Republic of Kenya

RP190 v4 REPUBLIC OF KENYA

Public Disclosure Authorized

MINISTRY OF ROADS, PUBLIC WORKS AND HOUSING

Public Disclosure Authorized

NORTHERN CORRIDOR TRANSPORT IMPROVEMENT PROJECT

THE STUDY ON SOCIO-ECONOMIC ENHANCEMENT AND PROVISION OF ROADSIDE AMENITIES, RESETTLEMENT ACTION PLANS AND RESETTLEMENT POLICY FRAMEWORK

Public Disclosure Authorized

LANET – NAKURU – TIMBOROA ROAD

FINAL RESETTLEMENT ACTION PLAN

MARCH 2004

Public Disclosure Authorized

CHIEF ENGINEER (ROADS) THE PERMANENT SECRETARY, MINISTRY OF ROADS, PUBLIC WORKS MINISTRY OF ROADS, PUBLIC WORKS AND HOUSING AND HOUSING P.O. BOX 30260 P.O. BOX 30260, NAIROBI – 00100 NAIROBI - 00100

NORTHERN CORRIDOR TRANSPORT IMPROVEMENT PROJECT FINAL RESETTLEMENT ACTION PLAN LANET – NAKURU-TIMBOROA

CONTENTS

Chapter Description Page

1 EXECUTIVE SUMMARY 1

1.1 Objectives 1

1.2 The Project Location and Affected Sites 1

1.3 Legal and Institutional Framework 1

1.4 Socio-economic Baseline information 2

1.5 Project Impacts 2

1.6 Mitigation Measures 2 1.6.1 Cash for Compensation 2

1.7 Compensation System 2

1.8 Implementation Arrangements 3

1.9 Resettlement Budget 3

2 INTRODUCTION 5

2.1 The objectives of Resettlement Action Plan 5

2.2 The Project Location and Affected Site 5

2.3 Legal and Institutional Framework 5

2.4 The Constitution of Kenya 6 2.4.1 Expropriation of Land in Kenya 6 2.4.2 Expropriation of land for urban development in Kenya 6

2.5 Procedures under Chapter 295 of the “Land Acquisition Act” 6

2.6 Procedures under Chapter 288 of the “Land Acquisition Act 7

2.7 The Physical Planning Act (1996) 7

2.8 Actors involved in the road sector 7

2.9 District Land Board 8

3 SOCIO-ECONOMIC BASELINE INFORMATION 9

3.1 Project Affected People Survey 9 3.1.1 Level of Education 9 3.1.2 Occupation 10

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3.1.3 Income Levels 10 3.1.4 Source of Income dependent on the Land 10 3.1.5 Sources of Income outside the affected area 10 3.1.6 Land tenure 10 3.1.7 Acreage of land owned elsewhere 10 3.1.8 Type and nature of affected Structure 10 3.1.9 Rate of how property is affected 11 3.1.10 Types of Losses 11 3.1.11 Preferred mode of Compensation 11

3.2 Public services and infrastructure 11 3.2.1 Source of Water 11 3.2.2 Sources of Energy 11 3.2.3 Distances form social infrastructure 11

4 PROJECTS IMPACTS 13

4.1 Types of Impacts 13 4.1.1 Expected impacts of road works 13 4.1.2 Expected benefits of improved road 13 4.1.3 Proposed roadside amenities 13 4.1.4 Expected Benefits of Roadside amenities 14

4.2 Mitigation Measures 14 4.2.1 Cash for Compensation 14

5 COMMUNITY PARTICIPATION AND CONSULTATION 15

5.1 Stakeholder analysis 15

5.2 Community Participation 15 5.2.1 Community Based Organizations 16

5.3 Involvement of Local Government 16

6 COMPENSATION SYSTEM 17

7 ROADSIDE AMENITIES AND SOCIO ENHANCEMENT FACILITIES AND SERVICES 18

7.1 Purpose of Roadside Amenities 18

7.2 Proposed types of Roadside Amenities 18

7.3 Socio Enhancement Facilities 20

7.4 Proposed Roadside Amenities 22 7.4.1 Salgaa and Mau Summit Sites 22

8 RESETTLEMENT BUDGET 25

8.1 Land 25

8.2 Structures and Assets 25

8.3 Loss of perennial and annual crops 26

8.4 Income generating activities 26

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8.5 Vulnerable groups 26

8.6 Replacement cost for other assets 27 8.6.1 Basic amenities: 27 8.6.2 For cash crops 27 8.6.3 Other assets 27

8.7 Resettlement costs 28

8.8 Conflict Resolution and Grievances 29

8.9 Grievance procedure 29

8.10 Financing Mechanisms 29

9 IMPLEMENTATION OF RESETTLEMENT/COMPENSATION 31

10 IMPLEMENTATION OF RESETTLEMENT/COMPENSATION 32

10.1 Indicators for Monitoring 32 10.1.1 Performance Indicators 33

11 TIME SCHEDULE AND SUMMARY OF ACTIVITIES 35

12 MONITORING PROGRAM 36

13 SIGNAGE FOR ROADSIDE STATION 37

APPENDICES

APPENDIX A - PROPOSED ROADSIDE AMENITIES

APPENDIX B - GPS MAPPING OF AFFECTED PROPERTY

APPENDIX C - SIGNAGE FOR ROADSIDE STATION

Final Resettlement Action Plan – Lanet - Timboroa iii March 2004

1 EXECUTIVE SUMMARY

1.1 Objectives

The objectives of the Resettlement Action Plan are:

a) To raise the awareness of the project and its consequences among the public in general and those who will be directly affected by it in particular

b) To estimate the costs necessary for resettlement/land acquisition

c) To prepare a Resettlement Action Plan (RAP) that sets out strategies and schedules to mitigate adverse effects. The RAP sets the parameters and establishes entitlements for project affected people (PAP), the institutional framework, mechanisms for consultation and grievance resolution, the time schedule and budget, and proposed monitoring and evaluation system. The agreed entitlement package includes both compensation and measures to restore the economic and social base of those affected. It addresses the requirements of the Government of Kenya (GoK) and the World Bank for land acquisition and resettlement.

d) To design roadside amenities along the Northern Corridor (Kenyan) to serve the needs of both the travellers and those living along the roads.

1.2 The Project Location and Affected Sites

The improvement of this corridor will involve funding of works namely reconstruction, and upgrading of the road segment between: Lanet – Nakuru – Timboroa. The affected sites are mainly the built up areas of Lanet, Nakuru, Salgaa, Mukinyai and Mau Summit where human settlements have encroached on the road reserve and Lanet area where the proposed realignment and Dualling of the road eats into private land.

1.3 Legal and Institutional Framework

The RAP has been prepared in accordance with laws, regulations and guidelines for Resettlement/Land Acquisition Policy Framework of the Government of Kenya and World Bank Operational Policy (O.P) 4.3

The relevant national and local laws, regulations and guidelines are the following:

(a) The Constitution of Kenya Section 70 (b) The Land Acquisition Act Chapter 295 (c) Physical Planning Act 1996 Cap 386 (d) Physical Planners Registration Act 1996 (f) The Co-operative Act

Final Resettlement Action Plan – Lanet - Timboroa 1 March 2004

1.4 Socio-economic Baseline information

Project Affected Persons (PAPs) are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive land resources such as forests, range land, fishing areas, or important cultural sites, commercial properties, tenancy income earning opportunities, social and cultural networks and activities. A survey of individual plots has been carried out to establish the number of households affected, the area and the sizes of those plots taken by the project. Information available includes:

• Names of affected families. • An assessment of encroachment on to the road reserve; • Information on the full resource base of the affected population; • Extent to which groups will experience total or partial loss of assets • Public infrastructure and social services which will be affected; • Component compensation costs;

The summary of this information can be found in full in section 7.0 and details can be found in the attachments to this RAP.

1.5 Project Impacts

Impacts identified on the northern corridor include:

• Loss of buildings and income • Loss of land • Loss of public utility.

1.6 Mitigation Measures

1.6.1 Cash for Compensation

In order to arrive at a mitigation plan, the PAPs have been involved in the decision-making process whereby they are informed about their options and rights pertaining to resettlement namely:

• Land for land compensation • House for House compensation • Building materials provided as form of compensation • Cash for compensation • A combination of any of the above.

1.7 Compensation System

Compensation system is based upon the GoK laws, regulations/procedures and guidelines relating to land, structures and assets, crops and trees, income generating activities, and

Final Resettlement Action Plan – Lanet - Timboroa 2 March 2004 conflict resolution and grievances. Besides it has taken into account guidelines from the World Bank’s operational Policy on involuntary resettlement. Resettlement packages along the corridor are based on the following categories of impacts identified:

• Loss of buildings and income • Loss of land • Loss of public utility.

1.8 Implementation Arrangements

The Roads Department is the overall supervisor of the resettlement process. The supervising consultant will conduct field monitoring of the resettlement process. Arrangements have been put in place, whereby the contractor is responsible for disbursement of funds to the PAPs at established centers along the corridor. The RAP (Resettlement Action Plan Committee) composed of 7 members namely: one representative each from Nakuru Municipality and Nakuru County Council, one representative from DO or Chief; one PAPs representative, one representative from a local Community Based Organization (CBO) where applicable, and one representative from the Roads Department. The arrangement, it is hoped, will give the PAPs enough time to relocate. Time scale for the resettlement process is estimated to take one year at most. This takes into account important variables such as resolution of conflicts and grievances, cash flow, monitoring and evaluation of the resettlement process. The time schedule is presented in the table below.

Schedule in years from commencement Activities 2004 Quarterly 2005 Quarterly Schedule Schedule 1 2 3 4 5 6 7 8

Organization and start-up

Set up RAPC verification and compensation committee Set up district payment centers Deposit of lists of PAPs in the district and verification Compensation of PAPs GoK/Department of Roads disbursement of funds to the contractor Issue of notice of eviction to PAPs accompanied by payment Resolution of conflicts and grievances Relocation of PAPs Monitoring Progress quarterly field reports to the Roads Department

1.9 Resettlement Budget

The component costs of compensation have been computed and include the following:

• Compensation of land

Final Resettlement Action Plan – Lanet - Timboroa 3 March 2004 • Compensation for crops • Compensation for assets • 15% disturbance allowance

Summary resettlement costs are presented in the table below and details can be found in Section 8 in the main text and in the attachments to this RAP

In summary:

Item description Cost 15% Totals Payment to PAPs 11,489,000 1,723,350 13,212,350 10% contingency Allowance 1,148,900 172,335 1,321,235 Sub Total 12,637,900 1,895,685 14,533,585 15% Administration 1,895,685 284,353 2,180,038 Grand Total 14,533,585 2,180,038 16,713,623

Roadside Amenities

Item Description Cost (Kshs)

Lorry park at Salgaa, Mau Summit 10,000,000.00

Local Markets at (Salgaa, Mukinyai, Mau Summit and Timboroa Each at Kshs 2m) 8,000,000.00

Roadside Stations including serving car park, Incident Management + Information Center (Near Salgaa, Mau Summit/Total and at Hill-T Market near end of Project at Timboroa) 21, 000,000.00

GRAND TOTAL 39,000,000.00

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2 INTRODUCTION

2.1 The objectives of Resettlement Action Plan

a) To raise the awareness of the project and its consequences among the public in general and those who will be directly affected by it in particular

b) To estimate the costs necessary for resettlement/land acquisition

c) To prepare a Resettlement action Plan (RAP) that sets out strategies and schedules to mitigate adverse effects. The RAP sets out parameters and establishes entitlements for project affected people (PAP), the institutional framework, mechanisms for consultation and grievance resolution, the time schedule and budget, and propose a monitoring system. The agreed entitlement package includes both compensation and measures to restore the economic and social base of those affected. It addresses the requirements of the Government of Kenya (GoK) and the World Bank for land acquisition and resettlement.

d) Wherever possible, relocation needs have been reduced or avoided altogether by sensitive design of engineering works. Where relocation is unavoidable, those relocated have their living standards improved or at least restored to the level prior to the resettlement. Individual preferences for the mode of compensation has been given priority where it has been found to be the most logical way of relocation.

e) To design roadside amenities along the Northern Corridor (Kenyan) to serve the needs of both the travellers and those living along the roads.

2.2 The Project Location and Affected Site

The improvement of Lanet – Nakuru - Timboroa of the Northern Corridor, involves funding of works namely reconstruction, and upgrading of this segment totaling 29 kms. The main road would require major investment in order to raise pavement standards to meet present traffic loadings and certain segments would require appropriate rehabilitation.

The sites with Project Affected People are mainly the built up areas of Lanet, Nakuru, Salgaa, Mukinyai and Mau Summit (Map 1) where human settlements have encroached on the road reserve and Lanet area where the proposed realignment and Dualling of the road eats into private land. The road reserve is approximately 60 meters throughout the project stretch with exceptions in Nakuru Town where the reserve reduces to 40 Meters in certain areas.

2.3 Legal and Institutional Framework

The RAP has been prepared in accordance with laws, regulations and guidelines fro Resettlement/Land Acquisition Policy Framework of the Government of Kenya. The relevant national and local laws, regulations and guidelines are as follows:

(a) The Constitution of Kenya Section 70 (b) The Land Acquisition Act Chapter 295 (c) Physical Planning Act 1996 Cap 386 (d) Physical Planners registration Act 1996 (e) The Co-operative Act

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2.4 The Constitution of Kenya

Section 70 of the Constitution of Kenya recognizes and protects the right to private property including land. However Expropriation of land is supported by the doctrine of eminent domain. In Kenya, the right is entrenched in the constitution under Section 75(1) i.), Which provides that the Government can take possession of private land if this is necessary in the interest of town planning among other public interests, or if the development and utilization of the said land is to promote public benefit.

2.4.1 Expropriation of Land in Kenya

Section 75 allows for the expropriation of private property on condition that (i) The development and utilization of the property will promote public benefit among other things. (ii) The necessity for expropriation is great enough to justify any hardship caused to any persons (iii) Law for prompt payment of full compensation makes the provision

2.4.2 Expropriation of land for urban development in Kenya

Expropriation in this context refers to the taking away of private land and landed property for public purposes by the government with or without the owners consent subject to the law of eminent domain, which stipulates prompt and adequate compensation among other things. In Kenya “setting apart” for unregistered Trust Land and “Compulsory acquisition” for all registered private lands are the terms commonly used.

Expropriation of land is a very important aspect in urban land management in that it is the instrument by which land is availed for various urban needs e.g. housing, industrial, infrastructure purposes or town planning. In Kenya expropriation is provided for in the constitution under section 75 for private land and sections 117 and 118 for unregistered Trust Land. But the Constitution only gives general guidelines. The detailed procedures for acquisition are elaborated under the “Land acquisition Act” in Chapter 295 for private land and chapter 288 for unregistered Trust Lands. “Trust Land” refers to that land that is still held under African customary tenure. The title to this land is said to vest in the County Council in trust for its inhabitants, hence the term “Trust”

2.5 Procedures under Chapter 295 of the “Land Acquisition Act”

Procedures for expropriation of land under Cap.29 of the Land Acquisition Act stipulates that a formal request be submitted to the” Commissioner of Lands” by the benefiting authority, e.g. a Municipal Council in case of urban areas. Any other public body or Government may request for acquisition this way. The Commissioner will then forward the application to the Minister in charge of lands. If the Minister is convinced that the land is required for public purpose, he writes to the Commissioner to that effect, and directs him to acquire the land (Section 6(1)). The Commissioner will then give “Notice of Intention” to acquire the land (section 6(2)) in the “Kenya Gazette” side by side with the “Notice of Inquiry”.

The “Notice of Intention” must mention the public body or the public purpose for which the land is to be acquired. The “Notice of Inquiry” mentions places and fixed dates when persons interested in the subject land are to submit their claims to the Commissioner of Lands or his appointee (a “Valuation Officer” also known as “Collector of compensation”) according to Section 9. Meanwhile the Collector of Compensation is supposed to inspect the said land and value it for compensation. After the inquiry the Collector will issue and award depending on

Final Resettlement Action Plan – Lanet - Timboroa 6 March 2004 his own assessment and the representations of interested parties as submitted at the inquiry (Section 10 and 11).

The award is issued in a prescribed form, together with a statement form. The former indicates the amount of compensation awarded while the latter gives the landowners option of acceptance or rejection of the award. If the landowner accepts the award, the collector will issue a cheque in settlement together with a formal “Notice of Taking Possession and Vesting” (section 19). The notice instructs the landowner to take his title for amendment or cancellation. It is copied to the Government surveyor and the land registrar to make necessary changes to the affected deed. On the other hand if the owner rejects the award, the collector deposits the money in court pending the former’s appeal. Compensation is based on open market value.

2.6 Procedures under Chapter 288 of the “Land Acquisition Act

Setting apart carried out at the instance of the state will involve the following procedure. The President will write to the local authority in charge of the said Trust Land informing the Council that the land is required for public purpose of a public body. The Council is supposed to deliberate the matter in a full council meeting and give consent. The “District Commissioner” in charge of the affected area will then proceed to ascertain interests, determine areas and assess compensation for the land after which he is to issue an award. In case of acquisition at the instance of the County Council itself, the whole process is repeated except that this time the President is not involved in giving directions. It starts with a full council meeting.

Compensation may take two forms. One form is cash compensation and the second is land for land compensation. Money for land compensation is the more popular practice. Land for land compensation has not been given the priority it requires based on Section 12, owing to the fear that the practice will create precedence and become entrenched even in situations of compulsory acquisition. In cases where land to be awarded as compensation is not available, the Government will be held responsible for relocation.

2.7 The Physical Planning Act (1996)

This Act provides for the preparation of land use plans in urban areas for all parts of the country, except for areas exempted by the Minister from time to time. A Resettlement Action Plan for the PAPs falls under Local Physical Development Plans in Section 24(1) – 24(5) generally, and as elaborated under Action Plan in particular.

2.8 Actors involved in the road sector

The project is under the administrative authority of the Ministry of Finance. Policy and strategic decisions about the subprojects are however made by a consultative body, constituted of:

Ministry of Finance Ministry of Lands and Settlement (Physical Planning Department) Ministry of Roads, Public Works and Housing Ministry of Local Governments.

The Local Authorities involved are

Nakuru Municipality Nakuru County Council

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Community Based Organizations

These Institutions make decisions about the policy direction of the project and subprojects. The execution of the project is delegated to the project coordination office constituted by sector specialties such as the Roads Department of the Ministry of Roads, Public Works and Housing and Department of Physical Planning Ministry of Lands and Settlement and supported by a technical advisory body made up of the experts such as Chief Engineer Roads, Director of Surveying and the Chief Valuer. The members of the advisory body are composed of directors of relevant ministries. Project operations regarding resettlement/ rehabilitation will be coordinated and monitored by the coordination office. Mavoko Municipality will greatly facilitate this process.

The Ministry of Lands delegates the management of land in the districts to the District Land Boards and Land Committees, while the Commissioner of Lands manages land belonging to the Government of Kenya.

2.9 District Land Board

• Keep and allocate land which is not owned by anyone in the district • Assist in recording, registering and transferring of rights or claims on land • Make and keep up to date a list of compensation rates for the loss or damage to crops, houses and other property. • Revisit the lost of rates of compensation on every year.

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3 SOCIO-ECONOMIC BASELINE INFORMATION

Project Affected Persons (PAPs) are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive land, resources such as forests, range land, fishing areas, or important cultural sites, commercial properties, tenancy, income earning opportunities, social and cultural networks and activities. A PAP census was done through a social economic survey to identify in a comprehensive manner the magnitude of displacement of the PAPs (a census of individual plots was carried out to establish the number of households affected, area and sizes of those plots) as well as enumerate the PAPs assets.

The objectives of the socio-economic survey were:

• To attach values to key indicators of the PAPs social and economic status and their vulnerability to social and economic change as a result to the project.

• To provide a benchmark for any further information needed to monitor and evaluate the PAPs in the future.

• To permit the creation of a tailor made RAP for the PAPs

Information collected through;

(iv) Household and PAPs questionnaires, used to collect and record the socio-economic data (v) Photographs taken to capture the PAPs and their local surroundings and record the existing conditions, (vi) Maps used to locate and relate the settled sites with the physical and human environments of the adjacent areas (vii) Informal consultation was held with the PAPs and their opinion leaders before and during questionnaire administration.

The information collected provides the following information:

3.1 Project Affected People Survey

A total of 196 PAPs households were interviewed of which 72.3% and 27.7% were male and female headed respectively. Over 93.6% of the PAP households are below 55 years hence economically active with those below 40 years accounting for 73.7% of the interviewed PAPs. This shows that there is a higher likelihood of interrupting active productive systems in the project area, hence the need for a restoration mechanism. Mean household size is 4.232. Over 87.5% of goods produced in this corridor section are for commercial purpose of which 88.5% are sold in Roadside Markets.

3.1.1 Level of Education

PAPs without any formal education accounted for over 3.1% while those with primary education accounted for 38.5%, hence a majority of over 41.6% of the PAPs have Primary education and below. PAPs with Secondary education accounted for 49.1% of the

Final Resettlement Action Plan – Lanet - Timboroa 9 March 2004

respondents while the remaining 9.3% were educated to College level and above. This analysis indicates that there is a higher likelihood of high poverty and vulnerability in this road section considering that the lower the levels of education, the higher the likelihood of the population being low-income earners.

3.1.2 Occupation

The survey revealed that about 2.3% of the PAPs are casual laborers, a majority of over 90.2% are self employed in micro enterprises which range from hawking, selling vegetables on the roadside and fruit vendors, kiosk owners and sale of foodstuffs. Large-scale businesses ranged from operation of Petroleum gas products, Restaurants and shops. Basically, the majority of the population are involved in poor earning activities.

3.1.3 Income Levels

The lowest income earning PAPs receives Kshs. 400 a month while the highest income earner receives Kshs. 200,000 thus displaying great disparities between those who have and the have-nots. PAPs earning less than a dollar a day were 7.3%, while approximately 40.7% of those interviewed earned less than Kshs. 8000 a month and over 50% earned less than Kshs. 10,000.a month. Considering the competing household needs vis a vis the tabulated income levels, the majority of the PAPs could be termed as being very poor hence the need to consider cushioning mechanisms to avoid destabilizing such households further.

3.1.4 Source of Income dependent on the Land

The PAPs largely use the road reserve for business premise location (93.4%), rental housing (4.1%), Salary and wages (1.7) and farming (0.8.9%). The project is therefore going to greatly affect a lot of micro enterprises, which use the road reserve as business location sites. The mitigation measures are therefore necessary to ensure that economic activities are protected.

3.1.5 Sources of Income outside the affected area

It was necessary to establish PAPs sources of income which are outside the affected project area so as to understand possible fall back plans which the project could use to reinforce PAPs stability recovery during resettlement. About 50% of Paps receive rental income and 50% run businesses such as shops outside the project-affected area.

3.1.6 Land tenure

The survey established that over 72.5% are squatters on the road reserve, 18.4% have leasehold titles and the rest of 9.2% are holders of Freehold titles.

Although only customary and leasehold tenure are legally defined under the Land Act, the context of common law also recognizes the status of ‘licensee’. Licensees are persons granted authority to use land within a season for agricultural production. Traditionally, such production would be limited to annual crops.

3.1.7 Acreage of land owned elsewhere

Just like the sources of income outside the affected area, it was equally important to establish sources of land owned elsewhere by PAPs so as to establish the level of vulnerability with respect to land ownership. The PAPs own land elsewhere in varied acreages ranging from 0.12ares to 152 acres. Over 71.4% of the PAPs are using such land for farming while about 26.2% use their land for settlement and residence. The implication is that there is a fall back plan for substantial number of PAPS in terms of land required for resettlement.

3.1.8 Type and nature of affected Structure

Majority of 57.1% of the affected structures are temporary, 14.3% houses while 28.6% are permanent buildings mainly used for business operations. Over 53.2% of the above structures

Final Resettlement Action Plan – Lanet - Timboroa 10 March 2004

are kiosks, 14.9% shops and 27% houses. Analysis of characteristics of these structures reveal that over 46.1% have earth floors, 23.3% earth walls, 18.1%, 32.8% and 9.5% metal sheet, wooden and coral rag walls, 55.7% wooden doors, 38.6% wooden windows, 52.1% Galvanized Corrugated Iron (GCI) Sheets roof and 3.4% tile roofs. Overall, majority of the structures are temporary.

3.1.9 Rate of how property is affected

The survey shows that over 97.2% of properties will be wholly affected while 2.8% will be partially affected, but will be in unusable condition. Overall, the surveyed properties will require 100% compensation considering that those partially affected will have nearly no salvage value.

3.1.10 Types of Losses

Analysis of the types of losses incurred by PAPs shows that over 52.4% of the PAPS envisage to loose accessibility to customers and market for their merchandise. They considered the road reserve a prime location for their business. About 0.7% of the PAPs consider being removed from the road reserve as lost of business space, 42.9% source of income and livelihood, 1.4% expect to loose friends and community and another 11.6% expect to loose time while relocating.

3.1.11 Preferred mode of Compensation

The surveyed sought to find out preferred modes compensation as a way of developing popular and PAPs driven compensation mechanisms. A majority of over 90.3% of PAPs preferred cash compensation so that the seek relocation services in the market place and 8.9% preferred relocation. The choice of the mode of compensation to PAPs in this region will largely be influenced by the nature of tenure on land being used of which the majority of over 72.5% are squatters on the road reserve and most likely qualify for cash compensation for structures lost and disturbance allowance.

3.2 Public services and infrastructure

Social infrastructure services along the road include, schools, health units, churches/mosques and markets while other infrastructure services include water, and energy sources.

3.2.1 Source of Water

Over 58.4% of PAPs source their waters through water vendors, 0.7% through community water points, 31.5% taps in homes and the rest through a combination of rain, tap and water vendors. This could imply that a high percentage of PAPs water sources could be contaminated considering the non-secured sources by vendors.

3.2.2 Sources of Energy

The survey shows that over 79% of energy sources in this project section are environment dependent, firewood 5.6%, charcoal 27.4% and a combination of other sources with charcoal and firewood being over 50%. Over 10.5% use paraffin while the rest is shared out between other combinations. This combination tends to have a greater toll on the environment considering that it exhausts rent in Mother Nature.

3.2.3 Distances form social infrastructure

Over 7.4% and 79.1% of PAPs are approximately 1 km and 5 km away from the nearest health facility with an average distance of 4.5km, thus being within recommended distances form the same as stipulated in health infrastructure planning standards. About 71.9% of the

Final Resettlement Action Plan – Lanet - Timboroa 11 March 2004

PAPs are within 5 km radius of nearest social facility, 56.5% are 2 km away from nearest market and 63.2% are 2 km away from the nearest school. This shows that a majority of PAPs are within recommended distances from infrastructure and services, and that the road project should not make this situation worse.

Final Resettlement Action Plan – Lanet - Timboroa 12 March 2004

4 PROJECTS IMPACTS

The goal of the project is to improve social welfare and enhance living standards of the Kenyan people through an efficient road transport network. However, the Northern Corridor transverses through diverse land uses with different modes of production, which include: agriculture, urban areas, mining, and wildlife and tourism zones among others. Therefore, its improvement is expected to have a widespread positive impact on overall the socio-economic status and livelihoods of the road users, project-affected people (PAPs) as well as the economy.

4.1 Types of Impacts

As mentioned above, the long-term objective of the project is to enhance the livelihoods of the citizens of Kenya. However, project operations will also have adverse impacts, which will be mitigated apparel with project implementation. The main economic activities in the project area that will be affected include: current agricultural productivity, marketing of agricultural produce, food production, production of cash crops, informal sector non-farm and jua kali income generating activities, and the general level of employment (and unemployment). Other impacts on the northern corridor will be in terms of; loss of buildings and income, loss of land, loss of public utility

Components for which land acquisition and resettlement are required are:

General road improvement which will affect people who have businesses located along road reserves

People settled on areas which will be affected by construction works during the construction process

Agricultural activities on road reserves, which support livelihoods that will be displaced by particular by road works.

Cut off dates are essential in the process of drawing up lists to ensure that ineligible persons do not take the opportunity to claim eligibility. The cut –off- date for this project has been determined as January 21st 2004, making anyone who makes a claim for loss of land or any assets after this date to be ineligible for expropriation/compensation.

4.1.1 Expected impacts of road works

Over 92.3 of the PAPs think that roadwork will lead to their displacement from business location, customers and income and 7.7% severance from infrastructure.

4.1.2 Expected benefits of improved road

Over 50% of respondents think that the improved road will lead to lower accident levels, 20% think improved road will lead to greater market accessibility to both buyers and sellers. Similarly, over 10% noted that the improved road will lead to increased employment creation.

4.1.3 Proposed roadside amenities

The PAPs and households recorded a 16% approval for the development of a roadside market, 8% lorry parking facilities, 10% recreational areas, 22% travellers’ stopovers and over 20% a combination of the above two and other facilities.

Final Resettlement Action Plan – Lanet - Timboroa 13 March 2004

4.1.4 Expected Benefits of Roadside amenities

Over 47.4% noted that roadside amenities will improve market opportunities and market accessibility thereby increasing trade opportunities and 13.2% improved welfare and high standards of living a long the road, 5.3% reduced road accidents, reduced distances to health facilities, 10.5%. Overall, the community has high expectations of the proposed roadside amenities as part of their livelihood enhancement mechanism.

4.2 Mitigation Measures

4.2.1 Cash for Compensation

In order to arrive at a mitigation plan, the PAPs have been involved in the decision-making process whereby they have been informed about their options and rights pertaining to resettlement namely:

• House for House compensation • Building materials provided as form of compensation • Cash for compensation • A combination of any of the above.

Compensation in the Lanet – Nakuru - Timboroa section is mainly skewed towards cash compensation for structures (housing, businesses and farms), which will be affected considering that there is limited land being acquired for road works. The PAPs prefer cash compensation. The project-affected people are therefore mainly those who have encroached on the Road reserve. Cash compensation has been adopted as the mitigation measure at full replacement cost rates.

Final Resettlement Action Plan – Lanet - Timboroa 14 March 2004

5 COMMUNITY PARTICIPATION AND CONSULTATION

5.1 Stakeholder analysis

The process included the identification of the stakeholders who belong to one of three sets of actors below:

• Individuals directly affected by the project or their representatives as well as those who have an interest. • Those with local expertise about one or more of the project activities. • Those who have power to make decision that influence development (a) (b) The following categories of stakeholders have been involved in RAP

a) Project Affected Persons and their representatives b) Local leaders

• Resident District Commissioners’ office • Local Chiefs and Sub-chiefs • District Development Officer • District Physical Planning Officer • District Land officers • District Land Registrars • District Social development Officers • District Roads Engineers • District Works Officers • District Officer of Health • Women Income Generating Activities PAPs Self-Help Groups

5.2 Community Participation

Relocating or compensating people implies communication or dialogue with the stakeholders. The consultation and participation process included data collection, guiding of field staff in organizing PAPs for and facilitation services such as translation and rapport building with community during field study. Its envisaged that the stakeholders will be involved more during operation, and implementation of operation, monitoring and evaluation stages of the project.

Consultations have been held with stakeholders while ensuring sustainability of the process through the creation of a local capacity in village elders and local administration in Nakuru Municipality and Nakuru County Council to be utilized for increased mobilization at the grassroots. The stakeholders are encouraged to participate in all the process of resettlement. PAPs along the road were informed of the project at an early stage. They have participated in field consultations, inspections, surveys and valuation undertaken by the consultant on behalf of the Roads Department. In summary PAPs have participated in the following activities:

• Information dissemination at the beginning of the project through public meetings • Verification meetings • Field consultations, inspections and valuations • Distribution of resettlement information

During the implementation phase of the RAP, consultation will be among the PAPs and their opinion leaders. The Resettlement Action Plan Implementation Committee and the monitoring body. The Consultant may play some role in the future (in community consultation) because of their existing rapport with the PAPs and local leaders, experts

Final Resettlement Action Plan – Lanet - Timboroa 15 March 2004

(District Roads engineer, District Social Development Officer etc). The focus of future consultation will be to provide support for the PAPs during their preparations for relocation to the new site. Consultation meetings with the PAPs during their preparations for relocation to their areas of choice. Consultation meetings with the PAPs will make sure they understand and agree in principle with the compensation and assistance being allocated to them. During consultation process the PAPs will be paid their entitlements (compensation and assistance), and will be assisted to move to their chosen relocation areas in a timely manner. Consultation will be necessary to set up the linkages with outside agencies providing income generating or training programmes that are needed by PAPs. During the consultation phase the PAPs will receive help in setting up the Community Based Organizations such as PAPs Self-help Groups and the PAP Area forums. These should be formally registered with the District Social Development Officer.

5.2.1 Community Based Organizations

• Project Affected People’s Self-help group(s) (PAPs-SHG) Resettled PAPs will be encouraged to from a number of PAPs-SHG, that are organized around their economic activities or needs and/or skills. PAPs-SHG will be registered with the Ministry of Culture and Social Services and will be the entry point for any external assistance to the PAPs in areas such as training needs identification and implementation. The PAPs will begin by forming one PAPs-SHG for the small operators and another for metal and wood artisans. Membership to the PAPs-SHG will be based on the area of skill, economic activity or specialized social grouping that best fits the PAPs. The need to form PAP-SHG will be communicated in a Baraza during the payment of compensation and assistance. This CBO will need the longest period of monitoring and support.

• Project Affected Peoples Area Forum (PAPs-AF) Selected PAPs will form the Project Affected Peoples Area Forum (PAPs-AF), each representing a particular area. Respective PAPs will know their members of PAP-AF and they will confer their concerns and experiences regarding the resettlement process. This process will help in providing public education to other members of the community about the importance of safeguarding the road reserve so as to avoid wasteful investments.

Whenever there is grievance, the concerned household/ structure owner will communicate it to the PAPs-AF. PAP-AF members who will in turn communicate grievances (if they can’t handle it) to the RAPC.

5.3 Involvement of Local Government

District authorities manage most of the land at district level. These institutions are stakeholders in resettlement activities. Securing the support of Nakuru Municipality and Nakuru County Council and the Provincial administration was successful and its envisaged that retaining them as players in the implementation will also ensure the smooth and timely implementation of the RAP. Nakuru Municipality, the area DO, the area Chief, Assistant Chief and the Elders were largely involved and are committed to be of assistance in the remaining phases of the project.

Final Resettlement Action Plan – Lanet - Timboroa 16 March 2004

6 COMPENSATION SYSTEM

Compensation system is based upon the GoK laws, regulations/procedures and guidelines relating to land, structures and assets, crops and trees, income generating activities and conflict resolution and grievances. Besides it has taken into account guidelines from the World Bank’s operational Policy on involuntary resettlement. Resettlement packages for this are based on the following categories of impacts identified:

• Loss of buildings and income • Loss of land • Loss of public utility.

Final Resettlement Action Plan – Lanet - Timboroa 17 March 2004

7 ROADSIDE AMENITIES AND SOCIO ENHANCEMENT FACILITIES AND SERVICES

Northern corridor main Road Artery in Kenya, running from the Port of Mombasa (Mombasa City at the shores of Indian Ocean) through Nairobi City and Kisumu City (shores of Lake Victoria) to borders with Uganda and Tanzania. The Northern Corridor provides access for Landlocked/neighboring Countries in Eastern and Central Africa Region (Uganda, Rwanda, Southern Sudan, Eastern Congo, Ethiopia) to Port of Mombasa thus qualifies Kenya as a Transit Country

The Road improvement project covering Lanet – Nakuru – Mau Summit – Timboroa being sponsored by the World Bank is proposing the inclusion of Roadside Amenities and social Enhancement facilities as part of the road infrastructure project.

The study undertaken in the corridor showed that there are potentials for Roadside Stations in Kenya Currently there is no Policy for the development of Roadside amenities in Kenya. Isolated trials by the private sector even though lack integration and standardization have recorded high levels of demand hence considered s successful

7.1 Purpose of Roadside Amenities

Roadside amenities are established primarily to;

• Meet the needs of long distance traveller and are aimed at reducing fatigue related accidents • Increase community awareness of the adverse effects of driver fatigue • Encourage motorists to stop and rest between driving spells, • Spur social economic activities that benefit road users and local communities – providing a window of interaction between Community and travellers • Enhance the total travel experience. • Act as pivotal centers for socio-economic activities that will benefit not only the road users but also local communities.

7.2 Proposed types of Roadside Amenities

• Rest areas for travellers • Heavy vehicles/long distance vehicle parking/terminal facilities, • Pull-up areas, • Pedestrian walk paths, • Cyclist path, • Incident management centers, • Information centers • Security services enhancement facilities • Health facilities • Water facilities • Market areas • Sanitation amenities

Key Objective for the Provision of Roadside amenities and social enhancement facilities and services

Final Resettlement Action Plan – Lanet - Timboroa 18 March 2004

• To enhance the provision of amenities with gender sensitivities

Basic Principles for provision of Roadside amenities and social enhancement facilities and services

Provision of roadside amenities social enhancement facilities and services should benefit greater majority and enhance user diversity

Roadside amenities and social enhancement facilities and services should provide a window of greater beneficiary inclusiveness (men, women, boys, and girls) at least cost - users should include local community and transit traffic

User of services should be at the center stage of decision making and management of Roadside amenities and social enhancement facilities and services

Popular participation in infrastructure planning and management to strengthen local peoples ownership and responsibility

Involving users in local development activities to strengthen sustainability

Prevision of Roadside amenities and social enhancement facilities and services should support governments’ National, regional and local development policy/agenda

Promoting urbanization through enhanced service provision in Centers

Reducing poverty and creating wealth (target of reducing poverty by half by 2015)

Creating employment (target of 500,000 jobs per year)

Drive towards industrialization (target of achieving industrialization by 2020)

Final Resettlement Action Plan – Lanet - Timboroa 19 March 2004

7.3 Socio Enhancement Facilities

Problem Objective Proposal Uniqueness Expected Impact

1: Provision of Cyclist Lanes in Centres along the Corridor

Lanet – Njoro Turn Off Salgaa Mukinyai Mau Summit

Lack of Cyclist Lanes Provide Cyclist despite the High Lanes parallel to the number of cyclists road

High accident rates Improve road safety Improved road involving motorists situation for cyclists safety and cyclists

High cyclist fatality Urban centers are increasingly rates becoming major conflict areas between NMT and MTs Cyclists are Existing Motorways are narrow, Improved mobility vulnerable congested and does not efficiency for NMT provide for mobility needs of users NMTs There is a general increase in Increased NMT the level of NMT (especially usage cyclists) usage in urban and peri-urban areas

2. Improved Local Circulation Accesses at Centers along the corridor

Salgaa Mukinyai Mau Summit

Inadequate Local Improved local Centers along the corridor Improved traffic Circulation Accesses circulation accesses are increasingly becoming safety in Centers at Centers along the separating transit locations of population along the corridor corridor traffic from both agglomeration but with NMT MT traffic to poor public welfare improve traffic enhancement facilities safety in centers along the corridor High accident levels Improved public involving local center welfare facilities traffic and transit traffic leading to poor traffic safety in centers Poor facility conditions Enhanced image of where local circulation centers along the accesses exist in corridor centers along the corridor

Final Resettlement Action Plan – Lanet - Timboroa 20 March 2004

3. Improved water supply through sinking of Boreholes in Small Centers along the Corridor

Salgaa Mukinyai Mau Summit,

Poor living To improve Small Centers lack basic Improved service standards of standards of living in services despite the fact that accessibility levels in people living in small centers along they have greater impact on Centers along the small centers the corridor rural livelihoods in Kenya corridor along the (poverty levels in small centers Northern Corridor almost equal to rural poverty Poor water quality Small centers are major Improved standards in Centers along sources of services to rural of living in both the Northern areas in Kenya urban and rural Corridor areas along the corridor Incapacity of Small centers are major Promoting Local Authority to sources of services to rural urbanization along provide water areas in Kenya the corridor services to Small Centers along the Northern Corridor

4. Pedestrian/Cycle Track Facilities in Nakuru (Lanet - Njoro Turn Off)

1 Footbridge at Free Area, 1 Underpass at Mbaruk, 1 Underpass at Njoro Turn Off.

Expectd To Improve NMT The facilities are currently Improved NMT increased Safety lacking Safety insecurity for Non Motorised Mode of Transport users

Roadside amenities are established primarily to meet the needs of the long distance traveller and are aimed at reducing fatigue related accidents whilst enhancing the total travel experience. However, the roadside amenities are designed to act as centers for socio- economic activities that will benefit not only the road users but also local communities. It is therefore important to set in place and promote roadside amenities within the Northern Corridor Road Improvement Project so as to not only increase community awareness of the adverse effects of driver fatigue and encourage motorists to stop and rest between driving spells, but also to spur social economic activities that benefit road users and local communities. In principal, the amenities include rest areas for motorists, heavy vehicles, service centers, truck stop, heavy vehicle stopping place, point of interest, pull-up areas, pedestrian walk paths, cyclist path, incident management centers, etc.

Demand for such amenities has been established through conducting household surveys, focus group discussions with various community groups within the corridor. Motorists plying the corridor have also been interviewed so as to tap road user interests in the design for amenities.

Roadside facilities will be improved to conform to the required standards. Promotional information, advertisement and educational programs within these areas have been set up after assessing opinion of users and community groups. Sections of the road that need pedestrian and cyclist’s paths as well as safety and security measures along the market areas (iron barriers, safe parking lots, protective cement brick etc) have also been developed. This development of road signage has been done through the use of participatory methods such as focused group discussions with community groups, user groups, and community leaders among others.

Final Resettlement Action Plan – Lanet - Timboroa 21 March 2004

In all cases above the consultant has used participatory methods that are appropriate for collection of the above information and development of requested strategies as per the TOR. In which case, community meeting, public hearings, key informants, focus groups, use of mapping and ranking are invaluable.

7.4 Proposed Roadside Amenities

7.4.1 Salgaa and Mau Summit Sites

The Study proposes the development of Parking, Markets, Information, Incident management and Security facilities at Salgaa and Mau Summit (map 2) to cater for traffic and local demand on both sites It is proposed that the surface of the surface of the proposed parking facilities be improved to concrete pavement standards to enhance working conditions and environmental quality within the area. The proposed parking facilities should be inbuilt with repair garage facilities for heavy goods vehicles to ensure safer parking and servicing of the same. Motor vehicles mechanics should be licensed by the Local Authority to ensure that motor vehicle repair activities are not undertaken in unauthorized zones. The parking facilities should be developed with an inbuilt information center where facts relating to HIV/AIDS and road safety can be found. Similarly, an incident management center is established to act as a coordination center for emergency and rescue operations along the corridor section.

A locals Market is also proposed for Salgaa and Mau Summit to absorb those who trade on the road reserve among other micro enterprise market needs. In addition to the above in the case of Salgaa, a Police Post should be developed to enhance security while a Fuel Station also be developed to provide convenient service station facilities. Nakuru County Council has committed itself to providing facilitation in acquiring land for the facilities.

Salgaa Site

Site detail Located along the Northern Corridor A109 Situated at the foothills of steep hills of steep mountains which is a challenge to truck drivers on their way to Tanzania and Uganda Borders Located approx 200 km North of Nairobi City Numerous (60 –100) lorries are staying at the location where steep hills heading for Kericho, Kisumu and Eldoret Number of lorries and buses including domestic transport as well as international transport coming from Mombasa through Uganda and Tanzania are passing on the northern corridor at this point. Socio- Population – 1,500 Economic 64% of population live below Poverty line Analysis of High HIV/AIDS Prevalence – 17% considered high due to fluid interaction the area between long distance lorry drivers and local women High Agricultural produce: maize, Beans, wheat and Dairy farming High road accident levels due to the location of the site on black spot Land space for parking facilities development available Human resources including labor force Infrastructure Lorry park, Water and Open air Market which are fragmented and do not Services and provide optimal services of roadside stations. basic The facilities are also poor in condition, poorly located and do not have facilities enough security for wider usage by travellers High levels of insecurity due to lack of adequate facilities Site Highly suitable for: a Rest Area, Lorry Parking facility, Roadside Suitability Station;Information Center, to disseminate HIV/AIDS and Road Safety Information, Security facilities and Services,

Final Resettlement Action Plan – Lanet - Timboroa 22 March 2004

1. Lorry parking facility and Rest area – The site is already attracting a large Proposed number of lorry drivers who park here overnight because the site is ideal for Site Function overnight lorry parking to undertake repairs and cool engines before the and expected climbing of steep hills heading to Western region of the Country and borders positive of Uganda and Tanzania (best for lorry garage (200 Lorries) impacts 2. Roadside Station Security Service Facility – to improve security situation and improve the confidence in facilities to be developed Information facility on HIV/AIDS and Road Safety to reduce HIV/AIDS prevalence and Road accident levels Rest area for drivers and Accommodation Expected Fluid social interaction which may increase HIV/AIDS prevalence negative Cultural conflicts from impacts Security The currently state of security facilities and personnel not adequate There is potential for improving security situation greatly Engineering The site is located at the foot of major hilly sections of the Northern corridor and provides a resting and servicng zone before the climb

Mau Summit Site

Site detail Located along the Northern Corridor A109 Situated at a Junction of two major roads which Link Nairobi – Mombasa Port with Tanzania and Uganda Borders Located approx 220 km North of Nairobi City •At the footof asteep hill heading for Timboroa and EldoretNumerous (40 – 70) lorries are staying at the location where steep hills heading for Kericho, Kisumu and Eldoret Number of lorries and buses including domestic transport as well as international transport coming from Mombasa through Uganda and Tanzania are passing on the northern corridor.

Socio- Population – 2,500 Economic 64% of population live below Poverty line Analysis of HIV/AIDS Prevalence – 15% , considered high due to fluid interaction the area between long distance lorry drivers and local women,. Worsened by spreading prostitution related problems, which may relate to lorry drivers gathering and staying there. High Agricultural produce: maize, Beans, Potatoes, Vegetables, carrots, chicken, wheat and Dairy farming Existing market potential form local and transit traffic Land space for parking facilities development available and Human resources including labor force

Infrastructure Lorry park, Water and Open air Market which are fragmented and do not Services and provide optimal services of roadside stations. basic The facilities are also poor in condition, poorly located and do not have facilities enough security for wider usage by travellers Highly suitable for: a Rest Area, Lorry Parking facility, Information Center, to Site disseminate HIV/AIDS and Road Safety Information, Security facilities and Suitability Services,

Proposed Market for local produce – The area is a high agricultural production area Site Function hence the establishment of a Market would provide an opportunity for local and expected people to market their produce to both local buyers and transit traffic hence positive improving their livelihood systems impacts Lorry parking facility and Rest area – The site is already attracting a large number of lorry drivers who park here overnight because the site is ideal for

Final Resettlement Action Plan – Lanet - Timboroa 23 March 2004

overnight lorry parking to undertake repairs and cool engines Security/Police Station – to improve security situation and improve the confidence in facilities to be developed Information facility on HIV/AIDS and Road Safety to reduce HIV/AIDS prevalence and Road accident levels. Roadside Station

Expected Aalleviate HIV/AIDS related issues: By promoting awareness of importance negative of prevention of HIV/AIDS through provision of relevant information. impacts Improve sanitation related problems by offering clean water supply services. Good security: Will facilitate the usability of the facility nd must be effectively secured Rest Area and Accommodation of good quality to attract users

Security The currently state of security facilities and personnel not adequate There is potential for improving security situation greatly Engineering The site is located at a junction which makes it more interesting and challenging in modeling junction facilities Will provide opportunity for modeling safety guidelines for facilities situated at junctions

Roadside Amenities

Item Description Cost (Kshs) Lorry park at Salgaa, Mau Summit 10,000,000.00 Local Markets at (Salgaa, Mukinyai, Mau Summit and Timboroa Each at 8,000,000.00 Kshs 2m) Roadside Stations including serving car park, Incident Management + 21, 000,000.00 Information Center (Near Salgaa, Mau Summit/Total and at Hill-T Market near end of Project at Timboroa) GRAND TOTAL 39,000,000.00

Final Resettlement Action Plan – Lanet - Timboroa 24 March 2004

8 RESETTLEMENT BUDGET

The component costs of compensation have been computed and include the following:

• Compensation for crops • Compensation for assets • 15% disturbance allowance

8.1 Land

The Kenya community law states that all land belongs to the Government and in case of expropriation the land is to be compensated at market price. Land management and control of its transactions are decentralized at District levels through District Land Boards. Fixing the value of land in Kenya is dependent on whether if is unregistered Trust Lands or private land. If it is private land the Commissioner of Lands office will fix the rates of compensation through the valuation officer, if the land is public the “District Commissioner” in charge of the affected area will then proceed to ascertain interests, determine areas and assess compensation for the land after which he is to issue an award.

Section 14(1) of the registered Land act gives squatters the right of ownership for any land if they have occupied the land for a period specified under section 12 of the Limitation of Actions Act. The period is 10 consecutive years. The “Land for land” compensation will be applied to PAPs who might lose their land, the compensation taking into account:

• The legal status of the land to be compensated; • The quality of land as regards its utilization and • The quantity and the number of people using the land as the main source of income.

The value of land varies from one location to another depending on various economic factors pertaining.

8.2 Structures and Assets

• Private property owner Private property owners will be compensated for the loss of any structures (residential of business), fencing, crops or trees impacted by the construction of the project. Where he has lost structures (business or residential), compensation is at full value and not depreciated. The cost of compensation is based on the latest market value of replacement cost based on the construction materials and type of structure or asset and will be in monetary form. Additionally, the structure owners will be compensated for the opportunity cost of demolition and reconstruction of their structure including a moving allowance at 15% of value of property. Payment of half of turnover for 6 months is to be paid and replacement cost for assets that cannot be moved

For loss of rental income, a lump some cash payment of 6 months rent per tenant is to be paid, as well a disturbance fee of $ 100. Fences made of wood or wire is to be compensated at $ 3 per meter and for hand-dug wells the property owner is to be compensated at $ 200. In cases where the loss is partial then disposition of salvage material will be exercised. Cash payments may also be made if a small fraction of property is lost instead of replacing the whole property, but if the partial loss results in the PAPs not being economical viable then the

Final Resettlement Action Plan – Lanet - Timboroa 25 March 2004

property is replaced. Those who lose houses will also be assisted with temporary residence (if necessary)

• Squatters owning structures For compensation the squatters are to be compensated at full replacement value for structures, relocation to resettlement site with payment for site rent. There will also be payment of lieu wages while rebuilding and a disturbance cost of $ 100. Majority of PAPs fall under this category. They will receive the same treatment as the private property owners as regards compensation.

• Tenants Tenants will receive assistance for the disturbance they are undergoing as a result of the project. (Equivalent to 6 months rent and is a lump sum cash payment) they will also receive a moving allowance. He is also to be compensated for the assets that cannot be moved. Tenants will not be given new housing plots in the new site. This will be dealt on a case-by- case basis.

8.3 Loss of perennial and annual crops

All PAPs with crops or trees will be given notice to harvest if possible. The GoK will compensate them also for the replacement value of the lost assets as set out.

8.4 Income generating activities

Tenants who have businesses will be eligible for assistance for lost income, a lump some cash payment of Ksh 11,000. They will receive a moving allowance if they have to move their businesses to a new site, a lump some cash of 100 US$ if their business is separate from their rental residential property.

Payment of half of turnover for 6 months is to be paid and replacement cost for assets that cannot be moved. Income generating training will be available for those who will experience major impacts on their current income and employment activities. The assistance will be available to all PAPs relocating, although will only be free to those who fall into a vulnerable group. Other PAPs who wish to participate in such programmes and schemes will have to pay a nominal fee.

8.5 Vulnerable groups

The criteria of those who fall below a monthly household income of Ksh 4,000 have a sub- standard housing and are women headed households, orphaned families and elderly PAPs. Most PAPs fall under the category of squatter structure owner (residential or business) or tenant and will receive the compensation and allowance allocated for those groups.

In addition they will;

(a) Receive building material in lieu of a grant of Ksh 10,000 per household to help build a higher standard replacement unit at the resettlement site.

Final Resettlement Action Plan – Lanet - Timboroa 26 March 2004

(b) Need some assistance to join the Co-op, but that will be considered on a case-by- case basis.

(c) PAPs of Vulnerable groups will receive assistance in the form of vocational training programmes and income generating schemes. In income generation, vulnerable groups will be encouraged to form their own CBO through which members will own equity capital that will be supported through income generating projects of their own choice.

All PAPs will be given relocation assistance as already mentioned. The following assistance will be available where applicable

(i) Business will receive a cash payment equivalent to 15% of total value of affected property lost opportunity loss of income due to disturbance.

(ii) All residential structures and business owners and tenants will receive a moving allowance each. A lump some cash payment equivalent to 15% of total value of lost prperty for transportation of household belongings, business stock and salvaged building material. Mixed use residential and business households receive one allowance.

(iii) If there is need for temporary accommodation for some of the PAPs whose structures are in the way of the foundation work being done by the contractor, temporary location will be found for the PAPs on a case-by-case basis.

8.6 Replacement cost for other assets

8.6.1 Basic amenities:

There will be no need to provide new social infrastructure and services like schools and hospitals. The PAPs will continue to use the facilities they have used in the past. The facilities that are impacted by the project will be relocated to the new site. Internal circulation to improve accessibility of properties and sanitation drains will however have to be incorporated in the development of the new site through the plan and policing by the local leaders. Most other services will relocate in the PAPs site as settling process take place

8.6.2 For cash crops

Arrangements should be made to allow for harvest or market value should be paid for lost cash crops. The annual market value of crops for the previous 3 years is deemed appropriate as crop compensation.

8.6.3 Other assets

Tube wells, graves, fishponds, poultry houses, fences and other tangible assets should be replaced in kind (or with functional equivalents), relocated or be compensated at replacement cost

Final Resettlement Action Plan – Lanet - Timboroa 27 March 2004

8.7 Resettlement costs

Resettlement costs are presented in the tables below.

Lanet –Nakuru- -Timboroa

Amount Type of Nature of Plinth Value Name ID No. Chainag Location of Land Structure affected Area (KShs) e affected affected Structure (sqm) Totals 15% (KShs) Paul Maina House Permanent 10 5,000 750 5750 12483241 Kiosk Semi 30 90,000 permanent 13500 103500 Nyambura House Permanent 30 150,000 Kibuku 22500 172500 David Too 322676 Workshop Permanent 225 1,120,000 168000 1288000 Robert Mwaniki 7094888 Shop Permanent 15 75,000 11250 86250 Shop Permanent 111 560,000 84000 644000 Walter Kimani 402129 House Permanent 392 1,900,000 285000 2185000 Joel Serem 54969446 House Permanent 42 120,000 18000 138000 Mary Chepkuon Shop Permanent 176 880,000 132000 1012000 Mary Chepkuon Shop Permanent 179 890,000 133500 1023500 Joseph Wangala Shop Permanent 81 400,000 60000 460000 Tom Odhiambo 11557050 Shop Permanent 10 50,000 7500 57500 Samuel Ndungu Kiosk Permanent 55 160,000 24000 184000 Jeremiah Shop Permanent 82 240,000 Mwaura 36000 276000 Simon Macharia Shop Permanent 171 700,000 105000 805000 Steven Maina 21576651 Shop Permanent 96 400,000 60000 460000 Francis Mategwa 873892 Shop Permanent 76 300,000 45000 345000 Francis Murage 7038509 Shop Permanent 24 96,000 14400 110400 Samuel Maina 13778188 Shop Permanent 32 128,000 19200 147200 Crawford Fram land 3,000,000 450,000 3,450,000 Ben Shop Permanent 36 135,000 20250 155250 Sub Totals 11,489,000 1,723,350 13,212,350 10% Contingency Allowance 1,148,900 172,335 1,321,235 Sub Total 12,637,900 1,895,685 14,533,585 15% Administration 1,895,685 284,353 2,180,038 Grand Total 14,533,585 2,180,038 16,713,623

Final Resettlement Action Plan – Lanet - Timboroa 28 March 2004

In Summary:

8.8 Conflict Resolution and Grievances

A committee known, as the Resettlement Action Plan Committee (RAPC) will be formed to handle grievances. The consultant will also assist in the formation and the initial operations of RAPC. The members of the committee will be as follows

(i) One representative each from Nakuru Municipality and Nakuru County Council (ii) One representative from DO or Chief (iii) One PAP representative (iv) Representative from a local Community Based Organization (CBO) will be involved as an independent body in the implementation of RAP. The Consultant will link the CBO with the RAPC during on-site briefings

8.9 Grievance procedure

The RAPC will be the grievance handling body. Every grievance must be recorded and communicated to the monitoring body (Consultant/Roads Department) for action or just for recording purposes. Once compensation and relocation are complete, all grievances after that will be expected to result from the normal settling process at the new site. Problems associated with this process are expected to be social and economic in nature and may be addressed by Project Affected People area Forum (PAP-AF). The PAP-AF will be used to pass grievances from the PAP community up to the RAPC.

Community Based Organizations will be formed to reinforce community networks and ensure the survival of individual PAPs and the community as a whole, especially during the first two years at the new site.

They therefore have avenues for redressing their grievances effectively at the project level without resorting to complicated formal channels, so that the progress of the project is maintained.

8.10 Financing Mechanisms

Financing of public infrastructure in Kenya has been undertaken through various forms. Traditionally, they have been undertaken through

• Central Government budgetary allocations • Financing by Development Partners (World Bank, International Development Association, European Union, African Development Bank, BADEA among others)

Final Resettlement Action Plan – Lanet - Timboroa 29 March 2004

• Joint venture between Central Government and Development Partners • User financing schemes

Considering the desire to involve the Private Sector in Financing and Management of Public infrastructure, other models have come up, such as

• Concessioning • Public and Private Partnership approaches.

It is the Consultants opinion that either one of the above or a combination of the models be considered for the development of these facilities and resettlement financing. In project sections which will be concessionned, the Consultant wish to advise that they be included in the Concessioning Contract.

Final Resettlement Action Plan – Lanet - Timboroa 30 March 2004

9 IMPLEMENTATION OF RESETTLEMENT/COMPENSATION

Target dates for achievements of expected benefits to resetlers have been set for disseminating various forms of assistance. Planning and coordination of the tasks of the various actors is the key to a successful implementation. To achieve this goal, a validation workshop will be organized with the stakeholders and other relevant government agencies, at project launching and at the commencement of every subproject identified to have adverse social impacts. During implementation, the PAPs will need to be informed about their rights and options, at which point they will have their say and discuss matters that need clarification.

The workshop will focus on: Taking stock of the legal framework for compensation. Settle institutional arrangements and mechanisms for payment of compensation. Establishing various institutional frameworks for various project activities Define tasks and responsibilities of each stakeholder and Establish a work plan.

A month-wise implementation schedule of activities is to be undertaken and will be a topic of discussion at the next workshop. This way, they will be able to feed back into the implementation process any curative measures or improvements. The PAPs representatives will participate in the project completion workshops, to give their evaluation of the impacts of the effects of the project. They are also to suggest corrective measures, which may be used to improve implementation of other subprojects. The implementation of the project will consist of two major steps: i. The verification and explanation of Entitlements; ii. The preparation of the PAPs for relocation and resettlement.

The verification of entitlements will be done with the PAPs to make sure the information collected is correct and the PAPs know what compensation and assistance they are going to receive for their various loses. The database created by the consultant from the questionnaire interviews during socio-economic and census survey will be used to verify PAPs and list the losses the PAPs will incur on moving. A form detailing the entitlements and the acceptance of the compensation and assistance will be filled out. A copy will be given to the PAPs, and a copy retained by Roads Department for their records. A coordinator for the environmental cell, a member of the RAPC, and the PAP will sign the form

In preparation of relocation and resettlement various methods including community meetings, workshops, dissemination of information in written form, and individual interviews will be used The role of the RAPC and PAP-AF (Project Affected People Area Forum) will be important at this stage as they help support the process. The PAPs will be paid the compensation for their structures and assets. Cash compensation amount and size of land offered for compensation will be presented to each eligible PAP (husband and wife) for consideration and endorsement before cash payment or land compensation can be effected. The payments will not be paid all at one time, to allow for some leverage if there is some difficult PAPs unwilling to move. During the transition the PAPs will be allowed to have access to their original property and any assets located there until they become unusable or access is denied because of construction.

Management of water facilities such as boreholes which will be provided by the project will be undertaken by a joint collaboration between the Local Authority and the local community’s Water Users Association (WUA). The WUA will be formed before the completion of the facilities and the community together with associations’ officials will be trained through workshops to empower them with management skills. The communities will therefore manage the water facilities while the facilies will be owned by the local authority. The community may pay minimal user charges to facilitate maintenance of the facilities. Roadside Stations should be entrusted to Local Authorities who should in turn lease them to private sector for operation and management.

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10 IMPLEMENTATION OF RESETTLEMENT/COMPENSATION

Some of the risks that will be associated with resettlement in this case is impoverishment and destitution caused by inappropriate spending of compensation money by some heads of households This practice of profligate spending of compensation money by the head of households, at the detriment of other members of the household, is common practice and should be expected in this resettlement plan. Other risks involve the breaking up of social cohesion and loss of access to community facilities.

Consultants will be assigned to carry out the monitoring and evaluation stage to strengthen consistency and follow-up of the whole project process. The Consultant will work on an advisory role for the three bodies above and report regularly to the Roads Department. Consultants already have an established rapport with the local communities and provide an objective sounding board for the PAPs to relate concerns to the Roads Department. The Consultant will also work closely with the appropriate community organizations, such as the RAPC, PAPs-SHG, PAP-AF. Continuous evaluation is necessary for the identification of problems and difficulties occurring after the process of implementation. Monitoring and evaluation will pay special attention to vulnerable groups, such as the aged and women headed families. Baseline data from socio-economic survey and census of the PAPs will be used as the control data measuring improvements or deterioration of the PAPs relocation site after displacement.

Monitoring will focus on:

1. Information about PAPs post compensation and entitlement spending 2. Relevance of relocation RAP implementation timetable to what actually took place moving out of the site. 3. Content of grievances, efficiency of procedures and accountability in handling the grievance 4. Use of compensation money for those who “invested” it in profit-making enterprises. 5. Site conditions, progress in the construction for residential and business at the site.

10.1 Indicators for Monitoring

A system providing for early warning of potential problems the PAPs may be facing will be developed to alert the managers of RAP implementation. Some signs to look for include Changes in the level of income after 2 years Changes in expenditure in relation to goods and services that are affected by relocation, such as transport to work, transport of goods sold in other kiosks and expenditure in local shops. Changes in occupation and education Changes in number of children in school Changes in provision services (number of pit latrines)

Once monitoring and evaluation programmes are started, they will run through the entire period of relocating and resettlement site. Quarterly post-relocation evaluation for 2 years will be necessary to give the appropriate assistance and strategic support to the RAPC, PAP- SHG (Project Affected People Self-Help Groups), PAP-AF.(Project Affected people area Forum).

The entire RAP implementing committees will make monthly monitoring reports during the actual resettlement period that includes the Resettlement Action Plan Committee (RAPC), PAP-SHG, and PAP-AF.

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10.1.1 Performance Indicators

Monitoring and evaluation will be done focusing on the following key performance indicators:

Travel time: The implementation of the project will go a long way in reducing the time spent traveling on the road.

Vehicle operating costs Road conditions contribute substantially to higher transport costs, due to higher vehicle operating costs. After the project implementation, mobility efficiency is expected to incresase with reduced travel time as well as the fuel consumption for the cars using the corridor. The rate of replacement for vehicle spare parts will also reduce, as the vehicles will not be subject to poor road conditions currently being experienced in the corridor.

Fares The improved road will allow for more trips for the public transport vehicles but with lower vehicle operating costs resulting to considerably lowering fares. Greater accessibility will also open up other routes which were previously not served by passenger transport operators.

Prices of goods A market survey will be carried out to find out the effect of improved road conditions and provision of road side amenities along the corridor. Access to other production areas will increase availability of goods and the effect of this will be reduction in prices of goods. This accessibility will also strengthen competitive trading as there will be greater trade opportunities, locally and outside the corridor.

AADT (Annual Average Daily Traffic) The number of cars using the route will increase as drivers choose to use the corridor because of improved road conditions and development of road side amenities which are also expected to enhance faster and safer mobility along the corridor.

Markets emerging along the road New businesses will start along the roads, due to increased accessibility. The project proposes the development of roadside amenities (including markets) to enhance mobility efficiency and safety for all road users.

Land use developments It will be expected that more land use development will occur near the road. New schools, hospitals and recreational areas will need other supporting infrastructure (such as telephones, electricity, water etc) and will therefore increase the already existing infrastructure and service base along the corridor. Interviews with developers and Local authorities approving land use will assist in evaluating this.

Land values Improvement of road conditions indeed increases accessibility to trade areas such as the port and other activity areas (schools and recreation areas). This will in turn increase the land development potential along the corridor hence increased land values. To determine the effect on land value, interviews will be conducted with land agents and landowners to establish changes in land values.

Types of goods in the market Its expected that a greater variety of goods will be found in markets along the improved corridor sections as a result of improved acess to more production areas as well as more markets. Greater variety and quantity of goods found in markets could play a major role in lowering overall cost of produce. This evaluation will be done by use of market survey tools.

Earning levels Developments in the form of industries and businesses along the project sections of the corridor are expected to reduce the rate of unemployment in these areas. Secondly,

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roadside communities are expected to record higher incomes due to higher profit margins brought about by lower transport costs. Development will also provide an alternative to employment due to business opportunities brought about by availability of other infrastructure such as telephones, electricity, warehouses and depots. Generally, the standards of living of the people along the corridor is expected to improve.

Road Safety Road accidents in Kenya are a major source of deaths and disability. The accident statistics in Kenya are very high. With the development of roadside amenities and Social Enhancement facilities, primarily developed to reduce driver fatigue related accidents in long distance traveling, accidents are expected to reduce. Such amenities include rest areas for motorists, heavy vehicles parking zones, service centers (fuel stations where they can stop for fuel or repairs) and pull up areas. Drivers are encouraged to stop after long driving spells. Road signage, pedestrian paths and cyclist paths are proposed also as other ways of reducing road accidents. The effect of the project on road accidents will be evaluated by looking at the local police records on the number of accidents occurring since project implementation. Attitudes and practices of the road users especially drivers and locals will also be monitored.

Quarterly project progress reports will include a section on progress made regarding mitigation of adverse social impacts. The reports will be quarterly.

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11 TIME SCHEDULE AND SUMMARY OF ACTIVITIES

Time scale for the resettlement process is estimated to take two years. This takes into account important variables such as resolution of conflicts and grievances; cash flow from GoK/ Department of Roads to the consultant monitoring of the resettlement process. Time schedule and summary of activities is presented in table below

Schedule in years from commencement Activities 2004 Quarterly 2005 Quarterly Schedule Schedule 1 2 3 4 5 6 7 8

Organization and start-up

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12 MONITORING PROGRAM

Resettlement Responsible Indicators Means/sources of Targeted achievement yearly from Activity verification commencement 2004 quarterly 2005 quarterly 1 2 3 4 5 6 7 8 Finalization of PAPs Department of Roads Number and categories Record and maps list Final list of displaced Department of Roads Number and categories Records persons Compensation Department of Effectiveness of Reports and records payments Roads/consultant/RAP compensation and indicating specific C procedures payments Site selection PAP/Department of Location of sites Field visits and Roads/Consultant reports Site development PAP/Department of Location and state of Field site observation Roads/Consultant sites and reports Relocating/shifting PAP/Department of Access to vacated sites Records and reports Roads/Consultant along the road of work progress Income restoration PAP/Department of Agricultural output and plan Roads/Consultant income of affected Home visits and people reports

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13 SIGNAGE FOR ROADSIDE STATION

The Signage for the Roadside Station (Appendix C) has been adopted from the Japanese Michinoeki (Roadside Station). This approach is intended to establish an international standard for this facility so that other communities other than Kenya can equally interpret its significance. Similarly the facility has a lot of functions to offer to tourists just as to the local communities in Kenya. The adoption of the Japanese model therefore enhances its recognition by a wider user population.

The unique factors behind the signage as adapted for use in Kenya are as follows:

a) Integration of Human Shelter needs with the Road: More often road users in Kenya especially along the Northern Corridor lack road related shelter where those using Public as well as Private transport can take shelter during breaks between their journey to reduce fatigue. Such shelter range from accommodation, rest areas, among other services.

b) Integrating Environmental aspects with the Road and Human Shelter: The environmental dividend on daily lives of travelers and society has become an integral part of human life. The role of vegetation in ameliorating adverse effects of traffic pollution on the environment as well as human health is already recognized worldwide. The Roadside Station therefore integrates environmental dividend with road infrastructure.

c) Providing a human window for the Road as giving the Road a human face: The roadside station provides a window of opportunity for to enable communities living along roads to interact with road users in a more organized and economic manner. The Road is equally a place to travel as much as it’s a market. Local Communities are able to sell their farm produce among other locally produced specialties to travelers. This aspect would improve community earnings as well as overall livelihoods.

d) Integrating services required by Roads users with the Road: There are several services that are required by road users as they travel along Roads whether it is in Kenya or other parts of the World. These services include; Information, rest areas, parking areas, markets, health services, security among many others. Roadside stations provide a window of service opportunity to road users.

e) Making the Road a More interesting place to travel: A road for its own sake is not enough. Roadside stations therefore enhance travel experience by providing other road related facilities to travelers.

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