RP1059 V6 REV MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT RESSETTLEMENT ACTION PLAN (RAP) (ESIA) VOLUME 2) THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN KIHOTO, KARAGITA, KAMERE AND KASARANI INFORMAL SETTLEMENT IN NAIVASHA SUBCOUNTY FEBRUARY, 2014 i RAP EXPERT: I/We, the undersigned, submit on behalf of Ministry of Lands, Housing and Urban Development that the particulars given in this Resettlement Action Plan report for the Proposed Infrastructure Upgrading in Kihoto, Karagita, Kamere and Kasarani Informal Settlements in Naivasha Sub county are correct to the best of my/our knowledge. This RAP is prepared pursuant to the approved RPF. The RPF was prepared consistent with the applicable policy provisions of the GOK and the World Bank's Safeguard Policy OP 4.12 on Involuntary Resettlement. CAS Consultants Limited Lead Firm/Firm of Experts Sign:______________________ Date:____________________ Registration No:0006 THE PROPONENT: Ministry of Housing I/We certify that all the information provided herein for the purpose of this Resettlement Action Plan (RAP) is true to the best of my/our knowledge and the report is submitted to NEMA with our approval. Name: ____________________________ Designation: Sign:______________________ Date:____________________ i Contacts: Eng. Sebastian Mputhia Mwarania Sidhartha Patnaik Director Regional Director & Country Head, CAS Consultants Consulting Engineers IPE Global (Pvt) Limited Rhapta Road (Westlands) Nelleon Place The Rahimtulla Tower, No. 4 Upperhill P.O Box 20023—00200, Nairobi Tel: Road 4445240/65 P.O Box 40324-00100, Nairobi Mobile: +254 723750397 Fax: 020- Tel: 2710644 Mobile: +254 4440049 Nairobi 789219607 Email: casconsult@africaonline.co.ke Email: spatnaik@ipeglobal.com Web: Web: www.casconsult.co.ke www.ipeglobal.com Dr. Swapan Kanti Chaudhuri Ken Koech Kibet Economist Environmental and Social Specialist IPE Global (Pvt) Limited IPE Towers, CAS Consultants Consulting Engineers B-84, Defence Colony, Delhi - 110 024 , Rhapta Road (Westlands) Nelleon Place India P.O Box 20023—00200, Nairobi Tel: +91 (11) 40755900 Mobile: Tel: 4445240/65 Mobile : +254 +919811213272 736122920 Email: skchaudhuri@ipeglobal.com Web: Fax: 020-4440049 Nairobi www.ipeglobal.com Email: kkoech611@gmail.com Web: www.casconsult.co.ke This report has been prepared by CAS Consultants Limited, a NEMA registered Lead firm On behalf of Ministry of Lands, Housing and Urban Development, Government of Kenya (the “Recipient”). ii Project Fact Sheet This report is the Resettlement Action Plan (RAP) for infrastructure improvement projects in, Fact Sheet Project name Kenya Informal Settlements Improvement Project (KISIP) Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements Lead implementing agency Ministry of Lands Housing and Urban Development Funding Agency World Bank Consultants CAS Consultants and IPE Global Start Date 22 August 2012 Completion Date February 22, 2014 Team Leader Dr. Eng. Sebastian Mwarania Deputy Team Leader Sidhartha Patnaik Target Settlements Naivasha: Kihoto, Karagita, Kamere and Kasarani. RAP Est Cost KShs. 13,779.150.00 Est Project Cost KShs 1,696,932,209 Kihoto, Karagita, Kamere and Kasarani informal settlements in Naivasha iii Acknowledgement We would like to thank the community members from Kihoto, Karagita, Kamere and Kasarani settlements for their dedicated participation in the census survey process and consultation process through responding to the survey questions and their hospitality to the enumerators. Special thanks go to the SEC members for their endless support whenever they were called upon from the time of project inception to the end of the RAP studies. We would like to thank Nakuru KISIP team led by Eng James Ochieng from the Nakuru County government for his commitment in guiding the experts in the field in the inception phase of RAP studies. We also acknowledge the contribution of Naivasha Sub county KISIP team Justine Mayaka, Humphrey Musava and Mary from Social Services in organizing and coordinating the briefing and consultation meetings in the settlements. iv EXECUTIVE SUMMARY This document is the Resettlement Action Plan (RAP) for the improvement projects under Kenya Informal Settlement Project (KISIP) proposed for the four settlements of Kihoto, Karagita, Kamere and Kasarani in Naivasha Subcounty, Nakuru county. The proposed projects for implementation include road upgrading, storm water drainage, water supply, sewerage, and floodlighting. These projects will be responding to the current challenges within the four settlements as identified and prioritized through community consultation. An assessment of the impact of the project in the settlements shows that while the positive impacts are beneficial to all, it is the negative effects that will be a challenge to the implementation of the project. A comprehensive Environmental and Social Impact Assessment has been conducted which informed detail designs. The nature of implementation of the proposed project will trigger moderate loss of livelihood and no displacement of households. As per the RPF the project falls under category S1 because about 1273 individuals or livelihoods, services (307 electricity transmission poles, 9 transformers 16 water kiosks) will be affected. The affected services have been mitigated by provision of money for replacement in the Bills of Quantities and marked as Relocation of services. This RAP is governed by the WB OP 4.12 and the Resettlement Policy Framework (RPF) prepared prior to the approval of KISIP to guide any resettlement issues arising out of the project activities. The negative impacts on Project Affected People (PAPs) for the proposed project are minor (only loses of temporary structures erected on public land and shop fronts but there is no displacement in as much as the project may occasion temporary loss of livelihood). From November 28,2013 to December 9, 2013, a study was carried out in Naivasha settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement to identify the disruptions and losses anticipated toward effective implementation of KISIP in the Settlement. The disruptions and losses it identified, as well as the proposed mitigation measures were as follows: Type of Impact/Assets Brief Description Proposed Mitigation Affected Project Affected The number of persons The Naivasha Subcounty has Persons and their that would be affected is designated markets already in Category estimated to be 1273. Karagita and kasarani while Kamere has a traders market proposed by KENGEN. Hence the authority needs to find a designated market for Kihoto traders and equally implement the Karagita and Kasarani traders market. The PAPs will be compensated but the long term solution is in the operationalisation of the markets Kiosk (or kibanda) and Road side traders dealing One month advance notice to v Type of Impact/Assets Brief Description Proposed Mitigation Affected Veranda mostly of groceries and vacate; PAP allowed to salvage all light goods material; Relocation to other site, alternatively cash compensation at replacement cost (calculated without depreciation); Land lords and tenants Perimeter fences and Two months notice to salvage property on road corridors. materials and relocate. Two months notice to the tenants to seek alternative tenancy or wait for the readjustment of the structures. KPLC assets and power Three hundred and seven Shift pole/service as provided for in lines (307) electricity poles (and relocation of services in BoQs their wires), nine (9) transformers. Water Supply Assets Water pipelines Individual connection to be (distribution lines) and improved (formal) water services – kiosks relocation is provided for in BoQs Accidental damage of should activities of the Owner shall contact the Project property Project result to damage of through the Project Engineer to property provide information and initiate the claims process. Proposed Rap Implementation Strategy The broad activities proposed towards effective implementation of the Project, and which will be implemented as per WB requirements and the applicable laws of Kenya (which are quoted in the main report). Proposed RAP Monitoring and Evaluation Component The RAP has proposed a Monitoring and evaluation framework to assess whether the Project objectives of compensation are met. Valuation and Compensation Since no private land will be taken and all the PAPs are illegally occupying public land meant for the way leaves and road reserves, compensation will be in form of facilitation to the PAPs to relocate their businesses with little loss of livelihoods as possible From the consultations the following conclusions were reached:  The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit. vi  The projects will affect a number of structures built by inhabitants on encroached land, which will have to be removed prior to project implementation. 1271 people will either be affected directly or indirectly.  However, all these structures are temporary ones, which can easily be removed and built up again in a different location.  All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land and fully appreciate that they will directly benefit from the project directly since majority of them live and are affected by the poor infrastructure in the settlement. Given this situation, monetary compensation payment is required for the selected PAPs so as to give way for the project implementation. vii Table of Contents EXECUTIVE SUMMARY ...................................................................................................................V LIST OF ACRONYMS AND ABBREVIATIONS .......................................................................... 13 DEFINITION OF TERMS USED IN THIS REPORT .................................................................... 15 1 INTRODUCTION ............................................................................................................... 17 1.1 Background......................................................................................................................... 17 1.2 KISIP RAP Objectives....................................................................................................... 17 1.3 Location of Affected Areas ............................................................................................... 18 1.4 Cut-Off Dates ..................................................................................................................... 18 1.5 Study Approach and Methodology .................................................................................. 19 1.6 Mobilization and planning ................................................................................................. 19  1.6.1 ...................................................................................................................... Desktop Studies 19  1.6.2 .......................................................................................................... Primary data collection 19  1.6.3 ........................................................................................................................ Census Survey 20  1.6.4 .......................................................................................Objectives of the Census Survey 20  1.6.5 ......................................................................................................................... Data collection 20  1.6.6 ....................................................................................................... Data Entry and Analysis 20  1.6.7 ..............................................................................................Public Consultation Meetings 20  1.6.8 ....................................................................................................................... Asset Valuation 21 2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT 22 2.1 Other Acts of Parliament Relevant to this RAP ............................................................ 23 2.2 World Bank Operational Policy 4.12 ............................................................................... 24  2.2.1 ..................................... Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12 25 2.3 Administrative Framework ................................................................................................ 26  2.3.1 ...................................................... Ministry of Lands, Housing & Urban Development 27  2.3.2 ........................................................................................................... Naivasha Subcounty , 27  2.3.3 .......................................... National Environmental Management Authority (NEMA). 27 8  2.3.4 ...................................................................................................... Provincial Administration 27  2.3.5 .............................................................................................. Ministry of National Treasury 28  2.3.6 ..................................................................... Settlement Executive Committees (SECs) 28  2.3.7 ............................................................................................ Kenya Urban Roads Authority 28  2.3.8 ...............................................National Environment Management Authority (NEMA) 28 3 CHAPTER THREE– PROJECT DESCRIPTION ......................................................... 29 3.1 Project Description and Design ....................................................................................... 30  1.1.1 ......................................................................................................................................... Roads 31  3.1.1 ....................................................................................................................... Drainage works 32  3.1.2 .............................................................................................. Water Supply and Sewerage 32  3.1.3 ......................................................................................................................Security Lighting 32  3.1.4 .................................................................................................... Solid Waste Management 32 3.2 Summary of Project’s Resettlement and Relocation Impacts as shown in Table 3.3 33 4 BASELINE SOCIO-ECONOMIC SITUATION .............................................................. 37 4.1 Background......................................................................................................................... 37  4.1.1 ......................................................................................................................................Karagita 37  4.1.2 ......................................................................................................................................... Kihoto 38  4.1.3 ...................................................................................................................................... Kamere 40  4.1.4 .....................................................................................................................................Kasarani 41 4.2 Minority and Vulnerable Groups ...................................................................................... 42 5 PUBLIC CONSULTATION AND DISCLOSURE ......................................................... 43 5.1 Background......................................................................................................................... 43  5.1.1 ............................................................................................................ Objectives and Goals 43 5.2 Stakeholder Engagement ................................................................................................. 43  5.2.1 ................................................................................... Community Sensitisation Meetings 44 9  5.2.2 ................................................................................................................ Household Surveys 46 5.3 Disclosure of the RAP Report.......................................................................................... 46  5.3.1 ............................................................... Disclosure of RAP report by MLHUD and WB 46 6 IMPACTS AND MITIGATION MEASURES .................................................................. 47 6.1 Evaluation of the Impacts of the Project ........................................................................ 47  6.1.1 ................................................................................ Number of Project Affected Persons 47  6.1.2 .............................................. Loss of Structures and Proposed Mitigation Measures 48  6.1.3 .................................................Loss of Revenue and Proposed Mitigation Measures 53  6.1.4 ................Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures ..................................................... 59 6.2 Eligibility .............................................................................................................................. 60 6.3 Valuation and Compensation for Losses ....................................................................... 60 6.4 Payment of Compensation ............................................................................................... 61 6.5 Notification .......................................................................................................................... 62 6.6 Grievance Redress Mechanism ...................................................................................... 62 6.7 Implementation Schedule ................................................................................................. 63 6.8 Monitoring and Evaluation ................................................................................................ 66 6.9 Costs and Budget .............................................................................................................. 67 7 CONCLUSIONS ................................................................................................................ 69 APPENDICES .................................................................................................................................... 70 o Appendix 1 Project Design Layouts of the Project Areas/Settlements .................. 71 o Appendix 2 Minutes and Attendance Lists of the Community Consultation..... 76 o Appendix 3 Interview Guide Used to Collect Data on Project Affected Persons 93 O Appendix 4 Schedule of Project Affected Persons .............................................. 112 10 List of Tables Table 1.1 Investment Priorities according to Socio-economic Survey, Community Consultantions and Concept Designs Error! Bookmark not defined. Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation 20 Table 2.2 Showing the specific objective and action taken. 21 Table 2.3 Summary of Institutional Framework and their Capacity for Implementation. 24 Table 3-1: List of investment priorities based on FGD 27 Table 3.2: Types of projects proposed in the selected settlements 1 Table 3.3 Project types and impact on residents 4 Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement. 15 Table 5-2 Schedule of Public Meetings 15 Table 5.2 showing photos of public meetings 17 Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority of Cases Studied 24 Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use 28 Table 6.3: Total Number of Employees in the Business 31 Table 6.4: Average Net Business Income (Profit) Per Day 31 Table 6.5: Entitlement Matrix 32 Table 6.6: Proposed Implementation Schedule 38 11 List of Figures Figure 3.2: Map of project areas and Naivasha Township ............................................................ 30 Figure 4.1 Summary of Socioeconomic survey findings karagita ................................................... 7 Figure 4.2 Summary of Socioeconomic survey findings Kihoto ...................................................... 8 Figure 4.3 Summary of Socioeconomic survey findings in Kamere ............................................. 10 Figure 4.4 Summary of Socioeconomic survey findings in Kasarani ........................................... 11 Figure 6.1: Category of Project Affected Persons by Encroachment on Public land ................ 21 Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed Infrastructure in Naivasha Informal Settlement................................................................................ 22 Figure 6.3: Type of Project Affected Assets ..................................................................................... 23 Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement ................................. 27 12 LIST OF ACRONYMS AND ABBREVIATIONS AFD Agence Francaise de Developpement CBO Community-based Organization CDF Constituencies Development Fund CEMP Community Environmental Management Plan NAIVAWASS Naivasha Water Supply and Sanitation EA Enumeration Areas EIA Environmental Impact Assessment EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment FBO Faith-Based Organization FGD Focus Group Discussion GoK Government of Kenya KISIP Kenya Informal Settlements Improvement Project KMP Kenya Municipal Program KNBS Kenya National Bureau of Statistics KURA Kenya Urban Roads Authority KWFT Kenya Women’s Finance Trust LA Local Authority LASDAP Local Authority Service Delivery Action Plan LATF Local Authority Transfer Fund MM Man Month MoH Ministry of Housing MoL Ministry of Lands NACHU National Cooperative Housing Union 13 NEMA National Environment Management Authority PAD Project Appraisal Document PAP Project Affected Person PDP Part Development Plan RAP Resettlement Action Plan SIDA Swedish International Development Agency SPA Special Planning Area SRS Simple random sampling SUP Settlement Upgrading Plan ToR Terms of Reference WaSSIP Water and Sanitation Services Improvement Project WSB Water Services Board WSTF Water Services Trust Fund 14 DEFINITION OF TERMS USED IN THIS REPORT The following terms shall have the following meanings, unless the context dictates otherwise: Census: A field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) within the project area boundaries. The meaning of the word also embraces the criteria for eligibility for compensation, resettlement and other measures emanating from consultations with affected communities. Project Affected Person: This is a person affected by land use or acquisition needs of the Kenya Informal Settlements Improvement Project (KISIP). The person is affected because s/he may lose “title to land or right to its use”, and/or “title rights or other rights to structures constructed on the land” (thus s/he may lose, be denied, or be r estricted access to economic assets, shelter, income sources, or means of livelihood). The person is affected whether or not s/he must move to another location. Compensation: The payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets thereon. Cut-off date: The date of the meeting held at the conclusion of the census survey but before disclosure of the Resettlement Action Plan, when the list of Project Affected Persons identified from the census survey will be finalised, and all Project Affected Persons will be officially notified of intention for land acquisition. This is the date on and beyond which any other person who occupies the land delineated for project use, will not be eligible for compensation. Displaced Person: A person who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Person is physically relocated. The person will have his or her: standard of living adversely affected, whether or not the Displaced Person must move to another location; lose right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Involuntary Displacement: The involuntary acquisition of land resulting in direct or indirect economic and social impacts caused by: loss of benefits from use of such land; 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 Displaced Person has moved to another location or not. Involuntary Land Acquisition: This is the repossession of land by government or other government agencies for compensation, for the purpose of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. Land: This refers to agricultural and/or non-agriculture land and any structures thereon whether temporary or permanent and which may be required for the Project. Land Acquisition: This means the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project. Rehabilitation Assistance: This means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, 15 needed to enable a Displaced Person to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels. 16 1 INTRODUCTION 1.1 Background The development of the RAP is part of the Consultancy services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements, under the Kenya Informal Settlements Improvement Project’s (KISIP) Component 3: Infrastructure and Service Delivery. Component 3 supports investment in settlement infrastructure. Other KISIP components address institutional capacity, land tenure and urban planning issues. KISIP is funded by the Government of Kenya (GoK), the World Bank, the French Development Agency (AFD) and the Swedish International Development Agency (SIDA). The Ministry of Lands, Housing and urban Development (MLHUD) is the lead implementing agency (hereafter referred to as the ‘Client’). Local authorities are expected to work closely with the Consultant on community mobilization and consultation and they will later supervise the implementation of upgrading works in their jurisdictions. The types of infrastructure that are eligible for funding under KISIP include: roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste management, storm water drainage, water and sanitation systems, electrification, public parks and green space. Social infrastructure such as schools, recreation centers and health clinics are not eligible for funding under KISIP. A separate government program, KENSUP (Kenya Slum Upgrading Program), provides funding for these types of social infrastructure in the informal settlements, in addition to basic infrastructure such as roads, water, sanitation and security lighting. This RAP is part of the Environmental and Social Impact (ESIA) report which has been undertaken for the project. The ESIA identified relocation as one of the project impacts. 1.2 KISIP RAP Objectives KISIP’s overall development objective is to improve living conditions in Kenya’s informal settlements. The precise aim of this 12-month assignment (hereafter referred to as ‘the Project’) is to work with communities in Naivasha informal settlements, their corresponding Local Authorities and the Client to prioritize and design infrastructure improvements in select settlements within a pre-defined budget (i.e. a cost cap per hectare). In as much as the project is to improve infrastructure, the resulting negative impacts including displacement and loss of livelihoods is undesired. Therefore Resettlement Action Plan is formulated to mitigate against displacement of households and loss of livelihoods. Oobjectives of KISIP RAP I. To provide a policy, legal and institutional framework for responding to all displacement impacts occasioned by activities undertaken under KISIP. This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by 17 (a) 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 (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. II. To offer choices among, and identify technically and economically feasible resettlement alternatives; and, III. To put 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 improve or at least restore their pre-impact living standards. 1.3 Location of Affected Areas The prioritized infrastructure in Naivasha settlements includes roads, drainage, water supply, sewerage and security lighting. All these infrastructure on the Settlement Upgrading Plans (SUPs) are all proposed on the existing road corridor and reserve so as to minimize socio-economic impacts and enhance the benefits of the project in the settlements table 1.1 below shows investment priorities of each settlement in Naivasha. The existing road reserve and public land will host the entire proposed infrastructure. Proposed infrastructure improvement layout for the respective settlement is as presented in Appendix 3. A census was conducted on all the individuals found within the area of project implementation as presented in the layouts attached as appendix 3. For purposes of this study therefore, the location of project affected persons (PAPs) was set as individuals carrying out economic activities on the proposed project roads mapped out for improvement as shown in the project design layouts in Appendix 1 Identification of Affected Persons The Project Affected Persons (PAPs) were identified as land users found within the mapped out roads for improvement at the time of the field studies. Due to the diverse nature of activities and developments on the project development areas, PAPs were classified into: i. Structure owners/landlords ii. Business owners/ tenants iii. Land owners (41) iv. On road service providers (2) 1.4 Cut-Off Dates The cut-off date was set as December 09, 2013 which was the date on which the census survey for the PAPs was completed. This cut-off date was publicly declared in meetings 18 held in the settlements. Any person who occupies the project affected area after this cut-off date is not entitled to consideration for compensation and relocation assistance. 1.5 Study Approach and Methodology The entire RAP was conducted in three (3) stages namely:  Desk Study;  Field Study;  Reporting. 1.6 Mobilization and planning CAS Consultants held a start-up meeting with KISIP team Naivasha Subcounty on December 02, 2013 before embarking on field work. During this meeting, CAS briefed the Subcounty KISIP team on;  The main objective of the assignment;  The scope and duration of work  The level of participation of the sub county staff; 1.6.1 Desktop Studies An in-depth literature review was done before embarking on the field work to aid in the understanding of the exercise and in the development of comprehensive data collection tools. Since literature review is a continuous exercise, more documents were reviewed during reporting stage. Some of the documents that were reviewed included:  KISIP Resettlement Policy Framework (RPF)  World Bank Operation Policies (OP);  Past related projects in Kenya; 1.6.2 Primary data collection Primary data collection was done through:  Census and Household Survey of all the people who have property on the project areas,  Formal and Informal Interviews with key stakeholders;  Public meetings in the settlements;  Site walks along the line by the sociologists 19 1.6.3 Census Survey In order to estimate the total number of persons who have encroached on the project sites, primary data collection through administration of questionnaires to the identified Project Affected Persons was conducted. Census and Household surveys were conducted from November 29, 2013 and December 09, 2013. 1.6.4 Objectives of the Census Survey The objectives of the census and social survey were as follows:  To identify and quantify different categories of Project Affected Persons (PAPs) who would require some form of assistance, compensation, rehabilitation and/or relocation;  To value and develop a comprehensive budget covering lost shelter, assets, crops and sources livelihoods within the project area;  To develop livelihood restoration arrangements and implementation of the RAP;  To prepare a socio-economic profile of PAPs;  To collect baseline data for development of the Resettlement Action Plan (RAP). 1.6.5 Data collection The enumeration exercise was conducted by the trained enumerators who administered the questionnaire to the PAPs. 1.6.6 Data Entry and Analysis After data collection, data was entered by the supervisors and trained data entry clerks. Data entry was done using Microsoft Excel and analysed by the Social Scientists who were managing the project through statistical analysis software, specifically Statistical Package for Social Students (SPSS). Data was presented using descriptive statistics including Tables, Graphs and Pie charts. 1.6.7 Public Consultation Meetings Public consultation meetings in the respective settlements were organised by the sociologists with the help of the provincial administration. In attendance were the consultants representative, SECs, provincial administration and village elders and the members of the public. Minutes and proceedings of the meetings are in Appendix 2. A total of 4 public consultation meetings were held, each per settlement. On Monday, December 02, 2013 meeting was held in Kihoto at 16:00hrs, Tuesday December 03, 2013 meetings were held in Kamere at 10:00hrs and Kasarani at 14:00hrs. The meeting in Karagita failed to meet a quorum. The public meetings provided a platform for expression of overall opinions, issues and concerns by community members who have interests and will be affected by the KISIP implementation. 20 Meetings with the local administration as well as community sensitisation were conducted as shown presented in the Public Consultation Chapter of this Report. 1.6.8 Asset Valuation The asset valuation was conducted December 2013 to establish the structures (houses and other structures), crops and trees of the PAPs that would be affected by the resettlement exercise and subsequent improvement of the infrastructure in the settlement. Full Replacement Cost method was used to determine the value of the affected structures and houses. The Full replacement cost method of valuation seeks to facilitate the owner of the structure to develop a similar or an improved structure at current market costs in another location. Assets in Kenya are valued on the principal of ‘market value’. Under the Action described in this report, market value will be understood to mean an amount equal to or greater than the replacement value of the affected asset as at the time of the Project compulsorily acquiring the asset. Thus, the just compensation value that will be awarded to affected persons will be an amount not less than the market value of the asset as at the time of acquiring the asset. 21 2 POLICY, LEGAL, AND INSTITUTIONAL FRAMEWORK FOR RESETTLEMENT This section gives a description of the Laws of Kenya whose requirements were reflected upon in preparation of this RAP report. The section in addition describes the provisions of WB OP 4.12 taken into cognizance; and, makes a comparison of this with the Kenyan law. Name of Act Application Remarks The Land Act No.6 of An act of Parliament to make The project will not 2012 provision on compulsorily acquire land regulation and for the private land. compulsory acquisition of land for public benefit. An inquiry Will apply if the project held, objections heard, elects to ask the compensation payable. government to allocate Applies to allocation of and public land for any dealings with relocation Public land and private land. PAPs within the way All encroachment on the public leaves will be required to right of way under the section voluntarily remove their 143 of the Act will not be structures without compensated or permitted expectation of any compensation The Constitution of Anyone dissatisfied with the The procedure of Kenya award of compulsorily 2010, Section 40 (3)(ii) compensation for compulsory acquiring private land acquisition of private land by for the purpose of the the Commissioner has the right project can be to seek judicial recourse. A considered where any further appeal to the High Court extra space is needed can be made. Further, multiple for setting up the structure owners dissatisfied infrastructures with the RAP implementation proposed in this project. can bring a constitutional reference against deprivation of property without compensation. The Physical Planning Requires preparation of To be considered when Act, Cap development planning residential sites 286 (Act No 6 of 1996) plans for every intended and other relocation development and invitation to the sites. public to comment /object to the development 22 Name of Act Application Remarks Land Registration Act A maximum of 5 persons can be Would be applicable if No. 3 of registered as owners of one land identified for 2012 piece of land. relocation of the Naivasha PAPs is registered under this Act. The Public Procurement Applies to all procurements by Would apply to the and government and public entities acquisition Disposal Act No 3 of of any land that will be 2005 and the Public required for relocation. Procurement And Disposal (Public Private It would also apply to Partnerships) contracts for the Regulations, construction work to be 2009 undertaken. Kenya Roads Act Cap.2 Applies specifically to the function KURA shall have the of Responsibility for Kenya Urban Roads Authority in supervising construction, implementation of the KISIP road rehabilitation and upgrading project. maintenance of all public roads in the municipalities in Kenya under KISIP project. Environmental Provision for resettlement action Regulations require RAP Management plans to whenever relocation is and Coordination Act, address displacement/relocation identified as a project 1999 and subsidiary impacts impact. legislation on EIA/EA (Legal Notice 101). 2.1 Other Acts of Parliament Relevant to this RAP Other Acts pertinent to this RAP are: a) The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act (No. 56 of) 2012: This Act makes further provision for the prevention, protection and provision of assistance to internally displaced persons and affected communities, and gives effect to the Great Lakes Protocol on the Protection and Assistance of Internally Displaced Persons, and the United Nations Guiding Principles on Internal Displacement and for connected purposes. In this Act, provisions on the relationship between internal displacement and “public interest” are observed, where “public interest” is construed in reference to development projects or interests for the benefit of the people of the Republic, including persons displaced by such projects or interests. Vis-à-vis, according to the Act, displacement and relocation due to development projects or interests shall only be lawful if justified by compelling and overriding public interest; and, where the displacement and relocation cannot be averted: 23 The Government shall minimise it;  The Government shall undertake public consultations with aims that include: i) awareness creation; ii) education on causes, impacts and consequences of internal displacement; and, iii) defining suitable and durable mitigation measures;  The Government shall create the conditions for and provide internally displaced persons with a durable and sustainable solution in safety and dignity, and shall respect and ensure respect for the right of internally displaced persons to make an informed and voluntary decision on re-installation; and,  Without limiting, the conditions that apply for durable solutions shall include: long-term safety and security; full restoration and enjoyment of the freedom of movement; enjoyment of an adequate standard of living without discrimination; access to employment and livelihoods; access to effective mechanisms that restore housing, land and property; access to documentation; equal participation in public affairs; and, access to justice without discrimination. b) National Museums of Kenya Act: National Museums of Kenya is a state corporation charged with research, management and documentation of historical sites, archaeological sites and site of natural and national heritage and monuments. National Museums of Kenya has also been designated as a national biodiversity centre and is involved in taxonomic and herbaria activities. c) Trust Land Act Cap. 288: Under this Act, all land that is not registered under any Act of Parliament is vested in local authorities as Trust Land. In these Trust Lands, a person may acquire leasehold interest for a specific number of years. The local authorities retain the powers to repossess such land for their own use should the need arise. By invoking the provisions of this Act, it will ensure proper use of such land within the provisions of the Act. d) Land Control Act 302: This Act restricts transfer of land and as such has some bearing on the flexibility with which affected farmers can acquire replacement land. It also allows for all private land to be adjudicated and registered following which, a title deed is issued to the registered owner. Additionally, the Act controls the subdivision of agricultural land, in the process stating the economic size for agricultural land. Under the Act, all transferred land is registered with the District Land Registrar following approval by the Land Controls Board. 2.2 World Bank Operational Policy 4.12 The WB’s Safeguard Policy OP 4.12 applies to some components of KISIP, and to all economically and/or physically project displaced persons, regardless of the number of people affected, the severity of impacts, and the legality of land holding. According to the Policy, particular attention should be given to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities, and other disadvantage persons. The Bank’s Policy requires that the provision of compensation and other assistance to PAPs is carried out prior to the displacement of people. In particular, repossession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisions of the Bank’s Policy. 24 2.2.1 Kenyan Law Vis-à-Vis World Bank Operational Policy 4.12 Table 2.1 summarises the comparison between Kenyan law and the WB OP 4.12 as regards compensation. The main difference between the two is that the Kenyan system recognises only title holders as bonafide property owners; while under the WB OP 4.12, lack of a legal title does not bar in extending assistance and support to those affected by development projects. With respect, the measure this Project will take to resolve this gap, and is reflected in the relevant sections, is the WB OP 4.12 shall prevail. Table 2.1: Comparison of Kenyan Law and World Bank OP 4.12 Regarding Compensation Category of Project Kenyan Law WB OP 4.12 Affected Persons & Type of Assets Land owners Just cash compensation Recommends land for land based upon market value as compensation. Other prescribed under statute. compensation is at On agreement with PAP, land replacement cost compensation not exceeding in value the amount of cash compensation considered would have been awarded. Land tenants Entitled to just compensation Project Affected Persons based on the amount of rights are entitled to some form of they hold upon land under compensation whatever the relevant laws. Illegal tenants legal or illegal recognition of not entitled to compensation their occupancy. Land users Entitled to just compensation Whatever the legal for crops and any other recognition, entitled to economic assets. Illegal land compensation for crops, users not entitled to may be entitled to compensation replacement land and income must be restored to at least pre-project levels. Owners of Entitled to just cash Entitled to in-kind temporary compensation based on compensation or cash buildings market value (as prescribed compensation at full under statute) or entitled to replacement cost including new housing on authorised labour and relocation land under government (state expenses, prior to or local) housing displacements. programmes. Owners of Entitled to just cash Entitled to in-kind permanent compensation based on compensation or cash buildings market value as prescribed compensation at full under statute. replacement cost, including On agreement with PAP, land labour and relocation compensation not exceeding expenses, prior to in value the amount of cash displacement 25 Category of Project Kenyan Law WB OP 4.12 Affected Persons & Type of Assets compensation considered would have been awarded. Perennial crops Cash compensation based As per specifications of the upon rates calculated as an RPF. average net agricultural income. The Project therefore has to be developed in accordance with this safeguard policy. The objectives of the policy is summarized in Table 2.2 showing the specific objective and action taken. Such a Plan has to include (OP 4.12, Annex A, para. 22): Table 2.2 Showing the specific objective and action taken. Requirement Action Taken 1 census survey of displaced persons Undertaken in the RAP census and valuation of assets between November 29-December 09, 2013. 2 description of compensation and Provided for in the RAP report and other resettlement assistance to be PAPs Identification Schedule of this provided report 3 consultations with displaced people The consultant undertook initial about acceptable alternatives public meetings on the settlements. 4 institutional responsibility for meeting were held with subcounty implementation and procedures for officers and more meetings will grievance redress ensue during the RAP process. 5 arrangements for monitoring and Provided for in this report implementation 6 timetable and budget Provided for in this report. The RPF identified the RAP as the core instrument to be applied in responding to displacement impacts occasioned by implementation of KISIP activities. 2.3 Administrative Framework During the RAP preparation process, a number of key ministries and regulatory bodies critical to the successful implementation of the RAP were identified. Consultations were held 26 with these bodies in order to outline their legal responsibilities and identify parallel programme that could possibly impact the RAP process. These bodies include:- 2.3.1 Ministry of Lands, Housing & Urban Development The Program will be implemented under the overall supervision of the Ministry of Lands, Housing and Urban Development. Specifically, the Program will be managed under the Department of Urban Planning who have provided a Project Coordinator, Social Development Officer, Component Leaders and Secretariat Staff. In this capacity, the MLHUD will interface with other sector government agencies such as county government of Nakuru on matters and policies relating to local government and urban development. The MLHUD will interface with Ministry of National treasury on issues pertaining to programme funding to ensure smooth flow of both internal and external funding. MLHUD will communicate directly with the Bank on technical issues related to the implementation of the program including financial, procurement and physical progress of the implementation and all such communication will be take place under the signature of the Permanent Secretary (or his designated representative) as the overall accounting officer for the Ministry. 2.3.2 Naivasha Subcounty , For effective implementation of the programme, Naivasha Subcounty will be charge of implementation through its Project Implementation Unit PIU. The sub county will also be members of the Resettlement implementation committee (RIC), chaired by the Local Settlement Executive Committee Chairpersons and draw membership from the Town Engineer, Social Welfare Dept, Enforcement Dept, Survey Dept, Representative of PAPs, Local Chief and Religious Leaders and local civil society/CBO. Each RIC will establish a secretariat within the Works Office of the LA and will be provided with secretarial staff by the LA. 2.3.3 National Environmental Management Authority (NEMA). NEMA will review all ESIA reports in respect of KISIP sub-projects to ascertain efficacy and adequacy of proposed ESMPs and where displacement is identified as an impact, NEMA will requires that a RAP be prepared to guide the compensation process. RAP report will then have to be reviewed and cleared by NEMA before implementation and grant of Environmental Licenses. 2.3.4 Provincial Administration The provincial administration in Kenya is in charge of provincial boundaries which have divided Kenya into eight administrative boundaries. The provincial administrative structure is headed by County Commissioner appointed by the president supported by Assistant Commissioner, Location Chiefs and their assistant and the Village Elders. Their role in project implementation is to provide security and linkage to the central government. 2.3.5 Ministry of National Treasury Ministry of National Treasury is the borrower and interlocutor for the World Bank regarding KISIP. The MoF will therefore be responsible for the negotiations and signing of the credit and any amendments to the project’s legal agreement. 2.3.6 Settlement Executive Committees (SECs) All the settlements have functional settlement executive committees (SECs) elected by communities from amongst themselves. They act as the bridge between the project and the 27 community, representing community interests, undertake community mobilization, act on behalf of the community, and ensure seamless flow of information between the community and the project. They also play a key role in conflict resolution and management. This team has received training on various project management skills. 2.3.7 Kenya Urban Roads Authority In charge of the management of urban roads. It approves road designs and maintains roads and hence implementation, operation and maintains of the proposed infrastructure. 2.3.8 National Environment Management Authority (NEMA) Approving and issuing EIA licenses for projects which have addressed environmental and social impacts. Costs of license provided for in the budget. Other relevant institutions have been summarized in Table 2.3 indicating also their capacity in implementation. Table 2.3 Summary of Institutional Framework and their Capacity for Implementation. No Institution Role Capacity 1 Ministry of Land Housing Houses the KISIP project The ministry has experts in and Urban Development key areas: land management Provides policy direction and administration, physical planning, resettlement Handle land tenure issues 2 County Government of Has the responsibility of implementing Financial capacity is lacking. Nakuru the RAP as spelled out in the RPF. In the transition, KISIP providing assistance 3 Kenya Urban Roads In charge of the management of urban Capacity exists Authority roads. It approves road designs and maintains roads. 4 KPLC Responsible for relocating electricity Capacity exists. Costs transmission lines from the road provided in the BQ. reserves 5 Naivasha water supply and Responsible relocating affected water Capacity exists. Costs sewerage company infrastructure e.g. pipes, water kiosks to provided in the BQ. (NAWASSCO) maintain service levels 6 National Environment Approving and issuing EIA licenses for Capacity exists. Costs of Management Authority projects which have addressed license provided for in the (NEMA) environmental and social impacts budget. 7 Ministry of Finance Financial management on behalf of the Capacity exists and funds will Borrower ( GoK) be made available. Provision of counterpart funding – part of which is used to settle compensation claims by PAPs 28 3 CHAPTER THREE– PROJECT DESCRIPTION Project Location The project will be implemented in Kihoto, Karagita, Kamere and Kasarani settlements in Naivasha subcounty, Nakuru County which are entirely urban informal settlements. Nakuru County has several local authorities which Naivasha subcounty is among them. Nakuru County covers 7,495 sq. km and a population of 1,603,325 (2009 Census), the density of Nakuru County is 214 persons per sq. km. The share of urban population in Nakuru is 45.8% and it is the sixth largest urban centre in the country. Naivasha was formerly in the larger Nakuru District in Rift valley province but currently it belongs to the newly created Naivasha District. It is situated about 90 km northwest of Nairobi and about 70 km from Nakuru town. In 1979, Naivasha was designated as an Urban Council and in 1993 it was elevated to its current status of a Municipality. The Council has jurisdiction over an area of 941sq. km including the area of the Lake Naivasha of 241 sq. km. Naivasha is one of the biggest Municipalities in Kenya. Naivasha Municipal Council created under the Local Government Act Cap 265, now repealed by the County Government Act, 2012. 29 3.1 Project Description and Design Figure 3.2: Map of project areas and Naivasha Township KISIP was designed with the following four components: Component 1: Strengthening institutions and project management - This component will support institutional strengthening and capacity building of the Ministry of Housing, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: enhancing tenure security- This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements. Component 3: Investing in infrastructure and service delivery - This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements. Component 4: Planning for urban growth- will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. During SES and FGD, the community and SEC members also identified investment priorities. The list included in order of priority the following: piped water connection and setting up of water points; roads; setting up more garbage collection points; construction of public/private toilets; storm water drainage; security lighting; vendor 30 platforms; and electrification (Table2.1). However, it may be noted that the households did not recommend construction of vendor platform The prioritized investment which has been settled on for the two settlements based on their feasibility and consultation with the stakeholders are described in the following sub-sections. Table 3.2 below shows selected projects in each settlement for implementation. Table 1.2: Types of projects proposed in the selected settlements Municipa Settlemen Storm Sewerag Drinking Road Flood- Solid lity t water e water upgradi lightin Waste drainag supply ng g managem e ent (optional) Naivasha Kihoto x x x x x x Subcount Karagita x - x x x x y Kamere x x x x x x Kasarani x x x x x x For more detailed descriptions of each of these projects, see the respective Settlement Upgrading Plans, Final Design Reports and Project design layouts in Appendix 1. When undertaken, these initiatives have the potential of responding to the following current problems:  The challenge of accessibility within the four settlements by improving the poor road  The challenge of flooding, and soil erosion within the four settlements during rainy seasons and addressing sanitation issues.  The challenge of insecurity due to poor lighting within the four settlements. It was however established that the implementation process may require the following adjustments:  All structures on land to be used by the project (for road upgrading, the sewer line and the drainage channel) must be removed before the commencement of the project.  The relocation and resettlement issues must be addressed before the commencement of the project. 1.1.1 Roads The roads will be paved and will entail tarmac, and murram roads. The draft aerial design of the roads in the four settlements of Naivasha is shown in Appendix 2 as the project design layouts. 31 3.1.1 Drainage works Insufficient and malfunctioned drainage systems, often causes flooding. This was considered as a major problem in some of the settlements included in this study. The combination of waste (plastic bags to a large extent) and sand can completely clog culverts and drains. Maintenance of the new structures will be essential, and a good solid waste management should be implemented in order to reduce this problems. Aerial impressions of the proposed drainage systems per settlement are attached as Appendix 2. 3.1.2 Water Supply and Sewerage In a considerable number of settlements included in the study, drinking water is a problem while the available Lake water is not good for drinking purposes due to high content of flouride. While the infrastructure of pipes may be available, there are issues concerning supply (rationing/peak demands not being met), quality and cost of the product). Very few households are connected to a sewerage system. In some instances there is no sewage infrastructure at all and where it exists, it is plagued by blockages and is not functional. This investment menu will be rolled out in Kihoto, Kamere and Kasarani settlement. Karagita settlements will not be implemented because there are already similar initiatives on going in the settlement. Aerial impressions of the sewerage network for the settlements is attached as Appendix 2 3.1.3 Security Lighting Providing of street or security lighting in the settlements, will ensure enhanced lumination and security in areas like public transport terminals, markets, schools, social halls, police posts, playing fields and walking routes. The consultant has proposed 17 tower masts Kihoto 5, Karagita 5, Kamere 3 and Kasarani 4. Minimal environmental and social issues are expected as a result of the implementation of this type of projects, while many positive impacts are expected. 3.1.4 Solid Waste Management The community cooker station will provide a safe, easy and conveniently located where smaller loads delivered by handcarts and individuals will be consolidated, sorted and utilized. The proposed community cooker collects and burns rubbish in order to generate heat that can be used for cooking, baking, boiling water and for other light industrial purposes. The cooker turns rubbish into energy for cooking, baking and boiling water. It has 32 two complementary functions; to address sanitation, health and environmental issues associated with the growing mounds of rubbish in informal settlements, and to provide communities with alternatives to charcoal, firewood and paraffin for cooking meals and boiling water. The Community Cooker has the potential to transform informal settlements and rural villages into resource rich communities. Simple Layout of community cooker is shown below in figure 4.1. five number community cooker will be constructed one in Kihoto, Kamere, Kasarani and two in Karagita due to the expansive and densely population. 3.2 Summary of Project’s Resettlement and Relocation Impacts as shown in Table 3.3 . 33 Table 3.3 Project types and impact on residents Project Type Characteristics Potential impact on residents Mitigation measures Floodlighting Intervention localised in one spot None None (position of the masts). Sites for masts selected in a way as not to interfere with present land occupation by residents (location in specific public land). Road Upgrading existing roads, surfacing. Where residents have  Occupation of road way-leave illicit, upgrading Linear structures, but only existing encroached on road way-leave, occupied land must be liberated, no roads will be upgraded, no by expanding their plot of land, compensation to be made. construction of new roads they will have to liberate this  Through long term occupation without any space. Any structures on the objection from the land owner road way-leave will be municipality, state), the occupation turned removed. into a customary right. Compensation No land outside of the road might have to be made. right-of-way will be occupied, Compensation for severance and loss of no physical relocation of livelihood for a calculated number of days. A residents required. The census has been undertaken to establish the consultant has also undertaken PAPs and their entitlements. a census of such property Storm water Main components: Potential impacts:  Occupation of road way-leave illicit, drainage  Upgrading or rehabilitating of  Temporary impact by occupied land must be liberated, no existing drainage channels. constructing of drainage compensation to be made.  Possibly construction of some channel within compound;  Through long term occupation without any new drainage channels. once this is covered, the objection from the land owner land will be available again. municipality, state), the occupation turned  Maintenance of or construction into a customary right. Compensation of new culverts, road crossings  Permanent occupation of a might have to be made. etc. part of some compounds if open channels are Compensation for severance and loss of 34  Upgrading or construction of constructed. livelihood for a calculated number of days. A main drainage channel.  All efforts were made in the census has been undertaken to establish the All are linear structures, potentially planning stage to avoid or PAPs and their entitlements. resulting in conflicts with present minimise impacts. land occupation. Sewerage Main components: Linear structures (with the Same types of compensation as for drainage  Upgrading of existing sewage exception of the WWTP). (see above). channels or ducts. Basically same impacts as for Potentially some temporary impacts (ducts  Construction of new channels or drainage (see above), but crossing a compound), for which an ducts. probably to a lesser extent inconvenience compensation will have to be (smaller structures). made. However, if work has to be done within  Construction of trunk sewage a compound for connecting the house to Same efforts taken to avoid and channel or duct. sewerage system, this will not be considered minimise impacts.  Construction of WWTP (waste as a nuisance entitling for compensation. water treatment plant) if connection to an existing one is not feasible  Ablution blocks Drinking Main components: Linear structures (with the Same types of compensation as for drainage, water supply  Water reservoir. exception of the reservoir). however, expected to be much less, since Basically same potential structures mainly aligned in or along roads.  Main ducts to settlements. impacts as drainage (see Potentially some temporary impacts (ducts  Distribution system within above), however, to a much crossing a compound), for which an settlement. lesser extent, since the ducts inconvenience compensation will have to be and distribution pipes will be made. However, if work has to be done within underground, mostly following a compound for connecting the house to the or within roads. piped water system, this will not be considered as a nuisance entitling for compensation. Solid Waste Main components: The community cookers in the  By provision of community cooker and Management  Solid waste management four settlements has been security lights, the subcounty government 35 transfer sites anchored on public land under has promised to cede off land for this control of Naivasha Subcounty critical service. council. The community cooker and security lights will utilise same land. 36 4 BASELINE SOCIO-ECONOMIC SITUATION 4.1 Background The socio-economic baseline is a part of Kenya Informal Settlement Improvement Project (KISIP) which aims at improving the living conditions of informal settlements in Kenya. The assignment involves three main tasks viz. conducting socio-economic survey of selected settlements; preparing a preliminary settlement up-gradation plan, including design and feasibility studies for proposed infrastructure investment; and preparing a final up-gradation plan along with detailed engineering designs and bid documents. The scope of the assignment is limited to selected settlements in three municipalities, namely Nairobi, Machakos, and Naivasha. This report presents the key findings of socio-economic survey conducted in four settlements in Naivasha viz. Karagita, Kihoto, Kamere, and Kasarani. Detailed socioeconomic baseline report is found in the Socio-economic Report of the Naivasha Subcounty settlements. Below are excerpts of the settlement as found in socio-economic report. 4.1.1 Karagita Figure 4.1 Summary of Socioeconomic survey findings karagita In Karagita, socio-economic survey covered 364 households. Key findings are as follows:  94.2% of the households are rent paying tenants.  69.3% of the owners have a certificate or freehold title and remaining owners possess temporary occupation license. 37  Only 11.3% of the households have access to improved roads (i.e. paved/gravel/ murram/ tarmacked roads) and about one-fourth (23.9%) have mentioned that roads are usable during rainy season.  A miniscule proportion of the households, 1.1%, have access to private/ shared piped water supply, and the reaming households rely on water kiosks/tankers/ vendors/etc.  85.4% of the households have electricity connection.  Only 5.5% of the households have reported availability of street lights.  76.9% of the households use public/shared latrine and another 22.8% have individual latrines.  Only 7.7% of the households have their toilets formally connected to public sewerage system while 87.6% dispose excreta into pit latrines.  30.5% of the households have drains outside their houses  17.1% of the households avail garbage disposal services provided by city collection system or private/CBO run system.  47.5% of the households consider flooding during rains a severe problem, while for 43.4% of the households garbage dumping in nearby areas is a severe problem.  Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 67.4%, 62.2%, and 90.8% of the households respectively.  42.3% of the households have identified malaria as one of the major disease burdens in the settlement while another 32.1% of the households mentioned respiratory problem as a dominant health issue. 4.1.2 Kihoto In Kihoto, socio-economic survey covered 426 households. Key findings are as follows: Figure 4.2 Summary of Socioeconomic survey findings Kihoto 38  91.3% of the households are rent paying tenants.  90.9% of the owners possess a freehold title or a certificate of title, and 6% have a temporary occupation license or share certificate for the land.  Only 9.5% of the households have access to improved roads (i.e. tarmac/gravel/ murram/ paved roads) and only 14.3% have mentioned that roads are usable during rainy season.  Almost all households (83.8%) rely on water kiosks/tankers/ vendors/etc. for water supply. A negligible proportion (0.7%) of the households have piped water supply either through private or shared connection.  85.4% of the households have electricity connection.  Only 4% of the households have reported availability of street lights.  70% of the households use public/shared latrine while 30% of the families have individual latrines.  8% of the households are formally connected to public sewerage system and another 83.8% dispose excreta into pit latrines.  30.8% of the households have drains outside their homes.  18.8% of the households dispose garbage through private collection, city collection system, or system run by CBO.  54% of the households consider flooding during heavy rain as a severe problem, while for 28.2% households garbage dump in nearby areas is a severe problem.  Non-availability of high school, health clinic, hospital, and park within 20 minutes of walking distance have been reported by 92.4%, 70.5%, 87.6%, and 89.2% of the households respectively.  Malaria, respiratory problems and typhoid have been identified as predominant diseases by 48.8%, 28.2% and 16.2% of the households respectively. 39  4.1.3 Kamere Figure 4.3 Summary of Socioeconomic survey findings in Kamere Socio-economic survey in Kamere covered 387 households. Key findings are as follows:  97.4% of the households are rent paying tenants.  66.6% of owners possess either a certificate of title or a freehold title and remaining owners possess letter from chief or temporary occupation license.  Only 21.5% of the households have access to improved roads (i.e. tarmacked/gravel/ murram/paved roads) and a little more than one-fourth (27.5%) have mentioned that roads are usable during rainy season.  Barring 1.5% of the households who have access to piped water supply through private/shared connection, all other households rely on water kiosks/tankers/ vendors/etc.  70.2% of the households have electricity connection.  Barring 1, all the households have reported non-availability of street lights.  70% of the households use public/shared latrine and another 29.2% have individual latrines.  Only 9.7% of the households have toilet facilities formally connected with the public sewerage system. The remaining 85.4% of the households dispose excreta into pit latrine.  About one-third (33.2%) of the households have drains outside their homes.  15.4% of the households dispose garbage through private collection, city collection system, or system run by CBO.  61.2% of the households consider location of houses in the proximity of garbage dump as a severe problem. Similarly, 28.2% of the households have stated flooding during heavy rain as a severe problem. 40  Non-availability of primary school, high school, hospital, and park within 20 minutes of walking distance have been reported by 47.5%, 91.5%, 90.5%, and 76.5% of the households respectively.  Malaria and typhoid have been identified as predominant diseases by 41.7% and 30.6% of the households respectively. 4.1.4 Kasarani Figure 4.4 Summary of Socioeconomic survey findings in Kasarani Kasarani, socio-economic survey covered 412 households. Key findings are as follows:  90.1% of the households are rent paying tenants.  62.9% of owners possess either a freehold title, or a certificate of title, and 29.6% have a temporary occupation license, or a letter from chief.  Only 9.8% of the households have access to improved roads (i.e. gravel/murram/ paved roads) and about 24.6% of the households have mentioned that roads are usable during the rainy season.  12.2% of the households have piped water supply through private/shared connection, remaining households rely on water kiosks/tankers/vendors/etc.  73.2% of the households have electricity connection.  Only 1.7% of the households have reported availability of street lights.  71% of the households use public/shared latrines, and another 28.4% have individual latrines.  Only 5.5% of the households are formally connected to public sewerage system, while 91.1% dispose excreta into pit latrines.  21.9% of the households have drains outside their homes.  Only 4.7% of the households dispose garbage through private collection system. The city collection or CBO-run collection system does not operate in the settlement.  Proximity to garbage dump and flooding during heavy rains are considered as severe problems by 48.1% and 25.2% of the households respectively. 41  Non-availability of high school, hospital, and park within 20 minutes of walking distance have been reported by 83.1%, 95.3%, and 92.2% of the households respectively.  Malaria and typhoid are identified as predominant diseases by 37.7% and 31.1% of the households respectively. 4.2 Minority and Vulnerable Groups As presented in the previous sections, the study identified the following minority groups:  Household heads of the ages of 18 to 20;  Elderly household heads (over 60 years to 100 years);  Household heads who cannot read and write;  Households that rely solely on crop farming as a source of income. Vulnerable populations identified among the above minority groups that should be given special attention are:  The elderly;  The youth;  The unemployed;  Female headed households;  Squatters with no alternative land for resettlement. Households that are a combination of one or more of the above parameters are likely to be impoverished by relocation or resettlement if special programmes are not put in place to cater for their special needs. 42 5 PUBLIC CONSULTATION AND DISCLOSURE 5.1 Background 5.1.1 Objectives and Goals The overall goal of the consultation process is to disseminate information on the relocation plan, compensation plans and responsibilities. The process was also aimed at incorporating the views of the Project Affected Persons (PAP) in the design of the mitigation measures and the Relocation Action Plan. The main objectives of community consultations were to: • Provide clear and accurate information about the project to the communities; • Obtain the main concerns and perceptions of the population and their representatives regarding the project; • Consult on the community’s perceived negative impacts associated with relocations; • Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms; • Identify local leaders with whom further dialogue can be continued in subsequent stages of the project. 5.2 Stakeholder Engagement Stakeholders were engaged through a series of public meetings held in the four settlements. In summary, Public and Stakeholder engagement was done through: • Public Barazas at settlement level; • Household Surveys; 43 Table 5.1 showing an enumerator undertaking a census in Naivasha Kihoto Settlement. 5.2.1 Community Sensitisation Meetings The public meetings were conducted with the Project Affected Persons through public barazas at the Location and Sub-Location level. Though the target groups were the PAPs, the meeting was kept open to community members who lived in the settlement. This was expected to disseminate the information to the community members thus the meetings also served as community sensitisation meetings. Minutes and attendance list of the meetings provided in Appendix 2. The schedule of public meetings was as presented in Table 5-2. For areas where the meetings could not be held, footers are provided after the table. Table 5-2 Schedule of Public Meetings Location/Settlem Venue Date held No. of ent Attendee s Kihoto Church on the river 02/12/2013 85 Karagita Vine yard Church 02/12/2013 XX Kamere Hippo Boat point 03/12/2012 28 Kasarani Kasarani 03/12/2012 38 Dispensary Total 151 XX Cancelled due to lack of quorums on 02/12/2013 and cancelled again on o6/12/2013 due to non cooperation by the settlement residents. 44 Table 5.2 showing photos of public meetings A mobilisation poster as Members present in the public meeting in posted in Kamere Kamere. Settlement. A mobilisation poster as Members present in the public meeting in posted in Kasarani Kasarani. Settlement. 45 Memebers of public read a Public meeting at Kihoto Naivasha. mobilisation letter at Kihoto. 5.2.2 Household Surveys A total of 1271 households were consulted during the study. These households included encroachers, structure owners, business owners in the entire settlements. 5.3 Disclosure of the RAP Report 5.3.1 Disclosure of RAP report by MLHUD and WB The RAP will be posted in the MLHUD website the and WB’s infoshop for public review and comments. The Final Report should also be made available in either the following ways or both: • A copy of the report should be made available at the local area administration offices Area Chiefs Office) and at strategic and convenient places in the respective settlements. Future consultations should include mechanisms to promote consultations to ensure that stakeholders maintain active participation during consultations. 46 6 IMPACTS AND MITIGATION MEASURES 6.1 Evaluation of the Impacts of the Project To make possible evaluation of the impacts of KISIP support on Naivasha Informal Settlemenst, the guidelines provided by the Resettlement Policy Framework (RPF) for KISIP was made use of. Generally, the design for infrastructure improvement in Naivasha Informal Settlements envisages the following disruptions and losses. Proposed against each anticipated disruption and loss is its mitigation measure(s). 6.1.1 Number of Project Affected Persons The study conducted from November 29, 2013 to December 09, 2013 on PAPs in Naivasha Informal Settlements estimated the number of PAPs to be 1273. Majority of these were established as business tenants (729) then there were 466 property owners, and 78 residential tenants who will be affected. None of the PAPs was located on privately owned land; all were on public land, the land the Project has identified to utilise towards improving the infrastructure facilities in the Settlement. All the PAPs in the four settlements had made developments or encroached onto public land. Residential tenants (78) had their landlords develop corridors or pavements of their residents onto the road reserve. Figure 6.1: Category of Project Affected Persons by Encroachment on Public land Source: Field Survey 47 6.1.2 Loss of Structures and Proposed Mitigation Measures However, there are assets on the existing roads, access road reserves and public passageways identified to implement the proposed infrastructure facilities in Naivasha Informal Settlement. The description of these assets is as presented in Figure 6.3 and Tables 6.1. Figure 6.2: Examples of Structures on the Land Targeted to Implement Proposed Infrastructure in Naivasha Informal Settlement Encroachment onto the road by shop fronts. The design will utilize the LHS of the road to minimize projects. 48 Figure 6.3: Type of Project Affected Assets Source: Field Survey 49 Table 6.1: Description of Construction Material of Affected Structures, Given In Terms of Majority of Cases Studied Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Type of Affected Cases Structure Wall Roof Floor Other Veranda Concrete:4.4% Wood:6.6% Iron Sheet:6.6% Iron Sheet:13.3% Metal Bars/Mesh Wire:51.1% Metal Bars/Mesh Wodd:13.3% Wire:48.8% Dumping site Concrete/Stone: 100% Concrete/Stone: 66.6% Kiosk (or Iron sheets: 7.2% Iron sheets: 1.8% Kibanda) Wood: 24.7% Metal Bars/Mesh Cement:0.9 % Metal Bars/Mesh wire:55.1 % Wire:4.6% Concrete/Stone: 0.9% Mud/earth/clay 0.1% Wood :0.9% Grass/reeds:0.1% Concrete stone 4.3% Iron Sheets:18.5% Glass/reeds:0.1% Metal Bars/Mesh Plastic papers/bags:2.1% wire:31.5% Mud/earth/Clay:5.7% Wood:3.5% Shade Iron Sheets: 100% Iron Sheets: 100% Corridors Concrete stone 100% Concrete 50.0% Wall Concrete stone 100% Fence Wood: 50.0% Iron sheets:28.5% Concrete stone:21.4% Tank Concrete stone:50.0% Concrete stone:50.0% Window Wood:100% Iron sheets: 100% Cement:100% Extension 50 Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Type of Affected Cases Structure Wall Roof Floor Other Toilet Iron sheets:50.0% Iron sheets:50.0% Concrete stone, Cement::50.0% Wood:50.0% Ground Metal Bars/Mesh wire:% Metal Bars/Mesh wire:% Counter Wood:100% Permanent floor N/A Concrete stone:100% Houses/Building Iron sheets: 7.2% Iron sheets: 5.4% Cement:1.8% Wood: 23.6% Wood:1.8% Wood:30.9% Cement:1.8% Iron Sheet:45.4% Concrete stone:47.2% Metal Bars/mesh Mud/earth/clay:100% wire:5.4% Metal Bars/mesh wire:10.9% Plastic papers/bags:1.8% Iron sheets,Wood:3.6% Septic Tank Concrete/Stone:100% Iron Sheet:100% Total (Count) Iron sheets: 130.7% Iron sheets:156.2% Mud/earth/clay:% Wood: 129.5% Metal Bars/mesh Cement:137.5% Concrete/Stone: 110.2% wire:110.0% Concrete/stone:150.0% Cement: 100% Wood:100% Grass/reeds:100% Grass reeds:100% Iron sheets:113.7 % 51 Description of Construction Material of Affected Structures Given in Terms ofMajority of Studied Type of Affected Cases Structure Wall Roof Floor Other Mud/earth/clay:9.0% Metal Bars/mesh wire:120.6% Metal Bars/mesh Plastic papers/bags:113.3% wire:111.3% Tiles:100% Wood:1000% Tiles:100% Percentages and totals are based on respondents. Source: Field Survey 52 Majority of property to be affected are kiosks/kibandas in the settlement. However, these traders indicated that they are willing to pave way for the project construction. The project should facilitate the PAPs to able to relocate their businesses and structures to other roads not under the project and a severance of 4 days as per the business earnings per day. The number of electricity poles affected is 316 and 16 water kiosks in the entire four settlement of Naivasha. These has been provided for in the BoQs as relocation of services. 6.1.3 Loss of Revenue and Proposed Mitigation Measures As illustrated under 6.1.2 above, the field survey conducted in the beneficiary Settlement from the November 29, 2013 to December 09, 2013 established structures for commercial use will be affected toward effective implementation of the Project. These are significant in number. Table 6.2 presents the types of businesses practiced within these Project affected structures for commercial use. Observable, the bulk of business type is in selling of vegetables and/or fruits. Documented from the field survey, as Tables 6.2 and 6.3 illustrate, all the affected businesses are micro in scale. None is registered; majority operate from temporary structures; they operate from an area averaging less than 5m2 in size; the number of employees per business range from one (1) to six (6), majority of the business are sole proprietorship and ran by owners or family, 94.2% are permanent employees or business owners and 5.7% are on temporal employment. according to the owners, majority 39% earn a profit of not more than Ksh. 500 per day. A further 22% of the respondents didn’t disclose their business incomes. Figure 6.4: Examples of Affected Business in Kihoto Informal Settlement 53 Table 6.2: Business Types Practiced Within the Affected Structures for Commercial Use Type of Affected Businessa Category of Project Affected Person Total (Count) Land Residential Business Property owner owner tenant tenant Green Grocer ( selling vegetables 20 242 419 and/or fruit) 1 156 General Retail Shop 5 1 53 62 3 Posh mill 4 5 1 Cooked Food Kiosk 15 3 22 40 Tailoring and Dressmaking 3 11 14 Jua kali/Metal work 6 7 1 Mali Mali Seller 4 11 7 Barber (or Kinyozi) 4 10 14 Fish Monger 13 3 16 Hairdressing 2 1 9 12 Charcoal and/or Firewood Seller 21 2 43 66 Garment Retailer (Boutique/Clothes 1 8 9 Store) Bicycle Repair 5 3 8 Cereals Trader 2 5 8 15 54 Type of Affected Businessa Category of Project Affected Person Total (Count) Land Residential Business Property owner owner tenant tenant Second Hand Clothes Dealer 13 14 27 Carpentry/Furniture Workshop 2 4 6 Shoe Seller 9 2 1 12 Shoe Repairer 8 1 10 19 Others counted as three for each Electronic Butchery, Butchery,Charcoal,Gr are: Shop Hardware, ocery, Electronic Shop, Water Vendor Household Business Others counted as two for each are: Water Vendor, Accessories, Grocery/Charcoal Battery Vendor, Miraa Charging, Dealer, Potato Milk Vendor, Butchery Supplier M-Pesa Shop, Roasting Maize, 55 Type of Affected Businessa Category of Project Affected Person Total (Count) Land Residential Business Property owner owner tenant tenant Others counted as one for each are: Beauty Shop, Car Mandazi Wash, Chips Seller, Kiosk, Meat Flower Farm, Gas Butchery, Vendor, Pool Vendor, Grocery/Fish Electrical Radio Table, Vendor, Knitting Repair Kiosk, Salon/Mpesa, Stall, Maize Vendor Food/Vegetable Selling And Groceries, Kiosk, Grain Mirraa, Supermarket, Mandazi Kiosk, /Food/Vegetables Video, Water Market, Milk Vendor, Kiosk, Mandazi Vendor Motorcycle Repair, Kiosk, Miraa M-Pesa Shop, Dealer, Phone Welding, Transport, Repair Kiosk, Sign Writing, Roasting Maize, Shoe/Cap Dealer, Welding Shoe Shiner, Total (Count) 3 276 37 447 750 Percentages and totals are based on respondents. 56 Table 6.4: Average Net Business Income (Profit) Per Day Average net Frequency Percent business income (profit) per day (Ksh) From: 50-250 119 11.9 From: 300-500 391 39.3 From: 550-1000 355 35.7 From: 1200-3000 99 9.9 Above 3500 29 2.9 Sub Total 993 78 Non responsive 280 21.90 Total 1273 100 Source: Field Survey On the mitigation measures the Project could take with respect to the affected businesses, please refer to Table 6.5 (Table 6.5: This RAP Report’s Proposal of How Project Affected Person Is to be Compensated/Mitigated ). The proposals are shaped by the guidelines provided by the Project’s RPF. 57 Table 6.5: Entitlement Matrix CATEGORIES OF TYPE OF AFFECTED ENTITLEMENT LOSSES PERSONS Loss of access No cash compensation or land replacement to for loss of land at the project area in the four the road All types of affected settlements. This is because public right of reserve as way is public property and the PAPs are Persons considered as squatters. But affected space for persons will be given alternative space for business business e.g. inside nearby markets. 58 Alternative place for business will be provided by the Sub County Government for all affected PAPs. Relocation of open stalls, wooden Movement allowance to cover the cost of stalls, Kiosks etc.: moving structures (transport plus loading/unloading) shall be provided by Land and Business KISIP. Owners. Alternatively, cash compensation at Loss of replacement cost (calculated without business Business owners depreciation) Premise who are not land owners Cost of labour for dismantling and Vendors reconstruction will also be provided by KISIP. Tenants Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure. 59 Relocation of mobile vendors: The County Government shall liaise with Business owners appropriate market associations to provide who are not land space in nearby markets for the vendors. owners For a location that is far (50m), transfer Vendors allowance to cover transportation will be provided by KISIP. Itinerants 60 Shifting of KISIP will provide labour cost for vendors’ Stalls dismantling and reconstruction of and shops affected vendors stalls and shops. 61 Landlords have encroaching walls of their property. 2 months notice to readjust the fence and salvage materials. Tenants will be given 2 months notice to relocate for the rehabilitation of the affected structures. The Project should consider, to the extent possible, is avoiding relocation of the PAPs (living in the structures) to new sites outside the Settlement. With respect, the Project could: Redesign to avoid relocation, where it is Loss of considered feasible; and, Land lords and property and Tenants In extremely unavoidable circumstances, tenancy the Project should identify within the Settlement an empty housing structure, relocate the household to this structure, and compensate the structure owner for the demolition of the structure. The value of the compensation to the structure owner should not be less than the replacement cost of the structure. Re-installation of the household should be as per the guidelines provided in the Project’s RPF. 62 KISIP will provide allowances in lieu of lost Only PAPs that will daily profit for 4 be days. relocated to nearby the Transport allowances will be provided to market the PAPs to allow them transport their salvaged structures. Loss of Income from business premises KISIP shall provide loss in daily profit to all Vulnerable group identified vulnerable groups, as identified in this RAP. 6.1.4 Loss of Access to Natural Resources and Health Facilities, Water and Sanitation, and Energy, and Proposed Mitigation Measures From the infrastructure improvement design proposed for the beneficiary Settlement and to be implemented by the Project, the field survey conducted from the November 63 28, 2013 to December 09, 2013 established that no household will be moved; and proposed as a mitigation measure, should it be found otherwise during engineering works phase of the Project, highly recommended is re-installation within the Informal Settlement, which is synonymous to the Project beneficiary area. In the Project beneficiary area, established from the field survey carried out between during the study period. 1) Temporary disruption to electricity supply to the Settlement is anticipated toward effective implementation of the Project. On the roads the Project is targeting to improve in the Informal Settlement. mitigated by adequate prior notices to the settlement. However this doesn’t occasion any economic loss. 2) Temporary interruptions with respect to water and sanitation services in the Informal Settlement are as well expected. These include water kiosks and their supply network. These will be damaged during construction. To minimise on the magnitude of disruptions, the mitigation measures proposed by this Report are: a) Undertaking of group jobs. b) Regarding disruption on water supply: During construction, the Project shall ensure households whose individual or yard tap or water kiosks connection is affected shall be supplied with water by use of temporary pipes called “high-lines” 64 6.2 Eligibility The World Bank Resettlement Policy/Guidelines require compensation for the lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihoods. In this project, the absence of formal titles will not constitute barrier to resettlement assistance and rehabilitation. The qualified PAPs that are eligible for compensation and other project assistance include: 1. Those PAPs that are on the way leaves for drainage and roads. 2. PAPs that will have to demolish part or whole of their dwellings. 3. PAPs who require transport for their properties to another location. 4. PAPs that need to carry out re-construction works du to either relocation or shifting backwards. 5. PAPs whose income will be impaired. All PAPs in Naivasha Subcounty settlements of Kihoto, Karagita, Kamere and Kasarani Informal Settlement satisfy paragraph (a) and (b) and therefore they are allowed relocation assistance in accordance to the conditions of KISIP’s RPF. Appendix 4 gives the list of PAPs. 6.3 Valuation and Compensation for Losses Valuation of assets in Kihoto, Karagita, Kamere and Kasarani along the roads, drainage and sewer to be upgraded was conducted by qualified surveyor and registered valuer between 13th and 17th January 2014 to ascertain individuals whose properties or livelihoods will be directly or indirectly affected by the project activities. Valuation was conducted at locations of structures encroachment to the project area. Guiding principle adopted in the formulation of the compensation valuation is that lost income and assets will be valued at replacement cost such that the project affected populations should experience no net loss. This is in accordance with the KISIP Resettlement Policy Framework and World Bank operational policy on involuntary resettlement, OP 4.12. In line with the above principle, an all encompassing survey and valuation of the assets and loss of income by the Project Affected Persons (PAPs) was conducted. Considering that compensation, in the form of alternative spaces in nearby markets in Karagita, Kamere and Kasarani will be offered to the PAPs who are predominantly small market traders and due to the fact that they will not need their structures in the new markets, there will be no huge monetary compensation or replacement of land or business premises/structures. 65 As already stated, there will be no demolition of structures hence structures will not be valued since PAPs will be allowed to dismantle their structures and reuse them at relocated locations or in the markets provided as alternatives. KISIP will provide supplementary assistance to affected PAPs. Depending on the type of materials used for the construction of structures, rates will be considered for cost of labour and transportation allowance. Basically two types of materials are prevalent: wood/plywood and steel/iron sheets. The rates that were confirmed to us by the PAPs and assessed by certified valuer will apply and these are: 1. Transportation cost for moving structures from project corridors e.g vending platforms (lock-up wooden shops) and open stall (dismantled wooden materials) Ksh.1500.00 2. Cost of labor for dismantling the affected structure (lock-up wooden shops) and open stall Ksh.1,500.00 and vending platforms KShs. 750.00 3. Allowance for income losses: at an average of Ksh.750.00 for 4 days. 6.4 Payment of Compensation In line with the World Bank operational policy on involuntary resettlement (OP 4.12), KISIP will ensure that the conditions of PAPs are restored to the status that is at the minimum commensurate to their pre-project status. List of all PAPs has been documented in the PAP register. In addition, every person affected by the project registered with his or her national identification card for easy identification for possible compensation. The register has among other parameters indicated the name of the person, business type, and identification number. The identity cards will serve as the major identification for restitution. The RAP implementation will verify the correctness of each PAPs as stated in the register and ascertain that every identity card holder is correctly documented in the register. On completion of the PAP audit list, the Project Coordinator will setup team that will carry out payment and compensation. This team will consist of KISIP’s accountant, legal and ƒ social safeguard expert including representatives of the County Government and SEC. 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: 1. Dates and locations of payment 2. List of eligible people and amount 3. Mode of payment etc. An appropriate framework to deliver the compensation payments to the PAPs will be decided by KISIP in line with government financial management regulations and as much as possible keeping in mind that most PAPs have no bank accounts. In the event 66 that an individual is absent during payment, the compensation committee will immediately communicate new date of payment to such individual(s) 6.5 Notification The PAPs will be served with adequate notice of 30 days to relocate upon compensation and before the commencement of works. All the stakeholders in the project e.g. KURA, NEMA, KPLC, will also be notified of the relocation exercise 6.6 Grievance Redress Mechanism Given the enormity of the challenges associated with grievance redress, the consultant recommended dispute resolution mechanism in which, as far as possible, all disputes are resolved at the community level and will include the area chief. Community grievance committee will be formed at the settlement. An appeal from the settlement grievance committee is passed on to joint grievance committee composed of SEC members, at least 1 representatives from Non-Governmental Organization (NGO), three officers representing the client from the KISIP Subcounty Team- heads of component 3, which should include legal expertise, accountant,. It is recommended that the Subcounty KISIP Coordinator should chair the team. The legal expert from the joint grievance committee shall be the secretary of the committee and they shall meet once every fortnight to address pertinent issues raised. The functions of the Grievance Redress Committee are: 1. Provide support to affected persons on problems arising from loss of business area and/or eviction from the setbacks; 2. Record the grievance of the affected persons, categorize and prioritize the grievances that need to be resolved by the Committee; and 3. Report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigations include: i. Affected persons not enlisted; ii. Losses not correctly identified; iii. Inadequate assistance or not in line with entitlement matrix; iv. Dispute about ownership; v. Delay in disbursement of assistance; and vi. Improper distribution of assistance. It is the responsibility of the grievance redress committee to satisfactorily address all complaints brought by the project-affected persons. On the condition that an affected 67 Figure 5.1: Grievance Redress Mechanism First Instance: Local mediation with ruling under the auspices of settlement grievance Committee, and area chief. If not successful Second Instance: Joint Committee SEC representative, at least representatives from two Non Governmental Organizations (NGOs), three officers representing the client from the KISIP municipal Team- heads of component 3 and representation from KURA, in the presence of legal counsel. If not successful Third Instance: Court of Law according to Kenyan laws with legal representation of PAP. person is not satisfied with the decisions of the committee to the appeal level, such person has an opportunity to seek the intervention of the formal judicial mechanisms. 6.7 Implementation Schedule The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the envisaged projects in the four settlements (Kihoto, Karagita, Kamere and Kasarani) to the completion and the time that the infrastructure will be fully available to full use. It should be noted that the procedure in the schedule starting from notification of the PAPs before their displacement through compensation and resettlement will be done in phases to synchronize with the various phases of the project. The RAP Implementation schedule defines the duration and timing of the key milestones and tasks. The major component tasks for the schedule include: 1. Preparation of RAP 2. Consultation and Disclosure of RAP 3. Audit of the PAP register and compensation package due to each PAP 4. Resolving emerging grievances 5. Compensation and/or Supplementary assistance 6. Notification of PAPs to relocate 68 7. Commencement of project operations 8. Monitoring and evaluation, including baseline update Table 6.6 shows the implementation schedule specifically for relocation of PAPs within the Project beneficiary areas; this however will be developed in further details. 69 Table 6.6: Proposed Implementation Schedule Activity Weeks from Approval of RAP Report 1 2 3 4 5 6 7 8 9 10 11 12 Approval of RAP Disclosure of the RAP Report Audit of the RAP report to verify PAP and compensation details Resolution of conflicts and Grievances Payment of compensation to PAPs and facilitation of relocation Issuance of notices for relocation Actual relocation Commencement of works Monitoring of the resettlement activities Post – Relocation activities 70 6.8 Monitoring and Evaluation Monitoring and evaluation of the Project, as regards compensation, is significant as it facilitates in assessing whether the Project objectives of just re-installation are met. The monitoring plan indicates parameters to be monitored, institute monitoring guidelines and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. The procedures include internal track keeping efforts as well as independent external monitoring. The purpose of resettlement monitoring for the KISIP project will be to verify that: i. Actions and commitments described in the RAP are implemented; ii. Eligible project affected people receive their full compensation prior to the start of the rehabilitation activities on the project area; iii. RAP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving pre- project living standards; iv. Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken; v. If necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people. The World Bank operational policy (OP 4.12) states that the project sponsor (KISIP) is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both warning system for the project sponsor (KISIP) and channel for the affected persons to make known their needs and their reactions to resettlement execution. KISIP monitoring and evaluation activities and programs would be adequately funded and staffed. In-house monitoring may need to be supplemented by independent monitors to ensure complete and objective information. The RAP monitoring plan and framework is adopted from IFC (Handbook for Preparing Resettlement Action Plan). It involves: 1. Internal monitoring by KISIP; 2. Impact monitoring commissioned to specialized firms; and 3. RAP Completion Audit 71 Table 6.7: RAP Monitoring Plan Component Type of Source of Responsibility Frequency/ Activity Information Information/ for Data Audience of / Data Data collection Collection, Reporting Methods Analysis and Performance Collected Measurement of Monthly or quarterly Reporting KISIP PCT Semi- monitoring Input indicators narrative status annual/annual as against and financial KISIP County required by KISIP proposed time reports Team, SEC and World Bank table and budget including procurement and physical delivery of goods, structures and services. Impact Tracking Quarterly or semi- Project Annual or more monitoring effectiveness of annual resettlement frequently as inputs against quantitative and unit or required by baseline qualitative contracted KISIP and WB indicators surveys external monitoring agency Assessment of Regular public PAP meetings and other satisfaction with consultation with inputs people affected by the project; review Completion Measurement of of grievance External Contracted On completion mechanism outputs assessment/sign- of audit output indicators external such as off report based on auditing and the RAP time productivity performance and evaluation table as agreed gains, livelihood impact monitoring agency between KISIP restoration, and and WB reports, independent developmental surveys and impact against baseline consultation with affected persons 6.9 Costs and Budget The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. The population affected by this project, includes people occupying land on the road reserve in violation of Kenyan laws. These groups of people; who are often referred to as squatters, are not entitled to compensation for loss of land under both the OP 4.12 and the government of Kenya laws. However, they are entitled to compensation for any improvement made to the land as well as to resettlement assistance if they occupied the project area before an established cut off date. 72 The estimated compensation sum has excluded the value of land, due to it being designated as road reserve and therefore no individual has legal ownership claim on any part thereof. The overall budget for the resettlement action plan is presented in Table 6.8 Table 6.8: Proposed budget for RAP No Budget Item Proposed Budget Kshs.) 1 Payment for resettlement assistance in the form of: 6,526,500.00 Loss of income for four days Transport allowance to allow them transports their salvaged structures. Labour cost for dismantling the affected structures. Compensation of structures in all settlements at replacement cost 2 Resettlement Activities 4,000,000.00 Auditing and verification of PAP register and compensation packages Grievance Redress mechanism Issuance of notices Facilitating PAPs to move to the new markets Supervision and monitoring of resettlement activities Community consultations Meetings of resettlement Committees 3 Implementation of post-project community support activities including 2,000,000.00 monitoring and evaluation of resettlement impacts Sub-Total 12,526,500.00 4 Add 10% contingencies 1,252,650.00 TOTAL 13,779.150.00 73 7 CONCLUSIONS Evaluation of the proposed development plans for the four settlements in Nakuru county, Naivasha Subcounty in Kihoto,Karagita,Kamere and Kasarani settlements on their potential negative impacts on inhabitants of these settlements and a need for compensation of these impacts leads to the following conclusions:  The proposed projects will lead to a considerable improvement of public infrastructure in the settlements, from which all inhabitants will benefit.  The projects will affect a number of structures built by inhabitants, which will have to be removed prior to project implementation.  However, all these structures are temporary ones, which can easily be removed and built up again in a designated location.  Most of these structures are vending kiosks; their owners will be offered space on new markets being constructed by the subcounty government in Karagita and Kasarani while Kengen is supporting Kamere market. This is an adequate compensation, since in this way livelihood of the PAPs will not be affected.  All affected persons have agreed to remove their structures before project implementation, since they are aware that they encroached on public land.  Given this situation, no compensation payment is required for the selected projects, but relocation assistance will be given to the PAPs to minimize livelihood disruption. 74 APPENDICES 75 o Appendix 1 Project Design Layouts of the Project Areas/Settlements 76 77 78 79 80 o Appendix 2 Minutes and Attendance Lists of the Community Consultation 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 o Appendix 3 Interview Guide Used to Collect Data on Project Affected Persons 98 Project Affected Person Interview Guide Kenya Informal Settlements Improvement Project Naivasha Informal Settlements RAP Census Tool for LOT ________ PROJECT AFFECTED PERSONS Summary Kenya Informal Settlement Improvement Project (KISIP) is receiving support from the World Bank. Through KISIP, the settlements targeted to benefit are Kihoto, Karagita, Kamere and Kasarani in Naivasha. Implementation of KISIP involves engineering construction. Designs for engineering construction in this settlement are complete. From the designs, parcels of land in this settlement are targeted for use towards effective implementation of the Project. This parcel of land is amongst the parcels of land affected. In connection, KISIP has an obligation to you, the Project Affected Person (PAP), to observe fair practice towards effective implementation of the Project. It is for this reason that we are here, conducting a Resettlement Action Plan census. A socio-economic survey is a must prior to implementation of KISIP’s engineering construction. The main objective of the survey is to enable determination of the full socio-economic impact of implementing the Project. Its specific objectives are: a) To collect full information on the PAPs; b) To collect full information on the types of PAPs; c) To collect full information on the amounts of assets that would be affected; d) To understand the socio-economic development status of the area affected. This is for optimisation of the engineering design; e) To disclose to the PAPs information on the Project; f) To provide information for the compilation of an objective Resettlement Action Plan (RAP) report. The main goal of a RAP report is to present an entitlement package. This is undertaken with the overall intent of minimising and reversing effects associated with implementing the engineering works of the Project; g) To obtain the opinion and suggestions of the PAPs and relevant secondary stakeholders operating in the Project area. This is useful in customising the RAP report to local reality, thus ensuring that PAPs are adequately re-installed; and, h) To provide reference for independent monitoring of the impact of the Project on PAPs. Project Affected Person Interview Guide Full Names of Respondent: _________________________________________________________ Phone Number(s) of Respondent: ___________________________________________________ I.D. Number of Respondent: ________________________________________________________ Full Names of Interviewer: _________________________________________________________ Phone Number(s) of Interviewer: ____________________________________________________ Date of Interview (dd/mm/yyyy): ________________________________________________ A. BACKGROUND INFORMATION 1. Physical location of the structure/parcel of land affected by the Project: 1. Name of County: ______________________________________________________ 2. Name of Constituency: _____________________________________________ 3. Name of Administrative Location: ____________________________________________ 4. Name of Administrative Sub-Location: ________________________________________ 5. Name of Settlement: _________________________________________________________ 6. Road Label (For Road label, use what is provided from the layout map) : ________________ 2. Category of Project Affected Person (circle or tick the appropriate category) 1. Land owner 2. Property owner 3. Residential tenant 4. Business tenant 3. Is the Project Affected Person located on encroached land? 1. Yes 2. No 4. Full names, identification and contact details of the Project Affected Person 1. Full Names: ________________________________________________________________ 2. I.D. Number: _______________________________________________________________ 3. Phone Number(s): __________________________________________________________ 4. Personal Identification Number (PIN): _________________________________________ 5. Postal Address: _____________________________________________________________ 5. Highest education level Project Affected Person has attained: 1. None 2. Primary incomplete 3. Primary complete 4. Secondary incomplete 5. Secondary complete 6. College 7. University 8. Other (specify) _________________________________________________________ 100 Project Affected Person Interview Guide [Question 5 preferably to be administered to ACTUAL OWNER of affected parcel of land] 6. Full names, identification and contact details of the ACTUAL OWNER of the parcel of land affected by the Project Description As per Government of Kenya (GoK) land Any Comments on the information registration records given 1. Full Names: 2. I.D. Number: 3. Phone Number (s): 4. Personal Identification Number (PIN): 5. Postal Address: 6. E-mail address: 7. Land Registration (LR) Number: 8. Plot Number: 9. Total size of land owned (please indicate measurement e.g. acres, m2, Km2, Ha, ft2 etc.) 10. What size of this land is targeted for use by the Project? (please indicate measurement e.g. acres, m2, Km2, Ha, ft2 etc.) 11. Owner’s reservation price for the whole parcel of land (Ksh). 101 Project Affected Person Interview Guide B. ACTUAL LAND OWNERSHIP [Questions 6 to 9 preferably to be administered to ACTUAL OWNER of parcel of land targeted for use by the Project] 7 What type of OFFICIAL RECORD do you the owner of this parcel of land have to prove ownership of the parcel of land (If possible, obtain a copy of the official record proving ownership of the parcel of land) 1. None 2. Title deed (LR. Number: _______________________________) 3. Sale agreement 4. Allotment letter (Allotment Number: - _________________________________________) 5. Other (specify)___________________________________________________________ 8 If there is NO OFFICIAL RECORD, what method are you the owner of this parcel of land using to claim legitimate ownership of the parcel of land? (Explain and include what sources the Project can be use to verify claim) ___________________________________________________________________________ ___ ___________________________________________________________________________ ___ Land Tenure System and Use 9 What land tenure system does the parcel of land affected by the Project fall under [tick or circle appropriate answer(s)] 1. Customary land tenure (where ownership practices of the parcel of land fall under customary law) 2. Freehold tenure (where absolute right of ownership or possession of land is conferred to the owner of the parcel of land for an indefinite period of time.) 3. Leasehold tenure (where right of ownership is conferred to the owner of the parcel of land for a definite period (or term) of years. The right of ownership may have been granted by the government, local authority or freeholder, and is likely subject to the payment of a fee or rent) 4. Public tenure (land is owned by the government for her own purpose) 5. Other (specify) __________________________________________________________ 10 What is the actual predominant land use of the parcel of land affected by the Project? 102 Project Affected Person Interview Guide 1. Agriculture 2. Ranching 3. Residential 4. Commercial 6. Other (specify) _________________________________________________________ 103 Project Affected Person Interview Guide Details of Structures on the Parcel of Land Targeted for use by the Project (towards Effective Implementation of the Project) 11 Are there structures on the parcel of land targeted for use towards effective implementation of the Project? 1. Yes 2. No 12 If YES, describe the type of structures on the parcel of land targeted for use by the Project (towards effective implementation of the Project): Element – Type of Structure Classification Description of type of construction/building Size of affected structure Owner’s on the parcel of land of structure: material used to make the structure (STATE (please indicate measurement) reservation affected by the Project 1. Temporary FOR WALL, ROOF AND FLOOR) price for 2. Semi- 1. Iron Sheets 2. Grass/reeds 3. Mud/Earth/Clay Floor size (please Height the permanent 4. Wood 5. Tiles 6. Concrete/Stone 7. Cement indicate (where identified 3. Permanent 8. Plastic paper/bags 9. Other (specify) measurement) affected) structure WALL ROOF FLOOR OTHER (specify) Length Width (Ksh.) 1. 2. 3. 4. 5. 6. 7. TOTALS 104 Project Affected Person Interview Guide [Question 16 preferably to be administered to STRUCTURE OWNER] 13 Full names, identification and contact details of the ACTUAL OWNER OF THE STRUCTURE(S) on the land targeted by the Project towards effective implementation of the Project Description Any Comments on the information given 1. Full Names: 2. I.D. Number: 3. Phone Number (s): 4. Personal Identification Number (PIN): 5. Postal Address: 6. E-mail address: 7. Plot Number: 8. Ballot Number: 9. Land Registration (LR) Number: 10. House Number: 105 Project Affected Person Interview Guide 14 What is the main source of water for the affected structures on the parcel of land targeted for use by Project? 1. Rainwater collection/roof catchment 10. Borehole without pump 2. Seasonal river/stream 11. Water vendor 3. Permanent river 12. Water kiosk 4. Pond/pan/dam 13. Public tap 5. Protected spring 14. Piped water into plot/yard 6. Unprotected spring 15. Piped water into dwelling 7. Protected dug well 16. Bottled water 8. Unprotected dug well 17. Other (specify) _______________________ 999. N/A 9. Borehole with pump 15 What is the main mode of human waste disposal for the affected structures on the parcel of land targeted for use by the Project? 1. Bush/flying toilet 2. Bucket 3. Traditional Pit latrine 4. Ventilated Improve Pit (VIP) Latrine 5. Cess Pool 6. Septic Tank 7. Main Sewer 8. Other (specify) ______________________________________________________________ 999. N/A 16 What is the main type of lighting fuel for the affected structures on the parcel of land targeted for use by the Project? (Tick or circle as appropriate) 1. Electricity 2. Pressure Lamp 3. Lantern 4. Tin Lamp 5. Gas Lamp 6. Solar 7. Other (specify) ______________________________________________________________ 106 Project Affected Person Interview Guide 999. N/A 107 Project Affected Person Interview Guide Details of Plants on the Parcel of Land Targeted for Use by the Project (towards Effective Implementation of the Project) 17 Are there perennial crops (e.g. mango trees etc) on the parcel of land targeted towards effective implementation of the Project? 1. Yes 2. No 18 If YES please provide details of the perennial crops grown on this parcel of land (fill the table below) Type of perennial crops on the parcel of land targeted by the Project Age (in years) Number Owner’s reservation towards effective implementation of the Project price (Ksh) 1. 2. 3. TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.) 19 Are there other trees (e.g. eucalyptus trees etc) on the parcel of land targeted by the Project towards effective implementation of the Project? 1. Yes 2. No 20 If YES please provide details of the other trees grown on this parcel of land (fill the table below) Type of other trees growing on the parcel of land targeted by the Age (in years) Number Owner’s reservation Project towards effective implementation of the Project price (Ksh) 1. 2. 3. TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.) 108 Project Affected Person Interview Guide 21 Are annual crops (e.g. maize etc) grown on the parcel of land targeted by the Project towards effective implementation of the Project? 1. Yes 2. No 22 If YES, please provide details of the annual crops grown on this parcel (fill the table below) Type of annual crops grown on the parcel of land targeted by the Size of land Estimated yield of Owner’s Project towards effective implementation of the Project under the crop the crop per acre reservation price (acres) (Ksh) 1. 2. 3. 4. TOTALS OF ESTIMATED OWNER’S RESERVATION PRICE (KSH.) 109 Project Affected Person Interview Guide Details of Livestock on the Parcel of Land Targeted for Use by the Project (Towards Effective Implementation of the Project) 23 Is there livestock on the parcel of land targeted for use by the Project (towards towards effective implementation of the Project)? 1. Yes 2. No 24 If YES, please provide details of the livestock found on this parcel of land (fill the table below) Type of livestock found on the parcel of land (Put a tick on the Number affected by the Project right box Yes No 1. Cattle 2. Sheep 3. Goats 4. Camels 5. Donkeys 6. Pigs 7. Chicken 8. Bee hives 9. Other (specify) 10. Other (specify) 11. Other (specify) 12. Other (specify) 13. Other (specify) 14. Other (specify) 15. Other (specify) 110 Project Affected Person Interview Guide [Question 30 & 31 to be administered to ONLY those that mention STRUCTURES FOR HOUSING (i.e. AFFECTED STRUCTURE IS HOUSE) in Question 13] Bio-Data – Households Only 25 What is the number of persons that live in the structure for housing located on the parcel of land targeted towards effective implementation of the Project? Adults (18 years & above) _______ Children (below 18 years of age) _______ Total number of household members: _______ 26 Table A: Full name, age, sex and position of household member HM Household member’s full names Age Sex Position in the Occupation I.D 1. Male household: 1. None 5. In primary No. 2. Female 1. Household head 2. Employed school 2. Spouse/Partner (Permanent) 6. In secondary 3. Child 3. Employed school 4. Domestic servant (Casual) 7. In College 5. Other (specify) 4. Self employed 8. In University 1. 2. 3. 4. 5. 6. 7. 111 Project Affected Person Interview Guide HM Household member’s full names Age Sex Position in the Occupation I.D 1. Male household: 1. None 5. In primary No. 2. Female 1. Household head 2. Employed school 2. Spouse/Partner (Permanent) 6. In secondary 3. Child 3. Employed school 4. Domestic servant (Casual) 7. In College 5. Other (specify) 4. Self employed 8. In University 8. 9. 10. 11. 12. 13. 14. Details on rent for the structure of housing 27 Do you rent this property (this house)? (Circle the appropriate answer) 1. Yes 2. No 28 If YES, how much is the rent per month in Kenyan Shillings? ___________________ 112 Project Affected Person Interview Guide C. FULL DETAILS OF BUSINESS OWNER(S)/TENANT(S) [Questions 34 & 42 to be administered ONLY to Business Owners or Tenants] 29 Business Address i. Name of company/business: ____________________________________________________ ii. Personal Identification Number (PIN): ____________________________________________ iii. Telephone number: ____________________________________________________________ 30 Contact Person (s): Full Names of Contact Person(s) Designation/Title 1. 2. 31 Business type: ___________________________________________________________________________ ___ 32 Year business was started: __________________________________________ 33 Number of persons that are owners of the business: ___________________________ 34 Is the business registered? 1. Yes 2. No 35 If REGISTERED, what is the legal status of the firm? 1. Sole proprietorship 2. Partnership 3. Private limited company 4. Public limited company 5. Other (specify) ______________________________________________________________ 999. N/A 36 How many persons are employed in the business? Status Total number of employees by sex Male Female Total Permanent Temporary Total 113 Project Affected Person Interview Guide 37 On average, how much is your net business income (profit) per day? Ksh. _____________ 38 How many days in a week do you open the business? ______________________________ 39 Do you rent the business premise? (Circle the appropriate answer) 1. Yes 2. No 40 If YES, how much is the rent per month in Kenyan Shillings? ____________________ 114 Project Affected Person Interview Guide D. MITIGATION (COMPENSATION) PREFERENCE 41 Do you accept to be compensated? Category of Project Category of Project How Would You The Project Affected Person Would Signature of Project Affected Person Affected Person like to be compensated (What Mitigation Measure Affected Person Accepts to be Would You the Project Affected Person Like the Project Compensated? to Adopt) 1. Yes 2. No 1. STRUCTURE OWNER 2. TENANT 3. LAND OWNER 115 Project Affected Person Interview Guide ANY OTHER COMMENTS _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ Thank you 116 Project Affected Person Interview Guide O Appendix 4 Schedule of Project Affected Persons 117 Project Affected Person Interview Guide Karagita PAP Register KISIP PAP REG NAIVASHA KARAGITA.docx Kihoto PAP Register KISIP PAP REGISTER NAIVASHA KIHOTO.docx 118 Project Affected Person Interview Guide Kamere PAP Register KISIP PAP REGISTER NAIVASHA KAMERE.docx 119 Project Affected Person Interview Guide Kasarani PAP Register Kisip PAP REGISTER Naivasha Kasarani.docx 120