REPUBLIC OF KENYA
MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN
DEVELOPMENT
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ABBREVIATED RESETTLEMENT ACTION PLAN FOR
KAMBI MOTO INFORMAL SETTLEMENT
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NAIROBI CITY COUNTY GOVERNMENT
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MAY, 2020
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PREPARED BY
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Abbreviated Resettlement Action Plan for Kambi Moto
ABBREVIATIONS
AFD French Development Agency
GoK Government of Kenya
EMAT External Monitoring Assistance team
GRC Grievance Redress Committee
GRM Grievances Redress Mechanism
KISIP Kenya Informal Settlements Improvement Project
LP&LUDP Local Physical & Land Use Development Plan
MTIH&UD Ministry of Transport, Infrastructure, Housing and Urban Development
NLC National Land Commission
O.P Operational Policy
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PAI Project Affected Institutions
PAP Project Affected Person
PCT Project Coordinating team
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RAP Resettlement Action Plan
RIC Resettlement Implementation Committee
SEC Settlement Executive Committee
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SGRC Settlement Grievance Redress Committee
SIDA Swedish International Development Cooperation Agency
WB World Bank
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Abbreviated Resettlement Action Plan for Kambi Moto
DEFINITION OF TERMS
Abbreviated Resettlement Action Plan is a resettlement document prepared to mitigate
impacts that has affected less than 200 Project affected persons in accordance to World Bank OP
4.12.
Adoptive Planning: is a physical planning approach applied in this project that entailed
application of practical planning interventions that suit the realities, challenges and
characteristics of the project informal settlements. This was achieved through moderating of
conventional planning standards that would otherwise have been applied. This approach helped
to create responsive conditions that support the informal settlement’s capacity to respond to
changes towards securing tenure security without necessarily disintegrating the settlement and
at the same time sustaining the spatial functions at the minimum possible level.
Facilitation means payments made in cash in recognition of loss of assets and livelihoods
resulting from impacts caused by planning and surveying of the settlement.
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Complete Displacement: means the displacement of a structure owner or institution PAP etc.
from one parcel of land to a different parcel of land outside the settlement due to the planning
and survey activities including demarcation of internal access paths.
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Cut-off date is the date of start of the socio-economic survey/census and asset inventory of
PAPs. Persons entering and/or occupying land in the project area after this date and not included
in the inventory of PAPs will not be considered eligible for facilitation. Similarly, fixed assets such
as structures, established after the cut-off date will not be compensated/facilitated.
Formalization: This refers to the political and administrative acknowledgement or recognition
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of informal settlements and their subsequent absorption into the formal fold.
Joint tenancy: is a concurrent form of property ownership where two or more persons share
equal, undivided interests in property.
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Legalization: This refers to the process of providing some legal backing to the tenure systems
operating within informal settlements. This is achieved through the recordation and maintenance
of legal rights to land at the community or municipal level.
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Market rate: The selling price of a commodity in the open competitive market.
Multiple ownership: This is the kind of ownership where a person or group of people own more
than one parcel of land.
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Project Affected Person(s) (PAPs) are persons, enterprises, and public or private
institutions affected because they may lose, be denied, or be restricted access to economic assets;
lose occupancy/shelter, income sources, or means of livelihood. These persons are affected
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whether or not they must move to another location.
Rehabilitation Assistance is the additional support, over and above compensation accorded
to the vulnerable or at-risk members of the affected community during implementation of the
ARAP e.g. labour support.
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Relocation/Localized displacement means displacement of a structure owner or institution
PAP etc. from one parcel of land to a different parcel of land (within the settlement) due to the
planning and survey activities including demarcation of roads.
Replacement cost means the market cost of the materials to build a replacement 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 labour and contractors' fees, plus the cost of any registration and transfer taxes. In
determining the replacement cost, depreciation of the asset and the value of salvage materials are
not taken into account, nor is the value of benefits to be derived from the project deducted from
the valuation of an affected asset.
Resettlement Action Plan (RAP) or Resettlement Plan is a resettlement instrument
(document) to be prepared when program locations are identified. In such cases, planning and
survey activities including demarcation of roads lead to loss of structures and sources of
livelihood. RAPs are prepared by the party impacting on the people and their livelihoods. RAPS
contain specific and legal binding requirements to resettle and compensate/facilitate the affected
party before implementation of the project activities.
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Resettlement Assistance means the measures to ensure that Project Affected Persons who
may require to be physically relocated are provided with assistance during relocation, such as
moving/shifting allowances for ease of resettlement, residential housing or rentals, rental
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allowance whichever is feasible and as required, for ease of resettlement.
Resettlement Policy Framework (RPF) has been prepared as an instrument to be used
throughout the informal settlements improvement project implementation. The RPF will be
disclosed to set out the resettlement and compensation policy, organizational arrangements and
design criteria to be applied to meet the needs of the people who may be affected by the project.
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The Resettlement Action Plans (“RAPs”) for the project will be prepared in conformity with the
provisions of this RPF.
Survey means a 100% field assessment carried out to identify and determine the number of
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Project Affected Persons (PAP).
Squatters are those who have extended their settlements into Government lands and have no
formal right or claim to the portion of the lands.
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Tenancy-in-common: Tenancy in common is a form of concurrent ownership of land in which
two or more persons possess the land simultaneously where each person holds an individual,
undivided interest in the property and each party has the right to alienate, or transfer their
interest.
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Tenure Regularization is a deliberate process aimed at bringing the informal and
unauthorized (not formerly planned) settlements within the official, legal, and administrative
system of land management.
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Titling: This refers to formal adjudication, cadastral survey and registration of individual or
group rights to land in the legal land register; and the concomitant issuance of certificates of title.
Valuation: is the art or science of establishing the worth of a particular interest in property for
a specific purpose and at a particular moment in time, considered all the features of the property,
demographics, topography as well as the underlying market drivers.
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Vulnerable Groups include all those affected by the project that are below the poverty line, the
elderly, women and children headed households, indigenous people, ethnic minorities or other
Project Affected Person who may not be protected through national land compensation
legislation.
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Abbreviated Resettlement Action Plan for Kambi Moto
EXECUTIVE SUMMARY
Project Description
The Kenya Informal Settlements Improvement Project (KISIP) is a five-year project of the
Government of Kenya (GOK) with support from the World Bank, through the International
Development Association, (IDA), the Swedish International Development Cooperation Agency
(Sida) and the Agence Française de Development (AFD). It is an initiative of the GoK, through the
Ministry of Transport, Infrastructure, and Housing and Urban Development. The overall project
strategic objective is to improve living conditions of people living and working in informal
settlements in Kenya’s fourteen (14) selected counties, of which Nairobi County - where Kambi
Moto informal settlement is located.
Land Titling Process
The process of enhancing tenure security in Kambi Moto Informal settlement, through planning
and surveying, commenced in February 2019. The key objective was to facilitate provision of
security of tenure to the residents of the settlement who occupied the present land upon signing
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memorandum of Understanding (M.O.U) with the defunct Nairobi City Council (now Nairobi City
County Government). At the time KISIP initiated the project in the settlement, there were no
official records of any Local Physical and Land Use Development Plan (LP&LUDP). However, the
settlement exhibits a regular grid-layout pattern.
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The project commenced with introduction to the settlement SEC and Community members.
Thereafter, a detailed base map prepared was used for physical mapping which subsequently was
used for socio-economic survey. The socio-economic survey formed a key aspect for generation of
preliminary List of Beneficiaries (LOB) and the findings informed/guided the community
participatory planning. Following the community participatory planning activity, the process
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involved preparation of two planning models, namely, Adoptive planning model and nil
intervention models incorporating the vision, the needs and aspirations of the community. The
two alternatives were thereafter presented to the community, while highlighting the pros and cons
of each option. The Adoptive planning model was unanimously adopted by the Kambi Moto
Community, owing to its flexibility and minimal number of PAPs generated.
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This was also informed by the existing settlement pattern that is generally well defined and with
most structures built to multi-storey level. The approved plan; together with the community
endorsed LOB formed the basis for the preparation of survey data and subsequent amendment of
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the Registry Index Map (RIM) with the area list. The whole process culminated to preparation of
sectional titles1 for the beneficiaries in Kambi Moto. The following table shows number of parcels
and beneficiaries:
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Table E1: number of parcels and beneficiaries in Kambi Moto Settlement
Category Total Number Males Females Institution Community
of s Groups
Beneficiaries
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Total no of 157 89 63 2 3
beneficiaries
Total number of 145
sectional titles
1 Details on Sectional Title provided under Section 2.3
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Total Number of 145
Parcels
During Implementation of this ARAP, the Nairobi City County Government will officially transfer
the land from public to individual beneficiaries through issuance of title deeds as per Kenyan Land
Laws.
Approach and Methodology
This ARAP for Kambi Moto Informal Settlement has been developed in compliance with the
World Bank's Operational Policy 4.12 on Involuntary Resettlement, and Government of Kenya
legal framework. Section 40 (Protection of right to property) in the Constitution of Kenya 2010 is
most relevant in protecting people’s right to property. The World Bank OP 4.1 2 which requires
that Project Affected Persons be consulted and assisted/facilitated before temporary
displacement from road way leaves as in the case of the KISIP Tenure regularization project. The
policy also provides that negative resettlement impacts should be avoided and where possible,
they should be minimized and mitigated or compensated/offset.
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The ARAP approach was also guided by KISIP’s Resettlement Policy Framework (RPF) 2014.
Therefore, in order to comply with the provisions of the World Bank OP4.12 and Kenya’s Land
Act 2012, below listed activities were undertaken during preparation of the ARAP report.
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i. Socio-economic survey and census of the PAPs and assets;
ii. Community, PAPs and an all-inclusive stakeholder consultation;
iii. Valuation of affected assets
iv. PAPs Meeting/consultations
v. Preparation of PAP and Asset register and;
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vi. Sectional titling sensitization meetings2.
Grievance Redress Mechanism
This ARAP provides for a three tier Grievances Redress Mechanism (GRM) at no cost to the PAPs.
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The first tier is the Settlement Grievance Redress Committee (SGRC), which already exists within
the Settlement; this committee will be the first level of grievance redress. The second level will be
the Resettlement Implementation Committee (RIC), which will comprise of KISIP National PCT
and Nairobi City County KISIP representative and the local administration, while the third tier
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will be the Courts of Law, which will be adopted as the last resort.
All written/verbal grievances will be lodged through the chair of the SGRC. The SGRC will then
convene, with presence of complainant; within one week (14 days) to address the registered
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grievances. Where the complainant is satisfied and accepts the decision, corrective action will be
taken and verified by the SGRC. However, in case the SGRC is not able to resolve a complaint, it
will escalate the grievance to the RIC who will within two weeks (14 days) from the date the
complaint endeavour to resolve the grievance. Where an aggrieved party is not satisfied with the
resolution by the RIC, the party will be at liberty to appeal to the Courts of Law at any given time
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and at his/her own cost.
A grievance log will document all grievances and their status and will be used to monitor GRM
progress.
2Emphasis of the sensitization was on sectional titling option given the settlement structural plinth areas were too small to allow
for individual titling
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Tenure Regularization impacts
Prior to intervention by KISIP, the settlement was already developed with permanent buildings,
without necessarily observing development control guidelines. Therefore, through the re-
planning of the settlement, the adoptive Local Physical and Land Use Development Plan
recommended that all the blocked accesses be opened up to create better connectivity and
accessibility within the settlement. This resulted to creation of the 11 PAPs composed of 4 females
and 5 males with 2 being vulnerable (1 male and 1 female), 1 religious Institution and 1 community
group documented herein this report. This information is presented in the PAP diagram below:
Figure 0-1: PAPs Diagram
PAPs- 11
PAPs-9 PAI/PAG-2
Male Female -
5 4
Vulnerable- 2
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Vulnerable - 1 Vulnerable-1
Impact mitigation
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Given the settlement is already built-up, the approved land use plan adopted to the existing
settlement situation and gave proposals based on the practicality of their implementation and in
response to the World Bank Social safeguards that require generation of zero PAPs or minimal
numbers. This avoided the conventional planning standards that would have seen a significantly
high impact on structures in the settlement.
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At the same time, cut-off date preventing any further developments and alterations in the
settlement was set as 26/7/2019 during the plan adoption meeting with the community.
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The full implementation of Kambi Moto ARAP will be guided by the following:
i. Ensure all PAPs are fully facilitated before any issuance of titles. Where possible, the two
processes can be concurrent.
ii. Involvement of the County Government of Nairobi through the Department of Physical
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Planning and Urban Development in implementation of the ARAP e.g. in development
control.
In addressing grievances, this ARAP has proposed a two-tier Grievance Redress Mechanism at no
cost to the PAPs. However, the third level of legal redress carries cost implications for the PAPs.
The design of the GRM will enable timely resolution of grievances at settlement level as well as
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provide for escalation mechanisms to KISIP and Courts of Law 3. A grievance log will document
all grievances and their status and will be used to monitor GRM progress.
An institutional framework, a conclusive implementation schedule and monitoring and
evaluation mechanism will be applied in implementation of the ARAP, as documented in later
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sections of this ARAP. KISIP will adopt an internal M&E framework while external monitoring
and ARAP completion audit will be conducted by a specialized firm.
3 This is a community led process and escalation of grievances to the Courts of Law is highly unlikely
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Costs and Budget
The total cost for implementation of this ARAP is KES. 803, 195.00 (Read Kenya Shillings Eight
hundred and three thousand, One hundred and ninety five only).
Institutional and implementation Framework
The overall responsibility for the implementation of this ARAP is vested in KISIP. The specific
implementation tasks will however be carried out by the Resettlement Implementation
Committee (RIC) consisting of KISIP National PCT and Nairobi City County KISIP team.
The ARAP implementation activities anticipated will consist of approval and disclosure of this
ARAP by the World Bank via the website info shop and further disclosure on the ground by RIC
and KISIP. The PAPs will open bank accounts prior to disbursement of compensation funds. After
compensation funds have been disbursed, they will also be required to self-demolish their
structures within 3 months of notification and salvage construction materials. These activities will
be undertaken as detailed in the implementation schedule.
Grievance redress as well as monitoring and evaluation will be continuous activities throughout
the ARAP implementation phase while final audit will be undertaken at the end of the
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implementation process. This audit will be done by firms hired by KISIP for that purpose.
This ARAP also provides for continuous sensitization of beneficiaries through KISIP PCT and
Registrar of Titles on joint accounts for spouses and the use of funds and prevention of Gender
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Based Violence. Gender empowerment and sensitisation will be adequately conducted by
stakeholders including: KISIP, Chief Land Registrar and Nairobi City County; Gender
Department; local women and men-based organizations; SEC; and local community will
participate. The vulnerable also on case-by-case basis will be assisted to demolish and reconstruct
their structures by KISIP County team and the SEC.
Monitoring and Evaluation
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Monitoring will ensure that the resettlement plan is well implemented and the affected persons
are facilitated. Internal monitoring will be conducted by KISIP and the SGRC – the latter with
reference to grievances they handled, but with the RIC having an oversight role over them. Also,
monitoring will be done on a continuous basis to ensure that all responsible implementing
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agencies follow the schedule and comply with the principles of this ARAP.
External resettlement monitoring which will cover compliance and impact monitoring will be
conducted by an independent External consultant selected by KISIP.
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Conclusion and commitments
This ARAP Report is prepared to mitigate impacts arising from the planning and surveying in
readiness for tenure regularization and issuance of Title Documents for Kambi Moto informal
settlement located in Nairobi City County.
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The ARAP presents an inventory (register) of PAPs, an Asset register of affected assets and the
proposed compensation package. The process for preparation of this ARAP involved various
stakeholders’ notably SEC members, the Kambi Moto community, local community leadership,
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and KISIP National and County representatives. The meetings and discussions held were
conducted in languages that the community would easily understand Ownership of the ARAP
was internalized by the affected persons through a rigorous and adequate consultation process.
Commitments
In order to ensure that this ARAP is fully implemented, KISIP commits to undertake the
following:
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• KISIP RIC in collaboration with the Registrar of Titles will organize and carry out
Sensitization exercises aimed at enhancing women land rights as documented in this
ARAP.
• Facilitate all the affected persons according to provisions of this ARAP within 3 months
after approval of this ARAP.
• Ensure Grievances raised are addressed and resolved on a timely manner during
implementation of the ARAP.
• All vulnerable persons enumerated in this ARAP will be promptly facilitated in accordance
with the provisions of this ARAP
• Through the National Land Commission, KISIP will undertake issuance of sectional titles
within three months after approval of the ARAP through the Ministry of Transport
Infrastructure Housing and Urban Development (MoTIH&UD), and NLC to beneficiaries
and PAPs concurrently with compensation payment.
• Issue a three months’ notice to PAPs to enable them Self Demolish and salvage their assets.
• Undertake Monitoring and Evaluation of this ARAP during and after implementation
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TABLE OF CONTENTS
ABBREVIATIONS……………………………………………………………………………………………………. ii
DEFINITION OF TERMS…………………………………………………………………………………………. iii
EXECUTIVE SUMMARY…………………………………………………………………………… … vi
LIST OF FIGURES………………………………………………………………………………………………….. xv
LIST OF MAPS…………………………………………………………………………………… …….. xvi
LIST OF TABLES… …………………………………………………………………………………. xvii
CHAPTER 1: INTRODUCTION…………………………………………………………………………………..1
1.1 Background Information ............................................................................................ 1
1.1 Project Location .......................................................................................................... 1
1.2 Background of Kambi Moto Informal Settlement ...................................................... 3
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1.3 Project Description - KISIP’s Intervention in Kambi Moto Settlement ..................... 3
1.4 Objectives of the Abbreviated Resettlement Action ................................................... 4
CHAPTER 2: LAND TITLING AND TENURE REGULARIZATION………………………………. 5
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2.1 Introduction ................................................................................................................ 5
2.2 The Planning Process. ................................................................................................. 9
2.2.1 Plan Preparation…………………………………………………………………………………………………….. 9
2.3 Sectional Titling in the Settlement ........................................................................... 12
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2.3.1 Community sensitization on Land tenure Options…………………………………………………….. 12
2.3.2 Selection of the best titling option……………………………………………………………………………… 13
2.3.3 Application of Sectional Titles……………………………………………………………………………….. 14
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2.4 Validation of Plan and List of Beneficiaries .............................................................. 15
2.5 Plan Approval............................................................................................................ 15
2.6 Surveying Phase ........................................................................................................ 15
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2.7 Preparation of Abbreviated Resettlement Action Plan for Kambi Moto .................. 15
2.8 Continuous Sensitization on Title Registration ........................................................ 16
CHAPTER 3: POLICY AND LEGAL FRAMEWORK…………………………………………………….17
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3.1 Introduction ...............................................................................................................17
3.2 Relevant Policies and Laws of Kenya .........................................................................17
3.3 The Constitution of Kenya of 2010 ............................................................................17
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3.4 The Land Act (2012) and National Land Policy (2017) ............................................ 18
3.5 Land Registration Act (2012) .................................................................................... 18
3.6 Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities
No. 56 of 2012 (Large Scale Development Projects) ........................................................... 18
3.7 National Land Commission Act 2012 ....................................................................... 19
3.8 The Valuer’s Act Cap 532 .......................................................................................... 19
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3.9 Sectional Properties Act, 1987 (Rev. 2012) ............................................................... 19
3.10 KISIP’s Resettlement Policy Framework .................................................................. 20
3.11 The World Bank’s Involuntary Resettlement Policy OP 4.12 ................................... 20
3.12 Analysis of the Gaps between National Legal Frameworks and the World Bank Policies….21
CHAPTER 4: APPROACH AND METHODOLOGY…………………………………………………….26
4.1 Introduction .............................................................................................................. 26
4.2 Review of relevant documents .................................................................................. 26
4.3 Socio-economic interviews and Census Survey of PAPs .......................................... 26
4.4 Stakeholder consultation .......................................................................................... 27
4.5 Identification and Valuation of affected assets ......................................................... 27
4.6 Valuation Parameters ............................................................................................... 28
4.7 Cut-off date ............................................................................................................... 28
CHAPTER 5: PUBLIC CONSULTATION AND PARTICIPATION…………………………………. 29
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5.1 Introduction .............................................................................................................. 29
5.2 Categories of stakeholders ........................................................................................ 29
5.3 PAPs consultations.................................................................................................... 29
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5.4 Stakeholder meetings and issues raised ................................................................... 29
CHAPTER 6: PROJECT IMPACTS……………………………………………………………………………. 34
6.1 Introduction .............................................................................................................. 34
6.2 The Project Affected Persons .................................................................................... 34
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6.3 Impact on structures ................................................................................................. 35
6.4 Impacts on Community Facilities (PAI) ................................................................... 37
6.5 Impact on vulnerable Groups ................................................................................... 37
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6.6 Tenure Security Impact: Sectional Titles .................................................................. 37
CHAPTER 7: SOCIO-ECONOMIC PROFILE OF THE PAPS…………………………………………..38
7.1 Household identification .......................................................................................... 38
7.2 Structural details ....................................................................................................... 38
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7.3 Age of PAPS............................................................................................................... 38
7.4 Marital Status of PAPs .............................................................................................. 39
7.5 Education level of PAPS ............................................................................................ 39
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7.6 Health........................................................................................................................ 39
7.7 Social issues .............................................................................................................. 39
7.8 Economic Occupation ............................................................................................... 40
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7.9 PAPS Expenditure Patterns ...................................................................................... 40
7.10 Willingness to get the affected structure removed ................................................... 41
CHAPTER 8: MITIGATION OF IMPACTS…………………………………………………………………. 42
8.1 Introduction .............................................................................................................. 42
8.2 Planning and Survey Impact Mitigation Measures .................................................. 42
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8.3 Mitigation and Entitlements ..................................................................................... 42
8.4 Entitlement Matrix ................................................................................................... 43
CHAPTER 9: GRIEVANCE REDRESS MECHANISM………………………………………………….. 44
9.1 Introduction .............................................................................................................. 44
9.2 Grievance Redress Management Mechanism........................................................... 44
9.3 Settlement Grievance Redress Committee (SGRC) .................................................. 44
9.4 RAP Implementation Committee (RIC) ................................................................... 45
9.5 Legal Redress ............................................................................................................ 45
9.6 Procedures for Receiving and Resolving Grievances ................................................ 45
CHAPTER 10: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ………………48
10.1 Overview ................................................................................................................... 48
10.2 Resettlement Implementation Institutions .............................................................. 48
10.3 ARAP implementation at KISIP ............................................................................... 50
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10.3.1 KISIP Project Coordination Team…………………………………………………………………………….. 50
10.3.2 KISIP ARAP Implementing Committee…………………………………………………………………….. 50
10.3.3 County KISIP teams………………………………………………………………………………………………… 51
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10.3.4 Settlement Executive Committee (SEC)…………………………………………………………………….. 52
10.3.5 The Settlement Grievance Redress Committee…………………………………………………………… 52
10.4 ARAP Implementation Process Flow ........................................................................ 52
10.5 Other Supporting Institutions .................................................................................. 55
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10.6 Gender Empowerment during ARAP implementation ............................................ 55
10.7 Implementation procedures ..................................................................................... 55
10.8 ARAP Schedule ......................................................................................................... 57
10.9 Costs and Budget ...................................................................................................... 59
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CHAPTER 11: MONITORING AND EVALUATION AND IMPLEMENTATION OF THE
ARAP………………………………………………………………………………………………………………….. 60
11.1 Introduction .............................................................................................................. 60
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11.2 Monitoring and Evaluation Framework ................................................................... 60
11.2.1 ARAP Monitoring Plan 60
11.2.2 ARAP Monitoring Framework 61
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11.3 Resettlement Completion Audit ............................................................................... 63
CHAPTER 12: CONCLUSION AND COMMITMENTS……………………………………………………64
12.1 Conclusion................................................................................................................. 64
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12.2 Commitments ........................................................................................................... 64
REFERENCES ................................................................................................................... 66
ANNEXES…………………………………………………………………………………………………………….. 67
Annex 1: Minutes of the PAPs Consultation Meeting Held on 21 st August 2019 at the Muungano Kambi
Moto Social Hall, Kambi Moto from 10:55 am. ................................................................... 67
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Annex 2: Minutes of the Final Stakeholders Meeting Held on 4th of November 2019 at the New Mathare
Church Hall, Kambi Moto from 2:00 pm. ........................................................................... 74
Annex 3: Minutes of the Presentation and Adoption of Proposed Kambi Moto Settlement Draft
LP&LUDP, Final Verification Exercise of the List of Beneficiaries & Launch RAP meeting Held on 26th
of July 2019 at New Mathare Church Hall, Kambi Moto from 10:20am. ........................... 86
Annex 4: Minutes of Stakeholder Engagement Meeting (Presentation of Socio Economic Survey
Findings, Validation of Base maps, Visioning and Community Participatory Planning) Held on 30th May
2019 at Kambi Moto from 10: 30 am. .................................................................................. 94
Annex 5: Minutes of the Project Launch Workshop Held on 27th March 2019 at 2: 23 Pm in Kambi Moto
Settlement, Nairobi ............................................................................................................ 102
Annex 6: Minutes of the Project Introduction Meeting Held on 27 th February 2019 at the Muungano
Kambi Moto Hall, Kambi Moto from 11:55 am. ................................................................. 109
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LIST OF FIGURES
Figure 0-1: PAPs Diagram ......................................................................................................................... viii
Figure 6-1: Kambi Moto PAPs Diagram ..................................................................................................... 34
Figure 7-1: Years when PAPs moved to Kambi Moto ................................................................................. 38
Figure 7-2: Education level of PAPS ........................................................................................................... 39
Figure 7-3: PAPS Expenditure ..................................................................................................................... 41
Figure 9-1: Grievance Redress Procedure ...................................................................................................47
Figure 10-1: ARAP Implementing Institutions............................................................................................53
Figure 10-2: Stakeholder Engagement Strategy ........................................................................................54
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Abbreviated Resettlement Action Plan for Kambi Moto
LIST OF MAPS
Map 1-1 : Location of Kambi Moto Settlement ............................................................................................. 2
Map 2-1: Kambi Moto LP&LUDP ................................................................................................................ 11
Map 6-1: Impacted Structures .................................................................................................................... 36
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Abbreviated Resettlement Action Plan for Kambi Moto
LIST OF TABLES
Table 2-1: Tenure Regularization Process .....................................................................................................5
Table 2-2: Analysis of planning alternatives in Kambi Moto Informal settlement..................................... 10
Table 2-3: Comparison of title options explored and discussed with the community ................................ 12
Table 2-4: Main Concerns raised by community and responses given during the Plan Adoption Meeting
Held on 26th July 2019 ............................................................................................................................... 13
Table 3-1: Comparative Analysis of World Bank OP 4.12 and Kenya constitution and GAP filling
Measures……………… .................................................................................................................................... 21
Table 4-1: Stakeholder participation during the PAPs meeting ................................................................. 28
Table 5-1: Stakeholder involvement ........................................................................................................... 30
Table 5-2: Main Issues raised by PAPs and responses given ..................................................................... 32
Table 6-1: Summary of the impacted structures .........................................................................................35
Table 8-2: Entitlement Matrix.................................................................................................................... 43
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Table 10-1: National and County Government ARAP Implementing Institutions .................................... 49
Table 10-2: RAP implementation schedule ................................................................................................. 57
Table 10-3: Summary of ARAP Implementation budget for Kambi Moto settlement ................................59
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Table 11-1: Monitoring Plan ........................................................................................................................ 60
Table11-2: Monitoring Indicators ................................................................................................................ 61
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Abbreviated Resettlement Action Plan for Kambi Moto
CHAPTER 1: INTRODUCTION
1.1 Background Information
The Kenya Informal Settlements Project (KISIP) is a five-year project of the
Government of Kenya (GOK) with support from the World Bank, through the
International Development Association, (IDA), the Swedish International
Development Cooperation Agency (Sida) and the Agence Française de Development
(AFD). KISIP is an initiative of the GoK, through the Ministry of Transport,
Infrastructure, Housing and Urban Development (MTIH&UD). The overall project
strategic objective is to improve living conditions of people living and working in
informal settlements in Kenya’s fourteen (14) selected counties, of which Nairobi City
County - where Kambi Moto informal settlement is located is one of the beneficiary
counties. The Kenya Informal Settlements Improvement Programme (KISIP) aims at
addressing inequality and disparities in livelihoods and quality of life in informal
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settlements through four key components namely: -
1. Institutional strengthening/development and program management
to assist in strengthening the capacity of the Ministry of Transport,
Infrastructure, Housing and Urban Development and the participating counties.
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This finances program management activities (including preparation of a
baseline platform and systems for monitoring and evaluation).
2. Enhancing tenure security to scale-up and process systematization of
ongoing efforts to regularize tenure in urban slums. It includes financing for the
following types of activities: community organization and mobilization,
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identification and demarcation of settlement boundaries, preparation of Part
Development Plans, and issuance of letters of offer/allotment to
individuals/groups.
3. Investing in settlement restructuring and infrastructure to support
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implementation of settlement upgrading plans developed at the community
level, investment in settlement level infrastructure and, where necessary,
extension of trunk infrastructure to settlements.
4. Planning for growth: Supporting delivery of affordable housing and serviced
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land supporting proactive planning to dampen the growth of new slums and
mechanisms for delivery of land and housing that can enhance affordability for
middle- and low- income households.
For this particular assignment, the project aimed at improving security of land tenure
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based on Local Physical and Land Use Development Plans developed through a
community participatory process with the local Kambi Moto community.
1.1 Project Location
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Kambi-Moto settlement is located in Mathare North Constituency near the northern
boundary of Moi Forces Academy across Juja road in Huruma. It is approximately 12
Km from Nairobi City and North East of Nairobi City (1o 15’S, 36o 52’E). It is also in
in close proximity to Outering road on the eastern side, 300m from the famous
‘Rounda’ landmark in the area. It covers 0.43 Ha. The settlement has a uniqueness
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since upgrading efforts through improvement of houses to permanent multi-storey
structures (up to 3rd floor) has already been done.
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Map 1-1 : Location of Kambi Moto Settlement
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1.2 Background of Kambi Moto Informal Settlement
The settlement started in early 2000s. The settlers occupied the land, which was
initially designated for car parking of the adjacent defunct Huruma ‘D’ and ‘E’ Nairobi
City Council (now Nairobi City County Government) residential housing estates, and
put up one-roomed “mabati” structures. With the increasing population and
expanding families, extensions were made onto the initial access ways leading to
congestion. The settlement was thereafter characterized by incessant infernos. This
resulted to the name ‘Kambi Moto’ a Kiswahili phrase meaning –a camp of fire.
Through the intervention of NGOs (Pamoja Trust and Muungano wa Wanavijiji) and
Nairobi City Council in collaboration with the local community, they sought applicable
and affordable approaches for upgrading of the informal settlement.
With the community members being the source of labour, they upgraded the informal
settlement in-situ using blocks. The community opted for incremental construction of
these structures. As a result, this enabled the creation of through access paths with
some open space squares also provided for.
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Currently, most of the settlement is built-up and occupied, with characteristic high-
rise structures (3 floors high), with rooms measuring 16x14 ft. This, according to the
community, is a perfect example of successful informal settlement upgrading model
driven by the community.
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However, despite improvement of the housing conditions, the settlement still ails from
insecurity of tenure, which still makes the community live with uncertainty and fear of
imminent evictions. It is for this reason that KISIP in collaboration with the Nairobi
City county government undertook to provide security of tenure to the inhabitants,
through this project.
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1.3 Project Description - KISIP’s Intervention in Kambi Moto
Settlement
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At the time of starting the KISIP project in the settlement, the occupants were on
public land under the Nairobi City County government. KISIP’s component 2
interventions in Kambi Moto informal settlement entailed physical planning and
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surveying of the informal settlement, which led to the development of a local physical
and land use development plan. The plan was implemented through surveying process
and eventually led to the beneficiaries being issued with sectional properties title
deeds.
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The project is being executed through collaboration with various actors at the national,
county and community level. The national government organs include; Ministry of
Transport, Infrastructure, Housing and Urban Development, Ministry of Lands and
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Physical Planning, and National Land Commission (NLC). Nairobi City County is
represented by the department of Lands, Housing and Physical Planning, KISIP
county coordination team, Sub county and ward administration. The community is
represented by the Settlement Executive Committee (SEC) selected from residents in
the settlement and the Local administration / leadership as ex-officials (in particular
the chief). As a result of this planning and surveying process, 11 temporary structures
belonging to 11 PAPS were affected and all of them were surveyed and valued. This
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then triggered the preparation of this Abbreviated Resettlement Action Plan to
mitigate the resultant impacts.
1.4 Objectives of the Abbreviated Resettlement Action
The objective of this Abbreviated Resettlement Action Plan (ARAP) is to identify,
document and mitigate the impacts arising from implementation of the approved
LP&LUDP which led to physical effects (loss of shelter/occupancy) in accordance with
the provisions of World Bank Operational Policy 4.12 - Involuntary Resettlement, and
the national legal framework. The ARAP provides Projected Affected Persons with
facilitation for their affected assets at full replacement cost while at the same time
providing support for vulnerable groups. The specific objectives of the ARAP are to:
• Enumerate project affected persons in order to determine those affected by the
project, the severity and extent of the impacts;
• Generate list of the vulnerable groups so as to develop strategy to ensure that
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they proactively benefit from the project;
• Adequately consult and actively involve all the PAPs and other stakeholders
• Guide on the legal and other institutional frameworks governing resettlement
as outlined in the World Bank policies and Kenyan law;
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• Develop mitigation measures in consultation with the affected people;
• Prepare detailed entitlement matrix and an implementation plan;
• Prepare a ARAP budget and;
• Put in place a Monitoring and Evaluation and reporting system for the
Resettlement Plan.
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The Kambi Moto ARAP was triggered by the planning and surveying of the informal
settlement through the KISIP Intervention, which affected 11 structures.
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CHAPTER 2: LAND TITLING AND TENURE
REGULARIZATION
2.1 Introduction
Land tenure refers to the manner in which individual/ groups of people within a
particular community enjoy rights of access to land. There are three types of land
tenure according to the constitution of Kenya (2010); Private, communal and public
land. For this project, the intervention is meant to transfer the land from public to
private ownership.
The tenure regularization process, in this project defined by planning, surveying,
preparation of ARAP and Titling Processes was therefore organized around 5 phases
as shown in table 2-1 below;
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Table 2-1: Tenure Regularization Process
Stage Activities Primary Seconda Indicators Timelines
Actor ry Actor
1) Mobilizati • Communit SEC County ⎯ Gender Undertaken
y
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on Stage Governm representati
Mobilizatio KISIP
ent ve SEC
n Consulta compositio
• Introductio nt n
n of KISIP working ⎯ Community
activities in under welcomed
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Kambi KISIP the project
Moto
as they have
Informal
been
Settlement
waiting on
• Outlining title deed
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the for a long
objective of time.
Planning
⎯ Community
and Survey
committed
which will
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to embrace
lead to
and support
issuance of
the project
title deeds.
until
completion
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2) Planning Stage
i. Base Map • Transect Commun KISIP ⎯ Base map of Undertaken
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Preparati walks ity
County Kambi
on and guided by
SEC Governm Moto
physical SEC
ent Informal
Mapping • 157 Consulta Settlement
Beneficiari nt ⎯ Every
es working Beneficiary
identified.
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Stage Activities Primary Seconda Indicators Timelines
Actor ry Actor
ii. Socio- • Existing under was
settlement KISIP enumerated
economic
Survey boundaries ⎯ Participatio
and n of SEC
developed ensured
structure that only
layout form members of
basis for Kambi
Planning Moto
and Informal
surveying settlement
• 100 % were the
Socioecono registered
mic survey beneficiarie
of the s
settlement ⎯ Beneficiary
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Beneficiari list
es representati
ve of
women
beneficiarie
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s as well.
i. Presentati Community Commun Nairobi Active Undertaken
on of the adoption of ity County Women
socio- the findings as Governm participation
SEC
the true ent in every
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economic
findings reflection of Consulta planning
to the the settlement nt stakeholder
communit working meeting.
A community
y under
led visioning Community
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ii. Visioning KISIP
process adopts the
and Plan KISIP pedestrianisa
preparati Community
tion of the
on prioritizes
existing
iii. Prelimina accessibility
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internal
ry Community accesses to
verificatio involved in avoid
n of the preparation of creation of
List of plan that best high number
beneficiar
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represents of PAPs
ies their interests.
Preliminary
confirmation
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of the
beneficiaries
details on list
of
beneficiaries
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Stage Activities Primary Seconda Indicators Timelines
Actor ry Actor
i. Plan A community Commun KISIP Community Undertaken
Validation led validation ity adoption of
Nairobi
and of plan the plan
SEC County
Approval ensured Nairobi County
Governm County
ii. Final community Consulta Government
ent approval of
Verificati vision is nt approved the
Plan step
on of List represented working plan
towards
of under
Community tenure
Beneficiar KISIP
endorsed Plan regularizatio
ies n and
Discussion on
issuance of
the titling
titles
options
(community
adopted the
sectional
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properties
titles)
Final
confirmation
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of list of
beneficiaries
w and
Issuance of
project ID
cards to
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beneficiaries
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3) Surveying stage
Surveying Settlement Commun KISIP Impacts and Undertaken/
and Boundary ity PAPs
Nairobi
Computatio Beaconed and documented
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SEC County
n of the
Each Governm
structure Consulta
beneficiaries’ ent
areas nt
structural
working
area is
under
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computed and
KISIP
coordinates
picked
Approval of Survey Survey of KISIP New RIM undertaken
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Survey Plan approval and Kenya forwarded to
adjustment of Ministry of
Registry Index Land for
Map (RIM) to Titling
include process.
settlement
surveyed
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Stage Activities Primary Seconda Indicators Timelines
Actor ry Actor
boundary
number
4) ARAP Preparation
ARAP Identified Commun KISIP Entitlements Undertaken
Preparation impacts are as ity are given to
County
a result of mitigate
SEC Governm
planning and impacts
ent
survey are Consulta
identified, nt
documented working
and mitigated under
KISIP
ARAP Ensure client World Consulta Approved Ongoing
Approval commitment Bank nt ARAP to
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to working guide
implementati under implementati
on of ARAP. KISIP on process
and issuance
All safeguards
of Titles
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provisions are
met and
addressed
ARAP Implementing KISIP Consulta Facilitation Not yet
implementa ARAP nt of PAPs undertaken
Commun
tion activities as working
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ity GRM
per under
implementati County KISIP Issuance of
on schedule Title Deeds
(undertaken
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after
facilitation)
5) Land Titling
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Sensitizatio Registrar of Registrar County Men allow for Undertaken/
n on Title Titles of Titles Governm joint titling more
owner ship4 Sensitizes ent with spouses. sensitization to
Commun
Beneficiaries be carried out
ity Consulta Beneficiaries
on during
nt aware of
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(i)Benefits of SEC implementatio
working Benefits of
the Titles KISIP n of the ARAP
under the title being
(ii) Condit
KISIP issued.
ions to be
granted on Beneficiary
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sectional grievances
Titles adequately
addressed
4 The Community was Sensitized on the available tenure options out of which Sectional Titles was the most
appropriate for the settlement
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Stage Activities Primary Seconda Indicators Timelines
Actor ry Actor
(iii) Law
requiremen
ts in
Regulation
of land
transaction
s
Titles The final Ministry Signed Titles Not yet
Printing and beneficiary of Lands- are handed undertaken
Signing list is the basis Chief over to
of printing of Land National
Titles Registrar Land
Commission
for Approval.
Gazzetemen The NLC National The names of Not yet
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t approves Land Beneficiaries undertaken
transfer of Commiss is officially
Public land to ion published in
individual the Kenya
beneficiaries Gazette as
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in Kambi individual
Moto title holders
securing their
tenure
Issuance of Upon NLC County Beneficiaries Not yet
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Title facilitation of finally have undertaken
KISIP
All PAPs, individual
Titles are sectional
issued to titles to their
respective land. Tenure
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beneficiaries regularizatio
in a public n is complete
event.
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2.2 The Planning Process
The following section details the planning process in Kambi Moto informal Settlement.
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2.2.1 Plan Preparation
A notice of intention to prepare local physical and land use development plan for
Kambi Moto informal settlement was published in the print media, by the Director of
physical planning, as stipulated in the repealed Physical Planning Act Cap 286 so as to
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pave way for the planning process. Following the community participatory planning
activity, the process involved preparation of two planning models, namely, Adoptive
planning model and nil intervention models incorporating the vision, the needs and
aspirations of the community. The two alternatives were thereafter presented to the
community, while highlighting the pros and cons of each option. The Adoptive
planning model was unanimously selected, owing to its flexibility and minimal number
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of PAPs. This was also informed by the existing settlement pattern that is generally
well defined and with most structures built to multi-storey level. Table 2-2 below
shows a summary of the analysis of the two models.
Table 2-2: Analysis of planning alternatives in Kambi Moto Informal settlement
Planning Advantages Disadvantages
Alternative
Alternative 1: • No demolition of existing • No planning intervention
Nil structure/developments or • Can only achieve a community title
intervention relocation of people. against the community preference to
individual titles
• Sustained encroachment onto existing
foot path reserves/wayleaves
Alternative: • Would enhance attainment of • The structures blocking the access ways
Adoptive sectional properties titles to have to be removed creating PAPs.
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Planning each beneficiary Allows for
Approach mixed-use developments
• Provides Guidelines for
futuristic development
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dynamics
• Adopts the pedestrian internal
access paths
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The community chose the Adoptive planning alternative5 due to its flexibility. The
adoptive plan alternative would:
i. Result in minimal interruptions as its implementation was likely to cause
minimal PAPs. None of the beneficiaries would experience complete or
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localized displacement.
ii. Lead to a realization of the vision of the settlement residents such as improved
circulation and accessibility.
iii. The Adoptive approach borrowed heavily from the community proposals and
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aspirations obtained from the visioning and participatory planning exercise.
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5Full impact is applying since the structures are just temporary and they will be removed to open up the blocked
accesses.
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Map 2.1 presents LP&LUDP prepared for the settlement
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Map 2-1: Kambi Moto LP&LUDP
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2.3 Sectional Titling in the Settlement
2.3.1 Community sensitization on Land tenure Options
The community was sensitized on the two tenure options (community & sectional
titles) during the community participatory planning exercise held on 30th May and on
26th July 2019 (see annex 4). Although a majority of the community members (54%)
had opted for one community title during the socio-economic survey exercise, they had
a change of mind after sensitization of the two options (community and sectional
properties title) upon the realization that individual titling was a possibility through
sectional titles. Apart from ensuring security of tenure for individual beneficiaries,
Sectional Titles will achieve a greater sense of communal lifestyle, maintaining the
social networks and interactions within the community.
The Settlement is comprised of individual structures of a footprint area of 4m by 4m
with a 3 vertical levels(sections) with a total plinth area is 48m2. This settlement
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pattern, coupled with the World Banks’s provisions on zero or minimum generation of
PAPs, greatly influenced the choice of sectional titles tenure option. The following
table provides a comparison between the two tenure options presented to the
community.
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Table 2-3: Comparison of title options explored and discussed with the community
No Subject Community Title Sectional Titles
1. Form of One title issued to the Unit titles are issued to individual
Tenure community beneficiaries
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2. Ownership The property is owned Sections(units) are owned by the
jointly by the community as respective individuals
co-tenants Common properties are owned
jointly as tenants in common.
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3. Management Managed through a Community forms a corporation as
corporation per the provisions of Sectional
properties Act-process will be
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facilitated fully by KISIP
4. Disposition of Depending on the type of The individual owner can dispose off
property shares ownership, it is his/her property with approval of
possible to transfer shares the corporation
between parties, with
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approval of the group
5. Loan It is not possible to use the The individual owner can use their
application property for application of a property to apply for loans
loan at an individual’s
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capacity
6. Alterations of The community title relates Owners lack freedom to alter,
buildings to land and not buildings; it renovate or expand their sections
is therefore possible to without the approval of the body
impose changes on corporate
individual buildings
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7. Community Both options achieve a greater sense of communal lifestyle
Interactions
2.3.2 Selection of the best titling option
Based on the above analysis that was also presented to the community, during a
meeting held on 26th July, 2019, the sectional titles option was unanimously adopted
by the Kambi Moto community.
To foster legitimacy and acceptability of the LP&LUDP and the entire process of tilting
thereof, community participation and engagements was central throughout the
planning and surveying process. This comprehensive and inclusive planning process
brought stakeholders including community members; (SEC members,
landlords/structure owners, tenants, youths, the minority groups, community elders,
business community, CBOs, NGOs, and religious leaders; technical staff (KISIP
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County and National Teams, the Consultant) and other key stakeholders including the
area chief and area MCA. Details of the Meetings provided under Section 4.0. Out of
the stakeholders’ engagement meetings, the key sensitization messages revolved
around:
• Progress of each project output accompanied by presentations to the community
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for comments and concurrence
• Selection and adoption of most preferred planning option that would ensure
minimum disruption of the community set-up
• Formulation of plan proposals including community-led decisions on
beneficiaries who had blocked the access ways. The community members
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expressed their willingness to relocate throughout the project period.
• Selected provisions from the Constitution of Kenya on rights of ownership of Land
and property, inclusion of women, the minority groups and vulnerable groups, and
protection of the Environment. Protection of Children’s rights was also
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encouraged.
• The community was also sensitized on possible grievances that would arise during
the process and ensuring amicable resolution of disputes through the community
led mechanism, that is the SEC and Grievance Redress committee
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• Ensuring that they do not interfere with the beacons, but rather, they were
encouraged to protect them.
• Cut-off date of 26th July 2019 during plan adoption stakeholders meeting.
Table 2-4: Main Concerns raised by community and responses given during the Plan
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Adoption Meeting Held on 26th July 2019
Concern Response
There are beneficiaries within the It was made clear that sectional property titling
settlement who have not yet can be taken to any level of development. Unbuilt
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developed their parcels. How will parcels will be taken as plot numbers and upon
they be considered under the development of structures, the owners will be
sectional titling option? forced to adhere to the existing building plan
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What name can best be adopted The beneficiaries were informed that they were
by the residents for the Sectional free to choose their most preferred name for the
Title option during title. They were advised to convene a meeting for
establishment of the the same.
corporation?
What will happen to the It was made clear that individual titling was not
residents occupying only one achievable in the settlement due to the small sizes
floor with regards to sectional of land occupied by the residents (16m2).
property titling option? However, it can be achieved through sectional
Residents need to be issued titles properties titling where during the survey
basing on the land they occupy process, structure coordinates will be picked by
and not the structures. the project surveyor. KISIP will bear all the costs
of the titling process. Moreover, it was also made
clear that beneficiaries seeking to develop their
structures further after completion of the KISIP
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project will be forced to undertake further survey
at their own cost
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2.3.3 Application of Sectional Titles
On operationalization of the sectional properties, the community was informed on the
following;
i. Sectional Titles will be issued for each unit (against the total plinth area of the
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structure). Certificates will also be issued to show the share in the common
property apportioned to each unit owner.
ii. After registration of the Unit, as stipulated in subsection (1) of the Sectional
Properties Act of 1987, the unit may devolve or be transferred, leased, charged
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or otherwise dealt with in the same manner and form as land held under the
Registered Land Act (Land Act).
iii. In the case of Kambi Moto where there are shared property walls, one registered
unit can effect minimal alterations in case of change in desired design
iv. As provided by the Sectional Properties Act of 1987 the community is required
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to form a corporation for all the 145 beneficiaries to facilitate registration of
sectional Plan. The community was guided on the formation of the corporation,
and the community already undertook this activity during the planning phase,
including election of officials and formulation of the requisite constitution that
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dictates the rules and regulations of their administrating and managing their
community henceforth. The community officials and the constitution
formulated by the community was presented and discussed during the final
stakeholders meeting held on 4th of November 2019 (See Annex 2). However,
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more sensitization will be done by KISIP in collaboration with the department
of lands, Ministry of Lands and Physical Planning in subsequent steps of
registration of the sectional titles. All costs accruing to the formation,
registration and training on the corporation on their mandates in tenure
management will be borne for by KISIP
v. The Corporation shall have perpetual succession and a common seal.
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vi. The Corporation formulated by the 145 Kambi Moto beneficiaries shall be
regulated in accordance with the provisions of the Sectional Properties Act, and
the bylaws specified in the regulations shall subject thereto, have effect in
relation to the corporation and its board. However, the provisions of Company’s
Act shall not be applicable to the corporation.
vii. The corporation shall be required to make by laws to ensure control,
management and regulation of the units as well as utilization of shared property
2.4 Validation of Plan and List of Beneficiaries
The Kambi Moto community validated and endorsed the LP&LUDP on 26 th of July
2019 (see annex 3) in the presence of the project’s consultant, KISIP National and
County teams and local Member of County Assembly representative. The community
confirmed that the Adoptive plan was their best choice and it had been prepared with
their inputs.
The final verification and validation of list of beneficiaries was necessary to ensure that
only the legitimate structure owners were enumerated in the list of beneficiaries. This
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exercise was conducted twice during the project period – (Preliminary Verification and
the Final Verification). Verification of the Final list of beneficiaries was done between
26th and 27thJuly 2019. It involved issuance of project ID cards to the beneficiaries and
those signing in the List of beneficiaries confirming their details were correctly
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captured.
To safeguard the legitimate beneficiaries against imposters, the following measures
were undertaken;
• The SEC was involved and they played a key role in ascertaining the
actual structure owners in the settlement
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• Involvement of local leadership / administration (including the area
chief, Deputy County Commissioner, village elders)
• To avoid any ownership disputes, all the beneficiaries would identify
their close neighbours thus preventing people from outside the
settlement claiming structure ownership in the settlement.
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• The exercises of verification of the List of beneficiaries was done publicly
2.5 Plan Approval
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The Kambi Moto LP&LUDP was approved by the Nairobi City County Government
under the plan approval reference - UP/UPR&S/ZONE 17/182/01/20.
2.6 Surveying Phase
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The surveying phase involved boundary picking, pickings and computing the
structural areas for registration of the sectional titles, approval process of the survey
plans and amendment of the RIM.
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2.7 Preparation of Abbreviated Resettlement Action Plan for
Kambi Moto
The preparation of the Local Physical and Land Use Development Plan and surveying
for Kambi Moto Settlement, which aims at achieving tenure regularization, resulted to
11 PAPs. This was as a result of the proposed opening up of all the foot path access
within the settlement, which led to removal of the blocking structures.
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With the community adopted plan and the expected no change in the plan layout, it
formed the basis of the process of preparing this report. Considering that, the impact
was minimal, and the affected beneficiaries are less than 200, an Abbreviated
Resettlement Action Plan has been prepared, as per the World Bank’s OP 4.12 and
specifications in the KISIP Resettlement Policy Framework.
2.8 Continuous Sensitization on Title Registration
There has been a continuous community sensitization on land ownership rights. It was
encouraged that everyone (male, female, institutions and vulnerable groups) had equal
rights to be registered as the rightful landowners of their parcels they occupy in the
settlement. Additional Sensitization will be undertaken during implementation of this
ARAP.
The community was sensitized on the two possible tenure options, which included
community titles and sectional titles. Due to the semi-autonomous nature and other
benefits associated with sectional titles, the community preferred this option against
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the alternative of one community title. This is backed up with the fact that before KISIP
intervention, the Nairobi City County had approved the building plans that were used
to construct the structures in the settlement albeit their small sizes.
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Additional sensitization meeting on the subsequent registration of the sectional titles,
rules and regulations will be done by KISIP during the RAP implementation to
enlighten the beneficiaries on dynamics such as transfer of ownerships and
management of the common areas.
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CHAPTER 3: POLICY AND LEGAL FRAMEWORK
3.1 Introduction
Preparation of the Local Physical & Land Use Development Plan (LP&LUDP) for
tenure regularization may trigger Project impacts to people’s assets and livelihoods
sources. KISIP’s RPF, anticipates minimal displacement impacts of the project
activities which could be occasioned by:
i. Partial demolition of structures to expand / realign road reserves and;
ii. Reclamation of encroached way-leaves,
The RPF has been prepared in conformity with OP 4.12 of the World Bank and is
anchored in the policy and legal provisions of the GoK pertinent to Involuntary
Resettlement. However insignificant the impacts may be, this ARAP observes that
negative impacts of displacements, resulting from tenure regularization in Kambi
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Moto informal settlement, has to be mitigated through observance of appropriate legal
guidelines stipulated in the Kenya constitution 2010 and the World Bank Operational
Policy 4.12 and where the Kenyan Laws conflict with the World Bank policy, the Bank
policies takes precedence.
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Provisions of both GoK Laws and OP 4.12 of the World Bank will apply in the KISIP
project and where gaps are encountered, gap filling measures have been provided.
Additionally, project development has been firmly anchored on principles aimed at
mitigating displacement impact as follows:
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i. Involuntary Resettlement should be avoided where feasible
ii. Minimization of displacement
iii. Ensure all PAPs are adequately compensated for all losses they suffer as a
result of the project intervention.
iv. Assistance to vulnerable groups.
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v. Gender Empowerment and Inclusivity.
vi. Continuous Community Consultation and engagement
3.2 Relevant Policies and Laws of Kenya
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In order to mitigate the negative impacts of the affected persons, relevant national and
local laws, regulations and guidelines on resettlement have been adopted for this
ARAP. These regulations and guidelines are as follows:
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3.3 The Constitution of Kenya of 2010
The Constitution of Kenya 2010 recognizes individuals’ right to matters of owning
property including land, and displacement. Chapter Five of the Constitution, entitled
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"Land and Environment,” articles 60 – 68, describes the principles of land policy.
Land should be held, used and managed in a manner that is equitable, efficient,
productive and sustainable and in accordance with security of land rights, sound
conservation and protection of ecologically sensitive areas.
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3.4 The Land Act (2012) and National Land Policy (2017)
Land Act (2012) guides the implementation and harmonisation of the National Land
Policy and the Constitution by regulating land management and administration to
increase the security of tenure The National Land Policy classifies land in Kenya as
public, community or private land. The public land is held by the state and used for
public purposes. Community land refers to land lawfully held, managed and used by a
given community as defined in article 63 of the constitution. Private land refers to land
lawfully held, managed and used by an individual or other entity under statutory
tenure.
3.5 Land Registration Act (2012)
In public land management, the Commission is required in section 10(1) to prescribe
guidelines for the management of public land by all public agencies, statutory bodies
and state corporations in actual occupation or use. In these guidelines management
priorities and operational principles for management of public land resources for
identified uses shall be stated. The land occupied by Kambi Moto informal settlement
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is classified as Public land thereby invoking some sections of this Act.
3.6 Prevention, Protection and Assistance to Internally
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Displaced Persons and Affected Communities No. 56 of
2012 (Large Scale Development Projects)
In terms of large-scale development projects, the Act defines Internally Displaced
Persons as a person or group of persons who have been forced to leave their homes or
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places of habitual residence as a result of large scale development projects. Hence this
project triggers the Act. According to article 5(2) and 6(3), the government shall
prevent such displacements except where it is justified by overriding public interests.
Article 22(1-5) explains the procedures for displacement induced by development
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projects, which should take into considerations the following:
• Seek the free consent and informed consent of the affected persons;
• Hold public hearings on the project planning
• Give justification for displacement and demonstrate that the
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displacement is unavoidable and no feasible alternative exist
• Give reasonable time to the persons affected to review the decision and
challenge it if need be
• the displacement to be carried out in a manner that is respectful of the
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human rights of those affected, taking in particular into account the
protection of community land and the special needs of women, children
and persons with special needs
• The process to incorporate information for those affected and their
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effective participation, including by women, in planning, management
of the displaced, and in defining suitable durable solutions;
• Provisions of safe, adequate and habitable sites and to the greatest
practicable extent, of proper accommodation; and
• Creation of satisfactory conditions of safety, nutrition, health and
hygiene and the protection of family unity.
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• Ensure the presence of government official when the displacement and
relocation is effected and the monitoring by the independent body.
3.7 National Land Commission Act 2012
The National Land Commission (NLC) 2012 under Article 67(2) of the Constitution is
mandated to alienate public land on behalf of, and with the consent of the national and
county governments, monitor the registration of all rights and interests in land; ensure
that public land and land under the management of designated state agencies are
sustainably managed, manage and administer all unregistered trust and community
land.
3.8 The Valuer’s Act Cap 532
The Act establishes a board (Valuers Registration Board-VRB) with the responsibility
of registering the valuers and regulating their activities according to the provision of
the Act. In this project, the Act is triggered since a registered valuer is required to carry
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out valuation estimates for the project according to the regulations in the Act. All
affected assets under this ARAP has therefore been valued by a qualified and registered
valuer.
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3.9 Sectional Properties Act, 1987 (Rev. 2012)
It is an Act of Parliament that provides for the division of buildings into units to be
owned by individual proprietors and common property to be owned by proprietors of
the units as tenants in common and to provide for the use, management of the units
and for common property and connected Purposes. Section 4 of this Act, stipulates
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that the Provisions of Land use planning, relating to subdivision of land, do not apply
under a sectional plan.
In this form of tenure, each beneficiaries’ unit shall be registered and issued with a
title.
The requirements of sectional plans are as follows;
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a) The heading of the plan shall be described as a sectional plan;
b) Delineation of the external surface boundaries of the parcel and the location of
the building in relation to them;
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c) Bear a statement containing those particulars as may be necessary to identify
the title to the parcel;
d) Include a drawing illustrating the units and distinguishing the units by numbers
or other symbols;
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e) Define the boundaries of each unit;
f) Show the approximate floor area of each unit;
Section 17 of the act requires that a corporation is registered to facilitate the
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registration process:
1) On the registration of a sectional plan there shall be constituted a Corporation under
the name “The Owners, Sectional Plan No. (the number to be specified being the
number given to the plan on registration)”.
2) A Corporation shall consist of all those persons—
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(a) who are the owners of units in the parcel to which the sectional
plan relates; or
(b) who are entitled to the parcel when the sectional arrangement
is terminated under this Act.
3) The Corporation shall have perpetual succession and a common seal.
4) The Corporation shall be regulated in accordance with this Act and the bylaws
specified in the regulations shall subject thereto, have effect in relation to the
corporation and its board.
5) The provisions of the Companies Act (Cap. 486) shall not apply to the Corporation.
3.10 KISIP’s Resettlement Policy Framework
KISIP’s RPF conforms to OP 4.12 of the World Bank and is guided by the legal
provisions of the Kenya constitution 2010 as relates to Involuntary Resettlement
namely; - The National Constitution, Sessional Paper No. 3 of 2009 on National Land
Policy. The OP 4.12 of the World Bank requires that an RPF be prepared for all projects
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that anticipate displacement of both settlements and livelihoods. Under KISIP’s
activities, minimal displacements are anticipated and therefore, the RPF:
i. Provides for a policy, legal and institutional framework for responding to all
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direct economic and social displacement impacts occasioned by activities
undertaken under KISIP:
• the involuntary taking of land resulting in relocation or loss of shelter;
loss of assets or access to assets; or loss of income sources or means of
livelihood, whether or not the affected persons must move to another
location; or
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• The involuntary restriction of access to legally designated parks and
protected areas resulting in adverse impacts on the livelihoods of the
affected persons.
ii. Offers choices among, and identify technically and economically feasible
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resettlement alternatives; and,
iii. Puts in place modalities for providing prompt and effective compensation at full
replacement cost for loss of assets attributable directly to the project and
provide support during the transitional period to enable the affected people to
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improve or at least restore their pre-impact living standards.
3.11 The World Bank’s Involuntary Resettlement Policy OP 4.12
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The World Bank’s Involuntary Resettlement Policy OP 4.12 requires that social
impacts of all project it supports be mitigated according to operational polices that
spell out the principles and planning methods for mitigation work. The World Bank’s
IRP applies whenever property must be acquired, or its use modified, for a project, and
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that acquisition or modification results in the loss of income, residence or access to
resources, either permanent or temporary and whether the occupation is legal or
illegal. World Bank Involuntary Resettlement (OP 4.12) states that:
• Avoiding or minimizing involuntary resettlement where feasible, exploring all
viable alternative project design; where it is not feasible to avoid resettlement,
resettlement activities should be conceived and executed as sustainable
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development programs, providing sufficient investment resources to give the
persons displaced by the project the opportunity to share in project benefits;
• Displaced persons should be meaningfully consulted and have opportunities to
participate in planning and implementing resettlement programs;
• Displaced persons should be assisted in their efforts to improve their
livelihoods and standards of living or at least to restore them, in real terms, to
pre-displacement levels or to levels prevailing prior to beginning of project
implementation, whichever is higher and;
• The production/livelihood systems of a community are safeguarded to the
extent that guarantees their livelihoods and that their skills base remain
relevant regardless of the resettlement site. The policy objectives are also
designed to minimize kinship group dislocation that might subject the affected
persons to unfair competition when mutual help is diminished or lost.
World Bank’s (OP 4.12) allows that “for projects in which the number of people to be
displaced with a loss of assets or restriction of access to assets is less than 200 persons
will experience resettlement effects, and abbreviated resettlement plan (ARAP) should
be prepared. The displacement of 11 assets in Kambi Moto meets these conditions.
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3.12 Analysis of the Gaps between National Legal Frameworks
and the World Bank Policies
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The principles behind the national legal framework and World Bank Policies are to
ensure that the affected persons are not disadvantaged due to involuntary
resettlement. Where there is a gap between Kenya law and the World Bank policy, the
World Bank policy shall apply in this ARAP.
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Table 3-1: Comparative Analysis of World Bank OP 4.12 and Kenya
constitution and GAP filling Measures
OP 4.12 Kenyan Gap filling
Legislation Measures
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GENERAL REQUIREMENTS
World Bank OP 4.12 has 1. The Land Act, 1. Ensure that
overall policy objectives, 2012 Act resettlement
requiring that: outlines issues are
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1. Involuntary procedures for considered at the
resettlement should be sensitizing the design stage of
avoided wherever affected the project to
possible, or minimized, population to avoid/ minimize
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exploring all the project and resettlement.
alternatives. for consultation this includes
2. Resettlement programs on implications minimum
should be sustainable, and grievance planning
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include meaningful procedures. standards
consultation with 2. The Land Act adopted for
affected parties, and 2012 guarantees KISIP
provide benefits to the the right to fair 2. Implement
affected parties. and just World Bank OP
3. Displaced persons compensation in 4.12 policy –
should be assisted in affected persons
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OP 4.12 Kenyan Gap filling
Legislation Measures
improving livelihoods case of should be
etc., or at least relocation. assisted in
restoring them to 3. The Land Act improving their
previous levels. does not livelihood to pre-
stipulate that project status.
resettlement
should be
avoided
wherever
possible; on the
contrary, as long
as a project is for
public interest,
involuntary
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resettlement is
considered to be
inevitable.
4. Just and fair
compensation as
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outlined in the
Land Act 2012 is
not clear and can
only be
determined by
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NLC, which can
be subjective. It
is does not talk
about improving
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livelihood or
restoring them
to pre-project
status.
PROCESS REQUIREMENTS
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Consultation: Displaced The Land Act Implement
persons should be outlines procedures consultation
meaningfully consulted and for consultation procedures as
should have opportunities with affected outlined in both
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to participate in planning population by the Kenyan legislation
and implementing NLC and grievance and World Bank.
resettlement programs, the management For involvement of
policy is particular on procedures. vulnerable and
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involving vulnerable and women, the OP 4.12
marginalized as well as will be applicable.
women in the process.
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OP 4.12 Kenyan Gap filling
Legislation Measures
Grievance: For physical Land Act 2012 Adopt both by
resettlement, appropriate clearly outline the providing for
and accessible grievance steps and process alternative
mechanism will be for grievance grievance
established. redress that mechanism that are
includes alternative project based.
dispute resolution, Affected persons
re-negotiation with also free to seek
NLC and is backed legal redress if not
by the judicial satisfied.
system through
Environmental and
Land Court
Kenyan legislation
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meets OP4.12
requirements.
Eligibility Criteria The Land Act 2012 Ensure ALL users
Defined as: provides that (including squatters,
(a) those who have formal written and laborers, rights of
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legal rights to land unwritten official or access) of affected
(including customary and customary land lands are included
traditional rights recognized rights are in the census survey
under the laws of the recognized as valid or are paid.
country); land right. The Law
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(b) those who do not have provides that Implement cut-off
formal legal rights to land at people eligible for procedures as
the time the census begins compensation are outlined in the RPF
but have a claim to such land those holding land and Kenyan Law.
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or assets—provided that tenure rights.
such claims are recognized Land Act also
under the laws of the country recognizes those
or become recognized who have interest
through a process identified or some claim in
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in the resettlement plan. the land such
(c) Those who have no pastoralist or who
recognizable legal right or use the land for
claim to the land they are their livelihood.
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occupying. The constitution
To determine eligibility: recognizes
Carry out resettlement ‘occupants of land
census. Cut-off date for even if they do not
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eligibility is the day when the have titles’ and
census begins. payment made in
good faith to those
occupants of land.
However, this does
not include those
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OP 4.12 Kenyan Gap filling
Legislation Measures
who illegally
acquired land.
Land Act 2012
provides for census
through NLC
inspection and
valuation process
but is not clear on
cut-off date.
Measures: Preference Land Act 2012 Ensure that all
should be given to land- appears to prefer alternative options are
based resettlement cash for cash as the considered before
strategies for displaced mode of providing cash
persons whose livelihoods compensation by compensation.
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are land-based. the Government to
Cash based compensation the affected OP 4.12 Prevails.
should only be made where population.
(a) land taken for the
project is a small fraction of Land Act talks of
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the affected asset and the prompt, just OP 4.12 Prevails.
residual is economically compensation Implement prompt
viable; (b) active markets before the and effective
for lost assets exist and acquisition of land. compensation at full
there is sufficient supply of However, replacement cost for
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land and housing; or (c) interpretation of the losses of the
livelihoods are not land- just compensation assets. Ensure that
based. is yet to be clearly ALL resettlement
outlined through a options are agreed
on with PAPs and
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World Bank OP4.12 Article specific schedule.
6(a) requires that displaced Attorney’s fees, cost put in place
persons are provided with of obtaining advice BEFORE
prompt and effective or cost incurred in displacement of
compensation at full preparing and affected persons.
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replacement cost for losses making written
of assets attributable claim not in the
directly to the project. Land Act.
If physical relocation is an
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impact, displaced persons The Act does not
must be provided with out rightly stipulate
assistance during assistance for
relocation and residential relocation but
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housing, housing sites rather that is left
and/or agricultural sites to subject to
at least equivalent interpretation.
standards as the previous
site. Replacement cost does
not take depreciation into
account. In terms of
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OP 4.12 Kenyan Gap filling
Legislation Measures
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.
Valuation: With regard to Valuation is Apply the World
houses and other covered by the Bank
structures, it is the market Land Act 2012 and OP4.12valuation
cost of the materials to build stipulates, as and compensation
a replacement structure already mentioned, measures.
with an area and quality that the affected
similar to or better than person receive just
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those of the affected compensation, but
structure, or to repair an it is not specific of
affected structure, the cost the exact amount or
of transporting building procedures on the
materials to the same.
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construction site, cost of any
labour and contractors’ fees,
cost of any registration and
transfer taxes.
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CHAPTER 4: APPROACH AND METHODOLOGY
4.1 Introduction
The Abbreviated Resettlement Action Plan for tenure regularisation of Kambi Moto
informal settlement was developed within a method consistent with the WB OP 4.12
and the Government of Kenya legal framework. The affected assets were valued by a
qualified and registered land valuer as guided by this Abbreviated Resettlement Action
Plan. The PAP census and consultations were led by an experienced sociologist. The
ARAP process included review of relevant documents, field visits, public consultations,
and PAP household surveys. Specifically, the various activities undertaken to prepare
the ARAP were as follows:
4.2 Review of relevant documents
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This involved reviewing of relevant documents including:
i. KISIP Resettlement Policy Framework (RPF) which provides a framework
consistent with the World Bank’s OP 4.12 for mitigating physical and livelihood
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displacement impacts.
ii. World Bank policies on Involuntary Resettlement
iii. Nairobi City County Integrated Urban Development Plan.
iv. KISIP Environmental and Social Management Framework (EMSF) which
provides a framework for identification and mitigation of potential
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environmental and social impacts arising from any KISIP project intervention.
v. Socio Economic Report for Kambi Moto Informal settlement 2019 (prepared as
part of this consultancy) to provide baseline information for design and
monitoring project interventions.
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vi. Survey Plans, Registry Index Maps (RIMs) and Local Physical & Land Use
Development Plans (LP&LUDPs). The maps provided for the main settlement
access from the existing (12m Ndingi Mwanzeki Road) and internal circulation
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footpaths of minimum width of 1.5m.
Literature review was aimed at understanding the socio-economics of the project area;
harmonizing differences in resettlement and compensation guidelines between the
Kenya constitution and the World Bank Operational Policies, notably O.P 4.12 and
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establishing land tenure systems in the project area.
4.3 Socio-economic interviews and Census Survey of PAPs
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Field visits were undertaken to identify the properties affected by the project. The
analysis of the settlement’s high-resolution imagery combined with ground Physical
measuring was used to establish the extent of the property affected. In addition,
observation of social and physical setting of the area as well as economic activities was
undertaken.
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Interviews were held with each of the 11 affected PAPs using pre-designed semi-
structured questionnaires. A 100% census of all PAPs was undertaken. Using a GPS,
affected properties were identified and measurements and photographs taken. During
the household interviews, the following aspects were covered:
• Contact details and demographic data of the affected household,
• Vulnerability of PAPs
• Culture and social networks
• Livelihoods and income sources,
• Access to facilities and services’
• Land tenure/ownership and structures in the homestead,
• Perceptions of the titling programme and clearance from ROW for
infrastructure provision and,
• Anticipated impacts of the project
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Analysis of the data collected for the socio-economic survey, was done using MS-
EXCEL and presenting the analysis results in charts and graphs into the ARAP report
for Kambi Moto informal settlement.
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4.4 Stakeholder consultation
Public participation is a key principle in the Kenyan Constitution (2010)-article 10.
This was achieved through various community meetings that were held from the time
of project initiation to the culmination of the ARAP report preparation.
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4.5 Identification and Valuation of affected assets
Valuation, which is the art or science of establishing the worth of a particular interest
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in property for a specific purpose and at a particular moment in time, considered all
the features of the property, demographics, topography as well as the underlying
market drivers. The valuation exercise was undertaken as per the Valuers Act Cap 532,
which provides for a Valuers Registration Board that regulates the activities and
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conduct of registered valuers. The Act governs the formation and guidelines of
valuation practice including the annual licensing and gazettement of valuers. The
Board also deals with ethics of the profession as well as registering complaints,
disciplining and deregistering of unethical members.
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The dates of inspection or survey were on 21st August 2019, which was the last day of
the exercise. During the PAP census survey, the type of structures affected ranging
from semi-permanent to temporary structures were documented. The amount of
compensation for individual PAPs was arrived at after computation of what he/she
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owned based on the asset inventory. A detailed breakdown of the affected assets is
appended to this report.
The valuation method adopted was full replacement cost method or contractor’s
method for asset valuation. This method of valuation is based on an estimate of the
current market value of the asset and other considerations. Valuation was based on
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Abbreviated Resettlement Action Plan for Kambi Moto
detailed field data, description on type of property, condition, plinth/built-up area and
replacement cost value. Through these methods, the assets valued were basically
temporary structures within the project area boundaries.
A detailed valuation report has been presented as an annex to this report.
4.6 Valuation Parameters
Different parameters were used in this valuation depending on the specific item under
valuation, their nature, their use, and intervening circumstances that may have effect
on the value. In this case, the items were categorized as: Plants, temporary structures,
and semi-permanent structures.
4.7 Cut-off date
In the KISIP Resettlement Policy Framework, the cut-off date is described as the date
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of start of the socio-economic survey/census and asset inventory of PAPs. Following
declaration of the cut-off date on 26th July 2019 during community plan
validation/adoption meeting. It was made clear that new persons entering and/or
occupying land in the project area after the cut-off date will not be included in the
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inventory of PAPs and not eligible for any facilitation or displacement assistance. In
addition, assets including structures established or modified after the cut-off date
could not be considered for compensation.
The affected properties were identified and valuation carried out to assess
commensurable values. In this process, only PAPs registered during the baseline
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survey were considered eligible for facilitation. The PAP’s census survey, a consultative
sensitization meeting with all PAPs and valuation of properties was undertaken and
completed on 21stAugust, 2019. The meeting was attended by 25 stakeholders
(including the Nairobi City County government representatives and local community
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project affected persons, the PAPs were again sensitised on the cut-off date
implications if anyone would have gone against the cut-off date directions.
Participation during the PAPs consultative meetings is presented in the following table
4-1:
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Table 4-1: Stakeholder participation during the PAPs meeting
Purpose of Date Category of Number of Participants by Subjects of
Meeting Stakeholders Gender Discussion
Male Female Total
Consultative 21.8.2019 Community PAPs 11 14 25 Community
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RAP meeting Consultant, Nairobi City appraisal on the
Undertaking a County Representatives and RAP process
mobilization SEC official Sensitization on
social safeguards
and (Gender,
sensitization
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vulnerable groups,
for PAPs GRC/M etc.) and
entitlement
Recap of cut-off
date
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Abbreviated Resettlement Action Plan for Kambi Moto
CHAPTER 5: PUBLIC CONSULTATION AND
PARTICIPATION
5.1 Introduction
Community participation in the ARAP process was critical to ensure that the needs,
priorities and aspirations of the PAPs provided guidance for effective participatory
planning. Through this process, the community ultimately owned the project.
The main objectives of Consultation and Participation were to:
i. Create awareness among the affected persons on the impact
ii. Have an all-inclusive process involving all the stakeholders –
community, county government, and other stakeholders with interests
on the settlement;
iii. Provide an opportunity for PAPs in the proposed project area to raise
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issues and concerns pertaining to the project;
iv. Facilitate collection and collation of PAPs and other stakeholders’ views
as well as incorporating them into the ARAP procedures and structures
and;
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5.2 Categories of stakeholders
The main stakeholders involved included; Primary stakeholders: Structure owners,
SEC, Institutions within the settlement; Secondary stakeholders: persons living in the
settlement/local community leadership and elected leaders; Key stakeholders: KISIP
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national team, relevant national line ministries and county department.
5.3 PAPs consultations
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The participatory forums provided an opportunity to the PAPS to be sensitized and
informed on many issues among them; planning and survey process, Kenyan legal and
policies including World Bank OP 4.12 on Involuntary Resettlement provision on
resettlement and informing PAPs on the planned census schedule in the settlement.
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5.4 Stakeholder meetings and issues raised
A total of four planning meetings were held where a number of RAP issues were
discussed. These issues included among others; possible project impacts and available
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grievance redress mechanisms available to PAPS as detailed in table 5.2. Also, one
PAP consultative meeting was held with the Kambi Moto PAPs on 21st August 2019.
During this meeting, the following areas were covered;
• Appraisal of the community members about the entire RAP process
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• Briefing of the PAPs of the enumeration exercise that was set to be undertaken
immediately after the meeting
• The PAPs were informed that the guidelines that the RAP process is based on
included i) The Kenyan Constitution (2010) chapter five on land and
environment, which has three classifications on land ownership rights; public,
private and communal. For the case of Kambi Moto, the residents had settled
on public land on which the project was meant to undertake adjudication to give
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them private rights. ii) Kenyan land laws legal framework and iii) World Bank
Safeguard Policies (Operation Policy 4.12). He added that the policies governing
land in Kenya would continue to exist even after issuance of the title deeds.
The schedule of the consultative stakeholder meetings including number of
participants is presented in table 5-1 below.
Table 5-1: Stakeholder involvement
PURPOSE DATE PARTICIPA NUMBER OF IN
OF NTS PARTICIPANTS DISCUSSI
MEETING MAL FEMAL TOTA ON
E E L
Introductio 27/3/2019 Community 42 37 79 • Sensitizati
n to the Members on on the
community KISIP 1 1 2 project
meeting & National • Introductio
project Nairobi 1 2 3
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n of
launch County consultant
Government to the
Consultant 3 3 6 community
working under
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KISIP
Local 4 0 4
administration
Total 51 43 94
Presentatio 30/05/201 SEC & 50 29 79 • Presentatio
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n of Socio- 9 Community n &
economic members confirmati
findings Nairobi County 2 1 3 on of
-Validation Government socioecono
of base
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Consultant 3 2 5 mic
maps working under findings
- KISIP • Validation
Community 2 1 3 and
Visioning KISIP endorseme
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&participat Local 2 1 3 nt of the
ory Administratio Basemap
planning n by the
Total 59 34 93 community
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• Communit
y visioning
for the
settlement
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• Communit
y
participato
ry planning
• Sensitizati
on on the
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Abbreviated Resettlement Action Plan for Kambi Moto
tenure
options
(communit
y&
sectional
titles
Technical 19/7/201 KISIP 9 9 18 • Discussion
Meeting 9 Nairobi on the
County proposed
Government Adoptive
Local planning
Administratio model
n
• Discussion
Consultant
on possible
working under
tenure
KISIP
options
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Presentatio 26/07/201 SEC & 56 43 99 • Presentation
n of draft 9 Community and
Final members discussion of
LP&LUDP Nairobi 2 5 7 the
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to the County conventional
Community Government and adoptive
for KISIP 1 1 2 planning
adoption Consultant 2 2 4 models,
working under based on the
Final
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KISIP community
verification Local 1 0 1 proposals
of LoB Administratio
arrived at
n
during the
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community
participatory
planning.
• Sensitizatio
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n on the
tenure
options
(community
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& sectional
titles
• Setting of
cut-off date
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Total 62 51 113
21/8/2019 Community 3 11 14 Community
members (11 appraisal on
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Abbreviated Resettlement Action Plan for Kambi Moto
Consultativ PAPs and 3 the RAP
e meeting SEC reps.) process
with PAPs KISIP 0 0 0 Sensitization
Nairobi 2 0 2 on social
County safeguards
Government (Gender,
Local 0 0 0 vulnerable
Administratio groups,
n GRC/M etc.)
Consultant 6 3 9 and
working under entitlement
KISIP Recap of cut-
Total 11 14 25 off date
The consultative RAP meeting held at Kambi Moto Social Hall on 21st August 2019 was
targeted for consultation with PAPs only. During this meeting various issues on the
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ARAP process being undertaken were raised by the PAPs and responded to as
documented under Annexed minutes of the final Abbreviated Resettlement Action
Plan. In summary ARAP issues raised by PAPs and responses provided are presented
in table 5-2 below;
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Table 5-2: Main Issues raised by PAPs and responses given
Issue Response
What is the fate of the social All stakeholders including the Nairobi City
hall which is above the sewer County were involved in responding to this
line question
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The members were informed that the social hall
was not impacted by the KISIP plan proposals,
therefore did not qualify as an affected structure
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under the project.
What are guidelines that are They were informed that KISIP project was not
to be followed if the local involved in structures building including that of
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church members wanted to the church. However, they were advised that they
continue building their should follow the county government regulations.
church hall which already
had ongoing construction
works?
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Can a structure owner’s No representatives or tenants would be
representative be interviewed except with consent from the owner
interviewed on his behalf?
what would happen to the These errors would be addressed during
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errors in the cards that were surveying and beaconing phase
issued
The community member Project team present assured the PAPs and
asked the project team to settlement committee present that they will
implement the project follow KISIP timelines.
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Abbreviated Resettlement Action Plan for Kambi Moto
speedily as they have waited
for long
Sought to know from the The Consultant working under KISIP confirmed
Consultant team, whether this will be considered during filling of beacon
the survey team will be certificates in the upcoming week and
coming to ground to sensitization will be done on a continuous basis.
sensitize members who have
issues with interpretation of
beacons
COMMUNITY CONSULTATION ON SECTIONAL TITLES
The community was sensitized on the two tenure options (community & sectional
titles) during the community participatory planning exercise held on 30th May and on
26th July 2019 (see annex 3 and 2 respectively). Although a majority of the community
members (54%) had opted for one community title during the socio-economic survey
exercise, they had a change of mind after sensitization of the two options6 (community
and sectional properties title) upon the realization that individual titling was a
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possibility through sectional titles. Apart from ensuring security of tenure for
individual beneficiaries, Sectional Titles will achieve a greater sense of communal
lifestyle, maintaining the social networks and interactions within the community.
Section 2.2 of this ARAP report has a detailed coverage on the administration and
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management of sectional titles. RE
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6 This is documented in Section 2.3 and 2.8 of this Report.
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Abbreviated Resettlement Action Plan for Kambi Moto
CHAPTER 6: PROJECT IMPACTS
6.1 Introduction
The prepared and approved LP&LUDP generated positive and negative impacts. These
impacts resulted from planning and surveying; specifically, the proposed clearance of
access paths within the settlement. The impacts led to PAPs losing structures.
Positive impacts include secure Land Tenure that enhance land ownership security
and hence an impetus for improvement of the settlement to a better place. With secure
land tenure, those living in the informal settlement can make long – term investment
commitment on the land. Issuance of title deeds guarantees permanency of property.
This will in turn improve the livelihoods of the beneficiaries in form of permanency
and access to finances by using the titles as collateral. There will also be improved ways
as encroaching structures will be cleared.
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Negative impacts will result from the plan implementation that will require removal
of structures that had encroached into the settlement accesses/passages as provided
for by the plan proposals and persons being affected thereof would require facilitation
to effect the necessary adjustments as per the approved plan proposals.
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6.2 The Project Affected Persons
This KISIP project (on tenure regularisation) intervention in the Kambi Moto informal
settlement was done post- development, after some earlier remedial interventions of
upgrading (building of permanent structures with common and uniform designs)
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which were facilitated by an NGO-Pamoja Trust, Nairobi City Council and the
Community- even though the redevelopment models were not done to conventional
planning standards due to space limitations. To achieve the key project objective of
enhancing tenure security in the settlement, it required preparation and approval of
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the physical and land use development plan. Therefore, through the re-planning of
settlement, there were incidences where some structures happened to be affected by
the plan proposals of reopening blocked access paths and proposing some
complementary support land uses-open/green spaces. Through the plan, it was
recommended that all the blocked accesses needed to be cleared to create better
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connectivity and accessibility within the settlement. This resulted to creation of the 11
PAP/Is composed of 4 females, 5 males, 1 Institution-church and 1 community self-
help group) as documented herein this report. This information is presented in the
PAP diagram below:
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Figure 6-1: Kambi Moto PAPs Diagram
PAPs- 11
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PAPs-9 PA/I/G-2
Male Female -
5 4
Vulnerable- 2
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Abbreviated Resettlement Action Plan for Kambi Moto
Vulnerable - 1 Vulnerable-1
6.3 Impact on structures
The Kambi Moto ARAP is triggered by the planning and surveying of the settlement,
which affected 11 structures which have been impacted by approved LP&LDP
proposals e.g. Opening up of blocked access paths. All the structures are fully affected.
The breakdown of the affected structures is indicated in the table below.
Table 6-1: Summary of the impacted structures
Description of affected property Number and/or
Unit of
Measurement
Veranda extension 1 (full impact7)
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20 feet Container laid on concrete blocks 1(full impact)
Semi-permanent structures /Temporary stores 7(full impact)
Empty Temporary poultry house 1 (full impact)
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Semi-permanent structures extensions (church structure is 1(full impact)
temporary one used as a store, religious activities will not be
affected since they have an alternative main structure adjacent)
Total 11
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7Fullimpact is applying since the structures are just temporary and they will be removed to open up the blocked
accesses.
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Map 6-1: Impacted Structures
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6.4 Impacts on Community Facilities (PAI)
The church structure affected is a semi-permanent house made of iron-sheet walls and
roof which was temporarily put up to act as a store. However, they have an adjacent
permanent structure which is the main hall. Therefore, the removal of the temporary
structure will not interrupt any religious activities.
6.5 Impact on vulnerable Groups
The KISIP RPF recognises the need for an inventory of vulnerable persons so as to
ensure provision of additional support so as to cushion them from impacts associated
with the project and to facilitate faster adjustment after effects caused by planning and
survey.
There are two vulnerable PAPs of which one is both aged and widowed, and the other
is aged. The vulnerable PAPs will be given a financial assistance of KES. 2,000 per
month for two months. In addition, they will be given priority in disbursement of
compensation funds. KISIP will share details of the 2 Elderly PAPs to the County
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Government Department of Social Services for enlisting to government social
programme such as the "Inua Jamii 70 years and above cash transfer programme for
aged PAPs.
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6.6 Tenure Security Impact: Sectional Titles
The sectional property titling option resulted from the Adoptive Local Physical and
Land Use development plan for Kambi Moto settlement to achieve the main objective
of enhancing tenure security for identified beneficiaries. The impacts generated from
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the titling option include; (i) Sectional ownerships and (ii) formation of a corporation
to manage the sections as stipulated by the Sectional Properties Act (1987). To ensure
this impact is adequately mitigated, KISIP will ensure provision of adequate
sensitization of the beneficiaries during implementation of the ARAP and facilitate the
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formation, registration and training of the corporation to be formed.
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CHAPTER 7: SOCIO-ECONOMIC PROFILE OF THE
PAPS
7.1 Household identification
There are 11 PAPS in Kambi Moto composed of (Individuals; 4 female and 5 males 1
institution-Catholic church and 1 self-help group (Muungano wa Kambi Moto). All
PAPS are from Kambi moto Settlement in Kiamaiko Sub- location.
7.2 Structural details
From the survey, 56% of the PAPS mentioned to have moved to Kambi Moto for
residential purposes while 44% mentioned to have moved for work purposes. The table
below indicates the years when the PAPS moved to Kambi Moto
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Figure 7-1: Years when PAPs moved to Kambi Moto
0%
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2010-2019
22% 1970- 1989
33%
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1990-2009
45%
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From the survey, 78% of the structures affected are used as temporary structures, 11%
are used as a personal storage facility and the remaining 11% is a veranda extension.
All the affected structures were constructed between 1992 and 2017. All the affected
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structures are temporary where majority are constructed with iron sheets for walling
and roofing with a concrete floor except for two structures that have stone walls and
are tiled floor. With regards to sources of capital for construction, 78% of the PAPs
mentioned they sourced from their personal saving and 22% used loans from
economic organizations to construct their structures.
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7.3 Age of PAPS
The PAPS are aged between 36 to 68 years with an average age of 49 years. The female
PAPS are aged between 46-68 years with an average age of 52 years while the male
PAPS are aged between 36-63 years with an average age of 46 years.
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7.4 Marital Status of PAPs
Of the PAPs interviewed 67 % (5 males and 1 female) were married, 11 % (1 female)
mentioned to be widowed while 22% (2 females) mentioned to be single.
7.5 Education level of PAPS
The PAPs recorded different levels of education attained; 67% of the mentioned to
have attained primary level of education, 22% mentioned to have attained secondary
level of education and 11% have attained college of education as illustrated below;
Figure 7-2: Education level of PAPS
80%
70% 67%
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60%
50%
40%
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30%
22%
20%
11%
10%
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0%
Primary level of Seconadry level College level of
education of education education
Majority of the PAPS (55%) mentioned to have been trained on several courses such
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as driving, tailoring and geographical information system. 44% have not received any
training and one female PAP has received training on tailoring; the other three female
PAPs have not received any training.
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7.6 Health
Majority (78%) of the PAPS mentioned not to have suffered from any illness for the
last six months on the other hand22% mentioned to have suffered from several
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illnesses over the last six months that ranged from Malaria to respiratory illnesses.
7.7 Social issues
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In terms of social groups and integration; under religion, 89% of the PAPS are
Christians while 11% are Muslim.
The PAPs also indicated they joined various socio-economic groups such as Milimani
SACCO, Maelewano Welfare, Eclof Kenya, Jirani Mzee welfare, Nduru- Runo and
Kariobangi welfare. The main activities of the organizations where PAPs are members
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Abbreviated Resettlement Action Plan for Kambi Moto
include table banking, savings and loan and help in social activities. Just 33% of the
PAPS mentioned that they did not belong to any socio-economic welfare/group.
PAPS indicated to receive social services such as health, education, water, energy,
sanitation, sports and market from within the area with an average distance of 3km.
The main energy source for the PAPS was mentioned to be cooking gas for cooking and
electricity for lighting purposes.
7.8 Economic Occupation
Project affected persons are involved in a number of economic activities including
Livestock rearing, business, casual jobs and renting of houses. Two PAPS mentioned
to be rearing poultry with average units of 14 and KES 2500 income per month. Seven
PAPS mentioned to be running businesses such as grocery, hair dressing, sand sale, oil
sale and water sale. The average income from the business per month is KES 14,571.
Two PAPs were engaged in casual jobs such as farming and construction with an
average monthly income of KES 8,500. The economic Activities do not take place in
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the Affected Structures.
67% of the PAPS are engaged in businesses, 22% are casual workers and 11% are
unemployed. Three of the four female PAPs are involved in businesses while one
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female PAP is unemployed. All male PAPS are either in businesses or in casual works.
Two PAPS mentioned to have rented houses out with an average monthly income of
KES 5,500. Four PAPS mentioned to have obtained loans from different institutions.
The average amount of loans is KES 105,000.
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Majority (67%) of the PAPS work within the settlement, while 33% work outside the
settlement.
All female PAPS work from within the settlement except one. 56% of the PAPS use
Bus/ Matatu as a mode of transport, 33% go on foot while 11% use private means.
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7.9 PAPS Expenditure Patterns
PAP’s income is spent on various needs including education, food, hiring business
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premises/labour, transportation, house rent and maintenance. The figure below
summarises the distribution of PAP’s income expenditures in various items:
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Figure 7-3: PAPS Expenditure
Medication Water Sanitation
3% 3% 1%
Energy…
House Rent and
Maintenance… Education
34%
Transportation
11%
Hiring busines
premises Food
16% 20%
7.10 Willingness to get the affected structure removed
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Majority of the PAPS 77.8% are willing to have the affected structures removed and
preferred to be given an opportunity to remove the structures by themselves after
facilitation. Those willing to have the structures removed mentioned to require
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support to remove the structure which they quoted compensation (cash or kind) of the
affection structure. On the other hand, 22.2% of the PAPS mentioned to be unwilling
to have the structures removed. They cited such reasons as loss of a place to reside and
loss of storage space8for declining removal of their structures.
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The average monthly income from the affected structures is KES 10,500 while the
average monthly profit from the affected business is KES 4,875. PAPS mentioned
impacts of the removal of the structures to be: loss of storage space, loss of residence
for a child and vulnerable child.
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8This has been mitigated as PAPs will be Given enough facilitation to enable then relocate their Structures as well
as 3 months self-demolition, salvaging of materials and reconstruction of affected Assets
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CHAPTER 8: MITIGATION OF IMPACTS
8.1 Introduction
The Kenya Informal Settlements Improvement Project (KISIP) Resettlement Policy
Framework (RPF) defines Project Affected Persons (PAPs) as persons affected because
they may lose, be denied, or be restricted access to shelter and/or economic assets thus
losing income sources, or means of livelihoods. These persons are affected whether or
not they must move to another location.
The World Bank’s Operational Policy O.P. 4.12 on ‘Involuntary Resettlement’ states
that the Project affected persons should be compensated at full relocation cost prior to
the actual move. Further, the PAPs should be supported during the transition period,
and/or their incomes restored to pre-impact or better status (in case of a commercial
structure affected) and also advocates for support to vulnerable groups.
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One of the objectives of this ARAP is to ensure that the PAPs conditions are improved
or restored to the project pre-impact levels. The negative impacts that are to be
mitigated, result from impacts on structures by the plan proposals in the approved
LP&LUDP. Consequently, the PAPs will require facilitation to remove these structures.
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8.2 Planning and Survey Impact Mitigation Measures
During the planning of Kambi Moto Informal Settlement, the application of adoptive
planning approach saw the settlement planning done based on the existing situation.
Given the built-up structures were already storeyed and permanent, there was no
intervention that would be done to widen internal accesses. This informed the
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adoption of the existing internal access ways as foot-paths with only recommendations
of opening up the sections that had been blocked.
Also given the smallness of the settlement (measuring 135m x 32m), it was considered
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to be a walkable settlement across direction thus the adoption of the pedestrianized
internal accesses.
On the other hand, rather than demolishing of the built structures in order to achieve
registrable parcel sizes for tenure regularization, the plan proposed for the alternative
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Sectional properties titling option to allow the beneficiaries be entitled to the total
areas of their constructed structures. This was adequately done through community
consultations. At the time of RAP implementation, KISIP will enhance sensitization of
beneficiaries during the community meeting on management of sectional titles (see
also annex 2, 3)
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8.3 Mitigation and Entitlements
Opening up of accesses as a result of planning and surveying resulted to partial or full
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impact on structures therefore generation of PAPs. All those persons who are affected
by these activities regardless of their legal tenure status are eligible for facilitation if
they had assets at the affected sites before the project cut-off date of 26th July, 2019.
Sectional titles is not a common property registration option, necessitating adequate
sensitization to the beneficiaries. Although the process of sensitization commenced
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Abbreviated Resettlement Action Plan for Kambi Moto
during the planning phase, further sensitization especially on subsequent titles
registration and operational modalities (post registration) will be done by KISIP
during the ARAP implementation phase, in collaboration with the department of
Lands, Ministry of Lands and Physical Planning. Formulation of a constitution that
dictates the rules and regulations of the beneficiaries and subsequent submission of
the same to the chief land registrar will be well ensure the beneficiaries aligns and
adheres to the spirit of this form of tenure security.
The entitlement matrix outlined in table 8-2 below defines the type of facilitation and
assistance provided to the different categories of Project Affected Persons.
8.4 Entitlement Matrix
Table 8-2 below shows the entitlement matrix that was used to determine the
compensation for the PAPs.
Table 8-1: Entitlement Matrix
NO TYPE OF PAP ENTITLEMENTS
LOSS CATEGORY
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A. Loss of structures
1. Fully Squatter • Cash facilitation at replacement cost without depreciation
affected/part
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affected and • Right to salvage materials.
remaining
structure is
non-viable
B. Support to vulnerable groups (Elderly, widowed, female heads etc.)
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• Additional cash support of Kshs 2000/month for the first three
months.
• Assistance on a case by case basis in self-demolition, salvaging
of Materials and rebuilding of fully affected structures.
• Forwarding of names of Elderly PAPs through county
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government for consideration for the unconditional cash
transfer programme "Inua Jamii 70 years and above cash
transfer programme’ administered by the national government’s
Ministry of Labour and Social Protection.
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C. Formation and Registration of a Corporation
KISIP shall undertake to foot all the statutory costs for formation,
registration and training on operationalization of the corporation
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CHAPTER 9: GRIEVANCE REDRESS
MECHANISM
9.1 Introduction
Grievance redress mechanisms are essential tools for facilitating PAPs to voice their
concerns about the compensation processes as they arise and, where necessary, for
corrective action to be taken promptly. Such mechanisms are fundamental to
achieving transparency in compensation processes.
The key grievance subject matters likely to arise in case of the planning and execution
for the Kambi Moto settlement include:
i. Mistakes on inventory of the affected assets that might have occurred during
the census survey;
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ii. Dispute over ownership of given assets between two or more affected
individual(s);
iii. Disagreements on structure valuation where the PAP feels that his/her asset
have been undervalued;
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iv. Delays in facilitation payment;
v. Extent and values for the resettlement and disturbance assistance
vi. Grievances arising from the titling process.
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These grievances necessitate the setting up of appropriate grievance and appeals
redress mechanisms to address the grievances and disputes that may arise from time
to time.
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9.2 Grievance Redress Management Mechanism
This ARAP has established procedures and mechanisms through which complaints
and disagreements can be resolved without costs and in a timely manner. The
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grievance redress mechanism (GRM) is simple and transparent; accessible to all the
affected persons irrespective of their location and/or socio-economic status; flexible
and open to scrutiny and; speedy, just and fair. The grievance redress mechanism
adopted in this ARAP. The proposed GRM is at 3 levels namely the settlement, the RIC
and the court of law. Each of the levels is discussed below:
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9.3 Settlement Grievance Redress Committee (SGRC)
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This Settlement Grievance Redress Committee (SGRC) was established at the onset of
the planning and surveying process, constituting of three members of the Settlement
Executive Committee with representation of a woman member, the Area Chief and the
ward Administrator. Its organizational structure comprises of the chair, vice chair and
three members. The grievances are received by the chair of the SGRC and entered into
the grievance logbook. The SGRC for Kambi Moto settlement is already functional. The
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Settlement Grievance Redress Committees (SGRC) will continue to operate during
implementation of this ARAP including times of disclosure and issuance of titles.
During community consultation forums, PAPs were continuously sensitized on the
available grievance redress mechanisms provided by this ARAP.
9.4 RAP Implementation Committee (RIC)
In case the grievance is not resolved at first tier, they will be forwarded to the proposed
ARAP Implementation Committee (RIC). At this level, county officials from the
County Government (as a key component of the RIC) are occasionally involved in
intricate land ownership disputes. In case of Kambi Moto settlement, this ARAP
recommends the RIC members to be composed of:
From KISIP National PCT:
a) Head of Component 1
b) Head of Component 2
c) Project Liaison Officer
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d) Social safeguard specialist
e) Community Development specialist
f) 3 members from Component 2 – Surveyor, Land Administrator and Valuer
g) KISIP Finance Officer
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From the County:
a) County KISIP Coordinator who will be the chairman
b) Community Development Officer
c) County Surveyor
d) County Physical Planner
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e) County Land Officer
f) Representative from NLC
9.5 Legal Redress
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In cases where PAPs are not satisfied with the decision of the Grievance Redress
committee of KISIP, the PAPs will be at liberty to seek legal redress at courts of law.
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9.6 Procedures for Receiving and Resolving Grievances
The proposed step-by-step procedures for receiving and resolving grievances are as
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follows:
9.6.1 Step 1: Receipt and Redress of complaint/grievance by SGRC
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All grievances whether verbal or written by a PAP or community member will be
lodged at any time directly through the chair of the SGRC. During receipt of the
grievances, the chair will interview the complainant and enter responses into a
grievance form (if the PAP cannot read/write). The chair will record the complaint in
a register while the complainant will fill the grievance receipt form for which s/he will
take a copy home.
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The SGRC will then meet within two weeks (14 days), based on the frequency of
grievances received by the chair, hold site level meetings to address the registered
grievances. The SGRC may opt to call the complainant or pass judgement/make
decision. If the SGRC is not able to resolve the complaint, it escalates the grievance to
the RIC. Whichever the case, the decision arrived at by the SGRC will be
communicated to the complainant not more than two days following the decision. If
satisfied, the complainant signs the satisfaction form and the same is entered into the
register. But if dissatisfied, the complainant will appeal to the RIC. Where the
complainant is satisfied and accepts the decision, corrective action will be taken and
verified by the SGRC.
9.6.2 Step 2: Escalation of the complaint to RIC
Where the SGRC is not able to resolve a complaint, it will escalate the grievance to the
RIC. The RIC will hold meetings to address grievances escalated to this level, these
meetings will be held at settlement level on case by case basis when required.
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Following redress decisions reached, the RIC will communicate the same to the
complainant through the SGRC. Decisions by the RIC will be taken within two weeks
(14 days) from the date the complaint is escalated.
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9.6.3 Step 3: Alternative Action/Judicial Recourse
Where an aggrieved party is not satisfied with the resolution by the RIC, the party will
be at liberty to appeal to the courts of law at any given time and at his/her cost. The
proposed schematic diagram of the grievance redress mechanism is presented in the
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following figure:
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Level 1
Registration of the grievance with GO and resolution by
SGRC (14 days)
Level 2
Forward findings
and
recommendation
Complainan s to Resettlement
YES NO
t satisfied Implementation
with the (RIC)
outcome Committee
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Grievance
Final closure YES processing
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Complainant
satisfied by
with
Mediation
outcome
committee
(14days)
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NO
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Level 3
Complainant seeks
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legal redress
Figure 9-1: Grievance Redress Procedure
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CHAPTER 10: INSTITUTIONAL AND
IMPLEMENTATION ARRANGEMENTS
10.1 Overview
The overall responsibility for the implementation of the ARAP is vested in KISIP - the
Project Coordinator and staff of the Project Coordinating team (PCT). The PCT
consists of Component heads, planners, social safeguards experts, Monitoring and
Evaluation, procurement officer etc.
The main objectives of resettlement and compensation are to ensure that the PAPs
get fair and prompt compensation. In this way it is expected that their income,
productivity and standards of living will be improved, or at least restored to their
previous levels or even better.
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The guiding principles for the implementation of the ARAP will be as follows:
a. Resettlement or relocation has been minimised by taking into consideration
all possible alternative measures.
b. Compensation will be paid concurrently with issuance of titles in a manner
that does not curtail the livelihoods of the PAPs in terms of access and
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utilisation of such compensation.
c. The compensation values awarded are fair.
d. All other activities related to the ARAP will be communicated in advance to
the PAPs using the preferred channels of communication.
e. Where grievances arise, the respective PAPs/beneficiaries who lodged the
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grievance will be given an opportunity to be heard, fairly and promptly.
f. Measures will be taken to ensure that vulnerable PAPs get special assistance
and support as documented in the entitlements of this ARAP.
10.2 Resettlement Implementation Institutions
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This ARAP will be implemented within a period of not more than 90 days upon
approval from the World Bank. At implementation phase, KISIP will ensure all PAPs
are adequately facilitated according to the provisions of this ARAP before Title Deeds
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are issued to all beneficiaries. The implementation tasks will be carried out by KISIP
Resettlement Implementation Committee (RIC) for Nairobi City County whose
composition is outlined in this ARAP. Table 10-1 below indicates the County and
National Government role in this ARAP implementation:
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Table 10-1: National and County Government ARAP Implementing
Institutions
No. Institution Role Capacity
1. Ministry of Transport, It houses the KISIP •The Ministry has the
Infrastructure, project and provides capacity for
Housing and Urban for policy direction. implementation of this
Development. Preparation of Title ARAP
deeds for the •The Ministry has the
settlement capacity for
infrastructure
improvement in the
planned settlements
•The Ministry has experts
in the necessary key
areas: land management,
land administration and
physical planning.
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2. Ministry of Finance •Financial management Capacity exists and funds
on behalf of the will be made available.
Borrower (GoK).
•Provision of
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counterpart funding –
part of which is used
to settle compensation
claims by PAPs.
3. National Land •Custodian of all public The commission has the
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Commission land on behalf of the capacity on this mandate.
County Governments.
•Ensures Issuance of
Title Deeds to
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beneficiaries.
4. County Government •Ensures that all PAP’s •The county has capacity
are authentic in the enforcement
•Ensures that there is department.
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no re encroachment or •The county has a
any new development functional social
after cut-off date and development office that
before compensation has been collaborating
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process is completed. with KISIP national
office.
•There is a functional
KISIP County office
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existing.
5. Ministry of Lands •Processing of title •Exist capacity to handle
deeds the tasks
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In addition to the above government institutions, several structures have been
established to ensure effective implementation of this ARAP
10.3 ARAP implementation at KISIP
10.3.1 KISIP Project Coordination Team
The overall coordination of the whole process is provided by the KISIP Project
Coordinating Team (PCT). The National KISIP Coordinating Unit has the following
roles:
a. Coordinate the effective implementation of the RAP as provided for by the
RPF.
b. Prepare Progress Reports on the implementation of the Social Safeguards.
c. Procure and supervise consultants for Social safeguards.
d. Build the capacity at all levels to implement the RAP.
e. Supervise RAP implementation during and after project implementation.
f. Ensure integration of RAPs into Contract and Bid Documents.
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g. Ensure adequate community participation.
The Project Coordinator is the overall technical coordinator in the Project
Coordinating Team (PCT) and implementation of KISIP. She/he will supervise the
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project team and ensure that project implementation activities and reports are done
on schedule and in compliance with the financing agreement. The coordinator will
report to the Principal Secretary in the Ministry of Infrastructure, Transport
Housing and Urban Development and will from time to time draw the attention of
the PS to all emerging policies issues for decision at that level or a higher level.
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The PCT is responsible for routine implementation and technical aspects of the
KISIP project and comprises of a Safeguards Team which has Social Safeguard
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Specialists responsible for ensuring that the Social Safeguards are implemented.
10.3.2 KISIP ARAP Implementing Committee
A Resettlement Implementations Committee, appointed by the Project Coordinator
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is has been incorporated in the GRM and has the overall responsibility of Monitoring
and Evaluation of the resettlement process. The following are the recommended
members:
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From KISIP National PCT:
a. Head of Component 1.
b. Social Safeguard Specialist.
c. Community Development Specialist.
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d. 3 members from Component 2 – Surveyor, Land Administrator and Valuer.
e. KISIP Finance Officer.
From the County
a. County KISIP Coordinator who will be the chairman.
b. Assistant County Commissioner.
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c. Community Development Officer.
d. County Surveyor.
e. A representative from enforcement department.
f. Town Administrator.
The committee works with the Project Affected Persons for each settlement. The
committees’ roles are as presented below.
a. The Resettlement Implementation Committee shall ensure the list of all PAPs has
been verified and documented in the PAP register. The register shall have, among
other parameters, (1) the name of the person, (2) type of loss (structure /
Livelihood) (3) identification number of the PAP, (3) Compensation Amount (3)
Bank Details or M-Pesa details of the PAP.
b. The Resettlement Implementation Committee will verify the identity of each PAP
as stated in the register and ascertain that every identity card holder is correctly
documented in the register.
c. Resettlement Implementation Committee will support KISIP in carrying out
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sensitization about opening of joint accounts and appropriate use of compensation
funds for households. RIC will support PAPs in opening individual and joint
accounts with financial institutions of their choice. RIC will support KISIP in
following up on PAPs to ensure they have received their compensation.
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d. On completion of the PAP Audit and resolution of any grievance, the committee
shall recommend compensation. Payments will be made according to locations and
adequate information will be made available to all affected persons prior to
payment. Such information will include: dates and locations of payment, list of
eligible people and mode of payment, etc.
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10.3.3 County KISIP teams
For effective implementation of the project, Counties have established County KISIP
Teams whose composition is a replica of the national team. The county team was
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crucial in development of this ARAP and they will also be important during
implementation of the ARAP prior to commencement of civil works.
The role of the County KISIP Team includes:
a. Validation of assets and PAPs before compensation.
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b. Formation of the Grievance Redress Committee.
c. Capacity building of ARAPs committee.
d. Sensitization of PAPs on bank accounts and use of compensation funds.
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e. Monitoring of ARAP activities.
f. Oversight and supervision of rebuilding of structures owned by vulnerable
PAPs who need assistance.
g. Nairobi City County Government
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The county’s role includes:
i. Facilitate implementation of ARAP and ensuring project success.
ii. Delivery of other assistance to PAPs will be the responsibility of County
Government under the coordination of respective RIC.
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iii. Responsibility for appropriate and suitable measures to prevent further
encroachments after the cut-off date and before facilitation is made.
iv. Oversight and quality control of rebuilding of structures for vulnerable PAPs
identified for this additional assistance.
v. Clearance of structures after expiry of self-demolition period and
compensation.
vi. Part of Grievance Redresses Mechanism through County KISIP office.
vii. Maintaining roads and safeguarding them from encroachment after ARAP
Implementation.
10.3.4 Settlement Executive Committee (SEC)
This was instrumental in mobilizing the community and providing a link between
KISIP, the Consultants, and the community. The Committee has been involved in all
stages of ARAP development and is expected to continue playing an active role in
monitoring its implementation.
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The Settlement Executive Committee role in the ARAP process as follows:
h. It provides an entry point into the informal settlement.
i. It is the crucial link between the community and other institutions.
j. Plays an important role in the formulation of the community resettlement
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committee and other engagement structures.
k. Will play a crucial role in additional assistance to vulnerable PAPs during
Implementation e.g. rebuilding of structures, and movement.
10.3.5 The Settlement Grievance Redress Committee
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This will be formed to address all grievances related to the development and
implementation of this ARAP at settlement level.
10.4 ARAP Implementation Process Flow
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The ARAP provides for coordination of relevant institutions discussed above during
ARAP implementation, figure 10-1 below presents a flow chart which illustrates roles
of institutions involved in ARAP implementation while figure 10-2 presents
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information sharing and Stakeholder Engagement Strategy.
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Figure 10-1: ARAP Implementing Institutions
KISIP Project Coordination
Team
Overall coordination
Overall responsibility of ARAP
implementation
Ensure budget for implementation is
available
Resettlement
Implementation Committee
Monitoring and Coordination of
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resettlement process
Grievance redress
Nairobi City County
KISIP Team
Validation of Assets CO
Nairobi City County
Ensure sustainability of the
project
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Handling grievances ARAP implementation
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The SEC and Settlement
Grievance Redress Committee
First tier of grievance redress
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Figure 10-2: Stakeholder Engagement Strategy
What Why Areas Whom How
- Avert Disputes/conflicts and GBV - Benefits of Title Deed - Chief Registrar of Titles - All Community
- Enhance/safeguard Women’s - Types of Registrations - KISIP beneficiaries meetings
Titles Sensitization Land Rights - Joint Registration of Titles - NLC - Spouses with
- Regulation of land transactions - Land Control Board Joint
(mandatory spousal consent) Ownership
- Relevant land related institutions
W
- Allow PAPs to self-demolish, - Entitlements - RIC PAPS Community
O
salvage and rebuild affected - PAP register - Nairobi City County meetings
M structures in time - Notice for self-demolish and implications (NCC)
Notification & E - Ensure PAPs use compensation of failure to do so within time - Area Chief
Disclosure N for right purpose
- Ensure grievances are directed - Unilateral Grievance Redress Mechanism RIC PAPS Community
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C towards the right institutions for for ARAP implementation meetings
O timely resolution - Procedures and processes in GRM
Sensitization on N
- Avert conflicts and GBV over - Full disclosure of facilitation payment to - RIC PAPS - Community
C
GRM compensation both spouses - CGM meetings
E - Ensure PAPs use funds for right - Opening of Joint Accounts - Area Chief - Individuals/S
R
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purpose - Utilization of funds, GBV - SGRC pouses
N meetings
S
Compensation &
Joint Accounts
Sensitization
E Guiding Principles
UR
Proactive Engagement Clear and Open Information Sharing Learning & Modifying performance
Overall Coordination by KISIP PCT
OS
CL
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10.5 Other Supporting Institutions
In addition, several agencies and institutions are to be involved in the ARAP
implementation process as well as monitoring and evaluation.
These institutions include:
i. Ministry of Lands and Physical Planning – For registration of the corporation,
preparation and issuance of titles
ii. The National Land community mission – As a custodian of public land, key in the
process of issuance of titles.
10.6 Gender Empowerment during ARAP implementation
In implementing this ARAP, gender empowerment and sensitisation will be adequately
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conducted by stakeholders including: KISIP, Chief Land Registrar and Nairobi County;
Gender Department; local women and men based organizations; SEC; and local
community will participate. These Sensitization exercises will include but not limited to:
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i. Women’s landownership rights enhancement through recommendations such as
joint spousal registration and titling.
ii. Enhancing women’s decision-making on land use and Land Laws. For example,
women will be sensitized to know that a spouse cannot sell land without their
consent
iii. Sensitization on land transfer processes e.g. in the event of a spouse’s death or
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transfer to children.
iv. Educating community on the benefits of recognizing promoting women’s land
rights.
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10.7 Implementation procedures
The key activities anticipated prior to, during and after implementation of the ARAP are
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outlined under the implementation schedule namely Abbreviated Resettlement Action
Plan Activity Schedule (ARAPAS). Implementation of the Abbreviated Resettlement
Action plan will consist of the following main interlinked activities:
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i. ARAP approval and Disclosure will be undertaken on the ground by RIC,
KISIP, in conjunction with SEC. This will be done in Kiswahili for better
comprehension by the community. KISIP and The World Bank will also
disclose via their website and Info Shop respectively.
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ii. KISIP shall oversee and bear full costs on formation, registration and
training of the corporation on operationalization of the sectional
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properties titles as stipulated by the Sectional Properties Act (1987) during
implementation of the ARAP
iii. Validation of asset valuation/values will be undertaken by KISIP RIC.
iv. Capacity building for Grievance Redress Committee will be undertaken by
KISIP. The training will cover topics including grievance collection and
documentation, strategies for settling complaints and escalation of
grievances to RIC including types of grievances to escalate to RIC. Dispute
/grievances resolution will be a continuous process and undertaken by
KISIP, RIC, SGRC.
v. PAPs mobilization and sensitization will be undertaken by RIC. This will
include sensitization on how to use the compensation amounts and the
importance of joint spousal involvement.
vi. Bank account opening by each of the affected PAPs so as to facilitate
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smooth payment process will then happen.
vii. Offering of awards by RIC. The PAPs will then choose to accept or reject
the award. Where the PAP rejects the award, s/he will explain the reasons
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and can launch a grievance. For those who sign the award, they will wait
for payment.
viii. Issuance of titles will be undertaken by Ministry of Lands, at the same
time as offering of compensation.
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ix. Following payment of facilitation, the PAPs will be issued with notice for
self-demolition, so as to salvage the building materials, which will be 1
month. For PAPs who will not Self-demolish, the County Government is
mandated to undertake development control. Therefore, demolition of
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any structures that have not been demolished at the expiry of the notice
period by the Nairobi County Development Control Section.
x. Monitoring and evaluation will be undertaken on a continuous basis by
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KISIP/RIC
xi. Evaluation and final audit will be undertaken following completion of
implementing the ARAP by KISIP, MoTIH&UD & World Bank. This is
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discussed in detail in Chapter 10.
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10.8 ARAP Schedule
The Abbreviated Resettlement Action Plan Activity Schedule (ARAPAS) is spread over a
period of Six months. Table 10-2 below summarizes the Abbreviated Resettlement Action
Plan Activity Schedule (ARAPAS).
Table 10-2: RAP implementation schedule
Actor Implementation to
begin immediately
after approval of
TASK NAME ARAP
Period in Months
1 2 3 4 5 6
1. Approval of ARAP World Bank
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2. Formation of a corporation KISIP
Sensitization on Title Registration KISIP, RIC, PAPs,
(including Gender Empowerment on Beneficiaries
3.
land ownership), sectional Title
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Management
KISIP, PAPs,
4. Disclosure of ARAP
Beneficiaries
KISIP, RIC, GRC,
Capacity building of Grievance Redress PAPs
5.
Committee
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KISIP, County
6. Validation of asset valuation/values
Government,
KISIP, RIC, PAPs,
Beneficiaries, GRC
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7. Grievance Redress
KISIP, PAPs, RIC,
Sensitization of PAPs on bank accounts County Government,
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and use of compensation funds Women Based
8. Organizations (if
including joint spousal management of
cash, GBV in use of funds present), SEC
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9. Payment of compensation KISIP, RIC
KISIP, RIC
10.Issuance of notice for self-demolition
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11. Self-Demolition PAPs
Demolition of any structures that have Nairobi County
12. not been demolished at the expiry of the
notice period
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Actor Implementation to
begin immediately
after approval of
TASK NAME ARAP
Period in Months
1 2 3 4 5 6
KISIP
13.Monitoring activities
MoTIH&UD
KISIP, Ministry of
Formation, Registration and training of Lands & Physical
14.
the Corporation Planning
MoTIH&UD
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10.9 Costs and Budget
The budget for this project has been prepared considering that the compensation will be
in the form of cash. Any administrative expenses e.g. costs of facilitation transfer, logistics
for committees etc. will be incurred by the project. The values projected in the budget
have also been estimated with consideration of the market trends in the project area
taking into consideration the expected immediate changes in the short-term future.
In this ARAP, the cost for implementation amounted to KES. 803,195.00 (Read Kenya
Shillings Eight hundred and Three thousand, one hundred and ninety-five only). This is
inclusive of a total of KES. 633,460 for Vulnerability support, corporation registration,
supervision, implementation, disturbance allowance and monitoring/evaluation fund for
the project. These costs are summarized in the following table:
Table 10-3: Summary of ARAP Implementation budget for Kambi Moto settlement
S/ DESCRIPTION VALUE
N
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1. Loss of assets (structures) 169, 735.00
2. Vulnerability Support and assistance 8,000.00
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3. Formation, registration and training of the 50,000.00
corporation
4. Awareness raising and sensitization of Beneficiaries 120,000.00
and PAPs
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5. Training and Capacity Building for GRM 80,000.00
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6. Operational & Administrative Costs of RAP 100,000.00
Committees
-
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7. Monitoring and Evaluation 250,000.00
-
8. Disturbance allowance 25,460
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GRAND TOTAL 803,195.00
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CHAPTER 11: MONITORING AND EVALUATION
AND IMPLEMENTATION OF THE ARAP
11.1 Introduction
Monitoring and evaluation for implementation of this ARAP will be undertaken on a
continuous basis to ensure that the resettlement plan is smoothly implemented and PAPs
have been adequately assisted before implementation of component two of the project;
and whether the PAPs enjoy the same or higher standard of living than before. Monitoring
will also ensure that attention is given to the 2 vulnerable persons affected by the plan.
Monitoring will provide both as a warning system for the project proponent and a channel
for the affected persons to make known their needs and their reactions to resettlement
activities.
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Monitoring and evaluation activities and programs will be adequately funded and staffed.
In-house monitoring will need to be supplemented by independent monitors to ensure
complete and objective information gathering. The primary responsibility for monitoring
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rests with proponent i.e. KISIP which already has a Social Safeguards Team which will
work in collaboration with the RIC, and other external actors, where needed.
11.2 Monitoring and Evaluation Framework
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11.2.1 ARAP Monitoring Plan
The ARAP Monitoring Plan and Framework involves internal monitoring by KISIP,
impact monitoring commissioned to specialized firms and Resettlement Completion
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Audit. The ARAP Monitoring Plan to be adopted is presented below:
Table 11-1: Monitoring Plan
Activity Monitoring Means of Responsibility Frequency
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Parameters verification
Impact Tracking Quarterly or Project Frequently
Monitoring effectiveness of semi-annual safeguards and as required
inputs against quantitative and RIC or by the
baseline qualitative contracted (KISIP)
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indicators surveys external
monitoring
Assessment of Regular public agency
PAP satisfaction meetings and
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compensation other
proposals of the consultation with
affected assets people affected by
the project;
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review of
grievance
mechanism
outputs
Completion Measurement of External Contracted On
Audit output assessment of external completion
indicators such ARAP auditing and of the ARAP
as productivity implementation, evaluation time table
gains and independent agency
developmental surveys and
impact against consultation with
baseline affected persons
11.2.2 ARAP Monitoring Framework
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ARAP Implementation Reports will be verified by a field check of the following:
i. Payment of compensation
ii. Stakeholder engagement
iii. Formation and Registration of a corporation for titles Management
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iv. Adequacy of training and other developmental inputs.
v. Infrastructure repair, relocation or replacement.
vi. Transition allowances.
The mechanism of the above shown field check includes the following:
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i. Public Consultations with affected people at the community level will be
observed.
ii. The resettlement operation at all levels will be observed to assess its
effectiveness and compliance with the ARAP.
iii. The type of grievance issues and the functioning of Grievance Redress
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Mechanisms will be checked by reviewing the processing of appeals at all
levels and interviewing aggrieved PAP’s.
iv. The standards of living of the PAP’s before and after implementation of
resettlement will be surveyed to assess whether the standards of living of the
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PAP’s have improved or been maintained.
v. Project management will be advised regarding necessary improvements in
the implementation of the ARAP, if any.
vi. Functional corporation able to manage issues related to sectional titles
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The Table 11-2 below shows Internal Monitoring Indicators that will be checked during
Internal Performance Monitoring by KISIP:
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Table11-2: Monitoring Indicators
Activity/Parameters Indicators
Compensation for • Number of PAPs promptly paid disaggregated by gender
loss of structures • Number and amounts of payments made to PAPs
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• Number of PAPs with restored assets disaggregated by type
of structure
• Number of restored structures disaggregated by type,
building/construction material, asset use/purpose and
standard
• Average income level by source
• Employment status of household head
• Use of compensation cash
• Development of settlement triggered by land tenure process
• Changes in land values and plot ownership
Access to services • Number of PAPs with access to water services disaggregated
by type of water source
• Number of PAPs with access to sanitation services
disaggregated by type of water source
• Number, type of educational establishments and proximity
to PAPs
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• Number, type of health facilities establishments and
proximity to PAPs
• Length of roads that are newly constructed or expanded
Vulnerability • Status of “vulnerable” homesteads
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• Structures constructed to PAPs through Additional
Assistance
Community • Number of local consultative meetings held
participation and • Type of issues raised at public consultation meetings
public engagement • Number of participants attending public consultation
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meetings related to displacement disaggregated by gender
Training and • Number of trainings held disaggregated by target
Capacity Building group/institutions and issues
• Number and type of participants disaggregated by gender
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• Themes discussed in various trainings
• Perception of PAPs on usefulness and timing of these issues
discussed
Gender Concerns • Number of women with land titles disaggregated by type
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(e.g. sole owners, joint owners)
• Number of Cases of GBV
• Participation of women and men in trainings
• Number of Joint accounts opened for facilitation funds
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Grievance • Number of grievances received
management • Number of grievances resolved promptly (within the
duration allowed in the grievance redress mechanism)
• Number of outstanding grievances not resolved
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• Average timelines for resolution of grievances
disaggregated by the various levels of grievance redress
mechanism/institutions
• Number of grievances referred to Level 3 (Courts of Law)
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• Number of complaints referred to World Bank
Awareness and • Type of information disclosed to PAPs during each meeting
Access to • Accessibility of the ARAP document at the local level
Information • Accessibility of the ARAP document on the Ministry’s
website and the Bank’s Info shop
• Awareness on ARAP/Entitlement information
• Number of people seeking information on displacement
and compensation
Process Management • Formation of proposed institutions or better alternatives
• Census and asset verification/quantification procedures in
place
• Effectiveness of compensation delivery system by KISIP
• Efficiency of compensation delivery system by KISIP
• Co-ordination between KISIP national, KISIP, County
Government and the community
• Availability of adequate funds for the process
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Sectional Title • Formation and registration of a corporation (facilitated by
Management KISIP)
• Training of the corporation membership on sectional titles
management
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• Gender mainstreaming in the corporation leadership.
11.3 Resettlement Completion Audit
The purpose of the completion audit will be to verify and ascertain that the resettlement
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process at the end of ARAP implementation has complied with resettlement
commitments as defined by the ARAP. This audit will be done at end of ARAP
implementation either internally by KISIP PCT or by an external audit firm to be hired by
KISIP. Reference document for the completion audit will be this ARAP Report and the
legal framework lay therein.
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The Completion Audit will have following specific objectives:
i. Assessment of compliance of implementation with laws, regulations and
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safeguard policies.
ii. Assessment of the adequacy and promptness of the compensation and
resettlement procedures as implemented.
iii. Evaluation of the impact of the compensation and resettlement program
measured through incomes and standards of living, with an emphasis on the
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“no worse-off if not better-off” requirement; and
iv. Identification of potential corrective actions necessary to mitigate the
negative impacts of the program, if any, and to enhance its positive impacts.
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The Completion Audit will be based on documents and materials generated by internal
and external monitoring persons. In addition, auditors will make their own assessments,
surveys and interviews in the field and with Project Affected Persons.
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CHAPTER 12: CONCLUSION AND COMMITMENTS
12.1 Conclusion
This ARAP Report is prepared to mitigate impacts arising from the planning and
surveying in readiness for tenure regularisation and issuance of Sectional Title Deeds for
beneficiaries in Kambi Moto informal settlement located in Nairobi City County. The
planning and Surveying activity is undertaken by the Kenya Informal Settlements
Improvement Project (KISIP).
The Kambi Moto ARAP has been prepared in compliance with the applicable Kenyan
Legal Framework and the provisions of the World Bank's Safeguard Policy on
Involuntary Resettlement (OP 4.12). Under the World Bank’s OP 4.12, for all projects
that anticipate displacement of persons including shelter, livelihood and associated
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impacts, a RAP has to be prepared.
World Bank’s (OP 4.12) allows that “for projects in which the number of people to be
displaced with a loss of assets or restriction of access to assets is small (less than 200
persons will experience resettlement effects), an abbreviated resettlement plan (ARAP)
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should be prepared. The displacement of economic activities in Kambi Moto informal
settlement meets these conditions.
The ARAP presents an inventory (register) of PAPs, an Asset register of affected assets
and the proposed compensation package. The process for preparation of this ARAP
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involved all stakeholders notably the SEC members, the Kambi Moto community, KISIP
National and County Teams, NLC and the Consultant under KISIP. Ownership of the
ARAP has been internalised by all the affected persons through a rigorous and adequate
consultations.
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12.2 Commitments
• KISIP RIC in collaboration with the Registrar of Titles will organize and carry out
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Sensitization exercises aimed at enhancing women land rights as documented in
this ARAP.
• Facilitate all the affected persons according to provisions of this ARAP within 3
months after approval of this ARAP.
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• KISIP will Ensure Grievances raised are addressed and resolved on a timely
manner during implementation of the ARAP.
• All vulnerable persons enumerated in this ARAP will be promptly facilitated in
accordance with the provisions of this ARAP
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• KISIP through the Ministry of Lands and Physical Planning and NLC will
immediately begin issuance of title deeds to beneficiaries, concurrently with
compensation.
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• Issue a three months’ notice to PAPs to enable them Self Demolish and salvage
their assets.
• To undertake thorough community engagement and sensitization on Sectional title
during implementation.
• KISIP will incur all costs associated in management of the Sectional Title from
formation of the cooperation up until handover to beneficiaries
• Undertake Monitoring and Evaluation of this ARAP during and after
implementation
• KISIP will work with the County Government of Nairobi in ensuring the RAP is
successfully implemented. The County Government will be part of the RIC and
GRM committees. The County Government will also enforce development
controls, clearance of structures on road reserves after the expiry of self-demolition
period
• Facilitate and assist in formation, registration and training on the cooperation
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REFERENCES
1. Socio-economic survey of Kambi Moto Settlement, Nairobi 2019.
2. Local Physical and Land Use Development Plan for Kambi Moto Settlement, Nairobi
2019.
3. International Finance Corporation; Handbook for Preparing a Resettlement Action
Plan
4. Resettlement Policy Framework (RPF) for KISIP, October, 2014
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ANNEXES
Annex 1: Minutes of the PAPs Consultation Meeting Held on
21st August 2019 at the Muungano Kambi Moto Social Hall,
Kambi Moto from 10:55 am.
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The RAP Expert appraising the community on resettlement policies and
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A photograph of the valuer taking measurements of an affected structure.
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Annex 2: Minutes of the Final Stakeholders Meeting Held on
4th of November 2019 at the New Mathare Church Hall, Kambi
Moto from 2:00 pm.
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Annex 3: Minutes of the Presentation and Adoption of
Proposed Kambi Moto Settlement Draft LP&LUDP, Final
Verification Exercise of the List of Beneficiaries & Launch
RAP meeting Held on 26th of July 2019 at New Mathare
Church Hall, Kambi Moto from 10:20am.
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Annex 4: Minutes of Stakeholder Engagement Meeting
(Presentation of Socio Economic Survey Findings,
Validation of Base maps, Visioning and Community
Participatory Planning) Held on 30th May 2019 at Kambi
Moto from 10: 30 am.
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Annex 5: Minutes of the Project Launch Workshop Held on
27th March 2019 at 2: 23 Pm in Kambi Moto Settlement,
Nairobi
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Annex 6: Minutes of the Project Introduction Meeting Held on 27th
February 2019 at the Muungano Kambi Moto Hall, Kambi Moto from
11:55 am.
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