and support to those affected by the investments. This is sumarised in the table below, with recommendations given for bridging the gaps Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-8 Zamconsult Consulting Engineers February 2017 Table 3-1: Summary of Gaps between Kenyan and World Bank Policies giving recommendations on how to bridge the Gaps General Requirements World Bank OP 4.12 Kenyan Policy Comparison Recommendation Involuntary resettlement Involuntary resettlement may The Kenyan Policy does not Resettlement issues considered at should be avoided wherever occur as a result of projects stipulate that resettlement should the design stage of the project in possible, or minimized, implemented in public interest. be avoided wherever possible; on order to avoid/ minimize exploring all alternatives. the contrary, as long as a project is resettlement. for public interest, involuntary resettlement is considered to be inevitable. Resettlement programs should The Land Act, 2012 Act outlines Both policies are similar be sustainable, include procedures for sensitizing the meaningful consultation with affected population to the project affected parties, and provide and for consultation on benefits to the affected parties. implications and grievance procedures. Displaced persons should be The Land Act 2012 guarantees the Just and fair compensation as Implement World Bank OP 4.12 assisted in improving right to fair and just compensation outlined in the Land Act 2012 is policy - displaced should be assisted livelihoods etc., or at least in case of relocation. not clear and can only be in improving their livelihood to pre- restoring them to previous determined by the National Land project status. levels. Commission which can be subjective. It is does not talk about improving livelihood or restoring them to pre-project status. Consultation World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation Displaced persons should be The Land Act outlines procedures Both Policies are similar meaningfully consulted and for consultation with affected Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-1 Zamconsult Consulting Engineers February 2017 should have opportunities to population by the National Land participate in planning and Commission and grievance implementing resettlement management procedures. programs Grievance World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation For physical resettlement, Land Act 2012 clearly outline the Kenyan legislation meets OP4.12 appropriate and accessible steps and process for grievance requirements. grievance mechanism will be redress that includes alternative established. dispute resolution, re-negotiation with NLC and is backed by the judicial system through Environmental and Land Court Eligibility Criteria World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation the policy determine eligibility The Land Act 2012 provides that Kenya’s Land Law defines Ensure ALL users (including illegal as: written and unwritten official or eligibility as both formal (legal) squatters, labourers, rights of a) those who have formal legal customary land right are and informal (customary) owners access) of affected lands are recognized as valid land right. of expropriated land. However, it included in the census survey and rights to land (including customary and traditional rights The Law provides that people does not specifically recognize all are paid recognized under the laws of eligible for compensation are users of the land to be those holding land tenure rights compensated. the country); b) those who do not have Land Act also recognizes those The constitution of Kenya on the other hand recognizes ‘occupants formal legal rights to land at the who have interest or some claim in of land’ who do not have title and time the census begins but have the land such pastoralist or who a claim to such land or assets— use the land for their livelihood. who the state has an obligation to Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-2 Zamconsult Consulting Engineers February 2017 provided that such claims are The constitution recognizes pay in good faith when recognized under the laws of ‘occupants of land even if they do compulsory acquisition is made. the country or become not have titles’ and payment made recognized through a process in good faith to those occupants of identified in the resettlement land. However, this does not plan (see Annex 10 A, para. include those who illegally 7(f)); and19 acquired land c) those who have no recognizable legal right or claim to the land they are occupying The procedure for determining Land Act 2012 provides for census Both policies are similar eligibility through NLC inspection and valuation process Measures World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation Preference should be given to Legislation provides for land for Land for Land provided for in the Ensure that all alternative options land based resettlement land compensation but the Land Land Act but act not specific on are considered in preference to strategies for displaced persons Act 2012 does not state whether when it should applied except providing cash compensation. whose livelihoods are land- preference should granted to land when the affected person choses to based. to land compensation. receive land to land award. Cash based compensation Land Act 2012 appears to prefer Cash based compensation seems Use World Bank OP4.12 procedures should only be made where (a) mode of compensation by the to be the preferred mode of in determining form of land taken for the project is a Government to the affected awarding compensation to the compensation small fraction of the affected population. affected population by asset and the residual is Government of Kenya economically viable; (b) active markets for lost assets exist and Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-3 Zamconsult Consulting Engineers February 2017 there is sufficient supply of land and housing; or (c) livelihoods are not land-based. World Bank OP4.12 Article The Land Act talks of prompt, just Just compensation as stipulated in Implement prompt and effective 6(a) requires that displaced and full compensation before the the Land Act not yet specifically compensation at full replacement persons are provided with acquisition of land. However, defined. cost for the losses of the assets. prompt and effective interpretation of just Land Act very clear on attorney Implement World Bank policy on compensation at full compensation is yet to be clearly fees that it is not included. OP 4.12 Attorney’s fees. replacement cost for losses of outlined through a specific includes those cost as part of full assets attributable directly to schedule defining just and fair replacement the project. If physical compensation have not been put in relocation is an impact, place. displaced persons must be provided with assistance during relocation and residential Attorney’s fees, cost of obtaining housing, housing sites and/or advice or cost incurred in agricultural sites to at least preparing and making written equivalent standards as the claim not included in just previous site. Replacement cost compensation 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. Compensation and other The Act is does not out rightly OP4.12 requires that displacement Ensure that ALL resettlement assistance required for stipulate assistance for relocation must not occur before all options are agreed on with PAPs and relocation should be but can be interpreted that necessary measures for put in place BEFORE displacement determined prior to resettlement are in place, i.e., of affected persons. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-4 Zamconsult Consulting Engineers February 2017 displacement, and preparation relocation cost will be included in measures over and above simple and provision of resettlement the compensation. compensation sites with adequate facilities, where required Valuation World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation With regard to land and Valuation is covered by the Land Though one could argue that there Apply the World Bank OP4.12 structures, “replacement cost” Act 2012 and stipulates, as already is some form of consistency valuation measures, as outlined in is defined as follows: mentioned, that the affected between the Kenyan Law and Section 6, in order to fully value all person receive fair and just World Bank OP.4.12, affected assets in a consistent compensation from NLC, as interpretation of ‘just and fair manner. determined by National Land compensation has not be defined. Commission. Valuers Act stipulates that a residual amount of 0.5% of the total valuation of an asset is expected to pay the valuer. For agricultural land, it is the Land Act 2012 talks of fair and Interpretation of just and fair Apply World Bank OP4.12 on pre-project or pre- just compensation for the lost compensation not clear valuation and compensation displacement, whichever is assets but it is not specific of the measures. higher, market value of land of exact amount or procedures on the equal productive potential or same. use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-5 Zamconsult Consulting Engineers February 2017 For houses and other structures, The Land Act 2012 stipulates just Interpretation of just and fair Apply World Bank OP4.12 on it is the market cost of the and fair compensation. compensation not clear. valuation and compensation materials to build a replacement procedures. structure with an area and quality similar to or better than those of the affected structure, or to repair a partially 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. Monitoring World Bank OP 4.12 Kenyan Policies Comparison Comparison and Recommendation Adequate monitoring and According to Land Act can be Both Kenyan Law and World Implement as prescribed in the evaluation of activities to be undertaken County Land Boards. Bank policy advocates for World Bank OP4.12 and Kenyan undertaken. Monitoring and Evaluation Law. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 3-6 Zamconsult Consulting Engineers February 2017 4 CENSUS AND SOCIO-ECONOMIC SURVEYS A socio-economic survey and census was conducted in the project area. The primary objectives of the surveys are, among others, to understand the scale and nature of project impacts on local communities, identify Project Affected Persons (PAPs) and map out their social and economic characteristics, obtain information necessary for the preparation of this Resettlement Action Plan (RAP), establish indicators for the implementation of the RAP, and provide baseline data for monitoring and evaluation of livelihoods and income restoration and other sustainable development components of the RAP. In order to obtain information needed for entitlement and compensation payments for lost assets, a detailed inventory of all assets affected by the project was undertaken. In this Chapter, findings of the census and socioeconomic sample surveys are presented. 4.1 POPULATION DYNAMICS AND HOUSEHOLD CHARACTERISTICS OF PAPS 4.1.1 Sex of Household Heads The PAP population is made up of predominantly male headed households accounting for 31% of the total population. The distribution is shown in the figure below: Figure 4-1: Sex of PAP Household Heads 4.1.2 Marital Status of the Household Head Half of the PAP population’s marital status is unknown due to the unavailability of some PAPs and the fact that some PAPs were identified as institutions. However, rest of the population’s marital status is shown figuratively below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-1 Zamconsult Consulting Engineers February 2017 Figure 4-2: PAPs Marital Status 4.1.3 PAP Gender Ratio The PAPs in the project area are generally evenly split between males and females. These results are shown in the chart below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-2 Zamconsult Consulting Engineers February 2017 Figure 4-3: Male: Female ratio of PAPs in the project area 4.1.4 PAP Literacy Levels Majority of the PAP population is literate with only about 8% having not received any education, indicative of an urban setting. The literacy levels of the project PAPs are shown in the charts below: Figure 4-4: PAP literacy levels Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-3 Zamconsult Consulting Engineers February 2017 4.1.5 Economic Activity of the Household Head Being that all of the pipelines are located within an urban area, the major economic activities include business and formal employment. Other economic activities in the project area are indicated in the chart below: Figure 4-5: Economic Activity of the Household Head The economic activities among gender is summarized in the chart below: Figure 4-6: Household Economic Activity by Gender Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-4 Zamconsult Consulting Engineers February 2017 The above chart shows that males dominate the formal employment and crop farming fields. However being that the pipelines pass through the road reserves, majority of the PAPs identified were business owners, the male business owners were 58% and the female business owners were 42% of the population. Based on the above economic activities, the income levels of the households are as follows: Figure 4-7: PAP Income Levels The earning patterns distributed among male and female headed households are shown in the chart below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-5 Zamconsult Consulting Engineers February 2017 Figure 4-8: Household Incomes according to Gender 4.1.6 Religion The known PAPs in the project area are predominantly Christian. The other religions are Islam as shown in the chart below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-6 Zamconsult Consulting Engineers February 2017 Figure 4-9: PAP Religion Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 4-7 Zamconsult Consulting Engineers February 2017 5 IMPACTS ON PROJECT AFFECTED PERSONS The impacts of the project particularly on the PAPs/PAHs of the project are highlighted in this chapter. Apart from showing the nature, magnitude and types of impact, the description and analysis presented in this chapter serve other purposes: first it serves as the basis on which the valuation and compensation of assets lost by the PAHs is undertaken. Second, various income restoration and improvement strategies formulated in this RAP are partly based on the assessment of the severity of the impact and loss of assets by different categories of PAPs. In addition to individual households, the project also affects the assets of few public institutions and community-group assets. These are summarized in the table below: Table 5-1: Summary of Affected PAPs and PAHs Identified Identified Total Household Institutional Unknown Total PAPs No Pipeline PAHs PAHs PAHs PAHs WMW 02 1 &04 3 0 2 5 14 26 2 WMW 03 5 1 0 6 30 3 WMW 05 6 3 5 14 17 4 WMW 08 3 0 2 5 52 5 WMW 12 9 1 0 10 1 6 WMW 16 0 1 0 1 4 7 WMW 17 0 4 0 4 65 8 WMW 18 15 0 13 28 1 9 SMW 01 0 0 1 1 63 10 SMW 04 10 0 0 10 4 11 SMW 07 1 0 2 3 4 12 SMW 10 1 0 3 4 10 13 NMW 04 2 5 3 10 35 14 NMW 07 13 4 7 24 15 15 ISW 02 4 2 0 6 TOTAL 72 21 38 131 341 Out of the 131 households identified, 38 had their owners’ unknown. The Consultant attempted to establish names of the affected, by “triangulation” i.e., asking other affected persons; community leaders and representatives; and independent agents. The Consultant was able to identify some of the affected persons using the above method, however the 38 owners could not be identified. The assets of the 38 were identified and recorded in the RAP, and word left for the owners to attend the public consultation meetings held in December. In addition, the affected households will be identified and verified during the RAP verification exercise with the assistance of the LRCC and SCRCC established in accordance to chapter 10 of this report. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 5-1 Zamconsult Consulting Engineers February 2017 The number of households and the types and amount of household assets affected: structures, businesses, fences and trees is as follows; 5.1 IMPACT ON LAND The proposed pipelines will be located within the road reserves of various roads as such there will be no land acquisition for this project. 5.2 IMPACT ON STRUCTURES Being located within the road reserves of roads within an urban setting, majority of the structures were business premises and accesses to these premises: A summary of the PAHs with structures is shown below: Table 5-2: Affected Households with Structures PAHs with PAHs PAHs with Semi- PAHs with with Temporary Permanent Permanent Other Total PAHs No Pipeline Structures Structures Structures Structures Structures WMW 02 1 &04 2 0 3 0 5 2 WMW 03 4 0 0 1 5 3 WMW 05 0 0 0 0 0 4 WMW 08 3 1 0 0 4 5 WMW 12 9 0 0 0 9 6 WMW 16 0 0 0 1 1 7 WMW 17 0 0 0 4 4 8 WMW 18 12 9 0 2 23 9 SMW 01 0 0 0 1 1 10 SMW 04 0 1 2 0 3 11 SMW 07 0 0 0 3 3 12 SMW 10 0 0 0 3 3 13 NMW 04 0 0 0 9 9 14 NMW 07 1 1 0 15 17 15 ISW 02 2 1 0 3 6 TOTAL 33 13 5 42 93 5.3 IMPACT ON TREES AND CROPS Some of the pipelines will affect a few trees belonging to individuals along the road reserves. The tree owners are summarized in the table below. Table 5-3: Affected Households with Trees No Pipeline PAHs with Trees 1 WMW 02 &04 0 2 WMW 03 0 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 5-2 Zamconsult Consulting Engineers February 2017 No Pipeline PAHs with Trees 3 WMW 05 1 4 WMW 08 0 5 WMW 12 0 6 WMW 16 0 7 WMW 17 1 8 WMW 18 1 9 SMW 01 0 10 SMW 04 6 11 SMW 07 0 12 SMW 10 0 13 NMW 04 0 14 NMW 07 0 15 ISW 02 0 TOTAL 9 5.4 IMPACT ON FENCES AND GATES Some PAHs’ fences have encroached to the road reserve, since the pipelines will pass through the road reserves, as such there will be interference with some of these fences. The PAHs identified are summarized in the table below: Table 5-4: Households identified with Fences and Gates No Pipeline PAHs with Fences and Gates 1 WMW 02 &04 0 2 WMW 03 0 3 WMW 05 2 4 WMW 08 0 5 WMW 12 0 6 WMW 16 0 7 WMW 17 1 8 WMW 18 3 9 SMW 01 1 10 SMW 04 2 11 SMW 07 0 12 SMW 10 0 13 NMW 04 3 14 NMW 07 2 15 ISW 02 0 TOTAL 14 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 5-3 Zamconsult Consulting Engineers February 2017 5.5 IMPACT ON BUSINESS AND LIVELIHOOD Majority of the PAHs identified by this RAP were business owners, common to the urban settings in the Country. The PAHs identified are summarized in the table below: No Pipeline PAHs with Businesses 1 WMW 02 &04 3 2 WMW 03 4 3 WMW 05 7 4 WMW 08 4 5 WMW 12 10 6 WMW 16 0 7 WMW 17 0 8 WMW 18 15 9 SMW 01 0 10 SMW 04 4 11 SMW 07 1 12 SMW 10 2 13 NMW 04 2 14 NMW 07 13 15 ISW 02 2 TOTAL 67 5.6 IMPACTS ON PUBLIC ASSETS AND COMMUNITY INSTITUTIONS the pipelines will affect a few institutions including 2 mosques, 3 churches, 10 petrol stations, 1 government workshop, 1 Contractor’s camp and 2 hotels within the respective areas. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 5-4 Zamconsult Consulting Engineers February 2017 6 CONSULTATIONS – PERSONS, AGENCIES & PUBLIC 6.1 LEGAL REQUIREMENTS 6.1.1 Policy on Public Consultation Both Kenyan and World Bank Policies emphasize the importance of public consultation, both within the PAPs and stakeholders. The Consultant conducted both key informant interviews and public consultation to sensitize all stakeholders and get feedback on the proposed project. 6.2 PERSONS OR AGENCIES CONSULTED The key issues associated with the establishment of a treatment works, pump houses, water tanks and placement of pipelines will often relate to land-take, biodiversity, pollution, disruption of livelihoods, community safety, traffic management, communicable diseases and employment and trade opportunities. Effort was not spared to contact all with information on the following issues: o Assessment of the baseline conditions o Consideration of feasible alternatives o Requirements under Kenya country laws and regulations, applicable international treaties and agreements o Protection of human rights and community health, safety and security (including risks, impacts and management of project’s use of security personnel) o Land Ownership issues within the project site o Settlement patterns within the project area o Sustainable development options with regard to resettlement o Land acquisition and involuntary resettlement o Impacts on affected communities, and disadvantaged or vulnerable groups o Cumulative impacts of existing projects, the proposed project, and anticipated future projects o Consultation and participation of affected parties in the design, review and implementation of the project o Efficient production, delivery and use of energy o Pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. As such a cross-section of persons were consulted in Mombasa and Kwale Counties as indicated by the following consultation registers in tables 5-1. Table 6-1: Persons met during the RAP study in planning the Proposed Water Supply Project No. Name Office Designation Contacts 1 Mr. Francis Mombasa County Officer +254721820335 Kombe Water, Environment, and Natural Resources Office 2 Abdi Ibrahim Mombasa County County Executive +2547250190 Abdi Lands, Planning, Member Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 6-1 Zamconsult Consulting Engineers February 2017 and Housing Department 3 Mr William Mombasa County EIA officer +254726537061 Opiyo NEMA offices 4 Chief Said Ministry of Interior Chief Kisauni +254726681135 Shume and Co-ordination 6.2.1 Overview from the Officer – Mombasa County Government Water, Environment and Natural resources Office. The Consultant briefed the Environmental officer on the project to bring the county government up to speed on the project. The Environmental officer made recommendations for consultations with key stakeholders within the County, to ensure that all stakeholders were aware and had accepted the project. He added that projects that would displace people would have to be treated following the correct procedures to ensure seamless transitions and resettlement. The Consultant noted their recommendations and would include them in the report. 6.2.2 Overview from the County Executive Member Mombasa County Lands, Planning and Housing Department. The County Executive Member welcomed the team to Mombasa, stating that Mombasa is one of the few counties to have prepared a financial plan for all development projects within the County. He presented copies of these to the Consultant, stating that all the development projects were summarized in the plan, including improvements to the water supply within the County including reverse osmosis to ensure Mombasa’s reliance on its own sources of water instead of getting it from other counties. 6.2.3 Overview from the EIA Officer NEMA. The EIA officer welcomed the Consultant to Mombasa, appreciating the need for the project, stating that Mombasa was having water shortages throughout the County. The EIA officer acknowledged that an ESIA and license had been given for the project as such a new ESIA was not necessary. 6.2.4 Overview from the Chief Kisauni. The Chief welcomed that Consultant to Kisauni stating that the area was experiencing a major water shortage and was happy that there was hope of remedying this. He however made the following recommendations in order to completely eradicate the water shortage problem in Mombasa: i. Removal of the existing asbestos pipe along the old Malindi Road (the Consultant explained that the pipeline was actually being replaced within this project as line 04) ii. Increase in the storage capacity at Nguu Tatu Reservoir by the construction of new water tanks, and iii. Provision of a dedicated water mains from Baricho instead of the pipeline that serves Kilifi as well. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 6-2 Zamconsult Consulting Engineers February 2017 6.3 PUBLIC CONSULTATION The Consultant carried out public consultation in the form of a consultative meeting where, the Consultant presented the project to the local community, comprised of stakeholders, including representatives of the current residents of the project areas, project affected persons among others. The Consultant held meetings in Mombasa West Mainland, Mombasa South Mainland, Mombasa North Mainland and Mombasa Island on the 15th and 16th of December 2016, minutes, photos and an attendance sheet of the meeting are presented in appendix 16.2. During this meeting, the Consultant highlighted the project, its features, its impacts on PAPs, the eligibility criteria, the valuation methods used for affected assets, grievance redress procedures and monitoring and evaluation procedures and a verbal notification of the cut-off date given. In addition, feedback from the attendees and input for inclusion in the report and RAP process. 6.3.1 Findings of the meetings The meetings included a presentation by the Consultant on the proposed works, the various environmental and social impacts that may arise from the project including resettlement along the pipelines. The consultant however pointed out that the Designers had tried their very best to minimize resettlement and that the proposed pipelines would be located within road reserves. She highlighted the mitigation measures for all the impacts in accordance to the RAP. She also disclosed the features of the RAP.. Being a public consultation meeting, feedback from the stakeholders was obtained with majority of the stakeholders approving of the project stating that it was long overdue. However, majority of the participants highlighted the importance of having a proper working delivery, maintenance and billing system at MOWASCO to ensure that all residents receive adequate water at reasonable prices. 6.4 COMMUNICATION AND DISCLOSURE The proponent will publicly disclose this RAP, in English and in Kiswahili which is the local language, where need be and make copies available and distribute with a letter accompanied to local government authorities concerned. This could be done by: a) publishing it on proponent’s website; b) depositing/posting it in a range of publicly accessible places such as, village elders’ offices and community squares where they could be protected and not abused. In addition, the proponent will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets. Once this RAP is disclosed, the public have to be notified both through administrative structures and informal structures about the availability of the RAP documents and also be requested to make their suggestions and comments. The final approved RAP will be made available in easily accessible locations in or near the affected project areas. Once disclosed in country, the proponent will authorize the World Bank to disclose at its Info-shop in Washington DC. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 6-3 Zamconsult Consulting Engineers February 2017 7 ELIGIBILITY CRITERIA AND ENTITLEMENT MATRIX This section of the report identifies the categories of the PAPs eligible for compensation for losses that will be incurred during the project construction and implementation. 7.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION 7.1.1 Cutoff Date The practical Cut-off Date for implementation of the RAP which is the date the census or the socioeconomic survey was initiated, that is 19th of December 2016. No structure established, fence, trees and businesses established in the Project-Affected Area after 19th of December 2016 shall be eligible for compensation. 7.1.2 Eligibility Assets, including structures, fences, trees and businesses, which were surveyed in the Project- Affected Area by the Cut-Off Date are eligible for compensation. People residing in the Project-Affected Area by the Cut-Off Date are eligible for compensation even if they have no legal tenure (encroachers). 7.1.3 Entitlements Matrix The table below highlights the different entitlements of the PAPs Figure 7-1: Eligibility Criteria Affected Asset Eligibility Conditions Entitlements Structures on the way leave If them and a witness can Replacement Cost of within the road reserve prove ownership of the Structure structure. Trees on the way leave If them and a witness can Replacement cost of mature within the road reserve prove ownership of the trees tree (fruit, commercial, and crops. indigenous and medicinal) and assistance in establishing a new tree. Fences along the proposed If them and a witness can Replacement Cost of fence way leave within the road prove ownership of the fence and an allowance to move reserve the gate Businesses on the way leave If them and a witness can Livelihood compensation and within the road reserve prove ownership of the comprising of 3 months’ business business income The witness that can be used include the area Chief, Area Assistant Chief and Village Elders Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 7-1 Zamconsult Consulting Engineers February 2017 7.2 VALUATION OF AND COMPENSATION FOR LOSSES The valuation technique used was the replacement cost in order to ensure that various businesses, structures and buildings, trees fences were appropriately valued where necessary. This was done to help establish the compensation packages for PAHs. Valuation can simply be defined as the art or science of establishing the value (worth) of a particular interest in property for a specific purpose and at a particular moment in time; taking into considerations all the features of the property also considering all the underlying factors of the market. The following is therefore the valuation methods used on the different affected items. 7.2.1 Valuation for loss of Structures The main structures identified include permanent, semi-permanent, temporary and other structures (which include cabro driveways, signboards and verandas). All of these were valued at the full replacement cost. The areas of the various structures, number of floors and materials used were all employed in obtaining the values of structures. The total number of PAHs with structures are 93 with valued assets worth K.Shs. 8,873,796.49 7.2.2 Valuation for Loss of trees and crops All the pipelines will be located within the road reserve as such it is recommended that tree owners be issued with notices to cut them. the trees will be valued at the replacement cost of harvesting a mature tree, as well as a provision for replanting the tree. The crops and trees were valued based on the aforementioned allowance. For trees the type of tree and its age was considered during the valuation process. The trees were valued based on a mature tree. The total number of PAHs with trees for the pipelines is 9 with a value of K. Shs. 168,000.00. 7.2.3 Valuation of Fences The project will affect some of the boundary fences and gates along the road reserve. These fences were classified as: Live Fence (fence comprised fully or partly of some vegetation); permanent fence (including wall fences and barbed wire fence); corrugated iron sheet fences; barbed wire and electric fences. The value of compensation was computed per unit area of fences based on possible cost of replacement of the fences. Gates were valued based on the cost of moving the gates and reinstallation away from the project area. The RAP identified 14 PAHs with fences and gates valued at K.Shs. 669,517.50. 7.2.4 Valuation for Loss of Business/Livelihood The project will affect several businesses along the pipeline routes along the roads. The compensation for businesses was valued based on the income from the business, the monthly incomes were multiplied by 3 months to facilitate compensation. The business owners identified were 67 with a compensation value of K.Shs. 3,814,500.00. 7.2.5 Valuation for Disturbance The entitlement for disturbance was valued as percentage of the total entitlement for the different aspects of the project. The percentage employed in this RAP is 15% of the entitlement costs. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 7-2 Zamconsult Consulting Engineers February 2017 7.3 MODE OF PAYMENT OF PAPS After the ownership and valuation of affected assets are determined, compensation of the PAHs will occur. The compensation should be done so as to ensure all members of the households (including wives and adult children) are aware of the compensation. This will be done so as to ensure that all PAPs benefit from the compensation. Local administration i.e. chiefs and village elders will be used to ensure that all PAPs benefit from the compensation. The administration knows each of the affected PAPs and will be able to ensure that all decision-making household members are aware and present during any payments. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 7-3 Zamconsult Consulting Engineers February 2017 8 INCOME RESTORATION AND SOCIAL DEVELOPMENT MEASURES This chapter highlights the various measures in place in order to ensure livelihoods are restored for all affected parties. The project will not permanently displace any households; however, businesses, trees and fences will be affected, which will be compensated to the valuation standards described in chapter 7.2. 8.1 VULNERABLE GROUPS These are made up of distinct groups of socially distressed people who might suffer disproportionately from the effects of resettlement. These were, women headed households, the poorest (based on the poverty line), the disabled and elderly. The Consultant encountered only 7 households with vulnerable members, who will have their assets affected by the project. These vulnerable group was identified as 4 female headed households headed by elderly widows and three households having members living with a disability. Fortunately, the displacement won’t be permanent as the affected wayleave can be used for establishment of small businesses, using temporary structures that can easily be moved in case of maintenance activities once the pipelines have been placed with the condition that residences will have to allow for the maintenance of the lines when the need arises. This group of people will be eligible for special assistance for example assistance by the Contractor in removing the structure or fence in a manner that salvages the material and possible rebuild of the assets. The LRCC will assist in this exercise by procuring the labour to carry out the works, and this activity being overseen by the Resident Engineer and CWSB. In addition to the harvesting, the Consultant also proposes that the vulnerable group have access to water via a connection from MOWASCO, after the laying of the pipelines. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 8-1 Zamconsult Consulting Engineers February 2017 9 RAP IMPLEMENTATION SCHEDULE The proposed time frame for the resettlement process is estimated to begin immediately after the completion of the design and last the duration of the project. This takes into account important variables such as creation of awareness on of the potential impacts and resolution of conflicts/grievance and cash flow from the financier. Time schedule and summary of activities is presented in the Table 9.1. 9.1 RAP IMPLEMENTATION DURATION The Consultant has proposed that the RAP be implemented before the Construction process begins. However, proposes that grievance redress and monitoring of the resettlement activities be continuous throughout the construction process. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 9-1 Zamconsult Consulting Engineers February 2017 No. ACTIVITY MONTH 1 (December 2016) MONTH 2 MONTH 3 MONTH 4 MONTH 5 MONTH 6 MONTH 7 MONTH 8 D-1 Preparation of Draft and Final RAP Report 1 Field Data Collection and Analysis 2 Disclosure of RAP Report 3 Audit of the RAP report to verify PAP and compensation details 4 Signing of compensation and relocation assistance agreements 5 Resolution of conflicts and Grievances Payment of compensation to PAPs and facilitation of relocation 6 7 Issuance of notices for relocation 8 Monitoring of the resettlement activities 9 Site Confirmation Survey Consultant's Report Client's Approval and comments of preceeding report Duration for Review or Production of the Report Figure 9-1: Proposed Activity for RAP Implementation for the Project Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 9-2 Zamconsult Consulting Engineers February 2017 10 GRIEVANCE REDRESS MECHANISMS 10.1 INTRODUCTION The proposed project will slightly infringe on peoples’ right to property and/or livelihood and readjustment to new life conditions as such the resettlement process is bound to elicit grievances from the PAPs or from other interested parties. It is therefore imperative to have a workable grievance redress mechanism to take care of any such disputes arising from the resettlement so that they do not have an adverse effect on the project. This chapter briefly outlines a mechanism for settling the anticipated disputes. This procedure will not replace the existing legal system for dealing with grievances, however the PAPs will be persuaded to use the proposed mechanism, and make use of the legal redress as a last resort at their own cost. 10.2 POSSIBLE SOURCES OF GRIEVANCES Some of the issues that may elicit disputes in the resettlement process include:  Failure to understand the essence of the project and the need for the proposed resettlement  Clerical errors in data entry that leads to delays in processing of compensation for the PAPs  Emerging issues such as change in estate administration of affected properties causing delays to payment of compensation  Disputed ownership of an affected asset particularly where documentation is not reliable  Unavailable PAPs during the census, who have been identified wanting to have a say in the compensation  Rejection of a compensation award considered not adequate and representative of market value  Handling of cultural issues where there are no clearly agreed precedents such as relocation of graves or payment for compensation in a polygamous marriage 10.3 COMMITTEES INVOLVED IN THE GRIEVANCE REDRESS PROCESS AND THE MANAGEMENT PROCESS 10.3.1 Sub-County Resettlement and Compensation Committee (SCRCC) The SCRCC will be in charge of administration of the grievance procedure at the project level. The SCRCC will be established at the Sub-County level for each sub-county for each of the pipeline sections i.e. Mombasa North Mainland, Mombasa West Mainland, Mombasa South Mainland and Mombasa Island, which involves impact on assets. The SCRCC will be made up of: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-1 Zamconsult Consulting Engineers February 2017  Representative of NLC, as the chair of SCRCC to grant legitimacy to the acquisition and resettlement process and ensure that legal procedures as outlined in Land Act 2012 and World Bank policies are adhered to.  Representatives of CWSB and MOWASCO as the acquiring institution interested in the ‘settled’ land and benefiting from the acquisition and resettlement process.  The County administration representative, which will provide the much needed community mobilization, and political support to the project and to the process of resettlement  Sub-County Land Survey Officer to help with survey works and demarcation of way leave to be acquired.  The Sub-County Gender and Social Development Officer which will be responsible for livelihood restoration programs.  The Sub-County Lands Registrar Office will help with validation and verification of the documentation provided by the affected persons.  Two PAP representative from Location Resettlement Committee – act as voice for the PAPs  NGOs and CBOs locally active in relevant fields to ensure effectiveness, fairness, just compensation, and transparent process in the whole acquisition process. 10.3.2 Locational Resettlement and Compensation Committees (LRCCs) These committees will be based in each administrative location. It will be established by SCRCC through PAPs consultative meetings chaired by a representative of implementing agency (CWSB). S/he will be assisted by the locational chief, who is the government local representative at the location. The LRCC will act as the voice of the PAPs and will work under guidance and coordination of SCRCC in handling PAPs’ grievances. The LRCC will be meeting in the local chief’s office and will be made up of:  The locational Chief, who is the Government administrative representative at the locational unit and who deals with community disputes will represent the Government in LRCC  Assistant Chiefs, who support the locational Chief and Government in managing local community disputes in village units will form membership of the team.  Female PAP, elected by women PAPs, will represent women and children related issues as regards resettlement and compensations  Youth representative, elected by youths, will represent youth related concerns in the LRCCs  Vulnerable persons representative, will deal and represent vulnerable persons issues in the LRCC.  Business representative, will represent business people concerns in LRCC  CBO representatives 10.3.3 The Grievance Management Process The overall process of grievance management will be as follows:- i. During the initial stages of the valuation process, the affected persons will be given copies of grievance procedures as a guide on how to handle the grievances. This will include who to contact (a phone number, address and location, time) as well as type of grievances they can refer to this committee. These procedures will be made available at the Chief’s office where they can be distributed to the PAPs. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-2 Zamconsult Consulting Engineers February 2017 ii. The process of grievance redress will start with registration of the grievances to be addressed for reference at the locational level through LRCC. In all instances, records will be kept to enable progress updates of the cases. iii. Traditional local mechanisms will be used and will include local leaders and the affected persons trying to find a solution with the concerned parties. iv. In cases where a solution cannot be found at the locational or LRCC level reference will be made to the SCRCC. v. These will ensure transparency, fairness, consensus building across cases, eliminate nuisance claims and satisfy legitimate claimants at low cost. vi. The response time will depend on the issue to be addressed but all measures will be put in place to ensure efficiency, vii. Once the grievance is addressed and agreement reached, the compensation will be paid to the PAPs. 10.4 GRIEVANCE REDRESS PROCEDURE The Grievance redress will be the functions of the LRCC and SCRCC committees. All the grievances will be channeled to the Locational Resettlement and Compensation Committee. A grievance log will be established by SCRCC and copies of the records kept by both LRCC and SCRCC to be used for monitoring of complaints. The grievance redress mechanisms are designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. If LRCC cannot adequately address the grievance, then reference will be made to SCRCC who shall strive to address the grievances raised. If a complaint pattern emerges, the implementing agencies which are CWSB and MOWASCO, SCRCC, and LRCC will discuss possible remedial measures. The above institutions will be required to give advice concerning the need for revisions of procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. CWSB, MOWASCO, SCRCCs, LRCCs and the local leaders will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins. The procedure for managing grievances under will be as follows: 1) The affected person will file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the LRCC, through a complaints box placed at the local chief’s office or physically to a member of the LRCC . The grievance note should be signed and dated by the aggrieved person. A selected member of the Committee will act as the Project Liaison Officer (PLO) who will be the direct liaison with PAPs. 2) The PLO will be working in collaboration with the other LRCCs and SCRCC, and will be a member an independent NGO in the locality to ensure transparency and fairness in the process grievance address. Where the affected person is unable to write, the PLO will write the note on the aggrieved person’s behalf. Any informal grievances will also be documented by the Project Liaison officer. The note should be embossed with aggrieved person’s signature or thumbprint. A sample grievance form is provided in table 10-1 below. A copy of this completed form should be submitted by the Project Liaison Officer to SCRCC. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-3 Zamconsult Consulting Engineers February 2017 Table 10-1: Table Showing a Sample Grievance Form RAP Reference No. Contact Information Address: Please mark how you wish to be Telephone: - contacted (mail, telephone, e- mail) Email: - Preferred Language for English Communication (Please mark how you wish to be contacted) Kiswahili National Identity Number Description of Incident or Grievance: What happened? Where did it happen? Who did it happen to? What is the result of the problem Date of Incident/ Grievance One time incident/ grievance (date----------------) Happened more than once (How many times--------) Ongoing (Currently experiencing problem………….) What would you like see happen to resolve the problem? Signature: ………………………… Date: ………………………………. Please return this form to: RAP COMMITTEE Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-4 Zamconsult Consulting Engineers February 2017 3) The Project Liaison Officer and the LRCC will consult to determine the validity of claims. If valid, the Committee will notify the complainant that s/he will be assisted and a response will be given in the due time. 4) The LRCC will meet and respond within 14 days during which time any meetings and discussions to be held with the aggrieved person will be conducted. If the grievance relates to valuation of assets, a second or even a third valuation will be undertaken, at the approval of SCRCC until it is accepted by both parties. These should be undertaken by separate independent valuers than the person who carried out the initial valuation. The more valuations that are required to achieve an agreement by both parties, the longer the process will take. In this case, the aggrieved person must be notified by the Project Liaison Officer that his/her complaint is being considered. 5) If the complainant’s claim is rejected by the Committees, the Project Liaison Officer will assist the aggrieved person to take the matter to the SCRCC. The SCRCC will look at the complaint raised by the PAPs and provide direction, explanation and a response. Sometimes, it will necessitate the aggrieved person to present him or herself to SCRCC to explain him/herself. All efforts will be made to try and reach some consensus with the complainant. 6) If the aggrieved person does not receive a response or is not satisfied with the outcome by SCRCC within the agreed time, s/he may lodge his/her grievance to the Sub-County Land Office, also mandated to help resolve such matters). If requested, or deemed necessary by the project Committee, the Project Liaison Officer will assist the aggrieved person in this matter. 7) Where the matters cannot be resolved through local routes, the grievance will be referred to courts. The SCRCC will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible. After the process, a grievance resolution form will be filled in order to document the resolution made. A sample of the form is provided below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-5 Zamconsult Consulting Engineers February 2017 Table 10-2: Sample of a Grievance Resolution Form Sample Grievance and Resolution Form Name (Filer of Complaint): __________________________________ ID Number: __________________________________ (PAPs ID number) Contact Information: __________________________________ (Village; mobile phone) Nature of Grievance or Complaint: ___________________________________________________________________________ ___________________________________________________________________________ ______ Date Individuals Contacted Summary of Discussion ____________ __________________ ___________________________ Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint :__________________________( if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution Date of Conciliation Session: ______________________________________ Was Filer Present? : Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ___________________________________________________________________________ ___________________________________________________________________________ ______ Summary of Conciliation Session Discussion: _____________________________________________________________ ___________________________________________________________________________ ______ Issues _______________- ______________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: ___________________________________________________________________________ ___ Signed (Conciliator):______________________ Signed (Filer): ___________________ Signed: _________________________ Date: ________________________ Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-6 Zamconsult Consulting Engineers February 2017 The Project Liaison officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. This will be done via a grievance log which will also contain a record of the person responsible for an individual complaint, and records dates for the following events:  Date the complaint was reported;  Date the grievance log was uploaded onto the project database;  Date information on proposed corrective action sent to complainant (if appropriate);  The date the complaint was closed out; and  Date response was sent to complainant.  Nature and type of grievances being raised The entire grievance redress procedure can be sumarised in the figure below A PAP files grievance with the PLO LRCC determines the issue and communicates decision Grievance within 14 days resolved No further action Grievance forwarded to the SCRCC and communicates Grievance No further Action within 7 days resolved Unresolved grievances referred to the Environment and Land Court Figure 10-1: Figure Showing the Dispute Resolution Procedure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 10-7 Zamconsult Consulting Engineers February 2017 11 ORGANISATIONAL RESPONSIBILITIES The organizational structure elaborates on the role of various stakeholders in administering the RAP. It further clarifies the role of PAPs and their responsibility in the exercise in relation to the stakeholders. Table 11.1 shows the various institutions and their role in the implementation of the RAP. Table 11-1: Institutional Roles in RAP Implementation Name of Institution Role of Institution Ministry of Water and Irrigation Will be an overall implementing agency. (MOWI) Central agency responsible for holding all information on the RAP. Mobilization of financial resources from Government/ County Governments for resettlement and compensation purposes of the approved RAP. CWSB & MOWASCO Responsible for day to day coordination and implementation of the RAP Oversee the RAP consultant’s work Seek approval from NLC for the acquisition of way leave. Work with the NLC to establish the SCRCC and LRCCs. Provide budget to NLC for compensation Establish the SCRCC and LRCCs operations. Make funding request from MOWI for RAP implementation and compensation through NLC. Ensure the grievance committees are established and working. Collect all the needed documentation for compensation as well as grievances and compiling them Monitor the RAP implementation. National Land Commission Provide approval to request made by CWSB and MOWASCO to acquire wayleave. Notify landholders in writing of the intention to acquire way leave. Assist in resolving disputes related to compensation Undertake public consultation on intended acquisition with the help of SCRCC. Receive money from MOWI for actual payment of entitlement awards to PAPs. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 11-1 Zamconsult Consulting Engineers February 2017 Sub-County Resettlement and Ensure effective flow of information between NLC and Compensation Committees PAPs (SCRCC) Coordinate Locational Resettlement and Compensation Committees (LRCCs), validate inventories of PAPs and affected assets; monitor the disbursement of compensation funds; guide and monitor the implementation of relocation Coordinate activities between the various organizations involved in relocation; facilitate grievance and conflict resolution; and provide support and assistance to vulnerable groups. Conducting extensive public awareness and consultations with the affected people so that they can air their concerns, interests and grievances. Resolve disputes that may arise relating to resettlement process. If it is unable to resolve any such problems, will channel them through the appropriate formal grievance procedures laid out in this RAP. Assist with the livelihood restoration Locational Resettlement and Conduct extensive public awareness and consultations Compensation Committee with the affected people. (LRCC) Help ensure that local concerns raised by PAPs as regards resettlement and compensation among others are promptly addressed by relevant authorities. Assist the effective working of RAP consultants in preparation and validation of the RAP Resolve manageable disputes that may arise relating to resettlement and compensation process. If it is unable to resolve, help refer such grievances to the SCRCC. Ensure that the concerns of vulnerable persons such as the disabled, widowed women, orphaned children affected by the project are addressed and included in the RAP. KeNHA, KURA KeRRA, County Provision of technical support in resettlement, including Roads Office road reserve issues Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 11-2 Zamconsult Consulting Engineers February 2017 12 MONITORING AND EVALUATION A monitoring and evaluation (M&E) program is required to be developed to provide feedback to project management which will help keep the programs on schedule and successful. Monitoring provides both a working system for effective implementation of the RAP by the project managers, and an information channel for the PAPs to assess how their needs are being met. In reference to the monitoring of this particular RAP, the SCRCC will assist in compiling basic information related to compensation and send them to the CWSB as part of the monthly monitoring. Some of the information which will be collected at the SCRCC level will include: time to gauge the performance of the:-  Length of time from project identification to payment of compensation to PAPs;  Timing of compensation in relation to commencement of physical works;  Amount of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind);  Number of people raising grievances in relation to each project investment;  Number of unresolved grievances.  Number of vulnerable people assisted.  Number of livelihoods restored and types of the livelihood restoration CWSB will make this information available all stakeholders including the World Bank. The implementing agencies will directly monitor compensation as undertaken by NLC. In addition there will be external monitoring and evaluation, which will be carried out for all other RAPs carried out under KWSDP. This will be done by an independent consultancy/agency. Information will be collected via survey, interviews and focus group discussions with the affected communities. The data for these indicators will be collected every six months during the RAP implementation by the implementing agency which is CWSB, SCRCC and an independent NGO working in the area to ensure triangulation of data. LRCCs will also assist with collection of monitoring data of the RAPs implementation. Financial records will be maintained by NLC and CWSB to permit calculation of the final cost of resettlement and compensation per individual or household and they will be included in the monitoring report. The statistics will also be provided to the external independent consultant/agency that will be contracted on an annual basis to monitor the implementation of the RAPs. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 12-1 Zamconsult Consulting Engineers February 2017 13 RAP COSTS AND BUDGETS This chapter highlights the various costs of entitlements for the various pipelines as well as the costs for monitoring and evaluation. 13.1 COST OF ENTITLEMENTS 13.1.1 Entitlement for Structures The Total Entitlement for structures for all the pipelines is K.Shs. 8,873,796.49 and is distributed among the pipelines as follows. Table 13-1: Summary of Structure Owners’ Entitlement Entitlement for Structures PAHs with Structures No Pipeline (K.Shs.) 1 WMW 02 &04 5 694,480.00 2 WMW 03 5 381,120.00 3 WMW 05 0 375,480.00 4 WMW 08 4 201,290.00 5 WMW 12 9 278,100.00 6 WMW 16 1 42,876.00 7 WMW 17 4 1,009,500.00 8 WMW 18 23 992,320.00 9 SMW 01 1 3,150.00 10 SMW 04 3 2,040,000.00 11 SMW 07 3 175,010.49 12 SMW 10 3 169,870.00 13 NMW 04 9 1,124,900.00 14 NMW 07 17 840,000.00 15 ISW 02 6 545,700.00 TOTAL 93 8,873,796.49 13.1.2 Entitlement for Trees The total entitlement for tree owners is K. Shs. 168,000.00 which is distributed in the pipelines as shown below: Table 13-2: Summary of Tree Owners' Entitlement No Pipeline PAHs with Trees Entitlement for Trees (K.Shs.) 1 WMW 02 &04 0 - 2 WMW 03 0 - 3 WMW 05 1 9,000.00 4 WMW 08 0 - 5 WMW 12 0 - 6 WMW 16 0 - Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-1 Zamconsult Consulting Engineers February 2017 No Pipeline PAHs with Trees Entitlement for Trees (K.Shs.) 7 WMW 17 1 9,000.00 8 WMW 18 1 3,000.00 9 SMW 01 0 - 10 SMW 04 6 147,000.00 11 SMW 07 0 - 12 SMW 10 0 - 13 NMW 04 0 - 14 NMW 07 0 - 15 ISW 02 0 - TOTAL 9 168,000.00 13.1.3 Entitlements for Fences The total entitlement for fences is K.Shs. 669,517.50 which is distributed in the pipelines as shown below: Table 13-3: Summary of Fence Owners' Entitlement No Pipeline PAHs with Fences Entitlement for Fence (K.Shs.) 1 WMW 02 &04 0 - 2 WMW 03 0 - 3 WMW 05 2 105,100.00 4 WMW 08 0 - 5 WMW 12 0 - 6 WMW 16 0 - 7 WMW 17 1 80,000.00 8 WMW 18 3 71,242.50 9 SMW 01 1 30,000.00 10 SMW 04 2 6,675.00 11 SMW 07 0 - 12 SMW 10 0 - 13 NMW 04 3 - 14 NMW 07 2 376,500.00 15 ISW 02 0 - TOTAL 14 669,517.50 13.1.4 Entitlements for Businesses (Loss of Livelihood) The total entitlement for business owners is K.Shs. 3,814,500.00 which is distributed in the pipelines as follows: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-2 Zamconsult Consulting Engineers February 2017 Table 13-4: Summary of Business Owners' Entitlement Entitlement for Business No Pipeline PAHs with Businesses (K.Shs.) 1 WMW 02 &04 3 192,000.00 2 WMW 03 4 255,000.00 3 WMW 05 7 465,000.00 4 WMW 08 4 138,000.00 5 WMW 12 10 735,000.00 6 WMW 16 0 - 7 WMW 17 0 - 8 WMW 18 15 645,000.00 9 SMW 01 0 - 10 SMW 04 4 132,000.00 11 SMW 07 1 15,000.00 12 SMW 10 2 120,000.00 13 NMW 04 2 210,000.00 14 NMW 07 13 735,000.00 15 ISW 02 2 172,500.00 Total 67 3,814,500.00 13.1.5 Entitlement for Disturbance 15% of the entitlement for each household is provided for the disturbance that will be as a result of the pipelines. The total cost for disturbance is K.Shs. 2,049,272.10 and is distributed in the pipelines as follows. Table 13-5: Summary of Disturbance Entitlement PAHs Entitled to Disturbance Allowance 15% No Pipeline Disturbance Allowance (K.Shs.) 1 WMW 02 &04 5 132,972.00 2 WMW 03 6 95,418.00 3 WMW 05 14 143,187.00 4 WMW 08 5 50,893.50 5 WMW 12 10 151,965.00 6 WMW 16 1 6,431.40 7 WMW 17 4 164,775.00 8 WMW 18 28 256,734.38 9 SMW 01 1 4,972.50 10 SMW 04 10 348,851.25 11 SMW 07 3 28,501.57 12 SMW 10 4 43,480.50 13 NMW 04 10 220,635.00 14 NMW 07 23 292,725.00 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-3 Zamconsult Consulting Engineers February 2017 PAHs Entitled to Disturbance Allowance 15% No Pipeline Disturbance Allowance (K.Shs.) 15 ISW 02 6 107,730.00 TOTAL 130 2,049,272.10 13.1.6 Total Entitlements The total entitlement for the project is K. Shs. 15,575,086.08, which is illustrated in the table below for each of the pipelines: Table 13-6: Summary of Entitlement for each pipeline No Pipeline PAHs Entitlement (K.Shs.) 1 WMW 02 &04 5 1,019,452.00 2 WMW 03 6 731,538.00 3 WMW 05 14 1,097,767.00 4 WMW 08 5 390,183.50 5 WMW 12 10 1,165,065.00 6 WMW 16 1 49,307.40 7 WMW 17 4 1,263,275.00 8 WMW 18 28 1,968,296.88 9 SMW 01 1 38,122.50 10 SMW 04 10 2,674,526.25 11 SMW 07 3 218,512.06 12 SMW 10 4 333,350.50 13 NMW 04 10 1,555,535.00 14 NMW 07 23 2,244,225.00 15 ISW 02 6 825,930.00 TOTAL 130 15,575,086.08 In addition, the entitlement per type of asset is also summarized as shown below: Table 13-7: Summary of Entitlements per Asset Category No Asset Type Total Entitlement (K.Shs.) 1 Business/Livelihood 3,814,500.00 2 Structures 8,873,796.49 3 Fences and Gates 669,517.50 4 Trees 168,000.00 5 Disturbance Allowance 2,049,272.10 TOTAL 15,575,086.08 In addition the summary of the PAPs and their contact Numbers are provided in the table below: Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-4 Zamconsult Consulting Engineers February 2017 Table 13-8: Table showing PAP names and contact numbers Pipeline No. No. Name Telephone No. of HH Head WMW 02&04 1 Nicolas Kyalo 0716360638 2 Baraka Shop 0 4 Mulwa Mwaniki 0711842533 5 Muthuri 0702805239 6 Mwenda 0726546813 WMW 03 1 Eunice Mwauda 0701387981 2 Helen Ndani 0717774577 3 David Otieno 0721549687 4 Katunga Kialo 0725596246 5 Getrude A Sulwe 0 6 Changamwe Workshop 0 WMW 05 1 George Okombo 0723936832 2 Holy Cross Catholic Church 0 3 Pub Gruford 0 4 Nashon Mureithi 0711439937 5 0 0 6 Agape Worship Church 0 7 0 0 8 Cool Pub 0 9 Isaiya Gura 0711650114 10 Damaris Muthio Mutunga 0727160419 11 Pascaline Nthoka 0711405376 12 Benjamin Mwololo 0720306016 13 Elizabeth Munyiva 0717307395 15 Blessed Living Home Church 0 WMW 08 1 0 0 2 Ruth Ndunge Kasina 0 3 Raso Lazarus 0706169453 4 Mama Mbotela 0721600399 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-5 Zamconsult Consulting Engineers February 2017 Pipeline No. No. Name Telephone No. of HH Head 5 Judy Mwango 0727533910 WMW 12 1 Mwendee Peter 0725566034 2 Beatrice Mala 0726175619 3 Joseph Oweso Kasimba 0734754817 4 Thomas Musumba 0727889698 5 Leah Matano 0708898562 6 Florence Mwikali 0728096286 7 Sailas Ingosi 0725640193 8 Ruben Kimwela 0708076584 9 Gateway in Filling Station 0739514612 10 Joy Makenda 0712881700 WMW 16 1 Shell Filling Station 0715638239 WMW 17 1 Pentum Gas Station 0 2 Total Changamwe 0726701162 3 Kenol 0 4 Petrocity 0 WMW 18 1 Maureen Mtindi Wambua 0722478226 2 Anold Oliver 0722384916 3 Alice Marura 0726860157 4 Diana Dasowa 0 5 Benta Mutua 0720246669 6 Nancy Mweni 0 7 Ismail Msunye 0725481130 9 George Olado 0 10 0 0 11 0 0 12 Abiba Mohammed Bakari 0720849643 13 Muthoni 0712447997 14 Charles K. Rono 0702855234 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-6 Zamconsult Consulting Engineers February 2017 Pipeline No. No. Name Telephone No. of HH Head 15 James Karisa Charo 0714465750 16 Jumaa Mwinyi 0792694116 17 Julius Mutie 725225581 18 0 0 19 Jonathan Mutie 0712951048 20 Josephat Kamau 0716931780 21 0 0 22 0 0 23 Berita 0 24 0 0 25 0 0 26 0 0 27 0 0 28 0 0 29 0 0 SMW 01 1 0 0 SMW 04 1 Rama Salim Mwakosa 0728244480 2 Mwanahamisi Mwinyihaji 0790741793 3 Mohamed Hassan Mnyetto 0733461080 4 Masoud Ali Mwakileo 0722742417 5 Ali Mwangomba 0796136059 6 Juma Mwalimu Gute 0704137240 7 Fatuma Suleiman Tsala 0722901637 8 Mohamed Suleiman Salim 0704679171 9 Rama Abdallah Raisi 0728627012 10 Rashid Kibwana Mwatsuluka 0728580417 SMW 07 1 Nasra Abdi 0729598817 3 0 0 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-7 Zamconsult Consulting Engineers February 2017 Pipeline No. No. Name Telephone No. of HH Head 4 0 0 SMW 10 1 Nasra Abdi 0729598817 2 0 0 3 0 0 4 0 0 NMW 04 1 Alitimami 0722893416 2 Mercella Miyumo 0733906455 3 Gapco Petrol Station 0 4 Rahma 0722277824 5 Sky Lounge 0 6 0 0 7 Safari Petrol Station 0 8 Royal Pub 0 9 Serena Beach Hotel 0 10 Mombasa Continental Resort 0 NMW 07 1 Westcon Contractors 0 2 Imu Juma Mohamed 716701949 3 Beatrice 720518302 4 Evan Mwangi 724410656 5 0 0 6 Maimuna Askul 791014764 7 Nuru Said 712740134 8 Masjid Hudaa Madrasa 0 amburi 9 Alamin Salim 722486376 10 Eslimil Mugo 727271340 11 Mama Grace 723538625 12 John Odhiambo 718126895 13 Susan Njeri 726056957 14 Severino Mwithi 721617916 15 Ahmed 0 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-8 Zamconsult Consulting Engineers February 2017 Pipeline No. No. Name Telephone No. of HH Head 16 Frankline Mutua 723031046 17 Nuru Mubaredi 0 18 Nicolus Michubu 722635247 19 0 0 20 Masjid Rahma Mosque 0 21 0 0 22 Ahmed Rashid 722789789 23 Muhamad Abdalla 723602928 24 Bassawad Filling Station 0 ISW 02 1 Petro Filling Station 0726855194/0730300064 2 Masjid Memon Villa Mosque 0 3 John Manzi 0721221941 4 Faris Ahmed 0722232877 5 Abubakar Ahmed 726564620 6 Ahmed Al-Amoddy 0 13.2 RAP IMPLEMENTATION BUDGET The RAP implementation budget is a function of the total entitlement cost and requisite administrative costs required to implement the plan. These were estimated at 10% of the entitlement cost. A further 10% of the resulting amount was considered for contingencies in the budget and other factors such as inflation. This brings the total budget of this RAP to K.Shs. 18,845,854.16 as shown in Table 13.8 below: Table 13-9: Summary of RAP Implementation Budget No. RAP Item Cost (K.Shs.) 1 Total Entitlement Costs (including 15% Disturbance) 15,575,086.08 2 RAP Administration Cost (10)% of Entitlement Cost) 1,557,508.61 3 Allowance for Inflation and Contingencies 1,713,259.47 TOTAL RAP IMPLEMENTATION COST 18,845,854.16 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 13-9 Zamconsult Consulting Engineers February 2017 14 CONCLUSIONS AND RECOMMENDATIONS The proposed project will affect approximately 130 Households made up of 341 PAPs who will lose their assets. In order to mitigate the negative impacts of resettlement, the following recommendations are made:  Any planned displacement of the project affected persons be undertaken after compensation payments have been made before any construction activities are done and in accordance with the prevailing law.  Compensation should not only follow the replacement cost, but should also be associated with comprehensive consultations and negotiations with PAPs so as to minimize grievances  The project affected persons to be given adequate notice to relocate their assets. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 14-1 Zamconsult Consulting Engineers February 2017 15 REFERENCES Republic of Kenya, Water Act (2002), Government Printer, Nairobi The Constitution of Kenya 2010 The Land Act, No. 6 of 2012 National Land Commission (NLC) Act (2012) Environment and Land Court Act (2011) The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 The County Governments Act, 2012 The Physical Planning Act (CAP 286) 2010 Valuers Act Cap 532 The Wayleaves Act Cap 292 Public Roads and Roads of Access Act Cap 399 World Bank Operational Policies Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 15-1 Zamconsult Consulting Engineers February 2017 16 APPENDICES 16.1 RAP HOUSEHOLD QUESTIONNAIRE Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-1 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-2 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-3 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-4 Zamconsult Consulting Engineers February 2017 16.2 PUBLIC CONSULTATION SUMMARY 16.2.1 Public Consultation Minutes Minutes of the Public Consultation Meeting at Likoni Social Hall (South Mainland) on 15th Dec 2016 at 10.00 am 1) Present • Marion Orina - Zamconsult Consulting Engineers (Consultant) • Joyce Mutinda - CWSB representative • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • The District Officer • Athman - Chief Shika Adabu • Said J Kandy - Assistant Chief Likoni • Hassan A Salim - Assistant Chief Likoni • General Public 2) Introductions The meeting started at 10.00am and was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant to give her presentation. 3) Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. She stated that this was a RAP review of the RAP previously done in 2013. She explained that the project involved replacement and augmentation of current water supply system. The project would maintain the road reserve. She further described all the project sites within the South Mainland locality. The consultant outlined that the whole project is known as the Mombasa Lot 2B pipelines Project. She stated that CWSB intended to put up new pipelines as well as to replace some of the old lines within the Coastal region as a way to rehabilitate and improve the existing water supply system. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Fortunately, the pipelines project intended to stick within the road reserve hence very few people had been identified as PAPs since there was minimal encroachment within the road reserve area. She outlined that the cut-off date for the RAP exercise was 19th of December 2016. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by CWSB before any negotiations/compensation can be done. 4) Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the project. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-5 Zamconsult Consulting Engineers February 2017 Q1.Shahib inquired if the quantity of water would increase with the increase in the bulk water lines. He also suggested that new storage facilities be installed to cater for mishaps in the source or sections of the system. The consultant responded by stating that the existing source is from Marere. In addition, she stated that there is an ongoing Pemba dam project to augment the Marere springs in serving Mombasa. Furthermore, the leakages were being dealt with through replacement which was projected to save the water lost. Finally, she stated that the main storage was in Kayabombo, which had adequate storage to meet the increase. Q2.Juma Boma from Timbuani inquired if the trenches that were being dug at the moment were part of this project. In addition, he stated that there were many other projects that were ongoing and inquired if they were part of this project. He finally asked who would take the responsibility of any property affected during the construction phase of the project. The consultant responded by stating that currently, CWSB and MOWASCO were undertaking various water pipelines in the region under other projects including WaSSIP 1, adding that this was a new project known as KWSDP which would be rehabilitating and replacing other pipelines The consultant stated that there was an existing Grievance redress mechanism to the current contractors, resident engineer’s office in addition to site meetings to address any complaints during construction period. Q3.Pastor Nicholas Ogomba from Timbuani inquired if there was a probability of a mix- up among all the responsible persons in the implementation of these projects whereby some of the contractors would claim a payment for a job that they did not do The consultant stated that the water act from the national government had the guidelines i.e. CWSB, ministry and MOWASCO with various mandates. For instance, CWSB is for bulk water supply; MOWASCO is for distribution of water. She stated further that MOWASCO operates in conjunction with the county in implementing its duties. Q4.Bwengo Hassan from Timbuani inquired what would happen to those who have personal lines and are affected by the trenching. He also recommended water kiosks to help those unable to pipe water to their homes. Additionally, he inquired about offices to address any complaints or opinions from the public. The consultant stated that anything that the contractor broke had to be replaced and hence they should address such complaints immediately to the grievance redress mechanism (chief, resident engineers etc.) as long as these pipes are not illegal connections; Furthermore, she stated that water kiosks were not part of the mandate of the CWSB hence such would be addressed by MOWASCO since that was the organisation dealing with operations. However the consultant would propose the recommendations in their report to CWSB Q5.Pastor Melchizedek Anyumba from mtongwe stated that the section from Kona mpya to Mtongwe has never had water for decades hence they need projects to cater for them. He also inquired for clarifications on what the Consultant also explained that a RAP verification process would be done by CWSB before any negotiations/compensation could be done was the problem despite having NYS and other organisations there. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-6 Zamconsult Consulting Engineers February 2017 The consultant responded by stating that the old pipe was currently being replaced as a manner to improve the water supply. Currently there are some 2 lines already being proposed to cater for the areas that lacked water. Q6.Mariam Balozi from Timbuani inquired if the proposed pipe would not continue past corner at Shelly beach. She further asked for ways to help citizens at the central children within the project scope. The consultant explained that the proposed line would not go past the corner at Shelly Beach, since there was an existing line at that point which was in good working condition, she added that the proposed water line was intended to increase the flow to all these lines including the one beyond the corner, by augmenting the flow. The Consultant added that she would forward the comments about assisting the central children to the Client for them to include it in their corporate social responsibility activities. 5) Conclusion The Consultant stated that she would forward all the people’s comments, feedback and recommendations to the relevant authorities. She also stated that she would include all that was discussed in the meeting in her report to the World Bank. In addition, it was concluded that the people had accepted the project and that it was long overdue. The meeting ended at 12.30pm with a word of prayer. Minutes of the Public /Consultation Meeting at Mary’s Changamwe on 15th Dec 2016 at 3pm 1) Present • Marion Orina - Zamconsult Consulting Engineers (Consultant) • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Joyce Mutinda - CWSB representative • Ryan Kithika- Chief of Kipevu Location • Lucrencia Mbashu -Chief Port Reitz Location • Omar Swaleh - Chief Kwa Hola Location • General Public 2) Introductions The meeting started at 3pm and was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant to give her presentation. 3) Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. She stated that approximately 22 kilometres of pipelines in various sites within the west mainland locality. The consultant outlined that the whole project is known as the Mombasa Lot 2B pipelines Project. She stated that CWSB intended to put up new pipelines as well as to replace some of the old lines within the Coastal region as a way to rehabilitate and improve the existing water supply system. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-7 Zamconsult Consulting Engineers February 2017 Fortunately, the pipelines project intended to stick within the road reserve hence very few people had been identified as PAPs since there was minimal encroachment within the road reserve area. She outlined that the cut-off date for the RAP exercise was 19th of December 2016. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by CWSB before any negotiations/compensation can be done. 4) Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the project. Q1.Juma Moses from Changamwe stated that he supported the project. He further forwarded a grievance about the Changamwe new flats that they already had pipes and meters but they were not receiving any water. He furthered that the old flats were receiving water but new flats did not receive. The consultant acknowledged the opinion and also stated that she would forward the grievance to the relevant authorities. Q2.Joseph Kondo from Khamisi estate in Changamwe inquired when the project was going to kick off. He also recommended that they needed a sewerage augmentation project to handle potential increase in water supply in addition to water hydrants and other water project facilities. Furthermore, he inquired if water was treated after carrying all the rust from the source. The consultant responded by stating that the Bank was treating the project as an urgent one hence there was a high possibility of construction beginning immediately after the successful planning phase of the project including the compensation of PAPs. She furthered that locals would be involved in the implementation of project. Regarding the augmentation of the sewerage project, the consultant outlined that the Kipevu treatment works as well as the sewerage network are currently in the process of augmentation in addition to unblocking and maintaining it since the existing sewage pipes were already enough but poorly maintained. She also stated that she would recommend in the consultant’s report to include the hydrants in the design. Finally, she stated that the billing system issues would be addressed to MOWASCO or recommendation to record the bill and take it to the water people. The CWSB representative added that there were treatment plants in Mazeras and Changamwe as part of the sewerage system. Q3.Athman Mohammed from Magongo began by congratulating the consultant for the public participation exercise. He asked if the chiefs and village elders were involved in the PAP verification exercise since Changamwe had many occurrences of different owners for land and structures. He also stated that there were some distribution lines going on hand in hand with the sewerage drainages hence endangering health of the public. The Consultant stated that the chiefs and locals were involved in conducting the RAP exercise. Concerning the new structures to be constructed after the RAP, the consultant stated that there was a cut-off date for the compensation beyond which new structures would Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-8 Zamconsult Consulting Engineers February 2017 not be considered. She furthered that there were special culverts/conduits for addressing water distribution concerns. Finally, she forwarded a recommendation to involve the chief in distribution of water. The area chief added that the people should fill the distribution forms adequately. Q4.Shahibu Mohammed from Matano, inquired on the manner of helping the people on the opposite side of the road since distribution of water through digging across the road was prohibited. The consultant responded by stating that MOWASCO being in charge of the distribution lines would seek assistance from the roads department to devise ways of addressing the issue. Q5.Samwel Bagine from Port Reitz inquired about the project for buying meter whereby people’s meters were removed and yet they were not replaced. He added by asking what was the purpose of new pipes if the existing pipes did not provide enough water. The consultant responded that the issue of meters was part of MOWASCO’s mandate and should be addressed in their offices. She added that the existing sources of water for Mombasa County included Tiwi, Marere, Mzima and Baricho. She also stated that there were new wells under construction in Baricho to augment the supply. Also, Mwache dam was set for construction and would hopefully augment the supply. further, Pemba dam rehabilitation was ongoing to also augment. The CWSB representative stated that the Mzima springs improvement program had not yet found a donor. Q6.Charles Oliver from Bokole inquired when the public would receive the water. He also inquired on how maintenance of the pipes could be done for instance the many leakages (Kambuki Academy) and no one is handling the repairs. The consultant responded by stating that the donor funds had to be released prior to the commencement of the project hence the date was not set. She added that MOWASCO had an existing team to try and address any grievances. She furthered that the consultant would find out how far MOWASCO had gone in creating communication channels with the public such as an emergency phone number, Facebook account Q7.Lucy Musa from Jambo stated that in 2013 water was 10/- and the water was inadequate. 2015 was characterised by high bills and no water was received. She thus asked why water in Likoni was 2/- and experienced no rationing while the Jambo side water was 5/- and there was much rationing. The consultant recommended to put everything in writing to show a paper trail of what they have done so far in filing the complaints as well as follow-up meetings. She also recommended to have a feedback mechanism to handle all grievances. Q8.Rajab Shaban stated that there were people using water pumps to pull water to the disadvantage of the rest and inquired what was being done about that issue. The consultant recommended that she would forward the complaint to the concerned authorities. 5) Conclusion The Consultant stated that she would forward all the people’s comments, feedback and recommendations to the relevant authorities. She also stated that she would include all that was Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-9 Zamconsult Consulting Engineers February 2017 discussed in the meeting in her report to the World Bank. In addition, it was concluded that the people had accepted the project. The meeting ended at 4.30pm with a word of prayer. Minutes of the Public Consultation meeting Held at Freretown CDF Hall on 16 th Dec 2016 at 9.45 am 1) Present • Marion Orina - Zamconsult Consulting Engineers (Consultant) • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Joyce Mutinda - CWSB representative • Said K. Shume- Chief of Kisauni Location • Yasmin Omar - Chief of Kongowea Location • Benard Omolo - Assistant Chief Kongowea • General Public 2) Introductions The meeting started at 9.45am and was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant to give her presentation. 3) Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. The consultant outlined that the whole project is known as the Mombasa Lot 2B pipelines Project. She stated that CWSB intended to put up new pipelines as well as to replace some of the old lines within the Coastal region as a way to rehabilitate and improve the existing water supply system. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. Fortunately, the pipelines project intended to stick within the road reserve hence very few people had been identified as PAPs since there was minimal encroachment within the road reserve area. She outlined that the cut-off date for the RAP exercise was 19th of December 2016. As such, any further developments within the project site would not be considered for compensation. The Consultant also explained that a RAP verification process would be done by CWSB before any negotiations/compensation can be done. 4) Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the project. Q1.Mohammed Rajab Kadi from Magogoni inquired on how to deal with lines that pass through people’s shambas in regards to the old Malindi Road pipelines. He further inquired on how the residents would benefit due to their informal settlement. He also commented that Kisauni majorly depends on borehole water since piped water from Baricho, Marere etc. was very poor in his neighbourhood. However, he inquired why he wouldn’t receive piped water yet there were Lorries always getting water from a pipe whose source is not clear. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-10 Zamconsult Consulting Engineers February 2017 The consultant responded by stating that the mandate of CWSB is bulk water supply hence the distribution is not part of the mandate. However, the consultant acknowledged the opinion and stated that she would forward it to the relevant authorities (MOWASCO). The consultant also provided her suggestions by stating that one of the ways to include those living in the informal settlements is by placing water kiosks. However, she stressed on the fact that MOWASCO was the organisation in charge of water distribution hence all she could do was to forward all recommendations to MOWASCO. Furthermore, the consultant stated that she would investigate the source of the water via the help of CWSB and MOWASCO to establish the reason why those fetching that water would do so to the disadvantage of the residents. Q2.Mwinyiatani Boko from Kisauni Soko Mjinga inquired for the guidelines/laws that CWSB would use in compensation since there are existing structures on top of existing lines as well as next to the power lines. He also recommended for the law to be followed and all illegally constructed houses to be destroyed. The consultant responded that no land acquisition was anticipated since the project will try as much as possible to stay within the road reserve. However, a few structures and businesses as well as a small disturbance allowance will be compensated to the PAPs. The CWSB representative added that the donors only fund the project hence the government had the mandate to compensate. Q3.Yusuf Said Barisa from Lights outlined that in Lights Matopeni, there was an existing drainage trench that people dumped solid waste hence bringing a health risk especially when it rained The consultant responded that she would forward the complaint to a roads officer Q4.Osman Mukhwana from Mtopanga inquired how the distribution would be handled as there were many existing pipes that had been set in a spaghetti manner (in no particular order) since those installing them are not experts. The consultant responded that she would recommend to MOWASCO to handle the distribution in a professional manner as well as to involve relevant stakeholders such as the village elders in implementing the new rehabilitation project. Q5.Joseph Umbo from Shauri Yako showed concern about what would happen to those receiving water from the existing asbestos pipes that were scheduled to be replaced during the replacement period. He also asked how the compensation would be handled to prevent new PAPs from cropping up. The consultant responded that all the replacement lines would be placed prior to the disconnection of the existing lines. She stated that the only disturbance would occur for a period of a few hours when the old lines are disconnected in order to connect the new lines. Regarding the PAPs, the consultant stated that there was a cut-off date for the compensation; there was also a RAP verification process that would involve chiefs and village elders hence it was highly unlikely for new PAPs to crop up. Q6.Mama Mwanaisha from Bathsheba stage inquired where the line in her area would be installed. The consultant responded by restating what she had explained in her presentation and acknowledging that the resident was covered by the project. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-11 Zamconsult Consulting Engineers February 2017 Q7.Isiakha Athman from Kisimani inquired who would bear the cost of the potential distribution of existing lines. The consultant responded that it would be done majorly by MOWASCO but the rest individual connections to people’s houses would be the mandate of the individual. Q8.Solomon Ondere from Nyali recommended that Nyali hotel lacked water. He also recommended that the chiefs and the communities should be in the know about the project through smaller meetings. The CWSB representative explained that the water problem could only be alleviated but could not be brought to an end. She furthered that Coast Water was at the moment drilling a borehole to have a dedicated line directly to Mombasa; she also stated that there was Mwache dam under construction as well as Pemba dam which would be a third source to improve water in Mombasa region Q9.Athman Hassan from Kisimani Maweni inquired on how to handle people who were openly dumping waste. He also stated that Keromat contractors were digging trenches and affecting other people downstream with shortage of water. He also inquired how that could be handled. The consultant responded by explaining the various channels through which to address complaints regarded to Keromat’s project to include the resident engineer, the chiefs as well as MOWASCO. She furthered by suggesting that the issue on open dumping could be handled by informing the municipal council to provide readily available dumping points and encouraging the public to maintain a clean and healthy environment. Q10. Benjamin Onsane from Kisimani stated that he had lacked water for a long time even after paying the bills. The consultant stated that she would forward the recommendations to MOWASCO but the concerned party should also be quick to follow up the issue through the various existing communication channels. 5) Conclusion The Consultant stated that she would forward all the people’s comments, feedback and recommendations to the relevant authorities. She also stated that she would include all that was discussed in the meeting in her report to the World Bank. In addition, it was concluded that the people had accepted the project and was long overdue. The meeting ended at 11.30am with a word of prayer. Minutes of the Public Consultation Meeting Held at Chief’s Office Railway Location on 16th Dec 2016 at 2.45 pm 1) Present • Marion Orina - Zamconsult Consulting Engineers (Consultant) • Francis Moturi - Zamconsult Consulting Engineers (Consultant) • Joyce Mutinda - CWSB representative • Shaban N. Noor - Chief of Ganjoni Location • Stephen K. Nyamu - Assistant Chief Tudor Location • General Public 2) Introductions Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-12 Zamconsult Consulting Engineers February 2017 The meeting started at 2.45pm and was chaired by the area chief, who introduced the Consultant to the attendees. He then invited the Consultant to give her presentation. 3) Presentation on Project by the Consultant The Consultant gave a presentation of the proposed project, its scope, and the laws governing the Environmental and Social Process as well as the need to conduct public consultation meetings. The consultant stated that the presentation would cover two projects being carried out, these were. the Mombasa Lot 2B pipelines and the improvements to the existing storm water outlets. She stated that CWSB intended to put up new pipelines as well as to replace some of the old lines within the Island as a way to rehabilitate and improve the existing water supply system. She further outlined the 12 outlets that are within the scope of the storm water outlets project to be at Mbaraki; Railways; Makupa; Tudor; Buxton; Nyali, Coast General, at the four existing pump stations and at the Kizingo treatment works. The Consultant explained the various impacts associated with the project, throughout the project duration (planning, construction, operation and decommissioning, including possible resettlement of Project Affected Persons (PAPs). The Consultant explained that a Resettlement Action Plan had been carried out in order to identify all the PAPs. For the outlets project, the consultant stated the two critical storm water outlets would be have resettlement of households. These were Makupa and Tudor. It is within these regions that are made up of informal settlements that several households had been identified as PAPs. Fortunately, the pipelines project intended to stick within the road reserve hence very few people had been identified as PAPs since there was minimal encroachment within the road reserve area. She outlined that the cut-off date for the RAP exercise was 19th of December 2016. As such, any further developments within the project sites would not be considered for compensation. The Consultant also explained that an ESIA activity had been carried out in the area to sensitize the public about the two proposed projects and now the meeting was being conducted so as to disseminate information on the findings of the ESIA. She further explained all the mitigation measures put in place in view of the anticipated disturbances and assured the public that in case the contractor failed to adhere with the regulations put in place, they could address their complaints to the resident engineer on the ground for relevant action to be taken. 4) Questions, Answers and Feedback The Consultant then invited the attendees to raise whatever issues they had, in order to have full knowledge on the project. Q1.Douglas Kitema from Ganjoni pointed out that there were several open manholes along the roads of the main line. He inquired what could be done to correct the situation. The consultant reiterated that she would relay the concerns to the relevant authorities and added that the storm water outlets aimed at improving the overall water and sanitation situation within Mombasa. Q2.Antomatte Ambuga from Tudor pointed out that the storm water outlets were located within informal settlements and the residents there were low income earners, she recommended that the project should look into their wellbeing, including finding alternative housing for them. The consultant agreed with the recommendation adding that the reason for carrying out the RAP was to ensure that the wellbeing of the residents was ensured, via compensation and Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-13 Zamconsult Consulting Engineers February 2017 resettlement. In addition she pointed out the measures of resettling the vulnerable in the community. Q3.Rogers Mwatate from Shimanzi stated that Shimanzi area had no water pipes and should be included in the project. The consultant outlined that this particular project was part of the broad Kenya Water and Sanitation Development Projects (KWSDP) and that CWSB had secured funds for a section of the project and that it was in the process of seeking funds for the rest of the pipelines included in the design. She however acknowledged the proposal and stated that it would be recommended in the final report. Q4.Ahmed Athman from Tononoka asked when project was scheduled to begin. The consultant stated that the project was still in the planning phase and that the World Bank was awaiting a successful completion of the Resettlement Action Plan before releasing the funds for the construction phase of the project. Q5.Martin Mabinda from Tudor inquired if the water pipes intended to be installed were main pipes or distribution lines. He further stated that Tudor had been left out in the pipeline project and also inquired where the source of the water for the pipeline project would be. The consultant pointed out that the mandate of CWSB is bulk water supply (main pipes) hence the distribution is not part of the project. She furthered that MOWASCO was the organisation in charge of the distribution. However, the consultant has acknowledged the opinion and will forward it to the relevant authorities (MOWASCO). With regards to the intake of the pipelines, the consultant stated that the source at the moment would remain the same (Baricho wells, Mzima springs, Marere springs and Tiwi boreholes). However, she stated that there are on-going improvement works on Baricho wells (3 more boreholes to be drilled) and the rehabilitation of Pemba Dam that would increase the overall supply of water into Mombasa County. Q6.Simon Bett from Shimanzi inquired if the intended pipelines would positively impact Railways location The consultant responded that the rehabilitation of the pipes that are in poor condition and the placement of new lines would bring the water supply nearer to the affected Railways location hence making it easier for the public to access it. Q7.James Oduor from Tononoka inquired if the installation of the new line would lead to those connected in the old line being disconnected. The consultant responded by stating that in all replacements, all initial connections that were legal would be reinstated at no additional cost. She furthered that all new lines to be constructed parallel to existing lines would not affect the old lines. Q8.Johnstone Omedi from Tudor inquired if those affected in the on-going water projects within the area were compensated accordingly. He further pointed out some water and sanitation issues of concern within the area such as the open trenches within the MOWASCO projects and some storm water holes within Burukenge at Buxtan posed great health danger to the public, asking how they could be dealt with. Also, he pointed out that the road in Tudor was flooded with storm water. He asked what could be done to correct the situation. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-14 Zamconsult Consulting Engineers February 2017 The CWSB representative responded by stating that the on-going projects were under a different entity, MOWASCO, and were being implemented by a contractor called Toddy. She stated that MOWASCO and CWSB operated differently since CWSB is a government parastatal while MOWASCO is under the county government. The consultant added that any complaints regarding the on-going construction project can be addressed through the Chief, the resident engineer, the contractor’s offices or MOWASCO in case the other channels do not bear fruit. In addition, she stated that she would include the grievances in the report and recommend that the issues be addressed by MOWASCO. Regarding the storm water issues in the area, the consultant stated that she would forward the recommendations to the relevant authorities. Q9.Thomas Weke from Shimanzi inquired whether the project was based in the Coastal region or in the country as a whole. He further requested for the objectives of the project. The consultant responded by stating that the project is part of the broad Kenya Water and Sanitation Development Projects (KWSDP) and that CWSB had secured funds for a section of the project which is based in the Coast region. She furthered that the government was in the process of improving the water supply in various regions within the country through addition of water sources, rehabilitation of de-commissioned pipelines and the installation of new pipelines. Q10. Japhet Kubende from Railways inquired for the extent of the pipeline project. The consultant reiterated what she had outlined in her presentation by stating all the regions that the pipeline would cover including areas that would acquire new lines and others that would need replacements. Q11. Martin Mabinda inquired if the water sector was devolved. He further asked if the water from the ocean could be purified to meet domestic standards. The consultant responded by outlining that the water act from the national government has all the guidelines of CWSB, the Ministry of Water and Irrigation and MOWASCO with various mandates. For instance, CWSB is for bulk water supply; MOWASCO is for distribution of water. MOWASCO further operates in conjunction with the county in implementing its duties. With regards to the purification of ocean water, the consultant stated that there are various methods that can be used to desalinize ocean water such as reverse osmosis. However, they are capital intensive and were not within the scope of the project. She however acknowledged the recommendation and stated that she would include it in the final report. 5) Conclusion The Consultant asked if the people were in support of the project. The locals, by a show of hands approved of the project, stating that their recommendations given in the meeting should be taken into account. The meeting ended at 4.20 pm with a word of prayer. Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-15 Zamconsult Consulting Engineers February 2017 16.2.2 List of Attendance Public Participation Attendance List LIKON SOCIAL HALL 15TH DEC 2016 Name Designation Contact Village Location Said J Kandy Asssitant Chief 0723995908 Likoni Likoni Hassan A Salim Assistant CHIEF 0732671208 Tibwani Likoni Shaib I Mwakamuna Village Elder 0729846600 Tibwani Likoni Dongo Samwel Sanga pastor 0722264706 Kundu Mtongwe Juma Boma Village Elder 0722488118 Tibwani Likoni Ali M Mwalui Village Elder 0720282554 Timbwani Likoni Bwenso H Fujo Village Elder 0786340115 Nuru Likoni Tonge R.S. Mwakwambirua Village Elder 0729561670 Nyama Likoni Rabis Hemel Village Elder 0724241783 Bagaani Likoni Salim mac Village Elder 0722502153 Bagaani Likoni Manko Marade Village Elder 0729141642 Bagaani Likoni Lucy Wambui Munyao Village Elder 0725907678 Firdaus Likoni Yusuf Bharia Village Elder 0723048569 Swabrina Tibwani Mariam S Omar Village Elder 0710669211 Firdaus Tibwani Salim Baraza Village Elder 0722745469 Tibwani Likoni Fatuma Nuri Village Elder 0727682268 Tibwani Likoni Swaleh Hamisi Nakala Village Elder 0721156132 Misufini Likoni Athumani N Tembo Village Elder 0726693385 Madungunim Likoni Hamisi Bakari Village Elder 0723671633 Mbita Tibwani Marsher Adhiambo pastor 0726844859 Timbwani Likoni Kiago Mwaniki pastor 0721925517 Mtongwe Mtongwe Nicholas Ogomba pastor 0710811837 Timbwani Likoni Levy Tella pastor 0721918862 Ujamaa Likoni Bakari Mwinyi Village Elder 0721149051 Swabrina Tibwani Rev. Benard Mutugi pastor 0727761439 Ujamaa Likoni pst. Malkizedecki Village Elder 0724227973 Mtongwe Mtongwe Samwel M Kiseli Village Elder 0710467506 Villa Peponi Tibwani Rev. Joseph Kamau pastor 0721545684 Mweza Mtongwe Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-16 Zamconsult Consulting Engineers February 2017 Public Participation Attendance List LIKON SOCIAL HALL 15TH DEC 2016 Name Designation Contact Village Location Maurice Mweta pastor 0728100137 Likoni Likoni Ali Mohamed Wisa Village Elder 0723685287 Firdaus Likoni Rocha Hinzano Village Elder 0722221527 Pentagon Likoni Environmentalist Joyce Mutinda CWSB 0722221685 CWSB Public Participation Attendance List ST. MARY'S CHANGAMWE 15TH DEC 2016 Name Desigination Contact Village Location David Mbogho Village Elder 0710187579 NHC Changamwe Ryan Kithika Chief 0717959085 NHC Kipevu Kisumu Margaret Anyango Villager 0728685930 Ndogo Kipevu Lucy K Musa Vilager 0712048945 Jambo Chaani Mariam Bwajuma Village Elder 0718254651 Jambo Chaani Asha Shaban Village Elder 0710559812 Bokole Magongo Jane Mwawughanga C.H.V 0716047635 Wayani Magongo Susan Adhiambo Village Elder 0719550168 Changamwe Changamwe Fatuma Ali CHV 0725772425 Wayani Magongo Fransisca Atieno Villager 0722229973 Changamwe Changamwe Faraji Kibwana Assistant Elder 0734759880 Changamwe changamwe Amina Hamisi Village Elder 0712436528 Kaloleni kwahola Mwanamjaka Kombo Village Elder 0724958963 Kaloleni kwahola Kisumu Christine Mwikali Village Elder 0719289948 Ndogo kwahola Samuel Aredo Village Elder 0722222692 Kwahola Port Reitz Jospine Mwango Village Elder 0728893133 Changamwe Changamwe Josephine Keno village Elder 0700762400 Changamwe Changamwe Jane K Kiminza Village Elder 0718042600 Railways Changamwe Lydia Kithera Village Elder 0721724507 Railways Changamwe Monica Okumu Village Elder 0729734967 Railways Changamwe Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-17 Zamconsult Consulting Engineers February 2017 Public Participation Attendance List ST. MARY'S CHANGAMWE 15TH DEC 2016 Name Desigination Contact Village Location Ward Abdirizack Ali Administrator 0722173115 NHC Changamwe Lucrenga Mbashu Chief 0719851643 Port Reitz Port Reitz Programs Officer- Zed Mkalla KECOSCE 0720483717 Bombolulu Kisauni Sabina Kaugi TOT- KECOSCE 0708100109 Changamwe Changamwe Omar Swaleh Chief 0722123112 Kwahola kwahola Samwel Mbagwe Village Elder 0721694103 Port Reitz kwahola Juma Moses Villager 0715763108 Changamwe Changamwe Joseph Kodo Oingo Village Elder 0700483265 Changamwe Changamwe Kisumu Mwinyifari Mwidani Village Elder 0723938296 Ndogo Kipevu Shaibu Mohamed Village Elder 0718681909 Noor Kipevu Jumaa Kbwana Village Elder 0723913887 Noor Kipevu Juma Omari Youth Leader 0728076360 Port Reitz Port Reitz Suleiman Mohamed Youth 0727622066 Magongo Port Reitz Ali Sadler Village Elder 0728067145 Magongo Port Reitz Officer Illishe Athman Mohamed Trust 0720711770 Magongo Port Reitz Matayo Abdala Village Elder 0734010289 Wayani Airport Marian Mesi Village Elder 0721436875 Magongo Airport Evalyne Kemunto Village Elder 0723423072 Londani Chaani Zuma ndewa Village Elder 0727098983 Londani Chaani Isaac Makau Chief 0727040898 Changamwe Joyce Mutinda Environmentalist 0722221683 CWSB Community Bomu Stephen oweino Ledaer 0714708896 Catholic Josephine Nzou Nyumba Kumi 0723949588 Kwahola Port Reitz Community Baraka Peter Waithaka Ledaer 0723706932 Bokole Port Reitz Eunice Odaba Village Elder 0792227378 Mwamgeni Nasoro Village Elder 0727650587 Bokole Port Reitz Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-18 Zamconsult Consulting Engineers February 2017 Public Participation Attendance List Freetown CDF Hall-16th Dec 2016 Name Designation Contact Village Location Rashid Khamis Villager 0722462542 Barani Magogoni Mwinyarini Boko Villager 0734486260 Soko Mjinga Magogoni Ousman O Mukwana Village Elder 0720709440 Mtopanga Kadzandani Bamburi Ali Mbaruk Mjibu Village Elder 0712862013 Mwisho Kadzandani Mohamed Rajab Kadi villager 0721442716 Barani South Magogoni Zuhura Salim Mwakidu Villager 0733893637 Bamburi Bamburi Siti J Mwinyi Villager 0713280307 Barsheba Kisauni Mwinyi M Said Village Elder 0716119985 Sokoni Kongowea Yasmin Omar Chief 0729010391 Kongowea Kongowea Benard Omolo Assistant Chief 0710755571 Maweni Kongowea Damary Obanda mama maendeleo 0708207335 Kongowea Kongowea Modesta Mwake Villager 0728952865 Nyali Links Road Mwanaisha Said Village Elder 0722855743 Nyali Barisheba Kennedy youth 0706865017 Nyali Kisimani Daudi Ali youth 0716612436 Nyali Kisimani Athmani Hassar Village Elder 0726344919 Nyali Kisimani Beja Mwenzano Village Elder 0701715651 Nyali Kisimani Lashika Athman Villager 0710985496 Community Solomon Ondere Poilcing officer 0707977358 Nyali Shauri yako Yusuf S Baolisha Villager 0776161044 Nyali Matopeni Mohamed Salim Village Elder 0734120749 Mnazi Moja Kongowea Joseph M Mumbo Village Elder 0726475977 Shauri Yako Kongowea Kisumu Clement Wasike Village Elder 0722351217 Ndogo Kongowea Youth Kisumu Maryline Nekesa representative 0704980796 Ndogo Kongowea Mohamed Daran Village Elder 0723357367 Bamburi Kisauni Said K Shome Chief 0726681135 Kisauni John Thoya Village Elder 0721162729 Freetown kisauni Dorine Wakuo Villager 0712576401 Freetown Kisauni Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-19 Zamconsult Consulting Engineers February 2017 Public participation Attendance list Mombasa County; Railways Location on 16th December 2016 Name Designation Contact Vilage Ahamed Athman Youth Leader 72649600 Tononoka James Oduor Youth Leader 72544559 Tononoka Antomatte Ambuga Village Elder 728372904 Manyimbo Tudor Eddah Charles youth 720935378 Shimanzi Munupi Japeth Nyumba Kumi 737499115 Shimanzi Thomas Weke G.H.V 716328467 Shimanzi Kifi Chisenga Village Elder 723719470 Tononoka Maunwa Garbell Village Elder 725132302 Shimanzi Otieno Walter Youth 791007515 Shimanzi Yvonne Otieno Youth 791213748 Shimanzi Benjamin Muringe Village Elder 725897434 Shimanzi Jonathan Village Elder 728473410 Kiziwi Douglas M Kitomoi Village Elder 716265333 Tudor Stephen Mwangi Manwa Village Elder 721760996 Shimanzi Simeon Magwaro Village Elder 717226673 Shimanzi Rodgers Mwatate Village Elder 781215195 Shimanzi Simon K Bett Village Elder 723222156 Shimanzi Scholastica Kadenge youth 720935378 Shimanzi Johnstone Omedi Village Elder 71563535 Tudor Martin Mwabinda Village Elder 723267471 Tudor Robert N Mwathi Village Elder 703640265 Shimanzi Brenda A Awiti Youth 703962766 Shimanzi Rashid Suleiman Bakari Village Elder 727103416 Ganjoni Shaban N Ndoro Chief 721527702 Ganjoni James Henry Omindo Chief 722318729 Ganjoni Christoper Wagila Chief 721320168 Ganjoni Silas Wamalwa Chief 712069813 Ganjoni Joseph Musyoki Chief Ganjoni Matilda Akinyi Village Elder 723215318 Shimanzi Stephen K Nyamu Assistant Chief 725403375 Tudor Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-20 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-1 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-2 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-3 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-4 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-5 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-6 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-7 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-8 Zamconsult Consulting Engineers February 2017 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-9 Zamconsult Consulting Engineers February 2017 16.2.3 Public Consultation Meeting Photos Figure 16-1: Public Consultation Meeting Likoni Figure 16-2: District Officer Addressing Participants Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-1 Zamconsult Consulting Engineers February 2017 Figure 16-3: Stakeholder Feedback during Meeting in Changamwe Figure 16-4: Public Consultation Meeting in Changamwe Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-2 Zamconsult Consulting Engineers February 2017 Figure 16-5: Consultant making Presentation in Mombasa Island Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-3 Zamconsult Consulting Engineers February 2017 Figure 16-6: Feedback from one of the Participants in Mombasa Island Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-4 Zamconsult Consulting Engineers February 2017 16.3 PAP PHOTOS 16.3.1 West Mainland Pipelines Photos 1) Line 4 Mulwa mwaniki Shop Muthuri’s Shop Baraka Shop Fredrik Shop Mwenda Shop 2) Line 3 Changamwe Workshop Eunice Mwaunda House Helen Ndani House Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-5 Zamconsult Consulting Engineers February 2017 David Otieno house Katunga Kialo House Getrude Sulwe House 3) Line 5 George Okombo Buliding Holy Cross Catholic Church Signpost Pub Gruford Fence Nashon Mureiti Structure Unknown PAP Structure Agape Workshop Church Cool Pub Structure Isaiya Gura Structure Damaris Muthio Shop Pascaline Nihora Shop Benjamin Mwololo Shop Elizabeth Muturu Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-6 Zamconsult Consulting Engineers February 2017 Salome Stores Blessed Living Church gate 4) Line 8 Unkown PAP Structure Ruth Ndunge Structure Roso Lazaras Structure Mama Mbotela Structure Judy Mwango Structure 5) Line 17 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-7 Zamconsult Consulting Engineers February 2017 Pentium Gas Station Kenol Petrol Station Petrocity Petrol Station 6) Line 12 Mwende Peter Structure Beatrice Mala Structure Joseph Oweso Structure Thomas Musumba Structure Leah Matano Structure Reuben Kimweta Gateway Petrol Station Joy Makenda Structure 7) Line 18 Maureen Mutindi Structure Anold Oliver Structure Alice Marura Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-8 Zamconsult Consulting Engineers February 2017 Benta Mutua Structure Nancy Mweni Structure Ismail Msunye Structure George Olado Structure Abib Mohamed Structure Muthoni Structure Charles Rono Structure James Karisa Structure Juma Mwinyi Structure Julius Mutie Structure Johonathan Mutie Structure Joseph Kamau Structure Unknown PAP structure Berita Structure Unknown PAP Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-9 Zamconsult Consulting Engineers February 2017 Unknown PAP Structure Unknown PAP Structure Unknown PAP Structure Unknown PAP Structure Unknown PAP Structure 16.3.2 Mombasa Island Pipelines 1) Line 2 Petro Filing Station Masjid Memonvilla Mosque John Manzi Structure Faris Ahamed Structure Abubakar Ahmed Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-10 Zamconsult Consulting Engineers February 2017 16.3.3 North Mainland Pipelines 1) Line 7 Westcon Contractors Cabro Imu Juma Structure Beatrice Structure Evan Mwangi Verandah Unknown PAP Structure Maimuna Askul Structure Masjid Hudaa Madrasa wall Alamin Salim Structure Esumil Mugo Structure Mana Grace Structure John Odhiambo Structure Susan Njeri Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-11 Zamconsult Consulting Engineers February 2017 Severino Mwith Structure Ahmed Structure Frankline Mutua Structure Nuru Mubareke Structure Nicholas Michubi Structure Unkown PAP Structure Masjid Rahma Wall Unkown PAP structure Ahmed Rashid Structure Muhamed Abdalla Structure Basswod Filling Station 16.3.4 South Mainland Pipelines 2) Line 1 Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-12 Zamconsult Consulting Engineers February 2017 Unkown PAP Structure 3) Line 7 Nasra Abdi Structure Unkown PAP Trees Unknow PAP Structure Unkown PAP Sructure 4) Mwanahamisi Mwinyihaji Live fence Masoud ali Trees Rama Abdallah Structure Rashid Kibwana Structure Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-13 Zamconsult Consulting Engineers February 2017 16.4 PAP ENTITLEMENT MATRICES Resettlement Action Plan Report for Mombasa Lot 2B Pipelines 16-14 Zamconsult Consulting Engineers Entitlement Matrix for Lot 2B Pipelines February 2017 Description of Description of Description of Entitlement Entitlement Disturbance Sub - Telephone No. of Description of Affected Description of affected Entitlement Entitlement Total Pipeline Village Location County Name of HH ID No. of HH Head Affected Other Affected Fence and for for Trees Sub-Total Allowance County HH Head Structures trees for Business for Fence Compensation No. No. Business Structures Gate Structures and Crops 15% 10.3x7 Temporary 1 MainLand Changamwe Changamwe Mombasa Nicolas Kyalo 13521095 716360638 Shop Buildings 0 0 0 60,000 216300 0 0 276,300 41,445.00 317,745 10x2 Permanent 2 MainLand Changamwe Changamwe Mombasa Baraka Shop 0 0 0 Buildings 0 0 0 - 200000 0 0 200,000 30,000.00 230,000 WMW 4 Magongo Changamwe Changamwe Mombasa Mulwa Mwaniki 0 711842533 Shop 0 0 0 0 60,000 0 0 0 60,000 9,000.00 69,000 02&04 10x2 Permanent 5 MainLand Changamwe Changamwe Mombasa Muthuri 30896123 0702805239 Shop Buildings 0 0 0 72,000 200000 0 0 272,000 40,800.00 312,800 3x2 Permanent Buildings;2.2x1.3;2x1.6 6 MainLand Changamwe Changamwe Mombasa Mwenda 0 726546813 0 Temporary Buildings 0 0 0 - 78180 0 0 78,180 11,727.00 89,907 7.1x3.2m Temporary 1 0 Changamwe Changamwe Mombasa Eunice Mwauda 24219667 0701387981 Restaurant Buildings 0 0 0 - 68,160.00 - - 68,160.00 10,224.00 78,384.00 8.2x3.1 Temporary 2 Leena Changamwe Changamwe Mombasa Helen Ndani 0 0717774577 Food Vendor Buildings 0 0 0 60,000.00 76,260.00 - - 136,260.00 20,439.00 156,699.00 3 Ashton Changamwe Changamwe Mombasa David Otieno 200161333 0721549687 Food Vendor 0 0 0 0 60,000.00 - - - 60,000.00 9,000.00 69,000.00 WMW 8.5x3m Temporary 03 4 Hamisi Changamwe Changamwe Mombasa Katunga Kialo 9192801 0725596246 Shop Buildings 0 0 0 90,000.00 76,500.00 - - 166,500.00 24,975.00 191,475.00 10.2x3 Temporary 5 Sportsman Changamwe Changamwe Mombasa Getrude A Sulwe 7897167 0 Jua Kali Buldings 0 0 0 45,000.00 91,800.00 - - 136,800.00 20,520.00 157,320.00 Changamwe 15.2 x 3m 6 Sportsman Port Reitz Changamwe Mombasa Workshop 00 0 0 Cabro 0 0 - 68,400.00 - - 68,400.00 10,260.00 78,660.00 1.4x4 Temporary 1 Chaani Changamwe Changamwe Mombasa George Okombo 12610362 0723936832 Jua Kali Buildings 0 0 0 90,000 16800 0 0 106,800 16,020.00 122,820 Holy Cross 1.5x3m Sign 2 0 Chaani Changamwe Mombasa Catholic Church 00 0 0 Post 0 0 - 13500 0 0 13,500 2,025.00 15,525 11x1 m Permanent(Masonry);1 1x1m Chain-Link 3 Chaani Portreitz Changamwe Mombasa Pub Gruford 00 Pub 4x4 Permanent building 0 Fence 3 Indigenous Trees 90,000 160000 82500 9000 341,500 51,225.00 392,725 4 Chaani Chaani Changamwe Mombasa Nashon Mureithi 28865579 0711439937 Jua Kali 0 0 0 0 60,000 0 0 0 60,000 9,000.00 69,000 1.8x0.7m Temporary 5 Chaani Chaani Changamwe Mombasa 0 00 0 Buildings 0 0 0 - 3780 0 0 3,780 567.00 4,347 Agape Worship 11.2x2 Semi-Permanent 6 Chaani Chaani Changamwe Mombasa Church 00 0 buildings 0 0 0 - 112000 0 0 112,000 16,800.00 128,800 WMW 2.2x1.7 Semi Permanent 05 7 Chaani Chaani Changamwe Mombasa 0 00 0 buildings 0 0 0 - 18700 0 0 18,700 2,805.00 21,505 2.2x1.7 Semi Permanent 8 0 Changamwe Changamwe Mombasa Cool Pub 00 0 buildings 0 0 0 - 18700 0 0 18,700 2,805.00 21,505 16x2m 9 Chaani Portreitz Changamwe Mombasa Isaiya Gura 0 0711650114 0 0 Verandah 0 0 - 32000 0 0 32,000 4,800.00 36,800 Damaris Muthio 10 Chaani Changamwe Changamwe Mombasa Mutunga 25438807 0727160419 Shop 0 0 0 0 45,000 0 0 0 45,000 6,750.00 51,750 11 Chaani Changamwe Changamwe Mombasa Pascaline Nthoka 25261503 0711405376 Shop 0 0 0 0 75,000 0 0 0 75,000 11,250.00 86,250 Benjamin 12 Chaani Chaani Changamwe Mombasa Mwololo 0 0720306016 Shop 0 0 0 0 45,000 0 0 0 45,000 6,750.00 51,750 Elizabeth 13 Chaani Changamwe Changamwe Mombasa Munyiva 25042900 0717307395 Shop 0 0 0 0 60,000 0 0 0 60,000 9,000.00 69,000 Blessed Living 18x2 Corrugated 15 Chaani Chaani Changamwe Mombasa Home Church 00 0 0 0 Iron;3.4x2m Gate 0 - 0 22600 0 22,600 3,390.00 25,990 4.1x2m Temporary 1 Hamisi Port Reitz Changamwe Mombasa 0 00 Shop Buildings 0 0 0 30000 24600 0 0 54600 8190 62790 Ruth Ndunge 2 Hamisi Changamwe Changamwe Mombasa Kasina 00 Food Vending 0 0 0 0 45000 0 0 0 45000 6750 51750 WMW 1.2mx3.1 Temporary 3 08 Hamisi Changamwe Changamwe Mombasa Raso Lazarus 0 0706169453 Jua Kali Buildings 0 0 0 45000 11160 0 0 56160 8424 64584 7.1x4.1 Semi-permanent 4 Changamwe Changamwe Changamwe Mombasa Mama Mbotela 0 0721600399 0 Buildings 0 0 0 0 145550 0 0 145550 21832.5 167382.5 3.7x1.8 Temporary 5 Hamisi Changamwe Changamwe Mombasa Judy Mwango 24686274 0727533910 Grocery Buildings 0 0 0 18000 19980 0 0 37980 5697 43677 5x2.5m Temporary 1 Miritini Madukani Miritini Jomvu Mombasa Mwendee Peter 0 0725566034 Jua Kali Buildings 0 0 0 45,000 31500 0 0 76,500 11,475.00 87,975 2.5x1.5 Temporary 2 Miritini Madukani Miritini Jomvu Mombasa Beatrice Mala 10973016 0726175619 Jua Kali Buildings 0 0 0 45,000 11250 0 0 56,250 8,437.50 64,688 Joseph Oweso 4x2.3 Temporary 3 Madukabi Miritini Jomvu Mombasa Kasimba 0 0734754817 Jua Kali Buildings 0 0 0 60,000 27600 0 0 87,600 13,140.00 100,740 Thomas 8x4 Temporary 4 Madukabi Miritini Jomvu Mombasa Musumba 13285820 0727889698 Jua Kali Buidlings 0 0 0 60,000 96000 0 0 156,000 23,400.00 179,400 3.3 x 2.1 Temporary 5 WMW Madukabi Miritini Jomvu Mombasa Leah Matano 0 0708898562 Salon Buildings 0 0 0 75,000 20790 0 0 95,790 14,368.50 110,159 12 2.5x2.4 Temporary 6 Miritini Madukani Miritini Jomvu Mombasa Florence Mwikali 24245792 0728096286 Clothes Vendor Buildings 0 0 0 45,000 18000 0 0 63,000 9,450.00 72,450 2.5x2.4 Temporary 7 Miritini Madukani Miritini Jomvu Mombasa Sailas Ingosi 22577519 0725640193 Clothes Vendor Buildings 0 0 0 45,000 18000 0 0 63,000 9,450.00 72,450 3.4x3 Temporary 8 Madukabi Miritini Jomvu Mombasa Ruben Kimwela 27331041 0708076584 Jua Kali buildings 0 0 0 60,000 30600 0 0 90,600 13,590.00 104,190 Gateway in 9 Madukabi Miritini Jomvu Mombasa Filling Station 0 0739514612 Petrol Station 0 0 0 0 270,000 0 0 0 270,000 40,500.00 310,500 2.9x2.8 Temporary 10 Miritini Miritini Jomvu Mombasa Joy Makenda 0 0712881700 Kiosk buildings 0 0 0 30,000 24360 0 0 54,360 8,154.00 62,514 Resettlement Action Plan for the Expansion and Rehabilitation of the Mombasa Lot 2B Pipelines 1 Zamconsult Consulting Engineers Entitlement Matrix for Lot 2B Pipelines February 2017 Description of Description of Description of Entitlement Entitlement Disturbance Sub - Telephone No. of Description of Affected Description of affected Entitlement Entitlement Total Pipeline Village Location County Name of HH ID No. of HH Head Affected Other Affected Fence and for for Trees Sub-Total Allowance County HH Head Structures trees for Business for Fence Compensation No. No. Business Structures Gate Structures and Crops 15% 20x1.5m Cabro WMW Shell Filling 0.96x1.65m,2x 16 1 0 Portrietz Changamwe Mombasa Station 0715638239 0 0 6m Sign Board 0 0 0 42876 0 0 42876 6431.4 49307.4 Pentum Gas 76m Semi-permanent 8x2 Permanent 1 Changamwe Portrietz Changamwe Mombasa Station 00 0 Buildings 76x3 Cabbro (Masonry) 3 Pawpaw Fruits Trees - 342,000.00 80,000.00 9,000.00 431,000.00 64,650.00 495,650.00 Total WMW 2 Changamwe Changamwe Changamwe Mombasa Changamwe 0 0726701162 0 0 43x3m Cabbro 0 0 - 193,500.00 - - 193,500.00 29,025.00 222,525.00 17 3 Bahati Changamwe Changamwe Mombasa Kenol 00 0 0 35x5m Cabbro 0 0 - 262,500.00 - - 262,500.00 39,375.00 301,875.00 4 Bahati Changamwe Changamwe Mombasa Petrocity 00 0 47x3m Cabbro 47x3m Cabbro 0 0 - 211,500.00 - - 211,500.00 31,725.00 243,225.00 Maureen Mtindi 7.8x1.5 Temporary 1 Hamisi Changamwe Changamwe Mombasa 16120763 0722478226 Hotel/Café 0 0 0 Wambua buidings 75,000 35100 0 0 110,100 16,515.00 126,615 5x Semi-permanent 2 Refinery Changamwe Changamwe Mombasa Anold Oliver 0 0722384916 Hotel 0 0 0 building 45,000 0 0 0 45,000 6,750.00 51,750 6.4x4 Semi-permanent 3 Refinery Changamwe Changamwe Mombasa Alice Marura 24814287 0726860157 Café 0 0 0 building 30,000 128000 0 0 158,000 23,700.00 181,700 1.6x1.6 Semi-permanent 4 Hamisi Changamwe Changamwe Mombasa Diana Dasowa 0 0 M-pesa 0 0 0 building 45,000 12800 0 0 57,800 8,670.00 66,470 4.6x4.5 Semi-permanent 5 Hamisi Changamwe Changamwe Mombasa Benta Mutua 0 0720246669 0 0 0 building - 103500 0 0 103,500 15,525.00 119,025 2.2x2 Temporary 6 National House Portrietz Changamwe Mombasa Nancy Mweni 0 0 Kiosk 0 0 0 buidings 30,000 13200 0 0 43,200 6,480.00 49,680 2.2x2.8 Semi-permanent 7 National House Changamwe Changamwe Mombasa Ismail Msunye 26154559 0725481130 Jua Kali 0 0 0 building 36,000 30800 0 0 66,800 10,020.00 76,820 3.5x1.8 Semi-permanent 9 Refinery Changamwe Changamwe Mombasa George Olado 0 0 0 0 0 building - 31500 0 0 31,500 4,725.00 36,225 1.8x1.8 Semi-permanent 10 Refinery Portrietz Changamwe Mombasa 0 0 0 0 0 0 building - 16200 0 0 16,200 2,430.00 18,630 2.2x1.7 Temporary 11 0 Portrietz Changamwe 0 0 0 0 0 0 0 buidings - 11220 0 0 11,220 1,683.00 12,903 Abiba 2.2x1.5 Semi-permanent 12 National House Changamwe Changamwe Mombasa Mohammed 0 0720849643 Shop 0 0 0 building Bakari 30,000 16500 0 0 46,500 6,975.00 53,475 1.6x1 Semi-permanent 13 Refinery Changamwe Changamwe Mombasa Muthoni 0 0712447997 Shop 0 0 0 building 36,000 8000 0 0 44,000 6,600.00 50,600 WMW 5.5x4 Temporary 14 Refinery Changamwe Changamwe Mombasa Charles K. Rono 23951831 0702855234 Restaurant 0 0 0 18 buidings 33,000 66000 0 0 99,000 14,850.00 113,850 3x3, 19x1.5 Live fence; James Karisa 3x3 Corridor 15 National House Changamwe Changamwe Mombasa 23258887 0714465750 Shop 0 19x6 Barbed wire; 0 Charo (perm) 5.7x1.5 Corrugated iron 60,000 22500 46567.5 0 129,068 19,360.13 148,428 16 0 Portrietz Changamwe Mombasa Jumaa Mwinyi 0 0792694116 Charcoal dealer 0 0 19x1.5 Corrugated iron 1 Indigenous tree 30,000 0 9975 3000 42,975 6,446.25 49,421 2.5x2.5 Temporary 17 Malandi Bokole Changamwe Mombasa Julius Mutie 20988669 725225581 Kiosk 0 0 0 buidings 60,000 18750 0 0 78,750 11,812.50 90,563 1.1x1.1 Semi-permanent 18 Chaani Chaani Changamwe Mombasa 0 0 0 0 0 0 building - 6050 0 0 6,050 907.50 6,958 19 Refinery Changamwe Changamwe Mombasa Jonathan Mutie 27021375 0712951048 Jua Kali 6x3 Temporary buidings 0 0 0 45,000 54000 0 0 99,000 14,850.00 113,850 20 Refinery Changamwe Changamwe Mombasa Josephat Kamau 9775950 0716931780 Shop 3.3x Temporary buidings 0 0 0 45,000 0 0 0 45,000 6,750.00 51,750 21 Refinery Portrietz Changamwe Mombasa 0 0 0 3x2 Temporary buidings 0 0 0 - 18000 0 0 18,000 2,700.00 20,700 10x5 Temporary 22 Chaani Chaani Changamwe Mombasa 0 0 0 0 0 0 buidings - 150000 0 0 150,000 22,500.00 172,500 23 Chaani 0 Changamwe Mombasa Berita 00 Jua Kali 0 0 0 0 45,000 0 0 0 45,000 6,750.00 51,750 6x1.5 Temporary 24 Refinery Changamwe Changamwe Mombasa 0 0 0 0 0 0 buidings - 27000 0 0 27,000 4,050.00 31,050 8.2x2 Temporary 25 Hamisi Changamwe Changamwe Mombasa 0 0 0 0 0 0 buidings - 49200 0 0 49,200 7,380.00 56,580 26 Changamwe Changamwe Changamwe Mombasa 0 0 0 8x2 Temporary buidings 0 0 0 - 48000 0 0 48,000 7,200.00 55,200 8.5x2 Temporary 27 Hamisi Changamwe Changamwe Mombasa 0 0 0 0 0 0 buidings - 51000 0 0 51,000 7,650.00 58,650 3x10 Car wash 28 Changamwe Changamwe Changamwe Mombasa 0 0 0 0 0 0 floor - 75000 0 0 75,000 11,250.00 86,250 29 Magongo Changamwe Changamwe Mombasa 0 0 0 0 0 21x2 Corrugated iron 0 - 0 14700 0 14,700 2,205.00 16,905 4x1.5m SMW 01 1 Likoni Likoni Likoni Mombasa 0 0 0 0 0 7m Culvert Permanent(Masonry) 0 0 3150 30000 0 33150 4972.5 38122.5 Rama Salim 1 Coconut,10 Mango Fruit 1 Denyenye Vijana Ngombeni Matuga Kwale Mwakosa 20037740 0728244480 0 0 0 0 trees - - - 33,000.00 33,000.00 4,950.00 37,950.00 Mwanahamisi 20 Casuarina Commercial 2 Denyenye Ngombeni Matuga Kwale Mwinyihaji 21939715 0790741793 0 0 0 15x1.3m Live Fence Trees;2 Mango Fruit Trees - - 4,875.00 66,000.00 70,875.00 10,631.25 81,506.25 Mohamed Hassan 4 Casuarina Commercial 3 Denyenye Ngombeni Matuga Kwale Mnyetto 28325191 0733461080 Shop 0 0 0 trees;1 Mango Fruit tree 30,000.00 - - 15,000.00 45,000.00 6,750.00 51,750.00 Masoud Ali 4 Denyenye Ngombeni Matuga Kwale Mwakileo 5418557 0722742417 Shop 0 0 0 0 60,000.00 - - - 60,000.00 9,000.00 69,000.00 5 Denyenye Ngombeni Matuga Kwale Ali Mwangomba 21538390 0796136059 0 0 0 6x1.2 Live fence 2 Mango Fruit Trees - - 1,800.00 6,000.00 7,800.00 1,170.00 8,970.00 Juma Mwalimu 1 Pawpaw,2 Mangoes,1 SMW 04 6 Denyenye Ngombeni Matuga Kwale Gute 20028438 0704137240 Jua Kali 0 0 0 Mkwanju Fruit trees 12,000.00 - - 12,000.00 24,000.00 3,600.00 27,600.00 Resettlement Action Plan for the Expansion and Rehabilitation of the Mombasa Lot 2B Pipelines 2 Zamconsult Consulting Engineers Entitlement Matrix for Lot 2B Pipelines February 2017 Description of Description of Description of Entitlement Entitlement Disturbance Sub - Telephone No. of Description of Affected Description of affected Entitlement Entitlement Total Pipeline Village Location County Name of HH ID No. of HH Head Affected Other Affected Fence and for for Trees Sub-Total Allowance SMW 04 County HH Head Structures trees for Business for Fence Compensation No. No. Business Structures Gate Structures and Crops 15% 1 Coconut,1 Cashew nut 2 Fatuma Suleiman Pawpaw,1 Mango Fruit 7 Denyenye Ngombeni Matuga Kwale Tsala 3960065 0722901637 0 0 0 0 trees - - - 15,000.00 15,000.00 2,250.00 17,250.00 Mohamed 10x4 Semi-permanent 8 Denyenye Ngombeni Matuga Kwale Suleiman Salim 244642 0704679171 Hotel Buildings 0 0 0 30,000.00 200,000.00 - - 230,000.00 34,500.00 264,500.00 Rama Abdallah 10x10 Permanent 9 Denyenye Ngombeni Matuga Kwale Raisi 0 0728627012 0 Buildings 0 0 0 - ########## - - 1,000,000.00 150,000.00 1,150,000.00 Rashid Kibwana 14x6 Permanent 10 Denyenye Ngombeni Matuga Kwale Mwatsuluka 9880342 0728580417 Jua Kali Buildings 0 0 0 - 840,000.00 - - 840,000.00 126,000.00 966,000.00 1.9x7.9m 1 Shelly Likoni Likoni Mombasa Nasra Abdi 27485136 0729598817 Shop 0 Verandah 0 0 15000 15010 0 0 30010 4501.5 34511.5 50x2 Metres SMW 07 3 Shelly Likoni Likoni Mombasa 0 00 0 0 Cabro 0 0 0 150000 0 0 150000 22500 172500 2.7x1.2 Permanent 4 Shelly Likoni Likoni Mombasa 0 00 0 0 Staircase 0 0 0 10000 0 0 10000.486 1500.0729 11500.5589 1.9x7.9m 1 Shelly Likoni Likoni Mombasa Nasra Abdi 27485136 0729598817 Shop 0 Verandah 0 0 60000 15010 0 0 75010 11251.5 86261.5 2 Shelly Likoni Likoni Mombasa 0 00 Shop 0 0 0 0 60000 0 0 0 60000 9000 69000 50x2 Metres SMW 10 3 Shelly Likoni Likoni Mombasa 0 00 0 0 Cabro 0 0 0 150000 0 0 150000 22500 172500 2.7x1.2 Permanent 4 Shelly Likoni Likoni Mombasa 0 00 0 0 Staircase 0 0 0 4860 0 0 4860 729 5589 40.3x3m 1 Bamburi Bamburi Kisauni Mombasa Alitimami 0 0722893416 Shop 0 Cabro 0 0 60000 181,350.00 0 0 241350 36202.5 277552.5 2 Bamburi Bamburi Kisauni Mombasa Mercella Miyumo 0 0733906455 Supermarket 0 32.2x3 Cabro 0 0 150000 145,350.00 0 0 295350 44302.5 339652.5 Gapco Petrol 3 Bamburi Bamburi Kisauni Mombasa Station 00 0 0 50x3m Cabros 0 0 0 225,000.00 0 0 225000 33750 258750 21.7x2m 4 Bamburi Bamburi Kisauni Mombasa Rahma 0 0722277824 0 0 Concere Slab 0 0 0 43,400.00 0 0 43400 6510 49910 14.1x3m 5 Bamburi Bamburi Kisauni Mombasa Sky Lounge 00 0 0 Cabro 0 0 0 63,450.00 0 0 63450 9517.5 72967.5 NMW 04 6x1.2m Permanent 6 Bamburi Bamburi Kisauni Mombasa 0 00 0 0 0 (Masonry) Fence 0 0 181,350.00 36000 0 217350 32602.5 249952.5 Safari Petrol 7 Bamburi Bamburi Kisauni Mombasa Station 00 0 0 50x2m Cabro 0 0 0 150,000.00 0 0 150000 22500 172500 8 Bamburi Bamburi Kisauni Mombasa Royal Pub 00 0 0 15x3m Cabro 0 0 0 67,500.00 0 0 67500 10125 77625 Serena Beach 9 Shanzu Bamburi Kisauni Mombasa Hotel 00 0 0 0 150x2 m Live fence 0 0 - 75000 0 75000 11250 86250 Mombasa Continental 10 Shanzu Bamburi Kisauni Mombasa Resort 00 0 0 15x3m Cabro 100x1m Live fence 0 0 67,500.00 25000 0 92500 13875 106375 Westcon 1 Bamburi Bamburi Kisauni Mombasa Contractors 0 0 0 11.4x3 Cabro 0 0 - 51,300.00 - - 51,300.00 7,695.00 58,995.00 Imu Juma 2 Bamburi Bamburi Kisauni Mombasa Mohamed 14491623 716701949 Mpesa 0 0 0 0 60,000.00 - - - 60,000.00 9,000.00 69,000.00 20.9x2m 3 Bamburi Bamburi Kisauni Mombasa Beatrice 0 720518302 Salon/pub 0 veranda 0 0 90,000.00 62,700.00 - - 152,700.00 22,905.00 175,605.00 10x2m 4 Bamburi Bamburi Kisauni Mombasa Evan Mwangi 22022281 724410656 Shop 0 veranda 0 0 45,000.00 30,000.00 - - 75,000.00 11,250.00 86,250.00 5 Bamburi Bamburi Kisauni Mombasa 0 0 0 Shop 0 0 0 0 45,000.00 - - - 45,000.00 6,750.00 51,750.00 15x2m 6 Bamburi Bamburi Kisauni Mombasa Maimuna Askul 0 791014764 Shop 0 veranda 0 0 45,000.00 45,000.00 - - 90,000.00 13,500.00 103,500.00 7 Bamburi Bamburi Kisauni Mombasa Nuru Said 1165393 712740134 Mpesa 0 0 0 0 60,000.00 - - - 60,000.00 9,000.00 69,000.00 20x1.5 Masjid Hudaa Permanent(Masonry) 8 Bamburi Bamburi Kisauni Mombasa Madrasa amburi 0 0 0 0 fence 0 - - 150,000.00 - 150,000.00 22,500.00 172,500.00 15x2m 9 Bamburi Bamburi Kisauni Mombasa Alamin Salim 11226219 722486376 0 veranda 0 0 - 45,000.00 - - 45,000.00 6,750.00 51,750.00 10x2m 10 Bamburi Bamburi Kisauni Mombasa Eslimil Mugo 3525943 727271340 Shop 0 veranda 0 0 60,000.00 30,000.00 - - 90,000.00 13,500.00 103,500.00 3x2 Semi-permanent 11 Bamburi Bamburi Kisauni Mombasa Mama Grace 0 723538625 structure 0 0 0 - 30,000.00 - - 30,000.00 4,500.00 34,500.00 12 Bamburi Bamburi Kisauni Mombasa John Odhiambo 29500371 718126895 Chemist 0 0 0 0 75,000.00 - - - 75,000.00 11,250.00 86,250.00 NMW 07 13 Bamburi Bamburi Kisauni Mombasa Susan Njeri 0 726056957 0 0 0 0 - - - - - - - 14 Bamburi Bamburi Kisauni Mombasa Severino Mwithi 11487694 721617916 5x2 Temporary structure 0 0 0 - 30,000.00 - - 30,000.00 4,500.00 34,500.00 10x2m 15 Bamburi Bamburi Kisauni Mombasa Ahmed 0 0 Shop 0 veranda 0 0 45,000.00 30,000.00 - - 75,000.00 11,250.00 86,250.00 16 Bamburi Bamburi Kisauni Mombasa Frankline Mutua 24456982 723031046 Shop 0 8x3m veranda 0 0 60,000.00 36,000.00 - - 96,000.00 14,400.00 110,400.00 17 Bamburi Bamburi Kisauni Mombasa Nuru Mubaredi 0 0 Shop 0 5x2m veranda 0 0 45,000.00 15,000.00 - - 60,000.00 9,000.00 69,000.00 10x2m 18 Bamburi Bamburi Kisauni Mombasa Nicolus Michubu 11156902 722635247 Shop 0 veranda 0 0 45,000.00 30,000.00 - - 75,000.00 11,250.00 86,250.00 15x2m 19 Bamburi Bamburi Kisauni Mombasa 0 0 0 0 veranda 0 0 - 45,000.00 - - 45,000.00 6,750.00 51,750.00 3x2 m live fence;30x1.5m Masjid Rahma Permanent(Masonry) 20 Bamburi Bamburi Kisauni Mombasa Mosque 0 0 0 0 Fence 0 - - 226,500.00 - 226,500.00 33,975.00 260,475.00 Resettlement Action Plan for the Expansion and Rehabilitation of the Mombasa Lot 2B Pipelines 3 Zamconsult Consulting Engineers Entitlement Matrix for Lot 2B Pipelines February 2017 Description of Description of Description of Entitlement Entitlement Disturbance Sub - Telephone No. of Description of Affected Description of affected Entitlement Entitlement Total Pipeline Village Location County Name of HH ID No. of HH Head Affected Other Affected Fence and for for Trees Sub-Total Allowance County HH Head Structures trees for Business for Fence Compensation No. No. Business Structures Gate Structures and Crops 15% 15x2m 21 Bamburi Bamburi Kisauni Mombasa 0 0 0 0 veranda 0 0 - 45,000.00 - - 45,000.00 6,750.00 51,750.00 15x2m 22 Bamburi Bamburi Kisauni Mombasa Ahmed Rashid 2439031 722789789 Butchery 0 veranda 0 0 60,000.00 45,000.00 - - 105,000.00 15,750.00 120,750.00 Muhamad 20x1.5m 23 Bamburi Bamburi Kisauni Mombasa Abdalla 0 723602928 0 veranda 0 0 - 45,000.00 - - 45,000.00 6,750.00 51,750.00 Bassawad Filling 24 Bamburi Bamburi Kisauni Mombasa Station 0 0 0 50x3m Cabro 0 0 - 225,000.00 - - 225,000.00 33,750.00 258,750.00 50x3m Petro Filling 0726855194/07303 Cabro,1.5x5m 1 Machura Tononoka Mvita Mombasa Station 0 00064 0 0 Sign Board 0 0 - 275,000.00 - - 275,000.00 41,250.00 316,250.00 21x3m Masjid Memon Concrete 2 Kaloleni Tononoka Mvita Mombasa Villa Mosque 0 0 0 0 Pavement 0 0 - 63,000.00 - - 63,000.00 9,450.00 72,450.00 0721221941 4x2.5 Temporary ISW 02 3 Kaloleni Tononoka Mvita Mombasa John Manzi 21192498 Jua Kali buildings 0 0 0 82,500.00 30,000.00 - - 112,500.00 16,875.00 129,375.00 0722232877 12x2.2m Temporary 4 Kaloleni Tononoka Mvita Mombasa Faris Ahmed 11874943 Workshop buildings 0 0 0 90,000.00 79,200.00 - - 169,200.00 25,380.00 194,580.00 726564620 3.5x2.2m Semi- 5 Kaloleni Tononoka Mvita Mombasa Abubakar Ahmed 8427106 0 permanent buidings 0 0 0 - 38,500.00 - - 38,500.00 5,775.00 44,275.00 Ahmed Al- 20x3m 6 Kaloleni Tononoka Mvita Mombasa Amoddy 0 0 0 0 Verandah 0 0 - 60,000.00 - - 60,000.00 9,000.00 69,000.00 Resettlement Action Plan for the Expansion and Rehabilitation of the Mombasa Lot 2B Pipelines 4