Economic Survey Tool for Affected Households Juja – Thika South Sewerage Project Phase 11

SFG1093 V2 Public Disclosure Authorized

ATHI WATER SERVICES BOARD

Public Disclosure Authorized CONSULTANCY SERVICES FOR A FEASIBILITY STUDY AND DETAILED DESIGN FOR SEWERAGE SYSTEM IN JUJA AND THIKA SOUTH MUNICIPALITY (PHASE II) Public Disclosure Authorized DRAFT RESETTLEMENT ACTION PLAN

FRAME Consultants Ltd Athi Water Services Board Consulting Civil, Structural & Geotechnical Engineers Africa Re-Centre 3rd Floor, Hospital Road Pension Towers, Loita Street P.O Box 45283-00100 Nairobi, Kenya P.O. Box 58624-00200, Nairobi - Kenya, Tel: 254 020 2724292/3 Tel: 020 2213744/2251505 Public Disclosure Authorized Fax: 254 020 2724295 Fax: 020 2213990 E-mail: [email protected] Email: [email protected] Website: www.frameconsultants.com Website: www.awsboard.go.ke

OCTOBER 2015 MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS ...... iv DEFINITIONS...... 1 EXECUTIVE SUMMARY ...... 5 INTRODUCTION ...... 5 1.0 INTRODUCTION...... 12 1.1 OVERVIEW ...... 12 1.2 DESCRIPTION OF THE PROJECT ...... 12 1.3 SCOPE AND OBJECTIVES OF THE OF THE RESETTLEMENT ACTION PLAN ...... 17 1.4 OBJECTIVE OF THE RAP ...... 18 1.5 GUIDING PRINCIPLES FOR THE RAP...... 18 2.0 SOCIO-ECONOMIC BASELINE CONDITIONS ...... 21 2.1 Summary of Survey Methodology ...... 21 3.0 LEGAL AND REGULATORY FRAMEWORK ...... 33 3.1 THE NATIONAL LAND POLICY ...... 33 3.2 LAND ACT, 2012 ...... 35 3.3 THE VALUERS ACT ...... 40 3.4 KENYA ROADS ACT, 2007 (NO. 201 OF 2007) ...... 40 3.5 PHYSICAL PLANNING ACT (CAP. 286) ...... 41 3.6 ENVIRONMENT AND LAND COURT ACT (2011) ...... 41 3.7 WORLD BANK INVOLUNTARY RESETTLEMENT POLICY (OP 4.12) ...... 42 3.8 KENYAN LAW Vs. WORLD BANK’S OP 4.12 ...... 43 3.9 COMPARISON OF KENYA LAND LAWS AND WORLD BANK ...... 44 4 .0 PROJECT DISPLACEMENT IMPACTS...... 50 4.1 MINIMIZING DISPLACEMENT AND SOCIAL IMPACTS ...... 50 5.0 RESETTLEMENT COMPENSATION STRATEGIES ...... 56 Key Principles ...... 56 5.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION ...... 56 ENTITLEMENT MATRIX ...... 57 5.3 VULNERABILITY IN RESETTLEMENT ...... 58 6.0 COST AND BUDGET FOR RAP IMPLEMENTATION ...... 60 6.1 CASH COMPENSATION ...... 60 6.2 MONEY MANAGEMENT AWARENESS ...... 64 6.3 BUDGET ...... 65 7.0 GRIEVANCE MANAGEMENT AND REDRESS ...... 66 7.1 INSTITUTIONAL RESPONSIBILITIES FOR RAP ...... 71 8.0 MONITORING AND COMPLETION AUDIT ...... 72 9.0 PUBLIC CONSULTATIONS AND DISCLOSURE...... 75 9.1 CONSULTATION OUTCOMES ...... 76 FRAME Consultants Ltd i Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

APPENDICES ...... 79

LIST OF APPENDICES

Appendix 1: List Of Consulation Meetings ...... 80 Appendix 2 :Project Affected People List Ngoingwa ...... 121 Appendix 3 :Visual Illustration Of RAP Requiremnets ...... 125 Appendix 4: Crop Shedule For Thika District ...... 129 Appendix 5 :Socio – Economic Baseline Questionnaire ...... 132 Appendix 6 :Thika South System Thika Trunk Sewers ...... 137 Appendix 7 :Interceptor Trunk Sewers ...... 139 Appendix 8 :Juja Sewerage Trunk Sewer ...... 142 Appendix 9: Ruiru Treatment Works Phase 11 For Juja In Ruiru ...... 144 Appendix 10: Thika Treatment Works Site Phase 11 ...... 146 Appendix 11: Project Area ...... 148 Appendix 12: Copies Of Land Transfer To Ruiru Municipal Council ...... 150 Appendix 13:Copies Of Documents Indicating Thika Treatment Site Belongs To Thika Municipal ...... 158 Appendix 14: List of Affected PAPS with Crops ...... 159

LIST OF TABLES

Table 1: Summary of the design details for reticulation and trunk sewers. The sewer pipes have been designed for ultimate sewage design flow………………………………………………………….. 13

Table 2 : Design Details of Waste Stabilization Ponds ...... 14 Table 3: Demographic Details of administrative areas within the project are as below ...... 16 Table 4: Summary of some of the demographic indicators in the proposed project area ...... 23 Table 5 Comparative Analysis of World Bank OP 4.12 and Government of Kenya requirements including measures to address gaps ...... 44 Table 6: Comparative Analysis of World Bank OP 4.12 and Kenya’s requirements Relevant to the Process ...... 48 Table 7: Number of PAPs per Trunk line ...... 50 Table 8: Entitlement Matrix ...... 57 Table 9: RAP Budget Estimate (Kshs)...... 65 Table 10: Statutory Institutions with Roles in the RAP process ...... 71 Table 11: Implementation Schedule...... 78

LIST OF FIGURES

Figure 1: Distribution based on the Age of the Respondents ...... 24 Figure 2: Distribution Based on the Gender of the Respondent ...... 24 Figure 3: Educational Level of the Household Head ...... 25 Figure 4 : Sources of Income in the Project Area ...... 26 Figure 5 : Monthly Income of Household ...... 27 Figure 6: Access to Drinking Water...... 28 Figure 7 : Access to Sanitary Facilities ...... 28 Figure 8: Type of Lighting in Households ...... 29 Figure 9: Type of Cooking Energy in Households ...... 30 Figure 10: Awareness of the Juja – Thika South Sewerage Project Phase 11 ...... 31 FRAME Consultants Ltd ii Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

Figure 11 : Percentage of PAPs aware their assets could be affected ...... 31 Figure 12: Shows one of the residential structures that has been erected on the riparian reserve at Kamunguti Trunk Sewer ...... 53 Figure 13: Shows example of the residential structure that has been erected on the riparian reserve at Komu River Trunk Sewer ...... 53 Figure 14: Masonry wall along Thiririka Trunk Sewer build on the riparian reserve ...... 54 Figure 15: Public Baraza / meeting in Kimuchu village, Witeithie location ...... 75

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

ACRONYMS AND ABBREVIATIONS

AWSB Athi Water Services Board CBO Community Based Organization CRCC County Resettlement and Compensation Committee EIA Environmental impact assessment ESIA Environmental and social impact assessment ESMF Environment and Social Management Framework ESMP Environmental and Social Management Plan FGD Focus Group Meetings GDP Gross Domestic Product HIV/AIDS Human Immuno Deficiency Virus JKUAT Jomo Kenyatta University of Agriculture and Technology KISIP Kenya Informal Settlement Improvement Project KMP Kenya Municipal Program KPLC Kenya Power and Lighting Company LA Land Act LRCC Locational Resettlement and Compensation Committee MLHUD Ministry of Lands Housing and Urban Development MOF Ministry of Finance/The National Treasury NaMSIP Nairobi Metropolitan Services Improvement Project NGO’s Non-Governmental Organizations NLC National Land Commission NMR Nairobi Metropolitan Region NUTRIP National Urban Transport Improvement Project OP Operational Procedures PAPs Project Affected Persons PIU Project Implementation Unit PRA Participatory Rural Appraisal RAP Resettlement Action Plan RUJWASCO Ruiru – Juja Water and Sewerage Company RPF Resettlement Policy Framework SEBR Socio-Economic Baseline Report SIDA Swedish International Development Cooperation Agency SMP Social Management Plan STDs Sexually Transmitted Diseases SUP Socially Uplifting Project THIWASCO Thika Water and Sewerage Company WB World Bank WRMA Water Resources Management Authority

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DEFINITIONS Note: Several of the definitions below are sourced from the IFC’s “Handbook for Preparing a Resettlement Action Plan”, 2001.

Project: In contemporary business and science a project is defined as a collaborative enterprise, involving research or design that is carefully planned to achieve a particular aim.

Projects can be further defined as temporary rather than permanent social systems or work systems that are constituted by teams within or across organizations to accomplish particular tasks under time constraints. An ongoing project is usually called (or evolves into) a program. In this case the project is the rehabilitation and construction of storm water drainage system within Nairobi Metropolitan Region and environs.

-Project-Affected Area: An area, which is subject to a change in use as a result of the construction or operation of the Project.

-Project-Affected Person (PAP): Any person who, as a result of the implementation of the Project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. PAPs may include: . Physically Displaced People, i.e. people subject to Physical Displacement as defined hereunder, . Economically Displaced People, i.e. people subject to Economic Displacement as defined hereunder.

-Physical Displacement: Loss of shelter and assets resulting from the acquisition of land associated with the Project that requires the affected person(s) to move to another location.

-Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) caused by the construction or operation of the Project or its associated facilities. Not all economically displaced people need to relocate due to the Project.

-Project-Affected Household (PAH): A PAH is a household that includes Project-Affected Persons as defined above. A PAH will usually include a head of household, his/her spouse and their children, but may also include other dependents living in the same dwelling or set of dwellings, like close relatives (e.g., parents, grandchildren).

-Compensation: Payment in cash or in-kind at replacement value for an asset or a resource that is acquired or affected by the Project at the time the assets need to be replaced. In this RAP, “cash compensation” means compensation paid in cash or by cheque.

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-Resettlement Assistance: Support provided to people who are physically displaced by the Project. Assistance may include transportation, and social or other services that are provided to affected people during their relocation. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days.

-Replacement Value: The rate of compensation for lost assets must be calculated at full replacement value, that is, the market value of the assets plus transaction costs. The replacement value must reflect the cost at the time the item must be replaced. With regard to land and structures, “replacement value” is defined as follows: Agricultural land: the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes;

- Household and public structures: the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labor and contractors’ fees and any registration and transfer taxes.

-Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

-Replacement cost for houses and other structure means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures. Such costs will include: (a) transporting building materials to the construction site; (b) any labor and contractors’ fees; and (c) any registration costs.

-Resettlement Policy Framework (RPF) is an instrument to be used throughout the Program implementation. The RPF sets out the resettlement objectives and principles, organizational arrangements and funding mechanisms for any resettlement that may be necessary during implementation. The RPF guides the preparation of Resettlement Action Plans of individual sub projects in order to meet the needs of the people who may be affected by the project. The Resettlement Action Plans (“RAPs”) for the NaMSIP Program will be prepared in conformity with the provisions of this RPF.

-Census: means a field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the relevant stakeholders.

-Cut-off date: Cut-off date—Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, FRAME Consultants Ltd 2 Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated.

-Displaced Persons: mean persons who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the program, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.

-Involuntary Displacement: means the involuntary acquisition of land resulting in direct or indirect economic and social impacts caused by: Loss of benefits from use of such land; relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether the Displaced Persons has moved to another location or not. -Involuntary Land Acquisition: is the possession of land by government or other government agencies for compensation, for the purposes of a public program against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. -Land: refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the program. Land acquisition” means the possession of or alienation of land, buildings or other assets thereon for purposes of the program.

-Rehabilitation Assistance: means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable the program Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-program levels.

-Resettlement and Compensation Plan: also known as a “Resettlement Action Plan (RAP)” or “Resettlement Plan” - is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legal binding requirements to resettle and compensate the affected party before implementation of the program activities commences.

-Replacement cost: means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Kenya law for sale of land or property. In terms of land, this may be categorized as follows; (a) -Replacement cost for agricultural land: means the pre- program or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes;

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In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of the benefits to be derived from the Project deducted from the valuation of an affected asset.

-Host population—People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement.

-Involuntary resettlement—Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement.

-Land expropriation—Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise uses OD 4.30—The World Bank Group Operational Directive on Involuntary Resettlement. OD 4.30 embodies the basic principles and procedures that underlie IFC’s approach to involuntary resettlement associated with its investment projects.

Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project.

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EXECUTIVE SUMMARY

INTRODUCTION

The overall rationale of the project is to allow for the protection of ground and surface waters from pollution through increase in sewerage coverage, connectivity and improved efficiency of the sewerage treatment plants. It is acknowledged that failure to develop the Nairobi Sewerage Master Plan has left the project area with rivers flowing with “raw sewage”

This is the Resettlement Action Plan (RAP) for Juja – Thika South Sewerage Infrastructure Project to be funded under the Nairobi Metropolitan Services Improvement Project (NaMSIP) which is a program of the World Bank. As such, the RAP has been prepared based on the principles and procedures of the Resettlement Policy Framework (RPF) prepared for NaMSIP sub project investments.

NaMSIP is financing investments in infrastructure and service delivery in Kenya’s largest and most economically important urban conurbation (accounting for some 17 percent of the country’s population and about 50 percent of its GDP).

Together, the program aims to comprehensively address core issues that are constraining the development potential, efficiency, equity, and competitiveness of Kenya’s urban areas. In addition, the NaMSIP will create synergies with the Bank’s National Urban Transport Improvement Project (NUTRIP) by improving access to transport hubs and integrating land use planning into transport and overall urban planning, especially around commuter rail stations.

This Resettlement Action Plan (RAP) was developed over a period of one Month that is 1st to 30th June 2015. The Consultant was responsible for coordination and facilitation of the sensitization meetings with local administration and the public.

Specific methodologies to collect primary and secondary qualitative and quantitative data included household surveys; interviews/ meetings with institutional PAPS; Key stakeholder interviews; public sensitization meetings, land and asset valuation and calculation of resettlement implementation costs. Study limitations included follow up on PAPS who do not live on site; access to structures/ PAPs in the affluent areas was hampered by strict security measures.

Following initial consultations with Government officials it was clear that there was a high possibility of mass encroachment into the project area by the public in a bid to wrongfully gain from the possible compensation. Consequently, cut off date was set as the last day of the field survey and public participation meetings. This cutoff date was to be communicated to the potential PAPs at the sensitization meetings that were also conducted at the end of the field survey. The cut off date was set to be 24th August, 2015.

Legal and Regulatory Framework The process and procedures of land acquisition for the Juja- Thika South will be principally governed by Kenya Land Laws. The following legal instruments provide the legal framework for compensation and resettlement in Kenya;

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 The Constitution  The Kenyan Land Policy  Kenya Land Act No. 6 of 2012  Valuers Act  Kenya Roads Act, 2007  Environment and Land Court Act ( 2011)  The Physical Planning Act  Environmental Management and Coordination Act( EMCA 1999)

The World Bank Involuntary Resettlement Policy (O.P 4.12) recommends full replacement costs for all PAPs. This RAP has adopted the full replacement cost that would restore or improve the livelihood of the PAP to pre-project level.

Public Consultations and Disclosure

Public consultation was important for soliciting the opinion of the project affected peoples about the project impacts and compensation payments.

Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within Juja and Thika Town. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-Governmental organizations, Community Based Organizations, youth organizations, Ruiru - Juja Water and Sewerage Company (RUJWASCO) ,Thika Water and Sewerage Company ( THIWASCO) and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people.

Proposed Project Area

The proposed project straddles between Juja and Thika towns. Juja town is located in Thika West District in Kiambu County, 10 km South-East of Thika Town and 12km North-West of Ruiru, latitudes -1.1833 and Longitude 37.1167 about 30km North of Nairobi. It is the administrative centre for Jomo Kenyatta University of Agriculture and Technology (JKUAT).

The project area can be accessed through the A2 (Nairobi – Thika) dual highway or the Nairobi – Nanyuki railway line. The northern boundary of Juja is the Komu River, whilst the southern boundary is the Theta- Thiririka Rivers. The eastern boundary is the Nairobi-Athi Rivers.

The Thika Municipality is situated in Thika West District, Kiambu County, approximately 45 km North-East of Nairobi. It stretches approximately 24km in an east-west direction and tapers from a width of about 2.5km on western side to 5.0km on the Eastern edge. The total area of the municipality is 93km2. The main Nairobi/Nyeri road, which runs in a north-south direction, dissects the Municipality just to the west of the commercial and administrative centre of the town.

The northern and southern boundaries of Thika Municipality are well demarcated by rivers which flow in an easterly direction. The Karimenu-Chania-Thika Rivers form the northern boundary while the Komu Rivers forms the Southern boundary.

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Project Justification

Nairobi Sewerage Master Plan projects population growth to an approximate 1.4 million people in the entire Nairobi Metropolitan Region (NMR), which encompasses Juja and Thika towns in Kiambu County. Infrastructure development does not match the population growth rate that is currently estimated at 7.8% per annum in the urban regions of NMR. The master plan proposed development of Juja and Thika South Sewerage System (Phase II) for the growing population of Juja town and Thika Municipalities estimated to grow to more than 226,230 persons (2009 Population and Housing census).

The aim of the Nairobi Metropolitan Development Strategy stipulates the goal of improving the quality of life in the NMR, which is currently characterized by intense pressure on land, water, roads, sewerage, and other basic infrastructure need in any developing urban centres. Developing the Juja - Thika South Sewerage Project is a milestone towards achieving the goals of the vision 2030.

Project Description

The project will involve the construction and maintenance (during the defects liability period) of approximately 76 Km of sewer network, 20 ha of proposed treatment works at Ruiru and 15 ha of proposed treatment works at Thika.

The detailed hydraulic analysis indicated that the proposed sewer reticulation network would require pipe of 300 mm diameter. The trunk sewers will however be of 300mm – 750mm diameter and the inlet sewer into the proposed sewage treatment works site would be 750 mm diameter for Juja and 675mm Diameter for Thika South.

The design has recommended spigot and socket for rigid jointed concrete pipes manufactured to BS 5911 part 1 1985 for trunk lines. The pipes would be laid on 150mm thick Class 20 concrete bedding. All the bedding types would be similar or equivalent to types A, B, C, or D. For Reticulation, UPVC pipes of DN 300mm diameter is proposed.

Rehabilitation and Augmentation of the existing Thika STW has been recommended. This will involve conversion of the existing primary ponds into a hybrid Anaerobic/Facultative pond system and re-construction of the inlet works to allow for 10,500m3/day of waste water treatment. The existing system designed for 6000m3/day currently receives 8000m3/day of waste water.

Project Beneficiaries

Scope of the RAP

The main objective of the RAP is to minimize the adverse impacts to project affected persons (PAPs) and enhance or at least restore their livelihood to that of the pre-project level.

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The Juja – Thika South Sewerage Project (Phase II) will lead to physical displacement of some households, loss of shelter, assets, and livelihood. It will also lead to restriction of access to economic resources. World Bank OP4.12 - Involuntary Resettlement is triggered by this project and therefore requires the preparation of a Resettlement Action Plan.

This Resettlement Action Plan will help to define the resettlement and compensation necessary as a result of implementing the infrastructure, in accordance with the World Bank’s Involuntary Resettlement Policy and the Laws of Kenya. Hence this RAP has been prepared based on the guiding principles detailed in the Resettlement Policy Framework (RPF) for NaMSIP for involuntary resettlement.

Potential Adverse Impacts of Juja – Thika South Sewerage Project

Project activities that will give rise to resettlement include the construction of the wastewater stabilization pond and sewerage treatment plant and ancillary trunk sewer lines to be located in different areas within Juja and Thika South Towns to drain into the sewerage treatment plant as described above.

The construction of the JTSWP and related structures will lead to land acquisition, physical and economic displacement of people, loss of shelter, assets, income sources and livelihood, as well as restriction of access to economic resources.

Impacts at Waste Water Stabilization Ponds and Sewerage Treatment Plant

Juja Trunk Sewers will drain to Ruiru Treatment Works site where the Phase 1 is currently ongoing. The land is approximately 20 Ha and is owned by the Ruiru Municipal Council, which it offered for the project construction at no cost. The land has however not been acquired by the client; Ministry of Land, Housing and Urban Development through the Directorate of Nairobi Metropolitan Ministry.

For Thika Treatment Plant there exists land adjacent to the current treatment plant which is 15Ha and the land has already being acquired by the county government from previous local government. The land here has been encroached by PAPs who are undertaking subsistence farming activities for that matter as a result of the project; these PAPs will be economically displaced.

Sewerage Trunk Lines: Juja Sewerage System

There are 4 major sewerage trunk lines and several reticulations that will drain into the Waste Water Stabilization Ponds and Sewerage Treatment Plant in Gatongora Location, Ruiru. These lines will be located adjacent to the existing riverine riparian reserve or a natural drain which is a common practice when designing sewer lines to take advantage of the natural gradient and gravitational force, road reserves and utility way-leaves as much as possible where not possible land will be acquired in form of easement to cater for the sewer. The lines are: -

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Mugutha River Trunk Sewer Route

This sewer follows the Mugutha River and will drain parts of Mugutha and Theta sub-locations in Ruiru. This sewer will empty in to the Theta River Trunk Sewer. There are several structures crops, trees within the natural drain which will be affected by the construction of the line.

Theta River Trunk Sewer Route

This follows the Theta River and is proposed to drain parts of Theta sub-location in Ruiru and Milimani sub-location in Juja as well as flows conveyed by the Mugutha River Trunk Sewer. This sewer will empty into the Thiririka River Trunk Sewer. There seems to be numerous crops and tress within the riparian reserve which will be affected by construction of the line.

Thiririka River Trunk Sewer Route

This will follow the Thiririka River, later empty into the Interceptor Trunk Sewer; it will serve Milimani and Kalimoni sub-location. The RAP issues identified within the line are masonry walls, crops and trees within the way leave area.

Interceptor Trunk Sewer Route

This will follow road serve at Ndaraca shopping center, through private land which will be acquired as an easement for the purposes of this project and KPLC way leave then drain all the wastes at the Proposed Ruiru Treatment Plant phase 11.

Sewerage Trunk Lines: Rehabilitation and Expansion of Existing Thika South Sewerage System

There are 2 major sewerage trunk lines and several reticulations that will drain into the Waste Water Stabilization Ponds and Sewerage Treatment Plant, in Kiganjo and later drain into Komu River. These lines will be located adjacent to the existing riverine riparian reserve or a natural drain , road reserves and utility way-leaves as much as possible which is a common practice when designing sewer lines to take advantage of the natural gradient and gravitational force. The lines are; -

Kamuguti River Trunk Sewer Route

This sewerage trunk line will connect from Thika Super Highway it will run along a normal and existing natural drain for approximately 6 Kms and empty into Komu River Trunk Sewer which will in turn drain directly into the sewerage treatment plant that is located in Kiganjo Location.

This land is a natural drainage/riparian owned by the government and therefore, no form of land compensation is envisaged. At the same time, there are several structures and crop cultivation along the natural drain/ way leave area. The sewer will serve Witeithie sub- location.

Komu River Trunk Sewer Route

This sewerage trunk line will connect from Karimenu Village in Ngoingwa Area, cutting across the Thika Supper Highway to Weitethie location on the left it will run along a normal and existing natural drain for approximately 10Kms and connect to Kamunguti River Trunk Sewer later cut FRAME Consultants Ltd 9 Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project across 1.5km of private land and later drain directly to the proposed expansion of the existing Thika Treatment Works. For the said trunk line compensation for land is envisaged especially where the trunk line will shift from the existing river riparian and cut across some private land leading to the proposed Treatment plant site. There are also several structures, crops and trees along the natural drain / way leave area.

The sewer will serve Karimenu (Ngoingwa), Komu, Weteithie, Kianjau and Komo sub-locations of Thika.

The Census and the Socio - Economic study

The socio-economic study of PAPs was undertaken in June 2015 including consultative meetings with different categories of PAPs. The socio- economic survey was done using a semi-structured household questionnaire. The questionnaire covered the households’ baseline information on incomes and expenditures, occupational and livelihood pattern, use of resources, arrangements for use of common property, social organization, leadership patterns, community organizations, and cultural parameters.

All locations in the proposed project areas were included in the baseline survey. In each of these locations most of the likely affected households were identified and a random subsample of 124 households was chosen for in depth interview.

Statistical Package for the Social Sciences (SPSS) was used for data entry and analysis. Data collected from the household survey was combined and validated with information from site surveys, observations by the sociologist and key informant interviews.

RAP Implementation Arrangements

The implementation schedule for this RAP covers the periods from the preparation of the RAP to the conclusion of the Juja – Thika South Sewerage project up-to the completion and the time that the infrastructure will be fully available to full use.

The procedure in the schedule starting from notification of the PAPs before their displacement through compensation and resettlement will be done in phases to synchronize with the various phases of the project. The RAP Implementation schedule defines the duration and timing of the key milestones and tasks.

The implementation schedule should include the following tasks:-

 Setting-up of resettlement committees  The movement of the economically displaced PAPs (dates of movements) at the Thika Sewage Treatment Works.  Monitoring and Evaluation

The compliance and completion audit will be performed about one year after completion of RAP implementation.

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Cost and Budget Estimates

The land acquisition Act sets disturbance allowance at 15% of the total assets lost. For the PAPS it is expected that they would use the money for livelihood restoration. Compensation payment agreements will involve the establishment of a bank account by the client which payment can be done; opening bank accounts by PAPs. Following this, payment can be done through the bank account of the PAP.

The total cost for this RAP implementation is estimated to amount to Ksh94, 986,360.00 including the compensation fees, cost of professional services, project management and monitoring services.

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

1.0 INTRODUCTION

1.1 OVERVIEW

Nairobi Metropolitan extends over 32,000 square kilometers that depends on Nairobi City for employment and social amenities. This is spurred by rapid population growth around Kiambu, Thika, Murang’a Machakos and Kajiado. It will therefore be difficult to separate development of Nairobi City from the metropolitan region in terms of development and planning. Nairobi Metropolitan area growth rate is estimated to be growing at an average 7.8% per annum creating a need for integrated roads, bus and rail infrastructure for metropolitan area, efficient mass transport system for Nairobi Metropolitan Area, replacement of slums with affordable low cost/rental, provision of adequate housing, development and enforcement of planning and zoning regulations, efficient water supply and waste management infrastructure, promotion, development and investment in sufficient public utilities, public services and world class infrastructure for transforming Nairobi into a global competitive city for investment and tourism.

Peri urban boundaries of Nairobi is constantly growing at a projected population of 350,000 people in 1989 to 1.4 million people in 2020 and this poses a major challenge to the County government due to unavailability of sewerage system in the area. The present sewerage network covers most of the built up areas of the city. Ruiru, Juja and Thika regions, which are in the Northern Part of the city, are partially sewered with the sewer system available for Kenyatta University, Jomo Kenyatta University of Science and Technology (JKUAT); the other areas are entirely on septic tanks, conservancy tanks and pit latrines.

In order to meet the envisaged development for Nairobi and its environs, the master plan indicates that there will be need to provide sewerage services through construction of own local sewerage treatment systems or by employing privately owned on site. The Nairobi Sewerage Master Plan proposes development of Juja – Thika South Phase II Sewerage Project and Expansion of Thika Treatment Works in the area to serve part of Ruiru, Juja and Thika Township respectively.

The rising population in the NMR is an indicator of regional development through the purchasing power. NMR are characterized by extreme pressure on base resources including water resources, land and services including transportation, solid waste management, water supply, street lighting, sewerage infrastructure, housing and development of social amenities. The project is therefore categorized as Socially Uplifting Project (SUP) to the persons living within the NMR of Ruiru, Juja and Thika Towns which currently depend on septic tanks, pit latrines and an inadequate sewer system.

1.2 DESCRIPTION OF THE PROJECT

The proposed project area is at different stages of development and it is therefore prudent to stage the development of the sewerage systems to follow suit. Provision of a sewerage system will require the construction of a reticulation system to serve areas that are either already developed or are in the process of development.

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Table 1: Summary of the design details for reticulation and trunk sewers. The sewer pipes have been designed for ultimate sewage design flow

Sewer Pipe Sewer Pipe Sewer Pipe No. of Sewer Diameter Length (m) Material Manholes (mm)

Mugutha River Trunk Sewer 450mm 2300m PCC 40

375mm 1700m PCC 31

Theta River Trunk Sewer 525mm 6231m PCC 107

450mm 49m PCC 1

Thiririka River Trunk Sewer 525mm 5000m PCC 87

450mm 3860m PCC 68

Interceptor Trunk Sewer 750mm 4313m PCC 75

Kamuguti River Trunk Sewer 450mm 2260m PCC 40

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Sewer Pipe Sewer Pipe Sewer Pipe No. of Sewer Diameter Length (m) Material Manholes (mm)

375mm 3740m PCC 64

Komu River Trunk Sewer 675mm 3240m PCC 58

600mm 2500m PCC 41

525mm 1500mm PCC 29

450mm 2500mm PCC 42

375mm 960mm PCC 17

Juja Reticulation Sewers 300mm 21,900m uPVC 368

Thika South Reticulation 300mm 14,800m uPVC 250 Sewers

Table 2 below summarizes the design characteristics of each of the ponds in each of the sewage treatment works sites:-

Table 2 : Design Details of Waste Stabilization Ponds Parall Pond Dimensions (m) Efflue Effluent Net Retentio el nt FC Area Pond n Time Ponds D T.W.L EM.L BOD5 (/100ml (Ha) (days) (Nr) (mg/l) ) JUJA (AT RUIRU) SEWAGE TREATMENT WORKS – 10,500m3/d

Anaerobic 2 4.00 72 x 31 77.3 x 35.8 1 263 114 0.55

300.6 x Facultative 2 1.75 296 x 91 9 114 29 5.56 92.5

1st 201.0 x 2 1.50 196 x 78 5 29 21 3.23 Maturation 80.4

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Parall Pond Dimensions (m) Efflue Effluent Net Retentio el nt FC Area Pond n Time Ponds D T.W.L EM.L BOD5 (/100ml (Ha) (days) (Nr) (mg/l) ) 2nd 201.0 x 2 1.50 196 x 78 5 21 16 3.23 Maturation 80.4

Total 20 12.6

THIKA SEWAGE TREATMENT WORKS EXTENSION WORKS – 6,522m3/d

4.0 Anaerobic 3 46 x 24 50.9 x 29.4 1 267 116 0.45 0

1.7 187.3 x Facultative 3 182 x 59 9 116 29 3.58 5 63.8

1st 1.5 114.5 x 3 109 x 55 5 29 22 2.05 Maturation 0 59.7

2nd 1.5 114.5 x 3 109 x 55 5 22 16 1.97 Maturation 0 57.2

Total 20 8.05

D – Effective depth of the pond FL.L – Ponds Floor Level T.W.L – Ponds Top Water Level EM.L – Ponds Embankment Level

1.2.1 Location and Size

Juja

Juja town is located in Thika West District in Kiambu County, 10 km South-East of Thika Town and 12km North-West of Ruiru, latitudes -1.1833 and Longitude 37.1167 about 30km North of Nairobi. It is the administrative centre for Jomo Kenyatta University of Agriculture and Technology (JKUAT). The project area can be accessed through the A2 (Nairobi – Thika) dual highway or the Nairobi – Nanyuki railway line. The northern boundary of Juja is the Komu River, whilst the southern boundary is the Theta- Thiririka Rivers. The eastern boundary is the Nairobi-Athi Rivers.

Thika

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project municipality is 93km2. The main Nairobi/Nyeri road, which runs in a north-south direction, dissects the Municipality just to the west of the commercial and administrative center of the town.

1.2.2 Administrative Setup

Thika Sub County, Kiambu County, is densely populated but with diverse distribution varying from one division to the other. Gatundu and Thika Municipality are the most densely populated with Gatundu having the highest. The lower parts of Kakuzi Division are the least populated. High population density in most parts of the district has put pressure on land leading to fragmentation into smaller uneconomical units. In addition to Thika being a rich agricultural district, it is one of the leading industrial districts of the country. However, there are isolated pockets of poverty in the district and mainly found in urban slums in Thika Municipality, and Juja Town.

The project area is proposed to cover:-

 Parts of Theta & Mugutha in Ruiru District  Kiaora, Milimani, Kalimoni, Komo, Weteithie in Juja Division Thika West District  Karimenu, Kamenu, Kianjau, Komo in Thika West Division

Table 3 below shows proposed project areas various administrative divisions, their population and population densities.

Table 3: Demographic Details of administrative areas within the project are as below Sub- Population Area District Households Density Location Male Female Total (km2) Ruiru Theta 11,318 11,816 23,134 6,184 31.1 743 Mugutha 7,975 7,912 15,887 4,789 59.5 267 Thika Kiaora 11,008 10,888 21,896 7,137 15.5 1,4100 West Milimani 6,290 5,948 12,238 4,096 30.4 403 Kalimoni 10,165 9,696 19,861 6,039 121.3 164 Komo 2,168 1,993 4,161 1,514 39.2 106 Weteithie 11,190 10,426 21,616 7,409 29.6 731 Karimenu 4,453 4,961 9,414 2,706 26.4 356 Kamenu 18,750 18,727 37,477 12,164 33.3 1,126 Kianjau 9,887 8,100 17,987 6,627 7.8 2,299 Komu 18,499 18,173 36,672 12,579 6.7 5,460 Thika Githima 1,626 1,694 3,320 843 27.3 122 East Munyu 1,308 1,259 2,567 665 5.0 509 Total 114,637 111,593 226,230

Source: 2009 Kenya Population and Housing Census,

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1.2.3 Project Beneficiaries

The project beneficiaries include some of or entire population of Juja Town and Thika South Municipalities and its environs including Theta, Kiaora, Milimani, Kalimoni,Komo,Weteithie locations while Mugutha, Karimenu, Kamenu, Kianjau & Komu will not be fully served by the proposed sewerage Project. They are outside the Project area for phase II. They will also benefit from increased access to infrastructure and services, including water and sanitation services, and solid waste collection and disposal.

1.3 SCOPE AND OBJECTIVES OF THE OF THE RESETTLEMENT ACTION PLAN

The main objective of the RAP is to minimize the adverse impacts to project affected persons (PAPs) and enhance or at least restore their livelihood to that of the pre-project level. The Juja – Thika South Sewerage Project will lead to physical displacement of some households, loss of shelter, assets, and livelihood. It will also lead to restriction of access to economic resources. World Bank OP4.12 - Involuntary Resettlement is triggered by this project and therefore requires the preparation of a Resettlement Action Plan. This Resettlement Action Plan will help to define the resettlement and compensation necessary as a result of implementing the infrastructure, in accordance with the World Bank’s Involuntary Resettlement Policy and the Laws of Kenya.

1.3.1 Project Social Documentation

This Resettlement Action Plan (RAP) has been prepared for submittal within the framework of the NaMSIP Resettlement Policy Framework (RPF) and Environmental and Social Impact Assessment (ESIA), which include the social documentation identified below:  This RAP, which describes the measures that will be taken to address displacement impacts during the construction and operational phases of the Project.  A Socio-Economic Baseline Report (SEBR), which provides a detailed description of the socio-economic situation prevailing in the Project areas at the time of undertaking the ESIA, and which will be appended to the ESIA,  A Social Management Plan (SMP), which provides an assessment of social and economic impacts, a description of proposed mitigation measures and an action plan, which presents the organizational and other arrangements proposed by Sewerage Project to implement the social and economic mitigation measures.

This document will be submitted to the World Bank, Athi Water Services Board, and Directorate of Nairobi Metropolitan Development and to Kenya government entities having jurisdiction over the management of social issues related to resettlement. The Environmental and Social Impact Assessment (ESIA) report for this project will also be been submitted to the World Bank and the National Environment Management Authority (NEMA) and consequently approved.

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1.3.2 Scope of the Resettlement Action Plan

This RAP contains:

 A summary description of the Project,  A summary description of the baseline socio-economic conditions in the Project area,  An assessment of the Kenyan legal and international requirements applicable to displacement and resettlement in the Project,  An assessment of likely displacement impacts,  A description of the proposed strategy to deal with displacement impacts,

Implementation details, which presents the organizational and other arrangements proposed by Sewerage Infrastructure project to implement the mitigations related with physical and economic displacement.

1.4 OBJECTIVE OF THE RAP

The main objective of the Resettlement Action Plan is to provide a plan for resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standard of living will be improved or restored to at least the pre- project levels and also minimize the adverse impacts to project affected persons (PAPs). Specifically, the RAP is designed to: a) Minimize involuntarily taking of the land and impact on livelihoods through modification in design as much as possible; and b) If there are some impacts, as it is the case for this Sewerage Project, then put mechanisms in place under this RAP to assist the PAPs in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project level.

1.5 GUIDING PRINCIPLES FOR THE RAP

The RAP has been prepared in full compliance with the RPF prepared for the NaMSIP and as such the implementer of the RAP, will adhere to the following guiding principles as outlined in the RPF.

Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, where it cannot be eliminated.

Where involuntary resettlement and land acquisition are unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs, providing resources to give PAPs the opportunity to share project benefits.

PAPs will be meaningfully consulted and will participate in planning and implementing of the Juja – Thika South Sewerage Project.

a. PAPs will be assisted in their efforts to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher.

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b. Measures to address resettlement will ensure that project affected people are informed about their options and rights pertaining to resettlement, are included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives. They will also be provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project investments.

c. Projected affected persons if resettled will be supported to integrate economically and socially into host communities so that adverse impacts on host communities and vice versa are minimized. To this end, appropriate patterns of social organization will be promoted and existing social and cultural institutions of PAPs supported to the greatest extent possible.

d. This RAP applies to all PAPs regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Informal or customary tenure is to be treated in the same manner as formal, legal titles.

e. All PAPs will be (have to be) identified and recorded as early as possible, preferably at project investment identification stage, in order to protect those affected by the project and prevent an influx of illegal encroachers, squatters, and other non-residents who will wish to take advantage of such benefit.

f. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line, the landless, the elderly, women and children, orphans, marginalized groups and the ethnic minorities or other displaced persons who may not be protected through the Kenyan laws. The objective is to provide whatever additional assistance may be necessary to restore pre-project living standards.

g. The compensation of the PAPs must be completed prior to the implementation of the Project.

1.5.1 Steps Undertaken During RAP Preparation

a) Analyzing and evaluation of potential project impacts through identification of the PAPs, estimating their number and evaluating the impacts of the project on them through the census and socioeconomic study undertaken for the preparation of the RAP. b) Identifying all categories and number of project affected persons (PAPs) regardless of land ownership status. c) Taking an inventory of the affected assets and livelihood activities. d) Preparing the inventory list of the potential project affected persons. This list include land owners, farmers, businesses, small scale traders ,vulnerable groups, locations on the map and photos of the affected structures; e) Conducting a Socio- Economic Survey of the Project Affected Persons (PAPs) using a semi- structured household questionnaire. The questionnaire covered the households’ baseline information on incomes and expenditures, occupational and livelihood pattern, use of resources, arrangements for use of common property, social organization, leadership patterns, community organizations, and cultural parameters;

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f) Collecting and reviewing relevant Kenyan laws and regulations for compensations and resettlement and comparing the same with World Bank safeguard policy OP 4.12 on Involuntary resettlement and proposing measures to bridge the gaps; g) Adapting the Grievance Mechanism (GM) in the RPF to ensure affordable and accessible procedures for grievances address mechanisms for third party settlement of disputes arising from resettlement including judicial resources and, community and traditional settlement mechanism; h) Assessing the appropriate organizational framework for implementing resettlement including identification of agencies responsible for delivery of resettlement measures

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2.0 SOCIO-ECONOMIC BASELINE CONDITIONS

The following sections provide a summary of methodology and results used to characterize socio- economic baseline conditions in the project area prior to significant project investment. The project activities will not in anyway displace people from their homes; only portions of their farmland will be acquired to provide there required easement for sewer line.

The social economic status of the people is likely to be slightly disrupted during the construction period. However proper compensation at full replacement cost has been proposed in this report.

2.1 METHODOLOGY

Data used to establish socio – economic baseline conditions were derived from field surveys conducted in the project area during the preparation of the ESIA and RAP.

The survey team employed the following methodology while undertaking RAP.

 Public and stakeholder consultations  Census survey  Socio-economic survey  Land and Asset Valuation  Key Informant Interviews

Applying this suite of methods assures that several distinct perspectives are offered on the socio economic conditions in the proposed project areas and that a mix of both qualitative and quantitative results is produced. All locations in the proposed project areas were included in the baseline survey. In each of these locations most of the likely affected households were identified and a random subsample of 124 households was chosen for in depth interview.

2.1.1 Summary of Socio – Economic Methodology

2.1.1.0 Literature Review

This involved collating and compiling all the relevant documents, reports and secondary information relating to the Juja – Thika South Sewerage Project. Relevant documents and published regulations, guidelines and national policies have been reviewed. The objective of the desk review was to identify the literature and issues related to study objectives.

2.1.1.2 Socio-Economic Survey

Socio-economic survey was conducted to gather socio economic and environmental information of the key project areas. This was conducted for the purpose of identifying:

 Standard characteristics of project affected persons (baseline information on livelihood, economic and social information)

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 The magnitude of the expected loss (total or partial)  Information on vulnerable groups or persons (for whom special provision may have to be made)

2.1.1.3 Census and Inventory

Census and inventory was conducted to get information required to identify the PAPs and the impacts on affected assets in the project areas. The process of census entailed enumeration of all households which will be or might be affected by the project. The process was facilitated by the chiefs, local village elders and consultants team in respective areas. The data collected was collated during the process of inventory. Inventory entailed documenting all the various impacts of Sewerage Improvement Project and costing through valuation.

2.1.1.4 Public Consultation

Public consultation was important for soliciting the opinions of the project affected peoples about the project impacts and compensation payments. Meaningful consultation has been carried out with relevant stakeholders. Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within the project area. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-Governmental organizations, Community Based Organizations, youth organizations, and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people.

In each area, the RAP consultants and the valuation experts conducted open forums with the PAPs to inform them about the sewerage project and the need for some of them to either shift or get relocated away from the way leave. Transect walks, where possible were conducted and observations were made on physical and environmental conditions of the proposed project areas.

The Consultants were very consistent with this approach to ensure that all stakeholders are adequately briefed about the project and their suggestions and inputs are included in the RAP. This approach will further strengthen the sustainability of the project.

During consultation meetings, the PAPs recognized that they have encroached on the public way leaves such as road reserve land, riparian and are wiling to remove their structures and crops to pave way for the project. They recognize the benefits that the Sewerage Project will have on their communities. However they felt that they will be losing parts of their structures and crops that they spent money on and loss of business premises hence loss of livelihood.

During the discussions, the PAPs raised questions and provided comments concerning compensation option and types of compensation they expected.

2.1.1.5 Assessment Team

The Resettlement Action Plan study team included socio-economist, government officer, environmentalists, surveyor and engineers. Applying this suite of methods assures that several FRAME Consultants Ltd 22 Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project distinct perspectives are offered on the socio economic conditions in the infrastructure project areas and that a mix of both qualitative and quantitative results is produced. All villages in the project site were included in the baseline survey. In each of these villages all households were identified and a random sub-sample was chosen for in-depth interview.

2.1.1 Demographics

Table 4: Summary of some of the demographic indicators in the proposed project area

Population 226,230 Number of males 114,637 Number of females 111,593 Dependency Ratio 100:73 Population growth rate 2.8% Source: 2009 Kenya Population and Housing Census,

During the socio – economic survey a sample of the total population where the project has been deemed to affect some of or all households were sampled randomly a total of 124 households were interviewed. Out of these 50.8% were male headed households while 49.2% female headed households with majority of the respondents being of ages between 30-40 years old.

The main occupation for the residents in the project affected is business oriented activities at 43.5%, followed by farming 16.9%, 11.3% being employed while rest engage in casual activities in the project area.

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Distribution based on the Age of the Respondents

No Response 63 57 52 50 47 43 40 38

Age 36 34 32 29 27 25 23 21 18

0 2 4 6 8 10 12 Percent

Figure 1: Distribution based on the Age of the Respondents

Frequency 30

0 Female Male Gender of Household Head

Figure 2: Distribution Based on the Gender of the Respondent

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2.2.2 Education

Education has been defined as the process of facilitating learning, knowledge, skills, values, beliefs, and habits of a group of people are transferred to other people, through storytelling, discussion, teaching, training, or research according to Wikipedia. Hence any experience that has a formative effect on the way one thinks, feels, or acts may be considered educational.

Furthermore education has been considered to be one of the greatest pillars /backbone of the society/ community it is in this regard that the over 13.7% of individuals interviewed have attained primary level education, 46.8% secondary level and 19.3 % have gone through college and university. It indicates that majority of the households in the project area can read and write with more males being more educated than their female counterparts.

Education Level of Household Heads

46.8 Percent 20

10 18.5 15.3 13.7

4 0 1.6 Others College No Response Primary Secondary University

Education

Figure 3: Educational Level of the Household Head

2.2.3 Livelihoods and Income Sources

A person's livelihood refers to their "means of securing the basic necessities -food, water, shelter and clothing- of life". Livelihood is defined as a set of activities, involving securing water, food, fodder, medicine, shelter, clothing and the capacity to acquire above necessities working either individually or as a group by using endowments (both human and material) for meeting the requirements of the self and his/her household on a sustainable basis with dignity. The activities are usually carried out repeatedly. Livelihoods in the proposed project area were characterized

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project through data obtained in questionnaires, the transect walks, interviewing of the villagers and field visits.

The main economic activity for the population is Business oriented activities such as small scale trading in clothes, shoes, retail outlets, food kiosks. Over 43.5% of the households engage in business activities, 16.9% are farming along the river beds / riparian areas and agricultural lands in the project area while the rest of the 11.3% are either employed in the formal or informal sectors.

Quarry 0.8

None 4.8

No Response 16.1

Farming 16.9

Employment 11.3

Casual labour 6.5

Business 43.5

0 10 20 30 40 50 Percent

Figure 4 : Sources of Income in the Project Area

Employment as mentioned by the PAPs was mostly teaching, civil service, healthcare workers and those working for the PAPs who own businesses within the proposed project area. However many job seekers in the area expressed interest in working for the Juja – Thika South Sewerage Project for them to feel part of the project and own the project as their own.

The income of the PAPs varied from household to household due to the different economic activity they were involved in. 24.2% of the household reported to earn between Ksh.10, 000 – 15,000 per month as the most predominant amount while 18.5% earn less than Ksh.10, 000 per month. Males headed households showed to be earning more income then the female headed households in the project area.

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No Response 28

Less than 10,000 23

Above Sh50,000 20

40,000 - 50,000 22 Monthly Income( Ksh) Monthly Income( 20,000 - 30,000 1

10,000 - 15,000 30

0 5 10 15 20 25 30

Figure 5 : Monthly Income of Household

2.2.4 Access to Public Services

Water

Household water in the proposed project areas is largely taken from public water points, 41.1 % of the population gets drinking water from public water taps. Further interrogation indicated that public taps supplying water to the residents are sourcing from boreholes and very few households are connected to the public water supplied by RUJWASCO and THIWASCO.

The PAPs indicated high numbers of water borne diseases such as typhoid and cholera due to contamination of the water sources.

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

20 41.1

24.2 10 19.4

7.3 4 4 0 Borehole Public Tap Water Tap water No Response River Tapped Water Inside House Source of water

Figure 6: Access to Drinking Water

Sanitation

It was also recorded that 65.3 % of the households in the project utilize pit latrines while those with flush toilets have septic tanks. The PAPs in the proposed project area have confirmed they needed a sewerage system due to population growth seen in the project areas.

65.3 30

27.4 10

4 3.2 0 Flush Toilet No Response Pit Latrine Pour Flush Toilet Access to Sanitary Facility

Figure 7 : Access to Sanitary Facilities

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

2.2.5 Energy Sources

Most of the PAPs in the area are connected to electricity due to the rural electrification programs which forms 79.8% of the energy used for lighting and connection.

40 79.8

16.1

4 0 Electricity Kerosene lamps No Response Sources of Lighting

Figure 8: Type of Lighting in Households

The area for the proposed project being a pre urban area it has contributed to the large-scale use of modern cooking sources such as gas which falls at 46.8% rather than the traditional means of fuel wood and charcoal

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46.8 20

10 20.2

12.9 9.7 6.5 4 0 Charcoal Firewood Fuel Wood Gas Kerosene No Response Sources of Cooking Energy

Figure 9: Type of Cooking Energy in Households

2.2.6 Health Care Services

During the survey and field visits there were visible health care facilities within the project area, though some of the residents have to travel some distance to access government hospitals and health centers. Most the PAPs interviewed preferred to get medication in the nearby chemist and clinics. The most prevalent illnesses are malaria and typhoid especially among the children than adults.

2.2.7 Awareness of the Juja – Thika South Sewerage Project

34.7 % of the PAPS interviewed are aware of the Juja – Thika South Sewerage Project, most of the PAPs confirmed to have heard about the proposed project during the household survey and other cited chief meetings and hearing from neighbors.

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project

Awareness of the project

No No Response Yes

34.7

63.7

1.6

Figure 10: Awareness of the Juja – Thika South Sewerage Project Phase 11

2.2.8 Awareness that assets could be affected

Over 35.5 % of the interviewed PAPs own business where the proposed sewer system will transverse hence they might need be directly or indirectly affect by the construction activities of the project.

The proposed project will use the allocated government riparian land and way leave hence displacement of PAPS permanently on private land will be minimally envisaged at this level only 6.5 % of the PAPS felt there land will be affected.

13.7 Business Crops

7.3 House 35.5 Land No Response None 18.5 Structure

6.5 16.1 2.4

Figure 11 : Percentage of PAPs aware their assets could be affected

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2.2.9 Compensation

One of the major concerns of the households was whether there would be compensation for loss of income by the project. Majority of the PAPs who have structures, crops and businesses within /along the way leave area mentioned cash compensation as the preferred mode of compensation.

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3.0 LEGAL AND REGULATORY FRAMEWORK

One of the principles of the Resettlement Action Plan (RAP) is that resettlement planning should adhere to national policies and legislation, and international best practices. The chapter highlights major issues related to Kenyan land legislation with regards to involuntary resettlement in this RAP. It provides a brief overview of the Kenya land policy, and the Kenya’s constitutional provisions related to land use, planning, acquisition, management and tenure, and more specifically the legislations related with land expropriation or acquisition, land valuation and land replacement. The chapter also compares the Kenyan legislation with the World Bank provisions on resettlement, highlighting gaps and making recommendations to fill up gaps.

3.1 THE NATIONAL LAND POLICY

The National Land Policy (“NLP” or “Policy”) as adopted in August 2009 with the aim of providing an overall framework for new legislation and defining key measures required to address critical issues such as land administration, access to land, land use, and restitution related to historical injustices and an outdated legal framework. The NLP addresses constitutional issues such as compulsory acquisition and development control. Section 45 of the NLP defines compulsory acquisition as “the power of the State to extinguish or acquire any title or other interest in land for a public purpose, subject to prompt payment of compensation. “Under the current Constitution, the Land Act 2012 empowers the National Land Commission (under the guidance of Minister for Lands) to exercise the power of compulsory acquisition on behalf of the State. Similarly, the NLP empowers the National Land Commission to compulsorily acquire land.

According to the NLP, the exercise of compulsory acquisition in the past has been conducted with abuses and irregularities. The NLP therefore calls for a revision of such power and requires the GoK:-

 To review the law on compulsory acquisition to align it with the new categories of land ownership (public, private and community land);  To harmonize the framework for compulsory acquisition to avoid overlapping mandates;  To establish compulsory acquisition criteria, processes and procedures that are efficient, transparent and accountable;

3.1.1 Land Tenure System in Kenya

Land tenure in Kenya is classified as public, community or private. Public land consists of government forests (other than those “lawfully held, managed or used by specific communities as community forest, grazing areas or shrines”), government game reserves, water catchment areas, national parks, government animal sanctuaries and specially protected areas. The National Land Commission will manage public land. Community land includes land that is “lawfully held, managed or used by specific communities as community forest, grazing areas or shrines,” and “ancestral lands and lands traditionally occupied by hunter-gatherer communities.” Rights are also held through traditional African systems, and rights that derive from the English system introduced and maintained through laws enacted by colonial and then the national parliament. The former is loosely known as customary tenure bound through traditional rules (customary law). The latter

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.g. Land Act 2012, Land Registration Act, 2012, Trust Land Act (cap 288) of the Laws of Kenya).

3.1.2 Customary Land Tenure

This refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit number of similar characteristics as follows: First, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources. Individuals or families thus claim property rights by virtue of their affiliation to the group.

3.1.3 Freehold Tenure

This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. The Land Registration Act, 2012, governs freehold land. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. A freehold title generally has no restriction as to the use and occupation but in practice there are conditional freeholds, which restrict the use for say agricultural or ranching purposes only. Land individualization was demanded by the colonial settlers who required legal guarantee for the private ownership of land without which they were reluctant to invest.

3.1.4 Leasehold Tenure Leasehold is an interest in land for a definite term of years and may be granted by a freeholder usually subject to the payment of a fee or rent and is subject also to certain conditions which must be observed e.g. relating to developments and usage. Leases are also granted by the government for government land, the local authorities for trust land and by individuals or organizations owning freehold land. The maximum term of government leases granted in Kenya is 99 years for agricultural land and urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate.

3.1.5 Public Tenure

This is where land owned by the Government for her own purpose and which includes unutilized or un-alienated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Land Act 2012 (LA). These lands were vested in the president and who has, normally exercised this power through the Commissioner of Lands, to allocate or make grants of any estates, interests or rights in or over un-alienated government land. However the new constitution grants those rights to the National Land Commission (NLC) which is governed by the National Land Commission Act, 2012 that specifies the role of NLC as:-

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. To identify public land, prepare and keep a database of all public land, which shall be geo- referenced and authenticated by the statutory body responsible for survey; . Evaluate all parcels of public land based on land capability classification, land resources mapping consideration, overall potential for use, and resource evaluation data for land use planning; and . Acquire land for public purposes Solve land disputes and deal with historical land injustices . Share data with the public and relevant institutions in order to discharge their respective functions and powers under this Act; or . May require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument28.

Categories of government land include forest reserves, other government reserves, alienated and un-alienated government land, national parks, townships and other urban centers and open water bodies.’ The Lands Act does not contain any notion of trusteeship by government of the land to her people.

3.1.6 Public Resources on Public Land

Notwithstanding the fore going, it is a common law doctrine to the effect that common property resources such as rivers, forests and parks are held by the state in trust for the general public. Consequently, the state cannot alienate these resources or use them in a way detrimental to public interest. This is the doctrine that would ensure that public land cannot be alienated or committed to waste to the detriment of public interest. It is the case that the statutory frameworks for land ownership in Kenya is heavily influenced by common law jurisprudence on land ownership-the owner’s rights includes the rights of use and abuse. In Kenya however, the development of physical planning legislation has vested in the state the cumulative rights of other landowners. The regulatory power is referred to as police power.

3.2 LAND ACT, 2012

The Land Act (“LA”) is the Kenya’s framework legislation regulating compulsory acquisition of land (i.e. land, houses, easements etc.). The LA was adopted on 2nd May 2012 and provides for sustainable administration and management of land and land based resources including compulsory acquisition.

3.2.1 Land Acquisition Process

Proof that compulsory possession is for public good

It is very explicit in the Land Act, 2012, Section 107, that whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110 of the Land Act 2012, the possession of the land must be necessary for public purpose or public interest, such as, in the interests of public defense, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit. The proposed sewerage system have explicitly identified as qualifying for land acquisition as public utility and the necessity therefore is such as to afford

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project reasonable justification for the causing of any hardship that may result to any person having right over the property, and so certifies in writing, possession of such land may be taken.

Respective Government agency or cabinet must seek approval of NLC

The respective Cabinet Secretary or Government agency or the County Executive Committee Member must submit a request for acquisition of private land to the NLC to acquire the land on its behalf. The Commission will prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land. It is important to note that if the NLC is constituted prior to conclusion of land acquisition, it could prescribe criteria and guidelines necessitating variations or revisions to the current RAP. Similar, the Commission has powers to reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements prescribed.

Inspection of Land to be acquired

NLC may physically ascertain or satisfy itself whether the intended land is suitable for the public purpose, which the applying authority intends to use as specified. If it certifies that indeed the land is required for public purpose, it shall express the satisfaction in writing and serve necessary notices to land owners and or approve the request made by acquiring authority intending to acquire land.

Publication of notice of intention to acquire

Upon approval, NLC shall publish a notice of intention to acquire the land in the Kenya Gazette and County Gazette. It will then serve a copy of the notice to every person interested in the land and deposit the same copy to the Registrar31 The courts have strictly interpreted this provision, requiring that the notice include the description of the land, indicate the public purpose for which the land is being acquired and state the name of the acquiring public body. NLC shall ensure that the provisions are included in her notice. The Land Registrar shall then make entry in the master register on the intention to acquire as the office responsible for survey, at both national and county level, geo-references the land intended for acquisition.

Serve the notice of inquiry

Thirty days after the publication of the Notice of Intention to Acquire, NLC will schedule a hearing for public inquiry. NLC must publish notice of this meeting in the Kenya Gazette and County gazette 15 days before the inquiry meeting and serve the notice on every person interested in the land to be acquired. Such notice must instruct owner of land to deliver to the NLC, no later than the date of the inquiry, a written claim for compensation.

Holding of a public hearing

NLC then convenes a public hearing not earlier than 30 days after publication of the Notice of Intention to Acquire. On the date of the hearing, NLC must conduct a full inquiry to determine the number of individuals who have legitimate claims on the land, the land value and the amount of

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MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project compensation payable to each legitimate claimant. Besides, at the hearing, the Commission shall— make full inquiry into and determine who are the persons interested in the land; and receive written claims of compensation from those interested in the land. For the purposes of an inquiry, the Commission shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to the Commission (NLC) of documents of title to the land.

The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce evidence and to call and to question witnesses at an inquiry. It will also provide opportunity to land owners to hear the justification of the public authority in laying claims to acquire the land.

Valuation of the land

Part III of the Land Act 2012, section 113 (2a) states that “the Commission shall determine the value of land with conclusive evidence of (i) the size of land to be acquired; (ii) the value, in the opinion of the Commission, of the land; (iii) the amount of compensation payable, whether the owners of land have or have not appeared at the inquiry.” This can be interpreted that NLC must determine the value of the land accordingly and pay appropriate just compensation in accordance with the principles and formulae that it will develop. Nonetheless, just compensation could also be interpreted as market rate. The final award on the value of the land shall be determined by

NLC and shall not be invalidated by reason of discrepancy, which may be found to exist in the area.

Matters to be considered in determining compensation:

The market value of the property, which is determined at the date of the publication of the acquisition notice, must be considered. Determination of the value has to take into consideration the conditions of the title and the regulations that classify the land use e.g. agricultural, residential, commercial or industrial.

Increased market value is disregarded when: It is accrued by improvements made within two years before the date of the publication of the acquisition notice, unless it is proved that such improvement was made in good faith and not in contemplation of the proceedings for compulsory acquisition.

It is accrued by land use contrary to the law or detrimental to the health of the occupiers of the premises or public health.

 Any damages sustained or likely to be sustained by reason of severing such land from other land owned by the claimant.  Any damage sustained or likely to be sustained if the acquisition of the land had negative effects on other property owned by the claimant.  Reasonable expenses, if as a consequence of the acquisition, the claimant was compelled to change his residence or place of business (i.e., compensation for disruption to the claimant’s life).  Any damage from loss of profits over the land occurring between the date of the publication of the acquisition notice and the date the NLC takes possession of the land.

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Matters not to be considered in determining compensation:

 The degree of urgency, which has led to the acquisition.  Any disinclination of the person’s interest to part with the land.  Damages sustained by the claimant, which will not represent a good cause of action.  Damages, which are likely to be caused to the land after the publication of the acquisition notice or as a consequence of the future, land use.  Increased land value accrued by its future use.

Any development at the time of acquisition notice, unless these improvements were necessary for maintaining the land.

Award of compensation

The Land Act does not stipulate that compensation must be in the form of money only. Under the Land Act 2012 section 117, the State can award a grant of land in lieu of money compensation (“land for land”), provided the value of the land awarded does not exceed the value of the money compensation that would have been allowable. The law could be interpreted that any dispossessed person shall be awarded the market value of the land. The new law is silent on relocation support or disturbance allowance support.

Upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serves a written award of compensation to each legitimate claimant. NLC will publish these awards, which will be considered “final and conclusive evidence” of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney’s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims.

Payment of Compensation

A notice of award and offer of compensation shall be served to each person by the Commission. Section 120 provides that “first offer compensation shall be paid promptly” to all persons interested in land. Section 119 provides a different condition and states that the NLC “as soon as practicable” will pay such compensation. Where such amount is not paid on or before the taking of the land, the NLC must pay interest on the awarded amount at the market rate yearly, calculated from the date the State takes possession until the date of the payment.

In cases of dispute, the Commission may at any time pay the amount of the compensation into a special compensation account held by the Commission, notifying owner of land accordingly. If the amount of any compensation awarded is not paid, the Commission shall on or before the taking of possession of the land, open a special account into which the Commission shall pay interest on the amount awarded at the rate prevailing bank rates from the time of taking possession until the time of payment.

Transfer of Possession and Ownership to the State

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Once first offer payment has been awarded, the NLC will serves notice to landowners in the property indicating the date the Government will take possession. Upon taking possession of land, the commission shall ensure payment of just compensation in full. When this has been done, NLC removes the ownership of private land from the register of private ownership and the land is vested in the national or county Government as public land free from any encumbrances.

On the other side also, the Commission has also the power to obtain temporary occupation of land. However, the commission shall as soon as is practicable, before taking possession, pay full and just compensation to all persons interested in the land.

In cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures of compulsory acquisition under this Act, the Commission may take possession of uncultivated or pasture or arable land upon the expiration of fifteen days from the date of publication of the notice of intention to acquire.

On the expiration of that time NLC shall, notwithstanding that no award has been made, take possession of that land. If the documents evidencing title to the land acquired have not been previously delivered, the Commission shall, in writing, require the person having possession of the documents of title to deliver them to the Registrar, and thereupon that person shall forthwith deliver the documents to the Registrar.

On receipt of the documents of title, the Registrar shall— cancel the title documents if the whole of the land comprised in the documents has been acquired; if only part of the land comprised in the documents has been acquired, the Registrar shall register the resultant parcels and cause to be issued, to the parties, title documents in respect of the resultant parcels. If the documents are not forthcoming, the Registrar will cause an entry to be made in the register recording the acquisition of the land under this Act.

Opportunity for Appeal

The Kenya Constitution establishes Environment and Land Court47. Article 162 of the constitution provides for the creation of specialized courts to handle all matters on land and the environment. Such a court will have the status and powers of a High Court in every respect. Article 159 on the principles of judicial authority, indicates that courts will endeavor to encourage application of alternative dispute resolution mechanisms, including traditional ones, so long as they are consistent with the constitution. Section 20, of the Environment and Land Court Act, 2011 empowers the Environment and Land Court, on its own motion, or on application of the parties to a dispute, to direct the application of alternative dispute resolution (ADR), including traditional dispute resolution mechanisms.

Any person whose land has been compulsorily acquired may petition the Environment and Land Court for redress with respect to:

. The determination of such person's right over the land; . The amount offered in compensation; and

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. The amount offered in compensation for damages for temporary dispossession in the case of the Government’s withdrawal of its acquisition of the land.

Parties will pay fees as determined by Environment and Land Court or the court may choose to waive them completely or in part on grounds of financial hardship.

3.2.2 Children and Orphans Provision of Land Possession

The Land Act 2012, Part III, section 2750 recognizes the capacity of a child as being capable of holding title to land. However this can only happen through a trustee and such a child shall be in the same position as an adult with regard to child’s liability and obligation to the land.

3.3 THE VALUERS ACT

Valuation of land is a critical aspect of compulsory acquisition practice and compensation. The National Land Commission based on land valuation determined by registered valuers will make compensation awards. Besides, the Valuers Act establishes the Valuers Registration Board, which regulates the activities and practice of registered valuers. All valuers must be registered with the Board to practice in Kenya. The Board shall keep and maintain the names of registered valuers, which shall include the date of entry in the register; the address of the person registered the qualification of the person and any other relevant particular that the Board may find necessary.

As of March 2011, there were 285 registered valuers in Kenya. The Valuers Act does not provide for a description of the valuation procedures and methods. RAP team has made use of the services of registered valuers who are approved by Valuers Registration Board.

Under the Valuers Act, professional misconduct of registered valuer will include:-

 False or incorrect entry in the register;  False or misleading statement caused by omission or suppression of a material fact; and  The acceptance of “any professional valuation work which involves the giving or receiving of discounts or commissions.” In case of professional misconduct, the registered valuer is guilty of an offense punishable with a fine (not exceeding Ksh.10, 000) and/or imprisonment for three years. Fees for land valuation in case of compulsory acquisition are established based on the value of the property as “the first Kshs 400,000 at 1 per cent. Residue at 0.5 per cent”55 and are paid by those who requested the valuation.

3.4 KENYA ROADS ACT, 2007 (NO. 201 OF 2007)

Section 49 of the Kenya Roads Act, 2007 (No. 201 of 2007) prohibits erection of structures on a road reserve without permission from the Roads’ Authority. Where a person, without the required permission, erects constructs or establishes a structure or other thing, or makes a structural alteration or addition to a structure, the Authority may by notice in writing direct that person to remove the unauthorized structure. If the person to whom a notice has been issued fails to remove the structure, alteration or addition mentioned in the notice, within the period stated, such item may be removed by the Authority itself and the Authority can recover the cost of the removal from that person.

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3.5 PHYSICAL PLANNING ACT (CAP. 286)

The Act provides for preparation of land use plans with a view to improving the affected land, securing suitable provision for transport, public purposes, utilities and services, commercial, industrial, residential uses among others .This is defined in the Section 16 of the Act. The process for plan preparation are included in the main Act whereby all plans have to be presented to the public and published in the local newspaper prior to approval by the Cabinet Secretary. Stakeholders have to be involved in the planning process and their views have to be incorporated in the land use plan.

Once the land use category has been incorporated in a land use plan and it has gone through the approval stage, the dedicated land use vests in the authority responsible for the activity or service for benefit of the public as a whole. A restriction is implied of any re-allocation of the user to any other purpose thereafter.

Section 29 of the Act allows County Governments to prohibit or control use and development of land and buildings and give to approve all developments within their areas of jurisdiction. Where no such permission has been granted, the local authority is allowed to demolish any such structures.

The Act, however, does not provide any procedures to be followed where demolition is to be carried out and can make rise ugly confrontations between compliance enforcers and owners and occupiers of illegal developments.

3.6 ENVIRONMENT AND LAND COURT ACT (2011)

The Act gives effect to Article 162(2) (b) of the Constitution by establishing the Environment and Land Court that has original and appellate jurisdiction. According to Section 4 (2) and (3), it is a court with the status of the High Court. It exercises jurisdiction throughout Kenya and pursuant to section 26, is expected to ensure reasonable and equitable access to its services in every county. The principal objective of this Act is to enable the Court to facilitate a just, expeditious, proportionate and accessible resolution of disputes governed by the Act. The Court exercises its jurisdiction under Section 162 (2) (b) of the Constitution and has power to hear and determine disputes relating to ―

(a) Environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) Compulsory acquisition of land; (c) Land administration and management; (d) Public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and (e) Any other dispute relating to environment and land.

Nothing in the Act precludes the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to land and to a clean and healthy environment under Sections 42, 69 and 70 of the Constitution.

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3.6.1 Environmental and Management Coordination Act No. 8 Of 1999

Article 42 of the Constitution guarantees every person the right to a clean and healthy environment. Consequently the protection of the environment is a constitutional duty. The main objective of the Act, though enacted before promulgation of the new Kenyan Constitution, is to provide an appropriate legal and institutional framework for management of the environment.

The Act makes it a criminal offence to interfere with fragile ecosystems and the penalties provided are criminal in nature.

3.7 WORLD BANK INVOLUNTARY RESETTLEMENT POLICY (OP 4.12)

3.7.1 Impacts Covered in the Policy

The policy provides a basis for preparation of Resettlement Policy Framework and Resettlement Action Plan. The World Bank’s policy on resettlement covers direct economic and social impacts that both result from infrastructure projects and caused by: (a) The involuntary taking of land resulting in:  Relocation or loss of shelter;  Loss of assets or access to assets; or

 Loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

3.7.2 The World Bank’s Policy Objectives

Involuntary resettlement can cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The World Bank policy on involuntary resettlement’s fundamental principle is to prevent impoverishment of the persons affected by a project and on how to rebuild affected people’s livelihoods. The salient features of the detailed World Bank’s policy on involuntary resettlement are as follows: a) Compulsory purchase shall not be the preferred tool for the acquisition of land, it should be avoided where feasible, or minimized, and should be resulted to where other options, e.g. project design, voluntary means, and / or land exchange are not available; b) The Policy acknowledges that there are circumstances where, due to scale of project or complexity of ownership structure, compulsory purchase is the only feasible option. In such instances involuntary land purchases can be implemented but with utmost respect for the rights of affected persons. c) Displaced persons should be assisted in efforts to improve their livelihoods and standards of living or at least restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

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d) Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programmes. e) Compensation for land and structures lost is to be based on their replacement cost. f) Given that issues of land title are a challenge for millions of people at all income levels across the developing world, the Bank holds that lack of title is not a fair reason to disqualify a person for compensation and resettlement assistance. g) Resettlement action plans must identify and assist the poor and vulnerable people, especially the elderly, the disabled and women-headed households to resettle and improve their standards of living.

3.8 KENYAN LAW Vs. WORLD BANK’S OP 4.12

When the Kenyan Parliament passed the Sessional Paper No 4 in 2009, there was unanimity of opinion across the social and political spectrum in Kenya that the Land Acquisition Act (cap 295) suffered from various shortcomings. The National Land Policy (2009) expressed this public concern on land acquisition issues, stating: a) The established procedures are either not observed, or not adhered to leading to irregular acquisitions, b) Persons affected are not compensated at full replacement cost, c) System was considered to provide inadequate compensation that relied on under-declared sale prices, d) Customary 15 per cent of the acquired assets’ market value addition was considered too low to compensate PAP for disturbance and costs of relocation where necessary, e) The compensation was based on the market value of the acquired assets as at the time of publication of the Notice to acquire the land, not as at the date of payment, thereby subjecting the compensation to inflation and lowering of its purchasing power; and f) That there was lack of transparency with regard to disclosures of the itemized details of the compensation

It is apparent that the drafters of the National Land Policy (2009) were aware of the existence of World Bank’s Op 4.12 on Involuntary Resettlement. Further, the Constitution (2010) made fundamental changes to land acquisition and involuntary resettlement, land ownership, administration and registration of land. In addition the Constitution (2010) emphasized on gender parity, respect for human rights and right to information and PAPs participation in their resettlement programmes. The Constitution also created the Environmental and Land Act, a disputes’ resolution agency while it encouraged traditional disputes resolution mechanism.

The Parliament’s enactment of the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012, assisted to bridge the gap that existed between the Kenyan Law and the World Bank’s OP 4.12.

The provisions of the Act are guided by the Bill of Rights under the Constitution of Kenya. (2010). The Act requires that the PAPs be involved in a project’s planning through awareness, sensitization, training and education on causes, impact, consequences and prevention measures. The Act, further, stipulates the procedures to follow listed under section 22 and include:-

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i. Justification as to why the displacement is unavoidable and that there is no other feasible alternative; ii. Seeking free and informed consent from the affected persons; iii. Holding public hearing on project planning; iv. Giving reasonable notice to allow the affected persons review and react to the displacement conditions; and that v. Displacement process should reflect respect to human rights.

Relocation of the affected persons should, according to section 22 of the Act, be guided by the following factors:-

i. Full information on the affected persons and ensuring their participation; ii. Identification of safe, adequate and habitable alternatives; iii. Availability of safety, nutrition, health, and hygiene as well as protection at the new location; and iv. Acceptability by the host communities in the new location where re-location is implemented.

Those changes to the Kenyan law have largely harmonized the involuntary resettlement issues in Kenya to match the World Bank’s Op 4.12 on Involuntary Resettlement: Kenya Government has appreciated the World Bank principles that have proved to work in addressing involuntary resettlement related issues. This can be ascertained by that an ESIA and a RAP have become mandatory standard documents to be availed to NLC before initiating the process of acquiring land for infrastructural developments.

Many government agencies and project implementers are adopting a negotiation approach which involves public and stakeholder consultation and participation as opposed to the traditional compulsory acquisition approach where the acquiring authority dictated the terms and, consequently, riddled with resentment that might arise conflicts and grievances and lack of project support from the project affected people and other stakeholders.

3.9 COMPARISON OF KENYA LAND LAWS AND WORLD BANK

Table 5 Comparative Analysis of World Bank OP 4.12 and Government of Kenya requirements including measures to address gaps

OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap

GENERAL REQUIREMENTS

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OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap

1. According to Kenyan 1. The Land Act does not 1. For the Proposed Project World Bank OP4.12 has Legislation, involuntary stipulate that resettlement RAP, ensure that resettlement overall policy objectives, resettlement may occur as should be avoided issues are considered at the requiring that: a result of projects wherever possible; on the design stage of the project in 1. Involuntary resettlement implemented in public contrary, as long as a order to avoid/ minimize should be avoided wherever interest. project is for public resettlement. possible, or minimized, interest, involuntary exploring all alternatives. 2. The Land Act, 2012 Act resettlement is outlines procedures for considered to be 2. Resettlement programs sensitizing the affected inevitable. should be sustainable, include population to the project 2. Same as the World meaningful consultation with and for consultation on Bank affected parties, and provide implications and benefits to the affected parties. grievance procedures. 3. Just and fair compensation as outlined 3. The Land Act 2012 in the Land Act 2012 is 3. Displaced persons should be assisted in improving guarantees the right to fair not clear and can only be livelihoods etc., or at least and just compensation determined by NLC, which can be subjective. Implement World Bank OP restoring them to previous levels. It is does not talk about 4.12 policy - displaced should improving livelihood or be assisted in improving their

restoring them to pre- livelihood to pre-project project status. status.

PROCESS REQUIREMENT

Consultation: Displaced persons The Land Act outlines Same as World Bank Implement consultation should be meaningfully consulted procedures for consultation procedures as outlined in both and should have opportunities to with affected population by Kenyan legislation and World participate in planning and the NLC and grievance Bank. implementing resettlement management procedures. programs

Grievance: For physical Land Act 2012 clearly Kenyan legislation meets N/A resettlement, appropriate and outline the steps and process OP4.12 requirements. accessible grievance mechanism for grievance redress that will be established. includes alternative dispute resolution, re-negotiation with NLC and is backed by the judicial system through Environmental and Land Court

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OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap

Eligibility Criteria The Land Act 2012 provides Kenya’s Land Law Ensure ALL users (including that written and unwritten defines eligibility as both illegal squatters, laborers, Defined as: official or customary land formal (legal) and rights of access) of affected rights are recognized as valid informal (customary) lands are included in the (a) those who have formal legal land right. The Law provides owners of expropriated census survey or are paid rights to land (including that people eligible for land. However, it does customary and traditional rights compensation are those not specifically recognize recognized under the laws of the holding land tenure rights all users of the land to be country); compensated. Land Act also recognizes (b) those who do not have formal those who have interest or The constitution of legal rights to land at the time the some claim in the land such Kenya on the other hand

census begins but have a claim to pastoralist or who use the recognizes ‘occupants of such land or assets—provided that land for their livelihood. land’ who do not have such claims are recognized under title and who the state has the laws of the country or become The constitution recognizes an obligation to pay in recognized through a process ‘occupants of land even if good faith when identified in the resettlement plan. they do not have titles’ and compulsory acquisition is payment made in good faith made. to those occupants of land. However, this does not

include those who illegally acquired land

(c) those who have no recognizable legal right or claim Land Act 2012 provides for to the land they are occupying census through NLC inspection and valuation Same as World Bank To determine eligibility: Implement cut-off procedures process as outlined in the RPF and Carry out resettlement census. Cut Kenyan Law off date for eligibility is the day when the census begins.

Measures: Preference should be Legislation provides for land Land for Land provided Ensure that all alternative given to land based resettlement for land compensation but the for in the Land Act based options are considered before strategies for displaced persons on agreement by the providing cash compensation whose livelihoods are land-based. PAP. Use World Bank OP4.12 Cash based compensation should Land Act 2012 does not state Cash based procedures in determining only be made where (a) land taken whether preference should compensation seems to form of compensation for the project is a small fraction granted to land to land be the preferred mode of of the affected asset and the compensation. awarding compensation Implement prompt and residual is economically viable; to the affected population effective compensation at full (b) active markets for lost assets Land Act 2012 appears to by Government of Kenya replacement cost for the exist and there is sufficient supply prefer mode of compensation losses of the assets. of land and housing; or (c) by the Government to the ‘Just compensation’ as livelihoods are not land-based. affected population. stipulated in the Land Act not yet specifically defined.

World Bank OP4.12 Article 6(a) Land Act talks of prompt, just requires that displaced persons are compensation before the

provided with prompt and acquisition of land. However, effective compensation at full interpretation of just

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OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap

replacement cost for losses of compensation is yet to be assets attributable directly to the clearly outlined through a project. If physical relocation is an specific schedule defining OP 4.12 provides related impact, displaced persons must be just compensation have not land transaction fees. provided with assistance during been put in place. Land Act not clear on Implement World Bank relocation and residential housing, this. policy. housing sites and/or agricultural

sites to at least equivalent standards as the previous site. Attorney’s fees, cost of

Replacement cost does not take obtaining advice or cost incurred in preparing and depreciation into account. In terms of valuing assets, if the residual of making written claim not in the Land Act other than ‘just the asset being taken is not economically viable, compensation’ compensation and assistance must

be provided as if the entire asset

had been taken. OP4.12 requires that The Act is does not out displacement must not rightly stipulate assistance Compensation and other occur before all Ensure that ALL resettlement for relocation but we can assistance required for relocation necessary measures for options are agreed on with interpret that relocation cost should be determined prior to resettlement are in place, PAPs and put in place will be included in just displacement, and preparation and i.e., measures over and BEFORE displacement compensation. provision of resettlement sites above simple with compensation

Valuation: With regard to land Valuation is covered by the Though one could argue Apply the World Bank and structures, “replacement cost” Land Act 2012 and stipulates, that there is some form of OP4.12 valuation measures, is defined as follows: as already mentioned, that the consistency between the as outlined in Section 6, in affected person receive just Kenyan Law and World order to fully value all compensation from NLC, as Bank OP.4.12, affected assets in a consistent determined by National Land interpretation of ‘just manner. Commission. Valuers Act compensation’ has not stipulates that a residual been defined.

amount of 0.5% of the total

valuation of an asset is expected to pay the valuer.

Interpretation of just For agricultural land, it is the pre- compensation not clear project or pre-displacement, Apply World Bank OP4.12 on whichever is higher, market value valuation and compensation of land of equal productive measures. potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

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OP 4.12 Kenyan Legislation Comparison Recommendation to Address Gap

to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of Land Act 2012 talks of just Apply World Bank OP4.12 on transporting building materials to compensation for the lost valuation and compensation Interpretation of just the construction site, plus the cost assets but it is not specific of procedures. compensation not clear. of any labor and contractors’ fees,

plus the cost of any

Monitor According to Land Act can Both Kenyan Law and Implement as prescribed in be undertaken County Land World Bank policy the World Bank OP4.12 and Adequate monitoring and Boards. advocates for Monitoring Kenyan Law. evaluation of activities to be and Evaluation undertaken.

Table 6: Comparative Analysis of World Bank OP 4.12 and Kenya’s requirements Relevant to the Process

Category of Kenyan Law World Bank OP4.12 Recommendation to PAPs and Type Address Gap of Lost Assets

Land Owners Fair and just compensation Recommends land-for-land Implement World Bank OP which could be in form of cash compensation. Other 4.12 policy – which ensures compensation or Land for compensation is at replacement all the displaced should be Land cost assisted in improving their livelihood to pre project level

Land Tenants Constitution says that PAPs are entitled to some form of Ensure ALL users( including ‘occupants of land’ entitled to compensation whatever the illegal squatters, laborers, some level of pay in good legal/illegal recognition of their rights of access) of affected faith. Land Act stipulates that occupancy. lands are included in the they are entitled to some census survey or are paid compensation based on the amount of rights they hold Implement World Bank upon land under relevant laws. Policy However, those who acquired land illegally not entitled to any.

Land Users Land Act not clear on Land Entitled to compensation for Apply World Bank OP 4.12 Users although in some cases crops and investments made on on valuation and they can receive some form of the land; livelihood must be Compensation measures compensation depending on restored to at least pre-project the determination by NLC levels.

Owners of Temporary The constitution of Kenyan Entitled to in-kind compensation Apply World Bank OP 4.12 Buildings respects the right to private or cash compensation at full on valuation and property and in case of replacement cost including labor Compensation measures compulsory acquisition, just and relocation expenses, prior to compensation must be granted displacement.

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to the owner for the loss temporary buildings.

Owners of Permanent The constitution of Kenyan Entitled to in-kind compensation Apply World Bank OP 4.12 buildings respects the right to private or cash compensation at full on valuation and property and in case of replacement cost including labor Compensation measures compulsory acquisition, just and relocation expenses, prior to compensation must be granted displacement. to the owner for the permanent building

Perennial Crops Compensation for the loss of Entitlement to compensation at Implement World Bank OP crops the prevailing market rates or full 4.12 policy – which ensures replacement cost of the affected all the displaced should be crops and trees assisted in improving their livelihood to pre project level

Apply World Bank OP 4.12 on valuation and Compensation measures

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4.0 PROJECT DISPLACEMENT IMPACTS

4.1 MINIMIZING DISPLACEMENT AND SOCIAL IMPACTS

Efforts have been made to align the sewer lines, trunk lines, reticulation lines and Treatment works along the existing river bed within the 30m government owned riparian reserve land, road reserve, power way leave and public utility reserve land so as to avoid or minimize relocation and therefore resettlement and disturbances arising from land acquisition in line with the World Bank OP 4.12. Similarly, the land identified for the construction of the sewerage treatment plants for both Thika and Juja is government owned land a deliberate effort and action to avoid privately owned and settled land. Additional measures taken or steps to be taken to reduce impact include:

1. Roads for earth moving equipment will be constructed along the earmarked main canal and/or existing tracks to limit social disturbances and destruction of the environment. 2. All those that shall be affected by the project will be fully compensated before project commencement.

Table 7: Estimated Number of PAPs per Trunk line / Project Area

No Trunk Line Number of PAPs 1. Mugutha River Trunk Sewer 50 2. Theta Trunk Sewer 100 3. Thiririka Trunk Sewer 150 4. Interceptor Trunk Sewer 50 5. Komu Trunk Sewer 100 6. Kamunguti Trunk Sewer 60 7. Thika Treatment Plant 77 TOTAL 587

4.1.1 Impact on Land: The Project-Affected Area

The proposed project will have minimal impact (insignificant) on land due to the fact that there will be limited acquisition of land from PAPs at all for all components of the project. Land identified for the project is either owned by the government and in cases where tenure is private; the land sizes are insignificant in size and will furthermore entail easement and not full acquisition.

Infrastructure for Sewerage Treatment Plant – Juja Sewerage Project Component

As already highlighted in other sections of this report, the land where the proposed sewerage treatment works will be located in Ruiru for the Juja Sewerage Project Component is owned by the Ruiru Municipal Council who have transferred the land to the Ruiru-Juja Water Services Company (RUJWASCO) for the project at no cost. The documents that indicate land transfer between these institutions and approved by the Ministry of Lands. A total of 82 Acres of land has been set aside for the wastewater treatment ponds and sewerage treatment plant for Ruiru – Thika South Sewerage Project it will utilize approximately 20Ha of the total land.

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The land is however in the process of being purchased by the client who is the Ministry of Land, Housing and Urban Development through the Directorate of Nairobi Metropolitan Development.

Infrastructure for Sewerage Treatment Plant – Thika South Sewerage Project Component

For Thika Treatment Plant there exists land adjacent to the current treatment plant which is 15Ha and the land has already being acquired by the county government from previous local government. The land here has been encroached by approximately 77 PAPs who are undertaking subsistence farming activities for that matter as a result of the project; these PAPs will be economically displaced hence the RAP proposes the farmers to be assisted for livelihood restoration.

Impact on Land on Sewerage Trunk Lines- Mugutha River Trunk Sewer Route

The sewerage trunk line that is expected to target the waste from Mugutha Location and its environs is approximately 4 Kms and the proposed site for laying the trunk lines is along Mugutha River on the 30 meter riparian reserve owned by the government.

The trunk line has been proposed to pass through the government riparian reserve land and road reserve as the RAP team found out that approximately 50 PAPs have been allocated land right up to and into the riparian reserve of Mugutha River and these PAPs own legal title deed.

The RAP has proposed that the project should create awareness and demarcate the riparian areas through the office of Ministry of Environment, Water and Natural Resources under the Water Resources Management Authority – WRMA on the use of riparian reserves.

However where the sewer line will be laid beyond the government riparian land or reserve the RAP proposes easement rights to be sought between the project and the legal owner of the land / plot in accordance with the Land Act 2012 to avoid delay in the implementation of the project.

Impact on Land on Sewerage Trunk Lines - Theta River Trunk Sewer Route The Sewerage trunk will connect from Mugutha Trunks Sewer lines at the confluence of Mugutha and Theta Rivers at Thika Superhighway. Theta Trunk Sewer is approximately 6.28 Kms and will later drain into the Interceptor Trunk Sewer at the confluence of Thiririka and Theta Rivers respectively.

The project intends to use the land demarcated as riparian reserve land 30meters mark, which is in effect owned by the government, though the RAP team gathered the parcels of land to be owned by individuals and some PAPs have encroached the way leave where they are conducting farming activities, who are approximately 100 households. The trunk line will serve the people of Murera Location and its environs

Impact on Land on Sewerage Trunk Lines – Thiririka River Trunk Sewer Route

The trunk line is approximately 8.86 Kms will start from oasis village in Juja towards Thika Highway and later drains into the interceptor in Murera Location, Ndagaca village. The trunk line will utilize the government riparian reserve land; though the trunk line way leave area has been encroached by farmers who are undertaking farming activities as such the farmers need to be compensated for crops and trees.

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The above trunk line will serve the people of Juja Township, JKUAT, Kalimoni and its environs.

Impact on Land on Sewerage Trunk Lines – Kamunguti River Trunk Sewer Route

Impact on Land on Sewerage Trunk Lines - Komu River Trunk Sewer Route

For the said trunk line compensation for land is envisaged especially where the trunk line will shift from the existing river riparian and cut across some private land leading to the proposed Treatment plant site. There are also several structures, crops and trees along the natural drain / way leave area.

The sewer will serve Karimenu (Ngoingwa), Komu, Weteithie, Kianjau and Komo sub-locations of Thika.

Impact on Land on Sewerage Trunk Lines - Interceptor Trunk Sewer

This sewerage trunk line will connect from the confluence of Thiririka and Theta Rivers in Ndaraca village, Murera Location through a natural drain and road reserve for approximately 4.3 Kms and later drain into the treatment plant in Gatongora Location on the Ruiru River through Kenya Power way leave.

The trunk line will pass through private land to connect to the KPLC way leave approximately 10 plots / land parcels will be affected hence there will be need to acquire easement from the land owners. Also there are farmers who have encroached the KPLC way leave undertaking farming activities for subsistence use hence their source of livelihood might be affected.

4.1.2 Impact on Residential and Commercial Structures

A total of 9 residential structures will be affected by the construction of the trunk line. This has been attributed to the influx as the population since the time of design. Demand for housing in the area is increasing rapidly and this has triggered unplanned construction on certain project area even within the riparian reserve.

The types of housing / residential structures that will be affected are mostly made of stone walling, iron sheets as roofing materials respectively. As seen on Figure Figure 12 and Figure 13 below.

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Figure 12: Shows one of the residential structures that has been erected on the riparian reserve at Kamunguti Trunk Sewer

Figure 13: Shows example of the residential structure that has been erected on the riparian reserve at Komu River Trunk Sewer

Most of the affected structures have some modern features such as inside bathroom or toilet, or running water and more generally the vast majority of houses are made of locally available materials such as stones, cement and roofing made of iron sheets.

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Ancillary structures include masonry fences, live fences, and barbered wire fences etc. which have very low probability of being affected. Non residential structures which are likely to be affected are 30 masonry fences.

Figure 14: Masonry wall along Thiririka Trunk Sewer build on the riparian reserve

4.1.3 Impact on Households and Livelihood

Project affected households are groups of PAPs in one household and where one or more of its members are directly affected by the proposed sewerage project. This includes members such as the head of households, male, and female members, dependent relatives and members, tenants etc.

The total number of households affected within the trunk sewers will be approximately 587. Majorly households affected are farmers who practice agriculture along the Mugutha, Komu, Kamunguti, Thiririka and Theta River, Thika Treatment Plant Area there also approximately 77 PAPs who have encroached Thika Treatment Works Land and are undertaking farming activities.

The proposed project will ultimately affect livelihood of the PAPs as mentioned hence the RAP proposes the project to give farmers adequate notice for them to be able to harvest crops and compensate them for one season especially those who farm using irrigation.

4.1.4 Impact on Crops and Trees

Various crops planted along the 18 metres stretch needed for laying the pipe and working area will be affected along the trunk lines in the riparian reserve. The crops vary from fruits, vegetables, cereals and variety of tree species.

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4.1.5 Impact on Public and Community Infrastructure

Roads

The proposed sewerage project will not adversely impact on the road network instead improved access will be realized in the project sites that have limited or poor infrastructure since the construction process will entail construction of access roads to facilitate entry in the sewerage treatment plants and trunk lines.

Other Networks

There are piped water sources, electricity and telephone network in the project affected areas.

Water Supply

Water supply in the sewerage treatment plants area and along the sewerage trunk lines are from both modern and traditional sources. There are several modern drilled wells and boreholes observed in the project affected areas. Piped water supply is more evident within the project areas as the area is more of peri urban setting.

Public and Community Buildings

Graveyards and Cemetery

There is no public graveyard within the project treatment plant site that could be adversely affected; there are visible graves in the project affected area especially along the trunk line though they will not be affected.

Churches

There are several churches in the Project-Affected Areas though they will not be adversely affected by the sewerage construction work.

School

There are several schools (primary, secondary and colleges) around the proposed project areas but are not going to be directly affected by the project in anyway.

4.1.6 Impact on Businesses

There exists small businesses and enterprises within the proposed project areas though they will not be adversely affected by the project. The businesses along the interceptor trunk sewer where the trunk line levels might be deep, around 60 businesses premises might be indirectly affected such as food kiosks, shops, clinics etc.

4.1.7 Impact on Cultural Sites

There are no cultural sites like shrines etc. in the proposed project area.

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5.0 RESETTLEMENT COMPENSATION STRATEGIES

Key Principles The key principles committed upon by NaMSIP in this RAP are the following:

 Resettlement and compensation of Project-Affected People will be carried out in compliance with Kenya’s legislation and World Bank’s Policies and Procedures on involuntary resettlement.  All the PAPs who will be physically displaced and own residential property in the government riparian reserve land and have encroached on the land and will not receive any compensation for land ownership.  The vast majority of Project-Affected People derive their livelihood from small scale businesses and agriculture even though some have legal title on the land. They will be offered a livelihood restoration allowance for the damage of the affected assets.  Both Physically-Displaced People and Economically-Displaced People will be compensated for their losses of livelihood,  NaMSIP will assist PAPs’ in restoring their affected livelihoods, and will provide transitional assistance as necessary as long as livelihoods are not restored to their previous level,  The RAP implementation and outcomes will be monitored and evaluated as part of a transparent process,  PAPs and host communities will be informed and consulted during the whole course of RAP development, implementation and evaluation.

5.1 CONDITIONS OF ELIGIBILITY FOR COMPENSATION

5.1.1 Cut-Off Date

The practical Cut- off Date for implementation of the RAP will be deemed to be the date at which the census of affected people and affected assets was completed i.e. 24th August 2015. Even though no structure or field established in the Project-Affected Area after the cut off date should be eligible for compensation it is worth noting there are social economic conditions that keep changing with time.

5.1.2 Eligibility

Assets, including structures and fields, that were surveyed in the Project-Affected Area by the Cut- Off Date are eligible for compensation. People residing in the Project-Affected Area by the Cut- Off Date are eligible for compensation even if they have no legal tenure (encroachers).

5.1.3 Database

A database of affected households will be established for purposes of compensation management. All relevant census and socio-economic information related to both affected assets and affected households will be entered into this database.

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5.1.4 Public consultations and disclosure In an effort to disseminate information to affected populations and stakeholders disclosure should be done by submitting a copy of the RAP Report in a form, manner, and language that is understandable to the PAPs. The Deputy County Commissioner officer is central in the disclosure process and his/her office will provide support during the disclosure process. The reports will also be uploaded in Directorate of Nairobi Metropolitan Development, AWSB and WB websites for review and comments from the general public. 5.1.5 Salvaging

PAPs will be allowed to salvage any materials in the structures they own at the current village. These materials are iron sheets, poles and other components.

ENTITLEMENT MATRIX

The Entitlement Matrix describes compensation and related assistance for each category of affected PAP. It is presented in Table 8 hereunder.

Table 8: Entitlement Matrix

TYPE OF CATEGORIES ENTITLEMENT LOSSES OF PAPS Loss of All types of Replacement of lost land by agricultural land of similar potential under agricultural affected similar tenure arrangements with formal registration in replacement land land beyond with the relevant land authorities - Cash compensation for land or non- persons riparian cash compensation of land (land for land)

Cash compensation of all immoveable developments on the affected land, such as structures, wells

Loss of All types of Replacement of lost residential land by resettlement residential land of Residential affected persons similar size with formal recognition of ownership of the resettlement plot land by the relevant administrative authorities – Cash compensation for land or non- cash compensation of land (land for land)

Cash compensation of all immoveable developments on the affected land, such as structures, wells,

Loss of All types of No cash compensation or land replacement for loss of land. This is Structures on affected persons because public right of way is public property and the PAPs are public land considered as encroachers. But affected persons will be compensated for (Road the lost structure and livelihood. reserve, river Movement allowance to cover the cost of moving structures (transport riparian) plus loading/unloading) shall be compensated.

Cost of labour for dismantling and reconstruction will also be provided.

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Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure

Loss of Crops All types of Cash compensation of all immoveable developments on the affected land, and affected persons such as structures structures Cash compensation of standing crops within the riparian area

5.3 VULNERABILITY IN RESETTLEMENT

Involuntary resettlement, if not managed well, may lead to project affected households being impoverished. International experience with involuntary resettlement indicates certain categories of person are known to be especially vulnerable to setback as:

 The destitute/homeless.  Tenants/sharecroppers/farm laborers with no lands/fields or buildings of their own.  Households with handicapped, chronically ill or socially stigmatized persons.  Single mothers.  Elderly persons, widows and widowers not living with adult children.  Child headed households

The Proposed Infrastructure Project will be compelled to assist the vulnerable people in so far as they are affected by the displacement and resettlement process as stipulated by the World Bank procedures for resettlement. Such assistance may include the following activities:

 Identification of vulnerable people and identification of the cause and impacts of their vulnerability , either through direct interviews by a Project Social worker or through the community ; this step is critical because often vulnerable people do not attend community meetings hence their vulnerability may remain unknown  Identification of required assistance at the various stages of the process: negotiation , compensation, moving  Implementation of the measures necessary to assist the vulnerable person and  Monitoring and continuation of assistance after resettlement and compensation, if required or identification of those entities, whether Governmental or not, that could sustain the Project’s assistance beyond its period of activity.

Assistance may take the following forms, depending upon vulnerable persons’ requests and needs:

 Assistance in the compensation payment procedure (e.g., specifically explain the process and procedures, make sure that documents are well understood);  Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery;  Assistance in moving: providing vehicle, driver and assistance at the moving stage, assist the person in identifying his/her resettlement plot;

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 Assistance during the post-resettlement period, particularly if the solidarity networks that the vulnerable person was relying on have been affected: food support, health monitoring, etc.; and  Health care if required at critical periods specifically for the physically challenged, particularly the moving and transition periods.

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6.0 COST AND BUDGET FOR RAP IMPLEMENTATION

The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. The population affected by this project, includes people occupying land on the road reserve, cultivating on riparian reserve and other public land in violation of Kenyan laws.

These groups of people; who are often referred to as encroachers, are not entitled to compensation for loss of land under both the World Bank Involuntary Resettlement Policy OP 4.12 and the government of Kenya laws. However, they are entitled to compensation for any improvement made to the land as well as to resettlement assistance if they occupied the project area before an established cut off date.

6.1 CASH COMPENSATION

General

The term ‘cash’ is used in this RAP to denote payments in currency. Experience in sub-Saharan Africa indicates a high risk potential with large, lump-sum cash payments to parties who have little experience with money management. While Juja – Thika South Sewerage Project shall provide compensation in cash consistent with the local law requirements, the project will also include a number of additional benefits that are not represented in the cash compensation package. These additional, non-monetary benefits are intended to mitigate resettlement risks recognized under the involuntary resettlement procedures for the bank, but not Kenyan law.

Though not legally required, the incremental costs of these benefits will be borne by the project so as to assure compliance with the project’s stated commitment to follow the guidelines and recommendations of the World Bank, while complying with the local law requirement to provide cash compensation valued at real replacement value.

6.1.1 Structures

Cash Compensation of structures both permanent and temporary will be categorized as residential and non-residential.

Permanent structures which are residential structures identified during the Socio – Economic Baseline Survey in June 2015 will not be permanently displaced hence the RAP has proposed the trunk line to be rerouted as it will be costly for the implementation of the project and avoid unnecessary court cases.

Non – Residential Structures include masonry fences and other type of fences of various kinds.

Non-residential structures that would not fall in one of the above categories will be valued and compensated on a case by- case basis.

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The replacement value of structures has been investigated during the Socio – Economic Baseline Survey .Construction unit costs have been calculated depending with the materials used for a masonry wall according to the prevailing market rates of the materials,

To construct a standard masonry wall the below costs are incurred.

 A lorry of stones at Ksh. 10,000.00  Cement at Ksh. 4,000.00  Half Lorry of Sand Ksh. 5,000.00  Labour costs Ksh. 6,000.00  Transport Costs Ksh. 5,000.00

The cost of reconstructing 1 masonry fence will be at Ksh. 30,000.00 hence for the 30 masonry fences to be reconstructed incase they be permanently affected will be Ksh. 900,000.00

6.1.2 Crops and Trees

Compensation for crops will be done on the basis of the requirements of Kenyan laws. Under this law, landowners and lease holders are entitled to be compensated at market value.

Various crops planted along the way leave stretch needed for improvement of the existing Thika Treatment Works and riparian reserve of the trunks and working area have very high probability of being affected .The crops vary from fruits, vegetables, cereals and several species of trees.

Non-Perennial Crops

In situations where the farmer cannot be given sufficient notice to harvest his/her crop, compensation will be paid based on the market value of the non-perennial crop.

- Average yields and prices for typical crops grown in the project areas:

The individual crop yields used in this calculation represent “good harvests” as reported to the socioeconomic team in meetings in the villages,

Perennial Crops

The calculation of the value of perennial crops for compensation is also based on the market rates and includes the type of crops, the age and size or area under which the crops are grown. These factors have been used as the basis for the calculation of perennial crop loss.

Compensation rates are factored for the following stages of tree development: - Seedling, - Young, not productive, - Young productive, - Mature.

The calculation of the full replacement value considers not only of the product of the crop over one year, but also the cost of re-establishing the crop (seedlings, soil preparation, fertilizers, others), as well as the lost income during the period needed to re-establish the crop. Compensation rates will

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Specificities of Tenants and Sharecroppers

Tenants will be paid the whole compensation value for the crop they have grown.

Basis of Crop and Tree Valuation

Compensation rates for crops will be updated on a yearly basis based on a fresh market survey at “lean” season (January) and after harvest (May). The market survey will include price monitoring in the project area, confirmed by interviews with potential farmers.

Crop prices and rates used in valuation were taken from results of the research done at various local markets within the proposed project area and approved governments crop rates. Most of the predominant crops observed are maize, beans, Napier grass, trees, arrow roots and vegetables such as kales, spinach, Managu and terere.

Calculation for the crops and trees will be based on the 6m length of the working area and width for laying the pipe 3m and length of the trunk sewer in meters multiplied by the current Average Agricultural government rates for Thika District at the time of Socio – Economic Survey where the most predominant crops and trees which were observed were used for basis of computation.

6.1.3 Land The market value of the land where the project is estimated to be envisaging especially the interceptor trunk sewer a 1\8 of an acre goes for Ksh 800,000 to Ksh 500, 000 depending with the location. For the purposes of this project we shall adopt the Ksh 800,000 rate due to the high demand for land in the area and unforeseen inflation rate.

Methodology

The right to lay a pipe in another person’s land is frequently called “an easement”. Although, the right to lay a pipe in another person’s land is sometimes referred to as “an easement”, such a right can rarely be an easement in the true legal sense of the word. It is usually a particular form of license called a wayleave.

Wayleaves

Wayleaves are normally created when two parties agree in writing that the grantor will permit the grantee to use part of his/her land for a wayleave. This agreement may be in the form of an exchange of letters or a more formal document like a deed that will attract a stamp duty. Another form of agreement would arise where, in the terms of a conveyance, a restrictive covenant creates a wayleave for the benefit of the seller over the purchasers land.

Many wayleaves are negotiated between owners of land and statutory authorities holding compulsory purchase powers. The authority may never exercise those powers, but their presence does lead to an express agreement between the parties. Where statutory powers have to be exercised, the method constitutes acquisition of a legal estate. The owner of the land will be entitled FRAME Consultants Ltd 62 Final RAP Report

MLHUD in partnership with AWSB RAP Report for Juja and Thika South Sewerage Project to a notice to treat following the compulsory purchase procedure under the Land Act 2012. The owner of the land subject to the wayleave will be compensated as if a legal estate was being acquired. Betts and Kent (1988) state that payments made by acquiring authorities and undertakings should be broken into two distinct headings:-

(i) Consideration for acquiring the way leave (i.e. capital value of that part of that land subject to the wayleave): and,

(ii) Compensation for the damage caused in the laying the pipe (i.e. compensation for the disturbance, severance and injurious affection where they apply).

Basis of Valuation

The value of an interest in land can be affected, due to a wayleave, in a number of ways as follows:

(i) The depreciation in the value of the land due to the wayleave. The existence of the wayleave pre-supposes a right over the grantor’s land. Such a right will restrict the grantor’s right to use the land himself. Included under this is the “hope” value, which is attached to the value of an interest in land. The possibility of future development, whether immediate or far postponed, will attract to a land a value higher than the existing use value. A notice to treat will require that the value be calculated as at the date of the notice to treat. Hence one must consider only the depreciation in the present value of any potential change of use, caused by the appearance of a wayleave.

(ii) Damage due to constructional operation or the laying of a pipe must entail disturbance of the surface of the soil together with the crops growing thereon.

(iii) Injurious affection and disturbance to adjoining land. This refers not only to the land over or below the wayleave but also to adjoining lands. The presence of the wayleave may have a detrimental effect on the value of adjoining land. The amount of award for compensation will in practice depend on the following matters:

Length of the wayleave: the compensation for the damage by the laying of the pipe should be related to the length of the pipe and its position in the field rather than the total area of the field. Width of wayleave: There are number of widths to be considered which affect the wayleave. These are:-  Width of the land sterilized due to the presence of the pipe  Width of the land affected by pipe laying  Width of the wayleave if defined  Width of working strip used in laying the pipe.

Width of the land sterilized will include the strip on which the pipe is to be laid, and a strip of land 3 metres on either side where certain operations such as building works are forbidden. The width of land sterilized may therefore be: width of the pipe plus 3 metres of either side.

Width of the land affected by pipe laying arises because the digging of a deep trench and the laying of a pipe will cause damage that will take so long to heal that it can be referred to as permanent damage. It is in this part that the tilth has been destroyed and the subsoil has become mingled with

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Depth of pipe: This is important because pipes are laid at least 750 mm below ground level in order to minimize the risk of obstructing cultivations. Shallower depths restrict the amount of cultivations possible and hence increase the amount of compensation payable.

Basis for Valuation of Land As the sewerage infrastructure is a linear one, the RAP has proposed that the land be acquired through easement rights for laying the pipe: calculation will be based on the prevailing market rate of land in the area, the length which will be affected and the width of the trunk line. As stated above most of the plots / parcels measure 50m by 100m, width of the trunk line is 3m and working area of 6m width, 15% disturbance Allowance change the meters squared into Ha.

 Width of the Working Area 6m  Width of the Trunk Line 3m  Prevailing Current Market Rate of Land Ksh 800,000  Estimated Length of the Plot to be affected 100m  6*3*100/10,000* Ksh.800, 000 Plus 15/100 disturbance Allowance of the Cost = Ksh 165,600 Estimated cost of Acquiring Easement Rights on one Plot.

6.2 MONEY MANAGEMENT AWARENESS

For most PAPs, the cash compensation they will receive from the project will represent an amount of cash far beyond any that they ever handled before. Experience of similar situations in Africa indicates that rural compensates are particularly vulnerable to crooks and thieves (and quite ironically to termites), and also to misuse and mismanagement of this sudden influx of cash. Cash may be used on short term spending (particularly alcohol and commercial sex where male household heads are concerned), which will eventually leave the household in its entirety in hardship worse than they experienced before compensation.

Although such problems cannot be avoided entirely, creating better awareness on money management can to a certain extent mitigate them. Any PAP receiving cash compensation will receive a course on money management delivered by the client or engineer’s representative with experience in similar matters, with the following objectives:-

 How to secure cash,  How to avoid misuse and mismanagement,  Household savings and expenditures plan,  Benefit of having the money in a bank account.

Delivery of Entitlements

 Once a given affected household has selected compensation and livelihood restoration options, the household head and the Project will sign a comprehensive compensation

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agreement. This compensation agreement will clearly spell out commitments of both parties, i.e. the following:  For the Juja- Thika South Sewerage Project: commitment to deliver and/or pay compensation and livelihood restoration packages at certain contractual times and according to certain contractual modalities.

For the affected household: commitment to vacate agreed land at a date agreed upon by both parties, with financial incentives attached to the compliance with commitment. Further to the all- encompassing compensation agreements, receipts and certificates of delivery will be signed by both parties upon delivery of any of the components of the overall entitlement.

6.3 BUDGET

Table 9 below presents the estimated budget that Juja – Thika South Sewerage Project Phase 11 commits to make available for the implementation of this RAP.

Table 9: RAP Budget Estimate (Kshs)

Unit Cost Total Cost Item Description Unit Qty (Kshs) (Kshs) CASH COMPENSATION Structures Structures No 30,000 30 900,000.00 Land Easement Ha 165,600 25 4,140,000.00 Crops Annual crops Ha 37,728,000.00 SUB TOTAL COST 42,768,000.00 LIVELIHOOD 15% of the RESTORATION / total 6,415,200.00 DISTURBANCE compensation SUB TOTAL COST 49,183,200.00 IMPLEMENTATION COST

Total Cost Consultants Unit Unit Cost Day Quantity (Ksh) (Ksh) Engineer 1 300 30,000.00 9,000,000.00 Assistant Engineer 3 300 20,000.00 6,000,000.00 Socio-Economist 1 300 20,000.00 6,000,000.00 Community Mobilization 3 300 5,000.00 1,500,000.00 Officer Surveyor 1 300 30,000.00 9,000,000.00 Assistant Surveyor 2 300 5,000.00 1,500,000.00 Environmental Expert 1 300 20,000.00 6,000,000.00 Assistant Environmental 1 300 5,000.00 1,500,000.00 Expert Valuer 1 12 30,000.00 360,000.00

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Assistant Valuer 1 12 5,000.00 60,000.00 Lawyer 1 12 30,000.00 360,000.00 SUB TOTAL COST 41,280,000.00 TOTAL COST 90,463,200.00

CONTINGENCIES (5%) 4,523,160.00

GRAND TOTAL 94,986,360.00

7.0 GRIEVANCE MANAGEMENT AND REDRESS

During RAP preparation process, it is inevitable that complaints will arise among the affected people over contentious issues and dissatisfactions. Therefore timely and affordable redress is important in order to ensure satisfactory resettlement and completion of project as scheduled. Procedures that allow people to lodge complaints or claims have been considered and they include usage of customary law, and the locally established processes for timely and satisfactory settlement of claims or complaints.

Special arrangements have been made for women and other vulnerable groups to ensure that they have equal access to redress procedures. This include deployment/ representation of women or other vulnerable groups in RAP committees to facilitate the redress process or ensure that groups that are representing interests of women and other vulnerable groups take part in the process.

7.1.1 Possible Sources of Grievances

During the public consultations, the communities were informed of the implications of the project and the impact it will have in their communities, the anticipated benefits from the project implementation. They were informed that the project was dependent on their acceptance and their being able to effectively participate at every stage of the project development.

However, some of these issues that can cause delays and calls for dispute resolution mechanism include:

 Inheritance issues a/ conflicts among families  Clerical errors in data entry that leads to delays in processing of compensation for the PAP  Emerging issues such change in estate administration of affected properties causing delays to payment of compensation  Disputed ownership of an affected asset particularly where documentation is not reliable  Rejection of a compensation award considered not adequate and representative of market value  Change in mind of compensation mode by a PAP demanding for example land-for-land where only cash payment is preferred  Handling of cultural issues where there are no clearly agreed precedents such as relocation of graves or payment for compensation in a polygamous marriage

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7.1.2 Formations of the grievance redress committee

In view of this, if there is any unwarranted change in the implementation process of the project, it will trigger complaints from the PAPs. This will require to be addressed lest the project fails its acceptance criteria by the general public. To deal with such emerging issues, a Grievance Redress Committee will be constituted with a membership inclusive of

 Representative of the PAPs ( at least 30% women representation)  Community liaison officer in the Project office  Local leaders ( village elders)  Local Administration

Grievance Redress Committee shall address the issues in the following manner:-

(i) Register the grievances raised by the PAPs; and (ii) Address the grievances forwarded by the PAPs representatives.

Grievance Redress Committee shall try as much as possible to arrive at a compromise on complaints raised. This may be obtained through a series of mediation and negotiation/arbitration exercises conducted with the individual PAP. These kinds of disputes are best resolved at the local level to avoid time delays that may arise if people move to court. It would also help to manage the risk of loss of social capital due to bad relationships among family members and neighbors.

Grievances between PAPs and RAP implementers may arise if PAPs feel they are not adequately involved in the implementation process. Lack of perceived transparency may lead to feelings of mistrust and misinformed judgments on both sides. Some PAPs may also feel that the proposed compensation is not equal to their initial investment or just based on their current situation.

Such grievances may require calls for witnesses, unbiased parties or technical evaluations prior to proposing a solution. Local mechanisms may not have the capacity to meet all these requirements and would therefore require some form of support.

Some grievances may also occur that are outside of the direct control of the Grievance Redress Committee (GRC) and would require intervention at county or national government level. These include disputes that require policy interpretation or investigations prior to a conclusive resolution. In such cases, the GRC may require legal interpretation on certain aspects.

7.1.3 Proposed Grievance Redress Procedures

The following grievance mechanism is proposed for the implementation of this RAP: a) Level One: Local Committee

A Local Grievance Committee constituted of the following members will be formed at the local level:

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 Chairman: Area Chief  Secretary: Village Elder  Members: three PAP representatives consisting of a man, a woman and a youth (18 to 30 years).

This committee will sit at the Chiefs office. The following procedure is proposed:  A PAP registers a grievance and within one working day, the committee members are alerted of the case;  The affected person is immediately informed of the next date of the scheduled hearing. Depending on the case load, a maximum of 7 working days should be given between the date that a case is recorded and the date when the hearing is held;  The committee meets once every seven calendar days to deal with emerging cases. At these meetings, hearings with the affected persons and related witnesses will be held;  The committee will communicate its judgment to the affected persons within 3 working days;  If no resolution is met or the PAP is not satisfied with the judgment, the case is moved to the next level by the committee. This will be done within 5 working days of the hearing. b) Level Two: Project Committee

A Project Level Committee constituted of the following members will be formed at the local level:  Chairman: Chief Executive Lands Housing and Urban Development;  Secretary: Deputy County Commissioner (DCC);  Representative from Project Consultant, and other Project Supervising agency and client  Representative from THIWASCO or RUJWASCO  Members: three PAP representatives consisting of a man, a woman and a youth

This committee will sit once a month at the County Government Office. The following procedure is proposed:  A grievance is logged at the County Government Office and within five working days, a notice is sent out to all the interested parties informing them of the date of the hearing;  A hearing will then be held within thirty days of the grievance being raised;  In the event that investigations and technical witnesses are required, a maximum of thirty (30) calendar days will be taken prior to a hearing being held;  The committees decision will be communicated in writing within 5 working days of the date of the hearing;  If the committee does not resolve an issue, the affected persons are free to go to the Land and Environment Court.

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Grievance / Dispute Management Procedure as described above

LOCAL COMMITTEE LEVEL

Grievance Logged at Complainant immediately Chiefs / local Area Office receives notice of the date of the hearing

1 day

Notice to Local Committee Members

6 days

Hold Hearing RESOLUTION

NO RESOLUTION

PROJECT COMMITTEE LEVEL 5 days

Grievance Logged at Notice of hearing County Government Office

25 days 5 days

Hold Hearing RESOLUTION

NO RESOLUTION

Land and Environment Court

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7.1.4 The Functions of Grievance Redress Committee

The function of the Grievance Redress Committee is to be a forum for the PAPs through which they can air their dissatisfaction arising from the compensation or implementation process of the project. The Committee will receive complaints from the PAPs through the project office either verbally or in writing and thereafter endeavor to address the issues to the satisfaction of the complainant. If the matter cannot be addressed to the satisfaction of the complainant within the prescribed period, the complainant then may have recourse to the GRC. Failure to be satisfied, the complainant have the right to seek redress from the court.

i. Role of PAP’s Representatives in Grievance Redress Committee  Collect views of the PAPS and present them to the Implementing agency or Grievance Redress Committee  Help in confirmation of the asset inventory  Debrief the PAPs on deliberations of the implementing agencies  Coordinate the payment of the compensation on related assets inventorized

ii. The GRC headed by an elected chairperson will carry out the following responsibilities as regards redressing grievances:-  Hear the grievances of the PAPs and provide an early solution to those they are able to;  Immediately bring any serious matters to the attention of the committee; and  Inform the aggrieved parties about the progress of their grievances and the decisions made by the GRC

7.1.5 Role of Local Civil Administration and Other Mediation Channels

As it will be agreed upon by all parties such as traditional and customary channels that deal with issues concerning property ownership or inheritance. The legal system in this case the land and environment court recourse can be used but will be the last resort considering the arbitration time involved.

7.1.6 Grievance Redress Procedures

The grievance redress procedures will be put in place; this will help in monitoring and ensuring that grievances are properly handled. The grievance framework to be used includes the following:

 Established redress institutional arrangements specifically for RAP  Procedure for recording and processing grievances clearly spelt out  Mechanisms for adjudicating grievances and appealing judgments  A schedule with deadlines for steps in the grievance redress process so that matters are sorted out quickly as they arise

7.1.7 PAPs Participation & Agreement on Grievance Process

All household adults will have an opportunity to review the grievance processes for efficacy in addressing potential issues of contention. They will have an opportunity to amend this before the actual disclosure of packages offered possibly in public barazas.

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7.1 INSTITUTIONAL RESPONSIBILITIES FOR RAP

During the RAP preparation process, a number of key institutions were identified as critical to both preparation, and implementation of the RAP. This is summarized in Table 10 below. Consultations and involvement has been sought during the process.

Table 10: Statutory Institutions with Roles in the RAP process

INSTITUTION ROLE CAPACITY

County Government of Has the responsibility of planning and enforce policies Financial capacity Kiambu to discourage encroachments on the sewer line is lacking. Kenya Urban Roads In charge of the management of urban roads. It will be Capacity exists Authority responsible for approving construction of sewer line in points it is impacting on roads.

Ruiru- Juja and Thika These companies are water service providers mandated Capacity exists Water and Sewerage to provide efficient and effective water and Company sewerage services within Ruiru, Juja and Thika. They will run the project upon completion

KPLC Responsible for relocating electricity transmission Capacity exists. lines from the proposed sewer line Will provide cost.

National Environment Approving and issuing EIA licenses for projects which Capacity exists. Management Authority have addressed environmental and social impacts Costs of license (NEMA) provided in different document

Ministry of Land Provision of counterpart funding – part of which is used Capacity exists and Housing and Urban to settle compensation claims by PAPs funds will be made Development ` available. (DONMED)

Water Resources Demarcation of the Government riparian reserve Capacity exists Management Authority

AWSB/DONMED Facilitation and implementation of the RAP Capacity exists

Local Administration Facilitation and mobilization of Public Meetings, Capacity exists (chiefs/assistant chiefs dispute resolution at the local level, Assisting in the etc) identification and verification of PAPs

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8.0 MONITORING AND COMPLETION AUDIT

8.1 GENERAL OBJECTIVES OF MONITORING

Monitoring is a key component of the Resettlement Action Plan and is an integral part of Juja – Thika South Sewerage Infrastructure / PIU responsibility and obligations. It has the following general objectives: Monitoring of resettlement and compensation progress, of specific situations of economic or social difficulties arising from the implementation of the compensation and resettlement process, and of the compliance of the actual implementation with objectives and methods as defined by World Bank Principles, Kenyan regulations and this RAP;

Audit of the completion of the resettlement program, through and assessment of the short- mid- and long-term impacts of the compensation and resettlement program on affected households, their incomes and standards of living, the environment, local capacities, housing, etc.

Monitoring allows to correct implementation methods “in real time” during Project implementation, and also to check whether general objectives have been met and whether the resettlement and compensation program can be deemed complete. Monitoring and auditing include an internal tier and an external tier.

8.2 INTERNAL MONITORING

Objectives Monitoring will address the following aspects:

 Social and economic monitoring: follow-up of the status of PAPs, cost of housing in the displacement area, potential land speculation, environmental and health situation, livelihood restoration including agriculture, small businesses, employment and other activities;  Monitoring of vulnerable people;  Technical monitoring: supervision of infrastructure and housing construction where relevant, commissioning and testing of the technical components of the resettlement housing; and  Grievances and grievance management system.

Indicators and Frequency of monitoring during the active phase of resettlement and compensation, the following key progress indicators will be measured internally by PIU on a quarterly basis:

 Numbers of households and individuals affected by Project activities;  Numbers of households and individuals displaced as a result of Project activities;  Numbers of structures taken possession of by PAPs;  Grievances (open, closed); and  Amounts of compensation paid per category (structures, land, crops, others).

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A brief quarterly internal monitoring report will be prepared on this basis. It will be publicly disclosed. In addition, simple socio-economic parameters will be established and monitored annually for a sample of about 20% of PAPs. The following will be assessed among others:

 Average monetary income, and total income including self-consumption;  Breakdown of household expenditures;  Surface area of land holdings,  Crops and estimated or observed yields,  Number of unemployed people; and  Number of children at school.

Every two years, the socio-economic quality of life index will also be measured and calculated to allow comparisons. This will require socioeconomic surveys to be administered once every two years for 3 years on a sample of about 20% of PAPs.

8.3 EXTERNAL MONITORING

The Project Implementation Unit (PIU) will hire a suitably qualified external social auditor with significant experience in resettlement to carry out two reviews annually with reviews focusing on the assessment of compliance with social commitments contained in Kenyan legislation, in the World Bank Principles, in this Resettlement Action Plan(s), in the ESIA and its attached action plans, and in the Social Management Plan.

Objectives of these six-monthly reviews are as follows:

 To assess overall compliance with the RAP and other social commitments made in the Environmental and Social documentation,  To verify that measures to restore or enhance Project-Affected Peoples’ quality of life and livelihood are being implemented and to assess their effectiveness,  To assess the extent to which the quality of life and livelihoods of affected communities are being restored in an appropriate manner.

Beyond commitments identified in this Resettlement Action Plan, this review will also assess overall compliance with other mitigation measures to address non resettlement-related social impacts described in the ESIA, the ESMP and the Contractor Plans. The types of commitments that will be verified by the external monitoring expert include the following:

 Pollution prevention - dust and noise management in communities,  Community safety - awareness raising programs in communities on communicable diseases; community awareness of project traffic routes and traffic safety briefing,  Infrastructure and services - reinstatement of damaged infrastructure and compensation process; and roads shared with the public are maintained in reasonable condition  Community liaison - community awareness of project activities; complaints procedures; camp rules; recruitment process; project traffic speed limits; pre-warning of blasting, noisy activities and other planned disruptions; procurement process and regular community meetings and access to community liaison officers,

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 Grievance management – follow up of grievances reported; accessibility of Community Liaison Officers; community awareness of complaints procedures and complaints close out.

External monitoring reports will be prepared independently by the reviewer and released to the lenders and to the public after review by PIU for factual accuracy.

8.4 Resettlement Completion Audit

The purpose of the Completion Audit is to verify that Proposed Project has complied with resettlement commitments defined by the RAP, and more generally if compliance with World Bank procedures on involuntary resettlement is always warranted. Reference documents for the Completion Audit are the following:

 This Resettlement Action Plan,  Kenyan laws as they are described in Section 3 of this RAP,  Reference policies contained in World Bank procedures related to involuntary resettlement.

The Completion Audit has the following specific objectives:

 General assessment of the implementation of the RAP against the objectives and methods set forth in the RAP,  Assessment of compliance of implementation with laws, regulations and safeguard policies;  Assessment of the fairness, adequacy and promptness of the compensation and resettlement procedures as implemented;  Evaluation of the impact of the compensation and resettlement program on livelihood restoration, measured through incomes and standards of living, with an emphasis on the “no worse-off if not better-off” requirement; and  Identification of potential corrective actions necessary to mitigate the negative impacts of the program, if any, and to enhance its positive impacts.

The Completion Audit will be based on documents and materials generated by internal and external monitoring. In addition, auditors will make their own assessments, surveys and interviews in the field and with Project-Affected- Persons.

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9.0 PUBLIC CONSULTATIONS AND DISCLOSURE

Public consultation was important for soliciting the opinion of the project affected persons about the project impacts and compensation payments. Meaningful consultation has been carried out with relevant stakeholders.

Consultations with stakeholders were initiated with preliminary meetings with County Government leadership and other stakeholders within Juja and Thika Town. The consultants conducted series of meaningful consultations with a broad range of stakeholders, including state and county authorities, local administration, non-Governmental organizations, Community Based Organizations, youth organizations, Ruiru - Juja Water and Sewerage Company (RUJWASCO) ,Thika Water and Sewerage Company (THIWASCO) and market associations in the project. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the affected people.

Figure 15: Public Baraza / meeting in Kimuchu village, Witeithie location In each area, the RAP consultants and the valuation experts conducted open forums with the PAPs to inform them about the sewerage project and the need for some of them to either shift or get relocated away from the right of way. Transect walks, where possible were conducted and observations were made on physical and environmental conditions.

The Consultants were very consistent with this approach to ensure that all stakeholders are adequately briefed about the project and their suggestions and inputs are included in the project. This approach will further strengthen the sustainability of the project.

During consultation meetings, the PAPs recognizes that they have encroached on the public way leaves such as riparian land and are wiling to remove their structures and crops to pave way for the

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9.1 CONSULTATION OUTCOMES

A wide range of public was consulted on the proposed project. These people gave a candid view of the proposal. The views reflect different interests and positions in the community. They expressed appreciation to the proponent for the proposal. The following is the summary of issues emerging from consultations: Positive impacts

i. Employment This is a key benefit of any project that host communities can gain from a proposed project. They thus expressed the need for the proponent to observe the following with regard to employment. . Those responsible for project implementation ensure that youth from the area are given priority in recruiting labour force. They were emphatic especially on the recruitment of manual labour. . While recruiting employees during the operation phase there is need to consider local population skilled in various issues. ii. Mutual respect With the new found relationship between the community and proponent, respect was paramount for the success of the proposed project both in the short and long term. They noted that this is a key aspect of sustainable enterprises. iii. Participation in the life of the community The proponent has become part and parcel of the local community. There is thus need to fully participate in the life of the local community in improving their standards of living. iv. Implementation Given the immense benefits that the proposed project will produce, the community members urged the proponent to hasten so that the community can start benefitting from it. Those living in towns are especially very keen on the sanitation aspect. v. Manual labour As much as is practically possible, machinery should not be used where manual labour can be used to increase employment opportunities for the community. vi. Remuneration Contractors should be advised not to underpay local people who will be employed on casual basis. vii. Peaceful coexistence and Open communication To avert unnecessary conflicts, there is need for prompt communication to all stakeholders. This could be through the use of the local administration and other such fora. Any

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information or clarification about stakeholders’ position on project need to be promptly availed to any interested party. viii. Project acceptance and support There was a unanimous support for the proposed project. This was as a result of clear explanation of what is proposed and the way forward in the implementation process. The community understood that the project is feasible in all aspects. In addition, the project will spur growth in the area. The local administration indicated that the entire community would support the project as long as it promoted development in the area. The community has no objections for the project since there are similar projects in other parts of the country that have benefitted the residents. In addition, the fact that access to water and decent sanitation is a right enshrined in Constitution of Kenya. The community thus embraces the project which will go a long way in making this right a reality.

The community also expressed concerns related to undesirable impacts from the proposed Juja – Thika South Sewerage Project. These varied from location to location and were greatly a function of the socio-economic characteristics of the area.

i. Pollution of surface water This concern emerged in Kimuchu, Witeithie, Athena and Murera. As of now, there is a large population that has no piped water and relies on streams, wells and rivers in the area.

ii. Displacement Kimuchu, Witeithie, Athena and Murera again led in this concern. It emerges from the fact that the plots are too small (30feet by 60feet on average). The concern is that laying trunk sewers may displace some of the residents from their plots.

iii. Change of user In Ngoingwa/Mang’u Investment area, this was the main concern. Currently, the laws allow only single dwellings. With the sewerage system, change of user will be easily granted allowing for construction of flats. Those who have invested in domestic houses felt they will lose privacy as a result.

RAP Team explained the proposed mitigation measures to their concerns among other potential negative impacts. This allayed fear from the community.

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10 .0 IMPLEMENTATION OF THE RAP

 Preparation of RAP  Consultation and Disclosure of RAP  Audit of the PAP register and compensation package due to each PAP  Signing of agreements on compensation packages by PAPs  Resolving emerging grievances  Compensation and/or Supplementary assistance  Notification of PAPs to relocate  Commencement of project operations  Monitoring and evaluation, including baseline update

Table 11: Implementation Schedule

Activity Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Preparation of RAP Disclosure of the RAP Report Audit of the RAP report to verify PAP and compensation details Signing of compensation and relocation assistance agreements Resolution of conflicts and Grievances Payment of compensation to PAPs and facilitation of relocation Issuance of notices for relocation Commencement of works Monitoring of the resettlement activities

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APPENDICES

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APPENDIX 1 LIST OF CONSULTATION MEETINGS

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STAKEHOLDER WORKSHOP REPORT SENATE HOTEL, JUJA 1 INTRODUCTION

The workshop brought together stakeholders from different organizations and aimed at informing stakeholders of progress to date for the on-going Phase I Sewerage Project and to seek views regarding the pre-feasibility study findings for Phase II.

1.1 WORKSHOP OBJECTIVES

The objectives of the workshop were lined out as follows: . To inform stakeholders of progress to date of Phase I Project . To seek views regarding the proposed pre-feasibility study options . Receive queries from participants . Build consensus among stakeholders . Consolidate the commitment of stakeholders to the Project

1.2 WORKSHOP OUTPUTS

The expected outputs were: . Stakeholders Concerns . Consensus . Way Forward

1.3 WORKSHOP PARTICIPANTS

The workshop was attended by representatives from:- . Ministry of Lands, Urban Development & Housing . Kiambu County Government . County Representatives, Provincial Administration . Athi Water Services Board . Ruiru-Juja Water & Sanitation Company (RUJWASCO) . Thika Water & Sanitation Company (THIWASCO) . JKUAT . FRAME Consultants Ltd

The full list is attached below.

2 WORKSHOP PROGRESS

2.1 OPENING SESSION

Ms Nyambura Mugo of Athi Water Services Board gave the opening remarks on behalf of

Ministry of Lands, Housing & Urban Development and Athi Water Services Board. She thanked the participants for taking their time to attend the workshop and assured them that both the Ministry and the Board, as the programme executing agency, were committed to

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ensuring that the on-going Phase I Sewerage Project and proposed studies & design for Phase II became a success.

Brief opening remarks were thereafter made by RUJWASCO MD Eng. Mungai, THIWASCO MD Eng Njoroge and the representative from Directorate of Nairobi Metropolitan Development.

2.2 PRESENTATIONS MADE

The participants were taken through presentations as follows:

2.2.1 County Brief by Hon. Esther W Njuguna (County Executive Member for Water, Environment & Natural Resources) Focus was on:- . Kiambu County Governments Mission & Vision . Size and Location of Kiambu County . Population of the different towns within the County

2.2.2 Brief by Eng. Samuel Mbachia (Athi Water Services Boards) Focus was on:-

AWSB Mission and Vision Over view of completed and on-going projects within the Boards Jurisdiction . Brief Overview of Ruiru-Juja-Thika Sewerage Project . Project challenges, impacts and way-forward

2.2.3 Project Presentation by Eng. Bernard Wanjohi (FRAME Consultants Ltd) Focus was on:- . Project Summary of the on-going implementation of Phase I Sewerage Project . Presentation on the current WSS situation as well as the existing water supply and sanitation facilities within the project Area of Phase II . Proposed Water Supply and Sanitation interventions were given. The Consultant pointed out that feasibility studies for short(Phase IIA), medium(Phase IIB) and long-term(Phase IIC) will be considered and the best alternative recommended based on the available budget for the works . Projected population, projected water demand as well as the projected sewerage demand upto the year 2035 was given . Planned Resettlement Action Plan and . Environment Impact Assessment

2.3 QUERIES & COMMENTS ON FCL PRESENTATION

THIWASCO: - Are Landless and Ngoingwa Estates catered for in the Consultant’s Sewerage Plans for Thika?

FCL: -One side of Ngoingwa Estate will be covered under Phase IIA through Komu River TS. The other side could only be covered under Thika North (Phase III). Landless Estate FRAME Consultants Ltd 82 Final RAP Report

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will not be part of Phase IIA. This is due to the fact that the Consultant is considering rehabilitating and expanding the Existing Sewage Treatment Works to cater for flows from Komo River Drainage Basin. Landless Estate is outside this Drainage Basin. The Consultant is, however, in discussion with AWSB for studies to be done to look into possibilities of integrating Northern and Southern Parts of Thika under Phase III of the Works. Land has already been set aside for Sewage Treatment Works at Nanga for this purpose.

THIWASCO: Could the Consultant clarify why Nanga Site where Land is available is not an Option for location of a STW instead of consideration of the Munyu STW?

FCL:-Nanga Site is to the North of the Thika Town. This site as an option is being looked at for future and ultimate flows (Phase IIB &IIC) and would adequately cater for the Thika North and a section of Thika South. The Budget available may only be able to cater for rehabilitation and expansion of the Existing Thika STW. The Consultant is, however, in consultation with AWSB on the need to look into the possibility of integrating Northern and Southern Parts of Thika under Phase III of the Works

Kalimoni County Rep: - Are Project Affected Persons going to be compensated?

FCL:-Modalities for identification and compensation of project affected persons will be looked at exhaustively in the Resettlement Action Plan to be prepared.

Kalimoni County Rep: What Criteria is the Consultant using to identify priority areas for Sewer Coverage?

FCL: -The following Criteria is being used . Where most of the population has settled . Where future developments are expected

Kalimoni County Rep: How are the people of Kalimoni going to benefit from the Project?

FCL:-Benefits to the Residents will be as follows:- . Increased commercial development . Increase in land value . Reduction in water borne diseases

Kalimoni County Rep: Why has the Master Plan which was completed in 1998 taken so long to implement?

FCL:-The Master Plan is being implemented in phases, although behind schedule.

JKUAT Representative:- The proposed plan for Juja Sewerage as indicated in the provided drawings are considerate of JKUAT and the Institution is therefore supportive of the On- going study and future implementation.

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JUJA Residents Association Representative: The Residents of Juja and its environs are happy with the planned developments and will be happy to give any assistance required by the consultants.

Kiambu County Governor: The County Government appreciates the intervention by the World Bank, AWSB and the Ministry of Lands, Housing and Urban development in the implementation of sewerage systems for the Residents of Ruiru, Juja and Thika. The County Government will assist in every way to ensure the projects are implemented without hindrance.

3.0 EMERGING ISSUES

At the end of the workshop, the following were identified as the emerging issues that needed to be addressed:-

. Pieces of land donated by individuals to be identified and secured . Land proposed for STW to be acquired without further delay . Locals’ participation during implementation of the projects . Acquisition of way-leaves . Integration of Thika South and North to be considered in the Feasibility Study

4.0 CLOSING REMARKS

The workshop was officially closed by Hon. Esther W Njuguna (County Executive Member for Water, Environment & Natural Resources) on behalf of the Governor, Kiambu County.

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TELEPHONE- S.NO NAME ORGANIZATION/COMPANY ADDRESS MOBILE NO E-MAIL ADDRESS 1 Hon William Kabogo Governor Kiambu County 2344 - 00900 Kiambu

2 Esther Njuguna County Executive Member 2344 Kiambu 0703 664891 [email protected]

3 WincateW.Kiawe Office of Governor 71796 Nairobi 0718-449911 [email protected]

4 Eng. R.G Ngigi Engineer Juja Kiambu County 1170 Thika 0722-859704 [email protected] 5 Andrew .V Kimani Kiambu County Thika 0722-367893

6 Mary Chege Kiambu county 0719-161298 [email protected]

7 Eunice Karoka Kiambu County 4433 Kiambu 0703-664745 [email protected]

8 Maryanne Wanjema Kiambu county Thika 0724 507021 [email protected]

9 Isaac Kinuthia MCA 0722-589327 [email protected]

10 George Kioi MCA 0728-363853 [email protected]

11 Hon Emily Warutere MCA 2408 Thika 0722-312533 [email protected] Hon. Mwangi

12 Wamwangi MCA 4557 Thika 0725-379090 [email protected] 13 Patrick Chege MCA 0712 294915 0712-294915

14 Hon. Michael Waweru MCA 170 Kiambu 0724-246608 [email protected]

15 Hon George Gitau MCA 1560 Ruiru 0713-026783 [email protected]

16 Joel Waichere MCA 71796 Nairobi 0722-821210 [email protected]

17 S.P Muiruri MCA Witethie 7032 Thika 0725-888996 [email protected]

18 Fredrick Azelwa MSCA 274-Ruiru 0724 432915 [email protected]

19 Paul C. Mburu MCA 0720 701867 [email protected] Hon Samuel Gitau

20 Munene MCA - Juja Ward 534 Kalimoni 0728 667611 [email protected] Transport Coordinator

21 Dr. Jane Njuguna Kiambu 1905 Kiambu 0723-324039 [email protected] Planner Peter M

22 Mwaura Nairobi metropolitan 30130 Nairobi 0722-7251116 [email protected]

23 Wamugunda E.N Nairobi metropolitan 30130 Nairobi 0722-679219 [email protected]

24 Eng Samuel Mbachia AWSB 45283-00100, Nairobi 0723 794061 [email protected] 25 Nyambura Mugo AWSB 45283-00100, Nairobi 0715 688272 [email protected]

26 Rodgers Aguda AWSB 45283-00100, Nairobi 0722 885418 [email protected]

27 Cynthiah M Muthiani AWSB 63 Matiliku 0726 798341 [email protected]

28 Erastus Muturi THIWASCO 6103 Thika 0722-621641 [email protected]

29 Michael Njoroge THIWASCO 6103 Thika 0724-805616 [email protected]

30 Peter Kamau THIWASCO 6103 Thika 0721-578263 [email protected]

31 K.M Njoroge THIWASCO 64 Thika 0722-718308 [email protected]

32 Tabitha Gachanja THIWASCO 6103 Thika 0721-724370 [email protected]

33 Dr. George K Karanja THIWASCO 1431 Thika 0722 231971 [email protected] Stephen Kamau

34 Njoroge THIWASCO 1431 Thika 0735 877939 [email protected]

35 Mohamed Maina THIWASCO 1431 Thika 0720 819326 [email protected] 36 Jacob M. Ngari RUJWASCO 1165 - 00232 Ruiru 0720 906008

37 Eng G. Mungai RUJWASCO 1165 - 00232 Ruiru 0722 378872 [email protected]

38 Elizabeth N. Kungu Ruiru Sub County Water 140 - 00232 Ruiru 0721 563403 [email protected]

39 Francis M Kamau Thika East Sub County Water 430 Thika 0721 228141 [email protected]

40 Peter M kubunya Thika West Sub County Water 430 Thika 0716 344338 [email protected] 41 Samuel Ikuomboh Ruiru Sub County Water 140 - 00232 Ruiru 0728 338941

42 Elizabeth Mbuthia Ruiru Sub County Water 140 - 00232 Ruiru 0720 345319 [email protected]

43 Eng C.K Kabubo JKUAT 62000 - 00200 Nbi 0722-825927 [email protected]

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44 Stephen Njoroge JKUAT 62000 - 00200 Nbi 0710-633925 [email protected]

45 Anne Seth JKUAT 62000 - 00200 Nbi 0733-002209 [email protected]

46 Dennis Murito JKUAT 104716 00100 0713 998144 [email protected]

47 Christopher Nganga Juja Constituency Office 434 Kalimoni 0724-325694 [email protected]

48 MuigeRugare Juja Residents Association 496 Kalimoni 0721-577125 [email protected]

49 MuigaRugara Juja Residents Association 496 - 01001 Kalimoni 0721 577125 [email protected]

50 James Njuguna Juja Residents Association Juja 0720-492968 [email protected]

51 Geoffrey Wachira WRMA 1864 Thika 0721-621418 [email protected]

52 Mwaura Murigi WRMA 1864 Kiambu 0735-498844 mwauramurigi@gmail com

53 Jonathan Mwaura Thika WRUA 916 Thika 0722-2912036 [email protected] 54 Daniel K.Kaagi Lower Chania WRUA 1333 Thika 722-177768

55 F.N. Mwangi Ministry of Health 39 Kiambu 0721 665151 [email protected]

56 Antony Kioko GBS tv 0728-333200 [email protected]

57 Samuel Opejwa GBS tv 0717-686566 [email protected]

58 George Owino GBS tv 0718-178457 [email protected]

59 George Millah GBS tv 0721-815275 [email protected] 60 Joseph K Mwangi JIRA 6432 Thika 724-881694

61 Lucy Murithii Media 0725-966242 [email protected]

62 Milton Omondi Nation Media 077-1056110 [email protected]

63 Oliver Musembi Nation Media Thika 0722-684136 [email protected]

64 David Sitengo QTV/NTV 0726-571430 [email protected]

65 James Onnyango QTV/NTV 0723-398313 [email protected]

66 Henry Owino Star 0720-874972 [email protected]

67 Ronald Monoh Star 073-1677252 [email protected]

68 Samson Wire the Sunday Express 0720-99037 [email protected]

69 Erick Ludena the Sunday Express 0710-388827 [email protected]

70 JosphatMaguda BHB Radio/90.7 fm 0716-213409 [email protected]

71 Sylus Muturi Capital fm 077-6284531 [email protected]

72 Michael Macharia Kiss fm 0722-542573 [email protected] 73 Alfred Sore KNA 0721-641918 shighai [email protected]

74 Danel Munene KNA 0722-772432 [email protected]

75 Juma Kuayara Radio One fm 0723-548267 [email protected]

76 Isaac Meso Standard 0714-639821 [email protected]

77 Kamau Machihe Stardard Media 0725-821356 kmchume@gmail .com

78 George Millah Press 0721 815275 [email protected]

79 E.W Mwangi 95 Kalimoni 0729-22054 [email protected]

80 Rev. Peter Ngugi ACK Thika 24 Thika 0720-327714 [email protected] 81 Patrick Mutheri CBO 0733-270858

82 Daniel Mbugua Del Monte 147 Thika 0721-712202 [email protected]

83 Charles Wachira Mudtech Builders Ltd 2598-Thika 0722-774389 [email protected]

84 George Njoroge Prison Thika 95 Thika 0722-852869 [email protected]

85 Christine Wanjiru FRAME Consultants Pension Towers 3rd Floor 077-5030467 [email protected]

86 Duncan Kamau FRAME Consultants Pension Towers 3rd Floor 072-0104815 [email protected]

87 Bernard Wanjohi FRAME consultants Pension Towers 3rd Floor 0722-398410 [email protected]

88 Jeremy Thuku FRAME consultants Pension Towers 3rd Floor 0720-322228 [email protected]

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PROPOSED JUJA – THIKA SOUTH SEWERAGE PROJECT

MINUTES OF THE SENSITIZATION MEETING HELD ON 12th JUNE 2015 AT JUJA CHIEF’S OFFICE AT 10.00AM

PRESENT

1. Iddah Muchena : Frame Consultants 2. Anne Kawira : Frame Consultants 3. Charles Chege : Chief - Juja

Agenda

1. Brief introduction of upcoming Juja – Thika South sewerage project 2. Project affected persons 3. AOB

1. Introduction of Juja – Thika South sewerage project and treatment plant

Frame Consultants representative facilitated a sensitization meeting with the local Administrators (chief) on the upcoming project. An emphasis was made on the sewerage trunk lines and the treatment plant so as to provide a platform for expression of overall opinions, matters and concerns of the project to the community.

The leader was also sensitized on importance of the project to the community and impacts of sewerage treatment plant proposed to be put up in Gatong’ora location in Ruiru.

2. Project affected persons

It was made clear that all persons affected shall be compensated by the client .It was, however, noted that compensation would depend on the losses suffered and the type of property affected.

It was noted that eligible criteria shall be followed during the time of clearing way leaves and compensation. There shall be no forceful evictions, but agreement between the landowners and the client.

A transect walk was done where the chief assisted in identifying the parcels of land to be affected by the project. This was done from Oasis village to the bypass. The chief suggested that the PAPS should be given notices as a form of project sensitization.

3. AOB.

The chief acknowledged that it was a project that would be beneficial to the community and pledged his support in sensitizing the community members.

There being no other business, the meeting adjourned at 11.00 pm.

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PROPOSED JUJA – THIKA SOUTH SEWERAGE PROJECT

MINUTES OF THE SENSITIZATION MEETING HELD ON 12th JUNE 2015 AT MURERA CHIEF’S OFFICE FROM 12.00PM

PRESENT

1. Jeremy Thuku: Frame Consultants Ltd 2. Iddah Muchena: Frame Consultants Ltd 3. Anne Kawira: Frame Consultants Ltd 4. Kamau: Chief - Murera

Agenda

1. Brief introduction of upcoming Juja – Thika South sewerage project 2. Project affected persons 3. AOB

1. Introduction of Juja – Thika South sewerage project and treatment plant

The design Engineer gave a presentation of the upcoming project and pointed out the potential impacts of the project. An emphasis was made on the sewerage trunk lines and the treatment plant so as to provide a platform for expression of overall opinions, matters and concerns of the project to the community.

2. Project affected persons

It was noted that the interceptor trunk line has been designed to pass through private land hence the need for acquisition. The chief noted that there was an alternative route that could be used instead of using private lands. He was told that a follow up would be made to put the suggestion into consideration.

The RAP team explained that all persons affected shall be compensated by the client .It was, however, noted that compensation would depend on the losses suffered and the type of property affected.

Eligible criteria shall be followed during the time of clearing way leaves and compensation. There shall be no forceful evictions, but agreement between the landowners and the client.

4. AOB There being no other business, the meeting adjourned at 1.00

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Consultation records with PAPs whose land will be affected by the trunk sewer in Theta Location (Meeting held in Theta Secondary School on 22nd July 2015) PRESENT

1 Peter M. Kamau ( Chief – Murera) 2 Francis Kinuthia Thumbi (Theta Ward Adminstrator) 3 Mary Mwangi (Member of WRUA) 4 George Mbugua ( Board Chairman – Theta Secondary School) 5 Dr. Joseph K.Nganga – Sweet Waters Company 6 Iddah Muchena (Frame Consultants Limited) 7 Anne Kawira (Frame Consultants Limited) 8 See the attached PAPs attendance sheet

AGENDA

 Prayers and introduction  Sensitization of the project and its impacts  PAPs Expectations  AOB

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ITEM AGENDA DELIBERATIONS NO

1 Prayer and Introduction

 The meeting convened at 10.00am, chaired by Chief Kamau (Theta Location)  It was opened with a word of prayer by one of the Community members.  After self-introduction, the Chief handed over the meeting to Chair to drive the agenda 2. Sensitization of the project and its The participants, who were mostly land impacts: owners along Theta River, sited that they understand the project and they support it An overview of the project was done fully. However they were keen on and the possible impacts pointed out. compensation of their crops which they Some of the impacts noted include but were willing to negotiate with the not limited to: Employment, reduced government pollution and improved health, impacts on crops and land, noise and air pollution. Measures will be taken to mitigate the negative impacts. The project is for the good of the community and thus the need to embrace it.

3 PAPs Expectations: The PAPs stated that they have supported the project; therefore the Contractor The PAPS stated some of the should engage the locals in terms of following as their concerns: manual labour.

 Employment of the locals The PAPs enquired on what methodology

would be used to determine the extent of riparian. It was noted that it was the responsibility of WRMA to do so and  Extent of Riparian Reserve thus they will be engaged for the same purpose.

They also wanted to know if compensation would be done on the land or crops. They were informed that there will be no acquisition of land thus compensation will just be done on the crops along the riparian. It was noted that  Compensation in case the Contractor interferes with any

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piece of land which is not within the riparian reserve , it will be dealt with on a individual case The residents expressed their fears on the safety of the river water in case of poor working standards or sewer bursts in the future .They were assured that the works will be done by a

qualified Contractor and there will be a supervision team on the ground that will be monitoring the works.

The residents were warned against encroaching the sewer lines in future as this is another way of interfering with the

same. Cases and incidents to be reported to RUJWASCO as the project will be handed over to them upon completion.

The PAPs stated that the dominant type of soil in the area is cotton soil and  Safety of the river therefore the Contractor should ensure land reinstatement will be properly done after construction works They were informed that that would be catered for in the Environmental Component of the

project.

The residents wanted to know how they can be connected to the sewer line. They were informed that RUJWASCO would be in charge of the same.

The PAPs wanted to know how they will be represented in the project. They were informed that there will be a committee of community representatives which they will appoint among themselves. This committee will help in solving disputes and any other issue relating to the project.

 Land restoration

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 Connection to the sewer

 Community Participation

4 AOB:

The consultations with the residents will be a continuous process throughout the project cycle.

Having no other business, the meeting was adjourned at 11.45am.

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Consultation records with PAPs whose land will be affected by the trunk sewer in Komo Location on 26th July 2015 at Kimuchu Open Grounds. PRESENT 1. James Gitau (Ass.Chief – Witeithie) 2. Iddah Muchena (Frame Consultants Limited) 3. Anne Kawira (Frame Consultants Limited) 4. See the attached PAPs attendance sheet

AGENDA  Prayers and introduction  Sensitization of the project and its impacts  PAPs Expectations  AOB

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ITEM AGENDA DELIBERATIONS NO 1 Prayer and Introduction  The meeting convened at 4.30pm, chaired by the Chief  It was opened with a word of prayer by one of the Community members.  After self-introduction, the Chief handed over the meeting to the chair to drive the agenda 2. Sensitization of the project and its impacts: An overview of the project was done and the possible impacts pointed out. Some of the impacts noted include but not limited to: Employment, reduced pollution and improved health, impacts on crops and land, noise and air pollution. Measures will be taken to mitigate the negative impacts. The project is for the good of the community and thus the need to embrace it. 3 PAPs Expectations: An ESIA study has been done to make sure that the works The PAPS stated some of the following as their will be done in a way that concerns: takes care of the environment  Pollution in case of sewer burst and to ensure mitigation of the negative impacts that the project might have on the

environment. They were assured that the works will be done by a qualified Contractor

and there will be a supervision team on the ground that will be monitoring the works.

Cases and incidents to be

reported to THIWASCO as the project will be handed over to them upon completion.

A resident sought to know whether the project was working with the department of Public Health.  Stakeholders Participation It was noted that different

stakeholders have been considered in every aspect

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and the Public Health department is one of them.

They were also informed that

there will be a representation of the PAPS by a committee which they will appoint

among themselves. This committee will be used to solve disputes and other

issues related to the project.

 Employment of the locals The PAPs stated that they

have no objection to the project thus the locals should be given job opportunities

once the works begin especially the young people.

 Riparian Reserve The PAPs enquired on what methodology would be used to determine the extent of

riparian. It was noted that it was the responsibility of WRMA to do so and thus they will be engaged for the same purpose.  Compensation The PAPs expressed their concerns on the structures that have been done on the riparian. They were informed that such cases will be dealt with at an individual level. It was emphasized that compensation will be done only on crops within the  Connection to the sewer working area.

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The residents wanted to know how they can be connected to

the sewer line. They were informed that THIWASCO would be in charge of the same. 4 AOB: A resident sensitized the attendants on the riparian reserve citing that it’s a government land. Having no other business, the meeting was adjourned at 6.00pm

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Consultation records with PAPs whose land will be affected by the trunk sewer in Mugutha Location on 29th July 2015 at the Assistant Chief’s Office.

PRESENT

1. Eddah W.Kahindu – Ass.Chief Mugutha 2. Iddah Muchena (Frame Consultants Limited) 3. Anne Kawira (Frame Consultants Limited) 4. See the attached PAPs Attendance Sheet

AGENDA

 Prayers and introduction  Sensitization of the project and its impacts  PAPs Expectations  AOB

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ITEM AGENDA DELIBERATIONS NO

1 Prayer and Introduction

 The meeting convened at 10.50am, chaired by the Assistant Chief  It was opened with a word of prayer by one of the Community members.  After self-introduction, the Assistant Chief handed over the meeting to Frame Consultants representatives. 2. Sensitization of the project and its impacts:

An overview of the project was done and the possible impacts pointed out. The chair informed the attendants that the project will have both positive and negative impacts and the necessary measures will be taken to mitigate the negative impacts. Some of the impacts noted include but not limited to: Reduced pollution, increase in the value of land, improved health, impacts on crops and land, noise and air pollution.

The attendants were informed that compensation will only be done on crops that will be within the riparian area and especially on those that will be in the specified working area.

The project is for the good of the community and thus the need to embrace it.

3 PAPs Expectations:

The PAPS stated some of the following as their concerns: The PAPs sought for a  Extent of riparian reserve. clarification on how the riparian reserve will be determined.

It was made clear that WRMA

is the body in charge of the same and they will be involved in the process.

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 Connection to the sewer The residents wanted to know how they can be connected to the sewer line.

They were informed that

RUJWASCO would be in charge of the same and that any connection should be done upon completion of the project.

Some of the PAPs indicated  Structures on the riparian that there is encroachment on the riparian where some people have erected permanent structures.

They were informed that riparian reserve is owned by the government and such encroachment should be condemned. Such cases will be dealt with at an individual

level in the implementation phase. Residents were warned against such and encouraged to educate their neighbors about the same.

They were also informed that  Community Participation there will be a representation of the PAPS by a committee which they will appoint among themselves. This

committee will be used to solve disputes and other issues related to the project.

The PAPs appreciated the fact that they were considered as one of the stakeholders in the

project.

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The attendants wanted to know who exactly will be  A sketch map of the affected Parcels affected so that they can be in

the know how.

It was noted that the project is at the design stage and a times routes may change due to some factors. Therefore, such details will follow later as

consultation with the community is a continuous process.

4 AOB: The residents supported the project. NEMA and WRMA offices to do a visit in the area and educate people on conservation of wetlands.

Having no other business, the meeting was adjourned at 12.20pm

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Consultation records with PAPs in Kalimoni Location on 26th July 2015 at Kalimoni Open Grounds (Juja – Thika South Sewerage Project) PRESENT

1. Veronicah Munyiri (Sub – Chief) 2. Jeremy Thuku (Frame Consultants Limited) 3. See the attached PAPs attendance sheet

AGENDA

 Prayers and introduction  Introduction of the project and its impacts  PAPs Expectations  AOB

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ITEM AGENDA DELIBERATIONS NO

1 Prayer and Introduction

 The meeting convened at 4.00pm, chaired by the Sub Chief  It was opened with a word of prayer by one of the attendants  After self-introduction, the Chief handed over the meeting to the chair to drive the agenda 2. Introduction of the project and its impacts:

An overview of the project scope and the duration was done .The possible impacts were highlighted and it was noted that impacts are both positive and negative .Necessary measures will be put in place to mitigate the negative ones. The PAPs were informed that they were among the important stakeholders and thus Public Participation was important.

The project is for the good of the community thus the need to embrace it.

3 PAPs Expectations:

The PAPS stated some of the following as their concerns: An ESIA study has been done  Pollution in case of sewer burst to make sure that the works will be done in a way that takes care of the environment

and to ensure mitigation of the negative impacts that the project might have on the environment. They were assured that the works will be done by a qualified Contractor and there will be a supervision team on the ground that will

be monitoring the works.

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The residents supported the project and requested for  Connection to the sewer connection to all households.

They were informed that they were beneficiaries of the

project. Upon completion, the project will be handed over to RUJWASCO who will be in charge of the same.

The attendants welcomed the project and agreed that it was viable for their Community.

4 AOB:

Having no other business, the meeting was adjourned at 6.00pm

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APPENDIX 2 PROJECT AFFECTED PEOPLE LIST NGOINGWA

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Ngoingwa Project Affected People List:

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List of PAPs at Thika Treatment Plant in Kiganjo Area

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APPENDIX 3 VISUAL ILLUSTRATION OF RAP REQUIREMENTS OF THE PROPOSED JUJA – THIKA SOUTH SEWERAGE PROJECT

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Example of crops and trees to be affected in the proposed project area

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Some of the permanent residential structures / buildings on the riparian reserve in the project affected area.

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Confluence of Theta and Thiririka Rivers and Mugutha and Theta Rivers

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Part of land to be acquired for the Interceptor Trunk Sewer in Ndaraca Village,Murera Location and KPLC wayleave leading to the treatment plant in Gatongora Location in Ruiru.

APPENDIX 4

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CROP SCHEDULE (CROP COMPENSATION RATES FOR THIKA DISTRICT)

CROP COMPENSATION RATES (KSHS) AS PER CROP AND TECHNOLOGY ADOPTED BASED ON PRODUCTION COST AND MARKET VALUES

Crop Young (R/P) Average(R/P) Mature (R/P) Maize 1.7 4.8 8 Beans 1.7 3 6 Kales 1 4 10 Avocado 170 350 700 Tomato 8 50 80 Spinach 1 7 12 French beans 1 3.5 4 Irish potatoes 2.2 4 8 Sweet potatoes 4.5 20 40 Onions 1 2 2.5 Brinjals 2 20 40 Capsicum 1 10 20 Mango local 60 500 800 Mango Exotic 100 1000 5000

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Pawpaw 80 250 350 Pigeon peas 1 4 5 Cowpeas 3 5 8 Sorghum 0.40 1 2 Millet 0.40 1 1.8 Cassava 10 15 20 Bananas 80 400 800

Note: Gravillea and blue gum young shs 855, average 2000 and mature 5000

R/P ....Rate per plant.

Comments

All rates are per plant except for beans, sweet potatoes, carrots, soya beans and cowpeas which are per square meter. Compensation rates for young and average age crops are based on cost of production. Compensation rates for mature crops are based on yields and market rates. Compensation rates are worked for the most suitable AEZ for that particular crop.

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APPENDIX 5 SOCIO – ECONOMIC BASELINE QUESTIONNAIRE

SOCIO - ECONOMIC SURVEY TOOL FOR AFFECTED HOUSEHOLDS JUJA – THIKA SOUTH SEWERAGE PROJECT PHASE 11

Date: ______

Name of enumerator: ______Questionnaire No._____

Name of the Project Area ______

1. BASIC SOCIO ECONOMIC INFORMATION OF THE PAPS Sex of household head: M F Age of household head: ______

No. of household members: Males Females

Number of household members eligible for special treatment (i.e. vulnerable): ______

Elderly Widow Orphan Disabled

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Terminally ill for more than three months

Number of Years you have stayed in the Project Area: ______

Education level of household head:

Primary Secondary University None Other

Affected assets (indicate number and/or extent):

Land Business House

Structure Trees Crops

Others (specify):

2. LIVELIHOOD

Income sources of household

S/N Income Source Tick where appropriate

1. Casual Labor 2. Employment 3. Farming 4. Business 5. Other

Income of household head (Monthly Income)

S/N Monthly Income Tick where appropriate

1. Less than 10,000

2. 10,001 – 15,000

3. 40,001- 50,000

4. Above 50,000

3. ACCESS TO PUBLIC SERVICES

S/N Services Service Type Tick to indicate use / availability

Water source for 1. drinking / cooking Rain water Tap water inside house

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Public tap water Canal, river, pond Hand dug well Borehole Others Water Source for 2. Cleaning Rain water Tap water inside house Public tap water Canal, river, pond Hand dug well Borehole Others 3. Toilet Pit Latrine Pour Flush Toilet Flush toilet No toilet/ Neighbor’s toilet Others Main Source of 4. Lighting Electricity Solar Energy Generator Battery Candles/ Kerosene Lamps None Main Source of 5. Cooking fuel Gas Kerosene Fuel Wood Electricity Others 6. Religion Chrisitan Islam Hindu Others 7. Health Services Clinic / chemist Dispensary HealthCare Hospital 8. Security Police Post Others Transport Car 9. Bus FRAME Consultants Ltd 134 Final RAP Report

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Motorcycle Bicycle Others 10. Shops Market Shops for Clothing Shops for food

4. COMPENSATION AND RELOCATION

Are you aware that land could be affected?

Yes No

Would you be willing to give up part of your land for the project if necessary?

Yes No

If yes, where would you like to be resettled? (Tick the answer/s)

i. Within the same land ii. In the same community area iii. To resettlement site, if available iv. The resettlement location does not matter v. Another area of my choice (please specify): ______vi. Do not know where to move

If no, please state why: ______

______

Which income restoration arrangement do you prefer?

Cash

In-kind If in kind, what is your suggestion? ______

Preferred compensation arrangement

Cash compensation:

In kind compensation: If in kind, what is your suggestion? ______

______

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5. PROJECT AWARENESS

Are you aware of the Proposed Juja - Thika South Sewerage Project?

Yes No

Will the Project benefit the community? Kindly State how

______

How did you hear about the Proposed Juja- Thika South Sewerage Project?

Thank you for your cooperation

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APPENDIX 6 THIKA SOUTH SEWERAGE SYSTEM TRUNK SEWERS

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Fig: Komu & Kamuguti Trunk Lines

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APPENDIX 7 INTERCEPTOR TRUNK SEWER ROUTE

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Fig: Interceptor Trunk Sewer routes

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Fig: Interceptor Trunk Sewer Routes

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APPENDIX 8 JUJA SEWERAGE SYSTEM TRUNK SEWERS

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Fig: Combined Thiririka, Theta & Interceptor Trunk Routes

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APPENDIX 9 RUIRU TREATMENT WORKS PHASE II FOR JUJA IN RUIRU

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Fig: Juja STW Layout at Ruiru

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APPENDIX 10 THIKA TREATMENT WORKS SITE PHASE II

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Fig: Thika South STW Layout

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APPENDIX 11 PROJECT AREAS

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Fig: Project Area within Kiambu County

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APPENDIX 12 COPIES OF LAND TRANSFER TO RUIRU MUNICIPAL COUNCIL

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APPENDIX 13 COPIES OF DOCUMENTS INDICATING THIKA TREATMENT WORKS SITE BELONGS TO THIKA MUNICIPAL.

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APPENDIX 14 LIST OF PROJECTED AFFECTED PAPS WITH CROPS

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THIKA TREATMENT PLANT CROP VALUATION

ID TOTAL NO: CONTACT PERSON CONTACT NO NUMBER COST

1 Stephen Kamau 0713706732 21877769 34,560.00

2 Leah Njeri Mburu 0728241185 10567106 3,456.00

3 Miriam Wairimu 0727320493 13321987 -

4 Josephine Wanjiku 0724570653 3473861 10,400.00

5 Lucy Wairimu Mburu 0728074983 2000101 3,367.00

6 Issac Kimani -

7 James Mwaniki -

8 Pauline Wanjiru 0719477384 -

9 Mary Muthoni Mutuota 0707443452 11372911 7,320.00

10 Joseph Chege Mwangi 0727435093 21120755 151,779.00

11 George Muchiri Kariuki 0702609080 0434596 21,268.00

12 Eunice Njoki 0713191745 26958787 22,010.00

13 Leonard Kibinge Mbugua 0726276636 7657932 35,189.00

14 Josephat Kiiru Maina 0720749464 22614350 42,700.00

15 Mary Nyambura Kiguru 0726504068 0794568 8,640.00

16 Mariam Wamwaka Ngugi 0718125977 30128312 1,276.00

17 John Wanjohi 0721929427 11247785 36,000.00

18 Bonface Waithaka 0728620482 22859177 56,923.00

19 Gladys Wanjiru Kinuthia 0724957545 11242257 41,144.00

20 Faith Kabura 0714370557 11251223 32,981.00

21 Patrick Kinyua Kamau 0723788806 22046441 4,871.00

22 Hannah Wanjiru Maina 0718374592 5352241 23,633.00

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23 Rebecca Wangui Wanjohi 0708319719 20623919 14,987.00

24 Lucy Muthoni 0727042542 11003824 21,510.00

25 Stanely Kimani 0727474688 1999002 84,509.80

26 Mary Wanjiru Kariuki 0721536546 11292849 296,180.40

27 Miriam Wairimu 0727324930 13321987 5,290.00 Ibrahim Ngaruiya/ Ann Wangui 28 Ngaruiya- wife 0721430632 1073306 117,425.00

29 Eunice Njoki 0713191745 26958787 59,400.00

30 Stephen Kamau 0713706732 21877769 176,420.00

31 Ibrahim Nganga 2 0720482634 9196785 121,168.00

32 Victor Kennedy Muriithi 0720595030 7411908 41,781.60

33 Rose Minayo Amrenga 2 0700332992 13801947 50,166.00

34 Leah Wanjiku Karari 0714406731 1106849 75,568.00

35 John Makumi Gatiri 08482104 722432476 39,907.00

36 Charles Mbugua Gachanja 0712244096 223338 73,600.00

37 Sarah Wangui Mugo 0702768776 29618994 66,512.00

38 Stephen Kariuki 0711773165 10874429 6,800.00

39 GodHand Mwaura 0704052902 7179523 81,270.00

40 Julius Kariuki 0723983005 21977161 110,805.00

41 Jane N Kimani 0727316396 36,625.00

42 Patrick Kimani 0707229015 22341343 23,922.00

43 Stephen Kilei 0711316701 29263373 39,421.00

44 Sophia Ngina 0721568622 9267552 138,705.00

45 Immaculate Njeri 0727578668 2016572 6,506.00

46 James Mburu 0722223797 4927411 33,405.00

47 Caroline Wamaitha 0725467592 31303013 110,873.00

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48 John Kimani Njoroge 0723352057 0284294 124,100.00

49 James Karanja Ngugi 0723368439 9090436 59,680.00

50 Rufus Gathogo 0720691714 2005375 17,192.00

51 James Karanja Ngugi 2 0723368439 9090436 162,165.00

52 Stephen Njoroge 0723930391 3,420.00

53 Sampele 0721866369 -

54 John Mbugua Muguchia 0715840497 8018361 13,120.00

55 John Kimani Njoroge 2 0723352057 0284294 354,425.00

56 Susan Wamaitha 0723737543 25,863.00

57 Wachiku 4,100.00

58 John Muturo Mwangi 0726962346 12991359 107,825.00

59 Patrick Wainaina Kabute 0721595934 7564925 9,460.00

60 Susan Wanjiku Muchoki 0720437047 9861133 10,320.00

61 Susan Wanjiku Muchoki 2 0720437047 9861133 51,203.00

62 Susan Wanjiku Muchoki 3 0720437047 9861133 60,604.00

63 Boniface Mungai 0722290790 10948948 17,367.20

64 Nancy Muthoni 0717820371 20337241 28,000.00

65 Paul Kimani 0725581414 7264299 28,000.00

66 Joram Kariuki Githinji 0727926626 7131951 54,400.00

67 Samuel Kariuki Githinji 0720646011 27655163 1,380.00

68 Jane Wanjiru Kungu 0725217296 10875453 49,600.00

69 Erick Ngugi Nganga 0721341371 7911405 15,800.00

70 Erick Ngugi Nganga 2 0721341371 7911405 28,080.00

71 Joram Kariuki Githinji 15,840.00

72 Susan Wairimu 0723356074 50,820.00

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73 Moses Muturi Mwangi -

74 Nancy Wambui Ndegwa 0723023307 27570320 20,020.00

75 Esther Muthoni Kamau 0726205101 8042860 10,780.00

76 Immaculate Njeri Kiarie 0727578668 2016572 -

77 Jane Wanjiku Chege 0728443900 1851554 30.00

78 Immaculate Njeri Kiarie 0727578668 2016572 8,400.00

79 Paul Kihugu 0728288607 9924026 26,600.00

80 Joe Murugu Nguuni 0713192399 28585086 4,000.00

81 Stanley Kimani 0727474688 199002 27,940.00

82 Mary Wanjiru Mbugua 0712244096 1859241 8,120.00

83 Margaret Waceke 0725550887 9237410 31,770.00

84 Benson Waweru 0727678084 23473338 6,156.00

85 James Kariuki 0717251121 5517201 1,459.00

86 Benson Waweru 2 0727678084 23473338 5.00

87 Charles Mwangi Rubia 0713302015 13509414 32.00

88 Simon Kanyuku 0727486195 120.00

89 Idda Wanjiru 0701907087 9009766 2,530.00

90 Wanjiru Nganga 0720895851 24035333 4,475.00

91 Jane Wanjiku Chege2 0728443900 1851554 640.00

92 Jane Wanjiku Chege2 0728443900 1851554 1,275.00

93 Josephine Gakenia Ndegwa 0721108849 21679152 1,260.00

94 Esther Karanja 4,600.00

95 Esther Wanjiru Nganga 2 0720895851 24035333 9,718.00

96 Nicholas Mbale Maingi 0715815479 24205464 73,512.00

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97 William Mutai 0722332707 11253334 3,000.00

98 Kelvin Mutugi Makumi 0717336458 32795400 24,375.00

99 Mary Wanjiru 0721702840 14,400.00

100 Boniface Waithaka 0728620482 11,240.00

101 Bernard Kariuki Theuri 0728868782 22586783 1,675.00

102 Samuel Mbugua Nganga 0705047102 31149768 18,920.00

103 Daniel Mbugua Muigai 0726049475 75240747 18,400.00

104 Godhared Mwaura Mungai 0704052902 7179523 1,000.00

105 Nicholas Mbale Maingi 0715815479 24205468 15,000.00

106 Simon Gitau 0724164600 13798194 17,900.00

107 Paul Maina Njuguna 0728342430 13663054 206,543.00

108 Esther Njoki Maingi 0710346697 76,229.00

109 Peter Kiyugu Njoroge 0726749074 11536977 234,660.40

110 Ann Wanjiru Maina 0718374592 53522241 1,350.00

111 Peter Kiyugu Njoroge 0726749074 11536977 236,588.00

112 Lucia Muchiri 0727737852 4243044 -

113 John Wanjohi 0721929427 196,300.00

114 Peter Burugu 13223639 60,540.00

115 John Wanjohi 2 67,280.00

116 Charles G Njuguna 0721826221 5212181 51,080.00

117 Lucy Wanjiru Mwaura 0737399654 11750247 57,855.00

118 Elizabeth Gathoni 0723035816 7328164 33,286.00

119 James Gitau 0703775995 214,210.00

120 Peter Mburugu Njenga 0725557703 13223639 60,320.00

121 Peter Irungu 0728458090 23074465 111,324.00

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122 Rahab Wairimu 0723807170 23480890 24,470.80

123 J.M Koigi 0720841736 29,523.40

124 Charles Irungu 722602945 7338565 22,500.00

125 John Mwangi 0713122394 16117319 64,570.00

126 Stephen Kamau Mwangi 0710224251 21573648 283,196.00

127 Moses Muturi Mwangi 0723310689 13413048 276,560.00

128 Bernard Kariuki Wambugu 0710553876 10876730 154,472.00

129 Bernard ctd 865.00

130 Raphael Mwangi 6,020.00

131 Miriam Wairimu 0727320493 13321987 18,006.00

132 Mary Wanjiru Kariuki 1 0721536546 11292849 37,723.00

133 Susan Wamaitha 0723737543 25,200.00

134 Mary Wanjiru Kariuki 3 0721536546 11292849 152,697.00

135 Paul Kanyora 0710738103 13727901 36.00

136 Paul Kanyora 2 0710738103 13727901 31,905.00

137 Bernard Kariuki 0728868782 22586783 231,475.60

138 Mary Wanjiru 170,173.00

139 Rosemary Wanjiru 0715846669 7669354 213,259.00

140 Joyce Waruguru Mbugua 0708623767 8632522 204,846.00

141 John Kamau Kimani 0717834232 7178391 204,856.00

142 Faith Kabura Mwangi 0714370557 11251223 1,400.00

143 Paul Wainaina Mbugua 0721796845 11153354 3,900.00

144 Joseph Chege Mwangi 0727435093 21120755 49,896.00

TOTAL COST 7,847,505.20

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KOMO RIVER TRUNK SEWER CROP VALUATION

ID NO: CONTACT PERSON CONTACT NO NUMBER TOTAL COST 1 Irene Nduta 0721698536 2310777 3,760.00 2 Janet Wanjiku Kiige 0717711181 0799650 5,960.00 3 Irene Nduta(2) 0721698536 2310777 50,326.00 4 Wakimata 48,600.00 5 Wa Nduta 4,640.00 6 Elizabeth Murumbi Mwangi 0725082797 8473563 9,200.00 7 Hannah Waithera Mungai 0718180112 7201414 51,775.00 8 Wanjiku Nganga 0724519255 0439398 51,020.00 9 Karura 14,085.00 Naomi Waithira/ WaCiru 10 Caretaker 0725082797 48,200.00 11 Regina Njeri Mwangi 5,397.00 Naomi Waithira 2/ WaCiru 12 Caretaker 0725082797 42,500.00 13 Sabina Wanjiru 0717767385 23962573 24,756.00 14 Mary Nyambura Ndungu 0714135800 10977073 34,692.00 15 Esther Nduta 0719381095 3221142 2,800.00 16 Paul Ngugi Mwangi 0723535316 5150333 6,211.00 17 Susan Wanjiku 0724803957 - 18 Janefer Nelima 0706331133 4,208.00 19 Tiebo Kageni 0727346443 10,594.00 20 Lucy Nyambura 0727346443 826.00 21 Peter Ngure Muchoki 0725871577 0785749 2,240.00 22 Peter Gacheru 0716254438 2,688.00 23 Henry Kamau 0718429225 28374910 3,384.00 24 Lydia Mukami Ngugi 0712175524 24978096 1,218.00 25 Peter Ngure Muchoki 2 0725304799 0785749 4,928.00 26 Mary Wambui Maina 0728039147 36,648.00 27 Mary Wambui Maina 2 0728039147 48,498.00 28 Waithira Njoroge 0724505183 2,376.00 29 Frashia Wanjiru 0714554166 7576145 18,680.00 30 Frashia Wanjiru 2 0714554166 7576145 4,112.00 31 Waithera Njoroge 2 72,238.00 32 Rahab Wanjiru Mburu 0716114086 300,262.00 33 Jane Wambui 0724886257 10787169 8,055.00 34 Njeri Wa Margaret 1,200.00 35 Martha Waithera Ndungu 85,365.00 36 Joseph F Chege 0720586053 1848247 17,665.00 37 Mwaura Mambo 0711547999 0439571 18,633.00 FRAME Consultants Ltd 168 Final RAP Report

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38 Rebecca Wambui 0711547999 24656494 20,448.00 39 Joseph Kamau Gitau 0716888357 0429254 62,760.00 40 Paul Kihara Kamau 0716888357 11669900 38,030.00 41 Elizabeth Wanjiru Muhiche 0710185105 23064920 15,104.00 42 John Kiguta 41,895.00 43 Gitau 0721843563 12,288.00 44 Elijah Njuguna 0720472852 21902357 3,744.00 45 WaJohn / Bidan Thuo 0725015956 9,936.00 46 Monica Mukenyi Ndungu 0728992822 27674524 12,598.00 47 Peter Ngure 2 - 48 John Kimani 2 1,255.00 49 Joseph Muiruri Mwangi 0724579255 8241583 6,215.00 50 Maitha Wachira 0726999666 128,520.00 51 Next to Kianjau Quarry 7,336.00 53 Nyambura Njoroge 0734774259 46,480.00 Edith Mbura Muikia,Julius

54 Mbogo(Minor) 0703952103 1028086 5,253.00 55 Lucy Njoki 0722804720 7,770.00 56 Wa Ingo(next to Lucy Njoki) 22,858.40 57 Mary Kangai 0724053993 25,920.00 58 Joyce Wangai 10,610.00 59 Next to Wangai 4,100.00 61 Mama Wambui Karangira 21,424.00 62 Mama Nyambura 0720531729 10,496.00 63 Jane Wambui 0724886257 10787169 14,207.00 64 Michael Kariuki 0722212822 11,485.00 65 Waithera Bukusu 68,485.00 66 Francis Wachira 0715743108 36,327.00 67 Gladys Wanjiru 0717640523 1,475.00 68 Paul Kariuki Njoroge 0723367594 740.00 Njoroge(developer) Wa

69 Ciku(owner) 3,320.00 70 Paul Kariuki Njoroge 2 0723367594 8,500.00 71 Michael Karanja 0722212822 3,610.00 72 Kabiru Wainaina 5,535.00 73 Raymond Karanja 0733934939 37,700.00 74 Mama Ciku Ngugi 10,740.00 75 Next to Elizabeth Wanjiru 3,720.00 Titus Kimari(Beatrice Njeri-

76 sister) 0712279876 1,362.00 77 Ngugi( next to Titus) 0715944758 1,236.00 78 Peter Muchoki 80,990.00 79 Joseph Kimani Kageni 56,622.00 80 Monicah Wambui 0712591507 11750200 19,040.00

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81 Joseph Gitimu Mwaura 0721765257 46,170.00 82 Diana Waceke 19,595.00 83 George Njoroge 32,590.80 84 Peter Kimani 0715110167 3064700 11,266.80 85 Nyambura Njoroge 0734774259 63,200.00 Edith Mbura Muikia,Julius

86 Mbogo(Minor) 0703952103 1028086 60,353.00 87 Lucy Njoki 0722804720 29,050.00 88 Wa Ingo(next to Lucy Njoki) 63,138.40 89 Mary Kangai 0724053993 259,200.00 90 Joyce Wangai 10,610.00 91 Next to Wangai 4,100.00 92 Peter Ndirangu(Baba Mwangi) 0721654237 3564335 100,202.60 93 Mama Wambui Karangira 113,176.80 94 Mama Nyambura 0720531729 70,156.00 95 Jane Wambui 0724886257 10787169 14,207.00 96 Michael Kariuki 0722212822 11,485.00 97 Waithera Bukusu 68,485.00 98 Francis Wachira 0715743108 36,327.00 99 Gladys Wanjiru 0717640523 1,475.00 100 Paul Kariuki Njoroge 0723367594 740.00 Njoroge(developer) Wa

102 Ciku(owner) 2,466.00 103 Unknown After Njoroge 3,320.00 104 Paul Kariuki Njoroge 2 0723367594 8,500.00 105 Michael Karanja 0722212822 3,610.00 106 Kabiru Wainaina 5,535.00 107 Raymond Karanja 0733934939 37,700.00 108 Mama Ciku Ngugi 10,740.00 109 Next to Elizabeth Wanjiru 3,720.00 Titus Kimari(Beatrice Njeri-

110 sister) 0712279876 1,362.00 111 Ngugi( next to Titus) 0715944758 1,236.00 112 Peter Muchoki 80,990.00 113 Joseph Kimani Kageni 56,622.00 114 Monicah Wambui 0712591507 11750200 29,120.00 115 Joseph Gitimu Mwaura 0721765257 46,170.00 116 Diana Waceke 19,595.00 117 George Njoroge 35,290.80 118 Mariba 19,490.00 119 Gladys Nyaguthii 0726093399 763186 12,624.00 120 Njoki (Wa Mbugua) 5,880.00 121 Joram Ndungu 9,500.00 122 Wambui (Wa Maina) 9,714.00

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123 Baba Maurine 8,550.00 124 Cucu Akinyi 29,320.00 125 Wa Mugo 18,620.00 126 James Mwangi Kimani 0728674004 68,212.00 127 Wa Muthura 8,520.00 128 Wa Paul 890.00 129 Pauline Wangui Mwangi 3,110.00 130 Ann Wanjiru 7,988.00 131 Martha Wanjiru Ndungu 0729497512 2,807.00 132 Peter Ngata 22,080.00 133 Anastacia Wangari Gitau 071191664 70,012.00 134 Gabriel Nganga 0713629069 3091959 28,455.00 135 Chris 0727591808 20,364.00 136 Mary Mumbi 0712758925 17,734.00 137 Margaret Wangui Kuria 0713109291 24980719 29,082.60 138 Wairegi Njoroge 14,192.00 TOTAL COST 3,696,524.20

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KAMUNGUTI RIVER TRUNK SEWER CROP VALUATION

CONTACT ID NO: CONTACT PERSON NO NUMBER TOTAL COST

1 Peter Wakaba Ndambia 0723015700 5179789 53,040.00

2 Gerald Gathari Githutha 0711271912 728.00

3 Kibathi Gathariwa 10,020.00

4 St. Lwanga Catholic Church 80,012.00 St. Lwanga Catholic Church / Njoroge 5 Mwangi 0723167185 3052286 72,714.00

6 Paul Kithaka 3,254.00

7 Wahelena Farm 2 19,840.00

8 Amos Kariuki 0723586178 13221270 164,455.00

9 Stephen Gichuru Muhia 0722358112 7869817 33,860.00

10 Regina Mugure Kamau 0722868752 169,255.00

11 Njoroge Mwangi 0723167185 3052286 8,968.00

12 Grace Wanja Mutua 0714309167 7191075 159,695.00

13 Before Paul Githaka 38,530.00

14 Wahelena 0712424541 3097692 81,070.00

15 Leah Wanjiku Gakau 0712424541 41,555.00

16 Teresia Wanjiru 0722882619 10715402 91,255.00

17 Jospeh Mburu 15,900.00

18 Mary Wangui 0710714388 311403 53,195.00

19 Francis Kariuki Kabathi 0722918880 4301019 62,285.00

20 Stephen Kimuhu Mwaura 0700836940 3089034 31,395.00

21 Mary Kamau Mwalimu 20,520.00

22 Gerald Gathari Githutha 0711271912 4441343 123,821.00

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23 Kwa Muthama 13,095.00

24 Thuku Kahunga and brothers 26,210.00 St.Lwanga Catholic Church section 2 25 29,540.00

26 Cattle dip area 24,980.00

27 Before Wa mwangi's 14,152.00

28 Mama Ngigi 50,960.00

29 St.Lwanga Catholic Church 189,844.00

30 Jacinta Wangari 219,185.00

31 Mary Wanjiku Muiruri 0701882334 37,995.00

32 Wa Dan(Maraba) 64,395.00

33 Wa Dan(Maraba) 2 44,200.00

34 Virginia Wanjiru Ngare 0724373922 795457 138,510.00

TOTAL COST 2,188,433.00

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THETA RIVER TRUNK SEWER CROP VALUATION

ID TOTAL NO: CONTACT PERSON CONTACT NO NUMBER COST

1 John Njuguna Muchoki 0713397841 14483548 127,971.00

2 Jane Wambui Mwangi 0722598676 4829041 257,400.00

3 Mama Joram(Judah) 99,257.00

4 Theta Secondary School 0720991330 161,615.00 0707562426 / 5 James Kamau 0725202890 76,905.00

6 Sammy Mwaniki Ndwiga 0718121142 3523622 170,600.00

7 Virginia Wanjiku Njoroge 108,300.00

8 Henry Madama Kariuki 0720619310 22467193 22,970.00

9 Simon Kamau Murigo 0708649261 11396245 116,000.00

10 Peter Kamau Kanji 0726826742 87482715 53,136.00

11 Wa Shiru 190,230.00

12 Simon Githinji 0727331394 3366940 14,200.00

13 Hannah Wangui 0711277037 49,624.60

14 Grace Wamuyu 136,152.00

15 Jackson Mbugua Kamua 0723041974 22684128 23,040.00

16 Muthiga 0722799694 288,190.00

17 Paul Thuo 0717233713 7338874 5,600.00

18 Mwalimu Kibaiko 0721268991 27,820.00

19 Simon Kimemia 0722400905 3294289 12,600.00

20 Abraham Ndogo Muchemi 0723223556 32560 61,560.00

21 Wa Mukami 2,520.00

22 Robert Mwangi Kihungi 0720430245 5,128.00

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23 Virgina Kirima Gichuhi 10,400.00

24 Zachayo Mbugua Kagai 0727321275 29,360.00

25 Philemona Njeri 0723616542 24150275 10,545.00

26 Nancy Mukuhi Njoroge 0712220148 6746338 88,670.00 Nancy Mukuhi 27 Njoroge(Farm 2) 0712220148 6746338 74,505.00

28 Paul Kamau Njeri 0710254126 21222302 61,035.00

29 Dominic Kimotho 0725564968 10141614 278,096.00

30 Dominic Kimotho(Farm 2) 0725564968 10141614 40,788.00

31 Elizabeth Nduta Gatoro 07207876837 721801193 169,884.00

32 Wa Brian ( Riuriro) 0712535360 26,805.00

33 Elijah Mwangi Mbogo 0721801193 10333107 120,165.00

34 Peter Nganga Waithaka 0720819090 8499619 32,400.00

35 Paul Njoroge Ngugi 0729985071 5704523 28,640.00

36 Monica Njambi 0719359837 13,145.00

37 Andrew Wairagu Kiemi 0728923310 11032991 202,445.00

38 Joseph Karanja Macharia 0714639949 311057 376,280.00

39 Wa Mutua 0725661918 33,705.00

40 Wa ciku 0722142552 7,020.00

41 Mama Dhania 0707649720 1,767.00

42 Wa Kimuro 3,460.00

43 Wa Kamau 47,148.00 Wa Ian(Peter Muiruri 44 Njihia) 15,555.00

45 Efrasia Wambui Njugu 3,928.00

46 Mary Wanjiru Kamau 375,633.00

47 Mwangi Kagai 7,455.00 Wa Mercy(nature feed 48 posho mill) 4,800.00 FRAME Consultants Ltd 175 Final RAP Report

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49 Salome Mwangi 15,090.00

50 Virginia Kirima 190,394.00

51 Kamau Njuguna 0701430704 11,460.00

52 Pastor Alice 26,320.00

53 Wa Mwaura 298,530.00

54 Wa Kaka 83,510.00

55 Mary Wambui Chege 80,820.00 Mburu(next to Mercy 56 Njeri) 6,803.20

57 Thomas Njogu Kagwe 0729477036 79,345.00

58 Daniel Gitau 0714967377 95,051.00

59 Counsellor Issa 24,480.00

60 Daniel Katee 54,130.00

61 Baba Karen Next to Daniel 12,680.00 Unknown next to Baba 62 Karen 1,212.00

63 Esther Njeri 5,396.00

64 Josphat Kamaru Wambugu 0700833168 9,872.00

65 Mercy Njeri Kang'ethe 0727499737 110,815.00

66 Mary Wambui Ngethe 0712535360 11535360 2,080.00

67 John Kanyi 0729054092 37,095.00

68 Wa Margaret 32,000.00 Mama Sam - Margaret 69 Wanjiku 027445814 19,800.00

70 Eunice Wanjiru Kamande 0704126072 65,620.00

71 Mama Mary 0721489218 5,420.00

72 Benson Kimani Macharia 0724682562 95,395.00

73 Susan Wangui 0724866784 64,236.00

74 Josphat Kagari 0724958478 15,200.00 Wa Macharia 0727562838 / 75 0724241469 80.00

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76 Joseph Githinji Thagichu 0723967350 5540519 134,000.00

TOTAL COST 5,651,286.80

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MUGUTHA RIVER TRUNK SEWER CROP VALUATION ID NO: CONTACT PERSON CONTACT NO NUMBER TOTAL COST

1 Francis Mwangi Mungai 0727098916 4302778 72,361.00

2 Baba Brian 0720733684 154,999.00

3 Ithe Wa Ciru 25,630.00

4 Agnes Wanjiku Maara 0727205647 0795905 126,256.00

5 Rachel Mugure Mwaura 18,690.00

6 David Kinyanjui 0722406176 2,144.00

7 Mary Wabora 0724140123 620.00

8 Esther Wairimu Kairuki 0725353010 12521245 18,000.00

9 Virgina Njeri James 0723811249 11054700 1,700.00

10 Rose Wambui 0726155921 92,627.00

11 Elizabeth Banda 11,710.00

12 Philis Rua Kamau 0723823823 13813108 62,395.00

13 Margaret Wanjiru Githii 0722101748 4400135 65,855.00

14 Esther Wairimu Kamiti 0729662008 5502787 66,660.00

15 Wa Gitau 127,370.00

16 Leah Wangechi 83,790.00 Paul Peter( Geoffrey - 17 Caretaker) 0723788779 32,670.00

18 Nelly Ngugi 0722761717 78,390.00 Mwai Thea 0722619881, 0705136699care 19 taker) 115,412.00

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20 Martin Kairu 0728827351 131,904.00

21 Margaret Nduku Kibunja 0722633407 87,138.00

22 Mwalimu 25,650.00 23 Mutuku 127,350.00

24 Elizabeth Wanjiku Mwangi 0700531453 2270925 196,040.00 Wanjuguna 1 25 6,720.00 Wanjuguna 2 26 5,200.00 Ann Njeri Ngare 27 0726516733 7441688 109,245.00 Julia Waithera Mwangi 28 0704125999 10966216 1,852.00

TOTAL COST 1,848,378.00

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THIRIRIKA RIVER TRUNK SEWER CROP VALUATION

ID NO: CONTACT PERSON CONTACT NO NUMBER TOTAL COST

1 Abdi Woche 80,325.00

2 Muhammed 855.00

3 Ibrahim Buno Kocho -

4 Decoma Society -

5 Hanma Haso 22,230.00

6 Zarifu Juma 0727553662 123,445.00

7 Adan Bruno Dawa 0722372299 60,840.00

8 Bindu Godana Kinyanjui 0723670694 63,000.00 0625933 9 Wado Oda Koze 1 0729051531 8,660.00

10 Wanjiku 0728046633 51,000.00 0625933 11 Wado Oda Kose 2 0729051531 136,800.00

12 Buno Kosho 103,600.00

13 Wode Kesho Woche 237,540.00 0072925 14 Daye Galcha Daye 0721876065 40,350.00

15 Wado Kesho Woache 2 200,750.00 9178999 16 Abraham Buno 0725712762 129,600.00 7169117 17 Amose Njuguna 0716925735 272,025.00 11745775 18 Nicholus Njane Mwangi 0737881371 101,976.00

19 Anthony Ngaga Mwangi 0721298093(Wife) 364,445.00 22 Iribaye Maria Aila 0721392382 21345356 87,210.00 FRAME Consultants Ltd 180 Final RAP Report

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22 Solomon Wato Oge 0722371325 18,220.00

23 Mamru Gona 0722210320 273,600.00

24 Stephen Kamau Ngugi 29,975.00 25 Juma Cheme 0729290100 7227320 255,852.00 7227320 26 Juma Cheme 2 0729290100 253,140.00

27 John Wa Ndarugu 153,900.00

28 Ramadhan Husein 0722926524 148,800.00 7227320 29 Juma Cheme 3 0729290100 45,090.00 32844412 30 Peter Nderitu Mwangi 0700684656 308,450.00

31 Amos Njuguna 0716925735 92,750.00 TOTAL COST 3,664,428.00

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