Abbreviated Resettlement Action Plan for Kahawa Soweto|

MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT

ABBREVIATED RESETTLEMENT ACTION PLAN FOR KAHAWA SOWETO INFORMAL SETTLEMENT

NAIROBI CITY COUNTY GOVERNMENT

JULY 2020

PREPARED BY

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DISCLOSURE COPY DISCLOSURE DISCLOSURE COPY DISCLOSURE DISCLOSURE COPY DISCLOSURE DISCLOSURE COPY DISCLOSURE Abbreviated Resettlement Action Plan for Kahawa Soweto|

ABBREVIATIONS

AFD French Development Agency GO Grievance Officer

GOK Government of Kenya GRC Grievance Redress Committee GRM Grievances Redress Mechanism IDA International Development Association KISIP Kenya informal Settlements Improvement Project LOB List of Beneficiaries LP&LUDP Local Physical and Land use Development Plan MTIH&UD Ministry of Transport, Infrastructure, Housing and Urban Development NLC National Land Commission O.P Operational Policy PAI Project Affected Institutions PAP Project Affected Person PCT Project Coordinating team PLWD People Living with disabilities RAP Resettlement Action Plan RIC Resettlement Implementation Committee RIM Reference Index Map SEC Settlement Executive Committee SGRC Settlement Grievance Redress Committee SIDA Swedish International Development Cooperation Agency WB World Bank

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DEFINITION OF TERMS Abbreviated Resettlement Action Plan (ARAP) or Resettlement Action Plan (RAP) is a resettlement instrument (document) prepared when program locations are identified. In such cases, planning and survey activities including demarcation of roads leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods. ARAPS or RAPs contain specific and legal binding requirements to resettle and compensate/facilitate the affected party before implementation of the project activities. According to provisions by the World Bank OP 4.12, RAP is prepared where project affected persons are more than 200 while ARAP is prepared where project affected persons are less than 200. Adoptive Planning: is a physical planning approach applied in this project that entailed application of practical planning interventions that suit the realities, challenges and characteristics of the project informal settlements. This was achieved through moderating of conventional planning standards that would otherwise have been applied. This approach helped to create responsive conditions that support the informal settlement’s capacity to respond to changes towards securing tenure security without necessarily disintegrating the settlement and at the same time sustaining the spatial functions at the minimum possible level. Group Title- in the context of this project, a cluster refers to a group of more than one structure that resulted from the planning process. This was done to obtain sizeable parcels for purposes of titling/registration, as well as ensure that a level of equality in land ownership was achieved, considering that the beneficiaries of this settlement had no claim on land rights. As a result of this approach, each beneficiary in each cluster is entitled to a claim of 1 share within their respective cluster. Some of the institutions that were of adequate size will be registered as individual / stand-alone parcels. Cluster has been used in the context of this report to refer to a group of structures within the same locality. These were the resultant planning units, considering the high population and structure densities in this settlement, that could not allow for individual parcels. The existing access roads were used as much as possible to define the boundaries of the clusters, in order to limit on generation PAPs. Important to note is that the community was sensitized severally on this planning option, through the various community engagements held, and it was unanimously adopted. Compensation means payments made in cash in recognition of loss of assets and Livelihoods resulting from impacts caused by planning and surveying.

Complete Displacement: means the displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land outside the settlement due to the planning and survey activities including demarcation of internal access paths.

Cut-off date is the date of start of the socio-economic survey/census and asset inventory of PAPs. Persons entering and/or occupying land in the project area after this date and not included in the inventory of PAPs will not be considered eligible for facilitation. Similarly, fixed assets such as structures, established after the cut-off date will not be compensated/facilitated.

Facilitation means payments made in cash in recognition of loss of assets and livelihoods resulting from impacts caused by planning and surveying of the settlement.

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Formalization: This refers to the political and administrative acknowledgement or recognition of informal settlements and their subsequent absorption into the formal fold.

Grievance: Any dissatisfaction or sense of injustice or unfairness felt by a person in this respect a PAP or his/her representative in connection with his/her compensation entitlements, the RAP implementation process, the project and other scenarios related to project implementation. Joint ownership: is a concurrent form of property ownership where two or more persons share equal, undivided interests in property Legalization: This refers to the process of providing some legal backing to the tenure systems operating within informal settlements. This is achieved through the recordation and maintenance of legal rights to land at the community or municipal level.

Market rate: The selling price of a commodity in the open competitive market.

Multiple ownership: This is the kind of ownership where a person or group of people own more than one parcel of land.

Project Affected Person(s) (PAPs) are persons, enterprises, and public or private institutions affected because they may lose, be denied, or be restricted access to economic assets; lose occupancy/shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Public Participation is a facilitative process of strengthening the organizational and management capacities of people in such a way that they become self-reliant in solving their own problems. It connotes the organized action of the people towards the resolution of issues or acquisition of what they desire and what may benefit them. This, then, requires that people, as a group, must have proper ownership of actions and highly organized course of action.

Rehabilitation Assistance is the additional support, over and above compensation accorded to the vulnerable or at-risk members of the affected community during implementation of the ARAP e.g. labor support.

Relocation/Localized displacement means displacement of a structure owner or institution PAP etc. from one parcel of land to a different parcel of land (within the settlement) due to the planning and survey activities including demarcation of roads. Replacement cost means the market cost of the materials 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 transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. 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 benefits to be derived from the project deducted from the valuation of an affected asset.

Resettlement Action Plan (RAP) or Resettlement Plan is a resettlement instrument (document) to be prepared when program locations are identified. In such cases, planning and DISCLOSUREDISCLOSURE COPYCOPY Page iv of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| survey activities including demarcation of roads lead to loss of structures and sources of livelihood. RAPs are prepared by the party impacting on the people and their livelihoods. RAPS contain specific and legal binding requirements to resettle and compensate/facilitate the affected party before implementation of the project activities.

Resettlement Assistance means the measures to ensure that Project Affected Persons who may require to be physically relocated are provided with assistance during relocation, such as moving/shifting allowances for ease of resettlement, residential housing or rentals, rental allowance whichever is feasible and as required, for ease of resettlement.

Resettlement Policy Framework (RPF) has been prepared as an instrument to be used throughout the informal settlements improvement project implementation. The RPF will be disclosed to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. The Resettlement Action Plans (“RAPs”) for the project will be prepared in conformity with the provisions of this RPF. Survey means a 100% field assessment carried out to identify and determine the number of Project Affected Persons (PAP).

Squatters are those who have extended their settlements into Government lands and have no formal right or claim to the portion of the lands. Tenure Regularization is a deliberate process aimed at bringing the informal and unauthorized (not formerly planned) settlements within the official, legal, and administrative system of land management. Titling: This refers to formal adjudication, cadastral survey and registration of individual or group rights to land in the legal land register; and the concomitant issuance of certificates of title. Tenancy-in-common: Tenancy in common is a form of concurrent ownership of land in which two or more persons possess the land simultaneously where each person holds an individual, undivided interest in the property and each party has the right to alienate, or transfer their interest

Valuation: is the art or science of establishing the worth of a particular interest in property for a specific purpose and at a particular moment in time, considered all the features of the property, demographics, topography as well as the underlying market drivers. Vulnerable Groups include all those affected by the project that are below the poverty line, the elderly, women and children headed households, indigenous people, ethnic minorities or other Project Affected Person who may not be protected through national land compensation legislation.

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EXECUTIVE SUMMARY Project Description The Kenya Informal Settlements Improvement Project (KISIP) is a five-year project of the Government of Kenya (GOK) with support from the World Bank, through the International Development Association, (IDA), the Swedish International Development Cooperation Agency (Sida) and the Agence Française de Development (AFD). It is an initiative of the GoK, through the Ministry of Transport, Infrastructure, and Housing and Urban Development. The overall project strategic objective is to improve living conditions of people living and working in informal settlements in Kenya’s fourteen (14) selected counties, among them the Nairobi City County - where Kahawa Soweto informal settlement is located. This report therefore presents an Abbreviated Resettlement Action Plan (ARAP) prepared for Project Affected Persons (PAPs) in Kahawa Soweto informal settlement who will be affected by the Planning and surveying (tenure regularization) process undertaken under KISIP component 2. The report identifies impacts and provides applicable mitigations in terms of entitlements, compensations and livelihood restoration measures to the Project Affected Persons (PAPs) identified as required by the World Bank operational Policy OP 4.12 on Involuntary Resettlement and Kenya’s Laws and Regulations. Planning and Surveying Process in Kahawa Soweto Settlement The Kenya Informal Settlements Improvement Project (KISIP) has over the past five years been engaged in improving living conditions of people living and working in informal settlements. An integrated and participatory approach was used for carrying out physical mapping, socio- economic survey and preparation of the Adoptive Local Physical and Land Use Development Plan (LP&LUDP). The resultant approved plan was implemented through surveying (placement of beacons to mark the cluster/parcel boundaries). Land Titling Process The process of enhancing tenure security in Kahawa Soweto Informal settlement, through planning and surveying, commenced in February 2019. The key objective was to facilitate provision of security of tenure to the residents of the informal settlement who occupied the present land as squatters without any form of ownership documents. At the time KISIP initiated the project in the settlement, there were no official records of any Local Physical and Land Use Development Plan (LP&LUDP). As a result, the settlement exhibited a haphazard and organic spatial structure, characterized by limited accessibility and dilapidated temporary, semi-permanent structures. The project commenced with introduction to the Settlement Executive Committee (SEC) and Community members. Thereafter, a detailed base map was prepared and used for physical mapping and subsequently, for socio-economic survey. The socio-economic survey formed a key aspect for generation of preliminary List of Beneficiaries and the findings informed/guided the community participatory planning process. The community participatory planning activity involved preparation of four planning alternatives as elaborated below. The planning options were done in juxtaposition of the vision, the needs, aspirations of the community vis a vis the practicability and implementability of the DISCLOSUREDISCLOSURE COPYCOPY Page vi of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| various options in order to achieve the main project objective with minimal interruptions as envisaged by the World Bank O.P 4.12. (i) Adoptive planning model -the plan model that was adopted for this project, generated 28 parcels (23 of the parcels will be under group title while the other 5 parcels will be individual titles for community centres and/or institutions. (ii) Total readjustment (Conventional Planning)-This planning option proposed for complete reorganization of the informal settlement layout. This was rejected by the community due to the high number of PAPs it would have generated (iii) Partial access opening-this option involved creating minimal accesses while maintaining the (current) existing 6 clusters. This option was also rejected by the community due to the minimal intervention on provision of accesses (iv) Nil intervention-no planning intervention at all.

After modelling and carrying out impact analysis of the four alternatives, the four options were thereafter presented to the community, while highlighting the pros and cons of each option. Despite that the community initially leaned towards the conventional planning option due to its regular shapes and rights of way, the level of impact was quite substantive that made the community unanimously opt for Adoptive planning model owing to its flexibility and minimal number of PAPs generated. This was also informed by the existing settlement pattern, which is largely haphazard and organic in nature. The resultant Adoptive Local Physical and land use development plan of the settlement was subsequently approved by the Nairobi City County Government. The approved plan together with the community-endorsed list of beneficiaries formed the basis for the preparation of survey data and subsequently amendment of the Reference Index Map (RIM) with the area list. During Implementation of this ARAP, the National Land Commission and Nairobi City County Government will officially transfer the land from public to individual beneficiaries through issuance of title deeds as per Kenyan Land Laws. Any parcels that will remain under public / community use will be registered under the county city government of Nairobi, and will be managed and administered by NLC on behalf of the County Government. Approach and Methodology

This ARAP for Kahawa Soweto Informal Settlement was developed in compliance to the World Bank's Operational Policy 4.12 on Involuntary Resettlement, and Government of Kenya legal framework. Section 40 (Protection of right to property) of the Kenya Constitution 2010 is most relevant in protecting people’s right to property. The World Bank OP 4.12 requires that project affected persons be consulted and assisted/facilitated before displacement from the proposed road wayleaves in the implementation of the approved plan as in the case of the KISIP Tenure regularization project. The policy also provides that negative resettlement impacts should be avoided and where possible should be minimized and mitigated or compensated/offset. The ARAP approach was also guided by KISIP’s Resettlement Policy Framework (RPF), 2014.

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The prepared and approved LP&LUDP will ensure secure land tenure and lead to improved roads and accesses. The whole process culminated to 28 parcels for titling where 23 parcels were for group titles and 5 for institutional/individual titles. Note, the addition of two public facilities (Kahawa Primary and Kahawa Health Centre) were added into the project scope thus the increase to 28 parcels, from the initial 26. The total number of beneficiaries in Kahawa Soweto Informal Settlement is 796 comprising of 391 males and 375 females 25 institutions (Schools, health centre, Churches, Community halls), and 5 community groups as presented in the table below:

Table 0-1: Number of Beneficiaries Category Total Number Males Females Institutions Community of Groups Beneficiaries Total Number of 23 391 375 20 5 clusters Stand-alone / 5 - - 5 - individual parcels Total no of 796 391 375 25 5 beneficiaries Total number of 28 titles

Despite there having been continuous sensitization of the community on the titling options (during community stakeholders’ meetings and during fieldwork activities), one meeting was particularly held for beneficiary sensitizations on tenure options1, management & administration of the various tenure options. The Chief Land Registrar, Ministry of Land and Physical Planning was the key speaker. This sensitization on titling options is presented under Minutes of meeting held on 29th of July 2019 and 23rd of August 2019. Emphasis was placed on the relevance and importance of group titling option for the community members towards achieving the main project objective. However, community centres and institutions with sizeable parcel size could be registered individually for those that occupied adequate plinth size. It was clearly explained to the community the reasons individual titles are not possible including the fact that the resultant parcel sizes would be too small to be registrable and that it would result to 100% PAP generation.

Therefore, with the group titling being the preferred option, the community members were informed on the modalities of group registration including registration as cooperative/societies2. In each respective society, the members will choose trustees and come up with their constitution outlining guidelines they will adhere to. Further, the beneficiaries were informed that they will be entitled to an equal share in their respective groups, considering

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Abbreviated Resettlement Action Plan for Kahawa Soweto| that the beneficiaries have no physical boundaries demarcating ownership rights. In this regard therefore, structures were used to denote ownership rights.

Tenure Regularization impacts The approved LP&LUDP will ensure secure land tenure and lead to improved roads and accesses, as well as give the beneficiaries an opportunity to redevelop their settlement with better habitation structure. In addition, group titles will be issued for the clusters that emanated from the planning process, necessitating for adequate sensitization on modalities of administration & management amongst the members. Out of the 23 clusters created by the LP&LUDP, 22 of them were affected, generating 140 PAPs including 66 males and 65 females and 9 institutions. There will be partial loss to 116 structures and 30 structures will be fully affected3. Among the PAPs, there were 39 vulnerable (26 females and 13 male) and 24 PAPs who will lose livelihood. This information is summarized on the PAP diagram below:

Figure 1: PAP Diagram TOTAL PAPs 140 Male - 66 PAI - 9 Female - 65

Vulnerable Male - 6 Vulnerable Female - 33 PAPs losing Structures - 30 Male - 15 Female - 15 PAPs losing business Livelihoods 24 Male - 11 Female - 13

Vulnerability There were 39 vulnerable PAPS; 33 (85%) female and 6(15%) male. Grievance Redress Mechanism This ARAP provides for a three tier Grievances Redress Mechanism (GRM) at no cost to the PAPs. The first tier is the Settlement Grievance Redress Committee (SGRC), which already exists within the Settlement; this committee is the first level of grievance redress. The second level will be the Resettlement Implementation Committee (RIC), which will comprise of KISIP National PCT and Nairobi City County KISIP representative and the local administration, while the third tier will be the Courts of Law, which will be adopted as the last resort.

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All written/verbal complaints will be launched through the chair of the SGRC. The SGRC will then convene, during when the complainant will attend, within two weeks (14 days) to address the registered grievances. Where the complainant is satisfied and accepts the decision, corrective action will be taken and verified by the SGRC. However, in case the SGRC is not able to resolve a complain, it will escalate the grievance to the RIC who will within two weeks (14 days) from the date the complaint is escalated, Endeavour to resolve the conflict. Where an aggrieved party is not satisfied with the resolution by the RIC, the party will be at liberty to appeal to the courts of law at any given time and at his/her cost. A grievance log will document all grievances and their status and will be used to monitor GRM progress. Costs and Budget In this ARAP, the cost for implementation amounted to KES. 9,163,400.00 (Read Kenya Shillings Nine million, One Hundred and Sixty-Three Thousand, Four hundred Only). Detailed Breakdown of budget is provided under Section 10.8 Institutional and implementation Framework The overall responsibility for the implementation of the ARAP is vested in KISIP. The specific implementation tasks will however be carried out by the Resettlement Implementation Committee (RIC) consisting of KISIP National PCT and Nairobi City County KISIP team. The ARAP implementation activities anticipated will consist of approval and disclosure of this ARAP by the World Bank via the website and further disclosure on the ground by RIC and KISIP. The PAPs will open bank accounts prior to disbursement of facilitation funds. They will also be required to self-demolish their structures within three months of notification and salvage construction materials. These activities will be concluded prior to issuance of title deeds to beneficiaries. Grievance redress will be continuous activities throughout the ARAP implementation phase. This ARAP also provides for continuous sensitization of beneficiaries through KISIP PCT Registrar of Titles and cooperative officers on formation, registration and operating of societies specifically for Land registration and management, while the RIC and SEC will undertake sensitization on joint accounts for spouses and the use of funds. The vulnerable also on case- by-case basis will be assisted to demolish and reconstruct their structures by KISIP County team and the SEC. Monitoring and Evaluation Monitoring will ensure that the resettlement plan is well implemented and the affected persons are facilitated according to the provisions of this ARAP. Internal monitoring will be conducted by KISIP and the SGRC – the latter with reference to grievances they handled, but with the RIC having an oversight role over them. Also, monitoring will be done on a continuous basis to ensure that all responsible implementing agencies follow the implementation schedule and comply with the principles of this ARAP. External resettlement monitoring will cover compliance and impact monitoring and will be conducted by KISIP. External Monitoring and RAP completion audit will be undertaken by independent Firms. In implementing this ARAP, gender empowerment and sensitization will be adequately conducted by stakeholders including: KISIP, Chief Land Registrar and Nairobi City County;

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Gender Department; local women and men-based organizations; SEC; and local community will participate. Conclusion and commitments This ARAP Report is prepared to identify, document and mitigate impacts arising from the planning and surveying in readiness for tenure regularization and issuance of Title Deeds for Kahawa Soweto informal settlement located in Nairobi City County. The ARAP presents an inventory (register) of PAPs, an Asset register of affected assets and the proposed compensation package. The process for preparation of this ARAP involved various stakeholders’ notably SEC members, the Kahawa Soweto community, local community leadership, KISIP National and County representatives. The meetings and discussions held were conducted in Kiswahili (and occasionally some interpretations in local dialects) for easy of understanding by all PAPs. Ownership of the ARAP has been internalized by the affected persons through a rigorous and adequate consultation process. Commitments In order to ensure that this ARAP is fully implemented, KISIP commits to undertake the following: • KISIP RIC in collaboration with the Registrar of Titles will organize and carry out thorough community engagement and sensitization on the resultant tenure options (group titles & individual titles) during implementation. This exercise will be aimed at enhancing women land rights, share holders’ exit mechanisms, land development and management of group titles as documented in this ARAP.KISIP will Issue a three months’ notice to PAPs to enable them Self Demolish and salvage their assets and facilitate all the affected persons according to provisions of this ARAP within 3 months after approval of this ARAP. • KISIP will Ensure Grievances raised are addressed and resolved on a timely manner during implementation of the ARAP. • All vulnerable persons enumerated in this ARAP will be promptly facilitated in accordance with the provisions of this ARAP. In particular, the RIC will ensure the title registration, facilitation funds and reconstruction assistance to the vulnerable PAPs is undertaken according to the provisions of this ARAP. • KISIP through the Ministry of Lands and Physical Planning and NLC will immediately begin issuance of title deeds to beneficiaries, concurrently with compensation. • Ensure all costs associated with formation and registration of the societies necessary for management of the Titles is undertaken by KISIP until handover of the Title to the beneficiaries is done. • Undertake Monitoring and Evaluation of this ARAP during and after implementation • KISIP will work with the County Government of Nairobi in ensuring the RAP is successfully implemented. The County Government will be part of the RIC and GRM committees. The County Government will also enforce development controls, clearance of structures on road reserves after the expiry of self-demolition period. • Facilitate and ensure the chief assists the mentally ill persons during implementation

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TABLE OF CONTENTS

ABBREVIATIONS…………………………………………………………………………………………. ii DEFINITION OF TERMS…………………………………………………………………………………iii EXECUTIVE SUMMARY…………………………………………………………………………………vi TABLE OF CONTENTS………………………………………………………………………………… xii LIST OF FIGURES…………………………………………………………………………………….. xvi LIST OF TABLES…………………………………………………………………………………………xvii LIST OF MAPS………………………………………………………………………………………………xviii CHAPTER 1: INTRODUCTION…………………………………………………………………… 1 1.1 Background Information ...... 1 1.2 Project Location ...... 1 1.3 Background of Kahawa Soweto Informal Settlement ...... 3 1.4 Project Description - KISIP’s Intervention in Kahawa Soweto Settlement ...... 3 1.5 Objectives of the Abbreviated Resettlement Action...... 3 CHAPTER 2: LAND TITLING AND TENURE REGULARIZATION………………….. 5 2.1 Introduction ...... 5 2.2 Number of Clusters / Individual Parcels and their Respective Beneficiaries ...... 8 2.3 The Planning Process ...... 9 2.4 Cluster / Parcel Analysis ...... 16 2.5 Validation of Plan and List of Beneficiaries ...... 17 2.6 Plan Approval ...... 18 2.7 Surveying Phase ...... 18 2.8 Preparation of Abbreviated Resettlement Action Plan for Kahawa Soweto ...... 19 2.9 Continuous Sensitization on Title Registration ...... 19 2.10 Societies for Management of Group Titles ...... 19 CHAPTER 3: POLICY AND LEGAL FRAMEWORK……………………………………….. 21 3.1 Introduction ...... 21 3.2 Relevant Policies and Laws of Kenya ...... 21 3.3 National Land Commission Act 2012 ...... 23 3.4 The Valuer’s Act Cap 532 ...... 23 DISCLOSUREDISCLOSURE COPYCOPY Page xii of 145

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3.5 KISIP’s Resettlement Policy Framework ...... 23 3.6 The World Bank’s Involuntary Resettlement Policy OP 4.12 ...... 24 3.7 World Bank Safeguard Policy on Resettlement ...... 24 3.8 Analysis of the Gaps between National Legal Frameworks and the World Bank Policies. 25 CHAPTER 4: APPROACH AND METHODOLOGY………………………………………… 29 4.1 Introduction ...... 29 4.2 Cut-off date...... 31 CHAPTER 5: PUBLIC CONSULTATION AND PARTICIPATION……………………….33 5.1 Introduction ...... 33 5.2 Categories of stakeholders ...... 33 5.3 Community and PAPs consultations ...... 33 5.4 Stakeholder meetings and issues raised...... 34 5.5 Consultation on Group Titling ...... 37 5.6 PAPs Consultation ...... 38 CHAPTER 6: PROJECT IMPACTS AND MITIGATION MEASURES………………… 41 6.1 Introduction ...... 41 6.2 Positive Impacts ...... 41 6.3 Negative Impacts ...... 42 CHAPTER 7: SOCIO-ECONOMIC PROFILE OF THE PAPS……………………………. 45 7.1 Introduction ...... 45 7.2 Household identification ...... 45 7.3 Demographic characteristics of PAPs ...... 46 7.4 Economic occupation of PAPS ...... 47 7.5 Health and Religion ...... 49 7.6 Details on structure use ...... 49 7.7 Impact perception ...... 50 7.8 Grievances and Comments ...... 50 7.9 Vulnerability ...... 50 CHAPTER 8: MITIGATION OF IMPACTS……………………………………………………. 52 8.1 Introduction ...... 52 8.2 Eligibility ...... 52

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8.3 Mitigation and Entitlements ...... 52 CHAPTER 9: GRIEVANCE REDRESS MECHANISM…………………………………….. 55 9.1 Introduction ...... 55 9.2 Grievance Procedure and Rationale ...... 55 9.3 Grievance Mechanism Structure ...... 56 9.3.1 Settlement Grievance Redress Committees (SGRC)…………………………………………………. 56 9.4 Resettlement Implementation Committee (RIC) ...... 56 9.4.1 Courts of Law………………………………………………………………………………………………………. 57 9.5 Procedure of Receiving and resolving of Complaints ...... 57 9.5.1 Step 1: Receipt of complaint/grievance…………………………………………………………………… 57 9.5.2 Step 2: Determination of Corrective Action……………………………………………………………. 58 9.5.3 Step 3: Meeting with the complainant…………………………………………………………………… 58 9.5.4 Step 4: Implementation of Corrective Action………………………………………………………….. 58 9.5.5 Step 5: Verification of corrective action………………………………………………………………….. 58 9.5.6 Step 6: Action by RIC……………………………………………………………………………………………. 58 9.5.7 Step 7: Alternative Action/Judicial Recourse and National Land Commission……………. 59 9.6 Terms of Reference for the RIC ...... 59 9.7 Effectiveness of the Grievance Redress Mechanism ...... 59 9.8 Capacity-Building for the Grievance Officer and Grievance Committees ...... 59 CHAPTER 10: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 62 10.1 Overview ...... 62 10.2 Resettlement Implementation Institutions ...... 62 10.3 ARAP implementation at KISIP ...... 64 10.3.1 KISIP Project Coordination Team………………………………………………………………………….. 64 10.3.2 KISIP ARAP Implementing Committee…………………………………………………………………. 64 10.3.3 County KISIP teams……………………………………………………………………………………………. 65 10.3.4 Settlement Executive Committee (SEC)…………………………………………………………………. 66 10.3.5 The Settlement Grievance Redress Committee………………………………………………………… 66 10.4 ARAP Implementation Process Flow ...... 66 10.5 Gender Empowerment Activities ...... 69 10.6 Implementation procedures ...... 69 10.7 ARAP Implementation Schedule ...... 70 10.8 Costs and Budget ...... 72 DISCLOSUREDISCLOSURE COPYCOPY Page xiv of 145

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CHAPTER 11: MONITORING AND EVALUATION…………………………………………. 73 11.1 Introduction ...... 73 11.2 Monitoring and Evaluation Framework ...... 73 11.2.1 ARAP Monitoring Plan………………………………………………………………………………………… 73 11.2.2 ARAP Monitoring Framework……………………………………………………………………………….. 74 11.3 Resettlement Completion Audit ...... 76 CHAPTER 12: CONCLUSION AND COMMITMENTS 78 12.1 Conclusion ...... 78 12.2 Commitments ...... 78 REFERENCES………………………………………………………………………………………….. 80 ANNEXES………………………………………………………………………………………………….. 81 Annex 1: Minutes of the PAPs Consultation Meeting Held on 12th November 2019 at the Kahawa Soweto Resource Centre, Kahawa Soweto from 10:15 am...... 81 Annex 2: Minutes of the PAPs Consultation Meeting Held on 2nd September 2019 at the Kahawa Soweto Resource Centre, Kahawa Soweto from 12:13 pm...... 88 Annex 3: Minutes of the Sensitization on Land Tenure Options meeting Held on 23rd of August 2019 at St. Joseph Mukasa Nursery School, Kahawa Soweto Settlement from 10:55 am...... 92 Annex 4: Minutes of the Presentation and Adoption of Proposed Kahawa Soweto Settlement Draft LPDP, Final Verification Exercise of the List of Beneficiaries & Launch RAP meeting Held on 29th of July 2019 at Kahawa Soweto Social Hall from 10:00am...... 101 Annex 5: Minutes of Stakeholder Engagement Meeting (Presentation of Socio Economic Survey Findings, Validation of Base maps, Visioning and Community Participatory Planning) Held on 24th May 2019 at Kahawa Social Hall, Kahawa Soweto from 10: 00 am...... 113 Annex 6: Minutes of the Introduction meeting Held on 27th February 2019 at Kahawa Soweto Social Hall, Kahawa Soweto Settlement from 10:00 am...... 122

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LIST OF FIGURES

Figure 1: PAP Diagram ...... ix Figure 2: PAP diagram ...... 43 Figure 3: Number and percentage of PAPs by gender ...... 46 Figure 4: Age groups of PAPs ...... 47 Figure 5: PAPs Average monthly incomes and expenditures ...... 48 Figure 6: Perceived impacts ...... 50 Figure 7: Distribution of vulnerable PAPs by gender and nature of vulnerability ...... 51 Figure 8: Grievance Redress Procedure ...... 61 Figure 9: Distribution of ARAP Implementing Institutions ...... 67 Figure 10: Stakeholder Engagement Strategy ...... 68

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LIST OF TABLES

Table 0-1: Number of Beneficiaries ...... viii Table 2-1: Tenure Regularization Process ...... 5 Table 2-2: Clusters/Individual Parcels Breakdown ...... 8 Table 2-3: Analysis of planning alternatives in Kahawa Soweto Informal settlement ...... 9 Table 2-4: Analysis of titling options in Kahawa Soweto Informal settlement ...... 11 Table 2-5: Summary of Key Issues between the two forms of Co-Tenancy ...... 14 Table 2-6: Number of Beneficiaries by clusters/parcels...... 16 Table 2-7: Formation of societies...... 19 Table 3-1: Comparative Analysis of World Bank OP 4.12 and Kenya constitution ...... 25 Table 4-1: Stakeholder participation during the cut-off date consultative meetings ...... 32 Table5-1: Stakeholder involvement ...... 35 Table 5-2: Community Concerns ...... 37 Table 5-3: Issues raised by PAPs and responses given during the PAPs Consultation Meeting Held on 2nd September 2019 ...... 39 Table 5-4: Issues raised by PAPs and responses given during the PAPs Consultation Meeting Held on 2nd September 2019 ...... 39 Table 6-1: Impacts on Assets ...... 43 Table 6-2: Number of vulnerable PAPs by gender ...... 44 Table 6-3: Summary of losses ...... 44 Table7-1: Distribution of PAPs according to clusters ...... 45 Table8-1: Entitlements matrix ...... 53 Table 10-1: National and County Government ARAP Implementing Institutions ...... 63 Table10-2: ARAP implementation schedule ...... 71 Table10-3: Summary of ARAP budget for Kahawa Soweto settlement ...... 72 Table 11-1: Monitoring Plan ...... 73 Table 11-2: Monitoring Indicators ...... 74

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LIST OF MAPS

Map 1: Kahawa Soweto Location ...... 2 Map 2: Kahawa Soweto LP&LUDP ...... 11 Map 3: Location of impacted structures ...... 42

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CHAPTER 1: INTRODUCTION

1.1 Background Information The Kenya Informal Settlements Improvement Project (KISIP) is a five-year project of the Government of Kenya (GOK) with support from the World Bank, through the International Development Association, (IDA), the Swedish International Development Cooperation Agency (Sida) and the Agence Française de Development (AFD). KISIP is an initiative of the GoK, through the Ministry of Transport, Infrastructure, Housing and Urban Development (MTIH&UD). The overall project strategic objective is to improve living conditions of people living and working in informal settlements in Kenya’s fourteen (14) selected counties, of which Nairobi City County - where Kahawa Soweto informal settlement is located, is one of the beneficiary counties. Here, the project aims at improving security of land tenure based on Local Physical Development Plans developed through a participatory process with the local community. The Kenya Informal Settlements Improvement Programme (KISIP) aims to address inequality and disparities in livelihoods and quality of life through four key components namely: 1. Institutional strengthening/development and program management to assist in strengthening the capacity of the Ministry of Transport, Infrastructure, Housing and Urban Development and the participating counties. This finances program management activities (including preparation of a baseline platform and systems for monitoring and evaluation). 2. Enhancing tenure security to scale-up and process systematization of ongoing efforts to regularize tenure in urban slums. It includes financing for the following types of activities: community organization and mobilization, identification and demarcation of settlement boundaries, preparation of Local Physical Development Plans, and issuance of letters of offer/allotment to individuals/groups. 3. Investing in settlement restructuring and infrastructure to support implementation of settlement upgrading plans developed at the community level, investment in settlement level infrastructure and, where necessary, extension of trunk infrastructure to settlements. 4. Planning for growth: Supporting delivery of affordable housing and serviced land supporting proactive planning to dampen the growth of new slums and mechanisms for delivery of land and housing that can enhance affordability for middle-and low- income households.

For this particular assignment, the project aimed at improving security of land tenure based on Local Physical and Land Use Development Plans developed through a community participatory process with the local Kahawa Soweto community. 1.2 Project Location Kahawa-Soweto settlement is located in Kasarani Sub County-Nairobi County. It is approximately 19 Km from Nairobi City and North East of Nairobi City (1o 11’S, 36o 54’E). It lies adjacent to the Kahawa Barracks to the North Eastern side of the settlement, separated onlyDISCLOSUREDISCLOSURE by the Nairobi-Ruiru railway line. To the WCOPYCOPYestern side, the settlement abuts Farmer’s Choice Meat processing industrial plant. The settlement covers 8.99ha.

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1.3 Background of Kahawa Soweto Informal Settlement The settlement started in the late 1970s, with the first inhabitants settling in 1977. The land was initially occupied by a White settler who used it for cattle keeping. The land was later taken over by the defunct Nairobi City Council (presently, Nairobi City County) by the then Councilor, who later became the Mayor, Mr. Ngumba. He assigned a group of wazees (elders) who were responsible for showing people where to settle. The proportions given were basically enough for 5-tiny rooms for accommodation. With the increased population, the size was reduced to a space that would allow construction of just 2-rooms, which predominantly characterize the settlement presently. As a result of lack of tenure security, the locals have experienced sustained eviction threats since establishment. Coupled with other challenges of inadequate support infrastructure and deplorable living conditions, the settlement’s name ‘Soweto’ was coined in reference to the infamous South African informal settlement called Soweto. The name was borrowed as an identity of the status for the informal settlement set-up. 1.4 Project Description - KISIP’s Intervention in Kahawa Soweto Settlement At the time of starting this project in the Kahawa Soweto settlement, the occupants were on public land under the Nairobi City County Government. KISIP’s component 2 interventions in Kahawa Soweto settlement entailed physical planning and surveying of the informal settlement, which led to the development of adoptive local physical and land use development plan. The plan was implemented through surveying process and will eventually lead to 796 beneficiaries that will be issued with group and individual title deeds to their parcels. The project is being executed through collaboration with various actors at the national, county and community level. The national government organs include; Ministry of Transport, Infrastructure, Housing and Urban Development, Ministry of Lands and Physical Planning, and National Land Commission (NLC). Nairobi City County is represented by the department of Lands, Housing and Physical Planning, KISIP county coordination team, Sub county and ward administration. The community is represented by the Settlement Executive Committee (SEC) selected by the residents from among themselves in the settlement and the Local administration leadership as ex-officials (in particular the Assistant chief). As a result of this planning and surveying process, 140 PAPs with temporary and or semi-permanent structures were affected and all of them were surveyed and valued. This then triggered the preparation of this Abbreviated Resettlement Action Plan to minimize and mitigate the resultant impacts. 1.5 Objectives of the Abbreviated Resettlement Action The objective of this Abbreviated Resettlement Action Plan (ARAP) is to identify, document and mitigate the impacts arising from implementation of the approved LP&LUDP which could lead to loss of assets, shelter or livelihoods as well as increased vulnerability) as detailed in the World Bank Operational Policy 4.12 - Involuntary Resettlement, and the national legal framework, and to provide for remedial action. The ARAP provides ProjectDISCLOSURE Affected Persons with facilitation for their COPY losses/affected assets at full replacementDISCLOSURE cost while at the same time providing support COPY for vulnerable groups. The specific objectives of the ARAP are to:

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• Enumerate project affected persons in order to determine those likely to be adversely affected by the project, the severity and extent of the impacts; • Generate list of the vulnerable groups so as to develop strategies to ensure that they proactively benefit from the project; • Adequately consult and actively involve all the PAPs and other stakeholders; • Guide on the legal and other institutional frameworks governing resettlement as outlined in the World Bank policies and the Kenyan law; • Develop mitigation measures in consultation with the affected people; • Prepare detailed entitlement matrix and an implementation plan; • Prepare an estimate ARAP budget and; • Put in place a monitoring, evaluation and reporting system for the Resettlement Plan.

The Kahawa Soweto ARAP was triggered by the planning and surveying of the informal settlement, which affected 140 persons.

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CHAPTER 2: LAND TITLING AND TENURE REGULARIZATION

2.1 Introduction Land tenure refers to the manner in which individual/ groups of people within a particular community enjoy rights of access to land. There are three types of land tenure according to the constitution of Kenya (2010); Private, communal and public land. For this project, the intervention is meant to transfer the land from public to private ownership.

The tenure regularization process, in this project defined by planning, surveying, preparation of ARAP and Titling Processes was therefore organized around 5 phases as shown in table 2-1 below;

Table 2-1: Tenure Regularization Process Stage Activities Primary Secondary Indicators Timelines Actor Actor 1) Mobilization • Community SEC County • Gender Undertaken Stage Mobilization KISIP Governmen representati • Introduction of Consultant t ve SEC KISIP activities working composition in Kahawa under • Community Soweto KISIP welcomed Informal the project Settlement as they have • Outlining the been waiting objective of on title deed Planning and for a long will lead to time. issuance of title • Community deeds. committed to embrace and support the project until completion 2) Planning Stage i. Base Map • Transect walks Community KISIP • Base map of Undertaken Preparation guided by SEC SEC County Kahawa and physical • 145 Consultant Governmen Soweto Mapping Beneficiaries working t Informal identified. under Settlement ii. Socio- • Existing KISIP • Every economic settlement Beneficiary Survey boundaries and was developed enumerated structure layout • Participation form basis for of SEC Planning and ensured that surveying only • 100DISCLOSUREDISCLOSURE % members ofCOPYCOPY Socioeconomic Kahawa survey of the Soweto settlement Informal Beneficiaries settlement Page 5 of 145

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Stage Activities Primary Secondary Indicators Timelines Actor Actor were the registered beneficiaries • Beneficiary list representati ve of women beneficiaries as well. i. Presentatio Community Community Nairobi City Active Women Undertaken n of the adoption of the SEC County participation socio- findings as the true KISIP Governmen in every economic reflection of the Consultant t planning findings to settlement working stakeholder the A community led under meeting. community visioning process KISIP Community ii. Visioning Community proposed for and Plan prioritizes creation of preparation accessibility motorable iii. Preliminary Community accesses in the verification involved in settlement. of the List of preparation of plan beneficiarie that best s represents their interests. Preliminary confirmation of the beneficiaries details on list of beneficiaries i. Plan A community led Community KISIP Community Undertaken Validation validation of plan SEC Nairobi City adoption of and ensured Consultant County the plan Nairobi City Approval community vision working Governmen County County ii. Final is represented under t approval of Government has Verification Community KISIP Plan- a step approved the of List of endorsed Plan towards Plan Beneficiarie Discussion on the tenure s titling options regularization (community and issuance adopted the of titles sectional properties titles) Final confirmation of list of beneficiaries w and Issuance of project ID cards to beneficiaries 3) Surveying stage Surveying and Settlement Community KISIP Impacts and Undertaken Computation Boundary SEC Nairobi City PAPs of the Beaconed and Consultant County documented structure Each beneficiaries’ working Governmen areas structuralDISCLOSUREDISCLOSURE area is under t COPYCOPY computed and KISIP coordinates picked

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Stage Activities Primary Secondary Indicators Timelines Actor Actor Approval of Survey approval Survey of KISIP New RIM Ongoing Survey Plan and adjustment of Kenya forwarded to Registry Index Ministry of Map (RIM) to Lands for include settlement Titling surveyed boundary process. number 4) ARAP Preparation ARAP Identified impacts Community KISIP Entitlements Undertaken Preparation are as a result of SEC County are given to planning and Consultant Governmen mitigate survey are working t impacts identified, under documented and KISIP mitigated ARAP Ensure client World Bank Consultant Approved Ongoing Approval commitment to working ARAP to guide implementation of under KISIP implementatio ARAP. n process and All safeguards issuance of provisions are met Titles and addressed ARAP Implementing KISIP Consultant Facilitation of Not yet implementatio ARAP activities as Community working PAPs GRM undertaken n per County under KISIP Issuance of implementation Title Deeds schedule (undertaken after facilitation) 5) Land Titling Tenure Sensitization on Options the three tenure options including modalities of title registration, management and administration of each of the following options: (i) Community land title (ii) Group titles (iii) Individual titles Sensitization Registrar of Titles Registrar of County Men allow for Undertaken/mo on Title owner Sensitizes Titles Governmen joint titling re sensitization ship Beneficiaries on Community t with spouses. to happen during (iv) Benefits of the SEC Consultant Beneficiaries implementation Titles KISIP working aware of of the ARAP (v) Conditions to under KISIP Benefits of the be granted on title being sectional Titles issued. (post re- Beneficiary development) grievances (vi) LawDISCLOSUREDISCLOSURE adequately COPYCOPY requirements addressed in Regulation

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Stage Activities Primary Secondary Indicators Timelines Actor Actor of land transactions Registration of (i) Selection of - Attorney Societies duly Awaiting societies trustees by each Community General’s registered Registration cluster group Members office (ii) Formation of -Consultant KISIP group working constitutions under (iii) Registrati KISIP on of the societies

Titles Printing The final Ministry of Signed Titles Not yet and Signing beneficiary list is Lands- are handed undertaken the basis of Chief Land over to printing of Titles Registrar National Land Commission for Approval. Gazzetement The NLC approves National The names of Not yet transfer of Public Land Beneficiaries undertaken land to Commissio is officially beneficiaries in n published in Kahawa Soweto the Kenya Gazette as title holders securing their tenure Issuance of Upon facilitation NLC County Beneficiaries Not yet Title of All PAPs, Titles KISIP finally have undertaken are issued to titles to their respective land. Tenure beneficiaries in a regularization public event. is complete

2.2 Number of Clusters / Individual Parcels and their Respective Beneficiaries4 The planning process generated a total of 23 clusters and 5 individual parcels as illustrated in the table 2-2 below;

Table 2-2: Clusters/Individual Parcels Beneficiary Breakdown No. Beneficiary Total Total Number of Beneficiaries Classification Number of Male Female Commu Institutions Titles/Plots nity within the Groups clusters/Parcels 1. Clusters1 23 391 375 5 20 . 2. Institution s 5 5 Total DISCLOSUREDISCLOSURE28 391 375 5 COPYCOPY25

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2.3 The Planning Process The following section details the planning process in Kahawa Soweto informal Settlement.

2.3.1 Plan Preparation A notice of intention to prepare the local physical and land use development plan for the Kahawa Soweto informal settlement was published in the print media, by the Director of physical planning, as it was stipulated in the repealed Physical Planning Act Cap 286 so as to pave way for the planning process.

The community participatory planning activity involved preparation of four planning models, as follows; (i) Adoptive planning model -the plan model that was adopted for this project, generated 28 parcels (23 of the parcels will be under group title while the other 5 parcels will be individual titles for community centres and/or institutions. (ii) Total Readjustment (Conventional Planning)-This planning option proposed for complete reorganization of the informal settlement layout. Despite its initial allure owing to regular plot shapes and rights of way, this option was rejected by the community due to the high number of PAPs it would have generated (iii) Partial access opening-this option involved creating minimal accesses while maintaining the (current) existing 6 clusters - This option was also rejected by the community due to the minimal intervention on provision of accesses (iv) Nil intervention-no planning intervention at all. Table 2-3 below shows a summary of the analysis of the four planning alternatives;

Table 2-3: Analysis of planning alternatives in Kahawa Soweto Informal settlement Planning Advantages Disadvantages Alternative Adoptive • Would result to attainment of • The structures on the proposed roads Planning group titles for the beneficiaries and accesses have to be relocated Approach of each cluster and individual within the same clusters thereby titles for a few of the institutions generating 140 PAPs • Allows for mixed-use developments • Provides Guidelines for futuristic development dynamics • Provides for accessible and motorable access paths Adoption of • Minimum interruptions on the • The settlement’s organic layout will the Existing 6 current settlement remain and minimal improvement of Clusters with structure/spatialDISCLOSUREDISCLOSURE layout pattern the existing conditionsCOPYCOPY will be Minimal the current 6-clusters will be achieved improvement retained • The 3m proposed accesses will be too of circulation narrow for motorable accessibility

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Abbreviated Resettlement Action Plan for Kahawa Soweto| and • Accessibility to all structures is which is against the community’s accessibility achieved desire for a well accessible settlement • Community would attain tenure • The haphazard structure layout will security at cluster level remain leaving uneconomically development spaces that cannot be utilized. • 391 PAPS will be generated by this option of opening the 3m accesses • Tenure regularization at individual level is not feasible Conventional • Best for futuristic development • Not practical as an immediate Planning dynamics development options due to the relocations expected • Will result to more project affected persons-514 PAPs • The option was not agreeable to the beneficiaries due to the displacements that would be caused Nil • No demolition of existing Continued spatial disorderliness Intervention structure/developments or Without planning intervention, the relocation of people project might not achieve its objective • The existing settlement social of improving the living conditions for networks will be maintained those in informal settlements • The ownership of the settlement will be registered to the community

The community chose the Adoptive-planning alternative5 due to its flexibility and minimal impacts on the existing settlement structure. The Adoptive plan alternative would:

i. Result in minimal interruptions as its implementation was likely to cause minimal PAPs. None of the beneficiaries would experience complete or localized displacement. ii. Lead to a realization of the vision of the settlement residents such as improved circulation and accessibility. iii. The Adoptive approach borrowed heavily from the community proposals and aspirations obtained from the visioning and participatory planning exercise. Map 2 below presents LP&LUDP prepared for the settlement.

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Map 2: Kahawa Soweto LP&LUDP

2.3.2 Titling Options Titling options were largely influenced by the planning decisions. As earlier mentioned in this report, the land use plan of Kahawa Soweto settlement resulted into two planning units, namely (i) cluster parcels (ii) individual parcels. The community title option was not considered viable by the community, especially due to its difficulty in administration considering the high numbers of beneficiaries, and expansiveness of the settlement. Smaller clusters were therefore preferred, and individual parcels for the elaborate institutions that attained the minimum registration structure plinth size. The table 2-4 below shows an analysis of the three title options.

Table 2-4: Analysis of titling options in Kahawa Soweto Informal settlement Title option Advantages Disadvantages Community • Will safeguards tenure of community • Only 1 title will be Title land at community level issued • Generation of zero PAPs • Conflicting interests amongst many individuals-difficult to strike a consensus DISCLOSUREDISCLOSURE• Land transfer COPYCOPY to a 3rd party not a community member is limited

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Individual The owner has absolute rights to • Not feasible in Soweto titles his/her land given the haphazard and dense structures development. However, this option was considered for five institutions that attained the minimum registration plinth size. Group • In immediate-short term, it will • Conflicting interests Titles achieve the primary objective to amongst individuals- safeguard tenure security of Kahawa difficult to strike a Soweto settlement consensus7 • It was relatively easier to form clusters considering that the beneficiaries don’t have claims on parcel boundary rights. Structures were therefore considered as the planning unit in formation of clusters. • Easier for administration as compared to one community title • The groups will be registered therefore will become legal entities and they will have their constitutions • A total of 23 group titles6 will be issued • Each beneficiary will be entitled to equal shares in the respective cluster • After titling, the clusters can be developed and the beneficiaries get sectional titles

2.3.3 Selection of the best Tenure Option From the analysis above, a blend of group and individual titling in Soweto are more suitable compared to the community title, with individual titles preferred for institutions with adequate plinth areas.

2.3.4 Community sensitization on Tenure Options Community sensitization on the three possible tenure options was first done during presentation of socio-economic survey findings on 24th may, 2019 and later done during presentation and adoption of the land use plan on 29th July 2019 at Kahawa Soweto settlement. A third public forum that was specifically for sensitization on land tenure options was held on 23rd August 2019 led by the Chief Land registrar. During

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this meeting, emphasis was placed on the relevance and importance of group titling option for the community members towards achieving the main project objective. However, community centres and institutions with sizeable parcel size can be registered individually. It was clearly explained to the community the reasons individual titles are not possible which was that the resultant parcel sizes would be too small to be registrable and will lead to 100% PAP generation.

The community members were also informed on the modalities of group title registration including guiding them on registration of cooperative/societies8. In each respective society to be registered, the members will have choose trustees and come up with their constitution outlining guidelines they will adhere to (operationalization of the groups especially on transfer of one’s share by sale or death of a beneficiary). Then they shall be registered and the beneficiaries shall be entitled to an equal share in their respective clusters. The community members were also informed that the original titles would be under the custodianship of the chief land registrar, or a trustee of their choice. Some of the concerns that were raised included share entitlement in the clusters given already people had varying structure sizes/what would ownership documents will they get and what would happen if the beneficiary dies. The community was informed that the structure size would not be a factor and that beneficiaries will be treated equally in the respective clusters since all had settled on public land with no land ownership documents. On ownership documents (what the beneficiary would have to show ownership), it was made clear that members will be issued with share certificates. The members were also informed they would be able to transfer their interest as per the sec.91(5) of the Land Registration Act, 2012 provisions which indicates where land is held in tenancy- in-common, if one dies, the next of kin can have the share. Although a majority of the community members (92%) had opted for individual titles during the socio-economic survey exercise, they had a change of mind after sensitization on group title option through a series of community meetings & workshops during the project period, and upon the realization that individual titling would not be possible in Soweto.

Despite that the cluster option will achieve this project’s main objective of enhancing tenure security it will also achieve a greater sense of communal lifestyle, maintaining the social networks and interactions within the community.

2.3.5 Group Title Analysis Consultations with the departments of lands, Ministry of Lands and physical planning, informed that any title that holds more than 1 person (co–ownership/tenancy) is referred to as a group title. Group titles (co-tenancy) could bear the following forms; (i) Joint tenancy -. Joint tenancy is a concurrent form of property ownership where two or more persons share equal, undivided interests in property. Under this ownership,DISCLOSUREDISCLOSURE and as stated in section 91 (4) 0f the Land RegistrationCOPYCOPY Act,

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disposition of the property can only be done by the all the joint tenants. On the death on a joint tenant, the interest of that tenant shall be vested in the surviving tenants. Further, any joint tenant wishing to transfer their interest can only do so to other joint tenants, and not to other persons outside the joint tenancy. Due to the restrictive nature of this form of co-tenancy, it is mostly used amongst couples. Section 91 (8) of the Land Registration Act states: On and after the effective date, except with leave of a court, the only joint tenancy that shall be capable of being created shall be between spouses, and any joint tenancy other than that between spouses that is purported to be created without the leave of a court shall take effect as a tenancy in common (ii) Tenancy in common –Tenancy in common is a form of concurrent ownership of land in which two or more persons possess the land simultaneously where each person holds an individual, undivided interest in the property and each party has the right to alienate, or transfer their interest. Undivided interest in the property implies that each co-owner has unity of possession meaning that; each tenant has a right to possession of the property as a whole but none of them has a right to exclusive possession of any part of the property, and none of the owners may claim a specific area of the property. Tenants in common may have unequal shares and different ownership interests. On the death of a tenant, the deceased’s share shall be treated as part of their property. This form of ownership has no right of survivorship. The Section 94 (1) of the Land Registration Act states that: Any of the tenants in common may, with the consent of all the tenants in common, make an application, in the prescribed form, to the Registrar for the partition of land occupied in common and subject to the provisions of this Act and of any other written law applying to or requiring consent to a sub-division of land and of any covenants or conditions in a certificate of a land, the Registrar shall effect the partition of the land in accordance with the agreement of the tenants in common. Table 2-5 below shows the key differences between the two forms; Table 2-5: Summary of Key Issues between the two forms of Co-Tenancy No. Issue Tenancy in Common Joint Tenancy 1. Shares Both forms prescribe to undivided interest of the whole − Tenants in common may have either equal Joint tenancy must have or unequal shares and different ownership equal shares regardless of interests the contribution of each tenant − Whereas the percentage owned varies, no No individual may claim individual may claim ownership to any ownership to any specific specific part of the property. part of the property.

2. Disposit − The members of the agreement may − Have equal undivided ion independently sell or borrow against their right to keep or dispose portion of ownership. of the property − Each party has the right to alienate or − If joint tenants mutually transferDISCLOSUREDISCLOSURE the ownership of his/her interest. agree COPYCOPY to sell the property, This can be done by deed, will or other they must equally divide conveyance means the proceeds of the sale

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− All decisions to develop, mortgage, sell or − A joint owner may decide use the property may only be made to transfer or sell their collectively by all co-owners interest on property

3. Right of − No rights of survivorship. Unless Has rights of survivor the deceased owner's will or other survivorship. The interest ship instrument specifies that their interest in of a deceased owner gets the property is to be divided among transferred to the the surviving owners, a deceased person's remaining surviving interest belongs to the estate owners in equal shares − Further, tenants in common can bequeath their share of the property to anyone upon their death

4. Termina A tenancy in common can be broken if one A joint tenancy can be tion of the following occurs: broken if one of the co- − One or more co-tenants buys out the owners transfers or sells others his or her interest to − The property is sold and the proceeds another person, thus distributed amongst the owners changing the ownership − A partition action is filed, which allows arrangement to a tenancy an heir to sell his or her stake. At this in common for all parties. point, former tenants in common can choose to enter into a joint tenancy via written instrument if they so desire.

5. Contrac Contract terms for tenants in common are Joint tenancy is entered t Terms detailed in the deed, title, or other legally into by the joint tenants binding property ownership documents. at the same time, usually through a deed. Tenancy in common agreements may be Joint tenants must obtain created at any time. So, an individual may their interest at the same develop an interest in a property years time and in the same after the other members have entered into document. a tenancy-in-common agreement

Way Forward a) The right of survivorship in joint tenancy creates a risk to the beneficiaries, due to possibility of elimination of co-owners by members who may not be of good will. The last surviving member would become the sole beneficial owner of the land. In addition, joint ownership has no provision for inheritance, therefore limiting the transfer of ownership to a beneficiaries’ heirs. Section 91(8) of the Land Registration Act, stipulates that joint tenancy may only be allowed among couples. For these reasons, tenancy in common is preferred as the better option for this settlement. b) As tenants in common, each beneficiary will own shares proportionate to the current sizes of theirDISCLOSUREDISCLOSURE parcels COPYCOPY c) Each co-owner will be provided with a copy the certificate of ownership, pursuant to section 92 of the Land Registration Act. The original title will remain under the custodianship of the Chief Registration Page 15 of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| d) Each co-owner within a group will forward the names of the next of kin for their share in case of demise or incapacitation e) Each beneficiary will be entitled to dispose of their individual share f) The contract terms including shares and any other allowable covenants that the individual groups may enter will be stated as conditions in the certificate of lease or title deed g) The community will be sensitized by KISIP on the terms of termination as stated in the table 2-5 above. h) Despite that currently the co-owners have specific geographical locations of their parcels, which has further informed on the shares owned by each tenant, any future decisions to redevelop the parcels must be done as a group. This will also allow for observation of the proposed zoning regulations, especially on the widening of the access roads. Although the community was generally informed of the group title during the various meetings at planning stage as earlier stated in this report, further sensitization on all features of tenants in common form of ownership will be done by KISIP in collaboration with the department of Lands, Ministry of Lands and Physical Planning. Further Sensitization will also be done by the two institutions on formation, management and registration of the societies. This will take place before registration of the titles. 2.4 Cluster / Parcel Analysis There are 23 clusters where titles will be issued to beneficiaries under registered societies and 5 parcels that will be titled individually as presented in the following table 2-6.

Table 2-6: Number of Beneficiaries by clusters/parcels Beneficiaries Total No. of Cluster Institutions/com Beneficiaries Male Female munity groups A(Parcel) 2 - - 2 B 41 19 15 7 B1(Parcel) 1 - - 1 C 34 13 21 D 38 22 16 E 31 18 12 1 F 25 15 10 G 29 11 17 1 H 42 20 21 1 I 45 20 23 2 J 42 23 18 1 K 25 14 9 2 L DISCLOSUREDISCLOSURE32 15 15 COPYCOPY2 M 49 26 23 N 25 11 13 1

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Beneficiaries Total No. of Cluster Institutions/com Beneficiaries Male Female munity groups O 30 15 15 P 45 23 21 1 Q 29 16 12 1 R 25 12 13 S 38 17 21 T 32 11 20 1 U 30 18 12 V 36 16 20 W 23 9 14 X 42 27 14 1 Y(Parcel) 3 3 Kahawa Health 1 - - 1 Centre (Parcel) Kahawa Primary 1 - - 1 School (Parcel)

2.5 Validation of Plan and List of Beneficiaries The Kahawa Soweto community validated and endorsed the LP&LUDP on 29th of July 2019 in the presence of the project’s consultant, KISIP National and County teams and local MCA’s representative. The community confirmed that the adoptive plan was their best choice and it had been prepared with their inputs.

Verification and validation of list of beneficiaries was necessary to further counter check the details and authenticity of the list of beneficiaries that had been generated from the socio-economic and physical mapping activities. This exercise was conducted twice during the project period – (Preliminary Verification and the Final Verification). Final list of beneficiaries’ verifications was done between 29th and 31st July 2019. It involved issuance of project ID cards to the beneficiaries and those signing in the List of beneficiaries confirming their details were correctly captured.

To safeguard the legitimate beneficiaries against imposters, the following measures were undertaken;

i. The SEC was involved and they played a key role in ascertaining the actual structure owners in the settlement ii. Involvement of local leadership / administration (including the area chief, DCC, village elders) iii. To avoid any ownershipDISCLOSURE doubts, all the beneficiaries would identify COPY their close neighbors thusDISCLOSURE preventing people from outside the settlement COPY claiming structure ownership in the settlement. iv. The exercises of verification of the List of beneficiaries was done publicly

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To foster legitimacy and acceptability of the LP&LUDP and the entire process of tilting thereof, community participation and engagements was central throughout the planning and surveying process. This comprehensive and inclusive planning process brought together all stakeholders including community members (SEC members, structure owners, youths, the vulnerable, community elders and business community); CBOs and FBOs; NGOs; religious leaders; technical staff (KISIP County and National Teams, the Consultant) and other key stakeholders including the area chief, area MCA and former leaders.

Out of the above stakeholders’ engagement meetings, the key sensitization messages revolved around: • Progress of each project output accompanied by presentations to the community for comments and concurrence; • Selection and adoption of most preferred planning option that would ensure minimum disruption of the community set-up; • Formulation of plan proposals including community-led decisions on beneficiaries who will be affected by the plan where roads and access ways are created. The community members expressed their willingness to relocate and give way for the accesses at any time required to do so. • Selected provisions from the Constitution of Kenya on rights of ownership of Land and property, inclusion of women, the minority groups and vulnerable groups, and protection of the Environment. Protection of Children’s rights was also encouraged; • Tenure options community, group and individual title options, with emphasis on group titling having been chosen by the community as the best option (detailed under section 2.1.4) of this report. • The community was also sensitized on possible grievances that would arise during the process and ensuring amicable resolution of disputes through the community led mechanism, that is the SEC and Grievance Redress committee; • Ensuring that they do not interfere with the beacons, but rather, they were encouraged to protect them and; • Cut-off date of 29th July 2019 during community plan adoption meeting 2.6 Plan Approval The Kahawa Soweto LP&LUDP has been processed and approved by the Nairobi City County Government under Approved Plan No.: UP/UPR&S/ZONE 17/183/01/20. 2.7 Surveying Phase The surveying phase marks the implementation of the approved plan through placing of beacons and marking of boundaries as stipulated in the plan. Surveying activities of demarcating the cluster and individual parcel boundaries was duly undertaken and beacon certificates signed by the respective cluster leadership. The final process of the surveying phase was amendment of the RIMs by the Director of Survey. DISCLOSUREDISCLOSURE COPYCOPY

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2.8 Preparation of Abbreviated Resettlement Action Plan for Kahawa Soweto The preparation and implementation of the adopted Local Physical and Land Use Development Plan (through surveying) for Kahawa Soweto informal Settlement, resulted to impacts on 140 PAPs. This was as a result of creation of the motorable accesses within the settlement, which led to partial and full impact on 146 structures. This report was prepared against an approved LP&LUDP which formed the basis of the process of preparing this report. The affected PAPs were less than 200 and this led to the preparation of an Abbreviated Resettlement Action Plan as per the World Bank’s OP 4.12 and specifications in the KISIP Resettlement Policy Framework. 2.9 Continuous Sensitization on Title Registration There was a continuous community sensitization on land ownership rights since the first community meeting in the settlement. It was encouraged that everyone (male, female, institutions and vulnerable groups) had equal rights to be registered as the rightful landowners of their cluster they reside in within the settlement. Additional sensitization on the management and administration of the group titles will be done during the RAP implementation to further enlighten the beneficiaries on dynamics such as management of the group title under a cooperative society, shares, transfer within the cluster, and development regulations. 2.10 Societies for Management of Group Titles

Further to the insights provided under section 2.3.4 & 2.3.5 of this report (on community sensitization of tenure options & management of group titles), formation of societies will be done under the legal provisions of the Societies Act, Cap 108.

Requirements for registration of a society

1. Proposed names for search and approval; 2. Objects of the society; 3. The number of members in the society (At least 10 members); 4. The names, occupation and postal addresses of the Chairman, treasurer and secretary; 5. Proposed Physical address of the society. Address includes road, plot number, town, and county; 6. Constitution for the society; 7. Form A (application for registration of a society) 8. Form B (notification of registered office and address of a society)

Table 2-7 below shows the status of the requirements stated above:

Table 2-7: Formation of societies No RequirementDISCLOSUREDISCLOSURE Status COPYCOPY 1. Formulate unique group names This has already been done by respective groups

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2. Elect officials / trustees of each group This has already been done by respective groups

3. Formulate constitutions & objectives of each This has already been done by group respective groups

4. Proposed Names for Search and approval This has been done by KISIP

5. Form A (application for registration of a society) Filled by the respective groups

6. Training of the members by the respective Pending Ministry

7. Filling of registration Forms Done by KISIP

Ownership of Land All land, buildings and other immovable property and all investments and securities which shall be acquired by the society shall be vested in the names of not less than 3 trustees who shall be members of the society and shall be appointed at an annual general meeting for a period of three years. A general meeting shall have the power to remove any of the trustees and all vacancies occurring by removal, resignation or death, shall be filled at the same or next general meeting. The various clusters can be registered as associations under the Societies Act. This regime ensures the proprietary interests of the members are protected by having special clauses in the constitution as to regards to the disposition of land. The Constitution should not allow the members to dispose of the land. Furthermore, there should be no addition of new members into the groups. In order to protect the property rights of members, it is proposed that a clause be included to only allow change of membership by way of transmission, that is to say a next of kin of a registered member comes in to take the position in the event a member is deceased. In addition, the PLWD beneficiaries will have trustees to safeguard her shareholding in the Group Title registration. This will be clearly documented during formation of the respective society. Subsequent training of the beneficiaries during RAP implementation will ensure that they are well educated on these provisions. DISCLOSUREDISCLOSURE COPYCOPY

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CHAPTER 3: POLICY AND LEGAL FRAMEWORK

3.1 Introduction Preparation of a Local Physical and Land Use Development Plan (LPLDP) for tenure regularization may trigger Project impacts to people’s assets and livelihoods sources. KISIP’s RPF, anticipates minimal displacement impacts of the project activities which could be occasioned by partial demolition of structures to expand / realign road reserves. The Resettlement Policy Framework (RPF) for KISIP 2014 anticipates insignificant potential for displacements within the KISIP beneficiary settlements since the projects are being undertaken within the public/designated way leaves and reserves, and public land reserved for such purposes. The RPF has been prepared in conformity with OP 4.12 of the World Bank and is anchored in the policy and legal provisions of the GoK pertinent to Involuntary Resettlement. However insignificant the impacts may be, this ARAP observes that negative impacts of displacements, resulting from tenure regularization in Kahawa Soweto settlement, has to be mitigated through observance of appropriate legal guidelines stipulated in the Kenya constitution 2010 and the World Bank OP 4.12 and where the Kenyan Laws conflict with the World Bank policy, the Bank policies takes precedence. 3.2 Relevant Policies and Laws of Kenya In order to mitigate the negative impacts of the affected persons, relevant national and local laws, regulations and guidelines on resettlement have been adopted for this ARAP. These regulations and guidelines are as follows:

3.2.1 The Constitution of Kenya of 2010 The Constitution of Kenya 2010 recognizes individuals’ right to matters of owning property including land, and displacement. It recognizes issues of gender as far as land and property is concerned. Chapter Five of the Constitution, entitled "Land and Environment,” articles 60 – 68, describes the principles of land policy. Land should be held, used and managed in a manner that is equitable, efficient, productive and sustainable and in accordance with security of land rights, sound conservation and protection of ecologically sensitive areas.

3.2.2 The Land Act (2012) and National Land Policy (2017) Land Act (2012) guides the implementation and harmonization of the National Land Policy and the Constitution by regulating land management and administration to increase the security of tenure The National Land Policy classifies land in Kenya as public, community or private land. The public land is held by the state and used for public purposes. Community land refers to land lawfully held, managed and used by a given community as defined in article 63 of the constitution. Private land refers to land lawfully held, managed and used by an individual or other entity under statutory tenure. DISCLOSUREDISCLOSURE COPYCOPY 3.2.3 The Societies Act Cap 108 The Societies Act was enacted to make provisions for registration and control of societies in Kenya. The Act defines a society as “any club, company, partnership or

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other association of ten or more persons, whatever its nature or object, established in Kenya or having its headquarters or chief place of business in Kenya excluding profit making bodies of trade unions, cooperatives, corporations, and certain other entities”. Societies are registered and regulated by the Registrar of Societies appointed under section 8 of this Act. Section 9 of the Act stipulates that a society shall make application to the Registrar of Societies within twenty-eight days after their formation for registration. Under Section 19 of the Act, it requires societies to have guiding constitution or rules to guide its management. The contents of the constitution are listed in the Schedule of the Act. To ensure successful titling of 23 clusters in Kahawa Soweto settlement, beneficiaries will be required to form societies whose registration and management shall be guided by provisions of this Act.

3.2.4 Land Registration Act (2012) Land Registration just like the land Act is one of the Acts that were formulated to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved Government in land registration, and for connected purposes. In public land management, the Commission is required in section 10(1) to prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use. In these guidelines, management priorities and operational principles for management of public land resources for identified uses shall be stated. The land occupied by Kahawa Soweto settlement is classified as Public land thereby invoking some sections of this Act. Also, the act informed the registration of co-tenancy details that informed adoption of the tenancy-in-common approach for the beneficiaries in the settlement.

3.2.5 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities No. 56 of 2012 (Large Scale Development Projects) In terms of large-scale development projects, the Act defines Internally Displaced Persons as a person or group of persons who have been forced to leave their homes or places of habitual residence as a result of large-scale development projects. Hence this project triggers the Act. According to article 5(2) and 6(3), the government shall prevent such displacements except where it is justified by overriding public interests. Article 22(1-5) explains the procedures for displacement induced by development projects, which should take into considerations the following: • Seek the free consent and informed consent of the affected persons; • Hold public hearings on the project planning • Give justification for displacement and demonstrate that the displacement is unavoidable and no feasible alternative exist • Give reasonable time to the persons affected to review the decision and challenge it if need be • the displacement to be carried out in a manner that is respectful of the human rightsDISCLOSUREDISCLOSURE of those affected, taking in particular intoCOPYCOPY account the protection of community land and the special needs of women, children and persons with special needs

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• The process to incorporate information for those affected and their effective participation, including by women, in planning, management of the displaced, and in defining suitable durable solutions; • Provisions of safe, adequate and habitable sites and to the greatest practicable extent, of proper accommodation; and • Creation of satisfactory conditions of safety, nutrition, health and hygiene and the protection of family unity. • Ensure the presence of government official when the displacement and relocation is effected and the monitoring by the independent body. 3.3 National Land Commission Act 2012 The National Land Commission (NLC) 2012 under Article 67(2) of the Constitution is mandated to alienate public land on behalf of, and with the consent of the national and county governments, monitor the registration of all rights and interests in land; ensure that public land and land under the management of designated state agencies are sustainably managed, manage and administer all unregistered trust and community land. 3.4 The Valuer’s Act Cap 532 The Act establishes a board (Valuers Registration Board-VRB) with the responsibility of registering the valuers and regulating their activities according to the provision of the Act. In the Kahawa Soweto project, the Act is triggered since a registered valuer is required to carry out valuation estimates for the project according to the regulations in the Act. All affected assets under this ARAP has therefore been valued by a qualified and registered valuer. 3.5 KISIP’s Resettlement Policy Framework KISIP’s RPF conforms to OP 4.12 of the World Bank and is guided by the legal provisions of the Kenya constitution 2010 as relates to Involuntary Resettlement namely; - The National Constitution, Sessional Paper No. 3 of 2009 on National Land Policy, Chapter 288 of the laws of Kenya among others. The OP 4.12 of the World Bank requires that an RPF be prepared for all projects that anticipate displacement of both settlements and livelihoods. Under KISIP’s activities, minimal displacements are anticipated and therefore, the RPF: i. Provides for a policy, legal and institutional framework for responding to all direct economic and social displacement impacts occasioned by activities undertaken under KISIP: • 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 • The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the affected persons. ii. Offers choices among, and identify technically and economically feasible resettlement alternatives;DISCLOSUREDISCLOSURE and, COPYCOPY iii. Puts in place modalities for providing prompt and effective compensation at full replacement cost for loss of assets attributable directly to the project and

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provide support during the transitional period to enable the affected people to improve or at least restore their pre-impact living standards. 3.6 The World Bank’s Involuntary Resettlement Policy OP 4.12 The World Bank’s Involuntary Resettlement Policy OP 4.12 requires that social impacts of all project it supports be mitigated according to operational polices that spell out the principles and planning methods for mitigation work. The World Bank’s IRP applies whenever property must be acquired, or its use modified, for a project, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary and whether the occupation is legal or illegal. World Bank Involuntary Resettlement (OP 4.12) states that: • Avoiding or minimizing involuntary resettlement where feasible, exploring all viable alternative project design; where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to give the persons displaced by the project the opportunity to share in project benefits; • Displaced persons should be meaningfully consulted and have opportunities to participate in planning and implementing resettlement programs; • Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to beginning of project implementation, whichever is higher and; • The production/livelihood systems of a community are safeguarded to the extent that guarantees their livelihoods and that their skills base remain relevant regardless of the resettlement site. The policy objectives are also designed to minimize kinship group dislocation that might subject the affected persons to unfair competition when mutual help is diminished or lost.

World Bank’s (OP 4.12) allows that “for projects in which the number of people to be displaced with a loss of assets or restriction of access to assets is small (less than 200 persons will experience resettlement effects), an Abbreviated Resettlement Plan (ARAP) should be prepared. The displacement of assets in Kahawa Soweto settlement meets these conditions. 3.7 World Bank Safeguard Policy on Resettlement The World Bank Operational Policy 4.12 is a common standard of approved principles and guidelines for compensation/resettlement for this type of project. World Bank principles should, however, be harmonized with the national laws of the subject country where the project is to be funded to the extent possible. In case of conflict between OP/BP 4.12 and national laws, OP/BP 4.12 will prevail. The World Bank Group’s O.P. 4.12 on Involuntary Resettlement is, therefore, applicable to the project; key features of this policy are as follows: (a) All viable alternative project designs should be explored to avoid or minimise the need for resettlement and when it cannot be avoided, to minimise the scale and impacts of resettlement.DISCLOSUREDISCLOSURE COPYCOPY (b) Resettlement measures are to be conceived and executed as development activities. (c) Assistance should be given to the community in their efforts to improve former

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production levels, income-earning capacity and living standards, or at least restore them to the levels at which they would have been without the project. (d) Displaced persons should be: • Compensated at full replacement cost prior to the actual move; • Assisted with relocation; and • Supported during the transition period. (e) Attention will be given to socially disadvantaged and vulnerable groups as the very poor, the disabled, minorities, orphans and child-headed families, squatters and others without clear legal rights to land, those incapacitated by advanced age, among others. This has been complied with and vulnerable person have been identified and earmarked for special assistance. (f) Communities will be given opportunities to participate in planning, implementing and monitoring their resettlement/compensation. This has been complied with; and extensive community and stakeholder consultations were undertaken. Also, the views of the community members and other stakeholders have been considered and integrated into the ARAP. 3.8 Analysis of the Gaps between National Legal Frameworks and the World Bank Policies The principles behind the national legal framework and World Bank Policies are to ensure that the affected persons are not disadvantaged due to involuntary resettlement. Where there is a gap between Kenya law and the World Bank policy, the World Bank policy shall apply in this ARAP. There are some differences between the World Bank Policy and the Laws of Kenya on resettlement and compensation. In general, where there is a difference between Kenyan Laws and OP 4.12, the latter shall prevail.

Table 3-1: Comparative Analysis of World Bank OP 4.12 and Kenya constitution OP 4.12 Kenyan Legislation GAP filling Measures GENERAL REQUIREMENTS World Bank OP 4.12 has overall 1. The Land Act, 2012 Act 1. Ensure that policy objectives, requiring that: outlines procedures for resettlement issues 1. Involuntary resettlement sensitizing the affected are considered at the should be avoided wherever population to the design stage of the possible, or minimized, project and for project to avoid/ exploring all alternatives. consultation on minimize 2. Resettlement programs implications and resettlement. this should be sustainable, grievance procedures. includes minimum include meaningful 2. The Land Act 2012 planning standards consultation with affected guarantees the right to adopted for KISIP parties, and provide benefits fair and just 2. Implement World to the affected parties. compensation in case of Bank OP 4.12 policy 3. Displaced persons should be relocation. –affected persons assisted in improving 3. The Land Act does not should be assisted in livelihoods etc., or at least stipulate that improving their restoring them to previous resettlement should be livelihood to pre- levels. DISCLOSUREDISCLOSUREavoided wherever project COPYCOPY status. possible; on the 3. Livelihood contrary, as long as a restoration plans project is for public should be put in interest, involuntary Page 25 of 145

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resettlement is place as guided by considered to be World Bank OP 4.12 inevitable. 4. The compensation 4. Just and fair should be fair as compensation as outlined by Land Act outlined in the Land Act 2012. The affected 2012 is not clear and persons should be can only be determined meaningfully by NLC, which can be consulted and made subjective. It is does not to understand the talk about improving valuation process, livelihood or restoring concept of Open them to pre-project Market Value (OMV) status. and the general valuation principles. PROCESS REQUIREMENTS Consultation: Displaced persons The Land Act outlines Implement consultation should be meaningfully consulted procedures for consultation procedures as outlined and should have opportunities to with affected population by in both Kenyan participate in planning and the NLC and grievance legislation and World implementing resettlement management procedures. Bank. For involvement programs, the policy is particular of vulnerable and on involving vulnerable and women, the OP 4.12 will marginalized as well as women in be applicable. the process. Grievance: For physical Land Act 2012 clearly Adopt both by providing resettlement, appropriate and outline the steps and for alternative grievance accessible grievance mechanism process for grievance mechanism that are will be established. redress that includes project based. Affected alternative dispute persons also free to seek resolution, re-negotiation legal redress if not with NLC and is backed by satisfied. the judicial system through Environmental and Land Court Kenyan legislation meets OP4.12 requirements. Eligibility Criteria Defined as: The Land Act 2012 provides Ensure ALL users (a) those who have formal legal that written and unwritten (including squatters, rights to land (including official or customary land laborers, rights of customary and traditional rights rights are recognized as access) of affected lands recognized under the laws of the valid land right. The Law are included in the country); provides that people census survey and (b) those who do not have formal eligible for compensation compensated legal rights to land at the time the are those holding land appropriately. census begins but have a claim to tenure rights. such land or assets—provided Land Act also recognizes Implement cut-off that such claims are recognized those who have interest or procedures as outlined under the laws of the country or some claim in the land such in the RPF, Kenyan law become recognized through a pastoralist or who use the and the WB operational process identified in theDISCLOSUREDISCLOSURE land for their livelihood. procedures COPYCOPY resettlement plan. The constitution recognizes ‘occupants of land even if they do not have titles’ and

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(c) Those who have no payment made in good faith recognizable legal right or claim to those occupants of land. to the land they are occupying. However, this does not include those who illegally To determine eligibility: acquired land. Carry out resettlement census. Land Act 2012 provides for Cut-off date for eligibility is the census through NLC day when the census begins. inspection and valuation process but is not clear on cut-off date. Measures: Preference should be Land Act 2012 appears to Ensure that all given to land based resettlement prefer cash for cash as the alternative options are strategies for displaced persons mode of compensation by considered before whose livelihoods are land-based. the Government to the providing cash Cash based compensation should affected population. compensation. only be made where (a) land taken for the project is a small Land Act talks of prompt, OP 4.12 Prevails. fraction of the affected asset and just compensation before the residual is economically the acquisition of land. OP 4.12 Prevails. viable; (b) active markets for lost However, interpretation of Implement prompt and assets exist and there is sufficient just compensation is yet to effective compensation supply of land and housing; or (c) be clearly outlined through at full replacement cost livelihoods are not land-based. a specific schedule. for the losses of the Attorney’s fees, cost of assets. Ensure that ALL World Bank OP4.12 Article 6(a) obtaining advice or cost resettlement options are requires that displaced persons incurred in preparing and agreed on with PAPs and are provided with prompt and making written claim not in put in place before effective compensation at full the Land Act. The Act does displacement of affected replacement cost for losses of not out rightly stipulate persons. assets attributable directly to the assistance for relocation but project. rather that is left subject to If physical relocation is an interpretation. impact, displaced persons must be provided with assistance during relocation and residential housing, housing sites and/or agricultural sites to at least equivalent standards as the previous site. Replacement cost does not take depreciation into account. In terms of valuing assets, if the residual of the asset being taken is not economically viable, compensation and assistance must be provided as if the entire asset had been taken.

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Valuation: With regard to houses Valuation is covered by the Apply the World Bank and other structures, it is the Land Act 2012 and OP4.12 valuation and market cost of the materials to stipulates, as already compensation measures. build a replacement structure mentioned, that the with an area and quality similar affected person receive just to or better than those of the compensation but it is not affected structure, or to repair a specific of the exact amount partially affected structure, plus or procedures on the same. the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes.

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CHAPTER 4: APPROACH AND METHODOLOGY

4.1 Introduction The Abbreviated Resettlement Action Plan for planning and tenure regularization of Kahawa Soweto informal settlement was developed within a method consistent with the WB policy regulations and the Government of Kenya legal framework. The affected assets were valued by a qualified and registered land valuer as guided by this Abbreviated Resettlement Action Plan. The PAPs socio-economic census and consultations were led by an experienced sociologist. The ARAP process included review of relevant documents, field visits, public consultations, and individual PAP socio-economic household surveys. Specifically, the various activities undertaken to prepare the ARAP are as follows:

4.1.1 Review of relevant documents This involved reviewing of relevant documents including: i. KISIP Resettlement Policy Framework (RPF) which provides a framework consistent with the World Bank’s OP 4.12 for mitigating physical and livelihood displacement impacts. ii. World Bank policies on Involuntary Resettlement i. Nairobi City County Integrated Development Plan (CIDP) 2018-2022. ii. KISIP Environmental and Social Management Framework (EMSF) which provides a framework for identification and mitigation of potential environmental and social impacts arising from any KISIP project intervention. iii. Socio Economic Report for Kahawa Soweto settlement 2019 (prepared as part of this consultancy) to provide baseline information for design and monitoring project interventions. iv. Survey Plans, Registry Index Maps (RIMs) and Local Physical and Land Use Development Plans (LP&LUDPs). The maps provide for the main settlement access road of 9m and internal circulation accesses of 6m wide. v. Legal and policy frameworks

Literature review was aimed at understanding the socio-economics of the project area; harmonizing differences in resettlement and compensation guidelines between the Kenya constitution and the World Bank Operational Policies, notably O.P 4.12 and establishing land tenure systems in the project area.

4.1.2 Socio-economic interviews and Census Survey of PAPs Field visits were undertaken to identify the properties affected by the project. GPS devices were used to establish the extent of the property affected. In addition, observation of social and physical setting of the area as well as economic activities was undertaken. Interviews were held with 140 PAPs, representing 100% of all PAPs, using pre- designed semi-structured questionnaires. Using a GPS, affected properties were identified and measurements and photographs taken. During the household interviews, the followingDISCLOSUREDISCLOSURE aspects were covered: Contact details and demographic COPYCOPY data of the affected household, • Contact details and demographic data of the affected household, • Vulnerability of PAPs

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• Culture and social networks • Livelihoods and income sources, • Access to facilities and services’ • Land tenure/ownership and structures in the homestead, • Perceptions of the titling programme and clearance from ROW for infrastructure provision and, • Anticipated impacts of the project

Analysis of the data collected for the socio-economic survey, was done using MS- EXCEL and annexed into the ARAP report for Kahawa Soweto informal settlement.

4.1.3 Stakeholders consultation Public participation is a key principle in the Kenyan Constitution (2010)-article 10. This was achieved through various community meetings that were held from the time of project initiation to the culmination of the ARAP report preparation.

4.1.4 Identification and Valuation of affected assets Valuation, which is the art or science of establishing the worth of a particular interest in property for a specific purpose and at a particular moment in time, considered all the features of the property, demographics, topography as well as the underlying market drivers. The valuation exercise was undertaken as per the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulate the activities and conduct of registered valuers. The Act governs the formation and guidelines of valuation practice including the annual licensing and gazettement of Valuers. The Board also deals with ethics of the profession as well as registering complaints, disciplining and deregistering of unethical members.

The dates of inspection or survey were on 2nd to 4th September and 9th to 10th October 2019. During the PAP census survey, the type of structures affected ranging from semi- permanent to temporary structures were documented. The amount of compensation for individual PAPs was arrived at after computation of what he/she owned based on the asset inventory. A detailed breakdown of the affected assets is appended to this report.

The valuation method adopted was full replacement cost method or contractor’s method for asset valuation. This method of valuation is based on an estimate of the current market value of the asset, and other considerations. Valuation was based on detailed field data, description on type of property, condition, plinth/built-up area and replacement cost value. Through this method, the assets valued included buildings (both permanent and temporary) within the proposed project area. Valuation was based on detailed field data, description on type of property, condition, plinth/built- up area and replacement cost value.

Primary valuation data was collected through the following methods: • Field Survey of properties along the wayleave corridor. This survey encompassed identificationDISCLOSUREDISCLOSURE and measurement of the beacons COPYCOPY indicating the wayleave and the extent of this wayleave to the affected structures. • Site transect walks and observations along the wayleave to gauge the general overview of all the PAPs, affected properties and their condition. Page 30 of 145

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• Interviews with local contractors to get a feel on the local construction costs to determine the cost of construction per square feet used in our valuation. This data was compared with that of recent Quantity Surveyor Journal in our analysis of construction cost adopted for permanent structures.

4.1.5 Valuation Parameters Different parameters were used in this valuation and RAP depending on the specific item under valuation, their nature, their use, and intervening circumstances that may have effect on the value. The items were categorized as: temporary structures, permanent structures, semi-permanent structures and fences.

Permanent buildings/masonry stonewall fence/wooden kiosks were valued based on Full Replacement Cost taking into account the nature of building materials and appropriate rate of replacement derived from contractors around. Temporary wooden fences were valued based on price of newly sewed timber/ timber off cuts, number of posts used, approximate number of nails used, labor and transport costs. The same applied to barbed wire fence where we estimated approximate number of rolls used, posts and amount of mixed concrete required for reinforcing the post to the ground, transport and labor costs.

Fences were valued based on reproduction cost (new seedlings and labor required to tend to them like weeding, pruning, pest control etc.) up to maturity. The only very temporary structures like polythene paper roofed kiosks were valued based on cost of replacing the structure with new materials plus attendant costs.

In addition to the above, valuation of loss of livelihood was based on average monthly income and computed for three months, a period within which livelihood can be restored. This time frame is enough to re-construct a new structure. 4.2 Cut-off date. In the KISIP Resettlement Policy Framework, the cut-off date is described as the date of start of the socio-economic survey/census and asset inventory of PAPs. Following declaration of the cut-off date on 29th July 2019 during community plan adoption meeting, it was explained and made clear that, persons entering and/or occupying land in the project area will not be included in the inventory of PAPs and not eligible for any entitlement. In addition, assets including structures and fences established or modified after the cut-off date will not be considered for compensation.

The affected properties were identified and valuation carried out to assess commensurable values. In this process, only PAPs registered during the baseline survey were considered eligible for facilitation. The PAP’s census survey, a consultative sensitization meeting with all PAPs was undertaken on 2nd September and 12th November 2019 with minutes attached as annexes 1 and 2. Both meetings were attended by stakeholders including the Nairobi City County government representatives, PAPs, KISIP and the area chief. The PAPs census survey as well as valuation of propertiesDISCLOSUREDISCLOSURE were undertaken on2nd to 4th September and 9COPYCOPYth to 10th October 2019. Participation during this cut-off date consultative meeting is presented in the following table:

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Table 4-1: Stakeholder participation during the cut-off date consultative meetings Purpose of Date Category of Number of Subjects of Meeting Stakeholders Participants by Discussion Gender Male Female Total Consultative 2.9.2019 Community 26 27 53 Community RAP meeting members appraisal on the Undertaking 12.11.2019 PAPs 101 69 170 RAP process a Sensitization on mobilization social safeguards and (Gender, sensitization vulnerable for PAPs groups, GRC/M etc.) and entitlement

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CHAPTER 5: PUBLIC CONSULTATION AND PARTICIPATION

5.1 Introduction Community participation in the ARAP process was critical to ensure that the needs, priorities and aspirations of the PAPs provided guidance for effective participatory planning. Through this process, the community ultimately owned the project.

The main objectives of Consultation and Participation were to: i. Create awareness among the affected persons on the impact ii. Have an all-inclusive process involving all the stakeholders – community, county government, and other stakeholders with interests on the settlement; iii. Provide an opportunity for PAPs in the proposed project area to raise issues and concerns pertaining to the project and; iv. Facilitate collection and collation of PAPs and other stakeholders’ views as well as incorporating them into the ARAP procedures and structures. 5.2 Categories of stakeholders The main stakeholders involved included; Primary stakeholders: Beneficiaries, Structure owners, SEC, Institutions within the settlement; Secondary stakeholders: local community leadership and elected leaders; Key stakeholders: KISIP national team, relevant national line ministries and Nairobi City county department. 5.3 Community and PAPs consultations The participatory forums provided an opportunity to the Community and PAPS to be sensitized and informed on many issues among them; planning and survey process, Kenyan legal and policies including World Bank OP 4.12 on Involuntary Resettlement provision on resettlement and informing PAPs on the planned census and RAP exercise in the settlement.

Sensitization on titling options is presented under Minutes of meeting Held on 24th May 2019, 29th of July 2019 and 23rd of August 2019. During these meetings, the following information was provided by the government land registrar and the principal consulting planner:

i. Reasons Individual titles were not possible in Kahawa Soweto due to the small sizes of the resultant parcel sizes that would not be registrable and will lead to 100% PAP generation. The preference for group title option was informed by World Bank safeguard standards on no or minimum displacements impacts. This group title will not only enhance security of tenure but also allow for future planning within the clusters where beneficiaries will reorganize themselves further within their clusters. That individual land ownership cannot be achieved in the settlementDISCLOSUREDISCLOSURE due to the fact that minimum registerable parcel COPYCOPY sizes cannot be achieved. However, titling can be achieved at Cluster level.

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ii. Any beneficiary wishing to redevelop his/her structure within a cluster will have to consult other members of the group before initiating any development activity. iii. Each cluster can be registered under a society formed by cluster members each having different names. The trusts will be registered by the Registrar of societies iv. Perpetual Succession will be achieved under the trust with each trust having 3 trustees (titles will bear names of the 3 trustees and have a legal seal). v. Under the trust, the List of Beneficiaries will be signed on each page and be registered with the registrar’s office. This L.O.B will be the guide to future developments within the settlement as it will inform the cluster ownership. For perpetual succession, each beneficiary will provide the name(s) of their next of kin and the law on perpetual succession shall be applied if and where necessary vi. That after achievement of tenure security at cluster level, sectional properties titling can be explored with vertical development of housing

On ground level occupancy, the target beneficiaries were advised that due to population dynamics and urbanization trends, ground level occupancy is not the most prudent way of residential use. Vertical development and densification is an option that can not only ensure optimal use of limited space, but can also boost the economic status of the residents through renting out of extra flats. However, he was quick to point out that the residents have the power to decide how they will develop their settlement after completion of the KISIP project. 5.4 Stakeholder meetings and issues raised A total of three planning meetings were held where a number of RAP issues were discussed. These issues included among others; possible project impacts, cut-off date and grievance redress mechanisms available to PAPS as detailed in table 5.1. In addition, two PAPs consultative meeting was held with the Kahawa Soweto PAPs on 2ndand 12thSeptember 2019 (see annex 2 and 3). During these meetings, the following areas were covered;

i. Appraisal of the community members about the entire RAP process; ii. Briefing of the PAPs of the enumeration exercise that was set to be undertaken immediately after the meeting; iii. The PAPs were informed of the guidelines that the RAP process is based on namely: a. The Kenyan Constitution (2010) chapter five on land and environment, which has three classifications on land ownership rights; public, private and communal. For the case of Kahawa Soweto, the residents had settled on public land on which the project was meant to undertake adjudication to give them private rights and; b. Kenyan land laws legal framework and iii) World Bank Safeguard Policies (Operational Policy 4.12). The schedule of consultative stakeholder meetings including number of participants is presented in table 5-1 below and detailed minutes of the proceedings are annexed to this report. iv. Eligibility for CompensationDISCLOSUREDISCLOSURE and Entitlements. COPYCOPY

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Table5-1: Stakeholder involvement

PURPOSE DATE PARTICIPAN NUMBER OF IN OF TS PARTICIPANTS DISCUSSIO MEETING N MALE FEMAL TOTAL E Introduction 27/3/2019 Community 138 103 241 • Sensitization to the Members on the community project KISIP National 1 1 2 meeting & project Nairobi County 6 3 9 • Introduction launch Government of consultant to the Consultant 3 3 6 community Local 4 0 4 administration Total 152 110 262 Presentation 24/05/2019 SEC & 197 121 318 • Presentation of Socio- Community & economic members confirmation findings of Nairobi County 0 3 3 socioeconom -Validation Government of base maps ic findings Consultant 5 2 7 -Community working under • Validation Visioning KISIP and &participato endorsemen ry planning KISIP 2 1 3 t of the Base map by the Local 2 0 2 community Administration Total 206 127 333 • Community visioning for the settlement • Community participatory planning • Sensitization on the three tenure options (community, group & individual titles) Technical 19/7/2019 KISIP, Nairobi 9 9 18 Discussion Meeting County on the DISCLOSUREDISCLOSUREGovernment, COPYCOPYproposed Adoptive Local planning Administration model and Consultant

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working under KISIP

Presentation 29/07/2019 SEC & 191 194 385 • Presentation of draft Final Community and LP&LUDP to members discussion of the the Nairobi County 1 1 2 Community conventional Government for and adoptive validation KISIP 1 1 2 planning models, Consultant 2 2 4 based on the working under Final community KISIP verification proposals of LoB Local 4 0 4 arrived at Administration during the community participatory planning. • Sensitization on the three tenure options (community, group & individual titles) • Declaration of Cut-off date Total 199 198 397 Consultative 2/9/2019 Community 20 25 45 Community meeting with members appraisal on PAPs the RAP Nairobi County 2 0 2 process Government Sensitization Local 1 0 1 on social Administration safeguards Consultant 3 2 5 (Gender, working under vulnerable KISIP groups, GRC/M etc.) Total 26 27 53 and 112/11/201 Community 97 67 164 entitlement 9 members Recap of cutoff SecondDISCLOSUREDISCLOSURE Nairobi County 2 0 2 COPYCOPYdate Meeting Government

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Consultant 2 2 4 working under KISIP Total 101 69 170 Tenure 23/8/2019 Community 97 107 204 Sensitization Regularization members of the Soweto sensitization Community on Nairobi County 2 3 5 Tenure Government regularization KISIP 1 0 1 options with emphasis on Ministry of Lands 0 1 1 group titles, Local 1 0 1 formation of Administration cooperative societies , etc. Consultant 4 3 7 working under KISIP Total 105 114 219

5.5 Consultation on Group Titling On the available Tenure security options (group land title), the Community was made aware that since land is a limited resource in the settlement, individual titling is not achievable in Kahawa Soweto due to the fact that the minimum registrable land sizes cannot be achieved as well as adapting to best practices. Therefore, the only available option to guarantee Tenure in the informal settlement is through group titling. Operationalization and the registration process was well addressed to the locals. This included, on the formation of cooperative societies for each respective cluster, selection of trustees from amongst themselves, constitution drafting and tenancy-in- common ownership rights.

Further, the Land Registrar carried sensitization on the group titling with community where she enlightened the community on why the settlement could only accommodate group titling. (See Minute on Annex 3). Table 5-2 below shows issues that were raised by community members during the sensitization meeting on group titling;

Table 5-2: Community Concerns Issue Response Is Housing element part of It was made clear that the housing element is not the KISIP project? included in the KISIP Project. However upgrading of housing can be explored by residents achieved during reorganization within the clusters after completion of the KISIP project and tenure security is achieved. Residents were advised to utilize housing DISCLOSUREDISCLOSUREfinance options such as the Government’s COPYCOPY Big 4 Agenda on Housing.

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Concerns that vertical On ground level occupancy, residents were densification is not the advised that due to population dynamics and most desired option for the urbanization trends, ground level occupancy is settlement ground level not the most prudent way of residential use. occupancy that was Vertical development and densification is an preferred by the option that can not only ensure optimal use of community limited space, but can also boost the economic status of the residents through renting out of extra flats. It was also made clear that they will have the power to decide how they will develop their settlement after completion of the KISIP project.

A member raised concern They were informed that lists of beneficiaries that residents did not had already been prepared per cluster (from know which clusters they clusters A to Z) and will be left with the residents belonged to and requested (together with the proposed plan with structure to know how long the numbers) to verify the details. The lists were verification exercise will prepared as the settlement exists thus the only take additions to clusters will be PAPs and not foreigners from outside the settlement boundary. Moreover, residents were informed that after verification of their names within the clusters and identification of other cluster members, They will be required to decide on their cluster names and trustees. This decision had to be supported by detailed minutes. During the implementation of this ARAP more community consultations and sensitization relating to group titles including the management through societies will be carried out. 5.6 PAPs Consultation Two meetings for consultation with PAPs were held on 2ndSeptember and 12th November 2019. The meeting was attended by PAPs, SEC members, KISIP, and the County Government of Nairobi. During these meeting various issues on the ARAP process were raised by the PAPs and responded to as documented under Annexed minutes of the final Abbreviated Resettlement Action Plan. In summary ARAP issues raised by PAPs and responses provided during the First (Annex 1) and Second PAP (Annex 2) Meetings respectively are presented in table 5-3 and 5-4 below;

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Table 5-3: Issues raised by PAPs and responses given during the PAPs Consultation Meeting Held on 2nd September 2019 Issue Response What mode of communication • The modes of communication that were used to was used to communicate to inform residents of stakeholder meetings included the community members on whistle blowing, letters addressed to key upcoming stakeholder stakeholders, posters, announcements in churches, meetings? direct SMS and calls to target groups and door to door mobilization by SEC members • Residents were asked to ensure that they give their correct phone numbers to enhance effectiveness for subsequent engagements

Will PAPs be generated by the Only structures affected by the plan proposals majorly resultant cluster boundaries? roads provisions and realignments will be considered Is it that only structures as PAPs under the KISIP project. affected by the roads will be considered as PAPs under the KISIP project? What is the fate of the people The cards will be re-issued the following day, Tuesday, whose beneficiary cards were 3rd September. Residents were advised to ensure the reported to have errors/were ID cards are well kept. not issued with ID cards?

The PAPs indicated This is important as it will enable PAPs to salvage willingness to voluntarily structure materials and also create room for provision move their structures once of accesses and enable smooth implementation of the facilitated. ARAP.

Table 5-4: Issues raised by PAPs and responses given during the PAPs Consultation Meeting Held on 2nd September 2019 Issue Response A resident raised concerns that those It was made clear that during the final on the railway and the private access stakeholder’s meeting on 4/11/2019, it was road have lived in the settlement since unanimously agreed by residents that those early 1970s hence should be duly affected by the private access road and the considered as part of the settlement. railway will be accommodated in the He also asked whether the affected resultant clusters within the settlement. structures will be valued. However, the affected structures will not undergo the RAP process since they are not within the project boundary. It was also noted that during cluster meetings, adjacent clusters agreed to accommodate members affected by the DISCLOSUREDISCLOSURErailway reserve. COPYCOPY

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Can the residents be assisted to make Members were cautioned that the project has the necessary adjustments within the not reached the RAP implementation phase. cluster in order to accommodate all the However, members were informed that after PAPs? titling, reorganization within the clusters can be initiated to ensure proper utilization of space and accommodation of PAPs. A resident requested the consultant to PAPs were assured that the RAP process will follow up during the RAP be a continuous project that will run through implementation phase to ensure that the implementation phase. They were also all PAPs are fully accommodated assured members that the KISIP project has a within the settlement. She noted with well laid out mechanism that ensure that all concerns that some PAPs are PAPs are fully facilitated and catered for. vulnerable (i.e. the aged, widows and orphans) who may be oppressed by other cluster members. Will the PAPs be issued with the Members were informed that the RAP valuation report for them to know the process is progressive whereby after approval amounts awarded? of the RAP report, a disclosure meeting will be arranged by KISIP to inform PAPs of the full amounts awarded. Members were assured that the valuation exercise was done professionally and all PAPs will be satisfied. They were advised that those not fully satisfied will be free to lodge their complaints with KISIP. Will those structures partly affected by It was made clear that beneficiaries form the private access road be considered affected structures will be accommodated in for valuation? the adjacent clusters however, they are not entitled to facilitation and thus valuation will not be done since they encroached into private land

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CHAPTER 6: PROJECT IMPACTS AND MITIGATION MEASURES

6.1 Introduction

Operational Policy O.P. 4.12 on ‘Involuntary Resettlement’ acknowledges that implementation of projects has positive and negative impacts whereof the latter has to be mitigated. The main objective of this ARAP is therefore to ensure that this operational policy is realized where the affected conditions are improved or restored to the project pre-impact levels. For Kahawa Soweto, implementation of the approved LP&LUDP will lead to positive and negative impacts resulting from planning and surveying so as to provide as well as reorganization of the settlement into clusters.

6.2 Positive Impacts The Kenya Informal Settlements Improvement Programme (KISIP) aims to address and restitute inequality and disparities in livelihoods and quality of life in Kahawa Soweto informal settlement by ensuring security of land tenure. Positively, the project will have the following impacts: 6.2.1 Land Tenure security The informal settlement will enjoy the benefit of group titles to enhance land ownership security and hence an impetus for improvement of the settlement to a better place. With secure land tenure, those living in the informal settlement can make long – term investment commitments on their land. Issuance of title deeds guarantees permanency of property and improved land values. This will in turn improve the livelihoods of the beneficiaries in form of permanency and access to finance credits from financial institutions by using the titles as collaterals.

Further, the type of tenure option arrived at (group titles) is somewhat unique as opposed to the expected individual titles. Section 2.3 of this report has detailed out on the functionality & management of this tenure option, including formation of societies for the 23 clusters, the two forms of co-tenancy, shares (equal) administration for each beneficiary within a cluster, termination of group title ownership, custodianship of the original titles and inheritance issues among other matters. Tenancy in common is the most preferred group title option, as compared to joint tenancy, which is relatively restrictive and would encourage other vices such as elimination of other beneficiaries due to its defining characteristic on right of survivorship. Adequate training of the beneficiaries on the selected tenure option must be conducted by KISIP in collaboration with the department of Lands, Ministry of Lands and Physical Planning and the Ministry of Industrialization, Trade & Enterprise development. The dictates of the Land registration Act (2012) and the Land Act (2012) on co-tenancy will give guidance in training of the beneficiaries as well as registration and administration of the group titles. 6.2.2 Provision of accesses and wayleaves The plan provides roomDISCLOSUREDISCLOSURE for improved accessibility inform of wayleaves COPYCOPY for access roads and water facilities among others.

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6.3 Negative Impacts The Negative Impacts which are limited to partial and full loss of structures have been triggered by planning and surveying activities in the settlement. These losses were as a result of provision of road wayleaves as provided in the approved LP&DUP. These structures are semi-permanent. The affected persons therefore would require to be facilitated to relocate their structures away from the designated wayleaves. The following sections describe the extent of impacts:

6.3.1 Distribution of PAPs per Cluster Kahawa Soweto informal settlement was reorganized into 23 clusters and 5 individual Institutional parcels. The resultant Plan did not generate any project-affected persons in 1 cluster of the 23 clusters. 22 clusters have PAPS as presented in map 3 below;

Map 3: Location of impacted structures

6.3.2 The Project Affected Persons There are 140 PAPS inDISCLOSUREDISCLOSURE Kahawa Soweto, 9(6.4%) being Community COPY COPYinstitutions, 66 (47.1%) male and 65 (46.4%) female. 39 are vulnerable (33 female and 6 male). This information is summarized on the PAP diagram below:

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Figure 2: PAP diagram PAPs 140 Male - 66 PAI - 9 Female - 65

Vulnerable Vulnerable Female - Male - 6 33 PAPs losing Structures -30 Male – 15 Female -15 PAPs losing business Livelihoods 24

Male – 11 Female - 13

6.3.3 Loss of Assets There are 146 structures affected (belonging to 140 PAPs) of which 116 are partially affected and 30 are fully affected. The affected assets are presented in the following table: Table 6-1: Impacts on Assets

DESCRIPTION PARTIAL FULL TOTAL NUMBER

Affected Fence 1 1 structures Permanent house structures 2 2

Temporary Residential structures 76 5 81

Semi-permanent residential 18 3 21 structures

Pit Latrines/Bathrooms 13 13

Pig sty 1 1

Church 3 3

Kiosks 17 7 24

Total 116 30 1469

6.3.4 Loss of Livelihoods The number of PAPs losing business income in the settlement is 24 comprising of 11 Male PAPs and 13 FemaleDISCLOSUREDISCLOSURE PAPs. COPYCOPY

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6.3.5 Vulnerability The vulnerable PAPs enumerated in the settlement were 39, with some having more than one disability as summarized in table below. Table 6-2: Number of vulnerable PAPs by gender Type of Vulnerability Males Female Elderly PAPs 3 11 Female Headed Household 0 27 Mental illnesses 1 1 Widowed 2 13 Physical disability 2 0 Chronic illnesses 1 3 Total Disabilities 9 55

6.3.6 Disruption of Religious Services The impacted Church structures are partial in nature and will not result in any disruption of Community religious activities. The Reconstruction of affected part will be undertaken during weekdays where there are no/minimal religious activities being Undertaken

6.3.7 Summary of Losses The losses experienced are summarized in table 6-3 below, it is important to note that PAPs might suffer multiple impacts such as loss of structure and loss of business from a single impacted structure. Details on the mitigation of the losses are provided under Section 8.3 Table 6-3: Summary of losses Category of PAPs Structure Loss Livelihood Vulnerability loss

Structure Owner PAPs 131 24 39 Structure Owner PAI 9 - -

6.3.8 TENURE SECURITY IMPACT: Group TITLES

The impacts include shareholding ownerships of the titles, formation of cooperatives to manage the block titles. KISIP will mitigate these impacts by provision of adequate sensitization during implementation of the ARAP and facilitating the formation, registration and training of the cooperatives to be formed. Additional on this have been documented under Section 2.3.5 and 6.2.1.

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CHAPTER 7: SOCIO-ECONOMIC PROFILE OF THE PAPS

7.1 Introduction The census and socio-economic survey was conducted through structured household questionnaires administered in the field by trained research assistants. Interviews were administered for all affected people to establish their income levels and collect data for compiling a register of potential project affected persons (PAPs). The land considered for the asset census. The socio-economic census survey covered among others the following key subjects:

i. The magnitude of the expected loss (total or partial) of assets, and the extent of displacement, physical or economic; ii. Detailed address of the PAPs; iii. Attitude of the PAPs and affected business institutions towards the project; iv. Characteristics of affected business and displaced people operating informal businesses on the road reserve; v. Developing a profile of PAPs including informal road side traders by way of providing special identification numbers corresponding to photo book and their structures/properties/ to be affected and; vi. Mapping of project area and location of the PAPs. vii. Education status among others); viii. PAPs income streams ix. Structure ownership and use and; x. Access to services s such as water and sanitation. xi. Vulnerable PAPs information 7.2 Household identification Kahawa Soweto has been divided in to 23 clusters and 5 individual parcels for the purpose of this project. This has been done to ensure easy administration of the settlement. Out of the 23 clusters, 22 clusters have PAPs. The PAPS are distributed within the clusters as shown in the table 7-1 below;

Table7-1: Distribution of PAPs according to clusters NO. Name of Cluster No. of PAPS 1. Cluster A 0 2. Cluster B 4 3. Cluster B1 0 4. Cluster C 5 5. Cluster D 12 6. Cluster E 0 7. Cluster F 6 8. Cluster G 14 9. Cluster H 12 10. Cluster I DISCLOSUREDISCLOSURE8 COPYCOPY 11. Clusters J 9 12. Cluster K 2 13. Cluster L 7 Page 45 of 145

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14. Cluster M 13 15. Cluster N 9 16. Cluster O 4 17. Cluster P 3 18. Cluster Q 2 19. Cluster R 6 20. Cluster S 8 21. Cluster T 4 22. Cluster U 7 23. Cluster V 2 24. Cluster W 1 25. Cluster X 0 26. Cluster Y 2 TOTAL 140

7.3 Demographic characteristics of PAPs

7.3.1 Gender There are 140 PAPS in Kahawa Soweto including, 9 (6.4%) being Social institutions, 66 (47.1%) male and 65 (46.4%) female, accounting for 100% coverage. The PAPS interviewed were aged between 22 and 85 years and average age of PAPs was 48 years. Majority (58%) of the PAPS are married, 21% are single, 12% widowed, 8% separated and the remaining 2% are divorced as depicted in figure 7-1 below: Figure 3: Number and percentage of PAPs by gender 70

60

50

40

30 No.of PAPs 20

10

0 Male Female Institutions No. of PAPS by gender 62 64 4 Percentage by Gender 48 49 3

7.3.2 Age PAPs are aged between 22 and 85 years with majority aged between 30 and 39 years followed by those above 60 years of age. The average age of PAPS is 47years. The female PAPS are aged between 22 and 85 years while the male PAPS are aged between 22 and 80 years. The followingDISCLOSUREDISCLOSURE figure 7.2 illustrates age distribution ofCOPYCOPY PAPs

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Figure 4: Age groups of PAPs

60 years and 20-29 above 14% 23%

30-39 24%

50-59 20%

40-49 19%

7.3.3 Marital status Majority of the PAPS, 75 (57.3%) mentioned to be married, 29 (22.1%) mentioned to be single, 15 (11.5 %) mentioned to be widowed, 10 (6.1%) mentioned to be separated while the remaining 2 (1.5%) mentioned to be divorced as illustrated below;

7.3.4 Literacy 49% of the PAPs have attained primary education, 32% have attained secondary level of education, 10% has not attained any level of education, 8% mentioned to have attained diploma/certificate level while only 2%mentioned to have attained university level of education.40% mentioned to have received training in different areas such as mechanics, welding, carpentry, electrical works, computers, driving, masonry, tailoring, hairdressing, community healthy and automobiles. With majority having received training in driving.

PAPS mentioned to access ECD education within an average distance of 2.8KM, Primary education within an average distance of 4.1KM, secondary education within an average distance of 15.6KM and Polytechnic education within an average area of 23.9Km. 7.4 Economic occupation of PAPS Of the total interviewed 140 PAPs, 63 PAPS mentioned to be casual workers, 42 PAPS mentioned to engage in different kinds of business, 10 PAPS mentioned to be retired, 3 PAPS mentioned to be employed, 2PAPS mentioned to be unemployed, another 4PAPS mentioned to beDISCLOSUREDISCLOSURE house wives and 1PAP mentioned to be a student. COPYCOPY Majority of the PAPS 77(61%) work within the settlement while the rest 49(39%) work outside the settlement within an average distance of 31.4km.

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10 PAPS engage in crop growing (bananas, vegetables, cereals and sugarcane). The average units are 17.5KG with an average income of KES 6200. PAPS mentioned perceived impacts as loss of income, destruction of crops and adverse effects.6 PAPS engaged in goat rearing with an average of 10 goats. The average monthly income produced is KES 1666.5 PAPS engage in poultry keeping with an average of 15 chickens. The average monthly income produced is KES 5250.

61 PAPS engage in business such as; kiosks (shops and Mpesa), grocery, butchery, house renting, hawking, clothe sale, salon, bodaboda, photography and music production, hotels , sale of charcoal and firewood and water sale. The average monthly income is KES 15173. They mentioned loss of business and income as the perceived impacts.25 PAPS engage in casual jobs such as building and construction, mechanics, caretaker, driving, farming, watchman and electrician. The average monthly income produced is KES 12462. They mention loss of source of income, relocation and loss of business as the perceived impacts.3 PAPS have permanent jobs in private organization and civil service. The average monthly income is KES 39667.

8 PAPS mentioned to receive remittances from friends and family. The average monthly remittances are KES 5375. 20 PAPS have loans from different institutions. The average outstanding loans is KES 141095.12 PAPS engage in house renting business with an average of 3 rooms. The average monthly income is KES 3927. The mentioned perceived impacts such as loss if income and loss of tenants.

Majority (43) of the PAPS earn between KES 5000-10000 while 11 earn below KES 3000 only 15PAPS earn above KES2000. PAPS spend majority of their income on education, followed by food and the least on sanitation as illustrated below;

Figure 5: PAPs Average monthly incomes and expenditures Average monthly incomes Average monthly expenditures

5000 Above Below 20000 3000 4500 13% 9% 4000 15000- 3500 20000 3000 8% 3000- 2500 5000 2000 22% 10000- 1500 15000 1000 12% Amount(Kshs.) 500 0 5000- 10000 36%

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7.5 Health and Religion 39% PAPS mentioned to have experienced different types of diseases and sickness within the last 6 months which included; diabetes, high blood pressure, malaria, amoeba, arthritis and respiratory diseases. All PAPs mentioned to be Christians. PAPS access worship centres within an average distance of 2.2KM.

7.5.1 Membership to welfare/ economic organizations Only 24% of the PAPS are members of welfare/ economic organizations while the remaining 76% are not members. Some of the oganizations include Kahawa Soweto self -help group, 14- sisters, Kaeni sober, twelve Wazee, Kahawa West bodaboda self- help group, Wendi Mwega, Kingdom SACCO, Chama Kubwa, UJUOP, The Ark, Wamama Biashara and Miracle self -help group. These welfare/ economic organizations engage in activities such as; loans, savings, investments, table banking, merry go round and help in social functions such as burials and payment of hospital bills

7.5.2 Main mode of transport of PAPS Majority 86(68%) of the PAPS mentioned to use foot as their main mode of transport, 29(23%) mentioned to use bus/ matatu while 11 (9%) mentioned to use motorcycle.

7.5.3 Access to services and service centres PAPS mentioned to access chemists within an average distance of 1.7KM, dispensaries within an average distance of 0.9KM, Health centres within an average area of 0.7KM and Hospitals within an average 9.4KM. With majority mentioning to get health attention from Kahawa Soweto Health Center.

PAPS mentioned to access potable water within an average distance of 0.09KM, animal water within an average distance of 400m.Majority (71) of the PAPS use pit latrine within an average distance of 0.03KM. 16 use flush toilets while 4 use the bush.

PAPS access paraffin within an average distance of 0.12KM, firewood within an average distance of 0.08KM and cooking gas within an average distance of 0.54KM.PAPS access sports within an average distance of 1.1KM. PAPS mentioned to go to Githurai or use the local available Kiosks within an average distance of 2.5KM. PAPS mentioned to go to Githurai or Kahawa West bus stops which are within an average distance of 1.4Km. 7.6 Details on structure use The affected structures are used as residential houses, business houses, stores, rental houses and pig and cow shed. The majority are used as residential houses. The structures were constructed between 1978 and 2018. All the affected structures are temporary, majority of which have ‘mabati’ walling and roofing with concrete floor. Majority of the PAPS mentioned to have used their own savings to buy constructions materials whereas some mentioned to have gotten help from friends/ well-wisher, relatives and other to haveDISCLOSUREDISCLOSURE inherited the structures. COPYCOPY

Majority of the PAPS mentioned to have bought the material for construction from the nearby shops while others mentioned to have been helped by relatives, friends/ well -

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Abbreviated Resettlement Action Plan for Kahawa Soweto| wishers and others to have inherited the structures from parents.128 PAPS (98%) are willing to have the structures removed to aid in proper planning of the settlement; only 2 PAPS (2%) are not willing to have their structures removed. All the wiling PAPS indicated they required support/facilitation in removing the structures where they preferred compensation (cash or kind) for the affected structures. The average monthly income from the affected was recorded to be KES 6211 while the average monthly profit from the same structures was mentioned to be KES 3959. 7.7 Impact perception The perceived impacts by PAPS include; loss of income, loss of storage space, loss of residence, displacement, disrupted accessibility to social facilities, psychological and social disturbance and loss of livelihood. The weight of perceived impacts is presented in the following figure:

Figure 6: Perceived impacts Disrupted access to Psychological Loss of social and social livelihood facilities disturbance 2% 2% 2%

Displacement 10% Loss of income 26%

Loss of residence Loss of 53% storage space 5%

7.8 Grievances and Comments All PAPS recorded positive comments since they support the project. One PAP said, “it is a good project that will transform us from being squatters and another one said; “Thank you KISIP for the resettlement and upgrading of our locality. However, a few PAPS requested for compensation of the affected structures. 7.9 VulnerabilityDISCLOSUREDISCLOSURE COPYCOPY There are 39 vulnerable PAPS; 33 (85%) females and 6 (15%) males. The nature of vulnerability ranged from elderly persons, female-headed households, widowed,

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Abbreviated Resettlement Action Plan for Kahawa Soweto| physical disabilities, chronic illnesses and mental disabilities, with some having more than one disability as summarized in the following figure 7:

Figure 7: Distribution of vulnerable PAPs by gender and nature of vulnerability10

30

25

20

15

10

5

0

Number of vulnerability byGender vulnerability of Number Female Physical Mental Elderly headed Widowed Chronic Illness Disability Disability household Male 3 0 2 2 1 1 Female 11 27 13 0 3 1

DISCLOSUREDISCLOSURE COPYCOPY 10PAPs suffering from mental disability will be facilitated via the area chief and guaranteed by the relatives. The SEC will be fully involved in the process. On title registration, the PLWD beneficiaries will have trustees to safeguard their shareholding in the Group Title registration. This will be clearly documented during formation of the respective society. Page 51 of 145

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CHAPTER 8: MITIGATION OF IMPACTS

8.1 Introduction The Kenya Informal Settlement Improvement Program (KISIP) Resettlement Policy Framework (RPF) defines Project Affected Persons (PAPs) as persons affected because they may lose, be denied, or be restricted access to shelter and/or economic assets thus losing income sources, or means of livelihoods. These persons are affected whether or not they must move to another location.

The World Bank’s Operational Policy O.P. 4.12 on ‘Involuntary Resettlement’ states that the Project affected persons should be compensated at full replacement cost prior to the actual move. Further, the PAPs should be supported during the transition period, and/or their incomes restored to pre-impact or better status and also advocates for support to vulnerable groups.

One of the objectives of this ARAP is to ensure that the PAPs conditions are improved or restored to the project pre-impact levels. The negative impacts that are to be mitigated resulted from the proposed removal of temporary structures that fell along the proposed roads/access ways for the settlement in the approved LP&LUDP. Consequently, the PAPs will require facilitation to remove and relocate these structures. 8.2 Eligibility Under the Kenyan Law, PAPs are categorized so as to include property owners, residential tenants, business tenants and affected communities. However, World Banks’ categorization of PAPs is broader and includes the following:

• Those who have formal legal rights including customary law and traditional usage as outlined under the Kenyan constitution; • Those who have no recognized legal rights or claims to land they are occupying including those on the road reserve and; • Those who do not have formal legal rights to land at the time of conducting census, but have a claim to such land or assets provided that such claims are recognized under the Kenyan constitution

The eligible project affected persons (PAPs) are those who are directly affected socially and economically as a result of the planning for Kahawa Soweto settlement as at the cut-off date set as 29th July 2019. As such those eligible for facilitation included structure owners, access to public social utilities PAPs and those losing income sources or means of livelihoods. 8.3 Mitigation and Entitlements Realignment and widening of access wayleaves because of planning and surveying resulted to impact of assets. All those persons who are affected by these activities regardless of legality ofDISCLOSUREDISCLOSURE their tenure status, are eligible for facilitation ifCOPYCOPY they had assets at the affected sites before the project ‘cut-off date’ of 26th July 2019. The land being government land, the PAPs have no recognizable legal right or claim to the land they are occupying. Page 52 of 145

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As a mitigation measure for group titles, management and administration of the clusters will be done through formation of 23 cooperative societies. Each cooperative society will have a unique name, and will be guided by objectives and a constitution formulated by the beneficiaries of each group). Although sensitization on all the three tenure options (community, group and individual titles) was continuously done during the project period, further sensitization on the group titles will be conducted by KISIP, in collaboration with the department of lands, Ministry of Lands and Physical Planning and the Ministry of Industrialization, Trade and Enterprise Development. The entitlement matrix outlined in table 8-1 below defines the type of compensation and assistance provided to the different categories of Project Affected Persons.

Table8-1: Entitlements matrix N TYPE OF PAP ENTITLEMENTS O LOSS CATEGOR Y

A. Loss of structures 1. Partial loss Squatter • Cash compensation at replacement cost without but depreciation residual • Repair costs equivalent to 25% of the compensation viable • Right to salvage material 2. Fully Squatter • Cash compensation at replacement cost without affected/pa depreciation rt affected • One time shifting allowance of Kshs 2500 where main and dwelling unit is affected. remaining • Housing allowance for 2 months, where main structure is dwelling unit is affected. non-viable • For Vulnerable PAPs, Housing rental allowance equivalent to 3 months where the Main dwelling unit is affected • Right to salvage materials.

B. Loss of Livelihood 3. Business • Cash compensation based on a calculated average loss Income of income over one Month period that will enable PAPs to re-establish their business away from the road reserve • One Time Shifting Allowance of KES 3000

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• Additional cash support of Kshs 2000/month for the first three months. • Assistance on a case by case basis in self-demolition, salvaging of Materials and rebuilding of fully affected structures. • KISIP will forward names of Elderly PAPs through county government for consideration for the unconditional cash transfer programme "Inua Jamii 70 years and above cash transfer programme’ administered by the national government’s Ministry of Labour and Social Protection. • PAPs suffering from mental disability will be facilitated through a relatives (Trustee) and guaranteed by the area Chief to ensure facilitation funds are put into intended use. The SEC will be fully involved in the process of facilitation and assistance in reconstruction of affected assets

D. Formation and registration of the societies for each cluster • KISIP shall undertake to foot all the statutory costs for the registration of the respective cooperative societies for each of the 23 clusters E. Conflicts on Title Management

• KISIP will Carry out Sensitization on Management of the Group Titles • The Group Titles will have Special Conditions on its administration as provided by law which will bind the beneficiaries when it comes to succession, transfer of ownership through sale, opting out etc

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CHAPTER 9: GRIEVANCE REDRESS MECHANISM

9.1 Introduction Grievance redress mechanisms are essential tools for facilitating PAPs to voice their concerns about the Tenure Regularization Impacts as they arise and, where necessary, for corrective action to be taken promptly. Such mechanisms are fundamental to achieving transparency in facilitation processes. The key grievance subject matters likely to arise in case of the planning and execution for the Kahawa Soweto settlement include: i. Mistakes on inventory of the affected assets that might have occurred during the census survey; ii. Dispute over ownership of given assets between two or more affected individual(s); iii. Disagreements on structure valuation where the PAP feels that his/her asset have been undervalued; iv. Delays in facilitation payment; v. Extent and values for livelihoods facilitation. vi. Grievances arising from the titling process.

This will necessitate the setting up of appropriate grievance and appeals redress mechanisms to address any grievances and disputes that may arise from time to time. 9.2 Grievance Procedure and Rationale Grievance procedures may be invoked at any time, depending on the complaint and on the people involved. Grievances might be triggered due to the following reasons among others. i Misidentification of assets or mistakes in valuing them. Dispute over the ownership of a given asset (two individuals claiming to be the owners of this asset). ii Disagreements over the valuation of the asset. iii Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset. iv Boundary disputes v Grievances related to Titling process

The grievance will be brought to the attention of the person(s) in charge, referred to in this ARAP as the Grievance Officer (GO).This grievance procedure is intended to put in place and facilitate accessible, prompt and cost-effective handling of grievances at the nearest points of service to community members and the PAPs. The aim and purpose of this mechanism is to make the grievance handling procedures accessible, prompt and at no cost to the PAPs DISCLOSUREDISCLOSURE COPYCOPY The objective of the grievance redress mechanism is to establish for the PAPs and beneficiary’s mechanism for raising complaints related to compensation for loss of structures and livelihoods as well as properties and assets and having such Page 55 of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| complaints resolved as amicably as possible through acceptable and binding corrective actions. This grievance redress mechanism will be in place throughout the RAP implementation including the exit period. Grievance mechanism for this ARAP is proposed as a 3 tier arrangement as follows: i The first level will allow for amicable review and settlement of the grievance at the settlement level by the Settlement Grievance Redress Committee (SGRC). ii The second level will involve the Resettlement Implementation Committee (RIC) in case the grievance cannot be solved at the first level. iii The third tier will be the option of allowing the grieved party to seek redress at the Court of Law. Levels (i), and (ii) are costs free. The legal redress option however, may lead to incurring of some costs for the parties involved. 9.3 Grievance Mechanism Structure The settlement has an established Settlement Executive Committee (SEC) and within it, a Grievance Redress Committee (GRC), therefore this ARAP has enhanced the GRM through the three-tier Grievance Mechanism described below: 9.3.1 Settlement Grievance Redress Committees (SGRC) It is desirable to resolve all the grievances at the community level to the greatest extent possible. The community or settlement level grievance mechanism must be credible and generally acceptable. The grievance redress mechanism will aim to solve disputes at the earliest possible time in the interest of all parties concerned.

The Settlement Grievance Redress Committees (SGRC)11 established in the settlement comprises of 2 Community Elders, 1 Women’s Representative, 1 Youth Representative, 1 Representative of Vulnerable Groups (all elected by the community) and the Location Chief who chairs the committee. The SGRC addressing Project related grievances will give opportunity to the local communities and the public to express any grievances related to project. 9.4 Resettlement Implementation Committee (RIC) In case the grievance is not resolved at first tier, the SGRC handling resettlement- related grievances will be forwarded to the Resettlement Implementation Committee (RIC) of KISIP. In addition, while the RAP proposes an elaborate composition for RIC; for the relevance of this ARAP on planning and survey, the following are the recommended members the committee is comprised of the following:

From KISIP National PCT: a) Head of Component 1 b) Environmental and Social Safeguard Specialist c) Community Development specialist d) 3 members from Component 2 – Surveyor, Land Administrator and Valuer e) KISIP Finance OfficerDISCLOSUREDISCLOSURE COPYCOPY

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From the County a) County KISIP Coordinator who will be the chairman b) Community Development Officer c) County Surveyor d) County Physical Planner e) Assistant County Commissioner f) Representative from Enforcement Department g) Town Administrator The Members of Parliament and Members of the County Assembly (MCAs) may be co- opted as ex-officio members. Nairobi County KISIP Coordinator Office will provide the secretariat for the committee. 9.4.1 Courts of Law If complainants are not satisfied by the decision of the first two tiers of the Grievance Mechanism, they can seek redress from the Courts of Law at their own cost. 9.5 Procedure of Receiving and resolving of Complaints 9.5.1 Step 1: Receipt of complaint/grievance A verbal or written complaint from a PAP or community member will be received by the Grievance Officer (GO) on behalf of the SGRC. The role of Grievance officer is described below: a) Recording the grievances, both written and oral, of the affected people, categorizing and prioritizing them for handling within the specified time period. He will sort the grievances as those: • Those that need clarifications. • To be handled by SGRC. • To be forwarded to RIC/KISIP Headquarters directly e.g. complaints on compensation amounts. b) Discussing grievances on a regular basis with the SGRC and coming up with decisions/actions regarding issues that can be resolved at that level. c) Reporting to the aggrieved parties about developments regarding their grievances and the decisions of the SGRC and RIC. d) Providing inputs into the monitoring and evaluation process.

The grievance team will hold meetings at site level based on grievances received by the GO. The GO will record the grievance and progress into the grievance register. The grievance register will indicate grievances, date opened/lodged, actions taken to address them or reasons why the grievance was not acted upon (e.g. the grievance was not related to the resettlement process), information provided to complainant and date on which the grievance was closed. Grievances can be lodged at any time directly to the GO based at the settlement level. The process of lodging complaint is outlined in the steps below: a) The GO will receive a complaint from the complainant. b) The GO will askDISCLOSUREDISCLOSURE the claimant questions in their local language COPYCOPY write the answers in English and enter them in English onto the grievance form.

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c) The local leader (or representative of an independent local Civil Society Organization) and the complainant both sign the grievance form after they have both confirmed the accuracy of the grievance. d) The GO lodges the complaint in the grievance register.

9.5.2 Step 2: Determination of Corrective Action If in their judgment, the grievance can be solved at this stage; the GO and SGRC will determine a corrective action in consultation with the aggrieved person. A description of the action, the time frame within which the action is to take place, and the party charged with implementing the action will be recorded in the grievance register. Grievances will be resolved and the status reported back to complainants within 14 days. If more time is required, this will be clearly communicated in writing and in advance to the aggrieved person. In cases that are resolvable within the stipulated time, site investigations will be undertaken and results discussed with the PAP’s. In some instances, it may be appropriate to appoint independent third parties to undertake the investigations. 9.5.3 Step 3: Meeting with the complainant The proposed corrective action and the time frame in which it is to be implemented will be discussed with the complainant within 14 days of receipt of the grievance. Acceptance of the agreement and corrective action will be documented, with the complainant appending their signature. If no agreement is reached, Step 2 will be revisited. 9.5.4 Step 4: Implementation of Corrective Action Agreed corrective actions will be undertaken by the parties as agreed by SGRC within the agreed time frame. The date of the completed action will be recorded in the grievance register. 9.5.5 Step 5: Verification of corrective action To verify settling of grievance, the aggrieved person will be required by the GO and SGRC to verify that the corrective action has been implemented. A signature of the complainant will be obtained and recorded in the grievance register (see Step 3). If the complainant is not satisfied with the outcome of the corrective action, additional steps may be undertaken to reach agreement between the parties. If additional corrective action is not possible, the matter is referred to the RIC. 9.5.6 Step 6: Action by RIC If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complaint will be handled by the RIC, whose membership has already been discussed under earlier sections of this chapter. This committee however must have a quorum of at least five persons. Decisions will be reached by simple majority. The Grievance Committee should be constituted for as long as grievances are being lodged, and a register (annex 6) kept tracking progress on the resolution of grievances maintained. Once the RIC has determined its approach to the lodged grievance, this will be communicated to the GO,DISCLOSUREDISCLOSURE who will communicate this to the complainant. COPYCOPY If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. The RIC has 14 days to resolve the grievance. If the complainant is not satisfied, however, the complainant notes the outstanding issues, which may be re-lodged Page 58 of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| with the Grievance Committee or the complainant may proceed with judicial proceedings. 9.5.7 Step 7: Alternative Action/Judicial Recourse and National Land Commission In case this mechanism will not lead to resolution of the grievance, the complainant is free to seek redress at the courts of law at any given time. After redress at this level, the decision arrived at is communicated to the Grievance Officer and file closed. 9.6 Terms of Reference for the RIC The Terms of Reference for the Grievance Redress Mechanism Committees will be as follows: • Address all forms of grievances relating to the implementation of this ARAP expeditiously and impartially. • To consult with all the relevant parties involved in the disputes in the process of seeking solutions, and further to seek technical advice where necessary with an aim to reach a verdict. • Document the grievance handling process from the time a complaint is received to the final determination. To this end, the committee shall maintain a grievance register, minutes of all meetings held to address grievances, and correspondences. • To notify the concerned parties promptly once a verdict has been reached, and the next steps to be followed. 9.7 Effectiveness of the Grievance Redress Mechanism The following measures are proposed to ensure the effectiveness of the Grievance Redress Mechanism: • The SGRC and the RIC will be trained on their roles and the process flow before the start of ARAP implementation, training of the SGRC and RIC is to be undertaken by the KISIP Social Safeguards Team, and where necessary with support from the World Bank. • Necessary technical and financial support will be extended to the SGRC to enable them function effectively. • The SGRC and the RIC will make monthly reports on the progress in addressing grievances e.g. grievances received and how they were handled. • The committees will maintain records such as: grievance registers, minutes of meetings, and correspondences for reference and inspection.

9.8 Capacity-Building for the Grievance Officer and Grievance Committees It will be important for the GO to be appointed based on his/her experience and training in conflict resolution through mediation and reconciliation. It will also be important for the GO to have sufficient skills in mediating disputes involving parcels of land, ownership shares,DISCLOSUREDISCLOSURE and data management, including data entry, COPYCOPY data analysis and storage. This notwithstanding, it will be important that steps are taken to orient and build the capacity of the GO as part of the project implementation team in conflict resolution procedures, such as mediation and reconciliation, and other management Page 59 of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| areas such as record-keeping, report-writing and ICT equipment management. The Grievance Committee members will also need to be oriented to the Grievance Redress Mechanisms suggested in the ARAP. The capacities of the Grievance Committee members will also need to be built around issues of grievance identification, documentation, analysis and resolution as provided for in the Land Act 2012 and OP 4.12. Figure 9-1 shows the timelines for resolution of Grievances of the grievance redress mechanism:

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Figure 8: Grievance Redress Procedure

Level 1

Registration of the grievance with GO and resolution by SGRC (14 days)

Level 2

Forward findings and Complainan recommendations YES t satisfied NO to Resettlement with the Implementation outcome (RIC) Committee

Grievance Final closure YES Complainant processing satisfied with by outcome Mediation committee (14days)

NO

Level 3

Complainant seeks legal redress

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CHAPTER 10: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS

10.1 Overview The overall responsibility for the implementation of the ARAP is vested in KISIP - the Project Coordinator and staff of the Project Coordinating team (PCT). The PCT consists of Component heads, planners, social safeguards experts, Monitoring and Evaluation, procurement officer etc. The main objectives of resettlement and compensation are to ensure that the PAPs get fair and prompt compensation. In this way it is expected that their income, productivity and standards of living will be improved, or at least restored to their previous levels or even better.

The guiding principles for the implementation of the ARAP will be as follows: a. Resettlement or relocation has been minimized by taking into consideration all possible alternative measures. b. Compensation will be paid concurrently with issuance of titles in a manner that does not curtail the livelihoods of the PAPs in terms of access and utilization of such compensation. c. The compensation values awarded are fair to restore the livelihoods of PAPs. d. All other activities related to the ARAP will be communicated in advance to the PAPs using the preferred channels of communication. e. Where grievances arise, the respective PAPs/beneficiaries who lodged the grievance will be given an opportunity to be heard, fairly and promptly. f. Measures will be taken to ensure that vulnerable PAPs get special assistance and support as documented in the entitlements of this ARAP. 10.2 Resettlement Implementation Institutions This ARAP will be implemented within a period of not more than 90 days upon approval from the World Bank. At implementation phase, KISIP will ensure all PAPs are adequately facilitated according to the provisions of this ARAP before Title Deeds are issued to all beneficiaries. The implementation tasks will be carried out by KISIP Resettlement Implementation Committee (RIC) for Nairobi City County whose composition is outlined in this ARAP. Table 10-1 below indicates the County and National Government role in this ARAP implementation:

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Table 10-1: National and County Government ARAP Implementing Institutions No. Institution Role Capacity 1. Ministry of • It houses the • The Ministry has the Transport, KISIP project capacity for Infrastructure, and provides for implementation of Housing and policy direction. this ARAP Urban • Preparation of • The Ministry has the Development. Title deeds for capacity for the settlement infrastructure improvement in the • Registration of planned settlements the respective • The Ministry has 23 societies experts in the groups for title necessary key areas: registration land management, land administration and physical planning. • Ministry shall foot the necessary statutory payments for the registration of societies 2. Ministry of • Financial Capacity exists and Finance management on funds will be made behalf of the available. Borrower (GoK). • Provision of counterpart funding – part of which is used to settle compensation claims by PAPs. 3. National Land • Custodian of all The commission has Commission public land on the capacity on this behalf of the mandate. County Governments. • Ensures Issuance of Title Deeds to beneficiaries. 4. County • Ensures that all • The county has Government PAP’s are capacity in the authentic enforcement DISCLOSUREDISCLOSURE• Ensures that department. COPYCOPY there is no re • The county has a encroachment or functional social any new development office

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development that has been after cutoff date collaborating with and before KISIP national office. compensation • There is a functional process is KISIP County office completed. existing. 5. Office of the • Responsible for • The office has the Attorney the registration capacity on this General of the societies mandate. 6. Ministry of • Processing of • Exist capacity to Lands title deeds handle the tasks

In addition to the above government institutions, several structures have been established to ensure effective implementation of this ARAP 10.3 ARAP implementation at KISIP 10.3.1 KISIP Project Coordination Team The overall coordination of the whole process is provided by the KISIP Project Coordinating Team (PCT). The National KISIP Coordinating Unit has the following roles: a. Coordinate the effective implementation of the RAP as provided for by the RPF. b. Prepare Progress Reports on the implementation of the Social Safeguards. c. Procure and supervise consultants for Social safeguards. d. Build the capacity at all levels to implement the RAP. e. Supervise RAP implementation during and after project implementation. f. Ensure integration of RAPs into Contract and Bid Documents. g. Ensure adequate community participation.

The Project Coordinator is the overall technical coordinator in the Project Coordinating Team (PCT) and implementation of KISIP. She/he will supervise the project team and ensure that project implementation activities and reports are done on schedule and in compliance with the financing agreement. The coordinator will report to the Principal Secretary in the Ministry of Infrastructure, Transport Housing and Urban Development and will from time to time draw the attention of the PS to all emerging policies issues for decision at that level or a higher level.

The PCT is responsible for routine implementation and technical aspects of the KISIP project and comprises of a Safeguards Team, which has Social Safeguard Specialists responsible for ensuring that the Social Safeguards are implemented. 10.3.2 KISIP ARAP Implementing Committee A Resettlement Implementations Committee, appointed by the Project Coordinator is has been incorporated in the GRM and has the overall responsibility of Monitoring and Evaluation of the resettlement process. The following are the recommended members: From KISIP NationalDISCLOSUREDISCLOSURE PCT: COPYCOPY a. Head of Component 1. b. Social Safeguard Specialist.

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c. Community Development Specialist. d. 3 members from Component 2 – Surveyor, Land Administrator and Valuer. e. KISIP Finance Officer.

From the County a. County KISIP Coordinator who will be the chairman. b. Assistant County Commissioner. c. Community Development Officer. d. County Surveyor. e. A representative from enforcement department. f. Town Administrator. The committee works with the Project Affected Persons for each settlement. The committees’ roles are as presented below. a. The Resettlement Implementation Committee shall ensure the list of all PAPs has been verified and documented in the PAP register. The register shall have, among other parameters, (1) the name of the person, (2) type of loss (structure / Livelihood) (3) identification number of the PAP, (3) Compensation Amount (3) Bank Details or M-Pesa details of the PAP. b. The Resettlement Implementation Committee will verify the identity of each PAP as stated in the register and ascertain that every identity card holder is correctly documented in the register. c. Resettlement Implementation Committee will support KISIP in carrying out sensitization about opening of joint accounts and appropriate use of compensation funds for households. RIC will support PAPs in opening individual and joint accounts with financial institutions of their choice. RIC will support KISIP in following up on PAPs to ensure they have received their compensation. d. On completion of the PAP Audit and resolution of any grievance, the committee shall recommend compensation. Payments will be made according to locations and adequate information will be made available to all affected persons prior to payment. Such information will include: dates and locations of payment, list of eligible people and mode of payment, etc.

10.3.3 County KISIP teams For effective implementation of the project, Counties have established County KISIP Teams whose composition is a replica of the national team. The county team was crucial in development of this ARAP and they will also be important during implementation of the ARAP prior to commencement of civil works.

The role of the County KISIP Team includes: a. Validation of assets and PAPs before compensation. b. Formation of the Grievance Redress Committee. c. Capacity building of ARAPs committee. d. Sensitization of PAPs on bank accounts and use of compensation funds. e. Monitoring of ARAPDISCLOSUREDISCLOSURE activities. COPYCOPY f. Oversight and supervision of rebuilding of structures owned by vulnerable PAPs who need assistance. g. Nairobi City County Government

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The county’s role includes: i. Facilitate implementation of ARAP and ensuring project success. ii. Delivery of other assistance to PAPs will be the responsibility of County Government under the coordination of respective RIC. iii. Responsibility for appropriate and suitable measures to prevent further encroachments after the cut-off date and before facilitation is made. iv. Oversight and quality control of rebuilding of structures for vulnerable PAPs identified for this additional assistance. v. Clearance of structures after expiry of self-demolition period and compensation. vi. Part of Grievance Redresses Mechanism through County KISIP office. vii. Maintaining roads and safeguarding them from encroachment after ARAP Implementation.

10.3.4 Settlement Executive Committee (SEC) This was instrumental in mobilizing the community and providing a link between KISIP, the Consultants, and the community. The Committee has been involved in all stages of ARAP development and is expected to continue playing an active role in monitoring its implementation. The Settlement Executive Committee role in the ARAP process as follows: h. It provides an entry point into the informal settlement. i. It is the crucial link between the community and other institutions. j. Plays an important role in the formulation of the community resettlement committee and other engagement structures. k. Will play a crucial role in additional assistance to vulnerable PAPs during Implementation e.g. rebuilding of structures, and movement.

10.3.5 The Settlement Grievance Redress Committee This will be formed to address all grievances related to the development and implementation of this ARAP at settlement level. 10.4 ARAP Implementation Process Flow The ARAP provides for coordination of relevant institutions discussed above during ARAP implementation, figure 10-.2 below presents a flow chart which illustrates roles of institutions involved in ARAP implementation while figure 10.1 presents information sharing and Stakeholder Engagement Strategy.

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Figure 9: Distribution of ARAP Implementing Institutions

KISIP Project Coordination Team Overall coordination Overall responsibility of ARAP implementation Ensure budget for implementation is available

Resettlement Implementation Committee Monitoring and Coordination of resettlement process Grievance redress

Nairobi City County KISIP Nairobi City County Team Ensure sustainability of the Validation of Assets project Handling grievances ARAP implementation

The SEC and Settlement Grievance Redress Committee First tier of grievance redress

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Figure 10: Stakeholder Engagement Strategy

What Why Areas Whom How

- Avert Disputes/conflicts and GBV - Benefits of Title Deed - Chief Registrar of Titles - All Community Titles Sensitization - Enhance/safeguard Women’s - Types of Registrations - KISIP beneficiaries meetings Land Rights - Joint Registration of Titles - NLC - Spouses with - Regulation of land transactions - Land Control Board Joint

W (mandatory spousal consent) Ownership - Relevant land related institutions O - Allow PAPs to self-demolish, - Entitlements - RIC PAPS Community M salvage and rebuild affected - PAP register - Nairobi City County meetings E structures in time - Notice for self-demolish and implications (NCC) Notification & N - Ensure PAPs use compensation of failure to do so within time - Area Chief Disclosure for right purpose - Ensure grievances are directed - Unilateral Grievance Redress Mechanism RIC PAPS Community C towards the right institutions for for ARAP implementation meetings timely resolution - Procedures and processes in GRM O Sensitization on GRM N - Avert conflicts and GBV over - Full disclosure of facilitation payment to - RIC PAPS - Community C compensation both spouses - CGM meetings E - Ensure PAPs use funds for right - Opening of Joint Accounts - Area Chief - Individuals/S R purpose - Utilization of funds, GBV - SGRC pouses meetings N S Compensation & Joint Accounts Sensitization

Guiding Principles Proactive Engagement Clear and Open Information Sharing Learning & Modifying performance

Overall Coordination by KISIP PCT

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10.5 Gender Empowerment Activities Gender mainstreaming is one of the guiding principles of this ARAP and women rights to land ownership are important in the implementation this ARAP, to enhance these rights, initiatives tailored to sensitize women on tenure rights, Land Laws and enhancing land related decision making for women within the settlement would be done during implementation of this ARAP.

In implementing these initiatives, key stakeholders including KISIP, Chief Lands Registrar and Nairobi City County; Gender Department; local women and men based organizations; SEC; and local community will participate. These Sensitization exercises will include but not limited to:

i. Enhancing women’s landownership rights, which to an extent is ongoing as women heads are already recognized through the titling process, while joint spousal registration as shareholders in the group title will enhance women land ownership rights. ii. Enhancing women’s decision-making on land use and Land Laws. For example, women will be sensitized to know that a spouse cannot sell or transfer the cluster shareholding without their consent. This will be one of the clear rules and regulations in the formation of the cooperative. iii. Sensitization on land shareholding transfer processes e.g. in the event of a spouse’s death or transfer to children. This will be clearly documented in detail in the Articles of association of the Cooperative iv. Educating community on the benefits of recognizing promoting women’s land rights. v. The community will be sensitized on the need to have women as part of the leadership of the societies formed to register and manage the title. 10.6 Implementation procedures The key activities anticipated prior to, during and after implementation of the ARAP are outlined under the implementation schedule namely Abbreviated Resettlement Action Plan Activity Schedule (ARAPAS). Implementation of the Abbreviated Resettlement Action plan will consist of the following main interlinked activities: i. ARAP approval and Disclosure will be undertaken on the ground by RIC, KISIP, in conjunction with SEC. At the Settlement level the disclosure will happen in a public meeting and done in in a language comprehendible by the community. KISIP and The World Bank will also disclose via their website and Info shop respectively. ii. Formation of societies for the 23 clusters, training and registration iii. Validation of asset valuation/values will be undertaken by KISIP RIC. iv. Capacity building for Grievance Redress Committee will be undertaken by KISIP. The training will cover topics including grievance collection and documentation, resolution and escalation of grievances to RIC including types of grievances to escalate to RIC. Dispute /grievances resolution will be a continuous process and undertaken by KISIP, RIC and SGRC. v. PAPs mobilizationDISCLOSUREDISCLOSURE and sensitization will be undertaken by COPYCOPY RIC. This will include sensitization on how to use the compensation amounts and the importance of joint spousal involvement.

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Abbreviated Resettlement Action Plan for Kahawa Soweto| vi. Bank account opening by each of the affected PAPs so as to facilitate smooth payment process will then happen. vii. Offering of awards by RIC. The PAPs will then choose to accept or reject the award. Where the PAP rejects the award, s/he will explain the reasons and can launch a grievance. For those who sign the award, they will wait for payment. viii. Issuance of titles will be undertaken by KISIP, Ministry of Lands and NLC, after full facilitation of the PAPs. ix. Following payment of facilitation, the PAPs will be issued with notice for self- demolition, so as to salvage the building materials, which will be 3 month. For PAPs who will not Self-demolish, the County Government is mandated to undertake development control after expiry of the notice. Therefore, demolition of any structures that have not been demolished at the expiry of the notice period by the Nairobi City County Development Control Section. x. Monitoring and evaluation will be undertaken on a continuous basis by KISIP/RIC xi. Evaluation and final audit will be undertaken following completion of implementing the ARAP by KISIP, MoTIH&UD& World Bank. This is discussed in detail in Chapter 10.

10.7 ARAP Implementation Schedule The Abbreviated Resettlement Action Plan Activity Schedule (ARAPAS) is spread over a period of three months. Table 10-2 below summarizes the Abbreviated Resettlement Action Plan Activity Schedule (RAPAS).

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Table10-2: ARAP implementation schedule Actor Implementation to begin immediately after approval of TASK NAME ARAP Period in Months

1 2 3 4 5 6

1. Approval of ARAP World Bank Formation of 23 cooperative KISIP, County

2. societies, registration and training Government

Sensitization on Title Registration KISIP, RIC, PAPs, (including Gender Empowerment on Beneficiaries, SEC

3. land ownership), Group Title Management

4. Disclosure of ARAP KISIP, PAPs, capacity building of Grievance KISIP, RIC, GRC,

5. Redress Committee SEC KISIP,RIC County Validation of asset valuation/values 6. Government,

KISIP, RIC, PAPs, Grievance Redress 7. Beneficiaries, GRC KISIP, RIC, PAPs, Sensitization of PAPs on bank County accounts and use of compensation Government, funds including joint spousal 8. Women Based management of cash, GBV in use of Organizations (if funds present), SEC

9. Payment of compensation KISIP, RIC, PAPs County 10. Issuance of notice for self-demolition Government, RIC, SEC

11. Self -Demolition PAPs Demolition of any structures that Nairobi County 12. have not been demolished at the expiry of the notice period KISIP 13. Monitoring activities DISCLOSUREDISCLOSUREMoTIH&UD COPYCOPY KISIP 14. Registration of societies MoTIH&UD

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10.8 Costs and Budget The budget for this project has been prepared considering that the facilitation will be in the form of cash. Any administrative expenses e.g. costs of facilitation transfer, logistics for committees etc. will be incurred by the project. The values projected in the budget have also been estimated with consideration of the market trends in the project area taking into consideration the expected immediate changes in the short-term future.

In this ARAP, the cost for implementation amounted to KES. 9,163,400.00 (Read Kenya Shillings Nine million, One Hundred and Sixty Three Thousand, Four hundred Only). These costs are summarized in the following table:

Table10-3: Summary of ARAP budget for Kahawa Soweto settlement

Item/Activity Amount 1. Structure costs12 6,572,696.00 2. Livelihood Loss 192,000.00 3. Vulnerability Support and Assistance 234,000.00 4. Training and Capacity Building of GRM 200,000.00 5. Operational & Administrative Costs of ARAP 250,000.00 Committees 6. Monitoring and Evaluation 100,000.00 7. F ormation and registration of the societies 600,000 8. Disturbance allowance Total Costs of ARAP Implementation 9,163,400.00

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CHAPTER 11: MONITORING AND EVALUATION.

11.1 Introduction Monitoring and supervision for implementation of this ARAP will be undertaken on a continuous basis to ensure that the resettlement plan is smoothly implemented and PAPs have been adequately assisted before implementation of component two of the project; and whether the PAPs enjoy the same or higher standard of living than before. Monitoring will also ensure that attention is given to the 39 vulnerable persons affected by the plan. Monitoring will provide both as a warning system for the project proponent and a channel for the affected persons to make known their needs and their reactions to resettlement activities.

Monitoring and evaluation activities and programs will be adequately funded and staffed. In-house monitoring will need to be supplemented by independent monitors to ensure complete and objective information gathering. The primary responsibility for monitoring rests with proponent i.e. KISIP which already has a Social Safeguards Team which will work in collaboration with the RIC, and other external actors, where needed. 11.2 Monitoring and Evaluation Framework 11.2.1 ARAP Monitoring Plan

The ARAP Monitoring Plan and Framework involves internal monitoring by KISIP, impact monitoring commissioned to specialized firms and Resettlement Completion Audit. The ARAP Monitoring Plan to be adopted is presented below:

Table 11-1: Monitoring Plan

Activity Monitoring Means of Responsibility Frequency Parameters verification Impact Tracking Quarterly or Project Frequently Monitoring effectiveness semi-annual safeguards and as required of inputs quantitative and RIC or by the against qualitative contracted (KISIP) baseline surveys external indicators monitoring agency Regular public Assessment of meetings and PAP other satisfaction consultation compensation with people proposals of affected by the the affected project; review assetsDISCLOSUREDISCLOSURE and of grievance COPYCOPY livelihood mechanism sources. outputs

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Completion Measurement External Contracted On Audit of output assessment of external completion indicators ARAP auditing and of the ARAP such as implementation, evaluation time table productivity independent agency gains, surveys and livelihood consultation restoration, with affected and persons developmental impact against baseline

11.2.2 ARAP Monitoring Framework ARAP Implementation Reports will be verified by a field check of the following:

i. Payment of compensation ii. Stakeholder engagement iii. Formation and Registration of societies for group titles Management iv. Adequacy of training and other developmental inputs. v. Infrastructure repair, relocation or replacement. vi. Livelihood relocation, compensation and its adequacy. vii. Transition allowances.

The mechanism of the above shown field check includes the following: i. Public Consultations with affected people at the community level will be observed. ii. The resettlement operation at all levels will be observed to assess its effectiveness and compliance with the ARAP. iii. The type of grievance issues and the functioning of Grievance Redress Mechanisms will be checked by reviewing the processing of appeals at all levels and interviewing aggrieved PAP’s. iv. The standards of living of the PAP’s before and after implementation of resettlement will be surveyed to assess whether the standards of living of the PAP’s have improved or been maintained. v. Project management will be advised regarding necessary improvements in the implementation of the ARAP, if any. vi. Functional societies able to manage issues related to group titles

The Table 11-2 below shows Internal Monitoring Indicators that will be checked during Internal Performance Monitoring by KISIP:

Table 11-2 Monitoring Indicators Activity/Parameters Indicators Compensation and • Number of PAPs promptly paid disaggregated by Livelihood DISCLOSUREgender COPY restoration DISCLOSURE• Number and amounts of payments madeCOPY to PAPs • Number of PAPs with restored assets disaggregated by type of structure

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• Number of PAPS with restored livelihood enterprises • Number of restored structures disaggregated by type, building/construction material, asset use/purpose and standard • Average income level by source • Employment status of household head • Use of compensation cash • Number of people/groups with improved livelihoods • Development of settlement triggered by land tenure process • Changes in land values and plot ownership Access to services • Number of PAPs with access to water services disaggregated by type of water source • Number of PAPs with access to sanitation services disaggregated by type of water source • Number, type of educational establishments and proximity to PAPs • Number, type of health facilities establishments and proximity to PAPs • Length of roads that are newly constructed or expanded Vulnerability • Status of “vulnerable” homesteads • Structures constructed to PAPs through Additional Assistance Community • Number of local consultative meetings held participation and • Type of issues raised at public consultation meetings public engagement • Number of participants attending public consultation meetings related to displacement disaggregated by gender Training and • Number of trainings held disaggregated by target Capacity Building group/institutions and issues • Number and type of participants disaggregated by gender • Themes discussed in various trainings • Perception of PAPs on usefulness and timing of these issues discussed Gender Concerns • Number of women with land titles disaggregated by type (e.g. sole owners, joint owners) • Number of Cases of GBV • Participation of women and men in trainings • Number of Joint accounts opened for facilitation funds Grievance • Number of grievances received management DISCLOSUREDISCLOSURE• Number of grievances resolved promptly COPYCOPY (within the duration allowed in the grievance redress mechanism) • Number of outstanding grievances not resolved

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• Average timelines for resolution of grievances disaggregated by the various levels of grievance redress mechanism/institutions • Number of grievances referred to Level 3 (Courts of Law) • Number of complaints referred to World Bank Awareness and • Type of information disclosed to PAPs during each Access to meeting Information • Accessibility of the ARAP document at the local level • Accessibility of the ARAP document on the Ministry’s website and the Bank’s Info shop • Awareness on ARAP/Entitlement information • Number of people seeking information on displacement and compensation Process • Formation of proposed institutions or better Management alternatives • Census and asset verification/quantification procedures in place • Effectiveness of compensation delivery system by KISIP • Efficiency of compensation delivery system by KISIP • Co-ordination between KISIP national, KISIP, County Government and the community • Availability of adequate funds for the process Group Title • Formation and registration of societies for the 23 Management group titles (facilitated by KISIP) • Training of the societies membership on group title management • Gender mainstreaming in the societies leadership. • Conflicts in the Title management resolved

11.3 Resettlement Completion Audit The purpose of the completion audit will be to verify and ascertain that there settlement process at the end of ARAP implementation has complied with resettlement commitments as defined by the ARAP. This audit will be done at end of ARAP implementation either internally by KISIP PCT or by an external audit firm to be hired by KISIP. Reference document for the completion audit will be this ARAP Report and the legal framework lay therein.

The Completion Audit will have following specific objectives: i. Assessment of compliance of implementation with laws, regulations and safeguard policies. ii. Assessment of the adequacy and promptness of the compensation and resettlement procedures as implemented. iii. Evaluation ofDISCLOSUREDISCLOSURE the impact of the compensation and resettlement COPYCOPY program on livelihood restoration, measured through incomes and standards of living, with an emphasis on the “no worse-off if not better-off”

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requirement; and iv. 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 persons. In addition, auditors will make their own assessments, surveys and interviews in the field and with Project Affected Persons.

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Abbreviated Resettlement Action Plan for Kahawa Soweto| CHAPTER 12: CONCLUSION AND COMMITMENTS

12.1 Conclusion This ARAP Report is prepared to mitigate impacts arising from the planning and surveying in readiness for tenure regularization and issuance of Title Deeds for Kahawa Soweto settlement located in Nairobi City County. The tenure regularization activity is undertaken by the Kenya Informal Settlements Improvement Project. The Kahawa Soweto ARAP has been prepared in compliance with the applicable Kenyan Legal Framework and the provisions of the World Bank's Safeguard Policy on Involuntary Resettlement (OP 4.12). Under the World Bank’s OP 4.12, for all projects that anticipate displacement of persons including shelter, livelihood and associated impacts, a RAP has to be prepared. World Bank’s (OP 4.12) allows that “for projects in which the number of people to be displaced with a loss of assets or restriction of access to assets is small (less than 200 persons will experience resettlement effects), an Abbreviated Resettlement Plan (ARAP) should be prepared. The displacement of economic activities in Kahawa Soweto settlement meets these conditions. The ARAP presents an inventory (register) of PAPs, an Asset register of affected assets and the proposed compensation package. The process for preparation of this ARAP involved all stakeholders notably the SEC members, the Kahawa Soweto community, KISIP National and County Teams, NLC and the Consultant. Ownership of the ARAP has been internalized by all the affected persons through a rigorous and adequate consultations. 12.2 Commitments In order to ensure that this ARAP is fully implemented, KISIP binds to undertake the following: • KISIP RIC in collaboration with the Registrar of Titles will organize and carry out thorough community engagement and sensitization on group title during implementation. This exercise will be aimed at enhancing women land rights, share holders’ exit mechanisms, land development and management of group titles as documented in this ARAP. • KISIP will Issue a three months’ notice to PAPs to enable them Self Demolish, salvage their assets, and facilitate all the affected persons according to provisions of this ARAP within 3 months after approval of this ARAP. • KISIP will Ensure Grievances raised are addressed and resolved on a timely manner during implementation of the ARAP. • All vulnerable persons enumerated in this ARAP will be promptly facilitated in accordance with the provisions of this ARAP. In particular, the RIC will ensure the title registration, facilitation funds and reconstruction assistance to the vulnerable PAPs is undertaken according to the provisions of this ARAP. • KISIP through the Ministry of Lands and Physical Planning and NLC will immediately begin issuance of title deeds to beneficiaries, concurrently with compensation. DISCLOSUREDISCLOSURE COPYCOPY • Ensure all costs associated with formation and registration of the societies necessary for management of the group Titles is undertaken KISIP up until handover of the Title to the beneficiaries is done. • Undertake Monitoring and Evaluation of this ARAP during and after implementation Page 78 of 145

Abbreviated Resettlement Action Plan for Kahawa Soweto| • KISIP will work with the County Government of Nairobi in ensuring the RAP is successfully implemented. The County Government will be part of the RIC and GRM committees. The County Government will also enforce development controls, clearance of structures on road reserves after the expiry of self-demolition period. • Facilitate and ensure the chief assists the mentally ill persons during implementation

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Abbreviated Resettlement Action Plan for Kahawa Soweto| REFERENCES 1. Socio-economic survey of Kahawa Soweto Informal Settlements, Nairobi 2019. 2. Land Development Plan for Kahawa Soweto Informal Settlements, Nairobi 2019. 3. International Finance Corporation; Handbook for Preparing a Resettlement Action Plan 4. Resettlement Policy Framework (RPF) for KISIP, October, 2014 5. Nairobi City County Integrated Development Plan 2018-2022, February 2019. 6. Land Act, 2012 7. Land Registration Act, 2012 8. The societies Act Cap 108 9. The Cooperatives Societies Act, 1997

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Abbreviated Resettlement Action Plan for Kahawa Soweto| ANNEXES

Annex 1: Minutes of the PAPs Consultation Meeting Held on 12th November 2019 at the Kahawa Soweto Resource Centre, Kahawa Soweto from 10:15 am.

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Annex 3: Minutes of the Sensitization on Land Tenure Options meeting Held on 23rd of August 2019 at St. Joseph Mukasa Nursery School, Kahawa Soweto Settlement from 10:55 am.

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Annex 4: Minutes of the Presentation and Adoption of Proposed Kahawa Soweto Settlement Draft LPDP, Final Verification Exercise of the List of Beneficiaries & Launch RAP meeting Held on 29th of July 2019 at Kahawa Soweto Social Hall from 10:00am.

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Annex 5: Minutes of Stakeholder Engagement Meeting (Presentation of Socio Economic Survey Findings, Validation of Base maps, Visioning and Community Participatory Planning) Held on 24th May 2019 at Kahawa Social Hall, Kahawa Soweto from 10: 00 am.

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Annex 6: Minutes of the Introduction meeting Held on 27th February 2019 at Kahawa Soweto Social Hall, Kahawa Soweto Settlement from 10:00 am.

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Attendance Lists

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