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 Final Resettlement Action Plan – Lanet - Timboroa i March 2004 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 Final Resettlement Action Plan – Lanet - Timboroa ii March 2004 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