Mombasa North Mainland (Short-Term Works) - Lot 1 A Contract: KE-CWSB-150896-CW-RFB Abbreviated Resettlement Action Plan JANUARY 2025 Page 1 of 24 Project Outline The Government of Kenya (GoK) and Coast Water Works Development Agency (CWWDA) in association with the International Development Association (IDA) has undertaken to implement the Construction of Water Supply Distribution Pipelines (Short Term Works Lot 1A) in Mombasa North Mainland under the WATER AND SANITATION DEVELOPMENT PROJECT (WSDP) CONTRACT NO KE-CWSB-150896-CW-RFB.The sub-project(contract) which is in Mombasa North Mainland specifically in Kisauni and Nyali Sub-Counties. The area is predominantly a residential area with several commercial shopping centres The figure below shows location of the sub-project Area. Figure 1 – Layout of the Project Area (Pipelines in Blue are Constitute Lot 1A) with the relocated line NM01 and its extension indicated. The line crosses the Mombasa-Malindi highway which is under construction via a duct provided by KeNHA then to run along the Serena road at Shimo La Tewa Primary School to Pride Inn Beach Hotel. Scope of Works The main scope of works for Mombasa North Mainland (Short-Term Works) – Lot1A Project includes the following: i. Supply of 171,643m (172Km) of HDPE Pipelines ranging from for Diameter 15mm to 400mm ii. Construction of 155,909m (1556km) of HDPE Pipelines ranging from for Diameter 15mm to 400mm iii. Installation of all fittings and valves in the pipelines (air valves, washouts, fire hydrants) etc. iv. Supply and Installation of 50No. Bulk meters v. Supply of 13.9km of OD15mm and OD32mm HDPE Pipes and maintenance tools to MOWASSCO vi. Supply of 3,400 domestic water meters Page 2 of 24 Figure 1 – Layout of the Project Area (Pipelines in Blue are Constitute Lot 1A) Page 3 of 24 Background Information for the ARAP Some pipelines in the original scope of works were relocated due to duplication of pipelines to be constructed by other Projects still under WSDP by MOWASSCO. Two of these lines were NM023 and NM024.The construction of these lines has been completed following the clearance of the E&S screening report by the Bank in 2022. The screening concluded that the relocation of the pipelines wouldn’t cause disturbance to livelihoods, no impact on assets as the pipelines were relocated along the road reserve which was not occupied. Additionally, in the original scope of works, Line NM01 was designed to be laid along Old Malindi Road with its entire length aligned along Shimo La Tewa Prison land with a length of 1,803m. This pipeline was designed to be connected to an existing DN500mm steel pipe as well OD110mm Line NM22 that was intended for new area of water supply in Utange, Majaoni and Shanzu. However, it was established that the intended existing DN500mm steel pipeline for point of connection for both Line NM23 and NM01 along Old Malindi Road, was DN150mm pipeline and not DN500mm as initially assumed. Technically, the pipeline hydraulics for the network would have failed if NM23 and NM01 were to be connected to the existing DN150mm as planned, thereby compromising the overall performance of the network. With this scenario, Line NM01 also needed to be relocated from Shimo La Tewa Prison land to Old Malindi Road in Utange and be connected to Line NM023 terminal point, for continuity since both pipelines are OD400MM HDPE pipelines. This relocation of NM01, which was terminating at Shimo La Tewa Prison compound has caused emergence of new PAPs who were not in the original RAP. An enumeration was conducted by the Construction Works Supervising Consultant and established a total of 106 PAPs. Following the concern raised by MOWASSCO (Appendix 1) there was need to extend Line NM01 from Shimo La Tewa Prison Compound to Serena Beach Road targeting high water demand areas of Shanzu and Beach Hotels along Serena Road. It also comprises provision of tertiary pipelines to highly deserving Shimo La Tewa Prison. The total length for the extension is 4,540m of OD315mm HDPE pipe from Shimo La Tewa Prison Compound to Serena Beach Road. Subsequently, this extension also caused emergence of an extra lot of 38 PAPs (1PAP has two assets). Socio-Economic Setting Mombasa County is divided into 6 sub - counties namely Mvita, Nyali, Changamwe, Jomvu, Kisauni and Likoni. The sub- counties are further divided into divisions. Kisauni sub - county which hosts the project is sub divided into 3 divisions, 6 locations and 14 sub-locations. The population distribution and settlement patterns in the County are influenced by proximity to vital social and physical infrastructure networks such as road, housing, water and electricity. Other factors that influence settlement include accessibility to employment opportunities and security. The main industries that provide employment opportunities to Mombasa County include Manufacture & Processing, The Port of Mombasa, Container Freight Terminals and expansive hotels. With the proximity of the project area to the beach, most youth rely on beach tourism for livelihood. However, the beach tourism has been performing poorly and as such small scale businesses have come up to fill in the gap. Abbreviated Resettlement Action Plan and its Purpose This Abbreviated Resettlement Action Plan (ARAP) covers Project Affected Persons (PAPs) in Utange area, Mwebelegeza Sub-location and Shanzu area, Shanzu Sub-location in Mwembelegeza location in Kisauni Sub- County. It enumerates PAPs who will be affected by the relocation of pipeline NM01 and extension of the same pipeline to Serena Beach Road, in Kisauni Sub-county. This ARAP aims at addressing impacts from livelihood disruption and damage to business structures. Page 4 of 24 Resettlement Impacts This ARAP was undertaken to determine the nature, scope and extent of impacts to PAP’s assets and sources of livelihood. Key considerations were given to; i. Loss of livelihood by the small business operators along the road reserve on the proposed pipeline relocation ii. Small scale business operators along the road reserve where the pipes will be laid. There will be no acquisition of land because the pipelines are planned to be constructed within existing road reserves. Summary of the project impacts The pipelines are to be constructed in Utange area and Serena Beach Road within existing road reserves.  In Utange, a total of 106 PAPs will be affected, they operate businesses along the road reserve, among them, 1no. PAP is a Person Living With Disability (Deaf). No structure will be affected.  Along Serena Beach Road, a total of 38 PAPs (1PAP has two assets) will be affected, they operate various businesses along the road reserve, of which 6no. PAPs are structure owners and also own their businesses while 30 PAPs are business owners only and 2no. PAPs are casual labourers to a single business owner.  The impacts on the 6no structures will be on concrete verandas of the shops and include floor & tile works, masonry, roofing and beam construction. These impacts will be reinstated by the contractor once pipeline construction is complete. The resettlement impacts of the construction of Line NM01 are summarised in Table 1, below: Category Type of Impact No. PAPs Category 1 Loss of Liv elihood 136 Category 2 Partial Damage to Business Structure 6 Category 3 Loss of Daily Wage - 5 days 2 Environmentally, the impacts of the construction are general and that the mitigation measures proposed in the original ESIA and ESMP prepared for the sub-project would be adequate. Methodology and Approach A consultative approach was adopted to make clear the construction activities, and to explain the likely impacts and the resettlement measures available to the PAPs. The approach included the following tasks: i. Community mobilisation and census; ii. PAPs census and property identification; iii. Property assessment and valuation; and iv. Data analysis and reporting. Institutional and Legal Framework This ARAP has been prepared in compliance the project Resettlement Policy Framework (RPF). The RPF provides that a sub-project funded under WSDP if it causes loss of income or livelihood, Page 5 of 24 regardless of whether or not the affected people are physically displaced the project would meet several requirements leading to compensation. Basis of Valuation The valuation of the affected business as well as damage of business structure, was based on the approach used during the initial RAP preparation for similar businesses. This ARAP provides for cash compensation equivalent to the construction days interrupting business which was estimated at 5days. Reinstatement of the affected structures is to be done by the contractor The valuation and consequent compensation shall be composed of the following: • Additional 15% of compensation for disturbance. • Support to the vulnerable, who in this ARAP is a PLWD (deaf) - aide provision, 10% of the compensation value Community participation and consultation Consultation and public participation have been a continuous process in the preparation of this ARAP. Invitation for cconsultations were done through the local administration and the local village elders. Public consultative meetings were held for the two areas, Utange meeting was held on 19 th November, 2024 and Serena Beach Road meeting was held on 20th November, 2024. Minutes for the consultation meetings are attached in Appendix 3 of this Report. The main issues raised were on how soon the compensation would be made and how the inconveniences during construction would be addressed. These were responded to in the general explanation on the construction details of the works in that the mitigation measures provided in the ESIA and ESMP of the project are adequate and that compensation would not be done immediately after the meeting as anticipated. Eligibility Criteria The PAPs eligibility for compensation was arrived at in that the PAPs were to lose income while doing business within the construction corridor which is within the road reserve. The works have the potential of resulting to risks associated with damage of business structure and disturbance of business leading to loss of livelihood earnings. All the PAPs, irrespective of their legal status, have been identified and are eligible for some form of compensation as they operated a livelihood activity within areas earmarked for project implementation by the ‘cut-off date’ which was agreed as 20th November 2024. . The main ARAP resettlement strategy will be adequate and prompt monetary compensation including a disturbance allowance, and specialised assistance to vulnerable PAP. Grievance Redress During the ARAP process, it is inevitable that complaints will arise among the affected people over contentious issues. Therefore, timely and appropriate redress is important to ensure satisfactory resettlement and completion of the project as scheduled. Grievance redress committees were formed for both Utange area and Serena Beach Rd during the respective public consultation meetings. The representation is as follows: Utange area  Mr. Peter Nyagaka Manyatta [ID No 9549102: 0729585232] - Chairman  Ms. Kadzo Aziza Omar [ ID No 30046820; 0700548464]  Mr. Ramadhan Chengo [ ID No 36598469: 0740022166] - Youth Serena Beach Rd  Mr. Richard Katito Kahindi [ID No 26553464: 0712844623 / 0106122419] - Chairman Page 6 of 24  Ms. Jane Muthoni [ID No 23517417: 0727035467]  Mr.Sifa Mazia Mtanje [ID No 40819039 : 0798257513] - Youth ARAP Budget This ARAP provides a total budget of Kshs 2,741,953 (Two Million Seven hundred and FortyOne thousand Nine hundred and Fifty-Three Shillings). The cost includes valuation of the livelihood sources for the PAPs Implementation schedule The implementation schedule covering the activities to be undertaken is outlined in the Table 2 below. The schedule includes the target months when each activity is set to be implemented and the institution responsible the activity. Table 2- Implementation schedule. Implementation Month Month Month period 1 2 3 Acitvity PAP census Census survey asset inventory and valuation ARAP report Prepare ARAP report and submission to for approval Compensation CWWDA Notice to vacate (one CWWDA/ PAPs month notice) Project implementation CWWDA/Contractor Page 7 of 24 APPENDIX 1 – MOWASSCO LETTER Page 8 of 24 Page 9 of 24 APPENDIX 2 – MOWSI LETTER Page 10 of 24 Page 11 of 24 APPENDIX 3 – MINUTES OF STAKEHOLDERS MEETINGS Page 12 of 24 MINUTES OF STAKEHOLDER’S MEETING – PAPs FROM UTANGE AREA HELD AT THE CHIEF’S OFFICE IN SHANZU, ON 19TH NOVEMBER, 2024 MINUTES FOR PAPS STAEKHOLDERS MEETING FOR EXTENSION OF LINE NM01 TO SERENA BEACH ROAD Date Held: 19/11/2024 Place: SHANZU AREA CHIEF’S OFFICE Present 1. Government of Kenya – Ward Administration – Area Chief 2. Government of Kenya – Ward Administration – Village Elders 3. CWWDA – Safeguards Expert 4. INGEROP – Engineer – taking Minutes 5. PAPs Detailed list of attendants is attached herein after. ACTION ITEM MINUTES BY INTRODUCTIONS 1. There was introduction by the Area Chief explaining to members the agenda of the meeting Info being sensitization and stakeholders’ engagement before the RAP is implemented. The meeting aimed at engaging PAPs, Local Administrators, Village Elders, CWWDA, Consultant and the Contractor representatives, who were all present 1.1 All The agenda was agreed and adopted. DELIBERATIONS 2. 2 Area Chief explained to members that this was public participation meeting , informing PAPs Info of the details of the Project, effects of the Project on the livelihood and the compensation that 2.1 will be done by CWWDA. Some members had expected that payments for wayleave were going to be done after the meeting. 2.2 Members were clearly informed that payment will only be done to the rightful owners of the PAPs/ businesses, whose businesses will be affected by the construction activities. It was clarified that a business owner is the right beneficiary and not the landlord, unless the PAP is both CWWDA business owner and landlord. Damage to any property will be reinstated by the contractor and in-case of any compensation it will go to the owner of the property and not the tenant. 2.3 Members inquired more about the extent of inconveniences during construction period. The All Engineer explained to PAPs in details more about the works, how the construction will be done and specifically the likelihood of how the disturbance will be caused in their respective businesses. Page 13 of 24 2.4 Members were further explained that after construction of the pipeline, the excavated sections TODDY will be reinstated to its original status or better, and this responsibility lies to the Contractor, supervised by the Consultant. 2.5 For accountability, members were informed by CWWDA that payment will be made by cheque PAPs/ and not cash. All PAPs were requested to ensure that they have active Bank Accounts to receive the compensation. Most PAPs confirmed to be having Bank accounts while those CWWDA who did not have, committed to open the Bank Accounts 2.6 CWWDA read out the names to confirm details of enumerated PAPs. All the PAPs presented Info confirmed attendance by raising their hands. Details of more PAPs was taken after they had not been enumerated during the previous exercise. Some details were edited to pick correct names as in the ID, Contacts, and details of their businesses. It was also explained to the PAPs that a cut off date was a requirement in this exercise. After deliberations it was agreed that the cut- off date for the enumeration would be 20th November 2024. 2.7 One of the PAP was deaf. All that was discussed was translated to him through a translator who was in attendance. CWWDA responded to more questions from the PAP until he got satisfied with the responses. Info 2.8 PAPs/ Members were informed of Grievance Redress Committee (GRC). Three members were selected from the PAPs to be members of the GRC, namely Peter Manyatta, Ramadhan CWWDA Chengo and Kadzo Omar. Approval/ Confirmation of Minutes ……………………………………………………………………………………………………… Name, Signature and Date (Employer’s Representative): CWWDA ………………………………………………………………………………………………………… Name, Signature and Date (Resident Engineer): INGEROP ………………………………………………………………………………………………………… Name, Signature and Date (Site Agent): TODDY Page 14 of 24 ATTENDANCE LIST FOR STAKEHOLDERS’ MEETING HELD ON 19th NOVEMBER, 2024 Page 15 of 24 Page 16 of 24 MINUTES OF STAKEHOLDER’S MEETING – PAPs FROM SERENA BEACH ROAD HELD AT THE CHIEF’S OFFICE IN SHANZU, ON 20TH NOVEMBER, 2024 MINUTES FOR PAPS STAEKHOLDERS MEETING FOR EXTENSION OF LINE NM01 TO SERENA BEACH ROAD Date Held: 20/11/2024 Place: SHANZU AREA CHIEF’S OFFICE Present 6. Government of Kenya – Ward Administration – Area Chief 7. Government of Kenya – Ward Administration – Village Elders 8. CWWDA – Safeguards Expert 9. INGEROP – Engineer – taking Minutes 10. PAPs Detailed list of attendants is attached herein after. ACTION ITEM MINUTES BY INTRODUCTIONS 3. There was introduction by the Area Chief who explained to members the agenda of the Info meeting being sensitization and stakeholders’ engagement before the RAP is implemented. The meeting aimed at engaging PAPs, Local Administrators, Village Elders, CWWDA, Consultant and the Contractor representatives, who were all present 1.1 All The agenda was agreed and adopted. DELIBERATIONS 4. 2 Area Chief explained to members that this was public participations and informing PAPs of Info the details of the Projects, effects of the Project on the livelihood and the compensation that 2.1 will be done by CWWDA. 2.2 Members were clearly informed that payment will only be done to the rightful owners of the PAPs/ businesses, whose businesses will be affected by the construction activities. It was clarified that a business owner is the right beneficiary and not the landlord, unless the PAP is both CWWDA business owner and landlord. Damage to any property will be reinstated by the contractor and in-case of any compensation it will go to the owner of the property and not the tenant. 2.3 Members inquired more about the extent of inconveniences during construction period. The All Engineer explained to PAPs in details more about the works, how the construction will be done and specifically the likelihood of how the disturbance will be caused in the businesses. 2.4 Members were further explained that after construction of the pipeline, the excavated sections TODDY will be reinstated to its original status or better, whose responsibility lies to the Contractor, supervised by the Consultant. 2.5 Members were informed by CWWDA that payment will be made by cheque and not cash. PAPs/ The PAPs were requested to ensure that they have active Bank Accounts to receive the Page 17 of 24 compensation. All PAPs confirmed to be having Bank accounts,that they use to transact their CWWDA businesses. 2.6 CWWDA read out the names to confirm details of enumerated PAPs. All the PAPs presented Info confirmed attendance by raising their hands. Details of more PAPs was taken after they had not been enumerated during the previous exercise. It was also explained to the PAPs that a cut off date was a requirement in this exercise. After deliberations it was agreed that the cut- off date for the enumeration would be 20th November 2024.. 2.7 PAPs/ Members were informed of Grievance Redress Committee (GRC). Three members were selected from the PAPs to be members of the GRC who were, Sifa Mazia, Jane Muthoni and CWWDA Richard Kahindi Approval/ Confirmation of Minutes ……………………………………………………………………………………………………… Name, Signature and Date (Employer’s Representative): CWWDA ………………………………………………………………………………………………………… Name, Signature and Date (Resident Engineer): INGEROP ………………………………………………………………………………………………………… Name, Signature and Date (Site Agent): TODDY Page 18 of 24 ATTENDANCE LIST FOR STAKEHOLDERS’ MEETING HELD ON 20th NOVEMBER, 2024 Page 19 of 24 Page 20 of 24 Page 21 of 24 Page 22 of 24 Photo Gallery for PAPs’ Stakeholder Meetings Briefing of PAPS by CWWDA in attendance about the Shanzu Area Chief – Athman Fondo addressing PAPs Project and the effects it would have on their livelihoods. in attendance during the meeting A PAP engaging CWWDA giving views on during the A PAP engaging CWWDA giving views on during the stakeholders meeting. stakeholders meeting Briefing of PAPS by CWWDA in attendance about the Area Chief and CWWDA reacting to comments raised Project and the effects it would have on their by PAPS during the stakeholders meeting livelihoods. Page 23 of 24 CWWDA reacting to comments raised by PAPS during Area Chief and CWWDA reacting to comments raised the stakeholders meeting by PAPS during the stakeholders meeting Area Chief and CWWDA reacting to comments raised Area Chief and CWWDA reacting to comments raised by PAPS during the stakeholders meeting by PAPS during the stakeholders meeting One on one engagement with the deaf (PAP) being explained by CWWDA more about the Project through a translator. Page 24 of 24